General terms and conditions of business
for the rental of motor vehicles and semi-trailers
by the company A.G.W. Rental Deutschland GmbH, Ochsenstall 9, 76689 Karlsdorf-Neuthard, Germany
As of: May 2023
1. The rental agreement includes any damage known when the vehicle was handed over. The renter will carefully check the vehicle for further damage before starting the journey and report this immediately to A.G.W. Report Rental Deutschland GmbH.
2. The user undertakes to treat the motor vehicle used (hereinafter referred to as “motor vehicle / semi-trailer”) carefully and professionally, to observe all regulations and technical rules relevant to its use and to check whether the vehicle / semi-trailer is in a roadworthy condition and to properly lock the vehicle/trailer. The user strives to drive in an energy-saving, material-friendly and environmentally friendly manner.
3. The user is forbidden to smoke in the vehicle/trailer. Excessive soiling inside and outside the vehicle/trailer must be avoided.
4. If a repair of the odometer or a repair to maintain the operation or road safety of the vehicle / trailer or a prescribed inspection is necessary during the period of use, the user must inform us immediately and any measures and costs must be agreed 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 upon termination of the usage relationship. If the vehicle/trailer is not returned fully fueled, the contractual partner will charge the user for the missing fuel per liter according to the receipt for refueling the vehicle/trailer, unless the user proves that there are no or lower costs for refueling have been incurred.
6. If commercial vehicles are equipped with an AdBlue® tank, the commercial vehicle will be handed over to the lessee with a full AdBlue® tank. For rentals lasting more than 27 days, the renter must return the vehicle with a completely filled AdBlue® tank when the rental agreement ends. If the vehicle is not returned with a fully filled AdBlue® tank, the A.G.W. Rental Deutschland GmbH will invoice the renter for the costs of refueling plus a service fee in accordance with the price list valid at the time of rental. For leases lasting less than 28 days, A.G.W. Rental Deutschland GmbH refuels with AdBlue® for a flat fee, which is billed to the renter based on the kilometers driven.
7. When renting vehicles with an AdBlue® tank, the renter must ensure that the AdBlue® tank is always sufficiently filled. The tenant and his vicarious agents have unlimited liability for violations of the above obligation committed during the rental period; the tenant provides A.G.W. Rental Deutschland GmbH from all claims made by authorities or other third parties against A.G.W. Rental Deutschland GmbH for not refueling the AdBlue® tank will be exempt from fines and warnings.
8. In the case of long-term use, the user must bear the costs incurred for the procurement of refill fluids (in particular engine oil and windshield cleaner as well as windshield antifreeze) if refilling of fluids becomes necessary during the period of use.
9. The maximum rental period for a booking is 360 days, unless otherwise stated in the rental agreement. Cancellations or rebookings must be confirmed by us. A refund of payments already made or any difference in the amount requires our consent.
10. Trips abroad require a separate approval from us. In the event of a release, additional costs may be incurred, which the user must bear.
11. With each booking, the user confirms that when the vehicle/semi-trailer is handed over, he or she has a driving license that is required to drive the vehicle/semi-trailer and is valid domestically/abroad and is valid for the entire period of use. Any subsequent changes must be reported to us immediately. When picking up the vehicle/trailer, it is mandatory to present the original driving license.
12. The vehicle may only be driven by the user. If the vehicle will be driven by someone other than the person mentioned above, we will require separate approval. In the event of our approval, the user is responsible for the actions of the approved driver as his own. All rights and obligations under this Agreement shall inure to the benefit and detriment of the Released Driver.
13. The vehicle/trailer may only be used for normal use on public roads. It may not be used, among other things, for motorsport purposes, for test purposes or driving safety training, on race tracks, for commercial passenger transport or for sub-letting (sub-letting is possible after consultation with A.G.W. Deutschland GmbH).
14. The tenant is obliged to properly secure the cargo.
15. The vehicle must be returned to the agreed location. If the vehicle/trailer is not returned to the agreed location from which it was picked up, the user is obliged to reimburse us for the return 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 was obtained by unauthorized persons, he must inform us immediately.
II. Costs for the use of the vehicle/trailer
1. The costs depend on the respective agreements.
2. The energy (fuel) of the vehicle/trailer is borne by the user.
3. The costs for the transfer, including sales tax at the applicable statutory rate, must generally be paid in full for the agreed period of use, i.e. there will be no refunds in the event of late collection of the vehicle/semi-trailer or early return.
4. The rental costs are due at the beginning of the rental period.
5. The user can pay the costs as follows: by SEPA direct debit, by bank transfer, or in cash.
6. The user agrees that we will generally send invoices in electronic form. The user agrees that he will no longer receive paper invoices and that the contractual partner will send an electronic invoice in accordance with legal requirements to the email address provided. The user can object to the sending of invoices in electronic form at any time. In this case, the contractual partner will send the invoices to the user in paper form. In this case, the user must bear the additional costs for sending the invoice in paper form and the postage for this.
The tenant is responsible for ensuring that electronic invoices are sent to him or, if this is agreed, that they are picked up in electronic form. The tenant is responsible for any malfunctions in the reception facilities or other circumstances that prevent access. An invoice is received as soon as it has arrived within the tenant’s sphere of control. If A.G.W. Rental Deutschland GmbH only sends a notification and the tenant can retrieve the invoice themselves or A.G.W. Rental Deutschland GmbH makes the invoice available for retrieval, the invoice is received when it has been retrieved by the tenant. The tenant is obliged to retrieve the invoices provided at reasonable intervals.
If an invoice is not received or cannot be received, the tenant will inform the landlord immediately. In this case, A.G.W. Rental Deutschland GmbH will resend a copy of the invoice and label it as a copy. If the problem with sending the invoice is not resolved promptly, A.G.W. Rental Deutschland GmbH is entitled to send invoices in paper form until the problem is resolved. The tenant bears the costs of sending paper invoices.
7. If the tenant defaults on the rent, A.G.W. Rental Deutschland GmbH is entitled to terminate the rental agreement without notice, even without prior warning. If the agreed rental period exceeds a period of 27 days and the tenant defaults on the rent for the period in question, either completely or to a significant extent, A.G.W. Rental Deutschland GmbH is entitled to terminate the rental agreement without notice due to late payment, even without prior warning.
8. The user is obliged to pay a deposit at the beginning of the period of use in addition to the costs as security for the fulfilment of his obligations.
9. When using toll roads, the renter must ensure that the toll fee is paid in full and on time. The renter releases A.G.W. Rental Deutschland GmbH from all toll charges incurred by him or third parties to whom he entrusts the vehicle.
10. A.G.W. Rental Deutschland GmbH provides the renter with an on-board unit (OBU) for motor vehicles with a permissible total weight of at least 7.5t to participate in the automatic collection of toll fees in accordance with the Federal Highway Toll Act. However, this does not apply to vehicle combinations of at least 7.5t where the tractor alone has a permissible total weight of less than 7.5t. In this case, the renter is obliged to pay the toll fee manually (online or at the terminal). The renter is obliged to handle the OBU carefully in accordance with the manufacturer’s specifications and must protect the OBU from unlawful access by third parties and manipulation. The renter is responsible for the correct setting of the OBU, in particular the number of axles and the emission class. All costs arising from incorrect settings of the OBU are borne by the renter. Damage and malfunctions of the OBU must be reported immediately to A.G.W. Rental Deutschland GmbH. In these cases, the renter must log into the toll system manually (online or at the terminal) or (if applicable) leave the toll route network immediately. A.G.W. Rental Deutschland GmbH settles the toll fees incurred for the respective rental period with the operator of the toll system, Toll Collect GmbH, or through its service provider. A.G.W. Rental Deutschland GmbH provides the renter with a list of the individual toll-paying journeys together with the rental invoice.
11. For trucks with a permissible total weight of 7.5t and 11.99t, A.G.W. Rental Deutschland GmbH does not pay any motor vehicle tax increased by 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 on time and in full. The tenant indemnifies A.G.W. Rental Deutschland GmbH against all claims, taxes (including interest, late payment surcharges and other ancillary claims), costs, fines and warnings asserted by authorities against A.G.W. Rental Deutschland GmbH due to a violation of the above obligation.
12. These regulations apply not only to the renter but also to the authorized driver, whereby the contractual exemption from liability does not apply to unauthorized users of the rental property.
13. The provisions of the Insurance Contract Act (VVG) and the provisions of the General Terms and Conditions for Motor Vehicle Insurance (AKB) apply in addition to the provisions in these General Terms and Conditions.
III. Insurance conditions for the use of the vehicle / trailer
1. Unless otherwise agreed, the following is deemed to be agreed:
The insurance cover for the vehicle/trailer used extends to liability insurance with a maximum coverage amount for personal injury and property damage of EUR 100 million. The maximum coverage amount per injured person is EUR 15 million and is limited to Europe. The user is free to select and book the options given regarding partial and/or fully comprehensive insurance and/or additional protection packages offered for a fee.
IV. Behavior in the event of an accident/damage when using the vehicle/trailer
1. The user is not entitled to fully or partially acknowledge or satisfy claims from third parties without our prior consent.
2. If a damage event occurs, the user is obliged to take all possible steps to prevent and minimize the damage. In doing so, he must follow our instructions as far as reasonable and assist in determining and settling the damage.
3. We are authorized to fulfill or defend claims for damages made against the user on his behalf and to make all statements that appear appropriate for this purpose within the scope of our due discretion. If claims are made against the user out of court or in court, the user is obliged to notify us immediately after the claim is made. In the case of claims made in court, we are left to conduct the legal dispute. We are authorized to appoint a lawyer on behalf of the user, to whom the user must grant power of attorney and provide all necessary information and requested documents.
4. After an accident, theft, fire, wildlife or other damage, the user must immediately notify and call the police. This also applies if the vehicle/trailer has been slightly damaged and also in the case of accidents caused by the user without the involvement of third parties. In the event of any damage to the vehicle/trailer during the period of use, the user is obliged to immediately inform us in writing of all details of the event that led to the damage to the vehicle/trailer. This also applies in the event of the theft of the vehicle/trailer or parts thereof. For this purpose, the user should carefully and truthfully fill out all points of the accident report form included with the vehicle documents. The user must take all measures that are useful and conducive to clarifying the damage event.
V. Liability of the user
1. In the event of damage, loss or other breach of contract, the user is generally liable in accordance with the general liability rules.
2. The user is free to exclude liability for accidents (contractual liability exemption) or for individual other types of damage (protection packages) for damage, loss and fire by paying a special and/or additional fee. Such a contractual liability exemption corresponds to the model of fully comprehensive insurance. In this case, the user and the drivers included in the scope of protection of the contractual liability exemption are liable for each individual damage event up to an amount equal to the agreed deductible; there is no entitlement to a contractual liability exemption or a booked protection package if the damage was caused intentionally. If the damage was caused by gross negligence, we are entitled to reduce the user’s obligation to indemnify the user from liability, including from a booked protection package, in proportion to the severity of the negligence. Furthermore, there is no entitlement to a contractual exemption from liability or from a booked protection package if the user intentionally violated an obligation to be fulfilled. In the event of a grossly negligent violation of an obligation to be fulfilled by the user, we are entitled to reduce the obligation to indemnify the user from liability, including from a booked protection package, in proportion to the severity of the negligence; the burden of proof that gross negligence did not exist lies with the user.
3. The excess that the user has to pay per claim depends on the amount agreed at the time of booking.
4. The user is liable without limitation for all violations of traffic and regulatory regulations and other legal provisions as well as for all disturbances of possession caused by him or third parties to whom the user leaves the vehicle / trailer. The user indemnifies us against all fines and warnings, fees and other costs that authorities or other bodies charge us for such violations. To compensate for the administrative costs incurred by us in processing inquiries that prosecution authorities or other third parties send to us to investigate administrative offenses, criminal offenses or disturbances committed during the rental period, we receive a flat-rate expense fee of EUR 35 (plus VAT) from the user for each such inquiry, unless the user proves that we incurred less expense and/or damage. We are entitled to claim further damages.
5. The above provisions apply not only to the user but also to the approved driver, whereby the contractual exemption from liability does not apply to non-approved users.
6. The provisions of the Insurance Contract Act (VVG) and the provisions of the General Terms and Conditions for Motor Vehicle Insurance (AKB 95) apply in addition to the provisions in these General Terms and Conditions.
7. Multiple users are jointly and severally liable for claims arising from or in connection with this contract.
VI. Liability of the contractual partner and right of termination of the contractual partner
1. We are only liable in cases of intent or gross negligence on our part, that of a representative or vicarious agent of ours, in accordance with the statutory provisions. Otherwise, we are only liable for injury to life, body or health or the culpable violation of essential contractual obligations. The claim for damages due to the violation of essential contractual obligations is limited to the damage that is typical for the contract and foreseeable.
2. We can terminate a concluded contract without notice for good cause. Good cause includes, but is not limited to, a significant deterioration in the user’s financial situation, enforcement measures against the user, inadequate care of the vehicle/trailer, improper and unlawful use of the vehicle/trailer or disregard of essential regulations in public traffic. If we terminate a contract, the user is obliged to immediately return the vehicle/trailer with all accessories and all vehicle keys and trailer keys to us.
3. All claims arising from this contract can be freely assigned by the landlord without notifying the tenant. The landlord is entitled to transfer the rights and claims to which he is entitled, in particular for refinancing purposes, to third parties and to sell the receivables in this connection.
VII. Compensation & Fee
1. If the contract is terminated early for a hire purchase, a prepayment penalty will be charged.
2. The flat rate for calculating the early repayment penalty for a hire purchase agreement is EUR 250.00.
VIII. Return of the vehicle / trailer
1. The contract ends when the agreed period of use expires. If the user continues to use the vehicle/trailer after the agreed period of use has expired, the usage relationship is not considered to be extended. Section 545 of the German Civil Code does not apply.
2. The user is obliged to return the vehicle/trailer at the end of the period of use in the agreed condition at the agreed location and at the agreed return time and with a full tank. If the vehicle is not returned to the same rental station where it was rented, the renter is obliged to reimburse A.G.W. Rental Deutschland GmbH for the return 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 will be charged plus the costs for refueling and fuel in accordance with the prices valid at the time of rental.
3. If the vehicle/trailer is excessively dirty, which requires special cleaning of the vehicle/trailer, or if the vehicle/trailer is returned with an odor, the user will pay us compensation. Special cleaning costs will be charged according to the amount of work involved, but at least with a special cleaning flat rate of €100, unless the user can prove that we have suffered less damage; we are free to claim further damages.
4. If the user does not return the vehicle/trailer to us at the end of the agreed rental period, we are entitled to demand a fee of at least the amount of the previously agreed costs as compensation for use for the duration of the withholding. Previous special conditions for the use of the vehicle/trailer do not apply in such a case.
5. The user is obliged to return the vehicle/trailer before the end of the agreed period of use if the permissible mileage specified in the contract has been reached. If the user exceeds the agreed mileage and/or returns the vehicle/trailer after the date specified in the contract, he is obliged to pay a contractual penalty of EUR 500; this does not apply if the user proves that we have suffered no or less damage.
VIIII. Other general conditions
1. Unless otherwise agreed, the place of performance shall be exclusively our place of business.
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 is our place of business or, at our discretion, the place of business of the user.
3. For all rights and obligations arising from and in connection with the contractual relationship, the law of the Federal Republic of Germany shall apply exclusively and without regard to conflict of law provisions, 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 in these General Terms and Conditions or any provision in any other agreement between us and the user be or become invalid, this shall not affect the validity of all other provisions or agreements.