General terms and conditions of the company Ina Röttger
The company Ina Röttger Rentals & More, Nordstr. 10, 95131 Schwarzenbach am Wald
A. Car rental:
§1. Rental Purpose
Company Röttger rents out a vehicle for normal use on public roads to the extent agreed on the order or reservation confirmation.
(1) The lessee is responsible for ensuring that the driver has a valid driving licence for the vehicle and that all other legal regulations which apply to the operation of a vehicle are observed.
Furthermore, care must be taken that smoking is not allowed in the car.
(2) The vehicle is insured fully comprehensive, the following deductibles are agreed: 2.500,- € for fully comprehensive insurance; 1800,- for partially comprehensive insurance and 500,- for liability damage.
In the case of coaches, these values are increased by 50% in each case.
(3) The ownership, in any legal sense, is transferred to the renter during the rental period. Energy costs, as well as all other costs arising from the operation of the vehicle (e.g. road tolls) are borne by the renter.
(4) The Lessor must be notified before repairs are carried out, even if these are to be carried out under the vehicle warranty. Damage caused by negligent or improper handling shall be borne by the hirer.
(5) The rental price is paid in full for the entire rental period before takeover. If the agreed installment payment is late, the entire remaining amount is then due immediately if the tenant is more than three days late.
§3. Rental Period
The rental period is confirmed on the reservation confirmation and is binding.
§4. Cancellation Regulations
In case of withdrawal from a bindingly reserved and confirmed rental transaction by the lessee, the following compensation is to be paid if the lessor cannot find another, equivalent replacement
– Up to 4 weeks before the start of the rental period: no compensation
– Up to 3 weeks before the start of the rental period: 10 % of the rental fee for the planned period
– Up to 2 weeks before the start of the rental period: 20 % of the rental fee for the planned period
– from ten days: 30% of the rental fee for the planned period
– from seven days: 40 % of the rental fee for the planned period
– from three days : 90% of the rental fee for the planned period
§5. Vehicle Takeover/Return
At the handover and return of the vehicle, a form will be prepared on which the corresponding damage and special features will be agreed. Vehicles are always to be handed over and returned with at least 55% battery level and are considered returned when the return takes place at the agreed place and a proper takeover by the lessor is possible.
If the vehicle is returned at the end of the rental period, the Lessor will draw up a return protocol in cooperation with the Lessee. The renter is liable for all defects listed therein which are not subject to normal use and for which no other party can be claimed (e.g. warranty). This applies in particular to scratches, dents, dents, damage to the underbody, damage to tires and rims (especially aluminium) and all defects associated with improper handling.
§6. Rental Fee, Compensation For Use And Special Tariffs
(1) The prices of the price list valid at the time of rental of the vehicle apply (see website). The rental price is also noted on the rental form. The rental price is based on the desired rental vehicle group and consists of a basic rental price, fees for driven multiple kilometers of 0.40 Euro per driven extra kilometer, special services and any location surcharge.
Special services are in particular one-way fees, costs for energy refueling and energy costs, service fees, accessories and extras (e.g. snow chains, child seat, etc.) as well as delivery and collection costs.
(2) Special tariffs shall apply in each case only for the period offered and on the agreed terms and conditions and, in addition to payment of the special tariff on the due date, presuppose that the contractual commitment is made for the agreed rental period and on the agreed terms. Otherwise, the normal rate, not the special rate, applies for the entire rental period.
(3) As a one-way fee, a lump sum of 1 Euro per kilometer travelled one-way is charged for the transport of the vehicle. The lessee is free to prove that a lower amount for the transport, including any personnel costs incurred, should be charged to the lessor.
(4) The lessee is free to use the so-called Tesla Supercharger charging stations within the Federal Republic of Germany free of charge.
§7. Payment/Due Date
(1) The complete rental price of the motor vehicle is due in full in advance at the beginning of the rental period and in the case of a telephone or written extension of the rental agreement at the beginning of the respective rental extension in full in advance. If the agreed rental period exceeds 28 days, the rent is payable in periods of 28 days and at the beginning of each period. A rental extension is regarded as the start of a new settlement period. A compensation for use to be paid is due daily and afterwards.
(2) Should the assignment of an approved collection agency become necessary in the event of default by the lessee, the lessee shall bear the costs incurred thereby.
The tenant agrees, revocable at any time, that the landlord may send invoices as PDF files to the e-mail address provided by the tenant at the time of rental or otherwise (§ 14 para. 1 sentence 7, 8 UStG).
§9. Deposit/Security Deposit
(1) Unless otherwise agreed, the lessee is obliged to pay a sum of money in the amount of € 2,500 as cash security (deposit) at the beginning of the rental period or at the time of rental or conclusion of the contract and at each extension of the rental contract for the fulfillment of his obligations. If more than one month’s rent has been agreed upon, the Lessor has the right to demand as security up to twice the gross monthly rent.
(2) The landlord is neither obliged to pay interest on the security deposit nor to keep it separate from its assets.
(3) The landlord may also assert their claim for the provision of a security during the lease. In this case, the security shall become due for payment upon receipt of the request for performance.
§10. Documents To Be Presented When Renting
(1) When handing over the vehicle, the authorized driver must present a driving license required for driving the vehicle and valid in the country of rental, the lessee must also present a valid original identity card or valid original passport.
§11. Further Obligations Of The Tenant
The vehicle will not be moved outside paved roads.
To keep the vehicle properly locked in all parts as long as it is not being used and/or left, to engage the steering wheel lock (if available), to take the vehicle keys and papers (or their copy) and keep them inaccessible to unauthorized persons and to park the vehicle in such a way that there is no danger to the battery, to secure cargo properly and in accordance with the legal regulations against slipping, and to handle the vehicle carefully and professionally.
Not to use a possibly available function for autonomous driving or to use it only at your own risk and not to take your hands off the steering wheel;
In case of failure of the mileage counter, the renter has to inform the lessor immediately.
In the event of technical warnings of the on-board computer or other technical equipment of the vehicle as well as clearly perceptible noises indicating a malfunction, the lessee must immediately make sure that the vehicle can continue to be operated without risk and, in case of doubt, put the vehicle out of operation before damage occurs.
Prohibited is in particular
the use of any function for autonomous driving, unless this is expressly at the lessee’s own risk;
the transport of passengers on a commercial basis or for the purpose of any profit, in particular also in the context of carpooling;
stickers or making of other external changes to the vehicle;
the use of the vehicle for test purposes and the participation with it in motor sports events.
– Driving under the influence of alcohol or other substances restricting the driver’s ability to drive, the level of which is likely to impair the driver’s ability to drive (≥ 0.0 ‰ per mille for blood alcohol content), as well as driving which, due to the driver’s condition, represents a danger to third parties and/or passengers. The hirer will be held fully liable for any consequences and costs arising from an infringement.
the transport of hazardous substances in the sense of the German Ordinance on Hazardous Goods Road and Railway (GGVSE) or otherwise hazardous substances, in particular also with regard to electric vehicles;
the transfer of the vehicle to drivers not registered and registered with the lessee.
§12. Use Of The Vehicle/Repairs
(1) The renter undertakes to use the vehicle only in the contractually agreed manner and to treat it with care, in particular to familiarize himself/herself sufficiently with the dimensions of the vehicle before the start of the journey in order to be able to observe clearance heights and passing restrictions properly and to estimate curb heights correctly;
(2) If a repair to the vehicle becomes necessary during the rental period through no fault of the lessee, this may only be carried out with the consent of the lessor.
(3) If the rented vehicle allows online access by the Lessor to vehicle data, the Lessee must allow this access. The Lessor receives the express right from the Lessee to access the vehicle data also during the rental period, whereby the Lessor assures that all regulations of the Federal Data Protection Act and other laws protecting the Lessee will be observed. This collected data is only used for internal evaluation and vehicle safety.
(4) The battery charge level must never drop below 50 km.
(1) Both parties may terminate a rental agreement without notice for good cause. An important reason for a termination by the lessor is in particular
– a significant deterioration in the financial circumstances of the tenant, or
– an insolvency of the tenant;
– an unauthorised, even temporary, transfer of the vehicle abroad, or
a grossly improper and/or unlawful use of the vehicle, or
a substantial damage to the rented vehicle culpably caused by the renter and/or driver, or
– if the tenant is in default of payment of the rent due in full or to a not inconsiderable extent for at least 7 days, or in default of payment of the security deposit due after the start of the rental period or upon extension of the rental agreement in full or to a not inconsiderable extent for at least 3 days, or
upon a justified request by the Lessor, which is made within a reasonable period of time and gives reasons, the Lessor does not grant the Lessee the opportunity to inspect the vehicle, although this would be reasonable, or if the Lessee and/or his vicarious agent
– has deliberately provided false or significantly incomplete information about himself or the driver, or
– has unlawfully concealed or attempted to conceal damage to the rented vehicle.
§14. Personal Data
(1) The personal data of the lessee/driver will be collected, processed and used for the purposes of establishing, implementing or terminating the contract by the lessor or a third party commissioned by the lessor with the on-site rental. The following personal data of the tenant may be affected:
Name, address, e-mail address, telephone and fax numbers, date and place of birth, driver’s license data, customer numbers, legal form of an owner company as well as rented vehicles, damage caused to these vehicles, outstanding claims, dates of acceptance and restitution.
This data will not be used outside the company of the lessor and will not be passed on.
§15. Notification Of Damage
If, during the period of use of the vehicle, persons are injured or killed or property is damaged or destroyed (third party liability), the lessee must notify Company Röttger immediately, even if he/she believes that the injured party or his/her surviving dependents are not entitled to compensation from the owner or driver of the vehicle. The same notification is required if the vehicle itself or its parts stored under lock and key or attached to it are damaged, destroyed, stolen or lost (hull).
The damage notification must in particular indicate
– the date and time of the accident
– the scene of the accident
– the address of the driver of the leased vehicle, as well as the data on the driving license (class, issuing authority and date of issue)
– the address of the other party involved in the accident, if any, and the registration number of his vehicle.
– a detailed description of the circumstances of the accident (including a sketch if possible).
– whether and by which authority a police report was made.
– who might be an eyewitness.
– Material damage or personal injury to third parties (liability damage).
– who the repair order is issued to.
– how much the repair shop in question estimates the repair costs without obligation
– the extent of the damage, namely:
– on the vehicle itself (hull damage)
– Property damage and personal injury to third parties (liability damage)
§16 Extended Tenant Liability
The renter is liable for damages caused by him, one of his employees or agents or the respective driver of the vehicle. Cases in which the insurer has to regulate, but can take recourse against the customer or his driver due to legal regulations, do not affect the lessor.
For warnings to be passed on (speeding, parking fees, etc.), € 20.00 + 19% VAT processing fee will be charged per offense.
B. Vehicle Trade
The following conditions apply:
§18. Liability For Own Journeys
The above-mentioned deductibles apply to trial and transfer runs:
2.500,- € for fully comprehensive insurance; 1800,- for partially comprehensive insurance and 500,- for liability damage.
In the case of coaches, these values are increased by 50% in each case.
§19. Liabilities From Purchase Contracts
A sales contract is considered as agreed upon if it is agreed upon in writing for private persons. In this case a right of withdrawal of 14 days applies in the sense of the Distance Selling Act. Should the buyer arrive at the purchase decision on site and after inspection, the Distance Selling Act does not apply.
For commercial buyers, an order confirmation sent to the buyer by email or by post is sufficient to fix a purchase, regardless of whether the buyer countersigns or not.
In the event of withdrawal from the purchase, the following reimbursable expense allowances apply:
10% of the net purchase price but at least € 5,000 for passenger cars, € 10,000 for electric vehicles, € 15,000 for commercial vehicles.
§20. Delivery And Delivery Dates
Delivery dates are not binding unless otherwise expressly agreed.
If a delay in delivery is caused by the buyer (not bringing in payments or documents), the seller can demand standing charges (car 10,- €, commercial vehicle 25,- € / day plus the respectively valid VAT) and interest compensation of 5% above the basic interest rate for payments not received after 7 days from the delivery date or the notification of readiness.
§21. Reservation Of Title
The object of purchase remains the property of the seller until full payment has been made.
In case of default of payment by the buyer or non-acceptance, the seller can withdraw from the purchase contract. The Buyer and the Seller agree that the rates agreed upon in § 19 shall apply, plus any special expenses (loss in value due to admission, use, damage, etc.).
§22 Guarantee, Warranty, Liability For Material Defects
For commercial purchases, the basic rule is that these are made without guarantee, liability for material defects and warranty. Possible manufacturer’s guarantees or benefits to be transferred which concern the vehicle are left to the buyer free of charge, as far as this is possible according to the conditions.
For private customers, the statutory periods apply.
§23. Maintenance And Settlement Of Damages
The seller is only liable in the case of gross negligence and fraudulent misrepresentation.
In the event of a dispute, both contracting parties should approach each other and try to find a reasonable, mutually acceptable way forward.
§24. Place Of Jurisdiction And Place Of Delivery
For both parts it is exclusively Hof. Oral subsidiary agreements have not been made and must be made in writing.
§25. Salvatory Clause
Should one or more paragraphs be void, the others remain unaffected.