1. Rental contract The contract is concluded between us, the lessor of the vehicle, and you, in each case as listed by name in the rental contract. Please read the General Terms and Conditions of Business and Contract, which form part of your hire contract. Verbal side agreements are not valid, changes are only valid if they are confirmed by us in writing.

2. The vehicle We are obliged to provide the vehicle together with the legally prescribed safety equipment in roadworthy condition, properly taxed and registered. In Germany, we are obliged to provide vehicles with legally required liability insurance. The driver is not considered a third party within the meaning of this regulation and is not covered by this insurance. You are obliged to return the vehicle and the extras in the condition in which you received them, with the exception of normal wear and tear. Please check the vehicle carefully before you drive off. Please notify us in the following cases: if damage is not recorded in the vehicle's condition report; if the tank level has been incorrectly noted; if the vehicle registration, insurance documents, damage report form or the prescribed safety equipment are missing from the vehicle.

3. Tariffs and prices The services we offer are charged in accordance with our current tariffs and prices. The basic rental includes motor vehicle liability insurance; fully comprehensive cover is not included. You can book fully comprehensive cover at the time of reservation or rental by selecting the normal or extended liability reduction in the form of fully comprehensive insurance, which reduces or excludes your liability in the event of accidental damage caused by yourself. The information provided at the time of booking will affect the price you pay. Any change to such information may mean that the price changes. The price for the rental is the price valid at the time of booking or at the time of any subsequent change to the booking. The rental price includes (I) the rental costs for the vehicle for the agreed rental period, (II) additional costs for additional kilometers, insofar as you can specify exactly which additional kilometers are incurred at the time of booking, (III) the rental period, which is calculated depending on the agreed rate, This is not divisible and is calculated at the time the vehicle is rented, (V) other mobility services selected for an additional charge or other accessories selected by you, (VI) value added tax applicable at the time the service is provided, (VII) additional costs associated with the person of the renter or driver. of the driver. You can book additional services and products for an extra charge; these are listed in the standard price overview of additional services. You can view our regularly updated prices on our website www.wucherpfennig.de or on site at the respective stations. We reserve the right to change prices at any time. Separate price agreements can be made in deviation from our standard prices. These must be made in writing and are only valid for the specified period or order. After expiry of this agreement, our standard prices shall apply again, unless a new written agreement has been made. Individual price agreements shall take precedence over the standard prices. For contract extensions or new orders, the prices valid at the time you place your order shall apply. In the event of rebookings or changes to your reservation, we will charge the rates valid at the time of the change.

4. Reservations, bookings at the prepaid rate Reservations made by you are binding for the respective vehicle and price groups, but not for the vehicle types. You must collect your vehicle no later than one hour after the agreed time; after this time, your reservation is no longer binding. You can cancel or change your booking free of charge up to 24 hours before the pick-up time shown in the current reservation. In the event of a cancellation or change less than 24 hours before the pick-up time shown in the current reservation, we will charge a rebooking fee in accordance with the price list valid at that time. It is not possible to change a booking from a prepaid rate to a non-prepaid rate. We will not refund any advance rental payments already made or any difference in the event of a change to the booking. In the event of a culpable cancellation of a reservation at a prepaid rate, you are obliged to pay a flat-rate compensation of 25% of the respective rental fee, unless you can prove that we have incurred no or significantly less expense and/or damage. If you fail to collect your vehicle at the agreed time without prior cancellation, we will charge you a no-show fee in accordance with our current price list. This fee is not higher than the agreed hire price.

5. Rental period You are responsible for the vehicle and all extras during the rental period. The rental period begins at the time specified in the rental agreement. This time is also decisive if you take over the vehicle at a later time (‘check-out’) for reasons for which we are not responsible. The rental period ends when we confirm that we have received the vehicle and the keys (‘check-in’). You are obliged to return the vehicle to an employee responsible for the return during opening hours at the rental station agreed for the return. If you decide to return the vehicle outside the opening hours or if you leave the rental location before we have taken the vehicle back from you, you do so at your own risk and you remain responsible until check-in. If you use the ‘delivery and collection service’, you are responsible for the vehicle from the time the vehicle is delivered to you until the time we collect the vehicle.

6. Changes to your rental If you change the rental period or exceed the agreed mileage, you must pay any resulting price increases. You are obliged to pay a one-way fee if you return the vehicle to a different rental station than the one from which you picked it up.

7. Costs You are obliged to pay the costs for the vehicle and the selected extras specified in the rental agreement in relation to the rental period. You are obliged to pay the rental costs resulting from the extension of the rental period, including the costs relating to the extras you have chosen. You are not entitled to a refund for unused parts of the contract. You are responsible for the costs resulting from theft and damage, special cleaning costs, towing costs, tolls, fines for parking or other traffic offences and the associated administration and handling fees, insofar as these are incurred in accordance with these rental contract conditions, unless you can prove that you are not responsible for the loss or damage.

8. Use of the vehicle You are obliged (I) to exercise due care and skill when using the vehicle, (II) to use the vehicle only in accordance with the legal requirements of the country in which you are driving, (III) to use the vehicle only in a lawful manner and only for legally authorised purposes, (IV) to use the correct fuel, (V) to lock the vehicle when you are not using it and to ensure that all windows, roof openings, removable roof panels and the bonnet are properly closed, (VI) if you discover a defect in the vehicle, to stop using the vehicle immediately as soon as this is possible without risk and to inform us of this immediately. It is not permitted (I) to use the vehicle for the following purposes: for advertising purposes; for any form of motorsport (recreational or professional) or similar activities; for driving on unpaved terrain; to tow other vehicles or trailers with it (unless the vehicle is equipped with a (I) trailer coupling and the drawbar load and towing capacity specified in the vehicle documents are complied with); to transport flammable, explosive, corrosive or combustible materials, with the exception of mineral oils or similar products in accordance with the applicable and the fuel or gas necessary for the operation of the vehicle; (II) to allow other than authorised drivers to use the vehicle. Depending on the vehicle category and individual booking, we prohibit the foreign use of rental vehicles for certain countries. The applicable restrictions are stated in your rental contract.

9 Accidents, theft and damage You must notify (I) the police immediately and (II) us within 48 hours if the vehicle has been involved in an accident or damage, even if no third party was involved. In the event of loss, theft or damage to the vehicle, you must pay the excess stated in this rental agreement as well as any incidental costs, applicable taxes and our fees for handling the claim or theft. In the circumstances described in section 11, the reduction in liability may not apply. To assist us, you must provide us with a duly completed claim report form within 48 hours of the accident, including the contact details of the parties involved. If you do not fulfil this obligation or do not do so in good time, we will charge you a separate flat-rate processing fee of 35.00 euros. You are free to prove that no damage was incurred or that the damage was significantly lower than (I) the claimed amount of damage due to the accident, theft or damage to the vehicle, (II) the flat-rate processing fee for processing the damage or theft claim or (III) the flat-rate processing fee for requesting the damage report form. You are not liable for costs or damage caused by defective maintenance by us or which are covered by a manufacturer's warranty.

10. Liability reduction Liability reductions limit the amount payable by you in the event of theft or damage to the specified excess. You have the option of reducing your liability up to the amount of an excess in accordance with the model of comprehensive insurance. If a liability reduction is already included in our instalments, you can further reduce the excess by purchasing an additional liability reduction. The costs for this can be found in the price list valid at that time. We treat each claim individually; consequential damage is not covered by the liability reduction. We will not charge you more than the stated excess including tax (if applicable) and our handling charge for damage or theft, unless the liability reduction is cancelled. 

Liability reduction according to the model of comprehensive insurance does not apply to damage to the vehicle caused solely by braking, damage to the vehicle caused solely by an operating procedure, e.g. due to incorrect operation, incorrect refuelling or slipping loads; damage to the vehicle caused solely by overloading; damage between the towing and towed vehicle or trailer without external influence, e.g. manoeuvring damage to the towing vehicle caused by the trailer; torsional damage as well as damage to and soiling of the vehicle interior and the inside of a load compartment/trunk/trunk compartment during vehicle operation. e.g. manoeuvring damage to the towing vehicle caused by the trailer; torsional damage as well as damage to and soiling of the vehicle interior and the inside of a load compartment/box body/trunk during vehicle operation as well as loading and unloading.

11 Liability You or your driver are liable for vehicle damage, vehicle loss and breaches of the rental contract in accordance with the general liability regulations. Your reduced liability does not apply if you have caused the vehicle loss or damage intentionally. If you have caused the damage or loss through gross negligence, we are entitled to make a claim against you up to the amount of the total loss, depending on the severity of the fault. Furthermore, the reduction in liability does not apply if you have wilfully breached a contractual obligation. If you have breached a contractual obligation through gross negligence, we are entitled to make a claim against you up to the amount of the total loss or damage corresponding to the severity of the fault. You bear the burden of proof for the absence of gross negligence. The reduction in liability does not apply if the breach of duty is neither the cause of the damage nor the cause for determining the existence of the conditions for granting the reduction in liability. Several tenants are jointly and severally liable.

We shall be liable in cases of intent or gross negligence by us, a representative or a vicarious agent in accordance with the statutory provisions. Otherwise, we shall only be liable for injury to life, limb or health or culpable breach of material contractual obligations. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.  We accept no liability for items left behind in the rental property upon return; this does not apply in cases of wilful intent or gross negligence on our part or on the part of a representative or vicarious agent.

12. Tolls When using toll roads, you are responsible for the timely and complete payment of the applicable toll. You shall indemnify us against all toll charges incurred by you or third parties to whom you entrust the vehicle. Insofar as we provide you with an on-board unit (OBU) for participation in the automatic collection of toll charges in accordance with the German Federal Trunk Road Toll Act, you are obliged to handle the OBU with care in accordance with the manufacturer's specifications and to protect the OBU against unauthorised access by third parties and manipulation. You are responsible for the correct setting of the OBU, in particular the number of axles and the emission class. You shall bear all costs arising from incorrect settings of the OBU. You must report malfunctions and damage to the OBU to us immediately. In the event of a malfunction, damage or toll vehicles for which we do not provide an OBU, you are obliged to log into the toll system manually (online or at the terminal) or (if applicable) to leave the toll road network immediately.

When using an OBU provided by us, we settle the toll charges incurred for the respective rental period with the operator of the Toll Collect GmbH toll system or via its service provider. We charge the toll costs incurred on a separate invoice. For vehicles subject to tolls, we charge a flat-rate processing fee according to the current price list for each rental agreement. If the rental period exceeds 30 days, we will charge this handling fee again every 30 days or part thereof.

13. Fines and charges You are liable without limitation for all offences against traffic and regulatory provisions and other statutory provisions as well as for all disturbances of possession caused by you or third parties to whom you leave the vehicle. You shall indemnify us against all fines and warnings, fees and other costs levied by the authorities or other bodies in connection with such offences. If it subsequently transpires that the fines and warnings, fees or other costs paid by us to the authorities were unjustified, it is expressly agreed that we are exempt from any obligation to reclaim these monies. Should you wish to reclaim the money, it is your responsibility to initiate and carry out all necessary measures at your own expense. You are obliged to pay our processing fee in accordance with the price list valid at the time of rental for the processing of these fines and charges, as compensation for the administrative costs incurred by us for the processing of enquiries addressed to us by prosecuting authorities or other third parties for the investigation of administrative offences, criminal offences or disturbances committed during the rental period, unless you can prove that no loss or damage has been incurred or that it is significantly lower than the processing fee.

14. Fuel and operating resources Vehicles with combustion engines (including hybrid vehicles) are handed over to you with a full tank of fuel. You are obliged to return the vehicle with the same amount of fuel in the tank as when you collected it. If you return the vehicle with less fuel in the tank than when you collected it, you must pay for the missing amount of fuel. The amount to be paid by you corresponds to our price list valid at the time of hire. You are obliged to check the vehicle regularly for roadworthiness and technical condition (engine oil and coolant levels) in accordance with the relevant regulations before starting your journey.  For rental periods of more than 29 days, you must bear the costs incurred for the procurement of top-up fluids (in particular engine oil, AdBlue®, windscreen cleaner and antifreeze). If the rental period is less than 30 days, we will take care of the refuelling of AdBlue® for a flat fee, which will be charged to you on the basis of the kilometres driven.

When renting vehicles with an AdBlue® tank, you are obliged to ensure that the AdBlue® tank is always sufficiently filled. You shall be liable without limitation for any breaches of the above obligation committed during the rental period; you shall indemnify us against all claims asserted against us by authorities or other third parties for failure to fill the AdBlue® tank, in particular fines and penalties. In the case of vehicles that are operated purely electrically, we record the respective state of charge in the rental contract upon handover. At the end of the rental period, you must return the vehicle in accordance with the contractual agreement. If you return the vehicle with a lower state of charge than agreed, we will charge you a corresponding service fee for recharging in accordance with the price list valid at the time of rental.

15. Minimum age To drive our vehicles, you - and all your drivers - must be at least 21 years old and have been in possession of a full valid driving licence for at least ½ year at the start of your rental, and for certain vehicle groups for at least 3 years. A higher or lower minimum age may apply for certain vehicles. If you -or any of your drivers- are under the age of 25 when you collect the vehicle, an additional young driver fee will be charged for each of you in accordance with our price list valid at the time of hire.

16. Additional drivers and passengers Each additional driver requires our consent and must fulfil our conditions with regard to age, driving licence and proof of identity. We will charge a fee for each additional driver authorised to drive the vehicle in accordance with our price list valid at the time of rental. You are responsible for ensuring that all additional drivers are listed on the rental agreement and that all passengers you take with you in the vehicle comply with the terms and conditions of the rental agreement. You will be liable for any costs or damages incurred by us as a result of an additional driver or passenger not following the terms and conditions of the rental agreement. Your reduction of liability may not apply if an additional driver or passenger causes damage by wilful or fraudulent act or omission or gross negligence (as these terms are used under applicable law) or (II) by a wilful breach of sections 8) and 9).

17. Early returns If you return the vehicle and extras early, you will lose the benefits of any special offer you may have taken advantage of if you no longer fulfil its conditions. This may result in the rental becoming more expensive. If the vehicle is returned prematurely, there is no entitlement to a refund of the proportion of unused days or of any additionally agreed services, in particular mileage packages, insurance or other extras.

18. Late returns Unless otherwise agreed, you must return the vehicle and any extras on the day/time and at the location specified on the rental agreement. If you anticipate that you will be late, it is in your own interest to request an extension of the rental period. If you continue to use the vehicle after the agreed rental period has expired, the rental agreement shall not be deemed to have been extended; §545 BGB shall not apply.  If you do not return the vehicle on the day agreed in the rental contract and if you do not immediately notify us of the reason for the late return, we must assume that you are using the vehicle illegally. We are then entitled to file a complaint with the relevant authorities. In such a case, we are entitled to charge you a usage fee based on the applicable tariff for each additional day of unauthorised use, unless you can prove that you are no longer in possession of the vehicle through no fault of your own or that the failure to return the vehicle was due to circumstances beyond your control. We are entitled to assert claims against you for all damage caused by your fault, in particular fines, penalties, tolls or measures arising from claims by authorities for the purpose of identifying the perpetrator of the damage or for the purpose of clarifying other circumstances relating to an offence or a criminal act. We are also entitled to take legal action to demand the immediate return of the vehicle. In such a case, the agreed insurance cover and other contractual benefits shall not apply.

19. Termination You are entitled to terminate the rental agreement in accordance with the statutory provisions. We are entitled to terminate the rental agreement in accordance with the statutory provisions. Furthermore, we are entitled to terminate the tenancy agreement without notice for good cause. The following in particular shall be deemed good cause: (I) considerable deterioration in your financial circumstances; (II) dishonoured bank collections/cheques; (III) enforcement measures directed against you; (IV) lack of care of the vehicle; (V) improper and unlawful use; (VI) disregard of the regulations on the use of motor vehicles in road haulage; (VII) the unreasonableness of the continuation of the rental agreement; e.g. due to too frequent damage events. 

If there are several rental agreements between you and us and we are entitled to terminate one rental agreement without notice for good cause, we may also terminate the other rental agreements without notice if we cannot reasonably be expected to maintain the other rental agreements due to grossly unfaithful behaviour on your part. This is particularly the case if you. (I) intentionally damage a rental vehicle; (II) culpably conceal damage to the rental vehicle or attempt to conceal such damage; (III) are more than five banking days in arrears with rental payments totalling at least one week's rent; (IV) use a rental vehicle in or for the commission of intentional criminal offences.

In the event of cancellation, you are obliged to return the vehicles to us immediately, together with the vehicle documents, all accessories and all vehicle keys.

20. Terms of payment To process payments, we use the services of third-party providers who specialise in the secure storage and processing of payment information. Your payment data is protected by means of tokenisation. This means that your payment information is replaced by a token that does not contain any sensitive data and thus protects it from unauthorised access. Our third-party provider is obliged to fulfil the legal data protection requirements and to handle your data securely. Our processes for storing and using payment information comply with applicable data protection laws, including the GDPR and other relevant regulations. By providing your payment information and entering into the rental agreement with us, you agree that we may also charge this information for subsequent charges under the contractual agreement. You are obliged to pay a deposit (security deposit) of at least 200.00 euros in addition to the rental price when renting in order to fulfil your obligations. Unless otherwise agreed, we will charge the rent, all other agreed fees and the security deposit to your means of payment, in particular credit card, debit card or Maestro card. By signing the rental agreement, you agree that we may charge your payment card for all costs incurred during the rental period. For a rental period of more than 30 days, you agree that we will charge the monthly rental fees to your means of payment. 

21 Tracking Vehicles may be equipped with vehicle location and tracking systems to locate your vehicle if it is stolen or not returned to the rental location or to locate a vehicle in the event of an accident or breakdown. You are responsible for informing other users of this vehicle. The collection, storage and use of the data serves the sole purpose of protecting our vehicle fleet and our contractual rights. We would like to point out that we may be obliged to disclose this data by order of government authorities.

22. Data protection and use of your personal data The protection of your personal data is important to us. We collect, process and use your personal data only in accordance with the statutory provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). We use your personal data for the following purposes: (a) to provide the car hire services to you and (b) for the purpose of deciding whether we will offer you car hire services in the future. We will disclose your personal data to the extent permitted by law and, if necessary, with your express consent to

- Law enforcement authorities/local authorities and authorities and parking management companies, insofar as legally permissible and insofar as there is a right to the disclosure of the data or to check the validity of your driving licence.

- Third parties acting on our behalf in the areas of claims processing, debt collection, the assertion, exercise or defence of legal claims, insofar as there is no reason to assume that you have a predominantly legitimate interest in the non-disclosure of your data and the conduct of customer surveys for the purpose of improving our services for you.

- Third-party payment processors who specialise in the secure storage and processing of payment information. Your payment data is protected by tokenisation to ensure the highest security standards.

You have the right to request information about the personal data that we store about you (against payment of a fee, if permitted by law). You can request the correction, amendment, blocking or deletion of any personal data, provided that this does not conflict with statutory retention obligations. The responsible body is the car hire company as named on this rental agreement.

If you use a navigation device, the data entered during the rental period may be stored in the vehicle. If mobile phones or other devices are connected, data from these devices may also be stored in the vehicle. If you no longer wish the aforementioned data to be stored in the vehicle after returning the vehicle, you must ensure that it is deleted before returning the vehicle, which can be done by resetting the vehicle's navigation and communication devices to the factory settings. We are not obliged to delete the aforementioned data.

Further information on the collection, processing and use of your personal data and your rights can be found in our privacy policy at www.wucherpfennig.de.

23. Cancellation We are obliged to inform you that you are not entitled to a special right of cancellation for contracts concluded outside business premises in accordance with Section 312g (2) No. 9 BGB. According to EU regulations, we are obliged to inform you that the EU provides a platform for online dispute resolution: ec.europa.eu/consumers/odr/main/index.cfm.

24. Place of jurisdiction The contract between you and us is subject to the applicable laws of the Federal Republic of Germany. The place of jurisdiction is Lübeck if the tenant is a merchant, a legal entity under public law or a special fund under public law.

25. Severability clause Should individual provisions of the above terms and conditions be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions. § Section 139 BGB shall not apply.

 

Status: March 2025