1.1 The following General Rental Terms and Conditions of KRUU GmbH, Bergrat-Bilfinger-Str. 5, 74177 Bad Friedrichshall, Germany (hereinafter "Lessor"), apply to the rental of the rental item defined in clause 1.5.
1.2 These General Rental Terms and Conditions apply exclusively. Conflicting or deviating terms and conditions of the Lessee are not recognised unless the Lessor expressly agrees to their validity in writing or in text form, or the parties agree otherwise.
1.3 These General Rental Terms and Conditions also apply to future rental agreements between the parties if both parties are entrepreneurs. Upon request, the Lessee will be sent the applicable General Rental Terms and Conditions.
1.4 The Lessee is a consumer insofar as the purpose of the rental and of the services ordered from the Lessor cannot predominantly be attributed to the Lessee's commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
1.5 The Lessor rents out the following rental item: the photo booth shown on the Lessor's website (mobile photo booth), consisting of a high-quality camera, a touchscreen, a studio light and a photo printer. A more detailed description of the rental item can be found on the Lessor's website kruu.com.
1.6 The Lessor provides the Lessee with a customer portal. In the customer portal, the Lessee can set the delivery address, check the delivery and collection dates, define the design of the prints, view the photo gallery (available a few days after the rental item has been returned), add (possibly chargeable) additional services to the rental and view the invoice.
2.1 The rental item described on the Lessor's website does not constitute a binding offer by the Lessor but serves as an invitation to the Lessee to submit a binding offer to conclude a rental agreement.
2.2 The Lessee must check the availability of the rental item for the desired date by sending an enquiry to the Lessor (online form). The Lessor will notify the Lessee of the availability by email.
2.3 If the rental item is available on the desired date and the Lessor has confirmed this, the rental item is reserved for the Lessee for three hours from confirmation. Within this period, the Lessee may submit a binding offer to conclude a rental agreement for the rental item on the desired date. The reservation expires at the end of this period.
2.4 The Lessee can submit a binding offer to conclude the rental agreement by clicking the "Order with obligation to pay" button in the ordering process on the Lessor's website. The Lessee reaches the ordering process either via a hyperlink in the email confirming the reservation or by clicking the "Continue" button on the Lessor's website after availability has been checked. During the ordering process, the Lessee can check their details at any time and, if necessary, make changes using the usual keyboard and mouse functions. Before clicking the "Order with obligation to pay" button, the Lessee can identify input errors, correct and/or delete entries and cancel the ordering process altogether. Only by clicking the "Order with obligation to pay" button does the Lessee complete the ordering process and offer the Lessor to conclude a rental agreement for the rental item.
2.5 The Lessor may accept the Lessee's offer
2.6 The contract is concluded in English.
2.7 Order processing and communication generally take place by email and automated order processing. The Lessee must ensure that the email address provided for order processing is correct so that emails sent by the Lessor can be received at this address. In particular, when using spam filters, the Lessee must ensure that all emails sent by the Lessor or by third parties commissioned by the Lessor with order processing can be delivered.
2.8 The Lessee has a statutory right of withdrawal. The Lessee can view the cancellation policy and the model withdrawal form on the Lessor's website.
2.9 Offers of the Lessor, in particular discount campaigns, special conditions and voucher campaigns, apply exclusively to new bookings. They cannot be applied to existing bookings. All offers are limited in quantity or availability and are only valid while stocks last.
2.10 Subsequent price adjustments to earlier, later or external offers (price matching) are excluded. This applies to offers of the Lessor as well as to offers of third parties.
2a.1 After conclusion of the contract in accordance with clause 2, the Lessee may at any time order additional services or special add-ons from the Lessor (hereinafter "upgrade"). Clause 2 applies accordingly to the conclusion of contracts for such upgrades.
2a.2 If, after conclusion of the contract in accordance with clause 2, the Lessee wishes to cancel parts of the booked service (hereinafter "downgrade"), this is only possible with the Lessor's consent. Granting such consent is at the sole discretion of the Lessor. The Lessee has no right to a downgrade. Clause 11 applies to cancellations of the entire contract.
3.1 The rental period begins when the rental item is handed over to the Lessee. The rental period ends, without the need for notice of termination, when the Lessee hands the rental item over to the transport company commissioned by the Lessor on the working day following the date notified to the Lessor in advance (reserved and booked date).
3.2 The Lessee is only entitled to use the rental item on the date notified to the Lessor in advance (reserved and booked date).
3.3 If no rental period has been agreed, either party may terminate the rental relationship with notice in accordance with the statutory provisions.
3.4 Either party may terminate the rental relationship without notice for good cause.
3.5 Any termination must be in writing.
3.6 If the Lessee continues to use the rental item after the agreed rental period has expired, the rental relationship is not deemed to have been extended. Section 545 of the German Civil Code (BGB) does not apply.
4.1 The Lessee is obliged to pay the rental price for the duration of the rental period. The rental price results from the Lessee's order. The rental prices stated are total prices including statutory VAT. Any additional delivery and shipping costs are stated separately. The Lessee must pay the rent no later than the seventh day after the Lessor has accepted the offer (clause 2.5).
4.2 The payment options are communicated to the Lessee during the ordering process on the Lessor's website.
4.3 Adjustments and/or changes to the rental item made at the Lessee's request are charged separately unless they are necessary for the maintenance or repair of the rental item or to ensure its use in accordance with the contract. The Lessee may order/book additional options online for a fee.
4.4 The Lessee does not owe a rental deposit.
5.1 The Lessee is obliged to accept the rental item as agreed at the delivery address they have provided (see also clause 7.2) and to return it on the first working day after the date notified by the Lessee in advance (end of rental period). Unless otherwise agreed, the return takes place by the Lessee handing over the rental item to the transport company commissioned by the Lessor at one of the transport company's parcel drop-off points, for return to the Lessor free of charge for the Lessee. Based on the delivery address provided by the Lessee, the Lessor will inform the Lessee in good time at which nearby parcel drop-off points of the transport company the Lessee can hand in the rental item for return. This information is provided by SMS, email or via the Lessee's customer portal on the Lessor's website. The Lessee is free to choose one of these or another parcel drop-off point of the transport company. The Lessee is only obliged to return the rental item to the Lessor using the transport company selected by the Lessor.
5.2 The Lessee is not entitled to collect the rental item from the Lessor in person.
5.3 If the transport company commissioned by the Lessor cannot hand over the rental item sent to the delivery address provided by the Lessee to the Lessee or to a third party authorised by the Lessee to accept it, because delivery was not possible, and the transport company returns the rental item to the Lessor, the Lessee remains obliged to pay the agreed rent. The Lessee bears the costs of a new delivery. This does not apply if the Lessee effectively exercises their right of withdrawal and/or is not responsible for the circumstance that made delivery impossible and/or was temporarily prevented from accepting the service offered, unless the Lessor had announced the service to the Lessee a reasonable time in advance.
5.4 The rental item may only be used by the Lessee. The Lessee may not hand over the rental item to third parties for use unless the Lessor has given prior consent in writing or text form. The Lessor hereby consents to the use of the rental item in accordance with the contract by the guests of any event for which the Lessee has rented the rental item.
5.5 A Lessee who is an entrepreneur may sublet the rental item; the Lessor hereby consents to such subletting. In the event of such subletting, the Lessee is obliged to opt for VAT on the sublease and otherwise to impose the obligations under clause 5 of these General Rental Terms and Conditions on the subtenant in the sublease agreement in such a way that the Lessor can also derive direct rights against the subtenant from the agreement between the Lessee and the subtenant (contract for the benefit of third parties). The Lessee is fully liable to the Lessor for the subtenant's compliance with these obligations. If the subtenant culpably uses the rental item in breach of contract, the Lessor may immediately revoke its consent to the sublease and demand that the Lessee terminates the sublease without delay. If this does not happen after a corresponding request by the Lessor, or if the Lessee hands over the rental item to a subtenant or other third party without authorisation, the Lessor may terminate this rental agreement without notice; in this case the Lessee hereby authorises the Lessor to also terminate the sublease. Claims for damages by the Lessor remain unaffected.
5.6 The Lessee undertakes to use the rental item only as intended, to observe the operating instructions and to treat the rental item carefully, gently and properly. The Lessee must also protect it from harmful weather conditions, i.e. those likely to cause damage to the rental item.
5.7 The Lessee will follow the Lessor's maintenance, care and usage instructions as far as can reasonably be expected.
5.8 Markings on the rental item, in particular labels, numbers or inscriptions, must not be removed, changed or made illegible.
5.9 In particular, the Lessee undertakes to ensure the following proper
use of the rental item:
5.10 The Lessee and/or third parties using the rental item with the Lessor's consent must be familiar with the enclosed operating instructions and any other instructions from the Lessor for the use of the rental item and must act in accordance with these instructions. The Lessee ensures that these third parties are informed accordingly.
5.11 If the rental item has a defect at the time of handover to the Lessee that eliminates its suitability for use in accordance with the contract, or if such a defect arises during the rental period, the Lessee is obliged to notify the Lessor of the defect without delay.
5.12 The Lessee shall immediately stop using the rental item and is obliged to take it out of operation immediately if they find that the rental item or individual components no longer function or respond properly. In case of doubt, the Lessee must contact the Lessor without delay and coordinate with the Lessor or obtain the Lessor's instructions.
5.13 The Lessee is obliged to refrain from modifying the rental item or individual components or from disabling safety-related functions. Changes and additions to the rental item by the Lessee require the prior consent of the Lessor in writing or text form. This applies in particular to attachments or installations and to connecting the rental item to other objects. When returning the rental item, the Lessee shall restore its original condition at the Lessor's request.
5.14 The Lessee is not obliged to return the paper photo booth props.
5.15 The Lessee may not dispose of the original packaging of the rental item. The reason for this is the properties of the packaging material designed for the rental item, in particular its shock-absorbing properties and exact fit, which protect the rental item from impacts, e.g. falls during transport. The Lessee is obliged to use the packaging material provided by the Lessor, or equivalent packaging material, for returning the rental item and to pack it securely before returning it. In any case, the Lessee must protect the rental item against foreseeable transport damage. In case of doubt, the Lessee must contact the Lessor without delay and before the return and coordinate with the Lessor or obtain the Lessor's instructions.
5.16 To protect you in the event of damage, we offer optional photo booth insurance. This insurance covers damage to the device that occurs during the event when it is used properly in accordance with our instructions. The deductible in the event of damage is EUR 100.00.
Note: Photo booth insurance is already included in our Premium package.
5a.1 General
The Lessor provides the Lessee and the users of the rental item with additional digital functions via the KRUU App. The following provisions govern the use of these app-based functions. The KRUU App can be downloaded free of charge from the Apple App Store and the Google Play Store.
5a.2 "Instant Pic Download" function
a) The "Instant Pic Download" function allows each picture taken at the photo booth to be transferred to the user's smartphone gallery immediately after it has been taken. For this purpose, an individual QR code is shown on the photo booth display.
b) With the KRUU App installed, the QR code can be scanned with the smartphone camera; the app then opens automatically. Without the app installed, scanning redirects to the respective app store.
c) Using the "Instant Pic Download" function requires the following permissions and connections on the user's device: camera access to scan the QR code, a Wi-Fi connection between the photo booth and the smartphone, and location access.
d) The QR code is assigned exclusively to the respective picture and remains unchanged. If it was not used, the picture can be called up again at the photo booth via the event gallery and the same QR code can be scanned again.
5a.3 Event gallery
a) The gallery shown on the photo booth is accessible throughout the event. The pictures visible there can be viewed and downloaded by all participants of the event.
b) Users are responsible for their own use and sharing of the pictures. They must ensure that their use and sharing does not infringe the rights of third parties, in particular personality rights and copyrights.
c) The Lessee is obliged to inform the participants of their event that the pictures taken at the photo booth are accessible to all participants of the event via the gallery.
5a.4 Liability for app-based functions
a) The Lessor accepts no liability for infringements by users in connection with the use and sharing of pictures.
b) The Lessor does not guarantee the constant availability of the app-based functions. Temporary restrictions may result in particular from technical faults, maintenance work or circumstances beyond the Lessor's control.
c) In all other respects, the limitations of liability in clause 10 apply accordingly.
5a.5 Further app-based functions
The Lessor may add further app-based functions at any time. If these are subject to separate terms of use, these will be made available to the Lessee in good time before use.
5a.6.1 The Audio Guestbook is a chargeable additional service and can be added during the ordering process. It allows event guests to record a short voice message (greeting) via the additional "microphone speaker" device attached to the photo booth. Guests can listen to the greeting immediately after recording and delete it themselves. The additional "microphone speaker" device is intended for indoor use only and must be protected from moisture and improper use.
5a.6.2 The Lessee can record a welcome message in advance via the KRUU App, which is played to event guests before they record their own message. The Lessee is solely responsible for the content of this welcome message.
5a.6.3 The Lessee can listen to, download and share the recorded greetings with event guests via the gallery function in the customer portal. The Lessee is solely responsible for the use and sharing of the recordings. It is prohibited to record content that violates applicable law, is offensive, discriminatory or immoral, or infringes the rights of third parties. KRUU reserves the right to block or delete unlawful content once it becomes aware of it.
5a.6.4 The audio files are made available within 7 days of the photo booth being returned. In the event of technically unavoidable delays, the Lessee will be informed without delay. The recorded greetings are stored on the Lessor's servers for 3 months by default and are then automatically deleted. The Lessee can extend the storage period via the KRUU App for a separate fee. The applicable storage period is shown to the Lessee in the customer portal.
5a.6.5 The Lessee is obliged to inform the participants of their event in advance that using the audio function is voluntary, that recorded greetings are stored for 3 months by default and that the Lessee can share them with other event guests. The Lessee must ensure that there is an appropriate legal basis within the meaning of the GDPR for recording and any sharing of the voice recordings.
5a.6.6 The Lessor accepts no liability for infringements by the Lessee or event guests in connection with the use, sharing or publication of greetings. Clause 5a.4 applies accordingly.
6.1 In the event of late return, the Lessor is entitled to the statutory claims.
6.2 Without prejudice to clause 6.1, in the event of delays in return for which the Lessee is responsible, the Lessor is entitled, after prior warning in writing or text form (e.g. fax, email), to demand from the Lessee a contractual penalty of EUR 25 for each day of default for each working day or part thereof of late return within the meaning of clause 5.1. The contractual penalty is offset against the damage caused by default to be compensated by the Lessee.
7.1 The Lessor undertakes to provide the Lessee with the rental item for the agreed rental period against payment of the agreed fee. The rental item is provided exclusively by shipment to the delivery address provided by the Lessee.
7.2 The Lessor will deliver the rental item to the delivery address provided by the Lessee no later than one working day before the date notified and agreed in advance. The Lessor will inform the Lessee of the delivery date in the Lessee's customer portal or by email with a tracking link.
7.3 For the proper set-up and dismantling of the rental item, the Lessor provides the Lessee with detailed instructions. During the usual opening and office hours, as stated on the Lessor's website, the Lessor or one of its employees is available for any questions relating to proper set-up and dismantling. For this purpose and to answer any other technical questions, the Lessee will receive a service hotline telephone number after conclusion of the contract.
7.4 The Lessor bears the shipping costs unless clause 5.3 applies.
8.1 The Lessee may set off a claim under Sections 536a, 539 BGB for damages and reimbursement of expenses due to defects in the rental item, or a claim for repayment of overpaid rent, against a rent claim, or exercise a right of retention, if the Lessee has notified the Lessor of this in text form at least one month before the rent falls due. Due to a right to rent reduction, the Lessee may set off counterclaims or exercise a right of retention without restriction.
8.2 In all other respects, the Lessee may only set off counterclaims that are undisputed or have been legally established. Without prejudice to clause 8.1, the Lessee may only exercise a right of retention on account of counterclaims based on the rental relationship.
8.3 The right to refuse performance under Section 320 BGB remains unaffected.
9.1 After an accident involving third parties, in particular in the event of personal injury or theft of the rental item, the Lessee must notify and involve the police without delay.
9.2 In the event of any damage to, theft of or other loss of the rental item during the rental period, the Lessee is obliged to inform the Lessor without delay, in writing or text form, of all details known to them of the event that led to the damage, theft or other loss.
9.3 The Lessee must take all reasonable measures that help to clarify the damage event (or the theft or other loss).
9.4 In the event of damage, the Lessee is obliged to ensure that all measures necessary to mitigate the damage and secure evidence are taken.
9.5 In the event of damage, the Lessee is obliged to support the Lessor and the insurer and to provide information necessary to clarify the damage event or to establish the extent of the damage.
10.1 The Lessor's no-fault liability for defects existing at the start of the rental is excluded.
10.2 Claims for damages by the Lessee are excluded. This does not apply to claims for damages by the Lessee arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations), or to liability for other damage based on an intentional or grossly negligent breach of duty by the Lessor, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
10.3 In the event of a breach of essential contractual obligations, the Lessor is only liable for the foreseeable damage typical for the contract if it was caused by simple negligence, unless the Lessee's claims for damages arise from injury to life, body or health.
10.4 The limitations in clauses 10.1 and 10.2 also apply in favour of the Lessor's legal representatives and vicarious agents if claims are asserted directly against them.
10.5 The limitations of liability resulting from clauses 10.1 and 10.2 do not apply if the Lessor has fraudulently concealed a defect or has assumed a guarantee for the quality of the rental item. The same applies if the Lessor and the Lessee have reached an agreement on the quality of the rental item.
11.1 If the Lessee requests cancellation of the contract, the following cancellation fees are due:
From the 6th day before the reserved and booked date, the Lessee no longer has a right to cancel.
11.2 The Lessee is free to prove that no damage or less damage has occurred, and the Lessor is free to prove that greater damage has occurred.
11.3 The provisions of clauses 11.1 and 11.2 do not apply if the Lessee effectively exercises their right of withdrawal.
11.4 The Lessee may in principle postpone the booked date once. The postponement must be notified in text form (e.g. email) no later than two weeks before the originally agreed event date. The new date is subject to the availability of the rental item. If the rental item is not available on the desired alternative date or the notification is not made within the stated period, the originally confirmed date remains binding. Any additional costs in connection with the postponement are borne by the Lessee. If the Lessee cancels the new date after a postponement, regardless of whether a specific date has already been set, cancellation fees of 90% of the gross rental price are due, notwithstanding clause 11.1.
11.5 If the Lessee cancels, the Lessor will refund the rental price less the cancellation fee exclusively in the form of vouchers.
12.1 If several persons have rented, they are jointly and severally liable for all obligations arising from the rental relationship.
12.2 Declarations affecting the Lessees must be made by and to all Lessees. However, subject to revocation in writing or text form, the Lessees authorise each other until further notice to receive or make such declarations. This authorisation also applies to the receipt of notices of termination, but not to giving notice of termination or concluding termination agreements. A revocation of the authorisation only becomes effective upon receipt by the Lessor.
The controller within the meaning of the General Data Protection Regulation (GDPR), other national data protection laws of the member states and other data protection provisions is: KRUU GmbH, Bergrat-Bilfinger-Str. 5, 74177 Bad Friedrichshall, Germany, email: support@kruu.com, website: www.kruu.com. The Lessee can find KRUU GmbH's privacy policy at the following link: Privacy policy
14.1 Amendments to this agreement must be made in writing. The waiver of the written form requirement must also be made in writing. The priority of individual agreements, including oral agreements, in accordance with Section 305b BGB remains unaffected.
14.2 If the Lessee is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the rental relationship is the court responsible for the Lessor's registered office in 74177 Bad Friedrichshall, Germany.
14.3 The law of the Federal Republic of Germany applies. The statutory provisions restricting the choice of law and on the applicability of mandatory provisions, in particular of the country in which the Lessee as a consumer has their habitual residence, remain unaffected.
14.4 The Lessor can be reached Monday to Friday between 09:00 and 17:00 (CET) by phone at 0121 512 0133 or by email at support-en@kruu.com.
14.5 KRUU GmbH has its registered office at Bergrat-Bilfinger-Str. 5, 74177 Bad Friedrichshall, Germany, and is registered in the commercial register of the Local Court (Amtsgericht) of Stuttgart under number HRB 743715.