The customer accepts the following rental conditions in the case of a rental
The Lessee undertakes to treat the vehicle appropriately and carefully according to the operating instructions and to maintain it in a roadworthy condition. The rental fee constitutes a free of charge right of use of the Lessor. If the Lessee is unable to use the vehicle for any reason, he has no right to compensation for inability to use the vehicle. Pledging, chattel mortgaging or another ordinance by the Lessee is not permitted. The Lessee undertakes to notify the Lessor without delay to preserve his ownership rights from any interventions by third parties into the rights of the Lessor by way of foreclosure. The Lessee has no right of retention to the vehicle as a result of any claims against the Lessor for any reason whatsoever. Offences (exceeding the speed limit, parking ban, etc.) committed during the rental period must be notified and paid for by the Lessee.
2. Return of the vehicle
The rental contract commences with handover of the vehicle on the agreed date and ends with return of the vehicle. The rental agreement can be terminated without notice by the Lessor at any time without specifying reasons. An extension to the rental period can be agreed under certain circumstances. The handover and return of the motor vehicle must be documented in writing by both parties respectively. The vehicle must be returned to the agreed location. The Lessee undertakes to return the vehicle in an impeccable condition at the end of the contract. If the Lessee does not fulfill this obligation, he will be debited accordingly.
3. Authorized driver
The vehicle may only be driven by the Lessee himself. If the vehicle is used for chauffeur services, following prior agreement with the Lessor the vehicle may also be driven by third parties commissioned by the Lessee. For health reasons or to maintain driving safety, every authorized driver may be temporarily substituted by a third party. The pre-requisite for every driver is always possession of a valid driving license. In any case, a detailed briefing regarding the vehicle must also be undertaken. The Lessee is obliged to notify the names and addresses of all drivers of the vehicle at the request of the Lessor, insofar as these are not stated in the handover contract itself. In the case of doubt, use is accepted by the Lessee stated in the handover contract.
4. Prohibited uses, entry restrictions
Use of the vehicle is only permitted within the scope of the agreed purpose of use. The following uses of the vehicle are prohibited in particular a.) participation in motorsports events and vehicle tests, b.) conveyance of readily inflammable, toxic or otherwise hazardous substances, c.) the commission of customs offences and other criminal offences, even if there is only a threatened penalty according to the right of the crime scene, d.) leasing. If the vehicle has demonstrably been rented for amusement, information or similar purposes, under the pretense of an intention to buy, the Lessor reserves the right to report the matter to the authorities due to deliberate deception (acquisition of a foreign object under the pretense of incorrect facts). In demonstrable cases, all kilometers driven by the Lessee are also invoiced according to the advance kilometer flat rate fee.
The Lessor is entitled to demand a deposit amounting to CHF 2'000 for the possible case of damage, loss or theft of the vehicle in addition to the provisional rental fee at the latest on vehicle handover. The deposit is reimbursed to the Lessee on the return of the vehicle or credited or, in the case of damage, loss or theft, it is settled together with any compensation claims of the Lessor. If the vehicle needs to be repaired in a garage as a result of event for which the Lessee is liable, half of the repair time is invoiced as rent. This is due to the fact that the vehicle cannot be leased to third parties during this time.
6. Conduct in the case of accidents
The Hirer must notify the Police immediately after accident, fire, theft, damage caused by game or other damage. This also applies to accidents for which the Lessee is liable which do not involve third parties. Third-party claims may not be recognized. The Lessee must even report cases of minor damage to the Lessor without delay. The accident report must contain in particular the name and address of the persons involved and any witnesses and the registration plates of the vehicles involved.
7. Liability of the Lessee
Liability insurance and passenger accident insurance exists for the vehicle. Liability exemption applies to the Lessee in the case of damage to the vehicle according to the principles of fully comprehensive insurance with the excess stated in the handover contract which is individually determined by the Lessor. The liability exemption does not provide exemption from the obligations in Figures 2, 3 and 5 of these conditions. The Lessee shall be fully liable in the case of violation of the contractual obligations, in particular for damage arising from use by an unauthorized driver (Fig. 3) or for a prohibited purpose (Fig. 4). If the Lessee has fled the scene of an accident or violated his obligations according to Figure 6, he shall also be fully liable unless the violation has no impact on ascertainment of the damage event. Furthermore, the Lessee shall be fully liable in the case of intentional or grossly negligent causation of the damage, especially in the case of unfitness to drive caused by alcohol and for damage arising due to the cargo or improper operation. The Lessee is liable for all damage caused to the vehicle with the exception of the warranty. Furthermore, the Lessee shall be liable for any damage and all costs caused by use of the vehicle, if not covered by insurance. If third parties assert claims against the Lessor due to such damage or such costs, the Lessee shall release the Lessor from these claims. The Lessee is liable for all fees, duties, fines and penalties incurred in conjunction with use of the vehicle for which the vehicle keeper is held liable, unless caused by the fault of the vehicle keeper. The Lessee must familiarize himself with the state of the vehicle prior to the start of the trip. Any damage (scratches, stone chippings, dents, etc.) must be marked on the attached "condition form". After return of the vehicle, the Lessor and the Lessee together familiarize themselves that the vehicle is returned in the same state as for the previous inspection. Ascertained changes / damage are borne by the Lessee according to the agreed personal contribution or deposit. For serious damages there will be a fee of CHF 1'000 per incident that will be charged or deducted from the deposit.
8. Rental prices
The current rental prices of the different vehicles can be found here: Price list
9. Cancellation conditions
Cancellation is possible without incurring costs up to 48 hours before the start of the rental. Half of the rental price must be paid if cancellation is made within 48 hours and the full rental price must be paid if cancellation is made within 24 hours.
10. Other agreements
Amendments or supplements to this transfer agreement must take the written form. In the case of ineffectiveness or unenforceability of individual clauses of this contract, this shall not affect the validity of the remaining contractual clauses. The contractual partners shall replace the ineffective clause with a regulation corresponding to the legal and economic purpose of this contract within reasonable bounds in good faith. The place of jurisdiction is Lenzburg.
Last updated: 10/2018