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GENERAL TERMS AND CONDITIONS OF FASSBENDER TENTEN GMBH & CO. K

A. General Conditions of Sale Entrepreneurs

§ 1 General

  1. The following general terms and conditions of sale for entrepreneurs (AVB) are part of all offers, declarations of acceptance and other declarations by Faßbender Tenten GmbH & Co. KG - hereinafter seller - if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a public is a legal special fund
  2. These AVB apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer/customer only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement for consent also applies in any case, for example, if the buyer refers to his general terms and conditions in the context of the order and we do not expressly object to this
  3. Unless otherwise agreed, the GTC in the version valid at the time of the order, at least in the version last communicated to the buyer in text form, also apply as a framework agreement for similar future contracts without the seller having to refer to them again in each individual case.
  4. Legally relevant declarations and notifications by the buyer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing. Written within the meaning of these AVB are declarations in written and text form (e.g. letter, e-mail, fax). Statutory formal requirements and other evidence, especially in the case of doubts about the legitimacy of the declarant, remain unaffected.
  5. References to the validity of legal regulations only have clarifying meaning. Even without such a clarification, the statutory provisions apply unless they are directly modified or expressly excluded in these AVB.

§ 2 Content of contract

  1. Offers are non-binding. This also applies if the buyer is provided with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which the seller has ownership rights and copyrights reserved. Information provided by the seller on the subject of the delivery or service (e.g. weights, dimensions, utility values, resilience, tolerances and technical data) as well as representations of the same (e.g. drawings and illustrations) are only approximately relevant unless the usability for the contractually intended purpose requires an exact match . They are not guaranteed quality features, but descriptions or identification of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts are permissible, provided they do not impair the usability for the contractually intended purpose.
  2. The ordering of the goods by the buyer is considered a binding contract offer. Acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the buyer.

§ 3 Prices and terms of payment

  1. The prices quoted by the contractor do not include statutory sales tax, unless sales tax has been expressly stated. Prices apply ex warehouse plus costs for packaging, transport, freight, customs duties, fees, taxes and other public charges. If the statutory sales tax should change after the conclusion of the contract, the statutory sales tax valid at the time of the service shall apply.
  2. Due to the strongly fluctuating market prices in the building materials trade, the prices mentioned are guide prices. The seller reserves the right to adjust the prices to be paid by the buyer accordingly if, after conclusion of the contract and up to the time of delivery, there are changes in costs, in particular due to changes in the net purchase prices to be paid by the seller to manufacturers or other suppliers due to changes in material prices, wage agreements, increased raw material and energy prices or transport costs by more than 5%.
  3. In the event of a change in cost factors that lead to a reduction in the costs of the agreed service, the buyer is entitled to a price reduction in accordance with the provision in paragraph 2).
  4. If one of the parties demands a price adjustment, the other party has the right to withdraw if it cannot reasonably be expected to adhere to the changed contract.
  5. For goods and services that are delivered or provided later than 4 months after the conclusion of the contract, the seller has the right to increase or decrease prices if the costs have changed due to the reasons mentioned in paragraph 2), even without the prerequisites of the above paragraphs are available.

§ 4 Delivery, delivery times, returns

  1. Delivery is ex warehouse, which is also the place of performance for the delivery and any supplementary performance. At the request and expense of the buyer, the goods will be sent to another destination (sales by mail). Unless otherwise agreed, the seller is entitled to determine the type of shipment (in particular transport company, shipping route, packaging) himself.
  2. The risk of accidental loss and accidental deterioration of the goods passes to the buyer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes when the goods are delivered to the forwarding agent, the carrier or the otherwise to the person or institution responsible for carrying out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. For the rest, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The handover or acceptance is the same if the buyer is in default of acceptance.
  3. Delivery free construction site or free warehouse means delivery without unloading, provided there is an access road up to the curb that can be driven on by a heavy truck. If the delivery vehicle leaves the passable access road at the request of the buyer, which the seller does not have to comply with, the buyer is liable for any damage that occurs. The buyer must unload the goods promptly and properly. Waiting times are charged to the buyer. When goods are delivered and unloaded by crane, the seller charges fees according to the currently valid logistics service price list and forwarding conditions. These are announced on a notice board in the business premises and handed over to the buyer on request. If the buyer is in default of acceptance, fails to cooperate or if the delivery is delayed for other reasons for which the buyer is responsible, the seller is entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs). The seller is entitled to demand flat-rate compensation in accordance with the applicable logistics service price list and forwarding conditions. Proof of greater damage and statutory claims to which the seller is entitled (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the lump sum is to be offset against further monetary claims. The buyer is entitled to prove that the seller has suffered no damage at all or only a significantly lower damage than the above flat rate.
  4. Delivery periods must be designated as such and expressly agreed individually. All other data provided by the seller are non-binding.
  5. The seller is not liable for impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, lack of labour, energy or raw materials, difficulties in obtaining the necessary official permits, pandemics or epidemics, official measures or the lack of, incorrect or late delivery by suppliers despite a congruent hedging transaction concluded by the seller, for which the seller is not responsible If such events make the delivery or service significantly more difficult or impossible for the seller and the hindrance is not only of a temporary nature, the seller is entitled to withdraw from the contract Delivery or service dates around the period of the hindrance plus a reasonable start-up period. If the buyer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by means of an immediate written declaration to the seller.
  6. The seller grants the buyer a right of return for goods in stock. The right of return is excluded if the goods are not in a resalable condition, in particular if the packaging is damaged or if a best-before date has been exceeded. The right of return does not exist for goods that have been assembled for the customer. In the event of a return, the customer will receive a credit note for the value of the goods less any delivery or logistics costs incurred and still to be incurred. 

§ 5 Withdrawal / right of retention

  1. The seller is entitled to withdraw from the contract or to withdraw from the offer if the buyer gives false information about his creditworthiness.
  2. The seller can - without prejudice to his rights arising from the buyer's default - demand from the buyer an extension of delivery and service periods or a postponement of delivery and service dates by the period in which the buyer does not fulfill his contractual obligations towards the seller.

§ 6 Payment

  1. The purchase price is payable immediately upon receipt of the goods without deduction or according to an individual agreement.
  2. The seller is also entitled at any time within the framework of an ongoing business relationship to carry out a delivery in whole or in part only against advance payment. He declares a corresponding reservation at the latest with the order confirmation.
  3. In the event of payment difficulties on the part of the buyer, in particular in the event of insolvency, default in payment, check or bill of exchange protest, bad credit or blocking of credit insurance, the seller is also entitled to make all outstanding invoice amounts, including those that have been deferred, due immediately and to demand cash payment or security against the return of bills of exchange accepted as payment. In such cases, any agreed terms of payment and discounts do not apply. If the buyer does not comply with a request for security or payment within a deadline, the seller is entitled to withdraw from the contract. In the case of contracts for the manufacture of non-fungible items (custom-made products), the seller can withdraw immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected.
  4. If the seller grants the buyer a discount, the discount base is generally a maximum of 85% of the invoice amount. Invoices from rentals are not discountable.
  5. If the seller grants the buyer a discount period based on a contractual agreement, the buyer is in default when the agreed period expires. The purchase price is subject to interest at 12% during the delay. The seller reserves the right to assert further damage caused by delay. The entitlement to commercial default interest (Section 353 HGB) remains unaffected by merchants.
  6. The buyer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the counterclaims of the buyer, in particular according to the following Section 7 of these AVB, remain unaffected.

§ 7 Claims for defects by the buyer

  1. The statutory provisions shall apply to the buyer's rights in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly/installation or defective instructions), unless otherwise specified below. In all cases, the special statutory provisions on reimbursement of expenses in the event of final delivery of the newly manufactured goods to a consumer (supplier recourse in accordance with §§ 478, 445a, 445b or §§ 445c, 327 Paragraph 5, 327u BGB) remain unaffected, unless, e.g. within the framework a quality assurance agreement, equivalent compensation has been agreed.
  2. The basis of liability for defects is above all the agreement made on the condition and the anticipated use of the goods (including accessories and instructions). All product descriptions and manufacturer information that are the subject of the individual contract or that were made public by the seller at the time the contract was concluded are deemed to be quality agreements in this sense. Public statements by the manufacturer or on its behalf, in particular in advertising or on the label of the goods, take precedence over statements by other third parties.
  3. In the case of goods with digital elements or other digital content, the seller only owes provision and, if necessary, an update of the digital content if this expressly results from a quality agreement in accordance with paragraph 2. The seller assumes no liability for public statements by the manufacturer and other third parties.
  4. In principle, the seller is not liable for defects that the buyer is aware of at the time the contract is concluded or is unaware of due to gross negligence. Furthermore, the buyer's claims for defects presuppose that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). In the case of building materials and other goods intended for installation or other further processing, an inspection must be carried out immediately before processing. If a defect becomes apparent upon delivery, inspection or at any later point in time, the seller must be notified of this in writing without delay. In any case, obvious defects must be reported in writing within 2 working days of delivery and defects that cannot be identified during the inspection must be reported in writing within the same period of time after discovery. If the buyer fails to carry out the proper inspection and/or notification of defects, the liability of the seller for the defect that is not reported or not reported in a timely manner or not properly is excluded in accordance with the statutory provisions. In the case of goods intended for installation, attachment or installation, this also applies if the defect only became apparent after the corresponding processing as a result of the breach of one of these obligations; in this case, the buyer has no claims for reimbursement of corresponding costs (“removal and installation costs”). The obligation to examine and give notice of defects also applies in particular to deliveries made directly by the manufacturer or other suppliers (drop shipment).
  5. If the delivered item is defective, the seller can initially choose whether to provide supplementary performance by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
  6. The seller is entitled to make the supplementary performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to retain a part of the purchase price that is reasonable in relation to the defect.
  7. The buyer must give the seller the necessary time and opportunity for the supplementary performance owed, in particular to hand over the goods complained about for inspection purposes. In the case of a replacement delivery, the buyer must return the defective item at the seller's request in accordance with the statutory provisions; However, the buyer does not have a right of return.
  8. The seller shall bear the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs as well as any dismantling and installation costs in accordance with the statutory provisions if there is actually a defect. Otherwise, he can demand reimbursement from the buyer for the costs incurred from the unjustified request for rectification of defects if the buyer knew or negligently did not know that there was actually no defect.
  9. Claims of the buyer for damages or reimbursement of wasted expenses only exist in the case of defects in accordance with the following § 8 and are otherwise excluded.

§ 8 Liability

  1. Unless otherwise stated in these AVB including the following provisions, the seller is liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
  2. The seller is liable for damages - for whatever legal reason - within the framework of fault-based liability in the event of intent and gross negligence. In the event of simple negligence, he is only liable, subject to statutory limitations of liability
    a) for damage resulting from injury to life, limb or health,
    b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the liability of the seller is limited to compensation for the foreseeable, typically occurring damage.
  3. The limitations of liability resulting from paragraph 2 also apply to third parties and to breaches of duty by persons (also in their favor) for whose fault the seller is responsible according to statutory provisions. They do not apply if a defect has been fraudulently concealed or if a guarantee has been given for the quality of the goods and for any claims by the buyer under the Product Liability Act.
  4. Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate if the seller is responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 650, 648 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.
  5. The above exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of the contractor.
  6. Insofar as the seller provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by him, this is done free of charge and to the exclusion of any liability.

§ 9 Retention of title

  1. The delivered goods remain the property of the seller as reserved goods until the purchase price has been paid and all claims arising from the business relationship and the claims arising in connection with the object of purchase have been settled. The inclusion of individual claims in a current account or the drawing of the balance and their recognition do not cancel the retention of title. If, in connection with the payment of the purchase price by the buyer, the buyer is liable under a bill of exchange, the retention of title does not expire before the bill of exchange is honored by the buyer as drawee.
  2. In the event of breach of contract by the buyer, in particular default in payment, the seller is entitled to take back the goods subject to retention of title after withdrawal and the buyer is obliged to surrender them. The seizure of the purchased item constitutes a withdrawal from the contract.
  3. If the goods subject to retention of title are processed by the seller into a new movable item, the processing is carried out for the seller without the seller being obliged to do so. The new item becomes the property of the seller. If the goods are processed together with goods that do not belong to the seller, the seller acquires co-ownership of the new item according to the ratio of the value of the reserved goods to the other goods at the time of processing. If goods subject to retention of title are combined, mixed or blended with goods that do not belong to the seller in accordance with §§ 947, 948 of the German Civil Code, the seller becomes co-owner in accordance with the statutory provisions. If the buyer acquires sole ownership through connection, mixing or blending, he already transfers co-ownership to the seller in the ratio of the value of the reserved goods to the other goods at the time of connection, mixing or blending. In these cases, the buyer must keep the item owned or co-owned by the seller, which is also considered to be reserved goods within the meaning of the following provision, free of charge.
  4. If reserved goods are sold by the buyer, alone or together with goods not belonging to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights, and the seller accepts the assignment. The value of the goods subject to retention of title is the seller's invoice amount plus a security surcharge of 10%, which is not included if third-party rights conflict with it. If the resold reserved goods are co-owned by the seller, the assignment of the claims extends to the amount that corresponds to the seller's share of the co-ownership. Paragraph 1 sentence 2 applies accordingly to the extended retention of title. The assignment in advance pursuant to paragraph 4 sentences 1 and 3 also extends to the balance claim.
  5. If reserved goods are built into the property of a third party by the buyer as an essential component, the buyer hereby assigns the claims for remuneration arising against the third party or the person concerned in the amount of the value of the reserved goods with all ancillary rights, including such a grant a security mortgage. The seller accepts the assignment. Paragraph 4 sentences 2 and 3 apply accordingly.
  6. If the reserved goods are installed by the buyer as an essential part of the buyer's property, the buyer hereby assigns the claims from the commercial sale of the property or property rights corresponding to the value of the reserved goods with all ancillary rights. The seller accepts the assignment. Paragraph 4 sentences 2 and 3 apply accordingly.
  7. The buyer is only entitled and authorized to resell, use or install the reserved goods in the usual, proper course of business and only with the proviso that the claim within the meaning of paragraphs 4 to 6 is actually transferred to the seller. The buyer is not entitled to other disposals of the goods subject to retention of title, in particular pledging or assignment by way of security.
  8. The seller authorizes the buyer, subject to revocation, to collect the claims assigned in accordance with paragraphs 4 to 6. The seller will not make use of his own authority to collect as long as the buyer meets his payment obligations, including towards third parties. At the request of the seller, the buyer must name the debtors of the assigned claims and notify them of the assignment. The seller is authorized to notify the debtors of the assignment themselves.
  9. The buyer must inform the seller immediately of any enforcement measures by third parties in relation to the goods subject to retention of title or the assigned claims, handing over the documents required for the objection.
  10. With suspension of payments, application for or opening of insolvency proceedings or implementation of an out-of-court settlement procedure with the creditors regarding debt settlement, the right to resell, use or install the reserved goods and the authorization to collect the assigned claims expire. This applies accordingly to a check or bill of exchange protest.
  11. If the value of the securities granted exceeds the claim by more than 20% according to the calculation of the value of the goods subject to retention of title in paragraph 4, the seller is obliged to retransfer or release the goods at his discretion. With the settlement of all claims of the seller from the business relationship, ownership of the reserved goods and the assigned claims pass to the buyer.

§ 10 Applicable Law and Place of Jurisdiction

  1. The law of the Federal Republic of Germany applies to the legal relationship between the seller and the buyer/customer. to the exclusion of uniform international law, in particular the UN Sales Convention.
  2. If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the seller's place of business in Bonn. The same applies if the buyer is an entrepreneur within the meaning of § 14 BGB. In all cases, however, the seller is also entitled to bring an action at the place of performance of the delivery obligation in accordance with these AVB or a prior individual agreement or at the general place of jurisdiction of the buyer. Overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.

B. General Terms and Conditions of Delivery Consumers

§ 1 Scope

  1. The following General Terms and Conditions of Delivery for Consumers (ALB) are part of all offers, declarations of acceptance and other declarations by Faßbender Tenten GmbH & Co. KG - hereinafter referred to as the seller - if the buyer/customer is a consumer (§ 13 BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
  2. Written within the meaning of these GTC are declarations in written and text form (e.g. letter, e-mail, fax). Statutory formal requirements and other evidence, especially in the case of doubts about the legitimacy of the declarant, remain unaffected.

§ 2 prices; payment

  1. The seller's prices include packaging costs and statutory sales tax; However, delivery and shipping costs are only included if a separate agreement has been made with the customer.
  2. Unless otherwise agreed in writing, the purchase price owed must be paid without deduction within 30 days after the customer has received the invoice and the goods have been delivered .
  3. If the customer is in arrears with the payment, the seller is entitled to demand interest of 5 percentage points above the respective base interest rate pa from this point in time. In this respect, the seller reserves the right to prove greater damage.
  4. If the seller grants the customer a discount, the basis for the discount is a maximum of 85% of the invoice amount. Invoices from rentals are not discountable.

Section 3 Offsetting; right of retention

The customer is only entitled to offset against our claims if your claims have been legally established, we have recognized them or if your claims are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 4 Delivery and service time

  1. Delivery dates or delivery periods are exclusively non-binding information, unless they have been expressly agreed as binding between the seller and the customer.
  2. Four weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, the customer can request in writing that delivery be made within a reasonable period of time. If the seller culpably fails to comply with a delivery date that has been expressly agreed as binding or a delivery period that has been expressly agreed as binding, or if he is in default for another reason, the customer must set the seller a reasonable grace period to effect the service. If the seller allows this period of grace to elapse without result, the customer is entitled to withdraw from the purchase contract.
  3. Subject to the restrictions according to the following § 5, the seller is otherwise liable to the customer according to the statutory provisions if the contract is a fixed transaction or the customer is entitled to withdraw due to a delay in delivery for which the seller is responsible to appeal the cessation of his interest in the fulfillment of the contract.
  4. The seller is entitled to make partial deliveries and partial services at any time, provided this is reasonable for the customer.

§ 5 Rights in case of delay and defects; Liability

  1. If the delivered goods do not
    a) meets subjective requirements, i.e. does not have the quality agreed between the customer and the seller or is not suitable for the use stipulated in our contract or is not handed over with the agreed accessories and the agreed instructions, such as assembly and installation instructions,
    b) meets objective requirements, i.e. is not suitable for normal use, or does not have a quality that is usual for things of the same kind or that the buyer can expect, taking into account the nature of the thing and/or the public statements made by the seller or another link in the contract chain or on their behalf, in particular in the advertising or on the label, or does not correspond to the quality of a sample or model that the seller made available to the customer before the conclusion of the contract, or is not delivered with the accessories, including packaging, assembly or installation instructions and other instructions that the buyer can expect to receive, or
    c) meets assembly requirements (if assembly is to be carried out), the seller is obliged to subsequent performance.
  2. Illustrations or drawings contained in the seller's brochures, advertisements and other offer documents are only approximately authoritative, unless the seller has expressly designated the information contained therein as binding; in this respect, deviations in the delivered goods do not represent a defect in the objective requirements of the goods within the meaning of the preceding paragraph. The same applies if the seller and the customer have expressly and separately agreed on a deviation from the objective requirements for the goods.
  3. The seller is not obliged to provide subsequent performance if he is entitled to refuse subsequent performance based on statutory regulations.
  4. Subsequent performance is at the customer's discretion either by eliminating the defect (rectification) or by delivering new goods (subsequent delivery). The customer must make the goods available to the seller for the purpose of supplementary performance. Furthermore, he must grant a reasonable deadline for supplementary performance. During the supplementary performance he is not entitled to reduce the purchase price or to withdraw from the contract. If the seller has tried the repair twice in vain, this is considered to have failed. If the supplementary performance has failed, the customer is entitled to choose between reducing the purchase price or withdrawing from the contract.
  5. The customer can only assert claims for damages due to a defect if subsequent performance has failed. His right to assert further claims for damages in accordance with the following paragraphs remains unaffected.
  6. The seller is liable in accordance with the statutory provisions for damage to life, limb and health that is based on a culpable breach of duty by him, his legal representatives or his vicarious agents. Furthermore, the seller is liable according to the statutory provisions for other damages based on intentional or grossly negligent breaches of contract as well as fraudulent intent on the part of the seller, his legal representatives or his vicarious agents. As far as the area of application of the Product Liability Act is open, the seller is fully liable according to its regulations. If damage occurs which is based on the fact that the quality or durability guaranteed by the seller is missing and this damage does not occur directly on the goods delivered by the seller, he is only liable for this if the risk of such damage is evident from the quality - and durability guarantee is included.
  7. If damage due to delay or a defect is based on the simply negligent breach of an essential contractual obligation, i.e. the simply negligent breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the buyer can regularly rely (e.g. the timely delivery of the goods), the liability of the seller is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. The same applies if the buyer is entitled to claims for damages instead of performance.
  8. There are no further liability claims against the seller, regardless of the legal nature of the claims raised against the seller. Our liability according to paragraph 6 above remains unaffected by this.

§ 6 Retention of title

The delivered goods (reserved goods) remain the property of the seller until all claims arising from this contract have been paid in full.

§ 7 Final Provision, Applicable Law

The law of the Federal Republic of Germany applies to the contract to be concluded. The application of the UN sales law is excluded.

C. Partner Rental Terms and Conditions

§ 1 General Obligations

  1. The following general terms and conditions apply to rentals by Faßbender Tenten GmbH & Co. KG, Alfterer Str. 39, 53347 Alfter (landlord). The lessor (hereinafter also “we/our” or “Faßbender Tenten”) undertakes to let the lessee have the rental item listed in the rental agreement for the duration of the specified rental period.
  2. The lessee undertakes to identify himself when taking over the rental object by means of an official document (identity card / passport with official proof of registration), to pay the rent agreed in the contract and the ancillary costs listed as agreed, to inform the lessor about the planned place of use of the rental device upon request, to treat the rental object properly and in accordance with the contract and to return it clean, complete and ready for use at the end of the rental relationship.
  3. When renting vehicles and trailers / work machines with road approval, our general terms and conditions - rental conditions for vehicle rentals - also apply. In the event of an objection, these take precedence.
  4. Conflicting or deviating terms and conditions of the tenant only apply insofar as Faßbender Tenten have expressly agreed to them in text form.

§ 2 Beginning and end of the rental period, extension of the rental period, rental prices

  1. The rental period is the contractually agreed rental period. The rental period begins when the rental item is handed over to the lessee and ends when it is completely returned to the lessor. There will be no refunds/reduction of the rental price in the case of late pick-up or early return. If the rented item is not returned in a proper and contractual condition with all the parts provided that are necessary for its commissioning, the renter is liable for all damage resulting from the withholding, in particular for the damage caused by the rented item not being rented to someone else can.
  2. An extension of the rental contract is only possible with the express consent of the landlord. If the lessee continues to use the rental property after the rental period has expired, the rental relationship is not considered to be extended. § 545 BGB does not apply. After the agreed rental period has expired, the lessor is entitled to the statutory claims for compensation for use for the duration of the withholding. The daily rental price in the current price list at the time always applies to compensation for use. If the agreed hourly (4 hours) or daily rates (24 hours) are exceeded, we grant a grace period of 15 minutes for hourly rates and 30 minutes for daily, weekend and weekly rates. If the vehicle is returned after this grace period has expired, a (further) day will be charged or, in the case of hourly rental, the daily rate will be changed
  3. After the grace period has been exceeded, compensation in the amount of the agreed daily rate plus the agreed additional services must be paid for each day until the rental device has been returned in full. Discounts offered in the price list for longer rental periods do not apply.
  4. If a tenant's request for an extension of the rental period is granted, a cash-paying customer is obliged to pay the newly calculated deposit (see § 16) at a branch of the landlord before the end of the original rental period. If the lessee does not pay the additional deposit that may have to be paid in good time, the lessor is entitled to terminate the contract without notice.

§ 3 Handover of the rental object

  1. At the beginning of the rental period or within the agreed delivery period, the lessor must hand over the rental item to the lessee or a person commissioned by him. If a reserved device is not available at the time of takeover, the Lessor has the right to provide the Lessee with an equivalent rental device that is suitable for the planned application. The handover takes place in a branch of the landlord. The loading as well as the transport, a delivery / pick-up of the rental device to an address specified by the customer can be agreed at the expense of the lessee and carried out by the lessor. The risk (performance risk) of damage, loss or destruction during transport is transferred to the lessee.
  2. When accepting the rented item, the renter or a person commissioned by him to accept the rented item must examine the rented item for defects or damage that can be identified by applying the usual care. Any defects or damage found must be recorded in a handover/acceptance report or a delivery note prior to acceptance. A subsequent complaint or rent reduction due to a defect that does not significantly affect the suitability of the rented item for the contractually stipulated purpose is excluded.
  3. Withdrawal or termination is excluded in the event that the lessee cannot use the rental device for the work intended by him, but not expressly agreed or for the rental device that is generally usual.

§ 4 Defects in the rented item / other liability

  1.  If the lessee accepts the rental item with knowledge of a defect or damage, he can only derive rights from this if the defect or damage is recorded in the handover/acceptance protocol or in the delivery note. The lessee can demand the correction of such defects that not only insignificantly affect the safety and/or functionality of the rental object. The landlord bears the costs for this. In the event of defects occurring during the rental period, the lessee is obliged to inform the lessor in writing immediately after they have been discovered. Due to defects that occurred during the rental period, but which are only reported upon return, a reduction in rent is excluded. The lessor is entitled to provide the lessee with an equivalent replacement device. If no replacement device is made available, the rental period is extended by the necessary repair time, for which no rental fee is payable.
  2. A defect in the rental property does not entitle you to immediate termination or withdrawal from the contract. A right of termination / withdrawal only exists if the landlord does not provide a replacement device and two repair attempts have failed.
  3. The lessor's liability for damages, regardless of the legal reason, in particular due to impossibility, delay, defects, breach of contract, breach of obligations upon conclusion of the contract and tort, is limited in accordance with this § 4, insofar as fault is involved. Limitations of liability do not apply to the lessor's liability for intentional or grossly negligent behavior, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act. In these cases, limitations of liability do not apply even if they result from other agreements between the parties.
  4. Liability for damages that are unforeseeable in terms of type and amount is excluded for cases of slight negligence, even if essential contractual obligations are breached. The obligation to provide and maintain a leased item suitable for the contractual use (hereinafter: "cardinal obligations") is essential to the contract. Liability for foreseeable damage in terms of type and amount is excluded in cases of slight negligence, unless the damage results from the breach of cardinal obligations.
  5. Insofar as the landlord provides technical information or acts in an advisory capacity and this information or advice is not part of the contractual use owed by him, this is done free of charge and to the exclusion of any liability.
  6. If defects occur during the rental period, the lessor has the right to provide the lessee with a rental device of equal value that is suitable for the planned application or to repair the rented device within a reasonable period of time. In this case, as well as in the event that a rental device cannot be provided in good time due to a defect, the renter is entitled to the period between notification of the defect and the provision of a device, even if this is due to slight negligence on the part of the lessor replacement device or the repair, no claims for damages for reimbursement of a loss of profit, for damages due to any third-party claims for compensation asserted against the tenant or for reimbursement of other indirect damages, unless a quality feature guaranteed by the landlord is intended to protect the tenant against such damage .
  7. No-fault guarantee liability of the lessor according to § 536a paragraph 1 BGB for material defects existing at the time of the conclusion of the rental contract is excluded.
  8. Insofar as the lessor's liability is excluded or limited, this also applies to his employees, representatives and other vicarious agents with the restrictions in accordance with paragraphs 3 to 8.

§ 5 Duration of use

If the rental device is equipped with an hour meter, the calculation of the rental is based on a daily operating time of up to 8 hours, for weekend rentals of up to 14 hours and for rentals of at least one week up to 40 hours/week. The rent is also to be paid in full if the aforementioned times are not used or not fully used. The use of a device with an hour meter beyond the scope specified in paragraph 1 will be charged to the tenant additionally in accordance with § 6.

§ 6 Additional hours and payment of the rent

  1. If the daily use of the rental device exceeds the operating hours according to § 6, 1/8 of the daily rent will be charged additionally for each additional hour started.
  2. The rent is to be paid in cash or by electronic means of payment at the end of the rental period, at the latest when the rental object is returned. Deposits deposited can be used to offset the rent including additional costs for accessories, wear and tear, refuelling, cleaning and damage.
  3. If the lessee is more than 10 calendar days in arrears with the payment of a rent or if a SEPA direct debit issued by the lessee cannot be redeemed, the lessor is entitled to terminate without notice and to take back the rental object at the expense of the lessee who has access to the device has to make it possible to collect and otherwise dispose of it. The claims to which the landlord is entitled from the contract remain in force. When renting for a period longer than 4 weeks (long-term rental), the rent for 4 weeks must be paid in advance. In addition, “long-term rentals” are billed on the 15th and 30th of each month.

§ 7 Set-off and right of retention 

A right of retention or a right of set-off of the lessee only exists in the case of undisputed or legally established counterclaims by the lessee.

§ 8 Obligations of the tenant, right of inspection

  1. The tenant is obliged
    a) before commissioning the rented item, to ensure that he and all persons who operate the rented item are sufficiently qualified and follow the safety instructions carefully, ie handle the rented item properly and contact the lessor immediately in the event of any queries;
    b) to protect the rented item from overuse in every way
    c) to carry out appropriate and professional maintenance measures (lubricating, complying with fuel/lubricant levels) and to take care of the care of the rental object at your own expense, in particular operating materials (water, oils, greases, fuel, etc.) only in perfect condition or as in the operating instructions or expressly prescribed by the lessor;
    d) to have repairs and maintenance work carried out only after prior written approval by the lessor
    e) to inform the lessor of the current location of use of the rental device upon request
    f) to inform the lessor immediately of any damage or malfunctions that may have occurred. If necessary, to put the rented item out of operation immediately and to wait for instructions from the lessor;
    g) to fulfill his duty of care and to protect the rental object against theft, damage and weather influences;
    h) to ensure that the rented item is only operated by trained and instructed persons who are physically and mentally able to do so. If special licenses, permits, driver's licenses or permits are required for the operation of the rental object, the lessee must ensure that these are available and valid.
    i) immediately report the loss of or damage to the rented property to the responsible police authority and the landlord.
  2. In the event of a violation of the obligations mentioned here, the limitation of liability according to §14 can be waived in the event of machine breakage or theft.
  3. An inspection of the rented property by the landlord is possible at any time. The renter agrees to a detailed examination / inspection of the rental device during the rental period after prior appointment.

§ 9 Transfer of use to third parties / subletting and special obligations

The lessee is not entitled to transfer use to third parties, in particular he is not entitled to sublet the rental object or to grant third parties rights to the rental object or to assign rights from the rental agreement. If a third party asserts rights to the rental object through confiscation, seizure or similar, the lessee is obliged to inform the lessor of this immediately in text form. The tenant must inform the third party of the property of the landlord.

§ 10 Return of the Rental Item

  1. The renter must return the rented item ready for operation, cleaned and with all accessories to the agreed branch - if no agreement has been made, to the branch where he received the rented item - of the lessor or - if agreed - make it available for collection. The lessee must report any damage upon return without being asked. If collection by the lessor has been agreed, the lessee must provide the rental item in the same condition in good time so that collection is possible within the lessor's business hours. Drivers of the lessor or commissioned forwarding agents are not entitled to any return inspection. The inspection and control of the rental device takes place after arrival at the branch by the rental company's employees. The tenant's duty of care remains in place until collection, even if this is outside the agreed rental period.
  2. If the rented item is returned in a condition that shows that the renter has not fulfilled his obligations according to paragraph 1 or § 8, the renter is obliged to compensate the landlord for the damage caused by the loss of rent for the period of repair or replacement of the accessories required for the rental , to replace.

§ 11 Transport costs / costs in the event of a repair

  1.  For the delivery and return of rental equipment by the lessor, the lessee will be charged transport costs in accordance with the applicable price list in the amount of the freight rates for delivery and return of large equipment from the lessor's branches. The lessee must ensure that an authorized person is present at the time of delivery or collection. At the request of the lessee, large equipment can also be collected without the customer being present. In this case, the renter bears the burden of proof for the proper condition upon takeover. In the event that the rental item cannot be unloaded or the rental item is not ready to be picked up from the curb when it is picked up, up to €200 plus VAT will be charged, depending on the cost of the empty trip.
  2. In the event of damage to the rental item by the lessee or in the event of a malfunction caused by the lessee and subsequent repairs or renewed instruction by the lessor being necessary, the lessor is entitled to any travel costs incurred at €0.90 plus VAT per kilometer and his Expenditure to be invoiced additionally at an hourly rate of €69.40 plus VAT. Travel time counts as working time. The starting point for workshop assignments is always the rental company's branch in Rheinbach

§ 12 Loss of Rental Items

  1.  The lessee bears the risk of losing the rental object from the time the rental object is handed over until it is returned to a branch of the lessor. If it is not possible for the renter to return the rented item, he is obliged to pay compensation. The amount that is required to replace an equivalent device at the agreed return location and at the time of the compensation payment is to be paid as compensation, plus the incidental procurement costs.
  2. In addition, the tenant must compensate the landlord for the loss of rent for the duration of the replacement purchase in the amount of 50% of the regular daily rental rate, unless he can prove to the landlord that the damage was less. If theft protection is taken out in accordance with Section 14, the compensation to be paid is limited to the deductible of the respective rental device, provided there is no intentional or grossly negligent behavior. Grossly negligent behavior also occurs if the renter does not report the theft to the police immediately and does not inform the landlord in writing within 24 hours of the event, but no later than on the next working day, about the damage or loss. In the event of a missed police report and the failure to submit the corresponding report in good time, the concluded liability limitation in the event of theft does not apply. The term of the rental agreement ends on the date of the police report.

§ 13 Termination

The rental agreement concluded for a specific rental period cannot be terminated by either party. Termination without notice for important reasons remains unaffected. An important reason exists in particular if:

  1. after the conclusion of the contract, the lessor becomes aware of facts that reduce the lessee's creditworthiness from a banking point of view;
  2. the lessee does not use the rental object or part of it as intended without the consent of the lessor or takes it to a location other than that specified in the contract or leaves it to third parties
  3. an investigation according to Section 8 (3) establishes that the rented item is at considerable risk due to the lessee neglecting his/her obligations under Section 8 (1) if the lessee has not complied with a previous request from the lessor to remedy the situation within a reasonable period of time.
  4. the rental item is not handed over to the lessee in good time and the lessor cannot provide a replacement of equal value.

If the lessor makes use of the right of termination to which he is entitled, Section 6 (2) shall apply accordingly

§ 14 Machine breakage flat rate/theft protection/limitation of liability

  1. Machine breakage flat rate (MBP)
    A lump sum against machine breakage is charged for the rental items, for which the liability of the lessee in the event of damage is limited to the deductibles specified below. Liability is limited for all damage, with the exception of theft and damage resulting from improper use of the rented item. In particular, damage resulting from the tenant's failure to comply with the obligations specified in § 8, as well as damage resulting from tipping over or falling, insufficient or incorrect supply of operating materials, overloading due to excessive speed or excessive weight, and operation under the influence of alcohol and/or drugs are not covered by the limitation of liability. Furthermore, damage caused by transporting the rental equipment yourself is not covered by the limitation of liability. The maximum deductible (SB) per case of damage results from the category classification of the respective rental item and is listed for each rental item in the rental agreement and printed in the valid rental price list. The rental objects are divided into the following categories/excesses: Category SB
    €100
    B €200
    €500
    D 1000 €
    €1750
    F 2500 €
    G €3500
    H 5000 €The flat rate to be paid by the tenant for the limitation of liability is 10% of the rental price. Wearing parts such as diamond drill bits, diamond cutting discs, grinding rollers, saw blades, chisels, drill bits, tyres, excavator chains etc. are not covered by the limitation of liability. Auxiliary and operating materials, consumables, work equipment and broken glass are also not covered.
  2. Theft Protection (DSS)
    Liability for damage caused by theft can optionally be reduced. In the event of damage, the renter is obliged to pay a deductible (SB). This results from the category classification of the respective rental object.Category/SB
    €100
    B €200
    €500
    D 1000 €
    €1750
    F 3750 €
    G €7500
    H 15000 €Theft within the meaning of this paragraph is limited to burglary and theft of a secured rental device. Any rental equipment must be stored in a locked area of the renter or in a locked area on the premises where the rental item was moved (construction site) when it is not in use. Small machines and machines with transport wheels must not be left unattended unless they are in a locked room accessible only to persons known to the lessee. Also not insured is theft from parked, locked or unlocked vehicles in public traffic where the device is visible from the outside, as well as generally in the period from 8:00 p.m. to 6:00 a.m.
    The flat rate for the limitation of liability / theft protection is 10% of the rental price.
  3. Reductions in liability according to paragraph 1 and paragraph 2 do not apply in favor of the tenant if he is guilty of intent or gross negligence.
  4. The limitations of liability for the deductible also do not apply if the renter can claim compensation from an insurance policy taken out - regardless of whether it was taken out by him or a third party. Any other insurance takes precedence over the reduction of liability in accordance with paragraphs 1 and 2.

§ 15 Deposit

  1.  At the beginning of the rental period and each time the rental agreement is extended, the tenant must pay a deposit in addition to the rental price. The amount of the deposit will be communicated to the tenant at the time of reservation or rental contract creation or extension. This is determined by the rental period and the value of the rental equipment. Settlement amounts and other costs associated with the rental, such as damage, refueling, etc. can be offset against this deposit. Instead of a cash deposit, a deposit can also be paid from the credit line that has been granted to the lessee via a customer account set up for him by the lessor.
  2. The security deposit will be refunded or the blocking will be lifted after a reasonable examination period has expired and provided that it is clear that there are no claims for which the rental security deposit is liable.
  3. The Lessor is neither obliged to pay interest on the security deposit nor to keep it separate from its assets. The landlady can also assert its claim to the provision of security during the tenancy. In this case, the security deposit becomes due upon receipt of the request for payment.

§ 16 Reservations

Reservations are non-binding. A right to transfer of the rental object only exists with the conclusion of a written rental agreement. If a reserved device is not picked up within 60 minutes from the time of reservation, the landlord has the option to no longer keep the rental object and to rent it out to someone else. Reserved rental items for which a picking (e.g. aluminum mobile scaffold) or a delivery including the corresponding route planning takes place in advance must be canceled in writing at least 24 hours before the start of the rental period. In the case of cancellations with a rental start date within 24 hours, an expense allowance of up to €50 plus VAT will be charged in these cases.

§ 17 Other Provisions

Deviating agreements and/or additions to the rental agreement must be in writing. Should individual provisions be or become legally ineffective or should there be a gap in the contract, this shall not affect the validity of the remaining content of the contract. Invalid provisions are deemed to be replaced by such provisions, gaps filled in as best corresponds to the purpose expressed in the contract.

§ 18 Data protection

The tenant agrees that his personal data, insofar as they are required for business transactions, in accordance with the applicable data protection principles, by FASSBENDER TENTEN and the other companies in the FASSBENDER-TENTEN Group (can be viewed at www.fassbender-tenten.de/ueber-uns/ data protection declaration/) are stored and transmitted. For security reasons, parts of our rental fleet are equipped with GPS transmitters, which enable a limited group of people to locate and track the rental equipment as required.

§ 19 Place of Jurisdiction / Choice of Law

In all disputes arising from the contractual relationship, if the lessee is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Bonn. Notwithstanding this, the lessor is entitled to sue at the lessee's general place of jurisdiction. German law applies exclusively to the contract.

D. Terms and Conditions - Terms and Conditions for Vehicle Rentals

§ 1 Definition

The designations FASSBENDER TENTEN / RENTAL PARTNERS / RENTAL identify the landlord according to the first page of the rental agreement. The rental contract contains a summary of the rental data and conditions as well as the rental fees. With your signature you confirm the accuracy of the information and your agreement with our rental conditions.

These rental terms and conditions for vehicle rentals supplement the general terms and conditions for rentals via rental partners

§ 2 Rental Fees

  1. The rental fees consist of an hourly or daily rate and other optional services.
  2. Each tariff includes limited free kilometers. Mileage beyond this will be settled upon return by a vehicle group-dependent additional kilometer flat rate, which is stated on the rental agreement. Neither the free kilometers nor the additional kilometer allowance include costs for fuel (diesel). We can refuel for a service fee of €2.30 per liter.
  3. Drop-off at a location other than the rental location will incur one-way fees, which will be contracted at the time of rental.

§ 3 Acceptance of the vehicle / rental deposit

  1.  The vehicle is handed over to the lessee with a full fuel tank and, insofar as vehicles are equipped with an AdBlue® tank (AdBlue is a licensed cleaning fluid for exhaust aftertreatment in diesel vehicles), with an AdBlue® tank sufficiently filled for the free kilometers.
  2. The lessee / driver is obliged to check the condition of the vehicle upon takeover for the tank condition, the mileage and the damage recognizable with the application of usual care. Any damage must be noted in the vehicle condition report by the lessor and the condition report must be signed by the lessee and lessor. Damage reported after departure can no longer be taken into account than was the case when the vehicle was picked up.
  3. At the beginning of the rental period and each time the rental agreement is extended, the tenant must pay a deposit in addition to the rental price. Settlement amounts and other costs incurred in connection with the rental, such as damage, refuelling, additional kilometers etc. can be offset against this deposit. Instead of a cash deposit, a deposit can also be paid from the credit line that has been granted to the lessee via a customer account set up for him by the lessor. The security deposit will be refunded or the blocking will be lifted after a reasonable examination period has expired and provided that it is clear that there are no claims for which the rental security deposit is liable.
  4. The Lessor is neither obliged to pay interest on the security deposit nor to keep it separate from its assets. The landlady can also assert its claim to the provision of security during the tenancy. In this case, the security deposit becomes due upon receipt of the request for payment.

§ 4 Documents to be submitted / Authorized drivers / Prohibition of transfer of use to third parties

  1. When the vehicle is handed over, the lessee / authorized driver must present a driver's license that is required to drive the vehicle and is valid in Germany, and the lessee must also present a valid identity card or passport (in conjunction with proof of residence) in the original. The vehicle may only be driven by the lessee or by a driver entered in the rental agreement. Additional drivers can be authorized for a fee upon presentation of the original driver's license. Deviating agreements must be in text form. Each driver of the vehicle must have the required and valid driver's license in Germany and meet the minimum requirements for the rental in terms of age and length of driving license ownership.
  2. Minimum rental age is 21 years old, which can be reduced to 19 years old for certain vehicle groups for a fee.
  3. If a representative acts on behalf of the lessee, instead of the identification documents of the lessee mentioned in paragraph 1, he must present his own identification documents and a written power of attorney from the person he is representing, or he must be entered in the accounts receivable system as the person authorized to collect. If the representative acts in legal or voluntary representation for a legal person, another company or a corporation with its own legal personality, the obligation to present identification documents of the renter does not apply.
  4. The transfer of the vehicle to other third parties, in particular a further rental, is not permitted. Driving the vehicle by unauthorized drivers may result in the loss of an agreed limitation of liability. In any case, however, it leads to the liability of the lessee for any damage caused by the third party through the use of the rental vehicle, unless this would have occurred anyway.

§ 5 Use of the vehicle

  1. The vehicle may only be used on public roads, but not for off-road driving and driving school exercises. Overloading and other improper use is not permitted. The transport of hazardous substances as defined by the Road Hazardous Goods Ordinance (GGVS) is prohibited.
  2. The operating instructions of the vehicle manufacturer - also with regard to the prescribed fuel - must be observed as well as the legal provisions applicable to the use of the vehicle, in particular the application of measures for proper load securing. This also applies to the transport and accompanying papers and all documents belonging to the vehicle.
  3. Our rental vehicles are non-smoking vehicles. Violation of the smoking ban will be charged at 50 euros plus VAT.
  4. An additional cleaning fee will be charged if normal cleaning (standard cleaning) does not return the vehicle to an acceptable rentable condition. The calculation is based on effort.

§ 6 Parking the vehicle

As long as the vehicle is not in use, all parts of it must be kept locked and the steering wheel lock must be engaged. When leaving the vehicle, the renter/driver must take all vehicle keys and vehicle documents with them and keep them out of the reach of unauthorized persons. Furthermore, any special legal or official regulations for the parking of vehicles must be observed.

§ 7 Use Abroad

In principle, the renter is not permitted to drive the vehicle to other / also European countries.

§ 8 Return of the vehicle

  1. The vehicle can only be returned during the opening hours of the relevant branch. The lessee must properly return the vehicle and all accessories to the agreed branch by the agreed time at the latest. A return to a different location / branch than agreed is not permitted. If no agreement has been reached, the vehicle must be returned to the branch where it was picked up.
  2. A copy of the last fuel receipt must be presented upon return. If there is no submission, the landlord is entitled to charge an amount of up to EUR 20 plus VAT for possible missing quantities.
  3. An extension of the rental contract is only possible with the express consent of the landlord. If the lessee continues to use the rental property after the rental period has expired, the rental relationship is not considered to be extended. § 545 BGB does not apply. After the agreed rental period has expired, the lessor is entitled to the statutory claims for compensation for use for the duration of the withholding. At the end of the rental period, the comprehensive insurance expires. In the case of cash payment / electronic payment transactions, an extension is only possible in person on site by increasing the rental deposit.
  4. If there is an important reason, the lessor is entitled to extraordinarily terminate the rental agreement without notice and to demand the return of the vehicle at a certain point in time or immediately. In the event of non-compliance, the lessor reserves the right to file a criminal complaint and have the vehicle seized by the police.
  5. The rental fees are usually calculated on the basis of a daily rate (24-hour period). In the event of a late return, an additional day will be charged at the applicable standard rate at the beginning of each additional 24-hour period. If an hourly rate is returned late, the daily rate will be calculated after exceeding 4 hours. The grace period that we allow for delays is a maximum of 15 minutes for hourly rates. For daily rates, a maximum of 30 minutes.

§ 9 Obligations of the lessee / driver in the event of damage, theft or breakdown

  1. In the event of damage, the lessee / driver is obliged to ensure that - after on-site protection and the provision of first aid - all measures necessary to reduce damage and preserve evidence are taken, in particular that
    a) the police are called in immediately,
    b) the names and addresses of those involved in the accident and witnesses as well as the registration numbers of the vehicles involved are noted down for forwarding to Fassbender Tenten and a sketch is made together with a description of the damage,
    c) on the part of FASSBENDER TENTEN - in the name of the landlord - no acknowledgment of guilt is given and
    d) Appropriate safety precautions are taken for the vehicle. The lessee/driver may not leave the scene of the accident as long as he has not fulfilled his obligation to clarify what happened and to establish the necessary facts (§142 StGB / hit-and-run accident). If the vehicle, vehicle parts or accessories are stolen or if damage is found (vandalism), the lessee/driver must immediately report the matter to the responsible police station. Witnesses must be named for the original parking of the vehicle and a corresponding sketch must be made.
  2. The lessee / driver is obliged to report any damage immediately and personally to FASSBENDER TENTEN - on the insurance company's damage form - completely and truthfully. Police certificates must be attached. If the vehicle is stolen, the lessee / driver is obliged to hand over the vehicle keys and vehicle documents to FASSBENDER TENTEN.
    The lessee / driver is also obliged to support FASSBENDER TENTEN and the vehicle insurer with all necessary information during the further processing of the claim.
  3. If, in the event of a breakdown, the safe operation of the vehicle is no longer guaranteed or its use is impaired, the lessee must take appropriate safety precautions and immediately coordinate further with the FASSBENDER TENTEN branch or protect the interests of the lessor as best as possible outside of opening hours.
  4. Vehicle repairs / maintenance during the rental period must be approved in writing by the lessor prior to being commissioned.

§ 10 Liability of the tenant

  1. In the event of damage to the rental vehicle, loss of vehicle and other violations of the rental contract, the renter is generally liable according to the general liability rules. If a liability reduction based on the model of comprehensive insurance is agreed with the lessee (section 11 ff.) and the lessee has paid the fee owed for this when it is due, the lessee and the authorized drivers included in the scope of protection of the contractual liability reduction are liable per case of damage up to the amount the agreed deductible. The deductible per case of damage, which the renter has to bear, is stated in the rental agreement. A retrospective agreement on a reduction in liability is excluded.
  2. If damage referred to in paragraph 1 was caused by the lessee/driver through gross negligence or willful misconduct, or if damage to another item belonging to the lessor that is not covered by the existing liability insurance for the vehicle was caused by gross negligence or if damage was caused by the lessee or driver If the contractual obligation to be fulfilled, in particular according to Section 9, is violated through gross negligence, the Lessor is entitled to claim against the party liable for compensation in proportion to the severity of their fault beyond the agreed reduction in liability, unless the breach of obligation was the reproachable action or the reproachable omission is neither responsible for the occurrence of the damage nor for its extent.
  3. Furthermore, the lessee and his vicarious agents are liable without limitation for violations of statutory provisions, in particular traffic and regulatory regulations, committed by them during the rental period, even if a reduction in liability has been agreed.
  4. The liability extends to any truck tolls, towing costs, expert fees, loss of rent, loss of value of the vehicle, proportional administration costs and other costs - if incurred. Evidence to the contrary is expressly permitted that such damage did not occur at FASSBENDER TENTEN. With regard to the decrease in value of the vehicle, the lessee is only liable if the decrease in value goes beyond the decrease in value resulting from the contractual use.
  5. If the vehicle is handed over to authorized third parties, the lessee is liable for compliance with the provisions of this rental agreement and the behavior of the third party as for his own actions. The renter is fully responsible for the consequences of traffic violations or criminal offenses that are determined in connection with the rented vehicle and is liable to FASSBENDER TENTEN for any fees or other costs incurred. In such a case, FASSBENDER TENTEN is obliged to name the lessee/driver to the authorities.
  6. A processing fee of EUR 20 plus VAT will be charged for each transaction/traffic violation for the administration costs incurred in connection with the naming/communication with authorities.

§ 11 Reduction of Liability

Subject to clause 12, the lessee can reduce his liability according to clause 10 (except in the cases mentioned there) by agreement. Details on this are regulated in point 13.

§ 12 Elimination of Liability Reduction

  1. The reduction of liability according to Section 11 does not apply if the lessee / driver violates one or more of the provisions mentioned in Sections 4-9, this applies in particular to intentional violations of these provisions. In the event of negligent violations of these provisions, liability will be reduced according to the culpability. This also applies in particular if the police were not called in in the event of damage - whether with or without the involvement of third parties - so that FASSBENDER TENTEN is denied the opportunity to objectively clarify the damage event.
  2. Despite an agreement on a reduction in liability, the lessee is fully liable for all damage to the superstructure of the rented vehicle, in particular in the event of non-observance of the passage height or width, as well as for damage attributable to improper loading and unloading, overloading or to the load and its inadequate securing are.

§ 13 Insurance

The rental price includes motor vehicle liability insurance at least to the extent that is required by law in the vehicle's country of registration. Items in or on the vehicle are not covered by this. In addition, the rental price includes fully comprehensive insurance with a vehicle group-dependent deductible (abbreviated SB) of between EUR 1,000 and EUR 2,500 per claim. However, if the damage is actually less than EUR 1,000, this lower amount plus a processing fee of EUR 50.00 plus VAT will be charged to the tenant.

§ 14 tire damage

If tire damage occurs during the rental period (e.g. due to run-in parts), which is not solely due to the operation of the vehicle, any tire repair costs incurred or, depending on the case, the costs for one or more replacement tires (always the same make as the remaining tires on the vehicle) at the expense of the lessee. Optionally, a reduction in liability can be agreed for a fee.

§15 Tenant's payment obligation

After returning the vehicle to FASSBENDER TENTEN, the lessee is obliged to pay the total amount, which is made up of the individual items shown in the rental agreement and any additional costs for additional days, additional kilometers, refueling, special cleaning, tolls, etc.

Payment can be made from the balance or the credit limit of a customer account set up for the tenant with the landlord

§ 16 Liability of FASSBENDER TENTEN

  1. The Lessor is liable - except for damage resulting from injury to life, limb or health - for damage to the Lessee, regardless of the facts or legal basis (e.g. default, breach of contract, tort, culpa in contrahendo), in particular with regard to any consequential damage and claims by third parties, only in the case of intentional or grossly negligent action by the lessor or one of its vicarious agents in accordance with the statutory provisions. No-fault guarantee liability of the lessor according to § 536a paragraph 1 BGB for material defects existing at the time of the conclusion of the rental contract is excluded.
  2. In addition, reference is made to § 4 of the General Terms and Conditions for rentals via rental partners.
  3. The Lessor is not obliged to store items that the Lessee left behind in the vehicle when it was returned. In this respect, it is also only liable for intent and gross negligence

§ 17 data protection

The tenant agrees that his personal data, insofar as they are required for business transactions, in accordance with the applicable data protection principles, by FASSBENDER TENTEN and the other companies in the FASSBENDER-TENTEN Group (can be viewed at www.fassbender-tenten.de/ueber-uns/ data protection declaration/) are stored and transmitted. For security reasons, parts of our vehicle fleet are equipped with GPS transmitters, which enable a limited group of people to locate and track the vehicles as required. The lessee also agrees that his personal data may be stored and transmitted for the purpose of sending information about the services of companies in the Fassbender Tenten Group.

AVB Faßbender Tenten GmbH & Co.KG
Status 09/15/2022