ATL Renting 2020 02 11 web 0125

General terms and conditions

General Terms and Conditions (GTC) constitute an agreement between the customer and the entrepreneur. General Terms and Conditions are defined as standard provisions drafted by one party without negotiation. Their purpose is to be used regularly in commercial transactions or to supplement an already existing agreement.

General terms and conditions

General Terms and Conditions (GTC) constitute an agreement between the customer and the entrepreneur. General Terms and Conditions are defined as standard provisions drafted by one party without negotiation. Their purpose is to be used regularly in commercial transactions or to supplement an already existing agreement.

ATL Renting 2020 02 11 web 0125

GENERAL

These General Rental Conditions apply exclusively to all offers, order forms and invoices. The representatives or agents of A.T.L.-Renting are not authorised to conclude a contract without the consent of the management. The invalidity, nullity or non‑applicability of one or more provisions of these conditions due to a mandatory legal provision does not affect the remaining provisions. An offer is not binding.

RENTAL, RENTAL CHARGES AND RENTAL PERIOD

The rental period begins on the day on which the rented item and the vehicle documents are handed over to the lessee. The rental is charged per day. For a rental period of more than five working days, no rental fee will be charged for the day of departure, provided the rented item departs within one hour before closing time, and no rental fee will be charged for the day of arrival, provided the rented item arrives before 10 a.m.

TERMINATION OF THE AGREEMENT

The indication of a rental period in the contract does not constitute a fixed‑term rental agreement. The indication merely reflects the anticipated rental duration. The rental ends on the day on which the lessee returns the rented item and the vehicle documents during business hours at the registered office of A.T.L.-Renting. Leaving the rented item unattended in a depot/on a parking area outside business hours is entirely at the customer’s own risk. If the rented item is returned at a location other than the registered office of A.T.L.-Renting, the lessee must reimburse a flat transport fee of EUR 150.00.

TERMINATION

A.T.L.-Renting is entitled at any time to terminate the rental agreement in writing, observing a notice period of five working days. No reason for termination is required. The lessee is likewise entitled at any time to terminate the rental agreement by registered letter, observing a notice period of five working days. If such termination is made without cause, the lessee is obliged to pay compensation amounting to 25% of the rental fees and rental charges still due until the end of the indicated anticipated rental period. This does not apply if the lessee returns the rented item upon expiry of the indicated anticipated rental period. In this case, A.T.L.-Renting waives the requirement of a separate notice of termination.

EXTRAORDINARY TERMINATION

The statutory options for extraordinary termination apply to both parties. If A.T.L.-Renting terminates the agreement extraordinarily, the lessee is obliged to pay a flat compensation amounting to 75% of the rental fees and rental charges still due until the end of the indicated anticipated rental period. The lessee retains the right to demonstrate that the actual damage is lower.

INSPECTION

Upon departure, the lessee shall inspect the rented item, in particular the tyre tread, the condition of the tyres and brakes, and whether the rented item complies with all legal requirements and is suitable for its intended purpose. The lessee must immediately report any doubts, objections or complaints. If the lessee fails to make such immediate notification, the lessee bears the burden of proof that the reported issues existed at the time of handover.

Upon return, the parties shall jointly prepare a written return report. If the rented item is returned outside business hours and a joint inspection is not possible, A.T.L.-Renting shall estimate the damage. The lessee shall be granted the opportunity, within 48 hours after return, to prepare a joint return report retroactively. If the lessee does not make use of this opportunity, the estimated damage and the corresponding repair invoice shall be deemed binding. The lessee must then provide proof that the actual damage is lower.

PAYMENT

The rental fee becomes due daily. As a rule, A.T.L.-Renting issues an invoice once per month for the rental fees that have become due in the meantime. The invoice must be settled upon receipt. The customer is in default 10 days after receiving the invoice and owes interest amounting to 9 percentage points above the base interest rate.

EXCLUSION OF SET‑OFF AND RETENTION

The lessee may not set off claims against A.T.L.-Renting or assert rights of retention, unless the counterclaims are undisputed, proven, or legally established. The lessee is not entitled to any right of retention with respect to the rented items.

VEHICLE DOCUMENTS

In the event of loss of (any part of) the vehicle documents, the lessee must immediately submit a written loss report to A.T.L.-Renting. The lessee shall bear all costs, fines, administrative charges, etc., as well as a flat processing fee of EUR 300.00 for the replacement or re‑issuance of the lost documents.

USE / TITLE / RESTRICTIONS

The rented item is operating equipment intended exclusively for professional purposes and may only be used for the function for which it was built. The lessee shall protect the lessor against any unlawful use of the rented item, shall comply at its own expense with all territorial regulations and laws, and shall assume all penalties and fines arising therefrom. The lessee shall indemnify A.T.L.-Renting against all claims, demands, costs and expenses arising from the use of the rented item. The rented item remains the exclusive property of the lessor. Number plates of A.T.L.-Renting may neither be removed nor altered. The lessee shall keep the rented item free from any encumbrances, including but not limited to seizures, charges, liens, mortgages, security attachments and enforcement measures. The lessee is obliged to inform A.T.L.-Renting of the name and address of the landlord of the building or premises rented by the lessee where the rented item is stored.

The rented item may not be sublet. With the express consent of A.T.L.-Renting, the rented item may be made available to third parties. This also applies to making it available to employees and vicarious agents of the lessee, who must be reported to A.T.L.-Renting by submitting a copy of the respective driving licence. Without the consent of A.T.L.-Renting, the rented item may not be used for the transport of ADR products.

Unless the lessor expressly agrees in writing, the lessee is prohibited from attaching advertising to the vehicle, modifying it, or installing accessories/equipment.

The lessee declares that it will fully observe the normal and legally permissible load of the vehicle.

MAINTENANCE AND REPAIRS

The lessee must have due maintenance work carried out punctually and necessary repairs carried out immediately by a workshop recognised by the manufacturer, at the lessee’s expense. (In emergencies, if the assistance of such a workshop is not available or only accessible with unreasonable difficulty, repairs may, after consultation with A.T.L.-Renting, also be carried out in another workshop that guarantees careful and professional work.) For vehicles, the obligation to carry out immediate repairs also applies to damage to the mileage indicator (or, correspondingly, to the operating hours counter for items equipped with one). The lessee must submit to A.T.L.-Renting, without being requested to do so, a copy of the repair invoice with a note of the previous mileage (or operating hours) immediately.

The lessee undertakes to have semi‑trailers serviced every ten weeks at a service point of the lessor, at the lessee’s expense. Tractor units must be serviced every 30,000 km in a workshop designated by A.T.L.-Renting, at the lessee’s expense.

INSURANCE

If the lessee arranges insurance independently, the lessee is obliged to take out the following insurance policies with an insurance company established in Europe for the duration of the rental period: Liability insurance: The lessee insures the statutory liability for damage caused to third parties arising from the use of the rented item. Comprehensive insurance: The lessee insures the rented item against the risks of self‑inflicted damage, fire and theft, at a value determined by the lessee and stated on the attached insurance certificate, as well as unlimited coverage for towing and repair costs. In addition, the insurance must be extended to include serious driver errors (subject to recourse) and damage caused by load and theft. The policy must state that A.T.L.-Renting is the lessor of the item and, as such, is to be regarded as the beneficiary of the insurance. All payments made under this insurance shall accrue to A.T.L.-Renting, so that the lessee cannot assert any rights against the insurer that would reduce A.T.L.-Renting’s claims. The lessee shall provide A.T.L.-Renting with a valid insurance certificate of the signed insurance policies. Deductibles, franchises, exclusions and uninsured risks shall be borne by the lessee.

If the lessee takes out insurance through A.T.L.-Renting, the comprehensive insurance shall include a deductible of EUR 2,000.00 per damage event and the liability insurance a deductible of EUR 1,000.00. Liability, legal expenses and comprehensive insurance do not cover bridge damage, damage caused by load, serious driver error, misuse, vandalism, driving and rest time violations, use outside professional activities, incorrect tachograph disc usage, overloading (tractor unit with or without semi‑trailer whose total mass and dimensions in loaded condition exceed the permitted maximum values). Insurance coverage is provided only if the premiums have been paid. The deductibles are doubled if a driver causes a second self‑inflicted accident within thirty days.

If ancillary rental costs, including motor vehicle insurance premiums, are included in the rental fee, they may be increased by the insurer after a damage event and passed on to the lessee. This also applies to the deductible after a damage event.

LOSS, ACCIDENT, DAMAGE, THEFT OR DEFECTS

The lessee is liable to A.T.L.-Renting for the destruction, loss, damage and depreciation of the rented item and its equipment, even without fault, except where A.T.L.-Renting is at fault. A.T.L.-Renting is liable to the lessee for direct and indirect damage suffered by the lessee or other persons due to the use of the rented item, interruption of use or deprivation of use only in the event of fault.

In the event of any accident or other damage, the lessee must immediately send a damage report to A.T.L.-Renting, stating the time, place, names and addresses of all parties involved, and the nature and extent of the accident or loss. The lessee shall also provide a copy of all police reports and other information. The lessee shall provide A.T.L.-Renting or the party appointed by A.T.L.-Renting to handle the claim with all necessary documents and information. The lessee is obliged to pay the repair costs incurred or submit them to its insurer, and shall bear all further costs associated with the damage event (e.g. rental vehicle costs for vehicles, depreciation, expert fees, legal enforcement costs).

If the lessee returns the rented item damaged, incomplete or not in operational condition, the lessee is obliged to compensate the damage. The lessee is also obliged to compensate consequential damages.

The lessee may not claim compensation for downtime resulting from, among other things, defects, repairs, accidents, loading and unloading activities, or damage caused by load.

RENTAL TYPE

NET: Price information regarding the rental fee is understood as net, excluding consumption, insurance, maintenance and repairs, inspections, motor vehicle tax, Eurovignette, levies, fines, parking and storage costs, as well as other possible costs.

RENTAL INCLUDING MAINTENANCE: Price information regarding the rental fee is understood as including maintenance, normal tyre wear, inspections, motor vehicle tax, Eurovignette, levies; excluding insurance, consumption, fines, parking and storage costs, as well as other possible costs.

In the case of operational rental, the lessee may use a service network of maintenance facilities available to the lessor for preventive maintenance and maintenance resulting from normal wear. Repairs and all costs that the lessee pays for maintenance independently may only be reimbursed with prior written consent.

SECURITY DEPOSIT

The lessee is obliged to provide a security deposit in an amount agreed separately, which shall not bear interest. After termination of the rental agreement, a final statement will be prepared, and A.T.L.-Renting may satisfy due and not yet due claims arising from this or other agreements by offsetting them against the security deposit.

DELIVERY PERIOD

The delivery periods stated in the contract are indicative values and cannot be guaranteed. Delivery delays do not constitute grounds for cancellation of a rental order form, for claims for damages, or for refusal or non‑payment by the lessee. Circumstances attributable to chance or force majeure, including strikes and lockouts at A.T.L.-Renting nv or its suppliers, entitle A.T.L.-Renting, by registered letter and without any right to compensation for the lessee, to proportionally extend the delivery period or to withdraw from the contract.

LEVIES AND PERMITS

A.T.L.-Renting registers the rented item at its own expense. The lessee assumes responsibility for additional licences, permits, inspections and other certificates that may be legally required or otherwise necessary for the lawful use and operation of the rented item. The lessee assumes responsibility for and settles, as soon as due, all levies and other forms of tax, regardless of designation, that are now or subsequently imposed on the rental, use, operation or possession of the rented item or on the rental payments to be made, together with all associated interest and penalties.

LOCATION AND INSPECTION

During the rental period, the lessee shall keep records of the current location of the rented item and all maintenance and repair work carried out on it. The lessee shall permit A.T.L.-Renting to inspect these records and to inspect the rented item at any time. The lessee shall not take the rented item outside the national borders specified in the insurance.

PERSONAL DATA

All signatories to this contract declare that they have been informed that their personal data will be stored by A.T.L.-Renting exclusively for the purpose of administering the contractual relationship.

JURISDICTION / APPLICABLE LAW

For all disputes relating to this contract and its performance, the courts in Wuppertal have exclusive jurisdiction. This contract and all related aspects (formation, interpretation, performance, termination, etc.) are governed exclusively by German law.

PLACE OF PERFORMANCE / WRITTEN FORM

The place of performance is our registered office. The entire contract is subject to the written form. This also applies to any waiver thereof. Telephone and oral agreements require written confirmation in order to be valid, which both parties undertake to provide.

Questions?

ATL Renting GmbH, registered at Am Forsthaus 49b, 52511 Geilenkirchen.

If you have any questions about this or anything is unclear, please feel free to contact us: info@atlrenting.de.

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