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AV DREAM CARS

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1. General

The vehicle described overleaf shall be rented out subject to availability. AV Dream Cars reserves the right, in the event of a technical defect or should the previous hirer delay returning the vehicle, to furnish the hirer with a different vehicle of the same price class. Deviations from the equipment give no reason for the hirer to make any claims. Should AV Dream Cars have no vehicle available, the hirer is not entitled to make any claims against AV Dream Cars. The object of rental will be inspected to ascertain the proper condition without defects for the time of handing it over to the hirer. Insofar as defects (damage to the body work, for example) are determined, these will be itemized separately in the handover report or on the damage report card. Notwithstanding, the hirers are obliged to inspect the object of rental and to assure themselves of the intactness of the seals, the reading of the mileometer, the existence of all tools, the car documents, the breakdown triangle, the first-aid kit, the spare wheel and the actual contents of the tank on handing the vehicle over. The hirers are obliged to point out possible deviations as well as externally visible defects to AV Dream Cars. The vehicle must be returned in the same clean condition as the hirers received it from AV Dream Cars. Should this not be the case, the hirers will be charged cleaning costs amounting to € 29.00. Costs for petrol shall be borne by the hirers. The hirers are obliged to return the vehicle with the same amount in the tank as when handed over. Otherwise, AV Dream Cars reserves the right to invoice the hirer the costs of filling the tank. The tenant agrees that the Av-Dream-Cars may take for billings and reimbursements for a period of 60 working days to complete. Tickets / Overspeeding is punishable by a processing fee of up to 50.00 euros. The costs are borne by the tenant.

2. Special duties of the hirer

2.1 General

The hirers are obliged to treat the vehicle with care and to comply with all existing regulations and laws involved in using a vehicle. In the event of commercial transport of goods, the hirers are obliged to comply with the Road Haulage Law. If the vehicle is equipped with an odometer, it is herewith expressly pointed out to the hirers that the use of the odometer is stipulated by law.

2.2 Filling up and controlling:

The oil level must be checked each time petrol is filled up, and where necessary, filled up with the oil (fully synthetic oil) stipulated by us. In the event of not filling or partially filling the tank, € 50.00 incl. VAT in addition to the amount of petrol used shall be invoiced to the hirer as a tank charge.

2.3 Authorization to drive

The vehicle may only be driven by the hirers, their employed professional drivers and the drivers stated on the front of the rental agreement. The hirers are responsible for the behaviour of the respective driver as if it were their own. The hirers are obliged to check on their own responsibility whether those persons to whom they surrender and are allowed to surrender the vehicle to fulfil the requirements necessary to drive the vehicle, in particular whether they are in possession of a valid driving license. They must oblige them to comply with all provisions of this rental agreement. The hirers are obliged to furnish AV Dream Cars on request with the names and addresses of those persons they surrendered the vehicle to, in particular in order to determine the driver in the event of traffic accidents or in the event of administrative offences or crimes with the vehicle. All provisions of this agreement pertaining to the hirers also apply to the respective authorized driver to the same extent.

2.4 Duty of care

The hirers must ensure that the vehicle is properly secured against theft. In any case, the vehicle may only be parked in such a way that damage by third parties, in particular by moving traffic, is excluded. In the case of journeys abroad (which must be allowed by AV Dream Cars), the vehicle may only be left unattended if it is under surveillance or parked on a closed single or large car park or in a locked garage. Should the hirers breach these obligations, then they must compensate AV Dream Cars for damage arising.

2.5 Prohibited uses

The hirers are prohibited from using the vehicle at motor sports events, for test purposes as well as illegal purposes, also insofar as they are only forbidden according to the law of the scene of the crime, in particular for transporting hazardous goods. Loading the vehicle beyond the statutory permissible extent as well as exceeding the stipulations of the vehicle manufacturer is forbidden. Renting the vehicle to a third party is forbidden.

2.6 Journeys abroad

are principally not permitted and require the written permission of AV Dream Cars in particular cases on the front of the rental agreement.If a tenant or their authorized drivers without written permission from foreign countries or in countries that are not genehmeigt in the lease, is disconnected to protect against theft of the vehicle. The AV Dream Cars has terminated the agreement without notice and will pick up the vehicle immediately. All costs are borne by the tenant. Furthermore, the already paid rental price and the deposit will be retained as liquidated damages.

2.7 Obligation to notify about accidents or abnormalities of the vehicle

The hirers/drivers are obliged to call in the police in the case of any accident with the vehicle and to insist on a police report even if no other person is involved in the accident. The hirers or their drivers are obliged to make a note of names, first names and addresses of all those involved in an accident and witnesses; Furthermore, the time, place, street as well as the official registration number of the vehicles involved in the accident and to inform AV Dream Cars immediately. Counter party claims must not be recognized. The enforcement of claims for compensation due to damage to the vehicle by those involved in the accident shall solely be carried out by AV Dream Cars. The hirers are obliged to describe the circumstances of the accident truthfully and to back them in the event of an enforcement of compensation claims by surrendering the necessary information. Insofar as there is a form amongst the vehicle documents for reporting an accident, then this must be used and filled in accurately and to be surrendered to AV Dream Cars.In the event of an accident, the Av-Dream-Cars is entitled to deduct the reserved deposit to the credit card until the damage history is cleared. With abnormalities of the vehicle such as technical problems, etc. here on phone to place promptly notify the Autovemietung Dream Cars. This will then decide whether to continue driving the vehicle is possible or if the vehicle must be parked to protect against damages.

2.8 Rental period and return

The hirer undertakes to return the vehicle in the condition as received on the date and at the place agreed upon overleaf during business hours at the AV Dream Cars place of business. In the event of a delay of more than 30 minutes, AV Dream Cars reserves the right to invoice an additional day. Should the hirers wish to change the return of the car as agreed upon in the contract, the hirers must obtain prior permission from AV Dream Cars. A delay in returning the vehicle, the vehicle documents or the keys to the vehicle to the place of return agreed upon shall result in the hirers being obliged to compensate AV Dream Cars for damage resulting. Furthermore, AV Dream Cars shall immediately report an offence to the police against the hirers. The tenant has the event of early return of the vehicle is not entitled to a refund / partial payment of the rent stated in the contract held ended. A vehicle returning without the presence of the tenant is only possible with prior agreement from Av-Dream-Cars.

2.9 Rental price

Rental prices, special prices or discounts deviating from the price list only apply in the case of returning the vehicle on time and in good condition. Should the rental period be exceeded, AV Dream Cars reserves the right to invoice the entire rental period in line with the daily basic fee and kilometre price as per their price list notwithstanding the rental prices agreed upon on the front page of the rental agreement. The rental price is immediately due to AV Dream Cars on issuing the invoice with no further discount. See also item 5.1.

If the rent in the form of a voucher to have been paid, the validity of the voucher for 1 year is observed. The voucher is valid for one year from purchase. Subsequent redemptions can be made only out of goodwill. The legal maturity period of 3 years is excluded from the dealer (Av-Dream-Cars).

3. Duties of the car rental company

3.1 Insurance, liability

The vehicle is insured in line with statutory regulations. There is no insurance for the transport of hazardous goods. In the event of culpable or grossly negligent breaches of duty as well as in the event of culpable injury to life, body or health, the hirer is liable for all damages resulting from the same with no restrictions insofar as not otherwise legally stipulated. Further liability for compensation going beyond what is regulated in the preceding paragraphs is excluded regardless of the legal nature of the claims made. This applies in particular for civil offences according to § 823, 831 German Civil Code (BGB); any unrestricted liability according to the provisions of the German Product Liability law shall remain unaffected. Should a hirer surrender the vehicle to a driver who is not named on the front page of the rental agreement, and should damage to the rented vehicle or another vehicle occur, the hirer shall be liable for the damage arising to the full.

3.2 Servicing

AV Dream Cars shall service the vehicle, excluding washing the vehicle, on prior arrangement insofar as not otherwise stipulated on the front page of the rental agreement.

3.3 Repair

AV Dream Cars shall carry out any repair work to the vehicle insofar as not otherwise stipulated on the front page of the rental agreement. Should it become necessary to repair the vehicle during the rental period, in order to guarantee the operation and the road safety of the vehicle, the hirers may contract an authorized repairer up to the amount of € 50.00 without prior agreement. Repairs that are necessary which exceed the afore-mentioned amount must be agreed upon with AV Dream Cars in advance by telephone.

3.4 Technical defect and accident

Should the vehicle no longer be roadworthy due to a technical defect or accident, the hirers are obliged to inform AV Dream Cars by telephone without delay and discuss further action. In the event of a traffic accident (even if no other car is damaged), the user is obliged to call AV Dream Cars immediately and to inform about the accident as well as to contact the police station responsible and have the accident reported as well as to take all steps to secure evidence of the accident and secure the implementation of possible claims for compensation. In the event of damage and on occurrence of a defect and/or malfunction, the user is obliged to inform AV Dream Cars without delay and discuss the further use of the vehicle. In the event of the mileometer failing, the hirers must inform AV Dream Cars immediately.
The user is liable for all damage caused to the vehicle and the equipment during the period of use or which is caused by operating it, in particular for actually incurred costs or fictive repair costs determined by an appraisal, costs for recovery and returning, costs for an appraiser, technical and/or mercantile depreciation. The user is also liable for the loss in use arising during the period of repair work or in the event of a write-off, to the amount of the daily or kilometre rate at least, unless the user proves that AV Dream Cars suffered no or little damage. At the same time, the user is liable for damage, the amount of which being limited to the deductible/deposit agreed upon that the user or an authorized driver caused as a result of slight or medium negligence to the full amount (with no restriction to liability). At the same time, the user is liable for damage, the amount of which being limited to the deductible/deposit agreed upon, that the user or an authorized driver caused as a result of slight or medium negligence to the full amount (with no restriction to liability) and, at the same time a discontinuation of insurance cover for all damages caused by the user or any other (authorized or unauthorized) driver, which happened/were the result of intentional or grossly negligent behaviour by the user/driver. This includes over-revving the engine, selecting the wrong gear, grinding the clutch, being under the influence of alcohol or drugs, driving at excess or inappropriate speed (more than 30 km/h past the permitted speed limit), and when veering off the road as the result of aquaplaning; by an unauthorized driver to whom the driver has surrendered the car without prior permission; as the result of exceeding the agreed period of use contrary to the contract and after the termination of the same; as a result of breaching one of the afore-mentioned duties, in particular if the user on being involved in an accident (even in the event of no third-party damage), does not immediately contact AV Dream Cars nor the local police and/or does not have the accident reported and in the event of a hit-and-run offence, does not observe the warm-up phase or has failed to inspect and fill the vehicle with oil and lubricants; has disregarded the necessary care when operating and handling the vehicle (e.g. doing a racing start); that the vehicle was driven abroad, on racing tracks or at motor sport events without prior, written agreement (to be stated at the beginning of this document) by AV Dream Cars. The user is liable for all third-party damage (material and personal damage) that is not covered by the third-party liability insurance policy concluded for the vehicle. The hirer exempts AV Dream Cars from claims by third parties.

4. Liability of the hirer or driver

4.1 The hirers are liable to AV Dream Cars in the event of slight negligence for all damages to the vehicle in all cases, which occur during and beyond the rental period until the vehicle has been properly returned to AV Dream Cars according to contract during business hours, in particular such damage caused by freight, the non-adherence to headroom or other stipulations regarding circumspection, to seat covers and floor carpets, rims and tyres, as well as damage arising from the incorrect filling of petrol into the vehicle by the hirer or driver, but also for all other damage to the full. The tenant is liable to the full extent of damage as well, if he has violated the lease terms, and during his tenancy, by the violation suffered damage. This includes if the tenant unjustifiably with the vehicle travels abroad, and passes a an accident with the vehicle, or any damage occurs to the vehicle. The same applies when transporting hazardous goods. Exempt from this are damages caused by vehicle defects which the hirer cannot avoid. Insofar as the agreed time of return outlies the business hours of AV Dream Cars, the hirer is also liable for the period from returning the vehicle until the begin of the next business hours. All provisions under this item also apply in the event of no fault by the hirer.

4.2 If the hirers have agreed upon a limitation of liability with AV Dream Cars, they are then liable in the event of intentional or grossly negligent behaviour when driving under the influence of alcohol and in the event of a hit-and-run offence as well as in the event of a breach of responsibilities according to Items 2.1 and 2.6 of these Terms to the full. For the rest, the hirers are liable subject to the arrangements in Item 4.1 only to the amount of the agreed deductible and the heads of damage which are not covered by the vehicle insurance such as costs for returning. If several independent matters are damaged, the hirers are liable for each individual case of damage to the amount agreed upon as the deductible in the rental agreement. AV Dream Cars shall charge a process fee according to the price list displayed for enquiries at authorities due to traffic crimes to cater for the increased administrative effort arising thereof.

4.3 AV Dream Cars is obliged to transfer claims for the reimbursement of the costs of repair work on the vehicle or – in the event of a write-off – claims for reimbursement of the current replacement value, reduced by the salvage value which they are entitled to from the other party to the accident with the hirer, however only to the amount the hirers themselves have paid AV Dream Cars to settle this claim. Claims that have been or will be transferred to third parties (e.g. vehicle insurance) will not be transferred. These subrogations antecede the transferring to the hirers. The transfer cannot be enforced to the disadvantage of such a third party

5. Further provisions

5.1 AV Dream Cars reserves the right to cancel the agreement for good cause and without notice even without prior warning if the continuation of the user agreement becomes unreasonable, in particular on becoming aware of wrong personal data and financial standing, questionable creditworthiness, especially the non-coverage of the credit card presented, the dishonouring of a cheque, unreliability and breaches of the contractual duties.Dream Cars is justified in these cases is that a GPS vehicle off and pick up. All costs incurred will be borne by the Mieter.Der rental already paid by the company Dream Cars retained as compensation. Besides that, claims for compensation by AV Dream Cars shall remain unaffected. Should the hirer default payment (in the case of long-term rental) by more than 3 days, this shall be regarded as a breach of contract and AV Dream Cars shall be entitled to cancel the agreement for cause and without notice. The costs involved (e.g. costs for collecting the vehicle) must be borne by the hirer. Should the tenant cancel the rental, a fee will be charged as following:

Cancellation fee:
The cancellation fee is 50% of the rent from the reservation. If a lease be canceled 24 hours prior to arrival, 100% of the rental price to fall as cancellation fees.

5.2 Rights to retention by the hirer can only be asserted against AV Dream Cars to such an extent that they are based on the same rental agreement from which AV Dream Cars asserts claims against the hirer.

5.3 Transferring claims by the hirers against AV Dream Cars is not permitted.

5.4 Agreements other than those written on the front page of the agreement and included in the Terms were not met. Supplementary agreements must be in writing to be valid. This is also applies to any waiver to this written-form requirement.

5.5 The hirers’ personal details shall be collected in AV Dream Cars‘ EDP.

5.6 AV Dream Cars is permitted to disclose this data to third parties for the implementation of justified interests AV Dream Cars may have within the scope of the contract and for the necessary handling when this becomes necessary for the assertion of claims.

5.7 There is no vehicle rented without deposit or rental price. Should the deposit or payment not be transferred, the entire amount before renting from the renter must be received. Otherwise they will not hire and the cancellation fee will be charged. If the rent or the security deposit paid by credit card, the transaction costs are borne (credit card fees) by the tenant. This also applies for booking a reserved deposit and the refund of a portion of the deposit (after a damage). The renter has to pay the transaction fee of 3 %.

6. Court of jurisdiction and place of performance

German law governs all disputes arising from this agreement. The place of performance and court of jurisdiction is Munich insofar as the user has no general national court of jurisdiction or does not move his domicile or general residence abroad after conclusion of the contract or his domicile or general residence abroad is not know at the time of the commencement of a suit. The same applies if the user is a businessman in the meaning of the German Commercial Code (HGB) or a coequal person in terms of § 38 I German Code of Civil Procedure (ZPO). Should individual terms of contract be or become ineffective, the validity of the remaining terms shall remain unaffected. An ineffective term is to be interpreted in such a way that, on the one hand, it is valid and, on the other hand, that the purpose followed by the ineffective provision is reached as far as possible. This also applies to the amendment to the written-form requirement.


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