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Mini excavators, trailers, traffic safety
Conditions
Please read the general terms and conditions carefully beforehand
Rental conditions for trailers, in addition to the terms and conditions
1. Rental price
The rental prices valid at the time of the rental, which can be viewed on the landlord's website, are generally considered to be the rental price. In the case of special tariffs, the rental price is based on the agreements in the rental agreement.
2. Payment terms
The entire rental price is to be paid in full when the trailer is picked up without any deductions. The landlord determines the choice of payment method. Before handing over the rental property, the landlord can request an additional deposit up to the value of the rental property. If a rental trailer invoice is credited and not paid within two weeks after the vehicle has been returned, the renter will be in default if this period is exceeded. After the occurrence of default, the tenant is liable for processing fees and default interest. This does not affect further claims of the lessor from default. Several tenants are jointly and severally liable.
3. Vehicle condition
The lessee must treat the vehicle with care and observe all regulations and technical rules that are relevant to its use. The tenant has to find out about this from the landlord before using the trailer. The lessee must regularly check the trailer to ensure that it is in a roadworthy condition and that the trailer is properly locked.
4. Accidents / theft
After an accident, theft, fire, damage from game or other damage, the tenant must immediately notify the police, call in and report the damage to the landlord immediately. This also applies to minor damage and accidents caused by yourself without the involvement of third parties. At the latest when the trailer is returned, the renter has to inform the lessor of the accident in writing of all details and with a complete accident report. The accident report must include the name and address of the persons involved and any witnesses, the full address of the person who caused the accident, the license plate number and the liability insurance. As a matter of principle, the tenant may not recognize opposing claims.
5. Liability of the lessor
The lessor's liability is limited to intent and gross negligence. In addition, the lessor is only liable for the respective rental trailer within the framework of the existing motor vehicle insurance. If the trailer causes damage to the towing vehicle, the lessor of the car trailer is not liable for this damage. The tenant has the right to prove to the landlord that the damage caused by the landlord was culpable (intent or gross negligence).
6. Liability of the lessee
The renter is liable according to the general liability rules if he damages the trailer or commits other culpable breaches of contract. In particular, the tenant has to return the trailer in the defect-free condition in which he took it over. The tenant's liability also extends to the incidental damage costs such as expert costs, towing costs, depreciation, loss of rent costs. The tenant has the right to prove to the landlord that the claim for damages is actually lower. Several tenants are jointly and severally liable. The renter is liable for all traffic and regulatory offenses during the period of actual possession of the trailer.
7. Use of the trailer
The trailer may only be driven by the renter, his employees or members of his family or the drivers specified in the rental agreement. The renter must independently check whether authorized drivers are in possession of a valid driver's license. The renter has to represent the actions of the respective driver like his own. All provisions of this contract that favor the tenant also apply in favor of the respective authorized driver. If the rental vehicle is not picked up by the renter himself, but by a driver authorized under the rental agreement or by a representative of the renter, the rental company reserves the right to claim against this person for outstanding claims that the renter does not settle. Before starting the journey, the renter must check the road safety of the trailer. If the tenant discovers defects, these must be reported in a written defect report. The road safety of the trailer must be checked regularly during the rental period. The renter must not overload the rented item, nor the permissible trailer load of the towing vehicle. The load must be properly secured and excessive loading must be avoided. Furthermore, the transport of any dangerous goods (regardless of their physical state) is prohibited. The renter is still obliged to adjust his speed in poor road conditions and to exercise caution. Parts on the trailer may only be exchanged and changed after consultation and approval of the lessor. The renter is prohibited from using the vehicle for motor sport events, for test purposes and for other illegal purposes, even if they are only prohibited by the law of the crime scene, and making it available to third parties. Trips outside the Federal Republic of Germany are only permitted with the prior written consent of the lessor.
8. Return of the trailer
The rental contract ends at the agreed time and can be extended within the framework of this contract with the prior consent of the landlord. The grace period for the return is one hour after the contractually agreed end of the rental period. The lessee is obliged to return the trailer to the lessor at the lessor's place of business at the end of the rental period. The return can only take place during the lessor's business hours, whereby the lessor must be notified in good time by telephone or in writing of any delayed return. The renter is obliged to return the trailer, including the associated vehicle documents and accessories, to the rental company. The parties to the rental agreement are entitled to terminate the rental agreement in accordance with the statutory provisions. The lessor can demand the immediate return of the trailer as well as the complete accessories and the vehicle registration certificate after termination.
9. Insurance
The insurance cover for the rented trailer is provided to the legal extent. Any insurance coverage agreed within the framework of the rental contract is void if the trailer is used contrary to the provisions under No. 7. The trailer is not fully insured.
10. Compensation
The lessor reserves the right to provide a replacement trailer if the rented trailer is not made available on time. If it is not possible for the landlord to provide a replacement trailer, the landlord is entitled to cancel the order. In this case, the tenant will receive any advance rent payment back. Any further claims for damages are excluded.
11. Reservation
Reservations are binding for the tariff selection, but not for the actual availability of the trailer type. All reservations are only to be regarded as binding after confirmation by the landlord.
12. Written form / withdrawal
The rental contract can only be agreed in writing. Oral side agreements are invalid. If individual clauses are ineffective, the remaining provisions of this contract remain unaffected. The tenant has the right to request the cancellation of the rental agreement before the agreed start of the rental period. If you wish to withdraw up to three days before the start of the rental period, the lessor can retain a maximum down payment of 20%. Thereafter, the rent can only be canceled until the agreed start of the rental period against payment of 40% of the agreed rental price.
13. Data protection clause
The following personal data of the tenant can be processed, saved, transmitted and used by the landlord in the IT: Name, address, telephone number of the tenant, as well as outstanding claims that the landlord has against the tenant. The above-mentioned personal data may be passed on to the following persons or companies: credit card companies, law firms, debt collection agencies, trailer manufacturers. According to the Federal Data Protection Act, data may only be passed on if this is necessary to safeguard the legitimate interests of the landlord or the above-mentioned persons and companies or the general public and the tenant's interests worthy of protection are not impaired as a result. This is particularly the case if the information provided at the time of rental is incorrect, the rented vehicle is not returned within 24 hours of the possibly extended rental period, means of payment given by the renter such as checks, bills of exchange, credit cards are not redeemed or protested and the Rental car invoice is not paid, the rented vehicle is stolen or damaged.
14. General provisions
All signers of the rental agreement, even if they identify themselves as representatives of the tenant, are jointly and severally liable in addition to the person, company or organization for whom the rental agreement was concluded. As a representative, the undersigned assures the conclusion of the rental agreement that they are authorized to take over and use the rental property. In the event of disputes about the interpretation of the rental agreement, the German text is authoritative and German law applies. Offsetting is excluded with the exception of undisputed and legally established claims.
15. Place of jurisdiction / place of performance
For all disputes arising from or about this contract, the locally competent local court of the landlord is agreed as the place of jurisdiction, provided that the tenant does not have a general place of jurisdiction in Germany or after conclusion of the contract, his domicile or habitual residence is not known at the time the action is brought or if the tenant is a registered trader or a legal person under public law or a public law special fund. The place of performance is the lessor's place of business.
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