general terms and conditions

CarVia GmbH

A: Condition of the vehicle, repairs, fuel

1. The lessee undertakes to treat the vehicle appropriately and with due care, to observe all the regulations and technical rules which apply to its use, especially to check regularly that the engine oil level is sufficient and to observe when vehicle services are due and to check regularly that the vehicle is in a roadworthy condition and to properly lock the vehicle. The lessor’s vehicles are non-smoking vehicles in principle.

2. If, during the term of the rental period, it becomes necessary to repair the odometer (kilometre counter) or to carry out a repair to ensure that the vehicle is operational or roadworthy or a compulsory vehicle service becomes necessary, the lessee may have this work carried out by an authorized repair workshop up to an estimated repair cost of EUR 100.

3. The vehicle shall be handed over to the lessee with a full tank of fuel. Correspondingly, the lessee must return the vehicle at the end of the lease with a full tank of fuel. If the vehicle is not returned fully tanked, the lessor shall charge the lessee the fees for filling the vehicle and fuel in accordance with the rates applicable at the time of rental, unless the lessee proves that no or lower costs for filling incurred. The rates as applicable from time to time are one and a half times the valid price of a litre at the time of refuelling.

4. With rentals having a term of more than 27 days the lessee must bear the cost of procuring replenishment liquids (particularly engine oil, windscreen cleaner as well as antifreeze) up to an amount of 8% of the respective month’s (net) rental fee in the event that said liquids need to be replenished during the rental period.

5. When renting vehicles with an AdBlue® tank, the lessee must ensure that the AdBlue® tank is always sufficiently filled. The lessee and his vicarious agents shall be fully liable for breaches of the above obligation committed during the rental period; the lessee shall indemnify the lessor against all claims, in particular against any penalty and warning fines, asserted by the authorities or other third parties against the lessor because of any failure to fill the AdBlue® tank.

 

B: Reservations, bookings made at prepaid rates

1. If the lessee has not collected the vehicle by no later than one hour after the agreed time there shall no longer be a binding reservation.

2. The maximum rental period for a booking at the prepaid rate is 27 days. The booking may be changed up to one hour before the scheduled beginning of the rental period. There will be a rebooking fee of 20 EUR plus any difference between the original rate and the rate applicable to the adjusted rental period. A change from a prepaid rate to a non-prepaid rate is not possible. Any prepayment already made towards the rental shall not be refunded; nor shall any differential amount be refunded. The lessee can also cancel a booking before the rental begins. In the event of cancellation, the prepayment shall not be refunded if the prepayment does not exceed the rental charge of three rental days (including any extras and charges according to clause D.), unless the lessee proves that for cancellation no or lower costs incurred in course of cancellation at the lessor. The portion of the prepayment that exceeds the rental charge of three rental days including any extras and charges shall be refunded within ten working days of the cancellation. Cancellations can be made in writing and must be addressed to: CarVia GmbH, Elisabethstrasse 44, D-80796 Munich, E-Mail: info@carvia-autovermietung.de. In the event that the booked vehicle is not collected or not collected within one hour after the agreed time the rental charge already paid shall be withheld in full, unless the lessee proves that no or lower costs incurred for the lessor due to no collection.

3. For bookings made at prepaid rates, it is not possible to apply vouchers or any other credits during or after the booking unless the conditions shown on the voucher explicitly permit the redemption of the voucher value in bookings made at prepaid rates and if the voucher value is immediately applied during the booking.

 

C: Documents to be produced when collecting the vehicle, authorized drivers, permitted drivers, travel abroad

1. When the vehicle is handed over the lessee must produce a domestically valid driving licence necessary for driving the vehicle, a valid means of payment as well as a personal identification card or passport. In the case of bookings made at the prepaid rates, the means of payment used at the time of booking must be presented. If the lessee is unable to produce said documents when the vehicle is handed over, the lessor will cancel the rental contract; in any such cases the lessee shall have no claim for non-performance. Furthermore, the drivers must be over 25 years of age (an additional charge shall be charged for drivers under the age of 25, but over 23) and the driving licence must have been held for at least 2 years.

2. The vehicle may be driven only by the lessee or - in the case of corporate customers - by the driver named in the rental contract. If the vehicle is to be driven by persons other than the above-named person an additional charge shall be charged for each additional driver. The charges as applicable from time to time can be inspected on CarVia's website or can be asked for by telephone. When the vehicle is collected the original driving licences of any additional drivers must be presented.

3. Corporate customers must check independently whether the authorized driver is in possession of a driver’s licence which is still valid on the territory of the Federal Republic of Germany. They must use all means available to them to do this and must make the necessary enquiries.

4. The lessee shall be liable for the actions of the driver as if they were the lessee's own actions.

5. The vehicle may be used only on public roads, but not for driving school practice. The vehicle may not be used

- for motor sport purposes, in particular driving events where the important thing is to achieve maximum speeds, or for any associated practice drives

- for vehicle tests or for safety driving training

- for the commercial transportation of persons

- for renting to sub lessees

- for committing criminal offences, even if said offences are punishable only under the law of the place where the offence is committed

- for transporting easily inflammable, toxic or other hazardous substances

6. The lessee is obliged to properly secure any goods carried.

7. Generally, rental vehicles may not be used abroad. A list of the countries in which the rental vehicles may be used can be asked for by telephone. In addition, the countries in which the rental vehicle concerned may be used are listed in the rental agreement form.

8. Any violation or non-performance of a provision under sub-clauses 1, 2, 3, 5 or 7 above shall entitle CarVia to terminate the rental agreement without notice or to rescind the rental agreement. In any such event the lessee shall have no right to damages. This shall be without prejudice to any claim to damages that accrues to CarVia due to the breach of one of the provisions under sub-clauses 1, 2, 3, 5 or 7 above.

D: Rental charge

1. If the vehicle is not returned to the same rental office from which it was rented, the lessee shall be required to pay the cost of returning the vehicle or a one-way charge, unless otherwise agreed in writing.

2. The rental charge comprises a basic rental charge, charges for extra services and any location surcharges. The charges for extra services are particularly one-way charges, the costs of filling the vehicle and of fuel, service charges, tolls in case of sub-clause I.5, accessories/extras such as e.g. child seat, snow chains, navigation system etc., delivery and collection costs. Location surcharges will apply to the basic rental charge as well as the charges for any extra services. Special prices and price discounts apply only if payment is made when due.

3. For deliveries and collections, the delivery and collection charges agreed for this shall be charged plus the cost of filling the vehicle and of fuel in accordance with the price list applicable at the time of rental.

4. The rental agreement will stipulate a specific station to which the vehicle must be returned at the end of the rental period. The rental will be considered one-way if the agreement stipulate a return to a station different from the one where the vehicle was collected. If the vehicle is delivered to a station other than the one stipulated in the one-way rental agreement, a corresponding fee will be agreed upon individually.

E: Due date, electronic invoicing, payment terms, security (deposit), termination without notice because of default of payment, personal accident protection

1. The rental charge (plus any other charges agreed such as, e.g. exemptions from liability, delivery charges, airport charges etc.) plus value added tax in the statutory amount applicable from time to time must, as a matter of principle, be paid in full for the agreed rental period, i.e. if the vehicle is collected late or returned early there shall be no refund. The rental charge shall be due at the beginning of the rental period, or in the case of bookings made at the prepaid rates already at the time of concluding the booking. If the rental period is more than 27 days, the rent is to be paid in advance for periods of 28 days. If the rental period ends before the additional 28-day period has elapsed, the remaining amount due since the last invoice shall be paid when the rental is terminated.

2. The lessee agrees that the lessor’s invoices will generally be sent electronically to the invoice recipient given. The lessee complies with the procedure, that he will not receive paper invoices any longer. Instead the lessor will send an electronic invoice, meeting the statutory provisions, to the e-mail address provided. The lessee can object the consignation of electronic invoices at any time. In this case the lessor will perform paper based invoicing to the lessee. The lessee is obliged to bear the additional costs for the paper based consignment of the invoice and for the postage in that case. The lessee is responsible for being able to receive electronic invoices or, if agreed accordingly, to collect them electronically. The lessee is accountable for malfunctions of the receiving devices or any other circumstances that hinder the access to the invoices. An invoice is received as soon as it entered the lessee’s domain. If the lessor just sends a note and the lessee can retrieve the invoice by himself or if the lessor makes the invoice available for retrieval, the invoice is received when it was fetched by the lessee. The lessee is accountable for retrieving the provided invoices in reasonable intervals. If an invoice is not received or cannot be received the lessee shall notify the lessor immediately. In this case the lessor will re-send a copy of the invoice and dub it copy. If the malfunction in the possibility of transfer cannot be resolved promptly, the lessor may send paper invoices until the malfunction has been solved. The lessee bears the costs for the consignment of paper invoices. If the lessor provides the lessee with login data, user name or password, those have to be secured from unauthorised access and kept strictly confidential. In case the lessee takes note that unauthorised persons gained access to this information, he shall notify the lessor of it immediately.

3. As security (a deposit) for the performance of his duties, the lessee shall be obliged to pay a sum of money at the beginning of the rental period, which sum shall be three times the agreed rental charge (plus other charges agreed such as, e.g. exemptions from liability, delivery charges, airport charges) plus value added tax in the statutory amount applicable from time to time, but at least EUR 1,500. If the lessee does not opt for the reduction of the insurance deductible, the lessor is entitled to require the provision of a security of EUR 3,500. However, if the agreed rental period exceeds a period of 27 days, the security shall be a maximum of three times the agreed rental charge for a period of 28 days (plus other charges agreed such as, e.g. exemptions from liability, delivery charges, airport charges) plus value added tax in the statutory amount applicable from time to time. The lessor is not obliged to invest the security separately from its assets. The security shall not bear interest. The lessor can enforce its right to payment of security even a considerable time after commencement of the rental agreement.

4. Unless otherwise agreed, the rental charge, all other agreed charges and the security (deposit) shall be charged to the lessee's credit card.

5. Instead of debiting the Customer’s credit card, the lessor can, by making a so-called merchant request in its favour, have a sum in the amount of the deposit frozen under the credit facility granted to the Customer by his credit card institution for his credit card.

6. If the lessee is in default of payment of the rental fee the lessor shall, even without prior warning, be entitled to terminate the lease agreement without notice. If the agreed rental period exceeds a period of 27 days and if the lessee is in default of either the whole or a not inconsiderable part of payment of the rental fee for the interval concerned, the lessor shall, even without prior warning, be entitled to terminate the lease agreement without notice because of default of payment.

F: Insurance

1. The Insurance cover for the rented vehicle extends to a third party liability insurance with a maximum amount of cover for personal injuries and damage to property of EUR 100 million. The maximum amount of cover per injured person is EUR 8 million and is limited to Europe.

2. The insurance does not cover use of vehicles for the transportation of hazardous substances requiring a permit, as defined in Paragraph 7 of the Statutory Instrument on the Transportation of Hazardous Goods by Road (GefahrgutVStr.).

G: Accidents, theft, obligation to notify

1. After an accident, theft, fire, damage by wild animals or other damage, the lessee or the driver must without undue delay notify and call in the police; in particular, the lessee or driver must report the damage to the nearest police station if the police cannot be reached by telephone. This also applies if the rental vehicle was damaged only slightly and also in the case of accidents, which are the driver's own fault without third parties being involved.

2. If ever the vehicle is damaged during the rental period the lessee is obliged to notify the lessor in writing and without undue delay of all of the details of the incident which led to the vehicle being damaged. For this purpose the lessee should complete all of the points on the form for reporting an accident, which can be found with the vehicle papers, carefully and truthfully. The form can be requested from the lessor at any time by telephone.

3. The lessee or driver must take all measures, which are expedient or conducive to clearing up the case of damage. This particularly includes them having to answer the lessor's questions concerning the circumstances of the case of damage truthfully and fully and them not being permitted to leave the scene of the accident until it has been possible to make the necessary findings and particularly the findings that are of importance to the lessor for assessing the damaging event or without allowing the lessor to make such findings.

H: Lessor's Liability

1. The lessor shall be liable in accordance with the statutory provisions in the event of intent or gross negligence by the lessor, a representative or a vicarious agent. In all other cases the lessor shall be liable only for injury to life, body or health or for the intent or negligent breach of material contractual obligations. Any claim to damages due to the breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract.

2. The lessor does not accept any liability whatsoever for property left in the rental vehicle upon its return; this limitation of liability does not apply in the event of intent or gross negligence by the lessor, a representative or vicarious agent.

I: Lessee's Liability

1. In the event of damage to the vehicle, loss of the vehicle, or breach of the rental contract, the lessee shall, in principle, be liable in accordance with the general rules governing liability. These do exempt the lessee and/or driver from any liability for breaches of contract for which they are not responsible.

2. The lessee may choose to exclude liability for any loss or damage of the lessor arising out of accidents, by paying a separate charge. Any such separate charge = a contractual exemption from liability which corresponds to the model of a fully comprehensive insurance (Vollkaskoversicherung). In that event the lessee and the drivers included in the scope of protection afforded by said contractual exemption from liability shall be liable for damage up to the amount of the agreed excess. There shall be no claim to a contractual exemption from liability if the damage was caused intentionally. If the damage was caused by gross negligence the lessor shall be entitled to reduce the exemption from liability pro rata in the proportion of the severity of the fault. There shall furthermore be no right to a contractual exemption from liability if an obligation to be performed by the lessee or driver, particularly under Clause G of these General Terms and Conditions of Rental, has been breached intentionally. In the event of a grossly negligent breach of an obligation to be performed by the lessee or driver the lessor shall be entitled to reduce its payment towards the exemption from liability pro rata in the proportion of the severity of the fault. In derogation from the provisions of the two preceding sentences the lessor shall be under an obligation to exempt from liability if the breach of the obligation was not causal for either the occurrence of the event giving rise to the exemption from liability or for the determination or the extent of the lessor's obligation to exempt from the liability; this does not apply if the obligation was breached with an intention to deceive. The contractual exemption from liability applies only for the rental period. The excess to be paid by the lessee, per claim, shall be determined by the options available and shall be displayed in the rental contract.

3. The lessee shall be liable without limitation for all traffic and administrative offences, all breaches of legal provisions as well as for any interference with possession committed by him or third parties to whom the lessee has left the car. The lessee shall indemnify the lessor against any and all penalty and warning fines, fees and other costs, levied by the authorities or other bodies from the lessor because of any such breaches. As compensation for the lessor's administrative costs incurred in handling enquiries put to it by the prosecution authorities or other third parties in order to investigate administrative offences, criminal offences or any nuisance committed during the rental period, the lessor shall receive from the lessee a flat-rate amount of EUR 18.50 (incl. VAT) for each such enquiry, unless the lessee proves that the lessor incurred lower costs and/or loss without prejudice to the right of the lessor to claim greater damages or loss.

4. Damage to brakes, damage caused during normal operation of the vehicle, and simple fracture damage do not constitute accident damage; this applies in particular to damage caused by the slippage of any goods carried.

5. The lessee, in using the toll roads, must provide for the timely and full payment of the toll. The lessee shall indemnify the lessor from all tolls caused by the former or by third parties to whom the lessee entrusts the vehicle.

6. These provisions apply not only to the lessee but also to the authorized driver, whereby, however, the contractual exemption from liability does not apply to unauthorized users of the rented vehicle.

J: Return of the vehicle

1. The rental contract shall end upon the expiry of the agreed rental term. If the lessee continues to use the vehicle after expiry of the agreed rental term, the rental shall not be deemed to have been extended. Paragraph 545 German Civil Code (BGB) shall not apply.

2. The lessee is obliged to return the vehicle to the lessor at the end of the rental period in the condition, at the time, and at the location agreed.

3. Special rental rates apply only within the period offered and presuppose that the rental period complies with the one agreed to at the time of rental. If said period is exceeded or curtailed, the normal rate, instead of the special rate, shall apply to the whole rental period.

4. In the event of any breach of the obligation to return the vehicle and there is more than one lessee, the lessees shall be jointly and severally liable.

5. If the lessee does not return the vehicle or its key(s) to the lessor after expiry of the agreed rental term, either culpably or not, the lessor shall be entitled to demand payment in the amount of at least the previously agreed rental rate as compensation for use of the vehicle for the period for which the vehicle is detained; the right to assert further damages is not excluded.

6. In the case of long-term rentals (rentals with an agreed rental term of more than 27 days) the following shall apply in addition to Clauses 1 to 5 of this section J: In the event that the permitted kilometre reading stated in the rental agreement is reached the lessee is obliged to return the vehicle even before expiry of the agreed rental term. In the event that the lessee exceeds the permitted kilometre reading stipulated in the rental agreement by more than 100 km and/or returns the vehicle after the date stipulated in the rental agreement, he shall be obliged to pay a contractual penalty in the amount of EUR 500; this shall not apply if the lessee proves that the lessor has not incurred any damage or has incurred only minimal damage. When the kilometre reading stipulated in the rental agreement has been reached before expiry of the agreed rental term, the lessee shall receive an equivalent replacement vehicle for the remainder of the rental term when the vehicle is returned.

K: Termination

1. The parties shall be entitled to terminate the rental contracts in accordance with the statutory provisions. The lessor may terminate the rental contracts extraordinarily for cause without notice. Such cause shall be deemed to include, in particular:

- Considerable deterioration of lessee’s financial situation

- Dishonoured bank debits / cheques

- enforcement measures aimed against the lessee

- lack of care of the vehicle

- improper and illegal use

- disregard of the regulations governing the use of motor vehicles for road haulage

- if it becomes unreasonable to expect the rental contract to be continued, e.g. owing to an excessive damage ratio.

2. If there is more than one rental contract in place between the lessor and the lessee, and if the lessor is entitled to terminate one of the contracts extraordinarily for cause without notice, the lessor shall also be entitled to terminate all other rental contracts extraordinarily without notice, provided the continuation of the other rental contracts is unacceptable due to the Lessee acting in bad faith. This shall be deemed to include, in particular:

- Causing wilful damage to a rental vehicle

- Culpably concealing or trying to conceal damages to rental vehicles

- Causing wilful damage to the Lessor

- If the lessee is in arrears with his payments of at least one week’s rental by more than five working days from the due date

- If the lessee uses a rental vehicle for or in conjunction with criminal actions.

3. If the lessor terminates a rental contract, the lessee shall be obliged to surrender the vehicles, together with all vehicle documents, all accessories and all vehicle keys, immediately to the lessor.

L: Lessee’s direct debit authorization

1. The lessee irrevocably authorizes the lessor as well as its collection agent to debit all car rental costs and all other claims in connection with the rental contract from the credit card presented at the time when the rental contract is concluded, from the credit card specified in the rental contract or from the credit card subsequently presented or additionally specified by the lessor.

M: Data protection clause

1. CarVia GmbH is the body responsible in the sense of the data protection law. The lessee's/driver's personal data is collected, processed and used by CarVia, or by a third party appointed locally by CarVia for the rental, for the purposes of establishing, fulfilling or terminating the Agreement. Any use for advertising purposes shall only be for the purposes of CarVia's own advertising (including advertising by way of recommendations). Said data shall be transmitted to other third parties only to the extent this is necessary for fulfilling the agreement, e.g. to the lessee's credit card company for the purposes of settlement the operator of the toll system and in case of paragraphs I.3. and I.5. to the appropriate authority or other body for direct regulation of such fees, costs, tolls or fines. Any further-reaching use shall need to be laid down in legislation or require consent.

2. Note in accordance with Paragraph 28(4) German Federal Data Protection Act ("BDSG"): The lessee/driver can at any time object to any processing or use of his data for the purposes of advertising or market research or opinion polls. The objection must be addressed to: CarVia GmbH, code word: "Objection", Elisabethstrasse 44, D-80796 Munich, or by e-mail to: info@carvia-autovermietung.de.

N: General Provisions

1. Only undisputed claims of the lessee or of an authorized driver, or claims of the lessee or of an authorized driver, which have become final and absolute, may be set off against claims of the lessor.

2. All rights and obligations arising out of this Agreement ensure to the benefit of and against the authorized driver.

3. If and insofar as no provision is contained in this Agreement, the regulations of the Insurance Contracts Act (Versichungsvertragsgesetz (VVG)) and the regulations of the General Conditions for Motor Vehicle Insurance (AKB 95) shall apply mutatis mutandis. This also applies to any ambiguities arising out of this Agreement.

4. The European Commission has set up a platform for the out-of-court online dispute resolution of consumer disputes at http://ec.europa.eu/consumers/odr/. CarVia GmbH does not participate in this process for alternative dispute resolution.

P: Place of jurisdiction, written form

1. There are no verbal side agreements.

2. If the lessee is a merchant ("Kaufmann"), a public-sector legal entity or a special body or fund under public law, the place of jurisdiction shall be Munich.

 

TOP