General Rental Conditions
(„GTC“)
1. Scope of Application
(1) These General Terms and Conditions of Rental („GTC“) apply to all rental agreements,
the initiation of rental agreements, in particular bookings, reservations as well as
deliveries, returns and all reciprocal service obligations after the termination of a
respective rental agreement between Ranger Navigational Rental UG (limited liability),
Wendenstrasse 309, 20537 Hamburg „the Lessor“ and the lessee, prospective lessees
and all other legal entity or persons who turns to the Lessor with the interest in renting
a device offered by Lessor (all of the mentioned entities or persons are referred
to hereafter as the Lessee“.
(2) General terms and conditions of business of the Lessee shall be excluded, in particular
insofar as they partly or completely contradict these GTC.
(3) Individual agreements made in individual cases between the Lessee and
the Lessor (including side agreements, supplements and amendments) shall take
precedence over these GTC, insofar as they are contained in a written contract or
confirmation by the Lessor in writing or text form (e. g. by e-mail).
2. Conclusion of Contract and Subject Matter of Contract
(1) The offer to enter into a rental agreement is the Lessee’s order. Orders of the Lessee shall be placed at least in text form (e. g. by e-mail). The Lessee is bound to his order for five calendar days.
(2) A rental agreement shall only come into existence upon receipt of an order confirmation from the Lessor in writing or text form (usually the rental certificate or delivery note) or by handing over the rental object to the Lessee if the handover is effected by the Lessor or by the Lessor’s vicarious agents and at the Lessor’s behest.
(3) The Lessor’s order confirmation determines the content and scope of the Lessor’s contractual services, unless otherwise stipulated in these GTC.
(4) Rental Object within the meaning of these General Terms and Conditions shall be every single object which the Lessor provides in performance of a rental agreement. In particular, the terms and conditions of these GTC shall also apply to connectors, cables, antennas and packaging materials (excluding cardboard) which are handed over to the Lessee upon delivery of the device.
3. Surrender and Handover to the Lessee
(1) As a rule, the Rental Object shall be handed over to the shipping agent or the Lessee’s shipping company. With the handover to the person named in sentence 1, the transfer of use to the Lessee is deemed to have taken place.
(2) The costs of delivery of the Rental Object to the shipping agent and/or the shipping company shall be carried by the Lessor.
(3) If the Lessee or a representative of the Lessee expressly requests delivery of the Rental Object directly to the vessel, the Lessee shall state the exact location of the vessel, namely at least the country and city in which the vessel is located, the estimated time the ship is expected to lay in the dock , the clearly identifiable berth, as well as the name, address, telephone number and e-mail address of the vessel´s agent and the telephone number of the vessel. In this case, the place of delivery shall only be binding in this case if the Lessor expressly agrees to the delivery to the ship.
(4) Costs in connection with the direct delivery of the Rental Object to the vessel or to another agreed place within a customs port shall be carried by the Lessee.
4. Rental Period and Cancellation
(1) The rental period to be remunerated begins on the day of handover by the Lessor to the company or person entrusted with transport to the Lessee. If the delivery is carried out by several service providers, the rental period to be remunerated („the Rental Period“) shall apply upon handover to the first service provider entrusted with the transport to the Lessee.
(2) The minimum Rental Period is one week.
(3) The Lessee shall be obliged to take delivery of the rented object on the agreed date and, if applicable, at the agreed time. If the Lessee does not accept the Rental Object at the agreed time, the Lessor has the right to withdraw from the contract or to terminate the contract and to rent the Rental Object elsewhere in accordance with the statutory provisions of the German Civil Code and the German Commercial Code, as well as to invoice the Lessee for the costs of the attempted delivery.
(4) The Lessee’s right of use ends at the end of the agreed Rental Period. It shall also terminate upon receipt of an effective notice of termination and expiry of the notice period and in accordance with Section 8 of this Clause.
(5) If the Lessee continues to use the Rental Object even after the end of his right of use, the rental agreement shall not be extended by this, unless the Lessor has expressly and at least in text form agreed to a corresponding request by the Lessee, if the Lessee’s request is made at least four full calendar days prior to the expiry of the agreed rental period.
If the Lessee’s enquiry is made later than four calendar days prior to the expiry of the agreed rental period, the Lessee shall pay the daily rent for each calendar day or part thereof until the Lessor’s enquiry and declaration of consent in accordance with the Lessor’s price list valid at the time of conclusion of the contract.
(6) The Lessee shall be obliged to pay a fee for each additional day or part thereof on which the Rental Object is located in the Lessee’s area of power after termination of the rental agreement in the amount of one day’s rent in accordance with the price list valid at the time of conclusion of the contract.
(7) The Lessor shall be entitled to assert further (damage) compensation claims.
(8) If the parties have not specifically determined the duration of the Rental Period at the time of conclusion of the rental agreement, the rental agreement shall end with the return of the Rental Object, provided that the Lessee notifies the forthcoming return of the Rental Object at least one week in advance in text form („Return Period“). Without prior notification of the imminent return, the Rental Period shall continue to run after the return of the Rental Object and shall end upon expiry of the Return Period.
(10) In the case of an indefinite rental period, the Lessor is entitled to termination notice of one week.
(11) The right of both parties to terminate the contract for compelling reasons in accordance with the statutory provisions of the German Civil Code shall remain unaffected.
5. Remuneration
(1) The remuneration is to be paid in advance for each individual Rental Object and for the agreed Rental Period in advance by bank transfer to the account of the Lessor specified in the order confirmation.
(2) If the rental takes place for an indefinite period of time, the remuneration for each individual Rental Object is to be paid in advance for each commenced rental week by transfer to the account of the lessor specified in the order confirmation. In the case of rental for an indefinite period of time, payment is due in advance for four weeks upon delivery of the Rental Object.
(3) The amount of the remuneration shall be based on the price list in the form valid at the time of conclusion of the contract.
(4) The costs of delivery shall be borne by the Lessee insofar as they are customary and reasonable. They are shown separately in the invoice.
(5) The Lessor’s remuneration and all reimbursements of costs and other payments to the Lessor shall be made exclusively in euros.
6. Offsetting and Right of Retention of the Lessee
(1) The Lessee shall only be entitled to set-off with undisputed or legally enforceable claims.
(2) The Lessee shall only be entitled to exercise a right to refuse performance or a right of retention vis-à-vis claims of the Lessor in an amount that is in reasonable proportion to his counterclaims. Furthermore, the exercise of a right of retention is only permissible if the counterclaim of the Lessee is based on the same contractual relationship with the Lessor.
7. Default of Payment
(1) The Lessee shall be in arrears with the first payment of the rent if he does not pay the full rent for the respective period at the latest three days after the commencement of the rental period and the provision of the Rented Object. The Lessee is in default with a subsequent rent payment if he does not pay the rent for the respective rental week on the first day of the respective rental week.
(2) The Lessor is entitled to demand default interest in the amount of 9
percentage points above the respective basic interest rate of the
European Central Bank in case of default of payment by the Lessee. In
addition, the lessor may demand compensation for damages caused by delay
in the amount of at least EUR 40.00 (§ 288 para. 5 BGB). The assertion
of a higher default damage remains unaffected.
8. Return of the Rental Object
(1) At the end of the Rental Period and termination of the Rental Agreement, all leased Rental Objects shall be returned to the Lessor immediately.
(2) Returns are made by sending the Rental Object to the lessor’s address at the expense and risk of the lessee.
(3) The Rented Object (including all accessories) must be sent back to the lessor in a shatter-proof and shockproof package.
(4) The Lessee shall bear the transport and shipment risk up to the place of destination, namely the Lessor’s address. It applies accordingly to the return of the „Delivered Duty Paid“ to Incoterm 2010.
(5) Delays in the return shipment shall be borne by the Lessee. If more than 7 calendar days have expired between the end of the rental period and the date of return (delivery by the Lessor) the Lessee must pay 50 % of the daily rental fee according to the price list valid on the day of conclusion of the contract for each additional day or part of the delivery delay, unless neither the Lessee nor the transport person commissioned by him is responsible for the delay. Any further claims for damages on the part of the Lessor shall remain unaffected. The lessee is at liberty to prove a lesser damage.
9. Notification of Defects and Warranty Claims
(1) The Lessee shall notify the Lessor immediately of any defects occurring during the Rental Period. The same applies to damage caused by external influences and theft or other loss of a Rented Object.
(2) The Lessee and his auxiliary persons must check immediately on receipt of the order confirmation and on handover whether the Rental Object is compatible with the vessel on which it is to be used. The unreserved acceptance on the part of the Lessee specifies the rented object to the person who has been delivered. If acceptance is subject to reservation, the Lessee must immediately inform the Lessor whether and for what reasons the Rental Object is not compatible with the vessel.
(3) Defects that occur during the Rental Period and for which the Lessee is not responsible shall be resolved by the Lessor at his own expense, insofar as removal is economically reasonable, in particular due to the distance to the Lessor’s registered office.
(4) The Lessee’s claims based on obvious defects of the rented object shall be excluded in any case, unless the Lessee notifies the Lessor of the defect upon delivery.
(5) If the replacement of the equipment is necessary due to a defect for which the Lessee is not responsible, the Lessor shall bear the reasonable and necessary costs for the provision of a replacement equipment up to the time of the next possible termination of the rental agreement (termination period or expiry of the agreed rental period). Prior to procurement of a replacement device from a third party, the Lessee must give the Lessor the opportunity to provide the replacement device himself.
(6) The Lessor does not assume any liability for the fact that the Lessee is able to use the rented object made available in accordance with the contract according to his own ideas and for the purpose intended by him.
10. Duties of the Lessee
(1)
The Lessee may only use the hired object in an orderly, proper and
customary manner and must treat it properly and professionally, maintain
it and read the operating instructions before putting it into operation
and take them into account when using it. The Lessee may only use the
hired object with the attachments and accessories provided by the
Lessee.
(2)
The Lessee is responsible for the proper connection and assembly of the
rented object. The Lessee shall inspect the rented object in accordance
with the specifications in the rental agreement.
(3)
The Lessee shall connect, assemble and use the Rental Object in
accordance with the specifications in the operating instructions of the
manufacturer of the Rental Object.
(4)
The Lessee undertakes to operate, connect and assemble the Rental
Object only by professionally trained persons who are familiar with the
proper handling of the Rental Object or similar objects.
(5)
The Lessor shall not owe the Lessee – in addition to handing over the
operating instructions – any advice on the use and operation of the
Rental Object. The Lessor shall not be liable for information on the
installation and use of the equipment.
(6)
Repair and maintenance work as well as any repairs and technical
changes to the rented items shall be carried out exclusively by the
Lessor.
(7) Any transfer of use to third parties is not permitted without the express prior consent of the Lessor.
(8)
The Lessee hereby assigns his claims against third parties arising from
a permissible or an inadmissible transfer of use to the Lessor on
account of performance. The Lessor accepts the assignment.
(9)
The Lessee shall reimburse the Lessor for any costs and expenses
arising from the pursuit and assertion of claims against third parties.
(10)
The Lessee shall notify the Lessor immediately of any theft/loss or
damage to the Rental Object by the Lessee or third parties and shall
take all measures necessary to reduce the damage and preserve evidence.
In addition, he is obliged to provide the Lessor with the best possible
support in further processing and clarification of the damage at all
times.
(11)
If a third party executes in the Rental Object, the Lessee shall inform
the Lessor immediately and mark the Rental Object as the property of
the Lessor.
(12)
The Lessee shall – even after termination of the rental agreement –
keep the Rental Objects in a safe place and – as far as possible –
protect and secure them against harmful environmental influences and
unauthorised interference by third parties, in particular through theft,
damage and unauthorised commissioning (obligation to take care of
them).
(13) In the event that the Lessee provides incorrect or incomplete information on the place of delivery as defined in Section 3 para. 3 of this contract, and the Rental Object cannot be delivered as a result thereof, the Lessee shall pay the daily rent for each calendar day or part thereof until delivery of the Rental Object to the Lessor’s registered office, in accordance with the Lessor’s price list valid at the time of conclusion of the contract, unless the Lessor has not promptly arranged for the return of the Rental Object upon notification of deliverability and/or the Lessee and/or his vicarious agents have not caused the Lessor and/or its vicarious agents to make the same. The Lessor reserves the right to claim higher damages. The Lessee is at liberty to prove that the actual damage incurred is lower due to incorrect or incomplete information.
11. Liability of the Lessor
(1) For damages of any kind, which are caused intentionally or grossly negligently, the Lessor is liable without limitation.
(2) For injuries to life, body or health, the Lessor shall also be liable without limitation for damage caused by ordinary negligence.
(3) In all other respects, the Lessor’s liability is excluded.
(4) However, this limitation of liability shall not affect liability for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on which the other party may regularly rely (cardinal obligations), whereby liability shall be limited to compensation for the typically foreseeable damage.
(5) The limitation of liability according to this clause shall apply accordingly in favour of the legal representatives, employees and other vicarious agents of the Lessor.
(6) The Lessor’s liability, regardless of fault, for initial defects in accordance with § 536 a para. 1 sentence 1 of the German Civil Code (BGB) shall be excluded.
12. choice of law, place of performance, place of jurisdiction
(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the CISG.
(2)
The place of performance for all claims arising from this contract is
the legal seat of the Lessor, unless otherwise agreed in writing or in
text form or if these General Terms and Conditions of Business provide
otherwise.
(3)
If the Lessee is a merchant as defined by the German Commercial Code,
the place of jurisdiction for all disputes arising from this contract is
Hamburg. The same shall apply if the Lessee who is a merchant does not
have a general place of jurisdiction in the Federal Republic of Germany
or if his place of residence or habitual abode is unknown at the time
the action is brought.
(4) The Lessor is entitled to sue the Lessee at his registered office.