1. recognition of terms and conditions
Renter has been informed about rental terms, details and conditions, especially about the authorized rental purposes, the corresponding deductibles and the fact, that renter has full liability for the car in case of unauthorized usage. Terms and conditions are accepted in all details and are base of all rentals.
2. rental period
Rental and customer responsibility is starting with the physical delivery and is ending with the physical return of the car at Caradvance office premises or at the location, where delivery/collection of car has been agreed in the contract.
If vehicle is damaged caused by renter, rental period is extended until car is repaired, based on damage estimation of a legal damage expert. If car has a total damage, rental extension is maximum 14 days according German case law.
Rental extension or premature finish requires the agreement of Caradvance and must be communicated immediately. Reimbursement can not be claimed in case of reduction of rental period.
3. vehicle mission, purpose and usage
Due to the fact, that Caradvance is not the owner of the rented car, all missions and purposes of usage are limited on ordinary usage for testing and benchmarking.
Any kind of manipulation or installation of testing devices and computers that can not be removed without changing or replacing parts and components such as vehicle electronics, control units etc. are strictly prohibited. Renter takes full liability for damages caused by any vehicle manipulations.
4. obligations of renter/use
a) Usage of cars on test/race tracks are based on full liability of the renter/user.
b) Engine warm up: engine shall not go over 3000rpm before oil temperature has reached 80 degrees celsium.
c) Oil check and refill: with every gasoline refueling, engine oil level has to be checked and refilled if required. Renter is liable for all fees, taxes, fines and penalties incurred in connection with use of the vehicle.
5. personal qualification and eligibility of renter/user
Renter is responsible, that every person using the car is in charge of a valid driving license and has the personal eligibility and authorization to drive the car. Renter is also responsable, that user has been technically informed about the car and the authorized vehicle mission, purpose and usage.
6. accident and damage process
In case of accident renter is obliged to inform police, even if there is no opponent. Also renter is obliged to provide a full damage report to Caradvance including pictures to enable future claims against third parties.
In any case of technical malfunction, damage or vehicle complication, renter has to inform Caradvance (24/7 helpline) immediately to reconfirm actual and further rental usage.
7. renter liability and legal response
Renter is liable for all damages and corresponding costs caused by usage of car in the contracted rental period, such as repair, paintwork, loss of value, damage estimation, rental extension for fixing/repair etc. Caradvance has to prove and verify costs by invoice or official damage/cost estimation, to claim payment from renter.
a) Renter liability is limited on contracted deductible amount in case of minor negligence.
b) Renter liability is limited on contracted deductible amount in case of minor negligence.
- intentionally and willful overspeeding
- driving under alcohol or drugs
- unauthorized user/driver
- uncomfirmed rental extension
- uncontracted usage of car, e.g. racetrack
- missing technical obligation
- missing qualification or eligibility of driver
- missing damage and/or police report
- hit and run
- unauthorized re-renting of car
8. warranty
In case of a necessary repair or replacement of parts etc. to keep or get vehicle in roadworthy condition, renter is authorized to maintain vehicle in an authorized workshop up to max. 150,00€ without contacting Caradvance. All maintainance and works above must be coordinated with and ordered by Caradvance.
If vehicle can not be used due to major technical problems caused by Caradvance, renter has the right to claim …
- a replacement vehicle or
- a reduction of rental price or
- rental extension
for the off-time period renter can not claim any indemnity or compensation for any other issue than the rental vehicle itself except of caused by Caradvance major negligence. Caradvance does not take responsability for appliances, devices or anything else left in the car after return.
9. vehicle return
Vehicle must be returned at contracted location and time, if not amended and confirmed by Caradvance. If return time is extended for more than 180mins, Caradvance has the right to charge 1 extra rental day, if renter does not proof, that he was not responsible for delay.
10. vehicle return
Caradvance hast he right to resign rental contract without notice for serious reasons, such as unauthorized re-renting of car, uncontracted usage of car etc.
11. place of performance, jurisdiction
For all disputes out of this contract German law is applicable, place of performance and jurisdiction is office site Caradvance GmbH, D-81379 Munich.
12. Addition to provisions
Renter, driver and every user accept joint and several liability. If this contract or some parts or clauses should be against German or European law, base of contract itself is not affected. Verbal side agreements and amendments require writing and signature of both parties.