These general terms and conditions ("the Terms") apply to all deliveries from Tourcare ApS, CVR 40697934, ("Tourcare") to the customer ("the Customer"), unless otherwise agreed in writing between Tourcare and the Customer (collectively "the Parties"). The Terms apply to all deliveries, including but not limited to:
a) Rental of AV, staging, and event equipment
b) Sale of equipment and materials
c) Project management and consultancy
d) Installation and craftsmanship
e) Production of scenography, podium fronts, backdrops, etc.
f) Supply of technical personnel
g) Transport and logistics
The Customer's own purchase or delivery terms are not binding on Tourcare unless expressly accepted in writing. These Terms apply solely to customers acting in a commercial capacity. For deliveries to consumers, the mandatory provisions of applicable consumer protection legislation apply regardless of these Terms.
An agreement is deemed concluded when:
a) The Customer has accepted a quote submitted by Tourcare, and
b) Tourcare has issued an order confirmation.
The order confirmation is decisive for the content of the delivery. Any other matters are only binding to the extent confirmed in writing. Tourcare reserves the right to use subcontractors to fulfil the agreement.
All prices are stated in Danish kroner exclusive of VAT, duties, and transport, unless expressly agreed otherwise in writing between the Parties. Tourcare is entitled to make proportional adjustments to the agreed price with prior notice due to changes in:
a) Scope of the delivery
b) Materials
c) Transport costs
Any taxes, currency exchange costs and/or government-imposed duties will be added to the agreed price on a krone-for-krone basis. Any price changes will be notified to the Customer without undue delay.
Payment terms are net 8 days from invoice date, unless otherwise agreed. Tourcare may, by prior agreement, require advance payment, deposit, and instalment invoicing for longer-term projects.
In the event of late payment, interest will accrue in accordance with the Danish Interest Act, along with any reminder and collection costs. In the event of payment default, Tourcare is entitled to:
a) Suspend ongoing work
b) Withhold deliveries
c) Terminate the agreement
Unless otherwise agreed in writing, delivery takes place upon the Customer's collection at Tourcare's address, Høffdingsvej 32A, 2500 Valby, at which point risk transfers to the Customer. If Tourcare handles transport in whole or in part, risk transfers upon physical handover at the agreed delivery location. Transport carried out by Tourcare will be invoiced to the Customer unless otherwise agreed in writing.
The Customer is responsible for ensuring access conditions at the delivery location. Any delivery times are indicative unless expressly agreed otherwise.
The Customer is obliged to inspect goods upon delivery. Complaints regarding quantity or defects must be submitted by email immediately upon the Customer becoming aware of a potential fault or deficiency, and no later than 24 hours after delivery. Complaints regarding other matters must be made within 8 days of receipt.
Subject to the Customer's timely complaint, Tourcare is entitled to: i) remedy, ii) replacement, or iii) a proportional reduction. Complaints do not necessarily result in a reduction of the agreed price, nor may the Customer assert rights of retention or counterclaims for disputed claims. If the Customer fails to complain in time, the right to invoke the defect lapses.
Tourcare is not liable, regardless of the basis of liability, for indirect losses, including but not limited to:
a) Operating losses
b) Loss of profit
c) Lost earnings
d) Loss of data
e) Loss resulting from cancellation or delay of events
f) Loss resulting from technical failure of equipment or installations
Tourcare's total liability is in all cases limited to an amount corresponding to the invoiced amount for the specific delivery. This limitation of liability applies regardless of the basis of liability and also covers Tourcare's employees and subcontractors, except in cases of intent or gross negligence. Tourcare is not liable for errors or defects attributable to the Customer or a third party.
Tourcare is not liable for failure to fulfil the agreement if this is caused by circumstances beyond Tourcare's reasonable control, including but not limited to:
• War
• Terrorism
• Natural disasters
• Pandemics
• Strike or lockout
• Government intervention
Tourcare shall notify the Customer without undue delay.
Tourcare is entitled to terminate the agreement in whole or in part in the event of material breach by the Customer.
Tourcare processes personal data relating to the Customer's contact persons and representatives (typically name, email, phone number, and position) for the purpose of fulfilling the agreement, administering the customer relationship, and complying with legal requirements, including the Danish Bookkeeping Act. Data is retained in accordance with applicable legislation.
Registered individuals have the right to access, rectification, erasure, and objection pursuant to the General Data Protection Regulation. Further information about Tourcare's processing of personal data is available in Tourcare's privacy policy: https://tourcare.dk/en/cookie-privacy-policy. Complaints may be submitted to the Danish Data Protection Authority (www.datatilsynet.dk).
Tourcare's warehouse and storage areas are subject to video surveillance for security and documentation purposes, including to clarify the sequence of events in the event of damage, theft, or loss. Signage has been placed in the affected areas. Recordings are retained in accordance with applicable legislation and deleted once the purpose has been fulfilled, unless required for handling a specific case. Further information is available in Tourcare's privacy policy.
If one or more provisions of the Terms are declared invalid, unlawful, or without legal effect by a competent court or authority, this does not affect the validity of the remaining provisions. The Parties undertake in good faith to replace the invalid provision with a valid provision that as far as possible achieves the same commercial and legal purpose as the original provision.
The Customer may not assign rights or obligations under the agreement to a third party without Tourcare's prior written consent.
Tourcare is entitled to assign its rights and obligations under the agreement to group-affiliated companies, including Tourcare's parent company, and in connection with a full or partial transfer of Tourcare's business or assets.
Any dispute shall be governed by Danish law. Venue is the Copenhagen City Court, or the Maritime and Commercial Court in Copenhagen where the latter has subject-matter jurisdiction. The Parties shall, to the extent possible, seek to resolve disputes through negotiation or mediation before bringing proceedings before the courts.
The rented equipment may only be used by the Customer or their representatives. Subletting is only permitted with Tourcare's prior written approval. The equipment may not be altered, repaired, or modified without Tourcare's written consent.
The rented equipment may not be taken abroad without Tourcare's written approval. The Customer is obliged at all times to be able to account for the whereabouts of the rented equipment. It is the Customer's responsibility to have the necessary documents for transit of equipment (carnet, etc.)
Rental charges are calculated based on Tourcare's current prices. The rental period is the period during which the equipment is away from Tourcare's premises and available under the rental agreement.
The minimum rental period is 1 day, and equipment must be returned by 09:00 on the return date unless otherwise stated. If equipment is returned late, Tourcare is entitled to invoice the Customer for an additional rental day and may charge a fee for any additional costs caused by the delayed return.
Renewal and/or extension of the rental period requires a new contract specifying the new rental period. Early return of the rented equipment does not entitle the Customer to a reduction in the rental price.
In the event of cancellation, the following applies:
• From conclusion of the agreement to 60 days before the first rental day – 30% of the total contract sum.
• From 59–15 days before the first rental day – 60% of the total contract sum.
• From 14 days before the first rental day – 100% of the total contract sum.
The Customer may not invoke force majeure as grounds for avoiding cancellation fees under this clause. §8 (Force Majeure) does not apply to cancellation by the Customer.
Cancellation must be made in writing to Tourcare. For rental agreements where Tourcare produces, custom-manufactures, or procures products specifically for this agreement, a special condition applies: in the event of cancellation more than 24 hours after acceptance, the full rental amount (100%) will be charged.
The Customer bears full responsibility for the rented equipment during the rental period, regardless of cause, including accidental damage, subject to the limitations set out in §18. Damage must be reported to Tourcare immediately. Theft and vandalism must be reported to the police. Lost or destroyed equipment is replaced at current market value, i.e. the replacement value of equivalent equipment at the time of replacement. Equipment must be returned in the same condition as at handover, except for normal wear and tear. Failure to clean equipment may be invoiced separately.
If the Customer arranges transport of the delivery themselves, Tourcare reserves the right to approve the transport/means of transport. Regardless of whether Tourcare has approved the transport, the Customer is liable for damage to the rented equipment during the rental period.
Equipment rented from Tourcare is insured through Tourcare's parent company to cover relevant risks in connection with the agreed delivery. The insurance is subject to an excess of DKK 5,000 per claim. In the event of damage, theft, or loss of the rented equipment:
a) If the damage is covered by the insurance, the Customer is only liable for the excess of DKK 5,000 per claim.
b) If the insurance wholly or partially rejects the claim – including as a result of the Customer's circumstances, gross negligence, failure to report to the police, etc. – the Customer is liable for the full amount of compensation as determined and documented by Tourcare.
Tourcare may amend insurance terms and the excess with written notice. Changes to insurance terms and excess apply to rental agreements concluded 30 days after the notice takes effect.
These terms apply to storage of the Customer's goods ("the Goods") at Tourcare's warehouse or designated area. The terms apply in addition to the general terms and conditions, and in the event of conflict these special terms take precedence.
The Customer will be assigned a personal PIN code for access outside Tourcare's opening hours. The PIN code is strictly personal and may only be used by the Customer or persons authorised by the Customer. Disclosure to unauthorised persons is not permitted. The Customer is liable for loss or damage resulting from unauthorised use of the PIN code, unless the Customer can document that the misuse was not attributable to the Customer.
Alarm and gate rules must be followed. Incorrect use of the alarm or failure to secure the premises may result in a fine and administration fee.
Goods must be placed within the area or bay designated by Tourcare. Tourcare is entitled to move or remove goods located outside the designated area at the Customer's expense. In the event of repeated violations, Tourcare may, following written notice, store or dispose of the Goods at the Customer's expense.
The Customer must leave their space in a tidy condition. Waste, packaging, and similar materials must be removed by the Customer. If the space is not left in a clean and tidy condition, Tourcare is entitled to carry out cleaning and tidying at the Customer's expense and to invoice a cleaning fee corresponding to the costs incurred.
Flammable, explosive, environmentally or health hazardous, biological, illegal, or otherwise risky materials may not be stored without Tourcare's prior written permission. Violation entitles Tourcare to immediately remove the relevant goods at the Customer's expense, and the Customer is liable for any loss or damage caused by such items.
Goods are stored at the Customer's own risk. Tourcare is not liable for loss or damage to Goods resulting from theft, fire, water damage, vandalism, or similar incidents. The Customer is obliged to store Goods responsibly with regard to their own and others' goods and Tourcare's facilities, and the Customer is liable for damage caused by the Goods to Tourcare or third parties.
Insurance of the Goods is the Customer's responsibility.
If Goods are not removed by no later than one calendar day after expiry of the agreement, a fine of DKK 250 per commenced day per commenced 2.5 sqm will accrue until the Goods are removed. Any additional handling costs will be invoiced separately. Tourcare is entitled to dispose of Goods not removed within 30 days of written notice, at the Customer's expense.
Calls to Tourcare's emergency line outside opening hours will be invoiced at DKK 1,000 per commenced hour. Invoicing begins upon the call being answered. No charge applies if the reason for the call is attributable to Tourcare.
Storage is invoiced quarterly in advance. Either party may terminate the agreement with one (1) month's written notice. Upon termination by Tourcare during a prepaid period, the remaining amount will be refunded to the Customer on a pro-rata basis. Upon termination by the Customer, the agreement runs until the end of the prepaid period or until expiry of the notice period, whichever is later, and no refund is given for the remaining portion.
Tourcare carries out project management, installation, scenography, and similar works in accordance with ordinary professional standards. Any time indications are indicative unless expressly agreed otherwise.
Changes in the scope or nature of the assignment after conclusion of the agreement may result in changes to price and delivery time. Additional work is invoiced based on:
a) Time spent
b) Materials used
c) Transport
The Customer must ensure:
a) Free access to the work site
b) Necessary authority permits
c) Access to power and facilities
d) A safe working environment
Delays or additional work resulting from the Customer's circumstances will be invoiced separately.
For the construction of scenography, podium fronts, backdrops, or similar constructions, the Customer is responsible for correct use. Tourcare is not liable for damage or accidents arising from:
a) Modifications made by the Customer
b) Incorrect use
c) Overloading
d) Failure to secure
e) Weather conditions at outdoor events
The Customer is responsible for ensuring that constructions are not subjected to loads or uses beyond those intended.
When technical personnel are supplied, they work under Tourcare's instruction. The Customer is responsible for safety at the event venue and for compliance with applicable regulatory requirements.
Drawings, designs, scenography, technical solutions, and similar materials produced by Tourcare remain Tourcare's intellectual property unless otherwise agreed. The material may not be copied, reproduced, or used without Tourcare's written consent.
Tourcare reserves the right to use images, drawings, and descriptions of completed projects as references for marketing purposes, unless otherwise agreed in writing.
The Customer bears full financial risk for the execution of events to which the delivery relates. Cancellation, modification, or failure to carry out an event – regardless of cause, including weather conditions, lack of audience, illness, government prohibition, or similar – does not release the Customer from their payment obligation to Tourcare.
This also applies in cases where the delivery is wholly or partially unused. Cancellation of the agreement with Tourcare is governed by §16. This provision concerns the Customer's risk for the execution of the event itself.
Goods sold remain Tourcare's property until the full purchase price including interest and costs has been paid. When trading in used goods, all items are sold as inspected and without any form of warranty or right of complaint, to the extent permitted by law.
The Customer may not resell, pledge, or otherwise dispose of title to goods subject to retention of title without Tourcare's consent.