GTC

Terms & Conditions

1. General / Scope

  1. These Terms & Conditions (“T&C”) apply to all rental agreements between PeJay Events, Zurich (hereinafter “Lessor”), and its customers (hereinafter “Tenant”) for the rental of event equipment, audio and lighting systems, and accessories.
  2. Diverging or supplementary terms of the Tenant shall not apply unless expressly agreed in writing by the Lessor.
  3. These T&C form part of every rental agreement, regardless of whether the contract is concluded in writing, by email, by phone, or verbally.
  4. “Rental items” within the meaning of these T&C are all devices, systems, and accessories provided by the Lessor.
  5. Swiss law applies exclusively.
  6. Rental prerequisites: Rental is only to persons of legal age (minimum 18 years). Persons under 18 may rent only if an adult contracting party (e.g., parent or responsible supervisor) signs the contract and assumes full responsibility.

2. Conclusion of Contract

  1. The contract between PeJay Events (“Lessor”) and the customer (“Tenant”) is formed only if:
    • both parties have signed the rental agreement or offer in writing; and
    • the Tenant has paid a deposit of 20% of the agreed rental price.
  2. Offers by the Lessor are valid for 30 days and are binding only as long as the Tenant does not request additional services or modifications.
    • Subsequent requests for further services, equipment, or accessories count as a new request,
    • any additional costs incurred will be charged to the Tenant, and
    • the Tenant acknowledges that the final invoice may exceed the amount of the original offer.
  3. Additional services, follow-up orders, or changes to the assignment must be agreed in writing (email or signed addendum). Verbal agreements are not valid.
  4. Changes requested by the Tenant within 24 hours prior to the start of the rental may be subject to a processing fee of CHF 30 per hour of additional effort.
  5. If the Tenant cancels within 24 hours prior to the start of the rental, the 20% deposit is non-refundable.
  6. The Lessor reserves the right to reject contracts without stating reasons, in particular if:
    • there are doubts about the Tenant’s solvency,
    • there are indications that the event is unlawful or does not meet applicable safety regulations, or
    • the Tenant has previously breached contractual terms.
  7. The contract covers only the services expressly listed in the rental agreement or offer. No further services are owed.

3. Services & Rental Items

  1. The Lessor provides the Tenant with the devices, systems, and accessories (“rental items”) expressly listed in the rental agreement or offer. Additional services such as transport, setup, operation, or technical support are not part of the contract by default and must be agreed separately.
  2. Rental items are delivered in working and tested condition. Normal signs of use do not constitute a defect and do not entitle the Tenant to a reduction in price. By signing upon handover, the Tenant confirms proper condition and completeness.
  3. Accessories such as cables, adapters, or stands are supplied only to the extent expressly listed. Consumables (e.g., fog fluid, batteries, bulbs) are not included in the rental price and will be charged separately if provided by the Lessor.
  4. Rental items may be used only for the purpose and at the venue agreed in the contract. Sub-rental to third parties is prohibited. The Tenant must comply with all legal requirements, in particular regarding noise protection, fire protection, and any equipment requiring permits (e.g., lasers or fog machines).
  5. The Tenant must check the rental items immediately upon handover for completeness and function. Later complaints will only be considered if defects or missing items are recorded in writing at handover.
  6. The Lessor only warrants proper function on handover. Any guarantee for event success or quality is expressly excluded.
  7. The Lessor assumes no liability for damage, failures, or functional limitations caused by improper handling, incorrect operation, non-intended use, or missing protective measures by the Tenant or third parties. In such cases, there is no claim for refund or price reduction.
    Examples: overheating from direct sun, connecting to unsuitable power sources, exceeding permissible load values, use in wet or dusty environments.
  8. In the event of failures during the rental period that are not due to improper handling or fault of the Tenant, the Lessor will endeavour—where possible—to provide replacement equipment or repair. There is no claim to a full refund. Any refunds are limited to the pro-rated rental value of the affected device. Further claims, in particular consequential damages or loss of profit, are excluded.

4. Tenant’s Duties

  1. The Tenant shall handle the rental items with care and protect them from damage, overload, moisture, dust, heat, and cold. Manipulations, modifications, or self-repairs are prohibited.
  2. The Tenant is responsible for providing a suitable and safe power supply (correct voltage, sufficient protection, suitable cables and sockets). Damage due to faulty power supply is borne entirely by the Tenant.
  3. In case of self-collection, the Tenant bears full responsibility for transport and proper storage. Damage due to improper transport or storage is borne by the Tenant.
  4. Operating instructions and safety notes must be observed. Devices may only be operated by instructed personnel. Safety bonds are mandatory for suspended fixtures.
  5. During the event the Tenant must protect the rental items against theft, vandalism, and misuse by third parties. Damage caused by guests or third parties is the Tenant’s responsibility.
  6. The Tenant is responsible for complying with all legal requirements and obtaining necessary permits (e.g., SUISA, lasers, fog machines, noise limits, police requirements). Violations are solely at the Tenant’s risk.
  7. The Tenant must return all items on time, complete, and clean. If returned late without prior agreement, the Lessor may charge the additional period at the usual rental rates.
  8. Damage, malfunctions, or losses must be reported to the Lessor without delay. Failure to report leads to full liability.
  9. The Tenant is liable for all damage caused by improper use, even if operators or guests are under the influence of alcohol or drugs.

5. Rental Period / Handover / Return

  1. The rental period begins and ends at the times agreed in the contract. Early return does not release the Tenant from paying the full agreed price. Extensions require prior written consent of the Lessor.
  2. Handover generally takes place at the Lessor’s warehouse unless delivery and collection have been expressly agreed. Condition and completeness may be recorded in a handover protocol. With handover, all risks of loss, damage, or theft pass to the Tenant.
  3. The Tenant must return the items on time, complete, and in the agreed condition. If returned late without agreement, the additional period may be charged at usual rates (at least one additional rental day).
  4. Items must be returned clean and in proper condition. Heavy soiling may be charged with a reasonable cleaning fee.
  5. Missing accessories will be charged at replacement value.
  6. Upon return the Lessor checks completeness and visible damage. Hidden or later detected damage attributable to the rental period is also the Tenant’s responsibility.
  7. From handover until return, the Tenant bears the sole risk of loss, theft, damage, or improper use.

6. Rental Prices & Payment Terms

  1. Prices are based on the current price list or the amount agreed in the contract/offer. All prices are in CHF. The Lessor is currently not subject to VAT.
  2. Payment is due per the contract. 20% deposit upon conclusion (see 2.1). Remaining amount upon handover or per invoice within the stated term.
  3. Surcharges
    • Night surcharge 50% between 22:00–06:00 (currently CHF 45/h).
    • No weekend surcharge.
    • Express surcharges only for substantial extra effort.
  4. Late payment
    • One reminder; then debt collection without further notice.
    • From reminder due date: 5% p.a. default interest + CHF 30 processing + official fees.
  5. Discounts and special prices generally apply only if paid on time; exceptions possible.
  6. No set-off.
  7. Discounts: students, schools, professional associations, youth organisations: 20% with proof; via coupon code; not combinable.

7. Security Deposit

  1. The Lessor may require a deposit prior to handover. Amount at the Lessor’s discretion; serves as security for damage, loss, late return, cleaning, or outstanding claims.
  2. Deposit is payable upon collection in cash or via TWINT.
  3. Refund after inspection within 5 business days via TWINT/bank transfer.
  4. Missing parts can be supplied within 5 business days; otherwise replacement at the Tenant’s expense.
  5. The deposit may be used for cleaning, additional rental, repairs, or outstanding claims.
  6. If the deposit is insufficient, the Tenant is liable for the difference.
  7. The deposit is not a down payment towards the rental price.
  8. Only the contracting party is liable; no interest.

8. Cancellation / Withdrawal

  1. Form: Cancellations must be made in writing (email or letter). Telephone cancellations are only valid if promptly confirmed in writing.
  2. Reservation deposit (non-refundable): The deposit due upon contract conclusion (usually 20% of the rental price) secures the reservation and planning and is retained for any cancellation.
  3. Cancellation fees (standard rentals without on-site staff):
    • from 14 days before rental start: deposit retained (no further costs),
    • 13–8 days: 40% of the agreed rental price (incl. deposit),
    • 7–3 days: 70% of the agreed rental price (incl. deposit),
    • < 72 hours: 100% of the agreed rental price.
  4. Programming & individual pre-work (always time-based):
    • Work already performed (e.g., lighting design, scene/show programming, DMX configuration, prep/test runs, file maintenance, planning, communication) is always billed by time at the agreed rates—regardless of cancellation date.
    • Evidence via time tracking / itemised breakdown on request.
    • No minimum hours; only the actual time is billed.
  5. On-site services (setup/teardown, transport, support):
    • No minimum hours.
    • From 7 days before rental start, any actually incurred labour/transport time up to cancellation is billed (e.g., journey already started, picking).
    • More than 7 days prior no costs generally apply for these items.
  6. Rebooking (date change): One rebooking is free of charge up to 7 days before rental start (subject to availability). For rebookings < 7 days, a fee of 15% applies; < 72 hours counts as cancellation under 8.3–8.5.
  7. Partial reduction: Cancelling individual devices/packages after contract conclusion counts as (partial) cancellation. Scales per 8.3 apply; pre-work per 8.4 and, if applicable, labour/transport per 8.5 will be added.
  8. No-show / cancellation after loading or departure: If the Tenant does not appear or cancels after loading/departure, 100% of the rental price plus actually incurred labour/transport time is due.
  9. Outdoor & weather risk: Weather-related cancellations/changes are the Tenant’s risk and do not entitle to free cancellation. The Tenant must provide adequate protection (cover, weather protection, backup location).
  10. Official requirements / third-party reasons: Cancellations by venue, authorities, or third parties do not release the Tenant from obligations towards the Lessor.
  11. Withdrawal by the Lessor (force majeure/impossibility): If the Lessor must withdraw for unforeseeable reasons (e.g., sudden technical defect with no replacement), prepaid amounts for non-performed services will be refunded. Further claims (especially consequential damages or lost profit) are excluded.

9. Transport / Delivery / Setup

  1. Transport services CHF 30/h (including travel/loading time, etc.); additional costs (parking, permits) are borne by the Tenant.
  2. Preparation (stands, cabling, programming) CHF 30/h unless included in the rental price. In case of self-setup, proper return is mandatory; otherwise post-processing CHF 30/h.
  3. Waiting times caused by the Tenant: CHF 30/h.
  4. The Tenant ensures access, parking, and carrying help; for stairs/narrow access, provide helpers.
  5. Helpers by agreement: CHF 30/h.
  6. Lessor may decline external helpers; if so, the Tenant must provide their own; damage caused by such helpers is at the Tenant’s expense.
  7. Damage caused by the Lessor’s helpers will not be charged to the Tenant.
  8. Long trips: actual expenses (Mobility, km, tolls, parking) against receipt.
  9. Return transport by Lessor/Tenant as agreed.

10. Liability & Insurance

  1. From handover, the Tenant is liable for loss, theft, damage, soiling, and improper use—including by third parties or force majeure.
  2. Liability also for mis-operation, incorrect setup, non-observance of manuals, missing safety measures, etc.
  3. Loss counts as damage; missing/defective accessories will be charged.
  4. Replacement at new or replacement value; in case of model change, an equivalent device will be used.
  5. The deposit may be offset; any difference is borne by the Tenant.
  6. Damage/loss must be reported immediately; self-repairs are prohibited.
  7. The Tenant is responsible for adequate insurance cover; proof may be required.
  8. The Lessor is liable only for intent or gross negligence; indirect damage, force majeure, and third-party actions are excluded.
  9. Product liability is excluded; operational safety lies with the Tenant.
  10. Technical assessment of defects may take up to 30 days (longer with manufacturer); in case of age-related failure, a pro-rated refund may be granted, with no claim to a full refund.
  11. End of Lessor’s responsibility: Upon proper handover in working condition.

11. Warranty & Defects

  1. Proper function on handover; signs of use are not a defect.
  2. Duty to inspect upon handover; later complaints only for hidden defects.
  3. Hidden defects must be reported immediately; the Lessor may inspect them.
  4. No guarantee of success; external circumstances do not entitle to refunds.
  5. Defect assessment up to 30 days; for age-related failure, no damage charge and possible pro-rated refund.
  6. Replacement device subject to availability; no entitlement.
  7. Refunds are always pro-rated; no unilateral deductions/set-off.
  8. No liability for consequential damages.

12. Retention of Title

  1. Rental items remain the property of the Lessor.
  2. No sale/pledge/transfer to third parties without consent.
  3. No lien/right of retention.
  4. In case of seizure by authorities/creditors, inform the Lessor immediately; costs borne by the Tenant.
  5. Recovery in case of contractual breaches is possible.
  6. Risk is borne by the Tenant (see sec. 10).

13. Safety & Legal Requirements

  1. Legal responsibility of the Tenant: Compliance with all regulations/permits (lasers, pyrotechnics, fog, noise, etc.).
  2. Proof & deadlines: Provide permits/proofs at least 7 days prior to rental; the Lessor checks plausibility.
  3. Lasers: Classes 3B/4 only with LSB; shows level 1/2; register at least 14 days with the FOPH; laser function of combo devices may be disabled.
  4. Pyrotechnics: Permits required; licensed pyrotechnician; no operation without evidence.
  5. Noise protection: Comply with limits; Tenant is responsible.
  6. Forged documents: Full liability; potential criminal complaint.
  7. Seizure: Costs/fees are borne by the Tenant; rental price remains due.
  8. Fire protection & safety: Operate only in suitable premises; obtain permissions where required.
  9. Setup/operation: Safety bonds, cable securing, protection against moisture/heat, exclude unauthorised persons.
  10. Third-party damage: Tenant is liable for property/personal damage.

14. Data Protection & Image Rights

  1. Collection: Required contract/payment data.
  2. ID copy: Permitted for security; deletion per retention periods.
  3. Retention period: As required by law (e.g., CO 10 years).
  4. Disclosure: Only where legally necessary or for enforcement.
  5. Rights: Access, rectification, deletion (as permitted).
  6. Photos/videos: Content of devices without people may be used freely; with people only with consent.
  7. Marketing: Only with consent; information to existing customers with opt-out.
  8. Data security: Careful and secure storage; restricted access.

15. Place of Jurisdiction & Final Provisions

  1. Law: Swiss law exclusively; CISG excluded.
  2. Jurisdiction: Lessor’s registered office (business) or statutory venues (consumers). The Lessor may also sue at the Tenant’s domicile.
  3. Severability: Invalid provisions shall be replaced by provisions closest in economic intent.
  4. Written form: Amendments/additions must be in writing and confirmed by both parties.
  5. Order of precedence:
    1. Contract
    2. Terms & Conditions
    3. Offer

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