General terms and conditions of rental

Preliminary remarks

The Cue Group is an association of legally independent companies in the events industry (hereinafter "Member Companies"). All Member Companies rent out event technology and provide related services in accordance with these uniform General Terms and Conditions of Rental (hereinafter "GTC").

The Customer's contractual partner is always solely the Member Company named as lessor in the offer and in the order confirmation. The Cue Group GmbH and the other Member Companies do not thereby become contractual partners. Insofar as these GTC do not differentiate between genders, this serves solely the purpose of readability.

§ 1 Scope of application

(1) These GTC apply to all contracts of a Member Company (hereinafter "Lessor" or "we") with its customers (hereinafter "Lessee" or "Customer") concerning the following services:

1. the pure rental of event technology and accessories without personnel, with collection from and return to the Lessor's warehouse (hereinafter "Dry Hire");
2. the rental of event technology together with services such as transport, set-up, operation, support and dismantling (hereinafter "Full Service");
3. pure technical services at events at which the Customer uses its own or third-party technology (hereinafter "Technical Service");
4. the temporary provision of digital or hybrid event platforms, including streaming and virtual rooms (hereinafter "Digital Services").

All services together are hereinafter referred to as "Services", the rented items as "Rental Items".

(2) We rent exclusively to entrepreneurs (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (öffentlich-rechtliche Sondervermögen). We do not conclude contracts with consumers. By placing its order, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity.

(3) These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the Customer only become part of the contract if the Lessor has expressly agreed to their validity in text form (Textform). This also applies if the Lessor performs without reservation in the knowledge of such terms and conditions.

(4) Individual agreements made in a specific case take precedence over these GTC. Subject to proof to the contrary, the Lessor's order confirmation in text form is authoritative for their content.

(5) These GTC, in the version valid at the time of conclusion of the contract, also apply as a framework agreement to all future contracts of the same kind with the same Lessor, without the need for renewed reference to them.

(6) References to statutory provisions are for clarification purposes only. The statutory provisions apply insofar as these GTC do not effectively modify or exclude them.

§ 2 Contractual partner within The Cue Group

(1) The Lessor and sole contractual partner is the Member Company named in the offer and in the order confirmation with its company name, registered office, registry court and registration number. This company provides the Services, issues the invoice and is solely responsible for all rights and obligations arising from the contract.

(2) The use of the brand "The Cue Group", of a joint web presence, of joint templates or of central contact persons does not establish any contractual commitment, co-liability or joint and several liability of The Cue Group GmbH or of other Member Companies.

(3) The Lessor may engage other Member Companies or third parties as subcontractors for the performance of the contract and may rent Rental Items from them. The Lessor remains the sole contractual partner and is liable for them as for its own vicarious agents (Erfüllungsgehilfen).

(4) The complete company details of the respective Lessor are set out in the offer, order confirmation and invoice. The current version of these GTC is available at www.the-cue.group.

§ 3 Offer and conclusion of contract

(1) Our offers are subject to change and non-binding unless they are expressly designated as binding or contain a period for acceptance. Catalogues, price lists, technical documents, drawings, plans and calculations remain our property and are protected by copyright. They may only be made accessible to third parties with our consent.

(2) The Customer's order constitutes a binding offer to conclude a contract. We may accept it within fourteen (14) days of receipt.

(3) The contract is concluded by our order confirmation in text form or by our performance of the Services, in particular by our provision of the Rental Items. If the Customer has accepted an expressly binding offer in text form within the period for acceptance, the contract is already concluded upon receipt of the acceptance.

(4) Descriptions and illustrations of the Rental Items in offers, on websites and in other documents are only approximately authoritative. They do not constitute a guarantee or an assured characteristic.

(5) Instead of a specific Rental Item or software access, the Lessor may provide an equivalent one, for example a device from another manufacturer, if it has comparable functions and characteristics and is suitable for the agreed intended use.

§ 4 Rental period

(1) The rental period is calculated in hours, days or weeks. Commenced billing units count in full. Minimum rental periods and graduated prices are set out in the offer and order confirmation.

(2) Unless otherwise agreed, the rental period begins
1. in the case of Dry Hire, with the agreed provision of the Rental Items in the Lessor's warehouse, at the latest upon their collection;
2. in the case of Full Service, with loading in the Lessor's warehouse for delivery.

(3) The rental period ends with the complete return of the Rental Items to the Lessor's warehouse in accordance with Section 11. This applies irrespective of whether the Customer, the Lessor or a third party carries out the transport.

(4) An extension of the rental period requires the Lessor's consent in text form. The mere continuation of use does not extend the contract; Section 545 BGB does not apply.

§ 5 Handover, transport and transfer of risk

(1) The place of performance for the handover is the Lessor's warehouse named in the offer. In the case of Dry Hire, the Customer collects the Rental Items there at the agreed time and returns them there.

(2) The Lessor only owes transport, delivery and collection if this has been expressly agreed. It may commission third parties for this purpose. Loading and unloading at the event venue is the responsibility of the Customer, unless agreed as part of a Full Service.

(3) The risk of loss, theft and damage passes to the Customer
1. in the case of collection, upon handover to the Customer or its agent in the warehouse;
2. in the case of delivery by the Lessor, upon unloading at the agreed location;
3. if the Customer is in default of collection or acceptance, upon provision.
The risk only passes back to the Lessor upon return in accordance with Section 11. In the case of Full Service, the Customer is released from the duty of custody (Obhutspflicht) only for the period during which the Lessor's personnel are present at the location of the Rental Items in accordance with the contract.

(4) The Customer confirms receipt of the Rental Items on the delivery note or packing list. The Lessor is only obliged to hand over the Rental Items against this confirmation of receipt.

§ 6 Inspection upon handover

(1) The Customer inspects the Rental Items for completeness and recognisable defects without undue delay upon handover. It notifies the Lessor of any deviations in text form without undue delay, but at the latest before the first use and within 24 hours of handover.

(2) If no notification is given, the Rental Items are deemed to have been handed over complete and free of defects, unless the defect was not recognisable upon proper inspection. If such a defect becomes apparent later, it must be notified in text form without undue delay after its discovery.

§ 7 Obligations of the lessee in the case of Dry Hire

(1) In the case of Dry Hire, the Customer bears sole responsibility for the set-up, operation, dismantling and use of the Rental Items, including all duties to maintain safety (Verkehrssicherungspflichten). The Lessor is not obliged to supervise the use or to instruct the Customer, unless separately agreed.

(2) The Customer is in particular obliged
1. to have the Rental Items set up, operated and dismantled only by competent and trained personnel;
2. to use the Rental Items only as intended and in accordance with the operating instructions and to comply with all relevant regulations, in particular accident prevention regulations (DGUV), VDE regulations and the Places of Assembly Ordinance (Versammlungsstättenverordnung);
3. to obtain any necessary permits in good time at its own expense and to provide evidence of them to the Lessor upon request;
4. to ensure an interference-free power supply that complies with standards; the Customer is liable for damage caused by voltage fluctuations, overvoltage or a faulty power supply;
5. to protect the Rental Items against weather, moisture, heat, dust and unauthorised access and, in particular outdoors, in tents or in freely accessible rooms, to guard them adequately or have them guarded;
6. not to make any alterations, attachments, installations or repairs without the Lessor's consent and not to remove any markings, inventory numbers or seals;
7. to use the Rental Items only at the agreed place of use and to inform the Lessor of their location without undue delay at any time upon request.

(3) Subletting or any other transfer to third parties is only permitted with the Lessor's prior consent in text form. The Customer must impose the same obligations on the third party and is liable for the third party's fault as for its own.

(4) The Customer notifies the Lessor without undue delay of any seizures, confiscations or other interventions by third parties in respect of the Rental Items and informs the third party of the Lessor's ownership. The Customer bears the costs of defence insofar as it is responsible for them.

(5) The Lessor may inspect or have the Rental Items inspected after prior notice. In the event of imminent danger, it may do so without notice and, insofar as absolutely necessary, take the Rental Items out of operation.

§ 8 Obligations of the lessee in the case of Full Service

(1) The Customer ensures that the Lessor's personnel have free access to the event venue at the agreed times, including loading zones, accessible loading routes for vehicles, lifts, ancillary rooms and technical rooms. It names a contact person on site who is authorised to make decisions and provides the necessary power connections, network connections and rigging points in accordance with the technical arrangements.

(2) Waiting times and additional effort caused by the Customer or its agents, for example through delayed access, changed schedules or missing preliminary work, are charged according to effort at the agreed or customary rates.

(3) If portable Rental Items such as wireless microphones, receivers, headsets or tablets are issued to participants or third parties, the Customer bears responsibility for their return. This also applies if the Lessor's personnel carry out the issuing on behalf of the Customer.

(4) After the event, the Customer ensures that the Lessor can dismantle and remove the Rental Items without hindrance.

(5) Section 7 (2) nos. 3 to 7, (3) and (4) apply accordingly.

§ 9 Services and digital services

(1) The type and scope of the services are set out in the offer and order confirmation. The Lessor only owes additional services if separately agreed and against separate remuneration. If the remuneration for additional services has not been agreed, the customary remuneration applies.

(2) The Lessor's personnel remain integrated into the Lessor's organisation and are subject solely to its right to issue instructions. There is no temporary agency work (Arbeitnehmerüberlassung). The Customer addresses its professional requests to the Lessor's person responsible for the project.

(3) The Lessor plans working hours in compliance with the German Working Hours Act (Arbeitszeitgesetz). If events exceed the agreed time frame, additional hours, surcharges and, where applicable, additional personnel, travel costs and accommodation costs are charged according to effort.

(4) Set-up, operation or support does not make the Lessor the organiser, the operator of the place of assembly or the person responsible for event technology within the meaning of the Places of Assembly Ordinance (Versammlungsstättenverordnung), unless this has been expressly agreed.

(5) The Lessor may change the manner in which the services are performed insofar as this is necessary for legal, technical or important operational reasons and does not impair the agreed quality. It informs the Customer in good time.

(6) The Customer supports the Lessor appropriately in the performance of the services, in particular by providing information, schedules, plans and content in good time. As long as the Customer fails to do so and the performance is thereby rendered impossible or substantially more difficult, the Lessor is released from its obligation to perform to that extent. The Customer bears any additional costs.

(7) In the case of Digital Services, the Lessor provides, for the agreed period, a configured access to platforms of its own choice or of third-party providers, as a rule in the form of a link. The Customer does not receive a licence or access data for the third-party provider's software. The Customer is responsible for the content it provides, for the rights to such content and for the invitation and data protection of its participants and indemnifies the Lessor against claims of third parties in this respect. The Lessor is liable for disruptions within the area of responsibility of third-party providers or on the internet outside its sphere of influence only in accordance with Section 15.

(8) Technical information and advice outside the agreed scope of services are provided free of charge as a courtesy. If the Lessor provides additional services free of charge, it is liable for them only in the event of intent and gross negligence; Section 15 (3) remains unaffected.

§ 10 Defects of the rental items and services

(1) In the case of defects notified in good time, the Lessor provides a remedy at its option by repair, exchange or provision of an equivalent replacement device. It may make a remedy on site conditional upon reimbursement of the transport costs, travel costs and labour costs if the defect was caused by the
Customer.

(2) The Customer may only demand a reduction or extraordinary termination if the remedy has failed, has been refused or is unreasonable for the Customer. In the case of services, the Lessor is entitled, after notification in text form, to remedy the defect within a reasonable period; thereafter, the Customer may reasonably reduce the remuneration attributable to this service.

(3) No rights on account of defects exist insofar as the Customer has caused the defect itself or has not notified it in accordance with Section 6.

(4) If several Rental Items are rented, the defect of a single item only entitles the Customer to terminate the entire contract if the items were rented as belonging together and the defect substantially impairs the function of the whole.

(5) The Lessor's no-fault liability for defects existing at the time of conclusion of the contract (Section 536a (1), first alternative, BGB) is excluded.

(6) The suitability of the Rental Items for the purpose intended by the Customer lies within the Customer's sphere of risk, unless the Lessor has expressly confirmed this purpose. For critical applications, we recommend also renting backup technology.

§ 11 Return

(1) At the end of the rental period, the Customer returns the Rental Items to the Lessor's warehouse complete, clean, sorted and in the original packaging or cases. Unless otherwise agreed, in the case of Dry Hire the return must take place by 12:00 noon on the working day following the last rental day, during business hours.

(2) The return is only completed once all Rental Items have been unloaded and recorded in the warehouse. Acceptance without complaint does not constitute approval of completeness and condition. The Lessor inspects the Rental Items without undue delay and notifies any shortages or damage found.

(3) If the Customer realises that it will exceed the rental period, it notifies the Lessor of this in text form without undue delay. For each commenced day of late return, the Customer pays compensation for use in the amount of the agreed daily rental price. Further claims for damages, for example on account of a lost subsequent rental, remain reserved. The Customer remains entitled to prove that a lower damage has been incurred.

(4) Additional effort for cleaning, sorting, drying or missing accessories is charged according to effort. Normal wear and tear resulting from use in accordance with the contract is not borne by the Customer.

§ 12 Liability of the lessee and insurance

(1) From the transfer of risk until return, the Customer is liable for loss, theft, destruction and damage of the Rental Items, insofar as these are not based on normal wear and tear or are not attributable to the Lessor.

(2) In the event of damage, the Customer reimburses the repair costs in a workshop of the Lessor's choice, provided that a repair is possible and economically reasonable. Otherwise, as well as in the event of loss or theft, it reimburses the replacement price of an equivalent device. In addition, for the duration of the repair or replacement, it pays the lost rental price, but for no more than 30 days. The Customer remains entitled to prove that a lower damage has been incurred.

(3) The Customer notifies the Lessor of damage, malfunctions, loss and theft without undue delay. In the event of theft, burglary and vandalism, it files a report with the police without undue delay and provides the Lessor with a copy.

(4) For the duration of its bearing of the risk, the Customer insures the Rental Items adequately against loss, theft, damage and liability risks and provides evidence of this upon request. If the Lessor takes out the insurance at the Customer's request, the Customer bears the costs.

(5) The Customer indemnifies the Lessor against claims of third parties arising from the use of the Rental Items by the Customer or its agents, insofar as the Lessor is not responsible for them. Where possible, it agrees with its contractual partners, such as artists, exhibitors and participants, on limitations of liability in favour of the Lessor that correspond to the provisions in Section 15.

§ 13 Remuneration and payment

(1) The prices stated in the offer and in the order confirmation apply, alternatively the Lessor's price list valid at the time of conclusion of the contract. All prices are net prices plus statutory value added tax.

(2) Invoices are due for payment without deduction within fourteen (14) days of the invoice date. The decisive factor is the credit to the account stated in the invoice. Invoices are generally sent electronically.

(3) The Lessor may, also in an ongoing business relationship, demand a down payment, advance payment or a security deposit, in particular in the case of new customers, orders with a high order value, Dry Hire and customers domiciled abroad. It declares this reservation at the latest with the order confirmation. Until receipt of payment, it may refuse to hand over the Rental Items.

(4) Upon expiry of the payment period, the Customer is in default without a reminder. Default interest at the statutory rate of nine percentage points above the base rate of interest as well as the lump sum pursuant to Section 288 (5) BGB apply. Further claims remain reserved.

(5) If, after conclusion of the contract, circumstances become known that substantially reduce the Customer's ability to pay, or if the Customer defaults on payments under this or another contract with the Lessor, the Lessor may perform outstanding Services only against advance payment or security.

(6) The Customer may only set off against undisputed claims or claims that have been established with final and binding effect. The Customer is only entitled to a right of retention on account of claims arising from the same contract.

§ 14 Cancellation by the customer

(1) If the Customer withdraws from the contract before the start of the Services or does not accept the Services for reasons for which the Lessor is not responsible, the Lessor may demand flat-rate compensation instead of the agreed remuneration. Based on the net order value, it amounts to:

Receipt of the cancellation before the start of the Services:
30 days or more: 30 % compensation
29 to 10 days: 50 % compensation
9 to 4 days: 80 % compensation
less than 4 days: 100 % compensation

(2) The start of the Services is, in the case of Dry Hire and Full Service, the agreed start of the rental, in the case of Technical Service, the agreed start of the assignment and, in the case of Digital Services, the start of the event. The day of the start of the Services is not included in the calculation of the period.

(3) The cancellation requires text form. The decisive factor is its receipt by the Lessor.

(4) The Customer remains entitled to prove that the Lessor has incurred no damage or substantially lower damage. The Lessor remains entitled to prove higher damage, in particular in the case of third-party services already commissioned, such as additional rentals, freelancers, travel and accommodation.

(5) If the Customer reduces the scope of the Services, paragraphs 1 to 4 apply accordingly to the part that is omitted.

§ 15 Liability of the lessor

(1) The Lessor is liable without limitation in the event of intent and gross negligence.

(2) In the event of simple negligence, the Lessor is only liable for the breach of a material contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for simple negligence is excluded.

(3) The limitations pursuant to paragraph 2 do not apply to damage resulting from injury to life, body or health, to fraudulently concealed defects, to guarantees assumed and to claims under the German Product Liability Act (Produkthaftungsgesetz).

(4) In the event of delayed provision or failure of a Rental Item, the Lessor is liable in the case of simple negligence primarily by providing a replacement; beyond that, paragraph 2 applies.

(5) The above limitations of liability also apply in favour of the Lessor's executive bodies, employees, vicarious agents and subcontractors, including other Member Companies of The Cue Group.

(6) Claims of the Customer for damages on account of defects become time-barred within twelve (12) months from the statutory commencement of the limitation period. This does not apply in the cases of paragraph 1 and paragraph 3.

§ 16 Force majeure

(1) The Lessor is not liable for impossibility or delay of performance insofar as this is based on force majeure or other events unforeseeable at the time of conclusion of the contract for which it is not responsible. These include in particular natural events, severe weather, pandemics, official measures and bans on events, strikes, lockouts, shortages of energy or raw materials, traffic disruptions as well as failure of or delay in delivery by suppliers.

(2) In the case of temporary obstacles, the dates are postponed by the duration of the obstruction plus a reasonable start-up period. If performance is permanently impossible or unreasonable for one party, both parties may withdraw from the contract. Services already rendered and third-party costs demonstrably incurred must be remunerated.

(3) If an event cannot take place for reasons within the Customer's sphere of risk, for example due to cancellation by artists, lack of participants or missing permits, Section 14 applies.

§ 17 Termination for good cause

(1) Both parties may terminate the contract for good cause without notice.

(2) Good cause for the Lessor exists in particular if
1. the Customer uses the Rental Items in breach of contract and continues to do so despite a warning notice, or substantially endangers them;
2. the Customer remains in default with a payment due or with the provision of security despite a reminder setting a deadline;
3. the Customer's financial circumstances deteriorate substantially, in particular in the event of enforcement measures or an application for the opening of insolvency proceedings
over its assets.

(3) After termination by the Lessor, the Customer returns the Rental Items without undue delay. Otherwise, the Lessor may collect them at the Customer's expense; the Customer grants access for this purpose. The Lessor's claim for damages remains unaffected.

§ 18 Data protection and references

(1) The Lessor processes personal data of the Customer and its contact persons for the performance of the contract in accordance with the applicable data protection regulations. Details are set out in the privacy policy at www.the-cue.group. For the purpose of processing the contract, for example in the case of subcontractor services, data may be passed on to other Member Companies.

(2) The Lessor may name the Customer and the event as a reference and use its own photographs and video recordings of its technology without identifiable persons for its own advertising, provided that the Customer does not object to this in text form.

§ 19 Final provisions

(1) Legally relevant declarations of the Customer, in particular the setting of deadlines, notifications of defects, cancellations, reduction and termination, require text form (Section 126b BGB).

(2) The Customer may only assign rights under the contract with the consent of the Lessor. The Lessor may assign its claims to third parties, in particular to factoring companies and financing partners.

(3) Should individual provisions of these GTC or of the contract be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

§ 20 Applicable law, place of performance and place of jurisdiction

(1) The law of the Federal Republic of Germany applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance for all obligations is the registered office of the respective Lessor, unless otherwise specified in these GTC or the order confirmation.

(3) If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or if it has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contract is the registered office of the respective Lessor as stated in the order confirmation. The Lessor is also entitled to sue the Customer at the Customer's general place of jurisdiction. Mandatory statutory places of jurisdiction remain unaffected.