General Terms and Conditions

General Terms and Conditions of Share-Tec GmbH for wheego Car Sharing (GTC)

As at April 2024
1. Subject matter

1.1 These General Terms and Conditions (“GTC”) govern the business relationship between Share-tec GmbH, which operates station and zone-based car sharing under the wheego brand (hereinafter: “wheego”) and persons (“customers”) who use wheego’s services as part of the registration of a user account (framework agreement). In addition, the General Rental Terms and Conditions (“GTC”) govern the business relationship between wheego and customers who rent vehicles (“Rental Agreement”).

1.2 Rental agreements under the GTC are concluded in Germany with wheego as the lessor and outside Germany with the respective local company affiliated with wheego as the lessor, depending on the country in which the rental is initiated. Irrespective of whether the rental agreement is concluded between a local company affiliated with wheego as lessor and the customer, the framework agreement always exists between wheego and the customer.

It is also possible for rental agreements to be concluded via mobility platforms operated by third parties (each a “mobility platform”). In this case, no framework agreement is required.

In such cases, the terms and conditions of use and business of the respective mobility platform (in each case the “Platform Terms and Conditions”) apply in addition to the GTC, whereby the customer’s rental agreement is always concluded with wheego or the local company affiliated with wheego as the lessor.

The wheego AVBs apply without restriction to the individual rental agreements concluded in this way.

1.3 These GTC are supplemented by the “wheego share schedule of costs and fees”, which can be accessed via the wheego website (https://www.wheego-mobility.com/de/agb#agb-share) and in the wheego app.

1.4 In order to use the services of wheego Share, it is necessary to have a mobile device on which the wheego app is installed.

If the customer has concluded a rental agreement via a mobility platform, a separate app may be required, depending on the conditions of the mobility platform operator.

In any case, the customer himself must ensure the possibility of mobile data communication with his end devices and shall bear the costs of data transmission incurred vis-à-vis his mobile phone provider.

1.5 Further information about wheego and the services provided by wheego as well as how to behave in the event of accidents and other questions can be found in the FAQ in the app and on the wheego website at https://www.wheego-mobility.com/de/share/faq.

If the customer is required to contact wheego or a local company affiliated with wheego in the following without providing further information, the telephone number (add phone number) of the service team or e-mail address ([email protected]) stored in the wheego app must be used for this purpose.

2. registration, user contract

2.1 The customer registers their individual user account via the wheego app. This can be downloaded to the customer’s device free of charge via the Google Play Store or the Apple App Store.

2.2 By entering the requested data and after confirming these GTC in the registration process, the framework agreement between wheego and the customer is concluded. For this purpose, it is necessary that wheego sends the corresponding confirmation with an activation link to the customer and that the customer clicks on this activation link. A registration fee must be paid for the registration of a user account in accordance with the “wheego share schedule of costs and fees”.

2.3 The customer has no claim to the conclusion of a framework agreement. wheego reserves the right to reject a registration for comprehensible reasons, in particular if wheego has reason to believe that the potential customer will not behave in accordance with the contract.

2.4 The customer is prohibited from registering more than once or maintaining several user accounts with wheego. wheego reserves the right to claim a contractual penalty in accordance with the valid “wheego share costs and fee schedule” in the event of multiple registrations. This also applies to registration with false or falsified data.

This shall not affect the assertion of any further damages in excess thereof. In this case, the contractual penalty shall be offset against the corresponding claim for damages.

2.5 As part of the registration process, the customer chooses a password of their own choosing. This password is used to access the wheego app after activation. In addition, the customer chooses a personal PIN with which he starts his individual rental contracts. The customer can change the password and personal PIN independently at any time via their user account in the app.

2.6 The customer is obliged to keep his password and PIN separate and carefully at all times and never to disclose the password or PIN to third parties. Furthermore, the customer undertakes to choose his password and PIN in such a way that they cannot be easily guessed. In particular, the customer must choose a password and PIN that he does not use for other access procedures in order to prevent misuse. In particular, the customer may not keep the PIN and password unattended or in a way that is openly legible.

The customer must always ensure that all data relating to his user account is protected at all times and that no third party gains access to his data in any way whatsoever.

For this reason, the customer is also obliged to protect their mobile device from access by third parties with a separate, secure password or a corresponding security measure (biometric data such as Face ID or fingerprint).

wheego is entitled to restrict the use of the wheego app or exclude the customer from using it, provided that no access restriction (face ID, PIN/password, fingerprint) is activated on the end device.

2.7 If third parties obtain the password/PIN and/or other data relating to the user account, the customer is obliged to inform wheego of this immediately.

This also applies if third parties misuse the data.

The customer is then obliged to present the incident in detail – proof that a police report has been filed is not sufficient for the presentation alone.

2.8 In the event of a culpable breach of the customer’s duty of care with regard to the handling of the password and PIN and third party access occurs, the customer shall be liable for all resulting damages in accordance with the statutory provisions.

This applies in particular if the theft, damage or misuse of a vehicle was made possible directly or indirectly by the breach. Furthermore, the customer is generally liable for all damages resulting from a delayed notification of the acquisition and/or misuse of the password/PIN and/or other data relating to the user account for which the customer is responsible.

2.9 If third parties gain access to a wheego vehicle via the customer’s user account, the customer is obliged to notify wheego immediately. The customer is then obliged to present the incident in detail – proof that a police report has been filed is not sufficient for the presentation alone.

If the customer culpably breaches the obligations listed, the customer shall be liable for all resulting damages in accordance with the statutory provisions. This applies in particular if the theft, damage or improper use of a vehicle was made possible directly or indirectly by the breach.

2.10 The customer undertakes to notify wheego immediately of any changes to their data (name, address, e-mail address, mobile phone number). The customer can only change the means of payment via the wheego app. If the customer violates this obligation, he is liable in particular for damages and consequential damages resulting from incorrect or outdated data. If the customer’s data is not up to date, wheego reserves the right to block the customer’s user account.

2.11 The framework agreement is concluded for an indefinite period and can be terminated by either party in text form (e.g. letter, email) or via the options available in the wheego app. wheego will give two weeks’ notice of termination to the end of the month.

2.12 The right of the contracting parties to extraordinary termination of the framework agreement remains unaffected by this. wheego may in particular terminate the agreement without notice and exclude the customer from using the vehicles if the customer

a) has provided incorrect information or concealed facts during registration, verification or in the course of the contractual relationship with wheego and therefore wheego cannot reasonably be expected to continue the contract,

b) does not refrain from serious breaches of the contractual relationship with wheego or does not immediately remedy the consequences of such breaches of contract that have already occurred,

c) has committed a breach of contract that is subject to a contractual penalty under these GTC or the GTC, in particular violations of the prohibitions in sections 2.2 and 2.3 of the GTC.

d) has generally stopped making payments

e) is a consumer and is in arrears with payments due

f) is a legal entity under public law, a special fund under public law or an entrepreneur who is acting in the exercise of his commercial or independent professional activity when concluding the framework agreement and is in arrears with payments due

g) has provided incorrect information or concealed facts during registration or in the course of the contractual relationship and therefore wheego cannot reasonably be expected to continue the contract

h) does not refrain from serious breaches of the contract despite a written warning or does not immediately remedy the consequences of such breaches of contract that have already occurred

i) has driven under the influence of alcohol or drugs;

j) has passed on his/her customer login data (user name, password and/or PIN) to another person.

2.13 If the framework agreement is terminated, wheego is entitled to continue to store the data from the user account (in particular the data on concluded rental agreements) in order to carry out any outstanding billing and to process any outstanding official or criminal charges and/or investigations. Subject to any further legal justification, this applies in any case for a storage period of 36 months, as this is regularly required for the aforementioned purposes.

3. authorization of use, driving license, verification

3.1 Customers are natural or legal persons or partnerships (the latter two are hereinafter also referred to collectively as “business customers”) who have successfully and properly registered with wheego and who have concluded a valid framework agreement with wheego.

3.1.1 Natural persons are authorized as customers and in particular entitled to reserve vehicles and conclude rental agreements under the GCU if they

a. have concluded a user contract with wheego in accordance with these GTC and have a user account activated by wheego. Furthermore, they must have successfully completed the verification process and have the wheego app with the latest software version on an end device,

b. or via a mobility platform are authorized to conclude rental contracts with wheego or the local company affiliated with wheego as lessor in accordance with the GTC,

In any case, it is necessary that the customer

a. have reached the minimum age of 18 years, 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,

b. is in possession of a valid driver’s license for driving the respective vehicle in the country in which the rental agreement is concluded. In addition, the customer must in particular fulfill any conditions and requirements contained therein and carry them with him/her at all times during the rental period

c. to have held this driver’s license for at least 1 year. In the case of bookings via a mobility platform, further restrictive requirements may apply to the conclusion of rental contracts,

d. 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.

3.1.2 Legal entities and partnerships (hereinafter referred to as “business customers”) are entitled to reserve vehicles and conclude rental agreements under the GCU provided that they

a. have concluded a framework agreement with wheego in accordance with these GTC and have a user account activated by wheego.
b. or are authorized via a mobility platform to conclude rental agreements with wheego or the local company affiliated with wheego as lessor in accordance with the GTC,

In addition, business customers must link one or more users to their customer account. These users are authorized by the business customer to carry out rentals in their name and for their account and with their stored means of payment.

In any case, it is necessary that the user

a. have reached the minimum age of 18 years, 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,

b. is in possession of a valid driver’s license for driving the respective vehicle in the country in which the rental agreement is concluded. In addition, the customer must in particular fulfill any conditions and requirements contained therein and carry them with him/her at all times during the rental period

c. to have held this driver’s license for at least 1 year. In the case of bookings via a mobility platform, further restrictive requirements may apply to the conclusion of rental contracts,

d. 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.

3..2 In order to be able to conclude rental contracts under the GTC, the customer must have his driving license and identity checked and verified by wheego or a service provider commissioned by wheego. In the case of business customers, the following conditions for the customer apply to the user by way of derogation.

To do this, the customer calls up the verification function in the wheego app. The customer can then check and verify the validity of his driver’s license and his identity by photo/video. At the request of wheego, the customer must go through a verification process again to prove his identity or the current validity of his driver’s license. wheego is entitled to request further documents from the customer for registration and verification.

When concluding rental contracts via a mobility platform, verification takes place by going through the corresponding process on the mobility platform.

3.3 If the customer’s driving license has been revoked or the customer’s driving license has been temporarily seized or confiscated, the authorization to rent and/or use vehicles shall expire immediately. The customer’s corresponding authorization shall be suspended for the duration of a driving ban imposed by a court or the authorities. In the event that the driving license is restricted, wheego reserves the right to withdraw the authorization to rent and/or use vehicles.

3.4 The customer must notify wheego immediately of the withdrawal or restriction of his driving license, the effectiveness of a driving ban or a temporary seizure or confiscation of his driving license. The notification must be made immediately in writing by e-mail.

3.5 wheego reserves the right to block a user account. This also includes blocking the possibility of concluding rental contracts via mobility platforms. This applies in particular in the event of breaches of contract by the customer towards wheego or the local company affiliated with wheego as lessor, for example in the event of late payment or breaches of obligations that are subject to a contractual penalty.

In addition, the conclusion of rental agreements via a mobility platform may be blocked if the framework agreement has been terminated or if there are grounds for termination in accordance with section 2.12 of these GTC. Such measures will be communicated to the customer by e-mail and/or post if the customer has concluded a framework agreement with wheego.

Blocking the user account simultaneously cancels all reservations made by the customer in the future.

4. use of customer data

4.1 wheego collects and processes the customer’s personal data in accordance with the privacy policy, which is available at https://www.wheego-mobility.com/de/datenschutz.

4.2 If the lessor under the rental agreement is not wheego, but a local company affiliated with wheego, wheego and the local company affiliated with wheego exchange customer data in order to enable the provision of the services under the framework agreement and the rental agreement. In this context, an agreement has been concluded that regulates the joint responsibility for the processing of personal data. Further information can be found in the privacy policy, which is available at https://www.wheego-mobility.com/de/datenschutz

4.3 The individual rental processes are recorded by wheego via GPS or telematics with start and destination location, start and destination time and duration of use as well as start and destination kilometers and fuel or charge level at the start and destination time and listed in the invoice, which the lessor issues under the GTC. wheego is entitled to use service providers to determine the vehicle location or the vehicle data listed above.

4.4 wheego as well as the lessor (in cases where the rental agreement is concluded with a local company affiliated with wheego) are entitled, for the purposes of

a.Contract execution
b.Billing
c.To prove breaches of contract and / or criminal offenses
d.Improvement of the offer

to collect, process and use the following data:

1.the customer’s personal data specified for the user account
2.the customer’s usage and vehicle data
3.the data of the rented vehicle at the start time
4.the data of the rented vehicle at the destination time
5.as well as the track data generated by GPS during the respective rental, in particular if automated damage detection is used.

This also applies to data transmitted by a mobility platform to wheego or the rental company for these purposes.

This also includes the (generic) location and movement data of the respective user’s mobile device.

The vehicles can also have functionalities that enable wheego to process location data and information about the vehicle status (locking, speed, sensor data, bumps).

4.5 wheego and the lessor (in cases where the rental contract is concluded with a local company affiliated with wheego) are entitled to contact the customer by telephone or in writing by e-mail if there is a specific reason for doing so. This may be necessary, for example, to determine the cause of a malfunction. This applies enumeratively but not exhaustively

a) in the event of disruptions to the rental or usage process, e.g. if the customer opens the vehicle but does not start the journey within a foreseeable period of time after opening,

b) if the rental period is longer than expected, so that it cannot be ruled out that the customer will have problems ending the rental period

c) in the event of exceptional use of the fuel and charge card

d) in the case of automated reporting of unusual driving and steering behavior as well as impacts that may indicate damage or injury

4.6 If the customer makes use of services provided by a company other than wheego or a local company affiliated with wheego, wheego will transmit the necessary customer data to the company providing the services for the purpose of performing and invoicing these services. wheego and the lessor (in cases where the rental agreement is concluded with a local company affiliated with wheego) reserve the right to pass on the customer’s personal data to regulatory and law enforcement authorities within the scope of data protection legislation.

5 Liability and material contractual obligations of wheego

5.1 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

In the event of a breach of material contractual obligations or in the event of injury to life, limb or health, liability shall also exist in the event of slight negligence. Material contractual obligations are obligations that enable wheego to properly perform the contract with the customer in the first place and on the fulfillment of which the customer regularly relies and may rely. The claim for damages for breach of material contractual obligations is limited to the foreseeable damage typical for the contract.

5.2 wheego is not obliged to store items that the customer has left behind in the vehicle upon return. In this case wheego accepts no liability.

6 Liability of the customer

The customer is liable to wheego for damages for which he is responsible. This includes, in particular, breaches of the GTC and GTC, theft, damage or loss of the wheego vehicle as well as keys and accessories (incl. parking/fuel card, charging cable, etc.). In the event of liability on the part of the customer without vehicle insurance cover, the customer shall indemnify wheego against third-party claims.

In the event of a self-inflicted accident, the customer’s liability shall also extend up to the amount of the agreed excess to ancillary damage costs, such as expert costs, towing costs, depreciation, rental loss costs, higher insurance premiums,

The customer is liable for the consequences of traffic violations or criminal offenses committed with wheego vehicles. He is responsible for all resulting costs and indemnifies wheego completely from any claims of third parties. For the processing of traffic violations (warnings, fees, fines, etc.), the customer must pay wheego a lump sum for each case. The amount of the flat-rate fee is set out in the applicable “wheego share cost and fee schedule”.

wheego is not obliged to forward objections of the customer in the administrative offense procedure to the authorities or to conduct other research.

7. changes to the GTC

7.1 wheego reserves the right to amend these GTC and the “wheego share schedule of costs and fees” at any time with effect for the future, provided that the changes are reasonable for the customer.

7.2 The customer shall be notified of amendments to the GTC in writing, by email and/or in another suitable manner, e.g. by app notification, one month in advance. The amendments shall be deemed approved and binding for an existing contractual relationship upon entry into force if the customer does not object in writing or by email. The customer will be specifically informed of this consequence when wheego announces the changes. The customer’s objection must be sent to wheego within two weeks of notification of the changes. In the event of a timely objection, wheego is entitled to terminate the contract of use with immediate effect.

8 General provisions and place of jurisdiction

8.1 The business relationship between wheego and the customer is subject to German law. If the customer as a consumer has his habitual residence in another country, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in these GTC.

8.2 The exclusive place of jurisdiction for all present and future claims arising from the business relationship with customers who are not consumers shall be Duisburg. The same shall apply if the customer does not have a general place of jurisdiction in Germany, moves his place of residence abroad after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is filed. Mandatory legal jurisdictions remain unaffected.

8.3 Should one or more provisions of these GTC be invalid or void, this shall not affect the validity of the remaining provisions of the contract.

8.4 The European Commission provides a platform for online dispute resolution (OS) under the link https://webgate.ec.europa.eu/odr/. wheego is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

9. right of withdrawal

Consumers are only entitled to a right of withdrawal with regard to the framework agreement in accordance with the following provisions:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (Share-Tec GmbH, Theodor-Heuss-Straße 71-73, 47167 Duisburg, Germany, e-mail address: [email protected]) of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

The customer’s right of revocation shall also expire if wheego has provided the verification service in full and has only started to do so after the customer has given its express consent and at the same time confirmed its knowledge that it will lose its right of revocation upon full performance of the framework agreement by wheego.

Sample withdrawal form

If you wish to withdraw from the contract, please complete this form and return it to us:

share-tec GmbH

Theodor-Heuss-Strasse 71-73,

47167 Duisburg,

E-mail address: [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for 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 notifications on paper)
__________________

Date _______________

(*) Delete as appropriate.

General Rental Terms and Conditions of Share-Tec GmbH for the Rent Division (AVB)

Status 02/2024

I. Contractual relationship
The signatories to the rental agreement are the contracting parties. Several tenants are jointly and severally liable.
Verbal ancillary agreements are not valid, with the exception of the extension of the rental period by the tenant by telephone.

II Rental price/compensation for use
(1) The prices in the price list valid at the time of rental or the offer price confirmed on the wheego website at the time of booking shall apply. The rental price is based on the requested rental group and is made up of a basic rental price, which, depending on the offer, already includes inclusive kilometers, any additional kilometers, fees for additional or young drivers, special services as well as any location surcharges and fees for trips abroad. Special services include, in particular, one-way charges, service charges, insurance options, accessories and extras (e.g. child seat, snow chains, navigation device, etc.) as well as delivery and collection costs. For compensation for use, a usage fee based on the applicable tariff shall always be charged for any period of unauthorized use.

(2) If the vehicle is not collected or is returned prematurely, the Lessor shall offset against its rental claims the amount it earns from renting the vehicle to another party. Otherwise, any expenses saved by the Rental Firm shall be offset at 20% of the agreed rental fee, unless the Hirer can prove that the expenses saved were significantly higher. If the agreed time of return is exceeded, at least the contractually agreed rent must be paid until the vehicle is actually returned. Further claims for damages on the part of the Rental Firm remain unaffected by this.

(3) 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.

(4) The “wheego fuel and charging card” is a fuel and charging card stored in the wheego vehicle and assigned to the individual vehicle, which entitles the renter – depending on the booked tariff – to refuel or charge the rented vehicle exclusively at the defined partner filling stations and/or charging stations during the rental period.

If the wheego fuel and charging card is lost or damaged, the lessor will charge the lessee a fee of €100 plus replacement costs.

(4.1) Use of private customer tariffs with included fuel costs:

In the case of separately marked private customer bookings, the fuel costs for the rented vehicle are included in the rental rate. The renter must comply with the following requirements. If refueling is required during the rental period, the Lessee is obliged to use the fuel card stored in the rental vehicle and assigned to the vehicle and to refuel at one of the Lessor’s partner filling stations in Germany. If the Hirer does not use the fuel card stored in the vehicle or refuels at a filling station that is not a partner filling station of the Rental Firm or refuels abroad, the Hirer shall bear the full refueling costs.

(4.2) Use of tariffs without included fuel costs:

Renters who have selected a tariff without included fuel and charging costs are generally not entitled to use the fuel and charging card stored in the vehicle.

In the event of unlawful use, the customer will be charged the fuel costs incurred plus a processing fee.

If a rate without included fuel costs is used, the vehicle will be handed over with a full tank of fuel and must also be filled up by the renter at the end of the rental period. Any shortfalls will be invoiced separately to the renter on the basis of the applicable scale of charges.

III Rental period

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. Hourly rentals cover 60 minutes, daily rentals cover 24 hours, weekly rentals run for 7 calendar days and monthly rentals are calculated as 4 weekly rentals and therefore cover 28 calendar days. A weekend rate for cars covers the period from 10:00 a.m. on Fridays to 9:00 a.m. on Mondays. In the van sector, the weekend rate covers the period from 12:00 on Friday to 09:00 on Monday.

Telephone extensions of the rental period are deemed to be verbally agreed additions to the rental agreement.

IV. Payment/due date/collection costs
(1) Unless otherwise agreed, the rental price is due at the beginning of the rental period and, in the case of telephone, electronic or written rental contract extensions, 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. If the agreed rental period exceeds a period of 28 days, the rent shall be paid in periods of 28 days and at the beginning of each period. An extension of the rental period shall be deemed the start of a new billing period. Any compensation for use to be paid is due daily in arrears. Unless otherwise agreed, the rent, all other agreed fees and the security deposit shall be charged to the tenant’s means of payment, in particular credit card, debit card or Maestro card.

(2) Unless otherwise agreed, the Lessor shall grant the Lessee a deferral of the rental price for the rental period for accident replacement vehicle rentals, up to a maximum of two months’ rent, provided that at the beginning of the rental period the Lessee either has a legally binding confirmation of assumption of rental costs from a liability insurer or the Lessee signs a declaration of assignment of his claims for compensation against the third-party motor vehicle liability insurance and the party responsible for the damage. In any case, the renter remains obliged to pay the full rental price.

(3) If a down payment on the expected final rental price is agreed and made at the time of rental, the remaining amount shall be deemed deferred until the end of the rental period, but not beyond the end of a period of 28 days, unless otherwise agreed.

(4) If the hirer is in default of payment and it becomes necessary to instruct a licensed debt collection agency, the hirer shall bear the costs incurred as a result within the scope of the statutory fees of a lawyer, provided that he was not recognizably unable or unwilling to pay and has not otherwise raised any objections to the reason for the claim. In the event of default in payment, the tenant shall owe default interest in the amount of 5% above the applicable base interest rate or the corresponding key interest rate.

V. Credit card payment

The Hirer authorizes the Rental Firm 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. When collecting the vehicle, the Hirer must present the credit card with which a prepaid booking was made for identification and security reasons. If the card that was originally used has expired or has been lost or stolen, a replacement card from the original credit institution must be presented. The replacement card must be issued to the renter and the issue/expiry date must match that of the original card.

VI 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.

VII Security deposit
(1) Unless otherwise agreed, the Lessee is obliged to pay a security 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 following table, whereby the Lessor may waive part of the deposit to which it would otherwise be entitled depending on the extent of any agreed reduction in liability. The vehicle group of a vehicle can be requested at any time by telephone or at a wheego station. It is also listed in the reservation confirmation and the rental agreement.

Vehicle type (vehicle group)	BASIC protection package		CLASSIC protection package		SMART protection package		PREMIUM protection package *
	SB	Security deposit	SB	Security deposit	SB	Security deposit	SB	Security deposit
Cars + buses (all group)	15.000,00 €	250,00 €	1000,00 €	250,00 €	500,00 €	250,00 €	0,00 €	250,00 €
Car – Luxury (all groups)	80.000,00 €	2000,00 €	1500,00 €	1500,00 €	–	–	–	–
Transporter Groups: Transporter Mini, Transporter Small, Transporter Medium, Transporter Long, Transporter Extra Long	20.000,00 €	250,00 €	1000,00 €	250,00 €	500,00 €	250,00 €	0,00 €	250,00 €
Transporter Groups: Transporter case, Transporter case LBW, Transporter tarpaulin	20.000,00 €	250,00 €	1500,00 €	250,00 €	750,00 €	250,00 €	0,00 €	250,00 €

* PREMIUM protection package for vans can only be booked from a minimum age of 24 years!

(2) Instead of a deposit payment via an authorized debit entry on a valid credit card issued to the Lessee and accepted by the Lessor, the deposit may also be paid cashless via EC/Maestro card or by payment via other forms of payment accepted by the Lessor. Instead of charging the customer’s credit card, the lessor may have an amount equal to the security deposit blocked in its favor from the credit line granted to the customer by his credit card company for his credit card as part of a so-called merchant request. The security deposit will be refunded or the block will be lifted after a reasonable review period has expired and provided it has been established that there are no claims for which the rental deposit is liable.

(3) 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.

VIII. 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, the Hirer must also present a valid original identity card or passport (in conjunction with proof of residence / registration certificate not older than 30 days) and, if renting through a broker, also the voucher (in paper form or as an e-voucher). If a representative appears on behalf of the tenant, the representative must present his/her own identification documents in addition to the aforementioned identification documents of the tenant and a written power of attorney from the person being represented. The presentation of 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 the tenant’s identification documents does not apply; in the case of voluntary representation, the identification documents of the respective authorizing body must be presented instead.

(2) In the case of online bookings or bookings made through a broker, the Hirer must also present a valid credit card (MasterCard; VISA card) issued in his/her name with a sufficient credit limit.

(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.

IX. Reservations
(1) Reservations are only binding for vehicle groups and not for vehicle types (§ 311 BGB). If the Lessee does not collect the vehicle at the agreed rental time, the Lessor shall no longer be bound by the reservation from this point in time. However, the Rental Firm shall be entitled to hold the vehicle for the customer for up to 24 hours from the agreed pick-up time. The opening hours of the rental station can be requested by telephone at any time or viewed at wheego-mobility.com.

(2) Reservation bookings can only be canceled or changed free of charge up to 48 hours before the agreed start of the rental period. If a reservation booking is not canceled free of charge within less than 48 hours before the agreed start of the rental period or if the booked vehicle is not collected (“no-show”), the Lessor shall be entitled to demand compensation in the amount of the gross rental price for the reserved rental period plus other charges, but for a maximum of five rental days, unless the Lessee can prove that no or lower costs were incurred by the Lessor.

A rebooking / change made within 24 hours before the start of the rental period is possible for a rebooking fee of EUR 30 incl. VAT.

Any advance rental payment already made may be offset against compensation for reservations not canceled free of charge or rebookings subject to a charge. Any overpayment will be refunded within 10 days.

X. Vehicle handover
(1) The tank level or battery charge level on vehicle handover depends on the tariff selected by the customer.

(1.1) When using tariffs with included fuel costs

The vehicle shall be handed over to the Lessee with a fuel tank that is at least ¼ full or, in the case of electric vehicles, with a battery charge level of at least 25% and, if vehicles are equipped with an AdBlue® tank (AdBlue is a licensed cleaning fluid for exhaust gas aftertreatment, e.g. for diesel vehicles), with at least ¼ AdBlue® tank.

(1.2) When using tariffs without included fuel costs:

The vehicle will be handed over to the Hirer with a full tank or with a battery charge level of approx. 100% and must also be returned by the Hirer with a full tank or fully charged at the end of the rental period. Any shortfalls will be charged to the Hirer separately on the basis of the applicable scale of charges.

(2) 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 or, in the case of electric vehicles, the agreed battery charge level, the current mileage and, with due care, any visible damage to the exterior and interior and, if such damage is present, shall ensure that it is correctly recorded in a handover report together with the Lessor. The Lessee and/or the driver may request the Lessor to remove any dirt and/or snow residues from the vehicle that may obstruct visibility prior to handover.

(3) The Hirer is obliged to notify the Rental Firm immediately of any subsequent objections to the handover report. In such a case, the Lessor may demand the immediate presentation of the vehicle for inspection at the nearest rental station, provided that it is roadworthy and safe 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.

XI. Vehicle return/contractual penalty
(1) The vehicle must be returned on the date specified in the contract at the location agreed in the contract, unless the return date has been extended by telephone or in writing by agreement with the Rental Firm before it expires. An extension of the return date shall only be deemed to have been confirmed once this has been approved and confirmed by the Rental Firm. 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.

(2) The Hirer is obliged to return the vehicle to the agreed location at the end of the rental period with the agreed tank level or the agreed battery charge level.

(2.1) When using tariffs with included fuel costs

The Lessee is obliged to return the vehicle at the agreed location at the end of the rental period with a fuel tank that is at least ¼ full or, in the case of electric vehicles, with a battery charge level of at least 25% and, if vehicles are equipped with an AdBlue® tank, with at least 1/4 AdBlue® tank level. If the Lessee fails to comply with the refueling obligation, the Lessor shall charge the Lessee an expense allowance of €19 for refueling/charging the vehicle. If the fuel tank level is below ⅛ or, in the case of electric vehicles, the battery charge level is below 10%, the Rental Firm will charge the customer an increased expense allowance of €49.

(2.2) When using tariffs without included fuel costs:

The Lessee is obliged to return the vehicle at the agreed location at the end of the rental period with a full fuel tank or, in the case of electric vehicles, with a battery charge level of 100% and, if vehicles are equipped with an AdBlue® tank, with a 4/4 AdBlue® tank level. If the Lessee fails to comply with the refueling obligation, the Lessor shall charge the Lessee separately for refueling/charging the vehicle on the basis of the applicable scale of charges.

(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 during business hours, the Hirer may request a separate written confirmation of receipt at the rental station, certifying the condition of the vehicle with regard to visible damage, the tank level, the mileage and the date and time of return.

(4) If the time of return is exceeded by 1 minute – even through no fault of his own – in the case of hourly rentals, the Lessee shall be obliged, without prejudice to any further liability, to pay compensation for use of one hour’s rent per hour or part thereof in accordance with Section I (1) of the AVB for the period of the delay, unless the Lessor 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 time of return is exceeded – even through no fault of his own – in the case of daily, weekly, weekend or monthly rentals, the Lessee shall be obliged, without prejudice to any further liability, to pay compensation for use of one day’s rent per day or part thereof in accordance with Section I (1) of the GTC for the period in which the time of return is exceeded, unless the Lessor is responsible for the late return. The Lessee shall have the right to prove that the Lessor has incurred no or significantly less damage.

(6) If the Hirer continues to use the vehicle after expiry of the agreed rental period, whereby the return of the vehicle outside the opening hours in breach of the agreement in accordance with paragraph 6 is not included, the rental agreement shall not be deemed to have been tacitly extended.

(7) If the vehicle is returned to a rental station by the Lessee without prior agreement outside the station’s opening hours, which are posted on the Lessor’s business premises – even if the vehicle keys or documents have been deposited in a night safe – on the station’s premises that are not secured against unauthorized access, the rental contract shall be extended (free of charge) until the return station opens. In this case, the vehicle inspection and the preparation of the return report by the Lessor shall only take place at the beginning of business hours on the next working day. The Lessee shall be responsible for attending the inspection. If any damage to the vehicle is discovered prior to the rental, the Lessor shall request the Lessee who is absent at the inspection to make a statement by sending the return report, if possible together with photos of the damage, whereby in the event that the damage(s) is/are assessed by a motor vehicle expert, the Lessor may wait with the request until the expert’s report is available. If the Lessee does not respond or does not respond sufficiently within a reasonable period of time after receipt of the request, the Lessor shall be authorized to decide whether to invoice the damage. Subsequent objections by the tenant against his claim shall remain unaffected.

(8) If the Hirer is responsible for returning the vehicle to a location other than the contractually agreed location, the Hirer shall pay a contractual penalty in the amount of the difference between the rent agreed for the rental period and the one-way standard rate for the rental period. The Lessor shall be entitled to claim further damages in this respect in accordance with the statutory provisions. The contractual penalty shall then be offset against the total damage incurred.

XII. 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, in the case of vehicles with an AdBlue® tank, that the AdBlue® tank is always filled to the required level and that inspections are due,
(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 malfunctions of a digital tachograph or an on-board unit and obtain the Lessor’s instructions. In the event of intentional damage to the seals or the odometer, as well as in the event of culpable failure to notify the Lessor of the odometer failure, the Lessor shall be entitled to base the invoice on a daily mileage of 800 km, unless the Lessee provides evidence of a lower mileage.

In the case of trucks, the Lessee must also ensure that the transport and accompanying documents are in order and that an existing (digital) tachograph (also for cars above 2.8 tons gross vehicle weight) and an existing on-board unit are operated properly and in accordance with the statutory provisions. The renter is obliged to handle the on-board unit and the (digital) tachograph with care in accordance with the manufacturer’s specifications and must protect them from unlawful access by third parties and tampering. The Lessee is responsible for the correct setting of the on-board unit, in particular the number of axles and the emission class. All costs arising from incorrect settings of the on-board unit shall be borne by the Hirer. Damage and malfunctions of the on-board unit must be reported to the Lessor immediately. In such cases, the Lessee must log into the toll system manually (online or at the terminal) or (if necessary) leave the toll road network immediately.

For trucks with a gross vehicle weight of 7.5 tons and 11.99 tons, the Lessor shall not pay any vehicle tax increased by a trailer surcharge. If a rented truck is operated with a trailer, the Lessee must ensure that the vehicle tax for the trailer (trailer surcharge) is paid in full and on time.

(2) In particular,
– the commercial transportation of passengers;
– the use of the vehicle for testing purposes and participation with it in motor sport events are prohibited. 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 limitations that could impair the ability to drive (e.g. epilepsy);
– the 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 at the end of use;
– other improper use of the vehicle,
– misuse of the fuel card stored in the vehicle, which may only be used for refueling the rented vehicle in Germany, provided that a rate with included fuel costs is used. If a rate without included fuel costs is used, the use of the fuel card stored in the vehicle is generally prohibited.

(3) Trips abroad are prohibited and require the prior written consent of the Rental Firm. The manager of the rental station is authorized to give written consent, which is subject to an individual deposit and the payment of a surcharge on the rental price and which can be revoked at any time. Trips to Switzerland, Liechtenstein, Spain (excluding the African exclaves Ceuta and Melilla), Andorra, Gibraltar, Portugal, France, Great Britain, Ireland, the Netherlands, Luxembourg, Belgium, Norway, Finland, Sweden, Italy, San Marino, the Vatican City State, Austria, Switzerland, Liechtenstein, the Czech Republic, Slovakia, Poland, Slovenia, Croatia, Spain and Denmark are permitted at any time for a fee (cross-border fee) and an increased deposit, provided that the Rental Firm is notified before the start of the rental period. In the event that permission is revoked, the Rental Firm shall reimburse the Hirer for any travel abroad already paid for, provided that no border crossing has yet taken place and the revocation is not due to an action or omission for which the Hirer is responsible and which increases the risk.

(4) 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 in any case 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 Lessor shall not be obliged to lodge an appeal against its claim or to inform the Lessee before invoicing its expenses.

(5) The Lessee shall indemnify the Lessor against all claims, taxes (including interest, late payment surcharges and other ancillary claims), costs, fines and warnings asserted against the Lessor by the authorities due to an infringement for not refueling the AdBlue® tank.

(6) 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.

(7) 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.

(8) In the case of rental agreements with a duration of more than 28 days (long-term rentals), the Lessee shall bear the costs of up to 8% of the respective monthly rent (net) incurred for the procurement of refill fluids (in particular engine oil and windshield cleaner as well as windshield antifreeze) if refilling of these fluids becomes necessary during the rental period. In the case of rental periods of more than 28 days, the Lessee must also inform the Lessor, without being requested to do so, of any upcoming dates for the main inspection in accordance with § 29 StVZO and tire tread levels approaching the minimum tread depth.

XIII 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 restrictions and duration of driving license possession. This restriction shall not apply in the event that the Hirer 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 renter does not drive the vehicle himself, he must transfer all obligations arising from the rental contract and these 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 drivers). The applicable fees can be found in the price list .
If the following age limits are not reached, a driving license is excluded:

Car Economy – Compact- 18 years

Station wagon – middle class – 18 years

Fullsize, Premium, Luxury cars – 25 years

Buses, Special – 21 years

Commercial vehicles up to 7.49 tons – 19 years

Commercial vehicles over 7.49 tons – 20 years

(3) 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 requested by telephone or directly at the rental station prior to reservation or rental.

(4) The drivers are vicarious agents of the Hirer. If the vehicle is handed over to a third party, the Hirer shall in any case be liable for the third party’s compliance with the provisions of this contract and for the conduct of the third party/third parties as for his own actions. The Hirer is obliged to disclose the names and addresses of all drivers of the vehicle during the rental period at the justified request of the Rental Firm, unless they are already named in the rental contract.

XIV Behavior in the event of accidents and other damage/obligations
After any accident caused by a third party or self-inflicted accident (even without the involvement of third parties), theft, fire, collision with game or other damage to the rental vehicle, even if the latter is only minor, the Hirer and/or driver is obliged:
a) to inform the Rental Firm immediately by telephone 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 Hirer must request written confirmation of this from the police and present it to the Rental Firm 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 associated insurance policy number, and to ask persons who may 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. At the request of the Lessor, the Lessee must complete the damage form provided to him by the Lessor in full, sign it 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 with 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 Lessor’s questions about the circumstances of the damage event truthfully and promptly.

In the event of vehicle theft, the Lessee/driver is obliged to return the vehicle keys and documents immediately to the police or the nearest rental station.
The Lessee further undertakes not to make any acknowledgement of debt (either verbally or in writing), not to agree to any settlements 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.

XV 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 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.

(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, the Rental Firm shall be entitled to claim compensation from the liable parties in proportion to the severity of their fault. driver, in particular in accordance with Section XIII, the Lessor shall be entitled to assert claims against the liable parties in proportion 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 of the occurrence of the loss event or its determination or 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) 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.

(5) 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 secured loads,
– damage due to incorrect operation or incorrect fuel refueling,
– damage caused by or the loss of vehicle keys, fuel card, vehicle registration certificate 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).

XVI 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 the contract was concluded, 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.

XVII Vehicle exchange
The Lessor is authorized to exchange a vehicle provided to the Lessee for a vehicle of at least the same vehicle class at any time at its own expense if there is a legitimate interest, e.g. leasing returns or pending sale. 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.

XVIII. 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. If the renter has taken out passenger accident insurance, there is a lump sum cover of EUR 10,000 in the event of death and up to EUR 20,000 in the event of disability.

XIX Termination
(1) Both parties may terminate a rental agreement extraordinarily for good cause without notice. Good cause for termination by the Lessor shall include in particular
– a significant deterioration in the financial circumstances of the Lessee, or
– an unauthorized, even temporary transfer of the vehicle abroad, or
– prohibited use of the vehicle in accordance with Section XII (3), or
– grossly improper and/or unlawful use of the vehicle, or
– misuse of the fuel card stored in 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 reasonable efforts to do so in response to a justified request made by the Lessor within a reasonable period of time and stating reasons, or
– if the Lessee and/or his vicarious agent:
– has deliberately provided false or significantly incomplete information about himself or the driver, or
– has unlawfully concealed or attempted to conceal damage caused 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.

XX. Other provisions/jurisdiction
The Lessee may only offset claims of the Lessor against undisputed or legally established claims. 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.

XXI 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 www.wheego-mobility.com and on the notice board at every pick-up station. If a navigation device is used, 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, which are located in the vehicle or can be viewed at any rental station. 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 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.

General rental conditions for the car subscription

wheego car subscription direct rental

1. rental price/compensation for use/fuel 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 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.

2. 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.

3. payment / due date / 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.

4. 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.

5. 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.

6. security deposit / deposit

(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.

7. 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 present the aforementioned identification documents of the renter as well as his/her own documents 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 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 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.

8. 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.

9. 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.

10. 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 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.

(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 cleaned inside and out. If the vehicle is not returned cleaned 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.

11. 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 Lessee 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 testing 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 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 to 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 in any case 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 Lessor shall not be obliged to lodge an appeal against its claim or to inform the Lessee 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.

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 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 renter does not drive the vehicle himself, he must transfer all obligations arising from the rental contract and these 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:

Car Mini – Compact	18 years
Car Intermediate – Standard	21 years
Car Fullsize, Premium, Luxury	21 years
Buses	21 years
Commercial vehicles up to 7.49 tons	21 years
Commercial vehicles over 7.49 tons	21 years

(3) The respective drivers are vicarious agents of the Hirer. The Hirer shall be responsible for the driver’s actions 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.

13. 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 Lessor’s questions about the circumstances of the damage event truthfully and promptly.

(2) In the event of vehicle theft, the Hirer/driver is obliged to hand in the vehicle keys and documents immediately to the police or to the registered office of the Rental Firm. Furthermore, the Lessee undertakes not to make any acknowledgement of debt (either verbally or in writing), not to agree to any settlements 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.

14 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, the Rental Firm shall be entitled to claim compensation from the liable parties in proportion to the severity of their fault. driver, in particular in accordance with Section XIII, the Lessor shall be entitled to assert claims against the liable parties in proportion 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 of the occurrence of the loss event or its determination or 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.

15 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.

16. 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.

17. 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.

18 Other provisions / place of 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.

19. 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 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 years, 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 valid driver’s license for driving the respective vehicle in the country in which the rental agreement is concluded. In addition, the customer must in particular fulfill any conditions and requirements contained therein and carry these with him/her at all times during the rental period

3. to have held this driver’s license for at least 1 year. In the case of bookings 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 present the aforementioned identification documents of the renter as well as his/her own documents 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. 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.
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, 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 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 that it is roadworthy and safe 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 this respect 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 cleaned 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,
    • 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,
    • 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,
    • 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,
    • regularly check that the engine oil level is sufficient and that the AdBlue® tank is always filled to the correct level, as well as paying attention to due inspections,
    • 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,
    • secure the cargo properly and in accordance with the statutory provisions to prevent it from shifting,
    • not to leave the vehicle grossly soiled or with waste of any kind;
    • not to smoke in the vehicle and
    • treat the vehicle carefully and professionally.
28. Prohibited in particular are:
29. • 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 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.
30. 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 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 costs incurred by the Lessor for processing the inquiries, unless the Lessee can prove that the costs were significantly lower. The Lessor shall not be obliged to lodge an appeal against its claim or to inform the Lessee before invoicing its expenses.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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 Hirer 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 renter does not drive the vehicle himself, he must transfer all obligations arising from the rental contract and these terms and conditions to this person(s).
37. 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.
38. If the following age limits are not reached, a driving license is excluded:
39. The respective drivers are vicarious agents of the Hirer. The Hirer shall be responsible for the driver’s actions 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 contract.
40. 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:
41. • To inform the Rental Firm immediately and to agree on the further use of the damaged rental vehicle.
    • 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.
    • 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.
    • 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 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.
    • 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.
    • 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 settlements 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.
    • 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.
    • 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 Hirer, the Hirer’s liability shall also extend to ancillary damage costs, such as expert costs, towing costs, depreciation, loss of rental income costs and higher insurance premiums, up to the amount of the agreed excess.
    • If the Hirer/driver has caused the damage referred to in paragraph 1 in an attributable manner through gross negligence or has caused damage not covered by the liability insurance for the vehicle to other property belonging to the Lessor through gross negligence or has breached a contractual obligation to be fulfilled by the Hirer/driver, in particular in accordance with Section XIII, the Lessor shall be entitled to claim compensation from the liable parties in proportion to the severity of the damage. driver, in particular in accordance with Section XIII, the Lessor shall be entitled to assert claims against the liable parties in proportion 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 of the occurrence of the loss event or its determination or 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.
    • 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.
42. Braking, operational and pure breakage damage are not accidental damage and are therefore not covered by the liability reduction. This includes in particular
43. • 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).
44. 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.
45. 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.
46. 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.
47. 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.
48. Both parties may terminate a tenancy agreement without notice for good cause. Good cause for termination by the landlord includes in particular
49. • 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 inconsiderable 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
    • 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.
50. 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 good time.
51. 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.
52. The Lessee may only offset claims of the Lessor against undisputed or legally established claims.
53. 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.
54. 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.