Terms and Conditions – Rental Conditions for Vehicle Rentals – the FASSBENDER TENTEN GmbH & Co. KG
Valid at the 13 locations Alfter , Ahrweiler , Blankenheim , Bonn , Düsseldorf - Heerdt , Düsseldorf - Lierenfeld , Godesberg , Cologne- Bickendorf , Cologne- Zollstock , Königswinter , Rheinbach and Zülpich
1. Definition
The designations FASSBENDER TENTEN / MIETPARTNER / LANDLORD indicates the landlord as stated on the first page of the rental agreement. The rental agreement contains a summary of the rental details and conditions, as well as the rental fees. By signing this agreement, you confirm the accuracy of the information and your agreement to our rental conditions.
These rental conditions for vehicle rentals supplement the general terms and conditions for rentals via Mietpartner
2. Rental Fees
(1) The rental fees consist of an hourly or daily rate and other optional services.
(2) Each tariff includes a limited number of free kilometers. Mileage beyond this limit will be billed upon return at a vehicle group-specific additional mileage fee, which is stated in the rental agreement. Neither the free kilometers nor the additional mileage fee include the cost of operating materials (diesel, AdBlue). Refueling will be charged by the daily refueling service. Ltr . will be invoiced. We charge €1.00 plus VAT for AdBlue per 100 km.
(3) One-way fees will be charged for drop-off at a location other than the one rented, which will be contractually determined at the time of rental.
3. Takeover of the vehicle / rental deposit
(1) The vehicle will be handed over to the lessee with a full fuel tank and, insofar as vehicles are equipped with an AdBlue® tank (AdBlue is a licensed cleaning fluid for exhaust aftertreatment in diesel vehicles), with an AdBlue® tank sufficiently filled for the free kilometers.
(2) The lessee/driver is obliged to check the condition of the vehicle when taking it over for the tank condition, the mileage and the damage recognizable with the application of usual care. Any damage must be noted in the vehicle condition report by the lessor and the condition report must be signed by the lessee and lessor. Damage reported after departure can no longer be taken into account than was the case when the vehicle was picked up.
(3) At the beginning of the rental period and each time the rental agreement is extended, the tenant must pay a deposit in addition to the rental price. Settlement amounts and other costs incurred in connection with the rental, such as damage, refuelling, additional kilometers etc. can be offset against this deposit. Instead of a cash deposit, a deposit can also be paid from the credit line that has been granted to the lessee via a customer account set up for him by the lessor. The security deposit will be refunded or the blocking will be lifted after a reasonable examination period has expired and provided that it is clear that there are no claims for which the rental security deposit is liable.
(4) The Lessor is neither obliged to pay interest on the security deposit nor to keep it separate from its assets. The landlady can also assert its claim to the provision of security during the tenancy. In this case, the security deposit becomes due upon receipt of the request for payment.
4. Documents to be submitted / Authorized drivers / Ban on transfer of use to third parties
(1) When the vehicle is handed over, the lessee / authorized driver must present a driving license that is required to drive the vehicle and is valid in Germany, and the lessee must also present a valid identity card or passport (in conjunction with proof of residence) in the original. The vehicle may only be driven by the lessee or by a driver entered in the rental agreement. Additional drivers can be authorized for a fee upon presentation of the original driver's license. Deviating agreements must be in text form. Each driver of the vehicle must have the required and valid driver's license in Germany and meet the minimum requirements for the rental in terms of age and length of driving license ownership.
(2). Minimum rental age is 21 years old, which can be reduced to 19 years old for certain vehicle groups for a fee.
(3) If a representative acts on behalf of the lessee, instead of the identification documents of the lessee mentioned in paragraph 1, he must present his own identification documents and a written power of attorney from the person he is representing, or he must be entered in the accounts receivable system as the person authorized to collect. If the representative acts in legal or voluntary representation for a legal person, another company or a corporation with its own legal personality, the obligation to present identification documents of the renter does not apply.
(4) The transfer of the vehicle to other third parties, in particular a further rental, is not permitted. Driving the vehicle by unauthorized drivers may result in the loss of an agreed limitation of liability. In any case, however, it leads to the liability of the lessee for any damage caused by the third party through the use of the rental vehicle, unless this would have occurred anyway.
5. Use of Vehicle
(1) The vehicle may only be used on public roads, but not for off-road driving and driving school exercises. Overloading and other improper use is not permitted. The transport of hazardous substances as defined by the Road Hazardous Goods Ordinance (GGVS) is prohibited.
(2) The vehicle manufacturer's operating instructions - also with regard to the prescribed fuel - must be observed, as must the statutory provisions applicable to the use of the vehicle, in particular the application of proper load securing measures. This also applies to the transport and accompanying papers and all documents belonging to the vehicle.
(3) Our rental vehicles are non-smoking vehicles. Violation of the smoking ban will result in a fine of €50. Euro plus VAT will be charged.
(4) An additional cleaning fee is due if the vehicle cannot be brought into an acceptable rentable condition through normal cleaning work (standard cleaning). The calculation is based on effort.
6. Parking the vehicle
As long as the vehicle is not in use, all parts of it must be kept locked and the steering wheel lock must be engaged. When leaving the vehicle, the renter/driver must take all vehicle keys and vehicle documents with them and keep them out of the reach of unauthorized persons. Furthermore, any special legal or official regulations for the parking of vehicles must be observed.
7. Use Abroad
In principle, the renter is not permitted to drive the vehicle to other / also European countries.
8. Return of the vehicle
(1) The return of the vehicle is only possible during the opening hours of the respective branch. The lessee must properly return the vehicle and all accessories to the agreed branch by the agreed time at the latest. A return to a different location / branch than agreed is not permitted. If no agreement has been reached, the vehicle must be returned to the branch where it was picked up.
(2) Upon return, a copy of the last fuel receipt must be presented. Failure to present this receipt will result in the lessor being entitled to charge a sum of up to €20. Euro plus VAT for any shortfalls.
(3) An extension of the rental contract is only possible with the express consent of the landlord. If the lessee continues to use the rental property after the rental period has expired, the rental relationship is not considered to be extended. § 545 BGB does not apply. After the agreed rental period has expired, the lessor is entitled to the statutory claims for compensation for use for the duration of the withholding. At the end of the rental period, the comprehensive insurance expires . In the case of cash payment / electronic payment transactions, an extension is only possible in person on site by increasing the rental deposit.
(4) If there is an important reason, the lessor is entitled to extraordinarily terminate the rental agreement without notice and to demand the return of the vehicle at a certain point in time or immediately. In the event of non-compliance, the lessor reserves the right to file a criminal complaint and have the vehicle seized by the police.
(5) The rental fees are usually calculated on the basis of a daily rate (24-hour period). In the event of a late return, an additional day will be charged at the applicable standard rate at the beginning of each additional 24-hour period. If an hourly rate is returned late, the daily rate will be calculated after exceeding 4 hours. The grace period that we allow for delays is a maximum of 15 minutes for hourly rates. For daily rates, a maximum of 30 minutes.
9. Obligations of the renter / driver in case of damage, theft or breakdown
(1) In the event of damage, the lessee / driver is obliged to ensure that - after on-site protection and the provision of first aid - all measures necessary to reduce damage and preserve evidence are taken, in particular that
- a) the police are called in immediately,
- b) for forwarding to Fassbender Tenten the names and addresses of those involved in the accident and witnesses as well as the license plate numbers of the vehicles involved are noted and a sketch is made along with a description of the damage,
- c) on pages FASSBENDER TENTEN – in the name of the landlord – no acknowledgement of debt is made and
- d) adequate safety precautions are taken for the vehicle.
The lessee / driver may not leave the scene of the accident as long as he has not fulfilled his obligation to clarify what happened and to establish the necessary facts (§142 StGB / accident escape).
If the vehicle, vehicle parts or accessories are stolen or if damage is detected (vandalism), the lessee/driver must immediately report the matter to the responsible police station. Witnesses must be named for the original parking of the vehicle and a corresponding sketch must be made.
(2) The renter / driver is obliged to report any damage immediately and personally to FASSBENDER TENTEN – on the insurer's claim form – must be reported completely and truthfully. Police certificates must be enclosed. In case of vehicle theft, the renter/driver is obliged to hand over the vehicle keys and vehicle documents to FASSBENDER TENTEN to hand over.
The renter/driver is also obliged to FASSBENDER TENTEN and to support the vehicle insurer with all necessary information.
(3) If, in the event of a breakdown, the safe operation of the vehicle is no longer guaranteed or its use is impaired, the lessee must take appropriate safety precautions and immediately contact the FASSBENDER TENTEN -Branch to coordinate further details or to protect the interests of the landlord as best as possible outside of opening hours.
(4) Vehicle repairs/maintenance during the rental period must be approved in writing by the lessor prior to being commissioned.
10. Hirer Liability
(1) In the event of damage to the rental vehicle, loss of vehicle and other violations of the rental contract, the renter is generally liable according to the general liability rules. If a liability reduction based on the model of comprehensive insurance is agreed with the lessee (section 11 ff.) and the lessee has paid the fee owed for this when it is due, the lessee and the authorized drivers included in the scope of protection of the contractual liability reduction are liable per case of damage up to the amount the agreed deductible. The deductible per case of damage, which the renter has to bear, is stated in the rental agreement. A retrospective agreement on a reduction in liability is excluded.
(2) If the damage referred to in paragraph 1 was caused by the lessee/driver through gross negligence or willful misconduct, or if damage to another item belonging to the lessor that is not covered by the existing liability insurance for the vehicle was caused by gross negligence, or if the lessee or If the contractual obligation to be fulfilled by the driver, in particular according to Section 9, is violated through gross negligence, the Lessor is entitled to claim against the party liable for compensation in proportion to the severity of their fault beyond the agreed reduction in liability, unless in the case of the breach of obligation was the reproachable act or the reproachable omission is not the cause of the occurrence of the damage or its scope.
(3) Furthermore, the lessee and his vicarious agents are liable without limitation for violations of statutory provisions, in particular traffic and regulatory regulations, committed by them during the rental period, even if a reduction in liability has been agreed.
(4) Liability extends to any truck tolls, towing costs, expert fees, loss of rental income, loss of value of the vehicle, proportional administrative costs and other costs – if incurred. Evidence to the contrary is expressly permitted that such damage was FASSBENDER TENTEN has not occurred. With regard to the loss of value of the vehicle, the renter is only liable to the extent that the loss of value exceeds the loss resulting from the contractually agreed use.
(5) If the vehicle is entrusted to authorized third parties, the renter is liable for compliance with the provisions of this rental agreement and the conduct of the third party(ies) as if it were his/her own actions. The renter is fully responsible for the consequences of traffic violations or criminal offenses discovered in connection with the rented vehicle and is liable FASSBENDER TENTEN for any fees or other costs incurred. FASSBENDER TENTEN is obliged to name the renter/driver to the authorities in such a case.
(6) For the administrative costs incurred in connection with the designation / communication with authorities, a processing fee of EUR 20 per transaction / traffic violation will be charged. Euro plus VAT will be charged.
11. Waiver of Liability
Subject to clause 12, the lessee can reduce his liability according to clause 10 (except in the cases mentioned there) by agreement. Details on this are regulated in point 13.
12. Waiver of Liability Reduction
(1) The reduction of liability pursuant to clause 11 shall not apply if the renter/driver violates one or more of the provisions listed in clauses 4-9. This applies in particular to intentional violations of these provisions. In the case of negligent violations of these provisions, a reduction of liability shall be made in proportion to the fault. This shall also apply in particular if, in the event of an accident – whether with or without the involvement of third parties – the police were not called in , so that FASSBENDER TENTEN the possibility of objectively clarifying the damage case is taken away.
(2) Despite the agreement of a reduction in liability, the lessee is fully liable for all damage to the superstructure of the rented vehicle, in particular in the event of non-observance of the clearance height or width, as well as for damage resulting from improper loading and unloading, overloading or the load and its are due to defective security.
13. Insurance
The rental price includes motor vehicle liability insurance, at least to the extent required by law in the country of registration of the vehicle. This does not cover items in or on the vehicle. Additionally, the rental price includes fully comprehensive insurance with a vehicle-group-dependent deductible (SB) of between €1,000. Euro up to 2,500 Euro per claim. However, if the damage is actually less than 1,000 Euro this lower amount plus a processing fee of €50.00 plus VAT will be charged to the tenant.
14. Tire damage
If tire damage occurs during the rental period (e.g. due to run-in parts), which is not solely due to the operation of the vehicle, any tire repair costs incurred or, depending on the case, the costs for one or more replacement tires (always the same make as the remaining tires on the vehicle) at the expense of the lessee. Optionally, a reduction in liability can be agreed for a fee.
15. Renter's Obligation to Pay
The renter is obliged to return the vehicle to FASSBENDER TENTEN to pay the total amount, which consists of the individual items shown in the rental agreement as well as any additional costs for additional days, additional kilometers, refueling, special cleaning, tolls, etc.
Payment can be made from the balance or the credit limit of a customer account set up for the tenant with the landlord
16. Liability of FASSBENDER TENTEN
(1) The lessor is liable - except for damage resulting from injury to life, limb or health - for damage to the lessee, regardless of the facts or the legal basis (e.g. default, breach of contract, tort, culpa in contrahendo ), in particular with regard to any consequential damage and claims by third parties, only in the case of intentional or grossly negligent action by the lessor or one of its vicarious agents in accordance with the statutory provisions. No-fault guarantee liability of the lessor according to § 536a paragraph 1 BGB for material defects existing at the time of the conclusion of the rental contract is excluded.
In addition, reference is made to Section 4 of the General Terms and Conditions for Rentals via Mietpartner is referred to.
(2) The Lessor is not obliged to store objects that the Lessee left behind in the vehicle when it was returned. In this respect, it is also only liable for intent and gross negligence
17. Privacy
The tenant agrees that his personal data, insofar as they are necessary for the transaction, may be processed by FASSBENDER TENTEN and the other companies of the FASSBENDER - TENTEN Group (available at fassbender tenten . For security reasons, parts of our vehicle fleet are equipped with GPS transmitters, which allow a limited group of people to locate and track the vehicles as needed. The renter further agrees that his personal data may be used for the purpose of sending information about the services of companies in the Fassbender - Tenten group are stored and transmitted.
Status 07/2022