General Terms and Conditions for the Rental Vehicle Offer of Vroom Rental GmbH

(Status 3.2022)

 

 

 1scope of application and amendment of the general terms and conditions of business

 

1.1  Scope

 

1.1.1  These General Terms and Conditions (GTC) apply to all business relationships for the rental of vehicles (hereinafter “Rental Vehicle”) for exclusive use by the CUSTOMER between the respective contracting user of the Rental Vehicle (hereinafter “Customer”) and vroom rental GmbH, Grüneburgweg 119, 60323 Frankfurt am Main (hereinafter “Vroom”). 

1.1.2  Deviating terms and conditions of a customer shall not be valid.


1.2  Amendment of the GTC

 

1.2.1  The GTC are based on the currently applicable legal framework conditions (e.g. BGB, supreme court decisions). Vroom is entitled to change the GTC, if regulations become ineffective after conclusion of the contract due to a change in the legal or other framework conditions or their ineffectiveness is determined, this leads to a gap in the contract or the balance of the contractual structure is disturbed. This does not apply to the change of prices as well as the mutual performance obligations. 

 

1.2.2  Vroom will notify the customer of changes to the GTC in text form at least six weeks before the planned entry into force. The adjustment becomes effective if the customer agrees. The customer’s consent is deemed to have been given if the customer does not object by the time of their planned entry into force. The customer will be informed separately about the rights and consequences in the notification. In the event of objection, Vroom is entitled to termination.

1.2.3  Deviating terms and conditions of a CUSTOMER shall not be valid.

1.3  Change of prices

 

Vroom is entitled to change the prices. In doing so, Vroom will inform the customer in good time of the reason, amount and scope of the price increase. The customer is entitled to extraordinary termination until the price change takes effect. He is expressly pointed out to this in the change notification. In the event of such termination, the price adjustment shall not take effect for the customer until the termination of the contract. Current information on the applicable prices is available in our booking portal at www.booking.vroomrental.com.

 2.  use of third parties, legal succession 

Vroom may use third parties to fulfill its obligations. If another company takes the place of Vroom in the rights and obligations arising from the contractual relationship with the customer, the customer will be informed of this immediately. In this case, the customer is entitled to terminate the contract at the time the entry of the third party becomes effective. Termination shall be excluded if an affiliated company pursuant to §§ 15 et seq. AktG (German Stock Corporation Act) assumes the rights and obligations under this contract in full.

3.  scope of offer, right of use and price calculation

3.1  Conclusion of contract

 

Vroom rents an electric vehicle of a chosen category (e.g. a scooter, a chopper, an e-bike, a pedelek, an electric scooter, or the like) “Rental Vehicle” to the Customer for use for the desired period of time. The rental period is at least half a day.

By completing the order process via our booking partners or in one of the Vroom stores, the customer submits a binding offer to conclude a rental agreement. If the customer then receives a confirmation of his order, this confirmation simultaneously constitutes our acceptance.

 3.2  Vehicle selection 

The customer can choose between the different categories with different accessories, but he has no right to a specific rental vehicle within the chosen vehicle category.

 

3.3  Handover/delivery, instruction and cancellation

 3.3.1  After REFFERAL by our booking partners, an appointment is made for the handover and instruction of the selected rental vehicle. In the case of an on-site contract, the vehicle handover and instruction usually takes place at the same time as the conclusion of the contract.

Within the scope of the handover, the customer must, if necessary, legitimize himself by means of a suitable identification document. Furthermore, if necessary, the customer must be in possession of a driver’s license required for the vehicle and be able to present it. Vroom will for documentation purposes during the rental period a copy of the

Keep the driver’s license and delete it directly with the return of the rented vehicle. Vroom reserves the right to make and keep the copy digitally.

The rental period begins with the handover. If the customer does not attend the agreed date and does not cancel his order in time (3.3.5), the rental period shall start at the latest at the agreed delivery date (subject to availability of the vehicle).

3.3.2 The rental vehicle and its accessories (e.g. battery, charger, chain lock, keys, helmet, instruction manual) remain the property of Vroom.

3.3.3 A handover protocol is to be made about the handover, in which all traces of use, damages and malfunctions must be recorded and documented. Should the rental vehicle show damage upon delivery, Vroom is to be informed of this immediately, at the latest within 2 hours
of delivery, enclosing photos. If the notification of damage does not take place in time, it is assumed at the return of the rental object that the rental vehicle did not show any damage at the time of delivery by Vroom. In the case of an on-site handover, damage must be recorded directly on the rental agreement and/or the handover protocol. A later complaint is no longer possible in the case of on-site handover,

3.3.4 This presumption rule does not apply if the customer proves that the damage was already present when the rental vehicle was taken over. All accessories specified on the delivery bill must be returned to Vroom by the customer at the end of the rental.

3.3.5 A cancellation free of charge can be made by the booking partner, also on behalf of the customer, or directly at the responsible Vroom store up to a maximum of 4 hours before the start of the rental. In case of a later cancellation, the total price of the order is to be considered as cancellation costs and to be paid.

  

3.4  Securing the rental vehicle

 The customer is obliged to turn off the rental vehicle while it is parked and to lock it with the locks and security mechanisms provided to him/her, thus securing it against any kind of loss.

It must be ensured that all parts that are not permanently installed, such as the charger, helmet, battery and on-board computer, must be taken along. These may not remain on the rental vehicle during parking (except for parts that are separately secured with locks, such as most batteries, etc.).

 

 

3.5  Authorization of use

The prerequisite for the conclusion of the rental agreement for a rental vehicle is the completion of the 18th year of age and the conclusion of the contract in a Vroom retail store or with a Vroom delivery driver.

 

3.5.1  Legitimation

The customer must identify himself with a valid, official photo ID upon handover. This document will be stored within the scope of point 7.2. of these terms and conditions in the form of photo, video or text recordings.

 

 

3.6  Authorized user 

 

3.6.1  The rental vehicle including accessories is available to the customer and the persons living in his household. If the rental vehicle is intended for commercial use, the rental vehicle may be made available to employees (hereinafter “Authorized Users”). These “authorized users” are to be named in the handover protocol or by e-mail and their driving license is to be proven to Vroom. Vroom may also store the driver’s license of these authorized users until the expiration of the authorization is notified by the customer.

Furthermore, the rental vehicle as well as the accessories may not be handed over to third parties or granted use in any other form. The sale, pledging, subletting, lending and any other encumbrance of the rental vehicle and accessories with the rights of third parties is prohibited.

 

3.6.2  The customer shall permit the use of the rental vehicle by authorized users on his own responsibility. In this case, the CUSTOMER shall ensure that the authorized user familiarizes himself/herself with the operation of the rental vehicle, observes the provisions of these GTC and himself/herself fulfills the requirements for use. If a valid driving license is required for driving the RENTED VEHICLE S, the CUSTOMER must have the required driving license presented to the AUTHORIZED USER before the vehicle is provided to him. The CUSTOMER shall represent the actions of third parties as if they were his own actions.

 

 

3.7  Valid driver’s license

 

The Customer requires the valid driving license required for the respective vehicle. European driving licenses from the European Union (EU) and/or the European Economic Area (EEA) are accepted as a “valid driving license”. Non-EU/ EEA driving licenses will only be accepted in conjunction with an international driving license or a certified translation of the national driving license into German or English and proof of entry into the EU/ EEA. Vroom is authorized to store a copy of the driver’s license.

The customer must carry the valid driver’s license with him/her during the trip and comply with all conditions and requirements contained therein, if any.

  

3.7.1  The customer shall carry the required operating permit, if any, with him while driving and comply with all conditions and requirements contained therein, if any.


4.  regulations of use and return

 

The use of the rental vehicle is at your own risk and is the sole responsibility of the customer or authorized user.

 

4.1  Roadworthiness and maintenance

4.1.1  Vroom hands over the rental vehicle in maintained, roadworthy condition. During the term of the rental, the customer shall perform the following tasks: charging the battery, checking the tire pressure, complying with the maintenance intervals, following illuminated warning lights or displays on the on-board computer.

 

4.1.2  Regardless of the initial inspection by Vroom, the customer or the authorized user is obliged to check the most important components, such as brake system, handlebars, frame, saddle, as well as the tire pressure for road safety and functionality before each ride.

A light test must also be carried out at the onset of twilight or when driving at night. If a technical defect that could impair road safety is evident at the start of use or becomes evident during use, further use of the rental vehicle must be discontinued immediately. In accordance with clause 4.4, a notification must be made to Vroom.

 

 

4.2  Care and protection

 

4.2.1

During the rental period, the customer must ensure that the rental vehicle is treated with care and consideration, in particular the provisions of the manufacturer’s operating instructions and compliance with the prescribed maximum speed and speed and the total weight are to be observed. The rental vehicle is to be cleaned regularly. In the event that a warning light in the dashboard display lights up, the customer must stop immediately and check whether the journey can be continued.

4.2.2 The customer must protect the rental vehicle from damage, modification and destruction. Tampering with the rental vehicle is not permitted; in particular, the rental vehicle may not be modified, altered or converted. The rental vehicle must also be secured against theft, loss and unauthorized use by third parties. The rental vehicle shall be secured to a fixed object whenever possible whenever it is parked or parked. Care must be taken to ensure that the battery is not deep discharged. 

4.3  Usage regulations

4.3.1  The customer is obligated to observe the legal regulations for participation in road traffic everywhere and at all times, in particular the rules of the Road Traffic Regulations (StVO) as well as the Road Traffic Act (StVG).

4.3.3 With offence against the regulations of the number 4.3 Vroom can raise a fee, whose height vroom determines in the individual case. In addition, Vroom will charge the customer for any official fees that may be incurred.

  

4.4  Duty to notify

 

4.4.1  If a technical defect is present at the beginning of use that could impair road safety, or if it becomes apparent during use, the customer must notify this immediately and stop using the vehicle immediately.

Even minor defects – such as tire, rim or spoke damage, damage to the steering, mirror, light are subject to the obligation to notify.

 

4.4.2  In the event of accidents involving property belonging to others or persons other than the customer, the customer is obliged to immediately notify both the police and Vroom, outside business hours immediately at the start of Vroom’s next opening hours. Otherwise, the customer is liable for the damage arising to Vroom from the violation of this obligation. The same applies if a Mietfahrzeuf is stolen or willfully damaged (vandalism) during the rental or in case of loss of accessories.

 

4.5  Maintenance, exchange, repairs and replacement

4.5.1 Vroom assumes the costs of repairs and maintenance. If these become necessary during the rental period, the customer must inform Vroom of the repair/maintenance request so that Vroom can record which measures are necessary and plan and commission the further procedure. A repair/maintenance by the customer itself or by a third party commissioned by it may only take place if Vroom has expressly agreed to this or Vroom is in default with the repair.

4.5.2 In the event of necessary repairs/repairs during the rental period, the customer shall not be entitled to a replacement rental vehicle, unless the necessity of the repair or repair measure was caused intentionally or by gross negligence.

was caused by Vroom. Any claims for reduction and damages are excluded.

4.5.3 In the event of an exchange, the customer will receive a vehicle of equal value; Vroom will select the vehicle in question.

4.5.4 If a repair or replacement is not possible within four hours, the rental payment shall be forfeited for the period from receipt of the notice of defect until the time when the customer has a rental vehicle ready for use again. If the customer is responsible for the damage to the rental vehicle or the loss, he has no claim to repair or replacement.

4.6  Return 

4.6.1  The customer shall return the rental vehicle to the agreed location at the agreed time at the latest at the end of the agreed rental period. Continuing the use does not extend the rental relationship. Section 545 BGB shall not apply.

4.6.2  The Customer shall return the rented vehicle with all accessories handed over to it, such as batteries, locks and keys. A handover report shall be prepared on the return.

4.6.3  If the rental vehicle is not returned on time, the customer must pay the regular price for each day or part thereof and, if applicable, compensate for any damage in excess thereof. The current prices can be found onbooking.vroomrental.com.

 

 5.  contract term and termination

 The minimum contract period and all other important contract details are listed in the contract confirmation. The minimum contract period is one half day. The rental period starts with the handover.

 

6.  billing and payment

 

6.1             Invoicing takes place on the exact day with our rental partners. When renting in one of our Vroom stores, the billing is done directly with Vroom.

6.2             Invoices are due on the date specified by Vroom. If a rental begins or ends within a month, the rent for such month may be charged and also debited on a pro rata basis.

 

7.  customer data, data protection and declaration of consent under data protection law

 

7.1   The customer is obliged to inform Vroom immediately of any changes in his contact details during the rental period.

 

7.2  Vroom will collect the data necessary for the implementation of this contract, transmit or make accessible data confidentially in compliance with the statutory and data protection provisions. For detailed information on the subject of data protection, please refer to our privacy policy at vroomrental.com.

 

8.  liability and insurance coverage

 

8.1  Liability towards third parties

The use of the rental vehicle is at the customer’s own risk. The customer is liable for any damage incurred by Vroom from his violation of regulations from these GTC.

Damage to Vroom rental equipment will be borne and settled by Vroom itself or by its insurance partners.

Liability damages have to be insured by the customer on his own responsibility. Recourse claims of the liability insurer of Vroom against the customer remain unaffected by this.

8.2 Liability towards Vroom

If the customer negligently causes damage to the rental vehicle or if the rental vehicle is stolen due to the customer’s negligence, Vroom is liable for the resulting damage to the rental vehicle or for the replacement costs. This exemption from liability does not apply if the customer is responsible for the damage or the theft intentionally or through gross negligence. Decisive for the liability is then the actual damage incurred. This may then include the Vroom lost profits and / or administrative expenses.

8.2.1 Liability towards booking partners

Booking partners of Vroom (e.g. shipping companies, hotels, tour operators) act as intermediary partners and are basically exempt from any liability for vehicles and incidents in connection with them towards the customer. This

Indemnification does not apply to incidents in the obligation (e.g. payment processing with the end customer) of the booking partner

 

 8.3  Liability towards authorized users

The Customer shall be liable to the same extent for any damage caused by its authorized users.

 

8.4  Notification of existing damage reports

Vroom will inform the customer immediately of an existing damage report by third parties. Vroom will give the customer the opportunity to comment on this matter.

 

8.5  Vroom liability

Except in cases of injury to life, body or health and breach of cardinal obligations, the liability of Vroom is limited to cases of intent and gross negligence of the legal representatives and agents of Vroom and only to the foreseeable and contract-typical damage. In particular, Vroom is not liable for damage caused by the customer to and with the rental vehicle used by him or to objects transported with it, nor for damage caused to the customer by any form of unavailability of the rental vehicle. A liability of Vroom towards the CUSTOMER is not applicable in case of unauthorized or unauthorized use of the rental vehicle.

 

8.6  Indemnification

The customer indemnifies Vroom against all claims arising from the violation of legal or other regulations by the customer in connection with the use of the rental vehicle (e.g. traffic violations, fines).

  

9.  out-of-court dispute resolution

 

9.1             The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/. We are obliged to participate in the dispute resolution procedure. Our e-mail address can be found in our imprint.

A list with the contact details of the recognized dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

9.2             Vroom is not obliged and also not willing to participate in dispute resolution proceedings before a consumer arbitration board (§36 Consumer Dispute Settlement Act (VSBG)).


10.  final provisions

10.1          These contractual terms and conditions and the entire legal relationship shall be governed by the laws of the Federal Republic of Germany.

 

10.2          Should individual provisions of the contract or these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

10.3          The same shall apply in the event of a loophole. The invalid or unenforceable provision shall be replaced by a legally permissible provision which comes as close as possible to the meaning and purpose of the invalid provision.

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