Rental Terms for Pop-Up Courts

These terms apply in addition to our General Terms and Conditions to the temporary rental of Pop-Up Courts. The contract data in the respective rental agreement (Part A) and in the offer are authoritative.

1. Scope and subject matter of the contract

1.1 These Special Rental Terms apply to the temporary rental of padel courts (“Pop-Up Courts”) by SCC Courts. They apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

1.2 SCC Courts rents to the hirer one or more courts with the components and equipment listed in the offer for temporary use at events, trade fairs, tournaments, promotions or other occasions. The type, number, equipment, rental period, installation site and rental price are set out in Part A and the offer.

1.3 The General Terms and Conditions of SCC Courts GmbH apply in addition. In the event of any conflict, these Special Rental Terms take precedence. The provisions of the General Terms and Conditions on the payment schedule (§ 4(2)), retention of title (§ 6), acceptance (§ 7) and warranty (§ 8) do not apply to the rental. They are replaced by sections 4, 12 and 24 of these terms.

1.4 Deviating or supplementary terms and conditions of the hirer only apply if SCC Courts expressly agrees to them in text form.

2. Rental period and on-site period

2.1 The rental period covers the period of use agreed in Part A. Installation and dismantling times are agreed separately.

2.2 The hirer uses the court exclusively within the agreed period of use.

2.3 Any extension requires the prior consent of SCC Courts in text form and is charged additionally.

2.4 If the hirer does not make the court available for dismantling in good time after the end of the rental period, SCC Courts may claim compensation for use in the amount of the agreed rent for the period during which the court is withheld, calculated pro rata for each calendar day or part thereof. SCC Courts reserves the right to claim further damages.

3. Ownership and transfer to third parties

3.1 The court, including all components, remains the property of SCC Courts or of the respective owner. The hirer only receives the agreed right of use, limited in time and place.

3.2 The hirer may not sell, pledge, sublet or give away the court or individual components, or otherwise make them available to third parties. This does not apply to use as intended by participants in and visitors to the event.

3.3 The hirer notifies SCC Courts without undue delay of any seizure, confiscation or other third-party access and informs the third party that the court is the property of SCC Courts.

4. Rental price and payment

4.1 All prices are net prices plus statutory value added tax. The terms of payment are set out in Part A.

4.2 As long as payments due have not been received, SCC Courts is entitled to withhold delivery and installation. Any additional costs incurred as a result are borne by the hirer.

4.3 In the event of late payment, the statutory provisions and § 4(5) of the General Terms and Conditions apply.

5. Installation and dismantling

5.1 Installation and dismantling are carried out by SCC Courts itself or by specialists it has commissioned, unless expressly agreed otherwise.

5.2 The hirer ensures that the agreed dates can be met and that all necessary requirements are in place at the installation site. On the installation date, the assembly area must be fully accessible, free of obstacles and prepared for assembly.

5.3 If installation or dismantling cannot take place as agreed for reasons for which the hirer is responsible, the hirer bears the resulting additional personnel, transport, accommodation, storage and waiting costs. This applies in particular in the event of late completion of the area, lack of vehicle access, areas not cleared, missing permits or missing on-site requirements.

6. Requirements at the installation site

6.1 The hirer ensures that the installation site is suitable for the temporary installation and use of the court. The surface must have sufficient load-bearing capacity, be level and paved, and be suitable for the loads that occur.

6.2 SCC Courts only checks the load-bearing capacity and suitability of the ground if this check has been expressly commissioned.

6.3 Work on the existing ground is not part of the rental scope and can be offered separately. This includes in particular levelling and substructure work as well as pad or strip foundations for indoor projects.

7. Delivery, access and logistics

7.1 The hirer provides a delivery point that can be reached by a lorry or articulated lorry with a permissible gross weight of up to 40 t. The hirer also ensures a suitable transport route from the unloading point to the installation site, in particular a level, paved access route capable of bearing heavy loads, sufficient manoeuvring, unloading and assembly areas, and a sufficiently large door or gate opening without a difference in level.

7.2 Gate and door openings along the entire transport route must be at least 3 m wide and 4 m high. The further minimum requirements are set out in the “Delivery & Installation” checklist, which forms part of this contract.

7.3 The hirer obtains access and parking permits, loading zones and any other approvals required for delivery and collection in good time.

7.4 If the requirements under sections 7.1 to 7.3 are not met, the hirer bears the resulting, verified additional costs, e.g. for a crane or forklift, reloading, additional transport, personnel or waiting time. Where possible, SCC Courts informs the hirer in advance.

8. Electrical connection

8.1 The hirer connects the court to the on-site power supply or has it connected by a qualified electrician. The hirer provides an adequately dimensioned and technically suitable power supply.

8.2 Cabling between several courts, cable bridges and additional electrical work are not part of the rental scope unless expressly agreed. They can be offered separately.

8.3 SCC Courts is not liable for faults or damage attributable to an inadequate or faulty on-site power supply or electrical installation.

9. Packaging and transport racks

9.1 Unless otherwise agreed, the hirer disposes of the packaging materials arising during installation and dismantling. For this purpose, the hirer provides a suitable container no later than the start of assembly.

9.2 Glass carriers, transport racks and other reusable means of transport remain the property of SCC Courts. The hirer keeps them ready for return. Section 13 applies to their loss or damage.

10. Permits and official requirements

10.1 The hirer obtains all permits, notifications and approvals required for the installation, operation and use of the court (e.g. for temporary structures or special use of public space), unless SCC Courts has been expressly commissioned in text form to provide individual services.

10.2 The hirer informs SCC Courts in good time of any special official, technical or event-related requirements. Delays and additional costs due to missing or late permits are borne by the hirer unless SCC Courts is responsible for them.

11. Structural verification and technical certificates

11.1 A verified structural analysis (Prüfstatik) or other structural or technical certificates are only part of the rental scope if this has been expressly agreed. If they become necessary at the hirer’s request or due to an official requirement, the hirer bears the additional costs.

11.2 Technical information provided by SCC Courts does not replace any official permit or inspection.

12. Handover

12.1 After installation has been completed, SCC Courts hands the court over to the hirer. Its condition is recorded in a handover report with photographic documentation, which both parties sign. If the hirer is not present at the handover, SCC Courts’ documentation is authoritative unless the hirer objects to it in text form within 24 hours of receipt.

12.2 Recognisable defects or damage are noted in the report.

13. Custody and liability for damage and loss

13.1 From handover until complete return, the hirer has custody of the court. This custody applies regardless of whether the court is in use or outside operating hours. The hirer protects the court appropriately against damage, loss, vandalism and unauthorised use.

13.2 The hirer is liable for damage to and loss of the court and all rented components insofar as the hirer or persons for whose fault the hirer is responsible have caused them culpably. These include in particular the hirer’s employees and commissioned service providers as well as participants and visitors to whom the hirer grants access to the court (§ 278 BGB). Liability covers in particular:

• glass panels, frames and posts,
• doors, locks and nets,
• artificial turf and floor surfaces,
• lighting and electrical components,
• accessories, transport racks and glass carriers as well as all other rented components.

13.3 If damage or loss occurs between handover and return, the hirer must prove that neither the hirer nor the persons referred to in section 13.2 are responsible for it. The hirer is not responsible for normal wear and tear resulting from use in accordance with the contract.

13.4 The hirer reports damage and losses to SCC Courts without undue delay. In addition, the hirer reports theft and vandalism to the police without undue delay.

13.5 In the event of damage, SCC Courts may claim the necessary repair costs and, in the event of loss or economic total loss, the replacement value. In addition, SCC Courts may claim verified loss of rental income for the duration of the repair or replacement.

13.6 Benefits paid under an insurance policy taken out in accordance with section 23.2 are credited against SCC Courts’ claims.

14. Securing and guarding

14.1 The hirer secures the court appropriately throughout the entire on-site period, in particular against unauthorised access and use outside operating hours.

14.2 The hirer ensures that vehicles, means of transport, event structures or other objects cannot damage the court.

14.3 If the installation site, local conditions or the nature of the event require additional guarding, the hirer organises this at its own expense unless otherwise agreed.

15. Use as intended and duty to maintain safety

15.1 The court may only be used as intended, as a padel court. The hirer ensures that users comply with SCC Courts’ usage and safety instructions and briefs them accordingly.

15.2 Modifications, drilling, gluing, fastenings or other interventions in the court structure are not permitted without the prior consent of SCC Courts. Attaching advertising materials, banners, flags, lights or cables to the structure must be agreed with SCC Courts in advance.

15.3 During the on-site period, the hirer, as the event organiser, bears the duty to maintain safety (Verkehrssicherungspflicht) for the court and its surroundings. The hirer indemnifies SCC Courts against third-party claims arising from the operation or use of the court during the on-site period, unless SCC Courts is responsible for the claims. The indemnity includes the reasonable costs of legal defence.

15.4 If the hirer uses the court in breach of contract despite a warning in text form, or if there is a significant risk to persons or to the court, SCC Courts may prohibit its use, secure the court or dismantle it. The claim to the agreed rent remains unaffected.

16. Weather and outdoor operation

16.1 In weather conditions that do not permit safe installation, operation or dismantling (in particular storms, strong winds, thunderstorms, heavy rain, snow or ice), SCC Courts may interrupt or postpone this work for safety reasons. In such weather conditions, the hirer also suspends play in accordance with SCC Courts’ instructions.

16.2 Weather-related restrictions on usability do not constitute a defect of the court. Additional call-outs, waiting times, transport, interim storage or reinstallation required as a result may be charged additionally unless SCC Courts is responsible for them.

17. Return

17.1 On the agreed dismantling date, the hirer makes the court available fully accessible, free of any items and advertising materials brought in, and in the condition resulting from use in accordance with the contract.

17.2 During dismantling, the condition, including photographic documentation, is recorded in a return report. Section 12.1 sentence 3 applies accordingly. SCC Courts notifies the hirer of any damage or missing components identified.

17.3 The return is only complete once SCC Courts has taken back all components and accessories.

18. Interim storage

18.1 If the court or individual components have to be stored temporarily because a date cannot be met for reasons for which the hirer is responsible, the hirer bears the resulting costs.

18.2 If the hirer stores the items itself, it ensures storage that is dry and protected against damage and unauthorised access. Section 13 continues to apply during this period.

19. Cancellation by the hirer

19.1 The hirer may withdraw from the contract before the agreed installation date by declaration in text form. SCC Courts may then claim a flat-rate compensation:

• 60 or more calendar days before installation: 20% of the agreed net rental price,
• 59 to 30 calendar days before installation: 40%,
• 29 to 14 calendar days before installation: 60%,
• 13 to 7 calendar days before installation: 80%,
• less than 7 calendar days before installation: 90%.

19.2 The date on which SCC Courts receives the declaration is decisive.

19.3 The hirer remains entitled to prove that SCC Courts has suffered no damage or significantly less damage. SCC Courts remains entitled to prove higher damage, in particular higher third-party costs already incurred that cannot be cancelled (e.g. freight forwarding, personnel, accommodation). In this case, the flat rate is credited.

19.4 The hirer bears the risk of use. If the event is cancelled for reasons within the hirer’s sphere (including cancellation by the organiser or the venue, or refusal of a permit to be obtained by the hirer), this section 19 applies accordingly.

20. Rescheduling

20.1 Rescheduling the event date constitutes an amendment to the contract and requires the consent of SCC Courts. SCC Courts endeavours to adjust booked services and resources accordingly.

20.2 Additional costs resulting from rescheduling are borne by the hirer. If no alternative date is agreed, section 19 applies. In that case, the date on which the rescheduling request is received is decisive.

21. Delivery, installation and dismantling times

21.1 Times and time windows for delivery, installation and dismantling are binding if they have been confirmed as binding in Part A or in text form.

21.2 Delays for reasons for which SCC Courts is not responsible (e.g. events under section 25, traffic disruptions, late or failed delivery by upstream suppliers despite timely ordering) extend the deadlines appropriately. SCC Courts informs the hirer without undue delay of foreseeable delays. SCC Courts is not liable for such delays.

22. Additional services

Services not expressly agreed in the offer or in Part A are not part of the rental scope. This applies in particular to additional transport and journeys, waiting times, additional assembly or dismantling work, ground and foundation work, electrical work, security measures, interim storage, special cleaning, short-notice changes of date and additional personnel or accommodation costs. Such services are charged additionally after prior agreement.

23. Insurance

23.1 For the duration of the rental and on-site period, the hirer maintains event organiser’s or business liability insurance with adequate cover that covers damage arising from the staging of the event and the use of the court.

23.2 In addition, the hirer insures the court at its own expense for the period from handover to return at replacement value against damage, destruction, theft, vandalism and natural hazards. The hirer hereby assigns its claims under this insurance to SCC Courts, and SCC Courts accepts the assignment.

23.3 The hirer submits the proof required under sections 23.1 and 23.2 no later than the date specified in Part A. Without such proof, SCC Courts may refuse the handover. The hirer’s obligation to pay remains unaffected.

24. Defects during the rental period and liability of SCC Courts

24.1 The hirer reports defects to SCC Courts without undue delay. SCC Courts remedies them within a reasonable period. The hirer may only attempt repairs itself with the consent of SCC Courts.

24.2 SCC Courts’ strict (no-fault) liability for defects that already existed when the contract was concluded (§ 536a(1) alt. 1 BGB) is excluded.

24.3 SCC Courts is liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act (Produkthaftungsgesetz). In the event of a slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the hirer may regularly rely. In all other respects, liability for slight negligence is excluded.

24.4 The limitations of liability also apply in favour of SCC Courts’ legal representatives, employees and vicarious agents.

25. Force majeure

25.1 Events of force majeure and other unforeseeable events beyond SCC Courts’ control release SCC Courts from the affected performance obligations for the duration and to the extent of their effects. These include in particular natural events, extreme weather, official measures, war, civil unrest, strikes, significant traffic obstructions and failures of upstream suppliers or service providers through no fault of SCC Courts. SCC Courts informs the hirer where possible and reasonable.

25.2 If, as a result, SCC Courts cannot perform on the agreed event date, both parties may withdraw from the contract. SCC Courts refunds amounts already paid less the value of services already rendered. No further claims exist.

26. Cooperation, photography and reference use

26.1 The hirer provides SCC Courts with all information required for performance in good time and in full, in particular on the installation site, ground, vehicle access and parking, installation, dismantling and event times, power supply, official and safety requirements, and any special requirements of the organiser or venue. The hirer notifies SCC Courts of changes without undue delay. Failure to cooperate may lead to rescheduling and additional costs at the hirer’s expense.

26.2 SCC Courts may photograph the court for documentation purposes (sections 12 and 17). Use for reference and marketing purposes only takes place if this has been ticked in Part A. Any persons depicted must be made unrecognisable unless separate consent has been given.

27. Final provisions

27.1 Amendments and supplements to the contract require text form. Individual agreements always take precedence (§ 305b BGB).

27.2 Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.

27.3 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

27.4 If the hirer is a merchant, a legal entity under public law or a special fund under public law, Hamburg is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. SCC Courts may also sue the hirer at the hirer’s general place of jurisdiction.