Rental conditions / Rental agreement

Lender: escooter.de Inh. Bernd Koschier, Adi-Maislinger-Str. 7, 81373 München 

Tenant/Hirer:  see online order

General terms and conditions of hire

1. Conclusion of the binding rental agreement: 

1.1. Agreements or declarations that have only been made verbally, without written confirmation, by e-mail or SMS are in any case without legal effect. The conclusion of a rental contract for the vehicle can only be concluded by placing an order in our online shop with subsequent order confirmation.

1.2. The rental agreement is concluded between the contracting parties. A transfer or assignment of the rights arising from the rental agreement by the tenant to other third parties is only possible with the express prior written consent of the landlord.

1.3. The vehicle may not be made available for use by third parties without the prior written consent of the Rental Firm.

2. Termination, cancellations:

2.1 Pursuant to Section 580 a (3) BGB, notice of termination may be given at the end of the following day on any day.

2.2 In the case of fixed-term rental agreements, the agreed rental period (dates) is binding for both parties and can only be extended or shortened by mutual agreement. If the rental period is shortened, the higher graduated rental prices corresponding to the shorter rental period may be applied (see graduated rental prices for rental products).

 2.2.1 Termination or cancellation of the contract is excluded on both sides, unless there is an important reason within the meaning of § 543 BGB (German Civil Code).

2.2.2. The Hirer is obliged to return the vehicle to the Rental Firm by the specified time at the latest, taking into account the usual time tolerances. If the Hirer has collected the vehicle from the Rental Firm himself, he is obliged to return the vehicle to the Rental Firm. If collection by the Rental Firm has been agreed, the Hirer must make the vehicle available for collection at the agreed location at the specified time. If the return shipment is made by a shipping service provider (e.g. UPS, DPD, etc.), the shipment must be made on the last day of the rental, i.e. proof of delivery must be provided.

2.2.3. The rental agreement is not automatically extended if the lessee does not hand over the vehicle on time. In the event of late return, the Rental Firm may demand compensation from the Hirer in accordance with Section 546 BGB in the amount of the agreed rental price.

3.  General duties of care of the tenant, liability

3.1. From the time of handover, the hirer is obliged to treat and use the vehicle in the same way as a prudent owner would do in order to maintain its value. In particular, the Hirer is obliged at his own expense: - to secure the vehicle appropriately in extreme weather conditions (e.g. hail, storm, flooding, heavy snowfall); - to secure the vehicle appropriately at his own expense if there is a risk of damage due to vandalism, for example by parking it in a secured garage; - if the indicator lights in the vehicle signal a problem, the Hirer is obliged to act in accordance with the instructions given for this purpose in the vehicle operating manual.

3.2. The Hirer shall be liable without limitation for all damage to the vehicle resulting from a breach of his duty of care in accordance with the above provisions. Insofar as damage is covered by the comprehensive insurance for the vehicle, however, this is limited to the amount of the agreed deductible. 3.3 The Hirer shall be liable for all damage caused to the vehicle due to improper handling or excessive use. The Hirer shall also be liable to the same extent for damage caused by his co-drivers, assistants or family members or other third parties through no fault of his own. This also applies if it is not possible to determine which person caused the damage or if the identity of a person or the person causing the damage cannot be clarified. *** Translated with www.DeepL.com/Translator (free version) ***

3.4. With effect from the time of satisfaction of all claims for damages of the landlord by the tenant, the landlord assigns to the tenant all claims for damages to which he may be entitled against third parties for the purpose of assertion.

3.5. If damage is discovered when the vehicle is returned, it shall be assumed that the damage was caused and that the Hirer is liable for the damage in accordance with the above provision, unless the Hirer can prove that the damage was already present when the vehicle was taken over.  3.6 The Hirer is also obliged to compensate the Rental Firm for all consequential damage, in particular the loss of rental income, if the vehicle cannot be rented out or cannot be rented out in time as a result of damage caused by the Hirer, or if the Rental Firm cannot use the vehicle for its own purposes.

3.7. If the Lessor carries out the damage repair himself or has it carried out by his own employees, an hourly rate of EUR 55.00 per hour worked per employee is hereby agreed as an appropriate compensation payment.

4. If the contract ends due to termination without notice, the tenant remains obliged to pay the agreed rent until the date of termination. The parties mutually waive all further claims, in particular claims for damages including compensation for consequential damages. This waiver shall not apply if the defect is due to gross negligence or wilful misconduct on the part of the Lessor.

 5. Traffic accidents, limitation of liability of the tenant:

5.1. In the event of a traffic accident, provided it is not merely a baggage accident that does not significantly restrict the usability of the vehicle, both parties are entitled to terminate the contract with immediate effect without notice.

5.2. If the contract ends due to termination without notice in accordance with clause

5.3. the Tenant shall remain obliged to pay the agreed rent until the date of cancellation. The parties mutually waive all existing further contractual claims, in particular compensation for damages including compensation for consequential damages. This waiver shall not apply on the part of the Lessor if the Lessee has caused the traffic accident through gross negligence or wilful intent or has breached his obligations in accordance with Section 5.3. below.

5.4. In the event of accidents (including those not involving third parties), fire, damage caused by game and other damage, the Hirer must immediately call in the local police and ensure that the circumstances of the accident or damage are recorded, notify the Rental Firm, send the Rental Firm a detailed accident report with an attached accident sketch and, in the event of accidents involving third parties, record the licence plate numbers of the vehicles involved and their liability insurance policies and the names and addresses of the drivers and witnesses.

 5.5. In the event of all road accidents, the Hirer shall be liable for all accident-related damage incurred by the Rental Firm, in particular repair costs or the costs of replacement and loss of use. However, the Hirer's liability is limited to the amount of the Lessor's excess in accordance with the comprehensive insurance policy for the vehicle (see agreed amount of excess - page 2 of this rental agreement). If the behaviour of the Hirer following a traffic accident (e.g. hit-and-run), or the behaviour of the Hirer which was the cause of the traffic accident, or any other breach of obligation by the Hirer results in the comprehensive insurance policy for the vehicle being able to invoke an exclusion of liability in the insurance contract vis-à-vis the Rental Firm, the Hirer shall be liable without limitation for all financial losses of the Rental Firm. In this case, the Hirer's liability is not limited to the amount of the excess.

6. Liability of the lender:

6.1. The landlord may refuse performance if this is impossible for the landlord. This is particularly the case if the vehicle has been damaged before the start of the rental period as a result of a traffic accident or force majeure due to natural events to such an extent that it is no longer fit for use and repair or replacement before the start of the rental period was no longer possible or would have required an outlay which, taking into account the rental period and the agreed total rental price and the requirements of good faith, is grossly disproportionate to the Hirer's interest in performance.

6.2. In the event of non-performance, claims for damages against the landlord - regardless of the legal grounds - are excluded, unless the landlord is guilty of gross negligence or intent. However, the landlord is obliged to repay all payments received to the tenant immediately.

6.3. The lessor is not liable for damage caused by the lessee or co-driver and co-user, unless the lessor can be accused of gross negligence or wilful misconduct that caused the damage.

7. Technical and visual changes:

7.1. The Hirer may not make any technical modifications to the vehicle.

7.2. The hirer is not authorised to make any visual changes to the vehicle, including in particular paintwork, stickers or adhesive films.

8. Choice of law, place of jurisdiction, miscellaneous

8.1 The parties agree that German law shall apply to their mutual legal relationships arising from this rental agreement. 

8.2. In the event that the tenant does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on any legal disputes that may arise as a result of this rental agreement or tenancy. The court at which the landlord has his general place of jurisdiction shall have jurisdiction, unless the local court in which the rented property is located has exclusive jurisdiction *** Translated with www.DeepL.com/Translator (free version) *** .

8.3. If and to the extent that one of the provisions of this contract violates a mandatory statutory provision, the corresponding statutory provision shall take its place.

9. Additions:

- Damage to the vehicle will be deducted from the deposit for material costs + repair costs. This does not apply to damage to wearing parts and small parts (plates, brake pads, tyres, etc.).). 

- Minor repairs: The tenant's own work will not be remunerated and other external services only after consultation with the lender (escooter.de)

- Late returns will be charged at € 50 per day.

- The borrower must ensure that the batteries are charged. The batteries must not be deep discharged or stored empty!

- escooter.de is not liable for accidents and damages that occur during the test or rental phase.

- Vehicles are not checked for use in public transport and complete technical safety cannot be guaranteed after dispatch; the borrower checks the vehicles independently for safety and functionality before putting them into operation. In particular, quick-release fasteners, braking devices, steering equipment etc. must be checked independently for full functionality.

- It is the obligation of the lessee to inform himself about the regional conditions of use of such electric vehicles and to comply with the laws and regulations! Compliance with existing legal regulations and laws is the sole responsibility of the hirer. This applies in particular to compliance with road traffic laws when participating in public road traffic.

- Before using the electric vehicle, the borrower must check how and where it can be used. It is always advisable to practise on general terrain in a manageable, safe environment before use until safe control of the vehicle is guaranteed. The vehicle may only be used in public areas once safe handling (steering behaviour, braking behaviour and behaviour on difficult terrain) has been achieved, taking into account the regional traffic laws.

- We recommend always wearing a suitable helmet (depending on the type of vehicle, full-face eBike or bicycle helmet and body protection such as protectors) on all vehicles.

- In the event of failure / non-functionality or other adversities, the rental costs will not be refunded; in this case, the borrower may return the rental device prematurely. Return date = date of despatch (proof of despatch) or handover of the goods.

- The deposit will be returned promptly upon return of the rental object in the same way as it was provided. In the case of bank transfer, please provide bank details for the return transfer.