interRent General Terms and Conditions for Vehicle Rentals via the Internet (GTC)

§ 1 Scope

The latest version of these General Terms and Conditions in effect at the time the contract is entered into shall apply to all car rental agreements entered into by the renter and interRent Immobilien GmbH (hereinafter referred to as interRent ) as the lessor.

top  TOP

§ 2 Effectiveness of the contract

The placement of an order for a rental vehicle by the renter via the Internet or via phone constitutes a binding agreement pursuant to § 145 BGB (German Civil Code) as soon as interRent confirms the acceptance of the order to the renter via e-mail or fax.

top  TOP

§ 3 Changes of reservations

The renter shall have the right to change reservations, for example in terms of the beginning and term of the rental period, by cancelling the existing reservation and making a new reservation based on the terms applicable at the time the new reservation is made. The revocation right pursuant to § 6 of these GTC shall apply.

top  TOP

§ 4 Payment due date and terms

The agreed upon rental price shall be due for payment upon execution of the contract. InterRent accepts only credit cards for payment. Potential additionally incurred costs, for ex. for the billing of excess mileage or days shall be due for payment upon return of the vehicle and shall also be charged to the renter’s credit card.

The prices for additional expenses shall be billed pursuant to the applicable price list posted at the stations.

top  TOP

§ 5 Security deposit

Upon activation of the rental a security deposit in the amount of € 200, - plus costs for any extras selected during the vehicle pickup (for ex. comprehensive insurance or child safety seat) shall be blocked on the renter’s credit card. If the security deposit is not authorised by the credit card company, the rental agreement shall not be executed. Failure by the bank to approve the security deposit upon rental activation shall not release the renter from the obligation to pay the rental costs.

top  TOP

§ 6 Revocation

The renter shall have the right to revoke the rental agreement in text format within 14 days after entering into the contract (reservation date), however, no later than 1 calendar day prior to the activation of the rental without stipulating any reasons. The revocation notification shall be considered to be timely if the revocation is sent to the addresses stipulated in the reservation confirmation in due time. The renter shall have the burden of proof for the timely dispatch of the revocation notice

The following revocation refund rules apply:

6.1 Within 14 days of reservation date and no later than 1 calendar day prior to beginning of the rental: refund of rental fee less € 10.00 (ten) cancellation fee.

6.2 Later than 14 days after reservation date: no refund.

6.3 If the renter took out cancellation insurance at the time of reservation, the full rental price less the insurance fee shall be reimbursed in case of cancellation no later than 1 calendar day prior to beginning of the rental.

6.4 Refunds for cancellations on the date of beginning of the rental shall be excluded.

top  TOP

§ 7 Vehicle handover

InterRent shall make the vehicle available to the renter at the time and for the period stipulated in the contract. The vehicle shall be taken over no more than 24 hours after the agreed upon rental activation time, once this period has expired, interRent shall no longer be bound by the reservation. The pickup of vehicles outside of the lessor’s business hours shall be prohibited.

During the handover of the vehicle a transfer protocol is generated for each rental. Please verify the correctness of the stipulated odometer reading, tank level and inform an interRent staff member of any discrepancies immediately.

Transfer protocol:

During the handover of the vehicle a transfer protocol is generated for each rental. Please verify the correctness of the stipulated odometer reading, tank level and inform an interRent staff member of any discrepancies immediately.

top  TOP

§ 8 Failure to pick up the vehicle / early returns

Should the renter fail to pick up the vehicle within 24 hours after the agreed upon rental activation time for reasons the renter is accountable for, and although the renter has not effectively rescinded from the contract, or if the renter returns the vehicle prior to the end of the rental period, this shall not relieve the renter of the obligation to pay the rental fee. It shall be at the renter’s discretion to prove that interRent was able to rent the vehicle to another party.

top  TOP

§ 9 Return of the vehicle, condition of the vehicle

The renter shall be required to return the vehicle to the agreed upon interRent return location upon expiration of the agreed upon rental period during the business hours of said location.

The vehicle shall be returned at the agreed upon time, however, no later than 30 minutes after that time. Returns that are 31 or more minutes late shall incur a fee pursuant to § 4 of these GTC and, if applicable additional day rates.

Extensions of rental periods shall be made only during the business hours and in person at the rental station, individually and subject to availability. Extra days shall be billed at the rate published in the applicable price list. The vehicle shall be returned in the condition it was received in. This means in particular that the vehicle shall be externally and internally cleaned if necessary and returned to the condition it was in when picked up. The tank of the vehicle shall be at least at the level that was agreed upon when it was picked up.

top  TOP

§ 10 Excess mileage

The agreed upon rental fee includes at least 100 free kilometres per calendar day. Excess kilometres driven shall be paid for pursuant to the applicable price list. In the event of odometer failure, the kilometres driven shall be calculated based on the map distance plus 10 %, however, at a minimum based on the included kilometres per calendar day, unless the renter verifies that fewer kilometres were driven.

top  TOP

§ 11 Fines, fees, etc.

The lessor reserves the right to utilise the credit card provided by the renter for billing of any potential costs and fees (for ex. fines) to be passed on to the renter for a period of 3 months after the rental.

top  TOP

§ 12 Authorised drivers

The vehicle may only be driven by the renter and one additional driver stipulated by the renter upon making the reservation or picking up the rental cars. Both drivers are required to be at least 21 years of age and must have been in the possession of a valid driver’s licence for at least one year. As a matter of law, the additional driver is the driver’s agent.

top  TOP

§ 13 Prohibited uses, travel restrictions

The renter shall not be allowed to utilise the car to:

  1. participate in motor sports events, vehicle tests and driver safety training,
  2. transport highly flammable, poisonous or other hazardous materials,
  3. perform customs or other illegal acts, even if those are only subject to prosecution at the location the act is committed,
  4. offer rental to third parties,
  5. transfer the car to additional drivers not stipulated in the rental contract,
  6. perform any other acts that exceed the contractual use.

All vehicles are approved for use in Belgium, Denmark, Finland, France, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland and Spain only. Special permits for Poland, the Czech Republic, Slovenia and Hungary may be requested via e-mail. Use of the vehicle in any other country is prohibited.

top  TOP

§ 14 Vehicle condition / repairs

While the vehicle is in the renter’s custody, the renter shall be required to ensure that the vehicle is adequately serviced in terms of oil, water and tire pressure. It must also be ensured that the vehicle is correctly refuelled. Failure to comply that causes damages to the vehicle shall render the renter fully liable due to gross neglect.

Repairs that are essential to ascertain the operational and traffic safety of the vehicle, may be arranged at the renter’s discretion if they do not exceed € 50.-. More expensive repairs shall require the prior approval of interRent. InterRent shall reimburse the repair costs upon presentation of the respective receipts, unless the renter is liable for the repairs (see § 17).

top  TOP

§ 15 Behaviour in the event of an accident or other damages In the event of accident, fire, theft, wild game or other damages, the renter shall be required to notify the police immediately. This shall also apply to accidents caused without third party involvement. Opposing claims shall not be accepted. The renter shall provide interRent, even in the event of minor damages, with a detailed written report along with a drawing of the scene, immediately. The accident report shall in particular include the names and addresses of the parties involved, as well as information on any witnesses as well as the tag number of the vehicles involved.

top  TOP

§ 16 Insurance coverage

The vehicle is insured in compliance with the respective applicable Allgemeinen Bedingungen für die Kraftfahrtversicherung (AKB, General Terms for Car Insurance) as follows: liability insurance: material and property damages up to max. € 50 million and personal injuries per person injured limited to € 8.0 million.

Passenger accident insurance: available only if expressly purchased separately, with the following coverage amounts: disability € 20,000.-, death € 10,000.-, medical expenses € 500.-. If 2 or more passengers are riding in the vehicle, the coverage total is increased by 50 % and the parties shall be entitled to a portion of such coverage.

top  TOP

§17 Renter’s liability

  1. In the event of accident damages, loss, theft or improper operation of the vehicle or breach of contractual duties pursuant to §§ 9, 10 and 12 of these terms and conditions, the renter shall be liable for repair costs; in the event of a total loss for the replacement value of the vehicle minus a residual value, provided the renter or the driver are accountable for the damages. Moreover, the renter shall also be liable for subsequent damages, such as value reduction, towing expenses, expert fees and administration charges.
  2. In the event that a liability damage waiver (LDW) is purchased for an additional fee, interRent shall indemnify the renter based on the principles of a comprehensive insurance policy with a respectively agreed upon deductible per damage to the rental vehicle. This liability damage waiver shall comprise damages caused by accident, i.e. by a direct event from the outside that impacts the vehicle with mechanical force; brake, operating and simple breakage damages shall not be construed as accidental damage. The liability damage waiver shall thus in particular not pertain to damages caused by improper handling and/or operation of the vehicle, such as incorrect gear switching, inadequate refuelling or loads. This liability damage waiver shall include partial comprehensive insurance coverage. In the event of a partial comprehensive insurance damage, the renter shall be liable in particular for glass, ground game, fire, theft and elementary damages with a deductible of € 160.- per event.
  3. The liability damage waiver shall not release the renter from the obligations under § 12, 13 and 15 of these Terms and Conditions. The renter shall be fully liable for the breach of contractual obligations, in particular for damages caused by the use of the vehicle by an unauthorised driver (§ 12) or by the use for a prohibited purpose (§ 13). In the event that the driver should have committed a hit and run accident or breaches the duties under § 15, the renter shall also be fully liable, unless the breach does not impact the assessment of the damage event. Moreover, the renter shall be liable in the event of intentional or grossly negligent acts causing the damage, in particular if driving under the influence of alcohol.

The statutory provisions shall apply to all other liability issues.

top  TOP

§ 18 Liability of interRent

Any liability at interRent’s end based on breach of its contractually agreed upon obligations shall be limited to acts of intent or gross neglect, including acts of intent or gross neglect by its representatives or agents. Only injuries to the life, body and health, or in the event of breach of integral obligations under the agreement and in the event of mandatory liability pursuant to the product liability statute, shall interRent be liable in the event of minor neglect also. In such cases the scope of and compensation for such liability shall be limited to foreseeable damages that are considered contract-typical.

top  TOP

§ 19 Statute of limitations

In the event that the accident has been reported by the police, claims for damages by interRent against the renter shall become final only after interRent has had the opportunity to review the investigative file. The statute of limitations shall begin no later than six months after the receipt of the vehicle. In the event of a file review, interRent shall notify the renter of the time of the review immediately.

top  TOP

§ 20 Place of jurisdiction

For all disputes arising from or about this contract, Hamburg shall be the agreed upon place of jurisdiction unless

  1. the renter has another general place of jurisdiction in Germany or transfers his/her place of residence or usual residence to a foreign country, or if the latter’s place of resident or usual residence is not known at the time suit is filed;
  2. the renter is a full commercial entity or an equivalent person pursuant to § 38 Abs. 1 ZPO
top  TOP

§ 21 Applicable law

This contract shall be governed exclusively by the material laws of the Federal Republic of Germany, excluding the application of the UN purchase act.

top  TOP
 
Terms & Conditions | Privacy | FAQ | Bargains finder | Cancellation | Contact | Sitemap |   © 2008 interRent