General Terms and Conditions
I. Obligations of the landlord
1. serviceability of the vehicle
The Rental Firm shall provide the Hirer with a roadworthy and technically flawless vehicle and accessories for use.
2. insurance
The vehicle is insured in accordance with the applicable General Terms and Conditions for Motor Insurance (AKB) as follows.
Liability insurance: at least EUR 500,000.00
Partial casco insurance: this covers damage in the event of fire, explosion, theft and natural hazards as well as glass and game damage (glass and game damage with the deductible prescribed in § 13
Para. 9 AKB)
Passenger insurance is only valid if expressly agreed for a special fee, with the following sums insured:
A) Disability EUR
B) Death EUR
C) Medical expenses EUR
If there are two or more occupants in the rental vehicle, the sums insured are increased by 50% for a pro rata claim.
3. maintenance
Maintenance of the vehicle, with the exception of washing, shall be carried out by the Rental Firm after registration. If this is not possible due to the location of the vehicle, the Rental Firm shall reimburse the documented costs.
4. repair
If a repair becomes necessary during the rental period in order to ensure the operation or road safety of the vehicle, the Hirer may commission an authorized workshop up to a cost amount of EUR 100.00 without further ado, but for more extensive repairs only with the prior consent of the Rental Firm. The repair costs shall be borne by the Rental Firm insofar as the Hirer is not liable in accordance with No. IV of this provision.
II Obligations of the tenant
1st rental price
The rental price is based on the agreement in the rental contract or the lessor's price list attached to this contract.
The one-way rental fee must be paid if the vehicle is returned to a location other than that agreed in the contract.
If the odometer fails, the Hirer is obliged to take the vehicle directly to a suitable workshop without delay and to obtain instructions from the Rental Firm. If this provision is not complied with, the price per kilometer shall be calculated on the basis of a distance of 100 km per day. The Hirer shall be entitled to prove that the damage incurred by the Rental Firm was less or did not occur at all, or that a shorter distance was driven.
2. obligation to pay
The Rental Firm may demand an advance payment of up to the amount of the expected final price, but at least EUR 100.00, before taking over the vehicle.
3. authorized managers
The vehicle may only be driven by the Hirer, its employed professional drivers and the drivers specified in the rental agreement. The Hirer shall be responsible for the actions of the respective driver as if they were his own. All provisions of this contract that benefit the meter also apply in favor of the respective authorized driver.
4. duty of care
The Hirer must treat the vehicle with care and observe all relevant regulations and technical rules for its use, in particular the maintenance deadlines and properly lock the vehicle.
5. restriction of use
The Hirer is prohibited from using the vehicle for motor sport events, for testing purposes, for commercial long-distance passenger or freight transportation and for other unlawful purposes, even if they are only associated with the law of the place of the offence. Trips outside of Germany are only permitted with the prior consent of the Rental Firm.
6. duty of disclosure
In the event of an accident, the Hirer must inform the Rental Firm of all details in writing immediately, at the latest upon return of the vehicle, submitting a sketch. The accident report must in particular contain the names and addresses of the persons involved and any witnesses as well as the registration numbers of the vehicles involved. After an accident, the Hirer must inform the police if the information required to clarify the accident cannot be reliably obtained by other means, e.g. with the help of witnesses. Opposing claims may not be recognized.
Fire or theft damage as well as damage caused by game must be reported immediately by the tenant to the landlord and the responsible police authority.
7. vehicle return
The Hirer is obliged to return the vehicle to the Rental Firm at the agreed location at the end of the rental period. The Hirer must return the vehicle in the same condition in which it was received, with the exception of the normal wear and tear caused by the rental agreement/use of the vehicle. The vehicle may only be returned during the Lessor's business hours, unless otherwise agreed. If the time of return is exceeded by more than 1 hour, the Lessee shall be obliged to pay compensation for the period of the delay, without prejudice to any further liability pursuant to No. IV of these Terms and Conditions, in the case of a delay of between 1 hour and 6 hours of the daily rental fee per day. The Hirer is at liberty to prove that the Rental Firm has incurred no or less damage.
III Liability of the landlord
The Rental Firm shall be fully liable for all personal injury culpably caused to the Hirer and in the event of a breach of material contractual obligations; otherwise, liability shall be limited to intent and gross negligence unless cover exists under the liability insurance taken out for the vehicle. Further claims, regardless of the legal grounds, are excluded.
IV. Liability of the tenant
The Rental Firm may indemnify the Hirer for damage to the rented vehicle against payment of a fee in accordance with the principles of fully comprehensive insurance, if applicable without an excess (in the case of a truck excess of at least EUR 150.00). The Hirer shall not be exempt from the obligation under II clauses 3-7.
A) The Hirer shall be liable without limitation for all accidental damage caused by him to the Rental Firm in the event of intent or gross negligence, in particular in the event of driving under the influence of drugs or alcohol or failure to observe the sign 265 StVO (clearance height). In addition, the Hirer shall be liable without limitation for all damage for which he is responsible that is caused by the use of the vehicle for a prohibited purpose (II Section 5), by the load or by improper handling of the vehicle. If the Hirer has left the scene of the accident without authorization (§ 142 StGB) or has breached his obligations in accordance with II clauses 3 and 6 of these conditions, he shall also be fully liable unless the breach had no influence on the determination of the claim.
b) If the exemption from liability has been expressly excluded in the rental agreement, the Hirer shall be liable for the pure repair costs in the event of accidental damage caused by the Hirer or, in the event of a total loss, for the replacement value less the residual value, limited to the maximum amount agreed in the applicable price list. The Hirer is at liberty to prove that the Rental Firm has incurred no or significantly less damage.
c) The Hirer shall be liable for the additional downtime costs up to the amount of one day's rent for each day on which the Rental Firm's damaged vehicle is not available for rental. Here too, the Hirer is free to prove that the Rental Firm has incurred no or significantly less damage.
V. Maturity and limitation period
The short limitation period of 6 months in accordance with §§558, 225 BGB (German Civil Code) applies to the Lessor's claims for compensation due to alteration or deterioration of the vehicle, calculated from the date of return of the vehicle.
If the accident was recorded by the police, the landlord's claims for damages against the tenant only become due once the landlord has had the opportunity to inspect the official investigation files.
In this case, the limitation period shall commence no later than 6 months after the return of the vehicle. The Rental Firm is obliged to make immediate and emphatic efforts to inspect the files and to inform the Hirer of the time of the inspection of the files without delay.
VI Data protection clause
The Hirer agrees that the Rental Firm may store the necessary contractual data and forward it via the central warning ring to the Bundesverband der Autovermieter Deutschlands e.V., to the rental companies affiliated with this association in the event of non-contractual behavior together with the respective cause (e.g. vehicle not returned, false information given on the rental, false or lost personal documents presented, non-payment, deliberately causing an accident), insofar as this is necessary to safeguard the legitimate interests of the lessor, an affiliated member of the BAV or the general public and there is no reason to assume that the lessee can credibly demonstrate a legitimate interest in the exclusion of this data determination. The BAV only transmits objective data. The tenant can obtain information about the stored data from both the landlord and the BAV.
The BAV's central warning ring is the WANDA database, a computer-based warning file maintained by the company Robert Kirchenbauer Elektronische Informations-Systeme GmbH, Adolf-Kolping-Platz 4, 92637 Weiden.
VII Place of jurisdiction
The registered office of the lessor is agreed as the place of jurisdiction if the lessee has no general place of jurisdiction in Germany or if he moves his place of residence or habitual abode abroad after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought, furthermore if the lessee is a legal entity under public law or a special fund under public law or a registered trader.