The renter assumes full responsibility for the rental vehicle. Subletting or transfer of the vehicle to a third party is not permitted.
The rental vehicle will be handed over with a full tank, it must be returned with a full tank by the renter.
Insurance cover / Renter’s liability:
a) The vehicle is insured for personal liability.
b) In the event of culpable damage of the rental vehicle, the excess for the renter is EUR 850. In addition, the renter has to reimburse towing, recovery and return costs (the latter up to the station where the vehicle was rented) as well as contingency and expert costs.
c) Liability in accordance with clause 3 may be excluded on the acceptance of an additional fee (see following clauses 3d, 3e, 4, 5 and 6).
d) Despite acceptance of an additional fee, the renter must pay in full for any culpably caused damage to the rental vehicle when it is transported on a car trailer, during loading and unloading or due to loads or animals. An exclusion of liability for this is not possible.
e) Liability when driving abroad (see clause 7 overleaf).
a) Deviating from clauses 3 b and c, damage that has been caused intentionally or in a state of unroadworthiness due to the influence of alcohol or narcotics, has to be paid in full by the renter; all exemption from liability / liability restrictions lapse. b) All liability restrictions also lapse despite acceptance of an additional fee, when the renter intentionally makes incomplete statements on how the accident, in which the rental vehicle is involved, occurred, regardless of whether the rental company incurs damage from these statements or not.
Warning! After each occurrence of damage to the rented vehicle – even after a self-inflicted one without the involvement of a third party – or if the vehicle has been stolen, the renter is legally bound to immediately have a police statement made at the site of the accident /theft.
There is no claim for contractual exclusion of liability, if the damage was caused intentionally. If damage was caused due to gross negligence, the rental company retains the right to reduce their service obligation to exemption from liability proportionately to the severity of the negligence. Furthermore, a claim for contractual exclusion of liability is excluded if an obligation to be fulfilled by the renter has been intentionally violated, in particular, in accordance with No. 5 of the terms and conditions. If an obligation to be fulfilled by the renting party is breached in a grossly negligent manner, the rental company is entitled to reduce their service to exemption from liability proportionately to the severity of the negligence.
Deviating from the provisions of the two preceding sentences, the rental company is obliged to a release from liability, provided that the violation of the obligation can neither be attributed to the occurrence of the case of release of liability nor to the determination or the scope of the rental company’s obligation to release from liability; this does not apply when the obligation has been violated maliciously.
The renter is only permitted to drive abroad with the written confirmation of the rental company. On non-compliance the renting party is liable to the rental company in full, without being entitled to avail of the liability restriction in accordance with) despite accepting the additional fee).
Restrictions on use of the rental car: The renter agrees that during the rental period (including any extensions) he/she assumes all responsibility for the rental vehicle, as if he/she were the owner of the designated rental vehicle.
Subletting of the rental vehicle as well as its use for sports or racing events, for the commercial transport of passengers and to tow other vehicles is prohibited and abrogates all liability restrictions.
Termination of the rental contract without notice:
If the renter violates the rental contract, the rental company has the right to terminate the contract without notice and to seize the vehicle at the expense of the renter. The same applies if the unreliability of the renter or the driver is established after the contract has been concluded.
The rental company has the right to terminate the contractual relationship without notice following any culpable damage to the rental vehicle or any culpable accident with the rental vehicle.
Terms of payment:
a) The rental price is calculated for each calendar day started.
b) On provision of the vehicle an advance payment must be paid to the amount of the expected invoice amount plus a deposit to the amount of 200.00 euros.
Presentation of a credit card is mandatory.
The advance payment and the presentation of a credit card do not apply, if the renter rents the vehicle after an accident, for which the insurance company assumes liability. In this case the renter assigns his/her claims from the accident to the rental company as collateral, without the rental company having to regulate the damage with the insurance company.
The assignment is solely to secure the claims from services that the rental company has provided to the renter.
c) Exceeding the agreed rental period is only permitted after written contractual extension or on timely receipt of the written consent from the rental company.
d) The renting company is obliged to pay the costs for the rental car in cash or using a valid credit card or debit card (e.g. Girocard) to the amount of the invoice immediately after returning the vehicle.
e) The renter grants the rental company its permission to debit the amount owed in accordance with the rental contract from the credit or debit card (e.g. Girocard).
f) There is a supplementary fee in line with the currently valid price list for winter tires, trailer coupling, delivery and collection of the rental vehicle, delivery of the repaired customer vehicle and rental outside the normal business hours.
Renter’s maintenance obligations
a) The renting party is solely responsible for the care and maintenance of the vehicle for the duration of the rental period, and is obliged to handle the rented car including fixtures appropriately and carefully.
b) The renter is also obliged to conduct regular checks and if necessary add antifreeze and lubricants as well to conduct regular checks of the stipulated tire pressure.
c) The renter is obliged not to park the rented vehicle at locations where there is a proportionately high risk of theft or damage to the rental car. This applies to parking the rental car for days at a time, without ensuring sufficient surveillance.
d) The renter has to keep the vehicle keys safe, ensuring that they are effectively safeguarded against unauthorized access.
e) The renter is obliged only to use gasoline authorized for the type of rental vehicle. For damages caused to the rental company by misfuelling, the renter must pay in full.
f) The renter is responsible in full for damage caused by incorrect operation of the rental vehicle, for example incorrect gear changes in an automatic vehicle.
g) In the event of non-compliance in the aforementioned cases, the renter cannot invoke the exemption from liability by paying the additional fee.
Malfunctions and breakdowns:
a) The renter is obliged to report all malfunctions or damage of the rental vehicle immediately to the rental company. This has to take place as quickly as possible. Without written authorization from the rental company, the renter is not permitted to conduct repairs on the rental car or to commission a repair order.
b) In the case of tire damage, the spare tire should be fitted and the rental company contacted immediately, to ensure that the defect tire can be repaired or exchanged as a new spare.
c) Invoices for purchases or repairs, for which the rental company has not issued a written authorization, are not reimbursed.
Rental company’s liability:
If the rental vehicle breaks down, the rental company pays the repair or towing costs, provided the company has issued the applicable order or has provided the renter with written authorization to issue an order. Further claims from the renter, in particular, costs for replacement rental, loss of earnings, hotel or guesthouse accommodation or costs due to damage or the loss of loads are excluded.
Renter’s mandatory insurance:
a) The rental company is neither liable to the renter or to third parties for loads nor for items that are in the rental vehicle.
b) The renter is obliged to insure these risks him-/herself.
a) In the case of damage from an accident, all data on the vehicles involved, names and addresses of the drivers, owners, insurance companies and any witnesses to the accident must be determined and noted. The „accident report” form should be used; it can be found in the vehicle documents.
b) The renter may in no way intervene in the settlement of damage claims.
c) In particular, in addition to obtaining a police statement at the accident location, the rental company must be informed immediately and as quickly as possible.
d) A processing fee of 25.00 euros plus the legal VAT is charged for the processing of accident damage.
Return of vehicle:
a) The rental vehicle should generally be returned during opening hours at the rental station where the car was collected.
b) The renting party is liable to the rental company for all damage that is caused to the rental company due to unauthorized exceeding of the contractual duration. Likewise, the renter is liable for all damage that is caused for the rental company should the car documentation and car keys not be returned on time or incompletely. In the case of unauthorized late car returns any concluded liability exclusion becomes invalid at the end of the agreed contractual period.
Traffic violations by the rental party:
The renter is obliged to assume liability for any penalty fee, toll charge and parking fee for the rental vehicle in accordance the valid traffic rules and for the processing fees that the rental company has to pay because of these.
This also applies to towing procedures due to incorrect parking and any ensuing assistance required by the renter.
In the case of infringements and traffic offenses, the renter has to name the respective driver to the regulatory authorities.
If this is not done, he/she liable to the rental company for all damages and costs which are incurred.
The processing fee for all misdemeanors committed with the rental vehicle is 20.00 euros plus the legal VAT.
Other important information:
a) The renter should pay strict attention to the clearance heights, in particular, in the case of bridges and tunnels.
b) The renter should pay attention to the respective garage rules when using a garage, in particular, the approved vehicle height, length, width as well as total weight of the vehicle.
g) In the named cases and on violation the renter cannot invoke liability exemption by accepting the additional fee.
For all disputes arising from or in connection with this contract the place of jurisdiction is agreed as Darmstadt, provided the renter
does not have a general national place of jurisdiction, or following contract conclusion moves the place of residence or usual place of residence abroad, or the place of residence or usual place of residence is unknown at the time legal proceedings start, or he/she is a merchant in the sense of the German commercial code (HGB).
b) In the event of culpable damage of the rental vehicle, the excess for the renting party is 3.000 euros. In addition, the renter shall also reimburse any towing, recovery and returncosts (the latter up to the station where the vehicle was leased), as well as contingency and expert costs.
c) Liability in accordance with 3 b can be reduced to 330.00 euros on acceptance of an additional fee
(see following clauses 3d, 3e, 4, 5 and 6).