Terms and Conditions

General Terms and Conditions of Rental

​

A: Vehicle condition, repairs, fuel

 

Damages known when the vehicle was handed over are recorded in the rental agreement. The renter will carefully check the vehicle for further damage before starting the journey and report this to Herrmann Rent-A-Car immediately.

 

The renter undertakes to treat the vehicle carefully and professionally, to observe all regulations and technical rules relevant to its use (e.g. not to drive the vehicle with the engine oil or coolant level too low) and to regularly check whether the vehicle is in a safe condition, is in a roadworthy condition and the vehicle must be properly locked. Herrmann Rent-A-Car vehicles are generally non-smoking vehicles.

 

If a repair of the odometer or a repair to maintain the operation or road safety of the vehicle or a prescribed inspection is necessary during the rental period, the renter may commission an authorized workshop up to an expected repair cost of EUR 100 net. If the repair costs exceed the stated value, the tenant must be informed in advance.

 

Vehicles with combustion engines (including hybrid vehicles) are handed over to the renter with a full fuel tank. In return, the renter must return the vehicle with a completely filled fuel tank at the end of the rental agreement. If the vehicle is not returned fully fueled, Herrmann Rent-A-Car will charge the renter for refueling the vehicle and fuel in accordance with the tariffs valid at the time of rental, unless the renter proves that for the refueling no or significantly lower costs were incurred.

 

Costs that Herrmann Rent-A-Car incurs due to the maximum charging and/or idle time being exceeded, as well as any costs incurred by Herrmann Rent-A-Car for fines or for using towing services, for example due to illegal parking, will be charged to this Tenant charged.

 

For rental agreements lasting more than 27 days, the tenant must pay the costs incurred for the procurement of refill fluids (in particular motor oil, AdBlue®, windshield cleaner and windshield antifreeze) by themselfs. If these fluids need to be refilled during the rental period.

 

For rentals lasting less than 28 days, Herrmann Rent-A-Car will refuel with AdBlue® for a flat fee, which will be billed to the renter based on the kilometers driven.

 

When renting vehicles with an AdBlue® tank, the renter must ensure that the AdBlue® tank is always sufficiently filled. The tenant and his vicarious agents are liable without limitation for violations of the above obligation committed during the rental period; The renter releases Herrmann Rent-A-Car from all claims that authorities or other third parties assert against Herrmann Rent-A-Car due to failure to fill the AdBlue® tank, in particular from fines and warnings.

​

B: Documents to be presented when picking up the vehicle, authorized drivers, permitted uses, trips abroad 

 

When handing over the vehicle, the renter must present an identity card or passport, a driving license that is valid in Germany and required to drive the vehicle, as well as a means of payment that is valid for at least 30 days from the time the vehicle is returned and is accepted by Herrmann Rent-A-Car. The valid driving license must be proven by presenting the original driving license. If the renter cannot present these documents when handing over the vehicle, Herrmann Rent-A-Car will withdraw from the rental agreement; Claims by the tenant due to non-fulfillment are excluded in these cases.

 

Driving licenses from non-EU/EEA countries are accepted if (i) there is no visa entered in the customer's passport or (ii) the customer has a visa in his passport and has not been in an EU for more than 6 months at the time of rental -/EEA state. If you have been in an EU/EEA country for longer than 6 months, you must present a driving license from an EU/EEA country. Foreign national driving licenses that are not written in German, that have not been issued in another EU/EEA state or Switzerland or that do not comply with Annex 6 of the Convention on Road Traffic of November 8, 1968 must be accompanied by a translation unless the Federal Republic of Germany has waived carrying the translation. The translation must be produced by an internationally recognized automobile club in the issuing state or by a body designated by the Federal Ministry of Transport and Digital Infrastructure. If the issuing state issues an international driving license, it is sufficient to present the international driving license in conjunction with the original driving license instead of a translation.

 

If Herrmann Rent-A-Car has doubts about the identity of the renter, the validity of the renter's driving license or his creditworthiness, Herrmann Rent-A-Car is entitled to withhold the vehicle handover until the existing doubts about identity, driving license and creditworthiness are satisfied by the renter Herrmann Rent-A-Car have been clarified.

 

The vehicle may only be driven by the drivers specified in the rental agreement. If the vehicle is driven by people other than those mentioned above, the fee specified in the rental agreement will be charged for each additional driver. When picking up the vehicle, it is mandatory to present the original driver's license of any additional drivers.

 

Corporate customers must independently check whether the authorized driver has a driving license that is still valid in Germany. To do this, they must exhaust all options available to them and make the necessary inquiries.

 

The renter is responsible for the driver's actions as his own. All rights and obligations under this Agreement shall be for the benefit of and to the detriment of the Authorized Driver.

 

The renter must ensure that the vehicle is only used within the framework of the applicable legal regulations. The vehicle may only be used on public roads, but not for driving school exercises.

 

   The vehicle may not be used:

• • for motorsport purposes, in particular driving events in which it is important to achieve a top speed, or for the associated practice drives,

  • for vehicle tests or driving safety training,

  • on racetracks,

  • for commercial passenger transport,

  • for subletting,

  • to commit crimes, even if they are punishable only according to the law of the place where the crime occurred,

  • for the transport of highly flammable, toxic or otherwise dangerous substances.

 

The tenant is obliged to properly secure the cargo.

​

The renter undertakes to always drive the vehicle at the technically permissible total weight and not to overload it in order to prevent damage to the vehicle.

​

Depending on the vehicle category and individual booking, the use of rental vehicles abroad is prohibited for certain countries. The applicable restrictions are stated in the rental agreement.

​

Violations of or non-compliance with one of the provisions in accordance with paragraphs 1, 2, 3, 4, 5 or 7 above entitle Herrmann Rent-A-Car to terminate the rental agreement without notice or to withdraw from the rental agreement . In such a case, the tenant's claims for compensation are excluded. The claim for compensation for damage that Herrmann Rent-A-Car incurs due to the violation of one of the provisions in accordance with paragraphs 1, 2, 3, 4, 5 or 7 above remains unaffected.

​

C: Rental price

​

The rental price consists of a basic rental price and special services. Special services include, costs for refueling and fuel, service fees, toll fees and accessories/extras.

​

For deliveries and collections, the agreed delivery or collection fees plus the costs for refueling and fuel will be charged in accordance with the price list valid at the time of rental.

​

A specific location is agreed in the rental agreement as the place to return the vehicle at the end of the rental period.

​

D: Due date, electronic invoicing, payment conditions, security (deposit), immediate termination due to late payment, personal accident protection

​

The rental price (plus other agreed fees, such as liability exemptions, delivery costs, etc.) plus VAT at the applicable statutory rate must be paid in full for the agreed rental period. There will be no refunds in the event of late collection of the vehicle or early return. The rental price is due at the beginning of the rental period. If the rental period is more than 27 days, the rent must be paid in increments of 28 days or as stated in the contract. If the rental period ends before the end of a further period of 28 days, the remaining invoice amount since the last billing must be paid at the time the rental ends.

​

The tenant agrees that the landlord's invoices will generally be handed over/sent in paper form to the specified invoice recipient. The tenant can object to the transmission of paper invoices at any time. In this case, Herrmann Rent-A-Car will issue the invoices to the renter in electrical form.

​

The tenant is obliged to pay a deposit in addition to the rental price at the start of the rental period as security for the fulfillment of his obligations. The amount of the deposit depends on the vehicle group of the rented vehicle and can be requested from the Herrmann Rent-A-Car staff.

​

Herrmann Rent-A-Car is not obliged to invest the security separately from its assets. No interest will be paid on the security. Herrmann Rent-A-Car can assert the right to provide security even a long time after the start of the rental agreement.

​

Unless otherwise agreed, the rent, all other agreed fees and the security deposit (deposit) will be charged to the tenant's means of payment, in particular the credit card, debit card or Maestro card. For one-off payments, a transfer of the amount is preferred.

​

Instead of debiting the customer's credit card, Herrmann Rent-A-Car can have an amount equal to the deposit blocked in their favor from the credit limit that has been granted to the customer by their credit card company for their credit card as part of a so-called dealer request.

​

If the tenant defaults on paying the rent, Herrmann Rent-A-Car is entitled to terminate the rental agreement without notice, even without prior notice. If the agreed rental period exceeds a period of 27 days and the tenant defaults completely or to a significant extent on paying the rent for the period in question, Herrmann Rent-A-Car is entitled to terminate the rental agreement due to late payment, even without prior warning to terminate without notice.

​

When taking out personal accident insurance, the coverage amount is EUR 50,000 in the event of disability, EUR 25,000 in the event of death, and EUR 1,000 for medical costs.

​

E: Insurance

​

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

​

Excluded from the insurance is the use of the vehicles for the transport of dangerous substances that require authorization within the meaning of the Hazardous Goods Ordinance on Roads, Railways and Inland Waterways (GGVSEB).

​

In the event of liability damage, the renter or driver is not entitled to recognize or satisfy claims from third parties in whole or in part without the prior consent of Herrmann Rent-A-Car.

​

The renter or driver is obliged, if possible, to prevent and minimize the damage if the damaging event occurs. He must follow instructions from Herrmann Rent-A-Car, as far as is reasonable, and provide support in determining and settling the damage.

​

Herrmann Rent-A-Car is authorized to fulfill or defend against claims for damages made against the renter or driver on their behalf and to make all declarations that appear appropriate within the framework of due discretion.

​

If claims are asserted against the renter or driver out of court or in court, the renter or driver is obliged to report this immediately after the claim has been raised.

​

If claims are asserted in court, Herrmann Rent-A-Car will allow the legal dispute to be conducted. Herrmann Rent-A-Car is entitled to appoint a lawyer on behalf of the renter or driver, to whom the renter or driver must grant power of attorney as well as all necessary information and provide requested documents.

​

F: Accidents, theft, reporting requirements, obligations

​

After an accident, theft, fire, wildlife or other damage, the renter or driver must immediately notify and involve the police; In particular, if the police cannot be reached by telephone, report the damage to the nearest police station. This also applies if the rental vehicle was slightly damaged, and also in the event of self-inflicted accidents without the involvement of third parties.

​

In the event of any damage to the vehicle during the rental period, the renter is obliged to immediately inform Herrmann Rent-A-Car in writing of all details of the event that led to the damage to the vehicle. This also applies in the event that the vehicle or vehicle parts are stolen. For this purpose, the renter should carefully and truthfully fill out all points of the accident report form included with the vehicle documents, in particular the location, time and description of the accident, the driver's full name and address at the time of the accident. The form can also be requested at any time by telephone from Herrmann Rent-A-Car.

​

The renter or driver must take all measures that are useful and conducive to clarifying the damage event. This includes, in particular, that they must answer Herrmann Rent-A-Car's questions truthfully and completely about the circumstances of the damage event and must not leave the scene of the accident before the necessary findings are made, which are particularly important for Herrmann Rent-A-Car to assess the damage could be met or without enabling Herrmann Rent-A-Car to meet them.

 

G: Liability of Herrmann Rent-A-Car

​

Herrmann Rent-A-Car is liable in cases of intent or gross negligence on the part of Herrmann Rent-A-Car, a representative or a vicarious agent in accordance with the statutory provisions. Otherwise, Herrmann Rent-A-Car is only liable for injury to life, body, health or culpable violation of essential contractual obligations. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract.

​

Herrmann Rent-A-Car assumes no liability for items left behind in the rental property upon return; This does not apply in cases of intent or gross negligence on the part of Herrmann Rent-A-Car, a representative or vicarious agent.

​

H: Liability of the tenant

​

In the event of vehicle damage, vehicle loss and rental agreement violations, the renter and/or the driver are generally liable in accordance with the general liability rules. Accordingly, the renter and/or driver are not liable if they are not responsible for the breach of duty.

​

The renter is free to exclude liability from accidents (contractual liability exemption) or for individual other damages (protection packages) for damage to Herrmann Rent-A-Car, for vehicle loss and fire by paying a special and/or additional fee. Such a contractual exemption from liability corresponds to the model of fully comprehensive insurance. In this case, the renter and the drivers covered by the contractual liability exemption are liable for each individual damage event up to an amount equal to the agreed deductible; There is no entitlement to a contractual exemption from liability or a booked protection package if the damage was caused intentionally. If the damage was caused by gross negligence, Herrmann Rent-A-Car is entitled to reduce its obligation to provide indemnification, even from a booked protection package, in proportion to the severity of the fault. Furthermore, there is no entitlement to a contractual exemption from liability or from a booked protection package if an obligation to be fulfilled by the renter or driver, in particular according to letter G of these general rental conditions, has been intentionally violated. In the event of a grossly negligent violation of an obligation to be fulfilled by the renter or driver, Herrmann Rent-A-Car is entitled to reduce its liability release service, even from a booked protection package, in a proportion that corresponds to the severity of the fault; The tenant or driver bears the burden of proof for the absence of gross negligence. Deviating from the provisions of the previous two sentences, Herrmann Rent-A-Car is obliged to release liability, even from a booked protection package, to the extent that the breach of the obligation neither affects the occurrence of the liability release event nor the determination or extent of Herrmann Rent-A-Car’s liability release obligation  is causal; This does not apply if the obligation was breached fraudulently.

​

The contractual exemption from liability only applies to the rental agreement period.

​

The renter is liable without limitation for all violations of traffic and regulatory regulations and other legal provisions as well as for all disruptions to property that he or third parties to whom the renter leaves the vehicle cause. The renter indemnifies Herrmann Rent-A-Car from all fines and warnings, fees and other costs that authorities or other bodies levy on Herrmann Rent-A-Car as a result of such violations. As compensation for the administrative costs that Herrmann Rent-A-Car incurs for processing inquiries sent to Herrmann Rent-A-Car by law enforcement authorities or other third parties to investigate administrative offenses, criminal offenses or disturbances committed during the rental period, each such Upon request, an individual flat rate for expenses is due, which will be invoiced to the tenant, unless the tenant proves that Herrmann Rent-A-Car incurred no or significantly less expense and/or damage; Herrmann Rent-A-Car is free to claim further damage.

​

An accident is defined as an event that suddenly impacts the vehicle from outside with mechanical force. Braking, operational and pure breakage damage are not accident damage; this applies in particular to damage caused, for example, by slipping load, incorrect refueling, damage due to switching, torsion damage, operating errors, overstressing of the vehicle as well as damage between the towing and towed vehicle or trailer without external influences.

​

When using toll roads, the tenant must ensure that the toll fee is paid in full and on time. The renter releases Herrmann Rent-A-Car from all toll fees that he or third parties to whom he leaves the vehicle incur.

​

The regulations of the Insurance Contract Act (VVG) and the regulations of the General Conditions for Motor Insurance (AKB) apply in addition to the regulations in these General Terms and Conditions.

​

Several tenants are jointly and severally liable for claims arising from or in connection with the rental agreement.

​

I: Return of the vehicle, data in navigation and communication systems, vehicle exchange

​

The rental agreement ends at the end of the agreed rental period. If the renter continues to use the vehicle after the agreed rental period has expired, the rental agreement is not considered extended. § 545 BGB does not apply.

​

The renter is obliged to return the vehicle to Herrmann Rent-A-Car in a contractual condition at the agreed location and at the agreed return time at the end of the rental period. If the vehicle is excessively dirty, which requires special cleaning of the vehicle, or if the vehicle is returned with an odor impairment, the renter will pay compensation to Herrmann Rent-A-Car. Special cleaning costs are calculated based on effort. If the renter returns his vehicle before the end of the rental period agreed in the rental agreement without first informing the landlord of the early return, the rental company will check the possibility of refunding unused rental days. This also applies if the agreed mileage is not used.

​

As a result of using a navigation device, the navigation data entered during the rental period may be stored in the vehicle. When 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 the vehicle. Deletion can be done by resetting the vehicle's navigation and communication systems to factory settings. Herrmann Rent-A-Car is not obliged to delete the aforementioned data.

​

Special rates only apply to the period offered and require that the rental takes place for the full rental period agreed upon at the time of rental. If the agreed rental period is exceeded or not reached, the special tariff does not apply to the entire rental period, but the normal tariff.

​

If the return obligation is violated, several tenants are jointly and severally liable.

​

If the renter culpably does not return the vehicle or the vehicle key to Herrmann Rent-A-Car at the end of the agreed rental period, Herrmann Rent-A-Car is entitled to demand compensation for use in accordance with the current rental information for the duration of the withholding. In addition, the renter is obliged to pay flat-rate compensation for the associated processing costs in accordance with the current rental information, unless the renter proves that Herrmann Rent-A-Car incurred no or significantly lower costs and/or damage. The assertion of further damage is not excluded.

​

For long-term rentals (rentals with an agreed rental period of more than 27 days), the following applies in addition to points 1 to 7 of this Section J:

​

If the permissible mileage specified in the rental agreement is reached, the renter is obliged to return the vehicle before the end of the agreed rental period. In the event that the tenant culpably exceeds the permissible mileage specified in the rental agreement by more than 100 km, he is obliged to pay a contractual penalty of EUR 500 (including VAT); In addition to paying the contractual penalty, Herrmann Rent-A-Car can also demand further compensation. In such a case, the claim for a contractual penalty will be offset against a claim for further damages arising from the same breach of duty. If the mileage specified in the rental agreement is reached before the end of the agreed rental period, Herrmann Rent-A-Car must be informed.

​​

The renter is obliged to return the vehicle at the end of the agreed rental period. For each culpable violation, the tenant is obliged to pay a contractual penalty of EUR 500 (including VAT). In addition to paying the contractual penalty, Herrmann Rent-A-Car can also demand further compensation. In such a case, the claim for a contractual penalty will be offset against a claim for further damages arising from the same breach of duty.

 

The renter is obliged to return the vehicle on instructions to Herrmann Rent-A-Car during the rental period if there is a valid reason for doing so. Valid reasons include, in particular, the carrying out of inspection, maintenance or repair work, a manufacturer recall, reaching a certain mileage or a certain holding period. In this case, when the renter returns the vehicle, he will receive a replacement vehicle corresponding to the vehicle category he booked for the remainder of the rental period.

 

If, contrary to the above instructions, the renter does not return the vehicle to Herrmann Rent-A-Car or does not return it in a timely manner, Herrmann Rent-A-Car is entitled to terminate the contractual relationship without notice after a previous unsuccessful warning and to demand compensation from the renter.

 

When returned, the vehicle must still have a remaining range of at least 40km as shown on the on-board computer. (In this case lit. A4 comes into force)

 

J: Termination

 

The parties are entitled to terminate the rental agreements in accordance with the statutory provisions. Herrmann Rent-A-Car can terminate the rental agreements without notice for good cause.

 

       The following is particularly important reason:​

​

• Significant deterioration in the tenant's financial circumstances, dishonored direct debits/cheques,

​​

• enforcement measures directed against the tenant, lack of maintenance of the vehicle,

​​

• improper and unlawful use,

​​

• Failure to comply with the regulations governing the use of motor vehicles in road haulage, 

​​

• the unreasonableness of continuing the rental agreement; e.g. because the damage ratio is too high.

 

If there are several rental contracts between Herrmann Rent-A-Car and Tenants and Herrmann Rent-A-Car is entitled to terminate the termination without notice for an important reason, it can also terminate the other rental contracts extraordinarily without notice if it also maintains the further rental contracts due to grossly unfaithful behavior of the tenant is not reasonable.

 

      This is in particular the case if the tenant:

​​

• a rental vehicle intentionally damaged,

​​

• Herrmann Rent-A-Car culpably silent a damage incurred on the rental vehicle or tries to hide one,

​​

• Herrmann Rent-A-Car deliberately causes damage,

​​

• With rental payments with a total height of at least one weekly rent, more than five bank working days are in arrears,

​​

• a rental vehicle used for intentional criminal offenses.

 

If Herrmann Rent-A-Car terminates a rental agreement, the renter is obliged to immediately return the vehicles, including vehicle documents, all accessories and all vehicle keys, to Herrmann Rent-A-Car.

 

K: Direct debit authorization of the tenant, set -off ban

 

The renter authorizes Herrmann Rent-A-Car and its collection agent to irrevocably debit all rental car costs and all other claims related to the rental agreement from the means of payment presented at the conclusion of the rental agreement or named in the rental agreement or from the means of payment subsequently presented or additionally named by the tenant.

 

Herrmann Rent-A-Car's claims are only possible with undisputed or legally established claims by the tenant or a legitimate driver.

 

L:  Written form, dispute resolution, place of jurisdiction, contractual language, salvatory clause

 

There are no additional verbal agreements.

 

The European Commission has set up a platform for the extrajudicial online dispute resolution of consumer disputes at http://ec.europa.eu/consumers/odr/. Herrmann Rent-A-Car will not take part in a dispute settlement procedure in front of a consumer arbitration board and is also not obliged to do so.

 

If the tenant is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Kaiserslautern.

 

The contract language is German. If Herrmann Rent-A-Car provides the customer with these general terms and conditions or other contractual conditions in another language as part of the conclusion of the contract, these are merely non-binding translations and a non-binding service from Herrmann Rent-A-Car. In the event of deviations, ambiguities and contradictions between the German version and other versions of the General Terms and Conditions and other contractual conditions, the German version always takes precedence over any translations.

 

Should any of the above conditions be or become wholly or partially ineffective or void, this will not affect the effectiveness of the remaining provisions. § 139 BGB does not apply.

 

M: Various

 

For certain services (long-term rental), Herrmann Rent-A-Car regularly asks the renter to provide proof of a current driving license.

 

The renter is obliged to notify Herrmann Rent-A-Car immediately by email (herrmann.rentacar@gmail.com) of the revocation of the driving license as well as all circumstances restricting the driving license (e.g. restriction of the driving license, temporary seizure or confiscation of the driving license or a judicial or official driving ban). gmail.com). If the driver's license is revoked or if other circumstances occur that restrict the driver's license (e.g. restriction of the driver's license, temporary seizure or confiscation of the driver's license or a judicial or official driving ban), the renter is prohibited from renting vehicles. If one of the aforementioned circumstances occurs, the right to drive a rented vehicle ends or is suspended immediately.