§1 Minimum age: To rent one of our cars, you should have the following minimum age: Porsche 911: 21 years, 3 years driver’s license; Audi R8 V8: 23 years, 5 years driver’s license; Ferrari/Lamborghini/Audi R8 V10/ BMW i8 / Mercedes AMG GT: 25 years, 5 years driver’s license. The rental company can decide to increase the security deposit in individual cases.
§2 Insurance: Prices include partially cover insurance for the car. The deductible for the renter is € 5.000,- per rented car. For an additional charge, the deductible can be reduced and an all risk insurance could be taken. Parked vehicles have to be properly secured against theft.
§3 Leaving requirement: Leaving Germany for other countries is basically allowed, but has to be written down in the rental agreement in advance.
§4 Rental cancellation: In case of a cancellation of the rental by a renter, a cancellation fee will be charged, which - in accordance to the booked rental rate - can vary between 20% and 100%.
§5 Event cancellation: In case of a cancellation of a time-bound event by a renter, a cancellation fee will be charged as following: a minimum of 20%, within 7 days - 50%, within 24 hours - 100%. This also applies to vouchers from cooperation partners.
§6 Advance payment: In case there has not been any advanced payment by a coupon purchase or a partly advanced payment, the renter has to pay the full rental amount before the start of the rental. A scheduled reservation of a car is only valid in case the renter can provide a credit note to prove an advanced payment with a minimum of € 300,- (at rentals until 500 km’s included) or 20% of the rental amount (at rentals of more than 500 km’s included). At long-term rentals the total amount can be divided into monthly rates.
§7 Security deposit: When picking up a car, a security deposit applies; which can be paid in cash or reserved on a credit card, and will be released after returning the car without any defects. The amount of the security deposit will vary based on the rented vehicle. Furthermore, the renter has to present a valid identity card & driver’s license. In case of damages to the rented car, the renter is entitled to withhold the whole security deposit amount until the damages have been repaired, the total damages amount is known, and the responsibility of the damages has been sufficiently cleared. The security deposit also serves as safeguard for the rental company in cases of non-payment of the rental rates, and can be withhold/booked until the demands are settled. The rental company has the right to return security deposits payed in cash with a bank transfer after the car has been returned without any defects. The rental company makes every effort to return the security deposit right after it has been released; although, this process can take up until 7 working days due to technical reasons.
§8 Included kilometers and extensions: When booking, the renter can choose between different rates with different included-kilometers. Additionally driven kilometers on top of the booked included-kilometers will be charged at the end of the rental period when returning the car.
§9 Transferring/rental term:
1. The vehicle may only be driven by the renter or the driver mentioned in the rental agreement in case of business clients. Additional drivers have to be noted in the rental agreement against an additional charge, before the start of the rental. At the delivery of the car, it is required that all additional drivers including all required documents are present.
2. Extending the rental contract is only possible if approved by the rental company before the end of the rental term.
3. Business clients are required to proof if the entitled driver possesses a driver’s license which is valid to drive in Germany. The company is expected to use all possible ways to investigate this.
4. The renter has to represent the actions of the driver as its own.
§10 Usage: The use of the vehicle at motor sports events, trackdays, rallies, driving safety training, sub-renting, to commit crimes, and to carry-on flammable or dangerous substances is forbidden. In cases of excessive wear, the rental company has the right to charge the costs for repairs, partly or completely, to the renter.
§11 Traffic rules / liability of the renter: The renter has to respect the traffic rules during the whole rental term. Every violation has to be reported immediately to the rental company and has to be settled by the renter. The renter is liable without restrictions, according to the general liability terms, for all added accident damages according to the rental company. In remaining cases, the renter is liable without restrictions for all damages inflicted by the renter which occurred in cases of unauthorized use, by transporting cargo, or by improper handling (e.g. mis-shifting, overheating the engine, overloading the clutch, etc.) of the vehicle. In case the renter illegally left the place of an accident (§142 German Criminal Code), or failed to comply the obligations regarding these conditions, the renter will be fully liable, unless this violation had no effect on the determination of the damage claim. The renter will be imposed with a flat rate of € 25,- for expenses in case of a fine, and € 100,- in case of a summon or hearing by court. For the lost of rental income, the renter pays for every day which the damaged car is not available for the rental company a flat rate of two thirds of the agreed daily rental price. Multiple renters can share liability. Brake-, operational-, and burglary-damages are not considered accident damages, this applies in particular to damages which have been caused by moving loads. On roads which require toll, the renter is responsible for paying these toll costs. The renter exempts the rental company for all claims from authorities or third parties due to untimely or incomplete payments of toll.
§12 Settlements and time limitation: For compensation claims at the rental company due to changes or deterioration of the rental car, a time limitation of 6 months (§548 German Civil Code), starting from the return of the car, applies.
§13 Winter tires: In case a car is delivered with winter tires, the for safety reasons limited top speed of 210 or 240 km/h (Index V) has to be respected. The rental company is not obliged to deliver the car with winter tires. In case the weather conditions are not good enough to use the car with summer tires on public roads, the renter is obliged not to use the car in this period of time.
§14 Damages: In case of an accident or damages (even minor damages), the renter is always obliged to completely fill out the accident protocol which can be found in the car, and to report the damages to the rental company and the local police immediately. For damaged wheels, a flat rate of € 300,- applies. In case the damages caused by a renter require to replace the complete wheel, the renter will be liable up to the amount of replacing with a new wheel. In case of tire damages the rental company is not liable to reimburse the caused expenses. Glass- and frost-damages are on account of the renter. An accident insurance for occupants has to be taken separately by the renter if required. The rental company is not liable for personal injuries of the occupants, or damages due to technical- or material-defects during the rental period. In case a repair is needed during the rental term which is not caused by the renter and is necessary to assure operating the car or taking part in traffic safely, the renter is allowed to visit a repair workshop for repairs up until € 50,- without consulting the rental company on forehand. For larger repairs the renter has to consult the rental company on forehand and needs a written consent from the rental company.
§15 Handing over the car: The car will be delivered to the renter without damages, roadworthy, clean, and fully fueled. The renter has to return the car in the same condition. Excluded are traces of normal usage of the car. If the time of returning is exceeded by more than one hour, the renter will be liable for the additional charges for the additional rental time, based on the agreed on rental charges. Fueling might only be done exclusively with Super Plus (minimum 98 octane), receipts have to be kept until the end of the rental period, and have to be shown on request to the rental company at returning the car. The rental company has the right to charge € 100,- in cases of cars which have been returned in an excessively dirty state. At every delivery, the tire tread will be recorded. By signing the rental agreement the renter confirms the exact state of the car at the time of delivery. Later renegotiations are excluded. If the car is returned to another rental location, the renter is responsible for the repatriation costs in the amount of € 1,50 per km and an additional flat rate for expenditures of € 150,-, unless agreed different in writing before. In case of violations of the returning duties, several renters can be held responsible together.
§16 Fulfillment and termination of the contract: The rental company is entitled to terminate the rental agreement and claim the car in case the renter fails to comply to the rental terms, or when after completion of the contract the renter proves to be unreliable. The rental company can refuse a contract proposal without mentioning any reasons. Pre-orders of the renter, even oral- or telephone-agreements, are binding. The car has to be handed over at the agreed handing over time. However, the rental company does not need to have the car available after one hour after the agreed pick-up time. The complete rental price has to be payed before the start of the rental. In case the rental company has to cancel a reserved booking due to a technical defect at the car or an act of God, the rental company will not be liable to pay damages. The down payment will be refunded in these cases. In exceptional cases, the rental company can terminate rental agreements based on a good cause without notice. This especially applies when: significant deterioration in the financial circumstances of the renter, bounced bank transfers or checks, when the renter is subject to a forced foreclosure procedure, a lack of car for the vehicle, improper and unlawful use of the vehicle, disregard for the rules on cars for the use of freight transport, and unreasonableness of the continuation of the rental agreement for example in cases of high amounts of damage.
In case there are several contracts between the renter and the rental company and the rental company has due to circumstances the right to terminate one of the contracts without notice, the rental company is also allowed to terminate the other contracts without notice in case the other contracts are also not able to be maintained due to misconduct of the renter. This especially applies in case the renter: intentionally damages the car, intentionally does not report newly emerged damages to the car or tries to conceal these damages; intentionally inflicts harm to the rental company; delays rental payments for more than five days in the total amount of at least a one week rental; intentionally uses a rental car for criminal offenses.
§17 Consumables: At rentals of 5 days or longer, or which extend 500 km’s, the renter is responsible for providing and paying for the costs of consumable goods (especially engine oil, window washing fluid, as well as window anti freeze fluid) in case refilling these fluids is necessary during the rental period.
§18 Liability of the rental company:
1. The rental company is liable in cases of intentionally or gross negligence of the rental company, a representative, or a legal substitute of the company. In any other cases the rental company is only liable for the loss of life, injury, health, or the culpable violation of essential contractual obligations is limited on typical contractual foreseeable harm.
2. The rental company is not liable for belongings which have been left in the car after returning the car. This does not apply in cases of gross negligence of the rental company, a representative, or a legal substitute of the company.
3. The rental company has in unique cases the right to provide a different vehicle type than the booked vehicle type. This has to be a comparable vehicle type.
§19 Penalties: In cases a renter offends §3, §8(1.) or §9, a contractual penalty with a minimum of 50% of the security deposit applies. The rental company has the right to withhold this part of the payed security deposit or to book it from the deposited credit card. Additionally, the renter is committed to take over all costs due to e.g. police procedures, lawyer costs, etc.
§20 Vouchers: The voucher only applies to the described content and for the described vehicle. Redeeming the voucher is only possible according to the availability of the vehicle. The offer applies in the main season (April - October) from monday to thursday and with a surcharge also at weekend days, or in the off-season (November - March) during the whole week. The vehicle can be picked-up at one of our German locations, or can be delivered at a location of choice against an additional surcharge. When redeeming, the original voucher as well as a valid driver’s license of the driver has to be present. An exchange or - even partially - refund is not possible. A combination with other vouchers and/or discounts is impossible. When redeeming, a contract will be made which represents the rental company’s general terms and conditions. In case it has not been otherwise stated, the Economy Rate applies to the rental rate.
§21 Privacy statement: Motion Drive / Phillipp Müller is responsible for taking care of the data protection law. The personal data of renters / drivers will be collected, processed, or used for purposes of establishing, implementing, or ending the contract by Motion Drive or an authorized third person on location. Commercial use of this data will only occur in cases of own advertising (including recommending advertising). Transferring personal data to third parties only occurs in cases it is needed to establish the contract, e.g. to the credit card company for payment uses. Any other use requires the legal permission or consent.
Reference according to §28 paragraph 4 or the German Federal Data Protection Act (BDSG): The renter / driver can contradict at anytime any processing or use of his personal data for commercial use, market- or opinion-research. The objection must be sent to: Motion Drive, concerning objection, Freie Str. 36a, 39112 Magdeburg, or via an email to: email@example.com
§22 Severability clause: In case individual provisions of the contract are invalid or unenforceable or will be invalid or unenforceable after the conclusion of the contract, the validity of the remaining contractual provisions will not be affected. The invalid or unenforceable provisions have to be replaced by a valid or enforceable settlement, which reflect the commercial objectives the contractual parties have pursued with the original invalid or unenforceable provisions. The foregoing provisions shall only apply in the event that the contract proves to be incomplete.
Offers only apply at local availability. Every rental request will be reviewed and decided upon individually. Additionally agreements have to be in writing. The place of fulfillment and jurisdiction is Magdeburg.