This English translation is provided for convenience. The German version is the legally binding one: Allgemeine Geschäftsbedingungen

General Terms and Conditions for rental and service business of w&w mobile WC-Anlagen GmbH, hereinafter referred to as W&W

1. General

The following General Terms and Conditions apply to all existing and future offers and contracts of W&W, in particular for toilet cabins, mobile room units, toilet trailers, waste tanks, combination containers and all services offered by W&W. The General Terms and Conditions take effect automatically upon conclusion of the contract.

2. Rental offers

a) Offers made by W&W are non-binding; they only become part of the contract upon written confirmation by W&W.

b) W&W may expressly rent out an item other than the one offered, provided that the other item is suitable and reasonable for the customer's intended use in a comparable manner.

c) W&W is liable only if the purpose intended by the customer was not achieved or the specific use of the rented item failed.

d) The items rented by the customer by electronic means become the subject matter of the contract, are stored by W&W and are sent by e-mail on request.

3. Rented item / services

a) The customer undertakes to use the rented item without restriction in accordance with the contract concluded. The customer must obtain any official permits that may be required, in particular permits for placing the rented item on public roads, paths and squares. The customer is the sole debtor of any fees or charges arising from such permits.

b) The customer undertakes to treat the rented item with care and to carry out the maintenance and servicing measures assigned to them.

c) W&W is entitled at any time to inspect and technically check the rented item.

d) The customer undertakes to protect the rented item against theft, damage, destruction and loss in accordance with the regulations. The customer bears the risk of loss, theft or damage to the rented item. If one of these events occurs, the customer undertakes to inform W&W without delay, even if the customer is not responsible for the event.

e) Upon handover of the rented item at the agreed location, the duty to maintain safety (Verkehrssicherungspflicht) passes to the customer. It ends only when the rented item is collected.

f) The rented item must be set up at the agreed location. Throughout the rental period the customer is responsible for the condition of the ground and for vehicle access to the location.

g) The customer is prohibited from relocating the rented item, subletting it or otherwise making it available to third parties; this is therefore excluded.

h) If the rented item is connected to a building or to land, this serves a temporary purpose only within the meaning of § 95 BGB (German Civil Code); the item does not become part of the land or building and must be separated again at the end of the rental contract.

i) If the rented item is seized by third parties as a result of attachment, the customer must inform W&W within 3 working days at the latest, either electronically or by registered letter with return receipt. Beforehand, the customer must notify the third party or parties in writing that the rented item is the property of W&W. The customer must forward this written notice to W&W within the above period. Furthermore, the customer bears all costs of recovery and undertakes, on request, to pay advances levied for the costs of legal action.

j) In the case of toilet rental, the disposal and cleaning service takes place once a week unless otherwise agreed. Services beyond this are invoiced separately. The time of this service is determined by W&W. If the cleaning interval falls on a public holiday, it is made up where possible. If this is not possible, it is cancelled without replacement. The customer must ensure free access to the toilet cabins to within 5 m for lorries. If this cannot be ensured, the customer undertakes to bring the toilet cabin to within 5 m of the service vehicle. If access was not ensured, the service is deemed to have been rendered by W&W. Complaints about the services must be lodged without delay.

k) Any supply connections required are provided by the customer.

l) The customer bears the costs of transporting and loading the rented item as well as the costs of the disposal and cleaning service.

4. Delivery

a) If the customer carries out the delivery and/or return delivery of the rented item themselves (only possible with individual written approval), they are responsible for its professional handling. Any damage to the rented item attributable to unprofessional handling is borne by the customer. If the customer fails to notify the delivery location, the customer is in default of acceptance. This does not apply if the customer collects the rented item themselves in good time for the agreed start of the rental. W&W is not liable for late delivery and/or return delivery of the rented item by transport companies commissioned by the customer on their own authority, unless the transport company was commissioned by W&W.

b) On delivery, the customer must ensure the proper and professional unloading of the rented item and its connection to supply connections. This does not apply where otherwise agreed with W&W. Any costs incurred are borne by the customer even if loading and unloading were carried out by or on behalf of W&W. When mobile toilet trailers and/or room units are rented, the costs of delivery and return delivery, assembly and/or dismantling work and final cleaning are not included in the rental price.

5. Complaints / defects

a) On delivery, the customer undertakes to check the rented item for freedom from defects and readiness for operation. Any defects found must be reported immediately. Notices of defects must be in writing to be effective. By accepting the rented item without objection, the customer acknowledges it as ready for operation and free of defects.

b) If defects or complaints arise during the rental period, they must be reported to W&W immediately. Defects caused by the fault of the customer are remedied at the customer's expense. There is no entitlement to reduce or terminate the agreed rental payment in respect of the latter defects.

c) Beyond claims for rent reduction in the case of defects acknowledged by W&W, and unless otherwise stated below, claims for damages by the customer are excluded. W&W is not liable for any lost profits or any financial losses of the customer caused by defects in the rented item.

d) W&W expressly points out that, in the case of rental of toilet cabins with a water tank, the water tank is filled only at the customer's request. W&W further points out that the water is not of drinking-water quality. W&W is not liable for contamination occurring after delivery of the water tank. The water tank is filled by W&W as part of the cleaning service; this is done solely at the express request and at the own risk of the customer. Filling is possible only in suitable weather conditions.

6. Limitation of liability

a) W&W is liable in accordance with the statutory provisions in cases of intent or gross negligence on the part of W&W or of its representatives or vicarious agents. Furthermore, W&W is liable only under the Produkthaftungsgesetz (German Product Liability Act) and in the event of injury to life, body or health or the culpable breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the contractual partner may regularly rely. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract. The liability of W&W is limited to the foreseeable damage typical of the contract also in cases of gross negligence, if none of the exceptions listed in sentence 2 of this paragraph applies. Foreseeable damage is limited to 150,000 euros in cases of damage to property and financial loss and to 10,000 euros in cases of processing damage. Higher liability limits may be agreed separately in writing, provided the customer bears the costs of the insurance taken out by W&W for this purpose.

b) However, liability for damage caused by the rented item to the customer's legal interests, for example damage to other property, is entirely excluded. This does not apply in cases of intent or gross negligence, or where liability arises from injury to life, body or health or from the culpable breach of essential contractual obligations within the meaning of clause VII paragraph 1 sentence 2.

c) The provisions of clause VII paragraphs 1 and 2 extend to damages in addition to performance and damages in lieu of performance, irrespective of the legal basis, in particular on account of defects, breach of obligations arising from the contractual relationship or tort. They also apply to claims for reimbursement of futile expenses.

d) Any further liability of W&W is excluded.

e) The customer undertakes to insure the rented item against fire, burglary, vandalism and theft for the entire rental period. This also applies to a rented item that the customer has reported as temporarily out of use. Proof of the insurance must be provided to W&W in writing.

7. Rental period

a) The rental period begins on the agreed date. If the rented item is delivered at a different time and W&W is responsible for the delay, the rental period in this case begins on the actual day of delivery.

b) In the case of toilet rental, the minimum rental period is 4 calendar weeks. Unless otherwise agreed in writing, the minimum rental period for mobile room units and containers is 30 days.

c) The rental period ends on the agreed date or at the start of the week following the notice of return. If no date has been set, the customer is obliged to announce the return date of the rented item in good time. The return date may be announced in writing or by fax, e-mail or telephone. If the customer continues to use the rented item after giving notice of return, or if W&W is unable to collect the rented item through the fault of the customer, the entitlement to rental payment continues.

d) Irrespective of the notice periods, the customer is obliged to register the collection date by Friday 12:30 at the latest if collection is to take place in the following calendar week. If this notice is not given, the customer is obliged to continue paying the rent for the duration of the delay in collection caused by the late notice.

8. Return of the rented item

a) Early return of the rented item by the customer does not release the customer from their contractual obligations.

b) The customer undertakes to return the rented item including accessories on time, in proper and cleaned condition. In the case of toilet rental, return in used condition is permitted. The customer must remove any items they have brought in before the return; otherwise W&W is entitled to dispose of the items at the customer's expense.

c) If soiling (except in the case of toilet rental), damage for which the customer is responsible or any necessary maintenance of the rented item is found on return, the customer owes the resulting costs.

d) Where W&W owes the customer collection of the rented item, collection takes place within 18 days of the end of the contract.

e) The burden of proving proper return lies with the customer, unless W&W is responsible for the collection.

9. Payment and invoicing terms

a) Invoices are payable immediately, without deduction.

b) In the case of toilet rental, invoicing is mainly carried out every four weeks in arrears. Each week commenced counts as a full week.

c) If the rented item is a mobile room unit or container, the rent is invoiced monthly in advance. Payment is due on the first working day of each month. For months that have not been completed, invoicing is based on the key date, with the return day charged in full.

d) Set-off against charges is excluded unless the counterclaim is undisputed or has been established by final judgment. Charges cannot be withheld, as the right of retention is not part of the contractual relationship.

e) If the customer exceeds the payment deadline, W&W is entitled to default interest from receipt of the first reminder. For a business, default interest amounts to 8 percentage points above the base rate; for a consumer, 5 percentage points above the base rate.

f) An administration fee of 5 euros is charged for each payment reminder.

g) If the customer's payment default exceeds 8 days, W&W reserves the right to take immediate possession of the rented item and all other items covered by the contract. The same applies if insolvency proceedings are opened over the customer's assets.

10. Security rights of the lessor / assignment of claims

a) On signing the rental contract, the customer assigns to W&W by way of security, up to the amount of the current and future claims of W&W, all current and future claims and entitlements against their insurer (to the extent permitted under the terms of their insurer) as well as all current and future claims against their own clients in respect of those services of the customer for which the rented item is used. W&W accepts the assignment and undertakes towards the customer not to disclose the assignment of claims to the third-party debtor or debtors as long as the customer is not in default and the rental relationship has not been terminated for good cause.

11. Termination for good cause

a) Both contracting parties are entitled to terminate the contract without notice for good cause if one party breaches its contractual obligations so seriously that the other party can no longer reasonably be expected to continue the rental relationship.

b) Good cause for termination by W&W exists if

the customer is in default with the payment of at least two instalments.
the customer makes the rented item available to third parties without authorisation.
the customer takes the rented item to a location not agreed in the contract.
the customer faces imminent insolvency or over-indebtedness within the meaning of §§ 17 ff. Insolvenzverordnung (German insolvency law).
enforcement measures are carried out against the customer.

12. Retention of title

a) If the customer purchases the rented item during or after the rental period, it remains the property of W&W until all purchase price claims have been paid in full. If the buyer is a business, the rented item also remains the property of W&W beyond this until all further rental and other claims of W&W arising from the business relationship with this customer have been settled in full.

13. Further provisions

a) Supplements and amendments must be in writing to be valid. The written form requirement can only be waived by written agreement.

b) If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. Both contracting parties undertake to replace the wholly or partly invalid provisions with provisions that come closest to the economic purpose of the original provision.

c) Since 01.08.2004, private individuals have been obliged to keep invoices and the proof of payment (bank statement) for two years.

14. Data protection

In accordance with § 33 Bundesdatenschutzgesetz (German Federal Data Protection Act), the customer agrees that data concerning their person and the circumstances relevant to the contractual relationship may be stored, amended and/or deleted by W&W and, where necessary and provided the interests of the customer are not evidently infringed, transmitted to third parties for proper processing.

15. Place of jurisdiction

The place of jurisdiction and place of performance is the registered office of W&W, provided the contracting parties are merchants. However, W&W is also entitled to sue the customer at the customer's general place of jurisdiction.