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Rental Agreement - Terms and Conditions (AGB)

1.


Renter is liable for the rented vehicle, including but not limited to damages, loss of use, recovery cost, etc. It is strictly prohibited to sublease or permit use of the vehicle to any person not expressly mentioned in the rental agreement.





2.


The vehicle has to be returned with a full tank of gas.





3.


Insurance / Renter's Liability Limitations:
Please pay close attention to paragraphs 3.d), e), 4., 5. and 7. below


a)

The vehicle carries liability insurance covering at least the minimum required by law.

b)

In case renter causes damage to the rented vehicle a co-payment or deductible of € 3.000,00 applies. In addition, all cost associated with towing, recovery, return to origin station, expert examination/assessment are to be paid by renter.

c)

By paying an additional fee at the time of rental, the limit of liability as explained in paragraph 3.b) above can be reduced to € 330,00 (conditions and exceptions apply as per paragrahs 3.d), 4), 5) below).

d)
!
However, the limitation as described in 3.c) does not cover damage caused while vehicle is being transported on a trailer, during loading or un-loading, due to cargo transported in the rented vehicle or by animals. It is not possible to limit the liability for these occurrences. !

e)

See paragraph 7. below for information on liability when driving in a foreign country.





4.


!
The aforementioned limitation of liability does NOT apply to damages caused intentionally, due to gross negligence or while driving under the influence of alcohol or medication. Renter is liable for any and all cost, including but not limited to loss of use in this case. !





5.


!
ATTENTION: It is imperative to call IMMEDIATELY the police at the site of the accident and file a report in case of any damage, including but not limited to damages caused without involvement of any third party or in case of theft of the rented vehicle. Failure to do so will result in renter being liable for the entire damage or loss incurred. The Liability limitations outlined in  3.b) and 3.c) will not apply. !





6.


Jurisdiction:




The parties agree to the court of Neustadt i.S. having jurisdiction over any disputes arising out of or in conjunction with the agreement, if:

a)

Renter is not bound by the jurisdiction of another German court, or has moved his/her primary residence outside of Germany after executing the agreement, or if his/her address or residence are unknown at the time, or

b)

If renter is doing business as “Vollkaufmann” [a legal full-time business entity] according to paragraphs 1 and 4 of the HGB





7.


Trips into a foreign country:




It is required to obtain the rental company’s prior written permission before leaving Germany. Any violation will void the liability limitations outlined in 3.b) and 3.c) regardless of any additional fee paid.





8.


Limitations of use of rental vehicle:




Renter agrees to take full responsibility (as if he were the registered owner) for the rented vehicle for the duration of the rental period, including any extensions of contract. Sub-leasing, use in car races, professional transportation of persons (e.g. taxi), or towing of other vehicles is prohibited. In such cases all limitations of liability are void.





9.


Cancellation of Rental Agreement:

a)

Any violation of the rental agreement entitles the rental company to cancel this agreement with immediate effect and repossess the car at renter’s expense. Rental company shall have the right to cancel this agreement with immediate effect, repossess the car at renter’s expense if renter appears to be unreliable or incapable of driving a vehicle.

b)

Rental Company reserves the right to cancel the rental agreement with immediate effect upon any damage or accident caused by the renter.





10.


Payment Terms:


a)

The agreed upon rental fee is due for each day or part thereof.


b)

An advance payment of the estimated rental fee, in no event less than € 200,00, is due before taking possession of the vehicle. A credit card is required. Advance payment and credit card are not required if renter is entitled to a rental vehicle covered by an insurance company. In that case, renter transfers his claim against the insurance company onto the rental company; but only for claims related to renting a vehicle. Rental Company will not settle renter’s claim; transfer of rights serves solely to secure services rendered to renter.


c)

An extension of the initial rental term requires the written confirmation of the rental company, i.e. renter needs to obtain the rental company’s written confirmation before the expiration date.


d)

The entire amount as invoiced is due upon return of the rental vehicle. Accepted forms of payment are cash, credit card, or ATM (EC) card.


e)

Renter authorizes Rental Company to charge any fees arising out of or in connection with the rental agreement to his/her credit or ATM (EC) card.


f)

Special requirements such as winter tires, trailer hitches, delivery or pick-up of rental car, delivery of customer’s repaired vehicle, and rental outside normal business hours are subject to an additional fee.






11.


Renter’s Maintenance Duties:


a)

Renter is required to care for and maintain the vehicle for the duration of the rental and will handle the vehicle and accessories with care.


b)

Renter will check and, if needed, refill vehicle fluids, including but not limited to coolant, anti freeze and motor oil.  Renter will check and adjust tire pressure per user manual as needed.


c)

Renter is responsible not to park the vehicle in places prone to theft or damage. This includes not parking the vehicle for consecutive days without proper security.


d)

Renter has to keep vehicle keys securely in his possession to prevent access by unauthorized persons.


e)

Renter will ensure proper gasoline type (as per user manual) is being used. Renter is responsible for any and all cost related to damages due to wrong gasoline type.


f)

Renter will be held fully responsible for any and all costs or damages caused by misuse or improper handling, e.g. using the wrong setting on the automatic transmission.


g)

Limitation of liability by paying the premium as specified in paragraph 3 above shall not apply to damages due to misuse as per paragraphs a) through f) above.






12.


Damages and Malfunction:


a)

All malfunctions or damages are to be reported immediately to the rental company as soon as they occur. The renter is not authorized to perform or authorize any repairs to the rental vehicle without written authorization by the rental company.


b)

In case of tire damage the spare tire is to be used and the rental company is to be notified immediately so that the damaged tire can be either repaired or replaced.


c)

Rental Company will reimburse renter only for purchases or repairs that he obtained written authorization for, NO EXCEPTIONS.





13.


Rental Company Liability:




Rental company will pay for repair and/or towing, provided these were ordered or authorized in writing by rental company. Rental Company shall not be liable for any other costs incurred, such as replacement rental, loss of wages, lodging, damage or loss of cargo, etc.






14.


Renter’s Insurance Obligation:


a)

Rental Company shall not be held liable by renter or third parties for cargo or property inside the vehicle.


b)

The renter is solely responsible for taking out insurance for these risks.






15.


Accidents:


a)

In case of an accident or damage to the rented vehicle it is the renter’s duty to immediately obtain and write down all pertinent information regarding the involved vehicles and persons, including names and addresses of all drivers, registered owners, insurance information, and potential witnesses.  Complete the accident report (“Unfallbericht”) form as provided.


b)

Renter is prohibited from getting involved in any way in the regulation of claims.


c)

The renter is required to file immediately a police report at the site of the accident as well as immediately inform the rental company of the accident.





16.


Vehicle Return:


a)

The vehicle is always to be returned to the origin station.

b)

Renter will be liable for any damages that may arise in conjunction with an unauthorized late return of the vehicle.  This includes late or incomplete return of the vehicle keys or documents.





17.


Violation of Traffic Regulations:




Renter is responsible for any tickets for traffic violations, tolls, and parking tickets as per the governing traffic laws, as well as any administrative cost incurred by the rental company due to the renter’s traffic violations. This includes charges for towing due to unauthorized parking and any roadside assistance the renter may require.





18.


Other Important Information:


a)

Renter has to pay utmost attention to posted maximum height limits, especially at bridges and tunnels.


b)

Renter has to adhere to all regulations when using parking structures, especially regarding maximum vehicle height, length, width and weight.


c)

Limitation of liability by paying the premium as specified in paragraph 3 above shall not apply to damages due to misuse as per paragraphs a) and b) above.














The above is a courtesy translation of the “Geschäftsbedingungen” (terms and conditions) on Sachsencar GmbH & Co. KG Autovermietung rental contracts. Should there be any discrepancies, only the German language version shall apply in case of legal disputes. You will find the german version here.








Revised: January 2008