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1. Obligations of the landlord
1.1 Fitness for use of the vehicle
The landlord gives the renter a safe and technically correct vehicle and accessories for the contractual use.
The vehicle is covered by unlimited liability insurance in accordance with the applicable General Terms and Conditions for Motor Insurance (AKB). A passenger, comprehensive, comprehensive or transport insurance does not exist. The exemption from liability is not comprehensive insurance.
The maintenance of the vehicle, except the car wash, is carried out by the tenant after registration. During the rental period, the renter takes over the maintenance of the vehicle. The lessor will reimburse the tenant for the necessary maintenance costs if the original documents that can be checked are presented at the latest on the return of the vehicle.
If a repair is necessary during the rental period in order to ensure the operation or the traffic safety of the vehicle, the tenant may charge an authorized repair shop up to the amount of 100, - € without any further reason, because of major repairs only with the consent of the landlord. The lessor will reimburse the renter for the costs if the original documents that can be checked are presented at the latest when the vehicle is returned and the renter is not liable according to No. 4 of these provisions.
2. Duties of the tenant
2.1 Rental price
The rental price is based on the agreement in the lease. If the odometer is required, the renter is obliged to take the vehicle immediately to a suitable workshop and to obtain the instruction of the lessor. Failure to comply with this provision will result in the kilometer price being calculated at a distance of 100 km per day. The tenant is the proof that the damage to the landlord is substantially lower or not at all, or that a smaller distance was driven. The landlord has the right to claim further damages if the tenant has acted without his consent or against hisWeitisung or if he proves that the renter has traveled a greater distance. Fuel is at the expense of the renter.
2.2 Payment obligation
The rent is payable in advance. In addition, the landlord before handing over the vehicle may demand a security deposit in cash. Upon return, the remaining costs are payable in cash. The tenant confirms with his signature that he is solvent and able to pay the rent in cash.
2.3 withdrawal from the contract
If the renter withdraws from the contract with a period of 14 days or more, he must pay the daily flat rate of the relevant rental vehicle for each day of the rental period according to the latest price list available in the lessor's office. If the renter withdraws from the contract with a period of less than 14 days, he has to pay the agreed rent. The tenant has the proof that the damage to the lessor is significantly less or not at all.
The vehicle may only be driven by the renter, his employed professional drivers and by the drivers specified in the rental agreement. In any case, the driver must be in possession of a valid driving license and be able to drive the vehicle safely. The renter must represent the actions of the respective driver as his own. All provisions of this contract favoring the renter are also in favor of the respective authorized driver.
The hirer must treat the vehicle with care and observe all regulations and technical rules applicable to its use, in particular to observe the maintenance deadlines and to properly close the vehicle. Before commencing the journey, he must inform himself of the vehicle dimensions by inspecting the vehicle license. The renter of a vehicle with EC recording equipment is obliged to properly fill in and place the chart. He has to comply with the necessary rest periods. In case of non-compliance, the renter can not invoke a liability exemption agreed upon conclusion of the contract.
2.6 Use restriction
The lessee is prohibited from using the vehicle for motorsport events, for test purposes, for the conveyance of goods and services for commercial purposes or for other unlawful purposes, even if they are only prohibited under the law of the crime scene only with the agreement of the lessor.
In case of accidents the renter has to inform the landlord immediately, at the latest on the return of the vehicle, about all the details in writing, accompanied by a sketch. The accident report must in particular contain the names and addresses of the persons involved and any witnesses as well as the registration numbers of the vehicles involved. The renter has to inform the police immediately after an accident. Adversarial claims may not be acknowledged. Damage caused by the landlord or stunted animals as well as game damage must be reported by the renter and the competent authority without delay. In the event of a breach of the obligation to notify, the renter loses all claims arising from the exemption from liability agreed upon conclusion of the contract.
2.8 Vehicle return
The renter is obliged to return the vehicle to the renter at the agreed place at the end of the rental period. The return can only happen during the business hours of the landlord. If the renter does not return the vehicle after expiry of the agreed rental period, the renter may demand the agreed rent for the duration of the withholding. The assertion of further damage is not excluded.
3. Liability of the landlord
The landlord (ie himself and his employees), except for breach of essential contractual obligations, is liable only for gross negligence (that is, for intent and gross negligence). In addition, he shall only be liable to the extent that the damage can be covered by a motor vehicle liability insurance within the framework of the General Conditions for Motor Vehicle Insurance (AKB).
4. Liability of the renter
4.1 The Lessee is liable for damages resulting from the culpable breach of contractual obligations, for damage to superstructures and advertising due to non-compliance with the width or height of the rental vehicle and for damage caused by the cargo. He remains liable for any damage resulting from neglecting his obligation to secure the vehicle against theft and unauthorized use. Liability can not be excluded or limited by the conclusion of an exemption from liability.
4.2 The Lessee is liable for damages caused by external influences on the vehicle, for whatever reason. In particular, the tenant has to return the vehicle in the same condition as he took it over. The liability of the lessee also extends to the additional damage costs wiea) expert costs b) salvage and towing costsc) depreciation d) loss of rent.
4.3 The Lessee may limit the liability for damage caused by external interference and the ancillary costs for damage listed in paragraph 2 (a) -d) by paying a special fee to the maximum amount of € 400 per occurrence. In this case he is liable for damage to the vehicle and for ancillary costs exceeding the self-retention of 400, - €, only if he caused the damage by gross negligence, if he has committed an accident or if the damage was caused by alcohol or drug-related driving inactivity. Furthermore, the renter is fully liable if he has violated the obligations pursuant to No. 2.4, No. 2.5, No. 2.6 or No. 2.7.
4.4 The hirer is liable for any damage he has caused to the rental vehicle to a third party with a deductible of € 400.00. This liability can not be excluded by the exemption from liability. The excess of liability exemption remains unaffected.
The hirer agrees that his personal data will be stored by the lessee and passed on to third parties via the central warning ring if: (a) the information given during the rental is inaccurate, (b) the leased vehicle is not returned within 24 hours of the rental period possibly renewed c) Checks given by the renter are not honored or bills of exchange are refunded.
If the renter does not have a general place of jurisdiction in his home country or if he moves his residence or habitual residence abroad or if his domicile or habitual residence is not known at the time the complaint is lodged, the renter shall also be deemed to have jurisdiction a legal person governed by public law or a special fund under public law or a general merchant.
7. Severability clause
Should any provision of this Agreement be invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the ineffective provision by one of these effective terms as far as possible in terms of their interests and importance.