General Rental Terms and Conditions

H Car Rental (hereinafter referred to as the Lessor) rents to the Lessee the contractually agreed vehicle in exchange for payment of the contractually agreed rental fee.

The rental agreement is concluded by signing or by a binding telephone or written order, which must be confirmed by the Lessor. The contracting parties are the respective signatories of the rental agreement; multiple lessees are jointly and severally liable. Regardless of express written agreements, all information provided by the Lessee regarding the essential circumstances of the rental agreement constitutes an essential part of this contract. The Lessee declares that all statements made by them, particularly regarding the assumption of obligations, are also given on behalf of the authorised driver(s), so that all declarations also apply for and against the authorised driver(s). Oral side agreements are not valid, with the exception of telephone agreements between the Lessee and the Lessor regarding the extension of the rental period.

1. The Lessee undertakes to treat the vehicle with care and in a professional manner, to observe all regulations and technical rules relevant to its use (e.g. not to drive the vehicle with low engine oil or coolant levels) and to regularly check that the vehicle is in a roadworthy condition, as well as to lock the vehicle properly. The Lessor's vehicles are generally non-smoking vehicles.

2. If during the rental period a repair of the odometer, a repair to maintain the operation or road safety of the vehicle, or a prescribed inspection becomes necessary, the Lessee may commission an authorised workshop up to an estimated repair cost of EUR 100.

3. The vehicle is handed over to the Lessee with a full fuel tank. In return, the Lessee must return the vehicle with a completely full fuel tank at the end of the rental period. If the vehicle is not returned fully refuelled, the Lessor will charge the Lessee for the refuelling and fuel according to the rates valid at the time of rental, unless the Lessee proves that no or lower costs were incurred.

4. For rental periods exceeding 27 days, the Lessee shall bear the costs up to 8% of the respective monthly rent (net) for the procurement of refill fluids (in particular engine oil, windscreen cleaner, and windscreen antifreeze) if refilling of these fluids becomes necessary during the rental period.

5. Insofar as commercial vehicles are equipped with an AdBlue® tank, the vehicle will be handed over to the Lessee with a full AdBlue® tank. For rental periods exceeding 27 days, the Lessee must return the vehicle with a completely filled AdBlue® tank. If the vehicle is not returned with a fully filled AdBlue® tank, the Lessor will charge the Lessee the costs for refilling plus a service fee according to the price list valid at the time of rental.

6. When renting vehicles with an AdBlue® tank, the Lessee must ensure that the AdBlue® tank is always sufficiently filled. The Lessee and their vicarious agents are liable without limitation for violations of the above obligation during the rental period.

1. At the time of vehicle handover, the Lessee must present a national identity card or passport, a valid domestic driving licence required to operate the vehicle, and a payment method accepted by H Car Rental that is valid for at least 30 days after vehicle return. H Car Rental accepts credit and debit cards from Visa, MasterCard, American Express, Diners Club, Discover, or JCB as well as Airplus and Amex BTA/iBTA. Prepaid cards cannot be accepted as a payment method. The payment method must be issued in the name of a lessee. If the Lessee cannot present these documents at vehicle handover, the Lessor will withdraw from the rental agreement. Furthermore, restrictions regarding age and/or duration of driving licence possession apply to certain vehicle categories.

2. The vehicle may only be driven by the Lessee or — in the case of corporate customers — by the driver specified in the rental agreement. If the vehicle is to be driven by persons other than the aforementioned, an additional fee will be charged for each additional driver.

3. Corporate customers must independently verify that the authorised driver holds a valid domestic driving licence.

4. The Lessee is responsible for the actions of the driver as if they were their own. All rights and obligations under this agreement apply in favour of and against the authorised driver.

5. The vehicle may only be used on public roads and may not be used for driving school purposes. The vehicle may not be used for:

• motorsport purposes, in particular racing events focused on achieving maximum speed
• vehicle testing or driving safety training
• on racetracks
• commercial passenger transport
• sub-letting
• committing criminal offences, even if they are only punishable under the law of the place of commission
• transporting highly flammable, toxic, or otherwise dangerous substances

6. The Lessee is obligated to properly secure any cargo.

7. Depending on the vehicle category, the use of rental vehicles abroad is prohibited in certain countries. Countries are divided into three zones for this purpose. Zone 1: Andorra, Belgium, Denmark, Germany, Finland, France, Gibraltar, Great Britain, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Austria, Portugal, San Marino, Sweden, Switzerland, Spain, and Vatican City. Zone 2: Estonia, Croatia, Latvia, Lithuania, Poland, Slovenia, Slovakia, Czech Republic, and Hungary. Zone 3: All countries not in Zone 1 or Zone 2. Entry into Zone 3 countries is generally not permitted.

8. Violations or non-compliance with any of the provisions under clauses 1, 2, 3, 5, or 7 above entitle H Car Rental to terminate the rental agreement without notice or to withdraw from the rental agreement. Compensation claims by the Lessee are excluded in such cases.

1. If the vehicle is not returned at the same rental station where it was rented, the Lessee is obligated to reimburse the Lessor for the return costs or pay a one-way fee, unless otherwise agreed in writing.

2. The rental price consists of a base rental price, special services, and any location surcharges. Special services include, in particular, one-way fees, refuelling and fuel costs, service fees, toll charges, accessories/extras such as child seats, snow chains, navigation devices, delivery and collection costs, etc. Special prices and discounts only apply in the event of timely payment.

3. Delivery and collection fees as agreed will be charged for deliveries and collections.

4. The rental agreement specifies a particular station as the vehicle return location. If a one-way rental vehicle is returned at a different station than agreed, the Lessee must pay a Flexi-Location charge of EUR 29.99 (incl. VAT).

5. If, during the term of a rental agreement, the rental is mutually extended or shortened or the return station is mutually changed, the Lessor is entitled to charge a processing fee of EUR 5.95 (incl. VAT).

1. The rental price (plus other agreed charges) plus VAT at the applicable statutory rate must generally be paid in full for the agreed rental period. Refunds for late vehicle pickup or early return will not be issued. The rental price is due at the start of the rental period.

2. The Lessee agrees that invoices will generally be sent electronically to the specified billing recipient. The Lessee may object to the sending of electronic invoices at any time.

3. The Lessee is required to provide a security deposit in addition to the rental price at the start of the rental period. The amount of the deposit depends on the vehicle group of the rented vehicle. The Lessor is not obligated to hold the deposit separately. No interest is paid on the deposit.

4. Unless otherwise agreed, the rental, all other agreed charges, and the security deposit will be charged to the Lessee's payment method.

5. The Lessor may, instead of charging the customer's credit card, block an amount equal to the deposit from the customer's credit limit through a so-called merchant inquiry.

6. If the Lessee defaults on rental payments, the Lessor is entitled to terminate the rental agreement without prior notice.

7. In the event of personal accident protection being taken, the coverage amounts to EUR 50,000 for disability, EUR 25,000 for death, and EUR 1,000 for medical costs.

1. Insurance coverage for the rented vehicle includes liability insurance with a maximum coverage of EUR 100 million for personal injury and property damage. The maximum coverage per injured person is EUR 8 million and is limited to Europe.

2. Excluded from insurance is the use of vehicles for the transport of dangerous goods requiring a permit.

3. In the event of liability claims, the Lessee or driver is not entitled to acknowledge or settle any third-party claims in whole or in part without the prior consent of the Lessor.

4. The Lessee or driver is obligated to take all possible measures to avert and mitigate damage when a loss event occurs.

1. After an accident, theft, fire, wildlife collision, or other damage, the Lessee or driver must immediately notify the police and request their attendance. This also applies if the rental vehicle was only slightly damaged, and also in the case of self-caused accidents without third-party involvement.

2. In the event of any damage to the vehicle during the rental period, the Lessee is obligated to immediately notify the Lessor in writing of all details of the incident. This also applies in the case of theft of the vehicle or vehicle parts.

3. The Lessee or driver must take all measures conducive to clarifying the circumstances of the damage event.

1. The Lessor is liable in cases of intent or gross negligence in accordance with statutory provisions. Otherwise, the Lessor is only liable for injury to life, body, or health, or for the culpable breach of essential contractual obligations. Damages for breach of essential contractual obligations are limited to the foreseeable, contract-typical damage.

2. The Lessor assumes no liability for items left in the rental vehicle upon return.

1. For vehicle damage, vehicle loss, and rental agreement violations, the Lessee and/or the driver are generally liable under the general liability rules.

2. The Lessee is free to exclude liability from accidents (contractual liability waiver) or for individual other damage (protection packages) by paying a special charge. Such a contractual liability waiver corresponds to the model of comprehensive insurance. The deductible per claim is determined by the price lists valid at the time of rental.

3. The Lessee is liable without limitation for all violations of traffic and regulatory regulations and other legal provisions. The Lessee indemnifies the Lessor against all fines, penalties, fees, and other costs. The Lessor receives from the Lessee a flat-rate administrative fee of EUR 25 (incl. VAT) for each inquiry.

4. In the event of loss or damage to the charging cable for electric and hybrid vehicles, the Lessee shall compensate the Lessor with a flat rate of EUR 420.

5. An accident is defined as an event that suddenly and directly impacts the vehicle from the outside with mechanical force. Braking, operational, and pure breakage damage are not accident damage.

6. The Lessee must ensure the timely and complete payment of applicable toll charges when using toll roads.

1. The rental agreement ends upon expiry of the agreed rental period. If the Lessee continues to use the vehicle after the agreed rental period, the rental relationship is not deemed to be extended.

2. The Lessee is obligated to return the vehicle in contractual condition at the agreed location and at the agreed return time. In the case of excessive soiling requiring special cleaning, or if the vehicle is returned with an odour impairment, the Lessee shall pay compensation.

3. Due to the use of a navigation device, navigation data entered during the rental period may be stored in the vehicle. If the Lessee/driver wishes that this data is no longer stored after return, they must ensure its deletion before return.

4. Special rates apply only for the offered period and require that the rental is for the full agreed rental period.

5. In case of breach of the return obligation, multiple lessees are jointly and severally liable.

6. If the Lessee does not return the vehicle or vehicle key at the end of the agreed rental period, the Lessor is entitled to demand compensation for use in the amount of at least the previously agreed rental fee. In addition, an administrative fee of EUR 11.90 (incl. VAT) is payable.

7. For long-term rentals (more than 27 days), the Lessee is obligated to return the vehicle upon reaching the permitted mileage stated in the rental agreement. If exceeded by more than 100 km, a contractual penalty of EUR 500 applies.

The parties are entitled to terminate the rental agreements in accordance with statutory provisions. The Lessor may terminate rental agreements extraordinarily without notice for good cause.

Good cause includes, in particular:

• significant deterioration of the Lessee's financial circumstances
• dishonoured bank collections / cheques
• enforcement measures against the Lessee
• inadequate care of the vehicle
• improper and unlawful use
• disregard of regulations on the use of motor vehicles in freight transport
• unreasonableness of continuing the rental agreement

If the Lessor terminates a rental agreement, the Lessee is obligated to return the vehicles together with all vehicle documents, accessories, and vehicle keys to the Lessor immediately.

1. The Lessor is the responsible party under data protection law. The personal data of the Lessee/driver is collected, processed, and used for the purpose of establishing, executing, or terminating the contract. Advertising use occurs only for purposes of own advertising.

2. Compliance with the rental conditions is regularly monitored by the Lessor.

3. Notice pursuant to Art. 21 GDPR: The Lessee/driver may at any time object to any processing or use of their data for advertising, market research, or opinion polling purposes. Objections should be sent to: H Car Rental, Reference: Objection, Salmstr. 2B, 52222 Stolberg.

4. Notice: The Lessor has equipped its rental vehicle fleet with a modern satellite-based tracking system. This system allows the position data of the respective vehicle to be determined and the vehicle to be located and immobilised in the event of an alarm (theft, robbery, sabotage, violation of entry restrictions or rental conditions).

1. Set-off against claims of the Lessor is only permitted with undisputed or legally established claims of the Lessee.

2. All rights and obligations under this agreement also apply in favour of and against the authorised driver.

3. Insofar as nothing is regulated in this agreement, the provisions of the Insurance Contract Act (VVG) and the General Conditions for Motor Vehicle Insurance (AKB 95) shall apply accordingly.

4. The law of the Federal Republic of Germany applies exclusively to this contract.

5. No oral side agreements exist.

6. Should any provision of these General Rental Terms and Conditions be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.

7. The place of performance for all services and exclusive place of jurisdiction is Aachen, provided the Lessee is a merchant or has no general place of jurisdiction in Germany.

1. Online dispute resolution pursuant to Art. 14(1) ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR).

2. Notice pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG): The Lessor will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obligated to do so.