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Rental contract

AUTOMATIC TRANSLATION - not legally binding - for official version just German language available at the moment.

Owner: escooter.de Owner: Bernd Koschier, Adi-Maislinger-Str. 7, 81373 Munich

 

Lease holder: see online order

 

General conditions of rental

 

1. Completion of the binding rental contract:

 

1.1. Agreements or declarations, which have been made only verbally, without written confirmation, by e-mail or SMS, are in any case without legal effect. The conclusion of a rental agreement via the vehicle can only be concluded by means of an order in our Onlineshop (www.escootershop.de/vermietung) with subsequent order confirmation.

 

1.2. The lease agreement is concluded between the contracting parties. A transfer or assignment of the rights from the tenant to other third parties is only possible with the prior written consent of the landlord.

 

1.3. The vehicle may not be left to third parties for use without the prior written consent of the lessor.

 

2. Cancellation, Cancellations:

 

2.1 The termination may be pronounced on the day after the expiration of the following day in accordance with § 580 a Abs 3 BGB (German Civil Code).

 

2.2. In the case of rental contracts concluded for a limited period, the agreed rental period (dates) is binding for both parties; it can only be extended or shortened by mutual agreement.

 

2.2.1 A termination or cancellation of the contract is excluded at the Sine of § 543 German Civil Code (BGB), unless there is an important reason.

 

2.2.2. The hirer is obliged to return the vehicle to the landlord at the specified time, taking into account the usual time limits. If the tenant has picked up the vehicle himself at the landlord, he is obliged to return the vehicle to the landlord. If collection is agreed upon by the lessor, the vehicle must be provided by the tenant at the specified time for collection at the agreed place.

 

2.2.3. The tenancy does not extend automatically if the tenant does not hand over the vehicle in a timely manner. In the event of a late return the landlord may demand compensation from the tenant in accordance with § 546 BGB in the amount of the agreed rent.

 

3. General obligations of the lessee, liability

 

3.1. The hirer is obliged to treat and use the vehicle as from the date of handover, as would be the responsibility of an intelligent owner. In particular, the renter is obliged to: - Secure the vehicle in extreme weather conditions (for example, hail, storm, flood, heavy snowfall); - To secure the vehicle at its own expense in the event of damage caused by vandalism, for example by parking in a designated garage; for example, by parking in a designated garage; - If the control signals in the vehicle indicate a problem, the tenant is obliged to behave according to the instructions given in the operating instructions for the vehicle.

 

3.2. The hirer is liable for all damage to the vehicle that is caused by an infringement of his / her obligations under the above regulations. However, insofar as a damage is assumed by the full comprehensive insurance cover for the vehicle, this is limited to the amount of the agreed self-assessment.

 

3.3. The hirer is liable for all damages resulting from improper handling or excessive stress on the vehicle. The lessee is also liable to the same extent without fault for damages caused by his co-driver, helper or family members or other third parties. This also applies if it is not possible to ascertain which person has caused a damage, or the identity of a person or of the damage producer can not be clarified.

 

3.4. With effect from the time of the satisfaction of all damages claims by the lessor by the tenant, the landlord shall indemnify all third party claims against him for the purpose of assertion to the tenant.

 

3.5. If a damage is found at the time of the return of the vehicle, the damage caused and the liability for the damage of the hirer are presumed according to the above regulation, unless the hirer proves that the damage already existed during the takeover of the vehicle.

 

3.6. The lessee is obliged to compensate the landlord for any damage to the property, in particular the rent loss, if the vehicle can not be rented or can not be rented in time due to a damage caused by the tenant, or the landlord can not use it for his own purposes.

 

3.7. If the landlord assumes the damage elimination himself or by his own employees, an hourly rate per hour worked per employee of EUR 55, - is agreed as a reasonable substitute service.

 

4. If the contract terminates due to a termination without notice, the tenant shall be obliged to pay the agreed rent up to the time of the termination. The parties waive any reciprocal action for any further claims which may arise, in particular damages, including the replacement of defects. This waiver does not apply if the defect is grossly negligent or deliberate for the landlord.

 

5. Traffic accidents, limitation of liability of the tenant:

 

5.1. In the event of a traffic accident, if it is not only a baggage accident which does not significantly restrict the usability of the vehicle, both parties are entitled to terminate the contract with immediate effect without notice.

 

5.2. If the contract ends due to termination without notice in accordance with section

 

5.3. the tenant shall be obliged to pay the agreed rent up to the time of the termination. The parties do not waive any further contractual claims, in particular damages, including the replacement of defects. This waiver does not apply to the landlord if the tenant has caused the traffic accident by gross negligence or willful intent, or his obligations to fulfill obligations pursuant to section 5.3. down.

 

5.4. In the case of accidents (even without third party participation), fire, wild injuries and other damages, the hirer must immediately contact the local police and arrange for the accident or damage to be taken, notify the lessor of the accident and provide the owner with a detailed accident report with accompanying accident sketch in the case of accidents with a third party's participation, the characteristics of the vehicles involved and their liability insurance and the names and addresses of the drivers and witnesses shall be recorded.

 

5.5. In the case of all traffic accidents the hirer is liable for all accidental damage caused by the lessor, in particular repair costs or the costs of replacement procurement and loss of use. The liability of the hirer is, however, restricted to the amount of the lessor's own interest according to the hull insurance contract for the vehicle (see agreed amount of the self-participation - page 2 of this rental contract). If the behavior of the hirer after a traffic accident (eg accident), or the behavior of the hirer causing the traffic accident, or any other breach of obligations by the hirer, is that the hull insurance applicable to the vehicle is based on the exclusion of liability in the insurance contract the tenant is liable without limitation for all property losses of the landlord. A liability limitation of the tenant in the amount of the self-participation does not occur in this case.

 

6. Liability of the lessor:

 

6.1. The landlord can refuse the service, as far as this is impossible for the landlord. This is particularly the case if the vehicle was damaged before the beginning of the rental period by a traffic accident or as a result of force majeure in the case of natural events, so that it is no longer usable, and a repair or replacement procurement was no longer possible before the beginning of the rental period which, in consideration of the rental period and the agreed total rental price and the bids of good faith, is in a gross disproportion to the tenant's interest in the tenant. 5 RENTING VEHICLES

 

6.2. In the event of non-performance, claims for damages against the lessor are excluded, irrespective of the legal basis, unless the landlord is guilty of gross negligence or intent. However, the landlord is obliged to repay all payments received to the tenant immediately.

 

6.3. The landlord is not liable for damage to the renter or co-user, unless the landlord is guilty of gross negligence or willful misconduct.

 

7. Technical and optical modifications:

 

7.1. The hirer is not allowed to make any technical changes to the vehicle.

 

7.2. The renter is not authorized to alter the vehicle visually, in particular varnishes, stickers or adhesive foils.

 

8. Choice of law, jurisdiction, other

 

8.1 The parties agree on the validity of German law for their mutual legal relations from this lease.

 

8.2. In the event that the lessee does not have a general court in Germany, the parties agree that the jurisdiction of German courts for the ruling of disputes arising from this rental agreement or tenancy agreement. The court in which the landlord has his general court of jurisdiction is the competent court, unless the district court is exclusively responsible for the rented accommodation.

 

8.3. If and to the extent that one of the provisions of this contract contravenes a mandatory statutory provision, the corresponding statutory regulation takes precedence.

 

Additions:

 

- Damage to the vehicle is deducted from the deposit to material costs + repair costs. Damage to wear and small parts (plates, brake pads, tires, etc.) are excluded.

 

- Small repairs: Own services of the hirer are not remunerated and other services of external only after consultation with the landlord (escooter.de)

 

- Late return is charged with € 50 per day.

 

- The borrower is paying attention to charged batteries. The batteries must not be stored deep or empty!

 

- escooter.de is not liable for accidents and damage during the test or rental period.

 

- vehicles are not tested for use in public transport and perfect technical safety can not be guaranteed after shipment; the borrower checks the vehicles for safety and functionality independently before commissioning. Specially quick-release fasteners, brake devices, steering device, etc. must be tested independently for full functionality.

 

- It obliges the borrower to inform himself about the regional conditions of use of such electric vehicles and to comply with the laws and regulations! Compliance with existing legal regulations and laws is the sole responsibility of the tenant. This applies, in particular, to compliance with road traffic laws when participating in public road transport.

 

- The borrower checks how and where he can use the electric vehicle before commissioning. It is always advisable to practice in a safe and safe environment before use on a general terrain until a safe control of the vehicle is ensured. Only in the case of safe handling (steering behavior, braking behavior and behavior on difficult terrain) may the vehicle be used in the public area, taking into account regional traffic laws.

 

- We recommend wearing a helmet (depending on the type of vehicle integral e-bike or bicycle helmet and body protector as well as protectors) on all vehicles

 

- In case of failure / non-functionality or other adversities, the rental costs will not be refunded; the borrower can return the loaner prematurely in this case. Return day = date of delivery (forwarding proof) or delivery of the goods.

 

 

- The deposit will be refunded promptly in the same way as returned. For bank transfer, please provide bank details for the return transfer.

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