General Terms and Conditions Hot Rod Citytour Berlin GmbH
1.) General
The rental of a "HotRod" - in the future referred to as the vehicle - is exclusively based on the written rental contract and these rental conditions according to German law. Verbal collateral agreements must be included in writing in the rental agreement in order to be valid.
The subject of the rental agreement is the provision of a vehicle for the period specified in the rental agreement. The rental price results from the price list which is part of the rental agreement.
The lessor is free to refuse the lease without giving any reason.
2.) Booking/Payment
The booking of the vehicle is binding after confirmation by the lessor in text form and one or more vehicles are reserved for rental on the agreed date for the orderer. The customer is obliged to pay the costs (rent) communicated in the booking to the lessor without delay. The rental contract is concluded in writing before the vehicle is handed over on site.
The rent and deposit (in cash or credit card) must be paid at the latest before the start of the journey. The lessor is obliged to refund the deposit after the return of the vehicle, provided that the vehicle was returned in accordance with the contract. If this is not the case, the lessor is entitled to offset any costs incurred (e.g. damage and etc.) against the deposit, or to retain the deposit in full until such claims have been clarified.
3.) Cancellation conditions
For individual bookings:
+48 hours before start - 100% refund
Between 48 and 24 hours before the start - 50% refund
Less than 24 hours before start - 100% cancellation fee
For group events such as JGA, corporate events, etc.:
+60 days before start - 100% refund
Between 59 - 30 days before start - 50% refund
Between 29 - 15 days before start - 25% refund
Between 14 - 0 days before start - 100% cancellation fee
4.) Special instructions / use at your own risk
The renter is informed that the rented vehicles and special vehicles. The vehicles are not comparable in operation and driving behavior with ordinary passenger cars, so that even experienced drivers must familiarize themselves with operation and driving behavior. The renter expressly accepts the associated greater risks compared to ordinary road vehicles. In this respect, the use is at the renter's own risk. In particular, the Lessor shall not be liable for damage caused by risks associated with the special design.
The Lessee's attention is drawn in particular to the following special features and risks inherent in the type of construction:
- Vehicles are perceived heavier due to the size
- The vehicle does not have today's standard safety features such as ABS/safety belt/airbag, power brakes and power steering
- The vehicle has an automatic transmission and very direct steering (small steering wheel movements result in large changes in direction).
- The brake can be operated with the left foot, which is different from the usual passenger cars, and has a different response behavior due to its design.
The renter and any other drivers are obliged to familiarize themselves with the operation of the vehicle and its special features before starting the journey. This applies in particular to the steering and braking behavior.
If there are any uncertainties, the lessor or its employees must be consulted during the handover/instruction.
The renter is not allowed to start driving until he/she is able to control the vehicle safely.
The renter is also advised that the vehicles do not provide protection against the weather. The lessor is not liable for weather-related damage or soiling.
5.) Takeover of the vehicle
Before taking over the vehicle, the renter must present original documents for himself and all persons named as drivers in the rental agreement:
- a valid identity card or passport
- a valid driver's license (passenger car) entitling to drive the vehicle
- an EC or credit card
The vehicle is handed over to the renter in a roadworthy, undamaged and technically and visually flawless condition, fully fueled with all accessories (first-aid kit, safety devices, etc.).
The renter/driver is obliged to report any complaints to the lessor when taking over the vehicle and must ensure that they are documented in writing in the takeover protocol.
The renter will be instructed in the special features of the operation of the vehicle upon handover. By taking over the vehicle, he confirms that he has been sufficiently instructed about the handling and operation of the vehicle.
6.) Authorized drivers
The vehicle may be driven, except by the Lessee, only by the other persons designated by name in the Rental Contract. Each driver of the vehicle must have the required and valid driving license, not be subject to a driving ban and be at least 18 years old.
Furthermore, all drivers must be physically and mentally fit to drive the vehicle safely. The driving ability must not be impaired by medication, drugs, alcohol or in any other way. The lessor or his employees may prohibit the driving or further driving if you have reasonable doubts about this. In the event of alcohol or drug/medication abuse, the renter will not be reimbursed.
In all other respects, the renter is responsible for ensuring that he or other authorized drivers meet the legal requirements for driving motor vehicles and is liable for all consequences arising from this if this is not the case. The renter is liable for the behavior of the other authorized drivers as for his own actions.
7.) Use of the vehicle
The vehicle may be used exclusively within the framework of the tour guided by a guide on a specified route. Any instructions given by the guide/rental company must be followed. If the driver loses the connection, he has to stop immediately at a suitable place and contact the lessor or guide. The ride may only be continued with the consent of the lessor.
Riding is only permitted with a motorcycle safety helmet permitted according to the legal regulations in the Federal Republic.
The vehicle may only be used in public road traffic in the Federal Republic of Germany, but not for off-road driving, driving school exercises, in connection with motor sports or for driving on race tracks, even if these are open to the general public for test and practice drives.
Use outside of public road traffic is only permitted with the written consent of the lessor.
Use on federal highways is not permitted.
The lessor is entitled to specify in the lease agreement further geographical or factual restrictions on use.
The lessee is not permitted to sublet or otherwise transfer the equipment to third parties or to use it for any other purpose. The transport of hazardous substances within the meaning of the Road and Rail Hazardous Goods Ordinance (GGVSE) is prohibited.
The vehicle may not be used for towing other vehicles and no other items may be transported on or in the vehicle with the exception of the accessories rented with the vehicle and the items of personal use (clothing for the journey, handbag).
The operating instructions - also with regard to the prescribed fuel - must be observed, as well as the legal regulations applicable to the use of the vehicle.
The Lessee shall bear all costs in connection with charges levied for the use of certain traffic routes and shall perform all duties of cooperation required in connection with the levying of charges.
The renter must handle the vehicle with care, observe the operating instructions and the legal regulations. In particular, he is also responsible for the proper and roadworthy condition of the rented vehicle during the rental period and must pay particular attention to technical defects (tire pressure, unusual noises, brake function). If there are doubts about the proper condition, the lessee must inform the lessor and refrain from further use of the vehicle.
8.) Parking the vehicle
As long as the vehicle is not in use (break, defects or accident) - especially during the night hours, the vehicle must be under observation.
Special regulation Event: If the vehicle is not used, it must be stored in a locked room; if this is not possible, it must be connected to a suitable object firmly connected to the ground (e.g. lamppost) in a place that is as protected as possible from damage. All movable accessories must be removed from the vehicle.
When leaving the vehicle, the renter/driver must take the vehicle keys and documents and keep them inaccessible to unauthorized persons.
9.) Return of the vehicle
The renter will return the vehicle with all accessories properly at the latest at the agreed time at the agreed place. In the event of good cause - in particular in the event of breach of duty by the Lessee (e.g. failure to comply with the Guide's instructions) - the Lessor shall be entitled to demand the return of the vehicle prematurely at a specific time or immediately by terminating this rental agreement without notice.
If the vehicle is returned late, the renter has to pay the full rental price for each started hour according to the price list. The renter also has to bear all further damages resulting from a late return.
10) Obligations of the renter/driver in case of damage or breakdown
In the event of damage, the renter/driver is obligated to ensure that - after securing on site and rendering first aid - all measures necessary to mitigate the damage and preserve evidence are taken, in particular that:
- a) the police are called in immediately, also in the case of accidents not involving third parties, as well as in the case of accidents caused by oneself and especially in the case of accidents involving wild animals
- b) for forwarding to the lessor, the place and date of the accident as well as the names and addresses of all parties involved in the accident and witnesses and the registration numbers of the vehicles involved are noted down and a sketch is prepared
- c) the renter/driver/guide does not make any statements regarding the question of guilt - in particular no acknowledgement of guilt.
- d) appropriate safety precautions are taken for the vehicle.
The renter/driver may not leave the scene of the accident until he has fulfilled his obligation to clarify what happened and to establish the necessary facts.
After a theft of the vehicle, vehicle parts or accessories, the renter/driver must immediately file a report with the responsible police station. Witnesses must be named for the parking location of the vehicle - if available - and a corresponding sketch must be made.
The renter/driver is obliged to report any case of damage immediately and personally to the lessor completely and truthfully. Police certificates are to be enclosed. In the further processing of the claim, the lessee/driver is obliged to assist the lessor and their insurer and to provide any information required to clarify the claim and to determine the liability situation. The renter/driver must immediately provide the lessor with a truthful written description of the facts of the case.
If, in the event of a breakdown, the safe operation of the vehicle is no longer guaranteed or its use is impaired, the lessee/driver must take appropriate safety precautions and immediately coordinate with the lessor the measures to be taken.
Any work on the rented vehicle (e.g. repair of damage) is only permitted with the express prior consent of the lessor. Expenditures made nevertheless are not refunded
11) Liability of the lessee
The renter is liable to the lessor for all damage or loss of the vehicle (including vehicle parts and accessories) occurring during the rental period or caused by his operation, insofar as he is responsible for this. The Lessee's liability for damages shall extend to the repair costs plus any reduction in value or, in the event of a total loss of the vehicle, to the replacement value of the vehicle less the residual value. Furthermore, the Lessee shall be liable - insofar as incurred - for towing costs, expert fees and any other costs incurred by the Lessor and loss of rental income.
If the vehicle is made available to third parties - including additional drivers designated in the rental agreement - the renter shall be liable for compliance with the provisions of this rental agreement and the conduct of the third party/parties as for his own conduct.
The renter is responsible for the consequences of traffic violations or criminal offenses detected in connection with the rented vehicle and is liable to the lessor for all fees and costs incurred as well as warnings, fines and penalties. The Lessor is obliged to name the Lessee/Driver to the authorities in such a case.
The renter is liable for damages to third parties (e.g. other road users) to the full extent of the statutory provisions, unless the damage is covered by the existing liability insurance. Insofar as the lessor as vehicle owner is liable for such damage, the lessee shall compensate the lessor for the damage incurred.
12.) Reduction of liability for damage to the rented vehicle.
The excess for damage to the vehicle is €1,500.00. The renter can reduce his liability for damage to the rented vehicle to an excess of €200.00 per claim against payment of an additional fee of €20.00. This does not apply to damage caused by gross negligence or intent, in particular damage caused by failure to follow the guide instructions.
In all other respects, the separately agreed terms and conditions shall apply to the reduction of liability, including the non-occurrence of the reduction of liability in the event of breaches of obligations and exclusions of liability in this respect (e.g. driving while unfit to drive or in the event of unauthorized departure from the scene of an accident).
Furthermore, the reduction of liability does not apply if the renter/driver intentionally violates his contractual obligations under the rental agreement.
13.) Insurances
The rental price includes motor vehicle liability insurance at least to the minimum extent required by law. Damage to property in or on the vehicle is not covered by this.
14) Liability of the lessor
The Lessor shall make every effort to ensure that the vehicle is in perfect condition and that the vehicle is made available on time as agreed.
Should a vehicle fail and a replacement vehicle not be available within a period of 60 minutes, the renter may withdraw from the contract. In this case, the customer / renter is only entitled to reimbursement of payments already made. Any additional damage (travel, renting the vehicle elsewhere) will not be reimbursed, unless the lessor has caused the non-fulfillment of the contract intentionally or through gross negligence.
Unforeseeable, unavoidable events beyond the control of the lessor and for which he is not responsible, such as force majeure, war, terrorist attacks and natural disasters, release him from the obligation to perform on time.
The lessor shall only be liable for personal injury or damage to property caused intentionally or by gross negligence. In all other respects, liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract, unless mandatory statutory provisions provide otherwise.
The use of the rented vehicle is otherwise at your own risk.
15.) Pandemic
The tours offered take place within the framework of the infection control measures decrees passed by the federal and state governments. The tenant has to inform himself in advance about the current situation, if necessary, information can be obtained from the landlord. Before the start of the tour, the lessee is obliged to present the required proofs to the lessor without being asked and to have them checked. If the Lessee cannot provide the required evidence, the claim for participation in the tour expires. The claim for reimbursement is made according to point 3 cancellation conditions.
16.) Data protection consent
The tenant agrees that his personal data, as far as they are necessary for the business transaction, will be stored by the landlord in accordance with the Federal Data Protection Act.