§1 Conclusion of the contract / cancellations
Reservations and bookings are generally made by e-mail. If the lessee does not take the vehicle within 120 minutes after the agreed time, there is no longer a reservation obligation and the lessor can rent the vehicle elsewhere. Changes such as the pick-up time must be reported at least 48 hours before the rental date and require the consent of the lessor.
Cancellations must be made in writing 21 days before the rental period; for this a processing fee of EUR 150.00 gross is due. For cancellations within 21 days before arrival, 75% of the gross rental price will be charged. The lessor may demand an advance payment up to the amount of the expected final price, but at least 50% of the gross rental price before handing over the vehicle.
§2 Vehicle condition / repairs / equipment
The lessee agrees:
- to treat the vehicle gently and professionally,
- to comply with all applicable regulations and technical rules,
- to regularly check whether the vehicle is in a roadworthy condition, in particular to check operating fluids (engine oil, AdBlue etc.) and tire pressure and top up if necessary,
- to lock the vehicle properly and to secure against theft.
The cost of fuel and possibly replenished operating fluids such as AdBlue fuel additive and engine oil is borne by the lessee. At temperatures below +4°C, adequate frost protection must be ensured.
Unless otherwise stated in the rental contract, the vehicle will be handed over with a full fuel and AdBlue tank and must also be returned in this state upon termination of the rental contract. If the vehicle is not returned fully fuelled, the lessee will be charged the cost of refuelling plus EUR 25.00 gross surcharge.
Repairs during the rental period may only be commissioned with the consent of the lessor.
§3 Handover / return of the vehicle
- The rental contract begins and ends at the agreed time and can be extended under this contract with the prior consent of the lessor, unless otherwise agreed.
- The lessee is obliged to return the vehicle at the agreed time and place, unless otherwise agreed, during normal business hours, Monday to Friday 09:00 to 18:00 and Saturday 09:00 to 14:00 in the state in which the lessee took it over.
- Special rates apply only to the period offered. If exceeded, the standard rate applies for the entire period. In case of breach of the obligation to return, the lessee is liable as joint debtor.
- If the lessee does not return the vehicle to the lessor after the expiry of the agreed rental period, the lessor is entitled to demand a usage fee of EUR 150.00 gross per commenced rental day for the period beyond the contract period.
- Only the tachometer data are used to calculate the kilometres driven. If the tachometer is defective, the lessor has the right to estimate the kilometres driven. The lessee has the right to prove lower kilometres driven.
- Smoking in the vehicle is prohibited. In the event of non-compliance, the lessor may charge a fee of EUR 200.00 for the removal of odours.
- The lessee must return the vehicle in a clean condition, i.e. to dispose of garbage and to eliminate pollution. If the vehicle is heavily soiled, e.g. due to spilled drinks, pet hair, vomit, faeces, a cleaning fee of EUR 200.00 gross is payable.
§4 Authorised drivers
The vehicle may only be driven by the drivers specified in the rental contract. The lessee is obliged to inform the lessor of the names of all drivers of the rental vehicle before departure. These additional drivers must have been instructed by the lessee before departure on the operation of the rental vehicle. When choosing the drivers, the lessee must independently check whether they are in possession of a valid driving license in the territory of the EU.
The lessee is responsible for the actions of the drivers as its own, as they are vicarious agents of the lessee even if they were arranged by the lessor. All provisions of this contract favouring the lessee also apply in favour of the respective authorised driver.
§5 Behaviour in case of accident / damage / theft
After an accident, theft, fire, damage due to animals or any other damage, the lessee or the authorised driver is obliged to inform the police and lessor immediately. This also applies to minor damage and self-inflicted accidents without the participation of third parties. Opposition claims cannot be recognised. If the police decline to document the accident, the lessee has to prove this to the lessor.
The lessee agrees to immediately provide the lessor with a detailed incident report on the incident. This must include the names and addresses of all parties involved, any witnesses, license plates of all vehicles involved, the exact location and course of action, visible damage, possible causes and the telephone number of the responsible police station.
Necessary salvage measures or repairs are in any case arranged by the lessor. Accident notification must be made during or after business hours at the following number: +49 176 324 600 63
§6 Reversing and manoeuvring
Reversing and manoeuvring may only be done with the help of a second person outside the vehicle. If the driver fails to do so, then the driver is always fully liable in the event of damage for the damage to driver's own vehicle as well as to the vehicles and objects of third parties.
§7 Prohibited uses / termination right
The vehicle documents must not be stored overnight in the vehicle. The vehicle may only be used on public roads. Exceptionally, use on paved private roads is permitted if it is unavoidable. Should a trip be unavoidable over unpaved roads, this must be reported in advance to the lessor, and a third party must monitor the trip from the outside.
The lessee is prohibited from using the vehicle for
1. participation in motorsports events and vehicle tests
2. driver training or driver safety training
3. transport of animals / reptiles / insects
4. carriage of flammable, toxic or otherwise dangerous substances
5. towing and pushing of other vehicles
6. committing crimes, even if they are punishable only by the law applicable at the crime scene
8. exceeding the max. permissible payload
9. other uses that go beyond the contractual use.
The lessee is obliged to properly secure the cargo. The lessor may terminate the contract without observing a notice period, provided the lessee's financial circumstances deteriorate significantly or another good cause has occurred. A good cause is the non-contractual use of the vehicle. Any termination requires no prior warning.
The lessee or a third party for which the lessee is responsible shall, at the request of the lessor, promptly return the vehicle to the place of takeover or pay for the transfer of the vehicle to the place of takeover. The lessor reserves the right - at any time and anywhere - to be able to inspect the rented vehicle.
All prices are gross prices. Individual rental prices are based on the current price list of the lessor, but always require agreement between the lessee and lessor. All rental prices include the statutory VAT in the current amount, as well as a liability, comprehensive and partial comprehensive insurance.
Down payments are due at the beginning of the rental period per rental vehicle. The down payment is the value stated in the contract, unless otherwise agreed, 100% of the provisional gross order value.
In case of multiple damages in the rental period, the lessee has to pay several deductibles; even in case of several accidents, the deductible is due for each individual accident. Not included in the rental price are costs for fuel, operating fluids, service charges as well as delivery and collection costs.
Even if a delivery and/or retrieval of the vehicle is agreed, the start and end of the kilometre calculation will be the kilometres at the vehicle location of the lessor. Costs for the fuel used and other expenses for this purpose such as tolls will be borne by the lessee.
1. Liability: The vehicle is covered by liability insurance in accordance with the applicable general conditions for motor insurance (AKB). Insurance coverage: EUR 100 million flat-rate cover (maximum of EUR 12 million per injured person).
2. Partial/Comprehensive: For the vehicle there is both a partial and a comprehensive insurance. The lessee's own deductible for the partial coverage amounts to EUR 1000.00 per damage event; for the comprehensive insurance it is EUR 2000.00 per damage event, unless otherwise agreed in the contract
Excluded from the insurance is the use of vehicles for the transport of hazardous substances requiring a permit pursuant to §7, GGVSEB Dangerous Goods Ordinance. Any insurance coverage agreed under the rental contract does not apply in particular if an unauthorised driver uses the vehicle and if the driver of the vehicle does not have the prescribed driving license when the insured event occurs.
There are several damages present if the damages are based on different actions or circumstances. If there is a dispute over the question of the number of damages, the lessor may commission an expert opinion, the costs of which are to be borne by the person who is found responsible. If the lessee acts grossly negligent or intentionally, the lessee is fully liable. In case of destruction or loss of the vehicle as a result of theft, the lessee bears 10 percent of the insured maximum compensation, however, a maximum of 2,500.00 EUR.
The insurance coverage is valid in Germany, the geographical borders of Europe as well as the non-European areas, which belong to the area of the European Union. In addition, all countries where insurance applies are indicated in the green card included with each vehicle. Trips abroad are to be announced to the lessor before departure. For trips abroad, the lessee must have the valid driving license for the country.
§10 Liability of the lessor
The lessor is liable in cases of intent or gross negligence of the lessor, a representative, or an agent in accordance with statutory provisions. Otherwise, the lessor is only liable for injury to life, limb, health or culpable breach of material contractual obligations. The claim for damages for breach of material contractual obligations is limited to the contractually foreseeable damage.
The lessor accepts no liability for damage to objects of the lessee arising from the use or storage in the rental vehicle or left on return in the rental vehicle.
The lessor cannot be held responsible for differences between the rented vehicle and a possible replacement vehicle in terms of similar characteristics and features, such as colour, seating arrangement, load compartment size or interior.
§11 Liability of the lessee
The lessee is also liable for its vicarious agents for breaches of the rental contract, these general terms and conditions or against statutory provisions, in particular traffic and regulations as well as toll duties, committed during the rental period.
The lessee shall indemnify the lessor from all fines and custodial fees, fees, surcharges and other costs that the authorities charge the lessor for such breaches. The lessor is legally obliged to pass on lessee data to prosecution authorities upon request. For the administrative expenses incurred by the lessor for the processing of inquiries, the lessor receives from the lessee per administration request a lump sum of EUR 25.00 gross.
The following personal data of the lessee can be processed, used, stored and transmitted by the lessor and its vicarious agents for commercial purposes: Name, address, email address, fax and telephone number, mobile phone number, place of birth and date of birth of the lessee, as well as data from identity documents and driver's licenses, as well as customer numbers and outstanding claims that the lessor has against the lessee.
According to the Federal Data Protection Act, disclosure may only take place to the extent that this is necessary to safeguard the legitimate interests of the lessor, the persons or companies mentioned above or the general public, while not violating the lessee's legitimate interests. This is particularly the case if the information given during the rental is incorrect, the rented vehicle is not returned, the means of payment provided by the lessee, such as checks, bills of exchange or credit cards, cannot be redeemed, rental car bills are not paid and/or the rented vehicle is stolen or damaged. (§27ff. BDSG)
§13 General provisions
In disputes over the interpretation of the rental contract and these general terms and conditions or related legal relationships, the law of the Federal Republic of Germany applies. The offsetting against claims of the lessor is possible with undisputed or legally established claims or with the consent of the lessor. As long as and to the extent that nothing specific or certain facts are not adequately regulated in this rental contract on a particular matter, the provisions of the Insurance Contract Act and the provisions of the general conditions for motor insurance (AKB) must be applied. This also applies to any ambiguity arising from this contract.
Should individual provisions of this contract be or become invalid or void, this does not affect the validity of the remaining provisions of this contract. Additional agreements or additions require the written form to be valid. Oral agreements are not valid. For all disputes arising out of and in connection with the rental contract and these general terms and conditions, the exclusive place of jurisdiction is the registered office of noisy Store GmbH.
§14 Jurisdiction and written form
1. The place of jurisdiction, if the lessee is a merchant, a legal entity under public law or a legal special fund, is Berlin.
2. Verbal collateral agreements do not exist. Changes must be made in writing.