AGB | Impressum
Diese Seite enthält die allgemeine Mietbedingungen der LUXURY CAR GROUP | Michael Kos, sowie die Pflichtangaben gemäß § 7 Abs.1 TMG.
1. Formation of the Binding Rental Agreement
Any arrangements or declarations, that deviate from the rental agreement, must be confirmed in writing by the lessor and the lessee.
The rental agreement shall be formed between the parties to the agreement. Any transfer or assignment of the rights under the rental agreement by the lessee to a third party shall only be possible by express prior written approval of the lessor.
2. Termination, Cancellation
If no date for the return of the vehicle was agreed (indefinite right to use), the right to use may be terminated by either party in accordance with the statutory notice period (s. 580a Bürgerliches Gesetzbuch [BGB; German Civil code]).
If a rental agreement for a limited period was concluded, the agreed rental term shall be binding for both parties; it may only be extended or reduced by common consent.
Neither party shall be entitled to a termination or cancellation of the contract, except if there is an important reason, such as insolvency, improper handling, default of payment for the purposes of s. 543 BGB.
The lessee is obliged to return the vehicle to the lessor at the stated date and time at the latest, taking into consideration the typical time allowances (1 hour). If the lessor has to collect the vehicle, the lessee will have to pay for the collection. For this service, the lessor shall be entitled to charge € 2.00 plus VAT per kilometre from and to the lessor's registered offices.
The right to use the vehicle shall not be automatically extended if the lessee does not return the vehicle at the agreed time. In case of a late return, the lessor shall be entitled to demand from the lessee compensation in accordance with s. 546 BGB, i.e. compensation that is equal to the agreed rent.
The lessor may terminate the agreement with immediate effect if the lessee does not comply with the lessee's payment obligation after having being reminded once.
3. Prohibited Use, Participation in Public Road Traffic, Sub-renting
Use of the vehicle is only permitted in Germany, Austria and Switzerland. Any use of the vehicle by the lessee in other countries requires the prior written approval of the lessor.
The lessor does generally not permit the use of the vehicle for any of the following purposes:
- Participation in races, driver training, off-road driving and similar uses.
- Transportation of highly flammable, toxic or other dangerous substances.
- Any use in connection with the execution of criminal, customs or tax offences,
including, but not limited to the transportation of substances that are controlled under narcotics laws.
The use of the vehicle is not permitted if the lessee or driver is not holder of a valid driver's license, if his or her driver's license should be suspended, or if the driver's license was temporarily withdrawn. The same applies if the lessee or driver is under the influence of alcohol. The lessee is fully liable for any accidents or damages caused to the vehicle while under the influence of alcohol. The lessor does not warrant that the vehicle is suitable for the purpose intended by the lessee. The lessee shall have sole responsibility for full compliance with applicable laws and regulations. This applies in particular to compliance with road traffic laws when participating in public road traffic. Any sub-renting is expressly prohibited and shall entitle the lessor to terminate the agreement with immediate effect. In this case, the lessor will be entitled to the full contractual rent, unless the lessor has approved the sub-renting in writing. It is expressly prohibited to switch off the electronic driving aid; any infringement of this provision will result in a loss of insurance coverage.
4. Technical Alterations
The lessee is not permitted to carry out any technical alterations to the vehicle, unless this is done with the written approval of the lessor.
Technical alterations made by the lessee will not be reimbursed.
The lessee is not allowed to make any optical changes to the vehicle; this prohibition applies, but is not limited to paintwork, stickers or adhesive foil.
5. Lessee's General Duties of Care, Liability
From the time of handover, the lessee shall be obliged to treat and use the vehicle in such a manner, as a reasonable owner, who is anxious to preserve the value of it, would. The lessee shall in particular be obliged, at the lessee's own expense:
- To appropriately secure the vehicle during extreme weather conditions (such as hail, gale, flood, snow).
- To appropriately secure the vehicle at the lessee's own cost if there is concern that the vehicle may be damaged by acts of vandalism, for example by parking the vehicle in a secured garage.
- If the vehicle's warning lights (e.g. oil level-oil pressure, water, temperature, worn breaks
etc.) should indicate a problem, the lessee shall be under the obligation to take the appropriate actions, which are provided for in the operating manual for the vehicle.
The lessee shall be fully liable for all damages caused to the vehicle as a result of the lessee's breach of its duties of care as provided for under the foregoing provisions. If there should, however, be a damage that will be paid for by the comprehensive insurance (e.g. hail damage), liability shall be limited to the excess amount.
The lessee shall be liable for all damages, that are caused by improper handling or excessive use of the vehicle. The lessee shall equally also have strict liability for damages that were caused by his/her passengers, helpers or family members or other third parties. This shall also apply if it is not possible to determine, which person caused a damage or if it is not possible to determine a person's identity or the identity of the person, who caused the damage. The lessee shall also be liable for consequential damages, which are identified by the lessor shortly after termination of the rental (for example damages to clutch, transmission). These are not covered by the manufacturer's warranty, as they are due to improper handling. They must therefore be fully paid by the lessee.
With effect from the time of satisfaction of all claims against the lessee arising to the lessor from damages, the lessor shall assign any entitlements arising to the lessor from claims against third parties to the lessee for the purpose of asserting same. If a damage should be determined on return of the vehicle, it shall be presumed for the purposes of the foregoing provisions, that the lessee has caused the damage and shall be liable for same. The aforesaid applies, unless the lessee can prove that the damage existed already at the time of handover of the vehicle. Previous damages must be recorded in writing in the rental agreement at the time of vehicle handover. Subsequent complaints will not be accepted. The lessee is also obliged to compensate the lessor for all consequential losses, including, but not limited to rental losses, if it should not be possible to re-rent the vehicle or if it is not possible to re-rent the vehicle as scheduled or if the lessor is not able to use it for its own purposes due to a damage caused by the lessee. In case of a write-off or in case of theft, the lessee shall be obliged to compensate the lessor for the period of time until a replacement has been procured, but not for more than 14 days, at the rental price agreed in the rental agreement. The lessee hereby expressly authorizes the lessor to retain or charge the due loss of rent / damages to the safety deposit or the credit card provided.
6. Vehicle Damages and Technical Defects not Caused by Accidents
The lessee shall be fully liable for all vehicle damages that are the result of operating errors during the rental term.
If, after handover of the vehicle to the lessee, any technical defects should occur in relation to the vehicle, which are not caused by an accident, which significantly limit the usability of the vehicle, both parties shall have the right to terminate the agreement with immediate effect if it should not be possible, to remedy the defect within the short term.
In case of termination, the lessee waives any further claims, unless the defect was caused by a gross negligent or intentional act of the lessor.
If the agreement terminates because of a termination with immediate effect due to a defect, the lessee shall remain liable for payment of the agreed rent up to the time of termination. The parties mutually waive any other claims - including, but not limited to damages, including damages for consequential harm caused by a defect. This waiver shall not apply if the defect was caused by gross negligence or intent on the part of the lessor.
7. Road Traffic Accidents, Limitation of Lessee's Liability
In case of a road traffic accident, unless it is only a minor accident, which does not significantly reduce the usability of the vehicle, both parties shall be entitled to terminate the agreement with immediate effect. If the agreement should be terminated in this manner, the lessee shall remain obliged to pay the agreed rent up to the time of termination. The parties hereby mutually waive any other claims, including, but not limited to damages including damages for consequential harm caused by a defect. This waiver shall not apply in respect of the lessor, if the lessee caused the road traffic accident by gross negligence or intent.
In case of accidents (also without third party involvement), fire, damage caused by game and other damages, the lessee must immediately notify the local police and ensure that the accident or the circumstances of the damage are appropriately recorded, notify the lessor and send the lessor a detailed accident report with attached sketch of the accident. In case of accidents with third party involvement, the license numbers of the involved vehicles, their third party liability insurance policy numbers, the names and addresses of the drivers and of any witnesses must be recorded in writing.
With all other road traffic accidents, the lessee shall be liable for all harm caused to the lessor by the accident, including, but not limited to repair costs or replacement procurement costs and loss of use. The lessee's liability for repair costs shall, however, be limited to the amount of the lessor's excess as provided for the vehicle in the rental agreement.
If the acts of the lessee after a road traffic accident (for example, failure to stop after an accident) or the acts of the lessee, that caused the road traffic accident, or if any other breach of duty on behalf of the lessee should result in the comprehensive insurance provider to assert exemption from liability under the insurance contract against the lessor, the lessee shall be fully liable for all financial harm suffered by the lessor. In this case, there shall not be any limitation of the lessee's liability to the excess amount.
If, after an accident or technical defect, that was caused or partially caused by the lessee, it should not be possible for the lessee to return the vehicle to the agreed place of return, the lessee shall be liable to pay € 2.00 plus VAT per kilometre for the transport from the place of return to the location of the vehicle and back.
8. Lessee's Liability
The lessor shall be entitled to refuse specific performance, if this should be impossible for the lessor. This shall in particular be the case, if, prior to the commencement of the rental term, the vehicle was damaged in a road traffic accident or as a result of a force majeure event during natural events, so that it can no longer be used, and if a repair or replacement is not possible prior to the commencement of the rental term or if same would require a level of effort that would, in consideration of the rental term and the agreed rental price and the principles of good faith, be disproportional to the lessee's interest in the performance of the service.
In case of non-performance as provided for under the preceding section, the lessee shall not be entitled to make any claims for damages against the lessor - irrespective of legal reason -, unless this is due to gross negligence or intent on behalf of the lessor. The lessor shall, however, be obliged to immediately return all received payments to the lessee.
The lessor shall not be liable for any harm caused to the lessee or passengers, unless such harm was due to gross negligence or intent on behalf of the lessor.
The lessor shall in particular not be liable for any harm caused to the lessee, if same is due to gross negligence, such as driving under the influence of alcohol or drugs, making telephone calls without suitable hands-free kits and facilitating theft.
The lessee is obliged to always keep the vehicle key separate and secure, i.e. not to leave it openly in a hotel room, for example. In case of theft of key and vehicle, the lessee's liability shall be up to the replacement value.
9. Choice of Law, Jurisdiction, Miscellaneous Provisions
The parties hereby agree the application of German laws in respect of their mutual legal relations arising under the executed rental agreement.
If the lessee should not generally be subject to German jurisdiction, the parties hereby agree the jurisdiction of German courts for the resolution of any legal disputes that may arise under the rental agreement or the right to use. The relevant court at the lessor's place of business shall have jurisdiction, unless exclusive jurisdiction rests with the Local Court (Amtsgericht) at the place, where the rented object is located.
If the lessee should fail to refill the fuel tank, fuel costs of € 3.25 will be charged. If the lessee should refill the vehicle with the wrong fuel, the lessee shall be fully liable for the collection, repair and all other damages caused to the vehicle by the lessee's negligence. During the rental term, any expenses for oil, window antifreeze and other service fluids, such as fuel, must be paid by the lessee.
10. Terms of Payment, Security Deposit
At the time of handover of the vehicle by the lessor, at the latest, the lessee shall pay the security deposit, that was agreed in advance. The rental amount must also be paid in full by the lessee at the time of handover of the vehicle. If the lessee should, despite reservation and advance information, not be in the economic position to pay the full rent amount plus the agreed security deposit in cash, by EC card or credit card, the lessor shall be entitled to demand the full rental price and to possibly cancel the rental agreement.
The security deposit has the purpose of securing any claims of the lessor arising under this contract and must be refunded to the lessee on return of the vehicle in the contractually agreed condition. The lessor shall be entitled to set the security repayment entitlement off against any claims arising under the same or a previous rental.
The vehicle may not - neither for payment, nor for free - be left to the use by third parties, unless this has been approved in advance, in writing by the lessor. If the lessor does not grant such approval or if the lessee should make the vehicle available to a third party without approval, the lessee shall be fully liable for any harm caused by misappropriation, perishing, theft or accident, as in such a case the vehicle will no longer be covered by the third party liability and comprehensive insurance.
In case of return of highly soiled vehicles and in case of return outside of the ordinary business hours and in case of collection from hotels or other agreed locations, the vehicle will only be checked in after thorough cleaning. Any damages, that are therefore only noticed at a later stage, must be immediately notified by the lessor to the lessee. The lessor shall be entitled to reduce the security deposit by the damage amount.
11. Reserving a Vehicle
When making a reservation, the lessor may demand an advance payment of up to 75% of the agreed rental price. It is hereby agreed, that if the reservation should not be honoured, the lessor shall be entitled to keep the advance payment as a reservation fee.
Free cancellations are only possible up to 28 days prior to commencement of the rental.
12. Payment for the Rental Object
Payment for the rental vehicle may be made either in cash, by bank transfer in advance or by EC card or credit card. In case of payment by credit card, the lessor shall be entitled to retain up to 5% of the amount of the security deposit as a credit card disagio.
Impressum:
Inhaber und Inhalt verantwortlicher:
Luxury Car Group
Michael Kos
Rostwaldstrasse 4
83471 Berchtesgaden
Telefon: +49 86 52.98 56 07
Telefax: +49 86 52.98 56 06
24/7 DE: +49 1 51.50 67 75 92
24/7 AT: +43 6 76.4 53 92 34
E-Mail: office(at)luxurycar-group.com
Internet: www.luxurycar-group.com
Umsatzsteuer-Identifikationsnummer gemäß § 27 a Umsatzsteuergesetz: DE 814697937
General Rental Conditions of LUXURY CAR GROUP Michael Kos – Rostwaldstrasse 4 – 83471 Berchtesgaden
Luxury Car Group
Stand: January 2012
