Terms and conditions of rental

General Terms and Conditions (GTC) of apq stage GmbH for the Rental of Stage Platforms and Accessories

1. General
   • These General Terms and Conditions (hereinafter: GTC) of apq stage GmbH (hereinafter: Landlord) apply only to entrepreneurs within the meaning of §§ 14, 310 Abs. 1 BGB and exclusively to them. Conflicting terms and conditions of the tenant or those deviating from these GTC are not recognized. The landlord's terms and conditions shall also apply if the landlord, with knowledge of the tenant's conflicting terms and conditions, executes the delivery/rental to the tenant without reservation.
   • These GTC apply to all rental agreements for movable property concluded between the landlord and the tenant. This also applies in particular to future transactions.

2. General Rights and Obligations of the Contracting Parties
   • The landlord undertakes to lease the rental item to the tenant for the agreed rental period in exchange for payment of the agreed fee. The rental price is valid for the period specified in the order confirmation. For the rental period beyond that until the return of the rental item according to clause 10.3, billing will be calculated on a daily basis, unless otherwise agreed between the parties.
   • The tenant undertakes to prove their identity upon taking possession of the rented item by presenting a valid identity card or an equivalent identity document (e.g., a valid passport) to the landlord's employees and/or the respective transport personnel, to use the rented item only as contractually agreed and intended, to observe the relevant accident prevention and occupational safety regulations, to treat the rented item properly and return it cleaned at the end of the rental period, and to pay the agreed rent in advance or, if otherwise agreed between the parties, on the agreed due date.
   • The illustrations, consumption data, dimensions, etc. belonging to the respective rental agreement are only approximate, unless they are expressly designated as binding.

3. Handover of the rental property, default of the landlord
   • The landlord shall hand over the rented item to the tenant in proper, flawless, and operational condition. Unless otherwise agreed between the parties, the tenant shall collect the rented item from the storage location specified by the landlord. Upon collection, even if transportation is carried out using the landlord's vehicles, the risks of damage, loss, and transport shall pass to the tenant. If it is agreed that the landlord shall deliver the rented items, the risks shall pass to the tenant upon handover.
   • If the landlord defaults on handing over the rented property, the tenant may only withdraw from the contract if they have first set the landlord a reasonable grace period to provide the rented property. The tenant can only demand compensation for the delayed provision of the rented property if the landlord is at fault for the delayed provision of the rented property. The compensation is limited to the daily net rental price. The right to withdraw for other reasons remains unaffected.

4. Reservation and Pre-order
   • It is possible to reserve rental items. Upon conclusion of the contract, the date and period to which the reservation refers and for which the rental item will be available to the other party shall be specified in writing. If the tenant does not accept the reserved rental item at the agreed-upon time and for the agreed-upon period, the tenant shall nevertheless be obligated to pay the full rental fee. Saved expenses and any alternative rental income shall be deducted by the landlord.
   • Notwithstanding the foregoing, the tenant may cancel the reservation in writing to the landlord before the time the rental object is provided. The tenant shall then pay as a lump-sum compensation:

• 25 % of the net contract amount (agreed rental price excluding VAT) if the cancellation is made more than 30 business days before the date the rental property is made available;
• 50 % of the net contract amount (agreed rental price excluding VAT) if the cancellation occurs between the 15th and 30th business day prior to the date the rental property is made available;
• 75 % of the net contract amount (agreed rental price excluding VAT) if the cancellation occurs between the 5th and 15th business day prior to the date the rental property is made available;
• 100 % of the net contract amount (agreed rental price excluding VAT) if the cancellation occurs after the 5th business day prior to the date the rental property is made available. If the lessor claims the lump-sum compensation amount in such cases, the lessee may not raise the defense that the lessor saved expenses; likewise, the defense that the lessor failed to rent the property to another party is excluded.

5. Defects of the rented property
   • A defect in the rented property exists if its suitability for contractual use is nullified or impaired (lack of functional ability).
   • The tenant is obligated to inspect the rented property upon taking possession and to report any defects found in writing immediately.
   • A handover of the rented item with recognizable defects that significantly impair its intended use can no longer be objected to if these defects are not reported to the landlord immediately after inspection. If the tenant fails to report them, the goods are considered accepted and free of defects.
   • If a defect becomes apparent during the rental period, it must be reported to the landlord in writing immediately after discovery; otherwise, the rented object is considered to be in accordance with the contract, even with regard to a defect that becomes apparent later.
   • The landlord may, at their reasonable discretion, repair or re-supply defective parts of the rented property free of charge. The landlord is entitled to provide the tenant with a functionally equivalent rented property or to repair the defective rented property. A defect in the rented property does not entitle the tenant to withdraw from the contract. A right of withdrawal only exists if the landlord does not exercise their right to exchange the rented property and two repair attempts have failed. The right to a rent reduction remains unaffected. The landlord's liability for damages due to a defect in the rented property is excluded.

6. Landlord's Limitation of Liability
   • In cases of injury to life, body, or health, the landlord is liable for their own intentional or negligent breaches of duty, as well as for the fault of their vicarious agents and/or legal representatives.
   • Furthermore, claims for damages by the tenant against the landlord, for whatever legal reason, are excluded if the landlord, their legal representatives, and/or vicarious agents are guilty of simple negligence. However, this does not apply if essential contractual obligations are breached. In the event of a breach of essential contractual obligations, the landlord's liability is limited to compensation for typical, foreseeable damage.
   • Furthermore, the landlord's liability is excluded. To the extent that the rented property cannot be used by the tenant in accordance with the contract due to omitted or faulty instructions from the landlord and/or their vicarious agents or legal representatives, the provisions in sections 5 and 6 shall apply accordingly, to the exclusion of any further claims by the tenant.
   • Claims for damages against the landlord are excluded if the tenant has not reported the damage immediately. The tenant must provide the landlord with all requested information and documents substantiating the damage without being prompted. If the tenant fails to provide proof by submitting documents and/or records that substantiate the damage, the landlord's liability shall also be extinguished even if they would otherwise be obligated to compensate under the above provisions.

7. Payment of rent, security deposit
   • The agreed-upon rent is to be paid in advance or, if otherwise agreed between the parties, on the agreed due date. Payment must be made cashless by bank transfer to a bank account of the landlord to be specified by the landlord.
   • All prices stated by the landlord are net prices. They are payable plus the applicable value-added tax.
   • The landlord is entitled to a security deposit and/or equivalent security that is reasonable in relation to the value of the rental property. Details regarding this will be regulated separately in the respective rental agreement. If the tenant does not pay the security deposit on time, the landlord may withdraw from the contract without prior notice and/or a grace period being required. In this case, the landlord reserves the right to claim further damages resulting from the tenant's breach of contract. A paid security deposit may not be offset by the tenant as an advance payment of rent due or as compensation for damages in the event of a claim. Upon termination of the lease, the landlord is entitled to offset amounts owed by the tenant against the security deposit. The security deposit will be refunded once it is established that the tenant has fulfilled all their obligations.
   • Notwithstanding any security provided for in Section 7.3, the Lessee assigns to the Lessor, who accepts such assignment, its claims against its clients—for whose orders the leased property is used—in an amount equal to 110% of the Lessee’s rental receivables, as security.

8. Set-off, right of retention, assignment
   • Set-off against the landlord's rent claims is only permissible with undisputed or legally established counterclaims of the tenant. The same applies to the exercise of any retention rights of the tenant.
   • The landlord is entitled to assign his claims against the tenant. The landlord objects to any prohibition on assignment to the contrary.

9. Other tenant obligations
   • The tenant is obligated and assures that he will: • treat the leased item with care, protect it from overuse and third-party access; • familiarize his personnel, assistants, and/or other persons who operate the leased item on behalf of and/or under the responsibility of the tenant with the operating instructions and/or (other) instructions provided by the landlord, which are attached to or otherwise handed over or made available with the leased item, and ensure compliance with them; • carry out proper and professional maintenance and care of the leased item at his own expense. Page 1 of 2 Page 2 of 2
   • The tenant is obligated to immediately notify the landlord of any damage to the leased property during the lease term and to present the leased property to the landlord after damage has occurred. In the event of damage to the leased property, the landlord is entitled to carry out the repair himself at the tenant's expense or have it carried out by a selected specialist company.
   • The landlord is entitled to inspect the rented property at any time, or have it inspected by an authorized representative, after prior agreement with the tenant.
   • The tenant undertakes to pay all expenses, taxes (including taxes for the use of public areas), and fines incurred by the landlord in connection with the use of the leased property by the tenant or third parties.
   • If this is legally necessary, the tenant must ensure, at their own expense, that they have the required permits and approvals in good time before the delivery of the rented item.
   • The tenant undertakes to defend claims of third parties in relation to the rented property at their own expense and to immediately inform the landlord in writing thereof, as well as to indemnify the landlord from any claims by third parties related to the use of the rented property.
   • Subletting and providing the premises to third parties is only permitted with the prior written consent of the landlord. If the tenant violates this provision, the landlord is entitled to terminate the contract with the tenant without notice and to demand the agreed-upon rent as damages. The damages also include any additional profit the tenant makes from an unauthorized sublet.
   • If third parties assert rights to the rented property through seizure, confiscation, or other alleged claims, or if they take possession of the rented property, whether authorized or unauthorized, the tenant is obligated to inform the landlord immediately. This notification must be made in writing or via email. At the same time, the tenant is obligated to notify in writing of the landlord's ownership and to provide the landlord with a copy of this notification. The tenant is obligated to reimburse the landlord for all costs incurred in recovering the rented property and, upon the landlord's request, to pay an appropriate advance for legal prosecution costs. The landlord is entitled to terminate the contractual relationship extraordinarily and without notice if the tenant does not adequately or sufficiently assert the landlord's rights in accordance with the preceding provisions.
   • The assertion of further damages in the cases of the aforementioned breaches of contract remains reserved for the landlord.

10. Return of the rental item
    • The tenant is obligated to return the rented item to the landlord unsolicited and at their own expense at the contractually agreed-upon time. The rented item must be returned to the landlord or their employees, or any other person authorized to accept the rented item.
    • If the rental item has been handed over for an indefinite period (without an end date), the tenant is obliged to notify the landlord in writing or by email at least two working days in advance of the intended return of the rental item (written notification of availability). The tenant must pay the contractually agreed rent until the final delivery to the landlord or until the rental item is collected by the landlord.
    • The rental period ends on the day the rented item, along with all parts necessary for its operation, is returned to the lessor in proper and contractual condition. The day of receipt by the lessor counts.
    • The tenant is obliged to return the rented property to the landlord by the agreed-upon date in the condition in which they received it at the beginning of the tenancy. The tenant must return the rented property cleaned and packaged as it was upon receipt. Additional work required due to insufficient or no packaging and/or cleaning may be charged to the tenant by the landlord.
    • The rental property will be inspected at the landlord's business premises after it has been returned. If the tenant wishes to be present during the inspection, they must notify the landlord in sufficient time for an appointment to be arranged for the inspection (within 24 hours of return).

11. Damage and loss
    • The tenant must take appropriate measures to secure the rented property against theft.
    • Damage to the rented property that occurs during the period of the tenant's possession of the rented property must be reported to the landlord in writing immediately, but no later than 48 hours.
    • In case of theft or loss of the rented item, the tenant is obligated to inform the landlord immediately upon discovery, at the latest within 24 hours, and to report the theft to the police without delay. Subsequently, the tenant must provide the landlord with a copy of the police report. In the event of loss or theft, the end date of the rental agreement is considered to be the date indicated as the loss date according to the police report. The rental relationship for other items covered by the same rental agreement will continue.
    • In case of theft or total economic loss of the rented item, the tenant is obligated to compensate the landlord for the damage at the replacement value. If repair of the damaged rented item is possible, the tenant is obligated to reimburse the associated repair costs. The same applies to damage/theft of components and/or accessories of the rented item. Furthermore, the tenant is obligated to compensate the landlord for all other resulting damages (e.g., expert fees, lost profits).
    • If a rented item is lost or misplaced and later returned, the tenant is obligated to pay the rent up to the date of return. In this case, the landlord will offset any replacement value paid by the tenant against the rent.

12. Miscellaneous
    • All contracts between the landlord and the tenant are exclusively subject to the law of the Federal Republic of Germany, and (as a precaution) with the complete exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
    • The place of performance and jurisdiction for all disputes arising from or in connection with the respective contract is Munich.
    • No verbal side agreements have been made. Subsequent amendments and additions to this agreement require written form to be effective.

apq stage GmbH, March 2026