Terms and Conditions of Hot Rod Fun
The rental of a “WENCKSTERN© Hot Rod” – in future referred to as vehicle – takes place exclusively on the basis of the written rental contract and these rental conditions according to German law. Verbal ancillary agreements must be included in the rental contract in order to be effective. The subject of the rental agreement is the provision of a vehicle for the duration specified in the rental agreement. The rental price results from the current price list of the Lessor at the time of booking. The Lessor is free to refuse the rental without giving reasons.
2. Booking / payment / force majeure:
The booking of the vehicle is, after confirmation by the lessor in text form, binding and one or more vehicles are reserved for rental at the agreed date for the lessee/driver. The lessee/driver is obliged to immediately pay the rental price to the lessor on the costs (rent) stated in the booking. A different payment flow just only follows a separated agreement between the lessor and the lessee. The rental contract is concluded in writing before the vehicle is handed over on site. If the vehicle is not accepted by the lessee at the agreed time, or if the rental contract is not concluded for reasons for which the lessee/driver is responsible, the lessee/driver must pay 50% of the vehicle rental price notified at the time of booking as flat-rate compensation for the loss of rental income. The lessee reserves the right to prove that the lessor has suffered no or less damage. If the trip/tour has to be cancelled due to bad weather (rain, ice, snow, etc.) or other reasons for which the Lessor is not responsible, the Lessee will receive a voucher back for the rental price already paid by him.
3. The renter/driver is informed that the rented vehicles are special vehicles.
The vehicles are not comparable with ordinary passenger cars in operation and driving behaviour, so that even experienced drivers must familiarise themselves with operation and driving behaviour. The lessee/driver expressly accepts the associated greater risks in comparison to ordinary road vehicles. In this respect, use is at the hirer’s own risk. In particular, the lessor shall not be liable for damage resulting from risks in connection with the special design. The lessee/driver shall be informed in particular of the following special design features and risks: – Vehicles are perceived to be heavier due to their size. – The vehicle does not have the usual safety precautions such as ABS, seatbelt/airbag. – The vehicle has an automatic and a direct steering (small steering wheel movements lead to large changes of direction). – The brake can be operated with the left foot, in contrast to conventional passenger cars. The lessee/driver and any other drivers are obliged to familiarise themselves with the operation of the vehicle and its special features before starting the journey. This applies in particular to steering and braking behaviour. If there are any ambiguities, the lessor or his employees must be consulted during the handover/briefing. The lessee/driver may only start the journey when he has mastered the vehicle safely. The lessee/driver is also advised that the vehicles do not offer any protection from the weather. The lessor is not liable for damage or dirt caused by the weather.
4. Before taking over the vehicle, the lessee/driver must present the vehicle for himself and all persons named as drivers in the rental agreement: – a valid identity card or passport, – a valid driving licence (passenger car) authorising the driver to drive the vehicle, – an EC or credit card. The vehicle will be handed over to the lessee/driver in roadworthy, undamaged and technically and optically perfect condition, refueled with all accessories. The lessee/driver is obliged to report any complaints to the lessor at the time the vehicle is taken over and must pay attention to its written documentation in the take-over protocol. The lessee/driver will be instructed in the special features of the operation of the vehicle upon handover. By taking over the vehicle he confirms that he has been sufficiently informed about the handling and operation of the vehicle.
5. The vehicle may only be driven by the lessee/driver named in the rental agreement.
The driver of the vehicle must possess the required and valid driving licence, not be subject to a driving ban and be at least 18 years old. Furthermore, the driver must be physically and mentally fit to drive the vehicle safely. Driving ability must not be impaired by medication, drugs, alcohol or in any other way. The Rental Firm or its employees may prohibit the journey or its continuation if they have reasonable doubts about it. It is forbidden to make phone calls or take photographs during the journey. In all other respects, the renter/driver himself is responsible for ensuring that he fulfils the legal requirements for driving motor vehicles and is otherwise liable for all consequences arising therefrom.
6. Use of the vehicle/ Exclusion from participation
The vehicle may only be used in the context of a guided tour on a given route. Any instructions given by the guide / lessor must be observed. In the event the instructions are not followed by the lessee/drivers (e.g. but not limited to aggressive driving style, overtaking, racing, not following official driving guidelines on public streets) the lessor/guide reserves the right to exclude the lessee/driver from the tour (also during the event) Any costs apply for return of the car to the rental location, following costs apply for not being able to re-rent the car in time are born by the lessee/driver to its full extend (at least in the minimum amount to 250€). If the renter/driver loses the connection, he must stop immediately at a suitable place and contact the lessor or guide. The journey may only be continued with the Lessor’s consent. Driving is only permitted with a motorcycle helmet permitted in accordance with the legal regulations in the Federal Republic of Germany, which can be hired from the Rental Firm for a fee if necessary. The vehicle may only be used in public road traffic in the Federal Republic of Germany, but not for off-road driving, driving school exercises, in connection with motor sports or for driving on race tracks, even if these are free for the general public for test and practice drives. Use outside public road traffic is only permitted with the consent of the lessor. Use on federal motorways is not permitted. The Lessor is entitled to specify further geographical or factual restrictions on use in the rental agreement. The lessee/driver is not permitted to sublet, otherwise transfer to third parties or otherwise use the motorways for purposes other than those for which they are intended. The transport of hazardous substances as defined by the Dangerous Goods Ordinance for Roads and Railways (GGVSE) is prohibited. The vehicle may not be used for towing other vehicles and no other objects may be transported on or in the vehicle, with the exception of the accessories rented with the vehicle and items for personal use (clothing for the journey, handbag). The operating instructions – also with regard to the prescribed fuel – must be observed, as must the statutory provisions applicable to the use of the vehicle. The lessee/driver shall bear all costs in connection with charges levied for the use of certain traffic routes and shall perform all duties of cooperation required in connection with the levying of charges. The lessee/driver must handle the vehicle with care and observe the operating instructions and statutory regulations. In particular, he is also responsible for the proper and roadworthy condition of the rented vehicle during the rental period and must pay particular attention to technical faults (oil pressure, tyre pressure, unusual noises, braking function). If there are doubts about the proper condition of the vehicle, the lessee/driver must inform the lessor and refrain from further use of the vehicle.
7. Return of the vehicle:
The lessee/driver will duly return the vehicle with all accessories, at the latest at the agreed time and place. If there is an important reason – in particular in the case of breach of duty by the lessee/driver (e.g. non-compliance with the instructions of the guide) – the lessor is entitled to demand the return of the vehicle prematurely at a certain point in time or to demand immediate termination of this rental contract without notice. If the vehicle is returned late, the renter/driver must pay the agreed rental price for each hour or part thereof in accordance with the price list. The lessee/driver must also bear any further damage resulting from a delayed return.
8. Obligations of the lessee/driver in the event of damage or breakdown: I
n the event of damage or breakdown, the lessee/driver is obliged to ensure that – after first aid has been provided on site – all measures necessary to mitigate damage and preserve evidence are taken, in particular that: a) the police are called in immediately, even in the event of accidents without the involvement of third parties and in the event of accidents for which the lessee/driver is responsible, and in particular in the event of accidents for which the lessee/driver is not responsible. in the case of wild game accidents, b) the place and date of the accident as well as the names and addresses of all those involved in the accident and witnesses and the registration numbers of the vehicles involved are noted and a sketch is made for forwarding to the Lessor, c) the Lessee/Driver does not make any statements on the question of guilt – in particular no acknowledgement of guilt -, d) appropriate safety precautions are taken for the vehicle. The lessee/driver may not leave the scene of the accident until he has fulfilled his obligation to clarify the event and establish the necessary facts. After a theft of the vehicle, vehicle parts or accessories, the lessee/driver must immediately report the theft to the responsible police station. Witnesses – if available – must be named for the parking location of the vehicle and a corresponding sketch must be made. The lessee/driver is obliged to report any damage to the lessor immediately and personally, completely and truthfully. Police certificates must be enclosed. During the further processing of the claim, the lessee/driver is obliged to support the lessor and his insurer and to provide any information necessary to clarify the claim and determine the liability situation. He must immediately provide the Lessor with a truthful written description of the facts. If in the event of a breakdown the safe operation of the vehicle is no longer guaranteed or its use is impaired, the lessee/driver must take appropriate safety precautions and immediately coordinate the measures to be taken with the lessor. Any work on the rented vehicle (e.g. repair of damage) is only permitted with the express prior consent of the Lessor. Expenses incurred nevertheless will not be reimbursed.
9. Liability of the lessee:
The lessee/driver is liable to the lessor in accordance with the statutory provisions for all damage arising during the rental period or caused by his operation or the loss of the vehicle (including vehicle parts and accessories), insofar as he is responsible for this. The Hirer’s liability for damages shall extend to the repair costs plus any reduction in value or, in the event of total loss of the vehicle, to the replacement value of the vehicle less the residual value. Furthermore, the lessee/driver is liable – if incurred – for towing costs, expert fees and any other costs incurred by the lessor and loss of rental income. The lessee/driver is responsible for the consequences of traffic offences or criminal offences that are detected in connection with the rented vehicle and is liable to the lessor for all fees and costs incurred as well as warning and fines and penalties. In such a case, the Lessor is obliged to name the Lessee/Driver to the authorities. The lessee/driver is fully liable for damage to third parties (e.g. other road users) in accordance with the statutory provisions, insofar as the damage is not covered by the existing liability insurance. If the Lessor is liable for such damages as the owner of the vehicle, the Lessee/Driver shall compensate the Lessor for the damage incurred.
10. Reduction of liability for damage to the rented vehicle:
The vehicle is not fully comprehensive insured. The lessee/driver can reduce his liability for damage to the rented vehicle caused by simple negligence or for its loss to 250.00 euros per claim against payment of an additional fee. This does not apply to damage caused by gross negligence or intent. If the lessee/driver has paid the additional fee for the reduction of liability, he shall be liable to the lessor in the event of damage caused by him through gross negligence in proportion to the seriousness of his fault. The reduction of liability does not apply completely if the lessee/driver has caused the damage intentionally. The reduction of liability also does not apply if the lessee/driver intentionally violates his contractual obligations under the rental contract.
The rental price includes the motor vehicle liability insurance at least to the legally prescribed minimum extent. Damages to items in or on the vehicle are not covered by this.
12. Defects of the vehicle
The lessor has to guarantee the perfect condition of the vehicle as well as to make the vehicle available on time and as agreed. Should defects occur on a vehicle which impair the contractual use or should the vehicle fail for a reason for which the lessee/driver is not responsible and should the lessor not eliminate the defect / failure reason within a period of 80 minutes after knowledge of the defect / failure or provide a replacement vehicle, the lessee/driver can withdraw from the contract. In this case, the lessee/driver is only entitled to repayment of the payments already made. Any additional damage (travel, other rent) will not be reimbursed unless the Lessor has caused the non-fulfilment of the contract intentionally or through gross negligence. Unforeseeable, unavoidable events which are beyond the Lessor’s sphere of influence and for which he is not responsible, such as force majeure, war, terrorist attacks and natural disasters, shall release him from the obligation to perform on time.
13. Liability of the Lessor:
The Lessor shall be unaffected by the following and the above limitations of liability in accordance with the statutory provisions for damage to life, limb and health which is based on a negligent or intentional breach of duty by the Lessor, its legal representatives or vicarious agents, for damage which is covered by liability in accordance with the Product Liability Act, and for damage which is based on intention, gross negligence or fraudulent intent on the part of the Lessor, its legal representatives or vicarious agents. The Lessor shall be liable for other damages caused by simple negligence, insofar as the negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, he shall only be liable if the damages are typically associated with the contract and foreseeable. The Lessor shall not be liable for any negligent violation of collateral obligations that are not essential to the contract.
14. Data protection
consent The lessee/driver agrees that his personal data, insofar as they are necessary for the business transaction, will be stored by the lessor in accordance with the Federal Data Protection Act.
15. Photo and film shots
The lessee/driver agrees that photo and/or film shots may be taken by him while using the vehicle. The Lessor is entitled to the rights of use to these photographs. The lessee/driver grants free of charge his express permission for the lessor and Wenckstern GmbH and their advertising partners to use such photographs for advertising purposes and to publish them for such purposes.
Changes may occur depending on the station.
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