TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
This Rental Agreement with nobleunique BADGE GmbH (hereinafter referred to as NOBLEUNIQUE) is governed by the terms and conditions specified below. The provisions of the rental rates from time to time, which have been supplied to the customer and attached to this Rental Agreement, also form an integral part of the Rental Agreement. On signing this Rental Agreement, the Customer confirms that he has been informed of these terms and conditions and consents to them.
1. Drivers
1.1. Only the persons whose names have been entered in the appropriate section of the Rental Agreement are entitled to drive the vehicle specified in the Rental Agreement.
1.2. If any other persons are to be entitled to drive the vehicle, NOBLEUNIQUE must be advised of their names and must give its written confirmation.
1.3. Drivers permitted to drive the rented vehicle must be at least 25 years old and must have held a valid driving licence for at least two years. The customer and any other drivers specified in the Rental Agreement are obliged to present their driving licences to NOBLEUNIQUE prior to signing the Rental Agreement.
1.4. Persons who do not satisfy the requirements stated above are permitted to drive the rented vehicle only with the written consent of NOBLEUNIQUE, which can also take the form of permission stated in the Rental Agreement.
1.5. NOBLEUNIQUE reserves the right to make permission to use the rented vehicle dependent upon further conditions, which shall be disclosed to the customer prior to conclusion of the Rental Agreement.
2. Handover of the Vehicle
2.1. NOBLEUNIQUE supplies the Customer with a vehicle which is in safe condition for use in traffic.
2.2. The Customer is obliged to check the condition of the vehicle carefully when the vehicle is handed over. Any visible damage shall immediately be recorded in writing by the parties on the Rental Agreement or on a separate document attached to the Rental Agreement.
2.3. It shall be assumed that any visible damage which is not recorded at the time of handover of the vehicle has occurred when the vehicle was in the possession of the Customer.
2.4. The Customer is entitled to demand that NOBLEUNIQUE supplies a list of the damage caused by previous customers and recorded in the previous Rental Agreements.
2.5. Any additional extras such as a child’s car seat, winter tyres and snow chains, ski box etc. shall be charged at the prices stated in the list of rental rates.
3. Use of the Vehicle Rental Duration
3.1. The Customer undertakes to treat the vehicle carefully and conscientiously.
3.2. The Customer undertakes to have the customary regular checks made. The Customer undertakes in particular to have the water, oil and brake fluid levels checked as well as the pressure levels of the tyres.
3.3. If the Customer uses the vehicle for a prolonged period of time, he is obliged to have an oil change carried out at his own expense after every 3000 kilometres driven. The oil change must be carried out by an official representative of the manufacturer of the vehicle concerned. The Customer is obliged to submit the relevant invoices to NOBLEUNIQUE on request.
3.4 The minimum rental period is 24 hours. If the Customer fails to return the vehicle at the agreed time, the Rental Agreement is renewed by one further day for each (part) 24 hours by which the time of return is exceeded. The Customer is obliged to pay the agreed rental charge payable per day for the vehicle concerned.
4. Ban on Use
4.1. The Customer is not permitted to use the rented vehicle
• to carry prohibited or dangerous goods;
• to organise, conduct or take part in private races;
• to carry persons in return for payment;
• to carry more persons than the maximum number permitted in the vehicle registration documents;
• if the vehicle load exceeds the total permissible weight;
• to give driving lessons, even if these are given free of charge;
• to tow or push other vehicles;
• in case of any defect in the milometer;
• in case of any breakdown, mechanical or technical defect;
• if the licence of the Customer or any other named driver has been withdrawn or revoked or if the licence is permanently or temporarily invalid for any other reason;
• on roads other than tarred or surfaced public roads inside the countries explicitly specified in the Rental Agreement. If the Customer also intends to use the vehicle in other countries, this shall require the written consent of NOBLEUNIQUE. Owing to differing regional risks, NOBLEUNIQUE reserves the right to withhold or revoke its consent to use of the vehicle in certain countries requested by the Customer.
4.2. The Customer is not permitted to use the rented vehicle for sports events of any kind whatsoever, in particular for races, rallies or any other kind of sporting or private competitions with other drivers or vehicles. The foregoing ban also applies to the participation in or organisation of driver training sessions or off-road driving.
4.3. The Customer is not permitted to use the vehicle on public or private racing or high-speed courses, even if these are fully or partly accessible to the general public either against payment or free of charge.
4.4. The vehicle may not be used if the driver is unable to drive safely, in particular because the driver is under the influence of medication, alcohol or drugs.
4.5. The Customer is not permitted to modify the vehicle, adapt its technical equipment, add or remove any accessories or affix inscriptions/stickers.
4.6 The Customer is not permitted in particular to lend the vehicle to any other persons on either a commercial or private basis.
5. Duties of the Customer in case of Breakdowns or Technical Defects
5.1. The Customer is obliged to notify NOBLEUNIQUE immediately – in writing if possible – of any breakdowns or technical defects, stating the current location of the vehicle. NOBLEUNIQUE shall give the Customer written confirmation of this notification. NOBLEUNIQUE shall not be deemed in default of remedy of the defect if the customer fails to notify NOBLEUNIQUE in writing as stated above.
5.2. Repairs are to be performed at the nearest authorised repair shop for the make of the rented vehicle. The Customer is obliged to obtain the written consent of NOBLEUNIQUE before placing a repair order.
5 3. Provided that the breakdown or technical defect is not due to improper or careless treatment of the rented vehicle, NOBLEUNIQUE shall reimburse the Customer for the sum paid to the authorised repair shop on submission of the relevant invoice. NOBLEUNIQUE is further entitled to demand that the Customer submits the exchanged parts to NOBLEUNIQUE.
5.4. If the breakdown or technical defect is due to improper or careless treatment of the rented vehicle by the Customer, the Customer shall be liable to NOBLEUNIQUE for all damages and costs resulting from such treatment.
5.5. If the vehicle is not returned to NOBLEUNIQUE until after expiry of the rental term specified in the Rental Agreement owing to the repair, the Customer shall be obliged to pay the pro rata daily rental charges based on the list of rental rates until the vehicle is actually returned. The foregoing provision shall not apply if the breakdown or defect is not due to improper or careless treatment of the rented vehicle on the part of the Customer.
5.6. The Customer is not entitled to demand any reduction in the rental charges, compensation or reimbursement of expenses owing to a breakdown or technical defect or any other fault in the rented vehicle. In particular, NOBLEUNIQUE is not obliged to provide the Customer with a replacement vehicle for the time during which the rented vehicle cannot be used owing to the breakdown or technical defect.
5.7. The Customer shall notify NOBLEUNIQUE immediately if he or any other driver specified in the Rental Agreement loses his driving licence or if the licences are withdrawn, revoked or become permanently or temporarily invalid.
5.8 The Customer undertakes not to leave the rented vehicle without checking that the doors are locked, the windows closed, the roof closed, the steering wheel lock activated and the key removed. The Customer releases NOBLEUNIQUE from all liability for any damage to items carried in the vehicle.
6. Insurance
6.1. The Customer and all other persons authorised to drive the vehicle are covered by NOBLEUNIQUE´s unlimited third-party liability insurance.
6 2. If the insurance company refuses to pay benefits in full or in part in application of the insurance policy, the Customer remains fully liable for compensation and is obliged to release NOBLEUNIQUE from any claims filed by third parties and to reimburse NOBLEUNIQUE for any damage already sustained. This shall apply in particular if the insurance company refuses to pay owing to the conduct of the Customer or any other authorised drivers.
7. Obligations of the Customer in case of accidents, loss or damage to the vehicle
7.1. In case of accidents or any other incidents of damage whatsoever, in particular in the case of theft, attempted theft, vandalism or Acts of God, the Customer is obliged to take suitable steps immediately to protect the interests of NOBLEUNIQUE. The Customer is obliged in particular: • to notify NOBLEUNIQUE immediately and to confirm the notification in writing; • to draw up a report of the accident; • to have a police report drawn up.
7.2. In case of accidents, the Customer undertakes to pay the cost of return transport of the vehicle to the point of return specified in the Rental Agreement.
7.3. NOBLEUNIQUE shall not accept any liability whatsoever for delays, losses or damage sustained as a result of an accident with the vehicle.
7.4. The Customer undertakes to refund the entire damage caused by loss or damage to the vehicle.
7.5. The Customer remains obliged to pay compensation as above irrespective of the party responsible for the damage.
8. Sums to be paid by the Customer
8.1. On signing the Rental Agreement, the Customer expressly agrees to pay the rental charges payable according to the Rental Agreement on the basis of the list of rental rates and the rental duration, as well as all fees, claims for compensation and reimbursement in connection with the Rental Agreement or the applicable list of rental rates as well as any expenses in that connection.
8.2. The kilometre-based charges payable shall be calculated solely on the basis of the original milometer in the rented vehicle.
8.3. All lubricants, hydraulic fluids, antifreeze and fuel expenses throughout the rental duration shall be borne by the Customer. If there is less fuel in the tank when the vehicle is returned than when handed over to the Customer, NOBLEUNIQUE shall calculate the difference, which must be paid by the Customer.
8.4. If the rented vehicle has a breakdown, defect, accident or in the case of any other damage to the rented vehicle or if the rented vehicle is stolen, the Customer remains obliged to pay the rental charge up to the date originally specified for return of the vehicle. The foregoing provision shall not affect the Customer’s obligation to reimburse NOBLEUNIQUE for further damages and/or expenses.
8.5. If the Customer is jointly responsible for or involved in a breakdown, defect, accident or any other damage to the rented vehicle and the repair arranged for the rented vehicle takes longer than the original contractually agreed rental duration, the Customer is also obliged to pay the additional rental for each day of delay in returning the vehicle pursuant to the list of rental rates.
9. Reservations and Cancellations
9.1. If the Customer wishes to reserve a vehicle in advance for a certain period, the Customer shall notify NOBLEUNIQUE in writing, submitting details of his identity card, driving licence, credit card numbers and a signed copy of these General Terms and Conditions.
9.2. The reservation becomes binding for the Customer when NOBLEUNIQUE has received the above documents and confirmed the reservation in writing.
9.3. The Customer gives his consent that NOBLEUNIQUE is entitled, on the basis of such a reservation, to demand a guarantee from the Customer’s credit card companies amounting to the rental charge based on the list of rental rates inclusive of the insurance excess and the anticipated transfer charges for the reserved rental period, or amounting to a minimum of the cancellation fee.
9.4. If the Customer wishes to cancel the reservation, he is obliged to pay NOBLEUNIQUE a cancellation fee, the level of which depends on the rented vehicle and the time at which the Customer notifies NOBLEUNIQUE of the cancellation. The list of rental rates specifies the vehicles and the individual categories for which a cancellation fee is payable. If the reservation is not cancelled until between 72 and 24 hours before the originally planned beginning of rental, the Customer is obliged to pay a cancellation fee amounting to 50% of the rental payable for the originally agreed rental duration, which shall be assumed as a minimum rental duration of 3 days.
9.5. If the reservation is only cancelled within the last 24 hours before the originally planned beginning of rental, the Customer is obliged to pay the full rental payable for the originally agreed rental duration, which shall be assumed as a minimum rental duration of 3 days.
9.6. The above cancellation fee for the originally reserved days shall not be payable for any days for which NOBLEUNIQUE succeeds in renting the vehicle originally reserved by the Customer to another customer.
10. Customer’s Guarantee
10.1. The Customer guarantees and herewith personally assures NOBLEUNIQUE that he will pay the agreed rental as well as any other claims of NOBLEUNIQUE resulting from this Rental Agreement. The Customer further guarantees to reimburse NOBLEUNIQUE fully for any and all damage to the vehicle or loss of the vehicle occurring during the rental period up to the level of the current market value of the vehicle as specified in the Rental Agreement. Any benefits paid by an insurance shall be offset against such damage to the vehicle.
10.2. As security for all claims of NOBLEUNIQUE resulting from this Rental Agreement, in particular NOBLEUNIQUE’s entitlement to the contractually agreed rental payment, the cancellation fee, the costs of insurance inclusive of the excess, as well as all claims for compensation and reimbursement of costs, the Customer shall provide two signed blank debit slips from two credit card companies approved by NOBLEUNIQUE. The Customer expressly authorises NOBLEUNIQUE to collect the sums owed on expiry of the Rental Agreement from these credit cards.
10.3. The debit slips and the above guarantee shall also serve as security for any further claims of NOBLEUNIQUE resulting from any amendment to the Rental Agreement, in particular any extension of the rental duration or any change of the rented vehicle.
10.4. If the Customer uses the rented vehicle neither in Germany nor the other countries expressly specified in the Rental Agreement and damage is caused to the rented vehicle or the vehicle is stolen in such a country, the Customer shall be liable in full for that damage. The debit slips from the Customer’s credit card company shall also serve as security for such claims to compensation. If the vehicle is stolen, the Customer shall reimburse NOBLEUNIQUE for the current market value stated in the Rental Agreement.
11. Return of the Vehicle
11.1. The Customer undertakes to return the rented vehicle in perfect condition, together with all accessories and documents supplied by NOBLEUNIQUE, to the place specified in the Rental Agreement and on the agreed date to NOBLEUNIQUE or to an authorised representative specified in writing by NOBLEUNIQUE. The time at which the vehicle is to be returned shall be based on the time at which the Customer took delivery of the vehicle. Rental will be charged for one additional day if the vehicle is returned more than three hours later than that time.
11.2. If the Customer submits a written request to return the vehicle to a different place, he shall be entitled to do so only if NOBLEUNIQUE gives its written consent and specifies an authorised representative to take delivery of all car keys supplied to the Customer.
11.3. Any application for an extension of this Rental Agreement must be submitted to NOBLEUNIQUE in writing at least 24 hours before the agreed time of expiry.
11.4. NOBLEUNIQUE is entitled to demand return of the vehicle and to terminate the Rental Agreement at any time if the Customer infringes his obligations pursuant to this Rental Agreement.
11.5. If the Customer surrenders the vehicle at a place which has not previously been approved in writing by NOBLEUNIQUE, the Customer shall be obliged to pay compensation amounting to EUR 2.50 for each kilometre between the place where the vehicle was parked and the contractually agreed place to which the vehicle was to be returned.
11.6. If the rented vehicle is not returned at the agreed time, the rental duration shall be deemed extended by one (part) calendar day in each case.
11.7. The Customer is not entitled to exercise any lien on the rented vehicle.
11.8. NOBLEUNIQUE shall inspect the vehicle for visible damage as soon as it is returned. Any damage will be recorded on the Rental Agreement or a separate document and attached to the Rental Agreement. Should any further damage become visible at a later date (e.g. after the vehicle has been washed), NOBLEUNIQUE shall notify the Customer in writing. Any compensation claims resulting from such damage are covered by the Customer’s guarantee pursuant to Article 10 of these Terms and Conditions.
12. Traffic Offences
12.1. The Customer is obliged to abide by the road traffic laws and the statutory regulations of the countries in which he drives the rented vehicle. The Customer is responsible for all fines and tickets sustained during the rental period.
12.2. If the vehicle has already been returned, NOBLEUNIQUE is subsequently entitled to reclaim any fines paid by means of the credit card guarantee.
13. Amendments to the Rental Agreement
13 1. Any agreements made outside the scope of this Rental Agreement must be recorded in writing. The foregoing provision also applies to any agreements relating to this written form requirement.
13.2. In addition to his home address, the Customer shall also state an address including a fax number on the Rental Agreement to which all statements made to the Customer by NOBLEUNIQUE can be addressed during the term of the Rental Agreement.
14. Offsetting The Customer is entitled to offset his own claims against claims of NOBLEUNIQUE only if the Customer’s claims are undisputed or have been established as final and absolute.
15. Non-Exercise of a Right Failure to exercise any right pursuant to these Terms and Conditions by either of the parties does not constitute waiver of any claims deriving from these rights.
16. Applicable Law and Legal Venue
16.1. This Rental Agreement shall governed by the law of the Federal Republic of Germany.
16.2. The contract language is German.
16.3. Any disputes arising from this Rental Agreement shall be resolved solely before Landgericht München 1 (Munich regional court 1).
16.4. Place of performance for all performance to be rendered by NOBLEUNIQUE and/or the Customer is Munich
01. May 2021