General Terms and Conditions – Rental Conditions of Easy car solutions GmbH

A: Rental agreement, renter and authorized drivers

1. The lease agreement comes into effect through written signature or by binding agreement.

The booking is made online and must be confirmed by the landlord via email.

2. There is no right of withdrawal for rental agreements.

3. Tenants can be one or more persons who are expressly named as such in the lease agreement.

Tenants must be named. Furthermore, the lease agreement may stipulate additional provisions.

It will be ensured that the renter is entitled to transfer the rental car to a specifically named recipient.

to provide a person as the authorized driver. Provided that the renter, according to the rental agreement,

is entitled to hand over the rental car to a driver of his choosing,

He must carefully select the driver and pay particular attention to…

that the driver possesses the required driving licence for the respective rental car

is and also complies with the other conditions imposed after the driving licence was issued.

Subject to the aforementioned provision, the renter is not entitled to use the rental car.

to transfer the loan or transfer it to a third party for a fee, even for the purpose of…

short-term use. A violation leads to the complete loss of the right to use the service.

Insurance coverage.

B: General

1. The renter must present a valid driver’s license for use in Germany upon handover of the vehicle.

a valid payment method accepted by the landlord, as well as an identity card.

or present a passport with proof of address. Can the tenant present this at the handover of the

If the vehicle owner fails to present these documents, the lessor will be released from the rental agreement.

You may withdraw from the contract. Any damages incurred must be compensated to the landlord.

2. The vehicle will be in proper, defect-free and fully functional condition.

Handed over in good condition with a full tank and returned by the renter with a full tank. Any

Any damage or discrepancies will be recorded in the handover protocol.

Fuel costs during the contract period are the responsibility of the tenant.

If the vehicle is returned without a full tank, the lessor will refuel it.

carry out the work with their own employees and charge the tenant €2.45 ​​for it /

Bill for the missing liters of fuel.

3. Regardless of any express written agreements, all information provided by the tenant constitutes

The information concerning the circumstances essential to the lease agreement constitutes an essential part of this agreement.

In particular, the tenant declares that he is able to pay the agreed rent.

4. Taking into account the exceptional risks known to both contracting parties

When renting a motor vehicle, the renter agrees to abstain from all alcohol-related activities.

and/or driving under the influence of drugs.

5. It is prohibited to use the vehicle for sporting purposes and competitions of any kind.

use.

6. Our vehicles are equipped with a GPS tracking system.

7. The vehicle may only be parked in lockable garages.

A breach of duty constitutes grossly negligent conduct, which gives rise to liability for

This results in vandalism damage for the tenant.

8. The tenant declares that he accepts all statements made by him,

especially with regard to assuming his obligations, also acting on his behalf

the authorized driver(s) of the rental car, so that all declarations

also act for and against the authorized driver(s).

9. The renter undertakes to treat the rental car with care during the rental period.

to check and guide a competent driver. Regarding the obligation to check

This includes, in particular, the constant monitoring of road safety and oil levels,

of the tire pressure, adherence to the data listed in the vehicle registration document, such as

e.g. permissible number of persons when driving the motor vehicle and load-bearing capacity

as well as securing the vehicle against theft and burglary.

10. Turning off traction control and launch control starts are

Strictly prohibited. Violation will result in the loss of all insurance coverage.

So-called race/F1/launch control starts are prohibited. Violations will result in penalties.

will be subject to a contractual penalty of €2,000.00 per executed race / F1 /

Launch control starts are penalized. The vehicle software stores this data and will be used for…

The data is therefore regularly read and evaluated. The customer is expressly informed that…

agree to such a contractual penalty.

C: Vehicle return and payment terms

1. The lease agreement ends upon expiry of the agreed lease term. If the tenant terminates the lease, the lease agreement ends upon expiry of the agreed lease term.

If the vehicle is used after the agreed rental period has expired, the following applies:

The tenancy agreement is not considered extended. Section 545 of the German Civil Code (BGB) does not apply.

2. The renter is obliged to return the vehicle to the lessor at the end of the rental period.

to be returned in the contractually agreed condition at the agreed place and at the agreed return time.

In case of excessive soiling of the vehicle, which a

Special cleaning of the vehicle is required, or if the vehicle is damaged

If the tenant returns the property due to an odor nuisance, they shall compensate the landlord.

Damages.

3. Any intended extension of the agreed rental period by the tenant must be communicated to the landlord.

to notify the landlord in good time before the end of the agreed rental period and from

You must obtain permission from the landlord. If permission is refused, the rental car must be returned on time.

to return the item by the agreed return date. Even if the return date was only agreed verbally.

Upon extension of the lease, all agreements of the original lease remain in effect.

The lease agreement becomes effective. If the lease agreement is not extended, the lease agreement will be valid.

(for whatever reason), the tenant loses all rights arising from the tenancy agreement.

Rental agreement, in particular the insurance coverage promised by the landlord and the

Tenant’s liability reduction. Notwithstanding this, the tenant is obligated to pay for the

The duration of the unauthorized extension of the rental period will determine the respective rental price.

Price list payable, with the exception of separate costs for contractual

Limitation of liability. The burden of proof for further damages remains with the defendant.

Landlord’s reservation.

4. The rental price and insurance coverage are determined by the currently valid terms and conditions.

Landlord’s price list. The rental price plus deposit is payable in advance.

This also applies if the rental period has been extended.

5. Upon termination of the rental agreement, the rental vehicle must be returned to the lessor on

to be returned to the agreed location within business hours, subject to any conditions stipulated therein.

Special agreements made in the lease agreement.

6. The tenant is not entitled to offset or assert a claim.

Right of retention against the landlord’s rent claim entitled,

unless the claim to be offset is undisputed or legally binding

noted.

7. If payment is made by credit card, the landlord is entitled to also charge for any fees that may have arisen.

Damages or excess payments can be settled via credit card.

D. Damage to the rental car

1. Technical damage: If malfunctions or other issues occur with the rental car,

If technical malfunctions occur, the tenant must inform the landlord immediately.

The damage may only be repaired with the express permission of the

The work was carried out by the landlord in a specialist workshop of the rented car make.

The landlord’s permission is not required if the tenant is informed before the work is carried out.

The repair is contractually guaranteed by the specialist workshop, and the repair costs will not be covered.

more than €100.00. The landlord will reimburse the tenant for the amount due after the previous [unclear – possibly „invoices“].

Provisions regarding the actual costs incurred for the repair of damages upon presentation of the tenant’s documentation.

the original invoice paid in advance and receipted, if the tenant proves that damages and operational disruptions

not caused by him or due to the vehicle’s unsafe condition on the road.

2. Damage caused by accident: For the purposes of these provisions, accident damage is any

An event in public and private road traffic, which is associated with its dangers in

causal connection exists and results in property damage to the rental car.

has to do whether another road user is involved in the accident or not. The tenant

In the event of any kind of accident involvement:

a) to immediately notify the police and remain at the scene of the accident until the

Arrival of the notified police.

b) Names and addresses of all persons involved, registration numbers of the vehicles involved

Vehicles and insurance information of the parties involved, as well as names and addresses of all parties.

to arrest witnesses and

c) a complete damage report (description of the accident scene including

Sketch, time of accident and accident sequence) after returning the vehicle to the

To set up the rental station and hand it over to the responsible employee of the lessor.

E: Tenant’s liability

1. Unlimited liability of the renter if the vehicle is entrusted to unauthorized drivers.

If the renter transfers the rental car to a third party not listed in the rental agreement

If a person is involved, the renter and the third party are liable in the event of damage to the rental car.

as joint and several debtors without limitation.

2. Contractually agreed limitation of liability of the tenant and authorized driver.

The deductible can be reduced by concluding a separate agreement.

Damage caused by the renter and the authorized driver will be limited.

Contractual liability reduction corresponds to the guiding principle of comprehensive insurance.

In this case, the renter and the authorized driver are liable for damages up to a certain amount.

Amount equal to the agreed deductible per claim. The liability of

Tenant/driver liability for traffic violations and criminal offenses cannot be excluded.

3. The renter and the driver are fully liable for any damages incurred during the rental period.

Violations of legal provisions, in particular traffic and

Rules of conduct. The renter and the driver indemnify the landlord against all charges.

Exempt from fines, warnings, fees and other costs, the authorities or

other bodies may raise claims against the landlord in connection with such violations.

4. The renter is liable for all damage to the vehicle caused by operating errors.

or are due to overuse during the rental period.

5. Unlimited liability of the renter and authorized driver despite contractual agreements

Limitations of liability in case of accidents, theft, vandalism, etc.

The liability reduction according to letter E does not apply to damages caused intentionally by the renter/driver.

caused damage. In the case of damage caused by gross negligence, the

The landlord is entitled to take action against the tenant/driver depending on the severity of the fault.

to participate in the damages in a corresponding proportion. Furthermore

The liability reduction does not apply to accident damage caused by the tenant or the authorized party.

Drivers while driving under the influence of alcohol or drugs, or through a

caused by illegal car racing or improper vehicle use.

6. Extent of damages payable: The tenant’s liability for damages

This covers repair costs plus any potential depreciation in value or in the event of…

in the event of total loss of the vehicle, the replacement value of the vehicle will be reimbursed.

less the residual value. Furthermore, the tenant is liable – to the extent incurred – for

Towing costs, recovery and repatriation, expert fees and any other costs

Further costs incurred by the landlord and loss of rent amounting to 60% of the

Daily rates according to the currently valid price list.

7. When the vehicle is entrusted to third parties – including those under letter A

The renter is liable for compliance with the regulations for the designated additional driver.

this lease agreement and the conduct of the third party as if it were one’s own conduct.

8. In the event of non-contractual use of the vehicle, all rights are forfeited.

Insurance coverage.

Q: Landlord’s liability

Claims for damages by the tenant against the landlord arising from the lease agreement,

unless the claim involves an injury to life, body, health or a

Essential contractual obligations are excluded, unless the damage

is based on a grossly negligent breach of contract by the landlord or on a

intentional or grossly negligent breach of contract by a legal representative

or the landlord’s agents. This regulation also applies to damages arising from the

Breach of obligations during contract negotiations. The tenant releases the

The landlord is expressly disclaimed from any liability for damage to or loss of property to or from the property.

Items that were transported in or left in the vehicle.

G: Extraordinary termination

The landlord is entitled to terminate the lease agreement without notice for good cause.

Reason for termination: In particular, inadequate care of the

Vehicle, improper and unlawful use, intentional damage

of the rental vehicle, the attempt to culpably conceal damage incurred

or to conceal, use of the vehicle during or for the commission of the offense

intentional criminal offenses, unauthorized subletting of the vehicle.

H: Cancellation policy

1. In the event of a cancellation, a cancellation fee will be charged. The amount of the cancellation fee

depends on the timing of the resignation:

– up to 8 weeks before the start of the rental period: free of charge

– from the beginning of the 8th week until the beginning of the 4th week before the start of the rental period: 40% of the

rental price

– from the beginning of the 4th week until the beginning of the 2nd week before the start of the rental period: 60% of the

rental price

– For cancellations less than 2 weeks but less than 72 hours before the rental period begins: 85% of the rental price

– 72 hours before the rental start date or failure to collect the rental vehicle: 95% of the

rental price

2. The rental price is the total rental price including all fees and extras.

3. The deduction of saved expenses is permitted under the provisions of paragraph 1.

This has been taken into account. The tenant is free to prove that the landlord was informed of the aforementioned.

Claims have not arisen or not arisen in the amount claimed.

4. Should the tenant fail to appear at the agreed pick-up time, the

The landlord will hold the reservation for two hours. After that, it’s over.

The vehicle is then made available for other customers. In this case, the renter will be notified…

The total rental price will be invoiced. The tenant is free to prove that the

The landlord suffered no or less damage due to the non-collection.

I: Obtaining information from credit agencies

The tenant agrees that the landlord may obtain information about him from SCHUFA.

J: Final provisions

German law applies. Any potential invalidity of individual provisions of this contract

or the general terms and conditions affect the legal validity of the

The remaining content of the contract or the remaining terms and conditions are not affected. If the tenant…

Is he a merchant within the meaning of the German Commercial Code, or does he not have a general

The place of jurisdiction is the Federal Republic of Germany, so for all disputes in

In connection with this lease agreement, place of performance and jurisdiction is Hamburg.

K: General Terms and Conditions of Rental – Additions

1. Deposit – Repayment period

The deposit will be refunded within 7 working days after proper confirmation.

Return of the vehicle, provided there is no damage or outstanding claims.

2. Use outside of Germany

Trips abroad are only permitted with the prior written consent of the landlord.

allowed.

3. Procedure in case of theft or vandalism

In case of theft or vandalism, the tenant is obliged to report the incident to the police immediately.

Report the incident to the police and inform the landlord immediately.

4. Towing costs due to negligence

If the vehicle is impounded by official order or due to misconduct

If the vehicle is towed, the tenant bears the full towing and consequential costs.

5. Charging behavior of electric vehicles

Charging electric vehicles at fast charging stations with high charging fees is only

Permitted in emergencies. Any blocking fees or excessive charging costs will be borne by the customer.

Renter.

6. Loss of vehicle documents or keys

In case of loss of keys or vehicle documents, the renter is liable for the costs.

Replacement costs and, if necessary, the replacement of the locking system.

7. Contractual penalty in case of intentional deception

In cases of deliberate deception regarding identity, solvency, or use of the vehicle

The landlord can claim a contractual penalty of up to 2,500 euros.

8. Documentation requirements for vehicle handover and return

The renter is obliged to take photographs of the vehicle upon handover and return.

to make changes to all four sides, the interior as well as the mileage reading and to the landlord

to be made available upon request.

L: Fee schedule

1. Additional costs, processing fees, flat rates, and contractual penalties are governed by Easy car solutions GmbH‚ current fee schedule . This schedule is not part of the General Terms and Conditions but will be made available to the renter before the contract is concluded and is binding.

2. Contractual penalties represent fixed sanctions for certain breaches of duty. The landlord reserves the right to claim further damages.

3. The tenant retains the right to prove that the landlord suffered no damage or significantly less damage.