The rates on the respective price list that is applicable at the time of rental shall apply. If the renter does not meet the preconditions for a special rate, then the standard rate is to be paid. In the event of one-way rental, the one-way rate shall be applicable. This rate shall also be paid, if the truck is checked in to a location other than the contractually agreed check-in location. If a vehicle is checked in on the island of Sylt or abroad, additional costs will be charged, depending on the place of check-in. The renter shall be charged for the costs for fuel and refuelling service, if the vehicle is not checked in with a full tank. The renter shall be liable for all fees, duties, fines and penalties incurred in connection with the use of the vehicle and for which the rental company is charged. As compensation for the resulting administration costs, Europcar will charge a service fee of €14.50 per incident. Likewise the renter shall bear all possibly incurred tolls in accordance with the German Motorway Toll Act. Exclusively the renter of the vehicle or the registered keeper of the trailer shall be responsible for the payment of the trailer collection charge.
The renter is obligated to return the vehicle at the agreed place during the opening times of Europcar upon expiry of the rental agreement.
Upon rental a deposit of at least the amount of the expected final price shall be made. The remaining amount shall be paid upon check-in of the vehicle. In the event that the rate for the rent is credited due to a contractual agreement, it shall fall due 14 days after receipt of the invoice unless both parties agreed deviating terms of payment. After the occurrence of default, a fee of €4.00 will be charged for each reminder. If the renter defaults, default interests of 5% above the respective base rate, but at least 6% p.a., shall become applicable. The renter may provide evidence that the damage caused by the default is lower. If the assignment of a debt collecting agency should become necessary due to default on the part of the renter, the renter shall bear the costs incurred thereby, unless he was recognisably unable or unwilling to pay or did not raise any other objections against the basis for the claim.
Reservations are only valid for price groups, not for types of vehicles. The vehicle shall be picked up 1 hour after the agreed time at the latest. After that the reservation shall no longer be binding for Europcar. Cancellations made at least 2 hours prior to the rental are free of charge. If the cancellation is not made in time or if the vehicle has not been picked up to the agreed beginning time of the rental, a cancellation fee of €30,- has to be paid, unless the vehicle could be rented to someone else.
The vehicle may only be driven by the renter, the driver stated in the rental agreement, professional drivers employed by the renter on the renter‘s behalf as well as the renter‘s family members as long as they have the required minimum age and are in possession of a valid driving license. The renter shall be obligated to provide Europcar with the name and address of all the vehicle‘s drivers on demand, unless these are stated in the rental agreement. The drivers shall be deemed to be the renter‘s vicarious agents. For drivers and additional drivers under 23 years of age an additional young driver charge will be applied.
I. The renter shall be prohibited to use the vehicle for the following purposes:
a. participation in a motor sports event, vehicle tests and driver safety training,
b. on for the public transport not freely accessible separated working area of an airport, in particular on the approach and landing field
c. the transport of easily inflammable, toxic or other harmful substances,
d. for committing customs fraud or other criminal offences, even if these are only subject to punishment according to the law of the place where the offence was committed,
e. for sub-rental,
f. for other purposes exceeding the contractually agreed use.
II. The use of the vehicle is only permitted within Europe:
a. In Great Britain, Ireland, Italy, Poland, Slovakia, Slovenia, the Czech Republic and Hungary exclusively vehicles of the classes mini, economy, compact, lower middle-sized class and middle-sized class may be used.
b. In the countries Albania, the Balearic Islands, the Baltic republics, Bulgaria, Elba, Greece, Iceland, the Canary Islands, Corsica, Croatia, Malta, Rumania, Sardinia, Sicily, Turkey and all the others of Yugoslavia‘s successor states (apart from Slovenia) and the USSR, the use is prohibited.
Repairs that are necessary for ensuring the vehicle‘s operating and traffic safety may be commissioned by the renter without special approval up to a price of €50.00 larger repairs require Europcar‘s prior approval. Europcar shall bear the costs upon presentation of the respective documents, unless the renter is liable for the damage (see item 10).
After accidents, fire, theft, damages caused by game animals or other damages, the renter shall immediately inform the police. This also applies to damages through the renter‘s own fault, without third party involvement. Counterparty claims may not be acknowledged. The renter undertakes to immediately provide Europcar with a detailed written report and a drawing, even in the event of minor damages.
In particular, the damage report shall state the names and addresses of the persons involved and possible witnesses as well as the registration numbers of the vehicles involved.
For transactions, in which the currency of the card holder‘s credit card differs from the currency in the country of rental, the following shall apply:
Upon rental the renter has the option of either paying the rent in the currency of the country of rental or in the currency of the credit card. If payment is made in the currency of the credit card, Europcar will convert the invoice amount from the currency of the rental country. The following statement will be printed onto the rental agreement:
The invoice amount will be converted into the currency of the credit card, stating the 3-letter-code for the identification of the respective currency (e.g. USD, GBP, EUR)".
The final invoice amount will be converted on the basis of the currency exchange rate accord- ing to Reuter on the day of the check-in of the vehicle with a surcharge of 2.75%. All subsequent or changed costs will be based on the currency chosen by the renter, namely on the base of the applicable exchange rate on the day of the receipt of the cost note. The multi currency exchange service is provided by Monnex Financial Service. The renter can only demand the change of the chosen currency upon check-in, if he demands a list of all costs incurred. In all other cases, the currency chosen upon check-out shall be binding. If for whatever reason the conversion cannot be processed by Europcar, or is declined by the cardholder at the time of check-out the invoice will be issued in the currency of the country of rental and then converted afterwards according to the cardholder's bank conditions.
a. In the event of accident damages, loss, theft or improper use of the vehicle or the breach of contractual obligations in terms of items 5, 6 and 8 of these Terms, the renter shall be liable for repair costs and - in the event of total write-off - the replacement value after deduction of the residual value, if the renter or the driver is responsible for the damages. Furthermore, the renter shall also reimburse the costs for possible subsequent damages, especially impair- ment, towing costs, experts‘ fees and a fixed charge for administration costs. Liability of the renter is void, if neither the renter nor the driver of the vehicle is responsible for the damage.
b. If a liability exemption against payment of an additional charge is agreed upon, Europcar indemnifies the renter from damages to the rental vehicle in accordance with the principles of a fully comprehensive cover with the following excess amounts plus a fixed charge of €29.50. The exemption from liability includes damages caused by accident, i.e. a sudden event, directly affecting the vehicle from the outside with mechanical force; damages caused by braking, mechanical and electrical breakdown and pure breakages shall not be deemed to be accident damages. Therefore, the exemption from liability does not include damages that were caused by improper use and/or operation of the vehicle, for example due to gear switching errors or refuelling the vehicle with an incorrect type of fuel or damages which are caused by the material loaded. The excess for cars up to the upper medium-sized class amounts to €850.00 per damage; however, the excess amount is €1,050.00 for particularly valuable vehicles in the upper medium-sized class (e.g. BMW 525d), luxury class vehicles (e.g. Audi A6) as well as mini vans (e.g. VW Sharan). For renters/drivers under 23 years of age (apart from commissioned company drivers and in the event of the rental of a replace- ment vehicle after an accident or via travel insurance) the excess amounts to €1,200.00. For trucks up to group 4 it amounts to €750.00 for group 5 (e.g. MAN 8.180) €1,000.00 for group 6+7 (heavy trucks) to €1,500.00 per damage. A list of the excess amount that is applicable for the respective vehicle is available at the place of check-in. These excess amounts shall only apply, if no other deviating individual agreements were made. c. The exemption from liability does not release from the obligations in items 5, 6 and 8 of these Terms. The renter shall be fully liable for intentional breach of contractual obligations, especially for damages that are caused by an unauthorised driver (item 5) or for prohibited use (item 6). In the event that the driver commits an intentional hit-and-run accident or infringes on his obligations in terms of item 8, he shall likewise be fully liable, unless the infringement does not affect the ascertainment of the damage occurrence. In case of grossly negligent breach of contractual obligations, the renter shall be liable in relation to the serious- ness of his fault. Furthermore, the renter shall be fully liable, if the damage was intentionally caused. If the damage was caused by gross negligence, the renter shall be liable in relation to the seriousness of his fault. d. When taking out partial insurance cover, the renter shall be liable with an excess of €160.00 per damage occurrence plus a fixed charge of €29.50 for damages caused by collisions with furred game, glass damages, fire, theft and damages by natural forces in particular. e. Otherwise the statutory regulations shall apply.
All liability on the part of Europcar due to the breach of the contractual obligations agreed upon shall be limited to wilful intent and gross negligence, including wilful intent and gross negligence on the part of its representatives and vicarious agents.
Only in the events of bodily injury and health impairment, breach of essential contractual obligations and mandatory liability in accordance with the product liability law, Europcar shall also be liable for ordinary negligence. In this event the extent of the liability shall be limited to the replacement of the foreseeable damages, which are typical for this type of contract.
If the accident was registered by the police, damage claims on the part of Europcar against the renter will only become due after Europcar had the opportunity of accessing the files of the enquiry. The period of limitation commences at the latest 6 months after check-in of the vehicle. In the event that Europcar accesses the files, Europcar shall immediately inform the renter with regard to the time of access.
Smoking is strictly prohibited in all our vehicles. Europcar is authorized, to apply every case of culpable infringement of this prohibition of the driver or third person in the vehicle a compensation charge of €80,00. The renter will be permitted to prove that there was no infringe- ment or that the compensation charge has to be applied with lower amount.
Liability insurance covers a maximum sum insured of €100 million for any material or pecuniary loss, for personal injury the maximum sum insured is restricted to €8 million per person.
Passenger accident cover is only valid if it was explicitly agreed between the contracting parties. The maximum sum insured in case of disability is €20,000.00, in case of death €10,000.00 and for medical treatment costs €500.00. The sum insured increases 50% higher on a proportional claim if there are two or more passengers in the vehicle. This cover protects primarily the driver involved in self œ inflicted accidents up to the sum insured, as the driver cannot lay claim to the third party liability of the Europcar vehicle.
Version: September 2012
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