General Rental Conditions (GRC)
1. Parties
The lessor is Rentava GmbH with its registered office in Kloten (hereinafter referred to as “lessor”). The Lessee is the respective natural or legal person entered in the rental agreement as “Lessee 1” who rents a vehicle from the Lessor.
2. Conclusion and content of the contract
2.1 The reservation/booking of the desired vehicle group made by the Hirer is a binding offer within the meaning of Art. 3 et seq. of the Swiss Code of Obligations for the conclusion of a vehicle rental contract. The contract is concluded by confirmation of the Lessor to the Lessee (conclusion of the contract).
2.2 The content of the concluded contract shall be signed by both parties upon takeover of the vehicle; by signing, the Lessee expresses his acknowledgement and understanding of the text of the contract together with these GTC, which are attached to the e-mail booking confirmation and are available for inspection at all branches, and expressly agrees to them.
2.3 Furthermore, the Lessor is entitled to withdraw from the contract without liability for damages if the Lessee 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 Lessee books a specific vehicle model, the Lessor does not guarantee its availability. In the event that a guaranteed vehicle model is not available, the Lessor is entitled to unilaterally withdraw from the rental agreement without further ado and in particular without liability for damages.
3. Withdrawal by the tenant
3.1 Tenants have the option of free cancellation. Cancellation must be made by e-mail up to 72 hours before the start of the rental period. If a cancellation is not made in due time, a cancellation fee amounting to a maximum of 3 rental days (plus any costs/fees incurred by external service providers) will be retained. If a rental has been paid in advance and exceeds any cancellation fee, the amount will be refunded within 10 working days.
4. Non-acceptance of the vehicle
4.1 If the Hirer, for whatever reason, does not take over the vehicle at the latest one hour after the agreed time, there is no longer a reservation obligation at the expense of the Rental Firm.
4.2 Failure to take over the vehicle without timely cancellation will be handled as in point 3.1. The assertion of further damages is expressly reserved.
5. Requirements in the person of the renter/additional driver
5.1 For rentals in Switzerland, the following minimum ages/periods of possession of driver’s license B apply:
a) 18 years and 0 years for simple passenger cars or commercial vehicles
b) 21 years and 3 years for sports & luxury vehicles
5.2 Should the Lessee fail to meet or no longer meet a requirement pursuant to Clause 5 upon conclusion of the contract, the Lessor shall be entitled to withdraw from the contract without further ado and to refuse to hand over the vehicle. In this case, a lump-sum cancellation fee shall be due in accordance with section 4.2.
5.3 The Lessee is responsible for the vehicle and fully liable to the Lessor. The Lessee shall check any additional driver for fitness to drive and possession of a valid driving license.
6. Vehicle handover / start of rental
6.1 A vehicle handover/ rental start is also possible outside the regular opening hours of the relevant rental station by arrangement.
6.2 If the Lessee does not collect the rental vehicle until after the agreed time, the pro rata rental charge for the unused period shall remain owed.
6.3 Vehicles shall be handed over to the Lessee with a full tank of fuel in a condition in which they are safe to operate. On the occasion of the commencement of the rental period, the Hirer shall satisfy himself/herself as to the correctness of the mileage and fuel level stated by the Rental Firm as well as the absence of other defects (namely the absence of vehicle documents, insurance certificate, tools, spare wheel, warning triangle and first-aid kit) and shall notify the Rental Firm immediately on site of any differences. If no such notification is made, then the vehicle is considered in any case as properly handed over.
7. Deposit
7.1 The Lessee is obliged to pay a deposit at the beginning 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 in the Rental Contract.
7.2 The Lessor is entitled to offset the deposit against all claims against the Lessee arising from or in connection with the rental agreement. If no set-off takes place, the deposit shall be refunded or credited to the Lessee within 7 days after return of the vehicle.
7.3 The Lessor is not obliged to keep the deposit separate from its assets. No interest shall be paid on the security deposit. The Lessor is entitled to assert its claim to payment of the security deposit even after the beginning of the rental relationship.
8. Rental price
8.1 The rental price shall generally be the rate agreed in the rental agreement together with the other fees and costs. By signing the rental agreement, the Lessee confirms that he has taken note of these rates, fees and costs and expressly agrees to them (including mileage limit, fees for extras such as additional accessories, costs of a limitation of liability pursuant to Section 15.5 et seq. below, fees for delivery and collection service, etc.).
8.2 All fuel costs shall be borne by the Lessee. If the vehicle is not fully refueled upon return, the refueling will be invoiced at the market price for fuel plus a refueling fee of CHF 25.
9. Terms of payment and electronic invoicing
9.1 Means of payment
Payment is possible with a valid means of payment such as a credit card (of an internationally recognized credit card company, namely Mastercard or Visa), debit card, Postcard or Maestro card.
9.2 Authorization to debit the means of payment
Upon conclusion of the contract, the Hirer irrevocably authorizes the Rental Firm and its authorized collection agent to charge all rental car costs and all other claims of the Rental Firm in connection with the rental contract (in particular, also fines, fees, compensation for evasion and other costs charged to its organs due to violations of traffic regulations by the Hirer (cf. 13.2and 13.3 below) as well as any claims for damages pursuant to Section 15 below shall be debited from the means of payment designated by the Lessee upon conclusion of the rental agreement or subsequently submitted or additionally designated.
The rent and the deposit must be paid at the time of handover of the vehicle and, in the case of long-term rentals, monthly in advance of the next rental period. In the event that payment is not made on time, the Lessor shall be entitled to terminate the rental relationship without notice after unsuccessfully setting a one-time payment deadline.
9.3 Electronic invoicing
The Lessee agrees that he will not receive any paper invoices and that the Lessor will send an electronic invoice in accordance with the legal requirements to the e-mail address provided instead. The Lessee shall be responsible for ensuring that electronic invoices can be sent to him or, if so agreed, collected by him in electronic form. The Lessee shall be responsible for any malfunctions in the receiving equipment or other circumstances that prevent access. An invoice shall be deemed to have been received as soon as it is received by the Lessee. The Lessee shall be obliged to make call-offs of the invoices provided at reasonable intervals.
10. Use of the vehicle
10.1 The Lessee is obliged to drive and handle the vehicle with care and to comply with the operating instructions specified by the manufacturer or the Lessor, to close the vehicle when it is not in use, in particular the windows, roof openings as well as the engine hood, to use the vehicle only in the authorized countries and there in accordance with the legal provisions, to use the vehicle only for legally permissible purposes and to interrupt the journey if a defect occurs in the vehicle as soon as this is possible without risk, with subsequent immediate notification of the Lessor.
10.2 Restrictions of use
It is forbidden to use the vehicle for racing, skidding courses, driving courses or the like, as well as for use as a driving school vehicle; as a tow truck, towing vehicle or for bumping; under false personal data such as age, name, address, etc.; under the influence of alcohol, drugs, alcoholic beverages or other substances. ; under the influence of alcohol, drugs, medication and stimulants; in an overloaded or unroadworthy condition; for the passage of riverbeds or similar (especially in the case of vehicles with 4×4 drive); for on-hire and for the transport of flammable, explosive, toxic or hazardous substances.
10.3 Maintenance
The Lessee undertakes to regularly check the levels of oil and water as well as the tire pressure and to arrange for the correspondingly necessary.
10.4 Repairs
Repairs during the rental period should, whenever possible, be carried out by the nearest brand representative. If the cost of repairs exceeds CHF 100, the lessor must be asked in advance to approve the costs. The lessor will reimburse the repair costs upon presentation of the receipt. Excluded are all those cases in which the Lessee is liable for the costs, e.g. based on Section 15.6 of these GTC. Replaced parts must be returned to the Lessor by the Lessee.
11. Limited liability of the lessor
Any liability of the Lessor for itself and the auxiliary persons employed by it towards the Lessee and any additional drivers for any kind 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 damage, for loss of profit, consequential damage caused by defects, damage caused by delay, inability to use the vehicle, missed connections and opportunities to do business, etc.
12. Duty of care and notification of the renter
12.1 In the event of an accident, theft, fire, damage caused by game or other damage to the vehicle, the Lessee shall notify the Lessor immediately and do everything that is necessary and useful to clarify the facts and to mitigate the damage. In particular, he has to inform and involve the police immediately in case of any accident. This also applies to minor damage and self-inflicted accidents without the involvement of third parties. If the police refuses to record the accident, the lessee must immediately notify the lessor and provide evidence of this. The Lessee is prohibited from recognizing or satisfying a claim in whole or in part, unless the refusal of recognition or satisfaction by the Lessee would be obviously grossly unreasonable under the circumstances.
12.2 In the event of a breach of the Lessee’s obligations under clause 12.1, the Lessee shall be fully liable for any damage related to the aforementioned circumstances without further ado.
13. Traffic rule violations
13.1 Until the return of the vehicle, the Hirer shall be exclusively responsible for all violations of the law caused by the rented vehicle, in particular of the Road Traffic Act (even if committed, for example, by an additional driver). Should the Lessor be held liable for this on the basis of the owner’s liability or for other reasons, the Lessor shall be entitled to pass on any fines, fees and costs etc. incurred to the Hirer in an appropriate manner.
13.2 As the owner of the rented vehicle, the Lessor is legally obliged to report the personal data of the driver or renter of the vehicle to the authorities in the event of traffic violations. In this case, the Hirer undertakes to pay the Rental Firm a fee of CHF 20 for its administrative expenses.
14. Journeys abroad and entry restrictions
If the Lessee receives special instructions or requirements from the Lessor regarding customs, customs reporting obligations and/or conduct when crossing borders or regarding the place of return when taking over the vehicle, the Lessee must strictly comply with these. If for any reason the lessee is unable to comply with the instructions received, he must inform the lessor immediately. Should the lessee violate these provisions, he shall be liable to compensate the lessor for any resulting damage, in particular for customs duties, import duties and fines.
15. Liability, Limitation of Liability and Protection Options
15.1 Lessee’s liability towards the Lessor The Lessee shall be liable, irrespective of his fault, for any damage incurred by the Lessor due to damage to the rental vehicle, its destruction and its loss (e.g. due to theft). In particular, the Lessee shall also be liable for the conduct of an additional driver or auxiliary persons called in by him. The lessee shall accept their conduct as his own and shall be fully liable to the lessor for any damage arising therefrom. Several lessees of a vehicle shall be jointly and severally liable for any damage incurred. The Hirer may exempt himself from this liability up to a certain extent by taking out a limitation of liability (see clause 15.5 below).
15.2 In addition to the actual damage (e.g. reduced value of the vehicle or repair costs, both taking into account a reasonable reduction in value, transport, liability deductible and bonus loss), the Lessee’s liability for damages shall include the costs of an expert opinion and a handling fee of CHF 120 per claim. In the event of loss of or damage to the charging cable for e-vehicles, the Lessee shall reimburse the Lessor for the costs of replacing the cable and the processing lump sum in accordance with the above paragraph. The Lessor is at liberty to claim further damages. In the event of damage, the Lessor shall be entitled to have the cause, extent and quantification of the damage determined by an independent expert appointed by it at the expense of the Lessee. The Lessee agrees that the findings and the amount of damage of such an expert opinion shall be used as a 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 cannot be used by the Lessor as a result of damage, the Lessor may charge for the loss of use for the duration of the repair at the rates agreed with the Lessee for the actual rental. In the event of a total loss, a loss of use of one week shall be charged as a lump sum. The Lessor shall invoice the Lessee for any damage for which the Lessee is responsible, payable within 14 days. If the damage payment is not made in due time, a reminder fee of CHF 18.- will be charged from the first reminder. All other costs incurred in connection with the collection of the claim for damages shall also be borne by the Lessee.
15.3 Liability insurance for third party damages The renter and each authorized driver is insured under a motor vehicle liability insurance. This liability insurance covers personal injury and property damage to third parties up to a maximum coverage amount of CHF 100,000,000 and is limited to Europe.
15.4 The Lessee may limit his liability towards the Lessor for damage to the vehicle (excluding damage to the interior), destruction of the vehicle and theft at the commencement of the rental period by taking out a limitation of liability and theft protection to a deductible. Against payment of a special fee, a reduction or complete exemption from the deductible can also be contractually agreed. The amount of the deductible is determined by the Lessor’s tariff list for each vehicle class in force at the time of conclusion of the contract and is expressly stated in the rental agreement. In the event of roof damage to vans and transporters of any size, the excess is CHF 5000 per event.
15.5 Exclusion or lapse of limitation of liability or insurance coverage Causing damage intentionally or by gross negligence (see Section 15.6 below) shall in any case lead to the lapse of a concluded limitation of liability and insurance coverage pursuant to Sections 15.2, 15.3 and 15.4 above, irrespective of the type of damage incurred, and thus to the unlimited liability of the Lessee vis-à-vis the Lessor and third parties for all damage in connection with the lease. Then, regardless of fault, a concluded limitation of liability or insurance cover shall NOT apply in the following cases either and the Lessee shall be liable to the Lessor and third parties without limitation for the full damage:
- in case of incorrect refueling, improper use of snow chains, ski and luggage carriers, careless loading of ski and luggage carriers, careless treatment of the interior of the vehicle (tears and stains in the upholstery or other interior furnishings, except if the “Interior” protection package has been concluded), cigarette holes and slashes in the interior, consequences of off-road driving, incorrect manipulation of 4×4 vehicles (mechanical damage to the clutch, transmission, suspension, etc., which are not covered under warranty by the contract garages), incorrect handling of convertible tops, failure to close the top in rain, wind, etc.;
- in case of insufficient maintenance/insufficient upkeep of the vehicle during the rental period;
- in case of roof damages and other damages resulting from the non-observance of the maximum height and width of the vehicle at passages, driveways, tunnels, bridges, etc;
- in case of transportation of prohibited or dangerous goods (hazardous materials);
- in case of transportation of passengers or goods against payment;
- in case of non-compliance with the obligations of the renter specified in the rental agreement and the general rental conditions (GTC) (in particular usage regulations according to item 10 above, duties of care and notification according to item 12 above) as well as the transfer of the vehicle to an unauthorized third party or a third party not in possession of a valid driver’s license;
- In the event of non-compliance with legal regulations regarding the duty to report when crossing borders as well as 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 gross negligence, which according to Clause 15.6, even if a limitation of liability or insurance policy has been taken out, as the full and unlimited liability of the Lessee vis-à-vis the Lessor or third parties, in particular, but not exclusively:
- every gross violation of traffic rules in the sense of art. 90 par. 2 SVG;
- any driving style in which the driver is aware of the general dangerousness of his driving style contrary to traffic regulations or has not even considered this in breach of duty;
- any driving style in which the driver acts in violation of essential precautionary rules 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 an injury that was foreseeable in the ordinary course of events;
- any driving while intoxicated, under the influence of narcotics or drugs that reduce driving ability;
- any driving in an overtired state, microsleep or falling asleep events;
- the following violations of traffic regulations, insofar as they have led to or contributed to an accident: excessive speed or speed not adapted to the conditions, failure to control the vehicle, insufficient distance when driving behind one another, failure to observe overtaking bans and stop roads as well as failure to observe traffic signals, failure to observe the permitted direction of travel, inattentiveness and distraction at the wheel, e.g. due to the operation of mobile telephones, 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 safe to operate (e.g. insufficient securing of a load, insufficient cleaning of the vehicle windows from snow, ice or dirt, etc.);
- Inadequate securing of the vehicle (e.g. missing handbrake when parking the vehicle on slopes, not locking the vehicle, leaving the key in the ignition);
- Leaving valuables in the vehicle.
16. Return of the vehicle
16.1 The Lessee undertakes to return the vehicle in accordance with the details set out in the rental agreement regarding the place, date and time of return. If the Lessee returns the vehicle prematurely, i.e. before the end of the agreed rental period, this shall not result in premature termination of the rental agreement. In case of early return or late pick-up of the vehicle, there shall be no reduction of the agreed rental price.
16.2 The Lessee is obliged to return the vehicle at the rental station agreed upon for the return to an employee responsible for the return. If the Lessee returns the vehicle to a station other than the one agreed upon, a service fee of CHF 50.00 (incl. VAT) will be charged for the expenses incurred, unless the Lessee has informed the Lessor of this in advance and the Lessor has agreed to it. If the Lessee exceptionally returns the vehicle outside the opening hours of the rental station or if he leaves the rental station before the vehicle is registered, he shall remain responsible for it until it is registered by the Lessor.
16.3 If the Lessee does not return the vehicle or the vehicle key to the Lessor – even through no fault of his own – at the end of the agreed rental period, the Lessor is entitled to demand compensation for the duration of the withholding as compensation for use at least in the amount of the previously agreed rental fee. In addition, the Lessee shall be obliged to pay a lump sum of CHF 20 as compensation for the associated processing costs, unless the Lessee proves that the Lessor has incurred less expense and/or damage. The assertion of further damages is not excluded.
16.4 The Lessee shall return the vehicle and the extras in a condition corresponding to the contractual use. In the event of damage, excessive wear and tear or soiling of the vehicle, the customer shall compensate for this. A concluded limitation of liability in accordance with Clause 15.5 does not exempt the customer from compensation for excessive wear and tear or soiling of the vehicle, unless this relates to the interior at the time of conclusion of the corresponding protection package and results from the normal operation of the vehicle.
16.5 If the vehicle is returned outside the opening hours of the rental station or if, for any other reason, no record is made of its condition during the return, the Lessor shall be entitled to unilaterally record any damage, excessive wear and tear or dirt afterwards and to report it to the Lessee within a period of 5 working days after registration. In the absence of such a report, the vehicle shall be deemed to have been returned in proper condition, with the express reservation of hidden defects.
16.6 After 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 procure it at the expense of the Lessee and to charge for any additional use of the rental agreement. This shall also apply to longer-term rentals in the event that the Lessee is more than 10 days in arrears with the agreed rentals or it is foreseeable that he will no longer be able to meet the obligations of the rental agreement.
16.7 The rental agreement shall end at the agreed time. In agreement with the Lessor, the contract can be extended if the Lessee requests it at least three days before the expiry of the agreed rental period. In the absence of any agreement to the contrary, the same conditions shall apply to the extended rental period as to the originally agreed rental period or the conditions adjusted to the rental period. The extension may only be made in writing to the relevant station of the Lessor and only by the Lessee himself.
16.8 Special rates are only valid for the period offered and require that the rental is for the full rental period agreed upon at the time of rental. In case of exceeding or falling short of the agreed rental period, the normal rate shall apply for the entire rental period instead of the special rate. The Lessor expressly reserves the right to claim damages in excess thereof.
16.9 In the case of long-term rentals (rentals with an agreed rental period of more than 29 days), the Lessee is obliged to return the vehicle when the mileage stated in the rental agreement is reached, but no later than on the last rental day stated in the rental agreement. In case the Lessee 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 Lessee is obliged to pay a contractual penalty in the amount of CHF 500.
17. Applicable law and place of jurisdiction
17.1 The rental agreement shall be governed exclusively by Swiss law, to the exclusion of private international law.
17.2 The place of jurisdiction for all disputes between the Hirer and Additional Driver on the one hand and the Lessor on the other hand in connection with the rental relationship is Zurich. However, the Lessor remains entitled to invoke any other competent court.
17.2 Gerichtsstand für alle Streitigkeiten zwischen Mieter und Zusatzfahrer einerseits und Vermieterin andererseits im Zusammenhang mit dem Mietverhältnis ist Zürich. Die Vermieterin bleibt jedoch berechtigt, jedes andere zuständige Gericht anzurufen.
18. invalidity or partial invalidity; language
Partial or complete nullity or invalidity of one or more provisions of the rental agreement, including these General Rental Terms (GTC), shall not affect the validity of the remaining provisions. Any provisions that are invalid or have become invalid shall, in the application of the contract, be replaced by provisions that come as close as possible to the purpose intended by the invalid provisions. In the event of contradictions, the German text of the contract shall be decisive.