General Rental Terms and Conditions

General Rental Terms and Conditions of Quickspace B.V.

Definitions

1. QuickSpace: QuickSpace B.V., located in Oldenzaal, the Netherlands.
2. Tenant: the professional contracting party that rents Products and/or purchases Services from QuickSpace.
3. Products: all modular structures, inflatable structures, partitioning systems, accessories, fasteners, blowers, cables, ballast, transport crates, and other related items rented by QuickSpace.
4. Services: all services provided by QuickSpace, including transportation, installation, dismantling, repair, inspection, maintenance, and support.
5. Quotation: any offer from QuickSpace, whether in writing or via email, including any attachments.
6. Order Confirmation: QuickSpace’s written confirmation setting forth the Agreement, schedule, location, price, and scope.
7. Agreement: the agreement between QuickSpace and the Tenant, consisting of the Order Confirmation, the Quote, and these terms and conditions.
8. Location: the place where the Products are delivered, installed, used, and/or dismantled.
9. Event: any trade show, conference, promotional event, production, or other professional use for which the Products are used.
10. Lease Term: the period from Handover to Return and Acceptance by QuickSpace, as further specified in these terms and conditions.
11. Delivery: the moment at which QuickSpace makes the Products available to the Lessee at the Location, or transfers them to the first carrier if transport takes place without installation at the Location, as specified in the Order Confirmation.Return: the moment at which the Products are actually picked up or received by QuickSpace and inspected by QuickSpace.
12. Specifications: product-specific limits and instructions, including load capacities, occupancy limits, wind limits, power requirements, mounting methods, and maintenance instructions.
13. Authorized Partner: a third party designated by QuickSpace to perform (sub)contracting work on behalf of QuickSpace.
14. Damage: any damage, loss, theft, contamination, defect, depreciation, or inability to use the Products, including consequential costs such as transportation, labor hours, and lost rental income.

Applicability and scope

1. These terms and conditions apply exclusively to B2B transactions.
2. These terms and conditions apply to all Quotations, Order Confirmations, and Agreements, unless QuickSpace expressly confirms otherwise in writing.
3. The Lessee’s general terms and conditions are expressly rejected.
4. In the event of any conflict, the following order of precedence shall apply: (a) signed contract or Order Confirmation, (b) Quotation, (c) these terms and conditions.
5. If any provision is invalid, the remaining provisions shall remain in full force and effect. The parties shall replace the invalid provision with a valid provision that most closely approximates its intended purpose.
6. The Dutch text is the official version. Translations are provided for convenience only.

Quotation and Formation of the Agreement

1. Quotes are non-binding and valid for 14 days, unless otherwise stated.
2. An Agreement is concluded as soon as QuickSpace has sent a written Order Confirmation or as soon as QuickSpace begins performance following written acceptance.
3. The tenant is responsible for ensuring that the information provided regarding the Location, schedule, accessibility, safety rules, and all circumstances affecting performance is accurate and complete.
4. Obvious errors or omissions in the Quote or Order Confirmation are not binding on QuickSpace.

Rental period

1. The Lease Term begins upon Handover and ends upon Return and written Acceptance by QuickSpace.
2. If Products are installed by QuickSpace, Delivery shall be deemed to have taken place when: the Tenant has approved the installation, or QuickSpace has issued a notice of completion and the Tenant has not rejected it in writing, stating reasons, prior to first use.
3. An extension of the rental period is only possible upon written confirmation from QuickSpace and may result in additional rental and rescheduling fees.
4. If the equipment is returned late, the Renter shall owe an additional fee of 25 percent of the agreed daily rental rate per calendar day, without prejudice to QuickSpace’s right to additional compensation, including lost rental income.

Delivery, Transportation, and Logistics

1. Delivery dates and times are approximate, unless expressly agreed in writing as binding.

1. The tenant is responsible for ensuring unobstructed and safe access to the premises, including the loading dock, elevators, passageways, permits for loading and unloading, and any required badges or safety orientations.
2. Waiting time, delays caused by the Location or the Tenant, or waiting for access will be charged at the rates specified in the Order Confirmation, or, in the absence thereof, at QuickSpace’s standard hourly rates.
3. If QuickSpace arranges transportation, QuickSpace may determine the carrier and route. The renter remains responsible for ensuring the correct unloading location and accessibility.
4. International rentals: The renter is responsible for complying with all local regulations, customs documents, import duties, taxes, security deposits, and permits.
5. If a temporary import arrangement or ATA Carnet is required, the Tenant shall arrange this in a timely manner, unless otherwise agreed in writing with Quickspace.
6. Any delays at customs or the border are at the Lessee’s expense and risk, including storage, re-transportation, and labor costs.
7. Transfer of Risk During Transport: Unless otherwise specified in the Order Confirmation, the risk of loss or damage to the Products passes to the Lessee as soon as the Products are handed over to the first carrier, even if QuickSpace (co-)organizes the transport.
8. To the extent that mandatory transport regulations apply, such as the CMR, they remain fully applicable to the carrier. However, the allocation of risk between QuickSpace and the Lessee remains in effect in their mutual relationship.

Installation and disassembly

1. Installation and dismantling are performed by QuickSpace or Authorized Partners, unless otherwise agreed in writing.
2. The tenant must provide QuickSpace with sufficient time and access to carry out the work safely. Work will take place on weekdays during regular business hours, unless otherwise agreed. Night, weekend, and emergency work will be billed separately.
3. Installation by the Lessee or third parties is permitted only with QuickSpace’s written consent and strictly in accordance with the Specifications. In such cases: any warranties or representations regarding suitability, stability, and performance shall lapse to the extent they relate to the installation; the Lessee shall remain fully responsible for safety, securing, and proper assembly; and the Lessee shall indemnify QuickSpace against all damages and claims arising therefrom.
4. The tenant shall ensure that the installation site is level, even, stable, and safe, and free of obstacles, pipes, and hazards. The tenant shall notify the landlord in advance of any existing cables, pipes, and conduits.
5. QuickSpace may refuse or suspend installation if the Location is unsafe or if legal or venue regulations are not met, without this resulting in a refund.

Use of Products

1. The tenant shall use the Products solely in accordance with their intended purpose, specifications, and QuickSpace’s instructions.
2. Without written permission, it is prohibited to: make structural modifications, attach items to building structures or floors, saw, nail, screw, cut, glue, tape, or affix anything, use confetti, streamers, glitter, crepe paper, or other highly soiling materials in or near Products, place environmentally hazardous or flammable substances in or near Products, move Products after Delivery.
3. Truss and AV Integration: Products are not intended to serve as a load-bearing structure for truss, lighting, speakers, video walls, or other loads, unless QuickSpace has approved the load, mounting, and configuration in writing.
4. Public and third parties: The tenant is responsible for supervision, crowd control, cordoning off areas, and keeping escape routes, fire extinguishing equipment, and emergency exits clear.
5. The tenant shall ensure that staff and third-party suppliers are familiar with and comply with the instructions.
6. Power and operational conditions: The Lessee shall provide a continuous, adequate, and stable power supply in accordance with the Specifications. Shutting off or disconnecting the power without QuickSpace’s permission is prohibited until QuickSpace has authorized the dismantling of the Products.
7. In the event of a dangerous situation, violation, or misuse, QuickSpace may suspend use, dismantle the Products, and remove them at the Renter’s expense, without refunding the rental fee.

Tenant's Responsibilities

The tenant is responsible for:

1. all permits, approvals, and compliance with local regulations; safe site conditions and access; protection against theft, vandalism, and unauthorized use; compliance with Specifications; maximum occupancy and safety distances; damage to the Site or third-party property caused by installation, relocation, or use.
2. The tenant must immediately report incidents, damage, near-misses, and complaints to QuickSpace and cooperate with any investigation.

Inspection, complaints, and repairs

1. The Tenant shall inspect the Products immediately upon Delivery. Any visible defects shall be reported in writing immediately and noted on the delivery document.
2. If no notification is received prior to use, the Products shall be deemed to have been accepted and received in good condition.
3. Any malfunctions during use must be reported immediately. The renter must follow QuickSpace’s troubleshooting instructions.
4. The obligation to pay is not suspended by complaints.
5. If a complaint is valid, QuickSpace will, at its discretion, repair, replace, or issue a reasonable credit, to the extent that this is appropriate and practical given the event planning.

Damage, loss, and theft

1. From Delivery through Return and Acceptance, the Lessee bears full risk for the Products.
2. The Tenant is liable for all Damage, regardless of cause, including damage caused by visitors, third-party suppliers, force majeure, and weather conditions, except to the extent that the Damage is a direct result of a breach attributable to QuickSpace.
3. In the event of theft or loss, the Tenant shall immediately file a police report and provide the official report and any other supporting documentation.
4. QuickSpace may settle claims based on: repair costs including labor hours, replacement value in the event of a total loss or irreparable damage, cleaning costs, transportation and handling, and any lost rental income if demonstrable.

Insurance

1. During the Lease Term, the Lessee shall, at its own expense, maintain: a general liability insurance policy that provides coverage for injury to third parties and damage to third-party property in connection with the Event and the use of the Products; and an insurance policy for leased property that provides coverage for damage, loss, and theft of the Products at the Location and during transport, with a minimum insured amount equal to the replacement value.

     2. Upon request, the Lessee shall provide an insurance certificate prior to delivery.

      3. To the extent possible, the Tenant shall ensure that the insurer waives any right of recourse against QuickSpace, its employees, and Authorized Partners.

Prices and Payment

1. All prices are exclusive of VAT and any government-imposed taxes or fees, unless otherwise stated.
2. Payment must be made in euros within 14 days of the invoice date, net, without set-off, suspension, or withholding. Bank charges are the responsibility of the Tenant.

      3. QuickSpace may require advance payment, a deposit, or collateral. If these are not provided, QuickSpace may suspend the service.

      4. In the event of late payment, the Tenant shall be deemed to be in default by operation of law. The Tenant shall owe interest at a rate of 1 percent per month, unless the statutory commercial interest rate is higher, in which case that higher rate shall apply, plus extrajudicial collection costs amounting to 15 percent of the principal amount, with a minimum of 150 euros, to the extent permitted by law.

Cancellations and Changes

1. A cancellation by the Tenant is only valid if received in writing by QuickSpace.

      2. In the event of cancellation prior to commencement, the Lessee shall owe a cancellation fee based on the total order value excluding VAT:

• more than 90 days: 40 percent
• 90 to 60 days: 50 percent
• 59 to 30 days: 60 percent
• 29 to 10 days: 80 percent
• less than 10 days or during the Rental Period: 90 percent

       3. A no-show, or failure to grant access on the agreed date, will be treated as a same-day cancellation and will be billed at 100 percent, plus any demonstrable additional costs.

       4. Changes to quantities, product types, branding, or scheduling are only binding after written confirmation from QuickSpace and may result in rescheduling fees and price adjustments.

       5. QuickSpace reserves the right to refuse changes if they jeopardize scheduling, safety, or availability.

Force Majeure

1. Force majeure refers to any circumstance beyond QuickSpace’s reasonable control that prevents or significantly impedes (timely) performance, including war, terrorism, civil unrest, epidemics, extreme weather conditions, transportation disruptions, border closures, customs embargoes, strikes, power or water outages, and failures on the part of suppliers or carriers.
2. QuickSpace will report force majeure as soon as possible and will take reasonable measures to mitigate its effects.
3. QuickSpace may suspend its obligations for as long as the force majeure continues.
4. If performance loses its commercial value due to force majeure in the context of the Event, or if performance cannot be achieved within a reasonable period of time, QuickSpace may terminate the Agreement in whole or in part. Costs already incurred and services already rendered will be invoiced.
5. Additional costs resulting from force majeure, such as storage, re-transportation, and overtime, are billable.

Price adjustment for transportation, logistics, and external costs

1. The agreed prices are based on the cost factors in effect as of the date of the quote. If, after the agreement has been concluded, there are changes in costs that are beyond QuickSpace’s control, QuickSpace is entitled to adjust the agreed price accordingly.
2. Cost factors as referred to in paragraph 1 include, among others:
   a. transportation costs, including costs incurred by carriers, logistics partners, and freight forwarders
   b. fuel prices and fuel surcharges
   c. costs for toll roads, environmental zones, and other transportation-related charges
   d. costs resulting from changes in laws and regulations
   e. import duties, customs costs, and other costs of international trade
   f. costs of temporary importation, including (e)ATA carnets or comparable customs documentation
   g. insurance premiums for transport or logistics risks
   h. costs resulting from a shortage of transport capacity or disruptions in the supply chain
   i. costs arising from geopolitical developments, trade restrictions, or sanctions
   j. costs resulting from significant changes in exchange rates
   k. other external costs that affect the performance of the agreement and could not reasonably have been foreseen by QuickSpace at the time the quotation was issued.
3. QuickSpace will notify the tenant of any price adjustment in a timely manner and in writing, stating the reason for the adjustment and, if reasonably possible, providing a breakdown of the relevant cost changes.
4. Any price adjustment will apply only to the portion of the agreement affected by the relevant cost change and will be determined on a reasonable basis.
5. If the agreement is performed more than three months after the date of the quotation, transportation and logistics costs shall be deemed to be based on indicative market prices and may be adjusted to the rates in effect at the time of performance.
6. If the agreement is performed more than twelve months after the date of the quote, QuickSpace has the right to fully adjust the relevant costs based on the market prices in effect at that time, without this entitling the tenant to terminate the agreement without penalty.
7. Price adjustments made pursuant to this section do not entitle the tenant to terminate the agreement, provided that the price change results from demonstrable changes in external cost factors beyond QuickSpace’s control.
8. If the tenant arranges transportation on their own or designates a carrier, QuickSpace shall not be liable for any changes in transportation costs, delays, or damage occurring during transportation.
9. This provision does not affect QuickSpace’s right to make additional arrangements with the tenant in the event of exceptional and unforeseen circumstances in order to ensure that the agreement can continue to be performed.

Termination

1. QuickSpace may terminate or suspend the Agreement with immediate effect if: the Tenant fails to fulfill its obligations, security or advance payment is not provided, there is insolvency, a stay of proceedings, bankruptcy, seizure, or a similar situation, or if continuation cannot reasonably be expected.
2. Upon termination, all claims become immediately due and payable.
3. The Tenant shall cooperate with the immediate return of the equipment and grant QuickSpace access to the Location for the purpose of retrieval, to the extent necessary and permitted.

Intellectual Property and Branding

1. All rights to QuickSpace’s products, designs, documentation, and trademarks remain with QuickSpace.
2. Branding of Products by the Lessee is permitted only with written consent and in accordance with instructions. The Lessee warrants that the materials provided do not infringe on any third-party rights and indemnifies QuickSpace against any intellectual property claims.

Compliance with legislation

1. The tenant complies with all applicable laws and regulations, venue rules, and safety regulations.
2. The Tenant is responsible for obtaining all necessary permits and filing all required notifications, and shall indemnify QuickSpace against any fines or claims arising from the Tenant’s failure to comply.

Liability

1. QuickSpace is liable only for direct damages that are the direct result of a culpable breach by QuickSpace.
2. QuickSpace is not liable for indirect damages, consequential damages, loss of profits, lost savings, reputational damage, or damages resulting from event cancellation, delays, or disruptions.
3. QuickSpace’s total liability is limited to the lesser of: the invoice value of the portion of the Agreement to which the liability relates, or the amount paid out by QuickSpace’s insurer in the relevant case.
4. Nothing in this Agreement excludes liability for damages resulting from the intentional acts or gross negligence of QuickSpace’s management.
5. The tenant acknowledges that the statutory rights of injured parties under product liability law cannot be limited by contract.

Indemnification

1. The Lessee shall indemnify QuickSpace against all claims by third parties arising from: the use of Products; installation or dismantling by the Lessee or third parties; failure to comply with Specifications, instructions, or safety regulations; attachment to buildings or integration with truss and AV systems; crowd control and public access; and permits and local compliance.
2. The tenant shall support QuickSpace in and out of court, bear legal costs, and shall not settle without permission.

      3. If the Tenant fails to comply, QuickSpace may take appropriate measures. All costs shall be borne by the Tenant.

Courtesy

If there are multiple parties acting as Tenants, they are jointly and severally liable for all obligations under the Agreement.

Governing Law and Disputes

1. The Agreement is governed by Dutch law.
2. The District Court of Overijssel, Almelo Division, shall have exclusive jurisdiction, unless otherwise required by mandatory law. QuickSpace may also bring proceedings for debt collection or preliminary injunctions before the competent court in the Tenant’s place of business.
3. The Vienna Sales Convention (CISG) is excluded to the extent applicable.

Final Provisions

1. The Tenant may only transfer rights or obligations with QuickSpace’s prior written consent.
2. If QuickSpace does not enforce a provision, this does not constitute a waiver of rights.
3. If communication takes place via email, it shall be deemed to be in writing, unless mandatory law requires otherwise

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