Terms and Conditions

§ 1

Scope

1. These General Terms and Conditions apply to all contracts between NeuBit – Magic Mirror Verleih, owner Anatoliy Neuberger (hereinafter “the Lessor”), and its customers (hereinafter “the Hirer”) for the rental and provision of a Magic Mirror photo mirror and the add-on services offered with it.

2. Deviating arrangements apply only if they have been expressly agreed between the Lessor and the Hirer.

3. The services, prices, event dates and other individual arrangements agreed in each case are set out in the respective offer or rental contract.

§ 2

Offer and conclusion of contract

1. The Lessor’s offers are generally non-binding and subject to the availability of the requested event date.

2. A rental contract is concluded when the Hirer expressly accepts the offer and the event date is subsequently reserved with binding effect.

3. A binding reservation requires a deposit of €100.00, unless the offer states otherwise.

4. The event date is reserved with binding effect once the agreed deposit has been received. The deposit is credited against the total price.

5. Individual arrangements in the offer or rental contract take precedence over these terms.

§ 3

Rental item and services

1. The rental item is the Magic Mirror photo mirror described in the respective offer, including the agreed technical equipment and accessories.

2. The basic service includes in particular:

• Magic Mirror 65" photo mirror with touchscreen
• camera and lighting
• set-up and dismantling by the Lessor
• instruction in its operation
• individual layouts or frames
• integration of names, date or logo by prior arrangement
• QR code download of the pictures taken
• online gallery with the pictures taken during the event

3. Add-on services such as photo prints, accessories, a red carpet, on-site staff or an extension of the rental period are charged only if they have been agreed.

§ 4

Rental period and extension

1. The regular rental period is approx. 48 hours from the agreed set-up time.

2. The exact set-up and dismantling times are agreed in the respective offer or rental contract.

3. An extension beyond the regular rental period is possible by prior arrangement and subject to availability.

4. For each further 24-hour unit or part thereof after the regular rental period has ended, €100.00 is charged, unless the offer states otherwise.

5. Extensions must in principle be agreed with the Lessor in advance.

§ 5

Delivery, set-up and dismantling

1. Transport, set-up and dismantling of the photo mirror are in principle carried out by the Lessor.

2. The Hirer ensures that the agreed location is accessible at the agreed time and suitable for transporting the device.

3. Stairs, narrow passages, missing lifts or any other particular difficulties must be notified to the Lessor before the contract is concluded.

4. The photo mirror weighs approx. 100 kg. The Hirer must ensure that the transport route and the location are suitable accordingly.

5. Once set up, the photo mirror must not be moved or transported by the Hirer or by guests on their own.

6. Set-up and dismantling each usually take about one hour. The actual time may vary depending on local conditions.

§ 6

Technical requirements

1. The photo mirror may be operated indoors only. Setting it up or using it outdoors is not permitted.

2. A suitable 230-volt power socket must be available at the location.

3. The Hirer provides the required power supply free of charge and in good time.

4. The photo mirror may be operated only with cables and components supplied or approved by the Lessor.

5. The Hirer must ensure that the location is protected against immediate hazards such as water, rain, strong vibrations or other harmful influences.

§ 7

Use of the photo mirror

1. The photo mirror may be used only as intended and within the photo mirror application provided.

2. In particular, the following are not permitted:

• moving or transporting the device on one’s own,
• tampering with the hardware or cabling,
• opening the device,
• installing additional software or programs,
• deleting or altering software or system data,
• using the built-in computer outside the application provided.

3. The display and the technical equipment must be handled with care and protected from damage, in particular scratches, impacts and liquids.

4. The Hirer must ensure that the guests at the event also use the device as intended and with care.

§ 8

Photo prints

1. Photo prints can be agreed as an optional add-on service.

2. They are billed solely on the basis of the prints actually used.

3. The applicable price per print is agreed in the offer. Unless otherwise agreed, the price is €0.50 per print in 10 × 15 cm format.

4. Prints not used are not charged.

5. The number of prints stated in the offer serves only as a non-binding basis for calculation and is not a minimum purchase quantity.

6. The number of prints actually used is determined after the event and billed accordingly.

§ 9

On-site staff

1. Attendance of the photo mirror by the Lessor or by additionally booked staff can be agreed for an extra charge.

2. Unless otherwise agreed in the offer, the price for on-site staff is €50.00 per hour.

3. The staff assist in particular with using the photo mirror, with photo printing and with operating the device safely.

4. Attendance is not part of the basic service unless it has been expressly agreed.

§ 10

Accessories and props

1. Props and a red carpet can be booked as an optional accessory package.

2. The accessory package comprises the items named in the respective offer.

3. The props must be used as intended and with care.

4. Damage to or loss of rented accessories may be charged to the Hirer in accordance with the statutory provisions.

§ 11

Pictures and digital use

1. During the agreed rental period, an unlimited number of digital pictures can in principle be taken.

2. No particular minimum number of pictures is guaranteed.

3. The Hirer is responsible for ensuring that the use of the photo mirror and the pictures taken with it at the event are lawful.

4. In particular, the Hirer is responsible for obtaining the consent of, or informing, the people pictured, where this is required under the applicable law.

§ 12

Online gallery and image data

1. The digital pictures taken during the event are in principle made available through the online gallery provided while the event is running.

2. After the event, the image data is made available for a period of 3 months, unless the respective offer states otherwise.

3. After this period, the image data may be deleted.

4. The Hirer is responsible for downloading the desired pictures within the period provided and for storing them permanently.

5. Statutory retention obligations for contract, booking and billing data remain unaffected.

6. Details of the processing of personal data are set out in the privacy policy published on the website.

§ 13

Individual design

1. Individual layouts, frames, start animations and the inclusion of names, date, logos or other content supplied by the Hirer can be implemented by prior arrangement.

2. The Hirer ensures that they hold the necessary rights of use to the logos, images, graphics, texts and other content supplied.

3. The Hirer indemnifies the Lessor against third-party claims arising from a design supplied by the Hirer and used by the Lessor as agreed, insofar as the Hirer is responsible for the infringement.

§ 14

Changes to the booking

1. Changes to the event details or the services booked can be requested up to 7 days before the event at the latest.

2. A change becomes binding only once the Lessor has confirmed it.

3. Changes may be declined in particular for reasons of scheduling, availability, logistics or technical requirements.

4. Short-notice changes after this deadline can be taken into account only where this is organisationally possible.

§ 15

Terms of payment

1. The total price is set out in the respective offer.

2. A deposit of €100.00 must be paid to reserve the event date with binding effect.

3. When the event takes place, the deposit is credited against the total price.

4. The remaining balance is due at the latest after the event ends or when the device is dismantled, unless a different payment arrangement has been made.

5. Add-on services whose final extent is known only after the event, in particular photo prints, are billed afterwards according to actual use or extent.

§ 16

Cancellation by the Hirer

1. If the Hirer cancels, the deposit of €100.00 paid is retained as a planning and reservation fee.

2. Further claims of the Lessor remain unaffected where the Lessor is entitled to them under the statutory provisions as a result of the cancellation.

3. The Hirer remains entitled to prove that the Lessor has incurred no loss or expense, or a lower one, where this is permitted by law.

§ 17

Technical failure and force majeure

1. The Lessor provides the photo mirror in technically working order.

2. Should the agreed service not be provided, or not be provided in full, because of a technical defect, force majeure or any other circumstance for which the Lessor is not responsible, the Lessor will try, within the practical and technical possibilities, to arrange a suitable solution.

3. If an agreed service definitively cannot be provided, payments already made for services not provided are taken into account in accordance with the statutory provisions.

4. Any further claims are governed by the statutory liability provisions.

§ 18

Liability of the Hirer

1. The Hirer must handle the rental item with care during the agreed period of use.

2. The Hirer is liable in accordance with the statutory provisions for damage to the rental item caused by the Hirer or by persons for whose conduct the Hirer is responsible.

3. This applies in particular to damage caused by improper use, wilful damage, liquids, impacts, improper tampering or moving the device on one’s own.

4. Damage, faults or any other irregularities must be reported to the Lessor without delay.

5. In the event of loss or total loss, the statutory provisions on damages apply.

§ 19

Liability of the Lessor

1. The Lessor is liable in accordance with the statutory provisions.

2. Liability for injury to life, body or health and for damage caused by intent or gross negligence remains unaffected.

3. In all other respects, the statutory liability provisions apply.

§ 20

Identity document

To secure the rental item, the Lessor is entitled to ask to see a valid identity document and — where there is a legal basis for this and it is necessary — to make a corresponding copy or record.

§ 21

Invoicing and VAT

1. The Lessor issues invoices in accordance with the statutory requirements.

2. Where the small business scheme under § 19 UStG applies, no VAT is shown.

§ 22

Set-off and right of retention

The Hirer may set off only claims that are undisputed or have been finally established by a court. Statutory rights of retention remain unaffected.

§ 23

Place of jurisdiction and applicable law

1. The law of the Federal Republic of Germany applies.

2. For consumers, the statutory rules on jurisdiction apply.

3. If the Hirer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, Ingolstadt is agreed as the place of jurisdiction, to the extent permitted by law.

§ 24

Consumer arbitration

The Lessor is not obliged and, as a rule, not willing to take part in dispute resolution proceedings before a consumer arbitration board.

§ 25

Final provisions

1. Individual arrangements between the Lessor and the Hirer take precedence over these terms.

2. Amendments and additions to the contract should be made in text form for evidential purposes.

3. Should individual provisions of these terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.