Insurance
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Hirer‘s liability, insurance
The Hirer will be liable for any loss/damage not covered by comprehensive insurance subject to a limit payable by the Hirer of € 1,500.00 per claim. This limit cannot be excluded.
If the Hirer causes loss/damage culpably, he will additionally be liable in the following cases:
- if loss/damage was caused by impaired ability to drive due to drugs or alcohol
- if the Hirer or a driver to whom the Hirer has supplied the vehicle leaves the site of an accident without justification
- if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the
loss/damage or of its amount
- if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its
amount
- if loss/damage is due to usage prohibited by Subsection 7.1
- if loss/damage is due to a breach of an obligation imposed by Subsection 7.2
- if loss/damage is caused by an unauthorised driver to whom the Hirer has supplied the vehicle
- if loss/damage is due to a failure to take account of the vehicle‘s
- if loss/damage is due to a failure to comply with load regulations
To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the Rental Company will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.
The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental. Company in connection with the use of the vehicle, unless these are incurred due to the fault of the Rental Company.
More than one Hirer will be generally and severally liable.
Rental Company‘s liability, expiry by limitation
The Rental Company bears unlimited liability for deliberate action and gross negligence. In the case of simple negligence the Rental Company is only liable for foreseeable loss/damage
typical of the type of contract concerned where there is a breach of an obligation the meeting of which is of particular importance for the achievement of the purpose of the contract
(cardinal obligation). This standard of liability also applies in cases of obstacles to performance at the time of the conclusion of the contract.
The above limitations and exclusions of liability do not apply to claims based on injury to life, limb or health or infringements of liberty.
Claims which are not excluded by Subsection 13.1, but only limited in size, will expire by limitation one year after the commencement of awareness or grossly negligent unawareness of the circumstances giving rise to the claim and the identity of the person liable. With the exception of claims for damages based on injury to life, limb or health or infringements of liberty, claims to damages will expire by limitation five years after they arise, regardless of awareness or grossly negligent unawareness.
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