Only the terms and conditions of the lessor shall apply.
The content and scope of the rental agreement shall be determined in writing and are non-binding.
Oral agreements are non-binding until confirmed in writing.
If any provision of these terms and conditions or of other agreements is invalid or becomes invalid, the validity of all other provisions shall remain unaffected.
2. Subject of the Rental
The rental items are the furniture and decorative items specified in the rental offer.
The rental items remain the property of the lessor.
The rental items are provided to the renter only for the agreed purpose (i.e., for normal use at the agreed event) and for the duration of the rental period (Sec. 3).
Any subsequent use of the rental items beyond the agreed return date is not permitted unless a subsequent contract has been concluded in writing with the lessor.
3. Rental Period
The rental period is specified in the rental offer.
The rental period begins with the handover of the rental items (Sec. 2) to the renter and ends with their return to the lessor, unless another termination time has been expressly agreed.
For extensions of the rental period not agreed upon at the time of the order, the lessor's written consent is required.
If the renter cannot return the rental items at the agreed time, the full rental price must be paid in addition. Claims for damages by subsequent renters may also arise.
4. Contract Content / Rental Prices / Rental Unit
The offers of the lessor are non-binding and require written confirmation by the lessor to become effective. In the case of contract conclusion, the renter is entitled to reduce the agreed order volume by up to 10% if the desired reduction is communicated in writing no later than four weeks before the agreed delivery. This entitlement does not apply in case of complete cancellation.
Rental prices are based on the current price list plus VAT and apply per rental unit, even if the rented items are returned early and/or unused.
For international transactions, the lessor reserves the right to adjust the applicable VAT.
Rental prices do not include delivery and pickup costs, unless explicitly agreed as an inclusive price.
Assembly and disassembly of rental equipment are not included in the rental price.
The rental prices listed on the website and in the price list apply to businesses and private individuals.
5. Withdrawal from Rental Agreement and Right of Termination
The goods are rented as seen.
The renter must inspect the delivered goods immediately upon receipt for visible defects.
In case of defective goods, the lessor has the right to replacement delivery or rectification. If only part of the delivered goods is defective, this does not entitle the renter to complain about the entire delivery. Minor complaints may only result in a price reduction. If replacement delivery or rectification fails, the customer may withdraw from the contract or reduce the price.
Claims for damages against the lessor are only recognized if the damage was caused intentionally or by gross negligence. In such cases, liability is limited to the typical contractual damage. Further claims, e.g., lost profits, are excluded.
The order must be canceled in writing by the renter. In case of cancellation after order placement, the following cancellation fees apply:
40% after booking.
50% of the order value if less than six months before the rental start.
75% of the order value if less than four months before the rental start.
100% of the order value if less than two months before the rental start.
If the lessor is forced to cancel the appointment due to external circumstances, he is obliged to provide adequate replacement. He is also responsible for organizing the event up to the event date. The invoice amount must still be paid to the lessor. If no adequate replacement can be found due to scheduling issues, the renter is exempt from payment. Already paid amounts must be refunded by the lessor without deductions.
6. Security Deposit
The lessor reserves the right to require a security deposit to cover loss and damage of the rental items. The deposit is at least 50% of the total order and will be refunded after rental end and verification of the completeness and integrity of the rental items.
7. Payment Terms
Nicole Miesch is entitled to issue interim invoices and request prepayment or a deposit up to the expected total invoice amount.
Unless otherwise agreed, invoicing and security deposit requests are issued with the order confirmation by Nicole Miesch (miet me at the wedding).
The total invoice amount is due no later than two weeks after the completion of the order.
The security deposit is due in cash upon collection for self-pickup.
The payment date is the date of credit to Nicole Miesch’s account (miet me at the wedding).
Nicole Miesch (miet me at the wedding) may refuse performance if payments are overdue until the invoices and security deposits are fully paid (right of retention).
For prepayment agreements, Nicole Miesch (miet me at the wedding) reserves the right to charge 50% of the rental price and additional costs if payment is not received on time.
The final invoice may include additional costs, replacement costs, or compensation for damages. The invoice may be offset with the security deposit. Payment is due immediately without deduction.
Nicole Miesch (miet me at the wedding) is entitled to claim subsequent costs if individual cost items were unknown at the time of initial invoicing.
8. Delivery / Pickup and Assembly / Disassembly Costs
Unless otherwise agreed, delivery of rental items is from the lessor’s warehouse. The address is stated in the order confirmation.
If delivery and pickup to an address specified by the renter are agreed, the costs listed in the offer apply.
Delivery and pickup do not include assembly or disassembly of the furniture. Assembly and disassembly by the lessor require a written agreement and the rates specified in the offer.
If delivery and pickup are agreed, they occur at the agreed time. If no time is specified, delivery and pickup follow the lessor’s schedule.
Fixed dates require express agreement and written confirmation by the lessor.
The lessor cannot be held liable for delayed deliveries due to force majeure.
Delivery is up to the first door at ground level. The renter must ensure that access paths are free of obstacles and level. Additional work or delays due to obstruction will be charged at €55/hour plus VAT. For pickup, items must be sorted and accessible at ground level. The renter is responsible for completeness. Costs for subsequent pickups are borne by the renter.
The renter is liable for any damage to the property or buildings caused by delivery/pickup.
The renter must check quantity and condition upon delivery and confirms with receipt the completeness and proper condition. If the check is waived, later complaints are excluded.
The renter or an authorized representative must be present at delivery. If neither is present at the agreed time, delivery is considered not accepted, and withdrawal conditions apply.
The lessor may replace ordered items with equivalent or higher quality items at the original price if unable to deliver the originally ordered items.
All measurements are approximate. The lessor reserves the right to reasonable deviations in size, shape, and color.
For self-pickup, the renter is responsible for verifying completeness and condition. Later complaints are excluded. The renter is responsible for proper transport using a closed vehicle.
If delivery is performed by the lessor and delayed due to force majeure, the lessor is not responsible for exceeding agreed deadlines. Transport is subject to the carrier’s general conditions.
If delivery is made by a third party, risk passes upon handover to the third party.
If the lessor is in delay with handover, compensation is limited to the agreed daily rental price.
9. Duty of Care, Inspection Rules, and Complaints
The renter must handle the rental items carefully and properly during the rental period.
Rental items must be protected from weather exposure.
The renter must ensure that rental items are not damaged by third parties. Loss or damage must be reported immediately.
For long-term rentals, items must be stored in a secure, dry room.
If special handling or operation is required, items must be used according to instructions and only by qualified personnel.
Advertising materials may only be attached with easily removable methods. Nails, screws, strong adhesives, or difficult-to-remove materials are prohibited.
Complaints must be reported immediately. Hidden defects must be reported as soon as discovered. If used despite defects, rental price may be reduced by a maximum of 50% if the defect was promptly reported and the lessor was given the opportunity to remedy.
The renter is aware that rental goods are used multiple times and may not always be new. Normal wear from rental use is not a reason for complaint.
By receiving the goods, the renter confirms defect-free delivery. Complaints about non-contractual performance must be made within 24 hours. Later complaints are not recognized.
10. Return
After the rental period, items must be returned in the same condition at the agreed time. Late return incurs daily usage compensation. Additional damages are reserved.
Early return does not terminate the rental and does not relieve the renter from obligations. Extra costs are borne by the renter.
If the order includes many items and full inspection on return is not possible, the lessor may perform inspection at its premises and guarantee no loss or damage occurs in the meantime. Results will be communicated promptly.
The renter must return items clean. Cleaning labor costs €55/hour plus VAT.
Textiles must be returned dry.
If returned in poor condition, Nicole Miesch (miet me at the wedding) may restore items at renter’s expense. Extreme damage or dirt will be charged additionally.
In case of loss, the renter pays replacement at four times the rental price. Repair costs are €55/hour plus VAT plus material costs.
11. Renter’s Liability
The renter is liable for damage or loss until items are returned. The lessor must be informed immediately. This also applies to theft or claims by third parties.
The renter is liable for damages caused by third parties.
Upon lessor’s request, claims against third parties must be assigned.
Repairable damages must be reimbursed (Sec. 10.7).
Non-repairable damages or loss are reimbursed at replacement cost (Sec. 10.7).
Outdoor events: the renter bears the weather risk.
No alterations may be made without lessor consent. Special markings must remain intact.
Rental items are not insured. Liability passes to the renter upon receipt. Insurance is recommended.
If the renter fails to return items despite notice (§ 326 BGB), the lessor may claim replacement costs of new items. Additional claims for delay remain reserved.
12. Lessor Liability
The lessor is not liable for direct or indirect damage resulting from the use of rental items by the renter, by third parties appointed by the lessor or renter, or from any defects or errors, unless caused intentionally or by gross negligence. In such cases, liability is limited to the rental price.
Liability for operational damage, lost profit, or consequential damages is excluded.
The lessor is not liable for force majeure.
If a defect occurs during use that the lessor is responsible for, the lessor may remedy it. If this is impossible, rent may be reduced up to the rental price of the defective item.
13. Right of Withdrawal and Consequences
The renter may withdraw from the contract concluded by paying a deposit within 14 days without giving reasons in writing (e.g., email or mail). The period begins upon receipt of this notice, but not before contract conclusion.
To meet the deadline, timely dispatch of the withdrawal to:
In case of valid withdrawal, received payments must be refunded within 30 days. The period begins upon sending the withdrawal for the renter and upon receipt for the lessor.
Otherwise, statutory regulations apply.
14. Final Provisions
Place of performance is Siegburg.
Jurisdiction for disputes arising from the rental contract is Siegburg, provided the renter is a business entity.
German law applies exclusively.
If any provision is invalid or unenforceable, the remainder remains valid. The invalid provision shall be replaced by a valid one achieving the intended economic purpose. These provisions also apply in case of gaps in the GTC.