AVB

1. Parties

The lessor is Rentava GmbH, based in Kloten (hereinafter referred to as the "lessor"). The lessee is the natural or legal person registered in the rental agreement as "Tenant 1" who rents a vehicle from the lessor.

2. Conclusion of contract and contract content

2.1 The reservation/booking of the desired vehicle group made by the renter constitutes a binding offer within the meaning of Articles 3 et seq. of the Swiss Code of Obligations to conclude a vehicle rental agreement. The contract is concluded upon confirmation by the lessor to the renter (conclusion of contract).

2.2 The content of the concluded contract will be signed by both parties upon receipt of the vehicle. By signing, the renter acknowledges that he has taken note of and understood the text of the contract, including these General Terms and Conditions, which are attached to the booking confirmation by email and are available for inspection in all branches, and expressly agrees to them.

2.3 Furthermore, the landlord is entitled to withdraw from the contract without liability for damages if the tenant does not pay the rent and all other fees and costs for the entire rental period in full before the start of the rental period.

2.4 If the renter books a specific vehicle model, the lessor does not guarantee its availability. If a guaranteed vehicle model is not available, the lessor is entitled to unilaterally withdraw from the rental agreement without further notice and, in particular, without liability for damages.

3. Withdrawal by the tenant

3.1 Tenants have the option of canceling free of charge. Cancellations must be made by email no later than 72 hours before the start of the rental period. If cancellation is not made within this time, a cancellation fee of up to three rental days (plus any costs/fees incurred by external service providers) will be charged. If a rental fee was paid in advance and this exceeds any applicable cancellation fee, the amount will be refunded within 10 business days.

4. Failure to take over the vehicle

4.1 If the renter does not pick up the vehicle within one hour of the agreed time, regardless of the reason, the reservation is no longer binding and the lessor is responsible for the costs.

4.2 Failure to accept the booking without timely cancellation will be handled as per Section 3.1. The right to claim further damages is expressly reserved.

5. Requirements of the renter/additional driver

5.1 For rentals in Switzerland, the following minimum age/minimum duration of possession of a B driving license applies:

1. 18 years and 0 years for simple passenger cars or commercial vehicles
2. 21 years and 3 years for sports & luxury vehicles

5.4 Should the renter fail to meet or no longer meet a requirement under Section 5 upon conclusion of the contract, the lessor shall be entitled to withdraw from the contract without further notice and refuse to hand over the vehicle. In this case, a cancellation fee shall be due in accordance with Section 4.2.

5.5 The renter is responsible for the vehicle and fully liable to the lessor. The renter is responsible for checking that any additional driver is fit to drive and holds a valid driver's license.

6. Vehicle handover/start of rental

6.1 Vehicle handover/rental start is also possible outside the regular opening hours of the respective rental station by arrangement.

6.2 If the renter does not pick up the rental vehicle until after the agreed time, the pro rata rental fee for the unused period remains due.

6.3 Vehicles are handed over to the lessee in a fully fueled, safe working condition. Upon commencement of the rental, the lessee must verify the accuracy of the mileage and fuel level provided by the lessor, as well as the absence of any other defects (including, but not limited to, the absence of vehicle documents, insurance card, tools, spare tire, warning triangle, and first-aid kit), and immediately report any discrepancies to the lessor on-site. Failure to do so will result in the vehicle being deemed handed over in good working order.

7. Security deposit

7.1 The renter is obligated to pay a deposit at the start of the rental period to secure all claims of the lessor arising from or in connection with the rental agreement. The amount of the deposit depends on the vehicle and is agreed upon in the rental agreement.

7.2 The lessor is entitled to offset the deposit against any claims against the lessee arising from or in connection with the rental agreement. If no offsetting occurs, the deposit will be refunded or credited to the lessee within 7 days of the vehicle being returned.

7.3 The landlord is not obligated to keep the security deposit separate from its assets. No interest is paid on the security deposit. The landlord is entitled to assert its claim to the security deposit even after the tenancy has begun.

8. Rental price

8.1 The rental price is generally the rate agreed in the rental agreement, including any additional fees and costs. By signing the rental agreement, the renter confirms that they have read and understood these rates, fees, and costs and expressly agrees to them (including mileage limits, fees for extras such as additional accessories, costs for liability limitation according to Section 15.5 et seq. below, fees for delivery and collection services, etc.).

8.2 All fuel costs are borne by the renter. If the vehicle is not returned with a full tank, refueling will be charged at the market fuel price plus a refueling fee of CHF 25.

9. Payment terms and electronic invoicing

9.1 Means of payment
Payment is possible using a valid payment method such as a credit card (an internationally recognized credit card company, namely Mastercard or Visa), debit card, Postcard or Maestro card.

9.2 Authorization to debit the payment method
Upon conclusion of the contract, the lessee irrevocably authorizes the lessor and its collection agents to debit all rental car costs and all other claims of the lessor related to the rental agreement (in particular, fines, fees, administrative expenses and other costs charged to its bodies due to traffic violations by the lessee (see Sections 13.2 and 13.3 below), as well as any claims for damages in accordance with Section 15 below, from the means of payment specified by the lessee upon conclusion of the rental agreement, subsequently presented, or additionally specified.
The rental fee and the security deposit must be paid at the time of vehicle handover, and in the case of long-term rentals, monthly in advance of the next rental period. In the event of non-timely payment, the lessor is entitled to terminate the rental agreement without notice after setting a one-time payment deadline.

9.3 Electronic invoicing
The tenant agrees that they will not receive paper invoices and that the landlord will instead send an electronic invoice in compliance with legal requirements to the email address provided. The tenant is responsible for ensuring that electronic invoices are received or, if agreed upon, that they are retrieved electronically. The tenant is responsible for any malfunctions in the reception facilities or other circumstances that prevent access. An invoice is deemed received as soon as it is received within the tenant's sphere of control. The tenant is obligated to retrieve the provided invoices at reasonable intervals.

10. Use of the vehicle

10.1 The lessee is obliged to drive and handle the vehicle carefully and to comply with the operating instructions specified by the manufacturer or the lessor, to lock the vehicle when not in use, in particular the windows, roof openings and the bonnet, to use the vehicle only in the approved countries and in compliance with the legal provisions there, to use the vehicle only for legally permissible purposes and to interrupt the journey if a defect in the vehicle occurs as soon as this is safely possible, and to then immediately notify the lessor.

10.2 Restrictions on use
It is prohibited to use the vehicle for racing, skidding courses, driving lessons or similar purposes, as well as as a driving school vehicle; as a tow vehicle, towing vehicle or for pushing; under the provision of false personal information such as age, name, address, etc.; under the influence of alcohol, drugs, medication or stimulants; in an overloaded or unroadworthy condition; for driving through riverbeds or similar (particularly in the case of vehicles with 4×4 drive); for subletting and for the transport of flammable, explosive, toxic or dangerous substances.

10.3 Maintenance
The renter undertakes to regularly check the oil and water levels as well as the tire pressure and to take the necessary action.

10.4 Repairs
Repairs during the rental period should, whenever possible, be carried out by the nearest brand representative. If the repair costs exceed CHF 100, the lessor must be contacted in advance for approval of the costs. The lessor will reimburse the repair costs upon presentation of a receipt. Exempt from this are all cases in which the renter is responsible for the costs, for example, based on Section 15.6 of these Terms and Conditions. Replaced parts must be delivered to the lessor by the renter.

11. Limited liability of the landlord

Any liability of the lessor for itself and its assistants towards the lessee and any additional drivers for any type of contractual and/or non-contractual personal injury and/or property damage is expressly excluded to the extent permitted by law, including liability for indirect and/or consequential damages, lost profits, consequential damages due to defects, damages due to delays, unusability of the vehicle, missed connections and opportunities to conclude business, etc.

12. Tenant’s duty of care and notification

12.1 In the event of an accident, theft, fire, damage caused by wildlife, or other damage to the vehicle, the renter must notify the lessor immediately and do everything necessary and useful to clarify the facts and mitigate the damage. In particular, the renter must immediately notify and involve the police in every accident. This also applies to minor damage and accidents caused by the renter without the involvement of third parties. If the police refuse to record the accident, the renter must immediately report this to the lessor and provide evidence of this. The renter is prohibited from acknowledging or satisfying a claim in whole or in part, unless the renter's refusal to acknowledge or satisfy the claim would be manifestly grossly unfair under the circumstances.

12.2 If the tenant breaches his obligations under clause 12.1, he shall be fully liable for any damages related to the aforementioned circumstances.

13. Traffic violations

13.1 Until the vehicle is returned, the renter is solely responsible for all violations of the law, in particular the Road Traffic Act, committed with the rented vehicle (even if committed by an additional driver, for example). Should the lessor be held liable for such violations due to owner liability or for other reasons, the lessor is entitled to charge the renter for any applicable fines, fees, costs, etc., in an appropriate manner.

13.2 The lessor, as the owner of the rented vehicle, is legally obligated to report the personal data of the driver or renter to the authorities in the event of traffic violations. In this case, the renter agrees to pay the lessor a fee of CHF 20 to cover its administrative expenses.

14. Trips abroad and entry restrictions

If the renter receives special instructions or requirements from the lessor upon picking up the vehicle regarding customs, customs reporting requirements, and/or conduct when crossing borders or regarding the return location, the renter must strictly follow these. If the renter is unable to follow the instructions received for any reason, they must notify the lessor immediately. Should the renter violate these provisions, they will be liable to the lessor for any resulting damages, including customs duties, import taxes, and fines.

15. Liability, limitation of liability and protection options

15.1 Renter's Liability to the Lessor The renter is liable, regardless of fault, for any damage incurred by the lessor due to damage to the rental vehicle, its destruction, or loss (e.g., due to theft). The renter is particularly liable for the conduct of any additional driver or any assistants engaged by the renter. The renter must accept their conduct as their own and will be fully liable to the lessor for any resulting damage. Multiple renters of a vehicle are jointly and severally liable for any damage incurred. The renter may be released from this liability to a certain extent by taking out a limitation of liability policy (see Section 15.5 below).

15.2 The lessee's liability for damages includes, in addition to the actual damage (e.g., reduced value of the vehicle or repair costs, both taking into account a reasonable depreciation, transport, liability deductible, and loss of bonus), the cost of an expert report and a processing fee of CHF 120 per claim. In the event of loss or damage to the charging cable for electric vehicles, the lessee must reimburse the lessor for the costs of replacing the cable and the processing fee in accordance with the above paragraph. The lessor remains free to claim further damages. In the event of a claim, the lessor is entitled to have the cause, extent, and quantification of the damage determined by an independent expert appointed by it at the lessee's expense. The lessee agrees that the findings and quantification of the damage in such an expert report will form the basis for the settlement of the claim, with binding effect for the lessee within the meaning of Art. 189 of the Code of Civil Procedure (ZPO). If the vehicle is unusable for the lessor due to damage, the lessor may charge the lessee for the duration of the repairs at the rates agreed with the lessee for the original rental. In the event of a total loss, a flat rate of one week's loss of use will be charged. The lessor will invoice the lessee for any damage caused by the lessee, which is payable within 14 days. If the damages are not paid on time, a reminder fee of CHF 18 will be charged starting with the first reminder. All further costs incurred in connection with the collection of the damage claim are also borne by the lessee.

15.3 Third-Party Liability Insurance The renter and each authorized driver are insured under motor vehicle liability insurance. This liability insurance covers personal injury and property damage caused by third parties up to a maximum coverage amount of CHF 100,000,000 and is limited to Europe.

15.4 The renter may limit their liability to the lessor for vehicle damage (excluding damage to the interior), loss of the vehicle, and theft to a deductible at the start of the rental period by taking out liability limitation and theft protection. A reduction or complete waiver of the deductible can be contractually agreed upon for a separate fee. The amount of the deductible is determined from the lessor's tariff list applicable at the time of contract conclusion for each vehicle class and is expressly stated in the rental agreement. For roof damage to delivery vans and transporters of any size, the deductible is CHF 5000 per event.

15.5 Exclusion or Loss of Limitation of Liability or Insurance Coverage. Intentional or grossly negligent (see Section 15.6 below) damage, regardless of the nature of the damage, will in all cases result in the loss of any limitation of liability and insurance coverage pursuant to Sections 15.2, 15.3, and 15.4 above, and thus in the Tenant's unlimited liability towards the Landlord and third parties for all damages related to the rental agreement. Furthermore, regardless of fault, any limitation of liability or insurance coverage does NOT apply in the following cases, and the Tenant is fully liable towards the Landlord and third parties for the damage:

• in the event of incorrect refueling, improper use of snow chains, ski and luggage racks, careless loading of ski and luggage racks, careless treatment of the vehicle's interior (tears and stains in the upholstery or other interior fittings, unless the "Interior" protection package has been taken out), cigarette burns and slashing in the interior, the consequences of driving off-road, incorrect handling of 4×4 vehicles (mechanical damage to the clutch, transmission, suspension, etc., which is not covered by the warranty by the contracted garages), incorrect handling of convertible tops, failure to close the top in rain, wind, etc.;
• in the event of insufficient maintenance/upkeep of the vehicle during the rental period;
• in the event of roof damage and other damage resulting from failure to observe the maximum height and width of the vehicle in passages, driveways, tunnels, bridges, etc.;
• when transporting prohibited or dangerous goods (dangerous goods);
• when transporting passengers or goods for a fee;
• in the event of non-compliance with the obligations of the renter set out in the rental agreement and the general rental conditions (GTC) (in particular the usage regulations according to section 10 above, the duty of care and notification according to section 12 above) as well as the transfer of the vehicle to an unauthorized third party or a third party who does not have a valid driving license;
• In the event of non-compliance with legal regulations regarding the obligation to report when crossing borders and customs and import regulations;
• For damage to tires and rims as well as to the windows of the vehicle, unless the renter has taken out special tire and window protection that goes beyond the general limitation of liability.

15.6 Gross negligence
The parties define grossly negligent conduct, which according to clause 15.6 also gives rise to the full and unlimited liability of the tenant towards the landlord or third parties when taking out a limitation of liability or insurance, in particular, but not exclusively, the following:

• any serious violation of traffic rules within the meaning of Article 90 (2) SVG;
• any driving style in which the driver is aware of the general danger of his illegal driving style or has failed to take this into account in breach of his duty,
• any manner of driving in which the driver acts in breach of essential precautionary measures and thereby disregards what should have been obvious to any reasonable person in the same situation and under the same circumstances in order to avoid damage which would have been foreseeable in the normal course of events;
• any driving while intoxicated, under the influence of narcotics or medication that impairs driving ability;
• any driving while overtired, in the event of microsleep or falling asleep;
• the following traffic violations, provided they led to or contributed to an accident: excessive speed or speed that is not appropriate to the conditions, lack of control of the vehicle, insufficient distance when driving behind another vehicle, failure to observe no-overtaking signs and stop lanes as well as traffic lights, failure to observe the permitted direction of travel, inattention and distraction while driving, e.g. due to the use of mobile phones, radio or navigation devices, etc., deactivation of safety-relevant vehicle equipment such as ABS and ESP as well as other driving stability devices, driving the vehicle in a condition that is not in accordance with the regulations and is not safe to operate (e.g. insufficient securing of a load, insufficient cleaning of vehicle windows of snow, ice or dirt, etc.);
• Inadequate vehicle security (e.g. missing handbrake when parking the vehicle on a slope, not locking the vehicle, leaving the key in the ignition);
• Leaving valuables in the vehicle.

16. Return of the vehicle

16.1 The renter undertakes to return the vehicle in accordance with the location, date, and time specified in the rental agreement. If the renter returns the vehicle early, i.e., before the end of the agreed rental period, this does not result in early termination of the rental agreement. Early return or late pickup of the vehicle will not result in a reduction of the agreed rental price.

16.2 The renter is obligated to return the vehicle to the agreed rental station to a designated employee. If the renter returns the vehicle to a location other than the agreed location, a service fee of CHF 50,00 (including VAT) will be charged for the incurred expenses, unless the renter notifies the lessor in advance and the lessor has agreed to this. If, as an exception, the renter returns the vehicle outside of the rental station's opening hours or leaves the rental station before the vehicle is registered, the renter remains responsible for the vehicle until it is registered by the lessor.

16.3 If the renter fails to return the vehicle or the vehicle key to the lessor at the end of the agreed rental period – even through no fault of their own – the lessor is entitled to demand compensation for use for the duration of the withholding, at least equal to the previously agreed rental fee. In addition, the renter is obligated to pay a flat-rate fee of CHF 20 as compensation for the associated processing costs, unless the renter proves that the lessor incurred lesser expenses and/or suffered lesser damages. The assertion of further damages is not excluded.

16.4 The renter must return the vehicle and any extras in a condition consistent with its contractual use. In the event of damage, excessive wear, or soiling to the vehicle, the customer is responsible for compensation. A limitation of liability pursuant to Section 15.5 does not exempt the renter from compensation for excessive wear or soiling of the vehicle, unless, when the corresponding protection package is purchased, this affects the interior and results from normal operation of the vehicle.

16.5 If the vehicle is returned outside of the rental station's opening hours, or for other reasons, no report is prepared regarding its condition upon return, the lessor is entitled to subsequently record any damage, excessive wear, or soiling and to report them to the renter within five business days of registration. Without such a report, the vehicle is deemed to have been returned in good condition, with the express exception of hidden defects.

16.6 Upon termination of the rental agreement or after exceeding the agreed rental period, the lessor is entitled to take possession of the vehicle at any time or to obtain it at the lessee's expense and to charge for any additional use of the rental agreement. This also applies to longer-term rentals in the event that the lessee is more than 10 days in arrears with the agreed rental payments or if it is foreseeable that they will no longer be able to fulfill their obligations under the rental agreement.

16.7 The rental agreement ends at the agreed time. With the consent of the Lessor, the agreement may be extended if the Lessee requests it at least three days before the end of the agreed rental period. Unless otherwise agreed, the same terms and conditions as for the originally agreed rental period or the terms and conditions adjusted to the rental period shall apply to the extended rental period. The extension may only be requested in writing at the relevant Lessor station and only by the Lessee himself.

16.8 Special rates apply only for the period offered and require that the rental be made for the entire rental period agreed upon. If the agreed rental period is exceeded or shortened, the standard rate will apply for the entire rental period, not the special rate. The lessor expressly reserves the right to claim damages exceeding this period.

16.9 For long-term rentals (rentals with an agreed rental period of more than 29 days), the renter is obligated to return the vehicle upon reaching the mileage specified in the rental agreement, but no later than the last rental day specified in the rental agreement. If the renter exceeds the mileage specified in the rental agreement by more than 500 km and/or returns the vehicle after the date specified in the rental agreement, the renter is obligated to pay a contractual penalty of CHF 500.

17. Applicable Law and Jurisdiction

17.1 The rental agreement shall be governed exclusively by Swiss law, excluding international private law.

17.2 The place of jurisdiction for all disputes between the renter and additional drivers, on the one hand, and the lessor, on the other, in connection with the rental agreement is Zurich. However, the lessor retains the right to bring the matter before any other competent court.

18. Nullity or partial invalidity

The partial or complete invalidity or nullity of one or more provisions of the rental agreement, including these General Rental Terms and Conditions (GTC), shall not affect the validity of the remaining provisions. Any invalid or invalidated provisions shall be replaced by provisions that most closely approximate the intended purpose of the invalid provisions. In the event of any inconsistencies, the German text of the contract shall prevail.