Terms and Conditions

Car Rental Zum Zacherl
Elisabeth Zacherl
Hohenlindner Str.1
85622 Feldkirchen

Tel:    +49 (89) 99 02 39 88
Fax:    +49 (89) 99 02 39 97

eMail:  info@avzacherl.de
URL:   http://www.avzacherl.de

I. Responsibilities of the Hirer

1. Rental price and Payment conditions

• The Rental charge is according to the written rental contract agreement & the price list given by the RENTAL COMPANY. The price, including VAT at the time of signing the contract, must be paid at the end of the rental period. The payment received must be credited within 2 weeks of handing over the vehicle, otherwise the HIRER will be charged a late fee. Hereafter the HIRER will be charged for all extra administrative costs, default interest and all expenses incurred until payment is received. Multiple HIRERs are liable as co-debtors.
• If the vehicle is returned to a different station & not its original hiring station as written in the contract, the HIRER will be liable for all costs incurred in returning the vehicle to the original station.
• If the mileage clock is not working correctly, the HIRER is obliged to immediately take the vehicle to the next appropriate garage and to inform the RENTAL COMPANY. If the HIRER does not observe this obligation, then vehicle mileage will be charged at 100km per day.The HIRER can, if he wishes, prove that the loss to the RENTAL COMPANY is much less or non existent respective to the amount of mileage on the clock.
• The RENTAL COMPANY can claim further compensation from the HIRER if he handled without the RENTAL COMPANY’s approval or against the RENTAL COMPANY’s instructions, or if it is proved to have driven more miles.
• Fuel costs will be charged to the HIRER.

2. Prepayment

The RENTAL COMPANY can demand a prepayment of the expected rental charges.

3. Vehicle usage

• Authorization to drive the vehicle
  The vehicle should only be driven by the HIRER, his professionally employed driver or a person named in the rental contract. The HIRER or other drivers must treat the rented vehicle as he would his own. All approved drivers have to agree to the terms of the contract. The HIRER is responsible for the appointed driver operating the rented vehicle.
• Obligation to co-operate
  The HIRER must handle the vehicle with the utmost of care and observe all traffic regulations and technical rules regarding the vehicle, especially the specifications of the RENTAL COMPANY with regard to maintenance of the vehicle and inform the RENTAL COMPANY of any necessary maintenance that needs to be done. Furthermore the HIRER must always lock the vehicle and any non-fixed technical apparatus viewable within the vehicle, to avoid theft.

Fixed equipment and mobile phones are owned by the RENTAL COMPANY and may only be used for the reason they were made. The phoned units will be given to the HIRER as a payable invoice according to the terms of the Mobile phone Company. The HIRER must follow the instructions of the RENTAL COMPANY with regard to the usage of the mobile phone.

• Permitted usage
  The HIRER is not allowed to use the vehicle for taking part in sport events, test runs, as a people- goods carrier or general misuse. Travel outside Germany is only allowed with the agreement of the RENTAL COMPANY.
• Obligation following an accidents
  If the HIRER has an accident he is obliged to inform the RENTAL COMPANY immediately, at the latest by return of the vehicle. All details must be given in writing with a diagram of the incident. The accident sheet must detail name and address of all the parties involved in the accident, including any witnesses, as well as the car registration numbers and makes of all vehicles. If there are no witnesses the HIRER is obliged to inform the police and get an official protocol from the police. Demands from other parties will otherwise not be accepted. The HIRER must immediately report fire and theft, as well as damage caused by collision with wild animals to the RENTAL COMPANY and police.
• Return of the Vehicle
  The HIRER is under obligation to return the vehicle to the station agreed to in the written contract. The HIRER must return the vehicle in the same condition as when he first hired the vehicle with the exception of normal daily wear and tear.The return can only take place during normal working hours unless otherwise agreed in the contract.If the vehicle is returned later that an hour after the agreed time, the HIRER is, irrespective of any liabilities according to Paragraph IV of the terms and conditions, obliged to pay for the extra time that the vehicle has been used.

4. Cancellation

Both contract parties can cancel the contract in accordance with the statutory provisions. The RENTAL COMPANY can cancel the contract without notice if there are exceptional reasons; if the HIRER is more than 7 days in arrears with the rent or if the circumstances make it impossible for the contract to be upheld.

II. Responsibilities of the RENTAL COMPANY

1. State of the vehicle

The RENTAL COMPANY hands over a roadworthy and technically sound vehicle, including accessories.

2. Insurance

The vehicle is covered according to the General Insurance Conditions for Vehicle Insurance (AKB). The following limits of liability are covered:

• Personal injury 2.5 Million Euro per person, max. 7.5 Million Euro per event. 500,000 Euro for property damage & pure financial loss
• Coverage for fire, theft, elements, glass, collision with wild animals with an excess of 150 Euro per claim

3. Maintenance

The maintenance of the vehicle, except car washing, will be done by the RENTAL COMPANY after registration. If the HIRER is informed that maintenance is needed he is obliged to allow the RENTAL COMPANY to carry out this maintenance. If the maintenance cannot be carried out on site because the vehicle is too far away, then the HIRER is obliged to carry out the maintenance under the instructions of the RENTAL COMPANY. In this case the RENTAL COMPANY will reimburse the HIRER of costs incurred.

4. Repair work

If, during the rental period, a repair is necessary to maintain the safety and roadworthiness of the vehicle, the HIRER can call into a contracted garage and have repair work carried out to the amount of 100 euros without having to inform the RENTAL COMPANY. If the repair work is more costly, then the HIRER must have the agreement from the RENTAL COMPANY to carry out the repairs. The repair costs will be carried by the RENTAL COMPANY, as far as the HIRER is, not responsible for the problem, see paragraph IV.

III. RENTAL COMPANY Liability

Unless coverage is provided in the vehicle's liability policy, then the RENTAL COMPANY is liable for injury caused by them wilfully or by gross negligence to the HIRER. This does not apply for damages resulting from bodily harm or breach of contractual duties.

IV. HIRER Liability

• The HIRER is liable, under the conditions of the general insurance cover, especially if the HIRER is unfit to drive due to the effects of drugs or alcohol or by disregarding the Sign 265 STVO (headroom), for all unlimited damage caused to the RENTAL COMPANY. The HIRER is also liable for any damage that occurs during illegal usage of the vehicle (I nr 3c) through illegal cargo or inappropriate handling of the vehicle. If the HIRER leaves the accident scene without permission ($ 142 StGB) or violates these terms and conditions, he will be held responsible unless his actions have no influence on the ascertainment of damage.
• For a nominal fee the RENTAL COMPANY can exempt the HIRER from damages to the rental vehicle, according to principles of the Comprehensive coverage if necessary without retention (heavy goods vehicle retention minimum 150.00 Euros) and as far as the insurance contract was made before 01.01.2002 with a retention fee of 153.39 Euros. The HIRER cannot be exempt from the liability in I Nr. 1-4
• Unless a indemnification clause is written into the rental contract, the HIRER is liable for the costs caused by his accident; i.e. all damage repairs, respectively for write-off damages or replacement value of the damage vehicle, restricted to the highest amount on the valid pricelist. It is the HIRER’s responsibility to prove that the RENTAL COMPANY has received no or little damage
• If the damaged vehicle cannot be rented out the HIRER pays for each day’s loss of charges, a flat-rate compensation of two-thirds of the days rental or 10 times the hourly rental charges, will be charged.It is the HIRER’s responsibility to prove that the RENTAL COMPANY has received no or little damage
• The HIRER is liable for all breaches of the traffic laws incurred by him
• Multiple HIRERs are liable as joint offenders.

V. Maturity and Limitation

• The RENTAL COMPANY has the right to claim compensation for the change or devaluation of the Vehicle up to a 6 month period of time, according to paragraph 558 of BGB, from the time of the return of the vehicle
• In case of the accident being recorded by the police, the claims for damages by the RENTAL COMPANY against the HIRER will be due only after the RENTAL COMPANY has had the opportunity to look into the official police files.
  The period of limitation starts in this case at the latest 6 months after return of the vehicle. The RENTAL COMPANY is obliged to get access to the police files as fast as possible and to inform the HIRER that he has done so.

VI. Jurisdiction and the rights of contract

It will be agreed that the location of the RENTAL COMPANY is also the jurisdiction location

• if the HIRER does not have a domicile in Germany or
• he has moved outside of Germany since signing the contract or
• his main domicile is outside of Germany or he has no known official address at the commencement of lawsuit or
• the HIRER is a legal person of a public corporation or separate estate under public law or trader. For all contractual regulations and its interpretations, German law applies

VII. Data Protection

• The HIRER agrees that the RENTAL COMPANY will store the necessary Contract data using a central warning system at the BAV, Federal Association of Vehicle Rental Companies, Germany. Grafenberger Allee 363, 40235 Düsseldorf. In the case of a contract violation (non returned vehicle, false data when signing the contract, false driving license, false passport etc. non-payment, deliberate accident) this will be reported to ensure the protection of interests of the RENTAL COMPANY, any affiliated member of the BAV or the general public and the HIRER has no reason to assume that this data will otherwise used.
• The RENTAL COMPANY will be authorized, to collect information about the trustworthiness of the HIRER from the BAV and/or any breaches of contract that other companies have reported.
  The BAV has the right to disclose any data that maybe of interest to the RENTAL COMPANY. The BAV will only disclose objective data. The HIRER can obtain this stored data from the RENTAL COMPANY as well as from the BAV.
• The central warning system of the BAV is a Databank WANDA, i.e. a warning database on a computer basis, stored at the Robert Krichenbauer Elektronische Informations-Systemen GmbH, Adolf-Kolping-Platz 4, 92637 Weiden,
• According to federal privacy law, sharing of this data is only allowed if and when the interest of the RENTAL COMPANY or general public will benefit.