Terms and Conditions for Vehicle Rentals Without Driver

1. Subject of the contract

1.1 The rental contract obliges the lessor to provide the lessee with a vehicle for the duration specified in the rental contract, in accordance with the terms of use. The lessee is obliged to pay a rental fee as well as all other costs incurred during/through the use of the vehicle.

1.2 When handing over and returning the vehicle, the lessor and the lessee together create a handover/return report of the vehicle, which is part of the contract.

2. Booking and payment methods

2.1 Reservations can be made online, by telephone or by e-mail. In the case of a telephone or e-mail booking, the lessee first receives a written offer by e-mail, which must be confirmed within 48 hours. If this is not the case, the offer is cancelled. By confirming the reservation by concluding a contract, the lessee agrees to the General Terms and Conditions of the rental.

2.2 The reservation is binding only after receipt of the written confirmation of the reservation by the lessor and the payment of the total amount by the lessee.

2.3 A deposit in the amount of €50 is payable upon booking by the lessee to the lessor. The balance must be paid no later than 7 days before the start of the rental. The lessor reserves the right to withdraw from the contract and to charge cancellation fees in accordance with point 6 in the event of non-compliance with the aforementioned deadlines after sending a payment notification and after expiry of a reasonable period of time.

2.4 If the reservation is made less than 7 days before the start of the rental, the entire rental amount must be paid immediately.

3. Price

3.1 The rental price corresponds to the amount specified in the rental contract, which depends on the category of the vehicle, the selected rental period and the selected additional services. The rental price covers the insurance specified in point 8 as well as the maintenance costs resulting from normal/fiduciary use of the vehicle.

3.2 All additional costs/expenses in connection with the rental of the vehicle which are not included in the total rental price, in particular fuel costs as well as toll- and parking fees, shall be paid by the lessee. Any costs incurred as a result of fines, penalties or legal proceedings must also be paid by the lessee.

3.3 The limit of free kilometres for each day is 350 km. The additional kilometres will be charged to the lessee after return of the vehicle at a rate of €0.30/km.

4. Handover/return of the vehicle

4.1 The handover and return of the vehicle occurs at the lessor’s premises at the time specified in the rental contract.

4.2 At the time of handover of the vehicle, the lessee is required to present his identity card and driving license, which must be valid for the vehicle as well as for the duration of the rental. If this is not the case, the lessor is entitled to refuse to provide the vehicle. These documents must be presented in their original form. Copies are not permitted.

4.3 The vehicle can be collected on the first rental day and only by appointment. The vehicle is washed, cleaned and filled with fuel. No vehicle instruction is possible for pick ups outside office hours.

4.4 The lessor and the lessee shall draw up a handover report of the vehicle in which any damage to the vehicle is pointed out. This report is signed by both the lessor and the lessee and is part of the rental contract.

4.5 The lessee returns the vehicle in the condition determined in the handover report, otherwise fees will be charged in accordance with point 8.1. The lessee ensures on return that the vehicle is in a clean condition and that the tank of the vehicle is full. Otherwise, the lessor is entitled to charge the fees incurred by charge for cleaning and refuelling.

4.6 All damages to the vehicle determined at the time of return shall be borne by the lessee. The burden of proof that the damage is not due to the behavior of the lessee lies with the lessee.

4.7 If the lessee does not return the vehicle at the time agreed in the rental contract, the lessor is entitled to require a usage fee equal to the agreed rental price for the retention period exceeding the contract period. In addition, the lessor can assert claims for damages against the lessee.

4.8 An extension of the rental period is only possible with the express written consent of the lessor. The right to use the rental vehicle only extends to the period of use agreed in the rental contract. Further use after the end of the rental period does not lead to an extension of the rental contract.

4.9 The return of the vehicle before the end of the agreed rental period does not lead to a reduction in the rent agreed in the rental contract.

5. Obligations of the lessee

5.1 The vehicle may - except in urgent cases - only be driven by the lessee himself or by the driver(s) specified in the rental contract. In case of additional drivers, the lessee is obliged the day of handover to inform the lessor of their exact names and addresses and present their original identity card and driving licences. The lessee must ensure that the other drivers can operate the vehicle and that no driving bans are imposed on them.

5.2 The use of the vehicle is limited to the private use of a vehicle, which is considered as “normal”. In this respect, commercial use, paid passenger transport, subletting or use for removal purposes is prohibited. The vehicle Peugeot Boxer Utility is exempt from this regulation for removal purposes.

5.3 Travelling within the member states of the European Union, the European Free Trade Association, the United Kingdom and Andorra is permitted within the framework of the rental of the vehicle, unless otherwise provided in the rental contract. When travelling to countries not listed, the lessee must obtain the prior written consent of the lessor.

5.4 In the event of damage or an accident, the lessee is obliged to contact the lessor immediately. The lessor informs the lessee about the next steps and leads him to a partner garage to repair the vehicle. The lessee is not entitled to make repairs or modifications to the vehicle without the express written consent of the lessor himself.

5.5 Smoking is strictly prohibited in any rental vehicle. If the ban on smoking is not observed in the rented vehicle, €500 will be charged to compensate for nuisance and for professional cleaning of traces of smoke.

5.6 The removal/overstickering of the advertising stickers affixed to the rental vehicle is not permitted except with the written consent of the lessor. In the event of failure to comply with this provision, the costs of re-sticking the advertisement will be charged.

6. Cancellation by the lessee - no-show of the lessee

6.1 The lessor has the right to charge a one-time processing fee of €50 per booking to the lessee in the event of even a partial cancellation by the lessee. In the event of cancellation before the start of the rental period, the lessee is obliged to pay compensation, considering the time of cancellation, from the total price.

Up to 7 days before the start of the lease: €50

7 to 1 day(s): 25%

In the event of non-appearance, invalid identification documents or unfitness of the driver to drive: 100%

6.2 The cancellation fees also apply to cancellations of selected additional services (snow chains, vignette, ...).

6.3 When calculating the compensation, the date of receipt of the notice of cancellation by the lessor is considered. Cancellation by the lessee must be done in writing.

7. Cancellation by the lessor

7.1 The lessor has the right to terminate the rental contract immediately if the lessee or one of his companions after the handover of the vehicle, even after a reminder, significantly disrupt the agreed contractual conditions, shows a manner of conduct, which makes a continuation of the rental contract unacceptable for the lessor and/or the other parties involved, or if the lessee/companion does not adhere to objectively justified rules. In this case, the lessor has the right to terminate the rental contract and to demand the immediate return of the rental car to his premises, while respecting his right to payment of the total price specified in the rental contract, without prejudice to the right to compensation.

7.2 The lessor reserves the right to terminate the contract before the handover of the vehicle. If the cancellation is not due to a fault of the lessee, all payments already made in direct connection with the order will be refunded to the lessee after cancellation of the contract.

8. Insurance

8.1 The rental price includes a fully comprehensive insurance with an excess of €500 for the vehicle. The excess applies per damage.

8.2 The lessee is fully responsible for the intentional violation of his contractual obligations. This includes, among other things, damage to the rental vehicle by an unauthorised driver and the use of the vehicle for prohibited purposes.

8.3 The insurance does not cover any damage to the interior of the vehicle as well as any damage resulting from incorrect fueling, improper usage or the loss of keys. The costs incurred in this respect must be borne in full by the lessee.

8.4 Personal belongings of the lessee are not covered by the insurance of the lessor.

8.5 If the private vehicle is parked on the lessor’s property during the rental period, the lessor accepts no liability in the event of theft or other damage.

8.6 In the event of theft, fire, damage caused by game or accident, the lessee is obliged to inform the local police. If the incident is not reported to the police, the lessee is liable for the resulting costs. The tenant is also obliged to contact the lessor in this respect, to get information about the next steps.

8.7 The early return of the rental vehicles to the lessor’s premises is at the lessee’s own risk. The lessor is not liable for any damage incurred up to the agreed end of the rental period.

9. Geolocation of the vehicles

9.1 The lessee expressly agrees that the rental vehicle is equipped with a geolocation system. This system enables the recording of the travelled speeds, distances, operating data and position of the vehicle. All data is kept strictly confidential and in accordance with the provisions of point 10 of these General Terms and Conditions.

10. Processing of personal data

10.1 Any contract between the lessor and the lessee may include the collection of personal data of the lessee, the processing of which is necessary for the performance of the contract and/or the fulfilment of legal obligations. In such cases, the data may be processed, stored and archived by the lessor or even passed on to third parties or subcontractors. Any transfer of personal data is carried out in accordance with Luxembourg law and the law of the European Union, in particular the General Regulation on the Protection of Personal Data (No 679/2016/EU).

10.2 Unless otherwise stated, this information includes the name of the lessee or his/her representative (if it is a legal person), a correspondence postal address, a billing address, an email address and a phone number. However, if this is necessary for the performance of the contract, the information to be transmitted by the lessee may be more extensive.

10.3 Access to this data is secured. The lessor shall inform the lessee of any violation of his rights in accordance with the provisions of this point.

10.4 The lessee declares that he has been informed that, on the one hand, in accordance with the legislation applicable in the Grand Duchy of Luxembourg on the processing of personal data, he shall have access at any time to the personal data concerning him and its rectification. On the other hand, the lessee has the right to refuse the processing of his data, with the consequence that the lessor then reserves the right to refuse the conclusion of the contract with the lessee, if this data is necessary for the performance of this contract.

10.5 The data may be stored for the entire term of the contract and for ten (10) years after the expiration of the contract, without prejudice to any limitation periods and legal/regulatory requirements that prescribe a longer retention period.

11. Limitation period for complaints

11.1 Complaints about insufficient services - except for personal injury - must be submitted by the lessee within thirty (30) days (the postmark applies) after the contractually agreed return of the rental car to the lessor. Upon proof of a justified extension, the lessee may be granted a longer period.

11.2 The right of the lessee according to point 11.1 to complain - except for personal injury - usually expires one year after the end of the lease.

12. Final provision

12.1 The lessor reserves the right to modify these General Terms and Conditions. Changes can only be opposed to the lessee if the lessee has been informed in writing before the conclusion of the lease.

13. Applicable law

13.1 Luxembourg law applies to these General Terms and Conditions and to the rental contract concluded.

14. Dispute Resolution

14.1 Disputes arising from these General Terms and Conditions or the validity, interpretation, implementation or termination of the rental contract concluded between the lessor and the lessee are subject to the Mediation Regulation of the Centre de Médiation Civile et Commerciale (CMCC) in Luxembourg, to which the parties in this case accede by signing a mediation agreement pursuant to Articles 1251-9 of the new Code of Civil Procedure.

14.2 Pursuant to Article 1251-9 of the new Code of Civil Procedure, the signing of the mediation agreement suspends the limitation period of the tenancy during mediation.

14.3 The obligation to settle disputes through mediation provided for in these General Terms and Conditions shall be deemed to have been fulfilled and the mediation shall be deemed to have ended within the meaning of Article 1251-5 paragraph 2 sentence 3 of the new Code of Civil Procedure, if, at the end of the first hearing before the mediator, the parties or one of them decides not to continue their settlement of the dispute through mediation.

14.4 If a mediation under the Mediation Regulation of the Centre de Médiation Civile et Commerciale (CMCC) in Luxembourg cannot settle a dispute between the lessor and the lessee, the courts of the Grand Duchy of Luxembourg will have exclusive jurisdiction to deal with and resolve this dispute.

These General Terms and Conditions are available in German, French and English. In the event of discrepancies between these versions, the German text prevails.