Landlords may charge check-out fees

General rental conditions Fuhrwerk Plus long-term rental (status: 12/2020)

1. Subject matter of the contract

1.1 The lessor, Fuhrwerk Plus GmbH, Thomas-Mann-Straße 16-20, 90471 Nuremberg, provides the lessee with a non-smoking vehicle (hereinafter referred to as "vehicle") for a fee (according to the currently valid list of prices and charges).

1.2 The lessor is entitled, in agreement with the lessee, to take back the vehicle at any time and to replace it with a comparable vehicle that corresponds to the specifications of the contractually agreed vehicle.

2. Handover of the vehicle, provision and default of acceptance by the lessee

2.1 The lessor is obliged to hand over the vehicle to the lessee at the agreed time and at the agreed location without any technical defects that impair traffic safety. The renter is obliged to take over the vehicle when it is made available at the agreed time.

2.2 When the vehicle is handed over, a joint report on the condition of the vehicle (check-out report) is drawn up and signed by the lessee and lessor or an authorized employee of the lessor. Complaints by the tenant must be recorded in the protocol. Both parties declare the content of the minutes to be binding.

2.3 The renter and all drivers must be at least 21 years old when the vehicle is handed over and have been in possession of a German driver's license required to drive the vehicle, a valid means of payment and an identity card with a residence in Germany or a German passport for at least 2 years Submit residence permit. If the lessee cannot present the documents when the vehicle is handed over, the lessor will withdraw from the contract. Claims of the tenant for non-fulfillment are excluded in this case.

2.4 If the renter does not take over the vehicle at the latest one hour after the agreed time, the reservation is no longer binding. If you cancel, the costs according to the attached list of fees apply.

3. Authorized drivers

3.1 Apart from the renter, the vehicle may only be driven by other persons with the prior express consent of the lessor. The lessor's consent also applies to the rental agreement with first and last name and driving license number. registered other persons as granted.

3.2 All rights and obligations of the agreement apply in favor of and to the detriment of the authorized driver.

4. Use of the vehicle

4.1 The vehicle may only be used on public roads, but not for off-road drives, driving school exercises, in connection with motorsport or for driving on racetracks, even if these are approved for test and practice drives for the general public (so-called tourist drives). Sub-letting, commercial passenger transport and any other transfer to third parties other than authorized drivers in accordance with section 3 are also prohibited.

4.2 The operating instructions of the vehicle manufacturer - also with regard to the prescribed fuel - must be complied with, as well as the statutory provisions applicable to the use of the vehicle.

4.3 Tenants / drivers are not allowed to drive the vehicle under the influence of alcohol, drugs or medication that impair the ability to drive.

4.4 The lessee bears all costs in connection with fees charged for the use of certain traffic routes (e.g. tolls) and provides all cooperation obligations required in connection with the collection of the fees. Costs for the fuel used during the rental period are borne by the renter.

4.5 As long as the vehicle is not in use, all parts of the vehicle must be kept locked; the steering wheel lock must be engaged. When leaving the vehicle, the renter / driver must take the vehicle keys and papers and keep them inaccessible to unauthorized persons. The convertible top must be closed on convertibles.

4.6 The renter is only permitted to enter and / or pass through the vehicle in the following countries:

Andorra, Belgium, Denmark, Faroe Islands, Finland, France, Ireland, Iceland, Italy, Corsica, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, Norway, Austria, Portugal, San Marino, Sweden, Switzerland, Spain (mainland), Vatican City, United Kingdom.

The landlord reserves the right to block entry and transit in the aforementioned countries in general or on a model-specific basis.

The stay in the aforementioned countries must not exceed 30 days without interruption.

4.7 The renter is generally prohibited from entering and / or passing through the vehicle in any of the countries in the world not mentioned under 4.6.

The renter is prohibited from entering and / or passing through the following countries in particular with the vehicle:

Albania, Bosnia-Herzegovina, Bulgaria, Estonia, Greece, Israel, Yugoslavia, Croatia, Kosovo, Latvia, Lebanon, Lithuania, Morocco, Macedonia, Moldova, Montenegro, North Africa, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Spain (islands), Syria, Czech Republic, Tunisia, Turkey, Hungary, Ukraine, Belarus.

It is also forbidden to bring or transport the vehicle in any other way to the countries mentioned in 4.7.

4.8 These prohibitions do not apply if the landlord has expressly approved in writing prior to entry.

4.9 In case of doubt, the tenant must contact the landlord before entering or passing through abroad and obtain their approval.

4.10 Violations of the entry rules entitle the landlord to terminate the rental agreement without notice.

5. Connected vehicles

5.1 Vehicles can have so-called "connected vehicle" functionalities that enable us to process location data and information about the vehicle status such as the due date of the next service interval, locking, vehicle speed, the status of vehicle sensors and the triggering of safety systems (e.g. airbags ) enable. This data is processed exclusively for the purpose of handling the rental process (use of the app, online validation, legitimation and reservation as well as rental via the app), to prevent property crimes if you do not return the vehicle within the agreed rental period or outside (and near the border or in port areas) of the contractually agreed area for the maintenance and care of our fleet and the detection, inspection and clarification of vehicle damage and accidents. We collect this data ourselves or receive it from the respective vehicle manufacturer.

5.2 Insofar as we process the data in order to handle the rental process, Article 6 Paragraph 1 Clause 1 lit.b GDPR is the relevant legal basis. According to this regulation, we are allowed to process the data without your consent if this serves to fulfill a contract to which you are a party. Here, the lease is the relevant contract that we fulfill by providing the app that requires these processing operations. We always save the data until the end of the tenancy. However, if the usage relationship ends within six years since the data was collected, we will store the data for at least six years, with this retention period beginning at the end of the calendar year in which we collected your data. The legal basis for this minimum retention period is Article 6 Paragraph 1 Clause 1 Letter c GDPR in conjunction with Section 147 AO.

5.3 Insofar as we process the data for the other purposes mentioned above, Article 6 Paragraph 1 Clause 1 lit.f GDPR is the relevant legal basis, according to which we are allowed to process the data even without your consent, if they are legitimate for our or third parties Interests is necessary, unless your interests or fundamental rights and freedoms, which require the protection of personal data, outweigh them, especially if the person concerned is a child. Our interest follows from our legitimate concern to ensure the integrity of the rental property. We store the data until it is no longer required to fulfill this purpose, unless this is prevented by a longer retention period (see above). You have the option to object to the processing. This by sending an informal message to one of the above-mentioned contact channels. If your objection is justified and there is no other retention period to the contrary (see above), we will then delete the data.

6. Damage event (accident, theft, fire, breakdown, etc.); Duty to notify, obligations

6.1 The renter or driver is obliged to notify the police immediately in the event of any damage (accident, fire, theft, damage caused by game or other damage). If you cannot be reached by telephone, the incident must be reported to the nearest police station. This also applies to minor damage to the vehicle and accidents caused by yourself without the involvement of third parties.

6.2 The tenant must immediately report any damage to the landlord. The lessor must be informed in writing by the lessee in the form of an accident report of all the details of the event that led to the damage to the vehicle. The accident report must contain the names and addresses of those involved in the accident, witnesses and the registration numbers of all vehicles involved. If available, police documents and file numbers must be attached to the accident report. Forms for accident reports are in the vehicle or can be obtained from the rental company.

6.3 Tenants or drivers must take all measures that serve to clarify the damage event and are beneficial. Questions from the lessor about the loss event must be answered completely and truthfully. The site of the accident must not be left before the necessary and, in particular, important determinations for the lessor for assessing the damaging event have been made.

6.4 The accident / damaged vehicle may only be left standing if there is adequate security and security.

6.5 The repairs to the damage caused by the accident are carried out by the lessor. In the event of damage, the renter is obliged to bring the vehicle to the agreed return location. The lessor is always entitled to compensation in connection with damage to the vehicle. If the tenant has received such services, he must pass them on to the landlord.

7. Insurance

7.1 The rental price includes motor vehicle liability insurance at least to the extent required by law in Germany under the Compulsory Insurance Act (PflVG).

7.2 Furthermore, there is a full and partially comprehensive insurance with a deductible for the tenant of € 2,000.00 per claim.

In the event of a self-inflicted accident, the user has to assume the excess or to pay costs up to this amount to the lessor even without making use of the insurance or in the event of damage to the opposing vehicle.

7.3 The General Insurance Conditions of R + V Allgemeine Versicherung AG apply, available at: https://www.choice.de/AKB.pdf

8. Liability of the lessee

8.1 The lessee is liable for damage to the rented vehicle or damage caused by its operation during the term of the rental contract, the loss of the vehicle (including vehicle parts and accessories) as well as breaches of the rental contract in accordance with the general liability rules. The tenant is not liable if the tenant is not responsible for the breach of duty causing the damage or loss. The renter's liability for damages extends to repair costs plus any depreciation or, in the case of a total loss of the vehicle, to the replacement value of the vehicle minus the residual value. The lessee is also liable - if incurred - for towing costs, expert fees and any other costs incurred by the lessor and loss of rent. If the vehicle is handed over to a third party - including the other drivers named in section 3 - the renter is liable for compliance with the provisions of this rental contract and the conduct of the third party (s) as for his own conduct.

8.2 The lessee is responsible for the consequences of using the vehicle for more than 30 days abroad, traffic violations or criminal offenses that are determined in connection with the rented vehicle and is liable to the lessor for any fees and costs incurred. The lessor is entitled to name the renter / driver to the authorities in such cases.

9. Reduction of the deductible (reduction of liability)

9.1 If necessary, the lessor offers - subject to Clause 10 - a reduction in the deductible for vehicle damage or vehicle loss against payment of an additional fee to a certain deductible per claim.

9.2 The amount of the deductible as well as the amount of the corresponding additional fee for the reduction of liability are determined individually by the landlord. There is no insurance cover against braking, operating or breakage damage (e.g. clutch damage, damage caused by refueling with the wrong fuel, etc.).

9.3 The liability of the renter / driver for traffic violations and criminal offenses cannot be excluded. In this respect, the renter is fully liable for all violations of traffic regulations and other legal provisions, as well as all disruptions in possession caused by him or third parties to whom the renter leaves the vehicle. The tenant releases the landlord from all fines and warning fines, fees or other costs that the authorities or other bodies levy on the landlord on the occasion of such violations.

10. Validity / elimination of the reduction in liability

10.1 In the case of a (reduced) excess, the renter and the drivers included in the scope of the contractual liability reduction are only liable for damage up to an amount equal to the agreed excess. This does not apply to damage caused intentionally by the renter / driver. In this case, the insurance cover is no longer applicable.

10.2 In the event of negligent causing of damage and breach of obligation, the landlord or his insurer is entitled to reduce his performance obligation in a proportion corresponding to the severity of the fault. This also applies if the renter / driver intentionally violates an obligation to be fulfilled by him, in particular section 6 of these general rental conditions.

10.3 The reduction of the benefit according to section 9.1 does not occur if the breach of duty or obligation is neither the cause of the occurrence of the damage nor the determination of the existence of the prerequisites for insurance cover. However, this does not apply if the obligation was fraudulently breached.

10.4 The regulations on the validity and discontinuation of insurance cover apply not only to the renter but also to the authorized driver, but only for the rental contract period, but not for the benefit of unauthorized users of the vehicle.

11. Return of the vehicle

11.1 The rental contract ends at the end of the rental period. If the tenant continues to use it after the agreed rental period has expired, the lease is not considered to be extended. § 545 BGB does not apply.

11.2 The lessee is obliged to return the vehicle with all accessories, all keys and vehicle documents provided, at the latest at the agreed time at the agreed location with a full tank of fuel and in the condition in which it was taken over, unless otherwise agreed.

11.3 Unless otherwise agreed, the return can only be made during the opening hours of the landlord or the authorized return location and only to the landlord or his authorized representative. When the goods are returned, a joint log (check-in report) is drawn up, which is to be signed by both parties and in which damage / complaints are recorded. Both parties declare the protocol to be binding.

11.4 If the vehicle is returned outside of the lessor's opening hours or not at the agreed location, the rental contract is extended - unless otherwise agreed - until the return station is reopened or until the lessor returns the vehicle and vehicle key in immediate possession. The renter bears the risk of vehicle damage during this time.

11.5 Furthermore, the lessor is entitled to bring the vehicle back into his possession by all legally permissible means, unless the vehicle is returned by the lessee at the agreed time. In this case, the tenant pays an additional usage fee in the amount of the planned tariff for each day of the exceedance commenced.If a temporary special rate has been agreed, the standard rate valid at the time of the rental is calculated from the start of the rental period from the price list valid on the first day of the excess. The tenant reserves the right to prove that the landlord suffered no or only minor damage.

11.6 If the vehicle is not returned fully refueled, the lessor will invoice the renter for the costs incurred for fueling the vehicle plus a processing fee of € 20 (plus statutory VAT). In the case of vehicles with an electric drive, the vehicle is handed over with a fully charged battery. The renter provides the electricity for running the vehicle.

12. Payment obligation of the tenant, due date

12.1 The tenant is obliged to pay the total amount, which results from the individual items shown on the front of the rental agreement. This includes billing for the fuel that is missing when the vehicle is returned. If the claim from this rental agreement is paid with a credit / debit card, the signature of the cardholder is considered authorization to debit the entire invoice amount to the relevant account with the credit / debit card organization. This authorization also applies to subsequent charges as a result of rent corrections, damage cases including the corresponding towing costs, traffic offenses and administrative costs incurred for processing.

12.2 The rental price (plus other agreed fees, such as liability reduction, delivery costs, etc.) plus sales tax at the statutory rate is to be paid in full for the agreed rental period. The rental price is due at the beginning of the rental period.

13. Lessor's Liability

13.1 The landlord is liable in cases of intent or gross negligence on the part of the landlord himself, a representative or a vicarious agent in accordance with the statutory provisions. Otherwise, the landlord is only liable for injury to life, limb, health or culpable breach of essential contractual obligations. The claim for damages due to the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.

13.2 The lessor assumes no liability for items that are left in the vehicle when they are returned; this does not apply in cases of intent or gross negligence on the part of the landlord, a representative or a vicarious agent.

13.3 The lessor's no-fault liability for initial defects in the vehicle is excluded.

14. Termination

The parties are entitled to terminate the contract in accordance with the statutory provisions. The lessor can terminate the contract without notice for an important reason, in particular if the lessee uses the vehicle in breach of the contract or culpably breaches other contractual obligations. Notice of termination can also be given orally.

15. Data protection and data storage

15.1 The landlord listed in the rental agreement is the responsible body within the meaning of data protection law.

15.2 The personal data of the lessee / driver are collected, processed and used on site by Fuhrwerk Plus GmbH and the lessor commissioned by you with the rental for the purpose of establishing, executing or terminating the contract. A transfer to other third parties takes place only if this is necessary for the fulfillment of the contract, e.g. to the credit card / giro card organization of the tenant for the purpose of billing as well as to service providers and insurers for the processing of accident damage and to authorities for the purpose of the direct claim of fees and costs or fines and warnings. Furthermore, the landlord transmits personal data of the tenant to Fuhrwerk Plus GmbH in its capacity as system provider within the framework of the Federal Data Protection Act, in order to enable the system provider to check compliance with the landlord's contractual obligations under the system partner contract. For advertising purposes, it is only used for self-promotion. Any further use requires legal permission or consent.

15.3 Fuhrwerk Plus GmbH transmits personal data collected within the scope of this contractual relationship about the application, implementation and termination of this business relationship as well as data about non-contractual behavior or fraudulent behavior to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. The legal basis for these transfers is Article 6 Paragraph 1 Letter b and Article 6 Paragraph 1 Letter f of the General Data Protection Regulation (GDPR). Transfers on the basis of Article 6 Paragraph 1 Letter f GDPR may only be made if this is necessary to safeguard the legitimate interests of the contractual partner * or third parties and not the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, predominate. The data exchange with SCHUFA also serves to fulfill legal obligations to carry out credit checks of customers (§ 505a and 506 of the German Civil Code).

15.4 Pursuant to Section 28 (4) BDSG, the tenant is informed that he can object to any processing or use of his data for the purposes of advertising or market or opinion research at any time. The objection must be addressed to the landlord named in the rental agreement.

16. Place of jurisdiction, written form, severability clause

16.1 Changes or additions must be made in writing. Verbal collateral agreements do not exist.

16.2 The place of jurisdiction is, if the tenant is a merchant, a legal entity under public law or a special fund under public law, the lessor's place of business in Nuremberg.

16.3 Fuhrwerk Plus GmbH refuses to participate in a dispute settlement procedure within the meaning of the VSBG (Consumer Dispute Settlement Act) and is not obliged to participate in such a procedure.

Further information on the subject of the Consumer Dispute Settlement Act can be found at http://ec.europa.eu/consumers/odr.

16.4 Should individual provisions of this agreement be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the rest of the contract. In place of the ineffective or unenforceable provision, that effective and enforceable provision should be used, the effects of which come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. If there is no provision in this agreement, the provisions of the Insurance Contract Act (VVG) and the provisions of the General Conditions for Motor Insurance (AKB 95) must be applied accordingly. This also applies to ambiguities resulting from this agreement.

List of fees as of: 12/2020

Cancellation of rentals
Cancellations <1 day before the start of the rental period 70% of the expected Rental rate
Cancellations <3 days before the start of the rental period 50% of the expected Rental rate
Cancellations <7 days before the start of the rental period 40% of the expected Rental rate
Cancellations <14 days before the start of the rental period 25% of the expected Rental rate
Late return
Exceeding the agreed return more than 5 days Rental rate plus € 150.00 p. Day
Administrative offense
Processing fee for parking tickets 20,00 €*
Prosecution processing fee 50,00 €*
loss
Vehicle registration 100,00 €*
Logbook 50,00 €*
Vehicle key Replacement plus € 25.00 *
Navigation CD / SD card Replacement plus € 25.00 *
Warning triangle 25,00 €*
Safety vest 25,00 €*
First aid kit 25,00 €*
Heavy pollution / smoking
pollution Cleaning costs plus € 50.00 *
Smell of smoke / ash Cleaning costs plus € 75.00 *
miscellaneous
Passing on the external invoice Invoice amount plus € 20.00 *
Vehicle not fueled on return Fuel costs plus € 20.00 *
Return debit or return credit card claim Bank fees plus € 100.00 *
Vehicle damage processing fee 50,00 €*
Exceeding the inspection interval 350,00 €*

* Fee plus statutory VAT.