Rental terms

These terms apply to all contracts between Hillward GmbH, Ahnfeldstraße 45, 40239 Düsseldorf, Germany (“Hillward”) and its customers for renting equipment through Hillward Rent.

Hillward Rent is aimed exclusively at businesses within the meaning of section 14 of the German Civil Code (BGB), public-law entities and special funds, in particular production companies. We do not enter into contracts with consumers.

Deviating or additional terms of the customer only apply if Hillward expressly agrees to them in text form, even if Hillward performs while aware of such terms.

Hillward rents the equipment requested by the customer in its own name from selected partner rental houses at or near the shooting location and sub-rents it to the customer. The customer’s sole contractual partner is Hillward.

Depending on the agreement, the partner rental house delivers the equipment to the address given by the customer and collects it there after the rental period, or the customer picks it up from the partner rental house and returns it.

Hillward owes the provision of the equipment in working order for the agreed rental period. Operators, set-up or technical support on set are only owed if expressly agreed.

A request via Hillward Rent is non-binding. Hillward checks availability with its partner rental houses and sends the customer a quote in text form.

The contract is concluded when the customer accepts the quote in text form (e.g. by email) and Hillward confirms the booking. Until confirmation, the quote is subject to availability at the partner rental house.

By sending a request, the customer accepts these rental terms. They apply to the quote and the resulting contract.

The prices in the quote apply. All prices are net plus statutory VAT. Delivery and collection by the partner rental house are listed separately.

Invoices are payable without deduction within 14 days of the invoice date. For first orders, customers based outside Germany or high order values, Hillward may require advance payment or a deposit, which will be stated in the quote.

The customer can pay by bank transfer or via a payment link from Hillward by credit card, Apple Pay, Google Pay or another instant payment method offered there (payment service provider: SumUp). Direct debit is not offered. Hillward bears the fees for these payment methods.

In case of late payment, the statutory rules for transactions between businesses apply (section 288 (2) and (5) BGB).

The rental period starts with the agreed delivery or pick-up and ends with the agreed collection or return, as stated in the booking confirmation.

On handover, the customer checks the equipment for completeness and visible damage and reports any discrepancies to Hillward without delay, at the latest before first use. Visible defects reported later are deemed to have occurred during the rental period unless the customer proves otherwise.

The customer returns the equipment complete, in proper condition and in the cases and packaging supplied. For delivery, the customer has it ready for collection at the delivery address at the agreed time and ensures an authorised person is present.

If the equipment is returned late or is not ready for the agreed collection, the customer bears the additional rent and costs charged to Hillward by the partner rental house as well as any further resulting damage.

The customer uses the equipment only as intended and only by competent persons, follows the manufacturers’ operating and safety instructions and protects it from weather, moisture, sand, heat and theft.

The customer may not sub-rent or lend the equipment to third parties, modify it or repair it themselves. Use abroad outside the stated shooting location requires Hillward’s prior consent in text form.

The customer reports damage, malfunctions, loss or theft to Hillward without delay. In the event of theft, burglary or accident, the customer also reports it to the police without delay and sends Hillward a copy.

The customer insures the equipment at its own expense for the entire rental period, including transport, storage and breaks in shooting, against loss, theft and damage at replacement value, e.g. through film or equipment insurance. By sending the request, the customer confirms that such insurance exists or will be taken out in time.

Upon request, the customer provides proof of insurance before the rental period starts. The customer hereby assigns to Hillward any claims against the insurer arising from damage to the rented equipment; Hillward accepts the assignment.

From handover until return, the customer is liable for loss, theft and damage to the equipment unless the customer is not responsible for the damage. Normal wear and tear from proper use is not borne by the customer.

Hillward is liable to the partner rental house for the rented equipment. The customer indemnifies Hillward against all claims of the partner rental house based on damage or loss for which the customer is responsible under sentence 1, or on late return. This includes in particular repair or replacement costs, loss in value, assessor fees and rent for the downtime.

Hillward gives the customer the opportunity to comment on a reported damage in advance and discloses the partner rental house’s calculation.

If equipment fails during the rental period through no fault of the customer, Hillward and the partner rental house arrange repair or equivalent replacement as quickly as possible. The rent for the affected item is reduced pro rata for the downtime.

If a partner rental house cannot provide confirmed equipment at short notice, Hillward offers equivalent replacement. If this is not possible, either party may withdraw with respect to the affected equipment. Hillward refunds amounts already paid for it. Further claims exist only under section 10.

Hillward is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where Hillward has given a guarantee.

In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely), Hillward is only liable for foreseeable damage typical for the contract, up to the total price of the affected order. Otherwise, liability for slight negligence is excluded.

Strict liability for defects already present at the time the contract was concluded (section 536a (1) alt. 1 BGB) is excluded.

Hillward is not liable for data and footage on storage media; the customer backs them up.

The customer may cancel a confirmed booking in text form before the rental period starts. Hillward then charges the cancellation fees the partner rental house charges Hillward for the affected equipment. Hillward states these terms in the quote.

If the quote contains no such information: free of charge up to 7 days before the rental period, 50 % from 6 days before, 100 % of the rental price from 48 hours before. The customer may prove that the damage was lower.

If the customer shortens the rental period after it has started or returns equipment early, the agreed rent remains payable.

How Hillward processes personal data is described in the Hillward Rent privacy policy. To perform the order, Hillward passes the necessary details (equipment, period, delivery address, on-site contact) to the partner rental house.

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

The exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf, Germany. Hillward may also sue the customer at the customer’s general place of jurisdiction.

The contract language is German. Translations of these terms are for convenience only; the German version prevails.

If a provision of these terms is invalid, the rest of the contract remains valid. The statutory provision replaces the invalid one.