1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of computermiete.de GmbH & Co. KG (hereinafter "Lessor"), apply to all rental contracts that a consumer or entrepreneur (hereinafter "Lessee") concludes with the Lessor with regard to the rental items presented by the Lessor on its website at https://www.computermiete.de using means of distance communication (e.g. telephone, fax, e-mail, letter) exclusively by means of individual communication within the meaning of Section 312j (5) sentence 1 BGB. The inclusion of the tenant's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
2.1 The contract is concluded by offer and acceptance. The rental items described on the Landlord's website do not constitute binding offers on the part of the Landlord and cannot be rented directly via the Landlord's website. The landlord provides the tenant with an online contact form on his website, which the tenant can use to send a request for a specific offer to the landlord. The tenant can also send a non-binding inquiry to the landlord by telephone, fax or letter.
2.2 The Lessor shall send the Lessee a binding offer to rent the rental item previously selected by the Lessee from the Lessor's range immediately after receipt of the Lessee's request by e-mail, or by fax or letter if requested separately. The Hirer may accept this offer by fax, e-mail or letter within a reasonable period of time specified in the Lessor's offer, taking into account the desired rental start date. If the tenant does not accept the landlord's offer within the specified period, the landlord is no longer bound by his offer and can freely dispose of the rental object again. The landlord shall again specifically point this out to the tenant in his offer.
3.1 The Lessor offers the following delivery options:
3.2 Both the collection of the rental object by the Lessee and the delivery of the rental object by the Lessor shall take place by appointment.
3.3 If delivery of the rental item by the Lessor has been agreed and delivery to the Lessee is not possible, the Lessee shall bear the costs of the unsuccessful delivery attempt. This does not apply if the tenant is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the landlord had given him reasonable advance notice of the service.
3.4 If, in addition to delivery, the installation and commissioning of the rental object by the Lessor has also been agreed, the Lessee must create the spatial and technical conditions required for the installation and operational readiness of the rental object, which the Lessor shall inform the Lessee of in good time before delivery of the rental object.
4.1 The prices stated on the Lessor's website are final prices that include statutory German VAT. Any additional delivery and shipping costs will be indicated separately on the website and in the Lessor's offer.
4.2 The rent includes the remuneration for the provision of the rental object as well as for its maintenance and repair. The supply of consumables shall be remunerated separately where applicable.
4.3 Adjustments and/or modifications made to the rented property at the request of the tenant shall be remunerated separately, unless they are necessary for the maintenance or repair of the rented property or to ensure its contractual use.
4.4 If the agreed contract term for the rental is more than three months, the rent shall be paid monthly in advance by the fifth working day of each month at the latest, unless otherwise agreed. The obligation to pay the rent shall commence upon delivery by the Lessor in accordance with Clause 3. For the month in which the rental item is delivered, the rent shall amount to 1/30 of the amount agreed as rent in the contract form for each day following delivery.
4.5 If the agreed contract term for the rent is no more than three months, the rent shall be paid in advance for the entire contract term, unless otherwise agreed. Otherwise, clause 4.4 shall apply accordingly.
4.6 The Landlord is entitled to increase the rent for the first time after the expiry of twelve months after conclusion of the contract with three months' written notice to the end of the month if and to the extent that his material and personnel costs incurred for the maintenance of the rented property have increased. The tenant has the right to terminate the tenancy agreement within a period of six weeks after receipt of the announcement of a rent increase. In the event of a reduction in the corresponding material and personnel costs of the landlord, the tenant may demand a corresponding reduction in the rent after expiry of the period specified in sentence 1.
4.7 In the case of clause 4.5, payment of the rent can be made in advance (by means of an advance bank transfer) or by credit card, depending on the agreement. In individual cases, payment on account with a payment term of eight days is also possible by separate agreement.
4.8 Any additional delivery and shipping costs incurred shall be debited from the Tenant's bank account with the first month's rent in the case of clause 4.4. In the case of clause 4.5, they must be paid together with the rent. In the case of self-collection, no shipping costs will be charged.
4.9 To secure its claims, the Lessor reserves the right to demand security from the Lessee in the form of a sum of money (deposit), the amount of which shall be determined by the Lessor and communicated to the Lessee in the Lessor's offer in accordance with Section 2.2. The amount of the security to be provided by the Tenant shall be based on the market value of the rented property. The security deposit shall be paid by the Tenant in advance. Clause 4.7 applies accordingly to the payment of the security deposit.
4.10. If the Tenant returns the rented property at the end of the tenancy in proper condition and with all accessories, the Landlord shall transfer the deposit paid by the Tenant to the Tenant's account within seven calendar days, unless the Tenant requests a cash payment. The tenant must provide the landlord with his bank details for this purpose.
4.11. If the Tenant does not return the rented property in full or in proper condition, or if the rented property is permanently lost, the Landlord shall retain the corresponding amount from the deposit to cover its loss, provided the Tenant is responsible for this. The landlord reserves the right to claim higher damages if the deposit is not sufficient to cover the damage.
5.1 The rented property may only be used for the contractually agreed purposes.
5.2 Transfer of use by the tenant to third parties is permitted within the scope of the contractual use.
5.3 If, in addition to the provision of hardware, the Lessor also owes the provision of software in accordance with the content of the contract, the following shall also apply to the provision of the software: For the installed operating system and any additionally rented Office licenses, the license terms of Microsoft shall apply in accordance with the "End User License Terms" provided, for compliance with which the Lessee shall be responsible. If the rented item is passed on or sublet, the lessee is obliged to present the Microsoft license terms to the end user of the software and have them signed by the end user. In addition to the operating system software, specific user software will only be installed by the lessor if the lessee provides this to the lessor in good time before the start of the rental period. In this respect, the lessor shall only be responsible for installing the software, unless otherwise agreed. The lessee shall be responsible for compliance with the license terms applicable to the user software provided to the lessor by the lessee for the purpose of installation.
6.1 The Lessee must treat the rental object with care and protect it from damage. He shall follow the Lessor's maintenance, care and operating instructions to the extent reasonable. Markings on the rental object, in particular signs, numbers or inscriptions, may not be removed, altered or made unrecognizable.
6.2 The Rental Firm has taken out electronics insurance for the rental item. The Hirer shall be liable for any loss of the rental item due to theft for which he/she is responsible and for any damage to the rental item for which he/she is responsible with a deductible of € 500 per insured event. In the case of notebooks and projectors, the insurance cover only applies if the anti-theft cable supplied is used and only with the restriction that the lessee's excess relates to each individual rental item. Damage to the rented item caused intentionally by the tenant as well as scratch and scrape damage to glass surfaces caused by negligence that goes beyond the normal wear and tear of the rented item are excluded from the insurance cover.
7.1 The Landlord is entitled to make changes to the rented property, provided that these serve the purpose of maintenance. Improvement measures may only be carried out if they are reasonable for the Tenant and do not impair the contractual use of the rented property. The landlord must inform the tenant of such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these shall be reimbursed by the landlord.
7.2 Changes and additions to the rented property by the Tenant require the prior consent of the Landlord. This applies in particular to extensions or installations. Upon return of the rental object, the tenant shall restore the original condition at the landlord's request.
8.1 The Lessor is obliged to keep the rental object in a condition suitable for use in accordance with the contract for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures shall be carried out - where necessary - at regular maintenance intervals and when defects, faults or damage occur. The Lessor shall be granted the necessary access to the rented property for this purpose.
8.2 The Lessee must notify the Lessor immediately of any defects, faults or damage.
8.3 Defects shall be remedied by rectifying or repairing the rented property free of charge. The Lessor shall be granted a reasonable period of time for this purpose. With the Tenant's consent, the Landlord may replace the rented item or individual components of the rented item for the purpose of remedying the defect. The Tenant shall not unreasonably withhold its consent to this.
8.4 Termination by the tenant pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the contract is only permissible if the landlord has been given sufficient opportunity to rectify the defect and this has failed. It can only be assumed that the rectification of defects has failed if it is impossible, if the landlord refuses or unreasonably delays it, if there are reasonable doubts about the prospects of success or if it is unreasonable for the tenant for other reasons.
8.5 The Tenant's rights due to defects are excluded if the Tenant makes or has made changes to the rented property without the Landlord's consent, unless the Tenant proves that the changes have no unreasonable impact on the analysis and rectification of the defect for the Landlord. The tenant's rights due to defects remain unaffected, provided that the tenant is entitled to make changes, in particular within the scope of exercising the right of self-remedy in accordance with Section 536a (2) BGB, and these have been carried out professionally and documented in a comprehensible manner.
9.1 The strict liability of the Landlord pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.
9.2 Otherwise, the Lessor shall be liable to the Lessee for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses as follows:
9.2.1 The Lessor shall be liable without limitation for any legal reason
9.2.2 If the Lessor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with Section 9.2.1. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
9.2.3. Otherwise, liability of the lessor is excluded.
9.2.4. The above liability provisions also apply with regard to the liability of the lessor for his vicarious agents and legal representatives.
10.1 The tenancy shall commence on the date contractually agreed by the parties and shall be concluded for a fixed term. An extension of the tenancy beyond the contractually agreed termination date requires a separate agreement between the parties.
10.2 The right of each party to extraordinary termination for good cause remains unaffected.
10.3 The termination must be in text form to be effective.
11.1 At the end of the contractual relationship, the Lessee must return the rental object to the Lessor in proper condition and with all accessories. If the return is made by shipment, the Lessee must ensure that the item is properly packaged. Furthermore, the Lessor recommends that the Lessee obtains a confirmation of receipt from the parcel service, on which the name of the driver and the exact number of packages are noted in legible form.
11.2 When the rented property is returned, a report shall be drawn up in which any existing damage and defects in the rented property are recorded. The tenant must reimburse the costs of restoration in the event of damage or defects for which he is responsible.
11.3 If the Lessee is obliged to return the rental item under the contract, it shall bear the costs for the return transportation of the rental item, unless otherwise agreed.
11.4 If the rental period is measured in days, the rental object must be returned no later than the day on which the rental period ends. If the end of the rental period falls on a Saturday, Sunday or public holiday, the rental object must be returned on the following working day at the latest. The receipt of the rented property by the landlord is decisive for compliance with the deadline. This shall apply accordingly in the case of a rental period measured in weeks or months, with the proviso that the end of the rental period refers to the last day of the week or the last day of the month. Unless otherwise agreed between the parties, the rental object can only be returned to the Lessor's business premises during the Lessor's normal business hours (Monday - Friday, 9.00 a.m. - 5.00 p.m.), the address of which will be notified to the Lessee.
12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
12.2 If the Lessee acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Lessor. If the Lessee is domiciled outside the territory of the Federal Republic of Germany, the Lessor's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Lessee's professional or commercial activity. In the above cases, however, the lessor is in any case entitled to appeal to the court at the lessee's place of business.
12.3 The contract language is German.
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.