General terms and conditions (GTC) for the use of the Equipleon online platform. #GENERAL
The general terms and conditions apply to the business relationships between the user of the online platform quipleon.com and Equipleon GmbH (hereinafter Equipleon).
Equipleon offers an online marketplace on which companies who want to offer sports equipment, sports classes and sports related activities (hereinafter: partners) and who are interested in renting can find each other. The users (partners and prospective tenants) must register to be able to use the online marketplace. Potential tenants have the option of registering as a guest. Registration is free.
Equipleon offers partners the option of placing sports equipment on the online platform using various content such as images, descriptions and prices. Those interested in renting can search for and book sports equipment on the online platform.
Equipleon itself does not offer any sports equipment and is not a partners of sports equipment.
Equipleon transmits rental inquiries from prospective tenants to partners via the online platform. Equipleon offers prospective tenants an evaluation function with which they can evaluate partners after the rental process has been completed.
If a rental or service contract is closed between the partners and prospective tenant, Equipleon has a claim against the partners for payment of a fee (hereinafter: agency commission). The amount of the agency commission is based on the gross rental price agreed between the partners and the prospective tenant.
Equipleon’s services offered to users are subject to availability.
If the rental or service contract is closed between the partners and the prospective tenant, Equipleon is entitled to payment of a commission from the partners. This amounts to 20% of the gross rental price (excluding the deposit) agreed between the partners and the prospective tenant. Equipleon handles the payment process for the partners. The withheld payments are paid monthly to the partners minus the agency commission. For a surcharge, the payout interval can be increased to a weekly cycle.
Special conditions only apply if Equipleon expressly agrees to them.
Deviating general terms and conditions of the partners are not recognized. This also applies if Equipleon does not expressly contradict this.
RIGHTS AND OBLIGATIONS OF USERS, PERFORMANCE PROCESSING
Partners can use the online platform after registration has been completed. Potential tenants can use the platform without a user account (booking as a guest) or with a user account.
The user is obliged to provide truthful, current and complete information when registering.
Any natural or legal person can use Equipleon's booking function as soon as they have properly registered. The user account must be managed by a legally competent natural or legal person who is authorized to represent.
With the complete registration (password, e-mail address, surname, first name) and with agreement to these terms and conditions and the data protection declaration, a contract for the use of the Equipleon services and the user account is closed between the platform operator and the partners and prospective tenants will be set up.
The user is obliged to keep the data up-to-date and correct and to keep the password he has chosen secret.
An account with the platform operator is not transferable.
The user is obliged to inform Equipleon immediately if he suspects unauthorized use of the user account.
The partners can advertise his sports equipment on the online marketplace, stating equipment details such as size, age and brand, pictures, his contact details and the rental price and the deposit ("offer"). It is the responsibility of the partners to ensure that its information and content, especially images, are lawful and do not infringe the rights of third parties.
The partners is obliged to provide true and correct information in the contact details and payment processing data.
The partners is obliged to correctly and completely describe the sports equipment offered in words and pictures. This includes all properties of the sports equipment that are of essential importance for the prospective tenant, in particular defects or disadvantages that not only negatively affect normal use.
The partners is obliged to state the full rental price of the respective sports equipment including the applicable sales tax and other price components in the offer.
The partners is obliged not to charge any further fees, commissions or other payments from the prospective tenant beyond the stated price.
The partners is obliged to pay the agency commission within 14 days of the invoice being issued.
The prospective tenant is obliged to provide true and correct information with the contact details and the data for payment processing.
The prospective tenant is obliged to convince himself of the identity of the partners.
With the confirmation of a booking, an effective contract is created between the partners and the prospective tenant regarding the obligation to provide the sports equipment for a certain period of time. The setting up of the sports equipment does not constitute a legally binding offer by the rental company. A contract is only closed when the rental company confirms the booking.
The fee to be paid results from the price agreed between the partners and the prospective tenant for the provision of the sports equipment.
The contractual agreement of the deposit is the sole responsibility of the partners and the prospective tenant. When the sports equipment is handed over, the partners is entitled to demand the deposit from the prospective tenant; the demand is due immediately.
If the rental of the sports equipment is not possible, for example because the corresponding device is not available in sufficient numbers, Equipleon will refrain from a declaration of acceptance. In this case, a contract between the partners and the prospective tenant does not come about (see also §9).
By making a booking with a partners, you accept Equipleon's and the partners's terms and conditions with regard to cancellations and no-shows, as well as any additional terms and conditions of the partners that may come into effect in relation to your booking.
Please note that certain rates, fees, or offers may not be canceled, refunded, or changed.
The cancellation and prepayment conditions vary depending on the sport, partners, product or service of each booking. Please carefully check the information in your booking confirmation regarding additional provisions of the partners (e.g. age restrictions, damage deposit, non-cancellability, accepted credit cards).
Equipleon reserves the right to withhold a flat rate of € 8 for return debit procedures due to end users. ### 7.5 In the event of foreseeable deviations from the booking, the prospective tenant must inform the partners immediately.
The users are obliged to provide only truthful information in the submitted reviews and to comply with the statutory provisions. Reviews should be factual and should not contain any criticism or personal information other than user names.
A control of the ratings by Equipleon does not take place.
It is forbidden to give inaccurate reviews and to write reviews about yourself.
Equipleon reserves the right to delete reviews if they violate the Equipleon terms and conditions, in particular statutory provisions or the rights of third parties.
PROHIBITED CONTENT AND ACTIVITIES
The partners and prospective tenants are obliged to ensure that their behavior on the online platform complies with the applicable laws and the Equipleon terms and conditions. Repeated violations of the prohibitions mentioned below lead to exclusion from the platform or to penalties. In particular, the following content and activities are prohibited: • Statements and images relevant to criminal law, insults, untrue statements of fact, defamatory criticism, otherwise defamatory statements, • Dissemination, duplication and making available to the public of works protected by copyright (texts, photographs, graphics and videos, etc.) if the user does not have the appropriate rights of use, • use of the platform for their own commercial purposes that go beyond the actual purpose of this platform, • the publication of images with people without their consent, • the disruption, interruption or excessive loading of the services by Equipleon, • De-anonymization of other users or the publication of personal data of third parties, • The use of the account, username or password of another partners or prospective tenant • It is forbidden to cancel a booking with the platform operator and to use the iden table then between the partners and the prospective tenant without involving the platform operator. • It is forbidden to block or change content generated by the platform operator, partners or prospective tenant, or to interfere with the Equipleon services, especially if this leads to an excessive load on the Equipleon infrastructure. • It is forbidden to offer sports equipment, the rental of which violates legal regulations or the rights of third parties, at Equipleon. • It is forbidden to manipulate the search function of the Equipleon services, e.g. by incorrectly including brand names in the sports equipment description. • It is forbidden to confirm bookings if the availability of the requested sports equipment is not guaranteed.
By making it publicly available on the Equipleon online platform (release, upload, input of content), the user grants Equipleon the free, non-exclusive, spatially and temporally unlimited right to use this work (in part or in full) worldwide to provide the services offered by Equipleon or to advertise this service on the Internet or a mobile application (right of public access), to use this work worldwide to provide the services offered by Equipleon or to advertise this service in print media, on posters of all kinds, radio and television advertising (Right of broadcast, distribution, reproduction, public reproduction) as well as the right to edit or redesign the works and the right to transfer these rights to third parties as far as this is necessary for the fulfillment of the purpose (provision of the service advertised or offered by Equipleon).
A check of the uploads made by the users by Equipleon does not take place.
Equipleon reserves the right to delete content in whole or in part, as far as the content is to be regarded as illegal or as prohibited content or as a prohibited activity within the meaning of these terms and conditions and the applicable customs and standards.
Equipleon reserves the right, in the event that a user violates legal regulations, third party rights, the terms and conditions or applicable customs and norms, to exclude the user temporarily or permanently from using the platform, to delete offers or other content of this member, • to restrict the use of the platform for the user, • to warn the member, • to initiate other legal steps (such as filing criminal charges).
If the contract between the partners and prospective tenant repeatedly fails to come about after the booking has been made, for example because the corresponding device is not available in sufficient numbers, Equipleon reserves the right to remove the partners from the platform.
These measures are at Equipleon's reasonable discretion. When exercising this discretion, Equipleon takes into account the legitimate interests of the user and the circumstances of the individual case, in particular the degree of fault.
As soon as a user has been blocked, this member may not log in with another user account or use the services of Equipleon via another user account. USER'S LIABILITY
The partners and the prospective tenant indemnify Equipleon from all claims that other partners and prospective tenants or other third parties may make against the platform operator due to the violation of their rights through the offers, content posted by the partners and the prospective tenant or due to other use of the Equipleon services, including the reviews submitted by the prospective tenant. The partners and the prospective tenant assume the necessary costs of the platform operator's legal defense, including legal and court costs in the statutory amount. This does not apply if the partners and the prospective tenant are not responsible for the breach of duty. In addition, the partners and the prospective tenant undertake to immediately, truthfully and completely provide Equipleon with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
Equipleon is not liable for untruthful information provided by partners or prospective tenants regarding their identity. The partners and prospective tenants are obliged to convince themselves of each other's identity.
Equipleon's liability for damages is excluded. Excluded from this are claims for damages by the partners and prospective tenants from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) on the part of Equipleon as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by Equipleon, its statutory Representatives or vicarious agents are based. Essential contractual obligations are those, the fulfillment of which is necessary to achieve the objective of the contract between Equipleon with the partners and prospective tenants.
In the event of a breach of essential contractual obligations on the part of Equipleon, Equipleon is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless it concerns claims for damages by the partners and prospective tenant due to injury to life, body or health.
The restrictions of §11 also apply in favor of Equipleon’s legal representatives and vicarious agents, if claims are asserted directly against them.
Sports equipment cannot be booked by legal minors (up to 16 years of age). Equipleon is not liable for bookings made by minors and the resulting damage. Partners are obliged to check the information provided by prospective tenants before handing over the sports equipment. The legal guardians are liable for bookings by minors and the resulting losses (e.g. loss of sales), as well as violations.
CONTRACT DURATION, TERMINATION
The license agreement runs for an indefinite period from the time of registration.
Equipleon can take the following measures if there are concrete indications that a partners or prospective tenant is violating the statutory provisions (in particular racist content), third party rights (in particular content infringing copyright), the Equipleon terms and conditions and customs and norms (in particular pornographic content) or this is necessary to protect partners and prospective tenants, especially against fraudulent activities. • Warning to stop the misconduct • Initiation of legal steps, in particular filing criminal charges
Deletion of offers, ratings or other content; If this was not successful: temporary blocking; if this was not successful: permanent blocking. When choosing the measures, Equipleon takes into account the legitimate interests of the partners and prospective tenants, in particular whether the respective violation is to blame for the partners or prospective tenant.
A final blocking is possible if the partners or prospective tenant has given incorrect contact details, he transfers his Equipleon account, he repeatedly violates the statutory provisions, third party rights or the Equipleon terms and conditions, causes significant damage to other partners or prospective tenants or a comparable one there is an important reason.
There is no entitlement to the restoration of the permanently blocked Equipleon account. The copyrights of the blocked partners or prospective tenant are preserved.
If the partners or prospective tenant is blocked, they may not use the Equipleon services with a different Equipleon account and may not log in again.
The blocking has no effect on contracts closed before the blocking via the online marketplace.
Partners and prospective tenants can terminate this contract with Equipleon at any time without giving reasons. Equipleon can terminate this contract at any time with 14 days' notice to the end of the month. The right to block the partners or the prospective tenant remains unaffected.
The right to block and / or terminate for an important reason remains unaffected.
Equipleon holds the copyright to all images, films and texts that have not been published by users. Use of the images, films and texts is not permitted without express consent.
The partners and prospective tenants may not use the contact data obtained through the use of the Equipleon services, such as telephone numbers or e-mail addresses, for any purposes other than for contractual and pre-contractual communication. In particular, it is forbidden to resell data or to use it for sending advertising.
Equipleon reserves the right to change the terms and conditions with effect for the future.
Changes to the terms and conditions are announced four weeks in advance and posted on the website. Users will be informed of changes by email.
No further action is required on the part of the user, as these changes are made automatically on the respective effective date. If you'd prefer to decline these changes and close your account, you can do so prior to the Effective Date at no additional charge.
The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the prospective tenant has his habitual residence as a consumer, remain unaffected. All disputes arising from or in connection with these general terms and conditions and our services are to be asserted exclusively before the competent court in Munich, Germany.
The country-specific translation is based on the German original. The translated version of these Terms is a courtesy translation and is for informational and internal company purposes only. In the event of disputes, inconsistencies or discrepancies between the German version and the version in another language, the German version applies within the framework of the statutory provisions and is binding. The German version can be found on our platform (if you choose German as the language) or it will be sent to you in writing on request.
If one of the provisions of this contract is or becomes ineffective, not enforceable or non-binding, this shall not affect all other provisions applicable to the contracting parties. In this case, the contractual partners shall replace the ineffective or non-binding provision within the framework of the statutory provisions with an effective and binding provision that, in view of the content and purpose of this contract, has, as far as possible, a similar effect to the ineffective, non-enforceable or non-binding provision ha