• escooter.de
  • 🗲 eScooter eBikes eMobile since 1998 🗲 ℹ Holidays August 29. - September 09. ℹ

Rental contract ✎

We only rent out vehicles within Germany as we cannot collect the lithium batteries abroad.

If you want to rent the product with a German delivery adress you are welcome - here is the contract translated: 

Rental company: escooter.de Inh. Bernd Koschier, Adi-Maislinger-Str. 7, 81373 Munich, Germany

Hirer: see online order

General rental conditions

1. the conclusion of the binding rental contract:

1.1 Agreements or declarations which have only been made verbally, without written confirmation, by e-mail or SMS are in any case without legal effect. The conclusion of a rental contract for the vehicle can only be concluded by placing an order in our online shop (www.escootershop.de/vermietung) followed by an order confirmation.

1.2 The rental contract is concluded between the contracting parties. A transfer or assignment of the rights arising from the rental contract by the Hirer to other third parties is only possible with the express prior written consent of the Rental Firm.

1.3 The vehicle may not be made available for use by third parties without the prior written consent of the Rental Firm.

2 Termination, Cancellations:

2.1 Pursuant to § 580 a Abs 3 BGB, notice of termination may be given on any day with effect from the end of the following day.

2.2 In the case of rental agreements concluded for a limited period of time, the agreed rental period (dates) shall be binding on both parties and may only be extended or shortened by mutual agreement.

2.2.1 Termination or cancellation of the contract is mutually excluded, except in the case of good cause within the meaning of § 543 BGB.

2.2.2 The Hirer is obliged to return the vehicle to the Rental Firm at the latest by the specified time, taking into account the usual time tolerances. If the Hirer has collected the vehicle from the Rental Firm himself, he is obliged to return the vehicle to the Rental Firm. If collection by the Rental Firm has been agreed, the vehicle must be made available by the Hirer for collection at the agreed location at the specified time. If the return shipment is made by a shipping service provider (e.g. UPS, DPD etc.), the shipment must be made on the last day of the rental period, i.e. a handover receipt must be available.

2.2.3 The rental agreement is not automatically extended if the Hirer does not return the vehicle on time. In the event of a late return, the Rental Firm may demand compensation from the Hirer in accordance with § 546 BGB (German Civil Code) in the amount of the agreed rental price.

3 General duties of care of the Hirer, liability

3.1 From the time of handover, the Hirer is obliged to treat and use the vehicle in the same way as a reasonable owner who would take care to preserve its value would do. In particular, the Hirer is obliged at his own expense: - to secure the vehicle appropriately in extreme weather conditions (e.g. hail, storm, flooding, heavy snowfall); - to secure the vehicle appropriately at his own expense if there is a concern that it may be damaged by vandalism, for example by parking it in a secured garage; - if the indicator lights in the vehicle signal a problem, the Hirer is obliged to act in accordance with the instructions given for this in the operating manual for the vehicle.

3.2 The Hirer shall be liable without limitation for all damage to the vehicle resulting from a breach of the Hirer's duty of care in accordance with the above provisions. Insofar as damage is covered by the fully comprehensive insurance policy for the vehicle, however, this liability is limited to the amount of the agreed deductible.

3.3 The Hirer shall be liable for all damage caused to the vehicle as a result of improper handling or excessive use. The Hirer shall also be liable to the same extent, without any fault on his part, for damage caused by his co-drivers, assistants or family members or other third parties. This also applies if it is not possible to determine which person caused the damage or if the identity of a person or the perpetrator of the damage cannot be clarified.

3.4 With effect from the time of satisfaction of all claims for damages of the Lessor by the Lessee, the Lessor shall assign to the Lessee all claims for damages to which it may be entitled against third parties for the purpose of assertion.

3.5 If damage is discovered when the vehicle is returned, the cause of the damage and the Lessee's liability for the damage shall be presumed in accordance with the above provision, unless the Lessee proves that the damage was already present when the vehicle was taken over.

3.6 The Hirer shall also be obliged to compensate the Rental Firm for all consequential damage, in particular loss of rental income, if the vehicle cannot be re-rented or cannot be re-rented in good time as a result of damage caused by the Hirer, or if the Rental Firm cannot use the vehicle for its own purposes.

3.7 If the Lessor remedies the damage himself or has it remedied by his own employees, an hourly rate of EUR 55,- per hour worked per employee is hereby agreed as reasonable compensation.

4. if the contract ends due to termination without notice, the tenant shall remain obliged to pay the agreed rent until the time of termination. The parties mutually waive any further claims, in particular damages including compensation for consequential damages. This waiver shall not apply if the defect is caused by the Lessor's gross negligence or wilful misconduct.

5. traffic accidents, limitation of liability of the renter:

5.1 In the event of a traffic accident, insofar as it is not merely a dredging accident by which the usability of the vehicle is not significantly restricted, both parties are entitled to terminate the contract with immediate effect without notice.

5.2 If the contract ends as a result of termination without notice in accordance with clause

5.3. the Hirer shall remain obliged to pay the agreed rent until the date of termination. The parties mutually waive any further contractual claims, in particular damages including compensation for consequential damages. This waiver shall not apply on the part of the Lessor if the Lessee has caused the traffic accident through gross negligence or wilful intent or has breached his obligations under clause 5.3 below.

5.4 In the event of accidents (including those not involving third parties), fire, damage caused by game and other damage, the Hirer must immediately call in the local police and ensure that the course of the accident or damage is recorded, inform the Rental Firm, send the Rental Firm a detailed accident report with an attached accident sketch, in the event of accidents involving third parties, the registration numbers of the vehicles involved and their liability insurers and the names and addresses of the drivers and witnesses must be recorded.

5.5 In the event of all traffic accidents, the Hirer shall be liable for all accident-related damage to the Rental Firm, in particular repair costs or the costs of a replacement purchase and loss of use. However, the liability of the Hirer is limited to the amount of the excess of the Rental Firm according to the existing comprehensive insurance contract for the vehicle (see agreed amount of excess - page 2 of this Rental Contract). If the conduct of the Hirer after a traffic accident (e.g. hit-and-run), or the conduct of the Hirer which was the cause of the traffic accident, or any other breach of obligation by the Hirer leads to the hull insurance existing for the vehicle being able to invoke an exclusion of liability in the insurance contract vis-à-vis the Rental Firm, the Hirer shall be liable without limitation for all financial losses incurred by the Rental Firm. A limitation of the Hirer's liability in the amount of the excess shall not apply in this case.

6 Liability of the Lessor:

6.1 The Lessor may refuse performance insofar as this is impossible for the Lessor. This is particularly the case if the vehicle has been 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 in such a way that it is no longer fit for use, and a repair or replacement before the beginning of the rental period was no longer possible or would have required an expenditure which, taking into account the rental period and the agreed total rental price and the dictates of good faith, is grossly disproportionate to the Hirer's interest in performance. 5 RENTAL AGREEMENT VEHICLES

6.2 In the event of non-performance, claims for damages against the Lessor - irrespective of the legal grounds - are excluded, unless the Lessor is guilty of gross negligence or intent. The Lessor shall, however, be obliged to repay all payments received to the Lessee without delay. 6.3.

6.3 The Rental Firm shall not be liable for damage caused by the Hirer or passengers and co-users, unless the Rental Firm can be accused of gross negligence or wilful misconduct that caused the damage.

7. technical and optical modifications:

7.1 The Hirer may not make any technical modifications to the vehicle.

7.2 The Hirer is not authorised to make any optical changes to the vehicle, this includes in particular paintwork, stickers or adhesive films.

8. choice of law, place of jurisdiction, miscellaneous

 

8.1 The parties agree that German law shall apply to their mutual legal relationships arising from this rental agreement.

8.2 In the event that the Tenant does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on any legal disputes that may arise on the basis of this Tenancy Agreement or tenancy relationship. The court where the Lessor has its general place of jurisdiction shall have jurisdiction, unless the local court in which the leased property is located has exclusive jurisdiction.

8.3 If and to the extent that any provision of this Agreement is in breach of a mandatory statutory provision, the relevant statutory provision shall take its place.

Additions:

- Damage to the vehicle will be deducted from the deposit at material cost + repair cost. Damage to wear and tear and small parts (plates, brake pads, tyres etc.) are excluded.

- Small repairs: The renter's own work will not be reimbursed and other external services will only be carried out after consultation with the rental company (escooter.de).

- Late return will be charged with € 50 per day.

- The hirer must ensure that the batteries are charged. The batteries must not be deep discharged or stored empty!

- escooter.de is not liable for accidents and damages that occur during the test or rental phase.

- Vehicles have not been tested and prepared for use in public traffic and perfect technical safety cannot be guaranteed after dispatch; the borrower checks the vehicles for safety and functionality independently before putting them into operation. In particular, quick-release fasteners, braking devices, steering equipment, etc. must be checked independently for full functionality.

- It is the borrower's duty 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 ordinances and laws is the sole responsibility of the lessee. This applies in particular to compliance with road traffic laws when participating in public road traffic.

- The borrower checks how and where he can use the electric vehicle before putting it into operation. It is always advisable to practise on general terrain in a clear and safe environment until the vehicle can be steered safely. Only after safe handling (steering behaviour, braking behaviour and behaviour on difficult terrain) may the vehicle be used in public areas, taking into account the regional traffic laws.

- We recommend that you always wear a suitable helmet (depending on the vehicle type, integral eBike or bicycle helmet and body protection such as protectors) with all vehicles.

- In the event of failure / non-functionality or other adversity, the rental costs will not be refunded; in this case, the borrower can return the rental equipment prematurely. Return day = day of dispatch (proof of dispatch) or handover of the goods.

 

- The deposit will be returned promptly on return of the rented item in the same way as it was provided. In the case of bank transfer, please provide bank details for the return transfer.