Versatile GmbH – Terms and Conditions

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal by the Lessor
4. Right of Withdrawal by the Consumer
5. Provision of the Rental Item
6. Rent and Payment Conditions
7. Security Deposit
8. Use of the Rental Item, Transfer to Third Parties
9. Obligations of the Lessee
10. Changes to the Rental Item
11. Maintenance Obligation of the Lessor, Rights of the Lessee in Case of Defects
12. Liability
13. Contract Duration, Termination of Rental Agreement
14. Return of the Rental Item
15. Applicable Law
16. Jurisdiction
17. Alternative Dispute Resolution

1. Scope and Definitions

1.1 These General Terms and Conditions (hereinafter “GTC”) of Versatile GmbH (hereinafter “Lessor”) apply to all rental contracts concluded by a consumer or entrepreneur (hereinafter “Lessee”) with the Lessor regarding the rental items displayed in the Lessor's business premises or on the Lessor's website. The inclusion of the Lessee's own terms and conditions is hereby objected to, unless otherwise explicitly agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters a legal transaction for purposes that are predominantly outside his trade, business or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 The rented items are available from the Lessor in the respective size either as individual items or only in small quantities (limited stock). As the stock is subject to constant change for reasons that the Lessor can neither control nor prevent (late return or return not in accordance with the contract by a previous Lessee), the Lessor's obligation to provide the rental item is limited to the stock available at the time. Under no circumstances does the Lessor have an obligation under the contract concluded with the Lessee to procure rental items outside this existing stock.   

1. Conclusion of contract

2.1 The rental items described on the Lessors website do not constitute binding offers on the part of the Lessor but serve to submit a binding offer for the conclusion of a rental agreement by the Lessee.

2.2 The Lessee shall carefully study and observe the Lessor's instructions for determining the size of the rental items on the website before placing an order.

2.3 The Lessee can submit the offer via the online order form integrated into the Lessor's website. After placing the selected rental items in the virtual shopping cart and going through the electronic ordering process, the Lessee submits a legally binding contractual offer regarding the rental items contained in the shopping cart by clicking the button that concludes the ordering process. The Lessee may also submit the offer to the Lessor in another form, provided that the order is placed at least in text form within the meaning of Section 126b BGB (e.g. email; social media communication).

2.4 The Lessor may accept the Lessee's offer within ten days,

- by sending the Lessee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Lessee is decisive in this respect, or

- by handing over the rented item to the Lessee, whereby the receipt of the rented item by the Lessee is decisive in this respect, or

- by requesting payment from the Lessee after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Lessor does not accept the Lessee's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Lessee is no longer bound by his declaration of intent.

2.5 The period for accepting the offer begins on the day after the Lessee sends the offer and ends at the end of the tenth day following the sending of the offer.

2.6 When submitting an offer via the Lessor online order form, the text of the contract shall be saved by the Lessor after the contract has been concluded and sent to the Lessee in text form (e.g. email, fax or letter) after the Lessee’s order has been sent. The Lessor shall not make the text of the contract available beyond this.

2.7 Before binding submission of the order via the online order form of the Lessor, the Lessee can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The Lessee can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 Order processing and contact are generally carried out by e-mail and automated order processing. The Lessee must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the Lessor can be received at this address. In particular, when using SPAM filters, the Lessee must ensure that all Emails sent by the Lessor or by third parties commissioned by the Lessor to process the order can be delivered.

1. Right of withdrawal of the lessor

If the Lessor's limited stock of rental items (see Clause 1.4) is exhausted after conclusion of the contract and before the rental item is handed over to the Lessee (see Clause 5), the Lessor shall be entitled to withdraw from the contract unless the Lessor is responsible for the exhaustion of the stock. The Lessor shall declare the withdrawal immediately by e-mail. In this case, the Lessee has the choice between the following two options:

(a) The rent will be refunded to the Lessee in full,

(b) The Lessee may make an offer to rent another rental object of his choice available according to the website for the same duration and receive a one-off discount of 20% on the rent stated on the website.

The Lessor will also point out this option to the Lessee in his declaration of withdrawal. If the Lessee does not make a selection decision within five days of receiving the Lessor's declaration of withdrawal by sending a corresponding return email to the Lessor, the rent will be refunded in full automatically and immediately. 

1. Right of withdrawal of the consumer

4.1 Lessee are generally entitled to a right of withdrawal.

4.2 Further information on the right of revocation can be found in the Lessor's revocation instructions.

1. Transfer of the rental object

5.1 The rental item is generally handed over by shipping to the delivery address specified by the Lessee (including hotels, if applicable) and to the pick-up locations specified on the website and selected by the Lessee (e.g. pop-up stores). In the event of shipment, the delivery address specified or selected in the Lessor's order process shall be decisive, unless otherwise agreed.

5.2 The Lessor shall only owe the Lessee a single delivery attempt (dispatch or collection). If the rental item is returned to the Lessor because delivery to the Lessee was not possible or collection was not made, the Lessee shall bear the costs of the unsuccessful shipment. This does not apply if the Lessee effectively exercises his right of withdrawal, if she is not responsible for the circumstance that led to the impossibility of delivery or if she was temporarily prevented from accepting the service offered, unless the Lessor had notified her of the service a reasonable time in advance.

5.4 The Rental Firm reserves the right to check the identity and age of the Lessee by means of a valid official photo ID when the Lessee collects the rental object. If the Lessee is not yet of legal age, the Lessor may make the provision of the rental item dependent on the written consent of the Lessee's legal representative.

5.5 If the Lessee does not collect the rental item personally but has it collected by a third party appointed by him, the Lessee must inform the Lessor of the identity of the third party beforehand. The Lessor reserves the right to check the identity of the third party by means of a valid official photo ID when the rental item is collected by a third party.

1. Rent and terms of payment

6.1 The prices stated on the Lessor's website are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately on the Lessor's website.

6.2 The rent includes the remuneration for the provision of the rental object as well as for its maintenance and repair.

6.3 Adjustments and/or modifications made to the rental object at the request of the Lessee shall be remunerated separately, unless they are necessary for the maintenance or repair of the rental object or to ensure its contractual use.

6.4 The rent shall be paid in advance for the entire term of the contract, unless otherwise agreed. The Lessee may choose between different payment methods for payment of the rent, which are specified on the Lessor's website. Any additional delivery and shipping costs incurred are to be paid together with the rent.

1. Deposit and contractual penalty for late return

7.1 To secure its claims, the Lessor requires the Lessee to provide security in the form of a sum of money (deposit), the amount of which is specified in the offer on the Lessor's website. The amount of the security to be provided by the Lessee depends on the market value of the rented property. The security deposit shall be paid by the Lessee in advance in the same way as the rent.

7.2 If the Lessee returns the rented property at the end of the rental period in proper condition and with all accessories, the Lessor shall return the deposit paid by the Lessee to the Lessee within seven calendar days. The Lessor may use the same means of payment to repay the deposit as the Lessee used to pay the deposit. 

7.3 The Lessee is aware that the punctual return of the rental object is of essential importance to the Lessor due to the limited stock of rental objects available to the Lessor (see Clause 1.4). If the Lessee returns the rented property more than one day late, a one-off contractual penalty of 10% of the rent shall be payable, unless the Lessee is not responsible for the delay. The Lessor is entitled to deduct this contractual penalty from the deposit. The Lessor reserves the right to assert further claims, in particular in accordance with Clause 13.4. 

7.4 If the Lessee does not return the rented property in full or in proper condition or if the rented property is permanently lost, the Rental Firm shall retain the corresponding amount from the deposit to cover its loss, provided the Lessee is responsible for this. The Lessor reserves the right to claim higher damages if the deposit is not sufficient to cover the damage.

1. Use of the rental object, transfer of use to third parties

8.1 The Lessee shall inspect the rented item for defects immediately after handing it over and report any defects it finds to the Rental Firm by e-mail. If the Lessee fails to carry out this inspection and/or fails to notify the Lessor immediately, its rights under Clause 10 shall remain unaffected, but the Lessee shall bear all additional costs for any express replacement requested by it.   

8.2 The rental object may only be used for the contractually agreed purposes and in compliance with the care and use instructions enclosed with the rental object or published on the website. The Lessee must treat the rental item with care and protect it from damage. Under no circumstances shall the Lessee clean or wash the rental item itself or have it cleaned by third parties, unless the contract expressly provides otherwise or the Lessor has given its consent. Markings on the rental object, in particular signs, numbers or inscriptions, may not be removed, altered or made unrecognizable. 

8.3 The rental object is provided for the exclusive use of the Lessee. Without the Lessor's permission, the Lessee is not entitled to transfer the use of the rental object to a third party, in particular to sublet or lend it.

1. Changes to the rental object

9.1 The Lessor is entitled to make changes to the rented property, provided that these serve the purpose of maintenance. Improvement measures may only be carried out if they are reasonable for the Lessee and do not impair the contractual use of the rented property. The Lessor must inform the Lessee of such measures in good time in advance. If the Lessee incurs expenses as a result of these measures, these shall be reimbursed by the Lessor.

9.2 Changes and repairs as well as the cleaning of the rental object by the Lessee require the prior consent of the Lessor. Upon return of the rental object, the Lessee shall restore the original condition at the Lessor's request.

1. Lessor's duty of maintenance, tenant's rights in the event of defects

10.1 The Lessor is obliged to maintain the rented property for the duration of the rental period in a condition suitable for use in accordance with the contract and to carry out the necessary maintenance and repair work. 

10.2 The Lessee must notify the Lessor immediately in text form (e.g. by e-mail) of any defects, faults or damage.

10.3 Defects shall be remedied by rectifying or repairing the rented property free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With the consent of the Lessee, the Lessor may replace the rented item or individual components of the rented item for the purpose of remedying the defect. The Lessee shall not unreasonably withhold its consent to this.

10.4 Termination by the tenant pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the Lessor has been given sufficient opportunity to rectify the defect and this has failed. It shall only be assumed that the rectification of defects has failed if it is impossible, if the Lessor refuses or unreasonably delays it, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the Lessee for other reasons.

10.5 The Lessee’s rights due to defects are excluded if the Lessee makes or has made changes to the rented property without the Lessor's consent, unless the Lessee can prove that the changes have no unreasonable impact on the analysis and rectification of the defect for the Lessor. The Lesse’s rights due to defects shall remain unaffected, provided that the Lesse is entitled to make changes, in particular within the scope of exercising the right of self-remedy in accordance with Section 536a (2) BGB, and these have been carried out professionally and documented in a comprehensible manner.

1. Liability

11.1 The strict liability of the Lessors pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.

11.2 Otherwise, the Lessor shall be liable to the Lessee for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

11.2.1 The Lessor shall be liable without limitation for any legal reason

- in the event of intent or gross negligence,

- in the event of intentional or negligent injury to life, limb or health,

- on the basis of a guarantee promise, unless otherwise regulated in this respect,

- due to mandatory liability such as under the Product Liability Act.

11.2.2 If the Rental Firm negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Lessor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Lessee may regularly rely.

11.2.3 Any further liability of the Rental Firm is excluded.

11.2.4 The above liability provisions shall also apply with regard to the Lessor's liability for its vicarious agents and legal representatives.

1. Term of the contract, termination of the rental period.

12.1 The rental period is concluded for a fixed term and ends automatically at the end of the agreed rental period. The Lessee will be informed of the rental period on the Lessor's website.

12.2 The rental period begins when the rental object is handed over to the Lessee.

12.3 The Lessee's right to extraordinary termination pursuant to Section 543 (2) sentence 1 no. 1 of the German Civil Code (BGB) for failure to grant use in accordance with the contract and the right of either party to extraordinary termination for good cause shall remain unaffected.

12.4 The termination must be in text form (e.g. e-mail) to be effective.

1. Return of the rental object

13.1 At the end of the contractual relationship, the Lessee must return the rented property to the Lessor in proper condition.

13.2 The Lessee must reimburse the costs of restoration in the event of damage or defects to the rental object for which he is responsible.

13.3 If the contract requires the Lessee to return the rental object, the Lessee shall bear the costs for the return transportation of the rental object, unless otherwise agreed.

13.4 If the agreed rental period is exceeded, the Lessee is obliged to pay the Lessor an amount corresponding to the agreed rental fee for each day the rental period is exceeded. The Lessor expressly reserves the right to claim the contractual penalty specified in Clause /.3 and any further damages.

1. Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

1. Place of jurisdiction

If the Lessee acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Lessor. If the Lessee is domiciled outside the territory of the Federal Republic of Germany, the Lessor's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Lessee's professional or commercial activity. In the above cases, however, the Lessor is in any case entitled to appeal to the court at the registered office of the Lessee.

1. Alternative dispute resolution

The Lessor is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.