General Terms and Conditions of Rental (Terms and Conditions)

Transcription

1 General Terms and Conditions of Rental (Terms and Conditions) Page 1 GOD - TW

2 A: Condition of the vehicle, repairs, fuel 1. The lessee undertakes to treat the v ehicle appropriately and w ith due care, to observ e all the regulations and technical rules w hich apply to its use, especially to check regularly that the engine oil lev el is sufficient and to observ e w hen v ehicle serv ices are due and to check regularly that the v ehicle is in a roadw orthy condition and to properly lock the v ehicle. The lessor s vehicles are non-smoking v ehicles in principle. 2. If, during the term of the rental period, it becomes necessary to repair the odometer (kilometre counter) or to carry out a repair to ensure that the v ehicle is operational or roadw orthy or a compulsory vehicle service becomes necessary, the lessee may have this work carried out by an authorized repair w orkshop up to an estimated repair cost of EUR The v ehicle shall be handed ov er to the lessee w ith a full tank of fuel. Correspondingly, the lessee must return the v ehicle at the end of the lease w ith a full tank of fuel. If the v ehicle is not returned fully tanked, the lessor shall charge the lessee the fees for filling the v ehicle and fuel in accordance w ith the rates applicable at the time of rental, unless the lessee prov es that no or low er costs for filling incurred. The rates as applicable from time to time are av ailable at the SIXT rental office. 4. With rentals hav ing a term of more than 27 day s the lessee must bear the cost of procuring replenishment liquids (particularly engine oil, w indscreen cleaner as w ell as antifreeze) up to an amount of 8% of the respectiv e month s (net) rental fee in the ev ent that said liquids need to be replenished during the rental period. 5. If commercial v ehicles w ith a permitted gross v ehicle w eight of 7.49 t or more are fitted w ith an AdBlue tank, the lessee shall hand ov er the commercial v ehicle of 7.49 t or more w ith a full tank of AdBlue. The lessee must return the v ehicle at the end of the lease w ith a full tank of AdBlue. If the v ehicle is not returned w ith a full tank of AdBlue, the lessor shall charge the lessee the cost of filling the v ehicle plus a serv ice charge in accordance w ith the price list applicable at the time of rental. The applicable price list is display ed in the rental office. 6. When renting v ehicles w ith an AdBlue tank, the lessee must ensure that the AdBlue tank is alw ay s sufficiently filled. The lessee and his v icarious agents shall be fully liable for breaches of the abov e obligation committed during the rental period; the lessee shall indemnify the lessor against all claims, in particular against any penalty and w arning fines, asserted by the authorities or other third parties against the lessor because of any failure to fill the AdBlue tank. B: Reservations, bookings made at prepaid rates 1. Reserv ations for Germany or abroad are binding only for price-groups, not for v ehicle ty pes. If the lessee has not collected the v ehicle by no later than one hour after the agreed time there shall no longer be a binding reserv ation. 2. The following applies to bookings made at prepaid rates: A booking can be changed until 48 hours prior to the beginning of the rental in return for an alteration charge of EUR 20. Any prepay ment already made tow ards the rental shall not be refunded; nor shall any differential amount be refunded. The lessee can also cancel a booking before the rental begins. In the ev ent of cancellation, the prepay ment shall not be refunded if the prepay ment does not ex ceed the rental charge of three rental day s (including any ex tras and charges according to clause D.), unless the lessee prov es that for cancellation no or low er costs incurred in course of cancellation at the lessor. The portion of the prepay ment that ex ceeds the rental charge of three rental day s including any ex tras and charges shall be refunded w ithin ten w orking day s of the cancellation. Cancellations can be made online (w w w.sixt.com/mysixt) or in w riting and must be addressed to: Six t GmbH & Co. Autov ermietung KG, Trelleborger Strasse 9, D Rostock, Germany, Fax : , reserv ierung@six t.de. In the ev ent that the booked v ehicle is not collected or not collected w ithin one hour after the agreed time the rental charge already paid shall be w ithheld in full, unless the lessee prov es that no or low er costs incurred for the lessor due to no collection. 3. For bookings made at prepaid rates, it is not possible to apply v ouchers or any other credits during or after the booking unless the conditions show n on the v oucher ex plicitly permit the redemption of the v oucher v alue in bookings made at prepaid rates and if the v oucher v alue is immediately applied during the booking. C: Documents to be produced when collecting the vehicle, authorized drivers, permitted drivers, travel abroad 1. When the v ehicle is handed ov er the lessee must produce a domestically v alid driv ing licence necessary for driv ing the v ehicle, a v alid means of pay ment as w ell as a personal identification card or passport. In the case of bookings made at the prepaid rates, the means of pay ment used at the time of booking must be presented. If the lessee is unable to produce said documents w hen the v ehicle is handed ov er, the lessor w ill cancel the rental contract; in any such cases the lessee shall hav e no claim for non-performance. Furthermore, restrictions regarding age (an additional charge shall be charged for driv ers under the age of 23) and/or length of time for w hich a driv ing licence must hav e been held apply to certain v ehicle categories. A list of the age and driv ing licence prov is ions can be inspected prior to reserv ation on Six t's w ebsite, at the Six t rental office or can be asked for by telephone. 2. The v ehicle may be driv en only by the lessee or - in the case of corporate customers - by the driv er named in the rental contract. If the v ehicle is to be driv en by persons other than the abov e-named person an additional charge shall be charged for each additional driv er. The charges as applicable from time to time can be inspected on Six t's w ebsite, at the Six t rental office or can be asked for by telephone. When the v ehicle is collected the original driv ing licences of any additional driv ers must be presented. 3. Corporate customers must check independently w hether the authorized driv er is in possession of a driv er s licence w hich is still v alid on the territory of the Federal Republic of Germany. They must use all means av ailable to them to do this and must make the necessary enquiries. 4. The lessee shall be liable for the actions of the driv er as if they w ere the lessee's ow n actions. 5. The v ehicle may be used only on public roads, but not for driv ing school practice. The v ehicle may not be used for motor sport purposes, in particular driv ing ev ents w here the important thing is to achiev e max imum speeds, or for any associated practice driv es, Page 2 GOD - TW

3 for v ehicle tests or for safety driv ing training, for the commercial transportation of persons, for renting to sub lessees, for committing criminal offences, ev en if said offences are punishable only under the law of the place w here the offence is committed, for transporting easily inflammable, tox ic or other hazardous substances, 6. The lessee is obliged to properly secure any goods carried. 7. Depending on the category of v ehicle, rental v ehicles may not be used abroad in certain countries. A list of the countries in w hich the respectiv e categories of v ehicle may not be used, can be inspected prior to reserv ation on Six t s w ebsite and at the Six t rental office or can be asked for by telephone. In addition, the countries in w hich the rental v ehicle concerned may not be used are listed in the rental agreement form. 8. Any v iolation or non-performance of a prov ision under sub-clauses 1, 2, 3, 5 or 7 abov e shall entitle Six t to terminate the rental agreement w ithout notice or to rescind the rental agreement. In any such ev ent the lessee shall hav e no right to damages. This shall be w ithout prejudice to any claim to damages that accrues to Six t due to the breach of one of the prov isions under sub-clauses 1, 2, 3, 5 or 7 abov e. D: Rental charge 1. If the v ehicle is not returned to the same rental office from w hich it w as rented, the lessee shall be required to pay the cost of returning the v ehicle or a one-w ay charge, unless otherw ise agreed in w riting. 2. The rental charge comprises a basic rental charge, charges for ex tra serv ices and any location surcharges. The charges for ex tra serv ices are particularly one-w ay charges, the costs of filling the v ehicle and of fuel, serv ice charges, tolls in case of sub-clause I.5, accessories/ex tras such as e.g. child seat, snow chains, nav igation sy stem etc., deliv ery and collection costs. Location surcharges w ill apply to the basic rental charge as w ell as the charges for any ex tra serv ices. Special prices and price discounts apply only if pay ment is made w hen due. 3. For deliv eries and collections, the deliv ery and collection charges agreed for this shall be charged plus the cost of filling the v ehicle and of fuel in accordance w ith the price list applicable at the time of rental. The applicable price list is display ed in the rental office. E: Due date, electronic invoicing, payment terms, security (deposit), termination without notice because of default of payment, personal accident protection 1. The rental charge (plus any other charges agreed such as, e.g. ex emptions from liability, deliv ery charges, airport charges etc.) plus v alue added tax in the statutory amount applicable from time to time must, as a matter of principle, be paid in full for the agreed rental period, i.e. if the v ehicle is collected late or returned early there shall be no refund. The rental charge shall be due at the beginning of the rental period, or in the case of bookings made at the prepaid rates already at the time of concluding the booking. In the case of foreign bookings at the prepaid rates Six t, as a matter of principle, only acts as a collection agent w hen collecting the rental charge that is due at the time the booking is concluded. If the agreed rental period ex ceeds a period of 28 day s the rental charge shall be pay able at interv als of 28 day s and at the beginning of each interv al. 2. The lessee agrees that the lessor s inv oices will generally be sent electronically to the inv oice recipient giv en. The lessee complies w ith the procedure, that he w ill not receiv e paper inv oices any longer. Instead the lessor w ill sent an electronic inv oice, meeting the statutory prov isions, to the address prov ided. The lessee can object the consignation of electronic inv oices at any time. In this case the lessor w ill perform paper based inv oicing to the lessee. The lessee is obliged to bear the additional costs for the paper based consignment of the inv oice and for the postage in that case. The lessee is responsible for being able to receiv e electronic inv oices or, if agreed accordingly, to collect them electronically. The lessee is accountable for malfunctions of the receiv ing dev ices or any other circumstances that hinder the access to the inv oices. An inv oice is receiv ed as soon as it entered the lessee s domain. If the lessor just sends a note and the lessee can retriev e the inv oice by himself or if the lessor makes the inv oice av ailable for retriev al, the inv oice is receiv ed w hen it w as fetched by the lessee. The lessee is accountable for retriev ing the prov ided inv oices in reasonable interv als. If an inv oice is not receiv ed or cannot be receiv ed the lessee shall notify the lessor immediately. In this case the lessor w ill re-send a copy of the inv oice and dub it copy. If the malfunction in the possibility of transfer cannot be resolv ed promptly, the lessor may send paper inv oices until the malfunction has been solv ed. The lessee bears the costs for the consignment of paper inv oices. If the lessor prov ides the lessee w ith login data, user name or passw ord, those hav e to be secured from unauthorised access and kept strictly confidential. In case the lessee takes note that unauthorised persons gained access to this information, he shall notify the lessor of it immediately. 3. As security (a deposit) for the performance of his duties, the lessee shall be obliged to pay a sum of money at the beginning of the rental period, w hich sum shall be three times the agreed rental charge (plus other charges agreed such as, e.g. ex emptions from liabilty, deliv ery charges, airport charges) plus v alue added tax in the statutory amount applicable from time to time, but at least EUR 150. The lessor is entitled to require the prov ision of greater security of up to EUR 4,000 for v ehicles in the ex ecutiv e or lux ury category. However, if the agreed rental period ex ceeds a period of 28 day s, the security shall be a max imum of three times the agreed rental charge for a period of 28 day s (plus other charges agreed such as, e.g. ex emptions from liability, delivery charges, airport charges) plus v alue added tax in the statutory amount applicable from time to time. The lessor is not obliged to inv est the security separately from its assets. The security shall not bear interest. The lessor can enforce its right to pay ment of security ev en a considerable time after commencement of the rental agreement Page 3 GOD - TW

4 4. Unless otherw ise agreed, the rental charge, all other agreed charges and the security (deposit) shall be charged to the lessee's credit card. 5. Instead of debiting the Customer s credit card, the lessor can, by making a so-called merchant request in its fav our, hav e a sum in the amount of the deposit frozen under the credit facility granted to the Customer by his credit card institution for his credit card. 6. If the lessee is in default of pay ment of the rental fee the lessor shall, ev en w ithout prior w arning, be entitled to terminate the lease agreement w ithout notice. If the agreed rental period ex ceeds a period of 28 day s and if the lessee is in default of either the w hole or a not inconsiderable part of pay ment of the rental fee for the interv al concerned, the lessor shall, ev en w ithout prior w arning, be entitled to terminate the lease agreement w ithout notice because of default of pay ment. 7. If personal accident protection is taken out, the amount of cov er w ill be EUR 50,000 in the ev ent of inv alidity, EUR 25,000 in the ev ent of death and EUR 1,000 for medical costs. F: Insurance 1. The Insurance cov er for the rented v ehicle ex tends to a third party liability insurance w ith a max imum amount of cov er for personal injuries and damage to property of EUR 50 million. The max imum amount of cov er per injured person is EUR 8 million and is limited to Europe. 2. The insurance does not cov er use of v ehicles for the transportation of hazardous substances requiring a permit, as defined in Paragraph 7 of the Statutory Instrument on the Transportation of Hazardous Goods by Road (GefahrgutVStr.). G: Accidents, theft, obligation to notify 1. After an accident, theft, fire, damage by w ild animals or other damage, the lessee or the driv er must w ithout undue delay notify and call in the police; in particular, the lessee or driv er must report the damage to the nearest police station if the police cannot be reached by telephone. This also applies if the rental v ehicle w as damaged only slightly and also in the case of accidents, w hich are the driv er's ow n fault w ithout third parties being inv olv ed. 2. If ev er the v ehicle is damaged during the rental period the lessee is obliged to notify the lessor in w riting and w ithout undue delay of all of the details of the incident w hich led to the v ehicle being damaged. For this purpose the lessee should complete all of the points on the form for reporting an accident, w hich can be found w ith the v ehicle papers, carefully and truthfully. The form can also be requested from the lessor at any time by telephone or can be dow nloaded from the lessor's w ebsites. 3. The lessee or driv er must take all measures, w hich are ex pedient or conduciv e to clearing up the case of damage. This particularly includes them hav ing to answ er the lessor's questions concerning the circumstances of the case of damage truthfully and fully and them not being permitted to leav e the scene of the accident until it has been possible to make the necessary findings and particularly the findings that are of importance to the lessor for assessing the damaging ev ent or w ithout allow ing the lessor to make suc h findings. H: Lessor's Liability 1. The lessor shall be liable in accordance w ith the statutory prov isions in the ev ent of intent or gross negligence by the lessor, a representativ e or a v icarious agent. In all other cases the lessor shall be liable only for injury to life, body or health or for the intent or negligent breach of material contractual obligations. Any claim to damages due to the breach of material contractual obligations shall be limited to the foreseeable damage ty pical for the contract. 2. The lessor does not accept any liability w hatsoev er for property left in the rental v ehicle upon its return; this limitation of liability does not apply in the ev ent of intent or gross negligence by the lessor, a representativ e or v icarious agent. I: Lessee's Liability 1. In the ev ent of damage to the v ehicle, loss of the v ehicle or breach of the rental contract, the lessee shall be liable, in principle, in accordance w ith the general rules gov erning liability. In particular, the lessee must return the v ehicle in the condition in w hich he took possession of it. 2. The lessee may choose to ex clude liability for any loss or damage of the lessor arising out of accidents, by pay ing a separate charge. Any such separate charge = a contractual ex emption from liability w hich corresponds to the model of a fully comprehensiv e ins urance (Vollkaskov ersicherung). In that ev ent the lessee and the driv ers included in the scope of protection afforded by said contractual ex emption from liability shall be liable for damage up to the amount of the agreed ex cess. There shall be no claim to a contractual ex emption from liability if the damage w as caused intentionally. If the damage w as caused by gross negligence the lessor shall be entitled to reduce the ex emption from liability pro rata in the proportion of the sev erity of the fault. There shall furtherm ore be no right to a contractual ex emption from liability if an obligation to be performed by the lessee or driv er, particularly under Clause G of these General Terms and Conditions of Rental, has been breached intentionally. In the ev ent of a grossly negligent breach of an obligation to be performed by the lessee or driv er the lessor shall be entitled to reduce its pay ment tow ards the ex emption from liability pro rata in the proportion of the sev erity of the fault. In derogation from the prov isions of the tw o preceding sentences the lessor shall be under an obligation to ex empt from liability if the breach of the obligation w as not causal for either the occurrence of the ev ent giv ing rise to the ex emption from liability or for the determination or the ex tent of the lessor's obligation to ex empt from the liability ; this does not apply if the obligation w as breached w ith an intention to deceiv e. The contractual ex emption from liability applies only for the rental period. The ex cess to be paid by the lessee, per claim, shall be determined by the price lists in force, and display ed, at the time of rental. 3. The lessee shall be liable w ithout limitation for all traffic and administrativ e offences, all breaches of legal prov isions as w ell as for any interference w ith possession committed by him or third parties to w hom the lessee has left the car. The lessee shall indemnify the lessor against any and all penalty and w arning fines, fees and other costs, lev ied by the authorities or other bodies from the lessor because of any such breaches. As compensation for the lessor's administrativ e costs incurred in handling enquiries put to it by the prosecution authorities or other third parties in order to inv estigate administrativ e offences, criminal offences or any nuisance committed during the Page 4 GOD - TW

5 rental period, the lessor shall receiv e from the lessee a flat-rate amount of EUR (incl. VAT) for each such enquiry, unless the lessee prov es that the lessor incurred low er costs and/or loss w ithout prejudice to the right of the lessor to claim greater damages or loss. 4. Damage to brakes, damage caused during normal operation of the v ehicle, and simple fracture damage do not constitute accident damage; this applies in particular to damage caused by the slippage of any goods carried. 5. The lessee, in using the toll roads, must prov ide for the timely and full pay ment of the toll. The lessee shall indemnify the lessor from all tolls caused by the former or by third parties to w hom the lessee entrusts the v ehicle. For motor v ehicles w ith a gross v ehicle w eight of at least 7.5t, the lessor w ill prov ide the lessee w ith an On-Board Unit (OBU) for the automatic collection of tolls according to the German Federal Trunk Road Toll Act. How ev er, this does not apply to v ehicle combinations of at least 7.5t for w hich the tractor alone has a gross v ehicle w eight of less than 7.5t. In this case, the lessee is obliged to pay the toll manually (online or at the terminal). The lessee is obliged to handle the OBU w ith care according to manufacturer specifications and must protect the OBU from unlaw ful access by third parties and from manipulation. The lessee is responsible for the correct setting of the OBU, in particular the number of ax les and the emission class. All costs incurred due to the incorrect setting of the OBU shall be borne by the lessee. Damage to the OBU or its malfunctioning must be reported to the lessor immediately. In these cases, the lessee must manually (online or at the terminal) log into the toll sy stem or (if necessary ) ex it the toll route netw ork immediately. The lessor w ill inv oice for the tolls incurred for the respectiv e rental period along w ith the toll-sy stem operator, Toll Collect GmbH, or through the latter's serv ice prov ider. The lessor shall prov ide the lessee w ith a list of the journey s incurring a toll along w ith the inv oice. 6. For trucks w ith a permitted ov erall w eight of 7.5t to 11.99t the lessor does not pay road tax increased by any trailer surcha rge. If a rented truck is used w ith a trailer, the lessee must therefore ensure that the road tax for the trailer (trailer surcharge) is paid in due time and in full. The lessee shall indemnify the lessor against all claims, tax es (including any interests, ex tra charges for late pay ment and other accessory claims), costs, penalty and w arning fines, w hich the authorities assert against the lessor because of a breach of the abov e obligation. 7. These prov isions apply not only to the lessee but also to the authorized driv er, w hereby, how ever, the contractual ex emption from liability does not apply to unauthorized users of the rented v ehicle. J: Return of the vehicle 1. The rental contract shall end upon the ex piry of the agreed rental term. If the lessee continues to use the v ehicle after ex piry of the agreed rental term, the rental shall not be deemed to hav e been ex tended. Paragraph 545 German Civ il Code (BGB) shall not apply. 2. The lessee is obliged to return the v ehicle to the lessor at the end of the agreed rental period, at the agreed location, during normal business hours, w hich are display ed in a notice at the lessor s offices. 3. Special rental rates apply only w ithin the period offered and presuppose that the rental period complies w ith the one agreed to at the time of rental. If said period is ex ceeded or curtailed, the normal rate, instead of the special rate, shall apply to the w hole rental period. 4. In the ev ent of any breach of the obligation to return the v ehicle and there is more than one lessee, the lessees shall be jointly and sev erally liable. 5. If the lessee does not return the v ehicle to the lessor after ex piry of the agreed rental term the lessor shall be entitled to demand pay ment in the amount of at least the prev iously agreed rental rate as compensation for use of the v ehicle for the period for w hich the v ehicle is detained; the right to assert further damages is not ex cluded. 6. In the case of long-term rentals (rentals w ith an agreed rental term of more than 27 day s) the follow ing shall apply in addition to Clauses 1 to 5 of this section J: In the ev ent that the permitted kilometre reading stated in the rental agreement is reached the lessee is obliged to return the v ehicle ev en before ex piry of the agreed rental term. In the ev ent that the lessee ex ceeds the permitted kilometre reading stipulated in the rental agreement by more than 100 km and/or returns the v ehicle after the date stipulated in the rental agreement, he shall be obliged to pay a contractual penalty in the amount of EUR 500; this shall not apply if the lessee prov es that the lessor has not incurred any damage or has incurred only minimal damage. When the kilometre reading stipulated in the rental agreement has been reached before ex piry of the agreed rental term, the lessee shall receiv e an equiv alent replacement v ehicle for the remainder of the rental term w hen the v ehicle is returned. K: Termination 1. The parties shall be entitled to terminate the rental contracts in accordance w ith the statutory prov isions. The lessor may terminate the rental contracts ex traordinarily for cause w ithout notice. Such cause shall be deemed to include, in particular: Considerable deterioration of lessee s financial situation Dishonoured bank debits / cheques, enforcement measures aimed against the lessee, lack of care of the v ehicle, improper and illegal use, disregard of the regulations gov erning the use of motor v ehicles for road haulage, if it becomes unreasonable to ex pect the rental contract to be continued, e.g. ow ing to an ex cessiv e damage ratio. 2. If there is more than one rental contract in place betw een the lessor and the lessee, and if the lessor is entitled to terminate one of the contracts ex traordinarily for cause w ithout notice, the lessor shall also be entitled to terminate all other rental contracts ex traordinarily Page 5 GOD - TW

6 w ithout notice, prov ided the continuation of the other rental contracts is unacceptable due to the Lessee acting in bad faith. This shall be deemed to include, in particular: Causing w ilful damage to a rental v ehicle, Culpably concealing or try ing to conceal damages to rental v ehicles, Causing w ilful damage to the Lessor If the lessee is in arrears w ith his pay ments of at least one w eek s rental by more than fiv e w orking day s from the due date, If the lessee uses a rental v ehicle for or in conjunction w ith criminal actions. 3. If the lessor terminates a rental contract, the lessee shall be obliged to surrender the v ehicles, together w ith all v ehicle documents, all accessories and all v ehicle key s, immediately to the lessor. L: Sixt Express Service 1. When making use of the Six t Ex press Serv ice, the lessee accepts the rental offer upon printing out a corresponding rental contract and handov er of the v ehicle key s either at the Six t counter or the Six t key safe. 2. When making use of the Six t Ex press Serv ice, the lessee accepts the rental contract he receiv es w ith each rental as being binding on him, ev en if unsigned. 3. The lessee ex pressly guarantees that at the time w hen the rental contracts are concluded he is in possession of a v alid driv er s licence. He undertakes to inform the lessor of all changes relating to his driv er s licence, his address, or his credit card specified in the Master Agreement, before conclusion of any subsequent rental contract. M: Lessee s direct debit authorization 1. The lessee irrev ocably authorizes the lessor as w ell as its collection agent to debit all car rental costs and all other claims in connection w ith the rental contract from the credit card presented at the time w hen the rental contract is concluded, from the credit card specified in the rental contract or from the credit card subsequently presented or additionally specified by the lessor. N: Data protection clause 1. Six t GmbH & Co. Autov ermietung KG is the body responsible in the sense of the data protection law. The lessee's/driver's personal data is collected, processed and used by Six t, or by a third party appointed locally by Six t for the rental, for the purposes of establishing, fulfilling or terminating the Agreement. Any use for adv ertising purposes shall only be for the purposes of Six t's ow n adv ertising (including adv ertising by w ay of recommendations). Said data shall be transmitted to other third parties only to the ex tent this is necessary for fulfilling the agreement, e.g. to the lessee's credit card company for the purposes of settlement the operator of the toll sy stem and in case of paragraphs I.3. and I.5. to the appropriate authority or other body for direct regulation of such fees, costs, tolls or fines. Any further-reaching use shall need to be laid dow n in legislation or require consent. 2. Note in accordance with Paragraph 28(4) German Federal Data Protection Act ("BDSG"): The lessee/driver can at any time object to any processing or use of his data for the purposes of advertising or market research or opinion polls. The objection must be addressed to: Sixt GmbH & Co. Autovermietung KG, code word: "Objection", Zugspitzstrasse 1, Pullach, or by to: widerspruch_datenschutz@sixt.de. O: General Provisions 1. Only undisputed claims of the lessee or of an authorized driv er, or claims of the lessee or of an authorized driv er, w hich hav e become final and absolute, may be set off against claims of the lessor. 2. All rights and obligations arising out of this Agreement enure to the benefit of and against the authorized driv er. 3. If and insofar as no prov ision is contained in this Agreement, the regulations of the Insurance Contracts Act (Versichungsvertragsgesetz (VVG)) and the regulations of the General Conditions for Motor Vehicle Insurance (AKB 95) shall apply mutatis mutandis. This also applies to any ambiguities arising out of this Agreement. P: Place of jurisdiction, written form 1. There are no v erbal side agreements. 2. If the lessee is a merchant ("Kaufmann"), a public-sector legal entity or a special body or fund under public law, the place of jurisdiction shall be Munich Page 6 GOD - TW