Условия заключения сделки и платежа к договору аренды автомобиля
FunCar Car Rental, hereinafter referred to as the Lessor, rents out the motor vehicle specified in the rental agreement in accordance with the rental agreement and the following terms and conditions, which the named Lessee acknowledges by means of his signature. The basis of the rental agreement is exclusively the information on the rental agreement and these contractual conditions. Any additional agreements must be written form. The Lessee acknowledges that data in connection with the rental agreement will be processed with the aid of automation. Each signatory of the contract (renter, driver) is personally liable as a joint and several debtor in addition to the natural or legal person for whom he has concluded this contract.
2. reservation, delivery, extension and return
If the reservation is made 72 hours before the agreed pick-up time, it can be cancelled free of charge (except 7 & 9 seater), if the cancellation is made up to 48 hours before, the cancellation fee is 50%, after that the cancellation fee is 100% of the rental price. The estimated rental amount for luxury vehicles, classic cars and electric vehicles must be received at least 24 hours prior to rental by credit card, bank transfer or cash.
By signing the rental agreement, the renter acknowledges having taken over the vehicle in proper condition without defects, in operational and roadworthy condition, with complete vehicle papers, accessories, first-aid kit, warning triangle, tools, accident damage sheet and unbroken speedometer; The Lessee must notify the Lessor immediately after handover of any damage that can be detected at the time of handover without a detailed professional inspection – without prejudice to the warranty provisions – otherwise the Lessee shall be liable for all disadvantages incurred by the Lessor as a result, in particular those resulting from problems of proof and clarification. The lessee undertakes to treat the vehicle together with the above-mentioned equipment in a careful manner and to return it in the same good condition and equipment at the place and date agreed in the rental contract. The Lessor reserves the right to take possession of the vehicle at any time at the Lessee’s expense if the vehicle is culpably not used in accordance with the rental agreement and if this is not merely a minor violation which, when viewed objectively, does not cause any damage or disadvantage to the Lessor. The rental agreement shall also be deemed terminated if the vehicle is driven to countries that were not agreed upon in writing in the rental agreement and/or if the agreed mileage is exceeded. If the renter provides false information regarding the destination, the use of the vehicle and/or the accessibility (invalid phone number, e-mail address, etc.) and is not available for the lessor, the lessor reserves the right to terminate the rental agreement, to secure the vehicle at the expense of the renter, to recover it and to report to the competent authorities in case of suspicion of fraudulent intent. If the vehicle is returned later than agreed in the Rental Contract, the time of the overdraft, but at least one additional day, will be charged; if the Rental Contract was concluded on the basis of a promotional price, the normal rate will be applied for the overdraft. If the vehicle is still not returned 12 hours after the agreed time, the police report will be made. The rental fee must be paid in advance; it is not possible to extend the rental period by phone. Reservations of vehicles that are not kept 15 minutes after the agreed time automatically expire.
3. use oft he vehicle
3.1 The renter/driver must be in possession of a valid driving license for the corresponding vehicle class at the time of rental and during the entire rental period. Renters who have not reached the age of 24 will be charged an additional fee of € 15,— /day for vehicles with a system power of 200kW or more.
3.2 The renter undertakes to treat the vehicle with care and to comply with the applicable legal regulations, in particular it must not be used:
- for the transport of persons and goods against payment, for unauthorized subletting
- for races, betting, test drives or traffic practice drives of any kind or other sporting events for the transport of animals or goods, which could lead to damage or soiling of the vehicle.
- for the commercial transport of goods or merchandise
- for towing other vehicles or for towing objects from a person under the influence of alcohol or drugs or in any way not in a condition in accordance with the regulations in force on the condition of drivers of vehicles
- to violate traffic or other regulations
- furthermore, the vehicle may be driven by another person only if such a person has been recognized in advance by the Lessor by registration in the line provided for this purpose overleaf.
- to travel abroad, unless a corresponding permission has been granted in writing. If a corresponding permission has been granted, the Lessee shall be responsible for compliance with the respective customs, import and other regulations and shall be liable for all damage to the vehicle and for its loss in the event that the Lessee is culpably prevented from obtaining compensation from the insurance company or in the event that insurance cover is conditionally lacking (e.g. Asian part of Turkey), irrespective of any liability reductions agreed for the domestic market and irrespective of fault.
3.3 No changes or repairs may be made to the vehicle without the express consent of the Lessor, unless the repair is absolutely necessary for the safe operation of the vehicle and the Lessor cannot be reached by telephone within a reasonable time.
As long as the vehicle is not in use, the doors, windows and the steering wheel lock must be kept locked at all times; if the vehicle is equipped with a protection system, the mandatory use of the anti-theft device (e.g. locking bar) must be ensured.
3.4 In general, the Lessee shall take all precautions to prevent the vehicle from being used by unauthorized persons. If the vehicle is not used in accordance with the terms of the Rental Contract, the Lessee shall be liable, notwithstanding the conclusion of a liability reduction and without any amount limitation, in particular in case of theft, loss, damage to the vehicle or parts thereof.
3.5 The Lessor shall do everything possible to avoid mechanical defects or malfunctions of the vehicle. The Rental Firm shall not be liable for such faults or malfunctions or for any loss or damage resulting therefrom – with the exception of personal injury – unless it or a person for whom it is responsible has caused the damage intentionally or through gross negligence. Any liability to pay compensation under the Product Liability Act or product liability claims derived from other provisions for damage to property of companies used for business purposes is excluded.
4. accident, breakdown, damage
In the event of a traffic accident or damage to the vehicle, the renter or driver must behave in accordance with the provisions of this contract, the statutory provisions and the general insurance conditions of liability and comprehensive insurance. In particular, he is obliged
- to stop immediately
- to take measures to avoid further damage to persons or property
- to cooperate in establishing the facts of the case, to record the names/addresses of all persons and witnesses involved, the police registration numbers of any vehicles involved and their liability insurers, and to provide the lessor with a detailed, truthful account of the accident or damage, including a sketch (accident report)
- not to make any declaration of guilt or liability
- immediately inform the nearest police station and have the accident recorded without fail, even if no personal injury has occurred. If the police refuse to record the accident on the spot, a self-report can be filed as a substitute. This must also be done immediately.
- in the case of accidents with unknown opponents, to report the accident immediately to the nearest police station or to file a self-report.
- to notify the lessor immediately by telephone or in writing by e-mail and to wait for the lessor’s instructions.
Personal injuries of the renter as well as of a possibly authorized driver are covered by a motor vehicle liability insurance. For property damage, point 7 of these conditions applies.
In the event of a breakdown or accident, the Lessor must be notified immediately by telephone or in writing and his instructions must be awaited.
In the event that the Lessee or authorized driver is involved in a traffic accident with the vehicle in question, for which the Lessee or authorized driver is at least partially responsible, the Lessor is not obligated to provide a replacement vehicle for the remainder of the agreed rental period. In such a case, the Lessee shall not be entitled to a reduction of the rental fee.
5. charges and damages
The Lessee undertakes to pay the following amounts to the Lessor:
5.1 The charges for the use of the vehicle stated in the Rental Contract or in the valid price lists, whereby the Lessor is entitled to charge them in advance after the conclusion of the Rental Contract or also subsequently using the means of payment provided for covering the rental costs (deposit, direct debit authorization, credit card). The Lessee acknowledges that the “unlimited mileage”, “promotional rates” and “hourly rental” rates cannot be combined with other rates.
If the rental agreement is not concluded by the renter personally, the person signing on his behalf shall be liable for the amounts, unless there is a power of representation.
5.2 Mileage charges for the kilometers covered by the vehicle during the rental period, if agreed. The calculation shall be based exclusively on the figures of the odometer. If the odometer fails, the calculation shall be based on the distances that can be derived from the road map for the distance traveled.
5.3 Daily fees, fees for the extended liability reduction, the additional costs at the agreed conditions according to the rental agreement.
5.4 Delivery and pick-up fees, according to the expenses . In case the vehicle is not returned at the agreed place and time, the Lessor is entitled to pick up the vehicle immediately and additionally charge the normal rate for the period exceeding the agreed rental period until the vehicle can be rented again.
5.5 All taxes to be levied (e.g. sales tax)….
5.6 All fees, penalties and costs imposed on the Lessee or on the Lessor for violation of traffic regulations in connection with the use of the vehicle during or after this rental agreement, unless these are clearly due to the fault of the Lessor. For the processing of penalty orders, parking fines, magistrate fines, driver information, etc., a manipulation fee starting at € 9.50 will be charged per case to be processed.
5.7 All costs incurred by the Lessor for the purpose of pursuing legal action in order to collect payments of rent due hereunder, including reasonable attorney’s fees as well as costs for the collection of claims by a licensed collection agency pursuant to the fee guidelines of the Federal Chamber of Commerce 1993, limited pursuant to BGBL 141/1996..
5.8 All costs incurred by the Lessor for repairs or replacement of damage caused to the vehicle during the rental period (including parking damage, fire, glass breakage, theft or loss of the vehicle), including the cost of a replacement vehicle, vehicle retrieval, loss of value, in case of his fault also compensation for lost rental income, etc.). A limitation of liability can be agreed upon (see point 7.), but not in case of culpable violations of the terms of the contract or legal regulations, if these violations were the cause of the damage or prevent the compensation by the insurance.
5.9 In case of unusual soiling (e.g. by animals, cigarette smoke or other dirt), a cleaning fee shall be charged according to expenditure, at least EUR 150,00.
5.10. As far as the permissibility of trips outside of Austria have been permitted in writing by the Lessor, a lump sum in the amount of EUR 29.00 for satellite tracking / activation is to be paid.
5.11. The fuel costs/recharging costs shall be borne by the Lessee. Unless otherwise agreed in writing, the vehicle is to be returned in a fully fueled or at least 80% charged condition.
6. deposit, payment, security deposit
6.1 The Lessee shall pay a security deposit to the Lessor upon conclusion of the rental agreement, the amount of which shall depend on the type and value of the vehicle – up to a maximum of the value of the vehicle plus the rental costs.
6.2 The Lessor shall have a contractual right of retention to the deposit as well as to any identification documents or other documents of any kind handed over for deposit purposes upon signing of the rental agreement until payment of all charges listed above under item 5, including for any overdraft period (item 2 of the terms and conditions of business and payment for the vehicle rental agreement), which have accrued up to the time of return or whose accrual is known up to the time of return.
6.3 The Lessor reserves the right to add the discount to the rental price in case of credit card and bank transfer payments.
7. insurance coverage
7.1 Comprehensive insurance: The Lessor shall provide insurance coverage within the scope of the statutory comprehensive insurance on the basis of the provisions applicable to motor vehicle insurance and the general insurance conditions. The sum insured shall be at least EUR 1,000,000. The renter has to pay for the damages covered by the comprehensive insurance a deductible up to the amount of € 2500,— (agreed upon in writing according to the rental agreement) per case of damage. The limitation of liability to the deductible does not apply if the Renter violates the agreed obligations on the treatment, use and supervision of the vehicle or the obligations contained in point 3. of these GTCs on the use of the vehicle or the obligations contained in point 4. of these GTCs on the procedure in case of accidents or breakdowns or damage. The Renter’s belongings in the vehicle or the belongings of persons carried by the Renter are not insured. The H comprehensive insurance does not cover damage to vehicle interiors, vehicle superstructures, exterior mirrors, tires and rim damage. If, due to the fault of the renter, whereby he has to prove his lack of fault in case of breach of contract according to § 1298 ABGB, the comprehensive insurance does not provide compensation for damages, he has to bear the resulting disadvantages of the lessor.
7.2 Irrespective of the question of fault, EUR 69,- per claim will be charged as a handling fee in case of damage.
7.3 Not included in the services is a passenger accident insurance; the renter is liable for all damages caused to the passengers.
8. final provision
The possible invalidity of individual points of this contract does not result in the invalidity of the entire contract. The remaining content of the contract therefore remains unchanged legally valid. If the Lessee is a consumer in the sense of the KSchG and he has his domicile or habitual residence in Austria or he is employed in Austria, the place of jurisdiction shall be determined according to the general rules of jurisdiction, otherwise the place of jurisdiction shall be Vienna. Place of performance is Vienna.
9. data protection
We process your master data, communication data, contract data, financial data and any voluntary information exclusively for the purpose of the reservation and for the conclusion and performance of a car rental contract. In addition, for your and our safety, for example, to avoid non-payment and to prevent property crime (especially fraud, theft, embezzlement). You can find more detailed information on data protection on our homepage under the heading Data Protection: www.funcar.at