wheego car subscription direct rental

I. Rental price / compensation for use / refueling regulations / vehicle delivery

(1) The prices in the price list valid at the time of rental apply; the rental price in the Auto Abo tariff is based on the manufacturer model booked. The rental price is based on the booking confirmation or the rental contract and is made up of a basic rental price, any additional mileage, fees for additional or young drivers and any special services. Special services are in particular service fees, accessories and extras as well as delivery and collection costs. For deliveries and collections, the agreed delivery and collection fees will be charged in accordance with the price list valid at the time of rental. In the case of the Auto Abo tariff, the monthly rental price of the price list valid at that time shall apply for compensation for use at 1/30th per day. No refunds will be made for late collection or early return of the vehicle.

(2) Special rates shall only apply for the period offered and/or under the agreed conditions and, in addition to payment of the special rate on the due date, require that the contractual commitment is made for the agreed rental period and/or under the agreed conditions. Otherwise, the standard rate shall apply for the entire rental period and not the special rate.

(3) If the Hirer exceeds the range of included kilometers, the additional payment per additional kilometer is based on the respective vehicle class. The amount of the additional payment to be made by the Hirer can be found in the price list.

(4) The Hirer shall bear the costs up to an amount of 8% of the respective period rent (net) incurred for the procurement of refill fluids (in particular engine oil and windshield cleaner as well as windshield antifreeze) if a refill of these fluids becomes necessary during the rental period. The renter undertakes to check the required operating fluids and tire pressure at regular intervals and to correct them at his own expense in accordance with the operating instructions for the respective vehicle.

(5) The prices quoted for commercial customers (entrepreneurs entitled to deduct input tax within the meaning of the UStG) are net prices. Final prices are always subject to statutory VAT.

II Rental period

(1) The rental period relevant for the calculation of the rental fee begins on the day and at the time of the contractually agreed start of the rental period and ends at the agreed end of the rental period, even if the vehicle is returned early. Rentals according to the Auto Abo tariff comprise full months; the provisions of §§ 187, 188 BGB apply to the calculation.

(2) In the Auto Abo tariff, the rental period is extended by a further full month in each case unless the lessee or lessor terminates the rental agreement by giving 21 days’ (= 3 weeks’) notice before the end of the respective rental period.

III Payment/maturity/collection costs

(1) The rental price is due at the beginning of the rental period and, in the case of a rental contract extension, at the beginning of the respective rental extension. If a subsequent settlement of the rental price is agreed with the Lessee, this shall be due for payment immediately upon receipt of the invoice. Subject to the provision in paragraph 3, payment terms require a separate written agreement. Any compensation for use to be paid is due daily in arrears. Unless otherwise agreed, the rent, all applicable fees, deposit payments, charges and other payments (e.g. fines) shall be debited to the tenant’s means of payment. Unless otherwise specified during the booking process, the tenant must make payments by SEPA direct debit. For this purpose, the renter must set up a SEPA direct debit mandate in favor of Share-Tec. The renter authorizes the lessor to use the SEPA direct debit mandate for all claims within the scope of the business relationship between the lessor and the renter. In the event of a returned direct debit for which the Lessee is responsible, the Lessee shall make a lump-sum payment of EUR 7.45 to the Lessor. The customer reserves the right to prove that no or lower costs were incurred. If a SEPA direct debit has been issued, a credit card presented will only be used if the direct debit is not paid or not paid in full.

(2) If, in the event of default of payment on the part of the tenant, it becomes necessary to instruct a licensed debt collection agency, the tenant shall bear the resulting costs within the scope of the statutory fees of a lawyer, provided that he was not recognizably unable or unwilling to pay and did not raise any other objections to the reason for the claim.

IV. Credit card payment

The Lessee authorizes the Lessor and its collection agent to debit the rental car costs owed under the contractual relationship and all other claims in connection with the rental agreement from the credit card presented upon conclusion of the rental agreement or subsequently or specified in the rental agreement. This authorization also applies if the renter has set up a SEPA direct debit procedure.

V. Invoice

The Tenant revocably agrees at any time that the Landlord may send him invoices as a pdf file to the e-mail address provided by him at the time of rental or otherwise (Section 14 (1) sentences 7, 8 UStG). If the Landlord chooses this form of invoice and the Tenant has not objected, the Tenant waives his right to receive an additional invoice in paper form. In this case, the Tenant shall be responsible for ensuring that the e-mail account provided by the Tenant is valid and that e-mails can be received at the e-mail address provided by the Tenant. An invoice sent electronically as a pdf file shall be deemed to have been received if it reaches the recipient’s sphere of influence (e-mail inbox) in such a way that the recipient is able to take note of it under normal circumstances. The tenant may object to the sending of invoices in electronic form at any time for the future. In this case, the Lessor shall issue the invoices in paper form; the Lessee shall bear the additional costs for sending the invoice in paper form and the postage.

VI Safety performance/prevention

(1) Unless otherwise agreed, the Hirer is obliged to pay a deposit in addition to the rental price at the beginning of the rental period and at each extension of the rental contract as security for the fulfillment of his obligations. The amount of the deposit depends on the vehicle group of the rented vehicle and is based on the price list or individual agreement.

(2) The landlord is neither obliged to pay interest on the security deposit nor to keep it separate from its assets. The Lessor may also assert its claim to the provision of security during the tenancy. In this case, the security deposit shall become due for payment upon receipt of the request for payment.

VII Documents to be presented when renting

(1) When the vehicle is handed over, the Hirer or the authorized driver must present a valid domestic driving license required to drive the vehicle, and the Hirer must also present a valid original identity card or passport (in conjunction with proof of residence). If a representative appears on behalf of the renter, the representative must also present his/her own identification documents in addition to the aforementioned identification documents of the renter and a written power of attorney from the person represented. The power of attorney is not required if the representative’s authority to represent the tenant is derived from a public register and an officially or notarized extract from the register, which is not older than 3 months, is presented instead. If the representative is acting on behalf of a legal entity or a company or corporation with its own legal personality, the obligation to present identification documents of the tenant does not apply; in the case of voluntary representation, the identification documents of the respective authorizing body must be presented instead. If a driver is to be named subsequently, the Lessee must send the Lessor a copy of the driver’s license by e-mail. Only after confirmation by the Lessor is the driver permitted to drive the vehicle.

(2) Driving licenses from non-EU/EEA countries are accepted if (i) no visa is entered in the renter’s or authorized driver’s passport or (ii) the renter or authorized driver has a visa in their passport and has not been in an EU/EEA country for more than 6 months at the time of rental. If he has been in an EU/EEA country for longer than 6 months, a driving license from an EU/EEA country must be presented. A driving license not issued in Latin script (Arabic, Japanese, Cyrillic, etc.) must be accompanied by an international driving license. For driving licenses from countries that are not party to the international driving license agreements, a certified translation is required in addition to the original driving license.

(3) If the aforementioned documents and/or means of payment are not available when the vehicle is handed over, the Rental Firm shall be entitled to withdraw from a (pre-)rental agreement that has already been concluded; in this case, claims by the Hirer for non-performance shall be excluded. The right to compensation for damages incurred by the Lessor as a result of a breach of one of the above provisions shall remain unaffected.

(4) The Lessor may also request, to the extent permitted by data protection law, that the Lessee identifies himself and the named drivers of the rental vehicle using an identification procedure selected by the Lessor and provides proof of the required driving license.

VIII. Non-acceptance on delivery

If the Hirer does not take over the vehicle at the agreed location no later than 59 minutes after the agreed (delivery) time (courtesy time), the Rental Firm shall be entitled to withdraw from a (pre-)rental agreement that has already been concluded; claims by the Hirer for non-performance shall be excluded in this case. The claim for compensation for damages incurred by the Lessor due to the breach of the non-acceptance shall remain unaffected.

IX. Vehicle takeover

(1) The Hirer and/or the driver shall be obliged to check the vehicle independently upon taking possession to ensure that it has the agreed tank level, the current mileage and, with due care, any visible damage to the exterior and interior and, if such damage is present, to ensure that it is correctly recorded in a handover report together with the Rental Firm. The Hirer and/or the driver may request the Rental Firm to clear the vehicle of any dirt and/or snow residues that may obstruct visibility before handover.

(2) The Hirer shall be obliged to report any subsequent objections to the handover report to the Rental Firm without delay. In such a case, the Lessor may demand the immediate presentation of the vehicle for inspection at the original handover location, provided it is roadworthy and ready to drive. The Lessor shall only be liable to reimburse the costs of the presentation if the complaint is justified and the Lessor is at fault in this respect.

(3) If the vehicle was provided to the Hirer with all-weather tires, it is at the Hirer’s discretion whether it is safe to drive the vehicle under the given weather conditions. The Hirer is permitted to have winter or summer tires fitted at his own expense. When the vehicle is returned, the tires fitted at the time of handover to the customer must be fitted to the vehicle.

X. Vehicle return

(1) The vehicle must be returned to the location agreed in the contract on the date specified in the contract, taking into account extensions in accordance with II (2). The vehicle shall only be deemed to have been returned when the Lessor has obtained possession of the vehicle and the vehicle keys, unless the Lessee has become unable to return the vehicle (e.g. in the event of theft). The driver to whom the Hirer has willingly handed over the vehicle for use is also the Hirer’s vicarious agent with regard to the obligation to return the vehicle. In the event of a breach of the obligation to return the vehicle, several renters are jointly and severally liable.

(2) The Lessee must return the vehicle at the end of the rental agreement with a fuel tank that is not on reserve and, if the vehicle is equipped with an AdBlue® tank, with a full AdBlue® tank, unless different return conditions have been agreed individually with the Lessee in the contract. If the vehicle is not returned refueled in accordance with the contract, the Rental Firm shall charge the Hirer for refueling the vehicle and for fuel and AdBlue® in accordance with the rates valid at the time of return, unless the Hirer can prove that no or significantly lower costs were incurred for refueling. The additional payments are due upon return of the rental vehicle and will be invoiced separately.

(3) Upon return, the Lessee and/or the driver, together with the Lessor, shall ensure that a return report is drawn up and that any recognizable damage is ascertained with the usual care. Any person otherwise entrusted by the Hirer with the return of the vehicle shall act as the Hirer’s vicarious agent. When returning the vehicle, the Hirer may request a separate written confirmation of receipt certifying the condition of the vehicle with regard to visible damage, the tank level and the date and time of return.

(4) If the time of return is exceeded by more than 59 minutes – even through no fault of the Hirer – the Hirer shall be obliged, without prejudice to any further liability, to pay compensation for use in accordance with Section I (1) of the GCTC for the period of the delay, unless the Rental Firm is responsible for the late return. The Lessee shall have the right to prove that the Lessor has incurred no or significantly less damage.

(5) If the Hirer continues to use the vehicle after expiry of the agreed rental period, the rental relationship shall not be deemed to have been tacitly extended.

(6) If the Hirer is responsible for returning the vehicle to a location other than the contractually agreed location or if the Rental Firm can only regain direct possession of the vehicle at this other location, the Rental Firm shall be entitled to claim further damages in accordance with the statutory provisions.

(7) The Hirer is obliged to return the vehicle to the Rental Firm clean inside and out. If the vehicle is not returned in accordance with the contract, the Rental Firm shall charge the Hirer for cleaning the vehicle in accordance with the rates valid at the time of return, unless the Hirer can prove that no or significantly lower costs were incurred for the cleaning. The additional payments are due upon return of the rental vehicle and will be invoiced separately.

XI. Use of the vehicle/repairs

(1) The Hirer undertakes to use the vehicle only in the contractually agreed manner, in particular

(a) to familiarize himself/herself sufficiently with the dimensions of the vehicle before setting off in order to be able to properly observe clearance height and passing restrictions,

(b) to check independently before setting off whether the vehicle is in a roadworthy condition and the main inspection in accordance with § 29 StVZO is not yet due, in particular to visually inspect the tires for sufficient tread depth and damage that could endanger safety,

(c) to observe all relevant regulations and technical rules for use as well as the operating instructions, in particular to fill up with the prescribed fuel,

(d) to inform themselves about the toll liability of the vehicle when using toll roads and to only drive on toll roads if they are guaranteed to pay the toll on time,

(e) regularly check that the engine oil level is sufficient and that the AdBlue® tank is always filled to the required level, as well as to observe due inspections,

(f) to keep the vehicle properly locked in all parts as long as it is not being used and left, to engage the steering wheel lock, to take the vehicle keys and documents and to keep them inaccessible to unauthorized persons and to secure the vehicle against rolling away on slopes,

(g) to secure cargo properly and in accordance with the statutory provisions against slipping,

(h) not to leave the vehicle grossly soiled or with waste of any kind;

(i) not to smoke in the vehicle and

(j) to handle the vehicle carefully and professionally.

If the Hirer discovers a condition of the vehicle that impairs its road safety, he must inform the Rental Firm immediately and refrain from using the vehicle. In the event of technical warnings from the vehicle’s on-board computer, the Hirer must immediately ascertain whether it is possible to continue using the vehicle safely and, in case of doubt, take the vehicle out of service before any damage occurs. The Lessor must be informed immediately if the vehicle is taken out of service for technical or legal reasons. The Lessee must also notify the Lessor immediately in the event of odometer failure or functional defects in a digital tachograph and obtain the Lessor’s instructions.

In the case of vehicles equipped with a digital tachograph, the Hirer must also ensure that the tachograph is operated in accordance with the statutory regulations (also for cars with a gross vehicle weight of more than 2.8 tons) and that an on-board unit is present. The renter is obliged to handle the (digital) tachograph with care in accordance with the manufacturer’s specifications and must protect it from unlawful access by third parties and tampering.

(2) The following in particular are prohibited

• the commercial transportation of passengers;
• the use of the vehicle for test purposes and participation with it in motor sport events. This also includes driving on race tracks that are not dedicated to public traffic and are open to the general public;
• Drive under the influence of alcohol (blood alcohol limit of 0.0 ‰) or drugs, or after taking medication that could impair your ability to drive;
• Driving in the presence of physical or mental impairments that could affect the ability to drive (e.g. epilepsy);
• subletting not previously permitted by the landlord;
• the transportation of hazardous substances as defined by the German Dangerous Goods Ordinance for Road and Rail (GGVSE);
• the transfer to drivers who do not have a valid driver’s license for driving the vehicle or who, unless contractually permitted, are not of the permitted minimum age and/or do not hold a driver’s license for the minimum period of time (Section XII 1);
• the use of the vehicle as an advertising medium for political parties/groups and/or for the presentation of political statements of any kind at public events or gatherings without the prior consent of the Lessor;
• the transportation of children up to the age of 12 who are smaller than 150 cm, if no suitable and age-approved restraint systems (infant carrier, child seat, booster seat) are used for the children (all manufacturer’s instructions for the installation and removal of child restraint systems must be followed);
• deactivation of the front passenger airbag, unless this is done to protect children or infants being transported using a booster seat or to comply with safety instructions when using a baby seat; the front passenger airbag must be reactivated after use;
• using the vehicle with tires that are not suitable for the weather conditions, with insufficient engine oil level, cooling water level or tire pressure;
• other improper use of the vehicle.

Trips abroad are only permitted in the following countries: Andorra, Belgium, Denmark, Finland, France, Greece, Great Britain, Italy, Ireland, Iceland, Croatia, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Austria, Poland, Portugal, Sweden, Switzerland, Slovak Republic, Slovenia, Spain, Czech Republic and Hungary. Otherwise, trips abroad are prohibited and require the prior written consent of the Rental Firm.

(3) The Hirer must observe the traffic regulations and toll obligations. He shall be liable without limitation for all violations of traffic and regulatory provisions and other statutory provisions as well as for all disturbances of possession caused by him or third parties to whom the Hirer leaves the vehicle. He shall indemnify the Lessor against all claims asserted by the authorities or other third parties against the Lessor as the keeper of the vehicle (e.g. fines, administrative fees, towing costs) as a result of traffic, possession or toll payment violations. If a corresponding claim is made against the Lessor due to a traffic or toll violation committed during the rental period or if the Lessor is heard for this reason, the Lessee shall pay a lump sum of EUR 32.00 as compensation for the administrative expenses incurred by the Lessor for processing inquiries, unless the Lessee can prove that the expenses incurred were significantly lower. The Landlord shall not be obliged to lodge an appeal against its claim or to inform the Tenant before invoicing its expenses.

(4) When renting vehicles with an AdBlue® tank, the Lessee must ensure that the AdBlue® tank is always sufficiently full. The Lessee and its vicarious agents shall be liable without limitation for any breaches of the above obligation committed during the rental period; the Lessee shall indemnify the Lessor against all claims asserted by the authorities or other third parties against the Lessor for failure to fill the AdBlue® tank, in particular from fines and warnings.

(5) When hiring out a vehicle to an authorized driver, the Hirer must check at appropriate intervals and on his own responsibility whether the driver is still in possession of a valid driving license that entitles him to drive motor vehicles of the rented category. To this end, he must exhaust all possibilities available to him and make the necessary inquiries. If the Hirer, through no fault of his own, only later becomes aware that the authorized driver does not have a driving license, he must immediately prevent any further use of the vehicle by the authorized driver. If the driving license of an authorized person or an authorized third party is withdrawn or lost, the latter’s right to drive the rental vehicle shall immediately expire for the duration of the loss or withdrawal. This also applies to a driving ban. The Lessee must notify the Lessor immediately of the withdrawal or restriction of the driving license, any driving bans that become effective or any temporary seizure or confiscation of the driving license with regard to all authorized persons.

(6) If a repair becomes necessary during the rental period through no fault of the Hirer in order to ensure the operation or road safety of the vehicle, the Hirer may commission an authorized repair shop up to a net cost of EUR 50 without further ado, but for larger repairs only with the prior consent of the Rental Firm. The repair costs shall be borne by the Lessor unless the Lessee is liable for them.

(7) The Lessee shall inform the Lessor, without being requested to do so, of any upcoming dates for the general inspection in accordance with § 29 StVZO and tire tread levels approaching the minimum tread depth during the rental period.

XII. Management authorization

(1) The vehicle may only be driven by the Hirer himself or, for a corresponding additional fee stated in the current price lists, by other suitable persons to be named by the Hirer to the Rental Firm in advance. If the vehicle is driven by persons other than those named above, the fee specified in the rental agreement shall be charged for each additional driver. When picking up the vehicle, the original driver’s license of any additional drivers must be presented. Unless otherwise agreed, the vehicle may be driven by the professional driver(s) specified in the rental agreement and employed by the Lessee on behalf of the Lessee, even if the Lessee is a legal entity, a partnership or a public corporation, provided that they meet the Lessor’s requirements regarding age restriction and duration of driving license possession. This restriction shall not apply in the event that the Lessee is unable to drive the vehicle himself for reasons for which he cannot be blamed (e.g. medical emergencies). Corporate customers and the aforementioned companies and corporations must independently check whether the authorized driver is still in possession of a valid driver’s license in Germany. In the event that the Hirer does not drive the vehicle himself, he must transfer all obligations arising from the rental agreement and these terms and conditions to this person(s).

(2) If no increased requirements are set for certain vehicles, the minimum period of driving license possession is 2 years. The minimum age of the driver is 23 years. The maximum age of the driver is 75 years. If the vehicle is to be driven by persons other than those mentioned above, an additional fee will be charged for each additional driver. The same applies if the vehicle is to be driven by a driver who has not reached the prescribed minimum age and/or the minimum period of driving license possession (young driver). The applicable fees can be found in the price list.
If the following age limits are not reached, a driving license is excluded:

(3) The respective drivers are vicarious agents of the Hirer. The Hirer shall be responsible for the actions of the driver as if they were his own. All rights and obligations arising from this agreement shall apply in favor of and at the expense of the authorized driver. If the vehicle is handed over to third parties, even if they are not drivers, the Hirer shall in any case be liable for compliance with the provisions of this agreement by these third parties and for the conduct of the third party/third parties as if it were the Hirer’s own conduct. The Hirer is obliged to disclose the names and addresses of all authorized drivers of the vehicle during the rental period at the justified request of the Rental Firm, unless they are already named in the rental agreement.

XIII Obligations

(1) After any accident caused by a third party or self-inflicted accident (even without the involvement of a third party), theft, fire, collision with game or other damage to the rental vehicle, even if the latter is only minor, the renter and/or driver shall be obliged to pay compensation:

(a) to inform the Lessor immediately and to agree on the further use of the damaged rental vehicle.

(b) to inform and involve the police immediately; in particular, to report the damage to the nearest police station if the police cannot be reached by telephone. If the police refuse to record the accident, the Lessee must request written confirmation of this from the police and present it to the Lessor upon receipt.

(c) to record the names of the parties involved in the accident and the license plate numbers of the vehicles involved in the accident, including their liability insurance and the corresponding insurance policy number, and to ask persons who could be considered as witnesses for their names and addresses, insofar as this is possible.

(d) to inform the Lessor immediately and comprehensively about the course of the accident and to send the Lessor a carefully and truthfully completed accident report in all respects. At the request of the Lessor, the Lessee shall complete and sign a damage form provided to him by the Lessor and return it to the Lessor within 7 days. If the damage is not settled by the insurance company due to culpably late return, the Lessor reserves the right to charge the Lessee for all accident-related costs.

(e) to take all reasonable and possible measures that are useful and conducive to the clarification of the damage event and the preservation of evidence, in particular to answer the landlord’s questions about the circumstances of the damage event truthfully and promptly.

(2) In the event of vehicle theft, the Lessee/driver is obliged to hand in the vehicle keys and documents immediately to the police or to the registered office of the Lessor. Furthermore, the Lessee undertakes not to make any acknowledgement of debt (either verbally or in writing), not to agree to any settlement relating to the Lessor’s claims for damages and not to commission any towing or repair services or similar without the prior consent of the Lessor.

(3) The Lessee must inform the Lessor of the mileage by e-mail to [email protected] at the end of each full rental month without being requested to do so in the Auto Abo tariff. If a Lessee fails to submit the mileage in due time contrary to the aforementioned regulation, the Lessor may charge the Lessee a lump sum of EUR 10 for contacting and subsequently recording the kilometers driven with the next billing period.

XIV Liability of the tenant

(1) In the event of damage to the rental vehicle, loss of the vehicle and breaches of the rental agreement, the Hirer shall be liable in accordance with the general liability rules. If a reduction of liability based on the model of comprehensive insurance is agreed with the Hirer and the Hirer has paid the fee owed for this when due, the Hirer and the authorized drivers included in the scope of protection of the contractual reduction of liability shall be liable per claim up to the amount of the agreed excess. The Rental Firm shall indemnify the aforementioned persons in this respect in accordance with the principles of fully comprehensive insurance with the agreed excess plus a lump sum of EUR 39.00. The excess per claim to be borne by the Hirer is specified in the rental agreement. The retroactive agreement of a reduction in liability is excluded.

(2) If the Hirer/driver has caused damage referred to in paragraph 1 in an attributable manner through gross negligence or if damage not covered by the liability insurance for the vehicle has been caused through gross negligence to other property belonging to the Rental Firm or if a contractual obligation to be fulfilled by the Hirer or driver has been breached through gross negligence, in particular in accordance with Section XIII. driver, in particular in accordance with Section XIII, the Lessor shall be entitled to assert claims against the liable parties in a proportion corresponding to the severity of their fault over and above the agreed reduction in liability, unless in the event of a breach of obligation the reproachable act or omission was not the cause either of the occurrence of the loss event or of its discovery or its extent. This restriction does not apply if the obligation was fraudulently breached. In the event of intentional acts or omissions, the reduction in liability shall lapse in its entirety, subject to the aforementioned restriction in the event of breaches of obligations.

(3) The reduction of liability shall end upon expiry of the contractually agreed rental period and, in the event of extraordinary termination of the rental agreement, upon receipt of the notice of termination. Notwithstanding any other claims, the Lessee shall therefore be liable without limitation for all damage occurring after the expiry of the agreed rental period or after receipt of the notice of termination of the rental agreement.

(4) Braking, operational and pure breakage damage are not accidental damage and are therefore not covered by the reduction in liability. This includes in particular

• Damage due to inadequately secured load,
• Damage due to incorrect operation or incorrect fuel refueling,
• Damage caused by or the loss of vehicle keys or accessories,
• Tire and load damage,
• Damage to vehicle parts that occur outside their predetermined function, service life and type of use as a result of culpably improper use; under the aforementioned conditions, this includes in particular clutch and engine damage (so-called violent damage).

(5) The Hirer and its vicarious agents shall be liable without limitation for any violations of statutory provisions, in particular traffic and regulatory provisions, committed by them during the rental period, even if a reduction of liability has been agreed.

XV Liability of the Lessor

(1) The Lessor shall be liable – except in the case of personal injury – for damage suffered by the Lessee, regardless of the facts or legal grounds (e.g. default, breach of contract, tort, culpa in contrahendo), in particular also with regard to any consequential damage and claims by third parties, only in the event of intentional or grossly negligent action by the Lessor or one of its vicarious agents in accordance with the statutory provisions. The Landlord’s no-fault guarantee liability pursuant to Section 536a (1) BGB for material defects existing at the time of conclusion of the rental agreement is excluded.

(2) In the event of a breach of material contractual obligations or injury to life, limb or health, liability shall also exist in the event of slight negligence. The claim for damages for breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. In the latter case, liability for slight negligence shall be limited to twice the amount of the rent agreed for the rental period agreed upon conclusion of the contract, unless the Lessee proves that the Lessor was able to foresee a higher loss typical of the contract at the time of conclusion of the contract, in respect of which insurance cover is unusual and cannot reasonably be obtained by the Lessee.

(3) The Rental Firm is not obliged to store items which the Hirer has left behind in the vehicle upon return. In this respect, it shall also only be liable for intent and gross negligence.

XVI Vehicle exchange

If there is a legitimate interest, e.g. leasing returns or pending sale, the Lessor is authorized at any time to exchange a vehicle provided to the Lessee under the Auto Abo tariff for a vehicle of the same manufacturer model at its own expense. For his part, the Lessee is obliged to facilitate the exchange of the vehicle, unless this is unreasonable for him due to the circumstances of the individual case.

XVII Liability insurance

The insurance cover for the rented vehicle extends to liability insurance with a maximum sum insured for personal injury and property damage of EUR 50 million. The maximum sum insured per injured person is EUR 8 million and is limited to Europe.

Termination

(1) Both parties may terminate a tenancy agreement without notice for good cause. Good cause for termination by the landlord includes in particular

• a significant deterioration in the tenant’s financial circumstances, or
• an unauthorized, even temporary, transfer of the vehicle abroad, or
• prohibited use of the vehicle in accordance with Section XI Para. 3
• grossly improper and/or unlawful use of the vehicle, or
• significant damage to the rented vehicle culpably caused by the renter and/or driver, or
• if the tenant
  • is at least 7 days in arrears with the payment of the rent due in full or to a not insignificant extent, or
  • is at least 3 days in arrears with the payment of the security deposit that became due after the start of the rental period or in the event of an extension of the rental agreement, either in full or to a not insignificant extent, or
  • does not grant the lessor the opportunity to inspect the vehicle, despite a reasonable request made by the lessor within a reasonable period of time and stating reasons, or
• if the tenant and/or his vicarious agent:
  • has deliberately provided false or significantly incomplete information about himself or herself or the driver, or
  • unlawfully conceals or has attempted to conceal damage to the rented vehicle, or
  • has culpably disregarded the regulations on the use of motor vehicles in road haulage.

(2) If several rental agreements exist between the Lessor and the Lessee and the Lessor is entitled to terminate one rental agreement without notice for good cause, it may also terminate the other rental agreements without notice if it cannot reasonably be expected to maintain the other rental agreements due to grossly unfaithful conduct on the part of the Lessee. This can be refutably assumed in particular if the tenant has culpably failed to meet his obligation to return the vehicle from the terminated rental agreement or has failed to do so in good time.

(3) If the Lessor terminates one or more rental contracts for cause, the Lessee shall be obliged to return the vehicle(s) together with the vehicle documents, all accessories and all vehicle keys to the Lessor without delay. Claims for compensation by the Hirer are excluded in such a case.

XVIII Other provisions/jurisdiction

(1) The Lessee may only offset claims of the Lessor against undisputed or legally established claims.

(2) Any deviating, conflicting or supplementary terms and conditions of the Lessee shall only become part of the contract if they are consistent with these GTCS or if the Lessor has expressly recognized the Lessee’s terms and conditions in writing. These Terms and Conditions of Sale shall also apply if the Lessor carries out the rental to the Lessee without reservation in the knowledge that the Lessee’s terms and conditions conflict with or deviate from these GTCS.

(3) The place of jurisdiction shall be Duisburg if the lessee is a merchant, a legal entity under public law or a special fund under public law.

XIX Personal data

The personal data of the lessee/driver shall be collected, processed and used by the lessor or a third party commissioned by the lessor with the rental on site for the purpose of establishing, executing or terminating the contract. Data will only be transferred to other third parties if this is necessary for the fulfillment of the contract. The landlord is the responsible body within the meaning of the BDSG (GDPR). You can find our privacy policy at wheego-mobility.com. As a result of using a navigation device, the navigation data entered during the rental period may be stored in the vehicle. If mobile or other devices are connected to the vehicle, data from these devices may also be stored in the vehicle. If the renter/driver wishes the aforementioned data to no longer be stored in the vehicle after the vehicle has been returned, he/she must ensure that it is deleted before returning the vehicle. The data can be deleted by resetting the vehicle’s navigation and communication systems to the factory settings. Instructions for this can be found in the operating instructions in the vehicle. The Rental Firm is not obliged to delete the aforementioned data.

Supplementary note:

Share-Tec GmbH operates a commercial car rental service under the wheego brand. It collects, processes and uses personal driver and tenant data on the basis of Art. 6 para. 1 b GDPR for its own business purposes, namely to draw up the rental contract, to process the rental and the subsequent payment process and also to fulfill its obligation to provide information to state authorities. Share-Tec GmbH is the “master of the data” and therefore solely responsible for its collection, processing and use in compliance with data protection regulations. This does not constitute commissioned data processing for tenants or other third parties within the meaning of Art. 28 GDPR.

1. have reached the minimum age of 18, unless a higher minimum age is required for certain vehicle models. This is displayed in the wheego app and in the wheego share cost and fee schedule. When booking via a mobility platform, it may also be possible to conclude rental contracts with a different minimum age,
2. is in possession of a driving license valid in the country in which the rental agreement is concluded for driving the respective vehicle. In addition, the customer must in particular comply with any conditions and requirements contained therein and carry these with them at all times during the rental.
3. to have held this license for at least 1 year. When booking via a mobility platform, further restrictive requirements may apply to the conclusion of rental contracts,
4. have a registered address in the country in which the rental agreement is concluded or in another country of the European Union or the European Economic Area.

   • Damage due to inadequately secured load,

   • Damage due to incorrect operation or incorrect fuel refueling,

   • Damage caused by or the loss of vehicle keys, fuel card, vehicle registration document or other accessories,

   • Tire and load damage,

   • Damage to vehicle parts that occur outside their predetermined function, service life and type of use as a result of culpably improper use; under the aforementioned conditions, this includes in particular clutch and engine damage (so-called violent damage).

   1. wheego is liable – except in the case of personal injury – for damage suffered by the customer, regardless of the facts or legal grounds (e.g. default, breach of contract, tort, culpa in contrahendo), in particular also with regard to any consequential damage and claims by third parties, only in the event of intentional or grossly negligent action by wheego or one of its vicarious agents in accordance with the statutory provisions. The no-fault guarantee liability of wheego pursuant to Section 536a (1) BGB for material defects existing at the time of conclusion of the rental agreement is excluded.

   2. In the event of a breach of material contractual obligations or injury to life, limb or health, liability shall also exist in the event of slight negligence. The claim for damages for breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. In the latter case, liability for slight negligence is limited to twice the amount of the rental fee agreed for the rental period agreed at the time of conclusion of the contract, unless the customer can prove that a higher contractually typical damage was foreseeable for wheego at the time of conclusion of the contract, with regard to which insurance cover is unusual and cannot be obtained by the customer in a reasonable manner.

   3. wheego is not obliged to store items that the customer has left behind in the vehicle upon return. In this respect, it is also only liable for intent and gross negligence.

   • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

   • Ordered on (*)/received on (*) __________________________________________

   • Name of the consumer(s) __________________________________________

   • Address of the consumer(s) ________________________________________

   • Signature of the consumer(s) (only for notification on paper)

   1. The prices in the price list valid at the time of rental apply, and the rental price in the Auto Abo tariff is based on the manufacturer model booked. The rental price is based on the booking confirmation or the rental contract and is made up of a basic rental price, any additional mileage, fees for additional or young drivers and any special services. Special services are in particular service fees, accessories and extras as well as delivery and collection costs. For deliveries and collections, the agreed delivery and collection fees will be charged in accordance with the price list valid at the time of rental. In the case of the Auto Abo tariff, the monthly rental price of the price list valid at that time shall apply for compensation for use at 1/30th per day. No refunds will be made for late collection or early return of the vehicle.

   2. Special rates are only valid for the period offered and/or under the agreed conditions and, in addition to payment of the special rate on the due date, require that the contractual commitment is made for the agreed rental period and/or under the agreed conditions. Otherwise, the standard rate applies for the entire rental period and not the special rate.

   3. If the renter exceeds the range of included kilometers, the additional payment per additional kilometer is based on the respective vehicle class. The amount of the additional payment to be made by the renter can be found in the price list.

   4. The Hirer shall bear the costs up to an amount of 8% of the respective period rent (net) incurred for the procurement of refill fluids (in particular engine oil and windshield cleaner as well as windshield antifreeze) if it becomes necessary to refill these fluids during the rental period. The renter undertakes to check the required operating fluids and tire pressure at regular intervals and to correct them at his own expense in accordance with the operating instructions for the respective vehicle.

   5. The prices quoted for commercial customers (entrepreneurs entitled to deduct input tax within the meaning of the UStG) are net prices. Final prices are always subject to statutory VAT.

   6. The relevant rental period for calculating the rental fee begins on the day and at the time of the contractually agreed start of the rental period and ends at the agreed end of the rental period, even if the vehicle is returned early. Rentals according to the Auto Abo tariff comprise full months; the provisions of §§ 187, 188 BGB apply to the calculation.

   7. In the Auto Abo tariff, the rental period is extended by a further full month in each case unless the lessee or lessor terminates the rental agreement by giving 21 days’ (= 3 weeks’) notice before the end of the respective rental period.

   8. The rental price is due at the beginning of the rental period and, in the case of a rental contract extension, at the beginning of the respective rental extension. If a subsequent settlement of the rental price is agreed with the Lessee, this shall be due for payment immediately upon receipt of the invoice. Subject to the provision in paragraph 3, payment terms require a separate written agreement. Any compensation for use to be paid is due daily in arrears. Unless otherwise agreed, the rent, all applicable fees, deposit payments, charges and other payments (e.g. fines) shall be debited to the tenant’s means of payment. Unless otherwise specified during the booking process, the tenant must make payments by SEPA direct debit. For this purpose, the renter must set up a SEPA direct debit mandate in favor of Share-Tec. The renter authorizes the lessor to use the SEPA direct debit mandate for all claims within the scope of the business relationship between the lessor and the renter. In the event of a returned direct debit for which the Lessee is responsible, the Lessee shall make a lump-sum payment of EUR 7.45 to the Lessor. The customer reserves the right to prove that no or lower costs were incurred. If a SEPA direct debit has been issued, a credit card presented will only be used if the direct debit is not paid or not paid in full.

   9. If the tenant is in default of payment and it becomes necessary to instruct a licensed debt collection agency, the tenant shall bear the costs incurred as part of the statutory fees of a lawyer, unless he was clearly unable or unwilling to pay and did not raise any other objections to the reason for the claim.

   10. Unless otherwise agreed, the Hirer is obliged to pay a deposit in addition to the rental price at the beginning of the rental period and at each extension of the rental contract as security for the fulfillment of his obligations. The amount of the deposit depends on the vehicle group of the rented vehicle and is based on the price list or individual agreement.

   11. The landlord is neither obliged to pay interest on the security deposit nor to keep it separate from its assets. The Lessor may also assert its claim to the provision of security during the tenancy. In this case, the security deposit shall become due for payment upon receipt of the request for payment.

   12. When the vehicle is handed over, the Hirer or the authorized driver must present a valid domestic driving license required to drive the vehicle, and the Hirer must also present a valid original identity card or passport (in conjunction with proof of residence). If a representative appears on behalf of the renter, the representative must also present his/her own identification documents in addition to the aforementioned identification documents of the renter and a written power of attorney from the person represented. The power of attorney is not required if the representative’s authority to represent the tenant is derived from a public register and an officially or notarized extract from the register, which is not older than 3 months, is presented instead. If the representative is acting on behalf of a legal entity or a company or corporation with its own legal personality, the obligation to present identification documents of the tenant does not apply; in the case of voluntary representation, the identification documents of the respective authorizing body must be presented instead. If a driver is to be named subsequently, the Lessee must send the Lessor a copy of the driver’s license by e-mail. Only after confirmation by the Lessor is the driver permitted to drive the vehicle.

   13. Driving licenses from non-EU/EEA countries are accepted if (i) no visa is entered in the renter’s or authorized driver’s passport or (ii) the renter or authorized driver has a visa in their passport and has not been in an EU/EEA country for more than 6 months at the time of rental. If he has been in an EU/EEA country for longer than 6 months, a driving license from an EU/EEA country must be presented. A driving license not issued in Latin script (Arabic, Japanese, Cyrillic, etc.) must be accompanied by an international driving license. For driving licenses from countries that are not party to the international driving license agreements, a certified translation is required in addition to the original driving license.

   14. If the aforementioned documents and/or means of payment are not available when the vehicle is handed over, the Lessor shall be entitled to withdraw from a (pre-)rental agreement that has already been concluded; in this case, claims by the Lessee for non-performance shall be excluded. The claim for compensation for damages incurred by the Lessor as a result of a breach of one of the above provisions shall remain unaffected.

   15. Even after the rental vehicle has been handed over, the Lessor may, to the extent permitted by data protection law, demand that the Lessee identifies himself and the named driver of the rental vehicle using an identification procedure selected by the Lessor and provides proof of the required driving license.

   16. The Lessee and/or the driver shall be obliged to check the vehicle independently upon taking possession to ensure that it has the agreed tank level, the current mileage and, applying the usual care, any visible damage to the exterior and interior and, if such damage is present, to ensure that it is correctly recorded in a handover report together with the Lessor. The Hirer and/or the driver may request the Rental Firm to clear the vehicle of any dirt and/or snow residues that may obstruct visibility before handover.

   17. The Lessee shall be obliged to report any subsequent objections to the handover report to the Lessor without delay. In such a case, the Lessor may demand the immediate presentation of the vehicle for inspection at the original handover location, provided it is roadworthy and ready to drive. The Lessor shall only be liable to reimburse the costs of the presentation if the complaint is justified and the Lessor is at fault in this respect.

   18. If the vehicle was provided to the Hirer with all-weather tires, it is at the Hirer’s discretion whether it is safe to drive the vehicle under the given weather conditions. The Hirer is permitted to have winter or summer tires fitted at his own expense. When the vehicle is returned, the tires fitted at the time of handover to the customer must be fitted to the vehicle.

   19. The vehicle must be returned to the location agreed in the contract on the date specified in the contract, taking into account extensions in accordance with II (2). The vehicle shall only be deemed to have been returned when the Lessor has obtained possession of the vehicle and the vehicle keys, unless it has become impossible for the Lessee to return the vehicle (e.g. in the event of theft). The driver to whom the Hirer has willingly handed over the vehicle for use is also the Hirer’s vicarious agent with regard to the obligation to return the vehicle. In the event of a breach of the obligation to return the vehicle, several renters are jointly and severally liable.

   20. At the end of the rental period, the Lessee must return the vehicle with a fuel tank that is not on reserve and, if the vehicle is equipped with an AdBlue® tank, with a full AdBlue® tank, unless different return conditions have been agreed individually with the Lessee in the contract. If the vehicle is not returned with a full tank in accordance with the contract, the Rental Firm shall charge the Hirer for refueling the vehicle and for fuel and AdBlue® in accordance with the rates valid at the time of return, unless the Hirer can prove that no or significantly lower costs were incurred for refueling. The additional payments are due upon return of the rental vehicle and will be invoiced separately.

   21. Upon return, the Lessee and/or the driver, together with the Lessor, must ensure that a return report is drawn up and that any recognizable damage is ascertained with the usual care. Any person otherwise entrusted by the Hirer with the return of the vehicle shall act as the Hirer’s vicarious agent. When returning the vehicle, the Hirer may request a separate written confirmation of receipt certifying the condition of the vehicle with regard to visible damage, the tank level and the date and time of return.

   22. If the time of return is exceeded by more than 59 minutes – even through no fault of the Hirer – the Hirer shall be obliged, without prejudice to any further liability, to pay compensation for use in accordance with Section I Paragraph 1 of the GTC for the period of the delay, unless the Rental Firm is responsible for the late return. The Lessee shall have the right to prove that the Lessor has incurred no or significantly less damage.

   23. If the renter continues to use the vehicle after the agreed rental period has expired, the rental agreement shall not be deemed to have been tacitly extended.

   24. If the Hirer is responsible for returning the vehicle to a location other than the contractually agreed location or if the Rental Firm can only regain direct possession of the vehicle at this other location, the Rental Firm shall be entitled to claim further damages in accordance with the statutory provisions.

   25. The Hirer is obliged to return the vehicle to the Rental Firm clean inside and out. If the vehicle is not returned in accordance with the contract, the Rental Firm shall charge the Hirer for cleaning the vehicle in accordance with the rates valid at the time of return, unless the Hirer can prove that no or significantly lower costs were incurred for the cleaning. The additional payments are due upon return of the rental vehicle and will be invoiced separately.

   26. The Hirer undertakes to use the vehicle only in the contractually agreed manner, in particular

   27. to familiarize themselves sufficiently with the dimensions of the vehicle before setting off in order to be able to properly observe clearance height and passing restrictions,

   28. to check independently before setting off whether the vehicle is in a roadworthy condition and whether the main inspection in accordance with § 29 StVZO is not yet due, in particular to visually inspect the tires for sufficient tread depth and any damage that could endanger safety,

   29. to observe all relevant regulations and technical rules for use as well as the operating instructions, in particular to fill up with the prescribed fuel,

   30. to inform themselves about the toll liability of the vehicle when using toll roads and to only drive on toll roads if they are guaranteed to pay the toll on time,

   31. regularly check that the engine oil level is sufficient and that the AdBlue® tank is always filled to the correct level, as well as observing due inspections,

   32. to keep the vehicle properly locked in all parts as long as it is not being used and left, to engage the steering wheel lock, to take the vehicle keys and documents and keep them out of the reach of unauthorized persons and to secure the vehicle against rolling away on slopes,

   33. secure the cargo properly and in accordance with the statutory provisions to prevent it from shifting,

   34. not to leave the vehicle grossly soiled or with waste of any kind;

   35. not to smoke in the vehicle and

   36. treat the vehicle carefully and professionally.

   37. Prohibited are in particular

   • the commercial transportation of passengers;

   • the use of the vehicle for test purposes and participation with it in motor sport events. This also includes driving on race tracks that are not dedicated to public traffic and are open to the general public;

   • Driving under the influence of alcohol (blood alcohol limit of 0.0 ‰) or drugs, or after taking medication that could impair your ability to drive;

   • Driving in the presence of physical or mental impairments that could affect the ability to drive (e.g. epilepsy);

   • subletting not previously permitted by the landlord;

   • the transportation of hazardous substances as defined by the German Dangerous Goods Ordinance for Road and Rail (GGVSE);

   • the transfer to drivers who do not have a valid driver’s license to drive the vehicle or who, unless contractually permitted, are not of the minimum permitted age and/or do not hold a driver’s license for the minimum period of time(Section XII 1);

   • the use of the vehicle as an advertising medium for political parties/groups and/or for the presentation of political statements of any kind at public events or gatherings without the prior consent of the Lessor;

   • the transportation of children up to the age of 12 years who are smaller than 150 cm , if no suitable and age-approved restraint systems (baby car seat, child seat, booster seat) are used for the children (all manufacturer’s instructions for the assembly and disassembly of child restraint systems must be followed);

   • deactivation of the front passenger airbag, unless this is done to protect children or infants being transported using a booster seat or to comply with safety instructions when using a baby seat; the front passenger airbag must be reactivated after use;

   • using the vehicle with tires that are not suitable for the weather conditions, with insufficient engine oil level, cooling water level or tire pressure;

   • other improper use of the vehicle.

   3. The Hirer must observe the traffic regulations and toll obligations. He shall be liable without limitation for all violations of traffic and regulatory provisions and other statutory provisions as well as for all disturbances of possession caused by him or third parties to whom the Hirer leaves the vehicle. He shall indemnify the Lessor against all claims asserted by the authorities or other third parties against the Lessor as the keeper of the vehicle (e.g. fines, administrative fees, towing costs) as a result of traffic, possession or toll payment violations. If a corresponding claim is made against the Lessor due to a traffic or toll violation committed during the rental period or if the Lessor is heard for this reason, the Lessee shall pay a lump sum of EUR 32.00 as compensation for the administrative expenses incurred by the Lessor for processing inquiries, unless the Lessee can prove that the expenses incurred were significantly lower. The Landlord shall not be obliged to lodge an appeal against its claim or to inform the Tenant before invoicing its expenses.

   4. When renting vehicles with an AdBlue® tank, the Lessee must ensure that the AdBlue® tank is always sufficiently full. The Lessee and its vicarious agents shall be liable without limitation for any breaches of the above obligation committed during the rental period; the Lessee shall indemnify the Lessor against all claims asserted by the authorities or other third parties against the Lessor for failure to fill the AdBlue® tank, in particular from fines and warnings.

   5. When hiring out a vehicle to an authorized driver, the Hirer must check at appropriate intervals and on his own responsibility whether the driver is still in possession of a valid driving license that entitles him to drive motor vehicles of the rented category. To this end, he must exhaust all possibilities available to him and make the necessary inquiries. If the Hirer, through no fault of his own, only later becomes aware that the authorized driver does not have a driving license, he must immediately prevent any further use of the vehicle by the authorized driver. If the driving license of an authorized person or an authorized third party is withdrawn or lost, the latter’s right to drive the rental vehicle shall immediately expire for the duration of the loss or withdrawal. This also applies to a driving ban. The Lessee must notify the Lessor immediately of the withdrawal or restriction of the driving license, any driving bans that become effective or any temporary seizure or confiscation of the driving license with regard to all authorized persons.

   6. If a repair becomes necessary during the rental period through no fault of the Hirer in order to ensure the operation or road safety of the vehicle, the Hirer may commission an authorized workshop up to a net cost of EUR 50.00 without further ado, but for more extensive repairs only with the prior consent of the Rental Firm. The repair costs shall be borne by the Lessor unless the Lessee is liable for them.

   7. The Lessee shall inform the Lessor, without being requested to do so, of any upcoming dates for the general inspection in accordance with Section 29 of the German Road Traffic Licensing Regulations (StVZO) and of tire tread levels approaching the minimum tread depth during the rental period.

   8. If the rented vehicle cannot be used due to damage caused by the Hirer, and in principle for all workshop visits, the Rental Firm shall not provide the Hirer with a replacement vehicle. If the provision of a replacement vehicle by the workshop commissioned by the Hirer is required, the Hirer shall bear the costs.

   9. The vehicle may only be driven by the Hirer himself or, for a corresponding additional fee stated in the current price lists, by other suitable persons to be named by the Hirer to the Rental Firm in advance. If the vehicle is driven by persons other than those named above, the fee specified in the rental agreement shall be charged for each additional driver. When picking up the vehicle, the original driver’s license of any additional drivers must be presented. Unless otherwise agreed, the vehicle may be driven by the professional driver(s) specified in the rental agreement and employed by the Lessee on behalf of the Lessee, even if the Lessee is a legal entity, a partnership or a public corporation, provided that they meet the Lessor’s requirements regarding age restrictions and duration of driving license possession. This restriction shall not apply in the event that the Lessee is unable to drive the vehicle himself for reasons for which he cannot be blamed (e.g. medical emergencies). Corporate customers and the aforementioned companies and corporations must independently check whether the authorized driver is still in possession of a valid driver’s license in Germany. In the event that the Hirer does not drive the vehicle himself, he must transfer all obligations arising from the rental agreement and these terms and conditions to this person(s).

   10. Unless increased requirements are specified for certain vehicles, the minimum period of driving license possession is 2 years. The minimum age of the driver is 23 years. The maximum age of the driver is 75 years. If the vehicle is to be driven by persons other than those mentioned above, an additional fee will be charged for each additional driver. The same applies if the vehicle is to be driven by a driver who has not reached the prescribed minimum age and/or the minimum period of driving license possession (young driver). The applicable fees can be found in the price list.

       If the following age limits are not reached, a driving license is excluded:

   11. The respective drivers are vicarious agents of the Hirer. The Hirer shall be responsible for the actions of the driver as if they were his own. All rights and obligations arising from this agreement apply in favor of and at the expense of the authorized driver. If the vehicle is handed over to third parties, even if they are not drivers, the Hirer shall in any case be liable for compliance with the provisions of this agreement by these third parties and for the conduct of the third party/third parties as if it were the Hirer’s own conduct. The Hirer is obliged to disclose the names and addresses of all authorized drivers of the vehicle during the rental period at the justified request of the Rental Firm, unless they are already named in the rental agreement.

   12. The renter and/or driver shall be liable for any accident (even if not caused by a third party), theft, fire, collision with game or other damage to the rented vehicle, even if the latter is only minor:

   13. to inform the Rental Firm immediately and to agree on the further use of the damaged rental vehicle.

   14. to inform and involve the police immediately; in particular, to report the damage to the nearest police station if the police cannot be reached by telephone. If the police refuse to record the accident, the Lessee must request written confirmation of this from the police and present it to the Lessor upon receipt.

   15. to record the names of the parties involved in the accident and the license plate numbers of the vehicles involved in the accident, including their liability insurance and the associated insurance policy number, and to request the names and addresses of persons who could be considered as witnesses, insofar as this is possible.

   16. to inform the Lessor immediately and comprehensively about the course of the accident and to send the Lessor a carefully and truthfully completed accident report. At the request of the Lessor, the Lessee must complete and sign a damage form provided by the Lessor and return it to the Lessor within 7 days. If the damage is not settled by the insurance company due to culpably late return, the Lessor reserves the right to charge the Lessee for all accident-related costs.

   17. to take all reasonable and possible measures that are useful and conducive to the clarification of the damage event and the preservation of evidence, in particular to answer the landlord’s questions about the circumstances of the damage event truthfully and promptly.

   18. In the event of vehicle theft, the Lessee/driver is obliged to hand in the vehicle keys and documents immediately to the police or to the Lessor’s registered office. Furthermore, the Lessee undertakes not to make any acknowledgement of debt (either verbally or in writing), not to agree to any settlement relating to the Lessor’s claims for damages and not to commission any towing or repair services or similar without the prior consent of the Lessor.

   19. The Lessee must inform the Lessor of the mileage by e-mail to [email protected] at the end of each full rental month without being requested to do so in the Auto Abo tariff. If a Lessee fails to submit the mileage in due time contrary to the aforementioned regulation, the Lessor may charge the Lessee a flat-rate fee of EUR 10 for contacting the Lessor and subsequently recording the kilometers driven with the next billing period.

   20. In the event of damage to the rental vehicle, loss of the vehicle and breaches of the rental agreement, the Hirer is generally liable in accordance with the general liability rules. If a reduction of liability based on the model of fully comprehensive insurance is agreed with the Hirer and the Hirer has paid the fee owed for this when due, the Hirer and the authorized drivers included in the scope of protection of the contractual reduction of liability shall be liable per claim up to the amount of the agreed excess. The Rental Firm shall indemnify the aforementioned persons in this respect in accordance with the principles of fully comprehensive insurance with the agreed excess plus a lump sum of EUR 50.00 and expert costs. The excess per claim to be borne by the Hirer is stated in the rental agreement. The retroactive agreement of a reduction in liability is excluded. In the event of an accident caused by the tenant, the tenant’s liability also extends to ancillary damage costs up to the amount of the agreed excess, such as expert costs, towing costs, depreciation, loss of rental income, higher insurance premiums.

   21. If any damage referred to in paragraph 1 was caused by the Hirer/driver through gross negligence in an attributable manner or if any damage not covered by the vehicle’s liability insurance to any other property belonging to the Lessor was caused through gross negligence or if any contractual obligation to be fulfilled by the Hirer/driver was breached through gross negligence, in particular in accordance with Section XIII. driver, in particular in accordance with Section XIII, the Lessor shall be entitled to assert claims against the liable parties in a proportion corresponding to the severity of their fault over and above the agreed reduction in liability, unless in the event of a breach of obligation the reproachable act or omission was not the cause either of the occurrence of the loss event or of its discovery or its extent. This restriction does not apply if the obligation was fraudulently breached. In the event of intentional acts or omissions, the reduction in liability shall lapse in its entirety, subject to the aforementioned restriction in the event of breaches of obligations.

   22. The reduction of liability ends upon expiry of the contractually agreed rental period and, in the event of extraordinary termination of the rental agreement, upon receipt of the notice of termination. Notwithstanding any other claims, the Lessee shall therefore be liable without limitation for all damage occurring after the expiry of the agreed rental period or after receipt of the notice of termination of the rental agreement.

   23. Braking, operational and pure breakage damage are not accidental damage and are therefore not covered by the liability reduction. This includes in particular

   • Damage due to inadequately securedcargo,

   • Damage due to incorrect operation or incorrect fuel refueling,

   • Damage caused by or the loss of vehicle keys or accessories,

   • Tire and load damage,

   • Damage to vehicle parts that occur outside their predetermined function, service life and type of use as a result of culpably improper use; under the aforementioned conditions, this includes in particular clutch and engine damage (so-called violent damage).

   5. The Hirer and its vicarious agents shall be liable without limitation for any violations of statutory provisions, in particular traffic and regulatory provisions, committed by you during the rental period, even if a reduction of liability has been agreed.

   6. The Lessor shall be liable – except in the case of personal injury – for damage suffered by the Lessee, irrespective of the facts or legal grounds (e.g. default, breach of contract, tort, culpa in contrahendo), in particular also with regard to any consequential damage and claims by third parties, only in the event of intentional or grossly negligent action by the Lessor or one of its vicarious agents in accordance with the statutory provisions. The Landlord’s no-fault guarantee liability pursuant to Section 536a (1) BGB for material defects existing at the time of conclusion of the rental agreement is excluded.

   7. In the event of a breach of material contractual obligations or injury to life, limb or health, liability shall also exist in the event of slight negligence. The claim for damages for breach of essential contractual obligations is limited to the foreseeable damage typical for the contract. In the latter case, liability for slight negligence shall be limited to twice the amount of the rent agreed for the rental period agreed at the time the contract was concluded, unless the Lessee can prove that the Lessor was able to foresee a higher loss typical of the contract at the time the contract was concluded, in respect of which insurance cover is unusual and cannot reasonably be obtained by the Lessee.

   8. The Rental Firm is not obliged to store items which the Hirer has left behind in the vehicle upon return. In this respect, it shall also only be liable for intent and gross negligence.

   9. Both parties may terminate a tenancy agreement without notice for good cause. Good cause for termination by the landlord includes in particular

   • a significant deterioration in the tenant’s financial circumstances, or

   • an unauthorized, even temporary, transfer of the vehicle abroad, or

   • prohibited use of the vehicle in accordance with Section XI Para. 3

   • grossly improper and/or unlawful use of the vehicle, or

   • significant damage to the rented vehicle culpably caused by the renter and/or driver, or

   • if the tenant

   • is at least 7 daysin arrears with the payment of the rent due in full or to a not inconsiderable extent , or

   • is at least 3 daysin arrears with the payment of thesecurity deposit due after the start of the rental period or upon extension of the rental agreement in full or to a not inconsiderable extent , or

   • does not grant the lessor the opportunity to inspect the vehicle, despite a reasonable request made by the lessor within a reasonable period of time and stating reasons, or

   • if the tenant and/or his vicarious agent:

   • has deliberately provided false or significantly incomplete information about himself or herself or the driver, or

   • unlawfully conceals or has attempted to conceal damage to the rented vehicle, or

   • has culpably disregarded the regulations on the use of motor vehicles in road haulage.

   2. If several rental agreements exist between the Lessor and Lessee and the Lessor is entitled to terminate one rental agreement without notice for good cause, it may also terminate the other rental agreements without notice if it cannot reasonably be expected to maintain the other rental agreements due to grossly unfaithful conduct on the part of the Lessee. This can be refutably assumed in particular if the tenant has culpably failed to meet his obligation to return the vehicle from the terminated rental agreement or has failed to do so in due time.

   3. If the Lessor terminates one or more rental contracts for cause, the Lessee shall be obliged to return the vehicle(s) together with the vehicle documents, all accessories and all vehicle keys to the Lessor without delay. Claims for compensation by the Hirer are excluded in such a case.

   4. The Lessee may only offset claims of the Lessor against undisputed or legally established claims.

   5. Deviating, conflicting or supplementary terms and conditions of the Lessee shall only become part of the contract if they are consistent with these GTCS or if the Lessor has expressly recognized the Lessee’s terms and conditions in writing. These Terms and Conditions of Sale shall also apply if the Lessor carries out the rental to the Lessee without reservation in the knowledge that the Lessee’s terms and conditions conflict with or deviate from these GTCS.

   6. The place of jurisdiction is Duisburg, provided that the lessee is a merchant, a legal entity under public law or a special fund under public law.