Site Notice

Rent-a-Boxer GmbH
Schlehenweg 8
72525 Muensingen

info@rent-a-boxer.com

Register court: Stuttgart Registration: HRB 768062
Tax ID: DE322222398
CEO: Maximilian Neuhaus

Terms and Conditions

1. General

These terms and conditions regulate the rental of a BMW motorcycle. The type and design as well as the items of equipment are specified in the handover protocol.
The condition of the motorcycle is noted in the handover protocol before the beginning of the rental. The handover protocol is part of the rental agreement.

2. Handover, provision and return

The vehicle is handed over to the lessee at the Rent-a-Boxer GmbH locations immediately before the beginning of the rental period. The vehicle is handed over upon signature of the rental agreement. The lessee will be instructed in the technical operation and handling of the motorcycle by the lessor. During the agreed rental period, the power of disposal rests solely with the lessee, unless otherwise regulated in this contract. The return shall take place at the same place as the delivery. If the return takes place at a different location, this has to be mutually agreed between the lessee and the lessor. The delivery and return times are regulated in the rental agreement.

3. Handover and return

A handover is only possible after presentation of the valid driving license and identity card. The lessor will make a copy of these documents, which will be stored by the lessor and deleted after one year at the latest. The storage takes place exclusively for the possible prosecution of traffic offenses or administrative offenses and in this case will be passed on to a prosecution authority. The vehicle will be handed over to the lessee at the beginning of the rental period in technically perfect and clean condition. Technically perfect also means that the tires and brake pads are still before the wear limit. Any deviations must be noted in the handover protocol.
The handover of the vehicle is completed as soon as both the lessee and the lessor have signed the handover protocol and the motorcycle has been handed over. Both contracting parties receive an original signed copy of the handover protocol. The vehicle will be handed over to the lessor “customarily”. The technical condition is described in the take-back report.
In the event of late return, the lessee is liable for all resulting cost factors, e.g. for costs arising from a follow-up rental.
Additional costs for non-compliance with the return date are included in the final invoice with at least 100 Euros per day. In case of service replacement, the daily rate for the respective category is due.
The motorcycle is always handed over with a full fuel tank and must be returned in this condition. If the tank is not or only partially filled, the additional fuel costs of at least 2 Euro/liter will be included in the final invoice.br/>

4. Tax / insurance

The lessor taxes and insures the vehicle as a “Selbstfahrer-Vermietfahrzeug”. The insurance includes liability insurance as well as full vehicle insurance (fully comprehensive) with a deductible of 1500 Euro with an EU letter of protection. For the air-cooled 1200 GS models, the price can be reduced to a partially comprehensive insurance.
The lessee is liable for damages to the vehicle. In case of damage, Rent-a-Boxer GmbH is entitled to charge the amount of the excess from the lessee
's credit card. A damage event must always be documented in the return protocol and signed by the lessee. If a lessee causes damage as a result of a traffic accident or a collision with another vehicle from Rent-a-Boxer GmbH, the lessee has to pay for the damage incurred. When taking out a comprehensive insurance, this kind of damage is covered by the excess.

5. Maintenance and wear

The lessee is obliged to handle the motorcycle with care.
The lessor leaves the vehicle in technically perfect condition. He assures that the motorcycle is subject to regular technical maintenance and is handed over in a roadworthy condition. Possible technical defects (e.g. grip heating) which do not affect the roadworthy condition will be pointed out at handover and these will be listed in the handover protocol. The manner in which the maintenance is carried out is the sole responsibility of the lessor. Vehicle parts that are subject to wear and tear are included in the rental agreement (tires, brake pads, etc.). Defective wear parts that are attributable to improper use are not included.
The proper condition of the wear parts will be documented upon handover.
The oil level of the motorcycle is determined upon delivery. During the rental period, the lessee must check the engine oil level regularly, at the latest every 1000 kilometers, and correct it if necessary, with the oil supplied. The lessee must observe the operating instructions given to him and the manufacturer
's technical regulations and regularly check the tire pressure during the rental period. If wear damage occurs during the rental period, in particular engine, clutch or transmission damage, this is only borne by the lessee if it is attributable to improper use or neglect of the obligations imposed on him (including oil level control). A motor or transmission or clutch damage must be reported to the lessor immediately. In this case, the vehicle shall not longer be operated.

6. Damage/cancellation

The lessee is liable for damage that occurs during the rental period, in particular for accidental damage or damage caused by the motorcycle falling over or by improper use. Damage that occurred during the rental period will be listed on the return protocol. If no agreement is reached between the contracting parties after taking back the motorcycle, the damage that occurred during the rental period will be determined and invoiced by an expert at the expense of the lessee. The local police must be involved in every traffic accident, regardless of who caused the damage. This applies especially to traffic accidents abroad. An admission (in writing or orally) of the cause of the damage to other parties involved in the accident is not permitted without a police accident report.
The lessor is at no time personally liable for damage caused by the lessee.
If damage to the vehicle occurs during the rental period which makes it impossible to continue the journey, the lessee may only place a repair order with a workshop after consultation and approval from the lessor. In the event of tire damage, the lessee is authorized to repair the damage without consulting the lessor. The same applies to the replacement of light bulbs. Liability or assumption of costs by the lessor is excluded in these cases.
The lessee has the right to waive the removal of damage and to return the vehicle with the damage to the lessor at the end of the rental period or in accordance with point 16. In this case, the provisions for final settlement apply. For all damages that make a further journey impossible, the lessee cannot claim costs for loss of vacation or damages for the non-continuation of the vacation against the lessor. In the event of termination of the journey, the lessor only pays the costs covered by the insurance policy. Any additional costs in connection with the return journey are to be borne by the lessee. Ownership and rights of use/ whereabouts of the papers
During the rental period the lessee has the sole right of disposal and use of the vehicle.

7. Ownership and rights of use/ whereabouts of the papers

During the rental period the lessee will receive the "Zulassungsbescheinigung Teil I". The "Zulassungsbescheinigung Teil II" (vehicle registration certificate) remains with the lessor. The lessor remains the owner of the vehicle at all times.

8. Unauthorized use

The following uses of the vehicle are prohibited for the lessee:
- Participation in motor sports events
- Vehicle tests
- Journeys outside the EU (EFTA states permitted)
- Subletting or free transfer to third parties
- Off-road driving off paved roads and paths
- Other uses that go beyond the intended use
In case of delivery to third parties, the lessee is liable for all damages (including wear and tear damages).
The lessee is fully liable for all damage caused by a physical defect, in particular after the consumption of alcoholic beverages or other intoxicating substances or medication that may impair roadworthiness. The vehicle may not be driven even after a minor consumption of alcohol or other intoxicating substances.

9. Registration

The registration of the motorcycle is the responsibility of the lessor

10. Liability and warranty

Liability of the lessee:
The lessee is liable in case of theft, as far as it is not covered by the partial coverage insurance, as well as for all damages to the vehicle that occur during the rental period or are caused by its operation. In the event of disproportionately high tire wear due to improper use (e.g. "burn-outs"), the lessee is liable for damages. In case of damage to the vehicle, the renter is liable for repair costs actually incurred or determined according to an expert opinion,
Salvage and repatriation costs (if not covered by a certificate of protection), expert costs, technical and mercantile depreciation, loss of rent during the repair period or, in the event of total loss, for the replacement time; in the event of theft for the replacement value. As loss of rental income, a basic daily fee of 100 euros per day is to be reimbursed. The lessee reserves the right to provide evidence of less damage. If it is necessary to inspect the police investigation files in order to establish the liability of the lessee, claims for damages against the lessee shall be deferred until the files have been inspected.
Liability of the lessor:
During the rental period and after the rental period the lessor is not liable for physical injury to the lessee.
Any warranty of the lessor resulting from the maintenance work is excluded. Insofar as claims for damages against the lessor - for whatever legal reason - presuppose fault, the following applies:
In the case of intent and gross negligence or in the case of
life, body or health, the lessor is liable according to the statutory
provisions. Otherwise, the lessor is only liable for breach of essential contractual obligations (cardinal obligations) and default. The liability of the lessor is then, however, limited to the contract-typical, foreseeable damages.
Exclusion and limitation of liability apply in favour of the lessor also in the event of fault on the part of its vicarious agents.
The statutory distribution of the burden of proof as well as the liability according to the
Produkthaftungsgesetz are not changed by this contract.

11. Rent payment, down payment, deposit

The rental price and the permitted mileage depend on the duration of the rental period. The rental period and inclusive kilometers are determined when the contract is being concluded.
The lessee will be sent an invoice for the down payment of 100 Euro per commenced rental week upon reservation. The down payment is not refundable.
The rental price is to be paid at the latest when the motorcycle is handed over. It is possible to pay by EC or credit card on site or the rental price must be credited to the business account of Rent-a-Boxer GmbH before handing over the vehicle. A cash payment is possible.
To secure the compensation in case of damage, Rent-a-Boxer GmbH is entitled to collect the costs via the lessee
's credit card. The data of the credit card can be stored until the final settlement and will be deleted after final settlement.
The rental costs and permissible kilometers for the above-mentioned vehicle are specified in the contract before the handover of the vehicle.

12. Final settlement of accounts/minor/extra kilometers

At the end of the rental period the lessor will issue a final invoice. The final settlement is based on the return protocol and serves to compensate all costs (rental price, any additional costs for cleaning etc.) and any damage as well as residual value losses due to mileage exceeding the agreed amount.
The lessor can only claim damages if these were caused by the lessee. These are in particular accident damage, falls, damage to paintwork, manipulation, improper repair and damage caused by the motorcycle falling over.
The amount of damage is determined by mutual agreement between the lessee and the lessor. If no agreement can be reached, the lessor must obtain a DEKRA value appraisal (or comparable) within two weeks. The costs for the expert opinion shall be borne by the lessee.
If the motorcycle is returned with a mileage that exceeds the mileage specified in this contract, these additional kilometers will be invoiced. The amount of the kilometer rate is already specified in the handover protocol.

13. Handover and return times

The handover and the return for renting takes place after arrangement. The rental motorcycle can be handed over by arrangement from 5 p.m. on the day before the rental period and no later than 9 a.m. on the day after the agreed rental period. This does not apply if a different agreement has been made. If there is the possibility of returning the motorcycle outside the opening hours (safe deposit box) and this is used, the lessee is obliged to document the mileage and the external condition of the rental vehicle by means of a picture file and to send it to the lessor. The lessee is liable for any damage that occurs between parking time and opening time of the business.

14. Assignment of claims to remuneration and social benefits

The assignment of rights to remuneration and social benefits serves to secure all present and future claims of the lessor.
In the event of default, the lessee assigns to the lessor that part of all his present and future claims to remuneration of any kind, including pension claims, commission claims, royalties, profit sharing and severance payments against his respective employer and to social benefits (in particular unemployment benefit, unemployment assistance, transitional allowance, benefits from the statutory health, accident and pension insurance, including any claims to reimbursement of contributions, pensions due to reduction in earning capacity), which is subject to seizure. The amount of the assignment is limited to the current market value of the vehicle as specified in the payment plan plus a lump sum of a maximum of 20 percent of the current market value for any claims due to late payment and costs of legal action.
The lessor is only entitled to disclosure and utilization after prior warning and a reasonable grace period. This period shall be calculated in such a way that it enables the Lessee to raise objections as well as to endeavor to pay the amounts owed in order to avert the realization. As a rule, it will be four weeks. It is not necessary to set a deadline if the hirer has suspended payments or if an application has been made for the opening of judicial insolvency proceedings against his assets.
The assignment of claims shall not apply if the claims secured by it are fully satisfied.

15. Total loss

In the event that the motorcycle suffers a total loss or is accidentally lost, the lessee is only obliged to reimburse the current market value of the rental object determined by an expert if the fully comprehensive insurance does not apply (e.g. improper use or similar).

16. Extension/right of first refusal

An extension of the contract is basically possible and requires the written form (at least email). An extension of the rental contract is therefore only possible if this is mutually agreed in writing. § 545 BGB is not applicable.
A purchase of the motorcycle after expiry of the rental agreement is possible in principle, but is subject to the decision of the lessor. Rental costs can be credited in case of purchase. In this case the final invoice is not applicable.

17. Changes of the contract

Changes to this contract require a document signed by both parties to the contract to be valid. They must be expressly referred to as "changes to the contract".

18. Cancellation

In case of cancellation up to 14 days before the beginning of the rental period at the latest, the deposit of 100 euros will be charged. Within a period of 24 hours to 13 days a cancellation fee of 40% of the rental price will be charged. For cancellations within 24 hours before the start of the rental period, a cancellation fee of 70 % of the rental price will be charged. The agreed rental period is decisive for the percentage calculation.

19. Substitute rental

If, for unforeseeable reasons, the reserved motorcycle cannot be rented (defect or similar), the lessor will always endeavor to provide a comparable BMW motorcycle. This will not result in additional or reduced costs. Should it not be possible to provide a vehicle, the lessee will be reimbursed for the costs incurred for travel and the down payment. The lessor undertakes to inform the lessee immediately if a rental is not possible.

20. Place of jurisdiction

Exclusive place of jurisdiction is Bad Urach.

21. Safeguard clause

Without prejudice to special healing clauses, procedures for discrepancies, etc. contained in these terms and conditions, in additional contractual provisions or in other parts of the contract, the following is agreed: If a clause of this contract, the additional contractual regulations or other contractual components is or becomes wholly or partially ineffective, that which would otherwise have been effectively agreed upon by the parties shall apply instead. The principles of supplementary interpretation of the contract shall apply.
The same applies analogously if the contractual partners have overlooked a regulation. § 139 BGB is excluded.

22. Privacy policy

The privacy policy is attached to the contract as an annex.