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.