1.1 The following general rental conditions of KRUU GmbH, Bergrat-Bilfinger-Straße 5, 74177 Bad Friedrichshall, Germany (hereinafter referred to as Lessor), shall apply to the rental of the rental object defined in Section 1.5.
1.2 The following general rental conditions shall apply exclusively. Rental conditions of the Lessee that conflict or deviate from these rental conditions shall not be recognized, unless the Lessor expressly agrees to their validity in writing or the contracting parties agree otherwise.
1.3 If both contracting parties are entrepreneurs, these general rental conditions shall also apply to future rental agreements between them. It is pointed out that the valid general rental conditions will be forwarded at the Lessee’s request.
1.4 The Lessee is a consumer, to the extent that the purpose of the rental and the Lessor’s services ordered cannot be attributed primarily to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity, which is exercising his commercial or independent professional activity in concluding the agreement.
1.5 The Lessor is renting the following object: the photo box shown on the Lessor’s website (a mobile photo booth) consisting of an SLR camera, a touch screen, a studio light and a photo printer. A more detailed description of the rental object can be found on the Lessor’s website at kruu.com.
1.6 The Lessor provides the Lessee with a customer portal: in the customer portal, the Lessee can specify the delivery address, request the delivery and collection date, define the design of the printouts, view the picture gallery, which will be available shortly after the return of the rental object and add additional services (possibly for a fee) to the rental object and view the invoice.
2.1 The rental object described on the Lessor’s website does not constitute a binding offer by the Lessor, but is as an invitation to treat, for the Lessee to make a contractually binding offer.
2.2 The Lessee must query the availability of the rental object for the desired date by request (online form) to the Lessor. The Lessor will notify the Lessee about the availability by e-mail.
2.3 If the rental object is available for rental on the desired date and the Lessor has confirmed the availability, the rental object shall be reserved for the Lessee for a period of three hours from confirmation. Within this period, the Lessee then can submit a binding offer to conclude the rental agreement for this rental object for the desired date. After this deadline, the reservation expires.
2.4 The Lessee can make the binding offer to conclude the rental agreement on the Lessor’s website, in the ordering process, by using the “Order now for a fee”-button.
The Lessee can access the ordering process either via hyperlink in the e-mail, with which the Lessor has confirmed the reservation, or by clicking the "Continue"-button on the Lessor’s website, after availability has been verified on the website.
During the ordering process, the Lessee can verify data at any time and, if necessary, make changes by using the usual keyboard and mouse functions. Before clicking on the "Order now for a fee"-button, the Lessee can identify errors, correct and/or delete entries or cancel the ordering process completely.
The Lessee only concludes the order process by clicking on the "Order now for a fee"-button, thereby making the offer to the Lessor to conclude a rental agreement for the rental object.
2.5 The Lessor may accept the Lessee’s offer,
If the Lessor does not accept the Lessee's offer within 7 days, this shall be deemed a rejection of the offer, with the result that the Lessee is no longer bound by his manifestation of will. The rental agreement is only concluded upon acceptance by the Lessor.
2.6 The order processing and agreement usually occur by e-mail and automated order processing. The Lessee must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the Lessor can be received at this address. In particular, when using SPAM filters, the Lessee must ensure that all e-mails sent by the Lessor or third parties involved in the order processing can be delivered
2.7 The Lessee is entitled to a legal right of withdrawal. The Lessee can view and retrieve the withdrawal policy and model withdrawal form on the Lessor’s website at: Withdrawal Policy
2a.1 After conclusion of the contract in accordance with Clause 2, the Hirer may at any time order additional services or special additional offers from the Rental Firm (hereinafter: upgrade). Clause 2 shall apply mutatis mutandis to the conclusion of the contract for such upgrades.
2a.2 If the hirer wishes to cancel parts of his booked service after conclusion of the contract in accordance with clause 2 (hereinafter: downgrade), this shall only be possible with the consent of the Lessor. The granting of such consent shall be at the sole discretion of the Lessor. The Hirer shall not be entitled to a Downgrade. Section 11 shall apply to cancellations of the entire contract.
3.1 The rental period starts with the transfer of the rental object to the Lessee. The rental time ends with the return of the rental object by the Lessee to the transport company commissioned by the Lessor on the business day after the date (reserved and booked), notified to the Lessor in advance, without any need for further notice.
3.2 The Lessee is exclusively entitled to use the rental object on the date notified to the Lessor in advance (the date reserved and booked).
3.3 If a rental period is not determined, each contracting party can effectively terminate the rental agreement in accordance with legal regulations.
3.4 Each contracting 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 object after the agreed rental period has expired, the rental relationship shall not be considered extended. § 545 BGB shall not apply.
4.1 The Lessee is obliged to pay the rental amount for the term of the rental period. The Rental amount results from the Lessee’s order. The rental prices indicated comprise the total prices, including the statutory value added tax. If necessary, additional delivery and shipping costs shall be specified separately.
The Lessee must pay for the rental no later than the seventh day after acceptance of the offer by the Lessor (Clause 2.5).
4.2 The payment method shall be notified to the Lessee during the ordering process on the Lessor’s website. The Lessee can find payment options as well as further instructions and information under the payment instructions/payment methods on the Lessor’s website at: Payment
4.3 Adjustments made at the request of the Lessee and/or changes to the rental are to be remunerated separately, as far as they are not required for maintenance or repair of therental object, or to ensure use under the agreement. The Lessee can order/book additional options online for a fee.
4.4 The Lessee owes no security/deposit.
5.1 The Lessee has the duty to take delivery of the rental object as agreed at the delivery address specified by him (on this, see also Clause 7.2) and to return it on the first business day after the date notified by the Lessor in advance (the end of the rental period).
Unless otherwise agreed, this return shall be made by the Lessee handing over the rental object to the transport company commissioned by the Lessor for the purpose of the return from Lessee to Lessor, free of charge, at one of the transport company’s package receiving stations. Based on the delivery address provided by the Lessee, the Lessor shall notify the Lessee in good time of the transport company’s nearest alternative package delivery stations where the Lessee can hand over the rental object, for return. This notification to the Lessee shall be made by text message or e-mail or via the Lessee’s customer portal on the Lessor’s website. The Lessee is free to choose any of these parcel receiving stations communicated, or another of the transport company. The Lessee only has the duty to return the rental object to the Lessor via the transport company commissioned by the Lessor.
5.2 The Lessee does not have the right to pick up the rental object from the Lessor.
5.3 If the transport company commissioned by the Lessor cannot hand over the rental object to the Lessee at the delivery address indicated by the Lessee, or a third party commissioned by the Lessee for delivery, as delivery was not possible and the transport company sends the rental object back to the Lessor, the Lessee remains obliged to pay the agreed rental. The costs of a new delivery shall be borne by the Lessee.
This shall not apply if the Lessor is effectively exercising his right of withdrawal and/or is not responsible for the circumstances leading to the impossibility of the delivery and/or was temporarily prevented from accepting the service offered, unless the Lessor had notified him of the service a reasonable time in advance.
5.4 The rental object may only be used by the Lessee. The Lessee may not hand over the rental object for third parties to use (put into use) unless the Lessor gives his consent in written or text form.
The Lessor hereby grants his consent to the contractual use of the rental object by guests at any event on the occasion of which the Lessee has rented the rental object.
5.5 The Lessee who is an entrepreneur may sublet the rental object; the Lessor hereby agrees to this sublease. In the case of such a sublease, the Lessee, in turn, is obliged to sublease with VAT included and also impose the obligations of Clause 5 of these general rental conditions in the sublease agreement to the sub-Lessee in such a way that the Lessor may derive rights against the sub-Lessee from the Lessee’s agreement with the sub-Lessee (a qualifying agreement for the benefit of a third party). The Lessee agrees with the Lessor that the sub-Lessee shall comply with these obligations.
For culpable contractual breach of the rental by the sub-Lessee, the Lessor may revoke this consent to the sublease immediately and require the Lessee to terminate the sublease immediately. If this does not occur after the respective request from the Lessor, or if the Lessee cedes the rental object to a sub-Lessee or other third party without justification, the Lessor can terminate this rental agreement without notice; the Lessee hereby authorizes the Lessor to terminate the sublease in this case. The Lessor’s claims for damages remain unaffected.
5.6 The Lessee undertakes to use the rental object only as intended, to observe the operating instructions and to handle the rental object carefully, gently and correctly. He shall further protect it from harm, such as the effects of the weather, which are likely to cause damage to the rental object.
5.7 As far as is reasonable, the Lessee shall follow the Lessor’s instructions on maintenance, care and use.
5.8 Markings on the rental object, in particular signs, numbers or inscriptions, may not be removed, altered or made illegible.
5.9 The Lessee undertakes the following correct use of the rental object in particular:
5.10 The Lessee and/or third parties that use the rental object with the Lessor's consent must be familiar with the attached user manual and other instructions from the Lessor on using the rental object and must act in accordance with these instructions. The Lessee shall ensure that these third parties are notified accordingly.
5.11 If, at the time of handing over the rental object to the Lessee, it has a defect that makes it unsuitable for the contractual use, or such a defect arises during the rental period, the Lessee is obliged to report the defect to the Lessor immediately.
5.12 If he determines that the rental object or individual components of the rental object no longer work or respond properly, the Lessee shall refrain immediately from further use of the rental object, and is also obliged to put the rental object out of service immediately. In case of doubt, the Lessee must contact the Lessor immediately and coordinate with him or obtain his instructions.
5.13 The Lessee is obliged to refrain from altering the rental object or individual components of the rental object or to suspend security-relevant functions. Alterations or additions to the rental object by the Lessee require the Lessor’s prior consent in writing or text form. This applies to attachments or installations in particular, as well as to connecting the rental object to other objects. Upon return of the rental object, at the Lessor’s request, the Lessee shall restore it to its original condition.
5.14 The Lessee is under no obligation to return the paper photo booth accessories.
5.15 The Lessee may not dispose of the original packaging material of the rental object. The reason for this is the nature of the packaging material adapted to the rental object, in particular its shock-absorbing and exact fit properties. As a result, the object of the agreement is protected from shock, such as being dropped while in transit.
For the return of the rental object, the Lessee is obliged to use the packaging material provided by the Lessor or equivalent packaging material and to pack it safely before returning it. In any case, the Lessee must secure the rental object against foreseeable transport damage. In case of doubt, the Lessee is to contact the Lessor immediately, before returning it, and coordinate with him or obtain his instructions.
6.1 In case of late return, the Lessor shall be entitled to legal claims.
6.2 Without prejudice to Clause 6.1, in the case of late returns for which the Lessee is responsible, the Lessor is entitled to demand a contractual penalty of 25 euros for each day of delay for each commenced business day of late return within the meaning of Section 5.1, after prior warning to the Lessee in written or text form (e.g. fax, e-mail). The contractual penalty shall be deducted from the damage compensation for the Lessee’s delay.
7.1 The Lessor undertakes to provide the Lessee with the rental object for the agreed rental period against payment of the agreed fee. The transfer of the rental object shall occur exclusively on the transport route to the delivery address specified by the Lessee.
7.2 The Lessor shall deliver the rental object to the delivery address provided by the Lessee no later than one business day before the date notified and agreed on. The Lessor shall notify the Lessee of the delivery date on the Lessee’s customer portal or by e-mail with a so-called tracking link for tracking the delivery.
7.3 The Lessor shall provide the Lessee with detailed instructions for the purpose of correctly assembling and dismantling the rental object. The Lessor or one of his employees shall be available for any questions arising in connection with correct assembly and dismantling at the usual opening and office hours - as stated on the Lessor’s website. Upon conclusion of the agreement, the Lessee shall receive a telephone number of the service hotline for this purpose and to answer any other technical questions.
7.4 The Lessor shall bear the shipping costs, unless a Clause 5.3 case exists.
8.1 The Lessee can set off against a rental claim with a claim on damage and reimbursement of expenses for defects in the rental object under §§ 536 a, 539 BGB or a claim for repayment of overpaid rent, or exercise a right of retention, if he has indicated this in writing to the Lessor at least one month before the due date of the rent. Due to a right of a reduction, the Lessee may offset with counterclaims or exercise a right of retention without restriction.
8.2 Further, the Lessee can only offset if his counterclaims are undisputed or legally established. Without prejudice to Clause 8.1, the Lessee can only exercise a right of retention for counterclaims based on the rental relationship.
8.3 The right to withhold performance under § 320 BGB remains unaffected.
9.1 Following an accident involving third parties, in particular in the event of personal injury or theft of the rental object, the Lessee must notify and consult the police immediately.
9.2 In the event of any damage, theft or other loss of the rental object during the rental period, the Lessee shall be obliged to notify the Lessor, in writing or in text form, of any known details of the event causing the damage, theft or other loss.
9.3 The Lessee must take all reasonable measures that are conducive and beneficial for investigation of the incidence of damage (or theft or other loss).
9.4 In the event of damage, the Lessee is obliged to ensure that all necessary measures are taken to mitigate the damage and to secure evidence.
9.5 In the event of damage, the Lessee is obliged to support the Lessor and the insurer and to provide the information required to clarify the incidence or determine the scope of the damage.
10.1 The strict liability of the Lessor for initial material defects is excluded.
10.2 Compensation claims by the Lessee for damages are excluded. This does not apply to claims for damages by the Lessee arising from injury to life, limb or health or from breach of essential contractual obligations (fundamental obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the Lessor, his legal representatives or vicarious agents. Fundamental contractual obligations are those whose fulfilment is necessary to achieve the objective of the agreement.
10.3 In the case of a breach of fundamental contractual obligations, the Lessor is only liable for foreseeable damage typical of the agreement, if simply caused by negligence, unless this concerns claims by the Lessee for damages due to injury to life, limb or health.
10.4 The limitations of Clause 10.1 and Clause 10.2 shall also apply in favour of the Lessor’s legal representatives and vicarious agents, if claims are brought directly against them.
10.5 The liability limitations resulting from Clause 10.1 and Clause 10.2 shall not apply insofar as the Lessor has fraudulently concealed a defect or assumed a guarantee for the quality of the rental object. This also applies insofar as the Lessor and the Lessee have reached an agreement on the quality of the rental object.
11.1 If the Lessee demands that the contract be cancelled, the following cancellation fees shall be payable:
From the 6th day before the reserved and booked date, the Lessee no longer has the right of cancellation.
11.2 The Lessee is free to demonstrate that no or less damages occurred, the Lessor is free to show that greater damages were suffered.
11.3 The conditions in Nos. 11.1 and 11.2 shall not apply if the Lessee validly exercises their right of revocation.
11.4 Instead of cancellation, the Lessor shall also grant the Lessee the right to postpone the reserved and booked date. If the Lessee exercises this right and the Lessee cancels the new data reserved and booked after postponement, irrespective of whether the new date had been arranged or was still unspecified, No. 11.1 not withstanding, cancellation fees of 90% of the gross rental price shall be payable.
11.5. If the Lessee cancels, the Lessor shall refund the Lessee the rental price minus a cancellation fee, although this refund shall exclusively be in the form of vouchers.
12.1 If multiple individuals have rented, they shall be liable as joint and several debtors for all obligations arising under the rental relationship.
12.2 Statements affecting the Lessees must be submitted by and to all Lessees. However, - subject to revocation in written or text form - the Lessees authorize each other to accept or submit such statements until further notice. This power of attorney also applies to the acceptance of terminations, but not to the expression of terminations or to the conclusion of termination agreements. Revocation of a power of attorney shall only take effect upon receipt by the Lessor.
The responsible person within the meaning of the General Data Protection Regulation and other national data protection laws of member states, as well as other data protection provisions, is: KRUU GmbH, Bergrat-Bilfinger-Straße 5, 74177 Bad Friedrichshall, Tel.: (248) 249-3771, E-Mail: firstname.lastname@example.org; website: kruu.com
The EU Commission provides a platform on the internet for the online settlement of disputes (the so-called "OS platform"). The OS platform is intended as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or online service contracts. The OS platform can be reached at the following link: http://ec.europa.eu/consumers/odr
KRUU GmbH does not participate in the alternative dispute resolution procedure.
15.1 Amendments to this agreement must be made in writing. Cancellation of the written form requirement must also be in writing. The priority of the individual agreement - also oral - under §305 b BGB remains unaffected.
15.2 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.
15.3 The law of the Federal Republic of Germany shall apply. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the Lessee, as consumer, is habitually resident, remain
15.4 The Lessor may be reached from Monday to Friday between 09:00 - 18:00 at (248) 249-3771 or by email at email@example.com.
15.5 The registered office of KRUU GmbH is located at Bergrat-Bilfinger-Straße 5 in 74177 Bad Friedrichshall, Germany and is registered with the registration office of the court in Stuttgart, in the commercial register, under number HRB 743715.