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General terms and conditions of e-scooter and e-motorcycle rental

E-Cruising Madeira

 

A. Rental contract, renter and authorized drivers

1. the rental contract is concluded by written signature or by binding telephone order, which must be confirmed in writing by the rental company.

2. the renter is the person expressly designated as the renter in the rental contract. In addition, it may be agreed in the Rental Contract, for a fee, that the Hirer is entitled to transfer the rented vehicle to a named person as authorized driver.

Insofar as the Lessee is entitled under the rental agreement to hand over the rental vehicle to a driver to be designated by him, he must choose the driver carefully and in particular ensure that the driver is in possession of the driving license required for the rental vehicle in question and also complies with any other conditions imposed under the driving license (cf. also G. III.d). Subject to the aforementioned provision, the Lessee is not entitled to lend or rent the rented vehicle to a third person, even for short-term use (see also G.). Any violation will result in the cancellation of the entire insurance coverage.

 

B. General

1. by signing the rental contract the renter acknowledges that he has taken over the rented vehicle with complete equipment including spare wheel (only for passenger cars), tools and radio (only for passenger cars). Any externally visible damage will be noted in the takeover protocol. 2.

2. with the signature the tenant recognizes furthermore that all vehicle papers and other official documents were duly handed over to him with the delivery. These are to be returned after termination of the lease without being asked. In the event of loss, the Lessee is obliged to reimburse the price necessary for replacement. The Lessor is entitled to withhold a security deposit for the refund of this amount upon return.

3. cars have different fuel levels and are to be returned with the same level of fuel as they were taken over. Motorcycles shall be handed over with a full tank and shall be returned by the Lessee with a full tank. Gasoline costs during the contract period shall be borne by the Lessee.

4. in consideration of the extraordinary risks of renting a motor vehicle, known to both contracting parties, the renter undertakes to drive without any influence of alcohol (see G. III.b).

5. it is forbidden to use the vehicle for sporting purposes and competitions of any kind (see G. III.e).

6. the renter declares that all declarations made by him, in particular with regard to the assumption of his obligations, are also made in power of attorney for the authorized driver(s) of the rented vehicle, so that all declarations are also effective for and against the authorized driver(s).

 

C. Rental period and terms of payment

1. the rental period shall be expressly agreed in writing between the lessor and the lessee. The period of 24 hours, beginning with the rental time stated on the front of the rental agreement, shall be deemed to be the daily rental period.

Any intended extension of the agreed rental period by the Lessee shall be notified to the Lessor in due time before the expiry of the agreed rental period and shall be approved by the Lessor. In the event of refusal, the rental vehicle must be returned punctually on the agreed return date.

Even in the case of an extension of the hire contract agreed only verbally, all agreements of the original hire contract shall remain effective.

If an extension of the rental agreement is not made (for whatever reason), the lessee loses all rights arising from the rental agreement, in particular the insurance coverage promised by the lessor and the lessee's reduction of liability. Notwithstanding the above, the Lessee is obliged to pay the respective rental price according to the price list for the duration of the unauthorized exceeding of the rental period, with the exception of the separate costs for contractual limitation of liability. The Lessor reserves the right to prove further damage.

3. the rental price and insurance cover is stated in the respective valid price list of the lessor. The rental price plus deposit is to be paid in advance. This also applies in the event of an agreed extension of the rental period. If the rental price has already been paid by an organizer acting as an intermediary, proof of payment in the form of a voucher issued by the organizer must be presented when the rental contract is issued. 

4. with regard to the extraordinary risks of renting a motor vehicle known to both contracting parties, the renter undertakes to drive without any influence of alcohol (see G. III.b).

5. it is forbidden to use the vehicle for sporting purposes and competitions of any kind (see G. III.e).

6. the renter declares that all declarations made by him, in particular with regard to the assumption of his obligations, are also made in power of attorney for the authorized driver(s) of the rented vehicle, so that all declarations are also effective for and against the authorized driver(s).

 

C. Rental period and terms of payment

1. the rental period shall be expressly agreed in writing between the lessor and the lessee. The period of 24 hours, beginning with the rental time stated on the front of the rental agreement, shall be deemed to be the daily rental period.

Any intended extension of the agreed rental period by the Lessee shall be notified to the Lessor in due time before the expiry of the agreed rental period and shall be approved by the Lessor. In the event of refusal, the rental vehicle must be returned punctually on the agreed return date.

Even in the case of an extension of the rental agreement agreed only verbally, all agreements of the original rental agreement shall remain effective.

If an extension of the rental agreement is not made (for whatever reason), the lessee loses all rights arising from the rental agreement, in particular the insurance coverage promised by the lessor and the lessee's reduction of liability. Notwithstanding the above, the Lessee is obliged to pay the respective rental price according to the price list for the duration of the unauthorized exceeding of the rental period, with the exception of the separate costs for contractual limitation of liability. The Lessor reserves the right to prove further damage.

3. the rental price and insurance cover is stated in the respective valid price list of the lessor. The rental price plus deposit is to be paid in advance. This also applies in the event of an agreed extension of the rental period. If the rental price has already been paid by an organizer acting as an intermediary, proof of payment in the form of a voucher issued by the organizer must be presented when the rental contract is issued. 4.

4. at the end of the rental contract, the rental vehicle is to be returned to the lessor at the rental station where the rental took place within business hours, subject to any special agreements made in writing in the rental contract. If the vehicle is returned outside business hours, the Lessee shall be liable for damage up to the agreed deductible. 5.

5. the renter is not entitled to offset or assert a right of retention against the rental price claim of the lessor, unless the claim to be offset is undisputed or legally established.

6. the renter is not entitled to offset or assert a right of retention against the rental price claim of the lessor, unless the claim to be offset is undisputed or legally established.

If a credit card receipt is deposited as the rental deposit, e-Cruising Madeira. is also entitled to settle any damages or damage deductibles that may have occurred via the receipt.

The rental price can be paid as follows: Cash (EUR), EC/Maestro card, Mastercard, Visacard.

 

D. Pre-ordering of a rental vehicle

The renter can make an advance order for a rental vehicle before the beginning of the rental contract. This is only binding for the lessor if the pre-order has been confirmed by him in writing or a binding rental contract has been concluded and an appropriate down payment has been made by the lessee, at least in the amount of EUR 50,-.

If the rental car is to be delivered to the lessee and/or returned by the lessor, the costs incurred by this are also to be paid in advance by the lessee. Excluded from this are locations that lie within the defined catchment area of the rental station. Rental car deliveries and returns at Madeira Airport, Funchal Port and outside business hours are generally subject to charges.

Motorcycles are taken over and returned at the rental station. Analogous to the procedure for rental cars, renter and passenger will be picked up and returned.

The delivery or pick-up service is offered from a rental period of 3 days.

If the customer does not take over the rental vehicle at the agreed time, he is obligated to compensate the lessor for the loss. The Lessor may choose to calculate this either specifically or as a lump sum in such a way that the amount owed as the loss is calculated as 60% of the basic daily rental price for each day of the rental period agreed in accordance with the valid order.

In case of lump-sum damage calculation by the Lessor, the Lessee shall have the possibility to prove that no damage has occurred at all or that the damage is significantly lower than the lump-sum amount.

 

E. Special Obligations of the Lessee

The renter is obliged to check and drive the rented vehicle during the rental period with the diligence of a proper motorist. The duty of inspection includes in particular the constant monitoring of road safety, the retention of the data listed in the vehicle registration, such as the permitted number of persons driving the motor vehicle and load capacity, as well as securing the vehicle against theft and burglary.

 

F. Damages to the rented vehicle

I. Technical damage

As the rented vehicle is a used vehicle, the renter cannot make any form of recourse against the lessor in the event of a technical defect. The Lessee is not entitled to make any other rentals of motor vehicles on behalf of the Lessor.

If operational or other technical malfunctions occur in the rented vehicle, the lessee must inform the lessor immediately. Damage may only be repaired in a specialist workshop of the rented vehicle make with the express permission of the Lessor.

II. damage due to accident

1. accident damage in the sense of these regulations is every event in public and private road traffic, which is causally connected with its dangers and results in material damage to the rented vehicle, irrespective of whether or not another road user is involved in the accident.

2. in case of any accident damage, the renter shall:

(a) immediately notify the police and remain at the scene of the accident until the arrival of the notified police.

b) record the names and addresses of all persons involved, license plate numbers of the vehicles involved, and insurance policies of the parties involved, as well as the names and addresses of all witnesses; and

c) to draw up a brief accident report (description of the accident site including a sketch, the time of the accident and the course of the accident) and to report it to the responsible police authority.

police authorities.

3. the renter is not entitled to give an acknowledgement of guilt verbally or in writing or to anticipate a settlement of the case of damage by the liability insurance concluded for the rental car by other statements, concessions or even payments.

4. the renter is obliged to inform the lessor immediately by telephone about an accident. A telephone number to be used in such cases is shown in the rental contract. A subsequent written damage report by the lessee to the lessor is to be carried out as soon as possible.

5. upon return of the rented vehicle, the renter has to inform the lessor about all damages, breakdowns and accident damages without being asked to do so, even if they should have been repaired in the meantime.

 

G. Unlimited liability of the renter in case of transfer to unauthorized drivers

If the renter leaves the rental vehicle to a third person not listed in the rental agreement, the renter is liable without limitation as joint and several debtor in case of damage to the rental vehicle.

I. Liability of the renter in the amount of the deductible

The renter is liable as joint and several debtor for damages up to the amount of the agreed deductible in case of damage or breakdown, as far as the lessor cannot claim compensation from a third party.

The agreed liability reduction refers exclusively to damage to the rental vehicle and not to any incidental damage costs that may be incurred (see G. V.a-e).

II. Contractually agreed limitation of liability of the renter and authorized driver.

By concluding a separate agreement, the excess for damages by the renter and authorized driver can be limited. The conclusion of the liability reduction obligatory.

III Unlimited liability of the renter and authorized driver despite contractual limitations of liability in case of accidents, theft, vandalism, etc.

Notwithstanding the limitation of liability agreed under G. I. and II. above, the renter and the authorized driver shall be liable to the lessor for damages in the full amount as joint and several debtors:

a) in all cases in which, within the framework of a comprehensive insurance contract, the respective comprehensive insurance company (Lessor) is entitled to withdraw insurance coverage from its policyholder (Lessee) pursuant to § 61 of the Insurance Contract Act, and furthermore

b) in case of driving the motor vehicle by the driver even under the slightest influence of alcohol.

c) in case of violation of the obligations in F. I. and II. by the renter, especially in case of leaving the scene of the accident contrary to the contract or in case of not calling the police contrary to the contract (cf. F. II. 2. a), even if other persons or vehicles were not involved in the accident or no third party damage but only damage to the rental car occurred.

d) if the renter, who is entitled to choose the driver independently, hands over the rented vehicle to a driver who does not possess the driving license required for the rented vehicle in question.

e) if the vehicle has been used contrary to traffic regulations or for sporting competitions.

f) in the case of unauthorized driving outside the island of Madeira.

IV. Special regulation for rented trucks

The agreed reduction of liability does not extend to damage to the superstructure, or trunk of a truck caused by cargo or failure to comply with the clearance height or width.

V. Extent of the compensation to be paid

In the event of liability, the lessee and the driver shall compensate the following damages as joint and several debtors:

a) Repair costs, which, at the Lessor's option, shall be determined in a manner that is binding for both parties, either by an expert opinion to be prepared by the Lessor at the Lessee's expense, or by invoicing on the part of the Lessor.

b) The full loss of rental income during the repair period or the replacement period in the case of total damage in the amount of 60% of the daily rates of the respective valid price list. Both parties reserve the right to prove concrete possibilities of further renting and thus to prove a higher or lower damage.

c) Costs of making the vehicle ready for use, salvage and repatriation

d) Expert costs

e) Technical and mercantile depreciation

In the event of non-contractual use of the vehicle, all insurance coverage shall lapse.

VI Liability of the Lessor

Claims for damages by the Lessee against the Lessor arising from the rental contract, irrespective of the reason, are excluded, unless the damage is based on a grossly negligent breach of contract by the Lessor or on an intentional or grossly negligent breach of contract by a legal representative or vicarious agent of the Lessor. This provision shall also apply to damages resulting from the breach of duties during the contract negotiations.

VII Insurance Coverage

The sums insured for the passenger protection insurance amount to EUR 5000,- in case of death and EUR 10000,- in case of invalidity. The sums insured increase by 10 percent in case of more passengers in case of a proportionate claim.

 

H. Final Provisions

Verbal collateral agreements are not valid.

Amendments and supplements to the contract must be made in writing.

Any invalidity of individual provisions of this contract or of the General Terms and Conditions shall not affect the legal validity of the remaining provisions of the contract or of the General Terms and Conditions.

content of the contract or the other terms and conditions.

 

Place of performance and jurisdiction is Funchal /Madeira, as far as the tenant is a merchant in the sense of the Commercial Code.

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