1. General
 

1.      The contract language is German.

2.      Regardless of express written agreements, all information provided by the tenant about the circumstances essential to the rental agreement constitutes an essential part of this contract. In particular, the tenant declares with his signature that he is able to pay the agreed rental price.

3.      In consideration of the exceptional risks of renting a motor vehicle known to both parties to the contract, the renter undertakes to drive without any alcohol and/or drug influence.

4.      Unless otherwise agreed, the vehicle may only be used on public roads. The following purposes are prohibited:

o   Motorsport events (test and driving safety training, race tracks)

o   unlawful purposes, such as: the commission of criminal offenses

 o   commercial purposes such as: transport of people and/or dangerous goods 

5.      Our vehicles are equipped with a GPS tracking system. The trips are recorded and

saved.

6.      The renter is obliged to treat the vehicle carefully and properly. The roadworthiness (especially tire pressure, lighting, fluids) must be checked regularly. Engine warm-up phase: The engine must not exceed 4,000 rpm. be turned as long as the engine oil is not at least 75°. Any damage that may arise as a result will be charged to the tenant. This can be proven several years later by reading the engine control unit.

7.      The vehicle must be secured against theft, break-in and damage by third parties.

8.      The renter declares that all declarations made by him, in particular with regard to the assumption of his obligations, are also made as a power of attorney for the authorized driver or drivers of the rental car, so that all declarations also apply for and against the authorized driver or drivers.

9.      Switching off traction control and ESP is strictly prohibited. Expiry of insurance benefits!

10.    Drifting, burnouts, launch control – starts, track mode and the like are prohibited! If these are carried out and it can be proven that the tread depth has decreased, the renter will be charged a new set of tires and a flat rate of €500 for overloading the vehicles.

11.    In the event of violations, the renter is liable without limitation for all resulting and subsequent damage (e.g.: transmission damage due to launch control, overloading of the brakes).

12.    The vehicle is handed over by the landlord with a full tank and returned by the tenant with a full tank. Fuel costs and operating material costs (oil, cooling water and the like) during the term of the contract are borne by the tenant.
If a vehicle is not returned with a full tank, a flat rate fuel charge of €30.00 + €2.50 will be charged per missing liter of fuel.
With the Tesla, a charging fee of €25 is due if the battery level is below 75%.

13.    Unless otherwise agreed, the vehicle may only be used in Austria.

14.    There is an absolute ban on smoking in the vehicle!

15.    In the event of severe weather (heavy rain, hail, snowfall and storms), the vehicle must be stored safely and must not be moved.

16.    The vehicle must be returned to the rental company cleaned (inside and outside), otherwise all cleaning fees incurred will be charged to the renter. The deposit can only be refunded after an inspection of a clean or dry car.

17.    Vouchers cannot be redeemed for cash. We assume no liability for the availability of the vehicles. When making a reservation, our cancellation conditions apply. Vouchers for certain vehicles expire if the vehicle is no longer available. A voucher is valid for 5 years.

18.    The renter is liable for damage to the brakes (overload, stone chips)

19.    As a result of using a navigation device, the navigation data entered during the rental period may be stored in the vehicle. If mobile phones or other devices are paired with the vehicle, data from these devices may also be stored in the vehicle. If the renter/driver wishes that the aforementioned data is no longer stored in the vehicle after the vehicle has been returned, he must ensure that it is deleted before returning it. The landlord is not obliged to delete the data.

20.   The landlord reserves the right to claim any damage that was overlooked during the brief inspection upon return   (especially in the case of a wet vehicle) must be reported and claimed up to 7 days after the end of the rental. However, it must be proven to the renter that the vehicle has not been moved in the meantime (mileage, GPS log).

21.    All loading and blocking fees must be paid by the renter. Either directly at the charging station or at the superchargers at the end of the rental to the landlord.

22.    The Tesla has a guard mode and a dashcam and a guard mode. The recordings are saved for a few hours.

23.    If a vehicle breaks down due to a defect, ALPCARS is not liable for any damage caused to the renter. However, Alpcars will endeavor to provide a replacement vehicle from its own fleet.

 

2. Rental agreement, tenants and authorized drivers

 

1.     The rental agreement comes into effect by signing it in writing or by confirming it by email or by telephone

         Commitment, which must be confirmed by the landlord in text form, is concluded.

2.      In principle, there is no right of cancellation for rental contracts.

3.      Tenants can be one or more people who must be expressly named as tenants in the rental agreement.

4.      The renter may not pass the vehicle on to unauthorized third parties. A violation will result in the loss of all insurance coverage. Any damage that occurs will therefore be borne entirely by the tenant.

5.      When handing over the vehicle, the renter must present the following documents:
1. A driving license valid in Austria for each contractual driver
2. A valid ID card or passport
3. A valid means of payment
If the specified documents are not available or not complete at the start of the rental period, the landlord is entitled to withdraw from the rental agreement. Claims by the tenant due to non-fulfillment are excluded.

6.      When the vehicle is handed over, a protocol is created in which the most important data for the vehicle rental is recorded. This includes the tenant's data, condition and mileage of the vehicle, etc. All damage known to the landlord is recorded there. The renter is obliged to inspect the vehicle and confirm any known damage and to record any unknown damage in this report.

7.      When returning the vehicle, ALPCARS will continue the protocol created upon handover. In the presence of the renter, the obvious condition of the vehicle, the mileage and any damage are added to the report.
If you return a wet or dirty vehicle, any damage may only be detected during the next wash and can be claimed by the rental company at a later date. 

 

         3. Rental period and payment conditions

 

1.      The rental period is expressly agreed in writing between the landlord and tenant. The daily rental period is a period of 24 hours, starting with the rental period stated on the front of the rental agreement. Additional hours not agreed upon will be charged per hour at 1/4 of the daily rate. If the tenant has agreed to rent in writing, he has read and accepted the rental conditions of ALPCARS.

2.      If the tenant intends to extend the agreed rental period, the landlord must be notified at least three hours before the end of the agreed rental period and must be approved by the landlord. In the event of failure, the rental car must be returned punctually on the agreed return date. Even if the rental agreement is only extended verbally, all agreements in the original rental agreement remain in effect. If the rental agreement is not extended (regardless of the reasons), the tenant loses all rights under the rental agreement, in particular the insurance coverage promised by the landlord and the reduction of the tenant's liability. Regardless of this, the tenant 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 landlord reserves the right to provide proof of further damage.

3.      The rental price including insurance coverage is based on the landlord's current price list. The rental price plus deposit must be paid in advance. This also applies if the rental period has been extended.

4.      A booking is only valid if a deposit of 20% of the booked rental price has been paid to ALPCARS up to ten days after the written agreement. If this is not the case, the promise from ALPCARS will expire.

5.      Upon termination of the rental agreement, the rental vehicle must be returned to the rental company at the rental station where the rental took place within business hours, subject to any special agreements made in the rental agreement.

6.      The tenant is not entitled to set off or assert a right of retention against the landlord's rent claim, unless the claim to be set off is undisputed or legally established.

7.      If payment is made by credit card or the deposit is deposited by credit card, ALPCARS is entitled to bill any damage or damage excess and other claims arising from the rental agreement to the credit card. Depending on the card provider, the refund of the deposit may take a few days.

8.      The landlord is obliged to pay a deposit according to the price list at the start of the rental period. No interest will be charged on the deposit.

9.      If the renter exceeds the included kilometers included in the rental period, the renter undertakes to pay the additional kilometer price for each additional kilometer in accordance with the separate price list.

10.    Unused inclusive kilometers, including those booked or acquired through promotions, for example, expire at the end of the agreed rental period. There will be no refund of any kind.

 

          4. Damage to the rental car

 

1. Technical damage 

         If operational malfunctions or other technical problems occur with the rental car, the renter must inform the rental company immediately. The repair of the damage may only be carried out in a specialist workshop of the rental car manufacturer with the express written permission of the landlord. The landlord's approval is not necessary if the specialist workshop gives the tenant a written and binding promise before the repair is carried out that the repair costs will not exceed EUR 80. The landlord will reimburse the tenant for the actual costs incurred by the tenant in accordance with the previous provisions for repairing the damage upon presentation of the original invoice paid out and acknowledged by the tenant if the tenant proves that the damage and operational disruptions were not his fault or that the vehicle was unsafe for traffic .

2.      Damage due to accident

Accident damage within the meaning of these provisions is any event in public and private road traffic that is causally related to its dangers and results in material damage to the rental car, regardless of whether another road user was involved in the accident or not.

In the event of any accidental damage, the tenant is obliged:  

a) to notify the police immediately and to remain at the scene of the accident until the notified police arrive.

b) record the names and addresses of all people involved, the license plates of the vehicles involved and the insurance policies of those involved, as well as the names and addresses of all witnesses and

c) to prepare a complete damage report (description of the scene of the accident including a sketch, the time of the accident and the course of the accident) and hand it over to the responsible ALPCARS employee.

The renter is not entitled to acknowledge liability verbally or in writing or to anticipate settlement of the damage event through the liability insurance taken out for the rental car through other statements, concessions or even payments.

The tenant is obliged to inform the landlord immediately by telephone, or if necessary by email, of an accident.

When returning the rental car, the renter must report all damage, operational disruptions and accident damage to the rental company without being asked, even if they have been repaired in the meantime.

 

 5. Liability of the tenant

 

1. Unlimited liability of the renter if the vehicle is handed over to unauthorized drivers.

If the renter leaves the rental car to a third party not listed in the rental agreement, the renter and the third party are liable as joint and several debtors without limitation in the event of damage to the rental car.

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

By concluding a separate agreement, the excess for damage caused by the renter and the authorized driver can be limited. Such a contractual liability reduction corresponds to the model of fully comprehensive insurance. In this case, the renter and the authorized driver are liable for damages up to an amount equal to the agreed deductible. The liability of the renter/driver for traffic violations and criminal offenses cannot be excluded.

1. Unlimited liability of the renter and authorized driver despite contractual liability limitations in the event of accidents, theft, vandalism, overloading, etc.

The reduction in liability does not apply to damage caused intentionally by the renter/driver. In the event of grossly negligent damage or breach of duty, ALPCARS is entitled to claim against the renter/driver to an extent commensurate with the severity of the fault, up to the amount of the total damage. The tenant/driver bears the burden of proof for the absence of gross negligence.
Regardless of the agreed limitation of liability, the tenant and driver are liable to the landlord in full as joint and several debtors for damages:

a) In all cases in which, within the framework of a fully comprehensive insurance contract, the respective fully comprehensive insurance company (landlord) may withdraw insurance cover from its policyholder (tenant), and beyond.

b) If the driver drives the motor vehicle even if he is slightly under the influence of alcohol and/or drugs,

c) If the renter, who is entitled to choose the driver independently, hands over the rental car to a driver who does not have the driving license required for the rental car in question.

d) If the vehicle was used in a traffic violation or for sporting competitions.

e) For unauthorized trips abroad with the rental vehicle.

f) The renter is liable for all damage to the vehicle resulting from operating errors or overuse during the rental period. In the event of damage, it will be checked when and whether the respective renter handled the vehicle improperly and this led to the damage (warm-up phase not observed, overspeed, switching errors). This is done through a technical inspection in the workshop and can be determined up to 2 years after the rental. The respective tenant may be charged the full amount of the repair. The wide tires mean there is a high risk of aquaplaning. Damage caused by aquaplaning is entirely attributable to the renter and is not covered by fully comprehensive insurance.

g) The renter and the driver are liable without limitation for violations of legal regulations, in particular traffic and regulatory regulations, committed by you or third parties during the rental period. The renter and the driver indemnify the rental company for all fines and warnings, fees and other costs   the authorities or other bodies are free to collect from the landlord due to such violations. We charge a processing fee of €15 per administrative order for subsequent fines.

 

 

1. Amount of damages to be paid

In the event of liability, the tenant and driver must pay jointly and severally for the following damages:

a) The tenant's liability for damages extends 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 minus the residual value. Furthermore, the tenant is liable - if incurred - for towing costs, rescue and repatriation, expert fees and any other costs incurred by ALPCARS and loss of rent amounting to 60% of the daily rates in the currently valid price list.

b) If the vehicle is handed over to third parties, the renter is liable for compliance with the provisions of this rental agreement and the behavior of the third party as well as his own behavior. 

c) If the vehicle is not used in accordance with the contract, all insurance cover will be void. All resulting damages must be borne by the tenant.

d) The tenant must pay the landlord €1,000 in processing fees per case of damage (regardless of whether it is covered by fully comprehensive insurance or not).

 

6. Liability of the landlord

 

Claims for damages by the tenant against the landlord arising from the rental agreement, unless the claim relates to injury to life, body, health or an essential contractual obligation, are excluded, unless the damage is based on a grossly negligent breach of contract by the landlord or an intentional or grossly negligent breach of contract by a legal representative or vicarious agent of the landlord. This regulation also applies to damages resulting from the breach of obligations during contract negotiations. The renter expressly releases the rental company from any liability for damage or loss to or from items carried by or left in the vehicle.

 

7. Extraordinary termination

 

The landlord is entitled to terminate the rental agreement without notice for good cause. The following is particularly important reason:

 

o   lack of vehicle care

o   improper and unlawful use

o   intentional damage to the rental vehicle

o   the attempt to culpably conceal or conceal the damage caused

o   Using the vehicle in the commission or for the purpose of committing intentional crimes

 

8. Cancellation conditions

 

1.      A fixed booking/reservation is valid and binding in writing as well as verbally.

2.      A one-time change to the booking is possible up to seven days before the start of the rental for a rebooking fee of EUR 30. There will be no refund of advance rental payments already made. In the event of cancellation, a cancellation fee will be charged. Cancellation is possible up to 72 hours in advance. The amount of the cancellation fee depends on the time of withdrawal:
• up to 4 weeks before the start of the rental period: free of charge
• from the beginning of the 4th week to the beginning of the 2nd week before the start of the rental: 30% of the rental price
• less than 2 weeks up to 72 hours before the start of the rental period: 50% of the rental price
• If the item is not picked up: 95% of the rental price.

 

 9. Final provisions

 

Austrian law applies.

Should individual provisions of these General Terms and Conditions be wholly or partially not legally effective or unenforceable, or should they later lose their legal effectiveness or enforceability, this will not affect the validity of the remaining provisions. The statutory regulation comes into force in place of the ineffective or unenforceable provisions.

If the tenant is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of ALPCARS. The same applies if the tenant does not have a general place of jurisdiction in Austria or if his place of residence or habitual residence is not known at the time the action is filed. Violations of the rental conditions are considered a breach of contract and are punished with an additional fine of EUR 500.00.