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TERMS & CONDITIONS OF RENTAL

Driver(s)  

Only the authorized main driver and additional drivers named in the rental agreement are permitted to drive the rental vehicle. Persons under guardianship cannot rent our vehicles.

Driver’s license

A valid driver’s license must be presented to us for all drivers named in the rental agreement. Can this condition not be satisfied, the vehicle cannot be handed over to you. Furthermore, if at the time of pick-up you are deemed not to be in a roadworthy condition, the rental is refused despite a correctly placed rental reservation.

Pick-up and return of vehicle

You accept full responsibility for the rental vehicle from pick-up to return. Requests for a specific make and model of a vehicle will be satisfied as far as possible. Should a chosen vehicle model not be available at the time of pick-up, you have to accept a similar model. We reserve the right to offer a model of a higher category if there are no vehicles of the booked category available.

The vehicle must be returned by the agreed date and time as defined in the rental agreement. We reserve the right to charge you extra for cleaning services of excessive soiling, dirt or stains in the vehicle.

If you neglect to return the vehicle by the agreed date and time, you will be charged damages (for the amount of the rental fee agreed upon) for the period between the agreed upon and the actual date and time of the return. Compensation will also have to be made for ensuing costs and loss of profit (rental of vehicle for the next client, loss of rental fees, etc.). Furthermore, we reserve the right to collect the vehicle and charge you for the costs incurred.

Technical condition of the rental vehicle

Our vehicles are made available in technically faultless condition. Visual impairments like small defects in paint work, small dents or scratches do not constitute a vehicle defect and have to be accepted by you as long as the use of the vehicle is not impaired. Any existing defects will be registered in the Rental Agreement.

Use of the rental vehicle

On receiving or collecting the vehicle, you must inspect it and any accessories and report any defects not mentioned in the rental agreement. Before leaving our premises you confirm the current condition of the vehicle and accept responsibility for its return in the same condition, including all keys, spare tire, tools, documents, accessories and equipment at the agreed return location and at the agreed time.

You, and additional drivers named in the rental agreement, may use the vehicle exclusively as a means of transport for persons, their luggage and personal effects. It is prohibited to use the rental vehicle for racing events, skidding training, driving instruction or similar activities and also the use as driving school vehicle, tow truck or tractive unit. You may only drive on sealed roads and driveways. You will be held liable for damages resulting from improper use (no comprehensive insurance cover). You agree to take reasonable care when driving and parking the vehicle.

Rental Car Servicing and Maintenance

You are obliged to check oil and water levels of the engine every 2’000 km. Details to the requirements for these liquids are specified in the handbook of the rental vehicle. Responsibility for the costs resulting from topping up these liquids remains with you. Tire pressure must be checked every 4 weeks. Should you feel unable to perform these checks and take the necessary measures, we must be notified at once. You are liable for any damages and consequential costs due to negligence or faulty application of these checks (no comprehensive insurance cover).

Smoking Ban

Smoking in the rental vehicle is strictly prohibited. Non-compliance results in your responsibility to bear the costs for necessary cleansing and removal of the smoke odour.

Accident/Damage

If the vehicle is involved in an accident you need to promptly notify the police and complete the blue incident report (in the glove compartment). Verbal or written assurances with regard to compensation to aggrieved third parties must be refrained from and would not constitute a commitment on our behalf. Should you fail to notify us of any damage in due course, or hush up or deny such an incident, despite having caused the incident, then you must accept responsibility for any loss or disadvantage we may incur as a result of this.
We do not accept any liability for delays and consequential costs in connection with an accident.

Breakdown/Roadside Assistance

For 24 hour Roadside Assistance please contact 0800 827 272 in Switzerland, or +41 800 827 272 when abroad. Please hand in a breakdown report at the time of vehicle return. Minor repairs up to CHF 150 are allowed without our consent and reimbursed when the original invoice is presented. Above this amount, our agreement is essential before any work is started. Repairs to the car body are prohibited. We do not accept any liability for delays and costs in connection with a breakdown. For breakdown insurance coverage please refer to the general conditions of the TCS Company Card. You will be charged in full for any regress claims of the insurance company in a situation of gross negligence.

Fuel Policy

We operate a full to full policy, meaning that it is your responsibility to return the rental vehicle with a full tank, otherwise you will be charged for the cost of fuel and a service/fueling convenience fee of CHF 20.-. If you have fuelled the vehicle incorrectly (gasoline/diesel) you will be charged for costs of damaged items, labour, waste disposal and any other associated costs. No insurance policy will cover such a customer fault.

Insurance

Comprehensive collision damage cover:

  • Included in the rental cost.
  • Your Retention per claim: CHF 1’000.-.

Only if a registered driver was driving the vehicle and the vehicle was used properly.

For glass breakage you will be charged for a contribution towards repair costs of up to CHF 600.-.
Insurance does not cover tyre damages; you will be charged for these costs. You will be charged in full for any regress claims of the insurance company in a situation of gross negligence.

For details of the liability and collision damage insurance covers please consult the General Terms and Conditions of our Insurance. A regress claim of the insurance company in a situation of gross negligence cannot be excluded.

Journeys Abroad

Journeys to countries of the European Union are permitted. Also covered are the following countries: Albania, Andorra, Bosnia & Herzegovina, Macedonia, Montenegro, Serbia, Kosovo and Turkey. Should the rental vehicle be driven to any other country, you are personally and fully responsible for all costs that may arise from damage or loss.

Deposit

The deposit is CHF 750.-, payable by debit card, in cash at pick-up time or in advance by bank transfer. If the rental car is returned without damage, it will be repaid to you promptly either by bank transfer or in cash.

Payment conditions

Our Invoices have to be paid by you within 5 days after receipt. The reservation of a rental vehicle is only regarded as definitely booked after receipt of payment. Long term rentals can be invoiced monthly. We reserve the right to withdraw from the rental agreement if payment is not received promptly and reallocate the reserved vehicle to another client. Rentals at short notice require the payment of the balance due in cash.
Additionally driven kilometers beyond the specified limit, meaning not included in the rental price, will be invoiced separately according to vehicle category:

  • Cat. A CHF 0.30
  • Cat. B CHF 0.35
  • Cat. C CHF 0.40
  • Cat. D CHF 0.45

Other costs like Environmentalzones fees, road tax outside Switzerland, ferry tickets and rail transportation are paid by you.

Change of Rental Term

There is no reimbursement if a vehicle is returned before the agreed date and time or if the maximum mileage allowance was not fully utilized.

Infringement of Road Traffic Laws

All penalties related to traffic and/or parking offences are your responsibility. On notification of an unpaid fine/infringement reported by the police you will be invoiced for the fine and also an administration fee of CHF 20.-. Except in case of flash Units.

Cancellation by You

Up to 21 days before the agreed pick-up you may withdraw in writing from the rental agreement at a charge of CHF 80.-. An exception to this rule may be considered in special circumstances.

Cancellation by us

We reserve the right to terminate the agreement without notice, if, after a period of grace of at least 10 days, you have not paid the amount due according to the rental agreement (Art. 257d of the Swiss Code of Obligations). Furthermore, we reserve the right to terminate the rental agreement for important reasons. Besides legal reasons, in the case of improper usage or if important reasons apply if you have provided false or incomplete Information.

Limitations of Liability

Regardless of the basis of liability, we assume unlimited liability for damages arising from death, bodily injury or damage to health, if conditions for liability are fulfilled. Furthermore, regardless of the basis of liability, we assume liability for cases of damages resulting from intent and gross negligence, if conditions for liability are fulfilled. Our liability is completely excluded for all other cases, regardless of the basis of liability as permitted by law.

Further Information

The ineffectiveness of one or more of these rental conditions does not affect the effectiveness of the other conditions of this rental agreement. Swiss law will be exclusively applicable to the present agreement. Jurisdiction for any disputes arising from this agreement is the place of our registered office with reservation of divergent compelling legal jurisdictions.

Copyright by Awesome Rental Cars GmbH

CH-5608 Stetten. January,1 2019