Business and payment conditions of vehicle rental
FunCar Rent-a-Car, hereinafter referred to as “lessor”, rents the vehicle described overleaf according to the terms and conditions started, which the renter named overleaf, acknowledges by his/her signature. The basis for this rental agreement is exclusively the data included overleaf and this rental agreement. Additional agreements require the written form. The renter accepts that data relating to this rental agreement are processed safely by automated means. Each signatory to this contract (renter, driver) is jointly liable, in addition to the natural or legal person for whom this contract has been concluded.
2. Reservation, transfer, extension and return
By signing this agreement, the renter agrees that he/she has received the vehicle in a proper condition without any defects, in fail-safe and traffic-safe condition, with all its documents, accessories, first aid kit, emergency reflective triangle, tools, accident report form and intact speedometer; Without prejudice to the guarantee provisions, the renter has to report any damages, which can be detected at the receipt without any accurate and expert examination, directly after handover, otherwise the renter shall be responsible for all damages which result from it to the lessor, in particular for those resulting from the lack of adequate information. The renter undertakes to use the vehicle and the above-mentioned equipment in a gentle way and return it in the same good condition and with equipment to the agreed place and date. The lessor reserves the right to take possession of the vehicle at any time at the expense of the renter if the renter is using it in an improper way and not in accordance with this rental agreement, given that it is not merely a minor infringement which in an objective aspect, would not cause damage or loss for the lessor.
If the vehicle is returned later than the agreed date and time, the additional period, but at least an additional day, shall be charged; If the rental agreement has been concluded on the basis of a special offer, the standard tariff shall be applied. If the vehicle has still not been returned 12 hours after the agreed date, this will be reported to the police.
Reservations of vehicles that are not maintained one hour after the agreed time, expire automatically.
The rental fee shall has to be paid in advance, an extension of the period via phone call is not possible.
3. Use of the vehicle
The renter is obliged to handle the vehicle carefully and to comply with the applicable legal regulations, in particular the vehicle must not be used:
- for commercial transport of people and or goods, for the unauthorized subleending
- for racing and test rides or other sport events
- for the transport of animals or goods which could lead to damage or contamination of the car
- by a person under the influence of alcohol or drugs or by a person who is not the condition to fulfil the requirements of vehicle drivers according to the applicable regulations
- for towing other vehicles or pulling objects
- for violating traffic regulations or other regulations
- furthermore, the vehicle may only be driven by another person if such person has been registered in advance by the renter in the line provided for this purpose overleaf
- for travelling abroad, unless a corresponding permission has been given. If a corresponding permission has been issued, the renter is responsible for compliance with the respective customs, import and other regulations and shall assume responsibility for indemnification to be paid by the insurer, which was culpably prevented by the renter, or in case of the lack of insurance coverage corresponding to the terms and conditions (e.g. part of Turkey belonging to Asia) regardless of the eventual liability reduction concluded inland and regardless of all damages caused in the vehicle and of the loss caused by these.
- In case of journeys outside Austria, a lump sum of EUR 29, – has to be paid for satellite positioning- / activation.
- Fuel costs are to be borne by the renter. No modifications or repair work may be carried out on the vehicle without the explicit consent of the lessor, unless the repair is absolutely essential for the safe operation of the vehicle and the lessor is not available by telephone within a reasonable time.
- When the vehicle is not in use, the doors, windows as well as the steering-wheel lock must always be locked. If the vehicle is equipped with a protective system, the anti-theft device (for example a locking bar) must be used.
- At all times, the renter must take all precautions to prevent the vehicle from being put into operation by unauthorized persons. If the vehicle is not used in accordance with the terms of the rental agreement, the renter is liable regardless of the completion of a liability reduction and without limitation of the amount, in particular in the event of theft, loss, damage to the vehicle or parts of it.
- The renter will do everything possible to avoid mechanical errors or vehicle failures. The lessor assumes no liability for such errors or failures or any losses or damages resulting therefrom, except for personal injury, unless the lessor or a person for whom the lessor is liable has caused the damage intentionally or through gross negligence. A obligation to indemnify according to the Austrian Product Liability Law (PHG; Produkthaftungsgesetz) or other product liability claims derived from other provisions for property damages to operationally objects by the company are excluded.
4. Accident, breakdown
In the event of a traffic accident, the renter or driver shall comply with the statutory provisions, the conditions of the general liability and the insurance and of the comprehensive insurance as well as, with the provisions of this agreement. In particular, the renter or driver is obliged:
- to stop immediately
- to take the necessary measures to prevent further personal or material damage
- to take part in the determination of the facts, to record the name / address of all people and witnesses involved, the registration of the number plate of the vehicles involved and their liability insurers, and to provide the lessor with a detailed, truthful description of the accident including the sketch (accident report)
- not to issue a culpability or liability declaration
- to immediately inform the nearest police or gendarmerie service and to have the accident photographed, even if no personal injury has occurred. If the police refuses to record the accident on the spot, a self-denunciation may be made. This has to be done immediately as well
- in case of accidents involving unknown parties, the renter shall report at the nearest police station or make a self-declaration immediately
- to notify the lessor immediately on telephone, by telegram, fax or, if this is not possible, in writing and the renter shall wait for the lessor’s instructions.
The tenant and a driver who is possibly authorized are covered by a motor vehicle liability insurance, which is to be inspected at the lessor’s office.
In case of a breakdown, the lessor has to be notified immediately by telephone, by telegram, fax or, if this is not possible, in writing and the renter shall wait for the lessor’s instructions.
5. Usage fees
The renter undertakes to pay to the lessor the following amounts for the use of the vehicle:
5.1 These are listed overleaf or in the valid price lists, which the lessor is entitled to charge directly on the basis of the rental agreement or later using the means of payment made available for covering the rental costs. If the rental agreement is not concluded personally by the renter, the person who is subject to it shall be liable for the sums, unless it is the case of legal representation.
5.2 Kilometre fees according to the tariff, which is applicable to the kilometres covered by the vehicle during the rental period. The calculation of the rental fee is based exclusively on the figures of the odometer-display. In the event of its failure, the kilometre fees are calculated on the basis of the distance covered according to the road map.
5.3. Daily fees, fees for the extended liability reduction and the additional costs of the tariffs indicated overleaf.
5.4. Delivery and return fees based on the data indicated overleaf. In the case that the vehicle is not returned at the agreed location and time, the lessor is entitled to charge the standard tariff for the exceeding period.
5.5 All taxes to be charged.
5.6 All charges, fines and costs imposed on the renter or against the lessor or at the expense of the vehicle due to violation of traffic regulations in connection with the use of the vehicle during or after this rental agreement, unless these are clearly due to a fault of the lessor. In this case, proof of no-fault must be provided by the renter. A handling fee of € 9.50 per case will be charged for the processing of infringements, parking fines, municipal penalties, and fines based on the statement of (actual) driver.
5.7 All costs necessary for the appropriate enforcement of rights, which incur for the lessor through the enforcement of any payments due to rents, including appropriate legal fees and expenses for the management of claims by a licensed collection agency according to the fee guidelines of the Austrian Federal Economic Chamber of 1993 (Federal Law Gazette 141/1996). In case of default, the interest on the amount due is also explicitly agreed with a default interest rate of 14%, but it is at least EUR 5.
5.8 If the renter or authorized driver is involved in a traffic accident with the vehicle in question, where the renter or the authorized driver is at least partly culpable, the lessor is not obliged to provide a replacement vehicle for the rest of the agreed rental period. In such case, the renter is not entitled to reduce the rental fee.
5.9 Costs, which arise for the renter from repair or replacements works (including fire, glass breakage, theft or loss of the vehicle) including costs for a replacement vehicle, vehicle recovery, loss of value, compensation for lost rental income etc. The renter is responsible for this, whereby according to § 1298 of the Austrian Civil Code (ABGB, Allgemeines Bürgerliches Gesetzbuch), the renter has to prove the lack of his/her fault in case of violation of contract. If the renter, due to his/her fault, does not satisfy his/her insurance obligations, he/she shall bear the resulting damages and losses.
5.10 If the vehicle has been used in accordance with the provisions of the rental agreement and the legal regulations, the liability of the renter is limited in such a way that it does not exceed the maximum sum stipulated in the price list and determined overleaf, or it is reduced to the sum indicated in the price list or specified overleaf at most, if the renter or the lessor have agreed in advance on the extended limitation of liability, which is verified by the renter’s signature at the designated space in the rental agreement.
The reduction of liability shall cease to be inforce in the case of culpable breaches of the terms of the agreement or the statutory provisions as far as these violations caused damage or prevented the replacement by the insurance.
The rental costs incurred as well as the all-time compensations for damages have to be paid immediately by the renter at the time of the return of the rental vehicle.
5.11 If the renter chooses the “unlimited kilometre” tariff or the hourly rental, he / she takes note of the fact that the mentioned tariffs cannot be combined with other tariffs.
5.12 Animals should be transported exclusively in transport containers intended for this purpose. In case of non-compliance and resulting pollution or animal odor in the vehicle, a cleaning fee of € 150.00 will be charged.
6. Down payment, security
Depending on the type and duration of the rental, the lessor can demand a security in addition to the rental fee up to the extent of the value of the vehicle. The minimum security equals the amount of the expected rental fee. The down payment / security will be invoiced at the time of settlement.
If with signing the rental agreement identity papers or any documents have been given for the purpose of certifying a contractual right of retention, the lessor is entitled to the retention until the payment of the rental fees mentioned in point 5.1 above, including the all-time compensation for the exceeding period (point 2 of the terms and conditions of vehicle contract), the kilometre fees mentioned in point 5.2, the daily tariff in point 5.3, the delivery and return fees according to point 5.4, the taxes included in point 5.5, the fees, fines, and costs mentioned in point 5.6, if these have already existed at the time of returning the vehicle, the costs mentioned in point 5.7, and the limitation of liability listed in point 5.10, provided that the items mentioned are settled in each case.
7. Insurance coverage
The lessor provides insurance coverage within the scope of statutory liability insurance, on the basis of the provisions applicable to motor vehicle liability insurance and the general insurance conditions. The amount of the coverage is at least EUR 1,000,000.00. The deductible of the renter is limited to € 500.00 per claim. If, however, the renter violates the obligations included in point 3 of the general terms and conditions concerning treatment, use and supervision of the vehicle or the rules regarding the usual procedure in the case of accidents or breakdowns mentioned in point 4, the renter shall be liable without the above limitation for the entire loss incurred. Objects belonging to the renter or people transported by him in the vehicle are not insured.
By paying an additional fee, for damages incurred in the rented vehicle during traffic accidents due to his/her own fault by slight negligence, the liability of the renter is reduced to an amount of EUR 500.00 (per claim) (see overleaf). Irrespective of the question of guilt, EUR 49.00 per claim will be charged.
The reduction of liability shall cease to be in force in the case of breaches of terms of the agreement or the legal provisions. In case of damages to vehicle structure, the exterior mirrors as well as tire and rim damages the liability reduction is excluded due to a lack of insurance coverage. For such damages, the renter shall take full responsibility in case of fault, for which the renter may prove his/her lack of culpability according to § 1298 of the Austrian Civil Code (ABGB, Allgemeines Bürgerliches Gesetzbuch).
The service does not include a passenger accident insurance; the renter is liable for all damages to the passengers.
8. Final provision
Nullity of individual points of this agreement does not result in the nullity of the entire contract. The remaining parts of the agreement shall remain unchanged and legally valid. If the renter is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG, Konsumentenschutzgesetz), and is domiciled or has his usual residence in Austria, or if he/she is employed in the country, the place of jurisdiction shall be determined according to the general rules, otherwise the place of jurisdiction and execution is Vienna.
9. Data protection
We process your master data, communication data, contract data, financial data as well as any voluntary information solely for the purpose of reservation and for the conclusion and fulfillment of a car rental contract. In addition to your and our security, for example, to avoid default and to prevent property offenses (especially fraud, theft, embezzlement). More detailed information on data protection can be found on our homepage under the heading Privacy: www.funcar.at