A: Condition of the vehicle/repairs
1. The hirer undertakes to handle the vehicle correctly and carefully, to comply with all the instructions and technical regulations which apply when using the vehicle, in particular checking regularly to ensure that the oil level is sufficient and having the vehicle serviced on the scheduled dates. The hirer also undertakes to check regularly to ensure that the vehicle is in a roadworthy condition and to lock the vehicle in accordance with the regulations. Smoking is forbidden in the hired vehicles. The consumption of food and drink is not allowed in the hired vehicles. As regards petrol engines, all hired vehicles may only be filled up using Super Plus. The vehicle must be returned to the lessor with a full tank of petrol. If it is not filled up, the hirer will be charged at 2.95 euro a litre.
2. If during the rental period it becomes necessary to repair the odometer or to carry out repairs to ensure that the vehicle is operational or roadworthy or if the vehicle needs to be serviced, the hirer may instruct an authorised garage to carry out this work up to an estimated repair cost of 100 euro.
Reservations both at home and abroad are binding for the types of vehicles inquired about. If the hirer does not take over the vehicle one hour at the latest after the agreed time, the reservation commitment no longer exists and the customer must bear the ensuing costs. If an order is to be cancelled, this must be done 48 hours before the rental period begins.
C: Authorised drivers
1. The vehicle may only be driven or used by the hirer or the drivers named in the rental agreement. The hirer has to check independently to see if the authorised driver has a driving licence which is still valid in the territory of the Federal Republic of Germany. In this respect, he must exploit every opportunity available and make the necessary enquiries. If requested, the hirer is obliged to inform the lessor in writing of the names and addresses of all the drivers.
2. The hirer is responsible for the actions of the driver as if they were his own actions.
3. The hirer is not allowed to use the vehicle for motor sports, for test purposes, for the commercial transportation of passengers, for commercial long-haul trucking or for illegal activities, even if such activities are only forbidden according to the law of the scene of the crime. The hirer is also not allowed to make the vehicle available to third parties. Trips are only approved for Germany and Austria, other countries require the prior written approval of the lessor.
Violations will result in the rental agreement being terminated without notice and if need be the vehicle will be impounded or seized. 4. The hirer is obliged to secure the load in accordance with the regulations.
D: Rental price
1. The vehicle must be returned personally during the published opening hours to the same rental station from which it was hired. If this is not the case, then the hirer is obliged to reimburse the lessor with the return charges unless there is a written agreement stating otherwise.
2. The tariffs which are valid at the time of the rental are deemed to be the rental price unless a special rental tariff has been agreed and this rental price agreement is not based on an obvious error. The terms and conditions governing these tariffs are displayed in the business offices. The rental price does not include refuelling costs, petrol costs, service charges or delivery and collection costs. The vehicle is to be handed back to the lessor with a full tank of petrol. Special prices and discounts only apply if payment is made on time.
E: Terms of payment
1. Before handing over the vehicle, the lessor will require as security an advance payment by credit card up to double the amount of the estimated charge and excess (for example, for the Ferrari F430 7,500.00 euro). 2. When hiring the vehicle, an offsettable security equating to an additional charge of 100% of the expected rental price as well as 150.00 euro for petrol and refuelling costs can be imposed.
3. The final rental price inclusive of the statutory VAT is due for payment when the agreed rental period ends and this is to be paid to the lessor.
4. The lessor chooses the payment method. However this is always cashless and payment is only made via a credit card.
5. Following delay in payment the hirer is liable for all the ensuing damages. Additional claims by the lessor remain unaffected by this.
1. The insurance cover for the hired vehicle includes third party insurance with a maximum sum insured of 50 million euro for personal damage and material damage. The maximum sum insured per injured person is 8 million euro and is restricted to Europe.
2. Use of the vehicle for the licensed transportation of dangerous substances according to § 7 of the Decree governing the Transportation of Dangerous Goods on the Roads is excluded from the insurance cover.
3. The insurance cover for the hired vehicle also includes part comprehensive cover to the usual extent (fire/theft).
4. The excess per case of damage which must be borne by the hirer is determined by the displayed price lists which are valid at the time of hiring the vehicle.
5. If passenger accident insurance cover is taken out, the sum insured is 20,500.00 euro in the event of disability,12,800.00 euro in the event of death, 500.00 euro for medical expenses. If there are two or more passengers, the sums insured are increased 50% on a one-off basis in respect of a pro-rata claim by the injured person.
6. Any insurance cover agreed in the rental agreement lapses in particular if an unauthorised driver uses the vehicle, if the driver of the vehicle does not have the required driving licence when the event insured against occurs or if the circumstances described under Section I No. 3 exist.
G: Accidents/theft/obligation to disclose
1. Following an accident, theft, fire, damage caused by game or other damage, the hirer must inform and call in the police and report the damage to the lessor immediately. This also applies in the event of minor damage and accidents caused by the hirer without third parties being involved. If the police refuse to produce a police accident report, the hirer must provide proof of this to the lessor.
2. In the event of damages and following the incident at the latest, the hirer is obliged to inform the lessor immediately and in writing of all the details using the accident report contained in the registration documents. This report is to be completed carefully and in full, giving all the details required.
H: Liability of the lessor
1. In the event of intent or gross negligence on the part of the lessor, a representative or a vicarious agent, the lessor is liable in accordance with the statutory regulations. Moreover, the lessor is only liable on account of damage to life, body or health or on account of culpable breach of fundamental contractual obligations. The claim for damages on account of a breach of contractual obligations is limited to such typical contractual damage as is foreseeable.
2. The lessor is not liable for any items or goods which have been left behind in the hired vehicle when it is returned.
I: Liability of the hirer
1. In the event of damage to the vehicle, loss of the vehicle and breaches of the rental agreement, the hirer is liable in principle according to the general liability regulations. In particular the hirer must return the vehicle in perfect condition, such as it was when first handed over to him.
2. The hirer remains free to exclude liability for damages ensuing from accidents by paying a special fee to the lessor = contractual exemption from liability. In this case, apart from the agreed excess, he is only liable for damages if
- contrary to his obligation, see Section G No. 2, he does not hand over the notification of damage to the lessor or if he does not hand it over within the stipulated period or completed in full.
- he or his vicarious agents have caused the damage through intent or gross negligence.
- he or his vicarious agents have unlawfully left the scene of the accident and the legitimate interests of the lessor have generally been impaired in terms of assessing the case of damage, unless the breach of duty was not intentional
or due to gross negligence.
- contrary to the obligation under Section G, he or his vicarious agents have failed to call in the police in the event of an accident and the legitimate interests of the lessor have generally been impaired in terms of assessing the case of damage, unless the breach of duty was not intentional or due to gross negligence (such as driving on a racing course, etc.).
- contrary to the obligation under Section G, he or his vicarious agents have not notified the lessor of the damage or, when honouring the obligation contained in Section G, they have given false information about the events surrounding the accident and the legitimate interests of the lessor have generally been impaired in terms of assessing the case of damage, unless the breach of duty was not intentional or due to gross negligence. The contractual exemption from liability only applies to the rental agreement period.
3. The hirer or his vicarious agents are liable on an unlimited basis for road traffic offences and breaches of regulations. The lessor is indemnified against any costs, charges etc. To compensate for the administrative expense incurred by the lessor when dealing with enquiries sent to him by the authorities regarding summary offences or criminal cases, the hirer must pay the lessor a flat rate charge of 50.00 euro including VAT for each enquiry from the authorities.
4. Brake damage, operating damage and pure breakages are not accidental damages. This applies in particular to damages which result from a shifting of the load.
5. These regulations apply both to the hirer and the authorised drivers and the contractual exemption from liability does not apply to unauthorised users of the hired vehicle.
J: Returning the vehicle
1. The rental agreement ends on the agreed date and, with the prior approval of the lessor, it can be extended within the framework of this agreement if the hirer informs the lessor of the extension three days before the agreed rental period expires. In the event of a vehicle swap and a rental period of more than 28 days, the original rental agreement applies.
2. When the rental period expires, the hirer is obliged to return the vehicle to the lessor at the agreed location during normal opening hours which are displayed in the lessor’s business offices.
3. Special tariffs only apply to the original rental period. In the event of an overrun, the normal tariff applies to the whole period.
4. If the obligation to return the vehicle is breached, several hirers are liable as joint and several debtors. The rental prices which are valid at the time will be charged until the date on which the vehicle is returned.
5. If the hirer fails to return the vehicle to the lessor once the agreed rental period has expired (even if failure to return is not his fault), the lessor is entitled to ask for a usage charge for the period which exceeds the contractual period and this will equate to the previously agreed rental tariff.
6. The parties are entitled to terminate the rental agreements in accordance with the statutory regulations. The lessor can terminate the rental agreements without serving notice if the hirer is more than one day late with his payments,
if his financial circumstances deteriorate considerably or other important reasons arise. In particular the following are deemed to be such reasons:
- unpaid or dishonoured automatic debit transfers/bank cheques,
- enforcement proceedings instigated against the hirer,
- failure to service the vehicle,
- improper and illegal use,
- disregard of the regulations concerning the use of motor vehicles for road haulage,
- it would be unreasonable to continue the rental agreement due to a high incidence of damage for example.
If the lessor terminates the rental agreement, the hirer is obliged to hand over the vehicle to the lessor immediately together with the registration documents, any accessories and all the vehicle keys.
K: Minimum age
The hirer or driver must be at least 21 years’ old and have had a valid driving licence for 2 years.
L: Direct debit authorisation from the hirer
The hirer authorises the lessor on an irrevocable basis to debit all rental costs and all other claims connected with the rental agreement using the credit card presented when the rental agreement is concluded, as referred to in the rental agreement, or using the credit card which is presented or referred to subsequently by the hirer.
M: Data protection clause
1. The following personal data relating to the hirer may be processed, stored, transmitted and used (up to Point 2 also for advertising purposes) by the lessor in computerised systems: – name, address, e-mail address, fax number, phone number, mobile phone number and date of birth of the hirer, driver’s licence data, customer numbers.
- sums owed by the hirer to the lessor, subjective value judgements, personal income details and details of financial circumstances will not be stored.
2. The personal data specified under 1. may be disclosed to the following persons or companies:
- credit card companies
- legal practices
- collection companies
- vehicle manufacturers
- transport companies and travel agencies co-operating with the lessor
- all companies associated with the Muehlner Management GbR group of companies.
In accordance with the Federal Data Protection Law, data may be disclosed only if this is required to protect the legitimate interests of the lessor, of the persons and companies specified in 2. or the public interest and if the hirer’s interests requiring protection are not thereby impaired. This is the case in particular if
- the information supplied when hiring the vehicle is incorrect.
- the hired vehicle is not returned within 24 hours after the rental period, including any extensions.
- payment tendered by the hirer, in the form of cheques, bills of exchange or credit cards is not honoured or is protested or car rental invoices are not paid. – the hired vehicle is stolen or damaged.
N: General regulations
1. In the event of disputes concerning the interpretation of the rental agreement, the German text is the authoritative text and German Law applies.
2. Amounts owed to the lessor can only be offset against amounts owed to the hirer or an authorised driver if the amounts owed to the hirer or authorised driver are undisputed or established as being legally valid.
3. All rights and obligations ensuing from this agreement apply for the benefit of or to the detriment of the authorised driver.
4. For so long as and insofar as no provision is contained in this agreement, the regulations of the Insurance Contract Law (VVG) and the regulations of the General Conditions for Motor Vehicle Insurance (AKB 95) are to be applied, as appropriate. This also applies to any ambiguities arising from this agreement.
O: Place of jurisdiction, written form
1. There are no verbal ancillary agreements. Amendments require the written form.
2. In relation to merchants/traders, the place of jurisdiction is Freilassing. In addition, the statutory regulations apply.