1. General terms
The company Classic Roadster Munich or an associated lessor rents
out the vehicle
specified in the rental agreement pursuant to the following terms
which the lessee/user accepts upon entering into the rental agreement.
The lessee/user declares that he is authorized to place an order
and that he is willing
and able to pay the total direct and indirect rental costs. The
instructions of the lessor
will have to be observed. Any violation will result in the immediate
termination of the
rental agreement. For lessee-drivers the following additional terms
The minimum age of a male lessee/user shall be 28 years, the male
lessee having held
a valid driving licence for no less than eight years.
The minimum age of a female lessee/user shall be 26 years, the female
held a valid driving licence for no less than six years.
A valid national driving licence has to be shown when renting the
2. Delivery of the vehicle
The lessee/user receives the car with all its accessories and a
refilled tank, in perfect
and undamaged condition together with the vehicle registration papers.
3. Time limit of preclusion
The lessee/user agrees to disclose obvious defects of the rented
Otherwise it will not be possible to assert any warranty claim or
waiver of liability.
4. Use of the vehicle
The vehicle is rented and let to the lessee/user personally. The
explicit approval of
the lessor will be required for:
- Rides outside of the territory of the Federal Republic of Germany
(possible only to Austria, Switzerland and Northern Italy);
- letting the vehicle to a third person, in particular in case
of a sudden illness ofthe lessee.
Under no circumstances shall the vehicle:
- be rented to a third person;
- be used for rides to countries other than those mentioned above;
- be used in races, or other motoring events to reach high speeds or time limits;
- be used for the transport of goods other than the usual personal
5. Special custody of the vehicle
As all vehicles are singular and precious specimen,
special custody is incumbent on the lessee/user. The lessee/user
will have to take good care of the vehicle and observe all provisions
and technical instructions which may be important for the use of
the vehicle including the periods of maintenance which are much
shorter for an classic than for contemporary cars. The lessee/user
will be liable for any wear and tear exceeding the normal use. Unless
otherwise specified, supergrade gasoline of 98
RON and the addition of a
lead-substituting additive is needed for
all vehicles. Overnight parking in garage
6. Cancellation The cancellation of a firm reservation will be charged with 25,00 EUR cancellation fee if made not later than 14
days prior to the beginning of the rental period. In case of a shorter cancellation of a firm reservation a fee of
50% of one daily rent of the respective price group and rental period will be charged.
Transfer of a firm booking to a different date will be charged with 47,60 €. Cancellation of a firm booking will be charged with 50% of the rental fee, min. 99,00 €.
7. Conduct in case of loss
In case of loss (accident, theft, other damage or defect) the lessee/user
inform the lessor immediately and completely. In general, the following
In case of an accident the report will have to show the names
and addresses of
all persons involved and of any witnesses as well as the registration
all vehicles involved. The place of the accident will have to be
means of the camera lying in the vehicle.
The lessee/user will have to arrange for the accident being recorded
police. He is not authorized to admit any fault or guilt.
If the vehicle has been stolen or damaged otherwise, all necessary
be made by the police will have to be arranged for by the lessee/user
The lessee/user will have to return the vehicle on the day agreed,
usually at the end of
the rental period, in the same condition (gas refilled) as on receiving
including all accessories and registration papers and at the place
where the return has
been agreed. If the vehicle is returned without having been refilled,
the fuel and oil service
will be charged in addition. In case of a late return, a rental
price of a minimum of 6
hours will be charged in addition.
9. Terms of payment
The lessor will accept payment in cash or by credit cards issued
Express, MasterCard, or Visa.
In case of payment in cash and before the vehicle is delivered,
the lessor may ask for
a prepayment up to the amount of the expected price, however, amounting
minimum of 200.00 €. The remainder will have to be paid in
cash upon the return of
the vehicle. Otherwise, the amount unpaid will have to be paid not
later than three
days following the return of the vehicle.
In case of payment in cash the amount of the own risk chosen will
have to be
deposited as a security in cash.
The cost of gas will have to be paid by the lessee/user.
If the lessee/user is in default of payment, the lessor will have
the right to charge a
collection fee amounting to 10.00 € for each reminder and in
addition default interest
amounting to 10 % without further proof. If a collection agency
is entrusted with the
collection of the amounts due, the lessee/user will have to pay
alone the costs arising
11. Liability of the lessor
Except for the violation of fundamental obligations of the contract,
the lessor and his
vicarious agents will only be liable for gross negligence (i.e.
only for wilful fault or
gross carelessness). Beyond such case he will only be liable as
far as the damage can
be covered by a motor-vehicle liability insurance within the scope
of the General
Terms and Conditions of the motor-vehicle insurance (AKB). Likewise,
will be liable for any faults or problems of the car which obviously
did not exist when
the car was delivered as well as for any loss or damage arising
therefrom only in case
of gross negligence. In particular, the lessor will not be liable
for the failure to comply
with this agreement, if such failure arises from an unforeseen defect
or accident of the
car. Moreover, the lessor will not be liable for the failure to
carry out an order, if the
reason for the failure to carry out the order is due to a third
person or local
circumstances (e.g. traffic jam).
All other warranty claims will be restricted to the right of touch
12. Liability of the lessee/user
The lessee/user will be liable for all parking and traffic violations.
In case of damage to the car or accidents caused by fault of the
lessee/user will have to pay the amount of the own risk up to a
maximum of 5,000.00 €.
The lessee/user shall be liable without any limitation for damage
due to an accident, if
he has caused such damage wilfully or by gross negligence or the
damage has been
caused by a restriction of the ability to drive due to alcohol or
In case of a hit-and-run accident or a violation of the duties by
the lessee/user arising
from item 7 of these terms and conditions, the lessee/user shall
also be liable without
The lessee/user shall be liable without any limitation for all damage
arising from the
use of the vehicle other than the use intended in this agreement
- see item 4 above.
In all other cases the provisions of the legal liability shall apply.
13. Insurance The legal liability insurance is included for all vehicles. In
addition, a full
comprehensive plus collision insurance with an own risk of €
5,000.00 has been
concluded for all vehicles. On request, this own risk can be limited
to € 1,500.00.
Limitation of claim for damages of the lessor because of a change
or deterioration in
the condition of the vehicle will begin when fine or criminal preliminary
are instituted against the lessee/user, the lessor or his legal
representative is granted
inspection of the files, however, not later than six months following
the return of the
15. Preclusion clause
Classic Roadster Munich explicitly reserves the right to refuse
to enter into a
16. Law and place of venue
German law will apply. The UNCITRAL Sale of Goods Act (UN Sale of
Act) will be explicitly excluded. Place of venue for all parties
involved will be Munich.
17. Separability clause If one or several clauses of these General Terms and Conditions
of renting and using
a vehicle should become void, the effectiveness of the other clauses
will not be
18. Written arrangements
Any arrangements other than those provided for in this agreement
will have to be
made in writing.
19. Modification of the General Terms and Conditions
Classic Roadster Munich explicitly reserves the right to modify
these General Terms
and Conditions at any time and without prior notice.