General terms and conditions (GTC) for the car rental agreement of Rent a Car Center 5700 Zell am See
The basis of this rental contract are exclusively the conditions listed overleaf and the following terms and conditions. At the conclusion of the lease as well as additional agreements, only written form regarding legal validity is agreed. Oral agreements have no legal effect on the requirement of written form can therefore not be deducted by oral agreement. The renter recognizes by his signature to the rental vehicle in proper condition and without defects. Furthermore, it is confirmed that the tenant and the driver of the existence of the complete tool, the completeness of the car papers, the presence of the warning triangle, the safety vest, the first aid kit and the tank has been satisfied by the lease. Fuel costs are borne by the renter and the driver.
2. Handlebar as co-tenant
If the driver of the rental vehicle named overleaf is not the same as the renter, he joins the contract as co-tenant, so that – with the renter in solidarity – he is entitled to all rights under the contract and to meet all obligations and liabilities from the contract. He declares authorized by the tenant and instructed to conclude the lease also in the name and for the account of the lessee.
3. International trips
Rides outside the Republic of Austria require the express written permission of the landlord. Foreign rides are to be announced by the renter and his authorized driver at the latest when taking over the rental vehicle to the landlord. Before a border crossing approved by the landlord, the lessee and the driver must inquire about the respective customs regulations of the Republic of Austria and the states named in the lease as well as about all special traffic regulations of the states he has traveled. In case of breach of the above mentioned agreements, the renter is in solidarity with the driver as co-tenant to the landlord for all resulting damages, especially for the loss of rent as in Paragraph 8, whereby in this case also provided for in this contract reduction of liability of the renter and the landlord becomes ineffective.
4. Special obligations of the renter and the driver
The renter and the driver are obliged to treat the vehicle in accordance with the intended use and to comply with all laws, ordinances and other regulations that apply to the use of a motor vehicle. The renter may only transfer the rental vehicle through the driver mentioned in the rental agreement. He must first convince himself of his ability to drive and of the existence of a properly issued and valid driver’s license (which must be at least one year old) of the third party. The tenant’s and the driver’s duty of care include, in particular, the constant monitoring of traffic safety, the monitoring of the oil and water level as well as the protection against frottages and the tire pressure. The renter and the driver are not permitted to use the rental vehicle for towing other vehicles or for use in racing or sporting events. A load of the vehicle beyond the statutory maximum permissible total weight is prohibited. The renter and the driver must secure the rental vehicle carefully against theft. If the renter or the driver violates the provisions of clause 4, both shall pay the landlord full compensation, in particular to the extent of the relevant provisions in clause 8a. In this case, any contractually agreed liability reduction of the renter and driver becomes ineffective.
5. Rental period and return
The renter and the driver undertake to return the rental vehicle to the Rent a Car Center on the agreed date and place during normal business hours. The non-timely return of the rental vehicle, the vehicle documents or the vehicle key at the agreed place of return obliges the renter and the driver to replace the damage resulting from the landlord.
6. Terms of payment
The accrued rent costs as well as possible damage payments according to number 8 are due upon handover of the rental vehicle immediately for payment by the renter and the driver, damages in any case no later than written request for payment of damages by the landlord. In case of late payment 10% default interest p.a. agreed. If the rental agreement is settled by a credit card accepted by Rent a Car Center, the renter agrees that all applicable legitimate claims arising from the rental agreement can be settled or subsequently charged to the credit card company. In the event of late payment, the lessee and the driver must jointly and severally compensate for all judicial and extrajudicial costs and collection as well as the collection charges. The amount of an extrajudicial reminder will be agreed upon with a net charge of € 20, -. It is agreed that against claims of the landlord no counterclaims of the lessee and the driver can be used <, unless these counterclaims are judicially established or recognized out of court.
7. Occurrence of damage
In the event of malfunction or damage to the rental vehicle of any kind, the landlord must be informed immediately and his instructions to obtain. Otherwise, the renter u. the driver the costs incurred and liable for any damage suffered by the landlord, in particular to the extent of the relevant provisions in Section 8a, in which case, any contractually agreed liability reduction of the renter and the driver is ineffective.
8. Scope of liability of the renter and the driver
a. – without liability reduction, the renter has u. If the driver does not agree to a reduction in liability, both are liable to the lessor in the event of damage to the rental vehicle (including parking damage), regardless of culpability, in full for the damage incurred. In particular, as regards damage claims of the landlord between the contracting parties, it is agreed that: a) in the case of a total damage or a total loss of the rental vehicle, the replacement value, any rebuilding costs and any other costs. Logout expenses. a. b – in the event of partial damage to the rental vehicle, the repair costs and the depreciation incurred, a. c – in both under a. a and a.b cases called towing u. Return costs, the loss of earnings for the appropriate period of replacement of an equivalent replacement vehicle or the repair of the rental vehicle per day of failure or standing in flat-rate amount of a daily rate to the normal rate according to the price list the lessor for the relevant rental vehicle regardless of proof of an effective loss of earnings or the concrete rentability of the lost or damaged rental vehicle by the landlord, as well as all costs incurred by the landlord with the damage processing costs of tenants u. to be paid by the driver according to section 6, to the landlord. b – with reduction of liability: If the renter and the driver has acquired a liability reduction the liability for damage d. Rental vehicle regardless of the cause of the damage – by accident or other damage in principle to an amount of net € 590, – p. Damage. In the event of damage due to force majeure or theft of the rental vehicle, the deductible of the renter or the driver amounts to a net € 1000. In addition, the renter and the driver are liable to the lessor in full amount of damage – taking into account the aforementioned deductible – in the case of Intent, gross negligence, misfuelling, driving inactivity (such as alcohol or drug influence, fatigue, etc.), accident flight, disregard of the total height of the rental vehicle u. Damage in the interior. In these cases, the lessee also has the resulting consequential damages – such as depreciation, loss of rent, mountain, towing u. Transfer costs, official dismissal Registration fees and general expenses to replace the landlord. Under no circumstances is the lease contract subject to general motor vehicle insurance conditions.
9. Special obligations of the renter and the driver in case of damage
In case of an accident or theft, the Rental Company must be notified immediately by telephone u. then he must be given a truthful written account of the course of the accident. For the determination of the damage facts is immediately, immediately after d. Claiming damages, to call in the police u. insist that the claim be taken by the police, even if another casualty is absent.
10. Place of performance and jurisdiction
The place of performance for all services under this contract is BG Zell am See.