Terms and conditions
Table of contents
1. Scope of application
2. Conclusion of contract
3. Right of cancellation
4. Transfer of the leased property
5. Rent and terms of payment
6. Use of the leased property, transfer of use to third parties
7. Obligations of the tenant
8. Changes to the rented property
9. Lessor's maintenance obligation, tenant's rights in the event of defects
10. Liability
11. Contract term, termination of the tenancy
12. Return of the rented property
13. Applicable law
14. Place of jurisdiction
15. Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of GoZoomIt e.K. (hereinafter "Lessor") apply to all rental contracts that a consumer or entrepreneur (hereinafter "Tenant") concludes with the Lessor with regard to the rental items presented on the Lessor's website. The inclusion of the Lessee's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2) Conclusion of contract
2.1 The rental items described on the Lessor's website do not constitute binding offers on the part of the Lessor, but serve to submit a binding offer for the conclusion of a rental agreement by the Tenant.
2.2 The Lessee can submit the offer via the online order form integrated into the Lessor's website. After placing the selected rental items in the virtual shopping basket and going through the electronic ordering process, the Lessee submits a legally binding contractual offer with regard to the rental items contained in the shopping basket by clicking the button that concludes the ordering process. The tenant can also submit the offer to the lessor by e-mail or telephone.
2.3 The Lessor may accept the Tenant's offer within five days,
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by sending the tenant a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the tenant is decisive in this respect, or
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by handing over the rental object to the lessee, whereby the receipt of the rental object by the customer is decisive in this respect, or
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by requesting payment from the tenant after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the lessor does not accept the tenant's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the tenant is no longer bound by his declaration of intent.
2.4 The period for accepting the offer begins on the day after the offer is sent by the tenant and ends at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Lessor's online order form, the text of the contract shall be saved by the Lessor after the contract has been concluded and sent to the Lessee in text form (e.g.
email, fax or letter) after the order has been sent. The lessor will not make the text of the contract available beyond this.
2.6 Before submitting a binding order via the Lessor's online order form, the Lessee can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.
2.7 German and other European languages are available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the lessor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the lessor or by third parties commissioned by the lessor to process the order can be delivered.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the Lessor's cancellation policy.
4) Transfer of the leased property
4.1 The rental object shall generally be provided by dispatch to the delivery address specified by the Lessee. The delivery address specified in the Lessor's order process shall be decisive, unless otherwise agreed.
4.2 If the transport company returns the rented item to the Lessor because delivery to the Lessee was not possible, the Lessee shall bear the costs for the unsuccessful dispatch. This does not apply if the tenant effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the lessor had notified him of the service a reasonable time in advance.
5) Rent and terms of payment
5.1 The prices stated on the Lessor's website are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately on the lessor's website.
5.2 The rent includes the remuneration for the provision of the leased property and for its maintenance and repair.
5.3 Adjustments and/or modifications made to the rental object at the request of the Lessee shall be remunerated separately, unless they are necessary for the maintenance or repair of the rental object or to ensure its contractual use.
5.4 The rent is charged as follows:
- The rent is payable in advance for the entire term of the contract, unless otherwise agreed. To pay the rent, the lessee can choose between different payment methods, which are specified on the lessor's website. Any additional delivery and shipping costs incurred are to be paid together with the rent.
6) Use of the leased property, transfer of use to third parties
6.1 The rental object may only be used for the contractually agreed purposes.
6.2 The rental object is provided for the exclusive use of the Lessee. The Lessee is not authorised to transfer the use of the rental object to a third party without the Lessor's permission, in particular to rent or lend it out.
7) Obligations of the tenant
The tenant must treat the rental object with care and protect it from damage. He shall follow the Lessor's maintenance, care and operating instructions to the extent reasonable. Markings on the rental object, in particular signs, numbers or inscriptions, may not be removed, altered or made unrecognisable.
8) Changes to the rented property
8.1 The Lessor is authorised to make changes to the rented property, provided that these serve the purpose of maintenance. Improvement measures may only be carried out if they are reasonable for the tenant and do not impair the contractual use of the rented property. The lessor must inform the tenant of such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these shall be reimbursed by the landlord.
8.2 Changes and additions to the rental object by the Lessee require the prior consent of the Lessor. This applies in particular to extensions or installations as well as the connection of the rental object with other objects. Upon return of the rental object, the Lessee shall restore the original condition at the Lessor's request.
9) Lessor's maintenance obligation, tenant's rights in the event of defects
9.1 The Lessor is obliged to keep the rental object in a condition suitable for use in accordance with the contract for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures shall be carried out at regular maintenance intervals and when defects, faults or damage occur. The lessor must be granted the necessary access to the rented property for this purpose.
9.2 The Hirer must notify the Rental Firm immediately of any defects, faults or damage.
9.3 Defects shall be remedied by rectifying or repairing the rental object free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With the Tenant's consent, the Landlord may replace the rented item or individual components of the rented item for the purpose of remedying the defect. The Tenant shall not unreasonably withhold its consent to this.
9.4 Termination by the tenant pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the landlord has been given sufficient opportunity to rectify the defect and this has failed. It can only be assumed that the rectification of defects has failed if it is impossible, if the lessor refuses or unreasonably delays it, if there are reasonable doubts regarding the prospects of success or if it is unreasonable for the tenant for other reasons.
9.5 The Tenant's rights due to defects are excluded if the Tenant makes changes to the rented property or has them made without the Landlord's consent, unless the Tenant can prove that the changes have no unreasonable impact on the Lessor's analysis and rectification of the defect. The tenant's rights due to defects remain unaffected, provided that the tenant is authorised to make changes, in particular within the scope of exercising the right of self-remedy in accordance with
Section 536a (2) BGB, and these have been carried out professionally and documented in a comprehensible manner.
10) Liability
10.1 The strict liability of the Lessor pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.
10.2 Otherwise, the Lessor shall be liable to the Lessee for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
10.2.1 The Lessor shall be liable without limitation for any legal reason
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in the event of intent or gross negligence,
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in the event of wilful or negligent injury to life, limb or health,
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on the basis of a guarantee promise, unless otherwise agreed,
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due to mandatory liability such as under the Product Liability Act.
10.2.2 If the Lessor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Lessor according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Lessee may regularly rely.
10.2.3 Any further liability of the Rental Firm is excluded.
10.2.4 The above liability provisions shall also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.
11) Contract term, termination of the tenancy
11.1 The rental agreement is concluded for a limited period and ends automatically at the end of the agreed rental period. The tenant will be informed of the rental period on the landlord's website.
11.2 The rental period begins when the rental object is handed over to the Lessee.
11.3 The Tenant's right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the contract and the right of either party to extraordinary termination for good cause shall remain unaffected.
11.4 Cancellation must be in text form (e.g. e-mail) to be effective.
12) Return of the rental object
12.1 At the end of the contractual relationship, the Lessee must return the rental object to the Lessor in proper condition.
12.2 The Hirer must reimburse the costs of restoration in the event of damage or defects to the rental object for which it is responsible. In particular, if the rental object is lost, the Lessee must reimburse the Lessor for the current replacement price of the rental object.
12.3 If the Lessee is obliged to return the rental object under the contract, it shall bear the costs for the return transport of the rental object, unless otherwise agreed.
12.4 If the agreed rental period is exceeded, the Lessee shall be obliged to pay the Lessor an amount corresponding to the agreed rental fee for each day the rental period is exceeded. The Lessor expressly reserves the right to assert claims for any further damages.
13) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
14) Place of jurisdiction
If the Lessee acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Lessor. If the lessee is domiciled outside the territory of the Federal Republic of Germany, the lessor's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the lessee's professional or commercial activity. In the aforementioned cases, however, the Lessor shall in any case be entitled to appeal to the court at the registered office of the Lessee.
15) Alternative dispute resolution
15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
15.2 The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.