§ 1 Scope of ApplicationGeneral
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Zeitgeist Taunus GmbH, registered in the commercial register of the Local Court of Königstein im Taunus (HRB 12425) (hereinafter "Provider"), and the customer (hereinafter "Customer") regarding the rental of event equipment, the provision of event services, the planning and execution of events, and the sale of event tickets via the website www.zeitgeist-taunus.de.
(2) These GTC apply to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB) alike, unless a specific clause expressly provides otherwise.
(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity (§ 14 BGB).
(4) Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their applicability in text form (e.g., email). These GTC shall also apply where the Provider performs services without reservation in the knowledge of conflicting or deviating conditions of the Customer.
(5) These GTC apply in the version valid at the time of the order or conclusion of the contract. The current version is available at www.zeitgeist-taunus.de/agb.
§ 2 Conclusion of ContractGeneral
(1) The presentation of products and services on the Provider's website does not constitute a legally binding offer but an invitation to submit an order (invitatio ad offerendum).
(2) For online orders via the website, the contract is concluded as follows:
a) The Customer selects the desired products or services and proceeds through the ordering process. By clicking the "Place binding order" button, the Customer submits a binding offer to conclude a contract.
b) The contract is concluded upon successful payment processing through the payment service provider (Stripe). The Customer receives an order confirmation by email documenting the conclusion of the contract. The confirmed order is binding for both parties.
(3) For individually planned events or extensive rental orders, the contract may also be concluded as follows:
a) The Provider prepares an individual offer or cost estimate (Angebot/Kostenvoranschlag) for the Customer. This offer is non-binding unless expressly stated otherwise.
b) The contract is concluded when the Customer accepts the offer in text form (email, letter) or makes the agreed payment.
(4) For the purchase of event tickets: The contract is concluded upon successful online payment through the payment service provider. Event tickets are date-specific services within the meaning of § 312g(2)(9) BGB and are excluded from the right of withdrawal (see § 11).
(5) The contract text is stored after conclusion and sent to the Customer by email together with the GTC valid at the time of conclusion.
§ 3 Rental Conditions – Event EquipmentRental
(1) The rental items are handed over to the Customer in proper, operational condition. The Customer is obliged to inspect the condition of the rental items upon receipt and to report any recognizable defects to the Provider immediately. Failure to report shall only be deemed acceptance insofar as the defect was recognizable at the time of handover. Hidden defects remain unaffected.
(2) The Customer is obliged to treat the rental items with care and in accordance with their intended use and the Provider's instructions.
(3) Use by Third Parties and Prohibition of Re-Rental: The rental items may only be used for the event specified in the contract or order confirmation, for the agreed purpose, and at the agreed event location. Any re-rental, subletting, lending, brokering, passing on, or other transfer of use of the rental items to third parties, whether for consideration or free of charge, is prohibited without the prior express consent of the Provider in text form. This prohibition includes in particular:
- —using the rental items to fulfill the Customer's own rental, lending, or transfer agreement with a third party;
- —offering the rental items as the Customer's own or third-party rental items on websites, in catalogues, offers, price lists, social media, or other sales channels;
- —independently re-invoicing the rental items to an end customer as equipment rented out by the Customer itself;
- —transferring the rental items to other event agencies, event service providers, venues, caterers, rental companies, or comparable businesses.
Event agencies, event service providers, and other commercial customers are obliged to inform the Provider before conclusion of the contract if the rental items are to be used in the context of an event organized for a third party or a client order. Such use is only permitted with the prior consent of the Provider in text form. The intended use of the rental items by guests, employees, setup helpers, commissioned service providers, or venue staff within the scope of the agreed event does not constitute an impermissible transfer of use, provided the rental items remain under the Customer's responsibility and are not independently re-rented or transferred to third parties for other purposes.
(4) Consequences of an Impermissible Transfer: In the event of a violation of paragraph 3, the Customer is obliged to end the impermissible use or transfer immediately and, upon request, to inform the Provider of the current location of the rental items and their immediate possessor, insofar as this is necessary to secure or recover the rental items. In the event of a significant or continued violation, the Provider is entitled, subject to the statutory requirements, to terminate the rental agreement for cause and to demand the immediate return of the rental items. The Customer is liable in accordance with the statutory provisions for all damages and additional expenses attributable to the Customer that arise from the impermissible re-rental, passing on, or transfer of use. These may include in particular additional transport, recovery, inspection, cleaning, and repair costs, as well as demonstrable losses. Further statutory claims remain unaffected.
(5) Rental Period and Rental Units: The rental period begins on the rental start date stated in the contract or order confirmation and ends on the rental end date stated therein. The rental period is calculated in calendar days. The first and the last calendar day of the selected rental period each count fully as a rental day, regardless of the time of handover, delivery, collection, or return. A rental unit covers a rental period of up to four consecutive calendar days:
- —1 to 4 calendar days = 1 rental unit
- —5 to 8 calendar days = 2 rental units
- —9 to 12 calendar days = 3 rental units
Each further commenced rental period of up to four calendar days is charged as an additional rental unit. Unless expressly stated otherwise for an item, in an individual offer, or in the order confirmation, item prices apply per piece and per rental unit.
(6) The rental item must be returned at the agreed return location in the condition in which it was received.
(7) Late Return: An extension of the agreed rental period requires the prior consent of the Provider in text form and is subject to the continued availability of the rental items. If rental items are not returned by the agreed time or are not fully made available for the agreed collection, the agreed rental price per piece and per rental unit will be charged additionally for each further rental unit commenced as a result. The obligation to return or make available the rental items without delay remains unaffected. The Provider may also claim compensation for any demonstrably incurred further damage, in particular necessary replacement procurement, loss of rental income, personnel, or additional transport costs. Additional rental charges already invoiced will be credited against any further claim for damages.
(8) Dishes, glasses, and cutlery must be returned in a washed condition. Tables and chairs must be neatly stacked. Textiles (tablecloths, napkins, covers) must be returned in the provided bags. Failure to comply will result in a cleaning fee according to the current price list.
(9) All rental items remain the property of the Provider. The Customer shall keep the rental items free from all encumbrances, liens, and other claims by third parties.
(10) Self-Pickup: Where self-collection has been agreed, the Customer is obliged to collect and return the rental items at the agreed time and at the agreed location. Risk of loss, damage, and deterioration passes to the Customer upon handover of the rental items and reverts to the Provider upon their return. The Customer is asked to report any recognizable damage or missing quantities immediately upon collection and, where possible, to have them documented. The Customer's statutory rights, in particular with regard to defects that were not recognizable, remain unaffected.
§ 4 Damage, Liability, and LossRental
(1) The Customer is obligated to treat the rental items with care and to protect them from loss, damage, or unauthorized use throughout the entire rental period.
(2) The Customer is liable for damage to the rental items caused by improper use, loss, or negligent handling, insofar as the Customer is responsible for such damage. The Customer is also liable for damage caused by guests, event visitors, or other third parties during the rental period, insofar as such damage originates from the Customer's area of responsibility.
(3) The Provider's liability is unlimited in cases of intent and gross negligence, as well as in cases of injury to life, body, or health.
(4) In cases of slightly negligent breach of material contractual obligations (cardinal obligations), the Provider is liable only for the typical, foreseeable damage.
(5) Any further liability of the Provider is excluded to the extent permitted by law.
(6) Lost or irreparably damaged rental items will be invoiced to the Customer at the replacement value (current market value). For repairable damage, actual repair costs plus any necessary transport and inspection costs will be charged. Where an item must be procured at short notice as a new replacement, the costs required for such procurement may be applied.
(7) The condition of the rental items will be documented by the Provider upon return. In case of identified damage, the Customer will receive damage documentation with photo documentation and cost breakdown.
(8) The Provider assumes no liability for the safekeeping of the Customer's property at the event venue.
§ 5 Delivery and TransportRental
(1) Delivery is made to the delivery address provided by the Customer when ordering. Delivery costs are calculated based on the distance between our rental warehouse (Am Weidenring 58, 61352 Bad Homburg, Germany) and the delivery address and are transparently displayed before completion of the order.
(2) The Customer must ensure suitable and unimpeded access to the delivery and setup location, including adequate access roads, parking spaces for vehicles, and, if necessary, an elevator. Additional costs due to difficult access conditions (e.g., no elevator, narrow staircases, unpaved driveways, stairs) are borne by the Customer.
(3) Setup and dismantling service is charged separately. Costs depend on the type, scope, and category of the rented items and are shown as setup and dismantling fees during ordering.
(4) Delivery times are given as time windows (morning/afternoon) unless a fixed appointment has been agreed. The Provider endeavors to meet agreed delivery times. Minor delays do not give rise to claims for damages, provided the Provider is not at fault and no material contractual obligation is breached.
(5) The risk of accidental loss or deterioration of the rental items passes to the Customer upon handover to the Customer or to the recipient appointed by the Customer.
(6) The Customer is asked to report any recognizable damage or missing quantities immediately upon handover or setup and, where possible, to have them documented. The Customer's statutory rights, in particular with regard to defects that were not recognizable, remain unaffected.
§ 6 Setup and Dismantling, Event ExecutionRental
(1) Where the Provider is commissioned with setup and dismantling work, the Customer must make the event venue available in a timely manner and in a condition suitable for the work.
(2) Attaching decorations, stage parts, or similar items to walls, floors, and ceilings of the venue is only permitted after consultation with the Provider and the venue landlord.
(3) The Customer must ensure an adequate and suitable power supply at the event venue. The Customer is liable for damage to rental items attributable to an inadequate power supply for which the Customer is responsible (e.g., incorrect fusing, unsuitable connections, overloading).
(4) Technical equipment (e.g., lighting, sound, and stage technology) may only be operated by qualified personnel. If the Provider recommends specialist personnel for certain equipment and the Customer waives such engagement, the Provider assumes no liability for malfunctions attributable to operator error.
(5) The Customer as the event organizer is solely responsible for obtaining all required public-law permits and complying with official requirements (e.g., noise protection, fire protection, safety concepts).
(6) Setup and dismantling charges are billed under one of the following models, depending on the order type:
a) Flat-rate billing (Pauschalabrechnung): For bookings placed through the online rental shop and for standardised orders, setup and dismantling costs are stated as a fixed price (Pauschale) at the time of ordering and are included in the confirmed order total.
b) Time-and-materials billing (Regiearbeit): For individually planned or large-scale event orders where the actual labour required for setup and dismantling cannot be determined in advance, charges are calculated on the basis of actual time spent. The agreed hourly rate per crew member and the estimated number of crew members are communicated to the Customer in the order confirmation (Auftragsbestätigung). The final charge is determined after the event by multiplying the actual hours worked by the agreed hourly rate. It is invoiced in the final invoice (Schlussrechnung) issued after completion of the event and return of all rental items. The Customer will receive documented proof of the actual hours worked. By signing or accepting the order confirmation, the Customer acknowledges the applicable billing model.
§ 7 Event TicketsEvents
(1) By purchasing an event ticket, the Customer acquires the right to participate once in the event specified on the ticket at the stated date and location.
(2) Each ticket is provided with a unique individual QR code serving as admission authorization, which is electronically validated at entry. A transfer of the ticket including the QR code is only permitted in accordance with paragraph 4. Reproduction or simultaneous transfer to several persons is prohibited; access will be denied in case of misuse.
(3) The purchase of event tickets is final. Event tickets constitute contracts for the provision of services related to leisure activities for which the contract provides a specific date (§ 312g(2)(9) BGB). Therefore, no right of withdrawal exists. Return or cancellation by the Customer is excluded, unless the event is completely cancelled by the Provider.
Transfer and Resale of Tickets
(4) Tickets are generally non-transferable unless the Provider expressly permits transfer in individual cases. Private transfer of tickets to third parties is only permitted under the following conditions:
- —Tickets may only be transferred at the original price (ticket final price including any advance sale and processing fees) or at a lower price.
- —Commercial or business resale of tickets without the prior consent of the Provider in text form is prohibited.
- —Public use of tickets for advertising or marketing purposes without the prior consent of the Provider in text form is prohibited.
- —Transfer of tickets to persons against whom a venue ban has been issued is prohibited.
(5) In case of violation of the regulations in paragraph 4, the Provider is entitled to block the ticket and deny the ticket holder access to the event. The Provider is further entitled to demand a contractual penalty of up to €2,500.00 per violation from the ticket purchaser who violates paragraph 4, unless the violation occurred without fault. Further claims for damages remain unaffected.
(6) In case of loss of the ticket, there is no entitlement to free replacement. However, the Customer may provide proof of their entitlement through their order and invoice number.
Age Restrictions and Admission Authorization
(7) If an age restriction applies to an event, this is expressly stated in the event description and on the ticket. For age-restricted events, the following rules apply:
- —Only persons who have reached the specified minimum age are entitled to admission. Age verification is carried out at entry by presenting a valid official photo identification (identity card, passport).
- —Young persons aged 16 and over may gain admission to events with an 18+ age restriction when accompanied by a person having parental custody or a written authorization from such person delegating to an adult companion (designated supervisor), provided this is compatible with the provisions of the Youth Protection Act (JuSchG) and the respective venue's house rules.
- —The sale and consumption of alcoholic beverages at events is governed by the Youth Protection Act (JuSchG). In particular, the sale of spirits, spirit-based drinks, and food containing spirits in more than negligible quantities to children and young persons under 18 is prohibited (§ 9(1)(1) JuSchG). Other alcoholic beverages (e.g., beer, wine, sparkling wine) may be sold to young persons aged 16 and over (§ 9(1)(2) JuSchG).
(8) The Provider reserves the right to cancel, postpone, or modify events for important reasons (e.g., force majeure, official orders, cancellation of key artists, insufficient advance sales). In case of complete cancellation, already paid ticket prices will be refunded. In case of postponement, tickets remain valid for the new date; the Customer may alternatively request a refund.
(9) The Provider reserves the right to exercise house authority at the event venue and to deny admission to or exclude persons for important reasons. No refund entitlement exists in this case.
(10) Photo, audio, and video recordings may be made at events for reporting and documentation purposes. Information about the nature, scope, purposes, and legal basis of the recordings, as well as existing options to object, will be made available to visitors on site and in the privacy notices for the respective event. Where consent is required, it will be obtained separately.
§ 8 Event Planning and OrganizationEvents
(1) Where the Provider is commissioned with the planning, organization, or execution of an event, the details (date, location, schedule, scope of services, costs) are set out in writing in a separate individual contract.
(2) The Customer as the event organizer is solely responsible for all liability matters towards visitors, participants, and third parties, unless the Provider expressly acts as a (co-)organizer.
(3) The Customer must provide the Provider with all information required for service delivery in a timely manner. Delays due to late or incomplete provision of information are at the Customer's expense.
(4) The Provider is entitled to engage qualified third parties as vicarious agents or subcontractors to fulfill its contractual obligations.
(5) The Provider does not guarantee the economic success of the event.
§ 9 Prices and PaymentGeneral
(1) All prices stated on the website vis-à-vis consumers are total prices in euros and include the statutory value-added tax. Where the net price and VAT are additionally shown, the total price payable remains clearly identifiable.
(2) Unless expressly stated otherwise, rental prices apply per piece and per rental unit (§ 3(5)). The total price payable for the selected rental period, the selected quantity of rental items, and the selected additional services is displayed to the Customer before the order is placed. In addition, costs may arise in particular for delivery, collection, setup and dismantling, and cleaning. These are shown separately before the order is placed, insofar as they can be calculated in advance. For setup and dismantling services billed on the basis of actual time spent (time-and-materials billing in accordance with § 6(6)(b)), the amount stated in the order confirmation is provisional; the final amount is invoiced in the final invoice (Schlussrechnung) after the event.
(3) Payment is made by credit card or other payment methods offered on the website through the certified payment service provider Stripe. Payment is processed securely and in compliance with PCI-DSS standards.
(4) For business customers (B2B), payment is due within 14 days of the invoice date unless otherwise agreed. For consumers, payment is due immediately upon order placement.
(5) In case of late payment, the Provider is entitled to charge default interest at a rate of 5 percentage points above the base interest rate for consumers, and 9 percentage points above the base interest rate for entrepreneurs (§§ 288, 247 BGB).
(6) If the remaining balance is not paid by the agreed deadline, the Provider is entitled to withdraw from the contract and to allocate the reserved items to other customers. Any deposit or reservation fee already paid will be retained in accordance with § 12(7).
§ 10 Security Deposit (Kaution)Rental
(1) The Provider may, for orders exceeding a total value of €2,000.00 (gross) or for equipment requiring particular care, demand a reasonable security deposit. The amount and form of the security deposit will be communicated to the Customer before contract conclusion.
(2) The security deposit serves as collateral for possible claims of the Provider arising from the contractual relationship, in particular for damage, loss, cleaning costs, or late return of rental items.
(3) The security deposit is refunded without interest within 14 days after proper return and inspection of the rental items, minus any justified deductions. In case of deductions, the Customer will receive a detailed statement.
(4) The form of security deposit (bank transfer, credit card pre-authorization, or cash deposit) is determined by agreement between the parties. Accepted payment methods will be communicated during the ordering process.
§ 11 Right of Withdrawal for ConsumersGeneral
§ 11.1 Rental Equipment – Self-Pickup
Rental
Withdrawal Policy
(1) For rental contracts concluded online where the Customer picks up the rented items themselves (self-pickup), the Customer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.
(2) To exercise the right of withdrawal, the Customer must inform us (Zeitgeist Taunus GmbH, Mayers Gärten 11, 61462 Königstein im Taunus, email: info@zeitgeist-taunus.de, phone: +49 (0) 6174 24 95 88) of the decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). The model withdrawal form below may be used, but is not mandatory.
(3) To meet the withdrawal deadline, it is sufficient for the Customer to send the notification of exercise of the right of withdrawal before the withdrawal period has expired.
§ 11.2 Rental Equipment – Delivery with Setup/Teardown
Rental
Right of Withdrawal for Contracts Including Delivery and Setup Services (Mixed Contract)
(1) If the contract concluded online includes, in addition to the provision of rental items, delivery, setup, teardown, or other services, it constitutes a mixed contract. The consumer is entitled to the statutory right of withdrawal pursuant to § 312g(1) BGB; the withdrawal period is fourteen days from the day of contract conclusion. The following applies additionally to the individual components of the contract:
(2) Rental component: The standard fourteen-day right of withdrawal in accordance with § 11.1 applies to the provision of the rental items. It does not expire prematurely merely because a delivery, setup, or teardown service has additionally been booked.
(3) Delivery, setup, and teardown services: If, at the Customer's express request, the Provider is to commence these services before the expiry of the withdrawal period, the Provider obtains the following during the online ordering process by means of a separate checkbox:
- a)the Customer's express consent that the Provider commences performance of the service before the expiry of the withdrawal period, and
- b)the Customer's confirmation of their awareness that the right of withdrawal with respect to this service expires prematurely upon its full performance before the end of the withdrawal period (§ 356(5) BGB).
Without this express consent, the fourteen-day right of withdrawal remains in full effect.
(4) Early expiry: The right of withdrawal expires prematurely only with respect to the service concerned and only if the Provider has fully performed the service and commenced performance only after the Customer gave their consent pursuant to paragraph 3 (§ 356(5) BGB). The right of withdrawal with respect to the rental component remains unaffected.
(5) Compensation for value: If the Customer withdraws from the contract after services have commenced with their consent before the expiry of the withdrawal period, the Customer owes the Provider a reasonable amount corresponding to the proportion of the services already provided up to the withdrawal compared to the total scope of the contractually agreed services (§ 357a BGB).
§ 11.3 Event Tickets
Events
The purchase of event tickets constitutes a contract for services related to leisure activities for which the contract provides a specific date (§ 312g(2)(9) BGB). No right of withdrawal exists. Return or cancellation by the Customer is excluded, unless the event is completely cancelled by the Provider.
Consequences of Withdrawal
If the Customer withdraws from the contract, the Provider shall reimburse all payments received from the Customer, including delivery costs (with the exception of the supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive standard delivery offered by the Provider), without undue delay and at the latest within fourteen days from the day on which the notification of the Customer's withdrawal is received. For this reimbursement, the same means of payment as used for the original transaction shall be used, unless expressly agreed otherwise; in no event shall the Customer be charged for this reimbursement.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form.)
To Zeitgeist Taunus GmbH, Mayers Gärten 11, 61462 Königstein im Taunus, email: info@zeitgeist-taunus.de:
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper notification):
Date
(*) Delete as applicable.
§ 12 Cancellation by the CustomerGeneral
(1) Cancellations of rental agreements and event orders by the Customer are possible under the following conditions. Service commencement within the meaning of this § 12 means, for rental agreements, the agreed rental start date (§ 3(5)); if a delivery or setup is agreed for a date before the rental start, the earlier date is decisive. For event orders, service commencement means the agreed start of the event or of the first contractually agreed on-site service, whichever is earlier.
- —Cancellation up to 30 days before service commencement: free of charge
- —Cancellation 29 to 14 days before: 30% of the total amount as cancellation fee
- —Cancellation 13 to 7 days before: 50% of the total amount as cancellation fee
- —Cancellation less than 7 days before or non-collection/non-acceptance: 100% of the total amount
(2) Cancellation must be made in text form, for example by email or letter. The date of receipt of the cancellation by the Provider is decisive for compliance with the deadlines.
(3) The Customer is free to prove that the Provider incurred less damage than the flat-rate cancellation fee. Statutory withdrawal rights of consumers remain unaffected by the cancellation fees.
(4) For event tickets, the exceptions to the right of withdrawal per § 11 apply. Ticket cancellation is only possible in case of complete cancellation of the event by the Provider, not in case of postponement, content changes, or personal prevention of the Customer.
Reservation Fee / Deposit for Pre-Bookings
(5) The Provider may require a deposit (reservation fee) for reservations (pre-bookings). The amount of the deposit is stated in the respective reservation offer. The reservation only becomes binding upon receipt of the deposit in the Provider's account within the deadline stated in the offer. Upon reservation, the specified rental items are exclusively blocked for the agreed rental period.
(6) Upon conclusion of the rental agreement (binding order), the deposit paid will be fully credited towards the total amount.
(7) In the event of cancellation by the Customer or non-acceptance of the reserved rental items, the deposit paid will be retained as liquidated damages. The Customer retains the right to prove that the Provider suffered no or significantly less damage (§ 309 No. 5 BGB).
(8) If the deposit is not received by the deadline, the Provider is entitled to cancel the reservation and release the reserved items. The Customer has no claim to the continuation of the reservation in this case.
§ 13 Cancellation and Service Modification by the ProviderGeneral
(1) The Provider is entitled to withdraw wholly or partially from a contract or to adjust the scope of services if:
- —ordered rental items are not available in time due to prior damage by previous renters, unforeseen repair needs, or other reasons not attributable to the Provider;
- —a safety risk exists for staff, visitors, or third parties (e.g., structural deficiencies of the venue, missing official permits);
- —the Customer fails to make due payments or provide an agreed security deposit (§ 10) despite a reminder and reasonable deadline;
- —a case of force majeure per § 14 exists;
- —official requirements, prohibitions, or other sovereign measures make the performance wholly or partially impossible.
(2) In case of cancellation by the Provider for the reasons stated in paragraph 1, the Provider will inform the Customer without delay and endeavor to find a reasonable alternative solution (e.g., equivalent replacement item, date change). If the offered alternative is unreasonable for the Customer, payments already made for unperformed services will be fully refunded.
(3) Claims for damages by the Customer due to a cancellation or service modification by the Provider are governed by § 17. They therefore exist only insofar as the Provider is responsible for the reasons for the cancellation and the requirements of § 17 are met; in the case of a breach of material contractual obligations, liability is limited to the typical, foreseeable damage in accordance with § 17(2).
(4) For events organized by the Provider itself, the Provider is entitled to cancel the event for important reasons. Important reasons include: force majeure (§ 14), insufficient advance sales, cancellation of essential program items or artists, official prohibition, unplayability of the venue, or a safety risk. In this case, ticket holders will be refunded the paid ticket prices. Further claims (in particular for reimbursement of travel, accommodation, or other incidental costs) exist only within the scope of the liability provisions of § 17.
§ 14 Force MajeureGeneral
(1) In the event of force majeure (e.g., natural disasters, pandemics, epidemics, war, terrorism, strikes, lockouts, official orders, power outages, severe storms, or other unforeseeable, unavoidable events), the Provider is released from its performance obligations for the duration and to the extent of the impairment.
(2) The Provider will inform the Customer immediately about the occurrence of force majeure and take reasonable measures to minimize the impact on the Customer.
(3) If the state of force majeure lasts longer than four weeks, both contractual parties are entitled to withdraw from the contract. In this case, payments already made (less any partial services already rendered) will be refunded.
(4) For event tickets: If an event is cancelled due to force majeure, either party may declare withdrawal from the contract. In this case, ticket holders will be refunded the paid ticket prices. Further claims for reimbursement of expenses (e.g., travel, accommodation costs) do not exist unless the Provider is responsible for the impossibility of performance.
§ 15 Weather Risk for Outdoor EventsEvents
(1) For events outdoors or under partially open structures (e.g., tents without closed side walls, pavilions), the Customer bears the risk of weather-related impairments unless expressly agreed otherwise.
(2) The Customer is obliged to take appropriate precautionary measures to protect the rental items from weather influences (e.g., rain, storm, hail, excessive sunlight). Damage to rental items attributable to inadequate weather protection is at the Customer's expense.
(3) In case of storm warnings (wind speeds from 60 km/h) or official severe weather warnings, the Provider is entitled to refuse or discontinue the setup or dismantling of tents, pavilions, stages, and other wind-sensitive structures for safety reasons, without giving rise to claims for damages by the Customer. The rental costs for the affected items do not lapse in this case, provided the items were made available.
(4) Cancellation of the event due to unfavorable but not extreme weather conditions (e.g., rain, cold, heat) is at the Customer's discretion and does not entitle the Customer to a reduction of the rental price or free cancellation.
§ 16 Event Rules and Code of ConductEvents
(1) For events organized or co-organized by the Provider, the following rules of conduct apply. By entering the event premises, the visitor acknowledges these rules.
(2) The following is not permitted on the event premises:
- —carrying weapons, dangerous objects, pyrotechnic articles, or illegal substances;
- —bringing non-event food and beverages, unless expressly permitted;
- —entering stage, backstage, or other restricted areas without authorization;
- —behavior that endangers or significantly impairs the safety, health, or well-being of other visitors, staff, or third parties;
- —commercial or business activity on the event premises without prior written permission of the Provider.
(3) The Provider and its authorized staff are entitled to conduct bag and admission checks as necessary to ensure safety.
(4) In case of violations of the event rules, the Provider is entitled to exclude the visitor from the event and issue a venue ban. No entitlement to refund of the ticket price exists in this case.
(5) The visitor is liable for damage that they culpably cause to the event venue, equipment, or property of the Provider or third parties.
§ 17 Provider's LiabilityGeneral
(1) The Provider is liable without limitation for damages arising from injury to life, body, or health resulting from an intentional or negligent breach of duty by the Provider, its legal representatives, or vicarious agents.
(2) For other damages, the Provider is liable only in cases of intent and gross negligence, as well as for culpable breach of material contractual obligations (cardinal obligations). In case of breach of material contractual obligations, liability is limited to the typical, foreseeable damage.
(3) The above limitations of liability do not apply insofar as the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item, or for claims under the Product Liability Act.
(4) The Provider is not liable for lost profits or other indirect and consequential damages. This does not apply insofar as the Provider is liable pursuant to paragraphs 1 to 3, in particular in cases of intent, gross negligence, damages arising from injury to life, body, or health, and within the scope of liability for the breach of material contractual obligations.
(5) The Customer shall indemnify the Provider against all third-party claims arising in connection with the event organized by the Customer or the use of the rental items, insofar as the Provider has not caused the damage intentionally or through gross negligence.
§ 18 Set-Off and Right of RetentionGeneral
(1) The Customer may only set off against claims of the Provider with undisputed or legally established counterclaims.
(2) The Customer is only entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship and is undisputed or legally established.
(3) The above restrictions do not apply to consumers insofar as their statutory rights under §§ 387 et seq. BGB and § 273 BGB would be impermissibly restricted thereby.
§ 19 Special Provisions for Business Customers (B2B)General
(1) For contracts with entrepreneurs (§ 14 BGB), the following provisions apply in addition and take precedence over the other provisions of these GTC insofar as they contain deviating provisions.
(2) Business customers may provide their VAT identification number (USt-IdNr.) when ordering. Invoicing is carried out with separate statement of VAT.
(3) Business customers receive a pro-forma invoice instead of an immediate invoice. The final invoice is issued by the Provider's accounting department.
(4) Entrepreneurs must inspect the rental items immediately upon taking possession for recognizable damage, missing quantities, and functional defects, and report any deviations identified without delay in text form. Hidden defects must be reported without delay after their discovery.
(5) Invoices to business customers are issued in accordance with the applicable VAT regulations as amended. Where required by law, invoicing takes the form of a structured electronic invoice. The business customer shall provide the necessary receipt details and ensure the ability to receive electronic invoices.
(6) Commercial Event Service Providers: Entrepreneurs who themselves rent out, broker, or provide event equipment in the context of client orders are obliged to disclose this circumstance and the intended purpose of use before conclusion of the contract. Any re-rental, commercial passing on, or inclusion of the rental items in the Customer's own or a third-party rental offering is only permitted on the basis of a separate agreement with the Provider in text form. The mere payment of the rental price or the acceptance of an online order does not constitute consent to re-rental.
§ 20 Data ProtectionGeneral
(1) The Provider collects, processes, and uses personal data of the Customer exclusively within the framework of applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Detailed information about the collection, processing, and use of your personal data can be found in our separate Privacy Policy.
(3) Payment processing is handled by the PCI-DSS-certified payment service provider Stripe. Further information on data protection at Stripe can be found at stripe.com/privacy.
§ 21 Copyright, Online Content, and ReferencesGeneral
(1) All content on the Provider's website (texts, images, graphics, logos, layouts) is protected by copyright. Any reproduction, distribution, storage, or other use without prior written consent of the Provider is prohibited.
(2) Concepts, designs, calculations, and other documents created by the Provider remain the intellectual property of the Provider and may not be disclosed to third parties without consent.
(3) The Provider assumes no guarantee for the currency, correctness, completeness, or quality of the information provided on the website. Liability claims relating to damage of a material or immaterial nature caused by the use or non-use of the information provided are excluded. This exclusion applies only within the scope of and subject to § 17; the liability regulated therein — in particular for intent, gross negligence, damages arising from injury to life, body, or health, and for the breach of material contractual obligations — remains unaffected. All offers on the website are non-binding.
(4) For direct or indirect references to external websites (hyperlinks) that lie outside the Provider's area of responsibility, liability would only come into force if the Provider has knowledge of the content and it would be technically possible and reasonable to prevent their use in the case of unlawful content. The liability provisions of § 17 remain unaffected in this respect as well.
§ 22 Final ProvisionsGeneral
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The contract language is German. Insofar as translations of these GTC or other contractual documents are provided in other languages, they serve for informational purposes only. In the event of discrepancies between the German version and a translation, the German version shall prevail.
(3) The place of performance for all services under the contractual relationship is the Provider's registered office in Königstein im Taunus.
(4) If the Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Frankfurt am Main.
(5) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
(6) Amendments and supplements to these GTC must be in text form (e.g., email). This also applies to the waiver of this text form requirement.
(7) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).