I. General Terms and Conditions (GTC) for Buyers
1.conclusion of contract/transfer of rights and obligations of the buyer
1.1 The Seller’s offer on which the order is based shall be non-binding and subject to change. The purchase contract shall be concluded when the Seller confirms acceptance of the order for the trailer specified in more detail in writing. The Seller reserves the right to refuse acceptance of an order. The Seller is obliged to notify the Purchaser in writing within 7 days if it does not accept the order.
1.2 Transfers of the Buyer’s rights and obligations under the Purchase Contract require the Seller’s written consent. In case of violation or attempted violation of this provision, the Seller may withdraw from the contract by written statement without setting a deadline.
1.3 The Seller’s offers are directed exclusively to commercial customers, public authorities, associations as well as social and ecclesiastical institutions within the meaning of §14 BGB (German Civil Code). Our offer is not directed to consumers within the meaning of §13 BGB. The tenant assures with his signature that he is a commercial customer, a public authority, an association or a social or ecclesiastical institution in the sense of §14 BGB.
1.4 The Buyer agrees that the personal data specified in the contract (in particular name, address, telephone number, e-mail address) which are necessary and required solely for the purpose of the implementation of the resulting contractual relationship, may be collected and processed on the basis of legal authorizations. In particular, the seller is entitled to transmit the personal data secured to COEO Inkasso in case of a defaulting payment from the contractual relationship. For any further use of the personal data and the collection of additional information, the consent of the person concerned is regularly required. The buyer agrees that the seller may use the following contact channels: email, fax, Whatsapp, and SMS.
Pursuant to Article 15 DSGVO, the buyer is entitled at any time to request comprehensive information from DANSTEP GmbH regarding the data stored about the buyer. Pursuant to Article 17 DSGVO, the Purchaser may at any time after termination of the contractual relationship request DANSTEP GmbH to correct, delete and block individual personal data. Furthermore, the purchaser may exercise his right to object at any time without giving reasons and amend or completely revoke the declaration of consent hereby granted with effect for the future. The purchaser can send the revocation either by post, by e-mail or by fax to DANSTEP GmbH. There will be no costs other than the postage costs or the transmission costs according to the existing prime rates.
1.5 The purchased item may only be operated with the fume hood running and the flap open.
1.6 The regulations for mobile catering and their approval differ greatly depending on the country, state, city, municipality and district. Therefore, before placing an order, DANSTEP GmbH advises customers to discuss the details of the offer / outline with the relevant authority and check for approval. In particular, the regulations on hygiene and fume hoods differ greatly from one another. Since DANSTEP GmbH always builds out according to the customer’s wishes, it is the customer’s/buyer’s responsibility to check in advance whether the vehicle is approved and suitable for the desired sales location and type of use. In particular, we advise the buyer to check the dimensions of the fume hood, the electrical and gas installations and the other installations against the regulations applicable at the place of installation.
1.7 With the signature, the customer confirms that DANSTEP GmbH may take pictures of the final product and use them for documentation, quotation and advertising purposes.
The purchase price and prices for ancillary services are set forth in the written order confirmation.
3.1 The purchase price and prices for ancillary services shall be paid in accordance with the arrangements set out in the order confirmation. The invoice amount shall be paid by bank transfer. For cash payments, DANSTEP GmbH shall charge an expense allowance in the amount of 1.25% of the payment amount. This will be invoiced separately.
3.2 The Buyer may only offset claims of the Seller if the Buyer’s counterclaim is undisputed or a legally binding title exists; the Buyer may only assert a right of retention if it is based on claims arising from the purchase contract.
4. delivery and delay in delivery
4.1 Delivery dates or delivery periods, which may be agreed as binding or non-binding, shall be stated in writing. Delivery periods shall commence upon receipt of the down payment from the order confirmation.
4.2 The Buyer may request the Seller to deliver 10 days after a non-binding delivery date or a non-binding delivery period has been exceeded. Upon receipt of the request, the Seller shall be in default. If the Buyer is entitled to compensation for damage caused by delay, this shall be limited to a maximum of 5 percent of the agreed purchase price in the event of slight negligence on the part of the Seller.
4.3 If, in addition, the Buyer wishes to withdraw from the contract and/or claim damages in lieu of performance, it must set the Seller a reasonable deadline for delivery after expiry of the relevant deadline in accordance with Clause 2, sentence 1 or 2 of this Section. If the Buyer is entitled to claim damages instead of performance, the claim shall be limited to a maximum of 25 percent of the agreed purchase price in the event of slight negligence. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, claims for damages in lieu of performance shall be excluded in the event of slight negligence.
If, while the Seller is in default, delivery becomes impossible by chance, the Seller shall be liable with the limitations of liability agreed above. The Seller shall not be liable if the damage would also have occurred in the event of timely delivery.
4.4 If a binding delivery date or a binding delivery period is exceeded, the Seller shall already be in default upon exceeding the delivery date or the delivery period. The rights of the Buyer shall then be determined in accordance with Clause 2, Sentence 4 and Clause 3 of this Section.
4.5 The limitations and exclusions of liability in this section shall not apply to damage caused by a grossly negligent or intentional breach of obligations by the Seller, its legal representative or its vicarious agent, or in the event of injury to life, limb or health.
4.6 Force majeure or operational disruptions occurring at the Seller or its suppliers, which temporarily prevent the Seller, through no fault of its own, from delivering the trailer on the agreed date or within the agreed period, shall modify the dates and periods specified in clauses 1 to 4 of this section by the duration of the performance disruptions caused by these circumstances. If corresponding disruptions lead to a delay in performance of more than four months, the Buyer may withdraw from the contract. Other rights of withdrawal shall remain unaffected.
4.7 Changes in design or form, deviations in color and changes in the scope of delivery on the part of the manufacturer shall remain reserved during the delivery period, provided that the changes or deviations are reasonable for the Buyer, taking into account the interests of the Seller. If the seller or the manufacturer uses signs or numbers to designate the order or the ordered trailer, no rights can be derived from this alone.
4.8 In the case of individually manufactured orders, the Seller shall determine the arrangement of the fixtures, unless the Buyer sends the Seller a hand-drawn sketch or countersigns a sketch of the Seller no later than 7 days after placing the order.
4.9 In the event that the Purchaser purchases a foiling of the object of purchase through the Seller, the final design shall be approved in writing within 7 days after receipt of the order confirmation. If this is not done within this period, the delivery time of the object of purchase shall be extended by the respective exceeding of the deadline.
4.10 In the event of shipment of the object of purchase by the customer to a third country, customs clearance / customs clearance including the applicable country-specific customs clearance fees shall be the responsibility of the buyer / customer.
5.1 The Purchaser is obliged to accept the trailer within 7 days from the date of receipt of the notice of availability.
5.2 In case of non-acceptance, the Seller may exercise its statutory rights. If the Seller claims damages, these shall amount to 45% of the purchase price. The compensation shall be set higher or lower if the Seller proves a higher damage or the Buyer proves that a lower damage or no damage at all has occurred.
5.3 It is generally not possible to terminate the contract after the order has been placed. However, the Seller grants the Buyer the right to cancel the contract against payment of 25% of the non-discounted list price from the Buyer’s order, provided that the Buyer expresses the wish to cancel the contract in writing within 4 weeks of placing the order.
5.4 From the 8th day after written notification of the provision (notice of completion) by the seller, daily parking space fees are due. The parking space fees are to be paid directly to the seller and amount to 21.50 EUR plus VAT per calendar day.
6. change requests after conclusion of the contract
6.1 DANSTEP GmbH shall manufacture the product in accordance with the order confirmation. Should the buyer have further requests for changes after the conclusion of the sales contract, the additional effort of each adjustment of the order confirmation will be invoiced by the seller to the buyer at a flat rate of 125.00 EUR net.
6.2 If the adaptation requires a new drawing by the seller including approval by the buyer, a lump sum of 85.00 EUR net will be invoiced by the seller to the buyer for the adaptation / preparation of the drawing.
7. sticking / foiling (wrapping) | tarpaulin awnings, roof advertising and other attachments.
7.1 After receipt of the order by the Buyer, DANSTEP GmbH shall commission a specialized company to apply an exterior/interior wrapping to the desired product. The Buyer shall independently contact this specialized company. The type and design of the foiling will be agreed directly between the buyer and the commissioned specialist company and approved by the buyer to the specialist company. DANSTEP GmbH would like to point out that if an exterior film is ordered in the colors “black, anthracite, dark gray”, blisters may form in the GRP on the outer skin of the trailer/vehicle due to the effects of intense heat. The application of such foiling shall be carried out by the specialist company at the customer’s own risk.
7.2 The Buyer shall be responsible for securing (and dismantling) the vehicle/container, the attachments and superstructures, advertising elements and attachments, (tarpaulin) superstructures, doors and flaps in accordance with the weather in the event of snow, wind and storms, earthquakes and other elementary events. Damage resulting from these events shall be borne by the customer.
8. reservation of proprietary rights
8.1 The trailer as well as the vehicle title/registration certificate Part II shall remain the property of the Seller until complete settlement of the claims to which the Seller is entitled on the basis of the purchase contract.
If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract, the retention of title shall also remain in force for claims of the Seller against the Buyer arising from the ongoing business relationship until settlement of claims due in connection with the purchase.
At the Buyer’s request, the Seller shall be obliged to waive the retention of title if the Buyer has incontestably settled all claims in connection with the trailer and adequate security exists for the remaining claims arising from the ongoing business relations.
For the duration of the retention of title, the Seller shall have the right to hold the registration certificate part II.
8.2 If the Buyer fails to pay the due purchase price and prices for ancillary services or fails to do so in accordance with the contract, the Seller may rescind the contract and/or, in the event of culpable breach of duty by the Buyer, claim damages in lieu of performance if it has unsuccessfully set the Buyer a reasonable deadline for performance unless the setting of a deadline is dispensable in accordance with the statutory provisions. If the Seller is entitled to claim damages in lieu of performance and takes back the trailer, the Seller and the Buyer agree that the Seller shall remunerate the ordinary sales value of the trailer at the time of taking back. At the Buyer’s request, which may only be expressed immediately after the trailer has been taken back, a publicly appointed and sworn expert shall, at the Buyer’s option, determine the ordinary sales value.
The Buyer shall bear the necessary costs of taking back and realizing the trailer.
The costs of realization shall amount to 15 percent of the ordinary sales value without proof. They shall be set higher or lower if the Seller proves higher costs or the Buyer proves that lower costs or no costs at all were incurred.
8.3 As long as the retention of title exists, Buyer may neither dispose of the trailer nor contractually grant third parties use thereof.
8.4 If Buyer and Seller agree on payment by installments, Seller shall be entitled to terminate such agreement immediately and in full insofar as Buyer fails to comply with the obligations under this installment agreement or fails to comply with such obligations in due time. The payment terms and other agreements are set out in the individual agreement, which includes a reference to the General Terms and Conditions. The Buyer has been made aware of and informed of this possible termination of the agreement in the event of late/absent payment or failure to make further payments under the agreement. The seller then invoices the outstanding claim with a payment term of 7 days immediately and in full to the buyer.
9. Liability for material defects
9.1 Claims of the Purchaser due to material defects shall become statute-barred in accordance with the statutory provisions two years after delivery of the trailer. In deviation from this, a limitation period of one year shall apply if the Purchaser is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the contract.
9.2 The shortening of the limitation period in clause 1, sentence 2 shall not apply to damage caused by a grossly negligent or intentional breach of obligations by the Seller, its legal representative or its vicarious agent, or in the event of injury to life, limb or health.
9.3 If the Seller is liable under the statutory provisions for damage caused by slight negligence, the Seller’s liability shall be limited:
Liability shall only exist in the event of a breach of material contractual obligations, such as those which the purchase contract is intended to impose on the Seller in accordance with its content and purpose, or the fulfillment of which makes the proper performance of the purchase contract possible in the first place and on the observance of which the Buyer regularly relies and may rely.
This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the legal representatives, vicarious agents and employees of the seller for damages caused by them due to slight negligence is excluded. Clause 2 of this section shall apply accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
9.4 Irrespective of any fault on the part of the Seller, any liability on the part of the Seller in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
9.5 If a defect is to be remedied, the following shall apply:
a) The Buyer may assert claims for rectification of defects with the Seller. In the event of verbal notification of claims, the Buyer shall be provided with a written confirmation of receipt of the notification. The place of performance for the rectification of defects shall be the Seller’s registered office.
b) For the parts installed to remedy the defect, the Purchaser may assert material defect claims based on the trailer until the expiration of the limitation period of the trailer.
c) Replaced parts shall become the property of the Seller.
9.6 Claims for the removal of defects shall not be affected by a change of ownership of the trailer.
9.7 Silicone joints are maintenance joints according to DIN 52460 and are not subject to warranty.
9.8 The shut-off valves of the water system and the water tap (set to “warm”) must be left open in case of (expected) frost. Frost damage is not subject to the warranty.
10. Liability for other damages
10.1 Other claims of the customer which are not regulated in Section VII “Liability for material defects” shall be subject to the regular period of limitation.
10.2 Liability for delay in delivery is conclusively regulated in Section IV “Delivery and Delay in Delivery”. For other claims for damages against the Seller, the provisions in Section VII. “Liability for Defects in Quality”, Sections 3 and 4 shall apply mutatis mutandis.
11. place of jurisdiction
11.1 The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants, including claims based on bills of exchange and checks, shall be the Seller’s registered office.
11.2 The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or if his place of residence or habitual abode is unknown at the time the action is filed. Otherwise, in the event of claims by the Seller against the Buyer, the Buyer’s place of residence shall be the place of jurisdiction.
12. data storage
13. Jurisdiction, Choice of Law, Miscellaneous
13.1 The parties agree that German law shall apply to their mutual legal relations arising from this rental agreement. In the event that the Lessee does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on any legal disputes that may arise on the basis of this rental agreement or rental relationship. The competent court shall be the court where the Lessor has its general place of jurisdiction, unless the local court in which the leased Leased Property is located has exclusive jurisdiction.
13.2 Unless otherwise agreed, the district town of Mettmann shall be the place of jurisdiction for any disputes.
13.3 If and insofar as one of the provisions of this contract violates a mandatory statutory provision, the corresponding statutory provision shall take its place.
Wülfrath, version of January 3, 2019
II. general terms and conditions (GTC) for tenants
1.1 The lessor guarantees that the barbecue snack trolley will be available to the lessee during the
the agreed rental period without restrictions for the contractual use. 1.2.
1.2 However, the lessor does not assume any guarantee for the suitability of the barbecue snack trolley for the purpose
for the purpose intended by the lessee. The compliance with existing legal regulations and laws is exclusively the responsibility of the lessee. This applies in particular to compliance with the Food Hygiene Ordinance (LebensmittelhygieneVOl).
1.3 The Lessor points out to the Lessee that the Lessee is required to have a
1.3 The Lessor points out to the Lessee that the Lessee is required to have a suitable fire extinguisher in the vehicle in the event of a fire; information about the suitability of the fire extinguisher can be obtained from the Employer’s Liability Insurance Association or requested from the Lessor.
1.4 The offers of the lessor are directed exclusively to commercial customers, public authorities,
associations as well as social and ecclesiastical institutions in the sense of §14 BGB. Our offer is not directed to consumers in the sense of §13 BGB. The tenant assures with his signature that he is a commercial customer, a public authority, an association or a social or ecclesiastical institution in the sense of §14 BGB.
1.5 The monthly rent payment is to be paid by bank transfer. For cash payments, DANSTEP GmbH shall charge an expense allowance in the amount of 1.25% of the payment amount. This will be invoiced separately.
2. Conclusion of the binding rental contract
The renter is reminded of the following:
2.1 Agreements or declarations made only verbally, without written confirmation, or by SMS, are in any case without legal effect. The conclusion of a rental contract for the barbecue food truck can only be made in writing, usually by mutual signature of this contract. The rental contract can be sent by mail or fax.
2.2 The rental contract is concluded between the contracting parties. A transfer or assignment of the rights from the lease contract by the lessee to other third parties is only possible with the express written prior consent of the lessor.
2.3 The barbecue snack trolley may not be handed over to third persons for use without the prior written consent of the Lessor.
2.4 Since the rental agreement is concluded among business people [B2B], there is no right of revocation or withdrawal from the contract on the part of the Lessor. However, in agreement with the Lessor, there is the possibility of a mutually agreed cancellation of the contract. As a binding guideline for the charging of fees by DANSTEP GmbH, the following rates shall apply as of 01.06.2021:
a. Termination by mutual consent more than 3 months prior to the contractual commencement of the lease = calculation of a flat rate of EUR 250.00 net.
b. The mutually agreed dissolution between one and three months before the contractual rental start date = calculation of a full month’s rent of the trailer, accessories and insurance lump sum.
c. Termination by mutual consent less than one month prior to the contractual commencement of the lease = calculation of one and a half month’s rent of the trailer, accessories and the insurance lump sum.
3. liability of the renter
3.1 The claim for performance against the Lessor is excluded insofar as this is impossible for the Lessor or for anyone (in particular cases of force majeure in the case of natural events).
3.2 The Lessor may refuse performance insofar as this requires an effort that is grossly disproportionate to the Lessee’s interest in performance, taking into account the duration of the rental period and the agreed total rental price and the requirements of good faith.
3.3 In the case of a non-performance according to the aforementioned item 1 and item 2, claims for damages against the landlord – regardless of the legal grounds – are excluded, unless the landlord is guilty of gross negligence or intent.
3.4 The barbecue snack trolley is weatherproof. However, in case of very bad weather conditions (e.g. strong wind, driving rain, drifting snow) the penetration of moisture cannot be excluded due to the construction. Due to its construction, the barbecue snack trolley is also not completely burglar-proof. The lessor is not liable for damage to the lessee’s property (e.g. goods for sale and furnishings) caused by the effects of the weather – of whatever kind – or vandalism or burglary. This does not apply if the lessor can be accused of gross negligence or intentional errors in the assembly of the barbecue trolley, which are the cause of the damage that has occurred.
After completion of the assembly work or after collection by the lessee, the barbecue trolley is handed over to the care of the lessee. The maintenance and cleaning of the rental object from the time of handover is the sole responsibility of the lessee at his own expense, unless otherwise agreed upon.
5. fastening parts
The Lessee may attach fastening parts to the barbecue snack cart. However, he is obliged to remove all fastening parts attached by him before the return of the rental object to the lessor again completely and without residues. If the lessee has not completely removed the fastening parts before the return or if the removal is not successful, the barbecue food truck is to be regarded as damaged. The following regulations, in particular clauses 8.2 to 8.6 apply accordingly.
6. structural alteration
The Lessee may only make structural changes to the rental object with the prior consent of the Lessor. In any case, in the event of structural alterations, he shall be obliged to completely dismantle the object before returning it to the Lessor.
7. paint coatings / stickers
The Lessee is not authorized to change the color of the leased property (e.g. by repainting) or to apply color coatings in any other way that cannot be easily removed without leaving residues. In any case, the lessee is obliged to restore the rental object to the condition it was in when it was handed over. Any sticking requires written approval by the Lessor. If this is not granted, no sticking may be carried out. Any damage incurred will be charged to the lessee. Partial stickers of any kind are not permitted under any circumstances.
8. duties of care of the tenant
8.1 The Lessee is obligated to treat and use the leased property from the time of handover in the same way as a reasonable owner who would take care to preserve its value would do. In particular, the Lessee is obliged, at his own expense
– to secure the rental object accordingly in the event of extreme weather conditions (e.g. storm, hail, heavy rain, flooding, heavy snowfall);
– to secure the rental object accordingly in case of concern of damage by vandalism, for example, if necessary, by a suitable guard at night time.
8.2 The Lessee shall be liable for all damage to the rental object resulting from a breach of his duties of care in accordance with the above provisions, as well as for all damage to the rental object resulting from improper handling or excessive use. The lessee shall also be liable to the same extent, without any fault on his part, for damage caused by his employees, helpers or family members or other third parties. This also applies if it is not possible to determine which person caused the damage or if the identity of a person or the person who caused the damage cannot be clarified.
8.3 With effect from the time when all claims for damages of the Lessor are satisfied by the Lessee, the Lessor shall assign to the Lessee all claims for damages to which it may be entitled against third parties for the purpose of assertion.
8.4 If damage is detected upon return of the rental object, the causation of the damage and the liability for the damage of the Lessee shall be presumed in accordance with the above provision, unless the Lessee proves that the damage was already present upon collection or delivery of the rental object.
8.5 The Hirer is also obliged to compensate the Rental Firm for all consequential damages, in particular the loss of rental income, if the barbecue snack trolley cannot be rented out again or not in time due to damage caused by the Hirer.
8.6 If the landlord carries out the cleaning itself or has it carried out by its own employees, a final cleaning flat rate of € 275.00 net for standard soiling and a separate hourly rate of € 64.50 plus VAT per working hour per employee including cleaning agents for coarse soiling shall be agreed as a reasonable compensation. The tenant will then receive a corresponding invoice. The amount can be offset by the landlord directly against the deposit paid.
8.7 In the event of an accident, theft, fire, damage caused by game or other damage, the Lessee is obliged to immediately inform the police, to call in the police and to immediately report the damage to the Lessor. This also applies to minor damage and self-inflicted accidents without the involvement of third parties. Should the police refuse to record the accident, the lessee must prove this to the lessor.
9. duties of the lessee to provide information
The lessee must present a valid identity card upon collection. If a third party is commissioned with the collection, a copy of the identity card of the Lessee and the person collecting the vehicle, as well as a signed power of attorney authorizing the Lessor to collect the vehicle, must be handed over to the Lessor.
10. changes of the parking place
For insurance reasons, the Lessee must notify the Lessor of a change of the parking place in writing by mail, e-mail or fax within two working days after the occurrence of this case.
11. collection of the rental object
The leased property shall be collected on the day of the commencement of the lease. The date of collection is to be agreed in advance, in good time, with the lessor. If the collection does not take place, daily parking fees are due from the 8th day after the beginning of the rental contract. The parking space fees are to be paid directly to the seller and amount to 21.50 EUR plus VAT per calendar day.
12. assumption of costs for repairs | gas and TÜV inspections
Should a defect occur during the rental period, DANSTEP GmbH will assume 100% of the costs of a replacement unit. The prerequisite for this cost sharing is that the renter completes and submits the “Complaint and Damage Form” to DANSTEP GmbH. The replacement device shall be shipped within 48 hours after receipt of the completed “Complaint and Damage Form”. The defective device must be returned to the lessor within 14 days after receipt of the replacement device. Shipping charges for return to DANSTEP GmbH shall be borne by the Lessee. If the defective device is not received by DANSTEP GmbH within the above mentioned period, the device will be charged to the Lessee according to the valid price list. DANSTEP GmbH shall not bear any costs for replacement parts/devices procured by DANSTEP GmbH. The costs for the installation of the device, as well as the costs for consumables or aids for the installation (e.g. screws, connectors, silicone) shall be borne by the Lessee. Once again, it is pointed out that all devices have been checked and professionally accepted by the lessor before handover. If a new gas inspection is required after the installation of a replacement device (e.g. replacement grill, modifications to the gas line), the lessee shall be responsible for carrying this out. A (loss of) earnings of the tenant is therefore not the fault of the landlord and can not be deducted. Likewise, the appropriate power supply and wiring must be checked and ensured by the lessee. DANSTEP GmbH does not assume any costs for external craftsmen to eliminate defects. The costs for gas and TÜV inspections shall be borne by the Lessor up to EUR 50.00 plus VAT in each case. The compliance with the deadlines are also to be observed by the tenant and have been communicated to him. In case of missing gas and/or TÜV test, the insurance coverage expires and the rental object is no longer authorized to participate in public road traffic. Small repairs (e.g. light bulbs, fuses) up to 100 EUR net are to be carried out by the Lessee on his own without reimbursement of costs by the Lessor.
13. written consent according to data protection (DSGVO- application)
13.1 The Lessee agrees that the personal data specified in the contract (in particular name, address, telephone number, e-mail address), which are necessary and required solely for the purpose of the execution of the contractual relationship arising, may be collected and processed on the basis of legal authorizations. In particular, DANSTEP GmbH is entitled to transmit the personal data to COEO Inkasso in case of a default of payment from the contractual relationship. For any further use of the personal data and the collection of additional information, the consent of the person concerned is regularly required. The tenant agrees that DANSTEP GmbH may use the following contact channels: email, fax, Whatsapp, and SMS.
13.2 Rights of the person concerned: Information, Correction, Deletion and Blocking, Right of Objection
Pursuant to Article 15 DSGVO, the Lessee is entitled at any time to request comprehensive information from DANSTEP GmbH regarding the data stored about the Lessee. Pursuant to Article 17 DSGVO, the Lessee may at any time after termination of the contractual relationship request DANSTEP GmbH to correct, delete and block individual personal data. In addition, the Lessee may exercise its right of objection at any time without stating reasons and amend or completely revoke the declaration of consent hereby granted with effect for the future. The lessee may send the revocation either by mail, e-mail or fax to DANSTEP GmbH. There will be no costs other than the postage costs or the transmission costs according to the existing prime rates.
14. Data Storage
15. Jurisdiction, Choice of Law, Miscellaneous
15.1 The parties agree that German law shall apply to their mutual legal relations arising from this rental agreement. In the event that the Lessee does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on any legal disputes that may arise on the basis of this rental agreement or rental relationship. The competent court shall be the court where the Lessor has its general place of jurisdiction, unless the local court in which the leased Leased Property is located has exclusive jurisdiction.
15.2 Unless otherwise agreed, the district town of Mettmann shall be the place of jurisdiction for any disputes.
15.3 If and to the extent that any of the provisions of this Agreement violates a mandatory statutory provision, the corresponding statutory provision shall take its place.
Wülfrath, version of January 3, 2019