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GTC

Sportwagen Genßler GmbH

General Rental Terms and Conditions for the rental of passenger cars and sports cars.

Status: 03/2025

1. subject matter of the contract

  1. The rental agreement is concluded between Sportwagen Genßler GmbH (hereinafter referred to as the Lessor) and the Lessee named in the rental agreement. The rental agreement in question is based on the following terms and conditions in the sense of general terms and conditions.
  2. The object of the business relationship is the provision of vehicles for use against payment and the provision of all related additional services by the Rental Firm to the Hirer. This includes the provision of the rental vehicle in roadworthy condition, including the legally prescribed safety equipment, the registration of the rental vehicle, the payment of agreed insurance premiums (liability and fully comprehensive insurance with excess as per individual agreement), vehicle tax and radio fees, claims management, the performance of necessary maintenance work and wear and tear repairs, the performance of necessary inspections of the rental vehicle, the inclusive mileage selected in the offer and the year-round use of all-weather tires as well as the wear-related tire change or, at the discretion of the Rental Firm, the twice-yearly tire change between summer and winter tires.
  3. These rental conditions apply between the lessor and the lessee, unless special individual agreements have been made. Deviating or supplementary terms and conditions of the Lessee shall not become part of the contract unless the Lessor objects to them separately. Insofar as no provision is made in these rental conditions, the general terms and conditions of the lessee shall not apply, but rather the statutory provisions.

2. Rental price

  1. The rental price is based on the current price list plus special charges for any accessories rented.
  2. Special rates are only valid for the period offered. If the rental period is exceeded, the standard rate applies for these additional days.
  3. If the vehicle is not returned to the same rental station at which it was rented, the Hirer is obliged to reimburse the Rental Firm for the entire cost of returning the vehicle, unless otherwise agreed.
  4. The rental price is made up of a basic rental price and special services. Special services include, in particular, costs for fuel, charging costs for electric vehicles, accessories/extras such as child seats, additional mileage, vehicle collection, etc.
  5. The permitted kilometers are agreed in the rental contract. They depend on the selected tariff and are included in the rental price.

3. Terms of payment and deposit

  1. The rental price (plus any other agreed fees) plus statutory VAT is due at the beginning of the rental period, in the case of online bookings at the time of booking. If the rental period exceeds a period of 30 days, the rent shall be paid in 30-day periods and at the beginning of each period. Different payment dates may be agreed with business customers.
  2. If the rental price is credited on the basis of a contractual agreement, it is due for payment 10 calendar days after receipt of the respective invoice. A fee of € 5.00 shall be charged for each reminder after default has occurred. The costs for the reminder shall be set higher or lower if the landlord proves higher costs or the tenant proves that the costs are lower or that no costs have been incurred.
  3. If legal costs become necessary in the event of default by the tenant, the tenant shall bear the costs incurred as a result.
  4. If the renter exceeds the range of included kilometers, the additional payment per additional kilometer depends on the respective vehicle type. The amount of the additional payment to be made by the renter can be found in the order overview. The additional payment will be invoiced separately after the return of the rental vehicle.
  5. Unless otherwise specified during the ordering process, the Lessee must make fees and other payments by SEPA direct debit as part of the long-term rental. For this purpose, the Lessee must set up a SEPA direct debit mandate in favor of the Lessor (SEPA Core Direct Debit Mandate for private customers and SEPA Business Direct Debit Mandate for business customers). The Lessee authorizes the Lessor to use the SEPA direct debit mandate for all fees, deposit payments, charges and other payments (e.g. fines) incurred in the course of the business relationship between the Lessor and the Lessee during the long-term rental period. In the event of a returned direct debit for which the Tenant is responsible, the Tenant shall make a lump-sum payment of EUR 20 to the Landlord. The tenant reserves the right to prove that no or lower costs were incurred.
  6. A deposit of the agreed amount must be paid at the time of booking. The deposit serves as security for all claims against the Hirer to which the Rental Firm is entitled under the business relationship. A credit or debit card must be presented on collection, which must be covered by the agreed deposit amount. The renter must also be the cardholder. We work with the payment provider CCV Payments. The general terms and conditions of CCV GmbH apply. In addition, the Merchant Terms and Conditions – Conditions for Participation in the Electronic Cash System of the German Banking Industry (https://www.ccv.eu/de/agb/) apply.

    The landlord is not obliged to invest the security separately from his account. No interest shall be paid on the security deposit. The security deposit will be refunded within 10 working days after the vehicle has been returned in proper condition, provided that no additional costs have been incurred by the Hirer. The Rental Firm may also assert its claim to the provision of a security deposit some time after the start of the rental relationship.

  7. There is no right of revocation for bookings that are concluded exclusively using remote means of communication (e.g. via a homepage, e-mail, telephone, etc.) or outside of business premises.
  8. When using PayPal as a means of payment for an online booking, the customer will be redirected to the website of PayPal S.à r.l. et Cie, S.C.A., a company in the form of a partnership limited by shares (société en commandite par actions), with its registered office at 22-24 Boulevard Royal, L-2449, Luxembourg and with registration number B118349 (“PayPal”). On the PayPal website, the customer can log in with his PayPal access data and make the payment. The use of PayPal and the PayPal website is subject to the applicable PayPal terms and conditions. After completing the payment, the customer is redirected back to the Sportwagen Gensser website and can confirm the booking.

4.0 Tenant

  1. Tenants can be private and business customers with a place of residence or business in Germany. Additional agreements are possible in individual cases.
  2. The landlord reserves the right to make the conclusion of the contract with the tenant dependent on the result of an external credit check.
  3. The Rental Firm may demand, to the extent permitted by data protection law, that the Hirer identifies himself and the named drivers of the rental vehicle using an identification procedure selected by the Rental Firm and provides proof of the required driving license before the rental vehicle is handed over and, if necessary, after the rental vehicle has been handed over.

5. Authorization to drive the rental vehicle

  1. Only persons who are expressly named in the order overview, either as renter or as authorized driver, and who are authorized to drive the rental vehicle are entitled to drive the rental vehicle.
  2. are at least 23 years old, whereby additional age restrictions may apply for the selected rental vehicle;
  3. are at least 25 years old if they drive vehicles of the following models: Mercedes-AMG, BMW M, Audi S/RS and ABT as well as vehicles of the brands Ferrari, Lamborghini, Aston Martin, Porsche, McLaren and Vanderhall;
  4. have been in possession of a driving license valid in the territory of the Federal Republic of Germany for at least 3 years without interruption, which entitles them to drive the selected rental vehicle.
  5. If an authorized person’s driving license is revoked or lost, the person’s right to drive the rental vehicle immediately expires for the duration of the loss or revocation. This also applies to a driving ban. The Hirer must notify the Rental Firm immediately of the withdrawal or restriction of the driving license, any driving bans that become effective or any temporary seizure or confiscation of the driving license with regard to all authorized persons.
  6. The Hirer must ensure that the requirements specified in Section 5.1. are also met by authorized third parties and that the rental vehicle is only driven by persons who are authorized to do so.The Hirer shall be responsible for the fault of other authorized persons or authorized third parties when driving the rental vehicle as if it were his own fault.

6. Provision and takeover of the rental vehicle

The Rental Firm undertakes to make the vehicle available at the agreed time and place.

  1. The renter undertakes to take delivery of the vehicle at the agreed time.
  2. When the rental vehicle is handed over, the Hirer receives the vehicle key and the necessary associated documents (copy of the vehicle registration certificate, service booklet) in addition to the rental vehicle. An inventory of the rented vehicle is carried out together with the Hirer and a handover report is drawn up. The Hirer is obliged to notify the Rental Firm immediately of any complaints about the vehicle.
  3. The handover of the rental vehicle requires that the renter or the authorized person proves his valid national or international driving license, which entitles him to drive the selected rental vehicle, by presenting his original driving license and his identity by presenting his original identity card or passport. For rentals in Mallorca, the statutory provisions of Spanish law apply. For renters from the EU, Switzerland or England, the respective national driving license is sufficient.
  4. The Rental Firm reserves the right to make the handover of the rental vehicle dependent on the payment of the agreed deposit and the first month’s rent.
  5. The agreed rental period begins when the rental vehicle is handed over to the Hirer.
  6. If the renter does not pick up the vehicle at the latest one hour after the agreed time, the reservation is no longer binding. Cancellations must be made 24 hours before the start of the rental period. If this is not done, the renter must pay the basic daily price, unless the vehicle could be rented to another party. The amount of damage shall be set higher or lower if the Rental Firm can prove that less or no damage was incurred.

7. Ownership, owner of the rental property and registration

  1. The rental vehicles are subject to different ownership structures and are provided by different partner companies. Sportwagen Genßler GmbH is the owner of some of the rental vehicles. For vehicles provided by partner companies, the respective owner can be found on the registration.
  2. The Hirer may not dispose of the vehicle, and in particular may not sell, pledge, give away or assign it as security. Subletting the vehicle is not permitted.
  3. The Hirer must keep the vehicle free from third-party rights. The Hirer must inform the Rental Firm immediately of any third-party claims to the vehicle, theft, damage or loss.
  4. Subsequent modifications, additional attachments, installations and superstructures as well as paintwork and lettering or changes to the vehicle are not permitted.

8. Use of the rental vehicle

  1. The Hirer and the persons authorized to drive the rental vehicle may only drive and use the rental vehicle in accordance with the statutory regulations and with due care and diligence. The rental vehicle may only be used on public roads in accordance with the contract, but not for driving school exercises. The vehicle may not be used
    • for motor sport purposes, participation in car races, in particular driving events where the aim is to achieve a maximum speed or for the associated transfer drives,
    • for vehicle tests or driver safety training,
    • for the commercial transportation of passengers or for subletting,
    • for the commission of criminal offenses,
    • for the transportation of highly flammable, toxic or otherwise hazardous substances.
  1. The rental vehicle must not be driven with an insufficient engine oil level, cooling water level or tire pressure.
  2. Smoking in the rental vehicle is prohibited. The rental vehicle may not be driven if the driver is unable to drive the vehicle safely due to alcoholic beverages or other intoxicating substances, including the use of cannabis.
  3. Seat belts must be worn by all passengers. Children under the age of 12 who are shorter than 135 cm must be transported in a child seat that is appropriate for their height. Children under the age of 12 may not sit in the front seat.
  4. In the case of daily, weekend or long-term rentals and special rental campaigns, consent is limited to journeys and stays within the following countries: Germany, Austria, Switzerland, Italy, Spain, Portugal, France, Croatia, Belgium, Denmark, Norway, Sweden, Finland, Liechtenstein, Luxembourg. Use in other countries is only permitted with the express written consent of the Rental Firm; consent may be subject to conditions such as, in particular, the conclusion of additional insurance policies.
  5. The renter must ensure and is responsible for ensuring that all necessary documents and the required safety accessories are carried on every journey with the rental vehicle.
  6. The rental vehicle may only be driven with tires suitable for the weather conditions.
  7. If the vehicle was handed over to the Hirer with summer or winter tires and a change from summer to winter tires or vice versa is necessary due to an expected change in the weather, the Hirer must inform the Rental Firm of this at least one week before the desired tire change. The Rental Firm shall change the tires or have them changed in consultation with the Hirer.
  8. If the vehicle was provided to the Hirer with all-weather tires, it is at the Hirer’s discretion whether it is safe to drive the vehicle under the given weather conditions. The Hirer is permitted to have winter or summer tires fitted at his own expense. When the vehicle is returned, the tires fitted at the time of handover to the Hirer must be fitted to the vehicle or additional tires must be included.
  9. Subject to the tire change in accordance with the above section. 8.7.2. no modifications of a technical, optical or other nature may be made to the rental vehicle.
  10. The Hirer shall ensure and assume liability that all drivers of the rental vehicle comply with the obligations set out in this Section 8.

9. Obligations of the tenant

  1. The supply of operating fluids of any kind (e.g. engine oil, windshield washer fluid, AdBlue, fuel), the payment of tolls and the payment of costs for administrative offenses committed with the rental vehicle are not part of the provision and are not included in this scope of services. The costs for this shall be borne by the renter. The Hirer undertakes to check the required operating fluids and tire pressure at regular intervals and to correct them at his own expense in accordance with the operating instructions for the respective vehicle. In the event of incorrect operation of the rental vehicle by the Hirer, which results in additional costs for repair and/or maintenance, a reduction in the value of the vehicle or restrictions or failures of the manufacturer’s and/or dealer’s warranty, the Hirer shall be liable to the Rental Firm.
  2. The Hirer undertakes to treat the vehicle with care, to clean the interior regularly, to check regularly that the vehicle is in a roadworthy condition and to lock the vehicle properly. The Hirer is not permitted to smoke or transport animals in the vehicle. Costs for necessary interior cleaning in the event of gross soiling of the interior or violation of the smoking ban will be charged to the Hirer.
  3. The Hirer shall ensure that the vehicle is handled in accordance with the manufacturer’s operating instructions. It must be treated with care and protected from damage within the scope of the contractual purpose of use. The Hirer shall ensure that the vehicle is only used in a roadworthy and operationally safe condition.
  4. Damage caused by force or accident must be reported to the Rental Firm immediately; the Hirer is also obliged to send the Rental Firm a copy of the damage report without delay. Depending on the circumstances and the extent of the damage, the Rental Firm shall decide on further processing, in particular whether to carry out repairs.
  5. If a repair is necessary during the rental period to maintain the operation or road safety of the vehicle, the Hirer may only visit valid authorized workshops. An order will only be placed in agreement with the Rental Firm.

10. Charging electric and hybrid vehicles

  1. If the charging capacity drops to less than 30% of the total capacity during the rental period, the renter can or should charge the vehicle.
  2. The lessee may use all charging points compatible with the vehicle type for the duration of use of the vehicle.
  3. The charging cable and charging card in the vehicle can be used to charge the vehicle during the rental period. Conditions and invoicing must be requested from the rental company before the start of the rental period.
  4. A charging fee of €50.00 is charged for the return of fully electric vehicles.

11. return of the rental vehicle

  1. If the date and/or place of return are not specified in the booking agreement, the Hirer shall agree with the Rental Firm or a third party appointed by the Rental Firm on a date and place within the Rental Firm’s opening hours for the return of the rental vehicle before the end of the rental period.
  2. Unless otherwise agreed in the booking agreement, the Hirer must return the vehicle to the agreed return location on the agreed date at his own expense.
  3. At the end of the rental agreement, the vehicle must be returned by the Hirer to the contractually agreed return location without delay and at the Hirer’s expense and risk, in particular with the keys and all documents provided, e.g. vehicle registration certificate, maintenance booklet, ID cards. If parts or accessories are not returned for reasons for which the Hirer is responsible, the Hirer must reimburse the costs of procuring replacements and any further damage resulting from this. If the Tenant loses the keys, the Tenant shall be responsible for replacing the locking system.
  4. The tenant is responsible for all obligations arising from the rental agreement until the time of return.
  5. When the vehicle is returned after completion in accordance with the contract, a joint report on the condition of the vehicle is drawn up and signed by both contracting parties or their authorized representatives.
  6. If the Hirer fails to return the rental vehicle to the agreed return location on time, the Rental Firm shall charge the Hirer 1/30 of the agreed monthly fee for each day up to and including the actual return, as well as any costs incurred as a result of the late return. This shall not apply if the Hirer is not responsible for the late return.
  7. If the vehicle is secured by the Rental Firm, all costs incurred as a result, including road tolls, shall be borne by the Hirer.
  8. If the vehicle is seized by the authorities, all costs and any downtime costs incurred by the Rental Firm will be passed on to the Hirer.

12. Defects and damage upon return of the rental vehicle

  1. The renter is responsible for ensuring that the rented vehicle is in perfect, complete condition (this includes completeness of the accessories as at the time of handover, completeness of the documents, number of keys), cleaned inside and out and in accordance with the contractual mileage when it is returned.
  2. If the vehicle is in an inadequate condition (e.g. not cleaned inside and out) when it is returned, the resulting costs for the additional work shall be borne by the Hirer.
  3. Unless otherwise agreed in the rental contract, the vehicle will be handed over to the Hirer with a full tank of fuel and the Hirer must return the vehicle at the end of the rental period with a completely full tank of fuel. The corresponding fuel receipt must be presented upon return. If the vehicle is not returned with a full tank of fuel, the expense allowance is € 3.00 per liter including statutory VAT. The expense allowance shall be set higher or lower if the Rental Firm proves that the expense was higher or the Hirer proves that the expense was lower or that no expense was incurred at all.
  4. The vehicle will be taken back by a competent employee of the Rental Firm or a competent third party appointed by the Rental Firm. Any damage or reduced value that exceeds the usual signs of use and wear and tear will be recorded by an independent expert in a condition report. The Hirer is obliged to compensate for the resulting reduced value and any damage incurred.
  5. Any costs incurred in the event of loss of or damage to rented accessories shall be charged to the hirer in the amount of the new price or to compensate for the resulting reduction in value in the event of damage.

13. Vehicle exchange

  1. The Rental Firm has the right to exchange the vehicle provided for a vehicle of equal or higher value, e.g. if the Rental Firm has to return the vehicle to the manufacturer/dealer or if the vehicle is sold (“exchange”). The Rental Firm shall inform the Hirer of the planned exchange at least two weeks in advance; the parties shall then agree the date and location for the exchange. The Rental Firm shall offer the Hirer a choice of several replacement vehicles of equal or higher value, taking into account in particular the performance and equipment features of the vehicle originally provided.
  2. The tenant will not incur any additional costs as a result of the replacement.‍
  3. If the Rental Firm is unable to offer the Hirer a vehicle of equal or higher value and the Rental Firm and the Hirer do not agree on an alternative vehicle, both parties may terminate the contract with 30 days’ notice. The termination must be in writing.

14. Warranty and repairs

  1. Subject to clause 15, the Rental Firm shall not be liable for material defects or defects of title in the rented vehicle or other items provided.
  2. Necessary servicing and maintenance work as well as repairs following warranty or accident damage to the rental vehicle shall be carried out exclusively by the Rental Firm or a specialist company commissioned by the Rental Firm.

    In the event of maintenance and repair work (e.g. service, general inspection), tire changes or warranty damage, the Lessor shall name a specialist company in the Lessee’s vicinity and shall provide the necessary documents so that the specialist company can carry out the necessary work after making an appointment with the Lessee. The Hirer is obliged to provide reasonable cooperation and support so that the necessary work can be carried out immediately. The Hirer is not entitled to replacement mobility from the Rental Firm in the event of the aforementioned maintenance and servicing work or warranty claims. In the event of warranty claims, it is the responsibility of the manufacturer’s workshop to offer the Hirer a replacement vehicle, subject to availability. Accident damage is also carried out exclusively by the Rental Firm or a specialist company commissioned by the Rental Firm. In this case, the Rental Firm or an authorized service provider shall ensure the mobility of the Hirer by providing a replacement vehicle. The Hirer acknowledges and accepts that the replacement vehicle may belong to a lower vehicle class. After completion of the work, the rental vehicle will be made available to the Hirer again in exchange for the replacement vehicle. If the Hirer makes use of the replacement mobility of a garage or another third party, the use of the replacement vehicle is subject to their conditions. In this case, the Hirer may be asked to agree to the workshop’s general terms and conditions, a usage agreement or a handover protocol.
  1. The costs of necessary maintenance work, wear and tear repairs and repairs that are attributable to a material defect for which the Rental Firm is responsible shall be borne by the Rental Firm. The Hirer shall bear the necessary costs for repairs (including costs for the provision of a replacement vehicle) that are not attributable to wear and tear or a material defect for which the Rental Firm is responsible. The Hirer may claim the insurance cover to which he is entitled under clause 17 after paying the agreed excess.

15. Liability of the landlord

  1. The lessor shall only be liable, including for representatives and vicarious agents, in the event of intent and gross negligence. Otherwise, the lessor shall only be liable for injury to life, limb or health or culpable breach of material contractual obligations. Claims for damages due to breach of material contractual obligations are limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment is necessary for the achievement of the contractual objective or which make the execution of the contract possible in the first place.
  2. In the event of temporary impediments to performance for which the Lessor is not responsible (“force majeure”, in particular war and warlike conditions, sabotage, late delivery to the Lessor), the Lessor shall be released from the obligation to perform for the duration of the impediment. In such cases, the tenant’s obligation to provide the consideration shall also lapse. If the landlord is unable to provide the service within six weeks, the tenant is entitled to withdraw from the contract. Further legal claims of the tenant remain unaffected.

16. Liability of the tenant

  1. The renter is liable for vehicle damage, vehicle loss and breaches of the rental contract in accordance with the general statutory provisions.
  2. The tenant is not responsible for normal wear and tear.
  3. The Hirer shall be liable without limitation for violations of traffic and regulatory regulations and other statutory provisions. The Hirer shall indemnify the Rental Firm against all fines and warnings, fees and other costs levied by the authorities or other bodies as a result of such violations. In the event of a traffic violation or a criminal offense, the Lessor shall transmit the Lessee’s data to the competent authorities or an injured party, insofar as this is permitted by law. To compensate for the processing costs of inquiries made to the Rental Firm by prosecuting authorities or other third parties for the investigation of administrative offenses, criminal offenses or disturbances committed with the rental vehicle during the rental period, the Hirer shall pay the Rental Firm a lump sum of € 20.00 incl. VAT per case. The tenant is at liberty to prove that the landlord has actually incurred lower expenses. The landlord is not obliged to lodge an appeal against such notices.
  4. When using toll roads, the Hirer shall ensure that the toll charge is paid in full and on time. The Hirer shall indemnify the Rental Firm against all toll charges incurred by him or third parties to whom he leaves the vehicle.
  5. The Hirer shall ensure and be liable for ensuring that third parties to whom it makes the rental vehicle available only use it in accordance with and in compliance with the regulations, obligations and restrictions set out in these Rental Terms and Conditions.
  6. The Hirer shall be liable to the Rental Firm for any damage caused by the Hirer or the driver of the vehicle. In comprehensive cases, the Rental Firm shall settle the claim directly with the insurer, unless the damage is covered by the excess agreed in the insurance contract, which may be higher. This shall not affect any claims made against the Hirer by the Rental Firm or its own damage insurer. Cases in which the insurer must settle the claim but may take recourse against the renter or his driver on the basis of statutory provisions shall not affect the lessor. The aforementioned statutory provisions shall also apply to any claims asserted against the Hirer by the Rental Firm.

17. Insurance

The exact scope of the insurance cover for the tenant depends on the individual agreement between the parties.

  1. The vehicle is registered to the respective owner. The owner has taken out third-party liability and fully comprehensive insurance for the vehicle, including for the period during which it is provided to the renter. The amount of the excess depends on the vehicle and varies.
  2. The insurance cover for the vehicle extends to third-party liability and fully comprehensive insurance. The legally prescribed minimum cover applies: Depending on the policy, the minimum cover for personal injury is at least 7.5 million euros.
  3. Any insurance cover agreed under the rental contract shall lapse in particular if damage is caused intentionally, if the terms of use listed under point 8 are violated, if an unauthorized driver uses the vehicle, if the driver of the vehicle does not have the prescribed driving license at the time of the insured event or if the vehicle is used for the transport of hazardous substances requiring a permit in accordance with § 7 GefahrgutVStr.

18.Claims settlement

  1. In the event of an accident, theft, fire, collision with wild animals or other damage to the rental vehicle, the Hirer and, if the vehicle was not driven by him, the driver of the vehicle are obliged to report the damage to the Rental Firm immediately. The Rental Firm provides a damage hotline for this purpose, which is staffed around the clock.
  2. The renter and, if the rental vehicle was not driven by him, the driver of the rental vehicle are obliged to inform the police immediately in the event of damage.
  3. In the event of damage, the renter and, if the rented vehicle was not driven by him, the driver of the rented vehicle must do everything reasonable to clarify the claim and the extent of the insurance obligation and, if possible, ensure that the damage is averted and minimized. This includes the following obligations in particular:
  4. The driver of the rental vehicle may not leave the scene of the accident without making the legally required findings and/or observing the legally required waiting time.
  5. The renter and the driver of the rental vehicle may not make any admission of guilt.
  6. The Hirer and the driver of the rental vehicle must answer any questions from the Rental Firm about the circumstances of the claim and the extent of the damage truthfully and completely.
  7. The Hirer and the driver of the rental vehicle must provide the Rental Firm with all requested evidence, insofar as it is reasonable to obtain the evidence.
  8. The Hirer and the driver of the rental vehicle must follow the instructions of the Rental Firm required for the clarification and/or reduction of the damage, insofar as these are reasonable.
  9. The Hirer and the driver of the rental vehicle must enable the Rental Firm and service providers commissioned by the Rental Firm as well as the respective third-party liability or fully comprehensive insurance (cf. Section 17) to investigate the circumstances of the claim, insofar as this is reasonable.
  10. If the Hirer or driver of the rented vehicle intentionally breaches one of the obligations set out in Sections 18.1 to 18.3, the Hirer or driver of the rented vehicle shall have no insurance cover in accordance with the principles of the insurance conditions. If the Hirer or driver of the rental vehicle breaches the aforementioned obligations through gross negligence, the Rental Firm shall be entitled to reduce the benefits in accordance with the principles of the insurance conditions in proportion to the severity of the fault. However, if the renter or driver of the rental vehicle proves that he did not breach the obligation through gross negligence, the insurance cover shall remain in force.
  11. Notwithstanding clause 18.4, the insurance cover shall remain in force if the renter or driver of the rental vehicle proves that the breach of duty was not the cause of either the determination of the insured event or the determination or scope of the obligation to pay benefits. This shall not apply if the renter or driver of the rental vehicle has fraudulently breached the obligation.
  12. Damage caused to the rental vehicle as a result of a claim shall be repaired by the Rental Firm or an authorized specialist company in accordance with Section 14.2. The insurance cover shall be handled exclusively by the Rental Firm.

19. Offsetting, right of retention, transfer

  1. The offsetting or assertion of a right of retention against claims of the landlord is only possible with undisputed or legally established claims of the tenant, insofar as these are not mutually dependent claims.
  2. The Lessor is entitled to commission third parties to provide individual or all services under this contract.
  3. The Landlord is entitled to assign its payment claims and other claims against the Tenant individually or in their entirety to a third party (e.g. a financing partner) and to provide the third party with the documents and information required to assert the assigned claims. If payment claims against the Tenant are assigned to a third party, the Landlord may require the Tenant to make payments in respect thereof exclusively to the third party and to issue the third party with a SEPA direct debit mandate to collect the payments. Clause 3.5 shall apply accordingly.

20. Ancillary obligations

  1. If the Rental Firm has concrete evidence of improper use of the rented vehicle, in particular damage, the Hirer must allow the Rental Firm to inspect the rented vehicle during normal business hours upon request. For this purpose, the Rental Firm shall provide the location of the rented vehicle on request.
  2. If the Rental Firm has concrete indications that the vehicle is being used by unauthorized persons contrary to the provisions of Section 5 of this contract or if this is necessary to clarify traffic violations, in particular violations within the meaning of Section 16.3 of this contract, the Hirer must provide the Rental Firm with information on request as to who was driving the rental vehicle and at what time.
  3. The tenant must notify the landlord immediately of any change in his data (name or company name, address, bank details), a significant deterioration in his income situation or similar changes in his personal circumstances that are likely to seriously jeopardize the tenant’s performance of his obligations.
  4. If there is a threat of foreclosure on the vehicle or if foreclosure takes place, the Hirer must notify the Rental Firm immediately.

21. Rental period, termination, notice of termination

  1. The contract term is specified on the order form and is agreed as a fixed rental period. The rental contract therefore ends automatically at the end of the agreed term.
  2. The rental agreement can therefore not be terminated with due notice.
  3. The parties are entitled to extraordinary termination without notice for good cause in text form. Good cause entitling the landlord to extraordinary termination without notice exists in particular if
  4. the tenant made incorrect statements or concealed facts in a material respect when concluding the contract and the landlord cannot reasonably be expected to continue the contract as a result;
  5. if the Lessor is not supplied or not supplied on time by the supplier of the rental vehicle; this shall not apply if the Lessor is responsible for the non-delivery or late delivery or has assumed the procurement risk;
  6. the tenant’s financial circumstances deteriorate or threaten to deteriorate to such an extent that a contract would not have been concluded;
  7. the tenant is in arrears with the payment of the monthly fee or a not insignificant part of the monthly fee for two consecutive dates;
  8. the tenant is in arrears with the payment of the monthly fee amounting to one month’s rent for a period of more than one month
  9. the renter or the person authorized to drive the vehicle significantly endangers the rental vehicle by neglecting the care incumbent upon him or leaves it to a third party without authorization;
  10. the lessee fails to pay the deductible payable after the occurrence of an insured event to settle the claim within a reasonable period after two written reminders; or
  11. the Lessor cannot reasonably be expected to continue due to the damage for which the Lessee is responsible; this applies in particular to cumulative damage in the amount of EUR 5,000.00.
  12. The right of possession of the Hirer and all drivers authorized to use the vehicle shall expire with effect from the termination. The Hirer then owes the immediate return of the rental vehicle and all other documents and objects provided in accordance with the provisions of Section 11. If the extraordinary termination is due to circumstances for which the Hirer is responsible, the Hirer shall bear the costs of the return.

    After the unsuccessful expiry of a reasonable return period, the Rental Firm shall be entitled to take possession of the vehicle at the Hirer’s expense and to procure a replacement for the associated keys and documents at the Hirer’s expense, unless the Hirer is not responsible for the delayed return. The Rental Firm shall also be entitled to rental interest until the vehicle is returned and to compensation for damages. As compensation for damages, the Rental Firm shall charge the Hirer for the specific loss due to non-performance. The costs saved by the Rental Firm shall be taken into account.
  13. The tacit extension of a terminated provision is excluded; Section 545 BGB is waived.

22. Processing of your personal data

  1. The Rental Firm processes the personal data of the Hirer, the persons authorized to drive the rental vehicle and other persons in accordance with its privacy policy.
  2. The Lessee is obliged and shall ensure that the persons authorized to drive the rental vehicle are made aware of the Lessor’s data protection declaration and can take note of its contents.‍
  3. The personal data of the renter and/or the driver will be collected, processed and used for the purpose of processing the contract, for the purpose of debt collection, claims settlement and for the purposes of Section 18 of these Rental Terms and Conditions.

23 Right of withdrawal and cancellation

In principle, there is no statutory right of withdrawal pursuant to Section 312g (2) No. 9 BGB.

24. lost property

  1. The Rental Firm accepts no liability for items left in the rented vehicle by the Hirer; this does not apply in the event of intent or gross negligence on the part of the Rental Firm or its representatives and vicarious agents.
  2. If items are found in the rental vehicle after it has been returned, the Rental Firm shall notify the Hirer using the contact details provided by the Hirer. Items containing personal or financial data will be destroyed after 28 days. Other items will be disposed of after 6 months.

25. Miscellaneous

  1. The Landlord is entitled to amend or adapt these General Rental Terms and Conditions during the term of the rental agreement with effect for the future, taking into account the interests of the Tenant. The Landlord shall send the Tenant the amended Tenancy Terms and Conditions in text form prior to the planned entry into force and shall draw particular attention to the new provisions and the date on which they enter into force. At the same time, the Landlord shall grant the Tenant a reasonable period of at least six weeks to declare whether it accepts the amended terms of use for the further use of the services. If no objection is made by the tenant within this period, which shall commence upon receipt of the notification in text form, the amended terms and conditions shall be deemed to have been agreed. The landlord shall inform the tenant separately of this legal consequence, i.e. the right of objection, the objection period and the significance of silence, at the beginning of the period. This amendment mechanism does not apply to amendments to the main contractual obligations of the parties.
  2. Other amendments, supplements and ancillary agreements to these rental conditions must be made in writing in order to be valid. Any agreement amending or revoking this written form requirement must also be made in writing.

26. place of jurisdiction

  1. The contractual relationship between the Lessor and the Lessee is subject to the applicable law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes in connection with the contractual relationship or its creation is Munich, provided that the Lessee is a merchant within the meaning of the statutory provisions.
  2. Should one or more provisions of this contract be invalid or void, this shall not affect the validity of the remaining provisions of the contract. The parties undertake to close any loopholes that arise in accordance with the meaning and presumed intention of the contracting parties.

27. notice according to § 36 Consumer Dispute Settlement Act (VSBG)

The seller will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. Due to a legal obligation, we must inform you, irrespective of our participation in a procedure for alternative dispute resolution, that the European Commission has set up a platform for online dispute resolution (OS) for the out-of-court settlement of consumer disputes. You can find the platform at: http://ec.europa.eu/consumers/odr/.

Showroom Markneukirchen
Gewerbepark 59
08258 Markneukirchen

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