Terms & Con­di­tions

§ 1 renter and autho­rized dri­vers

First Ten­ants may be one or more per­sons must be in the lease express­ly des­ig­nat­ed as ten­ants

Sec­ond The ten­ant may trans­fer the right of use under the lease with­out the writ­ten con­sent of the land­lord to oth­er dri­vers (autho­rized users). These dri­vers are called by the ten­ant of con­tract. The land­lord can exclude legit­i­mate dri­ver at any time and with­out notice of right to use again. The ten­ant has to inde­pen­dent­ly ver­i­fy whether the autho­rized dri­ver is in pos­ses­sion of the ter­ri­to­ry of the FRG still valid driver’s license and oth­er con­di­tions imposed by the license com­plies with this he has all his exploit avail­able oppor­tu­ni­ties and to col­lect the nec­es­sary inquiries. The ten­ant has to make sure that the pro­vi­sions of this agree­ment are com­plied with by autho­rized dri­vers. The ten­ant has the action of the dri­ver as to rep­re­sent his own.

Third The lessee is to use the vehi­cle for motor sport pur­pos­es, for test­ing pur­pos­es, for com­mer­cial pas­sen­ger or car­go trans­port as well as for unlaw­ful pur­pos­es or any third par­ty to pro­vide these pur­pos­es.

§ 2 Gen­er­al

First With regard to the two par­ties to the agree­ment known extra­or­di­nary risks of rent­ing a motor vehi­cle, the renter to dri­ve with­out any influ­ence of alco­hol or oth­er mea­sures of dri­ving abil­i­ty restric­tive means, in par­tic­u­lar drugs and intox­i­cants.

Sec­ond The ten­ant declares that he, all state­ments in the proxy or the autho­rized dri­ver of the car emits, so that all state­ments and also act for or against the autho­rized dri­ver.

§ 3 Insur­ance

First The insur­ance cov­er­age for the rent­ed vehi­cle extends to self-dri­ve rental lia­bil­i­ty insur­ance with a max. Cov­er­age of € 100 mil­lion but not more than € 8 mil­lion per injured per­son.

Sec­ond Every­one in the con­text of the rental con­tract insur­ance cov­er­age does not apply if an unau­tho­rized dri­ver has used the vehi­cle when the dri­ver of the vehi­cle when the insured event does not pos­sess the required driver’s license as well as in the case of § 8 of this Agree­ment.

Third For non-con­form­ing use of the vehi­cle is made of all insur­ance cov­er­age.

§ 4 Spe­cial oblig­a­tions of the ten­ant

First The ten­ant agrees to treat the vehi­cle with care and pro­fes­sion­al­ly, all too aware of the use of rel­e­vant reg­u­la­tions and tech­ni­cal rules to check reg­u­lar­ly whether the vehi­cle is in a road­wor­thy con­di­tion, and shut the vehi­cle prop­er­ly.

Sec­ond The ten­ant must sat­is­fy him­self as to the rent of them in par­tic­u­lar, that the vehi­cle is always done with the cor­rect tire pres­sure. Please also note that the cor­rect fuel (1:50 mix­ture) fueled the respect of the reg­is­tra­tion cer­tifi­cate list­ed data (eg num­ber of peo­ple allowed to guide the vehi­cle) note, released before dri­ving the hand brake as well as ensur­ing the safe­ty of the vehi­cle against theft and bur­glary is.

Third It may by the ten­ant no mark­ings, labels, or the like from the vehi­cle to be removed or installed.

§ 5 Tech­ni­cal dam­ages

If the rental vehi­cle mal­func­tions or oth­er tech­ni­cal prob­lems to have to inform ten­ants of the land­lord imme­di­ate­ly. The elim­i­na­tion of the dam­age may be done only with express per­mis­sion grant­ed by the land­lord.

§ 6 dam­age caused by acci­dent

First In an acci­dent, theft, fire, dam­age caused by wildlife or oth­er dam­age to the tenant’s duty:

a) imme­di­ate­ly noti­fy the police to call in and the dam­age to the land­lord with­out delay. This also applies to minor dam­age and self-inflict­ed acci­dents with­out the involve­ment of third par­ties. If the police refuse to record the acci­dent, the ten­ant is oblig­ed to prove to the land­lord.

b) Names and address­es of all per­sons involved, iden­ti­fi­ca­tion of the vehi­cles involved and the insur­ance com­pa­nies involved, and the names and address­es of all wit­ness­es to be record­ed

Sec­ond The ten­ant is oblig­at­ed to noti­fy the land­lord imme­di­ate­ly by tele­phone from an acci­dent or oth­er inci­dent.

Third Brake, oper­a­tion, and pure break­age are not acci­dent dam­age.

§ 7 Unlim­it­ed lia­bil­i­ty of the ten­ant to trans­fer to an unau­tho­rized dri­ver

If the ten­ant on the rental car to anoth­er, unnamed third per­son so liable to the ten­ant and the third in the event of dam­age to the vehi­cle and sev­er­al­ly liable with­out lim­i­ta­tion.

§ 8 Lia­bil­i­ty of the renter and autho­rized dri­ver

First The ten­ant or the ten­ant and the dri­ver liable for dam­age or mal­func­tion and sev­er­al­ly liable.

Sec­ond The lia­bil­i­ty is accept­ed for dam­ages result­ing from acci­dents of the lessor by pay­ing a sep­a­rate charge = con­trac­tu­al indem­ni­ty.

In this case, the lessee is liable for dam­ages, oth­er than the agreed deductible amount of 300,00 €, only if:

a) he trans­fers the dam­age to pre­vent him from his oblig­a­tion, not on time or in full to the land­lord.

b) he has caused the dam­age by intent or gross neg­li­gence.

c) the vehi­cle at the slight­est influ­ence of alco­hol or under the influ­ence of oth­er lim­it­ing resources is the abil­i­ty to dri­ve out.

e) if the vehi­cle has been used for some ille­gal or sport­ing com­pe­ti­tions.

Sec­ond The renter is ful­ly liable for traf­fic offens­es and the land­lord is exempt from all costs, fees, etc..

Third These reg­u­la­tions apply in addi­tion to the ten­ant for the autho­rized dri­ver, with the con­trac­tu­al indem­ni­fi­ca­tion clause does not apply to unau­tho­rized users of the vehi­cles.

§ 9 of the extent of com­pen­sa­tion payable

First In the case of lia­bil­i­ty and ten­ants have autho­rized dri­ver to replace the fol­low­ing dam­ages joint­ly and sev­er­al­ly:

a) repair costs, which are cho­sen by the land­lord bind­ing on both par­ties, either by a deter­mined by the land­lord for the ten­ant to cre­ate expert opin­ion or be ver­i­fied by billing by the land­lord.

b) the full rental income dur­ing the repair peri­od and the lead time in total dam­age amount­ing to 60% of the dai­ly rates of the cur­rent price list. Both par­ties remain demon­strat­ing the spe­cif­ic re-let­ting poten­tial and thus the evi­dence of high­er or low­er dam­age

c) Cost of Fahrbere­it­machung, res­cue and repa­tri­a­tion

d) assess­ment costs

e) Tech­ni­cal and mer­can­tile impair­ment

Sec­ond In addi­tion, the statu­to­ry pro­vi­sions.

§ 10 Lia­bil­i­ty of land­lord

Dam­age claims by the ten­ant to the land­lord under the lease, unless the claim is for dam­age to life, limb, health or any mate­r­i­al con­trac­tu­al oblig­a­tion to the con­tent are exclud­ed, unless the dam­age is caused by a gross­ly neg­li­gent breach of the land­lord. This rule also applies to dam­ages result­ing from breach of duties dur­ing con­tract nego­ti­a­tions.

§ 11 Gen­er­al pro­vi­sions

First In dis­putes over the inter­pre­ta­tion of the lease, the Ger­man text shall pre­vail and Ger­man law.

Sec­ond The set-off against claims of the lessor is pos­si­ble only with undis­put­ed or legal­ly bind­ing claims of the lessee or the autho­rized dri­ver.

Third All rights and oblig­a­tions under this Agree­ment are for the ben­e­fit and at the expense of the autho­rized dri­ver.

4th Unless and until this agree­ment is not reg­u­lat­ed, the pro­vi­sions of the Insur­ance Con­tract Act (ICA) and the pro­vi­sions of the Gen­er­al Con­di­tions for Motor Vehi­cle Insur­ance (AKB 95) shall apply mutatis mutan­dis. This also applies to uncer­tain­ties aris­ing from this agree­ment.

§ 12 Final pro­vi­sions

Addi­tions or amend­ments to the con­tract shall be legal­ly valid in writ­ten form. The same applies to the writ­ing require­ment. Agree­ments do not exist. The inef­fec­tive­ness of indi­vid­ual pro­vi­sions shall not affect the valid­i­ty of the remain­ing pro­vi­sions of this con­tract. The Par­ties com­mit them­selves to replace inef­fec­tive reg­u­la­tions with those etwaig or to make spe­cial arrange­ments for this pur­pose, which cor­re­spond to the mean­ing and pur­pose of the con­tract legal­ly and eco­nom­i­cal­ly.