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ALLGEMEINE GESCHÄFTSBEDINGUNGEN (AGB)
DER HEJMO GMBH FÜR GESCHÄFTSKUNDEN (B2B)


The following Terms & Conditions are a translation of the original German version that can be found here: http://wp1056827.server-he.de/www/camp-moeve/agb-veranstalter. in case of any dispute the original German text will allways prevail. 

1. SCOPE OF APPLICATION, EXCLUSIVE APPLICABILITY, AMENDMENTS TO THE TERMS AND CONDITIONS

1.1 hejmo GmbH is a company based in Hamburg and primarily specializes in the rental of mobile accommodation and temporary camp structures to accommodate people, their assembly and dismantling as well as related separate services (planning and implementation of projects, organization of transports, Project support) (hereinafter also referred to as "our services"). The company is also active as a travel agent and arranges tented accommodations in combination with other travel services (e.g. surfing courses, climbing, mountain biking, etc.).

1.2 The present General Terms and Conditions (GTC) relate to what hejmo GmbH offers to entrepreneurs. Entrepreneur i.S.v. § 14 BGB is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising a commercial or independent professional activity. In this respect, hejmo GmbH does not provide any services to consumers within the meaning of § 13 BGB. There are separate terms and conditions for this, which can be accessed on the website www.domo-camp.org.

1.3 The terms and conditions are part of the contract and apply to all, including future business relationships between hejmo GmbH and its customers. The terms and conditions are fully accepted by the customer in the version applicable at the time the contract was concluded. Regulations deviating from these conditions, in particular any general terms and conditions of the customers, are hereby rejected.

1.4 If hejmo GmbH updates these terms and conditions, it will immediately inform the customer about the new version. The new terms and conditions become part of the contract if the customer has agreed to them or does not object to the terms and conditions within two weeks after notification of the update.

2. OFFER AND CONCLUSION OF CONTRACT

2.1 A contract is only concluded with the acceptance of an offer and subsequent written confirmation by hejmo GmbH. Hejmo GmbH reserves the right to offer goods to other interested parties during the requested rental period. It is therefore not bound by an offer that it makes to a customer

2.2 An offer from the GmbH is accepted by a customer or his vicarious agent

1 -    Written (e.g. by letter, fax or email) or verbal confirmation
2 -   Implied actions (e.g. offering and renting the tents offered by hejmo GmbH via the festival website)
3 -   Use or acceptance of services.

3. GENERAL PRINCIPLES OF PERFORMANCE

3.1 The details of the service provision (duration, scope, accessories, etc.) are specified in an offer, the order confirmation and / or in an individual agreement. In addition, the provisions of these general terms and conditions apply.

3.2 Statements and explanations of the services on the websites, social media appearances or other advertising materials of hejmo GmbH are not to be understood as a guarantee or assurance of a property. Statements on the subject of performance only represent guarantees or assurances in the legal sense if they are made in writing and are expressly marked as "guarantee" or "assurance".

3.3 hejmo GmbH is entitled to use subcontractors for the provision of services.

3.4. Hejmo GmbH reserves the right to attach advertising to the respective objects that hejmo GmbH makes available within the framework of these terms and conditions.

4. DESCRIPTION OF SERVICES / CUSTOMER'S DUTIES AND LIABILITY

4.1 hejmo GmbH rents mobile accommodation and temporary camp structures to its customers to accommodate people. The respective items remain the exclusive property of hejmo GmbH even during the rental period. The respective items are provided by hejmo GmbH without insurance. Insurance by the customer is strongly recommended.

4.2 In addition to the rental, hejmo GmbH also offers the transport, assembly and dismantling of the mobile accommodation, temporary camp structures and other services, if applicable.

a) If the customer wishes these items to be transported to a location to be specified by the customer, the following applies:

In this case the place of performance is the warehouse of hejmo GmbH. The risk of accidental loss or deterioration of the item to be delivered is then borne by the customer as soon as hejmo GmbH has delivered the item in question to the carrier, the carrier or the person otherwise assigned to carry out the shipment.

b) If the customer wants to assemble and dismantle the respective item himself, the following applies:

As far as the assembly and dismantling of the objects is carried out by the customer, the customer bears sole liability, which may result from the dismantling and assembly of the object or in connection with an improper or faulty assembly and disassembly of the respective object . The respective object may only be used in accordance with the assembly, dismantling and use recommendations of hejmo GmbH or the manufacturer.

c) If the customer wishes hejmo GmbH to assemble and dismantle the respective object, the following applies:

The customer has to restore the original condition of this site for flat, horizontal and for the desired objects buildable area and after the dismantling. The access and exit routes as well as the area in which the objects are to be set up must be accessible for vehicles with a payload of up to 7.5 t and a minimum width of 3.5 m.

If an installation site assigned by the customer does not correspond to the above parameters, the customer bears the additional costs that result from the renewed transport. If this second installation site, which must be within a radius of 10 km from the first installation site, is also unsuitable, hejmo GmbH is entitled to terminate the respective order, whereby in this case the customer is responsible for all expenses and costs incurred up to the termination hejmo GmbH is responsible. Furthermore, the customer assumes liability for any damage that may occur due to the assignment of an unsuitable site. The customer must ensure that there are no electricity, gas, telephone, water or other supply lines in the ground that could be damaged. The customer is also solely liable for any damage.

Hejmo GmbH needs at least 2 (two) hours to set up and dismantle standard mobile accommodation; for other types of accommodation, the corresponding times for set up and dismantling may vary.

In the event of unforeseen weather conditions (storm, hail, frost, etc.), the times for assembly and / or dismantling can be extended accordingly.

After the respective item has been handed over, the customer may not make any changes to the structure without the consent of hejmo GmbH.

4.3 The customer is obliged to be on site when assembling and dismantling the items. If the construction, dismantling or use of an object requires official approval, the customer must apply for this to the competent authority in good time so that it is available when the object is handed over or assembled, unless the parties make a separate and detailed special agreement . With the respective approval, hejmo GmbH will provide appropriate, appropriate and customary cooperation services at the request of the customer. The fees for the respective approval are to be borne exclusively by the customer. The customer is solely responsible for any supply and disposal loads (water, electricity, gas, etc.) as well as any connection, unless the parties make a separate and detailed special agreement.

4.4 The items may only be used for the agreed purpose and in a careful manner. The customer has to fully observe any assembly, dismantling, maintenance, care and use recommendations made by hejmo GmbH or the manufacturer. The work and services required to maintain and secure the built-up objects must be carried out by the customer at their own expense, even if damage occurs due to force majeure that makes use impossible or interrupts use. The customer is obliged to do everything reasonable to keep possible damage to the respective object as low as possible (e.g. in the event of a storm, the customer must secure the mobile accommodation, temporary camp structures and camp infrastructures accordingly; in the event of snowfall, the respective roofs are To vacate accommodations and superstructures). It is also the sole responsibility of the customer to ensure compliance with all applicable safety guidelines, official requirements and / or other restrictions. However, hejmo GmbH is entitled, but not obliged, to maintain and secure the provided items.

4.5 hejmo GmbH is entitled at any time to inspect the provided items in order to check the correctness of the Au from and the use and reserves the right to take necessary, appropriate measures without special notification of the customer, provided that neither the value nor the function the provided items as well as the rights of the respective users are not permanently and inappropriately affected.

4.6 The customer of hejmo GmbH must return the item in question in a perfect condition. Unless the dismantling is carried out by hejmo GmbH, the place of delivery is the hejmo GmbH warehouse.

4.7 The customer is liable for all damage to the provided objects that arise by him or third parties, or their loss in the amount of the replacement value of the respective object. The customer is liable for used, defective or lost, re-procurable parts of the respective item in the amount of the replacement value of the part plus the costs of installing the respective part. If an object is soiled, the customer must bear the respective costs of cleaning. Hejmo GmbH reserves the right to create a corresponding list with reasonable prices for replacement and cleaning, which the customer can view at any time upon request.

4.7 The further details of the services of hejmo GmbH are specified in an offer, the order confirmation and / or in an individual agreement.

5. DATES AND DELAYS OF PERFORMANCE

5.1 Any agreed dates are basically planned dates. These dates are only grounds for delay if they have been expressly agreed as "x".

5.2 If it becomes apparent during the provision of the service that the adherence to deadlines is at risk for reasons for which hejmo GmbH is responsible, hejmo GmbH will inform the customer immediately and explain the reasons and duration of the delay.

5.3 In the case of delays in appointments due to reasons for which hejmo GmbH is not responsible, appointments or delivery and service times are considered to be extended by the duration of the delay and a start-up time of 7 (seven) days after the end the delay.

6. REMUNERATION AND DEPOSIT

6.1 The remuneration of hejmo GmbH by the customer is based on the respective offer, order confirmation and / or individual agreement. Hejmo GmbH reserves the right to show the rental, transport and costs for other services separately. The remuneration is in each case plus the statutory sales tax.

6.2 hejmo GmbH reserves the right to make the collection and / or delivery of the respective items dependent on the payment of a deposit of 25% of the agreed remuneration. The deposit settlement takes place within 14 working days after the return of the respective item.

7. DUE DATE, DELAY, SET-OFF AND RIGHT OF RETENTION

7.1 Unless otherwise stipulated in the respective offer, order confirmation and / or individual agreement, 50% of the remuneration invoiced is due within 7 (seven) days of receipt of a proper invoice and 50% at the start of the rental upon handover to the customer.

7.2 In the event of default, hejmo GmbH is entitled to charge default interest at the statutory rate p.a. to calculate. Any further claims for damages remain unaffected.

7.3 Offsetting against payment claims by hejmo GmbH is only permitted with undisputed or legally established claims. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

8. ACCEPTANCE

8.1 If the parties conclude a contract for work or the contract that has been concluded primarily includes work management, the respective work must be approved. An owed work is completed with the acceptance. The following acceptance regulations apply to work.

8.2 The acceptance must take place immediately, however, at the latest within 6 (six) hours after the provision of the work or the service. Subsequent complaints are excluded, unless the defects are hidden. A work is to be accepted if it has essentially been produced in accordance with the contract. An acceptance may only be refused in writing or in text form (e.g. e-mail, fax) and not for reasons of taste or otherwise unfounded.

8.3 If the customer does not refuse acceptance in writing or in text form and with substantiated reasons within the period specified in Section 8.2, the work is deemed to have been accepted without reservation and without complaint. The same applies in the event that the customer uses the work / work productively. Productive use exists, for example, if the work / work is made accessible to third parties or is used by third parties.

8.4 hejmo GmbH is entitled to demand partial acceptance, provided that the service parts are separable.

9. PERFORMANCE FAILURE

9.1 Quality requirements of the owed service or the owed work that are subject to subjective assessment, in particular slight color deviations between the images and the item delivered, do not justify a warranty claim.

9.2
a) If the parties conclude a contract for work or a contract that primarily includes work management, the customer is entitled to the following warranty rights from Sections 9.3 - 9.5.

b) If the lease is a contract that primarily contains lease-related services, any claims for a reduction in the rent are excluded if the use of the items is impaired by circumstances for which hejmo GmbH is not responsible and the respective Deficiency did not already exist at the beginning of the respective rental. In addition, there are no warranty claims from a rental contract.

9.3 The customer shall notify hejmo GmbH of any defects in the work owed immediately and in a comprehensible manner, stating all information known to the customer that is useful for remedying the defect. In this respect, the customer assumes an obligation to notify in accordance with § 377 HGB.

9.4 If the work or work owed by hejmo GmbH is defective, hejmo GmbH will, upon written request, improve or re-provide the services at hejmo GmbH's option within a reasonable period of time. If a repair or a replacement delivery finally fails, the customer can withdraw from the contract or demand a reduction in price. A final failure occurs if the same defect cannot be remedied in spite of two attempts to remedy the defect or if hejmo GmbH unjustifiably refuses.

9.5 However, a warranty is excluded in cases of improper use or modification of the work by the customer or their partners and / or licensees.

9.6 The customer's warranty rights expire 12 months after hejmo GmbH has provided the service.

10. LIABILITY

10.1 The customer bears the liability for damage to the provided item from the transfer of risk to the return of the item. The customer is also responsible to hejmo GmbH for damage that occurs due to late or non-existent notification of defects or measures that have become necessary to protect the item against an unforeseen danger.

10.2 Hejmo GmbH will only be liable - for whatever legal reason - if the damage occurs

a) through culpable breach of an essential contractual obligation or essential secondary obligations in a manner that endangers the achievement of the contractual purpose or

b) was caused by gross negligence or intent on the part of hejmo GmbH.

10.3 If hejmo GmbH is liable in accordance with Clause 10.2a) for the breach of an essential contractual obligation without gross negligence or intent, the liability is limited to the extent of damage that hejmo GmbH caused when the contract was concluded based on what it was aware of at the time Circumstances typically had to be expected. This also applies to damage caused by gross negligence or willful misconduct by employees or agents of hejmo GmbH who do not belong to its managing directors or senior employees. Liability for consequential damage, in particular for lost profit or for compensation for third-party damage, is excluded, unless hejmo GmbH is guilty of willful intent or gross negligence.

10.3 Claims for damages under the Product Liability Act and for damage resulting from injury to life, limb or health remain unaffected by the above limitations of liability.

10.4 The above limitations of liability also apply in favor of any legal representatives and vicarious agents of hejmo GmbH who may be involved.

10.5 Any liability claims do not apply if the customer modifies or changes works, services or objects of hejmo GmbH, regardless of the extent to which such modifications or changes take place or have taken place. The same applies to damage caused by normal wear and tear, incorrect maintenance or improper or incorrect use.

10.6 hejmo GmbH is liable for a maximum of one year from the discovery of the breach of duty.

11. CANCELLATION AND TERMINATION

11.1 Unless otherwise agreed in the respective offer, order confirmation and / or in an individual agreement, the customer has the right to terminate the contract for whatever reason in accordance with the following provisions in return for payment of a cancellation fee. (Cancellation). The cancellation must be in writing to be effective and must be received in good time within the cancellation period below.

a) 25% of the total fee if the cancellation is made more than 100 days before the start of the rental.

b) 50% of the total amount if the cancellation is made between the 99 and the 50 days before the start of the rental.

c) 75% of the total amount if the cancellation is made between the 49th and 25th day before the start of the rental.

d) 100% of the total amount if the cancellation is made less than 24 days before the start of the rental.

11.2. The cancellation fee is due at the time of cancellation.

11.3 Without prejudice to the regulations of Zi. 11.1 and 11.2, the contract can only be terminated for good cause.

11.4 In addition, hejmo GmbH is also entitled to terminate the contract without notice,

a) if the customer does not meet the agreed payment date and, despite a corresponding payment claim with reference to the contractual legal consequences, does not pay the respective remuneration within a reasonable period;

b) if the customer uses the respective items in violation of the contract;

c) if there is a significant deterioration in the economic situation of the customer, in particular if sustained seizures or other enforcement measures are carried out against him or if insolvency proceedings or an out-of-court settlement procedure have been opened against his assets.

12. DATA PROTECTION

The customer's attention is drawn to the hejmo GmbH privacy policy. This declaration on data protection applies to all services and websites of hejmo GmbH. ››› http://wp1056827.server-he.de/www/camp-moeve/impressum-und-disclaimer

13. REFERENCE ADVERTISING

The customer agrees that hejmo GmbH may use his / her name and his / her logo on the website and social media presence of hejmo GmbH without restriction in terms of time and place in order to provide information about the provision of services or cooperation advertise.

14. APPLICABLE LAW
AND JURISDICTION

German law applies to the exclusion of the UN purchase law. The place of performance and jurisdiction for all services and delivery is Hamburg, Germany.

Status: March 2020