General Terms and Conditions of Rental (GTC) of Rent-a-Boxer GmbH
Schlehenweg 8, 72525 Münsingen (hereinafter referred to as the “Lessor” or “Rent-a-Boxer”).
These GTC govern the contractual relationship between the Lessor and the contracting party (hereinafter referred to as the “Lessee”). For the sake of readability, the masculine form is used in the text; however, the information applies to all genders.
1. Reservation and Conclusion of the Rental Agreement
1.1. A rental agreement is concluded when the Renter accepts a binding offer from the Lessor (e.g., by email confirmation, online booking, or signature). The Renter expresses their consent at the latest by paying the agreed-upon deposit or the rental price.
1.2. The Lessor requires a deposit for a binding reservation. The amount and payment terms will be communicated to the renter as part of the offer. If the deposit is not received by the due date, the lessor is entitled to rent the vehicle to another party without prior notice.
1.3. In specific individual cases, the booking may be made without a deposit; this requires written confirmation from the lessor.
2. Rental Item and Replacement Vehicle
2.1. The rental item is the motorcycle listed in the handover report, along with the selected accessories (e.g., luggage, navigation devices, rider gear).
The vehicle remains the property of the lessor at all times.
2.2. If the reserved motorcycle is not ready for use due to unforeseeable reasons (e.g., an accident involving the previous renter or a technical defect), the lessor is entitled to provide a comparable or higher-quality replacement motorcycle. This will not result in any additional costs for the renter.
2.3. If no replacement vehicle can be provided, the rental agreement shall be terminated and the renter shall be promptly reimbursed for all payments already made (deposit/rental fee). Any further claims (e.g., for travel or accommodation costs) are excluded.
3. Rental Price, Mileage Billing, and Cancellation
3.1. The rental price is based on the agreed rental period and the selected mileage package. These details are documented in the handover report.
3.2. If the mileage exceeds the agreed package upon return, the additional kilometers will be billed at the rate specified in the handover report. Unused kilometers (underage kilometers) will not be refunded.
Cancellation of the rental agreement by the renter must be made in writing (e.g., via email). In the event of cancellation, the following cancellation fees apply, based on the total rental price:
- Up to 14 days before the start of the rental period: The deposit paid will be retained as a cancellation fee.
- 13 days to 24 hours before the start of the rental period: 40% of the agreed rental price.
- Within 24 hours before the start of the rental period or in case of no-show: 70% of the rental price.
4. Conditions for Pickup, Rental Periods, and Vehicle Documents
4.1. The vehicle will be handed over only upon presentation of a driver’s license valid for the rented motorcycle and a valid ID card or passport belonging to the renter. The renter is solely responsible for ensuring that their driver’s license meets the legal requirements for operating the rented vehicle.
4.2. The handover and return times are agreed upon individually between the parties (e.g., in the handover report). Unless otherwise agreed, the vehicle may be picked up starting at 5:00 p.m. on the day before the rental period begins and must be returned no later than 10:00 a.m. on the day following the end of the rental period.
4.3. During the rental period, the Certificate of Registration Part II (vehicle title) remains with the lessor at all times. The Certificate of Registration Part I (vehicle registration certificate) is located in the vehicle (usually under the driver’s seat or passenger seat) and is deemed to have been handed over upon delivery of the vehicle.
4.4. Special provision for vehicles from the BMW demonstration fleet / Rent-a-Ride fleet: For these vehicles, neither the Registration Certificate Part I nor Part II is handed over. In this case, the handover report provided by the lessor serves as an alternative proof of authorization (e.g., for traffic stops).
4.5. Special provisions regarding foreign driver’s licenses and residence in Germany: Driver’s licenses that were not issued in an EU or EFTA country are recognized in Germany only if they are written in German or are presented together with an official translation or a valid international driver’s license. If the holder of such a foreign driver’s license has established a permanent residence in the Federal Republic of Germany, this driver’s license is valid for a maximum of six (6) months within Germany starting from the date of establishing residence. After this 6-month period expires, driving the vehicle is only permitted with a valid German driver’s license that has been converted in Germany. The renter is strictly responsible for complying with the legal provisions regarding the validity of foreign driver’s licenses. If the renter does not present a driver’s license valid in Germany at the time of pickup, the rental company will refuse to release the vehicle; in this case, the rental company’s claim to payment of the agreed-upon rental price remains in full.
5. Handover Report and Condition of the Vehicle
5.1. Upon handover of the motorcycle, a handover report is prepared jointly. This report serves as a binding record of the vehicle’s current condition, mileage, fuel level, accessories, and any pre-existing damage.
5.2. The renter receives technical instruction on the basic operation of the motorcycle. By signing the handover report, the renter confirms that the vehicle is in proper, roadworthy condition. The renter is aware that modern safety and emergency call systems (such as eCall) may be installed, and that the rules of conduct for their activation must be strictly observed (see Section 8). The renter must ask any questions regarding the operation of the vehicle or its systems before starting the journey.
5.3. Upon completion of the handover and full payment of the rental fee, a copy of the handover report will be sent to the renter via email.
6. Obligations of the Renter (Care, Maintenance, and Operating Supplies)
6.1. The Renter is responsible for handling the motorcycle with care and in a proper manner. The Renter must monitor the technical warning lights on the display during the rental period and, in the event of error messages, immediately cease operation and contact the Rental Company.
6.2. During the rental period, the renter must check the engine oil level and tire pressure regularly (at least every 1,000 kilometers) and adjust them as necessary in accordance with the manufacturer’s specifications.
6.3. The vehicle may only be refueled with fuels and operating fluids approved by the manufacturer. Damage resulting from the use of unauthorized operating fluids (e.g., incorrect fuel or oil types) is considered to have been caused by gross negligence and results in the complete loss of any agreed-upon liability limit (deductible).
6.4. If a mechanical defect or wear-and-tear damage (in particular engine, clutch, or transmission damage) occurs during the rental period, the lessor must be notified immediately. In this case, the vehicle may no longer be operated. The renter is not authorized to carry out repairs, modifications, or maintenance on the vehicle on their own or have them carried out by third parties. Such damage shall only be borne by the renter if it is attributable to improper use (e.g., revving the engine excessively, burnouts) or neglect of inspection obligations.
6.5. If there is a defect or malfunction that does not impair the motorcycle’s roadworthiness or drivability (e.g., failure of comfort features such as heated grips or seats, navigation system, display connectivity functions, or electronic assistance systems, provided these are not required by law), the renter is obligated to continue the journey. The failure of such comfort systems does not entitle the renter to unilaterally reduce the rent or withdraw from the contract, unless a specific feature was previously guaranteed in writing as an essential feature of the contract.
7. Unauthorized and Prohibited Use
7.1. The following uses of the vehicle are strictly prohibited for the renter:
- Participation in motorsports events, driving courses, or driving on racetracks (e.g., Nürburgring/Nordschleife, etc.).
- Conducting vehicle tests or driving school exercises.
- Off-road driving away from publicly accessible, paved roads and paths (e.g., motocross tracks, forest trails, gravel roads).
- Subletting or transferring the vehicle to unauthorized third parties, whether for a fee or free of charge
(drivers not named in the rental agreement or handover report)
- Trips outside the European Union (EU) and the EFTA states.
- Uses that go beyond the intended use on public roads.
7.2. Driving the vehicle under the influence of alcohol, drugs, intoxicating substances, or medications that impair driving ability is strictly prohibited. A strict 0.0% blood alcohol limit applies. In the event of a violation, the renter is fully liable for all damages and loses all comprehensive insurance coverage.
7.3. Special provision for group bookings: The vehicle may only be driven by persons who have been registered with the rental company prior to departure by name and with a copy of their driver’s license and identification document, and who have been listed as authorized drivers in the handover report. The primary renter (contractual partner/group leader) is liable for the conduct and all damages and consequential costs caused by the authorized drivers to the same extent as for his or her own fault (joint and several liability).
7.4. If the renter violates the provisions of this Section 7 (in particular by allowing unauthorized drivers to operate the vehicle or by using it on racetracks), the rental company is entitled to terminate the rental agreement with immediate effect without notice and to immediately repossess the vehicle. In this case, the renter has no claim to a refund of the rental price. The lessor’s further claims for damages remain unaffected.
8. Return, Fuel Level, and Late Return
8.1. The motorcycle must be returned to the lessor at the agreed-upon return location and at the agreed-upon time. If the option to return the vehicle outside of business hours (e.g., via a secure drop box) is used, the renter is obligated to document the odometer reading and the exterior condition of the vehicle via a photo and send it to the rental company immediately. The renter is liable for any damage that occurs between the time the vehicle is parked and the next business hours.
8.2. The vehicle is handed over with a full tank and must be returned with a full tank (rule: “full tank out, full tank back”). If the fuel level differs upon return, the renter will be charged a flat rate of 3.00 EUR per liter for the missing fuel and billed accordingly.
8.3. The rental company must be notified of a late return as soon as possible. In the event of a late return without prior agreement, the regular daily rate for the corresponding vehicle model will be charged. The renter is also liable for all consequential costs caused by the delay (e.g., loss of revenue from a subsequent rental).
8.4. The vehicle is handed over in a clean condition. Normal, everyday dirt resulting from driving (e.g., dust, insects, road grime) is included in the rental price and will not be charged upon return.
8.5. The renter must remove any unusual dirt and residues before returning the vehicle. This includes, in particular, leaving trash, personal items, or contaminants in the trunks/storage compartments, as well as applying stickers, decals, or making other modifications to the vehicle.
8.6. If the renter fails to perform this cleaning or remove stickers, the rental company reserves the right to charge the resulting cleaning costs, as well as the costs for the professional removal of adhesive residue and any paint repairs, based on actual expenses, but with a minimum flat fee of 20.00 EUR including VAT.
9. Procedures in the Event of Damage, Traffic Accidents, and Automatic Emergency Call Systems (eCall)
9.1. The renter is liable for all damage occurring during the rental period, including, but not limited to, damage resulting from accidents, damage caused by the motorcycle falling over, and damage resulting from improper use. Upon return, a return report will be drawn up and signed by both parties. If no agreement can be reached regarding the extent of new damage, an independent expert will be consulted. The costs of the expert opinion shall be borne by the parties in proportion to the outcome of the dispute.
9.2. In the event of any traffic accident, the local police must be notified immediately. If the police refuse to file a report (e.g., in cases of purely minor damage without third-party involvement), the renter must provide proof of this to the rental company (e.g., by specifying the police station contacted and the time) and independently document the damage comprehensively using photos and an accident report. No written or verbal admission of fault to third parties is permitted without a police report.
9.3. Special feature of automatic emergency call systems (e.g., eCall): The vehicle may be equipped with an intelligent emergency call system that can automatically trigger an emergency call and establish a connection to the emergency dispatch center in the event of a fall, accident, or if the motorcycle tips over. If the system is activated (including in cases of the motorcycle simply tipping over while stationary or in minor incidents), the renter is obligated to check the system immediately and promptly clarify with the emergency dispatch center that it was a false alarm. If the renter fails to do so or leaves the scene without clarifying the situation, they are fully liable for all resulting costs and fees associated with official interventions (e.g., fire department, police, emergency medical services). The liability limit of an agreed-upon deductible does not apply to these resulting official costs.
10. Traffic Violations, Fines, and Administrative Fees
10.1. The renter is fully liable for all traffic violations, administrative offenses, criminal offenses, toll violations, as well as official fees and costs (e.g., towing services, unnecessary emergency responses) caused by the renter or authorized drivers during the rental period.
10.2. If the lessor, as the vehicle owner, receives corresponding notices of fines, hearing forms, or invoices, the lessor is entitled to forward the lessee’s data to the authorities. For the processing and forwarding of official inquiries, the lessor charges a flat-rate fee of EUR 25, including VAT, per incident, provided the lessee is responsible for the violation.
10.3. Important note regarding tolls and vignettes: The renter is personally responsible for the proper payment of tolls, route fees, and vignette fees both domestically and abroad. For scheduling reasons, a firm commitment or advance notification of a specific license plate number prior to the day of the actual vehicle handover is not possible. Any disadvantages or costs incurred by the renter due to the last-minute booking of digital vignettes or toll systems on the day of handover must be borne by the renter and do not give rise to any claims against the rental company.
11. Insurance Coverage and Deductible
11.1. The vehicle is covered by liability and comprehensive insurance (including EU roadside assistance) as a self-drive rental vehicle. The included roadside assistance covers services (e.g., towing, return transportation) up to a maximum of 500 EUR per claim. The standard deductible for the renter per claim is EUR 1,500, unless otherwise agreed upon in the handover report. The renter is liable for damage to the rented vehicle up to the amount of this agreed-upon deductible. In the event of total theft of the vehicle, the renter must pay the full amount of the agreed-upon deductible.
11.2. Normal tire wear resulting from proper use is included in the rental price. This excludes tire damage (e.g., caused by nails/screws, contact with curbs, or willful damage); the full cost of repair or replacement must be borne by the renter and is not covered by comprehensive insurance.
11.3. If the renter causes damage due to a traffic accident or collision with another vehicle belonging to the rental company (e.g., during group trips), the renter must also cover the resulting damage to all other involved vehicles belonging to the rental company (uninsurable own damage).
12. Liability of the Lessor and Trip Cancellation
12.1. The Lessor shall be liable in accordance with statutory provisions in cases of willful misconduct and gross negligence, as well as in cases of culpable injury to life, limb, or health. In the event of a breach of material contractual obligations (cardinal obligations) due to slight negligence, the Lessor’s liability is limited to foreseeable damages typical for this type of contract. Otherwise, the lessor’s liability is excluded.
12.2. If damage occurs during the rental period that makes it impossible to continue the trip, the renter may not claim any costs from the lessor for the loss of vacation time, loss of vacation enjoyment, or damages for the inability to continue the trip; in such cases, the rental price will not be refunded.
12.3. In the event of a trip interruption or vehicle breakdown, the lessor shall cover only those costs covered by the vehicle insurance’s travel assistance policy (up to a maximum of EUR 500). All additional costs exceeding this amount (e.g., for more expensive towing, self-arranged return trips, or hotel accommodations) must be borne by the renter. The renter is advised to obtain their own private insurance coverage (e.g., ADAC Plus, international damage coverage).
13. Jurisdiction, Data Protection, and Final Provisions
13.1. The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement is Bad Urach.
13.2. Should any provision of this Agreement be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the provision that the parties would reasonably have agreed upon in accordance with the economic purpose of the contract shall be deemed agreed (severability clause). Section 139 of the German Civil Code (BGB) is excluded.
13.3. The Lessor stores and processes the personal data of the Lessee and authorized drivers in connection with the rental in compliance with the statutory data protection provisions (GDPR). The detailed privacy policy is available at https://rent-a-boxer.com/en/privacy Data is stored in particular for the purpose of investigating administrative offenses and criminal offenses; in such cases, the Lessor is entitled to disclose the data to the requesting authorities.
13.4. Note on GPS Tracking: The renter is hereby informed that the lessor’s vehicles may be equipped with a satellite-based tracking system (GPS). The lessor reserves the right to retrieve and process the vehicle’s location data in the event of theft, misappropriation, reasonable suspicion of a breach of contract (e.g., leaving the permitted driving area), or failure to return the vehicle.