General terms and conditions of HIGHER Mobility GmbH

  1. Contractual relationship, contractual parties, transfer to third parties

  1. The rental agreement based on these General Terms and Conditions (hereinafter “Terms and Conditions”) between Higher Cars GmbH (hereinafter “Landlord”) and the tenant is concluded in writing or through a binding telephone order, which is received from the landlord in writing or in text form (e.g. email ) must be confirmed. A handover protocol, which may be prepared separately when the vehicle is handed over, also becomes part of the contract
  2. Tenants are those people who are expressly referred to as tenants in the rental agreement. Several tenants are jointly and severally liable for the claims arising from the rental agreement.
  3. It can be agreed that the renter is entitled to let a named third person use the rental car as an authorized driver. In this case, the renter declares that all declarations made by him, in particular with regard to the assumption of his obligations from the rental agreement, are also made on behalf of the authorized driver or drivers, so that all declarations are also for and against the authorized driver or drivers Drivers act. If the renter is entitled to leave the car to an authorized driver, he must ensure that he selects the authorized driver carefully. In particular, the renter must ensure that the authorized driver has a valid driving license required for the respective rental car and that he or she complies with the requirements given to the renter. The lessor is entitled to charge a fee for the additional driver(s).
  4. The renter is not permitted to hand over the rental car to third parties in any other way – whether for a fee or free of charge – and will result in the loss of insurance cover.

  1. reservation

  1. The rental vehicles offered by the landlord can be reserved in advance. However, this reservation is only binding for the landlord if it is confirmed in writing or a binding rental agreement is concluded. In addition, the tenant must pay an appropriate deposit – at least 100.00 euros.
  2. A reservation once made by the tenant can only be canceled no later than 24 hours before the start of the rental period.
  3. If the tenant does not pick up the reserved rental car within 3 hours of the agreed start of the rental period, he is obliged to compensate the landlord for the damage caused by the loss. At the landlord’s discretion, this can be calculated either specifically or as a flat rate in such a way that the tenant has to pay 60% of the basic daily rental price for the entire period specified in the reservation. A flat rate calculation of damages is excluded if the tenant proves that the damage was actually less or that no damage occurred at all.

  1. Rental price, rental period, consequences of late return

  1. The tenant is obliged to pay the landlord the agreed rental price. The amount of the rental price and the insurance coverage is determined from the currently valid price list, which is part of the rental agreement. The rental price must be paid in advance
  2. In addition, the landlord can request an appropriate security deposit (deposit) before handing over the vehicle, which must also be paid in advance. The amount of the deposit to be paid is specified in the rental agreement and depends on the price list, which is part of the rental agreement. The rental deposit will be repaid after an appropriate period of consideration and review. The repayment of the deposit does not affect the assertion of any claims against the tenant that later become known.
  3. By concluding the contract, the tenant declares that he is willing and able to pay the rent.
  4. The tenant’s offsetting and assertion of a right of retention against the rent claim is excluded unless the counterclaim is undisputed or legally established.
  5. The rental period that is relevant for calculating the rent begins with the contractually agreed start of the rental agreement and ends with the agreed end, even if the vehicle is returned early, unless the contractual relationship is terminated early by termination. The daily rental period is 24 hours. Additional hours are charged at 1/5 of the daily price.
  6. Both contracting parties have the right to terminate the contract without observing the statutory notice period if there is an important reason that makes the continuation of the contractual relationship unreasonable. An important reason exists for the lessor in particular if the renter or the authorized driver uses the vehicle in violation of the contract, the renter shows serious unreliability, provides incorrect information when concluding the contract or conceals facts.
  7. The vehicle must be returned to the lessor – i.e. at the station where the vehicle was rented – at the time specified in the rental agreement, subject to any special regulations in the rental agreement. In this case, the return must take place within the landlord’s business hours. When returning the vehicle, the tenant must return all vehicle keys and vehicle documents handed over to the landlord without being asked.

The contracting parties can agree that the vehicle will be made available to the renter at a location other than the rental company’s station. In this case, the costs incurred for transporting the vehicle may be borne by the renter.         

The renter is only permitted to return the vehicle to a location other than the rental company’s station with the rental company’s prior consent. The costs incurred for the collection of the vehicle by the landlord, including repatriation costs for transport from abroad, must be borne by the tenant. This also applies in the event that the landlord does not agree to return the items to another location.

  1. If the tenant intends to extend the rental period, he must inform the landlord of this in writing or by telephone at least 24 hours before the agreed expiry of the rental period. An extension of the rental period is only considered agreed upon approval by the landlord. In this case, the tenant must make another appropriate advance payment. If an extension is refused, the rental car must be returned at the contractually agreed time. A tacit extension of the rental agreement is excluded.
  2. If the vehicle is not returned on time or if the tenant leaves the vehicle at another location contrary to the agreement, the tenant loses all rights under the rental agreement, in particular the insurance cover promised by the landlord and the tenant’s liability reduction will no longer apply. In addition, for the duration of the unauthorized exceeding of the rental period, the tenant must pay the landlord a usage compensation, the amount of which corresponds to the rental price for this period in the price list. Furthermore, the renter must pay compensation if the rental company becomes liable to recourse against third parties due to a late or contrary return or if the rental company loses sales due to the unavailability of the vehicle.

  1. Obligations of the tenant, restrictions on use, fuel regulations

  1. The renter is obliged to handle the vehicle with care. In particular, he must observe the technical regulations and the operating instructions, the oil level, the coolant level, the tire pressure, the data listed in the vehicle registration document (e.g. permissible number of people, load capacity) and the fuel to be filled.
  2. The renter must take appropriate precautions against theft and break-in when leaving the vehicle. In particular, windows and doors must be properly closed.
  3. The renter is prohibited from driving the vehicle under the influence of alcohol and/or drugs. Smoking in the interior of the rental vehicle is also not permitted.
  4. The rental vehicle may only be used by the renter on public streets.
  5. The renter is prohibited from using the vehicle or letting third parties use it
  6. In the event of an unauthorized trip abroad, a contractual penalty of 150.00 euros will be agreed
  1. for sporting purposes and competitions of all kinds
  2. for test drives, driving tests etc.
  3. for towing or pulling other vehicles
  4. for the transport of highly flammable, toxic or otherwise dangerous objects and substances
  5. to commit customs and other criminal offenses, even if these are only punishable under the law of the place where the crime occurred
  6. Subletting and for commercial transport of people and goods
  7. for trips outside the federal territory that have not been expressly approved in advance by the lessor
  8. for other uses that go beyond the contractual use
  1. The renter receives the vehicle with a full tank. Subject to any special agreements, he is obliged to hand over the vehicle with a full tank when it is returned. Otherwise, the renter is obliged to pay the fuel costs incurred for refueling plus a service fee according to the price list. Fuel costs during the term of the contract are to be paid by the tenant.

  1. Liability, responsibility and liability for costs of the tenant

  1. The renter is basically liable for all damage caused to the rented vehicle and its equipment/accessories during the rental period due to culpable violation of contractual obligations, unless he proves that he was not at fault. In the event of damage to the rental vehicle, he is liable in accordance with the legal provisions, i.e. in particular for
  1. the necessary repair costs, but in the event of a total loss only for the vehicle damage determined by an expert opinion or the replacement value
  2. Salvage and repatriation costs
  3. Expert costs
  4. Impairment
  5. the loss incurred by the landlord for the duration of the repair; in the event that the repair is not carried out, at least for the duration of the repair that is considered reasonable; in the event of a total loss for the appropriate replacement period
  1. Contractually agreed limitation of liability
  1. By concluding a separate agreement, the excess for damage caused by the renter or authorized driver can be limited. The limitation of liability is agreed upon by entering the maximum liability limit (excess) in the space provided for this purpose in the rental agreement. The exclusively verbal or telephone agreement of a limitation of liability is excluded, as is its retroactive agreement.
  2. If a limitation of liability has been agreed, the renter and the authorized driver are liable for damages up to an amount equal to the agreed deductible
  3. The liability of the renter or authorized driver for traffic violations and criminal offenses cannot be excluded. The tenant and the authorized driver are liable without limitation for such violations (see section 5.4.)
  1. The tenant is fully liable – even if a liability reduction is concluded 
  1. if the tenant intentionally violates the obligations set out in sections 3 and 5
  2. for damage caused intentionally; In the event of gross negligence on the part of the tenant, the landlord can claim against the tenant to an extent corresponding to the severity of his fault, whereby the extent of liability is determined analogously to Section 81 Paragraph 2 VVG
  1. The tenant is obliged to comply with road traffic regulations and laws. He is responsible for the consequences of traffic violations or criminal offenses found in connection with the rented vehicle. The tenant must bear the resulting costs. If claims (in particular fines, administration fees, towing costs) are brought to the attention of the landlord as the owner of the vehicle due to the tenant’s violations, the tenant is obliged to release the landlord from these claims. The landlord is not obliged to take legal action. In the event of a traffic violation, the landlord will inform the authorities of the tenant as the tenant/driver of the vehicle. To compensate for the resulting administrative costs, the landlord also charges a gross processing fee of 35.00 euros.
  2. If the renter leaves the rental vehicle to a third person not named in the rental agreement, the renter and the third party are jointly and severally liable in the event of damage to the rental vehicle.

  1. Behavior in the event of accidents, operational disruptions or other damage

  1. The renter is responsible for any damage or disruption to the rental vehicle, even without the involvement of third parties
  1. to inform the landlord immediately about the event and to coordinate the further use of the vehicle
  2. not to carry out or have the damage repaired without prior agreement with the landlord
  1. In the event of an accident, the tenant is also liable
  1. to notify the police immediately and to remain at the scene of the accident until the police arrive, as long as self-endangerment is ruled out; If the police refuse to record the accident, he must prove this to the landlord
  2. to take necessary measures to preserve evidence that ensures the enforcement of any claims for damages by the landlord, for example by taking photographs
  3. The names and addresses of all people involved, the registration numbers of the vehicles involved and the insurance details of those involved, as well as the names and addresses of any witnesses, should be recorded, as far as this seems possible given the circumstances
  4. to inform the lessor comprehensively about the accident when the vehicle is returned and to issue a damage report to the lessor’s place of business. Opposing claims may not be recognized
  1. An accident within the meaning of this provision is any event in road traffic that is causally related to its dangers and leads to damage to the motor vehicle

  1. Obligations and liability of the landlord

  1. The landlord is obliged to provide the tenant with a roadworthy and technically perfect vehicle and accessories for use in accordance with the contract.
  2. If a repair is necessary during the rental period through no fault of the renter in order to ensure the operation or road safety of the vehicle, the renter may order the vehicle to be repaired in a specialist workshop if the landlord approves this. The landlord will bear the repair costs unless the tenant is liable in accordance with Section 4 of these conditions.
  3. The landlord’s liability for damage to the tenant – with the exception of injury to life, body, health or an essential contractual obligation – is excluded, unless the damage is due to intent or gross negligence on the part of the landlord or his vicarious agents. The rental company is not liable for the items transported with the rental vehicle or those left behind in the vehicle.
  4. The lessor is not obliged to keep items that the renter has left in the vehicle when it is returned.

  1. data protection

  1. The tenant agrees that the landlord stores the personal data provided by him. As part of the rental, the lessor is entitled to collect and process the personal data of the renter and the authorized driver in order to
  1. to manage the booking, the rental agreement and the payment, and, if there is a legitimate interest, to check the creditworthiness before concluding the rental agreement in order to reduce the risk of non-payment
  2. to hand over the data to the public order office or other authorities in order to determine who is responsible for an administrative offense
  1. The landlord takes appropriate technical precautions to prevent access to the tenant’s data by unauthorized third parties within the scope of reasonable technical possibilities
  2. The tenant’s personal data will be deleted immediately as soon as further storage is no longer necessary to process the contractual relationship
  3. The renter and the authorized driver can request information from the rental company about the personal data stored about them, the purpose of the storage and its origin. In addition, you have the right to correct, block and delete personal data.
  4. The landlord points out that it is possible to equip the vehicles with technology that enables the landlord to determine the position of the vehicle. The collection, storage and use of the data serve the sole purpose of protecting the vehicle fleet and the contractual rights of the lessor. The renter agrees that the landlord can occasionally locate the rented vehicle and have it shut down if it is suspected of theft or use in violation of the contract. The consent can be revoked by the tenant at any time.

  1. Final provisions

  1. German law applies to this contract.
  2. For all disputes in connection with this contract, the registered office of the landlord (Cologne) is agreed as the place of jurisdiction, insofar as
  1. the tenant is a merchant within the meaning of the Commercial Code or a person equivalent to this in Section 38 ZPO
  2. the tenant does not have a general place of jurisdiction in Germany or moves his place of residence or usual residence abroad after conclusion of the contract, or his place of residence or usual place of residence is not known at the time the action is filed
  1. Should any provision of these General Terms and Conditions be wholly or partially ineffective, void or unenforceable, the effectiveness of the remaining provisions will not be affected. The parties undertake to replace the invalid provision with an effective agreement that comes as close as possible in terms of interests and meaning.