- General Terms and Conditions
These General Terms and Conditions shall apply to the contracts to be executed by the following company using the Zippy7 Autorent brand name (hereinafter referred to as the Lessor):
Zippy7 Autorent GmbH
Reichsstraße 4 (2) 2401 Fischamend / AUSTRIA
The Lessor leases to the Lessee (hereinafter referred to as the Lessee), the person named in the Individual Motor Vehicle Rental Contract (hereinafter referred to as the Individual Contract), the motor vehicle, specified in the Individual Contract (hereinafter referred to as the Rental Car) subject to the following terms and conditions:
I. General Terms
1. The Lessor and the Lessee (together referred to as the Contracting Parties,) by signing the Individual Contract, undertake mutually to comply with the provisions of said Individual Contract and this General Terms and Conditions – always in their version in force when the Individual Contract is entered into – (hereinafter referred to as “GTC”) forming and appendix and inseparable part of the rental contract (Individual Contract and GTC together hereinafter referred to as the Rental Contract).
2. The Rental Contract shall come into existence upon signing thereof by the Contracting Parties. No representations or amendments concerning the Rental Contract and the GTC – hereinafter together referred to as the Contract –, including the own general contract terms and conditions of the Lessee, shall be valid unless expressly accepted by Lessor and made in written form.
3. In the event of the inclusion by the Lessee of any false data in the Rental Contract, or the non-compliance by the Lessee with the provisions included in the Rental Contract, the Lessor shall be entitled to terminate the Rental Contract with immediate effect.
4. If the Lessee is not a natural person, the Rental Contract may be signed on behalf of the Lessee as a legal entity by a person or persons, being in the possession of an extract from the company register and a specimen signature, or any similar documents proving the incorporation and/or existence of such legal entity, and the identity and signature of the person(s) entitled to act on behalf of the legal entity in question. When this is not the case, the signatory of the Rental Contract shall be considered being made for the private person as Lessee.
5. The Lessor shall be entitled to terminate the Rental Contract with immediate effect in the event that:
a) the Lessee breaches the Rental Contract in any way;
b) the Lessee fails to comply with its payment obligations set forth in the Rental Contract by within the prescribed deadline, (and fails to settle the same despite the written notification by the Lessor immediately upon receipt of such notice, either), or the necessary cover is not available on the bank card provided by the Lessee for the fulfillment of its payment obligations (e.g. in case of extension etc.).
c) the Lessee fails to return the Rental Car – without justification – within 24 hours upon termination of the Rental Contract.
6. The Parties set forth that the Lessor shall be entitled to exercise its right of termination based on the reasons specified in Clause 5 of the Rental Contract by unilateral written declaration sent to the address for service given by the Lessee in the Rental Contract. The Lessor at the same time shall give short notice as well of the sending of such termination to the Lessee’s contact address set forth in the Rental Contract, as well. The termination by the Lessor shall be valid even in case due to any reasons the Lessee cannot be contacted at the address given by the Lessee; failing to do so shall not affect the validity of the written termination of the Contract.
7. The Lessee acknowledges that should the Rental Contract be terminated for any reasons (notice, expiry or any other reason) the Lessee shall return the Rental Car to the Lessor by the deadline provided for in the Rental Contract.
Furthermore, the Lessee also acknowledges that should the Lessee fail to return the Rental Car, or extend the Rental Contract, and to justify the delay, respectively, within 24 hours upon termination of the Contract, the Lessor shall be entitled to take the following measures – either acting on its own authority if necessary – without further notice immediately:
a, to take possession of the Rental Car by any legally allowed means;
b, to report it to the police, or to ask for measures to be taken by the police or other authorities, if necessary. In such case, the Lessor shall be entitled to presume that the Lessee has committed a criminal act, and shall be entitled to have a warrant issued.
The Lessee shall bear all costs possibly arising in association with such measures.
8. Details of car rental costs, and the fees, charges, compensation and costs payable by the Lessee, in excess to car rental costs are set out in the price list annexed to the GTC(“PriceList”), always in its version in force when the Individual Contract was entered into.
II. Use of the Rental Car, and the Lessee’s Liabilities and Obligations
1. The Rental Car may only be driven by the Lessee him/herself, who is at least 21 years old and possesses a minimum 1-year-old driving license, written in Latin characters, or by a person, designated in the Rental Contract, meeting the same conditions. The Lessee shall undertake full and exclusive responsibility for the condition of the motor vehicle when returning it, even in case the motor vehicle is driven by another person, named by the Lessee. A driving license, printed in non-Latin (Arabic, Chinese, Japanese, Cyrillic, etc.) characters shall be valid together with an international driving license only.
2. The Lessee acknowledges that the use of the Rental Car shall be prohibited in the following ways and for the activities set forth below:
a) To drive under the influence of alcohol or drugs, or to let another person to drive under the same influence.
b) To commit indictable offenses with the Rental Car, especially to use it for freight transport contrary to the customs rules or for illegal passenger transport.
c) Smoking in the Rental Car is prohibited, in case of the infringement thereof (tobacco smoke odour is perceptible, tobacco ash residues in the passenger compartment etc.) the Lessee shall pay to the Lessor a flat rate compensation (according to the PriceList) when returning the Rental Car. The Lessee shall make good all further damages caused by smoking.
d) The use of the Rental Car for racing and/or for testing purposes or training related thereto, or for towing another vehicle.
f) Use of the Rental Car for providing business-like transport services for passengers or goods.
g) Renting out the Rental Car to any third parties, or the provision of any possibility of use by third parties of the Rental Car without prior written consent of the Lessor.
3. Border crossing with the Rental Car, regardless of which country the Rental Car was received in, will only be allowed with the previous written consent of the Lessor and subject to the payment of special charge. In case of unauthorized border crossing the Lessee shall pay a surcharge (according to the PriceList).
4. Scope of Legislation to be Complied with by the Lessee, and the consequences of the infringement thereof
Until the return of the Rental Car to the Lessor the Lessee shall:
a) comply with both the local and foreign legislation, especially but not exclusively, the provisions included in the traffic regulations (Highway Code etc.).
b) During the rental, the Lessee shall act with generally expectable care, and operate and use the Rental Car with proprietary solicitude.
Except for the items specified in the Rental Contract, the Lessee shall bear all costs arising from the use of the Rental Car (e.g. fuel costs, parking charges, tolls, garage rents, fines, etc.), and undertake liability for damages associated with the possession and use of the Rental Car (e.g. impairment of the Rental Car, damages caused in the Rental Car by any third party, etc.) during the term of the Rental Contract or until the return of the Rental Car to the Lessor.
The Lessee acknowledges and expressly agrees that the Lessor shall be entitled to enforce against the Lessee fines, surcharges, damages etc. arising from the aforesaid events, and they are payable by the Lessee in the same manner as provided for the collection of the rental fee, even following the termination of the rental, as well.
The Lessee acknowledges that the Lessor shall handle his/her data within the limits of the legislative authorisation and shall not disclose those unless it is necessary – in case of the imposition of administrative fines, enforcement of parking fees, surcharges, request of any authority concerning the person who has committed any traffic offenses Lessor is expressly authorized to deliver such data to any competent authority, and charge Lessee an extra administration fee (according to PriceList).
III. Rental Term, Handing over and Returning the Rental Car
1. The Rental Contract shall comprise the rental term, as well as the time of commencement and end of the rental.
2. The rental term shall be minimum 24 hours, or the multiple thereof. When returning the Rental Car, in case of a delay exceeding 1 hour, the Lessor will charge a further rental fee of one full day that the Lessee shall pay. A Rental Fee for one full day has to be paid also as Rental Fee if the rental term is less than 24, as well.
3. At the commencement time of the rental period the Lessor shall hand over to the Lessee the Rental Car together with all documents and necessary accessories thereof. The Rental Contract, an appendix of which is the Motor Vehicle Condition Report, comprising also information as regards the condition of the car, as well as any possibly available supplementary agreements and information materials, shall be signed not later than at the time of handing over the Rental Car.
4. The Lessor shall endeavor to perform the Rental Contract with expectable care, however may not be held liable neither in case of delay occurring when handing over or returning the car nor in case of the frustration of the Rental Contract.
5. Upon expiry of the rental term, set forth in the Rental Contract, the Rental Car, as well as the equipment, accessories and documents thereof shall be returned at the Lessor’s place of business, specified in the Rental Contract, at the time specified therein, in clean and generally proper condition.
6. The Lessee shall return the Rental Car with a fuel level equivalent to the fuel level at the time of the handing over. In case of missing fuel the Lessee shall pay the price of the missing quantity to the Lessor. The Lessor will either refuel the motor vehicle, the cost of which, together with the administration fee (according to PriceList), shall be charged and borne by the Lessee, or determine the missing quantity on the basis of the value shown by the fuel level indicator and the fuel tank capacity specified by the manufacturer of the vehicle, and in such case it shall be charged to and borne by the Lessee (according to PriceList).
7. When returning the Rental Car the Lessor will inspect:
a) the Rental Car and the accessories thereof; then
b) record any new injuries, damages and deficiencies that possibly occurred; and
c) the presence or absence of the documents belonging to the Rental Car.
The Lessee shall undertake full liability for damages for the new injuries, damages and deficiencies of the Rental Car (e.g. documents, license plate, ignition key, etc.). The Lessee’s financial responsibility arising therefrom may be reduced or eliminated only in cases provided for in the Rental Contract (e.g. by way of purchasing extra insurance).
8. If the ignition key and/or the registration certificate is returned with delay as compared to the return date of the Rental Car, in case of a delay exceeding 1 hour the Lessee shall be responsible for the reimbursement of fees and costs according to and as set forth in sections III./13 and 14 of this GTC.
9. If at the time of returning the Rental Car the Lessee returns it in dirty condition, or any other circumstances arises (e.g. returning at night, or in a garage, or in premises without lighting) on account of which the Lessor is unable to examine the Rental Car when returning it, the Lessor shall be entitled to repeat the vehicle health check on the Rental Car within 24 hours following the return thereof without the presence of the Lessee, as well. The Lessee’s financial responsibility and liability for damages shall continue to exist even if the Lessee is unable (because he/she is not present) or unwilling to sign the return declaration concerning the Rental Car, when returning it. If any injury or damage has occurred in the Rental Car that, due to its nature, cannot be detected when returning it (e.g. running gear or motor damage, etc.), the Lessor shall have the possibility to enforce its right to charge the costs of repair of such injury or damage towards the Lessee within 72 hours following the discovery by the Lessor of such damage by sending a written notice to his/her electronic mail address(or by postal mail), specified in the Rental Contract.
10. The Lessor shall be entitled to carry out a vehicle health check on the Rental Car within 24 hours after closing the rental, and as regards of defects, occurring as a result of the Lessee’s fault or due to any reasons attributable to the Lessee’s omission/negligence, the Lessee shall pay to the Lessee all repair costs, damages and other charges, certified by the Lessee with repair calculation, invoice, or damages expert’s opinion, subject to the terms and conditions of the Rental Contract.
11. When handing over the Rental Car, the Contracting Parties shall certify the condition of the Rental Car, existing at the time of handing over, by their signature put to the form to be applied for such purpose, so, if according to it any new injury or damage has occurred in the Rental Car until the time of return, and the Lessor has laid down it at the time of return – or within 24 or 72 hours in cases referred to above – in a written record, the Lessee shall pay the compensation, excess and other charges due to the Lessor under the Rental Contract.
12. The Lessee may request the extension of the rental term, or extra services in writing only, not later than 24 hours before the expiry of the rental. The Lessor shall declare in writing that it approves the extension of the rental term, as well as the provision of extra services. In case of extension the Lessee shall undertake to settle the Lessor’s effective rental fee, corresponding to the Rental Car category, according to the PriceList forming an attachment of the GTC, and/or published on the www.zippy7.com website, for the period of such extension. If extension is requested, the Lessor shall be entitled to call upon the Lessee to show the Rental Car. Any possible costs related thereto shall be borne by the Lessee. The Lessor shall be entitled to reject the request for extension without justification; however the Lessee may not raise any claim for compensation as regards thereof. Should the Lessor reject the request for extension and fail to send a written confirmation of the acceptance of extension, the Rental Contract will be terminated on account of expiry, and the Lessee shall return the Rental Car to the Lessor at the place and time specified in the Rental Contract. The request for and approval of extension shall be deemed to be made in writing also in form of electronic mail or telefax message.
13. Should the Lessee return the Rental Car after the return deadline without the Lessor’s consent, the Lessee shall pay to the Lessor fee for the use, the amount of which shall be the double of the Lessor’s effective daily rental fee, corresponding to the Rental Car category, according to the PriceList forming an attachment of the GTC, and/or published on the www.zippy7.com website, for the period between the expiry of the Rental Contract and the return of the Rental Car.
14. In case of return with delay or extension without consent, the Lessee shall become responsible for all damages arising in the Rental Car following the expiry of the Rental Contract. In such a case – if the Rental Contract comprised any extra insurance – the insurance will be terminated, consequently the Lessee shall reimburse the amount of all the damages (breakage, theft, etc.) occurring in the Rental Car. In addition to the aforesaid, the Lessee shall reimburse all costs of the Lessor arising from the late return of the vehicle (transport and quest of the Rental Car, penalties) and the Lessor’s lost profit. The Lessee expressly acknowledges that if the Lessee does not return the Rental Car to the Lessor despite his/her obligation set out in the Rental Contract, the Lessor is entitled to take back the Rental Car from the Lessee immediately by using a spare key.
15. Following a preliminary consultation the Lessor may provide the opportunity to hand over or return the Rental Car outside of the working hours of the Lessor’s place of business, the additional charge for this service is indicated in the PriceList.
IV. Helpdesk, Assistance Services
1. The Lessor shall provide Assistance Services to the Lessee for the rental period, upon request of the Lessee, subject to the terms and conditions of the Rental Contract and in return for charges set forth in the Rental Contract (according to PriceList).
Standard Assistance Services:
It will cover the 0-24 availability of the emergency number and the organization of necessary services in cases set forth below. The Lessee shall reimburse the costs of services and car parts ordered through such telephone number, certified with invoices or repair calculations.
Premium Assistance Services:
It will cover the 0-24 availability of the emergency number and the organization of necessary services in cases set forth below. The Lessee shall undertake the reimbursement of the costs of services and car parts ordered through such telephone number up to the following amounts:
– Transport costs up to the gross amount of EUR 700;
– Repair costs, if the Lessee’s responsibility can not be established as regards the defect;
– 5 litres fuel (95 octane petrol, or diesel).
2. The Lessor will provide Premium Assistance Services for the Lessee in the territory of Austria.
3. The Lessee may order assistance within the frame of the Assistance Services only and exclusively through the +43 664 153 1883 telephone number.
4. The Lessor shall provide assistance as regards the request for assistance reported through the +43 664 153 1883 telephone number within the following time limits:
In the territory of AUSTRIA: within 12 hours;
In case of calls incoming outside working hours such time limits shall apply from 8:00 a.m. on the next day.
5. The Lessor shall provide assistance within the frame of services in the following cases:
a) In case of a traffic accident, the Lessor shall organize the transport of the unserviceable Rental Car, provide replacement Rental Car (if other conditions render it possible) and advise..
b) In case of technical failure, the Lessor shall organize the repair and/or the transport of the unserviceable Rental Car, provide replacement Rental Car (if other conditions render it possible) and advise
c) In case of empty fuel tank, the Lessor shall provide assistance to the delivery of 5 liter fuel (95 octane petrol, or diesel) to the Rental Car and to the filling of the tank with it.
d) In case the ignition key is lost or closed in the Rental Car, the Lessor shall provide assistance to the delivery of spare ignition key to the Rental Car making it serviceable with it.
e) In case of puncture, the Lessor shall provide assistance to the delivery of spare tyre to the site (if necessary), to the transport of the Rental Car (if necessary), and fitting the tyre.
6. If the ignition key of the motor vehicle is lost or damaged the Lessee’s liability shall continue to exist according to section V./7.
7. Should the Lessee decide not to purchase additional assistance services (Standard or Premium) when taking over the Rental Car, the Lessee shall pay to the Lessor the fee (according to PriceList) for the organization of any assistance services ordered by the Lessee (through telephone, in writing or face to face) subsequently, furthermore the Lessee shall reimburse all costs incurred by the Lessor as regards the organization and provision of any assistance services, transport, servicing or parts.
1. The Rental Fee, specified in the Rental Contract, always includes the premium of the obligatory third party liability insurance required by law.
2. The Rental Fee will contain extra insurance* (CDW, SCDW, TP) as regards breakage and theft only in case such fact has been indicated in the Rental Contract. In case of damages covered by Extra insurance* the Lessee’s liability extends only to the deductible specified in the Rental Contract, except for the cases set forth in the Rental Contract. The Rental Contract shall provide for the limit of deductible. Such deductible may be multiplied and is to be paid as many times as many times injuries occur in the Rental Car as a result of different damage claims. If the Rental Fee does not contain extra insurance*, or the company providing the insurance does not reimburse the Lessor for the damages due to any reason attributable to the Lessee (e.g. drunk driving, etc.), the Lessee shall reimburse the full value of the damage that occurred in the Rental Car. In case of total loss, the deductible shall be equal with the excess to be paid in case of car theft.
3. The Casco insurance shall be invalid in case of any breach of contract, communication of any false or misleading data, as well as if at the time of the occurrence of damage the Rental Car was not driven by the person named in the Rental Contract. In such case the Lessee shall bear responsibility for full compensation.
4. The extra insurance does not extend to glass damages (gravel impact damage, cracks, shattering), rim damages and tyre damages, occurring in the Rental Car, as well as to the damages occurring in the interior and luggage compartment of the Rental Car, or the damages occurring on the bottom plate and in the parts underneath thereof, not arising from accident, as well as the abandoned or lost accessories. The Lessee shall reimburse such damages, as well as the relevant administration charges, listed in Section VIII. 4. m, hereof to the fullest extent. In the aforesaid cases the Lessee’s liability may be mitigated by the purchase of specific insurance policies.
Such policies may be taken out only and exclusively at the beginning of the rental, for the entire rental period.
5. In case of leaving the Rental Car unattended even for any short period of time whatsoever, the Lessee shall make sure that no valuables remain in the Rental Car. Otherwise, in case of breaking into the car, the Lessee shall bear all costs of damages occurring in the Rental Car, and the insurance shall become invalid. The Lessor shall not be held liable for the theft of the Lessee’s belongings, or the damaging thereof by any third person.
6. In case of theft damage, the Lessee shall undertake full responsibility for damages, even if the Rental Contract contained insurance for theft, if the Lessee failed to return to the Lessor the registration certificate and the original keys of the Rental Car, or had a copy made of the Rental Car’s key. In case of indemnification resulting thereof, the Lessee shall reimburse to the Lessor the value of the Rental Car to be determined by official EUROTAX evaluation.
7. In case of losing the ignition key of the Rental Car, the Lessor shall notify the Lessor without delay, otherwise the Lessee shall undertake full liability for damages. Following the notification by the Lessee, the Lessor shall make arrangements for the replacement of the lock of the Rental Car, and for the procurement of a new ignition key; the Lessee shall reimburse all relevant costs.
8. Should any case of damage or injury occur to the Rental Car attributable to the Lessee’s fault, the Lessee shall bear the costs of transporting the Rental Car (towing, breakdown service, etc.).
9. Upon the occurrence of a case of damage, the Lessor shall determine the amount of damage caused, and accordingly the amount of compensation (e.g. the excess) payable by the Lessee, on the basis of the documents certifying the costs of repair and restoration associated with the damage, as well as of the experts’ opinions, invoices, the relevant repair calculations, or price quotations. Already upon signing the Rental Contract, both parties accept the objective compensation items included in such document. The Lessee’s liability for damages shall continue to exist even if the Lessor decides not to repair the injury that occurred in the Rental Car (e.g. sells the damaged Rental Car, or has it repaired later on, etc.).
VI. Lessee’s behavior in Case of Accident and Other Case of Damage
1. Whenever any damage has occurred in the Rental Car or any other event has occurred, as a consequence of which the Lessor incurred or might incur any damage or any other payment obligation, the Lessee shall
a) inform the Lessor immediately;
b) ask for police measures;
c) ask the police arriving on the scene to take a record of the incident;
d) provide for the safeguarding and placement of the Rental Car at Lessor’s expense, subject to prior consultation with the Lessor.
The Lessee shall give to the Lessor a copy of the police record taken.
2. The Lessee may not make any statement as regards the case of damage to any third party on behalf of the Lessor without the Lessor’s written consent. The Lessee may not come to agreement, or make any statements or declaration of liability as regards the case of damage. Only the Lessor shall be entitled to initiate any rescue and repair measures which may be required.
3. In case of traffic accident, the Lessee shall properly complete a European accident statement (blue-yellow) and have it signed by each of the parties. In case the damage has occurred abroad, in addition to the aforesaid, the certificate of the foreign insurance of the party causing the damage shall also be attached (if the damage was not caused by the Lessee).
4. The Lessor undertakes to make a detailed accident report for the Lessor without delay not later than within 24 hours following the case of damage, as well as to cooperate with the Lessor as regards the administration necessary for the loss settlement by the insurance company (e.g. to complete the motor vehicle accident statement).
5. If the Lessee fails to comply with the aforesaid, the Lessee may be held financially liable to the fullest extent, and the insurance will become invalid even if the Rental Contract included an extra insurance).
6. If the Lessee fails to submit the documents necessary for the loss settlement within 24 hours following the occurrence of the case of damage, it shall reimburse the Lessor for all losses arising from the delays in repair and loss settlement.
7. Following the receipt of the above mentioned documents, the Lessor shall determine whether the Lessee has to pay any compensation, and what amount of compensation is to be paid as a result of the damage that occurred in the Rental Car. The Lessor shall notify the Lessee thereof in writing at the address set forth in the Contract.
8. Should the insurance company refuse to pay any compensation at all, or pay a reduced amount of compensation as regards a case of damage, due to any reason attributable to the Lessee (e.g. drunk driving), the Lessee shall pay to the Lessor the damages not reimbursed by the insurance company.
VII. Breakdown of the Rental Car
1. The Lessor undertakes to bear the costs of repairing the defects occurring in the Rental Car, reported by the Lessee to the Lessor through telephone or in writing, provided that those occurred in the course of proper use (in compliance with the operational and traffic safety rules) Only the Lessor shall be authorized to have repairs done to the Rental Car, however the Lessee shall be allowed to have the Rental Car repaired, or any car parts replaced in an authorized car service workshop, without the specific consent of the Lessor, up to the amount of EUR 20. In case of replacing any car parts, the Lessee shall hand over the old car parts to the Lessor, otherwise the repair costs shall be borne by the Lessee.
2. In case of the failure of the Rental Car’s odometer, the Lessor shall be notified immediately, and the repair has to be done without delay according to the Lessor’s instructions.
3. The Lessee shall check the coolant level and the motor oil level of the Rental Car periodically, and report any possible problems concerning the coolant level, as well as the motor and transmission oil (leaking, freezing, etc.), arising during the rental. The Lessee shall be responsible for any damages occurring in the Rental Car due to the use of the Rental Car after the coolant or the lubricating oil has been leaked or frozen.
4. The Lessee undertakes to put the Rental Car at Lessor’s disposal for the time of inspection and maintenance service recommended by the manufacturer. The Lessee shall notify the Lessor when the service interval of the Rental Car has reached its limit.Should the Lessee be not aware whether when the Rental Car will reach such service interval limit, it shall ask the Lessor about is.
5. The Lessor shall not be held liable for any disadvantageous consequences suffered by the Lessee resulting from the failure, the improper, or inaccurate operation of the Rental Car or the accessories thereof.
VIII. Responsibility of the Lessee
1. The Lessee acknowledges that he/she shall undertake full liability for damages towards the Lessor as regards the injuries occurring in the Rental Car, if:
a) the Lessee drove the Rental Car under the influence of alcohol, drug and/or any other possibly narcotic remedies, furthermore
b) the Rental Car was not driven by the person indicated in the Rental Contract;
c) another vehicle was towed by the Rental Car, or
d) the Rental Car was used for car race, off-road tours, or in any other improper manner.
2. The Lessee acknowledges that he/she shall pay the following costs and charges incurred during the possession of the Rental Car:
a) any fines imposed on the Rental Car;
b) any charges incurred in the course of using the Rental Car (parking tickets, speeding tickets, road tolls, etc.), as well as the administration fees related thereto, or shall reimburse the same subsequently should a notification of any fine arrive subsequently.
3. The Lessee shall use the Rental Car with fuel meeting the requirements concerning the engine of the Rental Car (diesel or minimum 95 octane petrol). To refuel a gasoline-operated vehicle purely with bioethanol/ethanol, or a diesel vehicle purely with biodiesel fuel is strictly PROHIBITED! The Lessee shall undertake full financial responsibility for any damages arising from the use of inadequate fuel. In case of non-compliance with the aforesaid, the Lessor shall be entitled to invoice towards the Lessee a non-recurring compensation of EUR 100, in addition to the incurred repair costs and administration fees.
4. The Lessee shall undertake full and unconditional liability for damages as regards all losses suffered by the Lessor on account of the non-compliance or the misapplication of the terms and conditions included in the Rental Contract.
IX. Payment and Financial Conditions
1. The Rental Contract shall be concluded on the basis of tariffs included therein (according to PriceList). The rental contract shall comprise the rental fee, the payable costs, and in case of certain rental types, in addition to the aforesaid, the amount of security deposit, as well as the way of payment thereof.
The security deposit serves as collateral for damages possibly caused by the Lessee to the Lessor, as well as for the Lessee’s other debts. At the end of the legal relationship the Lessor shall settle accounts as regards the security deposit towards the Lessee, except for the case of damage. The Lessor shall not pay interest on the security deposit.
In case of payment to be performed via credit card, the amount of security deposit shall be blocked on the Lessee’s account – subject to the Lessor’s consent – upon pre-authorisation request submitted to the Lessor’s acquirer.
Failing to any agreement to the contrary, the Lessee shall pay the rental fee and costs, as well as the possible security deposit in advance or provide those through debit or credit card as deposit. The rents and other charges are included in the Rental Contract (according to PriceList). The amounts of the fees, costs and deposit are listed and payable in Euro.
2. The rental fees, costs and any service charges, paid in advance, are not refundable, even in case the Lessee decides not to receive the services or returns the Rental Car prior to the end of the rental term
3. The Lessor shall not pay interest to the Lessee on the security deposit placed with the Lessor, or for the transaction initiated by it as regards the blocked amount (deposit). Upon termination of the Contract and the settlement with the Lessee, if the Lessee has fulfilled his/her payment obligations to the fullest extent, the Lessor shall initiate the dissolution of the blocked amount on the bank card (deposit) by its financial service provider and the security deposit. The Lessor shall not be held liable for the factual time of dissolution of the blocked amount or security deposit by the Lessee’s financial institution.
4. By signing the Rental Contract, the Lessee irrevocably authorizes the Lessor to debit the Lessee’s bank, debit or credit card with the amount of claim, or submit a debt collection as regards the Lessee’s bank or credit card attached to the bank, debit or credit account in order to recover the Lessor’s claims (see the details in Section VIII/4 hereof). Should the aforesaid fail to result in success, the Lessor may initiate legal proceedings, liquidation proceedings or enforcement proceedings in order to recover its claims.
5. The following payment obligations shall be incurred by the Lessee and/or the Lessee shall be subject to the following payment obligations or liability for damages, respectively:
a) The Rental Fee concerning the Rental Car and the accessories thereof under the Rental Contract, as well as other any fees related to the rental, respectively;
b) In case of failure to pay or late payment of the fee, all legal, judicial, recovery and other costs, as well as the default interest specified by the Austrian Civil Code (ABGB);
c) costs incurred by the Lessor as regards the preparation for and attendance at the court hearing (labour costs, preparation, compilation of case files) in Austria: EUR 200 + VAT per hour.
d) the delivery and return fees, unless otherwise provided for in the Rental Contract:
In case of rental in Austria
– within the territory of Vienna EUR 30,- (VAT included) flat rate EUR
– outside the territory of Vienna EUR 30,- (VAT included) basic rate plus EUR 1,2 (VAT included) / km
– outside the territory of Austria EUR 1,5 (VAT included) / km plus to the national border as set forth above
e) in case of rentals with limited mileage, unless otherwise provided for in the Contract, the payable surcharge of a net amount of EUR 0,3 (VAT included) per each kilometer of excess mileage. In case of rentals exceeding 30 days, unless otherwise provided for in the Contract, the mileage exceeding 3.000 kilometers shall be considered excess mileage.
f) the excess concerning the case of damage that occurred in the Rental Car, as well as the reimbursement obligation concerning any accident, theft or any other damages specified in the Contract.
g) the fee for cleaning (according to the PriceList) the Rental Car, irrespective of the degree of contamination, if the Rental Car is returned in more contaminated condition than generally expected. When transporting animals, the cleaning fee shall be charged in all cases.
h) if any damage occurs in the upholstery and seat covers of the vehicle a flat rate fee (according to the PriceList) of compensation, irrespective of the degree of damage,
i) the parking fees, road tolls and other charges, as well as any other penalties or fines imposed in connection with the use of the Rental Car.
j) in case of fuel missing when returning the Rental Car, the price of the missing fuel, as well as the refueling surcharge (see also Section m.).
k) surcharges payable as regards the losing any accessories, rented car extras, the documents and any other papers of the Rental Car, as well as the costs related to the replacement thereof.
l) compensation for damages occurring in the Rental Car, or in any accessories thereof as a result of the improper use of the Rental Car, or the breach of Contract, or for any other damage caused, and the deductible to be paid under the insurance policy, on the basis of the repair invoice, repair calculation or any other calculation, price quotation or invoice.
m) the value added tax (VAT), as well as other taxes and duties, which are payable according to the law, included in the charges specified above. All the charges due to the Lessor, specified in this GTC, shall include the amount of VAT, unless otherwise indicated.
n) The Lessee shall also pay to the Lessor a further administration fee (according to the PriceList), in addition to the payment obligations, specified in sections g, h, i, and j above, on account of administration of the aforesaid cases by the Lessor.
o) The Lessee shall also pay to the Lessor a further administration fee (according to the PriceList), in addition to the payment obligations, specified in sections f, above, on account of administration of the aforesaid cases by the Lessor.
p) The Lessee shall pay to the Lessor a further administration fee (according to the PriceList) in addition to the payment obligation specified in section k above, on account of administration of the aforesaid cases by the Lessor.
q) The Lessee shall pay an immobilization fee, if the Lessee causes any damage in the vehicle, should it concern either the external, internal, structural or mechanical parts thereof. Such immobilization fee shall serve as the compensation for damages as regards the Lessor’s loss of profit resulting from the unsuitability of the vehicle for rent on account of the damage thereof. Such immobilization fee shall be a daily fee, to be determined by the Lessor on the basis of the number of days according to the time required for the repair in case the vehicle is damaged. The Lessor shall determine the required time of the repair on the basis of documentary evidence, or expert’s opinions, invoices, repair calculation or price quotations. The rate of such immobilization fee is indicated in the Price List.
r) If when picking up the Rental Car the Lessee fails to inform the Lessor of its desire to return it outside its office, and fails to pay the relevant fee, the Lessor shall charge the transport cost, specified in section c, which shall be paid by the Lessee.
s) If total damage to the Rental Car or the theft of the Rental Car occurs for reasons attributable to the Lessee, the Lessee shall pay a deductible of EUR 2800. The Lessee expressly acknowledges that this payment obligation exists regardless of which insurance is chosen by the Lessee.
6. The Lessee expressly acknowledges that if a fine is imposed on him/her or he/she causes damage to the Rental Car and fails to meet his/her payment obligation on time despite the Lessor’s two consecutive payment requests, the Lessor is entitled to debit the Lessee’s credit card with the amount of the debt.
X. Handling of Data
1. The Lessee expressly agrees that the Lessor will record and store the data included in the Lessee’s personal documents until the last day of the sixth month following the termination of the legal relationship, subject to the provisions of the data protection law.
2. The Lessor undertakes to use the data, stored about the Lessee, exclusively for their contractual cooperation and for its own commercial interest. The Lessor shall not reveal the Lessee’s personal data to any third party with the exceptions set forth in the Contract. The Data Protection Policies of the Lessor, attached to the Rental Contract shall apply in all question of procession of personal data.
3. If the Lessee fails to return the Rental Car in case of the expiry, rescission, or any other kind of termination of the Contract, the Lessor shall be entitled to reveal the Lessee’s personal data to third parties and authorities.
4. The Lessee acknowledges that the Lessor will reveal the information concerning the Rental Contract, as well as the Lessee’s personal data to third parties, or authorities in the following cases:
a) to the Authority proceeding in case of any type of infringement or misdemeanor;
b) to organizations, proceeding in the course of collecting the rental and other fees, fines and surcharge payment obligations, associated with the use of the Rental Car, or to any legal or other entities entrusted by the Lessor with claims management and debt collection.
c) to the Insurance Company in the course of proceedings following a damage occurred in the Rental Car.
XI. Other Provisions
1. In case of Lessee’s any delay in payment towards the Lessor, the default interest specified by the Austrian Civil Code (ABGB) shall be paid; if the Lessee is a business entity, a flat rate recovery cost of EUR 40,- shall be paid to the Lessor.
2. The Lessor shall be entitled to resell, in unchanged form, not only its own services, but the services purchased by it, as mediated services.
3. The Contracting Parties declare that any disputes arising from the Rental Contract shall be governed by the Austrian law, except the conflict of laws international reference regulations.
The above points do not affect the Lessee’s obligation to comply with the local applicable law when traveling abroad.
4. The Contracting Parties set forth that should any provisions of the Rental Contract or this General Terms and Conditions be null and void, the validity of neither the remaining provisions nor the entire Rental Contract shall be affected thereby.
The Contracting Parties, following the reading and understanding of the Contract, have signed it as the one that is in full concord with their will.
Zippy7 Autorent GmbH
Valid from: 01.03.2022
PRICE LIST (VAT included)
fees, charges, compensations and costs excluding car rental costs
|Border crossing fee (per rental) EU: Slovakia, Hungary||25 EUR|
|Border crossing fee (per rental) EU-Schengen:||36 EUR|
|Border crossing fee (per rental) EU-non Schengen Croatia, Romania, Bulgaria:||60 EUR|
|Border crossing fee (per rental) Serbia:||100 EUR|
|Standard Assistance Services(GTC:IV/1.):||3 EUR||/day|
|Premium Assistance Services(GTC:IV/1.):||10 EUR||/day|
|Austrian vignette – motorway fee:||2,8 EUR||/day|
|Young driver fee(21-25 years old):||9 EUR||/day|
|Senior driver fee (over 70 years old):||9 EUR||/day|
|Child seat:||7 EUR||/day|
|Booster seat:||4 EUR||/day|
|Snow chain:||8 EUR||/day|
|Unlimited mileage fee:||9 EUR||/day|
|Second driver fee:||16 EURl||/rental|
|Out of hours fee:||60 EUR|
|Delivery fee in territory of Vienna:||30 EUR|
|Delivery fee territory out of Vienna:||30 EUR|
|Delivery fee territory out of Austria:||30 EUR|
CHARGES, COMPENSATIONS AND COSTS
|Smoking in the car surcharge(GTC:II/2/b.):||255 EUR|
|Unauthorized border crossing surcharge(GTC:II/3.):||500 EUR|
|Fuel shortage charge(GTC:III/6.):||2 EUR||/liter|
|Assistant services without pre-purchased Standard or Premium package(GTC:IV/7.):||100 EUR||/occasion|
|Cleaning fee – the Rental Car returned in contaminated condition(GTC:IX/5./g):||120 EUR|
|Surcharge for damaged upholstery and seat covers(GTC:IX./5./h):||360 EUR|
|Administration fee – the parking fines, road tolls and other charges etc.(GTC:IX./5./n):||15 EUR||/occurrence|
|Administration fee (GTC:IX./5./o):||50 EUR||/occurrence|
|Administration fee (GTC:IX./5./p):||65 EUR||/occurrence|
|Immobilisation fee(GTC:IX./5./q):||20 EUR||/day|
|Administration fee (GTC:IX./6.):||15 EUR||/occurrence|
Park & Fly General Terms and Conditions
I. Scope of application / Preamble
- These General Terms and Conditions of Zippy7 Autorent shall apply to the storage of cars, the transport of the customer to the airport Vienna/Schwechat, his return transport from there to the premises, as well as all other services rendered to the customer.
- Deviating provisions, including those contained in the general terms and conditions of the client or customer, shall not apply unless expressly accepted in writing by Zippy7 Autorent.
II. Conclusion of contract
- In response to a booking request from the client, a contract for the requested and confirmed services is concluded with the corresponding booking confirmation from Zippy7 Autorent GmbH. In the case of telephone enquiries, reference to the applicable GTC will be made by telephone, in the case of enquiries by email by auto-answer and in the case of online bookings via the booking system. The GTC can be viewed and downloaded/printed from the Zippy7 Autorent website (www.zippy7.com).
- Contractual partners are the customer and Zippy7 Autorent. If a third party makes the booking for the client, he is liable to Zippy7 Autorent as the client together with the client as joint and several debtors for all obligations arising from the contract, provided that Zippy7 Autorent has received a corresponding declaration from the client. Irrespective of this, each orderer is obliged to pass on to the customer all information relevant to the booking, in particular these General Terms and Conditions.
III. services, prices, payment
- Zippy7 Autorent is obliged to keep the services booked by the client ready in accordance with these General Terms and Conditions and to provide the agreed services.
- The client is obliged to pay the prices applicable or agreed for the agreed services. This also applies to services and expenses of Zippy7 Autorent towards third parties arranged by the client or the customer.
- The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfillment of the contract exceeds four months, and if the price generally charged by Zippy7 Autorent for such services increases, Zippy7 Autorent may increase the contractually agreed price appropriately, but by a maximum of 10%.
- The invoice of Zippy7 Autorent is payable immediately after receipt without deduction.
- Zippy7 Autorent may refuse to hand over the hired vehicle without prior payment of the invoice price.
- Zippy7 Autorent is entitled to demand a reasonable advance payment upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The client can only offset or reduce a claim of Zippy7 Autorent with an undisputed or legally established claim.
- Zippy7 Autorent grants the client a right of withdrawal at any time. The following provisions apply: In the event of a client’s withdrawal, Zippy7 Autorent is entitled to reasonable compensation. Zippy7 Autorent has the right to claim a cancellation fee of 50% of the agreed price.
- If the client cancels the booked service at least 24 hours before the agreed date of the start of the service, Zippy7 Autorent waives its right to claim compensation.
- The declaration of cancellation must be made in writing. Within this period, Zippy7 Autorent can also withdraw from the contract if there are enquiries from other clients and the client does not finally confirm the booking when asked by Zippy7 Autorent. If an agreed advance payment is not made within a certain period of time, Zippy7 Autorent is also entitled to withdraw from the contract.
- However, the client and Zippy7 Autorent are also entitled to withdraw from the contract for good cause. In addition, important reasons are in particular force majeure, considerable deterioration of assets since the conclusion of the contract or the opening of or application for insolvency proceedings against the assets of the client or Zippy7 Autorent as well as the justified concern of Zippy7 Autorent that the use of the booked services by the client will endanger the reputation of the company or the operational safety. The party exercising this right of termination must immediately inform the other party in writing before exercising the right of termination for good cause. A claim for damages is excluded in these cases. Discounted savings or promotional prices cannot be canceled or changed.
- The right of cancellation for consumers remains unaffected:
Cancellation policy for services:
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform Zippy7 Autorent, e-mail: firstname.lastname@example.org of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
The use of services and other offers of Zippy7 Autorent is at the own risk of the client.
Zippy7 Autorent is exclusively liable according to the legal regulations for damages resulting from injury to life, body or health, which can be traced back to a fault (intentional or negligent) of Zippy7 Autorent or a legal representative or vicarious agent) as well as for gross negligence in causing other damages, which are based on a grossly negligent breach of duty by Zippy7 Autorent or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent. Provided this is the case, the following provisions shall apply in addition (but with this limitation):
- Zippy7 Autorent will transport the Client to or from the airport as soon as possible. The Client is entirely responsible for the timing and time slots required. Any arrival times are non-binding, if the client travels independently to or from the airport, this is solely at the risk and expense of the client.
- Zippy7 Autorent is not liable for objects, in particular cash, banknotes, documents etc. which the client leaves behind in the vehicle.
- Zippy7 Autorent is not liable for damages caused by immissions, force majeure, internal and external unrest, war, game and any animal damage, damage caused by animal excrements and elementary forces of nature.
- The client is liable for damage caused intentionally or negligently to legal assets of Zippy7 Autorent or third parties on the premises of Zippy7 Autorent as well as for damage caused by persons or property brought onto the premises of Zippy7 Autorent by the client.
- Irrespective of fault, the client is liable for all damage caused as a result of technical defects by the vehicle brought onto the Zippy7 Autorent premises by him or by third parties commissioned by him (e.g. loss of oil, explosion). This also applies if such defects were not included in the status report on the vehicle or were previously unknown.
- The client assigns in advance his own claims against third parties or insurance companies arising from a damage event to Zippy7 Autorent, as far as Zippy7 Autorent itself is held liable for such a damage event.
- The parking of the vehicle on one of the parking spaces provided by Zippy7 Autorent is exclusively at the risk of the client.
- Zippy7 Autorent accepts no liability whatsoever in the event that damage is caused to a parked car during the parking period.
- Zippy7 Autorent is also not liable for fire damage or theft of the vehicle during the agreed parking period.
- Under no circumstances shall Zippy7 Autorent be liable for accidents caused by the driver or customer on the parking area resulting in damage to property and/or personal injury.
- Furthermore, Zippy7 Autorent shall not be liable for any damage to the Client’s luggage occurring on the company’s premises or in the course of the shuttle service provided.
VI. Conduct on the company premises
- The regulations of the Road Traffic Act (StVO) apply on the company premises.
- The customer shall observe the regulations specified by the traffic routing.
- Each client and his representatives must behave in such a way that any danger or damage to third parties is excluded.
- The instructions of Zippy7 Autorent, its employees or vicarious agents must be followed.
- The parking space is considered to have been properly handed over if any complaints are not immediately brought to the attention of Zippy7 Autorent.
- The client must park his vehicle in the designated parking space in such a way that unhindered parking in and out of the neighboring parking spaces is possible at all times.
- Insofar as a specific parking space is allocated to the customer, the customer is obliged to park his vehicle exclusively in the designated parking space.
- If the client violates the provision to park his vehicle on the assigned parking space, Zippy7 Autorent is entitled to move the incorrectly parked vehicle to the assigned parking space by appropriate measures at the client’s expense or, if necessary, to have it towed away at the client’s expense, especially in case of obstructive parking of the vehicle.
- The company premises and its facilities are to be treated with care and properly.
- In the event of damage, the costs incurred shall be charged to the customer after removal.
- The customer is prohibited from carrying out repairs on the company premises (exception: by authorized breakdown services), washing or cleaning vehicles, draining cooling water, fuel or oil or disposing of rubbish in the vehicle on the company premises.
- Contamination for which the customer is responsible must be removed immediately and properly by the customer. Otherwise, Zippy7 Autorent is entitled to remove these contaminations at the expense of the client.
- In case of contamination of the soil or groundwater, the removal must be carried out by an authorized specialist company at the expense of the client. In these cases, the customer has no right of self-execution.
- Staying on the company premises for purposes other than vehicle setting and collection, loading and unloading as well as during any waiting times for transport to Vienna/Schwechat airport is not permitted. Here, too, the instructions of Zippy7 Autorent, its employees and vicarious agents must be followed.
- By entering the company premises, the customer assures that the driver is in possession of the required driving license and that the vehicle has the legally prescribed insurance cover until it leaves the company premises.
- Upon request, the driver’s license and vehicle registration document must be presented to Zippy7 Autorent, its employees and vicarious agents. In appropriate cases, proof of sufficient insurance cover may also be requested. If the aforementioned documents cannot be presented, Zippy7 Autorent is entitled to refuse to fulfill the contract. In these cases the client has no claim for compensation.
VII. final provisions
- Changes or additions to the contract, the acceptance of the application or these terms and conditions should be made in writing.
- Unilateral amendments or supplements by the customer are invalid.
- Place of performance and payment is Zippy7 Autorent. Exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is Wiener Flughafen/Schwechat.
- However, Zippy7 Autorent is entitled to bring actions and other legal proceedings also at the general place of jurisdiction of the client.
- Austrian law shall apply.
- In all other respects, the statutory provisions shall apply.
Zippy7 Autorent GmbH