Rental Terms Avis Budget Germany

(as of July 2013 / No. 20)
1. Definition
The term Avis Budget Germany in these Rental Terms
shall identify the actual rental
company of the motor vehicle ("Vehicle") as indicat
ed beneath the heading “Avis
Budget Germany Contact Details” on page 1 of the Ca
r Rental Contract ("Rental
Contract") (for licensees of Avis Budget Germany di
ffering from section 16
“Headquarter” of the Rental Terms). The term renter
and driver shall also include
female renters and/or drivers.
2. Check-out of Vehicle
Renter/driver shall report any possible defects to
the rental station immediately after
taking possession of the vehicle.
3. Authorized Drivers
In addition to the renter, the vehicle may also be
driven with renter's consent by the
members of his/her family, by authorized staff for
rentals of businesses, or by other
drivers registered duly with their full name on pag
e 1 of the Rental Contract. Upon Avis
Budget Germany’s request renter is obliged to discl
ose the name and address of any
person who has been driving the vehicle during the
rental period. Whenever the vehicle
is to be driven by one or several additional driver
s, Avis Budget Germany will charge
an administrative fee per driver as set out in the
Important Customer Information
supplement

Each driver of the vehicle must hold a valid driver
's license as required and has to
comply with the Avis Budget Germany minimum require
ments for his/her age and
length of possession of driver's license. For detai
ls, see the
Important Customer
Information supplement
.
4. Use of Vehicle
The vehicle may only be used in normal road traffic
. Not permitted are cross-country
driving, driving-school exercises, use in connectio
n with motoring events or the use on
racing tracks even if open to the general public fo
r testing and practising (so-called
tourist drives). Neither permitted are subletting t
he vehicle, permitting the use to third
parties except to the authorized drivers pursuant t
o section 3, nor any other use for
purposes other than intended normally. It is prohib
ited to transport dangerous
substances with the vehicle as set forth in the Ord
inance Regulating the Transport of
Dangerous Freight on Public Roads and by Rail in Ge
rmany (GGVSE).
Renter/driver must comply with the operating instru
ctions – in particular with regard to
the fuel specified – as well as the legal provision
s applicable to the operation of the
vehicle. This shall also apply to vans/trucks, inte
r alia to the transport and
accompanying documents, the personal control book,
and the tachograph.
Renter shall bear all costs in connection with any
fees charged for the use of certain
traffic routes and has an obligation to cooperate i
n connection with the charge of any
fees (e.g. truck toll system).
5. Parking of Vehicle
As long as the vehicle is not in operation it must
be kept locked in all parts; the
steering-wheel lock must be clicked in. When leavin
g the vehicle, renter/driver is
obliged to take the vehicle keys and documents with
him/her and keep them in a place
inaccessible to unauthorized persons and to close t
he roof of convertibles.
6. No Entry Clause
Renter/driver is prohibited to take the vehicle int
o those countries, into which
travel is generally not allowed by Avis Budget Germ
any or which have been
declared closed by Avis Budget Germany for certain
vehicle brands or types. The
binding details are specified in page 2 of the Rent
al Contract. Exceptions shall
only be valid if made in writing.
7. Return of Vehicle / EZ Fuel Fee
Renter shall return the vehicle together with all a
ccessories and, unless agreed
otherwise, duly refuelled to the agreed location by
the agreed time at the latest.
Where
the vehicle has been driven less than 120 km, Avis
Budget Germany charges an
EZ Fuel Fee as set out in the
Important Customer Information supplement
in
compensation of the fuel consumed. EZ Fuel Fee will
not apply if the
renter/driver proves that the vehicle has been duly
refuelled by presenting the
refuelling receipt.
In case of good cause, Avis Budget Germany is autho
rized to
demand an earlier return of the vehicle at a given
time or immediately if its terminates
the Rental Contract without notice. In case renter/
driver ignores such demand, Avis
Budget Germany reserves the right to report this of
fense to the Police and have them
confiscate the vehicle.
If - in case the renter/driver has returned the veh
icle keys or documents to Avis Budget
Germany, the vehicle is returned after opening hour
s or to another place than an Avis
Budget Germany station or otherwise delayed, the Re
ntal Contract shall be extended until
the station is opened or until Avis Budget Germany
has regained immediate possession of
the vehicle. This clause shall also apply in case o
f a damage of the vehicle. As set out in
the
Important Customer Information supplement
,
certain types of vehicles are to be
returned only during the opening hours of the renta
l station to Avis Budget Germany staff
directly.
8. Renter's/Driver's Obligations in the Event of Da
mage or Breakdown
In the event of damage, renter/driver is obliged –
after securing the location and
rendering first aid – to take all actions necessary
to avoid additional damage and to
preserve evidence, in particular to ensure that
a) the Police are summoned immediately, also in the
event of accidents where no third
party is involved.
b) for the information of Avis Budget Germany the n
ames and addresses of all persons
involved in the accident and any witnesses as well
as the licence plate numbers of
all vehicles involved are recorded and a sketch is
drawn,
c) renter/driver does not acknowledge any assumptio
n of liability, and
d) adequate safety precautions for the vehicle are
taken.
Renter/driver must not leave the scene of the accid
ent unless having fulfilled his/her
duty to clear up the event and to identify the nece
ssary details.
In case of theft of the vehicle, of vehicle parts,
or accessories, renter/driver must
immediately file a report with the competent police
station. He/she must name any
witnesses, if there are any, for the parking locati
on and draw up a respective sketch.
Renter/driver is obliged to report each case of dam
age immediately and in person to
the next accessible Avis Budget Germany station, fi
lling in the Avis Budget Germany
damage form completely and truthfully. Police certi
fications must be enclosed. In case
of vehicle theft, renter/driver has to deliver the
vehicle keys and documents to that Avis
Budget Germany station. Renter/driver agrees to sup
port Avis Budget Germany and its
insurer also in the future processing of the damage
event and to give any information
which is necessary for clarifying the damage event
and ascertaining the liability
situation between Avis Budget Germany and renter/dr
iver.
In the event the safe operation of the vehicle is n
ot ensured any more or its use is
impeded after a breakdown, renter/driver has to tak
e the proper safety precautions and
has to agree on further actions with the next Avis
Budget Germany station and has to
protect Avis Budget Germany' interests at the best
possible rate also outside the
opening hours of such station.
9. Renter's Liability
During the rental period, renter shall be liable fo
r all damages arising to the rented vehicle
or caused by its operation or for the loss of the v
ehicle (including vehicle parts and
accessories). The renter shall not be liable if he
is not responsible for the breach of duty
causing such damage or loss. The renter's obligatio
n to pay damages shall include the repair
costs plus any depreciation or, in case of a total
loss of the vehicle, the replacement value of the
vehicle less the residual value.
In addition, to the extent incurred, renter shall a
lso be liable for towing costs, expert's fees, and
any other costs and loss of rental fees incurred by
Avis Budget Germany.
When leaving the vehicle to third persons, includin
g the additional drivers set out in section 3,
renter shall be liable for the compliance with the
terms and conditions of this Rental Contract
and for the third persons' conduct, as for his/her
own conduct.
Renter shall be responsible for the consequences of
any traffic violations or criminal offences
ascertained in connection with the use of the vehic
le and shall be liable towards Avis Budget
Germany for all fees and costs incurred to Avis Bud
get Germany pursuant to the
Important
Customer Information supplement
. In such case Avis Budget Germany is obliged to
disclose the renter's/driver's details to the autho
rities.
10. Limitation of Liability
Except as provided in section 11, renter can opt to
reduce his/her liability pursuant to section 9
(except 3rd paragraph) to a certain deductible per
damage event by concluding either the option
"Reduction of Liability for all damages including v
ehicle theft" or the option "Reduction of Liability
only in case of vehicle theft" upon conclusion of t
he Rental Contract against payment of the
respective surcharge fee.
The surcharge fee and any special provisions can be
taken from the
Important Customer
Information supplement
.
The liability of the driver/renter for traffic viol
ations and criminal offenses cannot be excluded.
11. Validity/Lapse of Reduction of Liability
The reduction of liability under section 10 does no
t apply to any losses deliberately
caused by the renter/driver. In the event of losses
caused by gross negligence, Avis
Budget Germany is entitled to claim damages against
the renter/driver in an amount
commensurate to the severity of the negligence, up
to and including the full amount of
the loss.
The reduction in liability does not apply if the re
nter/driver deliberately violates a
contractual obligation under sections 2 – 8 of thes
e terms and conditions. In the event of
a grossly negligent violation of an obligation, Avi
s Budget Germany is entitled to claim
damages against the renter/driver in an amount comm
ensurate to the extent of the
negligence, up to and including the full amount of
the loss. The burden of proving that
gross negligence has not occurred lies with the ren
ter/driver. The reduction of liability
shall not lapse if the violation of an obligation i
s not the cause for the occurrence of a
loss or for the determination of the existence of p
rerequisites for granting a reduction of
liability.
12. Insurance Coverage
Rental rates include a motor vehicle liability insu
rance with the minimum scope – as is legally
required or customary in the vehicle's country of r
egistration or the rental country. This insurance
does not cover any property in or on the vehicle.
On renter's request Avis Budget Germany will arrang
e for an extended personal accident
insurance according to the leaflet "Avis Budget Ger
many insurance protection (Super PAI/PAI)"
with either simple coverage or increased coverage.
Renter's choice will be documented by
entering the respective fee in the line "Personal A
ccident Insurance" on page 2 of the Rental
Contract.
The insurance sums, premiums, other conditions, and
the insurance company are indicated in
the leaflet mentioned above and in the
Important Customer Information supplement
.
13. Renter's Payment Obligation
After return of the vehicle, renter is obliged to p
ay to Avis Budget Germany the total amount
resulting from the particulars shown on page 2 of t
he Rental Contract. This includes settlement
of any fuel shortage upon return of the vehicle plu
s the costs for the fuelling service.
In case the vehicle is returned delayed pursuant to
section 7, 2
nd
paragraph, renter shall
additionally pay the provided rate for each additio
nal beginning day of transgression; in the event
a special rate limited in time has originally been
agreed, the entire rental shall be subject to the
standard rate applicable at check-out as of the com
mencement of the rental.
If the charges under this Rental Contract are paid
by credit card, the card holder's
signature shall be regarded as authorization to deb
it the total amount to his/her account
with the credit card company. This authorization sh
all also be valid for subsequent debits
due to rental rate corrections, damage events and t
raffic violations on the basis of the
Rentral Contract.
14. Liability of Avis Budget Germany
Avis Budget Germany endeavors to guarantee the prop
er condition of the vehicle and to execute
reservations and deliveries as agreed. In case of t
he non-availability of a vehicle with no
replacement possible within 60 minutes or if an agr
eed delivery is delayed for such time, renter
is entitled to rescind the contract. Events which a
re unforeseeable, unavoidable and lie beyond
the sphere of influence of Avis Budget Germany and
for which Avis Budget Germany does not
bear responsibility, such as Acts of God, war, terr
orist acts and natural disasters, shall release
Avis Budget Germany for the duration of such event
from its obligation to perform timely.If
property belonging to renter/driver or his passenge
rs has been damaged or lost in or on the
vehicle or in the Avis Budget Germany station befor
e, during or after the rental, Avis Budget
Germany shall be liable only in case of fault.
Subject to the following provisions Avis Budget Ger
many's statutory liability for damages shall be
limited as follows: (i) Avis Budget Germany shall o
nly be liable up to the amount of the typically
foreseeable damages at the time of entering into th
e contract for damages caused by a slightly
negligent breach of a material contractual obligati
on; (ii) Avis Budget Germany shall not be liable
for damages caused by a slightly negligent breach o
f a non-material contractual obligation. The
aforesaid limitation of liability shall not apply t
o any mandatory statutory liability, liability for
assuming a specific guarantee or liability for culp
ably caused personal injuries.
15. Data Protection
Renter agrees that his/her personal data will be st
ored and transmitted by Avis Budget
Germany and to other also foreign companies within
the Avis Budget Group according to
the German Data Protection Act and to the extent ne
cessary for processing the
transaction. Renter further agrees that his/her per
sonal data will be stored and
transmitted also abroad for the purpose of sending
out information on the services of
companies within the Avis Budget Group.
16. Applicable Law/Venue/Head Office/General Manage
r
German law shall be applicable. If renter is a merc
hant or has no legal domicile in Germany, the
courts competent for the domicile of Avis Budget Ge
rmany shall have jurisdiction for all disputes
resulting from this Rental Contract. However, Avis
Budget Germany shall be entitled to take
legal action also before any other competent court.
Head Office:
Avis Budget Autovermietung GmbH & Co. KG
Zimmersmühlenweg 21
D-61440 Oberursel
Telephone (06171) 68-0
Telefax (06171) 68-1001
Internet:
www.avis.de
www.budget.de
Amtsgericht (Local Court) Bad Homburg v.d.H., HRA
3033
General Partner:
Avis Budget Autovermietung Verwaltungsgesellschaft
mbH, Oberursel
Amtsgericht (Local Court) Bad Homburg v.d.H., HRB
4791
General Manager:
Martin Gruber