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Mietpartner 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 landlord (hereinafter also "we/our" or "Faßbender Tenten") undertakes to provide the tenant with the rental property 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, upon request to the lessor about the planned place of use of the rental device 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 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) in 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 are 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 violated. 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 Lessor 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 on the part of the Lessor in accordance with Section 536a, Paragraph 1 of the German Civil Code for material defects present at the time the rental agreement was concluded 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 item 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 the rental object without notice and at the expense of the lessee who granted access to the device, 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 rental object by the lessor 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 / sub-letting 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 lessee 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 - for collection provide. 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 rental object is returned in a condition that shows that the lessee has not fulfilled his obligations according to paragraph 1 or § 8, the lessee is obliged to compensate the lessor for the damage caused by the loss of rent for the period of repair or replacement of the Rental necessary accessories to replace.
§ 11 Transport costs / costs in the event of a repair
1) For the delivery and return of rental equipment by the landlord, the tenant will be charged transport costs in accordance with the currently valid price list in the amount of the freight rates for delivery and return of large equipment from the landlord's branches. The tenant must ensure that an authorized person is on site during delivery or collection. At the tenant's request, large appliances can also be picked up without the customer being present. In this case, the tenant bears the burden of proof that the property was in good condition upon acceptance. In the event that the rental item cannot be unloaded or the rental item is not ready for collection from the curb, depending on the effort involved in the empty journey, up to €200 plus VAT will be charged.
(2) In the event of damage to the rental property by the tenant or in the event of a malfunction caused by the tenant and a subsequent repair or renewed instruction by the landlord is required, the landlord is entitled to additionally invoice any travel costs incurred at €1.10 plus VAT per kilometre and its expenses at an hourly rate of €77.90 plus VAT. Travel time counts as working time.
The starting point for workshop assignments is generally the lessor’s branch and workshop location in Rheinbach For repairs that can alternatively be carried out in the workshop at the location Rheinbach carried out, the defective rental equipment will be moved from a location other than Rheinbach , and the return delivery to the respective rental location, a freight fee of €37.50 or €75.00 net will be charged, depending on the size of the device.
§ 12 Loss of Rental Items
(1) The lessee bears the risk of losing the rental item from the time the rental item 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 lessee must compensate the lessor 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 lessor 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:
- after the conclusion of the contract, the lessor becomes aware of facts that reduce the lessee's creditworthiness from a banking point of view;
- 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
- 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.
- 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 device yourself is not covered by the limitation of liability.
The maximum deductible (SB) per claim 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 items are divided into the following categories/excesses:
Category SB Category SB Category SB
A €0 E €150 I €1000
B €25 F €250 J €1750
C €50 G €500 K €2500
D €100 H €750 L €3500
M 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) Anti-Theft (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
A €0 E €250 I €1750 M €7500
B €25 F €500 J €2500
C €50 G €750 K €3750
D €150 H €1000 L €5000
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 paragraphs 1 and 2 do not apply in favor of the lessee if he is guilty of intent or gross negligence.
(4) The limitations of liability for the deductible also do not apply if the lessee 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 tenant via a customer account set up for him with the landlord,
(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, as far as they are necessary for the transaction, may be processed by FASSBENDER TENTEN and the other companies in the FASSBENDER-TENTEN Group (available at www.fassbender-tenten.de/datenschutz/). For security reasons, parts of our rental fleet are equipped with GPS transmitters that allow a limited group of people to locate and track the rental equipment if required.
§ 19 Place of Jurisdiction / Choice of Law
In all disputes arising from the contractual relationship, if the tenant is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Bonn . The landlord is entitled to take legal action at the tenant's general place of jurisdiction. The contract is subject exclusively to German law.
As of: 4/2024