1. Acceptance of Terms of Contract
The hirer was informed about the terms of hire, especially about the excess, the abolition of limitation of liability and damage-insurance. The contract terms were explained in detail and are accepted explicitly by the hirer. A copy was handed out to the hirer.
2. Term of Lease and Lease Price
The lease begins with the takeover of the vehicle and ends with the return to the base of CarCompare Christian Schulz e.K. or at a prior declared location (e.g. at delivery / pick-up). If the vehicle has been damaged due to fault of the hirer, the agreed term of lease is extended until the end of reparation and / or the repair time determined by a motor vehicle assessor respectively. In the case of a total loss, the replacement time determined by an assessor is to be applied; respectively 14 days according to legal practise. If the vehicle is returned before the agreed date of return, the daytime- or km-charges for the remaining days are to be paid. The costs for lubricant and fuel along with all cleaning costs are to be paid by the hirer. The agreed lease price / deposit are to be paid in advance and are due at signing of contract.
3. Responsibilities of the Hirer
The participation in motorsports events is prohibited. The employment on a testing course is only allowed with prior consent of the lessor. The run for testing purposes is due to the excessive wear subject to full commitment. The commitment of the hirer also includes the excessive wear of the tyres, braking system, coupling and other mechanical components. For damages, which result from technical changes, the hirer is also fully liable.
It is the hirer’s responsibility that every person driving the vehicle has a valid driving license. The hirer and any other drivers must be able to drive the vehicle(s) and must be authorised by the hirer. The liability of the hirer includes, the additional charges related to damages, as well as towing costs, loss of rent, costs for an assessor, and decline in value.
4. Procedure in Case of Accidents of Damages
In case on any accident, the hirer and others involved must inform the police and report the accident, as well as to take any actions necessary for preservation of evidence to ensure the assertion of claim of damages. Claims of an adverse party are not to be approved.
5. Return of Vehicle
The vehicle has to be returned at the agreed time and location. The hirer has to return the vehicle in the same condition as received. The vehicle has to be refueled. Possible additional refuelment is at the expense of the hirer. The hirer must also bear the cost of returning the vehicle from an incorrect location.
The lessor may cancel the contract early e.g. terminate without notice, if the continuation of contract becomes unacceptable, especially in case of wrong statements regarding utilisation intention and time. The lessor’s statutory rights will not be affected.
7. Place of Performance and Jurisdiction
For all disputes resulting from this contract, federal German law has to be applied. Place of performance and jurisdiction is 45127 Essen.
8. Collateral Clause
Oral agreements do not exist. The only acceptable forms of amendment are to be written.
Stand Sept. 2012 CarCompare Christian Schulz e.K.
The General Terms & Conditions of German Freight Forwarders (ADSp 2017) of the DSLV (German Freight-Forwarding and Logistics Association), which are available to you here for download as a PDF document, shall also be applicable. Download ADSp 2017 (aprox. 1.0 MB).