a) These General Rental Terms (GRT) apply only to business with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), including corporations, institutions and foundations under public law. They are an integral part of the rental offers and rental contracts of RADACOM GmbH, hereinafter referred to as "RADACOM", and apply in their respective current version to all future rental contracts with RADACOM as well. For business with private individuals, these GRT apply to the extent that the individual provisions are legally permissible.
b) These terms apply in addition to the General Terms and Conditions (GTC) of RADACOM in their respective current version, which can be viewed on the business premises and on the website. Points not regulated here follow from the GTC. In the event of conflicting provisions on individual points, these General Rental Terms take precedence over the GTC.
a) Unless another period is noted on the offer, RADACOM is bound to the prices offered for 30 days from the date of the offer.
b) Upon submission of an offer, the material offered is reserved by RADACOM non-bindingly for the specified period. Until a rental contract is concluded, however, there is no entitlement to the material offered. RADACOM expressly reserves the right to interim rental. Fulfilment is always only carried out according to the respective availability.
a) The contracting party of the rental contract with RADACOM is the person or company named as addressee in the letterhead of the delivery note, or alternatively of the offer, hereinafter referred to as "renter". The renter under this contract need not be identical with the user of the rental object.
b) A rental contract is only concluded upon the explicit confirmation by RADACOM of a legally valid rental order placed by the renter (usually by dated signature and company stamp on an offer prepared by RADACOM, by email or other clear written declaration of intent). If written confirmation by RADACOM has not been given prior to delivery, the delivery of the ordered goods and services by RADACOM is deemed an order confirmation.
c) The subject of the rental contract is the individual devices listed in RADACOM's order confirmation, including permanently connected accessories or accessories necessary for operation (e.g. cables, mounting material etc.) as well as items provided free of charge (e.g. test or reserve devices). RADACOM reserves the right, in the event of insufficient availability, not to supply offered free additional services (e.g. reserve devices, replacement batteries) or to supply, instead of the items named in the offer and on the same terms, other items that fulfil the offered functions in at least the same way.
d) The renter is entitled to transfer the rental object to third parties, hereinafter referred to as "user", for use and to commercially sub-let it within the EU, Norway, Liechtenstein and Switzerland. Moving the rental object outside the countries named here requires the express permission of RADACOM. In the event of transfer to third parties, however, the renter remains liable to RADACOM for all breaches of the contractual obligations described here. This also applies to those breaches of contract that arise directly from the use of the rental object by the user. The obligations of the user are equivalent to the obligations of the renter named here.
a) The rental period extends over the period specified on the delivery note, or alternatively the offer. If a start of the rental period is not expressly specified, the rental period begins with the handover of the rental object to the renter or the shipping service provider. The rental contract ends with the expiry of the rental period, and if not clearly specified at the latest with the cessation of work on the deployment specified on the delivery note (e.g. event dismantling). The service period in the fiscal sense corresponds to the rental period defined here. The calculation days specified in the rental calculation may differ from the actual days of use and the rental period.
b) The rent is usually calculated, for a rental period of up to 30 days, according to the days of use, and for longer periods according to the entire rental period. Use beyond the number of days of use agreed in the rental contract must be reported to RADACOM before the additional use. Tacit additional use is prohibited and entitles RADACOM to charge the entire rental period as time of use or to terminate the rental contract immediately.
c) Relevant for invoicing are the quantities listed on the delivery note. The renter recognises delivery notes amended by RADACOM, or documents equivalent to a delivery note for the delivery or subsequent delivery of rental objects by RADACOM, as the basis for calculation.
d) If, according to the rental contract, the rent is to be paid in a single payment, this is to be paid within 14 days of invoicing, unless other payment terms are specified. If the rental period is calculated by months or monthly instalments are agreed as payment terms, these are to be paid in advance on the first of each month.
e) If a rent is not named in an offer or order, the rent usually charged by RADACOM for the rental object (list price) applies. In the case of a subsequently changed rental duration, the corresponding, possibly time-dependent, graduated discount of the discount list used in the offer or usually applied for this customer or this customer group applies.
f) Reserve devices provided by RADACOM are charged like the other devices as soon as they are used by the renter in addition to the other devices. Additional use is presumed if the packaging of the reserve material has been opened, or if the reserve material is no longer in the delivered condition (soiled, battery empty, cable knotted, etc.) and no circumstance can be established that indicates use of the reserve device instead of another device.
g) If RADACOM is in default with the delivery of the rental object, the renter must set RADACOM a reasonable grace period.
h) If the handover to the customer is delayed by at least one day for reasons within the customer's responsibility, RADACOM is entitled, until the time of actual handover, to dispose of the rental object otherwise and to supply other items that fulfil the offered functions in at least the same way, on the same terms.
i) Deliveries and other additional services (e.g. installation and support of systems, frequency or network usage fees) are charged separately, unless they are expressly included in the offer or order confirmation.
j) If a supplier commissioned by RADACOM has to wait more than 10 minutes when handing over the rental object due to the renter's fault and RADACOM incurs costs as a result, RADACOM is entitled to charge the renter the additional costs incurred, but at least € 5 plus VAT for each further started 10 minutes of waiting time.
a) The rental period or the scope of the rental object can be changed at the renter's request, subject to availability.
b) A withdrawal is a dissolution or restriction of the rental contract not based on the conduct of the contracting party; a termination is a dissolution of the rental contract based on the conduct of the contracting party. Withdrawal or termination must be made in writing.
c) If the renter withdraws from the rental contract in whole or in part later than 7 days before the agreed start of the rental, RADACOM is entitled, without proof of damage, to charge 50% of the agreed rent for the first 14 days. If the withdrawal occurs after the start of the agreed rental period, RADACOM is entitled, without proof of damage, to charge the full rent for the rental period already elapsed as well as 50% of the agreed rent for the following 7 rental days.
d) A complete or partial withdrawal from the rental contract by RADACOM is possible if, due to an event occurring after conclusion of the contract and not attributable to RADACOM, full performance of the contract would not be possible or only possible under uneconomical conditions.
e) Termination of the contract by one of the contracting parties is permissible if the other contracting party fails to fulfil its main contractual obligations within the agreed time. This is the case in particular if the renter no longer meets their payment obligation or treats the rental object improperly. The right to terminate for good cause remains unaffected by this.
f) A delayed delivery not attributable to RADACOM by the shipping service provider commissioned with the delivery is deemed a risk within the customer's sphere and does not entitle the customer to terminate.
a) RADACOM permits the renter the proper and contractual use of the devices provided; for radio-technology devices this may include the use of frequencies allocated to RADACOM, and for communication means based on public mobile networks the use of the network within the agreed framework. In doing so, the relevant legal provisions must be observed, in particular the permitted deployment area stated on the device packaging, the operating instructions or the delivery note, or alternatively the deployment area agreed in the context of the order, and any other usage restrictions, the recognised rules of technology, as well as RADACOM's instructions. The maximum permitted usage radius around the location specified by the customer is at most 15 kilometres. Additional legal restrictions may apply near borders. If no specific location of use is specified, this is inferred from the context of the request (e.g. event site). The renter is liable for the consequences of unauthorised use.
b) If frequencies licensed to RADACOM are used by the renter, the renter is obliged to provide RADACOM, on request, with all usage data relevant to the frequency licence, in particular the exact location and time of use as well as a person responsible for the radio technology. RADACOM uses this data only within the scope of its duty of care and information towards the Federal Network Agency or other competent authorities. If this data is not, or not completely, made available to RADACOM, the devices are used without warranty. The data is not otherwise used or passed on to third parties. Where applicable, programmed frequencies are only licensed for the deployment area named by the customer. Use of frequencies subject to registration outside this deployment area requires separate approval by the competent authorities. Use outside the deployment country resulting from the contract documents (offer, order, delivery note) is contrary to the contract and may not be legally permitted.
c) If the renter commissions RADACOM to program the radio-technology devices according to their wishes, the renter is liable for the permissibility of the use of these parameters.
d) If the renter commissions RADACOM with installation work, the renter must ensure reasonable setup and dismantling times as well as free access to the installation site throughout the entire installation period. The installation site for stationary antennas should be located as centrally as possible, have a line of sight to the area to be served and be reachable with available means (e.g. high-rise roof, church tower). The installation site for a stationary radio system should be no more than 15 metres from the antenna installation site, weather-protected, ventilated and equipped with a standard household power supply. If these conditions are not met, restrictions to radio coverage may occur. If the customer cannot guarantee the conditions named, RADACOM must be informed immediately.
e) Unless expressly agreed otherwise, the use of communication means based on public mobile networks refers exclusively to the exchange of voice and text messages, status information and control commands between the devices listed in the rental contract within the preset German home network. Planned or spontaneous use in foreign networks, e.g. outside the usage area agreed on the delivery note or also in the border area (roaming), requires immediate notification by the renter or user to RADACOM and may be charged separately afterwards. Despite technical precautions, automatic registration in foreign networks cannot be excluded in every case. Any additional costs arising from this are to be borne by the renter.
f) The renter is not permitted, without the express permission of RADACOM, to download programs, images or other data onto rented devices, to store them there, or to use the devices in any way other than for the operation of the preset service including the implemented additional services (e.g. GPS tracking). Data transfer via SIM cards provided by RADACOM is to be limited to the necessary extent.
g) The renter is obliged to use the rental object carefully and to maintain it in the delivered condition; in particular, the provided operating instructions must be read before use, and these as well as usage and care instructions must be carefully observed. Consumables that fail or are consumed during the rental period (e.g. standard household batteries, lamps, adhesive tape) are to be replaced by the renter at their own expense. Consumable items that can no longer be rented out after return are invoiced to the renter by RADACOM, unless consumption was explicitly included in the contract.
h) In the event of non-observance of the supplied instructions and manuals, resulting in a reduction in the usable value of the rental object or additional effort to restore the original condition, RADACOM is entitled to withdraw payment discounts granted on the affected contract with immediate effect.
i) The renter is obliged to protect the rental object from strong electromagnetic fields, such as during thunderstorms or near high-voltage lines. The renter is liable for damage caused by strong electromagnetic fields.
j) Lithium-based batteries may only be transported in the transport packaging provided by RADACOM and only mounted directly on the device or in the intended battery compartments, or in other packaging that meets the legal requirements for the shipment of lithium-based batteries.
k) The serial numbers, manufacturer, ownership and information labels or other identification marks attached to the rental object may not be removed, covered or in any way defaced or made illegible.
l) The renter is only entitled to make changes, installations, attachments etc. to the rental object with the prior consent of RADACOM. The same applies to installing the rental object in a manner that cannot be reversed at short notice. Any changes must be carried out professionally and in compliance with applicable laws and recognised rules of technology.
m) Upon termination of the rental contract, the renter is obliged to restore the former condition of the rental object at their own expense or, on the basis of a clear declaration of intent by RADACOM, to maintain the changed condition. If the renter returns the rental object in the condition they created, the renter cannot demand reimbursement of the expenses incurred for change, installation, removal etc. of the rental object. This also applies if the value of the rental object has increased due to change, installation or removal by the renter.
n) Upon termination of the rental contract, the renter must return the rental object to RADACOM, or initiate its return, immediately (usually on the next working day) in proper condition, at their own cost and risk. They are not entitled to retain the rental object after the end of the rental period without RADACOM's consent, to pass it on to third parties or to otherwise restrict RADACOM's power of disposal over the rental object.
o) If the rental object is returned late by the renter, they must, notwithstanding the further obligation to pay damages, at least pay the agreed rent corresponding to the duration of the delay until the return of the rental object.
p) RADACOM acknowledges receipt of returned rented items only with regard to quantity, not with regard to functionality. RADACOM reserves the right of recourse within 15 working days of receipt if damage is found during a detailed inspection of the devices.
a) The renter must compensate for damage not covered by an insurance taken out under the rental contract with RADACOM that arises during the rental period from non-contractual use of the rental object. This also includes resulting financial and other damage to third parties.
b) During the rental period, the renter bears the risk of loss and deterioration of the rental object. Accidental events do not release the renter from fulfilling their obligations. RADACOM must be informed in writing immediately of the occurrence of one of these events. The renter's liability begins with the takeover of the rental object by the renter, user, their vicarious agent or the transport service provider, and ends with the complete and unambiguous return of the rental object by the renter or transport service provider to RADACOM or a commissioned vicarious agent of RADACOM.
c) In the event of a deterioration of the rental object that exceeds the level of wear to be expected under normal use, the renter is obliged to restore the rental object to a condition that corresponds at least to the quality at the time of handover to the renter, or to provide RADACOM with compensation for the repair or replacement of the deteriorated object, and to pay the agreed rent for the duration of a repair or replacement procurement.
d) Rental objects not returned to RADACOM or demonstrably returned within four weeks after the end of the agreed rental period are deemed lost. The renter is liable for financial damage to RADACOM caused by the unavailability of the rental objects after the expiry of the commissioned rental period.
e) In the event of loss of the rental object, the renter is obliged to replace the rental object with another equivalent one and to transfer ownership to RADACOM, or to compensate RADACOM for the value of the lost or deteriorated rental object. If RADACOM makes use of compensation in value, RADACOM will, subject to availability, provide the renter with an equivalent rental object to continue the rental relationship.
f) RADACOM is entitled, notwithstanding further repair or maintenance costs, to charge a maintenance flat fee of € 5 net for each of the following cases: the subsequent removal or reattachment of adhesive tape and similar markings applied or removed by the renter; cables that have been bent, knotted or wound with a radius of less than 5 cm, pinched or subjected to other improper loads that have visibly changed the material or are likely to considerably shorten its service life; antennas, transport cases and other parts whose condition has been altered by the application of force; as well as material changes not attributable to normal wear (e.g. colour, shape, etc.).
g) Basic insurance for normal usage damage (wear) is automatically concluded with the placement of the order by the renter and is included in the stated rent. Premium insurance can be included by explicit, non-struck-out mention on the delivery note or order.
h) The basic insurance applies worldwide and covers repair costs for electronic and mechanical defects that arise during the rental deployment, as well as, where applicable, the replacement of the rental object at the handover location or the provision of a replacement or service at the place of deployment, if this was arranged by RADACOM. Excluded from the basic insurance are the replacement procurement in the event of theft or other loss of the rental object, and the restoration in the event of damage due to gross negligence or intent on the part of the renter, as well as any damage caused by the effects of moisture, dust, smoke, heat, cold and mechanical damage to devices and accessories due to falls or other application of force.
i) The premium insurance covers, provided the renter complies with the duty of care, damage or loss within the EU, Norway, Liechtenstein and Switzerland, less an excess per insured event of € 250 in the event of damage; or, in the event of loss exceeding € 250, 25% of the loss amount on the basis of the normal sales price. Otherwise, the General Conditions for Electronics Insurance and the insurer's additional clauses, which can be viewed on RADACOM's business premises and website, apply.
j) If the premium insurance is not included in the rent, it is charged either pro rata to value or according to uniform daily rates in accordance with the current price list. For handheld devices, accessories subject to rental costs or individually rented accessories, a single daily rate is charged per day; radio stations (mobile devices) count double, repeaters fivefold and announcement units tenfold. For transports outside Germany, one additional day is charged for each transport. Unused reserve devices and rental-cost-free accessories are insured free of charge. If, under these conditions, it can be presumed that a reserve device was used in addition to the other devices, an insurance contribution for the entire calculation period applies to that device, unless the renter can prove that they used the reserve device only part of the time.
k) A prerequisite for reimbursement by the premium insurance is comprehensible written documentation of the handover of the devices and accessories to the respective user or custodian as well as their return to the device dispatcher.
l) Any damage to the rental object must be reported to RADACOM immediately upon becoming known, stating the fault or damage, and the affected parts must be clearly marked. If the renter is themselves the client of a transport service, they must additionally assert transport damage directly to the transport company within the special deadlines provided for this.
m) Damage or losses must be reported by the renter immediately to RADACOM and, if caused by the action of third parties, additionally to the competent police authority. The data necessary for claims processing must be made available to RADACOM within five working days of the occurrence of the damage. If the renter fails to fulfil this duty to cooperate, any agreed insurance cover (premium insurance) lapses.
n) If the renter waives the premium insurance or the rental object leaves its area of validity, the renter must take out their own full insurance in sufficient amount. The renter hereby assigns to RADACOM future claims to insurance benefits to which they are entitled under insurance policies taken out in the event that the rental object is lost or deteriorates for reasons attributable to the renter.
a) RADACOM is not liable for disturbances or interruptions of radio traffic caused by electromagnetic emissions of third parties (persons or machines). If disturbances occur, the renter must report them to RADACOM immediately and give RADACOM the opportunity to provide an alternative technical solution, where applicable also by telephone instruction. The exemption from rent and any compensation for damages is only justified if the disturbance of radio operation lies within RADACOM's area of responsibility and is limited to the charged days on which the rental object demonstrably did not function properly.
b) If the renter has worked on the rental object or made changes that are not described in an operating manual provided by RADACOM, RADACOM is not liable for functional limitations or damage.
c) Within the limits of what is legally permissible, the liability of RADACOM arising from a rental contract is limited to the agreed rental sum.
d) The renter is obliged to keep the rental object free from all rights possibly asserted by third parties in relation to the rental object. If such rights are asserted, the renter must inform RADACOM immediately in writing, enclosing the necessary documents. The renter bears all costs for defending against the assertion of third-party rights.
This English text is a translation provided for convenience only. In the event of any discrepancy or dispute, the German version is solely authoritative and legally binding.