All Terms and Conditions
Rental · B2B
General Rental Terms and Conditions
Your Rental Obligations at a Glance
Notice of ReturnIn text form by no later than 2:00 PM on the final day of the rental period – e.g., via email to info@biberger.de.
Site of UseThe Lessee is liable for ground conditions, access routes, and regulatory permits.
Loss & TheftLiability, agreed deductible, and exclusions from limitation of liability pursuant to sections 8.3 to 8.5.
Maintenance DutyMaintenance and care in accordance with the operating manual; check oil and battery levels regularly.
Contents
- § 1 – General Provisions – Scope
- § 2 – General Rights and Obligations of the Lessor and Lessee
- § 3 – Terms of Use for Rentals with Operating Personnel
- § 4 – Terms of Use for Rentals without Operating Personnel
- § 5 – Handover of the Rental Equipment
- § 6 – Defects upon Handover
- § 7 – Limitation of Liability of the Lessor
- § 8 – Liability of the Lessee
- § 9 – Rental Price and Payment
- § 10 – Return of the Rental Equipment
- § 11 – Breach of Maintenance Duty
- § 12 – Termination
- § 13 – Statute of Limitations
- § 14 – Applicable Law and Place of Jurisdiction
- W 1 – Right of Withdrawal
- W 2 – Consequences of Withdrawal
- W 3 – Prices, Payment, and Securities
- W 4 – Model Withdrawal Form
§ 1
General Provisions – Scope
- 1.1These General Rental Terms and Conditions apply to all offers and rental agreements for the rental of aerial work platforms, construction machinery, construction equipment, industrial machinery, and other rental equipment and accessories. Deviating terms and conditions of the Lessee are not recognized.
- 1.2The terms also apply to future contracts for the rental of movable property with the same Lessee.
- 1.3Individual agreements with the Lessee take precedence over these rental terms.
- 1.4All rental contract offers are subject to change without notice.
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1.5These rental terms are primarily aimed at entrepreneurs, legal entities under public law, or special funds under public law in accordance with § 310 Para. 1 BGB (German Civil Code).
For consumers within the meaning of § 13 BGB, sections W 1 to W 4 at the end of this document apply additionally.
§ 2
General Rights and Obligations of the Lessor and Lessee
- 2.1The Lessor undertakes to provide the Lessee with the rental equipment for the agreed rental period.
- 2.2The Lessee undertakes to use the rental equipment as intended and to observe all accident prevention, occupational safety, and road traffic regulations.
- 2.3In the event of incorrect orders based on false information provided by the Lessee, the Lessor is entitled to charge for costs incurred and downtime.
- 2.4The Lessee is solely responsible for ground conditions, access routes, and the load-bearing capacity of the substrate at the site of use.
- 2.5The Lessee must obtain all necessary official permits themselves, unless these have been expressly assumed by the Lessor.
- 2.6Use outside the Federal Republic of Germany requires the prior consent of the Lessor.
§ 3
Terms of Use for Rentals with Operating Personnel
- 3.1For rentals with operating personnel, the rental price includes the rental equipment and the operating personnel, but not fuel and operating supplies.
- 3.2If operating personnel is provided, the rental equipment may only be operated by such personnel.
§ 4
Terms of Use for Rentals without Operating Personnel
- 4.1For self-drive rentals, the rental price includes only the rental equipment without fuel or operating supplies.
- 4.2Passing on the rental equipment to third parties without the consent of the Lessor is prohibited.
- 4.3The rental equipment may only be operated by qualified personnel with a valid driver's license.
- 4.4In the event of traffic accidents or suspected criminal acts, the police must be informed immediately, and the Lessor must be notified.
- 4.5The Lessee is obligated to perform maintenance and care in accordance with the operating manual.
- 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 rental equipment in environments with road salt, thawing salt, mineral or synthetic fertilizer, liquid manure, silage leachate, acids, alkalis, or other corrosive, caustic, or oxidation-promoting substances, as well as their direct contact with the rental equipment, is prohibited. An exception applies only with the separate, express written consent of the Lessor for this specific use; the mere mention of the location or purpose by the Lessee, as well as a lack of objection, is not sufficient for this.
- 4.9Clearance heights, weight restrictions, and transport limitations must be observed by the Lessee.
- 4.10Unapproved attachments may not be used.
- 4.11The rental equipment must be secured against theft and unauthorized use.
§ 5
Handover of the Rental Equipment
- 5.1The Lessor hands over the rental equipment in perfect and operational condition.
- 5.2Delivery dates are only binding if they are expressly agreed as fixed dates.
§ 6
Defects upon Handover
- 6.1The Lessee may inspect the rental equipment before the start of the rental and lodge complaints about defects.
- 6.2Obvious defects must be reported immediately in text form.
- 6.3The Lessor will rectify justified defects at their own expense or provide equivalent replacement equipment.
§ 7
Limitation of Liability of the Lessor
- 7.1The Lessor is liable without limitation in cases of intent and gross negligence, for culpable injury to life, body, or health, under the Product Liability Act, for fraudulent concealment of a defect, and within the scope of any warranty assumed.
- 7.2In the event of a slightly negligent breach of essential contractual obligations, the Lessor's liability is limited to the foreseeable, contract-typical damage at the time of contract conclusion. Essential contractual obligations are those whose fulfillment is fundamental to the proper execution of the contract and upon whose compliance the Lessee may regularly rely, in particular the timely provision of operational rental equipment.
- 7.3Otherwise, the Lessor's liability for slight negligence is excluded.
- 7.4The strict liability (liability without fault) of the Lessor for defects that already existed at the time of contract conclusion (§ 536a Para. 1 Alt. 1 BGB) is excluded. Section 7.1 remains unaffected.
- 7.5The above limitations of liability also apply for the benefit of the Lessor's legal representatives, employees, operating personnel, and other vicarious agents.
§ 8
Liability of the Lessee
- 8.1The Lessee is liable for damage to the rental equipment as well as for its loss or destruction, provided they are responsible for it. The Lessee is not liable for normal wear and tear resulting from contractual use.
- 8.2In the event of loss of rent due to damage or late return, the Lessor may charge 90% of the agreed daily rental price per day of downtime as flat-rate damages. The Lessee remains entitled to prove that no damage was incurred at all or that it is significantly lower than the flat rate.
- 8.3If a limitation of liability has been agreed in the rental contract for a separate fee, the Lessee is liable for damage, loss, or theft of the rental equipment only up to the amount of the deductible agreed in the rental contract per damage event.
- 8.4The limitation of liability according to section 8.3 does not apply in cases of intent. In cases of gross negligence, the Lessee is liable beyond the deductible in a ratio corresponding to the severity of their fault. The same applies if the Lessee breaches obligations under sections 4.2, 4.4, 4.8, or 4.11, unless the breach was not causal for the occurrence or the extent of the damage.
- 8.5If no limitation of liability is agreed, the Lessee is liable in the event of loss or theft, provided they are responsible for it, in the amount of the replacement value of equivalent equipment in a comparable condition (current 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.
- 9.2Incidental costs such as transport, loading/unloading, and cleaning will be charged separately. All prices are plus statutory VAT; for consumers, section W 3.1 applies.
- 9.3Downtimes due to inadequate preparation or incorrect information provided by the Lessee are to be compensated.
- 9.4Invoices are due for payment immediately upon receipt without deduction, unless a payment deadline has been agreed.
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9.5The Lessor may demand reasonable prepayment or a deposit at the time of contract conclusion or before handover of the rental equipment. The deposit may include the following amounts:
a) the expected rent for the next billing period, up to a maximum of one month, and
b) to secure claims for damage or loss of the rental equipment, an amount equal to the deductible agreed in the rental contract (section 8.3); if no limitation of liability is agreed, up to 7,500.00 EUR per piece of rental equipment.
The deposit will be refunded immediately after the return and inspection of the rental equipment and accounting, provided it is not offset against outstanding claims of the Lessor. -
9.6If a payment deadline has been agreed, the Lessor may shorten it to up to 7 days for future invoices during the rental period or demand billing at shorter intervals (e.g., weekly) if:
a) the Lessee is in default of payment,
b) circumstances become known after contract conclusion that raise justified doubts about the Lessee's solvency, in particular negative information from a credit agency or the reduction or cancellation of the credit limit for the Lessee by the Lessor's trade credit insurer, or
c) the rental period is extended by more than 25% compared to the rental period agreed at contract conclusion or – in the case of open-ended contracts – stated by the Lessee as the expected rental period.
The change must be communicated to the Lessee in text form. It applies to invoices received by the Lessee no earlier than 7 days after receipt of the notification. Invoices already received retain the originally agreed payment deadline. -
9.7If, after the conclusion of the contract, circumstances become known that raise reasonable doubts about the tenant's solvency, the landlord may demand that the rent for the remaining rental period be paid in advance – in the case of monthly billing, for the following month, otherwise for the next 14 days – or that security be provided up to the amount specified in clause 9.5. Such circumstances exist in particular in the event of
a) late payment by the tenant,
b) a negative report from a credit agency, or
c) the reduction or cancellation of the credit limit for the tenant by the landlord's trade credit insurer.
The request must be communicated to the tenant in text form. If the tenant does not comply within a reasonable period of at least 3 working days after receipt, the landlord may terminate the rental agreement extraordinarily without notice. The landlord's rights under Section 321 of the German Civil Code (BGB) and clause 12.2 remain unaffected. - 9.8The tenant may only set off claims that are undisputed or have been legally established or that are in a reciprocal relationship with the landlord's claim. The tenant may only exercise a right of retention due to claims arising from the same contractual relationship.
§ 10
Return of the rental equipment
- 10.1The return must be notified in text form (notice of readiness for collection) no later than 2:00 PM on the last day of the rental period.
- 10.2The rental equipment must be returned or made available for collection cleaned, fully refueled, and in operational condition.
- 10.3The tenant's duty of care remains in effect until the actual handover to the landlord.
§ 11
Violation of the duty of maintenance
- 11.1If the rental equipment is returned in a condition contrary to the contract, an obligation to pay the rental price exists until the repair work is completed. 11.2The scope of identified defects will be communicated to the tenant and they will be given the opportunity to verify them. Repair costs will be provided in advance as an estimate.
§ 12
Termination
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12.1For ordinary termination, the following applies:
a) A 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 in the context of an open-ended rental agreement. After the expiration of the minimum rental period, the tenant has the right to terminate the open-ended rental agreement with one day's notice.
c) For open-ended rental agreements 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. - 12.2Termination without notice by the landlord is possible in the event of late payment, improper use, unauthorized transfer to third parties, or material breach of contract, as well as in the case of clause 9.7.
§ 13
Statute of limitations
- 13.1Claims due to changes or deterioration of the rental equipment become statute-barred twelve months after its return.
§ 14
Applicable law and place of 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 registered office of the landlord.
- 14.3The landlord is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Additions for private customers
W 1
Right of withdrawal
- W 1.1You have the right to withdraw from this rental agreement within 14 days without giving any reason. The period begins on the day of the conclusion of the contract. The timely dispatch of the withdrawal is sufficient to comply with the deadline.
- W 1.2Please address your withdrawal informally to: Concept-B GmbH, Ludwig-Erhard-Straße 32, 84069 Schierling – via email at info@biberger.de, via fax at +49 (0)9451-9441523, or by mail.
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W 1.3Special notes on individually planned deployments: 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, rental period).
Please note that we provide organizational services for this even before the start of the rental period (e.g., reservation, deployment planning, delivery and collection). If you make use of your right of withdrawal, reasonable compensation for services already rendered and for use already taken place may be charged within the framework of legal requirements. - W 1.4Expiry in case of already commenced performance: If you have expressly agreed that the rental service should begin before the end 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 Section 356 (4) BGB.
W 2
Consequences of withdrawal
- W 2.1In the event of an effective withdrawal, we will refund all payments received from you without delay, no later than 14 days from the date we receive your withdrawal, using the same means of payment. You will not incur any additional costs.
- W 2.2Pro-rata remuneration for commenced rental: If you have agreed to the provision of the service before the end of the withdrawal period, you will pay a pro-rata amount for the period actually used until the withdrawal.
- W 2.3No return required by you: Since we deliver and collect aerial work platforms, forklifts, and construction machinery ourselves, you are not obligated to return them independently. In the event of withdrawal, we will organize the collection. Transport costs incurred will be borne by the landlord, provided there is no fault on the part of the tenant.
W 3
Prices, payment, and security
- W 3.1Final prices: All prices quoted to you are final prices including statutory VAT.
- W 3.2Right of termination in case of changed payment terms: If we shorten an agreed payment period pursuant to clause 9.6 b) or c) or demand a prepayment or security pursuant to clause 9.7, you may terminate the rental agreement with immediate effect within 7 days of receiving our notification. We will then collect the rental equipment. The rent incurred up to the point of termination remains due.
- W 3.3Proof of lesser damage: Insofar as we charge costs, downtime, or idle times on a flat-rate basis under these rental conditions (especially pursuant to clauses 2.3, 9.3, and 11.1), you remain permitted to prove that no damage or significantly less damage was incurred by us.
W 4
Sample withdrawal form
- W 4.1The following form is voluntary. An informal email or letter stating "I hereby withdraw from my rental agreement dated [Date]" is completely sufficient.
Sample withdrawal form
To: Concept-B GmbH, Ludwig-Erhard-Straße 32, 84069 Schierling, info@biberger.de
I hereby withdraw from the rental agreement I concluded for:
Concluded on:
Name:
Address:
Date:
Signature (only if notified on paper):
