IMPRESSUM & AGB
imprint
BOXERS—IMRENT
Wohlerweg 10
82538 Geretsried
Tel:+4915206009138
E-mail: [email protected]
Managing Director: Goran Imreskovic
Terms of Service
1 General
These General Terms and Conditions regulate the rental of a BMW motorcycle. The type and design as well as the items of equipment are specified in detail in the handover protocol.
The condition of the motorcycle before the start of the rental is noted in the handover protocol. The handover protocol is part of the rental agreement.
2. Delivery, provision and return
The vehicle will be handed over to the lessee immediately before the start of the rental at the BOXER – IMRENT location. The vehicle is handed over against the signature of the rental agreement. The renter will be instructed by BOXER - IMRENT in the technical operation and handling of the motorcycle. During the agreed rental period, the power of disposal lies exclusively with the renter, unless otherwise stated in this contract. The return takes place in principle at the same place as the handover. The handover and return times are recorded in the rental agreement.
BOXERS—IMRENT
3. Delivery and return
The motorcycle will only be handed over upon presentation of a valid driver's license and identity card. The landlord makes a copy of these documents, which are stored by the landlord. The storage takes place exclusively for the possible prosecution of traffic offenses or administrative offenses and is passed on to a prosecuting authority in this case. The vehicle will be handed over to the lessee in a technically perfect condition and cleaned at the beginning of the rental period. Technically perfect condition also means that tires and brake pads are still before the wear limit. Deviations must be noted in the handover protocol. The vehicle is handed over as soon as the lessee and lessor have signed the handover protocol and the motorcycle has been handed over. Both contracting parties receive a copy of the handover protocol signed in the original. The vehicle is handed over to the lessor at the end of the rental period "in normal use". The technical condition is described in the return protocol.
In the event of a late return, the tenant is liable for all resulting costs, e.g. for costs arising from subsequent rental. Additional costs for not adhering to the return date are included in the final invoice at a minimum of 100 euros per day. In the case of the service rate, the daily rate for the respective category is due.
The motorcycle is always handed over with a full tank of fuel and must be returned in this condition. If the tank is not returned or is only partially filled, the additional fuel costs of at least EUR 2.50 per liter will be included in the final bill.
4.Taxes and Insurance
The lessor pays tax and insures the vehicle as a self-drive rental vehicle. The insurance includes liability insurance as well as full vehicle insurance (fully comprehensive) with a deductible of EUR 1,000 and an EU protection letter. The renter is liable for damage to the vehicle. BOXER - IMRENT is entitled to demand the amount of the deductible from the tenant in the event of damage. A case of damage must always be documented in the return protocol and signed by the renter. If a renter causes damage as a result of a traffic accident or collision with another BOXER – IMRENT vehicle, he must assume the damage incurred for this. If you take out fully comprehensive insurance, this type of damage is covered including the deductible.
5.Maintenance and wear and tear
The lessee is responsible for the duty of careful handling of the motorcycle.
The lessor leaves the vehicle in a technically perfect condition. He assures that the motorcycle is subject to regular technical maintenance and is handed over in roadworthy condition. Any technical defects (e.g. heated grips) that do not affect the roadworthy condition will be pointed out at the time of handover and these will be listed in the handover report.
The manner in which the maintenance is carried out is the sole responsibility of the lessor.
Vehicle parts that are subject to wear and tear are included in the rental agreement (tires, brake pads, etc.) Defective wear parts that are due to improper use are not included. Tire damage is always at the expense of the renter. The proper condition of the wearing parts is documented upon handover.
The oil level of the motorcycle will be determined upon delivery. During the rental period, the renter must check the engine oil level regularly, at the latest every 1000 kilometers, and correct it if necessary with the oil supplied. The lessee must observe the operating instructions given to him and the manufacturer's technical regulations. Tire pressure must be checked regularly during the rental period.
If wear and tear occurs during the rental period, in particular engine, clutch or gear damage, this is only at the expense of the renter if it is due to improper use or neglect of the obligations imposed on him (including checking the oil level). a motor
or damage to the gearbox or clutch must be reported to the lessor immediately.
In this case, the vehicle may no longer be operated or moved.
6.Damage and Trip Interruption
The renter is liable for damage that occurs during the rental, in particular for accident damage or damage caused by the motorcycle falling over and improper use. Any damage that has occurred during the rental period will be listed on the return protocol. If no agreement is reached between the contracting parties after the vehicle has been taken back, the damage that has occurred during the rental period will be determined by an expert at the expense of the lessee and invoiced.
In the event of any traffic accident, regardless of who caused the damage, the local police must be called. This applies in particular to traffic accidents abroad. An admission (in writing or orally) that the damage was caused to other parties involved in the accident is not permitted without the police recording the accident.
The landlord is at no time personally liable for damage caused by the tenant.
If damage occurs to the vehicle during the rental period that makes it impossible to continue driving, the lessee may only issue a repair order to a workshop after consultation and approval with the lessor. In the event of tire damage, the lessee is entitled to repair the damage without consulting the lessor. The same applies to replacing light bulbs. Liability or the assumption of costs by the landlord is excluded in these cases.
The lessee has the right to waive the repair of damage and to return the vehicle with the damage to the lessor at the end of the rental period or in accordance with point 16. In this case, the provisions on the final settlement apply.
In the event of any damage that makes it impossible to continue the journey, the tenant cannot claim any costs for loss of vacation or compensation for the non-continuation of the vacation from the landlord.
If the trip is interrupted, the landlord only assumes those costs that are covered by the insurance cover letter. Any additional costs in connection with the return journey are to be borne by the tenant himself.
7.Ownership and Rights of Use/Disposition of Papers
During the rental period, the lessee has the sole right of disposal and use of the vehicle.
During the rental period, the renter receives the registration certificate part I.
The registration certificate part II (vehicle registration) remains with the lessor. The rental company remains the owner of the vehicle at all times.
8. Unauthorized Use
The following uses of the vehicle are prohibited for the renter:
– Participation in motor sport events
– vehicle tests
– Trips outside the EU (EFTA countries permitted)
– Subletting or passing it on to third parties free of charge
– Off-road driving away from paved roads and paths
– other uses that go beyond the intended use.
If handed over to a third party, the renter is liable for all damage (including damage caused by wear and tear).
The renter is fully liable for all damage caused by a physical defect, in particular after consuming alcoholic beverages or other intoxicating substances or medication that can impair the ability to drive. The vehicle may not be driven even after minor consumption of alcohol or other intoxicating substances.
9. Approval
The rental company is responsible for registering the motorcycle. The lessor provides the lessee with the documents required for registration (vehicle registration document, international insurance card).
10. Liability and Warranty
Liability of the tenant:
The lessee is liable for theft, insofar as this is not covered by the fully comprehensive insurance, as well as for all damage that occurs to the vehicle during the rental period or is caused by its operation. In the event of disproportionately high tire wear due to improper use (e.g. "burn-outs"), the renter is liable for damages.
In the event of damage to the vehicle, the lessee is liable for repair costs that have actually been incurred or that have been determined according to expert reports,
Rescue and repatriation costs (unless covered by the letter of protection), expert costs, technical and commercial depreciation, loss of rent during the repair period or in the event of a total loss for the replacement period; in the event of theft for the replacement value. A daily basic fee of 100 euros per day is to be reimbursed as loss of rent. The tenant reserves the right to prove that the damage was less. If it is necessary to inspect the police investigation files to determine liability on the part of the tenant, claims for damages against the tenant will be deferred until the files have been inspected.
Liability of the landlord:
The landlord is not liable for bodily injuries of the tenant during the rental period and after the rental period.
A guarantee by the landlord resulting from the maintenance work is excluded.
Insofar as claims for damages against the landlord - for whatever legal reason - require culpability, the following applies:
In the event of intent and gross negligence or in the event of a breach of
The landlord is liable for life, limb or health according to the statutory provisions
provisions. Otherwise, the landlord is only liable in the event of a breach of essential contractual obligations (cardinal obligations) and in the event of default. However, the lessor's liability is then limited to the foreseeable damage that is typical for the contract.
Exclusion and limitation of liability apply in favor of the landlord
also in the case of fault on the part of his vicarious agents.
The statutory distribution of the burden of proof and liability according to
Product Liability Act are not changed by this contract.
11. Rental Payment, Down Payment, Security Deposit
The rental price and the permissible mileage depend on the duration of the rental period. The rental period and inclusive kilometers are determined upon conclusion of the contract.
An invoice for a deposit of 100 euros per started rental week will be sent to the tenant upon reservation. The deposit is generally non-refundable.
The rental price must be handed over in cash before the motorcycle is handed over or it must be received in the business account of Kfz BOXER – IMRENT IBAN DE40 1001 0010 0836 8801 36, BIC PBNKDEFF Postbank before the vehicle is handed over.
To secure compensation in the event of damage, BOXER - IMRENT is entitled to collect the costs from the tenant's credit card. The credit card data can be saved until the final statement and will be deleted after the final statement.
The rental costs and permissible kilometers for the above vehicle are specified in the contract before handover.
12. Final statement/shortage and excess kilometers
After the end of the rental period, the landlord will issue a final invoice. The final bill is based on the return protocol and serves to cover all costs (rental price, any additional costs for cleaning, etc.) and any damage and residual value losses due to mileage exceeding the agreed amount.
The landlord can only claim damages if they were caused by the tenant. These are in particular accidental damage, falls, paintwork damage, tampering, improper repairs and damage caused by the motorcycle falling over.
The amount of damage is determined by mutual agreement between the tenant and the landlord. If no agreement can be reached, the landlord must obtain a DEKRA appraisal (or comparable) within two weeks. The cost of the appraisal will be borne by the tenant.
If the motorcycle is returned with mileage in excess of the mileage specified in this contract, the excess mileage will be charged. The amount of the kilometer rate is already specified in the handover protocol.
13. Delivery and return times
The handover for rental is by arrangement.
The return of the motorcycles is also by arrangement.
The rental motorcycle can be returned by arrangement from 5:00 p.m. on the day before the rental period and no later than 9:00 a.m. on the day after the agreed rental period. This does not apply if another agreement has been made. If it is possible to return the vehicle outside of opening hours (safe mailbox) and this is used, the lessee is obliged to document the mileage and the external condition of the rental vehicle in an image file and send it to the lessor. The tenant is liable for any damage that occurs between the shutdown time and the opening time of the company.
14. Assignment of Claims to Compensation and Benefits
The assignment of rights to wages and benefits
serves to secure all current and future claims of the landlord.
In the event of default, the lessee surrenders that part of all his current and future claims to wages of any kind that are subject to the seizure, including pension claims, commission claims, bonuses, profit-sharing and severance payments against his respective employer and social benefits (in particular unemployment benefit, unemployment assistance, transitional allowance, benefits from the statutory health, accident and pension insurance, including any premium refund claims, pensions due to reduced earning capacity) to the landlord. The amount of the assignment is limited to the current value of the vehicle specified in the payment plan plus a lump sum of a maximum of 20 percent of the current value for any claims due to late payment and costs of legal action.
The lessor is only entitled to disclosure and exploitation after prior warning and a reasonable period of grace. This period will be set in such a way that it allows the lessee both to raise objections and to try to pay the amounts owed to avert the exploitation. It will usually be four weeks. It is not necessary to set a deadline if the tenant has stopped making payments or an application has been made to open insolvency proceedings against his assets.
The assignment of claims does not apply if the claims secured with it have been fully satisfied.
15. Total Loss
In the event that the motorcycle suffers a total loss or accidentally goes under, the lessee only has to reimburse the current value of the lessor's object determined by an appraiser if the fully comprehensive insurance does not apply (e.g. improper use or similar).
16. Extension/Preemption
A contract extension is possible in principle and must be in writing (at least email). An extension of the rental contract is therefore only possible if this is mutually agreed in writing. § 545 BGB does not apply.
Purchasing the motorcycle after the rental period has expired is generally possible, but is subject to the lessor's right to make a decision. Rental costs can be offset in the event of purchase. In this case, there is no final bill.
17. Contract Modifications
Changes to this contract require a document signed by both contracting parties to be valid. They must be expressly referred to as "contract change".
18. Cancellation
If you cancel up to 14 days before the start of the rental period, the deposit of 100 euros will be charged. A cancellation fee of 40 % of the rental price will be charged within a period of 24 hours to 13 days. If canceled within 24 hours before the start of the rental, 70 % of the rental price must be paid. The agreed rental period is decisive for the percentage calculation.
19. Replacement
If, for unforeseeable reasons, the reserved motorcycle cannot be rented (defect or similar), the lessor will always endeavor to provide a comparable motorcycle. This does not result in additional or reduced costs. If it is not possible to provide a vehicle, the lessee will be reimbursed for the costs incurred for the journey and the deposit. The landlord undertakes to inform the tenant immediately if a rental is not possible.
20. Jurisdiction
Exclusive place of jurisdiction is Wolfratshausen.
21. Severability Clause
Without prejudice to special healing clauses, procedures for discrepancies, etc. contained in these GTC, in additional contractual regulations or in other parts of the contract, the following is agreed:
Should a clause of this contract, the additional contractual regulations or the other parts of the contract be or become invalid in whole or in part, what the contracting parties would otherwise have effectively agreed shall apply instead. The principles of supplementary contract interpretation apply.
The same applies mutatis mutandis if the contracting parties enter into a regulation
have overlooked. § 139 BGB is excluded.
