Terms and conditions

1. Scope

The following Terms and Conditions contain the basic rules for the use of services and the conclusion of contracts with Rental Solutions GmbH, Ludwig-Richter-Straße 20, 42329 Wuppertal, represented by the managing director Florian Schulz (hereinafter referred to as "RS GmbH"), as well as for all, including future legal transactions and legally similar actions between the service recipients and RS GmbH. Any terms and conditions of the service recipients deviating from these conditions shall not apply.

2. Conclusion of Contract
2.1 Rental Agreement with RS GmbH
When renting a vehicle from the vehicle fleet of RS GmbH, the rental agreement is exclusively concluded between the lessor, RS GmbH, and the lessee listed in the contract. The duration of use or rental period is bindingly determined in the contract. The contract is signed on-site at the business premises of RS GmbH. Further details are regulated in separate agreements between RS GmbH and the lessee. RS GmbH undertakes the obligation to provide the vehicle at the time of rental in a technically flawless condition according to the manufacturer's specifications and conducts regular maintenance. The vehicles are insured in accordance with current legal regulations. Insurance agreements beyond the statutory minimum insurance coverage are individually negotiated between RS GmbH and the lessee.

2.2 Facilitation of a Rental Agreement (with a business partner of RS GmbH)
RS GmbH operates an online platform (www.fairmietungen.de) through which vehicle providers (hereinafter referred to as "business partners") can enter into rental and leasing agreements of various kinds (hereinafter referred to as "agency service"). RS GmbH does not offer all rental items for rent or lease on the online platform www.fairmietungen.de itself. In addition to its own rental items, rental items from business partners are also offered. "Business partners" within the meaning of these terms and conditions are all natural and legal persons or associations of persons who use RS GmbH's agency service for information, initiation, or conclusion of rental and leasing agreements, regardless of whether they intend to conclude corresponding contracts as lessor or lessee. In the agency service, RS GmbH does not act as a contracting party for the rental or leasing agreements to be concluded. These agreements are exclusively concluded between the business partners and lessees. Within the framework of the agency service, RS GmbH may act as an authorized representative on behalf of a business partner to represent their interests to the lessees, provided this has been agreed in advance with the business partners and lessees before renting.

2.3 Rental Prices
The prices are individually agreed upon between RS GmbH or its business partners and the lessee. Repeated rentals at the same price do not establish a claim or provision for the re-granting of the same price. All prices are inclusive of the applicable value-added tax. Price changes between rentals are reserved.

2.4 Extension of the Rental Period
If a lessee wishes to extend the rental period, the prices agreed upon at the time of extension will apply. In the event of a price change compared to the original contract, RS GmbH will confirm the new price in writing. In any case, the vehicle must be presented at the end of each rental period (including the originally agreed rental period and any subsequent extensions) at the business premises of RS GmbH or at the business premises of the business partner with whom the rental agreement was concluded. This rule can only be deviated from by mutual agreement, and such deviation will only become effective upon written confirmation by RS GmbH or the business partner.

2.5 Shortening / Cancellation of the Rental Period
In the event of a cancellation of the rental by the lessee, RS GmbH or its business partners reserve the right to charge cancellation fees. These fees may range between 25% and 100% of the agreed rental price for the contractually agreed rental period.

2.6 Inquiries
All inquiries made via the internet or by phone are non-binding and serve solely as invitations to make an offer. Pure price inquiries and related responses are always non-binding regarding availability and the prices mentioned. Binding inquiries or reservations are only valid after written confirmation by the lessor, for example, via email. The official email addresses for communication are info@fairmietungen.de and vertrieb@fairmietungen.de. Statements or declarations from email addresses other than those mentioned above are not binding.

3. Payments
3.1 Payment Options
Payment can be made either in cash or electronically directly upon conclusion of the contract. Other payment methods than those mentioned above may be approved by RS GmbH or its business partners at their discretion. If during the course of the contract one of the mentioned payment methods is no longer available due to circumstances not attributable to RS GmbH or its business partners, the lessee is not entitled to corresponding replacement by RS GmbH or its business partners. Further or differing payment arrangements can be stipulated between RS GmbH or its business partners and the lessee in the rental agreement.

3.2 Payments for extending or shortening the rental period
In the event of an extension of the rental agreement, the price for the extension is generally due immediately after the extension is agreed upon and must be settled promptly. Payment for the extension can be made in cash, via real-time bank transfer, or through PayPal, so that the payment is immediately credited to RS GmbH or its business partners, and the receipt of payment is immediately visible. If divergent agreements are made during the course of the rental or upon extension of the rental agreement between RS GmbH or its business partners and the lessee, whether orally or by phone, these agreements shall only apply after written confirmation by RS GmbH or its business partners. In the event of a shortening or cancellation of the rental period or rental, RS GmbH or its business partners reserve the right to retain the proportionate withholding of payments already made to cover the cancellation fees listed under 2.5.

4. Lessee Responsibilities during the Rental Period
4.1 Handling of Rental Items
The lessee undertakes to handle the rented vehicle with care and to observe the operating instructions as well as all instructions from the manufacturer. Should maintenance or repairs be necessary, the lessee will promptly contact the lessor and follow the lessor's instructions. In such or similar cases, the continuation of the journey or the further use of the vehicle is only permitted with the lessor's express permission, which is granted exclusively in writing. Oral statements are not binding. The lessee is obligated to refuel the vehicle independently during the rental period and bear the associated costs. The fueling performed must be substantiated if necessary by providing the corresponding receipts. The vehicle will be delivered to the lessee with a full tank and must also be returned fully fueled, with the correct type of fuel. Further details are governed by the contract concluded between RS GmbH or its business partners and the lessee. The use of the vehicles for motor sports events, driver safety trainings, regularity tests, test drives on closed circuits, for the commission of criminal offenses, or for the transportation of flammable or dangerous substances is strictly prohibited. In case of excessive wear and tear, the lessor reserves the right to pass on the costs of repairs in whole or in part to the lessee. Use outside the borders of the European Union must be approved in writing in advance by RS GmbH or its business partners to the lessee. The lessee must comply with all traffic regulations as well as the rules of vehicle technology and avoid journeys that could lead to excessive wear and tear or impair the condition of the vehicle. It is prohibited for the lessee to operate the rented vehicle under the influence of alcohol, narcotics (drugs), or medications affecting reaction time or perception. Furthermore, the consumption of alcohol, narcotics (drugs), and smoking in the vehicle is prohibited. The lesseee is reminded that the vehicle must always be locked, parked in designated parking areas, and equipped with all appropriate safety devices. All doors, windows, sunroofs, etc., must be closed. Pets are not allowed to remain in the car, even temporarily. In convertibles, the roof must always be fully closed and locked before leaving the vehicle, even for short stops.

4.2 Behavior in Case of Damage
In the event of an accident, the lessee undertakes to immediately notify the police and to cooperate with police investigations. Furthermore, the lessee is obligated to secure all relevant evidence, including the names of parties involved and witnesses, photos of the accident scene, as well as photos of visible damages to the involved vehicles and damaged objects. The lessee also commits to securing any other evidence that may be useful in protecting their rights, to the extent possible. This can be done particularly by photographing damages and recording names. The lessee must always carry a camera or a mobile phone with a camera during the journey. A pen and paper are located in the glove compartment of the vehicle. The lessee is prohibited from making admissions of guilt or similar statements to other parties involved in the accident, witnesses, the police, or third parties. The lessee is advised that such behavior may result in the insurer being fully or partially released from its obligation to pay or may result in payments made by RS GmbH or its business partners being reclaimed. All costs arising from this shall be borne entirely by the lessee. The lessee must immediately inform the lessor of all circumstances of the accident, including any relevant breaches from section 4.1. The lessee is obliged to cooperate to the best of their ability in clarifying the course of the accident, especially towards insurance companies, authorities, and courts. In doing so, they must provide timely, complete, and truthful information. The lessee undertakes to reimburse the lessor for all material and financial damages resulting from an accident, unless covered by third parties. This also applies if damages have arisen due to non-disclosure or delayed disclosure by the lessee. Where economically feasible, RS GmbH or its business partners will utilize existing comprehensive insurance to cover such damages. The resulting increase in premiums may be invoiced to the lessee upon request and with proof. 

4.3 Consequences of Non-compliance with Obligations
If the lessee disregards one or more obligations listed under sections 4.1 and 4.2 or has made untrue statements beforehand, RS GmbH or its business partners are always entitled to immediately cancel the rental at the regular cancellation fees specified under section 2.5. Should the vehicle need to be transferred to the business premises of RS GmbH or its business partners, picked up from a vehicle storage facility by RS GmbH or its business partners, or refueled following the rental, the costs incurred shall be borne by the lessee. In this case as well, RS GmbH or its business partners reserve the right to retain a proportionate amount of any payments already made to cover the costs.

4.4 Further Legal Notices
4.4.1 The lessee agrees to the use of GPS live tracking to monitor the vehicle. In the event of violations of traffic regulations (in German: StVO), the lessee bears full responsibility, including the assumption of all fines or warnings.
4.4.2 RS GmbH or its business partners are authorized, upon request, to disclose the lessee's data, including name and address, in the event of suspected traffic violations. A processing fee is due when forwarding a fine notice or other warnings.
4.4.3 It should be noted that generally only the lessee named in the contract is allowed to drive the vehicle. Additional persons other than the lessee named in the contract are only permissible if permitted in writing by RS GmbH or its business partners. The vehicles of RS GmbH or its business partners may only be rented from a certain minimum age.
4.4.3.1 If additional drivers are listed in the contract with the consent of RS GmbH or its business partners, they are subject to the same requirements and restrictions as the main lessee. The main lessee is responsible for informing the other drivers about these requirements and restrictions, especially these terms and conditions as well as the contract contents from the rental agreement and ensuring that they adhere to them.
4.4.4 Furthermore, it is noted that a foreign driver's license in Germany usually has a maximum validity of 6 months. The use of a foreign driver's license after this period is usually a punishable offense. The use of the rented vehicle with an expired driver's license is expressly prohibited. The lessee is obliged to inform the other drivers accordingly and ensure that they comply with this regulation.
4.4.5 If there are any uncertainties or questions regarding the above provisions in legal terms, it should be noted that this contract does not constitute binding legal advice. In case of legal questions or uncertainties, the lessee is strongly advised to seek legal advice from qualified experts before commencing the journey.
4.4.6 The binding version of these terms and conditions is exclusively the version in the German language. Only the German version is relevant for the content of these terms and conditions and the rights and obligations arising from them. Versions in other languages are non-binding translations provided solely for informational purposes. The German version can be found at: https://www.fairmietungen.de/de/AGB/

4.5 Data Processing (Data Protection)
To implement and process the arising or existing contracts with our customers, we process and store their personal data. Further legal notices regarding the handling of personal data can be found at: https://www.fairmietungen.de/en/Data-Protection
4.5.1 The binding version of our private policy is exclusively the version in the German language. Only the German version is relevant for the Data Protection and the rights and obligations arising from them. Versions in other languages are non-binding translations provided solely for informational purposes. The German version can be found at: https://www.fairmietungen.de/de/Datenschutz/

These terms and conditions are valid from 16.01.2024