No lifting platforms for evictions – Disclaimer in all leases

On Sept. 18th, the companies Gerken (no english version of their press release) and Cramer (english) withdrew their lifting platforms from the evacuation of the Hambach Forest. We hope that this important and responsible step will to catch on. Both companies had been made aware of the improper use of their devices by attentive forest walkers. We thank them for these hints.
In their statements, both companies also point out that they have not been informed in advance about the intended use of their machines. That’s why we recommend for lifting platform rental:

Disclaimer in all leases – No deployment for evictions

Such clauses will allow lessor to avoid claims for recourse if their equipment is used for morally unsustainable operations. The same of course applies to the rental of e.g. floodlighting systems, generators or site fences.
Since RWE and police apparently conceal by default, for what purpose they want to use rented lifts or elevators, these clauses should also be included by default in all leases. Only then lessors have an effective protection against possible recourse claims.
Our legal advice suggests the following formulation:

Exclusion of use in connection with forced evictions of political climbing actions

  1. The lifts and other equipment rent from us may not be used in connection with forced evictions from political climbing events (such as tree houses in the Hambach Forest). This also applies to the rental of equipment by the renter to third parties.
  2. In the case of infringement of the aforementioned prohibition of use, the lessor has an extraordinary, immediate right of termination. The equipment in this case at the expense and risk of the tenant immediately return to the lessor. Further claims for damages of the lessor remain unaffected.
  3. Exceptions must be agreed in advance in writing with us.

Without rented lifts and other equipment, the violent eviction and clearing of Hambach Forest would not be feasible. In this respect, the rental companies carry a not inconsiderable responsibility. Hopefully, this assistance can help more companies to meet this responsibility.

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