GENERAL TERMS AND CONDITIONS OF BUSINESS

GENERAL RENTAL CONDITIONS

1. General
The vehicle described overleaf is rented subject to availability. The lessor is entitled to provide another, equivalent vehicle in the event of a technical defect or if the vehicle is returned late by a previous renter. Deviations from the equipment do not give rise to any claims by the renter.
The rental property will be checked by the landlord to ensure that it is in proper condition and free of defects at the time of handover to the tenant. If there are any defects (e.g. bodywork damage), these will be described separately in the contract.
Nevertheless, the renters are obliged to check the rental property for proper condition upon handover and to ensure that the seals are intact, the odometer reading is correct, all tools are present, the vehicle documents, the warning triangle, the first aid kit, the spare wheel and that the tank is full upon handover. The renters are obliged to immediately report any deviations from this and any externally visible defects to the lessor. Fuel costs are borne by the renters. The renters must return the vehicle with a full tank. Otherwise, the lessor is entitled to invoice the renters for the costs incurred in filling the tank.
The vehicle can be monitored using commercially available tracking systems.

2. Special obligations of tenants
2.1. General
The renters are obliged to treat the vehicle carefully and to carefully observe all existing regulations and laws for the use of a vehicle. When transporting goods commercially, the renters must comply with the provisions of the Road Haulage Act. If the vehicle is equipped with a tachograph, the renters are hereby expressly informed of the legal obligation to use this tachograph. The renters are obliged to check the engine oil and cooling water at regular intervals.

2.2. Driving authorization
The vehicle may only be driven by the renters, their employed professional drivers and the drivers specified in the rental agreement. The renters are responsible for the actions of the respective driver as if they were their own. The renters are responsible for checking whether the persons to whom they are allowed to leave the vehicle meet the requirements necessary to drive the vehicle, in particular whether they have a valid driving license. They must oblige them to comply with all agreements in this contract. The renters are obliged to inform the lessor, upon request, of the names and addresses of those to whom they have left the vehicle, in particular to identify the driver in the event of traffic accidents and in the event of administrative offenses or criminal offenses involving the vehicle. All provisions of this contract relating to the renters also apply equally to the respective authorized drivers.

2.3. Duty of care
The renters must ensure that the vehicle is carefully secured against theft. In any case, the vehicle may only be parked in such a way that damage by third parties, in particular by moving traffic, is excluded. When driving abroad (which must be permitted), the vehicle may only be left if it is guarded or parked in a locked individual or collective parking space or in a locked garage. If the renters violate these obligations, they must compensate the lessor for any damage caused as a result.

2.4. Restrictions on use
Renters are prohibited from using the vehicle for motorsport events, for testing purposes or for illegal purposes, even if these are prohibited under the law of the place where the crime is committed, in particular for the transport of hazardous goods. It is not permitted to load the vehicle beyond the legally permissible limit and beyond the vehicle manufacturer's specifications. The vehicle must be operated in such a way that extraordinary wear and tear cannot be measured (tires, etc.).

2.5. Trips abroad
are generally not permitted and require the written permission of the landlord on the front of the rental agreement in individual cases.

2.6. Obligation to report accidents
The renters/drivers are obliged to call the police in the event of any accident involving the vehicle and to insist that the accident is recorded by the police, even if no other person is involved in the accident. The renters or their drivers are obliged to record the names, first names and addresses of all those involved in the accident and witnesses, as well as the time, place, street and the police license plate numbers of the vehicles involved in the accident and to inform the lessor immediately. Opposing claims may not be accepted. The assertion of accident-related claims for damages due to vehicle damage is carried out exclusively by the lessor. The renters are obliged to give the lessor a truthful description of the course of events of the accident and to support them in asserting claims for damages by providing the necessary information. If an accident report form is included with the vehicle documents, this must be used, filled out carefully and given to the lessor.

2.7. Rental period and return
The renters undertake to return the vehicle to the lessor in the condition in which they received it, on the return date and location agreed on the reverse side, during the station's business hours. If the renters wish to change the contractually agreed vehicle return, the prior consent of the lessor must be obtained in all cases. If the vehicle, the vehicle documents or the vehicle keys are not returned on time at the agreed return location, the renters are obliged to compensate the lessor for any damage caused as a result.

2.8. Rental price
Any rental prices, special prices or discounts that deviate from the price list only apply if the vehicle is returned on time and in good condition. If the rental period is exceeded, the lessor is entitled to invoice the entire rental period according to the basic daily fee and kilometer rate in accordance with its price list, deviating from the rental prices agreed on the front of the rental agreement. The rental price is due for payment to the lessor immediately after the invoice is issued, net and without any further deductions. Vouchers are valid for one year from the date of issue.

3. Obligations of the landlord
3.1. Insurance, liability
The vehicle is insured in accordance with statutory provisions. There is no insurance for the transport of hazardous goods. In the event of intentional or grossly negligent breaches of duty and in the event of culpable injury to life, body or health, the lessor is liable without limitation for all damages resulting therefrom, unless otherwise provided by law. In the event of gross negligence on the part of non-managerial employees, the lessor's liability for property damage and financial losses is limited to the foreseeable damage typical for the contract. In the event of minor negligence, the lessor is liable for property damage and financial losses only in the event of injury
essential contractual obligations. In this case, too, liability is limited to the foreseeable damage typical of the contract. Any further liability for damages than that regulated in the preceding paragraphs is excluded regardless of the legal nature of the asserted claim. This applies in particular to unlawful acts according to §§ 823, 831 BGB; any unrestricted liability according to the provisions of the German Product Liability Act remains unaffected.

3.2. Maintenance
Maintenance of the vehicle, except for washing, will be carried out by the lessor upon registration.

3.3. Repair
If a repair is necessary during the rental period to ensure the operation or road safety of the vehicle, the renter may commission an authorized workshop for up to a cost of 50 euros without consultation. In the case of necessary repairs that exceed the aforementioned cost amount, the prior consent of the lessor must be obtained by telephone in all cases.

3.4. Technical defect
If the vehicle is no longer drivable due to a technical defect, the renter is obliged to inform the lessor immediately by telephone and to discuss the next steps with them. If no one can be reached there, the renter must contact the nearest workshop authorized for the rented vehicle type and, if the damage cannot be repaired on site, have the vehicle transported to this workshop. Under no circumstances may the vehicle be left where it is. In any case, the lessor must be informed by the following morning at the latest. The costs for this will be reimbursed to the renter by the lessor, provided the renter is not responsible for the technical defect (liability, e.g. for over-revving the engine, driving without oil, etc.). The renter cannot demand further reimbursement of costs or compensation for consequential damage from the lessor. Any necessary repair order must be agreed with the lessor in advance. The renter must immediately inform the lessor of any failure or damage to the odometer. The failure of the vehicle before the start of the rental period due to force majeure or unforeseeable influences does not entitle the renter to compensation. Any advance payments made will be refunded.

4. Liability of the renter or driver
4.1. In the event of slight negligence, the renter is liable to the lessor for any damage to the vehicle that occurred during the rental period and beyond until the vehicle is returned properly and in accordance with the contract by the lessor during business hours, in particular damage caused by the load, failure to observe the clearance height or other regulations or duties of care, to seat covers and floor carpets, rims and tires, as well as damage caused by incorrect fuel filling (the correct fuel filling must be documented by a fuel receipt) of the vehicle by the renter or driver, but also for all other damage in full. The same applies to the transport of dangerous goods. Excluded from this are damages caused by defects in the vehicle itself that were unavoidable for the renter. If the agreed return date is outside the lessor's business hours, the renter is also liable for the period from the return until the next start of business hours. All provisions of this section also apply in any case without any fault on the part of the renter.
4.2. If the renters have agreed a limitation of liability with the lessor, they are fully liable for intentional or grossly negligent actions (e.g. inappropriate speed), driving under the influence of alcohol and hit-and-run accidents, as well as in the event of a breach of duty in accordance with sections 2.1 - 2.6 of these terms and conditions. In all other respects, subject to the agreements in section 4.1, the renters are only liable for the agreed excess and for damage items that are not covered by the vehicle insurance, e.g. return costs. If several independent damages are caused, the renters are liable for each individual damage case up to the amount of the excess agreed in the rental agreement. In the event of official inquiries due to traffic violations, the lessor charges a processing fee for each individual transaction in accordance with the price list to compensate for the resulting increased administrative effort.
4.3. The lessor undertakes to assign to the lessee any claims for reimbursement of the repair costs of the vehicle or - in the event of a total loss - for reimbursement of the replacement value less the residual value, which it is entitled to against the lessee in an accident, but not more than the amount which the lessee himself paid to the lessor to compensate for this damage. Claims which have been or will be transferred to third parties (e.g. vehicle insurance) cannot be assigned. These transfers of claims take precedence over the assignment to the lessee. The assignment cannot be asserted to the detriment of such a third party.

5. Further agreements
5.1. The landlord is entitled to terminate the contract extraordinarily and without notice, even without prior warning, if a tenant has violated a provision of this contract or statutory provisions or if enforcement measures have been initiated against a tenant, but in any case if an application has been made to make an affidavit against a tenant or if insolvency proceedings have been filed or if a payment under this contract has not been made on time.
5.2. Tenants' rights of retention can only be asserted against the landlord to the extent that they are based on the same rental agreement on the basis of which the landlord asserts claims against the tenants. 5.3. Assignment of tenants' claims against the landlord is not permitted.
5.4. No further agreements have been made other than those set out in writing on the front of the contract and in the General Terms and Conditions. Subsequent agreements must be in writing to be legally effective. This also applies to any waiver of this written form requirement.
5.5. The landlord records the tenants’ personal data in their computer systems.
5.6. The transfer of this data to third parties to enforce the legitimate interests of the landlord within the framework of the contract and its processing as well as within the framework of the enforcement of the landlord's claims is permitted.
5.7. If the booking is cancelled by the tenant between four weeks and one week before the date, the deposit will be charged as a cancellation fee. From one week before the date, the entire rental price will be charged. The booking can be transferred. In this case, the above fees will be reduced by half.

6. Place of jurisdiction and place of performance
German law applies. The place of jurisdiction for all disputes arising from this contract is Aachen or, at the discretion of the lessor, the location of a branch or rental station of the lessor, provided that the tenant is a merchant within the meaning of the German Commercial Code (HGB) and concludes the contract in the exercise of his business activity. Should individual contractual terms be or become legally invalid, this does not affect the validity of the remaining agreements. An invalid provision is to be interpreted in such a way that, on the one hand, it is valid and, on the other hand, the purpose pursued with the invalid provision is achieved as far as possible.

Terms and conditions read and accepted.