General Terms and Conditions (GTC) for Contracts of Mini Tours (Roland Elvert)
General Conditions for Vehicle Hirers and Self-Drivers
Article 1 Scope and Terms and Conditions of Business
The following terms and conditions form the basis of all offers and services provided by the firm Roland Elvert. The provisions of the Civil Code shall apply to this contract, subject to the following provisions. Insofar as any of the provisions are invalid, this shall not affect the remaining provisions. The respective rental contract/order confirmation that is agreed shall apply to prices and deposits
Article 2 General Provisions
Insofar as the signatory of the rental contract/order does not designate him/herself as a representative of the hirer, he or she shall also be personally liable as a joint and several debtor in addition to the person, company or organization for which he or she has concluded the rental contract. In the case of disputes relating to the interpretation of the rental contract, the German text shall prevail and German law shall apply.
Article 3 Hire Charge
The prices, settlement conditions and methods of payment agreed in the rental contract/confirmation of order shall apply. In the case of non-compliance with the rental/contractual conditions, the hirer/customer shall bear any resulting costs of default and additional costs in full (e.g. loss of income, tank filling, amount of work involved etc.).
The price per kilometre is determined according to the odometer located within the rented vehicle after the return of the vehicle, or as specified in the order confirmation. A part of this is the handover report.
Article 4 Method of Payment
The price agreed upon conclusion of the contract and the payment plan agreed on this basis shall apply. The hire company may require a deposit in the amount of the expected final price, if agreed.
Insofar as an alternative method of payment is agreed in the rental contract/confirmation of order, this must be complied with without fail. Insofar as the hire charge/final price is credited, this shall be due 10 days after the expiry of the contractual relationship/order. Upon the occurrence of default, the hirer shall be liable for processing fees and default interest.
For each reminder, a fee of shall be charged.
If in the case of default on the part of the hirer/contractor, the services of a collection agency or legal adviser are used, the hirer/contractor shall bear the costs incurred as a result.
Article 5 Termination and Withdrawal by the Customer
Insofar as the contractual partner terminates the contract before the end of the journey or does not take possession of the vehicle, he or she shall not be exempted from the obligation to pay the remuneration, unless the termination results from circumstances for which Roland Elvert is responsible. In these cases, the customer shall pay the following all-inclusive amounts:
– In case of non-utilization up to 30 days prior to travel commencement: 10%
– In case of non-utilization up to 11 days prior to travel commencement: 25%
– In case of non-utilization from the 10th day prior to travel commencement: 50%
The compensation payment shall be correspondingly higher or lower if Roland Elvert can prove that its losses are higher or the customer can prove that they are lower.
Article 6 Treatment and Driving the Vehicle/Vehicle Condition
The hirer shall treat the vehicle with care, check the operating fluid levels and tyre pressure regularly and secure the vehicle properly against theft. The rules of the Highway Code must be complied with! It must be ensured that the toll payments in other European countries are correctly paid. The driver deployed by the hirer is fully responsible for all of the work performed by him/her in connection with his/her activities. For all procedures resulting from the actions of the hirer/driver, a fee of €20 for each procedure will be charged. The costs of oil, AdBlue and diesel shall be borne by the hirer, unless otherwise agreed.
Article 7 Repairs during the Rental Period
Repairs may only be commissioned with the consent or agreement of the hire company. The repair costs shall be payable by the hire company in return for presentation of the corresponding invoices, unless the hirer is liable for the damage. If the vehicle can no longer be driven, or if it is to be feared that further damage will occur to the vehicle if it is driven, Roland Elvert must be informed immediately in all cases, including Sundays and public holidays, by telephone on the number +49 172 418 7707. No emails or text messages will be considered as notification in this context.
Article 8 Prohibited Use
The hirer/contractor is prohibited from using the vehicle in the following situations:
1. participation in motor sport events and vehicle test,
2. for the transportation of readily flammable, toxic or otherwise hazardous substances,
3. for the payment of customs and otherwise criminal penalties, even if these criminal acts are only punishable according to the law at the location where the crime is committed,
4. in the case of rental to third parties without a contractual agreement,
5. for towing and pushing other vehicles
6. to driving lessons
7. for journeys abroad where this has not been agreed in writing with the hire company. Insofar as the hirer infringes this provision, he or she shall be required to pay the hire company a contractual penalty in the amount of €2,000.00. In addition, the fully comprehensive insurance cover in accordance with Article 12 below shall be invalidated,
8. for other forms of use which go beyond the contractually agreed use,
9. the removal/installation of interior elements/stereo systems/beds/seats etc.
The hire company may terminate the contract without notice if the hire company or a third party has to assume responsibility for the hirer who uses the hired vehicle in a manner which is significantly in breach of contract. The above shall also apply if the continuation of the contractual relationship is unreasonable. This is especially the case if during the rental period there are differences of opinion between the hirer and hire company on the cause of not insignificant damage to the hired vehicle. Insofar as the hirer exceeds the anticipated number of kilometres specified for the level of the deposit, he or she shall be obliged to inform the hire company of this immediately and increase the deposit accordingly. If the hirer fails to provide such notification or increase the deposit, the hire company shall have an immediate right of termination without notice. In all cases there shall be no requirement for a written warning to be submitted for such termination. The hirer or any third party for whom the hirer is responsible shall immediately return the vehicle upon request to the hire company.
Article 9 Authorised Drivers
Vehicles which are hired for the purposes of being driven by the hirer/contractor him/herself or the driver stated in the rental contract/confirmation of order, the professional drivers employed by the hirer/contractor on their behalf, as well as family members of the hirer/contractor, may only be driven by the above individuals provided that they are in possession of a valid driving licence (EU driving licence) to drive the corresponding type of vehicle. All drivers are vicarious agents of the hirer. Non-Europeans must comply with the law in force in their home country.
Article 10 Behaviour in the Case of Accidents
In the case of an accident, the hirer must inform the police if individuals have been injured or if the anticipated level of damage exceeds €150.00. Insofar as the hirer culpably fails to inform the hire company or the police, the hirer shall pay the hire company a contractual penalty in the amount of the level of the damage to be paid to the other party involved in the accident. Notification of the accident must be submitted during and outside normal business hours on the telephone number +49 172 418 7707. Claims by the other parties involved in the accident must not be recognised. Damage or loss resulting from fire, theft and wild animals must be notified immediately to Roland Elvert and the police authority responsible if the level of the damage exceeds €50.00.
Even in the case of minor damage, the hirer shall submit a detailed written report to Roland Elvert accompanied by a sketch. The accident report must in particular contain the names and addresses of the individuals involved and any witnesses, as well as the registration numbers of the vehicles involved.
Article 11 Vehicle Return
The hirer/customer is obliged to return the vehicle to Roland Elvert or their authorized representatives at the agreed location/time at the end of the rental period. Furthermore, the hirer/customer shall be liable without restriction for all consequential costs incurred as a result by Roland Elvert. The hirer/customer shall be entitled to prove that Roland Elvert incurred no losses or significantly higher losses.
Article 12 Insurance
The hirer shall be liable without restriction in all cases of:
a) loss or damage occurring as the result of intent or gross negligence
b) loss or damage occurring as the result of an inability to drive due to alcohol or drugs
c) loss or damage occurring as the result of use of the vehicle for prohibited purposes (Article 8)
d) leaving the scene of an accident pursuant to §142 of the German Penal Code on the part of the authorised driver
e) loss or damage caused by the load or incorrect loading.
The vehicle is covered by third-party liability insurance and fully comprehensive insurance. The excess to be paid by the hirer in the case of third-party insurance is €500.00, and €2,000.00 in the case of fully comprehensive insurance.
Article 13 Third-party Liability Insurance
The vehicle is covered by third party liability insurance in accordance with the applicable General Conditions for Motor Vehicle Insurance (AKB). The hirer shall be liable under the general liability rules if he or she damages or steals the vehicle, infringes the rental contract etc.
Article 14 Theft Insurance
The hired vehicle is insured against theft with an excess to be paid by the hirer of €2,000.00. The high excess results from the fact that in almost all cases of theft in the past it was possible to show that the hirer or vicarious agent consented to the act.
Article 15 Liability of the Hirer
In the case of accidents caused to the hired vehicle by the hirer, he or she shall be liable for the cost of repairs, albeit limited to the maximum amount stated in the rental contract/confirmation of order. However, the hirer shall be liable for accidental or other damage if he or she caused the damage by intent or negligence. The above shall also apply to damage caused by non-observance of symbol 256 – headroom clearance – according to § 41 paragraph 6 of the German Highway Code. Insofar as the hirer leaves the scene of the accident or infringes his or her obligation pursuant to these terms and conditions of business, he or she shall also be liable in full unless the infringement has had no effect on the determination of the claim. The hirer shall also be liable in full for damage caused as a result of the use of the vehicle by an unauthorised driver (Article 9).
The hirer’s liability shall also extend to payment of the ancillary costs of the damage, for example for an accident assessor, towing expenses, loss of value and loss of rent.
In the case of journeys beyond the borders of the European Union, the hirer/customer shall also be fully liable in the case of the loss of or damage to the hired vehicle.
Insofar as these terms and conditions of business are infringed, the hirer shall be liable in full for the loss or damage incurred. The above shall not apply if the hirer can show that there is no causal connection between the breach of contract and the loss or damage.
In all other respects the statutory liability shall apply. The handover report shall be authoritative for the determination of damage to the vehicle.
Article 16 General Conditions:
All subsidiary and alternative agreements must be made in writing to take effect. Insofar as individual provisions of these General Terms and Conditions or provision forming part of other agreements are or become invalid, this shall not affect the validity of all other provisions or agreements.
Article Data Protection Clause:
Personal data of the hirer may be electronically processed, stored, transmitted and used by the hire company. This applies with the exception of commercial purposes: – name, address, email address, fax and telephone number, mobile number, date of birth of the hirer, driving license details, customer number – outstanding claims of the hire company against the hirer – subjective value judgements, personal income status and financial circumstances shall not be stored. The data referred to above may be disclosed to the following persons or companies: – credit card institutes – law firms – debt collection companies – vehicle manufacturers – all cooperating companies. According to the Federal Data Protection Act, such data may only be disclosed insofar as this is necessary to safeguard the legitimate interests of the hire company, the individuals and companies referred to under 2 or the general public, and the legitimate interests of the hirer are not negatively affected. This applies in particular if – the information supplied upon hiring the vehicle is incorrect – the hired vehicle is not returned within 24 hours of any extended rental period – means of payment issued by the hirer such as cheques, bills of exchange, credit cards are not redeemed or are protested – hired vehicle invoices are not paid and/or – the hired vehicle is stolen or damaged.
Article 17 Governing Law:
The law of the Federal Republic of Germany shall apply. Place of Performance is Hamburg.