General Terms and Conditions

§ 1 Basis, Acceptance
Each rental is exclusively subject to the following conditions, which the hirer acknowledges by signing the rental agreement/delivery note/quote. Any conditions deviating from these conditions by the hirer explicitly do not apply. The rental company, Dietl Fabian & Plank Lucas GbR, is entitled to withdraw from the contract at short notice in individual cases if justified doubts arise regarding the hirer’s solvency or if other circumstances become known that must suggest that the rental agreement cannot be properly fulfilled by the hirer. Any claim for damages against the rental company is expressly excluded.

§2 Offers, Security Deposit

All offers made by Dietl Fabian & Plank Lucas GbR are fundamentally non-binding and subject to change. A legally binding contract is only established upon written order confirmation from Dietl Fabian & Plank Lucas GbR.

All offers and their contents are to be treated confidentially and are subject to mutual confidentiality.

The rental or service price is determined by the agreement in the confirmed offer. The rental fee is due in cash or via bank transfer before the collection of the rented items. The price for services is due either as advance payment or upon invoice after production via bank transfer. Any alternative payment method must be approved by Dietl Fabian & Plank Lucas GbR beforehand. New customers must present a valid ID card. Dietl Fabian & Plank Lucas GbR is entitled, in individual cases, to request a reasonable deposit.

§ 3 Equipment Rental
The rental period is at least one day, starting from the collection of the rented item and ending with the complete and flawless return of the equipment. Unless otherwise agreed in writing, the return must be made by the close of business on the business day following the last day of the calculated rental period. The agreed rental period must be strictly adhered to; any unauthorized extension will result in incurred damages (e.g., additional rentals for the next use), at least one extra day of usage will be charged. The hirer has the burden to prove that no or less damage has occurred. At the end of the rental period, the rented items must be returned to the rental company at the agreed location in a clean, organized, and flawless condition. If the return is agreed to be picked up by Dietl Fabian & Plank Lucas GbR from the hirer’s location, it is the hirer’s responsibility to ensure their presence at the agreed pickup location and that the equipment is organized and ready. Assistance in loading the vehicle by a helper is assumed if the quantity of equipment requires it.

If any of these conditions cannot be met, it must be documented in writing before concluding the rental agreement, and a solution must be documented in writing. If the driver from or on behalf of Dietl Fabian & Plank Lucas GbR cannot leave within a reasonable time (e.g., due to delayed dismantling), additional days of usage, a reasonable hourly rate for the driver and compensation for damages may be charged to the hirer.

The hirer undertakes to handle the rented devices and accessories carefully and to use them only for their intended purpose. The hirer is fully liable for damages, including but not limited to, falling, transport damages, overloading, insufficient ventilation, overvoltage, voltage fluctuations, weather effects, equipment contamination, third-party interference, or mishandling by inadequately qualified personnel, unless such damage is caused by a person associated with Dietl Fabian & Plank Lucas GbR. The same applies to the loss of equipment. This liability begins upon delivery of the equipment and ends upon the return and inspection of all equipment by Dietl Fabian & Plank Lucas GbR. This liability also applies to events supervised by personnel from Dietl Fabian & Plank Lucas GbR. For events with supervision, unless otherwise agreed, the hirer is obliged to ensure the surveillance of the equipment by a professional security company. If equipment is rented without personnel, the hirer is solely responsible for complying with all safety regulations, especially UVV and VDE.

§ 5 Weather Conditions
For events taking place outdoors, the hirer or client is responsible for adequate protection against weather conditions such as rain, storms, etc., through suitable coverings and safeguards. These protective measures must be clarified with Dietl Fabian & Plank Lucas GbR well in advance of the event. The rental company can also arrange this with early commissioning and at a cost. This applies to stages, loudspeaker boxes, lighting systems, mixing console stations, power distributors, etc. The hirer is fully liable for damages caused to the equipment due to insufficient covering or protection from weather effects. Additionally, they bear the costs for potentially necessary rental of replacement equipment.

§ 6 Damages, Loss
The hirer is obliged to immediately report any malfunctions, damages occurring during the rental period, or the loss of rental items to the rental company. Additionally, theft of equipment must be promptly reported to the nearest police station.

It is important to note that for interchangeable items such as cables or clamps, the exact items received must be returned to ensure consistent quality and the safety of the equipment.

Dietl Fabian & Plank Lucas GbR is not obligated to instruct the hirer on the proper setup and operation of the equipment and therefore is not liable for any damages caused to living beings, objects, buildings, or nature. If the hirer is unable or does not feel competent to properly use or set up the equipment, they are responsible for seeking guidance from Dietl Fabian & Plank Lucas GbR regarding the proper usage or refraining from use and setup. Dietl Fabian & Plank Lucas GbR reserves the right to dissolve the rental contract at any time if doubts arise regarding the hirer’s ability or individuals hired by the hirer. Consequently, the hirer cannot claim damages. If this contract termination occurs after the equipment has been issued, the rental company may claim the agreed-upon compensation.

§ 7 Receipt of Equipment
The hirer has the opportunity to inspect the operational condition of the equipment and its accessories at the handover location before accepting them. If the hirer does not take advantage of this opportunity, they expressly acknowledge the proper condition. Acceptance is considered confirmation of the flawless condition and completeness of the equipment.

§ 8 Reservation

Reservations are valid only if the equipment and the date have been confirmed in writing by the rental company. Subsequent complaints cannot be considered.

§ 9 Cancellation
In case of cancellations of confirmed orders, the following portions of the project total will be charged as cancellation fees: Over 30 days before the project commencement or collection time: 20% of the confirmed order total; 30 to 10 days: 50%; 9 to 7 days: 80%. For cancellations within the last 6 days before the event commencement, the full order total is due. The same applies in the event of non-collection of rented equipment. These fees apply to both pure equipment rental and personnel services as well as complete projects.

§ 10 Rental company or its Employees
Except for violations of essential contractual obligations, the rental company is liable only for gross negligence (i.e., intent and gross negligence).

§ 11 Ownership of Dietl Fabian & Plank Lucas GbR
All rented equipment and accessories remain the unrestricted property of Dietl Fabian & Plank Lucas GbR. Any resale or subletting without the consent of Dietl Fabian & Plank Lucas GbR is prohibited. An exception to this is described in §13. The same applies if enforcement procedures such as reminders, seizures, etc., are carried out against the customer.

§ 12 Reservation of Amendment
The rental company reserves the right to make minor changes to equipment listed in offers, order confirmations, or rental agreements, while ensuring adequate functionality.

§ 13 Transfer to Third Parties
Commercial hirers are entitled, within the scope of their business operations, to provide the rental items to suitable third parties for proper use. This transfer is documented by a handover protocol jointly signed by the hirer and the third party. The hirer expressly holds liability towards the rental company for damages arising from this use. The rental company must be informed by the hirer in advance about any transfer to third parties. Dietl Fabian & Plank Lucas GbR reserves the right to cancel the rental contract if there are justified objections to a transfer to third parties.

§ 14 Cleaning
The rented equipment, cables, etc., must be returned by the customer in a flawless, cleaned, and functional condition.

If cleaning touch-ups or a service by Dietl Fabian & Plank Lucas GbR or by the manufacturer are necessary, these costs will be charged to the customer (at the normal hourly rate plus cleaning materials or passing on the costs when the service is carried out by third parties).

§ 15 Personnel Services

(1) The client (recipient of the service) must ensure the safety of the booked personnel and guarantee compliance with all labor and occupational safety regulations at all times. Accordingly, the client must ensure compliance with statutory working and rest periods. If industry-specific safety measures are required, the client must provide them. Excluded from this requirement are work clothes, safety shoes, gloves, helmets, and trade-specific work equipment (e.g., personal protective equipment for riggers), which serve safety purposes.

(2) For multi-day projects located more than 80km away from the headquarters of Dietl Fabian & Plank Lucas GbR, the client must arrange suitable accommodation, unless otherwise agreed upon. The location/hotel for accommodation must be coordinated in advance with Dietl Fabian & Plank Lucas GbR. For productions abroad, unless otherwise agreed upon in writing, the client is responsible for the costs of an economy class flight. If Dietl Fabian & Plank Lucas GbR handles the booking, the costs will be invoiced to the client. In case of any „off-days“ between the first and last project day in such multi-day projects, these will still be charged at the agreed daily rate. Exceptions to this must be agreed upon in writing before the start of production.

(3) Unless explicitly agreed upon differently in writing, travel times for journeys that do not take place on the project day will be rounded up to half or whole days and invoiced according to the agreed rates. This does not apply if the travel times fall within a calculated daily rate. If the maximum working hours are exceeded during travel on the project day, the additional expenses will be calculated according to the additional effort regulation (§15 (4)). If a car is used, a flat rate of €0.50 per km will be charged, and for a sprinter, it’s €0.80 per km. The calculation of distance and travel times is based on the headquarters of Dietl Fabian & Plank Lucas GbR, Vitztumstraße 19, 85368 Moosburg, unless otherwise agreed upon in writing. For multi-day assignments, both in Germany and other countries, where the staff stays in a hotel, the costs of necessary trips during the stay will be invoiced if they are not already covered by the client on-site. These necessary trips include, but are not limited to, journeys from the hotel to the event location and back, as well as journeys from train stations, airports, etc., to the hotel or event location and back. Trips are considered necessary even if the distance to be covered is less than 1km or other circumstances make movement on foot difficult (e.g., rain, heat, lack of footpaths). The basis for calculation is the locally paid prices for an appropriate, reasonable taxi. Trips conducted by the staff for private purposes outside working hours will not be charged.

(4) If the working hours for a daily or half-day rate exceed 4 hours or 8 hours, the additional effort, unless explicitly agreed upon differently in writing, will be invoiced per started hour at 1/8 of the agreed daily rate or 1/4 of the agreed half-day rate. If a different number of hours for a daily or half-day rate is agreed upon with the client, the additional effort costs per started hour will still be at 1/8 of the agreed daily rate or 1/4 of the agreed half-day rate. For more than 4 hours of additional effort within a day or shift, the double agreed daily rate will be invoiced.

(5) If, due to exceeding the agreed working hours, the personnel cannot return afterwards, the client may be charged accommodation costs to ensure the personnel’s safe return the following day. If, due to reasons not caused by our personnel but due to additional work on-site, a rest period of 11 hours or more is not possible, two hourly rates according to §15(4) will be charged for each started hour less.

(6) The client must provide sufficient catering for bookings that last longer than 5 hours. If this is not the case or if the catering cannot be used due to time or organizational reasons, the client will be invoiced for additional meal costs incurred or an appropriate meal allowance. Adequate catering means:

From 5 hours: 1 hot meal

From 8 hours: 1 hot and 1 cold meal

For multi-day assignments: 3 meals per day, at least one of which is hot

(7) As service providers, we perform specific tasks for our clients. To ensure the best quality, it’s crucial that specific personnel only perform specific tasks. A particular task for the personnel will be determined in advance of production commencement on every offer or communication. The client is not permitted to unilaterally change this task without written consent from Dietl Fabian & Plank Lucas GbR or compel the personnel to perform a different task or remain at the event location. This applies even after the agreed task has been completed. If this results in a free day, it may still be invoiced at the agreed daily rate. If, after the start of production, the personnel voluntarily agree to perform a different task than the agreed one, an additional daily rate for this different task can be invoiced without further consultation. This additional rate will not exceed the price of the daily rate for the agreed task. However, the daily rate for the agreed task may still be invoiced. If the personnel voluntarily agree to help with other tasks after completing the agreed-upon tasks, additional effort will be billed from the time of completion of the agreed-upon tasks.

(8) If additional costs arise for an earlier return of the personnel due to the premature end of production or early completion of tasks, these costs can be invoiced to the client. This also applies in case of extending the production period.

§ 16 Full Service

For Full-Service, unless explicitly agreed upon differently in writing, §15 applies.

For Full-Service productions, Dietl Fabian & Plank Lucas GbR is only responsible for compliance with regulations and laws concerning event and media technology. For all other regulations (e.g., escape routes or sanitary facilities), the organizer is solely responsible. If desired, Dietl Fabian & Plank Lucas GbR can provide advisory assistance in this regard. Damages caused by employees or authorized persons of Dietl Fabian & Plank Lucas GbR to equipment owned by Dietl Fabian & Plank Lucas GbR will not be invoiced to the client. Additional effort will only be invoiced if it was not caused by Dietl Fabian & Plank Lucas GbR or their employees.

§ 17 Performance

The place of performance for all disputes arising from this agreement is 85368 Moosburg. German law applies.

Should any of these conditions be or become ineffective or be contractually changed, this shall not affect the validity of the remaining conditions.