1. Rental agreement.
This agreement is concluded between us, the lessor of the vehicle, and you as named in the rental agreement. Please read the General Terms and Conditions of Rental which, together with the handover record, form part of your rental agreement.

2. The vehicle.
We are obliged to provide the vehicle together with the legally prescribed safety equipment ("vehicle") in roadworthy condition, with all the corresponding taxes paid and duly registered. Within Europe, we are obliged to provide vehicles with statutory liability insurance. The driver is not considered a third party within the meaning of this provision 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 driving off. Please notify us in the following cases: if damage is not recorded in the vehicle's condition report, if the fuel tank level has been incorrectly noted, if the vehicle registration, insurance documents, damage report form or the prescribed safety equipment is missing from the vehicle.

3. Rental period.
You are responsible for the vehicle and all extras during the rental period. The rental period begins when you collect the vehicle ("check-out") and ends when we confirm that we have received the vehicle and the keys ("check-in"). You are obliged to return the vehicle during opening hours at the rental branch agreed for the return to an employee responsible for the return. If you decide to return the vehicle outside the opening hours or if you leave the rental branch before we have taken the vehicle back from you, this is 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 handed over to you until the time we collect the vehicle again.

4. 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 attributable to the extras you have chosen. You shall bear the costs resulting from theft and damage, special cleaning costs, towing costs, toll fees, parking fines or fines for other traffic offences and the associated administrative and processing fees insofar as these are incurred in accordance with the terms of this rental agreement. You are not liable for damages or losses for which you are not responsible.

5. Use of the vehicle.
You are obliged (|) to exercise due care and skill when using the vehicle, (||) to use the vehicle only in accordance with the laws of the country in which you are driving, (|||) to use the vehicle only in a lawful manner and only for lawful purposes, (|V) to use the correct fuel, (V) to lock the vehicle when you are not using it and ensure that all windows, roof openings, removable roof panels and the bonnet are properly closed, (V|) 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 thereof immediately. It is not permitted (|) 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 towbar and the drawbar load and towing capacity entered 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 applicable law (or in accordance with location-specific terms and conditions) and the fuel or gas necessary for the operation of the vehicle, (||) to allow anyone other than the authorised drivers to use the vehicle.

You may only drive in the countries approved by us. More information in this regard is available in the location-specific terms and conditions.

6. Accidents. Theft and damage.
You must notify (|) the police immediately and (||) us within 48 hours if the vehicle has been involved in an accident or claim, 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 applicable taxes and our fees for processing the loss or theft claim (unless you are not responsible for the loss, theft or damage to the vehicle or you have taken out an additional waiver to reduce your liability to lower your excess). Under the circumstances described in section 7, the liability waiver 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 comply with this obligation or do not do so on time, we will charge you a separate flat-rate processing fee, the amount of which is stated under "What happens if I do not submit the claim report form or the European accident form?" in the location-specific terms and conditions for Germany. You are at liberty to prove that no damage has occurred or that the damage is significantly lower than (i) the claimed amount of damage due to accident, theft or damage to the vehicle, (ii) the flat-rate processing fee for processing the claim or theft 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.

7. Liability waiver.
Liability waivers limit the amount you have to pay in the event of theft or damage to the specified excess. Within Europe, our rates include a simple liability waiver and we will not charge you more than the stated excess including tax (if applicable) and our processing fee for damage or theft, unless the liability waiver does not apply. You can further reduce the excess by purchasing additional liability waivers.

Your liability waiver does not apply if you have deliberately caused the loss of or damage to the vehicle. 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 damage, depending on the severity of the negligence. Furthermore, the liability waiver does not apply if you have wilfully breached a contractual obligation. If you have breached a contractual obligation through gross negligence, we shall be entitled to make a claim against you up to the amount of the total loss in accordance with the severity of the negligence. You bear the burden of proof for the absence of gross negligence. The liability waiver does not lapse if a breach of duty is neither the cause of the occurrence of the damage nor of the determination of the existence of the conditions for granting the liability waiver.

 

8. Fines and charges.
You are liable for all parking fees or fines incurred during the rental period in connection with your use of the vehicle. You are obliged to pay our processing fee for the processing of these fines and charges, unless you can prove that no loss or damage has been incurred or that it is significantly lower than the processing fee.

9. Fuel.
You are obliged to return the vehicle with the same amount of petrol as when you picked it up, unless you have selected the option "Pay for refuelling in advance". If you return the vehicle with less fuel in the tank than when you collected it, you must pay for the shortfall. The amount to be paid corresponds to our “Pay on return" fuel price. If you have travelled a shorter distance than the distance specified in the location-specific terms and conditions under the section Refuelling charges (EZ fuel charge) and you do not provide a fuel receipt, we will charge you our EZ fuel charge. You are at liberty to prove that no loss has occurred or that the loss is significantly lower than our EZ fuel charge. If you have selected the option "Pay for refuelling in advance", you do not need to refuel the vehicle before returning it. We will not refund unused fuel if you select the “Pay for refuelling in advance" option, unless you return the vehicle with a full tank. In this case, we will refund the fee for the "Pay for refuelling in advance" option.

10. Additional drivers and passengers.
You are responsible for ensuring that all additional drivers are listed in 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 are liable for any costs or losses incurred by us because an additional driver or passenger does not comply with the terms and conditions of the rental agreement. Your liability waiver may not apply if an additional driver or a passenger causes a loss by wilful or fraudulent acts or omissions or as a result of gross negligence (where these terms are used in accordance with applicable law) or (||) by wilful breach of sections 5) and 6).

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

12. Early returns.
If you return the vehicle and any extras early, you will lose the benefits of any special offer you have taken advantage of if you no longer meet the terms and conditions of the offer. This can make the rental more expensive. Unused days are not refunded.

13. Late returns.
Unless otherwise agreed, you must return the vehicle and any extras on the day/at the time and at the location specified in the rental agreement. If you anticipate that you will return the vehicle late, it is in your own interest to apply for an extension of the rental period. If you return the vehicle late, on the third day after the agreed return date, we will charge your debit card with a pre-authorisation for a payment equivalent to the cost of five days' rental – or the cost of ten days' rental if you are using a credit card in connection with the prices that apply to “Pay at the rental branch". If you return the vehicle within these five or ten days (whichever is applicable), we will only charge you for the rental days you have actually used, plus any additional costs you owe us.

14. Pre-authorisation.
We will carry out a pre-authorisation on your payment card. This will reserve an amount on your payment card to that you can ensure that you have sufficient funds available to settle the payment at the end of the rental period. If you pay with another card, it may take up to 28 days for your bank to release the reserved funds.

15. Payments.
If you wish to pay in a currency other than the local currency, we will use the exchange rate based on Citibank's wholesale rate plus 4% for our currency conversion. By signing the rental agreement, you consent to us charging your payment card for all costs incurred during the rental period.

16. Tracking.
Vehicles may be fitted with vehicle positioning and tracking systems to locate your vehicle if it is stolen or not returned to the rental branch, or to locate a vehicle in the event of an accident or breakdown.

17. Use of your personal data.
We use your personal data for the following purposes: (a) to provide the car rental services to you and (b) for the purpose of deciding whether to offer you car rental services in the future. To the extent permitted by law and, if necessary, with your express consent, we pass your personal data on to:

• Law enforcement agencies/local authorities and parking management authorities and companies, insofar as permitted by law and insofar as there is a right to disclosure of the data or to check the validity of your driving licence.
• Third parties who work on our behalf in the areas of claims processing, debt collection and conducting customer surveys in order to improve our services for you.

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 rectification, changing, blocking or erasure of any personal data, insofar as this does not conflict with statutory retention obligations. The responsible body is the car rental company as named in this rental agreement.

18. Lost property.
We will do our utmost to notify you if we find personal items in the vehicle. Items containing personal or financial data will be destroyed after 28 days in accordance with our Privacy Policy and the General Terms and Conditions of Rental. All other items will be disposed of after three months.

19. Applicable law.
The contract between you and ourselves is subject to the applicable laws of the country in which you picked up the vehicle and in which the rental agreement was concluded.

Effective: 01/2024