General Terms and Conditions.
General rental contract requirements
Allround Autovermietung GmbH
– Status 18.01.2017 –
- Duration of rent
- a) The rent starts and ends in the office of the lessor or at other stations, places or addresses, to be determined by the lessor.
- b) If the lessee does not return the vehicle to the agreed upon place, then she/he has to carry the repatriation fees: 100.00 Euro plus additional 1.00 Euro per driven kilometer. The lessee is permitted to prove a lesser damage.
- c) The rental price is calculated until the vehicle return process is executed by the company Allround Autovermietung GmbH. Return acceptance only takes place during the business hours. Whenever vehicles are deposited outside of business hours at a subsidiary of the Allround Autovermietung GmbH, the lessee is liable for any worsening and every incidental demise of the vehicle, until return acceptance by the Allround Autovermietung GmbH.
At long-term rental (rental period of at least 30 days) is applicable: The lessee is obligated to return the vehicle personally, during business hours, at a subsidiary of the Allround Autovermietung GmbH. The rental condition only ends with the signature of the lessee and lessor on the vehicle return protocol. If the vehicle is returned outside of the business hours, the lessee is liable to the full extent for all damages and deficiencies, which worsen the condition of the vehicle in comparison to the handover protocol.
- d) Before the exceedance of the agreed upon rental period, the agreement of the lessor is to be obtained.
- e) At the belated return of the rental item, the usage compensation is calculated according to the normal price of the lessor, valid at the time of renting. The respective valid normal price is openly displayed for review in the business rooms of the lessor.
- f) After termination of the rental contract, the lessor is entitled to repossess the vehicle at any time. This is also valid for long.-term rental, in the case of the lessee being in default with the agreed upon payment for more than three days or whenever it is obvious that she/he will not be able to meet the obligations of the rental contract anymore.
- g) At non-usage or partial usage of the rental vehicle ordered in a binding manner, the lessee is obligated to pay an amount of 40% of the rent. The payment is applicable at the execution of the rental contract according to the normal tariff, but at least 25.00 Euro as compensation for expenses and as replacement of missed profits. The lessee is not entitled to prove a lesser damage.
- Usage of the vehicle
- a) The vehicle may only be managed by persons that have been entered as lessee in the rental contract or have been named by the lessee in advanced writing and have been acknowledged by the lessor. If the vehicle is steered by multiple persons, an additional fee will be raised for the additional or the additional driver/s. At company rentals, the vehicle is only allowed to be steered by a bus driver employed by the lessee upon his order, which has to be made known to the lessor, holding a valid driver’s license for at least three Additionally, it is valid that trucks with a minimum of 7.49t are only allowed to be steered by drivers that are 25 years old or older.
- b) Lessees and drivers are obligated to observe the legal regulations for the employ of a rental vehicle. At truck rental, the regulations of the Güterkraftverkehrsgesetzes (GüKG, road haulage legislation) are to be observed.
- c) The vehicle may only be used according to the purpose and not for the commercial transportation of persons, for motorsports, for driving school performances or the towing of other vehicles. Easily flammable, poisonous or other dangerous goods may not be transported.
- d) The vehicle may not be driven under the influence of alcohol or drugs.
- e) The vehicle may not be sub-rented or lent out.
- f) Oil, water level and tire pressure are to be checked by the lessee and her/his fulfilment helper at each filling of the gas tank. Before return, the tank of the vehicle is to be fully filled. At non-compliance, a refilling fee of00 Euro plus applicable VAT is raised. The lessee is not entitled to prove a lesser damage.
- g) At possible repairs, the nearest specialized workshop is to be visited. Repair orders may only be issued at non-delayable measures for the restoring of the operational functionality. Before repair orders above 100,000 Euro, the approval of the lessor must be present.
- h) The driver of the rental vehicle must be the holder of a valid driving permit, which must be verified by each driver of the lessee upon request.
- i) The lessee is, for the duration of the rental period, provided with the registration certificate part I (vehicle certificate) as the original. Should the registration certificate part I be missing at the return of the vehicle, then the lessee carries the expenses for the reacquisition. For the reacquisition, 150.00 Euro plus VAT are calculated. The lessee is not entitled to prove a lesser damage.
- Behavior at accidents
- a) The lessee has, after an accident, to inform the police and the lessor immediately and without delay. A detailed written damage report must be available within one business day. The accident report must take place by telephone within the business hours in the respective subsidiary, outside of business hours at 0800/6660007. If the lessee culpably refrains from informing the lessor or the police or if she/he leaves the place of an accident without accident report, then she/he has to pay to the lessor a contractual fine. The fine will be in the amount of the damage caused to the opponent of the accident, but 900.000 Euro at the most.
- b) Pieces of evidence (witnesses, leads) are to be secured according to the general traffic customs. The names and addresses of the participants, as well as the official registration numbers of the participating vehicles are to be noted. As far as the lessee states an acknowledgement of guilt or otherwise acknowledges demands of accident opponents and, thereby, risks the insurance coverage, the lessee is liable towards the lessor for the occurred damages, to the extent that the insurance declines performances due to the acknowledgement. The liability also extends to the required cost of legal procedures that derive from the fact of damage compensation claims or insurance performances not being performed without legal aid, due to an acknowledgement.
- c) The lessee is obligated to immediately deliver to the lessor a detailed report about the damage occurrence.
- d) The lessee is obligated to immediately hand the vehicle certificate and all keys to the lessor, whenever the vehicle has been stolen or cannot be operated
- Insurance coverage
The vehicle is, according to the respectively valid general requirements for Kraftfahrtversicherung (AKB, vehicle insurance) insured as follows: Third party liability: 8.0 Million Euro lump sum for personal, item and wealth damages; Third party insurance: with 600.00 Euro self-coverage (fire, theft and glass damages), according to AKB.
- Liability of the lessee at damages and traffic violations/criminal acts
- a) The lessee, driver and user are unlimitedly liable for damages to the rented vehicle.
For the processing of damages at rented vehicles/items that have been caused by the lessee, driver or user, a lump sum compensation of 30.00 Euro plus VAT are calculated.
- b) The lessee completely responsible for the outcome of traffic violations or criminal acts, which have been determined in connection with the rented vehicle and she/he is liable towards the Allround Autovermietung GmbH for consequent fees and expenses. The Allround Autovermietung GmbH is, in such a case, obligated towards the official departments to name the lessee/driver. For the processing of a traffic violation/misdemeanors and criminal acts, a fee of 10.00 Euro plus VAT is raised.
For §5a-b is valid: The lessee is not entitled to prove a lesser damage.
- Limitation of the lessee’s liability
The lessee can limit her/his liability in case of accidents, tire and glass damages, as long as, according to the valid tariffs of the lessor, an expressive agreement has been reached in the rental contract. The limitation of the deductibles is exclusively for the sole accident damages on the vehicle but does not apply to successive expenses, which will also not be carried by a third party insurer, such as value reduction, expenses for a specialist, towing and rental car expenses etc., during the repair the agreed upon rental price still applies. The limitation of the liability up to the amount of the deductibles lapses if the damage occurred due to intention, gross negligence, due to alcohol or drug induced driving inability or hit-and-run.
Notwithstanding the agreed upon liability limitation, the lessor holds the lessee responsible in the case of gross negligent damage occurrence by the lessee, to the extent of the guilt according to the amount of the total damages, whereby the measure of liability is determined analogue to § 81 section 2 VVG in cases of gross negligence.
The lessee is also liable according to § 6 of these Terms & Conditions:
- a) If she/he gross negligently violates the regulations of this rental requirement. In the case of a gross negligent violation of duty, the lessor holds the lessee responsible to the extent of the total damages, whereby the measure of liability in cases of gross negligence is determined analogue to § 81 section 2 VVG.
- b) If tire damages (if no separate liability agreement has been concluded), for damages on truck tarpaulins and structures that have occurred due to non-observance of the measures of the vehicle or due to non-observance of the sign 265 – clearance height – according to § 41 section 2 number 6 StVO. This is also valid for damages to the vehicle, which occurred due to unprofessional loading and unloading, as well as unprofessional securing of the loading goods. Brake, operational and breakage damages are no accidental damages.
- c) For rental trucks and vehicles, whose backwards line of sight is limited:
- The reversal of the vehicle is categorically only allowed with the instruction of a person that is located sidewise behind the vehicle (in the case of requirement, a pedestrian.)
- If the lessee herself/himself reverses the rental vehicle without any guiding person or allows that another person reverses it without a guiding person and due to this, an accident occurs. In this case, the lessee has to pay to the lessor at the culpable violation of this regulation of § 6c section I, a contractual penalty in the amount of the damage incurred to the accident opponent, but at the most 900,000 Euro plus VAT. An agreed upon liability limitation lapses due to the contract-violating behavior.
- Liability limitation of the lessor
- a) The lessor is liable for item and wealth damages, which arise from the usage or malfunction of the vehicle or which occur due to accidents, belated handover or possibilities of the handover of the rental vehicle, only in cases of intent and gross negligence. Also for item and wealth damages that occur otherwise, he is only liable in the case of actions of intent or gross negligence. The lessee has to primarily utilize the vehicle third party insurance, which has been concluded for the vehicle.
- b) At non-compliance and delay, the lessor is liable also in simple cases of guilt, at the most for double the amount for the expected original rental price.
- c) All further claims, also against the employees of the lessor, no matter whether they rest upon the contract or illegal acts, are excluded from the legally applicable liability limitation.
- d) The lessor is not obligated to the storage of items, which the lessee leaves behind in the vehicle upon return. The liability of the lessor for included or left-behind items within the vehicle is excluded
- Toll fees
Due toll fees are payable by the lessee. For the processing of the toll fees, a processing fee of 20.00 Euro plus VAT is raised. The toll fees are payable immediately. The lessor is entitled to demand a deposit in the amount of the expected toll fees and to keep it until the actual calculation of the service company is received, momentarily this is TollCollect. For the payment of the toll fees upon invoice, an additional fee of 5.00 Euro plus VAT is applicable.
- Payment terms
- a) The rental price includes car tax, insurance and lubricants (without fuel!)
- b) At the conclusion of the rental contract, a deposit payment may be agreed upon for the securing of all claims arising from the rental relationship.
- c) All in the contract mentioned lessees and primary citizens of the rental contract are jointly and severally liable for all payment demands arising from the rental contract. In the case of an act of transfer of the claims to an insurance, it is pointed out that the lessee is liable for all demands of the lessor, which the insurance – correctly or incorrectly – does not cover.
- d) For the calculation of the driven kilometers, only the number of kilometers of the speedometer are observed. At a malfunction of the speedometer, the lessor is to be contacted Otherwise, the lessor is entitled to estimate the driven kilometers. If the lessor cannot determine the driven distance due to provable objective information, then 200 kilometers are calculated per day as a lump sum.
- e) In the case of a non-return of the rented vehicle, the usage compensation is calculated from the moment of exceedance of the agreed upon rental period, until the determination of the impossibility of return, on the basis of the normal price of the lessor valid at the moment of rent. The respective valid normal prices are visibly available in the business rooms of the lessor. If the lessor cannot determine the driven kilometers as an estimate due to objectively provable information, then 200kilometers are calculated per day as a lump sum.
- f) The rental vehicle expenses are due immediately. As far as the rental price is credited due to a contractual agreement, it is, at the latest, due seven days after the return acceptance of the vehicle.
- g) The billing forwarding generally takes place per e-mail. For the postal dispatch, 1.26 Euro plus VAT is calculated per invoice as a postal
- h) For each overdue notice, a reminder fee is applicable. For the first reminder, 5.00 Euro, for the second reminder 10.00 Euro, for the third reminder 15.00 Euro. The lessee is not entitled to prove a lesser damage.
- Saving and forwarding of personal data
The lessee agrees that the lessor saves the specified information. The lessor may distribute these through the central warning ring to third parties, which have a legitimate interest, if:
- a) the details given during the renting procedure are incorrect concerning important points.
- b) the rented vehicle is not returned within 24 hours after the expiry of the possibly extended rental period.
- c) rental demands must be asserted in judicial default procedure or
- d) checks and bills of exchange of the lessee are protested.
- Place of jurisdiction
For all disputes stemming from this or about this contract, Berlin is agreed upon as the place of jurisdiction, as long as:
- a) The lessee has no general place of jurisdiction within the country or after the conclusion of contract her/his place of residence or usual place of stay during the period of filing of an action is not known.
- b) The lessee is a registered trader in the sense of §§1, 4 HGB or is an equivalent person according to § 38 section 1 ZPO.
- Law about the alternative settlement of disputes in consumer matters
The lessor does not participate in the dispute settlement, according to § 36 VSBG.
- Statute of limitation
As long as the police have recorded the accident, damage compensation claims of the lessor against the lessee only become due after the lessor had the possibility to view the investigation file. In the case of viewing the file, the lessor will inform the lessee immediately about the time of the inspection of files. A contractually agreed upon deposit payment according to 8 c) of the T&C remains in the ownership of the lessor until the question of fault is finally cleared.
- Auxillary agreements
Verbal agreements have not been made. Due to the priority of individual agreements, the old written clauses as used before are not in effect anymore. In effect are only so-called completeness clauses.
Should a regulation of this contract be or become ineffectual or unenforceable, then this does not touch the effectiveness of this contract as a whole.
The parties obligate themselves for such a case to agree upon an effective or enforceable regulation, as long as this corresponds as much as possible with the purpose of the regulation to be replaced, under observation of the interests of both parties.
The same is valid for possible gaps within the contract.
© Allround Autovermietung GmbH 2017