1. Subject matter and duration of the contract

The subject matter of the contract is generally the rental of technical equipment, installation and dismantling, as well as technical supervision during the event. This agreement covers the terms and conditions for rental objects, duration of events and rentals, as well as other services and prices. The rented items remain the property of TOP-Event (hereinafter referred to as "lessor"). A subletting is only allowed with the permission of the lessor.

Unless otherwise agreed, the rental period begins at the latest with the handover of the equipment and ends with the return of the equipment. The rental period is calculated by days or weeks. The minimum rental period is one day. Started days shall be counted in full. The rental period begins at the latest with the arrival of the equipment at the place of use. It ends with the return of the equipment to the lessor. In case of late return of the rented object, for whatever reason, the rental fee is to be paid for each day commenced. If the lessor incurs additional costs as a result of this, these shall be borne by the client.

2. Transfer of risk / protection and use of the rented object

All risks of the rented objects are transferred to the client at the time of handover respectively the risk is transferred back to the lessor when the rented objects are taken back. During the rental period, the lessee undertakes to use the rented items only during the agreed operating hours and to handle them carefully and in accordance with the conditions of use specified by the manufacturer.

The Customer shall be liable to the Lessor for the agreed use and all damage to the leased object during the actual rental period.

3. Warranty

TOP-Event undertakes to perform all agreed services with the utmost care and is liable for the agreed functionality of the rented equipment at the time of transfer of risk to the exclusion of further claims as follows: If, at the time of the transfer of risk, the hired equipment has a defect which renders it unfit for use in accordance with the contract or diminished to an extent which equals a cancellation, the lessor may choose to repair the defect, replace the defective equipment or withdraw from the contract. The tenant is exempted from the obligation to pay the rent for the duration of the suspension of the suitability. If the suitability of the leased property is only reduced, the rental or service fee will be reduced accordingly. The lessor shall only be liable for damages incurred by the lessee when using the leased property if the damage occurred intentionally or grossly negligently by the lessor or his vicarious agents and insofar as the injury to life, limb or health caused by the lessor or his vicarious agents was at least negligently caused.

Any further liability is excluded.

The lessee shall be responsible to the lessor for all damages resulting from the use of the leased property which is not in accordance with the terms and conditions. The damage caused by accidental loss or destruction as well as accidental damage after the passing of risk shall be borne by the lessee. In the event of total loss or damage to the leased property, the lessee shall reimburse the replacement value (new value) of the leased equipment.

4. Requirements at the installation location

At the agreed time of installation or dismantling, the client undertakes to provide the project team with unobstructed access or access to and parking space for the project team, otherwise the client will reimburse the lessor for the costs incurred.

The client shall ensure that any services provided by third parties (e. g. power connections, stage structures, approvals etc.) are provided in a timely manner.

With the start of the technical set-up, sufficient food and beverages must be provided for TOP-Event staff. If this should not be possible, the lessor will charge the client the statutory daily allowance and any additional costs incurred.

5. Prices/Terms of payment

All prices are exclusive of statutory value added tax. Unless otherwise agreed, the invoice amount plus statutory value added tax is due immediately and without deduction. If the due date of more than five days is exceeded, default interest in the amount of 10 percentage points above the base interest rate of the European Central Bank shall be deemed to have been agreed.

6. Withdrawal from the contract

If the client withdraws from the contract, the client undertakes to pay the following cancellation fees as a percentage of the value of the order or additional proven costs incurred:

In case of cancellation of the contract up to 6 months prior to the agreed start of the event 15 %, up to 30 days prior to this date 30 % and up to 7 days prior to this date 75 %. After this period, the fee for withdrawal from the contract is 100%. The cancellation fee is due at the time of cancellation.

7. Place of Performance and Jurisdiction

The place of performance for all services shall be Vienna.

Place of jurisdiction is Vienna.
Vienna, October 2017