concerning the Rental Agreement
(CONSUMER)
I. Preamble:[1.] The rental agreement is concluded between ARAC GmbH as lessor on the one hand and the lessee/s named in the rental agreement on the other. The rental agreement at hand is based on the following terms & conditions; varying contractual conditions of the lessee’s such as its general terms & conditions of business, in particular, shall take no legal effect.
[2.] The lessee/s acknowledge/s that a number of lessees as well as the vehicle drivers indicated in the rental agreement are jointly liable to the lessor for compliance with the rental agreement. The lessee/s is/are obligated to impose the general terms & conditions of business on any driver named in the rental agreement; in the event of non-imposition of the general terms & conditions they must indemnify and hold harmless the lessor for all losses that result from this omission. The lessee/s shall also have the responsibility of ensuring that the vehicle is handed over only to drivers that are named in the rental agreement and are in possession of a valid driver’s licence.
II. Vehicle handover:
The vehicle will be handed over to the lessee/s in an operational, roadworthy condition, with a toll sticker for Austria, the vehicle manual and the operating equipment prescribed by law, on the lessee’s own account and at the lessee’s own risk. The vehicle will also be handed over with a full tank of fuel. The lessee is obligated to inform the lessor of all recognizable vehicle defects present in addition to those listed in the rental agreement immediately upon handover and to ensure a written record in the section of the rental agreement designated for the purpose.
III. Use of the vehicle and responsibility for risks:
[1.] The lessee is obligated to use the vehicle properly and as agreed in accordance with the manufacturer’s operating manual; he shall take account of the lessor’s information and instructions.
[2.] The lessee shall assume risk (except for chance and acts of God) upon handover of the vehicle; he shall be liable to the lessor for damage to the vehicle of whatever origin; in particular he shall be liable for damage arising from improper use and/or from use of the vehicle in contravention of the agreement. In particular, the lessee is not entitled to use the vehicle on non-secured roads and/or off-road, or to use it for participation in sports events or on race courses; use of the vehicle for driving school practice is likewise forbidden.
[3.] The lessee must stow or secure, using suitable means, any load transported by him, in such manner that the load is able to withstand forces arising during normal operation.
[3.1.] The individual parts of the load must therefore be stowed/secured in such manner that they are unable, or able only very slightly, to change position in relation to one another or in relation to the vehicle body.
[3.2.] Safe operation of the vehicle must be guaranteed at all times; precautions must be taken to ensure that other road users are not put at risk. Upon conclusion of the rental agreement the lessor shall offer the lessee a cargo securing kit against payment of a surcharge. If the lessee does not accept this offer, he must find suitable aids for securing cargo for himself. In any case the lessee shall be liable for the proper use of the cargo securing kit; if the cargo securing kit is damaged, any further use shall be forbidden.
[4.] The lessee undertakes to use the vehicle in accordance with the relevant statutory provisions (laws, regulations etc.) particularly in observance of the road traffic regulations code (StVO), the implementation orders pertaining to these and the (special) stipulations of other states as well as of the Austrian provinces and municipalities.
[5.] The lessee shall not be entitled to use the vehicle to tow other vehicles, of whatever nature; in the event of a breach of this stipulation the lessee shall be liable for all losses accruing to the lessor as a result.
[6.] The lessee is forbidden to perform any form of alteration on and inside the vehicle; should the lessee nonetheless perform alterations of whatever nature, he shall pay for all costs for restoring the vehicle to its original condition.
IV. Journeys outside Austria:
The lessee shall not be entitled to drive with the vehicle beyond the borders of Austria; unless he has the lessor’s written consent to do so. The declaration of consent must be presented on request to the authorities at the border crossing. The consent shall be granted for countries identified in the rental agreement only upon assumption of a separate security supplement by the lessee as well as at the lessor’s own discretion; there shall be no claim to the issue of any such consent. In the event of a non-approved journey or a journey in breach of the agreement outside Austria, the lessee shall be liable to the lessor for all losses that accrue to the lessor as a result. Breach of the agreement for carrying out journeys outside Austria constitutes a significant infringement of contract. The lessee acknowledges that, in the event of a non-approved journey outside Austria, any CDW/S-CDW limitation of liability and the THW shall also become invalid (see item [X./XII.]). In the individual case, damage to the lessor shall comprise, in the event of loss of the vehicle, its market value plus the arising administrative costs (registration and deregistration, insurances, etc.). In the event of an approved journey outside Austria, the lessee is obliged to enquire about the relevant regulations in the respective country; this applies in particular for road tolls, special insurance entitlements, driver’s licence requirements etc.
V. Vehicle transfer:
[1.] The leased vehicle may be used by the lessee (if he himself is the driver) and/or with his consent also by his employees, by members of his family or by other identified persons. The requirement for a person’s being permitted to use the vehicle is explicit naming in the agreement as driver (“the drivers”). The lessee has the sole responsibility of checking whether the driver is in possession of a valid driver’s licence. To do this, he must exhaust all possibilities available to him and conduct the necessary investigations.
The lessee is obligated to declare the address and date of birth of all drivers in the rental agreement in addition to their names. Transfer of the vehicle to others than the named persons is not permitted without the express written consent of the lessor.
[2.] The lessee undertakes to safeguard the vehicle keys in such manner that no unauthorized third party can gain possession of them.
VI. Rental payment and payment conditions:
[1.] The lessee shall owe a rental payment at the amount agreed in each case.
[2.] The lessee shall present to the lessor a credit card that is valid for at least another three months and shall authorize the lessor to deduct from the card issuer a credit amounting to the anticipated rent according to the rental agreement, a full tank and a deductible for a damage incident at the amount agreed in each case. Furthermore, the lessor shall be entitled to adjust all of the lessee’s obligations arising from the rental agreement, in particular also subsequent costs such as, for example, administrative penalties and fines, cleaning costs, towing costs, compensation for damage, etc., at a later date using the credit card made available for coverage of the rental costs, as well as to issue and to use all receipts necessary for this.
[3.] In the event that he is not in the possession of a valid credit card, the lessee shall be obligated, stage by stage upon handover of the vehicle, to hand over to the lessor a deposit amounting to the anticipated rent according to the rental agreement, a full tank as well as the deductible for a damage incident at the agreed amount. The lessee acknowledges that deposit management is only possible at certain rental stations; the corresponding obligation to investigate which ones falls to the lessee.
[4.] Furthermore, the lessee acknowledges the following calculation rates for additional expenses accruing to the lessor (for example, loss of the vehicle keys or of the registration documents, etc., any non-returned accessories).
[4.1.] The processing charge for loss of keys (incl. value of materials) amounts to € 200.00 net plus 20 % sales (turnover) tax/VAT amounting to € 40.00 results in € 240.00 gross plus costs for material and working hours at the service provider for the new key and plus vehicle parking time.
[4.2.] The processing charge for loss of registration documents (incl. stamp duties, etc.) amounts to € 70.00 net plus 20% sales (turnover) tax/VAT amounting to € 14.00 results in € 84.00 gross.
[4.3.] Special cleaning costs will be charged according to actual expenditure.
[4.4.] The processing fees for parking penalties, towing costs and similar amount to € 20.00 net plus 20% sales (turnover) tax/VAT amounting to € 4.00 results in € 24.00 gross; likewise, the removal or alteration of vehicle stickering. Parking penalties, towing costs, etc. as well as material expenditure for the stickering will be charged separately in each case.
[5.] The lessor’s rental payment claims as well as any other claims arising from the rental agreement including damage compensation claims shall be due for payment immediately in each case; in the event of a default of payment the lessee undertakes to pay default interest amounting to 6 % p.a. above the respective 3-month Euribor; additionally, the lessee shall owe to the lessor the reimbursement of the expenses resulting from the delay, in particular the dunning costs amounting to € 15.00 plus 20 % sales (turnover) tax/VAT, amounting to €3.00, resulting in €18.00 (gross), the costs for out-of-court and in-court pursuance of the claim through collection agencies and/or a lawyer, as far as these costs are necessary to serve the purpose of the prosecution.
[6.] The rents, fees, expenses, etc. listed in the rental agreement are understood, unless an alternative ruling has expressly been made, plus sales (turnover) tax/VAT at the statutory amount in each case. The probable invoice amount forecast in the rental agreement on the basis of the assumed rental period, or of the rental period prescribed by the lessor, respectively, represents a gross amount including sales (turnover) tax.
VII. Duration of contract:
[1.] The rental agreement is concluded for the period indicated in the rental agreement; the vehicle must be returned at the time indicated in the rental agreement and take account of wear and tear associated with proper use (see item VIII.).
[2.] The lessor is entitled to cancel the rental agreement prematurely on pressing grounds. Examples of pressing grounds are default in payment, or if the vehicle is used in breach of contract, if other significant contractual obligations are infringed or, respectively, not met, or in the event of (inculpable or culpable) damage to / destruction of the vehicle. Premature contract termination can be declared by the lessor orally (by telephone, for example).
[3.] Should, in the event of a default in payment, the expiring balance not be paid within the period set according to the dunning letter sent to the client, the lessor shall be entitled to confiscate the rented vehicle.
VIII. Vehicle return:
[1.] The lessee is obligated to return the vehicle in a proper condition, as agreed (taking account of any defects already indicated in the rental agreement), at the agreed time at the agreed place; the vehicle must have a full tank of fuel.
[2.] The return of the vehicle – unless an alternative arrangement has been made in the rental agreement – must take place in the presence of the lessor. If, contrary to this obligation, the lessee returns the vehicle without the lessor’s presence, he shall bear the risk for the vehicle until the lessor actually takes possession of the vehicle.
[3.] The lessee must compensate the lessor for any damage or losses arising as a result of the return of the vehicle in infringement of the agreement. If the lessee does not return the vehicle in the presence of the lessor, it shall be taken back into possession by the lessor under express reservation of a subsequent examination and claims assessment.
[4.] If the vehicle is returned without a tank full of fuel, the lessor shall be entitled to bill the lessee for the fuel costs according to the prices per litre identified in the rental agreement in each case.
[5.] In the event of vehicle return at a location other than the location agreed in the rental agreement, the lessee undertakes to inform the lessor of this intention immediately and to reimburse to the lessor the resulting costs for transfer of the vehicle, etc.
[6.] The lessee is obligated to return the vehicle at the agreed time; this is essential, because the vehicles are permanently in use and already re-leased in advance. Therefore, the lessee shall inform the lessor immediately (in advance) about any intended later return of the vehicle. Extension is only possible with the express consent of the lessor. The lessor is entitled to bill a rent payment according to the master tariff (which can also vary from the rent payment according to the rental agreement) for the additional use of the vehicle; the application of a potentially higher master rate is justified, amongst other reasons, also because considerable extra administrative expenditure arises for the fulfilment of other rental agreements for which the vehicle was intended on timely return.
[7.] The lessee is not strictly obligated to clean the vehicle prior to return; in the event of considerable soiling exceeding normal use, however, the lessor shall be entitled to bill additional cleaning costs in accordance with item VI. of this agreement.
IX. Damage compensation:
[1.] According to these general terms & conditions of business, the risk for the vehicle (excluding accident and acts of God) is borne to the full extent by the lessee. The rental object is, however, insured for third-party liability at least at the rate of the legally established coverage; to the extent that he is responsible, damage going beyond this shall be charged to the lessee (the valid third-party liability insurance including the current amount of the coverage are available for consultation at the rental stations). Damage that is not covered by the third-party liability insurance, such as theft, loss and other damage to the vehicle, unless a reduction of liability has been amicably agreed in the rental agreements, shall likewise be charged to the lessee.
[2.] The lessee is obligated to report any damage immediately to the nearest police station and to send the report to the lessor. An European accident report, with provision of the facts of the incident including any accident witnesses, the other party involved in the accident, his third-party liability insurance, etc., must be submitted at a rental station, signed by the driver, upon return of the vehicle at the latest. In the event of omission of this duty the lessee shall be liable to the lessor for all losses accruing as a result.
[3.] In the event of damage (particularly also in the cases under item X. [2.]) the lessee shall be liable for all damage accruing to the lessor (excluding chance and acts of God), that is to say, in particular for repair, towing and impoundage costs, costs of recovering the vehicle in the event of write-off, reduction in value, etc., as well as for all other auxiliary costs (for example, costs for recording a damage incident, monetary fines and third-party claims that the lessor is required to refund (and also for refund of lost profit – for example, lost rental income).
X. Reduction of liability:
[1.] Upon conclusion of the rental agreement, the lessee has the option to agree a reduction of liability; if such a reduction of liability has been agreed, any damage to the vehicle (unless otherwise agreed hereinafter) shall be charged to the lessor up to the agreed damage deductible.
In any event the deductible shall be borne by the lessee.
[2.] In spite of an agreed reduction of liability, the lessee shall not be able to plead this reduction if the following forms of damage have arisen:
[2.1.] Damage which has arisen within the context of journeys outside Austria that had not been approved by the lessor;
[2.2.] Damage resulting from the loss or theft of the vehicle within the context of journeys outside Austria that had not been approved by the lessor;
[2.3.] Damage resulting from road traffic accidents, if the lessee (i) commits a hit-and-run offence or (ii) in the event of road accidents which have arisen when the driver was in a condition impaired by alcohol, medications or drugs or (iii) when another condition impaired the driver’s capability to react (for example, tiredness, sickness etc.);
[2.4.] Damage resulting from loading of the vehicle, for example due to cargo or overloading, as well as damage to the interior fittings of the vehicle, damage arising as a result of insufficiently secured load or through the inappropriate attachment of accessories / unsuitable accessories;
[2.5.] Damage and causally associated resultant damage to trucks rigging (tarpaulin, tarpaulin bows, van body, lift gate, refrigerating system) and cabriolet roof;
[2.6.] Damage and causally associated resultant damage to tyres and rims, as well as to the vehicle undercarriage;
[2.7.] Damage due to theft, if the lessee is unable to return the vehicle keys;
[2.8.] Damage resulting from breaches of item III (use of the vehicle), V (vehicle transfer ), VIII (vehicle return) or XII (behaviour in the event of road accidents);
[2.9.] Damage arising as a result of non-observance of maximum headroom, for example in underpasses, garages etc.;
[2.10.] Damage of any other nature arising as a result of intent or gross negligence.
XI. Liability for administrative violations:
[1.] The lessee shall be liable for breaches of statutory and public authority regulations in Austria and abroad (for example, road traffic regulations, customs regulations). In the event of a transfer of the vehicle, the lessee shall be as liable in this respect for the behaviour of the third parties as he is responsible for his own behaviour.
[2.] The lessee acknowledges that the lessor, in the event of enquiries from the public authorities, particularly in the case of official driver information, will name the lessee as driver at the address indicated to the lessor in the rental agreement; the lessee shall inform the lessor of changes to the address immediately, even after mutual fulfilment of the rental agreement. In the event of enquiries by public authorities in connection with administrative violations and similar, the lessor shall be entitled to bill to the lessee the processing fees indicated in item VI.
XII. Behaviour in the event of road accidents:
[1.] In the event of involvement in a road traffic accident the lessee must undertake everything that is useful for clarifying the facts of the case. The lessee must record in writing names and addresses of those involved in the accident and of witnesses, inform the lessor as soon as possible via telephone, fax, or e-mail, and obtain the lessor’s instructions. Furthermore, in the event of accidents, but also in the event of damage to the vehicle through third-party culpability, loss of or theft of the vehicle, of the vehicle papers or keys, the lessee must in each case inform the nearest police station immediately, make a report; a copy of the report is to be delivered to the lessor.
[2.] The lessee is not entitled to acknowledge or to satisfy a third-party claim in whole or in part. A full damage notification in the form of a European accident report, signed by the driver, with provision of the facts of the matter including any accident witnesses, the other party involved in the accident, the latter’s third-party liability insurance, etc. must be submitted at a rental station upon return of the vehicle at the latest.
[3.] If only one of the items mentioned above is not complied with, a significant breach of agreement is at hand and the liability limitations therefore also become invalid (see item X.). Non-compliance with these items can also lead to the introduction of exemption from performance. If exemption from performance is introduced, the lessee shall be obligated to reimburse the lessor for all damage arising.
XIII. Exclusion of lessor’s liability:
Liability of the lessor for damage by the lessee is excluded, unless the lessor can be charged with intent or gross negligence. Moreover, in terms of amount the lessor’s liability is limited to the rental payment. The lessor is also not liable, in particular, for loss of or damage to objects brought into or left behind in the vehicle.
XIV. Repair work:
The lessee is not entitled to represent the lessor in legal transactions; accordingly, the lessee is also not permitted to order on his own authority, that is to say without obtaining the prior express consent of the lessor, repair work on the vehicle. Only when consultation with the lessor, for reasons that fall under the lessor’s responsibility, is not possible and there is imminent danger or the preconditions for a necessary transaction without an order are otherwise in place, shall the lessee be entitled to have repair work carried out at an authorized contractual repair shop for the respective vehicle make.
XV. Consent to data processing:
The lessee grants herewith his expressly revocable consent that the lessor may process and store with computer assistance all data, of whatever nature, provided to the lessor within the context of this agreement closure; moreover, the lessor is entitled to forward the data to associated companies, advertising agencies and market research institutes. The lessee is entitled to withdraw the consent at any time.
XVI. Written form:
Changes and supplements to this agreement require, for their legal effectiveness, the written form.
XVII. Place of jurisdiction and applicable law:
For all legal disputes arising from this agreement the parties to the agreement agree on the applicability of Austrian law as well as on the responsibility of the materially competent court in the administrative district of which the lessee has his place of residence, has his habitual abode or pursues his professional activity.
concerning the Rental Agreement
(CORPORATE CLIENT)
I. Preamble:
[1.] The rental agreement is concluded between ARAC GmbH as lessor on the one hand and the lessee/s named in the rental agreement on the other. The rental agreement at hand is based on the following terms & conditions; varying contractual conditions of the lessee’s such as its general terms & conditions of business, in particular, shall take no legal effect.
[2.] The lessee/s acknowledge/s that a number of lessees as well as the vehicle drivers indicated in the rental agreement are jointly liable to the lessor for compliance with the rental agreement. The lessee/s is/are obligated to impose the general terms & conditions of business on any driver named in the rental agreement; in the event of non-imposition of the general terms & conditions they must indemnify and hold harmless the lessor for all losses that result from this omission. The lessee/s shall also have the responsibility of ensuring that the vehicle is handed over only to drivers that are named in the rental agreement and are in possession of a valid driver’s licence.
II. Vehicle handover:
The vehicle will be handed over to the lessee/s in an operational, roadworthy condition, with a toll sticker for Austria, the vehicle manual and the operating equipment prescribed by law, on the lessee’s own account and at the lessee’s own risk. The vehicle will also be handed over with a full tank of fuel. The lessee is obligated to inform the lessor of all recognizable vehicle defects present in addition to those listed in the rental agreement immediately upon handover and to ensure a written record in the section of the rental agreement designated for the purpose.
III. Use of the vehicle and responsibility for risks:
[1.] The lessee is obligated to use the vehicle properly and as agreed in accordance with the manufacturer’s operating manual; he shall take account of the lessor’s information and instructions.
[2.] The lessee shall assume risk upon handover of the vehicle; he shall be liable to the lessor for damages to the vehicle of whatever origin; in particular he shall be liable for damages arising from improper use and/or from use of the vehicle in contravention of the agreement. In particular, the lessee is not entitled to use the vehicle on non-secured roads and/or off-road, or to use it for participation in sports events or on race courses; use of the vehicle for driving school practice is likewise forbidden.
[3.] The lessee must stow or secure, using suitable means, any load transported by him, in such manner that the load is able to withstand forces arising during normal operation.
[3.1.] The individual parts of the load must therefore be stowed/secured in such manner that they are unable, or able only very slightly, to change position in relation to one another or in relation to the vehicle body.
[3.2.] Safe operation of the vehicle must be guaranteed at all times; precautions must be taken to ensure that other road users are not put at risk. Upon conclusion of the rental agreement the lessor shall offer the lessee a cargo securing kit against payment of a surcharge. If the lessee does not accept this offer, he must find suitable aids for securing cargo for himself. In any case the lessee shall be liable for the proper use of the cargo securing kit; if the cargo securing kit is damaged, any further use shall be forbidden. Any damages of any kind whatsoever and caused by whosever shall be reimbursed by the lessee.
[4.] The lessee undertakes to use the vehicle in accordance with the relevant statutory provisions (laws, regulations etc.) particularly in observance of the road traffic regulations code (StVO), the implementation orders pertaining to these and the (special) stipulations of other states as well as of the Austrian provinces and municipalities.
[5.] The lessee shall not be entitled to use the vehicle to tow other vehicles, of whatever nature; in the event of a breach of this stipulation the lessee shall be liable for all losses accruing to the lessor as a result.
[6.] The lessee is forbidden to perform any form of alteration on and inside the vehicle; should the lessee nonetheless perform alterations of whatever nature, he shall pay for all costs for restoring the vehicle to its original condition.
IV. Journeys outside Austria:
The lessee shall not be entitled to drive with the vehicle beyond the borders of Austria; unless he has the lessor’s written consent to do so. The declaration of consent must be presented on request to the authorities at the border crossing. Consent will be granted for countries indicated in the rental agreement only upon assumption of a separate security supplement by the lessee, and at the lessor’s own discretion; there shall be no claim to the issue of any such consent. In the event of a non-approved journey or a journey in breach of the agreement outside Austria, the lessee shall be liable to the lessor for all losses that accrue to the lessor as a result. Breach of carrying out journeys outside Austria constitutes a significant infringement of contract. The lessee acknowledges that, in the event of a non-approved journey outside Austria, any CDW/S-CDW limitation of liability and the THW shall also become invalid (see item [X./XII.]). In the individual case, damage to the lessor shall comprise, in the event of loss of the vehicle, its market value plus the arising administrative costs (registration and deregistration, insurances, etc.). In the event of an approved journey outside Austria, the lessee is obliged to enquire about the relevant regulations in the respective country; this applies in particular for road tolls, special insurance entitlements, driver’s licence requirements etc.
V. Vehicle transfer:
[1.] The leased vehicle may be used by the lessee (if he himself is the driver) and/or with his consent also by his employees, by members of his family or by other identified persons. The requirement for a person’s being permitted to use the vehicle is explicit naming in the agreement as driver (“the drivers”). The lessee has the sole responsibility of checking whether the driver is in possession of a valid driver’s licence. To do this, he must exhaust all possibilities available to him and conduct the necessary investigations.
The lessee is obligated to declare the address and date of birth of all drivers in the rental agreement in addition to their names. Transfer of the vehicle to others than the named persons is not permitted without the express written consent of the lessor.
2.] The lessee undertakes to safeguard the vehicle keys in such manner that no unauthorized third party can gain possession of them.
VI. Rental payment and payment conditions:
[1.] The lessee shall owe a rental payment at the amount agreed in each case.
[2.] The lessee shall present to the lessor a credit card that is valid for at least another three months and shall authorize the lessor to deduct from the card issuer a credit amounting to the anticipated rent according to the rental agreement, a full tank and a deductible for a damage incident at the amount agreed in each case. Furthermore, the lessor shall be entitled to adjust all of the lessee’s obligations arising from the rental agreement, in particular also subsequent costs such as, for example, administrative penalties and fines, cleaning costs, towing costs, compensation for damages, etc., at a later date using the credit card made available for coverage of the rental costs, as well as to issue and to use all receipts necessary for this.
[3.] In the event that he is not in the possession of a valid credit card, the lessee shall be obligated, stage by stage upon handover of the vehicle, to hand over to the lessor a deposit amounting to the anticipated rent according to the rental agreement, a full tank as well as the deductible for a damage incident at the agreed amount. The lessee acknowledges that deposit management is only possible at certain rental stations; the corresponding obligation to investigate which ones falls to the lessee.
[4.] Furthermore, the lessee acknowledges the following calculation rates for additional expenses accruing to the lessor (for example, loss of the vehicle keys or of the registration documents, etc., any non-returned accessories):
[4.1.] The processing charge for loss of keys (incl. value of materials) amounts to € 240.00 gross plus costs for material and working hours at the service provider for the new key and plus vehicle parking time.
[4.2.] The processing charge for loss of the registration documents (incl. stamp duties, etc.) amounts to € 84.00 gross.
[4.3.] Special cleaning costs will be charged according to actual expenditure.
[4.4.] The processing fees for parking penalties, towing costs and similar amount to € 24.00 gross; likewise, the removal or alteration of vehicle stickering. Parking penalties, towing costs, etc. as well as material expenditure for the stickering will be charged separately in each case.
The lessor’s rental payment claims as well as any other claims arising from the rental agreement including damage compensation claims shall be due for payment immediately in each case; in the event of a default of payment the lessee undertakes to pay default interest amounting to 6 % p.a. above the respective 3-month Euribor; additionally, the lessee shall owe to the lessor the reimbursement of the expenses resulting from the delay, in particular the dunning costs amounting to €18.00 (gross), the costs for out-of-court and in-court pursuance of the claim through collection agencies and/or a lawyer, as far as these costs serve the purpose of the prosecution.
[5.] The lessee shall check the calculation of the rental fee for any calculation errors; in case of traceable calculation errors, contract adaptation due to mistake shall be allowed.
[6.] The rents, fees, expenses, etc. listed in the rental agreement are understood, unless an alternative ruling has expressly been made, exclusive of sales (turnover) tax/VAT at the statutory amount in each case, with such sales (turnover) tax/VAT to be added.
[7.] The set-off of the lessee’s receivables with receivables of the lessor’s is excluded, unless the lessor has become insolvent or the counterclaim is legally associated with the lessee’s liabilities and has been recognized by a court or acknowledged by the lessor.
VII. Duration of contract:
[1.] The rental agreement is concluded for the period indicated in the rental agreement; the vehicle must be returned at the time indicated in the rental agreement (see item VIII.).
[2.] The lessor is entitled to cancel the rental agreement and/or all current rental agreements prematurely on pressing grounds. Examples of pressing grounds are default in payment, or if the vehicle/the vehicles is/are used in breach of contract, if other significant contractual obligations are infringed or, respectively, not met, or in the event of (inculpable or culpable) damage to / destruction of the vehicle (even if applicable to only one out of possibly several leased vehicles). Premature contract termination can be declared by the lessor orally (by telephone, for example).
[3.] Should, in the event of a default in payment, the expiring balance not be paid within the period set according to the dunning letter sent to the client, the lessor shall be entitled to confiscate the rented vehicle; the lessor shall likewise be entitled to confiscate all other vehicles rented by the lessee.
VIII. Vehicle return:
[1.] The lessee is obligated to return the vehicle in a proper condition, as agreed (taking account of any defects already indicated in the rental agreement), at the agreed time at the agreed place; the vehicle must have a full tank of fuel.
[2.] The return of the vehicle – unless an alternative arrangement has been made in the rental agreement – must take place in the presence of the lessor. If, contrary to this obligation, the lessee returns the vehicle without the lessor’s presence, he shall bear the risk for the vehicle until the lessor actually takes possession of the vehicle.
[3.] The lessee must compensate the lessor for any damage or losses arising as a result of the return of the vehicle in infringement of the agreement. If the lessee does not return the vehicle in the presence of the lessor, it shall be taken back into possession by the lessor under express reservation of a subsequent examination and claims assessment.
[4.] If the vehicle is returned without a tank full of fuel, the lessor shall be entitled to bill the lessee for the fuel costs according to the prices per litre identified in the rental agreement in each case.
[5.] In the event of vehicle return at a location other than the location agreed in the rental agreement, the lessee undertakes to inform the lessor of this intention immediately and to reimburse to the lessor the resulting costs for transfer of the vehicle, etc.
[6.] The lessee is obligated to return the vehicle at the agreed time; this is essential, because the vehicles are permanently in use and already re-leased in advance. Therefore, the lessee shall inform the lessor immediately (in advance) about any intended later return of the vehicle. Extension is only possible with the express consent of the lessor. The lessor is entitled to bill a rent payment according to the master tariff (which can also vary from the rent payment according to the rental agreement) for the additional use of the vehicle; the application of a potentially higher master tariff is justified, amongst other reasons, also because considerable extra administrative expenditure arises for the fulfilment of other rental agreements for which the vehicle was intended on timely return.
[7.] The lessee is not strictly obligated to clean the vehicle prior to return; in the event of considerable soiling exceeding normal use, however, the lessor shall be entitled to bill additional cleaning costs in accordance with item VI. of this agreement.
IX. Damage compensation:
[1.] According to these general terms & conditions of business, the risk for the vehicle is borne to the full extent by the lessee. The rental object is, however, insured for third-party liability at least at the rate of the legally established coverage; any damages going beyond this shall be charged to the lessee (the valid third-party liability insurance including the current amount of the coverage are available for consultation at the rental stations). Damage that is not covered by the third-party liability insurance, such as theft, loss and other damages to the vehicle, unless a reduction of liability has been amicably agreed in the rental agreements, shall likewise be charged to the lessee.
[2.] The lessee is obligated to report any damage immediately to the nearest police station and to send the report to the lessor. An European accident report, with provision of the facts of the incident including any accident witnesses, the other party involved in the accident, his third-party liability insurance, etc., must be submitted at a rental station, signed by the driver, upon return of the vehicle at the latest. In the event of omission of this duty the lessee shall be liable to the lessor for all losses accruing as a result.
[3.] In the event of damages (particularly also in the cases under item X. [2.]) the lessee shall be liable for all damages accruing to the lessor, that is to say, in particular for repair, towing and impoundage costs, costs of recovering the vehicle in the event of write-off, reduction in value, etc., as well as for all other auxiliary costs (for example, costs for recording a damage incident, monetary fines and third-party claims that the lessor is required to refund (and also for refund of lost profit – for example, lost rental income).
X. Reduction of liability:
1.] Upon conclusion of the rental agreement, the lessee has the option to agree a reduction of liability; if such a reduction of liability has been agreed, any damages to the vehicle (unless otherwise agreed hereinafter) shall be charged to the lessor up to the agreed damage deductible.
In any event the deductible shall be borne by the lessee.
[2.] In spite of an agreed reduction of liability, the lessee shall not be able to plead this reduction if the following forms of damage have arisen:
[2.1.] Damages which have arisen within the context of journeys outside Austria that had not been approved by the lessor;
[2.2.] Damages resulting from the loss or theft of the vehicle within the context of journeys outside Austria that had not been approved by the lessor;
[2.3.] Damages resulting from road traffic accidents, if the lessee (i) commits a hit-and-run offence or (ii) in the event of road accidents which have arisen when the driver was in a condition impaired by alcohol, medications or drugs or (iii) when another condition impaired the driver’s capability to react (for example, tiredness, sickness etc.);
[2.4.] Damages resulting from loading of the vehicle, for example due to cargo or overloading, as well as damages to the interior fittings of the vehicle, damages arising as a result of insufficiently secured load or through the inappropriate attachment of accessories / unsuitable accessories;
[2.5.] Damage and causally associated resultant damage to trucks rigging (tarpaulin, tarpaulin bows, van body, lift gate, refrigerating system) and cabriolet roof;
[2.6.] Damages including resultant damages to tyres and rims, as well as to the vehicle undercarriage;
[2.7.] Damages due to theft, if the lessee is unable to return the vehicle keys;
[2.8.] Damages resulting from breaches of item 2 (use of the vehicle), 4 (vehicle transfer ), 7 (vehicle return) or 9 (behaviour in the event of road accidents);
[2.9.] Damages arising as a result of non-observance of maximum headroom, for example in underpasses, garages etc.;
[2.10.] Damages of any other nature arising as a result of intent or gross negligence.
[3.] The period for a legal assertion of damages is extended to three years from the date when the damage was first noticed by the lessor.
XI. Liability for administrative violations:
[1.] The lessee shall be liable for breaches of statutory and public authority regulations in Austria and abroad (for example, road traffic regulations, customs regulations). In the event of a transfer of the vehicle, the lessee shall be as liable in this respect for the behaviour of the third parties as he is responsible for his own behaviour.
[2.] The lessee acknowledges that the lessor, in the event of enquiries from the public authorities, particularly in the case of official driver information, will name the lessee as driver at the address indicated to the lessor in the rental agreement; the lessee shall inform the lessor of changes to the address immediately, even after mutual fulfilment of the rental agreement. In the event of enquiries by public authorities in connection with administrative violations and similar, the lessor shall be entitled to bill to the lessee the processing fees indicated in item VI.
XII. Behaviour in the event of road accidents:
[1.] In the event of involvement in a road traffic accident the lessee must undertake everything that is useful for clarifying the facts of the case. The lessee must record in writing names and addresses of those involved in the accident and of witnesses, inform the lessor as soon as possible via telephone, fax, or e-mail, and obtain the lessor’s instructions. Furthermore, in the event of accidents, but also in the event of damages to the vehicle through third-party culpability, loss of or theft of the vehicle, of the vehicle papers or keys, the lessee must in each case inform the nearest police station immediately, make a report; a copy of the report is to be delivered to the lessor.
[2.] The lessee is not entitled to acknowledge or to satisfy a third-party claim in whole or in part. A full damage notification in the form of a European accident report, signed by the driver, with provision of the facts of the matter including any accident witnesses, the other party involved in the accident, the latter’s third-party liability insurance, etc. must be submitted at a rental station upon return of the vehicle at the latest.
[3.] If only one of the items mentioned above is not complied with, a significant breach of agreement is at hand and the liability limitations therefore also become invalid (see item X.). Non-compliance with these items can also lead to the introduction of exemption from performance. If exemption from performance is introduced, the lessee shall be obligated to reimburse the lessor for all damages arising.
XIII. Exclusion of lessor’s liability:
Liability of the lessor for damages by the lessee is excluded, unless the lessor can be charged with intent or gross negligence. Moreover, in terms of amount the lessor’s liability is limited to the rental payment. The lessor is also not liable, in particular, for loss of or damage to objects brought into or left behind in the vehicle. The lessee declares to indemnify the lessor and hold it harmless from all claims of third parties asserted in connection with the vehicle’s use.
XIV. Repair work:
The lessee is not entitled to represent the lessor in legal transactions; accordingly, the lessee is also not permitted to order on his own authority, that is to say without obtaining the prior express consent of the lessor, repair work on the vehicle. Only when consultation with the lessor, for reasons that fall under the lessor’s responsibility, is not possible and there is imminent danger or the preconditions for a necessary transaction without an order are otherwise in place, shall the lessee be entitled to have repair work carried out at an authorized contractual repair shop for the respective vehicle make.
XV. Consent to data processing:
The lessee grants herewith his expressly revocable consent that the lessor may process and store with computer assistance all data, of whatever nature, provided to the lessor within the context of this agreement closure; moreover, the lessor is entitled to forward the data to associated companies, advertising agencies and market research institutes. The lessee is entitled to withdraw the consent at any time.
XVI. Written form:
Changes and supplements to this agreement require, for their legal effectiveness, the written form. The lessee acknowledges that the lessor’s staff shall not be authorized to conclude oral ancillary agreements to this agreement.
XVII. Place of jurisdiction and applicable law:
For all legal disputes arising from this agreement the parties to the agreement agree on the applicability of Austrian law as well as on the responsibility of the materially competent court in the federal capital of Vienna.
Home