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General terms of LUXURY CAR GROUP | Michael Kos

. 1 Conclusion of binding lease
agreements or declarations that deviate from the contract require the written confirmation of the lessor and the lessee.
The lease is concluded between the Parties about. A transfer or assignment of rights from the lease by the tenant to other third parties is possible only with the express prior written consent of the landlord.

. 2 Termination, cancellation
is a date for the return of the vehicle is not determined (unlimited usage ratio) so the utilization ratio of either Party upon it statutory notice (§580a BGB) may be terminated.
For a limited period agreed rental contract the agreed rental period is binding on both parties , it can be extended or shortened only by mutual agreement.
the termination or cancellation of the contract is, except as bankruptcy, improper treatment, payment, ruled on both sides within the meaning of §543 BGB at an important reason.
the tenant is obligated to the vehicle no later than the specified date in the light of the usual time tolerances return (1 hour) to the landlord. Should the owner must pick up the vehicle is to be paid by the tenant the pickup. Are calculated for this € 2.00 excl. Of VAT. Per kilometer out from the company headquarters and back.
The utilization ratio is not automatically renewed if the tenant the vehicle does not pass on time. In case of late return, the landlord is entitled to compensation in accordance with §546 BGB amounting to the agreed rent by the tenant.
The agreement may be terminated by the landlord with immediate effect if the lessee despite one warning his obligation for payment.

. 3 Prohibited use, participation in the public roads, sublets
The use of the vehicle is only allowed in Germany, Austria and Switzerland. Will the tenant to use the vehicle in other countries, so this is a prior written consent from the owner is required.
Generally not permitted by the owner is the use of the vehicle for the following purposes:
-. Participation in racing, driver training, off-road driving and similar purposes
- transporting highly flammable, toxic or other dangerous substances.
- Any use in connection with the commission of crimes or customs and tax offenses
. in particular the transport of substances that fall under the narcotics Act
the use of the vehicle is not permitted unless the tenant or driver fails is own a valid driving license, a driving ban exists or the license has been provisionally withdrawn. The same applies if the tenant or driver is intoxicated. Accidents or damage which happened on the vehicle while alcohol influence to bear by the tenant at 100%.
The owner is not responsible for the suitability of the vehicle for the intended purpose by the tenant. Compliance with existing legal regulations and laws is the sole responsibility of the tenant. This is especially true for the enforcement of traffic laws when participating in public road traffic.
Subletting is expressly prohibited and entitles the owner to immediate, immediate termination of the contract. In this case, the owner is the full contractual rent to, unless the owner has consented to the sublease writing.
Turning off the electronic driving aid is prohibited and will void the insurance coverage to be.

. 4 Technical changes
The tenant may not make any technical changes to the vehicle, unless this is done with the written consent of the landlord.
Technical changes the tenant will not be reimbursed.
The lessee shall have no authority to vary the car look, these include in particular sprays , stickers or adhesive films.

. 5 General custody obligations of the tenant, Liability
The tenant is obliged to treat the vehicle from the time of handing over so and to use, as it would do to maintain the value of thoughtful owners a sensible. In particular, the tenant is obliged at his expense:
- The vehicle in extreme weather conditions (eg hail, storm, flood, snow) must be adequately secured.
- To the vehicle in concern of damage due to vandalism at his own expense in accordance with
secure, for example, by stopping at a secured garage.
- signaling the warning lights in the vehicle (eg oil level oil pressure, water temperature, brake wear,
o other.) a problem, so the tenant is obliged to behave in accordance with the applicable time in the user manual for the vehicle instructions.
the tenant is liable for all damage to the vehicle, the result of an injury to his care obligations in accordance with the above regulations arise unlimited. Insofar taken damage from the collision damage waiver existing for the vehicle (eg hail damage) but limited to the amount of the agreed deductible.
The tenant is liable for all damages incurred Due to improper handling or excessive strain on the vehicle. The tenant is liable to the same extent without any fault for damage caused by his passenger, helpers or family members or other third parties. This applies even if that should not be to determine which person has caused damage, or the identity of a person or of damage founder can not be released. The tenant is responsible also for consequential damages which the landlord shortly after letting Notes (eg coupling damage, gear damage) which are not covered by the manufacturer's warranty, as these losses are due to the improper handling this must be borne by the tenant in full.
Effective the date of satisfaction of all claims for damages from the landlord by the tenant takes the landlord from all his might to third persons are entitled to claim damages for the purpose of asserting to the tenant. If damage is detected during the return of the vehicle, so the cause of the damage and the liability for the damage of the tenant is presumed in accordance with the above regulation, unless the lessee proves that the damage was already present at the takeover of the vehicle. Previous accidents are recorded in the rental agreement in writing when taking over the vehicle. Subsequent complaints will not be accepted. The tenant is obligated to the landlord to replace all consequential damages including the loss of rent, if the vehicle can be more due to a landlord by the tenant caused damage not or not in time, or the landlord can not use it for their own purposes. At a total loss or theft of the tenant is obliged during the period of the new acquisition, but maximum of 14 days, at a previously agreed in the lease rental price to reimburse the landlord. The tenant allows the owner owed Mietausfall / expressly withhold compensation from the deposit paid or by the deposited credit card or collect.
6. Non-accidental damage to the vehicle and. Technical defects
The tenant is liable for all damage to the vehicle, which are due to operator error during the rental period, unlimited.
If after the delivery of the vehicle to the tenant not accidental technical defects on the vehicle, the essential usability limit, both parties are entitled to terminate the contract with immediate effect without notice, provided that it is not possible to correct the defect by repairing the short term.
the tenant waived in the event of termination on all other claims, unless the defect is a gross negligence or intentional behavior of the landlord cause.
If the agreement ends due to a termination without notice in accordance with a defect remains the tenant to pay the agreed rent until the date of termination obligation. In all about existing further claims, in particular damages, including compensation for consequential damages, the parties renounce mutually. This waiver does not apply if the defect by the proprietor is gross negligence or intent to represent.

. 7 Traffic accidents, limitation of liability of the tenant
in the case of a traffic accident, provided it is not just a minor incident through which the fitness for use of the vehicle is not substantially limited, both parties are entitled to terminate the contract with immediate effect. If the agreement ends by the tenant remains liable for payment of the agreed rent until the date of termination of obligation. In all about existing further contractual claims, especially claims for damages, including compensation for consequential damages, the parties renounce mutually. This waiver applies the part of the landlord not apply if the tenant has caused the traffic accident gross negligence or intent. In case of accidents (even without external influence), fire, game damage and other damage, the tenant must be called immediately the local police and to ensure the absorption of the accident or the event occurred, to notify the owner, the owner come to a detailed accident report with the attached accident sketch blank, in case of accidents with foreign exposure, the characteristics of the vehicle involved and their liability insurers and the names and addresses of the drivers and the witness must be recorded.
in all other traffic accidents the tenant is liable for any accidental damage of the landlord, especially repair costs or the cost of replacement and loss of use , The liability of the tenant in the repair costs, the amount is limited to the amount of the excess from the owner in accordance with the scale for the vehicle height in the lease.
Does the behavior of the tenant after a traffic accident (eg accident flight) or the behavior of the tenant that the traffic accident was the cause, or any other breach of obligation of the tenant to which can safely invoke the risk of the vehicle hull insurance of any exclusion in the insurance contract to the landlord, the tenant is liable without limitation for any financial losses from the owner. A limitation of liability of the tenant in the amount of the excess does not occur in this case.
If the vehicle is for a debt or part of debt by the tenant accidents or technical failures can no longer be brought by the tenant to the agreed return location, the tenant is liable for € 2, - per KM for transportation from the drop off point to and back again.

. 8 Liability of the tenant
The landlord can refuse the service, where this is impossible for the landlord. This is especially the case when the vehicle was damaged as a traffic accident or force majeure at natural events before the start of the rental period, it is no longer high usage, and repair or replacement before the lease was no longer possible, or expenses . would have required, which is under consideration of the rental period and the agreed rent and the principle of good faith, is grossly disproportionate to the power interests of the tenant
in the event of non-performance in accordance with the preceding paragraph, claims for damages against the owner - for whatever legal reason - excluded unless the lessor is guilty of gross negligence or intent. The landlord is obliged to repay all amounts received to the tenant immediately.
The owner is not liable for damage the tenant or passenger and, unless the owner is accused of a causal for the damage through gross negligence or intentional conduct.
The owner is liable in particular for damages of the lessee that are attributable to gross negligence, such as drinking and driving -. the influence of drugs, calls without a handsfree kit and enable theft
the lessee is kept the car keys always secured committed separately, that never are freely accessible as in hotel room allow. In case of theft of keys and vehicle the tenant is liable to the replacement value.

. 9 Choice of Law, Jurisdiction, Miscellaneous
The parties agree the application of German law for their mutual legal relations from the closed contract.
In the event that the tenant has no general jurisdiction in Germany, the parties agree the jurisdiction of German courts to rule on disputes that might result from the lease or use ratio. Responsible is intended to be the court where the landlord has his general jurisdiction, unless the District Court has exclusive jurisdiction, where there is the let property.
Fuel expenses in case of not filling the customer be charged in the amount of € 4,25. In case of misfuelling part of the tenant, shall be liable in full for the retrieval, repair and all damages caused by his carelessness on the vehicle. Cost of oil, washer antifreeze and other resources such as inter alia fuel are to be borne by the tenant during the rental period.

10th Payment, security deposit (Deposit)
The tenant paid not later than the delivery of the vehicle by the owner a deposit, which has been agreed by both parties. The rental amount is payable by the tenant when handing over the vehicle also completely. If the renter despite reservation and preliminary information is not in the economic situation and the full rental amount plus. The agreed deposit in cash, debit card or credit card to deposit, the landlord is entitled to demand the full rental price and possibly cancel the lease.
the deposit serves as security for all claims of the lessor under this contract and must be paid on return of the vehicle in the contract zugesichertem condition to the tenant. The landlord may set off against the Kautionsrüchzahlungsanspruch with receivables from or lying in front tenancy.
The vehicle without the prior written consent of the landlord not third parties be left to use, neither for payment nor free of charge. Authorizes the landlord no consent, or leaves the tenant the vehicle without the consent of a third party, he shall be liable for any damages of embezzlement, loss, theft or accident the full amount because the vehicle in this case by the liability and damage waiver no longer is covered.
for redemptions of highly polluting vehicles, as well as for returns outside business hours, as well as pick-ups in hotels or other agreed places the vehicle is checked only after thorough washing. Damage which may therefore be noticed later must be reported immediately to the tenant by the landlord. The landlord is entitled to minimize the security deposit to the amount of damage.
11. Reservation of the vehicle
On conclusion of a reservation, the landlord may require a deposit of up to 75% of the agreed rental. When not meet the reservation by the tenant shall be deemed agreed that the landlord collected the advance as reservation fee.
Free cancellations are possible only 28 days before arrival.

12. Payment of the rental property | Severability
The payment of the rental vehicle may be either in cash, by bank transfer, by debit or credit card. In the case of payment by credit card, the landlord is entitled to up to 5% from the deposit sum withheld as Kreditkartendisagio.

Should individual provisions be or become invalid, this shall not affect the validity of the remaining agreements. An invalid provision shall be designed so that it is both effective and on the other hand the pursuit of invalid provision is achieved as far as possible.


Content responsible:
Luxury Car Group
owner: Michael Kos
D-83483 Bischofswiesen

Phone: +49 86 52/97 71 31 60
Fax: 86 52/97 71 32 00 +49

24/7 DE: +49 1 51.50 67 75 92

24/7 aT: +43 6 53 76.4 92 34

e-mail: office (at)

tax identification number according to § 27a sales tax law: DE 814 697 937

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Luxury Car Group | Michael Kos

Stand: April 2016
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