Contents
A. Rental of retro phones with voice recording function for events
B. Subsequent post-processing of voice recordings
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to all rental agreements for the rental of audio guest books (retro telephones with voice recording function) as well as accessories between us, (telefon-mieten.de / Leifhelm Medien), hereinafter referred to as “Lessor”, with registered office in 59269 Beckum, and the Customer, hereinafter referred to as “Lessee”. These are accepted by the renter through an order request or by confirming the offer. The GTC can be accessed on our website under the link https://telefon-mieten.de/en/general-terms-and-conditions/, printed or saved on the computer.
Deviating, conflicting or supplementary regulations of the tenants do not apply. They shall only become part of the contract if the lessor expressly agrees to this validity in writing. Individual agreements between the landlord and the tenant always have priority.
Tenants can become both adult, natural or legal persons. The GTC apply to both consumers and companies.
2.1 Audio guest books (retro phones with voice recording function) in various designs for private and commercial event formats including accessories. It should be noted that finishes and colors may differ from the representation on the website.
2.2 The Lessee shall make the recording equipment and accessories available to its guests free of charge for the duration of the event. The rental item allows visitors to the event to record voice messages.
A contract is concluded only by a written confirmation of the lessor. The type and scope of the service shall be determined by the order confirmation and the appendices thereto, insofar as they are designated in the order confirmation. A deviation from the agreed performance is permissible if this is necessary or expedient for the purpose of implementing the contract and no significant change in performance, in particular a reduction in performance, is associated with this. You transfer the total cost to our account after receiving our invoice (assurance of the desired date). If you pay by credit card or other online payment providers, invoicing is automatic. This will be sent to the e-mail address provided when placing the order. The booking date will be fixed for you only after receiving the amount. An increase of the rent during the contractual rental period is excluded. The lessee is bound to his placed order for the duration of two weeks of the order. After written confirmation of the order by the lessor, the regulations according to these GTC apply.
4.1 The rented item shall be collected by the Lessee from the Lessor’s business premises at its own expense or sent to the Lessee by a shipping partner to the agreed delivery address. The Lessee shall ensure that the leased item is accepted at the place of delivery. Delays or late receipt due to non-acceptance shall be at the expense of the lessee.
4.2 The Lessor shall hand over the rented item to the Lessee in a condition suitable for use in accordance with the contract. The rental object is checked for function and completeness by the lessor in each case before shipment.
4.3 The Lessee is obligated to inspect the shipping packaging for integrity upon delivery by the shipping partner and to have any damage noted in writing by the delivery agent.
4.4 If the Lessor notices that the delivery will not reach the Lessee as agreed with the shipping partner, he will immediately contact the Lessee. If time is still available, the landlord can offer the tenant a replacement phone. If this is no longer possible in terms of time, the tenant can withdraw from the contract free of charge and will be refunded the full rental price by the landlord without any claim for further compensation.
4.5 The Lessee must check the proper functioning of the rental object by commissioning it promptly before the start of the planned use. The Lessee undertakes to notify the Lessor immediately and in writing of any defects discovered.
4.6 If the Lessee fails to report a defect, the rental object shall be deemed to be free of defects, unless the defect is a hidden defect that could not be detected during the inspection. If a hidden defect becomes apparent at a later date, this must be reported to the lessor immediately upon becoming known. To ensure that the recordings are not affected by overlapping sounds such as noise or music, the lessor recommends that the audio guestbook be placed in a quiet location. Audio recordings that are not intelligible can therefore not be claimed as a defect.
4.7 The Lessee shall be exempt from paying the rent for the period during which the fitness of the Leased Property is suspended. In this case, the Lessor undertakes to refund the rent to the Lessee up to the full amount, depending on the impairment, provided that the defect was reported to the Lessor immediately.
5.1 The rental period is 1 day/1 event and covers the day/event booked by the Lessee via the rental object provided.
5.2 The rental period may be extended by mutual agreement. However, it is extended only if the landlord agrees to this extension on the part of the tenant. A request for extension must be received by the Lessor in due time, no later than 1 week before the rental period, and must be approved by the Lessor in writing. An extension is only possible under the condition that the rental property is available for further rental. Any rental fees incurred as a result of the rental extension shall be borne by the Lessee.
5.3 A continuation of the use of the rental object after the expiry of the rental period is objected to.
5.4 The rented item will be sent to the Lessee to the shipping address provided by the Lessee no later than 1 day before the agreed day of the rental.
5.5 The return of the rented item shall be effected either by returning it to the Lessor’s business premises at the Lessee’s own expense or by sending it back by shipping service provider on the following working day of the rental period. For this purpose, the Lessor shall enclose an already stamped return label to the Lessee. Unfree returns will be charged to the renter subsequently.
5.6 If the rental object is not returned in accordance with the contract, a stand fee of € 100 per day of delay shall be payable to the lessor. A tacit extension of the lease pursuant to. § 545 BGB is excluded. In addition, § 546a of the German Civil Code (BGB) shall apply with the proviso that the right to claim further damages is reserved.
The contractual rental period runs from the delivery or collection date confirmed in writing by the Lessor to the final date specified by the Lessee in the order. During the contractual rental period, ordinary termination of the rental relationship is excluded for both contracting parties. The right to extraordinary termination remains unaffected.
If the lessee cancels the contract concluded with telefon-mieten.de, the following costs for the cancellation of the service will be charged:
We rent electronic components. Despite intensive care and maintenance, they can unexpectedly suffer a defect and fail.
We therefore reserve an extraordinary right of termination in the event of a failure of an important main component or one or more subcomponents of the telephone recording device. In case of failure of one or more components of the telephone recording device, we will try to exchange and replace defective parts as soon as possible. If this is not possible, we can assume “force majeure” and unfortunately have to withdraw from the rental contract (extraordinary right of termination). This also applies until immediately before the set date for delivery to the tenant and in the event of system failure during the rental.
In the event of a system failure, we will refund the full rental amount including the deposit amount.
7.1 The Lessee undertakes to treat the rental object including accessories with care and to return it to the Lessor complete and undamaged. In case of damage (fire, theft, vandalism, etc.) the tenant is liable during the entire rental period. He shall be responsible for any deterioration that goes beyond normal wear and tear during proper use, insofar as he is at fault in this respect.
7.2 The Retro phones must only be connected to the supplied power bank to maintain a constant voltage. Connecting to another power source (220 volts) is not allowed. A malfunction of the telephone due to improper power connection cannot be claimed as a defect.
7.3 The Lessee undertakes to carefully pack the rental object including accessories in the transport case provided. Transport damage resulting from faulty packaging or packaging other than the original packaging shall be borne by the renter. If the original packaging is no longer usable for the return shipment, the Lessee shall contact the Lessor about the further procedure.
7.4 It is recommended to place the rental object in a quiet place (see point 4.6).
7.5 Damage caused by improper use by the Lessee will be charged to the Lessee.
Damages are claimed as follows:
8.1 The Lessee is prohibited from:
In case of non-observance of 2. and/or 3. Criminal charges are filed by the landlord against the tenant.
The rental object remains the property of telefon-mieten.de – Leifhelm Medien during as well as after the rental relationship.
10.1 The Tenant’s no-fault claim for damages due to a defect in the leased property pursuant to § 536 a para.1 BGB is excluded. The Lessor’s liability for damages in the event of a breach of material contractual obligations and in tort shall be limited to typically occurring and foreseeable damages, unless the Lessor is guilty of gross negligence or intent. The same applies if legal representatives or vicarious agents of the lessor act and cause damage. The liability for damages of the lessor as well as his legal representative or vicarious agent in case of breach of collateral duties is excluded, unless the lessor, his legal representative or vicarious agent is guilty of gross negligence or intent. Liability under the Product Liability Act remains unaffected.
10.2 The Lessee cannot hold the Lessor responsible for its own mistakes or the behavior of third parties.
11.1 The contractually agreed prices shall apply. Unless otherwise stated, the prices are net prices plus the applicable sales tax. The prices for renting Retro Audio guestbooks stated on the website https://telefon-mieten.de are gross and apply to one event. The included sales tax is shown separately during the payment process and in the invoice sent by the lessor. The shipment/return shipment of the rental item is free of shipping costs.
11.2 Unless otherwise agreed, payment obligations of the Lessee shall be due within 14 days after order confirmation / invoicing but no later than 14 days before the date of rental and shall be made to the account specified by the Lessor.
11.3 After expiry of the 14-day payment period, the Lessee shall be in default without the need for an express reminder. From the beginning of the delay, the Lessee is obliged to compensate the damage caused by the delay (e.g. costs for reminders, legal costs) as well as to pay default interest.
11.4 The rental price shall be based on the price agreed in the contract and shall be paid irrespective of whether the rental item has actually been used. Early return of the rental object does not cause any reduction of the rental price.
The data protection provisions apply, which can be read on the website https://telefon-mieten.de/datenschutzerklaerung/.
13.1 The law of the Federal Republic of Germany shall apply exclusively.
13.2 Should individual provisions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
2.1 In the case of company events or other events for business purposes, we are entitled to use the name and company logo of the lessee for advertising purposes as a reference, for example. on our website and/or our presences in social media or as part of individual presentations.
Status: November 2023
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