1. In the rental agreement, the damages known at the time of handover of the vehicle are recorded. The renter shall carefully inspect the vehicle for any further damage before commencing the journey and report any such damage to A.G.W. Rental Deutschland GmbH without undue delay.
2. The user undertakes to treat the rented motor vehicle (hereinafter referred to as the “Vehicle / Trailer”) with care and in a professional manner, to observe and comply with all regulations and technical rules relevant to its use, to verify that the Vehicle / Trailer is in a roadworthy condition, and to lock the Vehicle / Trailer properly. The user shall endeavor to adopt an energy-saving, material-conserving, and environmentally friendly driving style.
3. Smoking is prohibited in the Vehicle / Trailer. Excessive soiling inside and outside the Vehicle / Trailer must be avoided.
4. If a repair of the odometer or any repair required to maintain the operation or roadworthiness of the Vehicle / Trailer, or a prescribed inspection, becomes necessary during the usage period, the user must inform us immediately and all measures and costs must be coordinated with us.
5. The Vehicle / Trailer is handed over to the user with a full fuel tank. In return, the user must return the Vehicle / Trailer with a full fuel tank at the end of the usage relationship. If the Vehicle / Trailer is not returned fully fueled, the contracting party shall charge the user for the missing fuel per liter in accordance with the receipt, unless the user proves that no costs or lower costs were incurred for refueling.
6. Insofar as commercial vehicles are equipped with an AdBlue® tank, the commercial vehicle is handed over to the renter with a full AdBlue® tank. For rental agreements with a duration of more than 27 days, the renter must return the vehicle at the end of the rental relationship with a fully filled AdBlue® tank. If the vehicle is not returned with a fully fueled AdBlue® tank, A.G.W. Rental Deutschland GmbH shall charge the renter the costs of refueling plus a service fee in accordance with the price list valid at the time of rental. For rental agreements with a duration of less than 28 days, A.G.W. Rental Deutschland GmbH shall handle the refueling with AdBlue® against a flat fee, which shall be charged to the renter on the basis of the kilometers driven.
7. When renting vehicles with an AdBlue® tank, the renter must ensure that the AdBlue® tank is always sufficiently filled. The renter and its vicarious agents shall be liable without limitation for any breaches of the foregoing obligation committed during the rental period; the renter shall indemnify A.G.W. Rental Deutschland GmbH against all claims asserted by authorities or other third parties against A.G.W. Rental Deutschland GmbH due to the failure to refuel the AdBlue® tank, in particular fines and warning fees.
8. In the case of longer-term use, the user shall bear the costs incurred for the procurement of refill fluids (in particular engine oil, windscreen cleaner, and windscreen antifreeze) if refilling of fluids becomes necessary during the usage period.
9. The maximum rental period per booking is 360 days, unless otherwise agreed in the rental agreement. Cancellations or rebookings must be confirmed by us. A refund of payments already made or of any difference amount requires our consent.
10. Trips abroad require separate approval by us. In the event of approval, additional costs may be incurred, which the user shall bear.
11. With each booking, the user confirms that, at the time of handover of the Vehicle / Trailer, he or she holds a valid driving license required to operate the Vehicle / Trailer, which is valid in Germany/abroad for the entire usage period. Any subsequent changes must be reported to us without undue delay. The original driving license must be presented when collecting the Vehicle / Trailer.
12. The Vehicle may only be driven by the user. If the Vehicle is to be driven by persons other than the aforementioned person, separate approval by us is required. In the event of our approval, the user shall be liable for the actions of the approved driver as if they were his or her own. All rights and obligations arising from this agreement shall apply for the benefit of and to the detriment of the approved driver.
13. The Vehicle / Trailer may only be used for normal use in public road traffic. It may not be used, inter alia, for motorsport purposes, test purposes or driving safety training, on racetracks, for commercial passenger transport, or for subletting (subletting is possible after consultation with A.G.W. Rental Deutschland GmbH).
14. The renter is obliged to secure the cargo properly.
15. The Vehicle must be returned to the agreed location. If the Vehicle / Trailer is not returned to the agreed location where it was collected, the user shall be obliged to reimburse us for the return transport costs incurred.
16. If we provide the user with access data, user names, or passwords, these must be protected from access by unauthorized persons and treated as strictly confidential. If the user becomes aware that the information has been obtained by unauthorized persons, he or she must inform us immediately.

II. Costs for the Use of the Vehicle / Trailer

1. 1. The costs shall be determined in accordance with the respective agreements.
   2. The energy (fuel) of the Vehicle / Trailer shall be at the expense of the user.
   3. The costs for the provision, including value-added tax at the applicable statutory rate, shall generally be paid in full for the agreed usage period, i.e., no refunds shall be made in the event of late collection or early return of the Vehicle / Trailer.
   4. The costs for the rental are due at the beginning of the rental period.
   5. The user may pay the costs incurred as follows: by SEPA direct debit, by bank transfer, or in cash.
   6. The user agrees that invoices will generally be sent by us in electronic form. The user consents to no longer receiving paper invoices and that the contracting party will send an electronic invoice compliant with statutory requirements to the stored e-mail address. The user may object to the sending of invoices in electronic form at any time. In this case, the contracting party shall provide the invoices in paper form to the user. In this case, the user shall bear the additional costs for sending the invoice in paper form and the postage.

The renter is responsible for ensuring that electronic invoices can be delivered to him or her or, if agreed, collected by him or her in electronic form. Disruptions to the receiving devices or other circumstances that prevent access shall be the responsibility of the renter. An invoice shall be deemed to have been received as soon as it has reached the renter’s sphere of control. If A.G.W. Rental Deutschland GmbH only sends a notification and the renter can retrieve the invoice himself or herself or if A.G.W. Rental Deutschland GmbH makes the invoice available for retrieval, the invoice shall be deemed received when it has been retrieved by the renter. The renter is obliged to retrieve the provided invoices at reasonable intervals.

If an invoice is not delivered or cannot be received, the renter shall inform the lessor immediately. In this case, A.G.W. Rental Deutschland GmbH shall send a copy of the invoice again and mark it as a copy. If the disruption in the possibility of sending is not remedied promptly, A.G.W. Rental Deutschland GmbH shall be entitled to send invoices in paper form until the disruption is remedied. The renter shall bear the costs of sending paper invoices.

1. If the renter is in default with the payment of the rent, A.G.W. Rental Deutschland GmbH shall be entitled to terminate the rental agreement without prior notice. If the agreed rental period exceeds 27 days and the renter is in default with the payment of the rent for the relevant period in full or to a not insignificant extent, A.G.W. Rental Deutschland GmbH shall also be entitled to terminate the rental agreement without prior notice due to default in payment.
2. The user is obliged to provide a security deposit in addition to the costs at the beginning of the usage period as security for the fulfillment of his or her obligations.
3. When using toll roads, the renter is responsible for the timely and complete payment of the applicable toll charges. The renter shall indemnify A.G.W. Rental Deutschland GmbH against all toll charges caused by him or her or by third parties to whom he or she makes the vehicle available.
4. A.G.W. Rental Deutschland GmbH shall provide the renter with an On-Board Unit (OBU) for vehicles with a permissible total weight of at least 7.5 t to participate in the automatic collection of toll charges in accordance with the Federal Trunk Road Toll Act. However, this does not apply to vehicle combinations of at least 7.5 t in which the tractor unit alone has a permissible total weight of less than 7.5 t. In this case, the renter is obliged to pay the toll charge manually (online or at a terminal). The renter is obliged to handle the OBU with care in accordance with the manufacturer’s instructions and to protect the OBU from unlawful access by third parties and manipulation. The renter is solely responsible for the correct setting of the OBU, in particular the number of axles and the emission class. The renter shall bear all costs arising from incorrect settings of the OBU. Any damage to or malfunction of the OBU must be reported to A.G.W. Rental Deutschland GmbH without undue delay. In such cases, the renter must log into the toll system manually (online or at a terminal) or (if necessary) immediately leave the toll road network. A.G.W. Rental Deutschland GmbH shall settle the toll charges incurred for the respective rental period with the operator of the toll system, Toll Collect GmbH, or via its service provider. A.G.W. Rental Deutschland GmbH shall provide the renter with a statement of the toll-liable individual journeys together with the rental invoice.
5. For trucks with a permissible total weight of 7.5 t to 11.99 t, A.G.W. Rental Deutschland GmbH does not pay an increased motor vehicle tax due to a trailer surcharge. If a rented truck is operated with a trailer, the renter must therefore ensure that the motor vehicle tax for the trailer (trailer surcharge) is paid in a timely and complete manner. The renter shall indemnify A.G.W. Rental Deutschland GmbH against all claims, taxes (including interest, late-payment surcharges, and other ancillary claims), costs, fines, and warning fees asserted by authorities against A.G.W. Rental Deutschland GmbH due to a breach of the foregoing obligation.
6. These provisions shall also apply to the authorized driver in addition to the renter, whereby the contractual indemnity shall not apply in favor of unauthorized users of the rented item.
7. The provisions of the German Insurance Contract Act (VVG) and the provisions of the General Conditions for Motor Vehicle Insurance (AKB) shall apply in addition to the provisions of these General Terms and Conditions.

III. Insurance Conditions for the Use of the Vehicle / Trailer

1. Unless otherwise agreed, the following shall be deemed agreed:
   The insurance cover for the rented Vehicle / Trailer shall include third-party liability insurance with a maximum sum insured of EUR 100 million for personal injury and property damage. The maximum sum insured per injured person is EUR 15 million and is limited to Europe. The user is free to select and book the available options regarding partial and/or comprehensive insurance and/or additionally offered protection packages against costs.

IV. Conduct in the Event of an Accident / Damage during the Use of the Vehicle / Trailer

1. The user is not entitled to acknowledge or satisfy claims of third parties in whole or in part without our prior consent.
2. The user is obliged to take measures to avert and mitigate the damage insofar as possible in the event of a loss occurrence. In doing so, he or she must follow our instructions insofar as reasonable and assist in determining and settling the damage.
3. We are authorized to fulfill or defend damage claims asserted against the user in his or her name and to make all declarations that appear appropriate for this purpose within the scope of due discretion. If claims are asserted against the user out of court or in court, the user is obliged to notify us immediately after the claim is asserted. In the case of claims asserted in court, we shall be responsible for conducting the legal proceedings. We are entitled to engage a lawyer in the name of the user, to whom the user must grant power of attorney and provide all necessary information and requested documents.
4. Following an accident, theft, fire, wildlife collision, or any other damage, the user must notify and involve the police without undue delay. This also applies if the Vehicle / Trailer has suffered only minor damage and in the case of self-inflicted accidents without the involvement of third parties. In the event of any damage to the Vehicle / Trailer during the usage period, the user is obliged to inform us immediately in writing of all details of the incident that led to the damage to the Vehicle / Trailer. This also applies in the event of theft of the Vehicle / Trailer or parts thereof. For this purpose, the user should carefully and truthfully complete the accident report form included in the Vehicle documents in all respects. The user must take all measures that are useful and conducive to clarifying the loss occurrence.

V. Liability of the User

1. In the event of damage, loss, and other breaches of contract, the user shall generally be liable in accordance with the general rules of liability.
2. The user is free to exclude liability for accidents (contractual indemnity) or for individual other damage (protection packages) for damage, loss, and fire by paying a special and/or additional fee. Such contractual indemnity corresponds to the concept of comprehensive insurance. In this case, the user and the drivers included in the scope of the contractual liability exemption shall be liable for each individual loss occurrence up to the amount of the agreed deductible; there is no entitlement to contractual indemnity or a booked protection package if the damage was caused intentionally. If the damage was caused by gross negligence, we shall be entitled to reduce the user’s obligation to provide indemnity, including under a booked protection package, in proportion to the degree of fault. Furthermore, there shall be no entitlement to contractual indemnity or under a booked protection package if an obligation to be fulfilled by the user was breached intentionally. In the event of a grossly negligent breach of an obligation to be fulfilled by the user, we shall be entitled to reduce the indemnity obligation, including under a booked protection package, in proportion to the degree of fault; the burden of proof that gross negligence did not occur shall lie with the user.
3. The deductible per claim to be borne by the user shall be determined in accordance with the amount agreed at the time of booking.
4. The user shall be liable without limitation for all breaches of traffic and regulatory provisions and other statutory provisions as well as for all disturbances of possession caused by him or her or by third parties to whom the user makes the Vehicle / Trailer available. The user shall indemnify us against all fines, warning fees, charges, and other costs imposed on us by authorities or other bodies in connection with such breaches. As compensation for the administrative effort incurred by us in processing inquiries from prosecuting authorities or other third parties regarding administrative offenses, criminal offenses, or disturbances committed during the rental period, we shall receive from the user a flat-rate processing fee of EUR 25 (plus VAT) for each such inquiry, unless the user proves that we incurred a lower effort and/or damage. We shall be entitled to claim further damage.
5. The foregoing provisions shall also apply to the approved driver in addition to the user, whereby the contractual indemnity shall not apply in favor of non-approved users.
6. The provisions of the German Insurance Contract Act (VVG) and the provisions of the General Conditions for Motor Vehicle Insurance (AKB 95) shall apply in addition to the provisions of these General Terms and Conditions.
7. Multiple users shall be jointly and severally liable for claims arising from or in connection with this agreement.

VI. Liability of the Contracting Party and Right of Termination of the Contracting Party

1. We shall only be liable in cases of intent or gross negligence on our part, on the part of a representative, or on the part of a vicarious agent in accordance with the statutory provisions. In all other cases, we shall only be liable for injury to life, body, or health or for the culpable breach of material contractual obligations. The claim for damages due to the breach of material contractual obligations shall be limited to the typical, foreseeable damage under the contract.
2. We may terminate a concluded agreement extraordinarily and without notice for good cause. Good cause shall include, in particular but not exclusively, a significant deterioration in the user’s financial circumstances, enforcement measures directed against the user, lack of care of the Vehicle / Trailer, improper and unlawful use of the Vehicle / Trailer, or disregard of material provisions in public road traffic. If we terminate an agreement, the user shall be obliged to return the Vehicle / Trailer with all accessories and all Vehicle keys and Trailer keys to us without undue delay.
3. All claims arising from this agreement may be freely assigned by the lessor without notification to the renter. The lessor shall be entitled to transfer the rights and claims to which it is entitled, in particular for refinancing purposes, to third parties and, in doing so, also to carry out a sale of receivables.

VII. Compensation & Fee

1. In the event of early termination of the agreement by way of a hire-purchase, an early repayment compensation shall be charged.
2. The flat-rate fee for calculating the early repayment compensation in the case of a hire-purchase agreement amounts to EUR 250.00.

VIII. Return of the Vehicle / Trailer

1. The agreement shall end upon expiry of the agreed usage period. If the user continues to use the Vehicle / Trailer after expiry of the agreed usage period, the usage relationship shall not be deemed extended. Section 545 of the German Civil Code (BGB) shall not apply.
2. The user is obliged to return the Vehicle / Trailer at the end of the usage period in the contractually agreed condition at the agreed location and at the agreed return time and fully fueled. If the vehicle is not returned to the same rental station at which it was rented, the renter shall be obliged to reimburse A.G.W. Rental Deutschland GmbH for the return transport costs or to pay a one-way fee, unless another written agreement has been made.
3. For deliveries and collections, the agreed delivery or collection fees plus the costs for refueling and fuel in accordance with the prices valid at the time of rental shall be charged.
4. In the event of excessive soiling of the Vehicle / Trailer that requires special cleaning of the Vehicle / Trailer, or if the Vehicle / Trailer is returned with an odor impairment, the user shall pay us compensation. Special cleaning costs shall be charged on the basis of actual expense, but at least with a special cleaning flat rate of EUR 100, unless the user proves that we incurred a lower damage; we shall remain entitled to claim further damage.
5. If the user does not return the Vehicle / Trailer to us at the end of the agreed rental period, we shall be entitled to demand a usage compensation fee of at least the amount of the previously agreed costs for the period of withholding. Previous special conditions for the use of the Vehicle / Trailer shall not apply in such a case.
6. The user is obliged to return the Vehicle / Trailer if the permissible mileage specified in the agreement is reached, even before the end of the agreed usage period. In the event that the user exceeds the agreed mileage and/or returns the Vehicle / Trailer after the date specified in the agreement, he or she shall be obliged to pay a contractual penalty of EUR 500; this shall not apply insofar as the user proves that no damage or only a lower damage was incurred by us.

IX. Other General Conditions

1. Unless otherwise agreed, the place of performance shall be exclusively our registered office.
2. If the user is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all obligations arising from and in connection with the contractual relationship shall be our registered office or, at our option, also the user’s registered office.
3. For all rights and obligations arising from and in connection with the contractual relationship, exclusively the law of the Federal Republic of Germany shall apply, without regard to conflict-of-law rules, excluding the UN Convention on Contracts for the International Sale of Goods (CISG: United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980).
4. Should any provision of these General Terms and Conditions or any provision in the context of other agreements between us and the user be or become invalid, the validity of all other provisions or agreements shall remain unaffected.