Legal Notice
This Legal Notice complies with the German laws under § 5 TMG.
Rent-a-Boxer GmbH
Schlehenweg 8
72525 Muensingen
Contact:
info(at)rent-a-boxer.com
www.rent-a-boxer.com
Registry court: Stuttgart
Register number: HRB 768062
Tax ID: DE322222398
CEO: Maximilian Neuhaus
Terms and Conditions
These TC govern the contractual relationship between Rent-a-Boxer GmbH ("lessor") and the contractual partner ("lessee").
1. Establishment of a Rental Contract
A contract is concluded when the lessee and lessor agree on the offer and acceptance of the contract. The lessee expresses his agreement by making the agreed down payment or by paying the agreed rental price.
2. Rental Object
The rental object is the in the handover protocol ("Übergabeprotokoll") stated BMW motorcycle, which is handed over to the lessee by the lessor. Further rental objects can be motorcycle accessories, driver equipment, motorcycle transporters or trailers, which are also listed in the handover protocol.
3. Handover and Handover Protocol (“Übergabeprotokoll”)
The handover of the vehicle to the lessee takes place during opening hours at a location of the lessor. The lessee receives instruction in the technical handling of the motorcycle. Upon handover, a handover protocol ("Übergabeprotokoll") is prepared in which data of the lessee, data and condition of the motorcycle (including license plate number, kilometer reading, fuel level, functionality of the motorcycle including components and accessories, etc.) as well as previous damage, if any, are documented.
The vehicle is handed over upon presentation of a valid driver's license and identification document. The handover is completed by the signature of the handover protocol by both parties and the full payment of the rental price. Subsequently, the lessee receives a copy of the handover protocol by e-mail.
4. Return and Return Protocol („Rückgabeprotokoll”)
The return of the motorcycle takes place at the return location and return time (day and time) recorded in the handover protocol. This does not apply if another agreement has been made. If the possibility of a return outside the opening hours exists (safe-box) and this is used, the lessee is obliged to document the kilometer reading and the external condition of the rental vehicle by an image file and to send it to the lessor. The lessee is liable for any damage that occurs between the time the vehicle is parked and the time the business opens. Upon return, a return protocol ("Rücknahmeprotokoll") will be prepared in which data of the lessee, data and condition of the motorcycle (including license plate number, mileage, fuel level, functionality of the motorcycle including components and accessories, etc.) as well as new damages, if any, will be documented.
° Fuel Level
Upon return, the fuel level must correspond to the documented fuel level at the time of handover (usually "full out, full in"). If the fuel level deviates, 2.5 EUR/liter of additional fuel will be charged.
° Cleaning
At the end of the rental period, the vehicle will be handed over by the renter "in accordance with normal use". The final cleaning is included in the rental price and is carried out by the lessor.
° Damage Caused
Any damage sustained during the rental period shall be compensated by the lessee up to the amount of the deductible stated in the handover protocol. The determination of the amount of damage shall be made by mutual agreement between the lessee and the lessor. If no agreement can be reached, an authorized expert (DEKRA or comparable) will be consulted. The costs of the expert assessment shall be at the expense of the lessee.
° Delayed Return
A delayed return is to be reported by the lessee at the earliest possible foreseeable time. In case of delayed return, the daily rate for the corresponding motorcycle model will be due. The lessee is liable for all consequential costs caused by the delayed return, e.g. in case of a follow-up rental.
The return is completed by the signature of the return protocol ("Rücknahmeprotokoll") by both parties and the full payment of outstanding amounts (e.g. for extra kilometers or for damage repair). Subsequently, the renter will receive a copy of the return protocol by e-mail.
5. Rental Price and Extra Kilometers
The rental price depends on the rental period and the corresponding kilometer package. The rental period and the kilometer package are determined before the motorcycle is handed over to the lessee and documented in the handover protocol. If the kilometerage exceeds the previously agreed kilometer package upon return, additional kilometers will be charged at the kilometer rate recorded in the handover protocol. Lower kilometers will not be paid retroactively.
6. Reservation and Down Payment
For the binding reservation of a motorcycle, the lessor collects a down payment, its amount may vary depending on the rental period and time. The lessor informs the lessee about the amount of the down payment in the course of the contract offer.
7. Data Storage
The lessor stores the data related to the rental, including data of the lessee. The storage is carried out, for instance, for the possible prosecution of traffic offenses or regulatory offenses and will be passed on to a prosecuting authority in this case. The data protection officer of Rent-a-Boxer GmbH is responsible for the proper deletion of the data after expiration of official deadlines.
8. Insurance Coverage
The lessor pays taxes and insurance for the vehicle as a self-drive rental vehicle. The insurance included in the rental price is a fully comprehensive insurance (liability insurance as well as a full vehicle insurance) with EU protection letter. The deductible is 1500 EUR. A deviating amount of the deductible (e.g. in case of reduction) will be recorded in the handover protocol. For damages to the rental vehicle during the rental period, the lessee is liable up to the amount of the agreed deductible. In case of total loss of the vehicle the full amount of the agreed deductible has to be paid by the lessee. A case of damage must always be documented in the return protocol and signed by the lessee. If the lessee causes damage due to a traffic accident or collision with another vehicle of the lessor, the lessee shall also assume the damage incurred to all other vehicles involved (non-insurable own damage; "nicht versicherbarer Eigenschaden").
9. Condition of the Motorcycle and Wear
The lessee is obliged to handle the motorcycle with care.
The lessor hands over the vehicle in technically flawless condition. The lessor assures that the motorcycle is subject to regular technical maintenance and is handed over in roadworthy condition. The technical provision of the motorcycle is in accordance with the agreed kilometer package. The lessor ensures that wear parts are still above the wear limit at the end of the agreed kilometer package when used properly. Any technical defects (e.g. handle heating) that do not affect the roadworthy condition, will be pointed out upon handover and documented in the handover protocol.
Wear parts (e.g. tires, brake pads, etc.) are covered by the rental contract if used properly. Not included are defective wear parts that are due to improper use. If wear and tear damage occurs during the rental period, in particular engine, clutch or transmission damage, this shall only be at the expense of the lessee if it is due to improper use or neglect of the duties imposed on him (including oil level check). An engine damage to the engine, gearbox or clutch must be reported to the lessor immediately. In this case, the vehicle may no longer be operated.
Tire damage occurring during the rental period is always at the expense of the lessee.
The proper condition of the wear parts will be documented upon handover.
The oil level of the motorcycle will be determined upon handover. During the rental period, the lessee must check the engine oil level regularly, at the latest every 1000 kilometers, and correct it if necessary with the oil approved for the vehicle. A digital indicator on the motorcycle warns the lessee of low oil level. If this indicator appears, the lessee must react accordingly. A digital indicator on the motorcycle warns the lessee of low tire pressure. If this indicator appears, the lessee must react accordingly and correct the tire pressure.
The proper condition of the wear parts is documented upon handover.
10. Damage/Behavior in Case of Traffic Accidents/Interruption of Trip
The lessee is liable for any damage that occurs during the rental period, in particular for accidental damage or damage caused by the motorcycle falling over as well as improper use. Any damage incurred during the rental period will be documented in the return protocol. If no agreement is reached between the contracting parties after the return, the damages that occurred during the rental period will be determined by an authorized expert at the expense of the lessee and invoiced.
In the event of any traffic accident, regardless of who caused the damage, the local police must be called in. This applies in particular to traffic accidents abroad. An acknowledgement (written or verbal) of responsibility for the damage to other parties involved in the accident is not permissible without a police accident report.
The lessor is not personally liable for any damage caused by the lessee at any time.
If damage to the vehicle occurs during the rental period, which makes it impossible to continue driving, the lessee may only give a repair order to a workshop after consultation and agreement with the lessor. In case of tire damage, the lessee is authorized to repair the damage without consulting the lessor. The same applies to the replacement of light bulbs. Liability or assumption of costs by the lessor is excluded in these cases.
In the case of any damage that makes it impossible to continue the journey, the lessee cannot claim any costs for loss of vacation or compensation for the discontinuation of the vacation from the lessor, there will be no refund of the rental price.
In the event of interruption of the trip, the lessor will only pay for costs covered by the protection letter of the lessor's insurance. Any additional costs in connection with the return journey are to be borne by the lessee.
11. Cancellation of a Reservation
In the event of cancellation up to 14 days before the start of the rental period, the down payment made will be retained as a cancellation fee. Within a period of 24 hours to 13 days, a cancellation fee in the amount of 40% of the agreed rental price will be charged. In case of cancellation within 24 hours before the beginning of the rental period, 70 % of the rental price will be charged. Decisive for the percentage calculation is the agreed rental period.
12. Ownership and Rights of Use/Whereabouts of the Papers
During the rental period, the lessee has the sole right of disposal and use of the vehicle.
During the rental period, the lessee will be handed over the registration certificate part I ("Zulassungsbescheinigung Teil I"). The registration certificate part II ("Fahrzeugbrief") remains with the lessor. The lessor remains the owner of the vehicle at all times.
13. Unauthorized Use
The following uses of the vehicle are prohibited for the lessee:
- Participation in motor sport events
- Vehicle tests
- Driving outside the EU (EFTA countries allowed)
- Subletting to third parties
- Off-road driving off paved roads and paths
- Other uses that go beyond the intended use.
In case of subletting to third parties, the lessee is liable for all damages (including wear and tear damages).
The lessee shall be fully liable for all damage resulting from a physical defect, in particular after the consumption of alcoholic beverages or other intoxicating substances or medication that may impair roadworthiness. The vehicle may not be driven even after minor consumption of alcohol or other intoxicating substances.
14. Liability and Warranty
Liability of the lessee:
In the event of excessive tire wear due to improper use (e.g. "burn-outs"), the lessee shall be liable for damages.
If inspection of the police investigation files is required to establish the lessee's liability, claims for damages against the lessee shall be deferred until the files have been inspected.
Liability of the lessor:
The lessor shall not be liable for bodily injury to the lessee during the rental period or after the rental period.
Any warranty of the lessor resulting from the maintenance work is excluded. Insofar as claims for damages against the lessor - for whatever legal reason - require fault, the following shall apply:
In the case of intent and gross negligence or in the case of injury of
injury to life, limb or health, the lessor shall be liable in accordance with the legal
statutory provisions. Otherwise, the lessor shall only be liable in the event of a breach of material contractual obligations (cardinal obligations) and in the event of default. However, the liability of the lessor is then limited to the foreseeable damage typical for the contract.
Exclusion and limitation of liability apply in favor of the lessor also in the case of fault of his vicarious agents.
The legal distribution of the burden of proof as well as the liability according to the Product Liability Act ("Produkthaftungsgesetz") shall not be changed by this contract.
15. Handover and Return Times
The handover for rental takes place by appointment.
The return of the motorcycles also takes place after appointment.
The rental motorcycle can be returned by appointment from 17:00 on the day before the rental period and no later than 10:00 on the following day after the agreed rental period. This does not apply if another agreement has been made.
16. Replacement Motorcycle
If, for unforeseeable reasons, the reserved motorcycle is not available for rental (defect or similar), the lessor will always strive to provide a comparable BMW motorcycle. This will not result in any additional or reduced costs. Should it not be possible to provide a vehicle, the lessee will be reimbursed for the costs incurred by the journey and the down payment. The lessor undertakes to inform the lessee immediately if a rental is not possible.
17. Place of Jurisdiction
The exclusive place of jurisdiction is Bad Urach.
18. Salvatorian Clause
Notwithstanding any special cure clauses, procedures for disagreements, etc. contained in these T&C, in additional contractual provisions or in other parts of the contract, the following is agreed:
If any clause of this contract, of the additional contractual regulations or of the other parts of the contract is or becomes invalid in whole or in part, what the contracting parties would otherwise have validly agreed upon shall apply instead. The principles of supplementary contractual interpretation shall apply.
The same shall apply mutatis mutandis if the parties to the contract have recognizably have recognizably overlooked a provision. § Section 139 of the German Civil Code is excluded.
19. Privacy
The privacy policy can be accessed at www.rent-a-boxer.com/datenschutz.