General Terms and Conditions (GTC)

Terms of contract

1. Vehicle handover

The lessee/user has accepted the vehicle with all accessories and a full fuel tank in perfect and undamaged condition, together with the vehicle documents.

 

2. Usage

The rental/letting is made to the tenant/user or the signatory of the contract personally. The express consent of the lessor/lessor is required:

  • The transfer of the vehicle to third parties
  • Journeys outside the federal territory

Under no circumstances is it permitted to use the vehicle

  • for hire to third parties
  • for participation in motor sport events
  • for the transport of dangerous goods
  • for journeys outside Europe

(no insurance cover)

 

3. Duty of care

The lessee/user must treat the vehicle carefully and with due care and observe all regulations and technical rules applicable to its use, including the maintenance periods. The hirer/user is liable for wear and tear beyond normal use.

 

4. Behaviour in the event of damage

In the event of damage (accident, theft, damage or defect), the lessee/user undertakes to inform the lessor/provider immediately and comprehensively.

Additionally applies:

  1. In the event of accidents, the report must include in particular the names and addresses of all persons involved and any witnesses as well as the licence plate numbers of any vehicles involved. The hirer/user must arrange for the accident to be recorded by the police. He is not authorised to make any statements on school matters.
  2. In the event of theft or other damage to the vehicle, the hirer/user must immediately arrange for all necessary police enquiries to be made.
  3. If the vehicle is defective, the repair shall be carried out in consultation with the Lessor/Landlord. The choice of repair workshop shall be made by the Lessor/Landlord, who shall be entitled to choose to provide a replacement vehicle.

 

5. Return

The Hirer/User must return the vehicle at the agreed end of the hire period in the same condition as when it was taken over, including all accessories and vehicle documents at the place where it was taken over.

 

6. Method of payment

The Rental Firm/Transferor may demand an advance payment of up to the amount of the expected fee, but at least 50% of the rental price, before handing over the vehicle. The remainder must be paid in cash when the vehicle is taken over/rented.

 

7. Cancellation of the trike reservation

Cancellation of the trike reservation by the rental customer is possible up to 4 weeks (20 working days) before the start of the rental period. In the event of a later cancellation, 50% of the agreed rental price is due as a cancellation fee.

 

8. Late return of the rental vehicle

If the hire vehicle is returned late, the hire price will be charged at €10.00 per hour or part thereof. The maximum, however, is the valid daily rental price for the respective vehicle class.

 

9. Liability of the Lessor/Landlord

The Lessor/Landlord and its vicarious agents shall only be liable for gross negligence (i.e. only for wilful intent and gross negligence), with the exception of breaches of material contractual obligations. In addition, he shall only be liable to the extent that the damage is covered by motor vehicle liability insurance within the framework of the General Conditions for Motor Vehicle Insurance (AKB). The Rental Firm/Transferor shall also only be liable for faults or malfunctions of the vehicle that are not obvious at the time of handover and any losses or damage resulting therefrom in the event of gross negligence.

 

10. Liability of the tenant/user

  1. The renter/user is liable for all parking and traffic offences.
  2. The Hirer/User shall have unlimited liability for accidental damage if the damage was caused by intent or gross negligence or if the damage was caused by driving under the influence of alcohol or drugs. If the Hirer/User has committed a hit-and-run offence or has breached his obligation under clause 4 of these terms and conditions, he shall also be liable without limitation. This does not apply if the violation has no influence on the determination of the claim.
  3. The Hirer/User shall also be liable for all damage arising from non-contractual use in accordance with sections 2 and 3 of these Terms and Conditions.
  4. In all other respects, statutory liability shall apply.

 

11. Scope of insurance

Liability, 100 million euros,

per injured person max. 8 million euros

Partial casco with € 2,500 excess

Fully comprehensive cover with € 2,500 excess

Three years driving licence

 

12. limitation period

The statutory regulations apply

 

13. Place of jurisdiction

The place of jurisdiction is the registered office of the lessor/provider, unless the contracting parties are not merchants, legal entities under public law or special funds under public law.

 

14. Written form

Deviating agreements must be made in writing.