HUMMER OffRoad

Standard Renting Terms and Business Conditions of Perfection-Rent UG, HUMMER-Group, -Advertisement, -2-Rent

Diese Übersetzung dient zur Hilfestellung und hat keine rechtliche Verbindlichkeit, auch NICHT auf vollständigkeit gegenüber den geltenden deutschen AGB´s - es gelten ausschliesslich die deutschsprachigen AGB´s

A: Conditions of Vehicle / Repairings

1. The client is obligated to handle the vehicle professional and with consideration. All instructions and technical rules, espscially checking the oil level of the engine and paying regard to due inspections have to be respected and controlled on a regular basis, checking if the vehicle is in a roadworthy condition and the proper locking of the vehicle. Smoking is not allowed in the rented vehicle. Eating and drinking is not allowed in the rented vehicle. Transporting animals and pets or strong smelling loading is forbidden. All rented vehicles are only to be filled with regular unleaded gas for the gas engines. The vehicle needs to be returned with a fully filled gas tank. If the gas tank is not fully filled costs of 2,.€ ü per liter will be calculated and charged.

If during the time of renting a repairing of the milometer needs to be done or a repairing to maintain the functionality of the vehicle or a mandatory inspection is required, the client is allowed to assign a licensed garage if the costs are not more than 100 EUR.

2. If the milometer fails to work the client is obligated to take the vehicle directly to an adequate garage and contact the hiring company for instructions. If the client does not fulfil this the kilometre price will be calculated on a distance of 300 km per day. The client stands open to proof that the damage of the hiring company is lower or not developed at all i.e. a smaller number of kilometres where driven.

3. The hiring company can claim further compensation if the client has acted without their agreement or against their instruction or if proved that the client has driven a longer distance.



B: Qualified Drivers

1. The Vehicle may only driven or used by the client or the drivers that have been specified in the hiring contract. The client has to verify on their own if the qualified driver is in ownership of a drivers license that may be used in the EU or Switzerland. He needs to check out all possibilities in order to get that information. The client is obligated to give the hiring company the names and addresses of all drivers if requested.

2. The client has to represent the acting of the driver as his own.

3. The client may not use or hand the vehicle to third persons for motor sportive exercises, for tests, for commercial people or goods transportation, off-roading parks, off-roading and illegal purposes even if these are illegal only on the site of crime. Drives and journeys are only allowed within Germany, Austria, France und Switzerland. Other countries need the written permission of the hiring company. On violation of these rules the contract or hiring will be terminated without notice and if applicable the vehicle will be withdrawn or confiscated.

4. The client is obligated to secure the loading accordingly.



C: Rental Price

1. The vehicle must be returned personally at the given opening hours at the same rental station where it was picked up. If this is not the case and no other written arrangement has been made, the client is obligated to pay the costs for the return to its original location.

2. The rental price is based upon the offer or the pricelist added to the contract of hiring.

The rental price, including the currently effective value added tax is payable and subject to the provisions under „D“.

Not included in the rental price are the costs for fueling, fuel, service costs and delivery and pick-up costs. The vehicle basically has to be returned to the hiring company with a full fuel tank.

D: Terms of Payment

1. Payment has to be made immediately (within 5 business days) after the receipt of the bill from the hiring company. Payment has to be made to the bank account which is stated in the bill.

2. On bookings at short-notice the client may decide if he does not pay the money by bank transfer but makes pays in cash money in €. In this case the full amount of the bill has to be paid when receiving the vehicle.

3. The difference of the already paid booked amount and the actual rental price has to be paid in € when the vehicle is received.

4. After occurrence of default the client is liable for all incurred losses and damages. Further requirements of the hiring company hereof stay untouched.

5. Invoice amounts that are higher than the bail may be drawn in from the given credit card or bank account without the signature or the acknowledgement of the client. However the hiring company needs to inform the client about this before doing so and invoice and break down the asked amount in a comprehensible way.

6. On insufficient backing of the bank account or return through credit institute or bank of the client, an administrative charge of 25,-€ for each transaction is due.

7. If dues are not paid by the date stated on the bill a fee of payment will be payable. 15,- EUR for each payment reminder and 10,- EUR for each day the client is in delay of payment.

7.1. "Payable right after receipt of invoice ", is counted with 5 business days.



E: Insurance

1. The insurance coverage for the rented vehicle is a general auto liability insurance with a maximum coverage of 50 Mio for damages to persons and damages to property. The maximum amount of coverage per damaged person is 8 Mio and is constricted to Europe.

2. Exempted from this insurance is the use of the vehicle for the permission required transportation of dangerous substances according to § 7 GefahrgutVStr.

3. The coverage of the insurance for the rented vehicle also includes the commonly scaled partial casco coverage and comprehensive casco coverage.

4. The self contribution per loss deliberately that the client has to carry differs for each location. It is to be taken from the homepage.

5. Every insurance coverage within the scale of the hiring contract is not applicable, espescially if an unauthorized driver uses the vehicle, if the driver does not have the mandatory permission to drive and on the existence of the Letter I Nr. 3 of these conditions.



F: Accidents / Theft / Disclosure Duty

1. After an accident, theft, burning, damage caused by game animals or other damages the client must directly inform the police, call them in and report the damages of the hiring company. This is also obligated on insignificant damages and accidents caused by one’s own fault without the involvement of third persons. If the police denies to take up the accident the client must prove this to the hiring company.

2. On damages the client is obligated to immediately, after the occurrence at the latest, inform the hiring company by using the form for an accident report which can be found by the car documents. The form has to be filled out completely and accurate.

G: Liabilities of the Hiring Company

1. The hiring company is liable in cases of intention or grossly negligent of the hiring company, a representative or an auxiliary person according to the legal requirements. Furthermore the hiring company is liable only because of the infringement of the life, the body, the health or the culpably infringement of substantial contractual obligations. The claim for damages because of infringement of substantial contractual obligations is restricted to the contractual typical predictable damages.

2. The hiring company is not liable for things that have been left in the matter of rental by the return.

3. The hiring company is not liable for technical failure during the time of rental. Hereof the client can not raise any claim or alternative on the hiring company.



H: Liabilities of the Client

1. On vehicle damages, vehicle loss and breach of the renting contract the client is liable according to the general regulations of liability. Particularly the client has to return the vehicle in the free of defects state in which he has received it.

2. The client or his auxiliary persons are absolutely liable for traffic and regulatory offence, the hiring company is facualtive to all costs, dues etc. As adjustment for the work of administration, which originates to the hiring company through the handing of requests which authorities send to you in the case of regulatory offence, the hiring company receives from the client € 50,- including value added tax for every request of an authority administration.

3. Brake, Operating and pure break damages are no accident damages, this especially is essential for damages that can be traced back to the shift of cargo.

4. Besides the client this regulations also apply to the authorised driver while the contractual exemption of liability does not apply to unauthorised users fo the rented vehicles.

5. On renting cancellation costs the client pays a flat-rate fee of two thirds of the agreed upon daily rental fee, respectively the ten time hourly rate, minimum 299,-Euro per day, for each day that the vehicle is not available to the hiring company. The client is obligated to prove that a lower loss has originated.

6. The client is liable for all offences, that he commits against the regulations of motorized traffic.

7. More than one clients are liable as codebtor.

I: Return of the Vehicle

1. The contract of rental expires at the agreed date and can be extended within the scale of this contract and the agreement of the hiring company, as long as the client notifies the hiring company three days before expiration of the contract. If the vehicle is exchanged or the time of rental is longer than 28 days, the first rental contract applies.

2. The client is obligated to return the vehicle to the hiring company at the agreed upon location during regular business hours, that are announced to the hiring company at notices of local salesrooms.

3. Special tariffs only apply for the in the offer givern period of time. On exceeding of the period of time the regular tariff for the whole period of time applies.

4. On the breach of the returning liability many renters as clients are liable as codebtor. Until the day of return the applying rental prices will be invoiced.

5. If the client does not return the vehicle, thorugh or not through the fault of one’s own, after the agreed rental period to the hiring company, the company may charge a compensationt fee of 399,- € for each started day.

6. The parties may cancel the rental contracts according to the applying law. The hiring company may cancel the contract without notice if the client is behind payment with to the due date more than one day, he financial circumstances worsen heavily or other important reasons come up. Included in these reasons especially are:

- not encashed bank collections / cheques or not transferred money amounts,

- judicial executions targeted at the ,

- lack of care and maintenance of the vehicle,

- improper and wrongly usage,

- neglect of regulations about the use of vehicles in the road haulage,

- the unacceptability of the continuation of the rental contract i.e. because of a too high damage rate.

If the hiring company cancels the rental contract, the client is liable to directly return the vehicle, including vehicle documents, all equipment and accessories and all vehicle keys to the hiring company.

J: Bookings

1. Inland and abroad bookings are binding to the requested vehicles as soon as a booking acknowledgement is sent by the hiring company through e-mail to the e-mail address filled in the booking request by the client.

2. The final rental price is automatically due at once and payable as described under „D“ as soon as a booking acknowledgement is sent by the hiring company through e-mail to the e-mail address filled in the booking request by the client.

3. On cancellation the complete final rental price is due.

3.1 Exception to cancellation is given when the booked period of time by the client is booked by a new client. In this case only an administrative charge of 50,- € is due at once.



K: Declaration of Consent according to Privacy Law

1. The following personal data of the client may be processed, saved and transfered by the hiring copmany in computer applications (up to point 2 also for promotional purposes):

- name, addresse, email adresse, fax- and phonenumber, cellphone number, date of birth of the client, drivers license data , customer numbers

- open allowances that are due to the hiring company by the client, subjective value judgements, personal incoming circumstances and financial circumstances are not saved

2. The transfer of the und 1. named personal data may occur to the following people or companies:

- credit card institutes

- lawyer’s offices

- encashment institutes

- car manufacturers

- cooperating transportation companies and travel agencies

- all companies connected to the firm group HUMMER-Group, HUMMER-Advertisement and HUMMER-2-Rent

- After the Federal Data Protection Law a transfer of data may only occur as far as it necessary to ensure the interests of the hiring company, the under 2. stated persons and the company or the commonality and worthy of protection concerns of the client are not affected. This especially is the case when

- the data made at the rental are not correct.

- the rented vehicle is not being returned 24 hours after the as the case may be extended rental time.

- given means of payment from the client, like cheques, change, credit cards are not being cashed in or being protested, bill of rental not being paid.

- the rented vehicle is being stolen or damaged.

3. The client agrees that the hiring company saves the necessary contract data and notifies through the central alert circle, the Bundesverband der Autovermieter Deutschlands e.V. (BAV - German Association of Car Rentals), Grafenberger Allee 363, 40235 Düsseldorf, and the connected rental companies in case of not conventionary behaviour together with the respective cause (i.e. not returning the vehicle, wrong given data on rental, showing wrong or to the authorities as lost notifed documents, non payment, intentional accidents) as long as this ensures the interest of the hiring company a connected member of the BAV or the commonality and no reason seems to apply that the client has interest worthy of protection not to undertake this transfer of data.

4. The hiring company is being authorised to request information about the trustworthiness of the client and/or possible breaches of contract with other hiring companies. The BAV is being authorised to give this information if a legitimate interest of data transfer is credible exposed. The BAV only transfers objective data. The client can receive information about the saved data from the BAV as well as the hiring company.

5. The central alert circle of the BAV is the database WANDA, which is being managed as a warning file on computer basis at the firm.

Robert Krichenbauer
Elektronische Informations-Systeme GmbH,
Adolf-Kolping-Platz 4,
92637 Weiden,
GERMANY



L: Standard Terms

1. On differences about the interpretation of the rental contract the German version is authoritative and German law applies.

2. The summation on receivables of the hiring company is only with possible with indisputable or legally absolute receivables of the client or an authorized driver.

3. All rights and commitments of this agreement are in aid and to the duty of the authorised driver.

4. As long as nothing is being agreed upon in this agreement the regulations of the ‘Versicherungsvertragsgesetzes’ (VVG – insurance contract law) and the ‚Allgemeinen Bedingungen für die Kraftfahrtversicherung’ (AKB 95 – standard regulations for motorised vehicles insurance) are to be applied. This also refers to unclarities that result from this agreement.

4. Only the Standard Renting Terms and Business Conditions of HUMMER-Group are applied even if by the signing of an order the addition ‚the standard terms of the ordering company apply’ is listed.

M: Jurisdiction, Written form

1. Verbally made sidee agreements to not exist. Changes are subject to written form.

The place of the hiring company is agreed upon as jurisdiction if

2. the client does not have a standard jurisdiction within inland or

3. he moves his address after conclusion of contract to abroad or

4. his address or his usual abidance is not known at the time of filing a lawsuit or

5. the client is an entity or artificial person of public law or an separate estate of public law or a tradesman.

6. For all regulations of this contract, including the interpretation, applies German law.