General Terms and Conditions of Rental of Goods

Table of Contents

1. Scope of application
2. Conclusion of contract
3. Right of revocation
4. Provision of the rented item
5. Rent and payment terms
6. Security deposit
7. Use of the rented item, transfer of use to third parties
8. Obligations of the tenant
9. Modifications to the rented item
10. Landlord's maintenance obligation, tenant's rights in case of defects
11. Liability
12. Term of contract, termination of the tenancy
13. Return of the rented item
14. Applicable law
15. Jurisdiction
16. Alternative dispute resolution

1) Geltungsbereich

1.1 These General Terms and Conditions (hereinafter "GTC") of ASCEND GmbH (hereinafter "Lessor") shall apply to all rental agreements concluded by a consumer or entrepreneur (hereinafter "Lessee") with the Lessor with regard to the rental items presented on the Lessor's website. The inclusion of the Lessee's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Formation of Contract

2.1 The rental items described on the landlord's website do not constitute binding offers on the part of the landlord, but serve to submit a binding offer for the conclusion of a rental contract by the tenant.

2.2 The tenant may submit the offer via the online order form integrated into the landlord's website. Hereby, after placing the selected rental items in the virtual shopping cart and completing the electronic order process, the tenant submits a legally binding contract offer with regard to the rental items contained in the shopping cart by clicking the button that completes the order process.

2.3 The landlord may accept the tenant's offer within five days

• by transmitting a written order confirmation or an order confirmation in text form (fax or email) to the tenant, whereby the receipt of the order confirmation by the tenant is decisive in this respect, or
• by handing over the rental item to the tenant, whereby the receipt of the rental item by the customer is decisive in this respect, or
• by requesting payment from the tenant after submission of the tenant's order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. If the landlord does not accept the tenant's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the tenant is no longer bound by the declaration of intent.

2.4 The period for acceptance of the offer begins to run on the day after the offer is submitted by the tenant and ends with the expiration of the fifth day following the submission of the offer.

2.5 When submitting an offer via the landlord's online order form, the contract text is stored by the landlord after conclusion of the contract and transmitted to the tenant in text form (e.g., email, fax, or letter) after submission of the tenant's order. No further accessibility of the contract text is provided by the landlord.

2.6 Prior to the binding submission of the order via the landlord's online order form, the tenant can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct their inputs within the framework of the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 German is available for the conclusion of the contract.

2.8 The order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided by the customer for order processing is correct, so that emails sent by the landlord can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the landlord or by third parties commissioned by the landlord with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are fundamentally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the bailor's withdrawal notice.

4) Handing Over of the Rented Item

4.1 The handing over of the rented item shall generally take place by means of shipping to the delivery address provided by the tenant. The delivery address indicated in the landlord's ordering process shall be decisive, unless otherwise agreed.

4.2 If the transport company returns the shipped rented item to the landlord because delivery to the tenant was not possible, the tenant shall bear the costs for the unsuccessful shipping. This shall not apply if the tenant effectively exercises his right of revocation, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the landlord had announced the service to him an appropriate time in advance.

4.3 If the parties have agreed upon collection of the rented item, the landlord shall first inform the tenant by email that the rented item is ready for collection. Upon receipt of this email, the tenant may collect the rented item from the agreed collection address after consultation with the landlord. In this case, no shipping costs shall be charged.

4.4 In the event of collection of the rented item by the tenant, the landlord reserves the right to verify the identity and age of the tenant by means of a valid official photo ID. If the tenant is not yet of legal age, the landlord may make the handing over of the rented item dependent on written consent from the tenant's legal representative.

4.5 If the tenant does not collect the rented item personally but has it collected by a third party commissioned by him, the tenant shall inform the landlord of the identity of the third party in advance. In the event of collection of the rented item by a third party, the landlord reserves the right to verify the identity of the third party by means of a valid official photo ID.

5) Miete und Zahlungsbedingungen

5.1 The prices indicated on the website of the lessor are total prices that include the statutory value-added tax. Any additionally incurred delivery and shipping costs are indicated separately on the website of the lessor.

5.2 The rent includes the compensation for the provision of the rented item as well as for its maintenance and repair.

5.3 Adjustments and/or modifications of the rented item made at the request of the lessee shall be compensated separately, insofar as they are not required for the maintenance or repair of the rented item or for ensuring the contractual use thereof.

5.4 The rent shall be billed as follows:

• The rent is payable monthly in advance by no later than the fifth business day of each month, unless otherwise agreed. The obligation to pay rent begins with the provision of the rented item to the lessee. For the month in which the rented item is first provided, the rent shall be 1/30 of the amount agreed as rent in the contract form for each day following delivery. The rent shall be debited monthly by direct debit (direct debit) from the lessee's bank account. The lessee hereby grants the lessor a revocable direct debit authorization (SEPA mandate). If the direct debit is not honored due to insufficient account balance or due to the provision of incorrect bank details, or if the lessee objects to the direct debit although not entitled to do so, the lessee shall bear the fees incurred by the respective credit institution for the return debit, provided the lessee is responsible for this. Any additionally incurred delivery and shipping costs shall be paid together with the first rent.
• The rent is payable in advance for the entire contract term, unless otherwise agreed. For the payment of the rent, the lessee may choose between the different payment methods indicated on the website of the lessor. Any additionally incurred delivery and shipping costs are to be paid together with the rent.

6) Deposit

6.1 To secure its claims, the landlord reserves the right to require the tenant to provide a security in the form of a sum of money (deposit), the amount of which is indicated in the offer on the landlord's website. The amount of the security to be provided by the tenant is based on the market value of the rented item. The deposit must be paid by the tenant in advance in the same manner as the rent.

6.2 If the tenant returns the rented item at the end of the tenancy in proper condition and with all accessories, the landlord shall refund the deposit paid by the tenant to the tenant within seven calendar days. For the refund of the deposit, the landlord may use the same payment method that the tenant used to pay the deposit.

6.3 If the tenant does not return the rented item in full or not in proper condition, or if the rented item has been permanently lost, the landlord shall retain the corresponding amount from the deposit to cover its damage, provided that the tenant is responsible for this. The landlord reserves the right to claim any higher damage if the deposit is insufficient to cover the damage.

7) Use of the Rented Item, Transfer of Use to Third Parties

7.1 The rented item may only be used for the contractually agreed purposes.

7.2 The tenant is entitled to transfer the use of the rented item to a third party, insofar as it follows from the agreed purpose of the rental that the rented item is also intended to be used by third parties.

8) Obligations of the Tenant

The tenant shall handle the rented item with care and protect it from damage. He/she shall follow the landlord's maintenance, care, and usage instructions to the extent reasonable for him/her. Markings on the rented item, in particular signs, numbers, or inscriptions, may not be removed, altered, or made unrecognizable.

9) Amendments to the Rented Item

9.1 The landlord is entitled to make amendments to the rented item, provided these serve to maintain it. Measures for improvement may only be carried out if they are reasonable for the tenant and the contractual use of the rented item is not impaired thereby. The landlord shall notify the tenant of such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these shall be reimbursed by the landlord.

9.2 Amendments and additions to the rented item by the tenant require the prior consent of the landlord. This applies in particular to additions or installations as well as the connection of the rented item with other objects. Upon return of the rented item, the tenant shall restore the original condition at the landlord's request.

10) Lessor's Maintenance Obligation, Tenant's Rights in Case of Defects

10.1 The lessor is obligated to maintain the rented item in a condition suitable for contractual use for the entire lease term and to carry out the necessary maintenance and repair work. The corresponding measures shall be taken at regular maintenance intervals as well as upon the occurrence of defects, malfunctions, or damage. The lessor must be granted the necessary access to the rented item for this purpose.

10.2 The tenant shall notify the lessor without delay of any defects, malfunctions, or damage that arise.

10.3 Defects shall be remedied by way of free-of-charge repair or replacement of the rented item. For this purpose, the lessor shall be granted a reasonable period of time. With the tenant's consent, the lessor may replace the rented item or individual components of the rented item for the purpose of eliminating the defect. The tenant shall not unreasonably withhold consent thereto.

10.4 A termination by the tenant pursuant to § 543 Abs. 2 Satz 1 Nr. 1 BGB due to the non‑grant of contractual use shall only be permissible once the lessor has been granted sufficient opportunity to remedy the defect and such remedy has failed. A failure of the defect remedy shall be deemed to exist only if it is impossible, if it is refused by the lessor or delayed in an unreasonable manner, if there are reasonable doubts as to the prospects of success, or if for other reasons the situation is unreasonable for the tenant.

10.5 The tenant's rights due to defects are excluded insofar as the tenant carries out or causes to be carried out alterations to the rented item without the lessor's consent, unless the tenant proves that the alterations have no effects on the analysis and elimination of the defect that would be unreasonable for the lessor. The tenant's rights due to defects remain unaffected insofar as the tenant is entitled to make alterations, in particular in exercising the self‑remediation right pursuant to § 536a Abs. 2 BGB, provided that these have been carried out in a professional manner and documented in a comprehensible way.

11) Liability

11.1 The landlord's liability without fault under § 536a para. 1 BGB for defects that were already present at the time of contract conclusion is excluded.

11.2 Otherwise, the landlord shall be liable to the tenant for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

11.2.1 The landlord shall be liable without limitation from any legal basis

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body or health,
• based on a guarantee promise, insofar as nothing to the contrary is regulated,
• based on mandatory liability such as under the Product Liability Act.

11.2.2 If the tenant acts as a consumer with registered office in Germany or as an entrepreneur, the following liability limitations shall apply:

If the landlord breaches a material contractual obligation through negligence, his liability shall be limited to the contract-typical, foreseeable damage, provided that he is not liable without limitation pursuant to the preceding number. Material contractual obligations are obligations that the contract imposes on the landlord according to its content for the achievement of the contract purpose, the fulfillment of which first enables the proper performance of the contract and on the compliance with which the tenant may regularly rely. Otherwise, the landlord's liability is excluded, provided that he is not liable without limitation pursuant to the preceding number.

11.2.3 The preceding liability provisions shall also apply with regard to the landlord's liability for his vicarious agents and legal representatives.

12) Term of Contract, Termination of the Rental Relationship

12.1 The rental agreement is concluded for an indefinite period and may be terminated by either party by ordinary notice at the end of a month.

12.2 The rent begins with the handover of the rented item to the tenant.

12.3 The tenant's right to extraordinary termination pursuant to § 543 para. 2 sentence 1 no. 1 BGB due to non-grant of contractual use, as well as the right of either party to extraordinary termination for good cause, shall remain unaffected.

12.4 Notices of termination must be given in writing or in text form (e.g., by e-mail).

13) Return of the Rental Item

13.1 Upon termination of the contractual relationship, the tenant must return the rental item to the landlord in proper condition.

13.2 The tenant must reimburse the costs for restoration in the case of damage or defects to the rental item for which the tenant is responsible.

13.3 If the tenant is obligated under the contract to return the rental item, the tenant shall bear the costs for the return transport of the rental item, unless otherwise agreed.

13.4 In the event of exceeding the agreed rental period, the tenant is obligated to pay the landlord an amount corresponding to the agreed rent for each day of the excess. The landlord expressly reserves the right to assert any damages exceeding this amount.

14) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

15) Jurisdiction

If the lessee acts as a merchant, a legal entity under public law, or a public‑law special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the lessor.

If the lessee has its registered office outside the territory of the Federal Republic of Germany, then the registered office of the lessor shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the lessee's professional or commercial activity.

In the aforementioned cases, however, the lessor is in any case entitled to bring an action before the court at the lessee's registered office.

16) Alternative Dispute Resolution

The lessor is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 21.08.2026, 00:55:26