Terms & Conditions

§ 1 General

1. These General Terms and Conditions (hereinafter "T&C") form the basis and an integral part of all contracts concluded between R-T-S Rail & Tracking Systems GmbH (hereinafter "RTS") and its contractual partners (hereinafter "Customer") concerning the rental of equipment, the provision of operating personnel and/or related goods and services supplied by RTS. They also apply to all future business relationships, even if they are not expressly agreed upon again. At the latest upon placement of an order, these conditions shall be deemed accepted. Any deviating conditions of the Customer are invalid and are hereby expressly rejected.

2. No collateral agreements have been made. Should any collateral agreements be made, they require written form to be effective.

3. Our offers are non-binding and subject to change. We reserve the right to rent items to third parties in the interim. All prices are net prices, i.e. plus the applicable statutory VAT.

4. When fees are charged for personnel, they are based on a working day of 10 hours. Overtime will be invoiced separately. Overtime that exceeds statutory limits requires prior approval from RTS management.

5. It is solely the responsibility of the System Operator to carry out or abort an operation as soon as they identify any risk or danger to persons and/or equipment.

§ 2 Rental Period and Order Cancellation

1. The rental period begins when the equipment is made available at RTS's registered office in Winnweiler on the agreed delivery or collection date and ends upon return to RTS's registered office, but not before the expiry of the agreed rental period. The rental period is always calculated in full days. Return of the rented items must take place at RTS's registered office by 16:00 on the agreed return date.

2. If the agreed rental period is exceeded without consent, RTS will charge the full daily rental rate as a usage fee for each additional day. Return after 16:00 also constitutes a late return. If RTS incurs damages beyond the usage fee due to the late return, the Customer shall be liable for such damages.

3. The Customer has the right to cancel in writing in accordance with the following provisions. Cancellation must be in writing to be effective.

4. In the event of cancellation, the Customer is obligated to pay as compensation:

The date of receipt of the cancellation notice at RTS is decisive. The Customer reserves the right to prove a lesser loss.

5. The agreed rental fee is also due if the equipment was not in use and/or was only on standby.

§ 3 Transport and Delivery

1. Transport is at the Customer's risk, unless RTS carries out the delivery using its own means of transport.

2. If the Customer undertakes transport, all collection, delivery and deadline arrangements must be expressly confirmed by RTS.

3. If delays caused by the Customer or a third party commissioned by the Customer to carry out transport result in a delay to RTS's performance, RTS is entitled to withdraw from the contract.

§ 4 Obligations of the Customer

1. The equipment rented from RTS is technically complex and correspondingly sensitive to interference, and may therefore only be operated by RTS personnel. Operation by persons not employed by RTS requires RTS's approval. The Customer undertakes to handle the rented equipment with care and to have it transported and assembled only by appropriately trained personnel. The instructions of RTS regarding the rental equipment must be followed.

2. The Customer undertakes to provide truthful information about the intended purpose of use.

3. The Customer must inform RTS if the equipment is to be used at outdoor events and must ensure that the rental equipment is adequately protected from the effects of weather.

4. Sub-letting of RTS rental equipment is only permitted with the express written consent of RTS.

5. Pledging or transferring the rental equipment as security is prohibited, is ineffective against RTS and will be prosecuted under criminal law. If any attachments are made to RTS property, RTS must be notified immediately.

6. If the Customer violates paragraphs 1 to 5, RTS is entitled to terminate the rental agreement without notice without losing its claims to rental payments for the agreed contract period.

7. Duty to cooperate:

a. The Customer must ensure an uninterrupted power supply during use of the rental items. The Customer shall be liable for any damage caused by power failures, power interruptions or voltage fluctuations.

b. The Customer must ensure access to the equipment for RTS employees or agents of RTS at all times during the rental period.

8. Rental without RTS personnel:

a. If rental items are provided to the Customer for their own use — with the express approval of RTS — the Customer is obligated to inspect the rental items upon acceptance for completeness and freedom from defects and to report any defects or incompleteness to RTS immediately. If the Customer fails to inspect or notify, the condition of the rental items shall be deemed approved and free of defects. Notification must be in writing.

b. The rental items must be returned to RTS's registered office in complete, orderly and clean condition no later than the last day of the agreed rental period. Rental equipment returned in a dirty condition will be cleaned at the Customer's expense.

c. RTS expressly reserves the right to inspect the equipment thoroughly after return and to report any damage within 5 working days.

d. If a defect occurs during the rental period, the Customer is only entitled to rectification if they can prove that operating errors were not causally or contributorily responsible for the defect.

e. The Customer must ensure ongoing compliance with safety guidelines, in particular accident prevention regulations.

§ 5 Insurance

1. The Customer and/or their property insurance shall be fully liable for all damages to rental equipment and to RTS personnel caused by improper or grossly negligent handling during the rental period (loss, theft, damage, liability). This also includes damage caused by lightning, overvoltage or damage caused by third parties, in particular freelancers or guests.

2. Upon request, the Customer must provide proof of adequate obligatory property insurance at the time of contract conclusion or at the latest upon collection of the rental items. If they fail to provide such proof, a surcharge of 5% of the order value will be charged. If RTS arranges property insurance, a minimum excess of EUR 1,000 applies. In the event of a claim on RTS's insurance, the excess shall be borne by the Customer.

3. If one or more rental items fail, the Customer must notify RTS immediately. The place of performance for remedial action is RTS's registered office in Winnweiler. RTS is entitled, but not obligated, to repair or replace the equipment concerned after becoming aware of a defect. Repair interventions or attempts by the Customer on RTS equipment are prohibited; any violation shall result in the Customer bearing the full cost of repairs. Claims for reduction in rent cannot be made after the event. Such claims are also excluded if the Customer refuses RTS a reasonable period and opportunity to remedy the defect(s), or if it transpires that the failure of the rental equipment is attributable to improper interference by the Customer or third parties.

4. If the Customer requests a replacement unit without there being any grounds attributable to RTS for which RTS owes a remedy, this constitutes a separate rental, the full cost of which the Customer must bear in addition.

§ 6 Liability

1. RTS shall be liable for damages if the damage was caused by RTS intentionally or through gross negligence.

2. RTS shall also be liable for slightly negligent breaches of material contractual obligations ("cardinal obligations"), limited to the foreseeable loss typical of the contract.

3. In all other respects, RTS shall only be liable in the event of injury to body or health and in the case of mandatory statutory provisions, in particular the Product Liability Act.

4. Claims for damages are otherwise excluded.

5. Any claims for damages against RTS are limited to three million euros for personal injury and property damage and to EUR 740,000 for financial losses; this does not apply if RTS is accused of gross negligence, intent or grossly negligent breach of material contractual obligations.

6. Clause 5 also applies to vicarious agents, officers and employees of RTS.

§ 7 Payment Terms

1. Invoices issued are due within 2 weeks of the invoice date without deduction.

2. RTS is entitled to make the handover of rental items conditional on full advance payment; this applies in particular to first-time orders.

3. If the Customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), they shall owe default interest at a rate of 8% above the base rate in the event of late payment. The right to claim further damages from default is reserved.

4. The decisive factor for the timeliness of payment is the receipt of funds at RTS.

§ 8 Grounds for Termination

1. A rental agreement may only be terminated by either party for good cause. This also applies to additional services.

2. RTS is entitled to terminate the rental agreement without notice if:

a. the Customer falls into arrears with payments, their financial circumstances deteriorate substantially, enforcement measures are taken, or insolvency proceedings or out-of-court settlement proceedings are applied for against their assets.

b. the rental items are used in breach of contract or RTS personnel are to be deployed in breach of contract.

c. the Customer falls into arrears with payment of rent due at successive intervals for two consecutive due dates or with a total amount equal to the rent due for two periods.

§ 9 Third-Party Rights

The Customer must keep the rental items free from all encumbrances, claims, attachments and other assertions of rights by third parties. They are obligated to notify RTS immediately of such measures by third parties, providing all necessary documents. The Customer shall bear the costs of defending against such interference, unless the interference is attributable to RTS's sphere.

§ 10 Place of Jurisdiction and Performance

1. The place of performance is RTS's registered office in Winnweiler. If the Customer is a merchant, a private individual with sole residence abroad, or a legal entity under public law, the registered office of RTS shall be the exclusive place of jurisdiction.

2. If the Customer is a merchant, our place of jurisdiction is Kaiserslautern.

3. These T&C and all legal relationships between RTS and the Customer are governed exclusively by the law of the Federal Republic of Germany. German is the language of negotiation and contract.

§ 11 Severability Clause

Should any provision of these Terms and Conditions be legally invalid, all remaining provisions shall remain in force; the invalid provision shall be replaced by a valid provision that comes closest to the meaning of the original provision.