All Terms and Conditions
Rental · B2B
General Rental Agreement Terms and Conditions
Your Rental Obligations at a Glance
Return NotificationIn text form by 2:00 PM on the last rental day at the latest – e.g., via email to info@biberger.de.
Place of UseThe lessee is liable for ground conditions, access routes, and official permits.
Loss & TheftDeductible: at least 25% of the new list price. Full liability in case of gross negligence.
Maintenance ObligationCheck operating fluids, strictly observe warning messages (e.g., particulate filter).
Table of Contents
- § 1 – Scope of Application
- § 2 – Rights & Obligations
- § 3 – Rental with Operating Personnel
- § 4 – Rental without Operating Personnel
- § 5 – Handover of the Rented Equipment
- § 6 – Defects upon Handover
- § 7 – Limitation of Lessor's Liability
- § 8 – Lessee's Liability
- § 9 – Rental Price & Payment
- § 10 – Return
- § 11 – Maintenance Obligation
- § 12 – Termination
- § 13 – Statute of Limitations
- § 14 – Law & Jurisdiction
- W 1 – Right of Withdrawal (Private Customers)
- W 2 – Consequences of Withdrawal & Collection
- W 3 – Sample Withdrawal Form
§ 1
General – Scope of Application
- 1.1These General Rental Agreement Terms and Conditions apply to all offers and rental agreements for the rental of access platforms, construction machinery, construction equipment, industrial machinery, and other rented machines and accessories. Deviating conditions of the lessee will not be recognized.
- 1.2The conditions also apply to future contracts for the rental of movable goods with the same lessee.
- 1.3Individual agreements with the lessee take precedence over these rental conditions.
- 1.4All rental agreement offers are non-binding.
-
1.5These rental conditions are primarily intended for entrepreneurs, legal entities under public law, or special funds under public law as defined by § 310 (1) BGB.
For consumers as defined by § 13 BGB, sections W 1 to W 3 at the end of this document apply additionally.
§ 2
General Rights and Obligations of Lessor and Lessee
- 2.1The lessor undertakes to provide the lessee with the rented equipment for the agreed rental period.
- 2.2The lessee undertakes to use the rented equipment for its intended purpose and to observe all accident prevention, occupational safety, and road traffic regulations.
- 2.3In the event of incorrect orders due to false information provided by the lessee, the lessor is entitled to charge for incurred costs and downtime.
- 2.4The lessee is solely responsible for ground conditions, access routes, and the load-bearing capacity of the subsoil at the site of use.
- 2.5The lessee must obtain all necessary official permits themselves, unless these have been expressly taken over by the lessor.
- 2.6Use outside the Federal Republic of Germany requires the prior consent of the lessor.
§ 3
Conditions of Use for Rental with Operating Personnel
- 3.1For rentals with operating personnel, the rental price includes the rented equipment and the operating personnel, but not fuel and operating materials.
- 3.2If operating personnel is provided, the rented equipment may only be operated by them.
§ 4
Conditions of Use for Rental without Operating Personnel
- 4.1For self-drive rentals, the rental price includes only the rented equipment, without fuel or operating materials.
- 4.2Transfer of the rented equipment to third parties without the lessor's consent is prohibited.
- 4.3The rented equipment may only be operated by qualified personnel with a valid driver's license.
- 4.4In the event of traffic accidents or suspected criminal offenses, the police must be informed immediately, and the lessor must be notified.
- 4.5The lessee is obliged to carry out maintenance and care according to the operating instructions.
- 4.6Oil and battery levels must be checked regularly.
- 4.7For work such as sandblasting, welding, or concrete spraying, the equipment must be protected, and the lessor's consent must be obtained if necessary.
- 4.8The use of the rented equipment in environments with road salt, de-icing salt, mineral or artificial fertilizers, liquid manure, silage effluent, acids, alkalis, or other corrosive, caustic, or oxidizing substances, as well as their direct contact with the rented equipment, is prohibited. An exception applies only with separate, express written consent of the lessor for this specific use; the mere indication of the place of use or purpose of use by the lessee and a lack of objection are not sufficient for this.
- 4.9The lessee must observe clearance heights, weight, and transport restrictions.
- 4.10Unauthorized attachments may not be used.
- 4.11The rented equipment must be secured against theft and unauthorized use.
§ 5
Handover of the Rented Equipment
- 5.1The lessor hands over the rented equipment in perfect and operational condition.
- 5.2Delivery dates are only binding if they have been expressly agreed as fixed dates.
§ 6
Defects upon Handover
- 6.1The lessee may inspect the rented equipment before the start of the rental period and report defects.
- 6.2Obvious defects must be reported immediately in text form.
- 6.3The lessor remedies justified defects at their own expense or provides equivalent replacement equipment.
§ 7
Limitation of Lessor's Liability
- 7.1Claims for damages exist only in cases of intent, gross negligence, personal injury, or under product liability law. Otherwise, the lessor's liability for damages is excluded.
§ 8
Lessee's Liability
- 8.1The lessee is liable for damage to the rented item as well as for its loss or destruction, insofar as they are responsible for it. The lessee is not liable for normal wear and tear arising from contractual use.
- 8.2In the event of loss of rent due to damage or delayed return, the lessor may charge 90% of the agreed daily rental price per day of loss as liquidated damages. The lessee reserves the right to prove that no damage occurred at all or that it is significantly lower than the lump sum.
- 8.3Deductibles according to the rental agreement are to be borne by the lessee.
- 8.4In the event of loss or theft, the lessee is liable, insofar as they are responsible for it, for the replacement value of equivalent equipment in comparable condition (current value). If a machinery breakdown insurance with a deductible has been agreed in the rental agreement, the lessee bears the deductible specified in monetary terms in the rental agreement in the event of an insurance claim.
- 8.5The foregoing liability provisions do not affect the lessee's liability for intent and gross negligence; in these cases, the lessee is fully liable (replacement value).
§ 9
Rental Price and Payment
- 9.1The rental calculation is based on a daily operating time of up to 8 hours (Monday to Friday). Weekend and multi-shift operation will be charged separately.
- 9.2Ancillary costs such as transport, loading/unloading, and cleaning will be charged separately. All prices are exclusive of statutory VAT; for consumers, prices are inclusive of VAT.
- 9.3Downtime due to inadequate preparation or false information from the lessee must be compensated.
- 9.4Invoices are due for payment immediately net.
- 9.5The lessor may demand advance payments or a reasonable deposit at any time.
§ 10
Return of the Rented Equipment
- 10.1The return must be notified in text form (return notification) by 2:00 PM on the last rental day at the latest.
- 10.2The rented equipment must be returned or made available for collection cleaned, fully refueled, and in operational condition.
- 10.3The lessee's duty of care continues until the actual acceptance by the lessor.
§ 11
Breach of Maintenance Obligation
- 11.1If the rented equipment is returned in a condition contrary to the contract, a payment obligation exists in the amount of the rental price until the completion of repair work.
- 11.2The lessee will be informed of the extent of identified defects and given the opportunity to check them. Repair costs will be stated in an estimated amount beforehand.
§ 12
Termination
-
12.1a) The rental agreement concluded for a specific rental period cannot generally be terminated prematurely by either party.
b) The same applies to the minimum rental period within the framework of a rental agreement concluded for an indefinite period. After the expiry of the minimum rental period, the lessee has the right to terminate the rental agreement concluded for an indefinite period with a notice period of one day.
c) For rental agreements concluded for an indefinite period without a minimum rental period, the notice period is
• one day if the rental price is agreed per day;
• two days if the rental price is agreed per week;
• one week if the rental price is agreed per month. - 12.2Extraordinary termination by the lessor is possible in case of payment default, abusive use, unauthorized transfer, or material breach of contract.
§ 13
Statute of Limitations
- 13.1Claims due to changes or deterioration of the rented equipment become time-barred after twelve months from return.
§ 14
Applicable Law and Jurisdiction
- 14.1The law of the Federal Republic of Germany applies.
- 14.2The place of jurisdiction for merchants and legal entities under public law is the lessor's registered office.
- 14.3The lessor is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Additions for Private Customers
W 1
Right of withdrawal (for consumers only)
- W 1.1You have the right to withdraw from this rental agreement within 14 days without giving reasons. The period begins on the day the contract is concluded. Timely dispatch of the withdrawal is sufficient to meet the deadline.
- W 1.2You can address your withdrawal informally to: Concept-B GmbH, Ludwig-Erhard-Straße 32, 84069 Schierling – via email to info@biberger.de, via fax to +49 (0)9451-9441523 or by post.
-
W 1.3Special notes on individually planned assignments: Aerial work platforms, forklifts and construction machinery are generally scheduled and reserved for you according to your specific requirements (e.g., working height, reach, load capacity, drive type, period of use).
Please note that we provide organizational services for this purpose even before the start of the rental (e.g., reservation, deployment planning, arrival and departure). If you exercise your right of withdrawal, an appropriate compensation for services already rendered and use already made may be charged within the framework of legal provisions.
- W 1.4Expiration in case of performance already begun: If you have expressly agreed that the rental service begins before the expiry of the withdrawal period (e.g., delivery on the next working day) and the service has been fully rendered, the right of withdrawal expires in accordance with § 356 (4) BGB.
W 2
Consequences of withdrawal
- W 2.1In the event of an effective withdrawal, we will refund all payments made by you without delay, at the latest within 14 days from receipt of your withdrawal, using the same payment method. You will not incur any additional costs.
- W 2.2Proportional remuneration for commenced rental: If you have agreed to the provision of services before the expiry of the withdrawal period, you will pay a proportional amount for the period actually used until withdrawal.
- W 2.3No return required by you: Since we deliver and pick up aerial work platforms, forklifts and construction machinery ourselves, you are not obliged to return them yourself. In the event of withdrawal, we will organize the pickup. Any transport costs incurred shall be borne by the lessor, unless there is fault on the part of the lessee.
W 3
Sample withdrawal form
- W 3.1The following form is voluntary. An informal email or letter with the sentence "I hereby withdraw from my rental agreement dated [Date]" is entirely sufficient.
Sample withdrawal form
To: Concept-B GmbH, Ludwig-Erhard-Straße 32, 84069 Schierling, info@biberger.de
I hereby withdraw from the rental agreement concluded by me for:
Concluded on:
Name:
Address:
Date:
