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       General terms and conditions of renting a vehicle  
         
    Please download our GTC als PDF. In doubt, the PDF version is to be applied.    
         
   

1. General terms The company Classic Roadster Munich or an associated lessor rents out the vehicle specified in the rental agreement pursuant to the following terms and conditions which the lessee/user accepts upon entering into the rental agreement. The lessee/user declares that he is authorized to place an order and that he is willing and able to pay the total direct and indirect rental costs. The instructions of the lessor will have to be observed. Any violation will result in the immediate termination of the rental agreement. For lessee-drivers the following additional terms and conditions shall apply: The minimum age of a male lessee/user shall be 28 years, the male lessee having held a valid driving licence for no less than eight years. The minimum age of a female lessee/user shall be 26 years, the female lessee having held a valid driving licence for no less than six years.

A valid national driving licence has to be shown when renting the car.

2. Delivery of the vehicle The lessee/user receives the car with all its accessories and a refilled tank, in perfect and undamaged condition together with the vehicle registration papers.

3. Time limit of preclusion The lessee/user agrees to disclose obvious defects of the rented object immediately. Otherwise it will not be possible to assert any warranty claim or waiver of liability.

4. Use of the vehicle The vehicle is rented and let to the lessee/user personally. The explicit approval of the lessor will be required for:

  • Rides outside of the territory of the Federal Republic of Germany (possible only to Austria, Switzerland and Northern Italy);
  • letting the vehicle to a third person, in particular in case of a sudden illness ofthe lessee. Under no circumstances shall the vehicle:
  • be rented to a third person;
  • be used for rides to countries other than those mentioned above;
  • be used in races, or other motoring events to reach high speeds or time limits;
  • be used for the transport of goods other than the usual personal travel items.

5. Special custody of the vehicle As all vehicles are singular and precious specimen, special custody is incumbent on the lessee/user. The lessee/user will have to take good care of the vehicle and observe all provisions and technical instructions which may be important for the use of the vehicle including the periods of maintenance which are much shorter for an classic than for contemporary cars. The lessee/user will be liable for any wear and tear exceeding the normal use. Unless otherwise specified, supergrade gasoline of 98 RON and the addition of a lead-substituting additive is needed for all vehicles. Overnight parking in garage only

6. Cancellation The cancellation of a firm reservation will be charged with 25,00 EUR cancellation fee if made not later than 14 days prior to the beginning of the rental period. In case of a shorter cancellation of a firm reservation a fee of 50% of one daily rent of the respective price group and rental period will be charged. .
Transfer of a firm booking to a different date will be charged with 47,60 €. Cancellation of a firm booking will be charged with 50% of the rental fee, min. 99,00 €.

7. Conduct in case of loss In case of loss (accident, theft, other damage or defect) the lessee/user agrees to inform the lessor immediately and completely. In general, the following procedure shall apply:

In case of an accident the report will have to show the names and addresses of all persons involved and of any witnesses as well as the registration numbers of all vehicles involved. The place of the accident will have to be demonstrated by means of the camera lying in the vehicle. The lessee/user will have to arrange for the accident being recorded by the police. He is not authorized to admit any fault or guilt. If the vehicle has been stolen or damaged otherwise, all necessary records to be made by the police will have to be arranged for by the lessee/user immediately.

8 Return The lessee/user will have to return the vehicle on the day agreed, usually at the end of the rental period, in the same condition (gas refilled) as on receiving the vehicle, including all accessories and registration papers and at the place where the return has been agreed. If the vehicle is returned without having been refilled, the fuel and oil service will be charged in addition. In case of a late return, a rental price of a minimum of 6 hours will be charged in addition.

9. Terms of payment The lessor will accept payment in cash or by credit cards issued by American Express, MasterCard, or Visa. In case of payment in cash and before the vehicle is delivered, the lessor may ask for a prepayment up to the amount of the expected price, however, amounting to a minimum of 200.00 €. The remainder will have to be paid in cash upon the return of the vehicle. Otherwise, the amount unpaid will have to be paid not later than three days following the return of the vehicle. In case of payment in cash the amount of the own risk chosen will have to be deposited as a security in cash. The cost of gas will have to be paid by the lessee/user.

10. Default If the lessee/user is in default of payment, the lessor will have the right to charge a collection fee amounting to 10.00 € for each reminder and in addition default interest amounting to 10 % without further proof. If a collection agency is entrusted with the collection of the amounts due, the lessee/user will have to pay alone the costs arising therefrom.

11. Liability of the lessor Except for the violation of fundamental obligations of the contract, the lessor and his vicarious agents will only be liable for gross negligence (i.e. only for wilful fault or gross carelessness). Beyond such case he will only be liable as far as the damage can be covered by a motor-vehicle liability insurance within the scope of the General Terms and Conditions of the motor-vehicle insurance (AKB). Likewise, the lessor will be liable for any faults or problems of the car which obviously did not exist when the car was delivered as well as for any loss or damage arising therefrom only in case of gross negligence. In particular, the lessor will not be liable for the failure to comply with this agreement, if such failure arises from an unforeseen defect or accident of the car. Moreover, the lessor will not be liable for the failure to carry out an order, if the reason for the failure to carry out the order is due to a third person or local circumstances (e.g. traffic jam). All other warranty claims will be restricted to the right of touch up.

12. Liability of the lessee/user The lessee/user will be liable for all parking and traffic violations. In case of damage to the car or accidents caused by fault of the lessee/user, the lessee/user will have to pay the amount of the own risk up to a maximum of 5,000.00 €. The lessee/user shall be liable without any limitation for damage due to an accident, if he has caused such damage wilfully or by gross negligence or the damage has been caused by a restriction of the ability to drive due to alcohol or drugs. In case of a hit-and-run accident or a violation of the duties by the lessee/user arising from item 7 of these terms and conditions, the lessee/user shall also be liable without any limitation. The lessee/user shall be liable without any limitation for all damage arising from the use of the vehicle other than the use intended in this agreement - see item 4 above. In all other cases the provisions of the legal liability shall apply.

13. Insurance The legal liability insurance is included for all vehicles. In addition, a full comprehensive plus collision insurance with an own risk of € 5,000.00 has been concluded for all vehicles. On request, this own risk can be limited to € 1,500.00.

14. Limitation Limitation of claim for damages of the lessor because of a change or deterioration in the condition of the vehicle will begin when fine or criminal preliminary proceedings are instituted against the lessee/user, the lessor or his legal representative is granted inspection of the files, however, not later than six months following the return of the vehicle.

15. Preclusion clause Classic Roadster Munich explicitly reserves the right to refuse to enter into a contractual relationship.

16. Law and place of venue German law will apply. The UNCITRAL Sale of Goods Act (UN Sale of Goods Act) will be explicitly excluded. Place of venue for all parties involved will be Munich.

17. Separability clause If one or several clauses of these General Terms and Conditions of renting and using a vehicle should become void, the effectiveness of the other clauses will not be affected hereby.

18. Written arrangements Any arrangements other than those provided for in this agreement will have to be made in writing.

19. Modification of the General Terms and Conditions

Classic Roadster Munich explicitly reserves the right to modify these General Terms and Conditions at any time and without prior notice.

   
   
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