of the company ScooTrike Adventures Saxonia, owner Dr. Thomas Ludwig, Ortrunweg 18, D-04279 Leipzig, Tel .: +49 174 173 5696, E-Mail:firstname.lastname@example.org,tax no. 231/246/02130, VAT ID no. DE328253731 – hereinafter referred to as the landlord or tour provider.
This rental agreement is based exclusively on these general terms and conditions of ScooTrike Adventures Saxonia, owner Dr. Thomas Ludwig. Verbal agreements are not valid. For all mutual claims from and in connection with the conclusion of a contract between the tenant and the landlord, these general terms and conditions always apply in the version valid at the time of the respective conclusion of the contract. Any regulations deviating from these conditions only apply if they have been confirmed in writing by the landlord. The terms and conditions apply to all vehicles of the lessor (trikes, motorcycles, scooters, buggies etc.). In the case of guided tours, the vehicles provided to the tour participants are considered rental vehicles with a corresponding rental contract.
§2 Conclusion of contract
Rental contracts are only concluded between the landlord and
a. with natural persons with unlimited legal capacity (hereinafter referred to as “tenants”) who have reached the age of 18
as well as with
b. legal persons who are resident or have their registered office in the Federal Republic of Germany or a member state of the European Union.
§3 Authorized drivers
The minimum age of the authorized driver must be 21 years for guided tours and 25 years for vehicle rentals. The authorized driver must have a valid driver’s license for three years, in the class required for the vehicle. The lessee undertakes to drive the rental vehicle only with an approved motorcycle helmet. The same applies to the passenger. A breach of the regulations made in the previous sentences leads in any case to the loss of insurance protection, in addition the tenant is personally liable for all damage caused by him. If, despite intensive driving instruction, it is obvious that the driver to be instructed does not master the vehicle safely on the road, the lessor reserves the right not to allow the driver for safety reasons or to withdraw from the contract.
§4 Required Documents
Before the contract is concluded, the landlord must be provided with a valid and valid driver’s license for the corresponding vehicle, as well as a valid ID card or passport with a valid registration certificate. The lessor is entitled to make copies of the driver’s license and identification documents to secure his claims.
§5 Rental prices
The prices of the currently valid price list apply. The rental price of the vehicle rental includes the statutory liability insurance with a coverage of EUR 100 million, the statutory value added tax and a detailed introduction to the vehicles. For guided tours, additional services may be included in the rental price (fuel, tour guide, transport to the tour location, etc.).
The final rental price is calculated by the lessor when the vehicle is taken back. The return takes place only at the times and places agreed in the rental agreement. If the vehicle is returned before the agreed rental period has expired, the full rental price is payable. In the event of a late vehicle return, an amount of EUR 20.00 will be charged for each hour or part thereof that exceeds the time agreed in the rental agreement, up to a maximum of the daily rental price. The lessor reserves the right to claim further damage (e.g. if a late rental is not possible due to late delivery). If the number of kilometers traveled during the rental period exceeds the free kilometers specified in the rental agreement, an amount of EUR 0.40 will be charged for each additional kilometer traveled.
When the vehicle is handed over, a deposit of EUR 300 is required for guided tours and in the case of vehicle rentals EUR 1,500 in cash or by credit card. When the vehicle is returned, the deposit will be refunded if the vehicle is intact at first glance. If defects or damage are found during the subsequent vehicle check, additional claims (in particular the assertion of damages) may arise. If the vehicle is returned with damage, the lessor is entitled to keep the deposit in full until the damage amount has been determined. The landlord is also entitled to offset the deposit against any additional claims, which are described in § 6 and § 10 (exceeding the rental period, exceeding the free kilometers, missing fuel on return, etc.).
§8 Payment method
The lessee is obliged to pay the rent or the tour price when collecting the vehicle in cash or by credit card. The landlord reserves the right to request a deposit of 30% of the expected rental or tour price in advance when booking. The deposit on booking must be made through the landlord’s booking system via PayPal, direct debit or credit card. Vouchers must be paid in full when booking and are valid for two years from delivery. If the payment deadline is not met, the landlord is no longer bound by the rental agreement. For short-term bookings (on the same day), the rental price is due immediately.
§9 Reservation and cancellation
Vehicles for rent and for guided tours can only be booked through the lessor’s booking system (www.scootrike.de)get booked. With the reservation confirmation, an effective rental contract is concluded. It is the landlord’s responsibility to accept rentals and tour bookings in another way. In the event of cancellations up to 7 days before the start of the rental or tour, the deposit will be refunded to the lessee. If the cancellation is made less than 7 days before the start of the rental or tour, the deposit will not be refunded. If the vehicle is not picked up at the start of the rental contract or the start of the tour without the lessee having withdrawn from the contract, the full rental price will be charged.
§10 Handover, return
The collection and return of the vehicles takes place only at the times and places specified in the rental agreement or after consultation with the lessor. If there is an important reason, the landlord is entitled to request an early return. In the event of a breach of the return obligation, the landlord reserves the right to file a criminal complaint. The vehicles are handed over in clean condition and with full fuel and must be returned with full fuel. The tenant confirms the handover by signing a handover protocol. Any complaints must be reported immediately to the landlord and noted in the handover report. By signing the handover protocol, the tenant recognizes the contractual condition of the vehicle. Differences in fuel will be invoiced upon return with the current fuel price and an expense allowance of EUR 20.
§11 Prohibited use / due diligence by the tenant
The lessee is obliged to treat the vehicle provided with the necessary care and prudence. When leaving the vehicle, the lessee must take the vehicle keys and papers, as well as the accessories (helmets, protectors, rainwear, navigation devices etc.) and keep them inaccessible to unauthorized persons. The lessee is prohibited from using the vehicle as follows:
- for participation in motor sport events and vehicle tests
- for the transport of explosive, highly flammable, toxic, radioactive or other dangerous substances
- to commit customs and other criminal offenses
- for referral and lending
- for the transport of children under 12 years or a height of 150 cm.
- Driving in a drunk state or after and during drug use or taking medication that affects your ability to drive
- The tenant is not entitled to carry out commercial passenger transport with the rental property
- The vehicle must not be driven outside of public traffic
- Off-road use off-road or on cross or race tracks is expressly prohibited.
- Avoid full throttle driving and excessive loads on the vehicle
§12 Tours with a guide
For guided tours, the tenant is obliged to follow the instructions of the tour guide. This applies in particular to instructions on driving and wearing safety equipment (helmet, etc.). In the event of non-compliance, it is at the discretion of the tour guide to cancel the tour. The resulting lessee / authorized driver bears the resulting damage claims against the lessor and the other tour participants. With the conclusion of the rental contract, the tenant expressly agrees that pictures taken by the landlord during the guided tours can only be published on his website. The participants of corresponding tours clear the company ScooTrike Adventures Saxonia, owner Dr. Thomas Ludwig all the necessary rights of use.
§13 Trips abroad
In general, trips abroad to all EU countries are possible, but only after prior written approval by the landlord. For your own safety, an ADAC-Plus letter of protection or similar should be concluded so that in an emergency the supply of spare parts, towing incl. Fees or, if applicable, the journey home is guaranteed.
Repairs that are necessary to ensure the operational safety of the vehicle may only be carried out by the lessee with the prior consent of the lessor. The landlord bears the repair costs upon presentation of the relevant documents, insofar as the tenant is not liable for the damage (see §16 liability of the tenant). Repairs to ensure the road safety of the vehicle must be ordered by the tenant immediately after the defect has been identified.
§15 Behavior in the event of an accident
The tenant must immediately inform the landlord after an accident. In addition, the police must be informed in any case, especially if people have been injured or the expected damage exceeds 500 euros. Opposing claims may not be recognized. Fire, theft and game damage must be reported by the tenant to the landlord and the police immediately. The tenant has to report to the landlord, even in the event of minor damage, with a detailed report and a sketch. The accident report must contain the name and address of the persons involved and any witnesses, as well as the official registration number of the vehicles involved.
§16 Liability of the tenant
The lessee is liable for all damage or loss caused to the rented vehicle or caused by its operation (including vehicle parts and accessories). The lessee is not liable if the lessee is not responsible for the breach of duty caused by the damage or loss. The lessee’s obligation to pay compensation extends to the repair costs plus any impairment or, in the event of total damage to the vehicle, to the replacement value of the vehicle minus the residual value. The lessee is also liable for any towing costs, expert fees, any costs incurred by the lessor for return transport and loss of rent. The lessee is particularly liable for accidental damage if he caused the damage through intent or gross negligence or the damage was caused by the inability to drive due to alcohol, medication or drugs. If the tenant has committed an accident flight or violated his obligations under these conditions, he is also fully liable. The lessee is fully liable for all damage caused by use of an unauthorized driver or for a prohibited purpose by the load or by improper handling of the vehicle. In the event of violations of domestic or foreign regulations (e.g. traffic violations, etc.), the lessee is liable for all resulting costs. In this context, the landlord charges for the determination and forwarding of fines, notices of fines, etc. to the polluter (tenant) an expense allowance of 30 euros. Otherwise, legal liability remains
§17 Insurance coverage
The lessor’s vehicles are insured as self-drive rental vehicles in accordance with the applicable General Terms and Conditions for Motor Insurance (AKB) as follows: Liability insurance for self-drive rental vehicles, cover amount 100 million euros.
§18 Liability of the landlord
The lessor is liable for all damage culpably caused to the lessee, insofar as there is cover within the scope of the motor vehicle liability insurance taken out for the vehicle. For damage not covered by the insurance, the lessor’s liability for property damage and personal injury is limited to intent and gross negligence. The lessor is not obliged to store items that the lessee leaves behind in the vehicle when they are returned.
§19 Place of jurisdiction / applicable law
The place of jurisdiction is Leipzig. Only the law of the Federal Republic of Germany is applicable.
§20 Severability clause
Should individual provisions of these general terms and conditions be or become ineffective, this has no influence on the legal effectiveness of the remaining points. The ineffective conditions must be reinterpreted in such a way that their purpose can be fulfilled effectively or the regulation comes as close as possible to what the contracting parties want