1. Scope of Application and Exclusivity
(1) These General Terms and Conditions (“GTC”) apply to all contractual relationships between
PEAKLUMEN GmbH (hereinafter “PEAKLUMEN”) and its contractual partners (hereinafter referred to as the “Organizer” and/or “Renter”).
(2) These GTC govern in particular:
events and event-related services,
rental of technical equipment,
delivery, installation, operation, supervision, dismantling, and related services.
(3) Any conflicting, deviating, or supplementary terms and conditions of the Organizer/Renter shall not apply unless expressly agreed in writing by PEAKLUMEN.
2. Offers and Conclusion of Contract
(1) All offers by PEAKLUMEN are subject to change and non-binding.
(2) The Organizer’s/Renter’s order constitutes a binding contractual offer.
The order and PEAKLUMEN’s acceptance require written form (e.g. signed document, email).
(3) PEAKLUMEN may accept the offer up to shortly before the start of performance or rental, but no later than 14 days after receipt of the order.
3. Liability – General Principles
(1) PEAKLUMEN shall be liable without limitation:
in cases of intent or gross negligence,
in cases of injury to life, body, or health,
in accordance with mandatory product liability law.
(2) In cases of simple negligence, PEAKLUMEN shall be liable only for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable, typical damage.
(3) Any further liability is excluded to the extent legally permissible.
(4) PEAKLUMEN shall not be liable for damages resulting from:
improper setup, operation, or dismantling by the Organizer/Renter or third parties,
non-compliance with safety instructions,
weather conditions, provided no gross negligence exists,
insufficient, unstable, or faulty power supply.
4. Obligations of the Organizer / Renter
(1) The Organizer/Renter shall, at their own expense, ensure:
a sufficient and stable power supply (type and capacity to be clarified in advance),
unrestricted and ready access to the venue at the agreed time,
suitable access routes (at least one large van with trailer).
(2) For venues with difficult access, safe and reasonable transport routes to the stage must be provided
(max. 25% gradient, min. 2 m width).
(3) All applicable regulations (fire safety, structural integrity, electrical regulations, building codes, official requirements, etc.) must be communicated to PEAKLUMEN in advance.
5. Technician Position
(1) The Organizer shall provide a technician table with minimum dimensions of
2.00 m × 1.00 m × 0.80 m, with an unobstructed view of the stage.
(2) The technician position must be adequately protected against weather conditions, unauthorized access, and hazards.
(3) A platform for the technician table is recommended but not mandatory.
6. Safety and Right of Intervention
(1) If PEAKLUMEN operates or supervises technical equipment, PEAKLUMEN is entitled to shut down or dismantle equipment if:
there is a risk to persons,
damage to equipment is imminent,
official warnings (e.g. severe weather warnings) are issued.
(2) In such cases, no claims for damages may be asserted against PEAKLUMEN, unless intent or gross negligence applies.
7. Advertising
PEAKLUMEN is entitled to display its own advertising materials at the event location, provided this does not unreasonably interfere with the Organizer’s legitimate interests.
8. GEMA and Other Fees
All GEMA fees, royalties, and comparable charges shall be borne exclusively by the Organizer/Renter.
9. Smoke and Fire Detectors
(1) The Organizer/Renter shall ensure, in coordination with responsible authorities, that relevant smoke and fire detectors are deactivated during setup and dismantling.
(2) The Organizer/Renter shall be liable for any damages or costs incurred due to non-compliance.
10. Cancellation by the Organizer / Renter
(1) Cancellations require written form.
(2) The following cancellation fees apply:
up to 3 months before start: 25%,
3 to 1 month before start: 50%,
up to 3 days before start: 80%.
(3) The decisive factor is receipt of the cancellation notice by PEAKLUMEN.
(4) The Organizer/Renter bears the sole economic and financial risk of the event.
PEAKLUMEN is not obliged to reduce prices or waive claims due to lack of success.
11. Cancellation by PEAKLUMEN
(1) PEAKLUMEN may withdraw from the contract for good cause.
(2) PEAKLUMEN may withdraw from the contract prior to performance if continuation cannot reasonably be expected, taking into account the interests of both parties.
(3) PEAKLUMEN is not obliged to provide a substitute service provider.
12. Rental Period
(1) The rental period begins when equipment leaves PEAKLUMEN’s warehouse and ends upon return to the warehouse.
(2) Partial days count as full rental days.
Special arrangements (e.g. the 12:00 noon rule) remain applicable.
(3) Equipment not returned automatically extends the rental period.
13. Condition, Loss, and Return of Equipment
(1) Rental equipment must be handled with due care.
(2) Loss or damage shall be charged at replacement value.
(3) Small accessories are deemed lost if not returned.
14. Insurance
The Renter must adequately insure rental equipment against loss, theft, damage, and third-party liability.
Proof of insurance must be provided upon request.
15. Permits and Approvals
All necessary public-law permits and approvals must be obtained by the Organizer/Renter in due time and at their own expense.
16. Governing Law and Jurisdiction
(1) German law shall apply.
(2) Place of performance and jurisdiction is 82439 Großweil, insofar as legally permissible.
17. Severability Clause
Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a legally permissible provision that comes closest to the intended economic purpose.