Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen der Mobil Show Vermietungs GmbH
FN 186478h (hereinafter referred to as “Mobil Show“)

A – Services of Mobil Show
Mobil Show rents out video trucks (multi-media vehicles) and LED/SMD video walls. The video truck is equipped with a multi-media contai- ner disposing of the technical equipment necessary for realising real-time transmission on a video wall and fading in background music in the framework of live events. At the same time, this multi-media container is equipped with a stage and an engineering room. It is possible to play picture carriers and/or sound carriers. The LED/SMD video walls enable the playing of picture carriers.

B – Basic Provisions

  1. Mobil Show rents out the video truck and LED/SMD video walls exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions may only be waived by mutual agreement and in writing. A waiver of the written form is again only possible in writing.
  2. With the conclusion of the agreement, the relevant renter acknowledges that he is aware of the General Terms and Conditions of Mobil Show and acknowledges them unconditionally as contents of the agreement.
  3. Correspondence between Mobil Show and the customer shall be realised exclusively by electronic mail unless the customer expressly requests another form of correspondence in writing!

C – Conclusion of Agreements

  1. All offers of Mobil Show shall be free and non-binding as long as they have not been agreed on in the framework of an agreement signed by both parties.
  2. So the written acknowledgement of an order on the part of Mobil Show is realised by means of the legally binding signing of a rental agreement.
  3. The term of the relevant agreement, the site of operation and the agreed price shall be speci" ed in a rental agreement in each case.

D - Knowledge of the Rented Equipment

  1. By signing the rental agreement and/or accepting the rental offer, the Renter declares that he is aware of all technical characteristics and requirements of the rented equipment. This refers to the exact measurements and the weight of the rented equipment as well as the technical functionalities.
  2. Mobil Show does not make available the picture material and/or sound material to be processed or played. It shall be made available by the Renter at his own cost and risk and be played by him on his own.
  3. The Renter declares in a binding manner that he disposes of all copyright authorisations with regard to material to be played and indem- ni" es and holds harmless Mobil Show in this connection at any rate
  4. The Renter is himself obliged to obtain all necessary of" cial permits for the use of the rental equipment in time. Should Mobil Show be made liable in this connection, The Renter shall indemnify and hold harmless Mobil Show.
  5. By acknowledging the rental agreement and/or accepting the rental offer, the Renter declares in a binding manner that the rental equip- ment must not be handed over, subleased or otherwise passed on to any third parties. The Renter is not authorised to transport the rented equipment to any other place than the one speci" ed in the agreement or to use it for any other purpose than the one originally agreed on either.

E – Term of Agreement

  1. The speci" c term of an agreement will be agreed on in the framework of a rental agreement to be concluded.
  2. The rental period is calculated on the basis of days, partial days being counted as entire days. The rental period will start at the time when the rental equipment is made available as agreed at the agreed place of installation of the Renter. It will end on the day on which the equipment is duly returned to Mobil Show.
  3. Should the rental equipment be returned late, the Renter is obliged to compensate for any damage caused by him. In particular, this also includes claims for damages or claims for a reduction of the rental fee of subsequent renters which are asserted due to non-performance or default.
  4. It is not possible to terminate a rental agreement limited in time. Only Mobil Show is entitled to terminate the rental agreement prematu- rely for good cause. Good causes include the following in particular:
    - if seizures or other foreclosure measures are initiated against the Renter; or
    - if bankruptcy or adjustment proceedings or conciliation procedures are applied for or initiated against the property of the Renter;
    - If the Renter uses rented equipment in a way that is contrary to the terms of the agreement or to the detriment of the rental equipment; or
    - if the Renter acts in a way that is contrary to the terms of the agreement in principle.

F – Passing of Risk

  1. When Mobil Show hands over the rental equipment to the Renter, the Renter assumes sole liability for any damage caused in this period of time until the equipment is duly returned to Mobil Show.
  2. The liability on the part of the Renter is irrespective of the party of fault and also comprises any type of accident, but also theft, misap- propriation, damage caused by third parties, vandalism, weather factors, natural disasters, acts of God and the like in particular.

G – Warranty and Damages

  1. Mobil Show warrants that the rental equipment is delivered to the place of installation as agreed and is made available to the Renter for use as per agreement. If a timely supply is not possible due to reasons that are not attributable to Mobil Show, the Renter will be exempted pro rata from the payment of the agreed rental fee if the rental equipment cannot be used. If the rented equipment is delivered late to the place of installation, the rental fee will be reduced pro rata according to the ratio of the delay to the term of the agreement.
  2. Mobil Show accepts no liability whatsoever for any consequential damage or lost pro" t which could result from a delayed delivery or a technical defect of the rental equipment for whatever reason. In such a case, only the rental fee to be paid by the Renter will be reduced pro rata according to the reduction of the duration of use.
  3. Mobil Show accepts no liability for material damage and personal injury that may result from the operation of the rental equipment, and especially no liability for interruption of operation of any kind.
  4. If the use of the rental equipment is not possible due to a technical fault, the agreed rental fee will be reduced pro rata. The reduction of the rental fee will be calculated on the basis of the ratio of the complete term of the agreement to the effective duration of use in this case as well. The Renter is obliged to prove in an unquestionable and objectivised manner that it was not possible to use the rental equipment. Further claims regarding any consequential damage caused by Mobil Show are excluded by mutual agreement.
  5. Suitable weather conditions are necessary for the use of the rental objective, and the Renter is informed about this in detail when the agreement is concluded. Mobil Show reserves the right to decide at any rate whether operation at the given weather conditions is possible. The Renter bears the entire risk regarding the weather. So the Renter is not relieved from the payment of the rental fee if use is not possi- ble due to unsuitable weather conditions.
  6. The Renter is solely responsible for the quality of the video sources to be made available by him, and so an insuf" cient play-back quality to be directly or indirectly attributed to the video source will be at the expense of the Renter.
  7. The Renter indemni" es and holds harmless Mobil Show regarding any damage to the agreed place of installation (such as crop damage etc.) as well. So the Renter assumes the risk of damage to the underground.
  8. The Renter assumes sole responsibility for compliance with applicable noise limits. This applies to all other event management regulati- ons as well. The Renter indemni" es and holds harmless Mobil Show in this connection.
  9. The Renter is also liable for the static conditions for the installation of the rental equipment, whether for the underground or a suspensi- on structure to which the rental equipment is af" xed.

H – Terms of Payment

  1. All invoices that have been made out are to be paid without deduction to the account of Mobil Show, account number 180-201122, bank sort code 17000, Bank für Kärnten und Steiermark, within seven days upon proper invoicing by Mobil Show.
  2. Any set-offs by the Renter against claims towards Mobil Show asserted by him are inadmissible. This ban on offsetting applies to any and all claims, even to legally enforceable claims.

I - Insurance
The Renter is obliged to take out insurance for the rented equipment against damage, destruction, loss and accidental loss to the amount of the new value of the rented equipment for the duration of lease. When the agreement is concluded, the Renter assigns the claims to com- pensation towards the insurance company to Mobil Show, notwithstanding his ongoing obligation to repair the damage at his own expense and to indemnify and hold harmless Mobil Show.

J – General Provisions

  1. Every contractual relationship between Mobil Show and a renter is subject to Austrian law, the applicability of which is herewith agreed on by the Parties. Only the provisions of the Austrian International Private Law Code are excluded from that (IPRG).
  2. Any disputes arising from this Agreement will be settled exclusively before the competent court of law in Graz.