Mcrent GTC Germany en
Mcrent GTC Germany en
Mcrent GTC Germany en
(www.mcrent.eu/rental-conditions/). Fuel and running costs during the rental period must be
Dear Hirer, borne by the Hirer.
Your contract partner is the respective local rental station that will hand the Vehicle over to 3.8 One-way rentals are only possible by special agreement.
you. Therefore, upon conclusion of a contract on the booking of a motorhome, the following 4. Reservation, rebooking and cancellation
Rental Terms and Conditions (to the extent effectively agreed) will become part of the con- 4.1 Reservations are only binding after they have been confirmed by the Rental Company as
tract coming about between the partners and licensees of Rental Alliance GmbH, i.e. the re- described in Subsection 4.2, and then only for Vehicle groups, not for Vehicle types. This will
spective local rental station (herein after referred to as the „Rental Company“) and you. Please apply even if a specific Vehicle type is mentioned as an example in the description of the
read these Terms and Conditions of Business carefully. Vehicle group. The Rental Company reserves the right to upgrade the client to an equiva-
(*Translation only. The only legally binding version of this document is the German one.) lent or superior Vehicle.
4.2 To confirm the booking a deposit of 30% of the rental charge, with a minimum of €
1. Scope, contents of contract, jurisdiction 300.00 must be paid. After receiving the payment, a booking confirmation will be sent to
1.1 The following Standard Terms and Conditions [AGB] of the Rental Company, its partners the Hirer. Only then will the reservation become binding on both parties. If the Hirer exceeds
and licensees (hereinafter referred to as „the Rental Company“) apply exclusively. Terms this deadline written in the offer the Rental Company will cease to be bound by the reserva-
and conditions of the Hirer, which contradict or deviate from the Standard Terms and tion. Cancellation fees*:
Conditions of the Rental Company will not be recognized. The Standard Terms and Condi- From the day of a confirmed booking until 50 days before the beginning of the rental
tions of the Rental Company will apply even if the Rental Company hires the Vehicle out period (Pick Up), we will charge a processing fee of € 300.00
to the Hirer without reservation, knowing that terms and conditions of the Hirer contra- Between 49 to 15 days before beginning of rental 50 % of the rental price but a minimum
dict or deviate from these Standard Terms and Conditions. of € 300.00
1.2 The sole subject of the contract with the Rental Company is the hiring out of the Vehicle. Less than 15 days before beginning of rental 80 % of rental price
The Rental Company is under no obligation to provide travel services, and in particular no At rental day / day of Pick Up or by no show 95 % of rental price
package of travel services. *It is up to the Hirer to prove that no damage has occurred at all or to a lesser extent.
1.3 In the event of a booking, a rental contract will arise between the Rental Company and The cancellation must be made in writing.
the Hirer(s), which is solely subject to German law. The statutory provisions relating to 4.3 Changes may be made to a reservation confirmed to the Hirer from the date of reservation
travel contracts, in particular those of §§ 651 a - 1 German Civil Code [BGB], do not ap- until at least sixty days before the agreed commencement of the rental period, as long as the
ply to the contract either directly or accordingly. The Hirer will organize his journey him- Rental Company has alternative capacity and the alternative booking corresponds in amount
self and make use of the Vehicle on his own responsibility. The rental contract is limited to the first. Rebooking is only possible in the same calendar year and at the same station, a
to a specific period as agreed. Any tacit extension of the rental indefinitely on the basis change of station is not possible in case of rebooking. Later changes of bookings are not pos-
of continued use pursuant to § 545 German Civil Code is hereby excluded. sible. If the booked travel period is shortened/reduced, the above-mentioned cancellation
1.4 All agreements between the Rental Company and the Hirer must be concluded in writing. conditions apply to the cancelled nights. Each rental amendment will be charged according to
2. Minimum age, authorized drivers the valid price list. After the conclusion of the contract, the Hirer is not entitled to any
2.1 The Hirer and any other driver must be at least 21 years old. For Vehicles above 3,5 tons changes with regard to the beginning of term of rental.
the minimum age is 25 years. The Hirer and any other drivers must have been in pos- 4.4 If the Rental Company cannot provide the rental vehicle of the booked vehicle group on the
session of a Class III / Class B or comparable national driver`s license for at least one planned pick-up date, the Rental Company reserves itself the right to:
year – for Vehicles above 3,5 tons (Premium Group) not less than 3 years – corresponding a) provide a vehicle of an equal or higher category. If the Rental Company provides a vehicle
to the weight of the Vehicle. The delivery of the Vehicle requires the presentation by the of an equal or higher category, the hirer shall not be entitled to cancel the rental contract.
Hirer and/ or driver(s) of the driver’s license and the valid identification card/passport at b) If a vehicle of an equal or higher category cannot be made available either, the Rental Com-
the time of taking possession. If a delay in taking possession occurs due to the non- pany is entitled to rebook the customer to a vehicle of a lower category. The Rental Company
presentation of said documents, such delay shall be at the expense of the Hirer. If such shall reimburse the Hirer for the difference in price to the rental charge already paid by the
documents cannot be presented at neither the agreed time for taking possession, nor Hirer in advance. If the Rental Company provides a vehicle of a lower rental category, can-
within a reasonable grace period thereafter, then the Rental Company shall be entitled cellation of the rental contract by the Hirer is excluded.
to withdraw from the contract. The cancellation provisions set forth in section 4.2 shall
apply. c) If the Rental Company is unable to provide a replacement vehicle, the Rental Company is
The Rental Company or the official authorities of the country may require the presenta- entitled to offer a rental from another rental station. In this case, the current daily prices for
tion of an international driver’s license (for non-EU citizens). the rental vehicle at the new rental station shall apply. Possible additional costs are to be
2.2 Please note that some of the Rental Company’s Vehicles have a total weight of more borne by the hirer.
than 3.5 tons and that to drive these Vehicles an appropriate driver’s license is required. d) If the Rental Company cannot provide a replacement vehicle and the Hirer does not accept
Those in possession of a Class B driver´s license must consult the Rental Company a rental offer from another rental station, the Rental Company reserves itself the right to
about the engine size and the technically permissible total weight of the Vehicle rented. cancel the booking free of charge. The Rental Company shall reimburse the Hirer for any
If, upon renting, a respective driver´s license cannot be presented, the Vehicle shall be payments already made.
regarded as not collected. In such case, there shall apply the respective terms of cancel- This provision shall apply, amongst other things, in the event of delays in delivery or non-
lation (see 4.2). delivery of the rental vehicle, as well as destruction of the vehicle due to force majeure,
2.3 The Vehicle may only be driven by the Hirer and the drivers named at the time of hiring. weather conditions, explosion, fire, theft, burglary, amended legal regulations or other
2.4 The Hirer is under an obligation to record the names and addresses of all drivers to amended regulations.
whom he entrusts the Vehicle, for however short a time, and supply this information to 4.5 It is pointed out that there is no general statutory right of withdrawal from rental contracts. It
the Rental Company on request. The Hirer bears the same responsibility for the actions of is further pointed out that according to §312g, para. (2), no. 9 BGB a 14-day right of with-
any driver to whom he supplies the Vehicle as for his own. drawal does not exist either.
3. Hire charges and their calculation, rental period 5. Terms of payment, security deposit
3.1 The hire charges applicable are those stated in the version of the Rental Company’s 5.1 The predicted hire charge, calculated based on the booking details, must be received at
price list in force at the time the contract is concluded. Any prescribed minimum rental least 40 days before the commencement of the hire in an account of the Rental Company
period applicable during particular travel periods is likewise indicated in the version of to be notified to the Hirer, free of any charges.
the Rental Company’s price list current at the time the contract is concluded. The respec- 5.2 The security deposit of € 1,200 must either be received together with the hire charge in the
tive minimum rental period is shown in the current price list. The document can be found Rental Company’s account at the latest when the Vehicle is collected (MasterCard, Visa). A
on the website under the following link: www.mcrent.eu/rental-conditions/ payment of the deposit with Prepaid Credit Cards or cash is not possible. The Hirer has to
The prices applicable are those for the season indicated in the price list within which the pay the deposit.
rental period booked falls. A one-off lump-sum service charge will be made for each 5.3 In the case of short-notice bookings (less than 40 days before hire commencement), the
rental. The amount of this is also indicated in the version of the Rental Company’s price total hire charge will be due immediately.
list current at the time the contract is concluded. 5.4 The Rental Company will reimburse the security deposit after the final rental account has
3.2 The included services can be found in the current price list of the respective country and been settled, as long as the Vehicle is returned as required. Any charges incurred in addi-
on the website under the following link: www.mcrent.eu/about-mcrent/ tion to the hire charge paid in advance by the Hirer will be deducted from the security de-
3.3 The relevant hire charge includes: In generally unlimited mileage; specials could have posit when the Vehicle is returned.
limited kilometres, extra kilometres will be charge according to the valid price list; insur- 5.5 If the Hirer defaults on payment, interest will be charged in accordance with the statutory
ance cover modelled on German „Kasko“ insurance as described in Section 12 and the regulations in force.
Vehicle manufacturer’s mobility guarantee. The bicycle racks are not suitable for E- 6. Collection, return
Bikes.
6.1 Before taking the wheel, the Hirer is under an obligation to take part in a detailed intro-
3.4 The daily rates applicable will be charged for each 24-hour period completed or com-
duction to the Vehicle by the Rental Company’s experts at the collection center. On that oc-
menced during the rental period. The rental period will begin when the Hirer takes pos-
casion, there is drawn up a detailed report (Pick Up) of delivery describing the condition of
session of the Vehicle at the rental station and end when the rental station employee the Vehicle that is to be signed by both parties. The Rental Company is entitled to refuse to
takes it back.
hand over the Vehicle until this introduction has taken place. If the handover is delayed
3.5 If the Vehicle is returned after the time agreed in writing, the Rental Company will
due to the fault of the Hirer, he must bear any costs incurred as a result.
charge a fee according to the actual valid pricelist (up to a maximum equal to the rele- 6.2 On returning the Vehicle, the Hirer is under an obligation to carry out a final examination of
vant full day price for each day late). Any costs incurred as a result of a subsequent
it together with rental station staff, with a written return report (Drop Off) to be prepared
hirer or any other person making claims against the Rental Company on the grounds
and signed by the Rental Company and the Hirer. Any damage not specified in the report
that a Vehicle was supplied late must be borne by the Hirer. of delivery that is detected upon return of the Vehicle shall be at the Hirer’s expense.
3.6 If the Vehicle is returned before the expiry of the agreed rental period, the full contrac-
6.3 Regular vehicle handovers take place Monday to Friday in the afternoon, returns take
tually agreed hire charge must be paid unless the Vehicle can be hired out to someone
place Monday to Friday in the morning. You can find your booked pick-up time on your
else. booking confirmation. Pick up and Drop Off times as shown in the rental contract are bind-
3.7 The Vehicle will be supplied with a full tank and must be returned in the same condition.
ing. On Saturdays collection and return are only possible by prior arrangement. This will in-
Otherwise, the Rental Company will charge diesel fuel according to the current price list
cur an additional charge, to be agreed. The days of collection and return will be charged
T&C Germany McRent page 1 of 2
together as a single day, as long as a total of 24 hours is either not exceeded or only 12.3 If the Hirer causes loss/damage culpably, he will additionally be liable in the following
exceeded due to the fault of the Rental Company. The exact times can be found on the cases:
station details pages: www.mcrent.eu/motorhome-rv-rental/germany/ if loss/damage was caused by impaired ability to drive due to drugs or alcohol
6.4 The Vehicles are delivered with a clean interior and are to be returned by the Hirer in the if the Hirer or a driver to whom the Hirer has supplied the Vehicle leaves the site of an acci-
same condition as are received. Should the interior not be in the same clean condition as dent without justification
received, the Hirer will be liable for the cleaning fee. if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Sec-
7. Prohibited use, duty of care tion 8, unless this breach of obligation does not affect either the establishment of the
7.1 The Hirer is prohibited from using the Vehicle as follows: to participate in motor sport cause of the loss/damage or of its amount
events and Vehicle tests, to transport easily inflammable, poisonous or otherwise dan- if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obli-
gerous substances, to commit Customs or other criminal offences, even if these are only gation does not affect either the establishment of the cause of the loss/damage or of its
punishable according to the law applicable in the place where the offence was commit- amount
ted, for rental to a third party or for the commercial transport of passengers or for any if loss/damage is due to usage prohibited by Subsection 7.1
other use going beyond that agreed by contract, in particular driving on terrain not in- if loss/damage is due to a breach of an obligation imposed by Subsection 7.2
tended for the purpose. if loss/damage is caused by an unauthorized driver to whom the Hirer has supplied the Vehi-
7.2 The Vehicle must be treated carefully and appropriately and properly locked on all occa- cle
sions. The regulations and technical rules applicable to its use must be complied with. if loss/damage is due to a failure to take account of the Vehicle’s dimensions (height Ger-
Its running condition, in particular oil and water levels and tire pressure, must be moni- man Road Traffic Regulations [StvO] Signal 265, with German Road Traffic Regulations
tored. The Hirer undertakes to check regularly to make sure that the Vehicle is in a [StvO] Signal 264 or equivalent country signs.
roadworthy condition. if loss/damage is due to a failure to comply with load regulations
7.3 All Vehicles are non-smoking Vehicles. This means that you may not smoke in any part if damage is caused by the use of the wrong fuel (Incorrect refuelling), if water or oil is not
of the Vehicle. Pets may only be brought along subject to the Rental Company’s explicit refilled and warning indicators in the vehicle have been disregarded; the insurance does not
approval. Cleaning expenses caused by noncompliance with regulations must be borne cover the damages. This also counts for interior damages and incorrect operation of for in-
by the Hirer. Any costs, which may be incurred by ventilation or for elimination of con- stance awning, water and fuel tank.
tamination with smoke, including lost profits resulting from temporary non-availability 12.4 To avoid increasing costs due to expenses incurred to establish the amount of the da- mage
of the Vehicle for hire owing to these circumstances, shall also be borne by the Hirer. suffered, the Rental Company will in the event of accident damage initially supply the Hirer
7.4 If evidence of violation of the provisions in the aforementioned paragraphs 7.1, 7.2 and on request with sample invoices for the type of case concerned.
7.3 can be provided, the Rental Company may terminate the lease without notice. 12.5 Personal property of the Hirer, which is damaged - or lost - as a result of an accident or theft
8. What to do in the event of an accident is not insured.
8.1 After an accident, theft or damage by fire or collision with a wild animal, the police must 12.6 The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Com-
be informed immediately and also the rental station (for Telephone Number see rental pany in connection with the use of the Vehicle, unless these are incurred due to the fault of
contract), at the latest immediately after the working day following the day of the acci- the Rental Company. The Rental Company reserves the right to deduct the fees, charges,
dent/incident. It is not permitted to accept any third-party claims as valid. fines and penalties from the clients’ credit card. Additional handling charges are subject to
8.2 Even in the case of very slight damage, the Hirer must prepare a detailed written report the dis- played pricing lists at the rental stations.
for the Rental Company, including a sketch. If, for whatever reason, the Hirer fails to 12.7 More than one Hirer will be generally and severally liable.
draw up such report and if, because of that, the insurance company refuses to pay the 13. Rental Company’s liability, expiry by limitation
damage, the Hirer shall be obliged to pay full compensation for the damage. 13.1 The rental vehicle is insured by a third party liability insurance with at least the legal
8.3 The accident report must in particular include the names and addresses of anyone in- amount of coverage (depending on the country).
volved and any witnesses, together with the license numbers of all Vehicles involved and 13.2 The Rental Company bears unlimited liability for deliberate action and gross negligence.
has to be over handed filled out and signed by Drop Off latest towards Rental Company. In the case of simple negligence the Rental Company is only liable for foreseeable loss/
9. Journeys abroad damage typical of the type of contract concerned where there is a breach of an obligation
Journeys abroad but within Europe are permitted. Journeys to countries outside of Eu- the meeting of which is of particular importance for the achievement of the purpose of
rope are subject to the prior approval of the Rental Company. Journeys to areas af- the contract (cardinal obligation). This standard of liability also applies in cases of obsta-
fected by war or crisis are prohibited. The applicable entry requirements can be found on cles to performance at the time of the conclusion of the contract.
our website: www.mcrent.eu/service/travel-requirements 13.3 The above limitations and exclusions of liability do not apply to claims under the terms of
the German Product Liability Act or to claims based on injury to life, limb or health or in-
10. Defects in the Vehicle fringements of liberty.
10.1 Any claims to compensation by the Hirer on the basis of defects for which the Rental 13.4 Claims, which are not excluded according to paragraph 13.1 but were only limited in
Company is not responsible are hereby excluded. scope shall become statute-barred within a year of the end of the year of the claim be-
10.2 Any defects in the Vehicle or its fittings/equipment, which are discovered after the com- ing created and the circumstances justifying the claim and the debtor’s identity being dis-
mencement of the hire must be reported to the Rental Company in writing by the Hirer closed to the creditor or the creditor, without gross negligence, being considered to be
by returning of Vehicle. Claims for damages based on subsequently notified defects aware of such circumstances or identity. With the exception of claims for damages which
shall be excluded unless the claim is based on a defect which is not patent. are based on loss of life, physical injury, health hazards or the loss of freedom and
11. Repairs, substitute Vehicle claims based on the product liability act, claims for damages shall become statute- barred
11.1 Repairs, which are necessary in order to maintain the Vehicle in a good working and - with no consideration being given as to whether the creditor was aware of the circum-
roadworthy condition during the rental period, may be ordered by the Hirer up to stances and identity or, without gross negligence, should have been aware of such cir-
€ 150.00 without consultation. Repairs going beyond this may only be ordered with the cumstances and identity - within five years of the end of the year in which the claim was
consent of the Rental Company. The Rental Company will bear repair costs on produc- created.
tion of the original invoices and the parts replaced, as long as the Hirer is not liable for 13.5 The Rental Company Terms and conditions apply. These are provided at the rental depot
the damage pursuant to Section 12 below. This does not apply to tire damage. during pick-up and are published on our website. Additional price lists are published in
11.2 If a defect for which the Rental Company is responsible makes such a repair necessary, each Rental Station.
and if the Hirer does not rectify the defect on his own initiative, the Hirer must notify the 13.6 Notice pursuant to § 36 of the Consumer Dispute Resolution Act (Verbraucherstreitbei-
Rental Company of the defect immediately and set a reasonable deadline for its repair. legungsgesetz – VSBG): The contracting party will not participate in a dispute resolution
Any circumstances specific to a particular country (e.g. infrastructure) which delay the re- proceeding before a consumer arbitration body in terms of the VSBG, nor is it obligated
pair must be taken into account here to avoid disadvantage to the Rental Company. to do so.
11.3 If the Vehicle is destroyed without any fault on the part of the Hirer or if it appears likely 14. Storage and forwarding of personal data
that its use will be prevented or withdrawn for an unreasonably long time, the Rental 14.1 The Hirer agrees to the Rental Company storing personal data.
Company will be entitled to supply the Hirer with an equivalent substitute Vehicle within 14.2 The Rental Company may forward these data via the central warning ring to third parties
a reasonable period. If the Rental Company supplies an equivalent substitute Vehicle, with a justified interest if the statements made in the rental are incorrect in essential
any termination by the Hirer pursuant to § 543 Para. II No. 1 German Civil Code [BGB]) is points or the rented Vehicle is not returned within 24 hours of the expiry of the rental pe-
excluded. If in such a case the Rental Company offers a Vehicle from a lower price class riod (also extended, if need be) or if rental claims have to be made in judicial reminder
and this is accepted by the Hirer, the Rental Company will reimburse to the Hirer the dif- proceedings or checks presented by the Hirer are not honored. In addition, the data can
ference between this and the price already paid in advance by the Hirer. If no replace- be forwarded to all the authorities responsible for prosecution of offences against public
ment vehicle can be provided, the Rental Company may cancel the contract. order and criminal offences in the event of the Hirer actually behaving dishonestly or suf-
11.4 If the Vehicle is destroyed due to the Hirer’s fault or if it is foreseeable that its use will ficient indications here for existing. This is done, for example, in the event of wrong infor-
be prevented or made impossible for an unreasonably long period due to the Hirer’s mation for the rental, presentation of forged personal documents or such reported as
fault, the Rental Company may refuse to make a replacement Vehicle available. In such having been lost, failure to return the Vehicle, failure to notify a technical defect, road
a case, termination of the contract by the Hirer is excluded according to § 543 Subsec. II traffic offences or similar.
No.1 BGB. If the Rental Company provides a replacement Vehicle, it can charge the Hirer
with the transfer costs incurred.
15. GPS Tracking System
The Rental Company´s Vehicles can be equipped with GPS Tracking Systems.
12. Hirer’s liability, insurance
12.1 In accordance with the principles of a comprehensive motor insurance, the Rental Com-
16. Legal venue
pany will indemnify the Hirer from liability subject to an excess of € 500 [German: Teil- For all disputes arising out of or in connection with the hire contract for the Vehicle, it is
kasko] to be borne by the Hirer in case of damage subject to partial comprehensive motor hereby agreed that if the Hirer has no general legal venue in Germany or if the Hirer
insurance and to an excess of € 1,200 per damage [German: Kasko] to be borne by the against whom legal action is to be brought to enforce a claim transfers his place of resi-
Hirer in case of damage subject to full comprehensive motor insurance per case of dam- dence or usual abode abroad after the conclusion of the contract or if his place of resi-
age. The respective deductible cannot be excluded but can be reduced for a fee by means dence or usual abode is not known at the time when action is brought or if the Hirer is a
of an additional insurance package (www.mcrent.eu/travel-insurance/ - bookable only for merchant [Kaufmann] as defined by German law or a person defined as equivalent by §
residents of one of the following countries: Germany, Belgium, Denmark, France, Italy, 38 Para. 1 German Code of Civil Procedure [ZPO], the legal venue will be that of the
Luxembourg, Netherlands, Austria, Poland, Czech Republic. The country in which the rental rental station concerned.
station is located is irrelevant. The additional insurance packages can only be booked in
German and English language). May 24th, 2022
12.2 The indemnity against liability described in Subsection 12.1 will not apply if the Hirer
causes a loss/damage deliberately or by gross negligence.