Liability of the Lessor. 12.1 The Lessor shall only be liable for losses or damage incurred by the Lessee or third parties in connection with the Vehicle or its use, if the losses or damage were caused intentionally or by gross negligence on the part of the Lessor. In all other cases the Lessor shall not be liable, and the Lessee shall not make the Lessor liable for such claims.
12.2 The Lessor shall not be liable for theft, destruction and loss of usable value of any items transported or left in the Vehicle.
12.3 The Lessor bears no responsibility for any deficiencies of the Vehicle arisen during the Vehicle lease period or any type of loss caused by the Lessee in this regard.
12.4 The Lessor is not responsible for damage the Lessee may suffer during servicing or repairs of the Vehicle due to restrictions on the use of the Vehicle. The Lessee is not entitled to any compensation or refund for period of the Vehicle’s repair.
12.5 The Lessor shall not be liable for the Lessee's indirect or accidental loss, including, but not limited to loss of profit.
Liability of the Lessor. 1. The Lessor is liable to the Charterer and his crew only for losses attributable to malice or gross negligence on the Lessor’s part, as well as for death, personal injury and damage to health attributable to malice or gross negligence by the Lessor or by his agents and representatives.
2. The Lessor is not liable for losses attributable to ambiguity, changes to or errors with the nautical aids provided, e.g. sea charts manuals, compass, radio navigation aid etc.
3. The Charterer shall have no claims if the yacht is rendered unusable due to damage or total incapacity caused by the Charterer or a third party during the charter period.
Liability of the Lessor. Notwithstanding any provision to the contrary, the Lessor shall not be liable for damages occurring in the Leased Premises or in the Immovable resulting from any cause whatsoever, unless such damages are directly attributable to the fault of the Lessor. The Lessor shall not be liable for damages suffered by the Lessee resulting from the fault attributable to a lessee or a third party even if such third party is a person whom the Lessee or another lessee of the Building has allowed to use or to have access to the Leased Premises.
Liability of the Lessor. 1. The Lessor shall only be liable to the Charterer and his crew for damage arising as a result of intent and gross negligence on the part of the Lessor, as well as for damage arising from injury to life, limb or health due to a negligent breach of duty by the Lessor or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Lessor.
2. The Lessor shall not be liable for such damage caused by inaccuracies, changes and errors in the nautical aids provided, such as nautical charts, manuals, compasses, radio direction finders, etc.
3. Claims of the Charterer due to non-usability of the yacht due to damage or total loss caused by the Charterer or a third party during the charter period are excluded.
Liability of the Lessor. Except as otherwise provided in this Lease or applicable law, for any breach of this Lease the liability of Lessor (including all persons and entities that comprise Lessor, and any successor Lessor) and any recourse by Lessee against Lessor shall be limited to the interest of Lessor and Lessor’s successors in interest in and to the Building and Real Property. On behalf of itself and all persons claiming by, through, or under Lessee, Lessee expressly waives and releases Lessor from any personal liability for breach of this Lease.
Liability of the Lessor. The Lessor is liable for all damages, insofar as coverage exists as part of the vehicle insurance. For damages not covered by insurance, the Lessor’s liability in the event of damage to property or assets is limited to intent and gross negligence, unless the Lessor has violated essential contractual obligations. This limitation of liability also applies to employees of the Lessor, legal representatives, and vicarious agents. The limitation of liability does not apply to a legally prescribed fault-independent liability of the Lessor or to liability arising from a contractually accepted fault-independent guarantee, or damage to life, body, or health caused by the Lessor or a legal representative or vicarious agent of the Lessor. The Lessor assumes no liability for objects and things left in the vehicle or forgotten when the rental vehicle is returned.
Liability of the Lessor. The Lessor shall be liable for any direct loss incurred by the Lessee as the result of delay or defect. As far as defects are concerned, this is conditional upon the defect being material. Indirect loss is not covered. The damages shall not exceed 6 months’ rent, unless the Lessor has acted with intent or gross negligence. The Lessee shall not be entitled to withhold rent to secure any claim that the Lessee has or may get against the Lessor as the result of any defect or delay. If the Lessee wishes to invoke prolonged or repeated breach of contract on the part of the Lessor as a basis for termination, it shall be required to give prior written notice to the effect that the Lease may be thus terminated unless such breach is discontinued. Section 2-12 of the Tenancy Act shall also apply. The Lessee shall not be entitled to any damages or Rent reductions in respect of non-material interruptions to the supply of water, energy, air, etc.
Liability of the Lessor. 1. The Subject Matter of the Lease was handed over to the Lessee as new, and the Lessor must maintain it in an operating condition by carrying out necessary repairs (with the exception of maintenance, minor repairs and any repairs to the client changes), unless this Agreement provides that certain repairs are to be carried out by the Lessee.
2. Reduction of the rent and claims of the Lessee for compensation of damage due to (i) accidents and emergencies during the operation of the Property and its technical equipment; (ii) emergencies to health and safety, is limited by the amount of indemnity for such events, which the Lessor is obliged to conclude in accordance with this Agreement. This also applies to damage incurred by discontinuation of operation of the Lessee in the Subject Matter of the Lease.
3. Reduction of the rent or claims of the Lessee for compensation of damage due to pollution or disrupted access to the building or construction measures of third parties not caused by the Lessor are excluded. The Lessor shall not be responsible for any accidents or damage caused to the Lessee, its representatives, employees, contractors and visitors of the Subject Matter of the Lease, or to assets stored therein in connection with actions or failures to act on the part of any other Lessee or any other person with the exception of the Lessor and its employees. The Lessor shall not be responsible for damage to vehicles parked within the parking lots or for items stored within such vehicles, or for the theft of such vehicles and/or items. In case the Lessor acquires any rights in this regard from third parties, it shall assign them to the Lessee.
4. However, the liability of the Lessor towards the Lessee for damage is limited for each individual case by the insured amount (EUR 10,000,000 for property damage and EUR 10,000,000 for damage to health or death of persons). The Lessor shall be liable vis-à-vis the Lessee for the damage exceeding the insured amount only in case of damage caused intentionally or due to gross negligence.
5. If the Lessee has not concluded an insurance policy in the scope and under the terms and conditions as set forth in this Agreement, the Lessee is not entitled to compensation for damage including the compensation for damage incurred by the lost income against the Lessor in the scope, in which such damage would be covered by the insurance of the Lessee, if it has been concluded with the Lessee in accordance with this Agreement.
Liability of the Lessor. 1. The lessor shall be liable for personal injury, damage to property and pecuniary damages on the basis and to the extent of statutory liability provisions. It shall not be liable for damage caused by natural events such as flooding or earthquakes, or by the lessee’s own conduct or the conduct of third parties.
2. The liability of the lessor as well as of the parties it uses to perform its obligations and its vi- carious agents shall be excluded in cases of culpably caused damage, unless said damage was caused by intent or gross negligence. This shall not apply in the event of injury to life, limb or health, or in the event of a culpable breach of essential contractual obligations, e.g. SVG’s obligation to provide a parking space. In the event of a breach of essential contractual obligations which are based on circumstances other than intent or gross negligence, liability shall be limi- xxx to the damage which the respective contractual partner foresaw as a possible consequence of the breach of contract when concluding the agreement, or which the respective contractual partner should have foreseen given the circumstances of which it was or must have been aware.
3. Before leaving the parking facility, the lessee must immediately notify the lessor’s staff of any obvious damage to his or her vehicle by using the designated intercom/emergency call system at the pay machines or at the exit, contacting the SVG car park control centre: tel. +49 () 931/36-1408. This shall not apply if such notification is objectively impossible or unreasonable. In this case, the lessee must notify the lessor in text form (e.g. by email, fax, SMS, etc.) within 3 days of leaving the parking facility. If the lessee asserts claims for damages against the lessor, he or she shall be responsible for proving that the lessor has culpably breached its contractual obligations.
Liability of the Lessor. 1. The liability of the lessor, its statutory representative, and the person used to perform an obligation is precluded, unless
a. damages from injury to life, body, or health are based on a negligent breach of duty by the lessor or on a wilful or negligent breach of duty by a statutory representative or person used to perform an obligation, or
b. other damages are based on a grossly negligent breach of duty by the lessor or person used to perform an obligation
2. The lessor is not liable for damages unrelated to the leasing of the leased items.
3. Reasoned and properly raised notices of defects will be provided by corresponds to the lessor through rework, exchange, price reduction or taking back the goods against reimbursement of the rental price. Further claims by the lessee are excluded
