GTC - General Terms and Conditions of Business and Rental

1. Scope

1.1 The General Terms and Conditions of Rental shall apply to all objects (studio & equipment, hereinafter referred to as «rental object» or «rental material») rented from RGB PHOTO GmbH / 303-PHOTOSTUDIO (hereinafter referred to as «Lessor»).
1.2 If individual provisions are not applied one or more times in the sense of a concession to the tenant, no customary right can be derived and asserted from this for further rentals.
1.3 Any transfer or subletting of the rental object or parts thereof is only permitted with the written consent of the Lessor. Upon presentation of this consent, the liability of the first tenant to the landlord remains unaffected.

2. Reservations and cancellations

2.1 Provisional rental reservations/inquiries, via our website, by telephone, verbally or in writing (options/inquiries) are non-binding declarations of intent by a prospective tenant and therefore also non-binding for the lessor. If the prospective tenant wishes the entry of the option in the reservation system (provisional reservation), he will be notified in case of a further rental inquiry (if reachable by telephone) and at the same time receives the pre-letting right assured, but must thereby definitely decide for or against the rental of the rental objects, which could otherwise be rented otherwise.
2.2 Cancellations are valid only up to 24 hours before the beginning of the rental period. The mutually agreed time regarding the takeover of the rental object is valid. If a cancellation is received less than 24 hours before the start of the rental period, 50% of the rental price will be charged. In case of non-arrival, non-collection or cancellation of the rental object on the order day, the full rental price for the agreed rental period will be charged, without prejudice to the rights of the customer to prove that damage was not incurred at all or was significantly lower.
2.3 No liability shall be assumed in the event that the Lessor is prevented from performing the agreed rental due to the non-return or late return of the rental object by another Lessee.
2.4 The scope and time of the delivery obligation shall be determined by the Lessor's order confirmation, if any. Rental material or services not included therein will be charged separately. The control of the receipt of the rental material / the collection scope is the responsibility of the lessee, even if received or collected by third parties.
2.5 The lessor endeavors to provide access to the online store without interruption, but does not guarantee that access is possible at all times. In cases of abuse in online requests, the lessor is not liable for any consequences.

3. Rental fee and rental period

3.1 The rental fees are based on the price list valid at the time of conclusion of the contract or the prices listed in the rental offer. All prices are in Swiss francs and exclusive of the applicable value added tax.
3.2 For studio rental, a minimum rental of 1/2 day (4h) applies. Reduced prices apply from 2 days or for regular customers.
3.3 For rental material / equipment, the price is per rental / per calendar day. Reduced prices apply from 2 days or for regular customers.
3.4 The lessor reserves the right to claim deposit fees and/or payment on account.
3.5 The rental period begins with the agreed rental start or the agreed pick-up time and ends with the complete return of the rental object after the expiry of the agreed rental period at the place of issue.
3.6 For external productions, the rental material can be collected from 3.00 p.m. on the day before the start of the rental. The rented material must be returned at the end of the rental period by 10.00 a.m. on the following day at the latest (only applies to external productions). The exact pick-up and return times will be agreed upon in advance, as 303-PHOTOSTUDIO is not always staffed. The rental material will thus be made available to the customer free of charge for about half a day, so that he can personally convince himself of its function and, if necessary, complain about any defects or missing parts. The rental material may only be used in dry indoor areas. For other purposes, a written authorization from the lessor is required. For external material rentals (outside of 303-PHOTOSTUDIO) a surcharge of 25% on our current rental prices applies.
3.7 Saturday, Sunday and holidays are considered normal rental days.
3.8 Special rates apply for multi-day rentals (from the 3rd day) or for regular customers.
3.9 If other discounts/percentages are given, no customary right can be derived and asserted from this for further rentals.
3.10 In case of recognizability of exceeding the agreed rental period, the tenant is obliged to immediately obtain the consent of the lessor.
3.11 In the event of unauthorized, delayed return of the rental object, the tenant shall compensate the landlord for the additional rental days and any subsequent rental income that did not materialize and, if applicable, assume legally unavoidable claims for damages from subsequent tenants.
3.12 If there are reasons which make a delivery of the rental object at the agreed time impossible (material damage, late or no return by previous tenants, etc.), the lessor may withdraw from the contract at short notice. In this case, the assertion of claims for damages by the tenant is excluded.

4. Terms of payment

4.1 The invoice shall be issued on the basis of the invoice insert and shall be due 20 days after the invoice date. Cash discounts and other deductions are not allowed.
4.2 The Lessee shall neither be entitled to partial payments nor to retain payments due to complaints. Offsetting by the Lessee against counterclaims shall be excluded.
4.3 In the event of default in payment, the Lessor shall be entitled to demand interest on arrears and/or to terminate the rental relationship with immediate effect and to demand the immediate return of the rental goods. In the event of default in payment, Lessee shall also authorize Lessor to enter any room in which the Leased Property is or could be stored for the purpose of recovering possession, under Lessee's power of disposal. The tenant or its creditors shall not have a right of retention to the leased property.

5. Reservation of ownership

5.1 Lessor shall retain all rights of ownership to all Leased Property everywhere and at all times. Any transfer of the Leased Property or parts thereof to third parties shall be inadmissible and shall entitle the Lessor to terminate the Lease immediately and to take back the Leased Property without delay.
5.2 Assignments by way of security, pledges or other encumbrances of the leased property shall be invalid against the Lessor.
5.3 In the event of judicial enforcement measures affecting leased equipment, the Lessee shall inform anyone whom it may concern of the ownership situation and notify the Lessor without delay. The costs of intervention measures to protect the property as well as damages incurred by the lessor due to failure of the equipment shall be charged to the lessee.
5.4 The removal or covering of company lettering or markings on the leased property is strictly prohibited.
5.5 If permanently installed rental property is to be reinstalled or stored by the tenant in other premises, written permission must be obtained from the landlord in advance.

6. Transportation

6.1 The rental objects must be collected from the lessor. Shipment will be made only by special agreement.
6.2 Costs and risk of transport, packaging and / or shipping shall in any case be borne by the lessee, even if a delivery or collection of the rental object by the lessor or a third party. (Taxi, courier service, post, SBB etc.)
6.3 In the case of transport or shipment abroad, the Lessee shall take care of the proper completion of all customs formalities and shall also bear the costs and risk for this.
6.4 Special requests regarding shipment abroad and transport insurance must be made known to us in good time. Complaints in connection with the transport shall be addressed by the Lessee to the last carrier immediately upon receipt of the rental item or the freight documents.
6.5 Upon handover of the rental equipment to the carrier, the risk of delayed delivery as well as partial or total unusability of the rental item due to transport damage shall pass to the Lessee.
6.6 If the Lessee does not stipulate a handover date to the transport company and thus leaves the estimation of the transport duration to the Lessor's discretion, there shall be no entitlement to a waiver of the rent in the event of an incorrectly estimated transport duration (material arrived too early or too late).

7. Insurance

7.1 The rental equipment is insured by us within Switzerland / Principality of Liechtenstein at full value. The deductible per damage event is CHF 1000.00. If the equipment is used abroad, a separate insurance policy must be taken out for this.
7.2 The Lessee undertakes to notify the Lessor of deployments outside the area of validity and to assume the full cost of the necessary additional insurance with the Lessor's insurance company.
7.3 By taking over the rental object, the Lessee undertakes to take all the usual precautionary measures to protect the rental object and to instruct any third parties concerned accordingly. Rented property must never be left unguarded.
7.4 In case of negligently caused damage or damage caused by unauthorized or uninstructed people, the insurance company and the landlord reserve the right to transfer the damage proportionally to the tenant.

8. Damages and liability

8.1 The Lessee assumes unlimited liability of the rental object during the entire rental period. This also includes damage resulting from improper operation or handling.
8.2 Upon receipt, the Lessee shall inspect the rental object professionally or have it inspected. It shall be deemed to have been taken over in perfect condition if defects are not expressly reported at the time of receipt or at the latest within 1 hour after the commencement of the rental period. Subsequently declared defects can not be recognized.
8.3 All repairs occurring during the rental period shall be borne by the tenant, unless it is the elimination of defects reported at the time of acceptance.
8.4 The Lessee shall be fully liable for all damage caused by improper operation or handling of the rental object. Any liability of the Lessor for direct or indirect damage caused by the use of the rental object is excluded in any case. Likewise, the lessor cannot accept any liability for direct or indirect damage arising as a result of malfunctions or failures of the rental item. It is the responsibility of the lessee to insure himself, if necessary, against the production risks.
8.5 Rental items that are not returned or damaged shall be invoiced to the Lessee at the effective replacement price plus procurement costs such as postage and the like, irrespective of whether the Lessee is responsible for the damage or not.
8.6 Malfunctions or quality losses occurring/detected during the rental period shall not exempt the Lessee from payment of the rent or to reduce it, nor can the Lessor be held responsible in any other way.

9. Final provisions

9.1 The Lessee undertakes to bring the Regulations to the attention of all people to whom it may concern and to ensure that they are observed at all times.
9.2 Agreements that deviate from the general terms and conditions of business and rental require written form.
9.3 If the Lessee commissions third parties to collect or return the rental object, he shall expressly declare them to be authorized, even without formalities, to sign all documents relating to the rental process in his stead with legal validity on his behalf and to cooperate in the entry/exit checks.
9.4 All prices in our price list are to be understood as indicative prices and as such are not absolutely binding. The Lessor shall not assume any liability for any errors in the list.
9.5 Place of jurisdiction is Zurich, Swiss law applies.