1. Conclusion of Contract
The contract is concluded by the landlord's written confirmation (also by email, exceptionally by telephone) to the tenant. We reserve the right to pay the rent in full for the entire rental period before the start of the rental and to have the necessary documents.
Travel abroad is only permitted with the express permission of the landlord.
2. Start and end of the Rental
All rents begin at the home of the rental company and end as soon as the car returns. If the rental is prevented or the rental is unexpectedly extended, the landlord company must be notified immediately. Cancellations that are reported 14 to 7 days before the start of the rental will be charged 50% of the rental price and will be reported 7 to 3 days before the start of the rental with 75% and which are reported 2 to 0 days before the start of the rental, calculated with 100% of the rental price. If the car is not returned after the agreed time, the lessee has to pay a surcharge of CHF 10.00 for every hour or part thereof. If the lessee only picks up the rental vehicle after the agreed time, the pro rata rent remains owed for the unused period. For less kilometers or –Time there is no reduction in the rental price. If the vehicle is returned late, the lessee also has to compensate for any damage and is also liable for coincidence.
3. Authorization to Drive the Rental Vehicle
Whoever is the tenant of the vehicle (at least 3 years) is in possession of a driver's license valid for the relevant category. The minimum age is 19 years. Only the lessee is authorized to drive the vehicle. Additional drivers may only drive the vehicle with the landlord's written consent. The lessee is obliged to present a valid ticket (possibly an international driver's license) and an official ID card (ID, passport, B / C permit, etc.) when taking over the vehicle. If one of these documents is not available when the vehicle is taken over, the lessor is entitled to refuse to hand over the vehicle without further notice. In this case, the landlord reserves the right to claim 33% of the rental price as damage for her expenses.
4. Rental Vehicle / Vehicle Handover
The vehicle delivery or rental start is only possible during the opening hours of the landlord. Deviating agreements with the landlord are reserved. In any case, a surcharge will be charged for handover outside opening hours. All fuel costs are borne by the tenant. The vehicle will be handed over to the tenant in a fully operational condition with full fuel. The vehicle must be returned with a full tank, along with the bill from where its filled , otherwise the lessor will refuel at the average market price for fuels plus a refueling fee of CHF 30.00 and will be fully charged to the lessee (or charged with a deposit). Refueling must take place at a petrol station within a 5 km radius of the landlord's headquarters.
5. Obligations of the tenant
The lessee and any additional drivers undertake to drive the vehicle with the greatest of care, in compliance with all applicable legal regulations, as well as to regularly check the oil, water and tire pressure levels and to refill them if necessary. In addition, it is especially forbidden to use the vehicle for races, skidding courses, driving courses, as a tow truck, as a towing vehicle or to toast or to transport dangerous (e.g. toxic or explosive) substances / objects. It is not permitted to sublet the vehicle. The lessee and any additional driver are obliged to comply with the weight and height restrictions at all times.
6. Obligations in the event of accident, damage, breakdowns, theft / loss, fire etc.
In the event of an accident, damage, theft / loss, fire, breakdown, damage caused by game or other damage to the vehicle, the lessee or any additional driver must immediately notify the lessor and do everything possible to clarify the facts and reduce the damage - which is necessary and useful. In particular, the police must be informed and consulted immediately in the event of an accident. This also applies to minor damage and self-inflicted accidents without the involvement of third parties. If the police refuse to record the accident, the lessee must immediately notify and demonstrate this to the lessor. The lessee and any additional driver are prohibited from fully or partially recognizing a claim against third parties, unless the refusal of recognition would obviously be grossly unfair in the circumstances. The tenant hereby authorizes the landlord to inspect the police and / or official files in the event of a claim.
7. Traffic violations
Until the vehicle is returned, the lessee and any additional driver are solely responsible for any violation of the law caused by the rented vehicle (at home and abroad). As the owner of the rented vehicle, the lessor is legally obliged to report the personal data of the vehicle driver or lessee to the authorities in the event of traffic violations. In this case, the tenant undertakes to pay the landlord a fee of CHF 30.00 for the administrative effort.
8. Lessor's limited liability
Any liability on the part of the lessor towards the lessee, any additional drivers / passengers and third parties for any type of contractual and / or non-contractual personal injury and / or property damage (especially financial damage) is expressly excluded (also for accident damage and delay due to breakdowns / Accidents or late delivery of the vehicle), including liability for indirect and / or indirect damage, for lost profit, consequential damage, delay damage, missed connections and opportunities to conclude a transaction, etc. The lessor is also not liable for damage in the sense of this Determination of what was caused by your assistant.
9. Liability of the lessee
The lessee is liable, regardless of fault, up to the amount of CHF 2,000.00 (deductible) for all damage incurred by the lessor (in particular also for tire and glass damage) and expenses. Any third-party benefits (e.g. insurance from other parties involved in the accident) will be taken into account. Damage and expenses include, in particular, but not only, vehicle damage or current value in the event of theft / loss, inferior value, transport (including internal transport), expertise, damage and repair treatment, vehicle failure / loss of use / lost rental income (50% of the daily rental price per day, flat rate for 10 days), insurance deductible, processing fee of CHF 125.00, loss of bonus etc. The tenant is liable as long as until the landlord confirms that it is free of damage. If the return takes place outside of the opening hours or not at the agreed place, the tenant is liable until the damage-free condition is confirmed.
Irrespective of the agreement of a limitation of liability (in the present case CHF 2,000.00), the tenant is liable without limitation for all damage as a result of deliberate or grossly negligent behavior. This includes in particular, but not exclusively, damage that arises: from refueling with the wrong fuel, failure to observe the maximum heights when entering a garage, underpasses, tunnels, etc.; careless loading of ski racks and other things, careless handling of the vehicle and the interior of the vehicle, journeys off the road, damage / accident due to excessive speed and generally careless handling, inadequate maintenance during the rental relationship, manipulation of vehicle and parts, etc.
Any necessary repairs must always be carried out by a workshop specified by the landlord. No repairs or changes to the rental car may be made without the landlord's consent. However, if urgent repairs have to be carried out abroad, the landlord must be informed immediately. The landlord reimburses the repair costs on presentation of the receipt. Exceptions are those cases in which the tenant is responsible for the costs based on these terms and conditions, law and / or contract. Exchanged parts must in any case be transferred from the tenant to the landlord. Otherwise the cost of the repair will be borne by the tenant. The landlord is entitled to determine the causes of the breakdown to have an expert opinion drawn up. If the lessee is at fault, the lessee undertakes to cover the costs of the report.
11. Applicable law and place of jurisdiction
Swiss law is exclusively applicable to the rental agreement, excluding international private law. The place of jurisdiction for all disputes between the lessee and additional driver on the one hand and the lessor on the other hand in connection with the tenancy is Burgdorf / BE.
12. Nullity or partial nullity
Partial or complete nullity or invalidity of one or more provisions of the contract, including these terms and conditions, do not affect the validity of the remaining provisions. Any invalid or invalid provisions are to be replaced when applying the contract by those that come as close as possible to the purpose of the invalid provisions.
13. Male / female form
The male form chosen in these terms and conditions and in the contract also applies to female persons and vice versa.