General rental conditions
§ 1 Contractual Partner and Term of Contract
§ 1.1 Contractual Partner
(1) Contractual partners are the lessee (hereinafter "lessee") and TRAINALYZED GmbH, David-Gilly-Straße 1 | 14469 Potsdam | Germany (hereinafter "lessor"). Upon delivery of a rental item of the Lessor (hereinafter "Rental Equipment"), a contract is created between the Lessee and the Lessor. In the case of a booking via the website https://trainalyzed.com, the provisions of the General Terms and Conditions of TRAINALYZED GmbH shall apply to the conclusion of the contract and the online booking per se. For the rental of the rental equipment and the resulting rights and obligations, on the other hand, these rental conditions apply.
(2) The lessor is obliged to provide the lessee with a rental device in a usable condition for the duration of the contract. The lessee is obliged to pay the agreed rental price upon conclusion of the contract. The prices valid at the time of rental shall apply.
§1.2 Duration of contract and liability for delay
(1) The rental contract for the rental equipment is concluded for a period selected at the time of rental.
(2) If there is a delay in returning the equipment, the rental contract shall be extended by 7 days.
(3) (3) If the lessee does not return the rental equipment to the lessor at the end of the agreed rental period - even if this is not his fault - the lessor is entitled to demand a fee as compensation for use for the duration of the withholding. This charge shall amount to 50% of the original invoice amount for a previously agreed rental period of up to 14 days, otherwise to 50% of the agreed monthly rent. The corresponding late fees are shown on the invoice.
(4) The assertion of further damages is not excluded if the lessee is responsible for the delay.
§ 1.3 Early return
(1) If a lessee returns the rental equipment before the contractually agreed end of the rental period, he/she shall not be entitled to a refund of the difference.
(2) The right to extraordinary termination for good cause remains unaffected.
§2 Use and Return of the Rental Equipment / Notification of Damage and Other Obligations
§ 2.1 Condition of the Rental Equipment and Unauthorised Use
(1) The Lessor shall provide the Rental Equipment to the Lessee in a proper and serviceable condition and cleaned.
(2) The lessee confirms that he/she has familiarised himself/herself with the operation of the rental equipment and with the technical devices.
(3) The lessee is obliged to use the rental equipment carefully and professionally.
(4) The lessee is prohibited from using the rental equipment under the influence of drugs or alcohol.
(5) The lessee is prohibited from making any modifications or other interventions on the rental equipment.
§2.2 Obligation to notify
(1) Should damage occur during use, whether due to fault or not, the tenant shall notify the landlord of such damage without delay. In doing so, the lessee has the duty to inform the lessor of all details of the occurrence of the damage.
(2) If damage results in the rental equipment no longer being fit for use, the lessor shall provide the lessee with an equivalent rental equipment as a replacement. Liability in accordance with clause 3 remains unaffected.
§ 2.3 Exchange
(1) In the event of an exchange of the rental equipment, the lessor is entitled to charge one month's rent, unless the exchange is based on a defect already present at the time of handover.
(2) In the event of a change to a higher price category, the difference must be paid.
(3) If a change is made to a lower category, there is no entitlement to a refund of the difference.
§2.4 Duty to report theft and accidents
(1) In the event of theft or accident, the Hirer must immediately notify the Rental Firm or call it in. Otherwise, the Hirer shall be liable to the Rental Firm for any damage resulting from the breach of this obligation.
§ 2.5 Return
(1) The lessee is obliged to return the rental equipment at the end of the rental contract in the same condition in which it was handed over to him, apart from usual soiling.
(2) The return of the rental equipment shall take place on the last rental day by means of parcel post.
(3) Final cleaning is included in the rental price.
§ 3 Lessee's liability for damage and loss
§ 3.1 General liability of thelessee
(1) The lessee is liable to the lessor for negligent and intentional damage, loss and/or breaches of other contractual obligations occurring during the rental period.
(2) If, as a result of damage to the rental equipment for which the lessee is responsible, there is a concrete loss of rental income due to prolonged repairs, the lessee shall be liable for each day of repair (guideline price extension month).
(3) In the event of destruction of the rental equipment, liability shall be measured according to the current price of the corresponding rental equipment according to the current sales price list of the Lessor.
(4) In the event of wilful or grossly negligent damage, the lessee shall be liable in particular for repair costs and spare parts.
(5) Further damages remain unaffected.
§3.2 Liability in the event of theft
(1) The Hirer shall also be liable to the Rental Firm for theft or other loss of the hired equipment. In the event of theft and loss, the Hirer shall be liable up to the amount of the respective current price of the Rental Firm's sales list. This limitation of liability shall not apply if the Hirer has caused the damage intentionally or through gross negligence.
§ 3.3 Reimbursement of the liability sum
(1) Should the rental equipment be recovered after theft, the Lessor shall reimburse the Lessee for the liability sum in accordance with clause 3.2, provided that in this case the rental equipment is still in a condition in which the Lessor can continue to rent it out at its reasonable discretion. The Lessor shall exercise the reasonable discretion from the point of view of a professional and, if necessary and as a gesture of goodwill, shall inform the Lessee of the basis for the decision.
§ 3.4 Additional equipment
(1) All rental equipment is equipped with the necessary accessories for use. Any missing parts must be paid for by the hirer on return.
(1) The Lessor shall take out equipment insurance for the rental equipment against equipment breakage and natural hazards. The flat rate for the equipment insurance is included in the rental price.
(2) The liability risk of the Hirer is not insured. Liability cover is only provided insofar as this is required by law.
(3) Damage to tyres and other wear parts are excluded from the scope of insurance.
(4) The renter's own contribution in the event of damage to rental equipment is EUR 100.
(5) The renter is liable without limitation for damage to the rental equipment caused negligently or intentionally.
§5 Final Provisions
(1) The exclusive place of jurisdiction for all present and future claims arising from the business relationship is Potsdam.
(2) If these General Terms and Conditions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.
(3) Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions, in particular those of the German Civil Code.
(4) Subsidiary agreements and additions to the contract require the written confirmation of the Contractor.