Terms and Conditions of Rental
§ 1 Reservations
Reservations confirmed by the rental provider are binding. Cancellations must be made at least 24 hours prior to the start of the rental term. If cancellation is not made on time, the contractual fee is payable unless the vehicle is rented to a different customer. The rental customer then has the opportunity to determine that the rental provider suffered a smaller loss than the amount in question or no loss. In such case the rental customer shall only be required to pay actual costs incurred.
§ 2 Vehicle return
Vehicles can only be returned at the agreed time during the rental provider’s regular business hours. After ending of the rental term or if the contractual rental term is exceeded, the rental provider is entitled to take possession of the vehicle at any time.
§ 3 Rental fees/pricing
The rental provider is entitled to demand a rental prepayment before providing the vehicle to the rental customer. The rental fee is due in full and without conditions upon return of the vehicle. Default interest shall be charged if the rental customer is in payment arrears at a rate of the European Central Bank base rate plus 5%, subject to a minimum 10%.
§ 4 Fuel
The rental provider provides the vehicle in roadworthy condition and a full tank of fuel. The rental customer must return the vehicle with the tank full. If the rental customer does not return the vehicle with a full tank, the rental customer is charged fuel costs plus a surcharge for the extra time and effort this requires of the rental provider.
§ 5 Vehicle usage
1. A vehicle may only be used by the driver/s stated in the rental agreement.
2. The rental customer is prohibited from participating in motor sports and similar events. The same applies to international travel, unless the rental provider has provided express approval in writing.
3. Oil and water levels and tyre pressures must be regularly checked during the rental period. The rental customer shall be liable for damages resulting from non-observance of these obligations.
4. Orders for repairs which become necessary during the rental term in order to ensure operational and road safety for the vehicle may only be placed with prior express approval by the rental provider, unless the estimated cost of such does not exceed €100.00. Proper documentation must be presented for reimbursement of repair costs for which the rental customer is not liable.
§ 6 Insurance
The vehicle is insured in accordance with the Terms and Conditions of the rental contract agreed and/or signed by the customer. If the vehicle is being operated using the customers own insurance then the customer and/or their insurance provider is liable for any and all damages and costs associated with the rental vehicle – direct and indirect.
§ 7 Rental customer’s liability/obligations in case of accident and/or other damages
1. The rental customer is responsible for the cost of repairing damage to the rented vehicle caused by an accident when at fault for the accident, as well as towing costs, loss of value and appraiser fees, and in case of a total loss the replacement value or agreed deductible per claim.
2. If a limitation of liability (Excess) is agreed for accidents caused by the rental driver for an additional fee, the rental provider shall indemnify the rental customer as under comprehensive insurance with deductible covering the rented vehicle. If multiple damage incidents occur during the rental term, the deductible is payable by the rental customer for each claim. The individual cost amounts for reducing liability and the deductible amount can be negotiated individually.
3. Such indemnification does not apply to damages caused by prohibited usages or breaches of the rental customer’s action obligations in case of an accident. The rental customer’s liability is unlimited for damages caused with wilful intent. In cases of gross negligence causing damages, the rental provider is entitled to reduce the indemnification amount payable to the rental customer accordingly to reflect the severity of the rental customer’s culpability. The rental customer furthermore has unlimited liability for any damages resulting from either use by a non-authorised third party or from prohibited usages (e.g. motor sports, vehicle use in criminal offences, including acts that are only offences under the laws of the place where the offence was committed, re-rental) – see § 5 – or caused by improper handling/operation of the vehicle, such as improper gear shifting or improper fuelling, or caused by cargo.
4. In case of accidents, theft, fire, damage caused by game animals or other damage, the rental customer or authorised driver must immediately notify the police and the rental provider, record the names and addresses of parties involved in and witnesses to the accident, and is prohibited from admitting liability to third parties. The rental provider shall arrange necessary salvage operations and repairs in all cases. The rental customer agrees to promptly provide to the rental provider a detailed accident report including a sketch diagram. The accident report must in particular include the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved. Should the rental provider be unable to successfully assert claims over damage to the vehicle due to breaching of the above requirement with the provider’s insurer or any third party, the rental customer shall be liable for the full amount of damages incurred by the rental provider due to culpable failure to meet the above obligation.
§ 8 Rental provider's liability
Statutory liability provisions limit the rental provider's liability to cases of wilful intent and gross negligence, unless this is covered with priority under a liability insurance policy in place for the vehicle. Further claims on any legal grounds whatsoever are excluded.
§ 9 Data usage and consent
The rental provider is responsible for forwarding the rental contract to Euromobil Autovermietung GmbH and its Agents, Subsidiaries or Franchisees in each Country. The rental customer consents to the processing and use of his/her personal data as required for contract execution and providing customer service. The data necessary for these purposes is forwarded to external service providers as well for contract execution. Any promotional use thereof is solely for the provider’s own promotion purposes.
§ 10 Severability, collateral agreements, written form requirement
The invalidity of one or more of the provisions of this agreement shall not affect the validity of the remaining provisions. No verbal collateral agreements have been made. Changes to this agreement must be made in writing. This written form requirement may not be waived by verbal agreement.
§ 11 Place of performance
The place of jurisdiction for any disputes arising from this agreement shall be that of the rental provider’s registered office. This applies also to disputes over cheques or notes payable.
§ 12 Place of jurisdiction
The place of jurisdiction for any disputes arising from or in connection with this agreement shall be that of the rental location’s registered office
Last updated: May 2013