Terms and Conditions
1. Driving the Vehicle
1.1. Authorized Drivers
Whoever is aged 20 and over and possesses a driving license recognized by Switzerland is authorized to drive the vehicle. Individuals under a guardianship are not authorized to drive the vehicle.
1.2. Driving License
The Renter must present a valid driving license at the moment of pick up.
2. Vehicle Pick Up
2.1. Obligations of the Renter
The responsibility for the vehicle lies fully with the Renter from the moment the vehicle is picked up until it is returned. The Renter is obligated to check the vehicle at pick up and to report any defects to Awesome Rental Cars that are not listed in the rental agreement. With his departure of the place of pick up, the Renter confirms that he has received the vehicle in the condition agreed upon and undertakes to return the vehicle with all keys, spare tires, tools, car documents, car accessories, and equipment at the agreed location and agreed time of return.
If the customer does not accept the vehicle at the agreed date, Awesome Rental Cars is entitled to immediately withdraw from the contract. In this case the customer shall owe a flat-rate compensation of 3 monthly rates, however at least CHF 1,500.00. A further claim for damages cannot be excluded.
2.2. Condition of the Vehicle
The vehicle will be handed over to the Renter in a 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 the Renter as long as they do not impair the use of the vehicle. Any existing defects will be listed in the rental agreement. If the customer claims that the damage or impairment existed at the time of pick up, the burden of proof lies with the customer.
3. During the Rental Period
3.1. Ownership and Power of Disposition
Awesome Rental Cars provides the customer with the vehicle for use for the duration of the contract. During the entire term of the contract and service period, Awesome Rental Cars remains the owner of the vehicle and can dispose of it alone, unless the vehicle was financed by a bank/leasing. During the entire term of the contract, the lease-financed vehicle remains under the ownership of the lease-financing bank, which provides the lease-financed vehicle to the customer and is (remains) authorized to dispose of it. The customer is instructed and therefore obliged to receive, hold and exercise possession of the lease-financed vehicle exclusively for the lease-financing bank as the owner of the lease-financed vehicle. The customer agrees that the relevant address and contract data may be transmitted to the lease-financing bank/company and acknowledges that the lease-financing bank may disclose the leasing relationship at any time.
Furthermore, Awesome Rental Cars is entitled to perform or have an inspection of the (lease-financed) vehicle performed at any time. The customer is obliged to cooperate and herewith authorizes Awesome Rental Cars irrevocable access to the location of the (lease-financed) vehicle. Should the inspection reveal a conduct contrary to the rental agreement, the customer shall bear the associated expenses.
3.2. Smoking Ban
There is an absolute smoking ban inside the vehicle. If smoking in the vehicle occurs nonetheless, the Renter will be charged at least CHF 2000.-.
The driver shall bear any fines, penalties, and all other costs (in particular attorney’s fees, court costs or costs of proceedings as well as claims of third parties) in connection with violations of the law, offences or crimes as well as the corresponding proceedings and shall fully indemnify Awesome Rental Cars in this respect.
Parking fines are to be paid directly by the driver. In the event of speeding or other unpaid fines, Awesome Rental Cars is obliged to inform the police of the driver’s address and will charge the customer an administrative surcharge of CHF 20.-.
3.4. Journeys Abroad
Insurance coverage for journeys abroad is the same as in Switzerland. Journeys to countries of the European Union, Albania, Bosnia and Herzegovina, England, Macedonia, Montenegro, Norway, Serbia and Turkey are permitted. Journeys to all other countries are not allowed. The Renter shall be completely liable for all damages that occur to the vehicle on journeys to non-permitted countries as well as for the loss of the vehicle.
The Renter pays for all incurring motorway tolls, ferry tickets, and train loading tickets.
3.5. Use of the Vehicle
The Renter pays for the used fuel. The vehicle is for the exclusive use of transport for persons and their luggage as well as their personal items. The transportation of an animal is only permitted with the use of a mounted transport box in the vehicle. The Renter may not sell, pawn, gift, sublet, collateralize or offer the vehicle up for the purpose of car sharing. It is prohibited to use the vehicle for racing events, skidding training, driving instruction or similar activities as well as a driving school vehicle, tow truck or tractive unit.
The Renter must use the vehicle with care. Driving is only permitted on sealed roads. The Renter will be held liable for damages resulting from improper use (no comprehensive insurance cover).
3.6. Maintenance of the Vehicle
The Renter is obligated to check the oil and cooling water level of the motor on a regular basis and before long journeys. The respective requirements for these liquids can be found in the operating manual. If the Renter is not sure where which liquids must be refilled, he must contact the Awesome Rental Cars. The cost for the liquids must be paid by the Renter, if he has not made and come to an appointment in 5608 Stetten for a check (it is necessary to book an appointment). Any damages due to a non-compliance of these requirements will be charged to the Renter.
The customer is obliged to comply with all service without any gaps. If the service indicator lights up, the costumer is obliged to contact Awesome Rental Cars immediately. Awesome Rental Cars will organize the service for you. Awesome Rental Cars will bear the costs for the maintenance. The customer will bear the cost of any damage that occurs due to non-compliance with these obligations.
The maximum mileage and the cost for excess mileage is settled in the contract. The customer will be billed for excess mileage after the return of the vehicle and unused mileage will not be refunded. Changes to the contractually agreed maximum mileage per month may also be agreed upon at the customer’s request during the subscription period – in return for a corresponding adjustment to the subscription fees – provided Awesome Rental Cars agrees. In the case of excessive excess mileage, Awesome Rental Cars is entitled to interim billing during the duration of the contract. Awesome Rental Cars reserves the right to terminate the contract without notice in the case of excess mileage.
3.9. Repair of the Vehicle
The customer may not issue a repair order without prior approval of Awesome Rental Cars. Repairs to the vehicle, be they of technical nature or in the case of damage to the car body, may only be made in a repair shop authorized by Awesome Rental Cars.
If these obligations are not met, the customer will bear all resulting costs and subsequent costs.
3.10. Fuel / Misfuelling
The Renter will pay for the used fuel. The Renter will be billed the cost incurred by misfuelling including possible material and disposal costs. There is no insurance coverage for misfuelling.
4.1. Maintenance / wear and tear
The customer is obliged to check the tire pressure regularly and to ensure that the legal minimum tread depth of 1.6 mm is not undercut. If the tire approaches this tread depth, the customer must promptly inform Awesome Rental Cars. Awesome Rental Cars will organize and carry the cost of the tire change.
4.2. Seasonal Tires
The vehicle is standardly equipped with premium all-weather tires (snowflake symbol). If the Renter requests winter or summer tires, the terms regarding the seasonal tire change will be mentioned in the contract.
The tires are not covered in the insurance. Damages shall be borne by the Renter.
5. Vehicle Breakdown
For 24-hour Roadside Assistance please contact 0800 827 272 in Switzerland and +41 (0)58 827 27 22 in Europe. The breakdown report is to be handed in at the time of vehicle return. Repairs to the car body require the prior assent of Awesome Rental Cars. Awesome Rental Cars is not liable for any delays and costs in connection with a breakdown.
5.2. Accident / Damage / Theft
In the event of an accident or parking damage the blue accident report deposited in the glove compartment is to be filled in. Photos of the accident site must be taken. If there is any doubt concerning the accident cause, the police must immediately be notified. Any oral or written promises of payment made by the Renter to third parties remain without significance for Awesome Rental Cars. The Renter is obliged to report the accident, the damage, or the theft to Awesome Rental Cars within 24 hours. If a Renter does not report an incurred damage within this period or if he tries to cover up a damage or tries to deny the damage, although he has caused the damage, he is liable for any occurred disadvantages to Awesome Rental Cars. Awesome Rental Cars is not liable for any delays and follow-up costs resulting from an accident or a theft.
In the case of a total damage, an excessive number of damage claims or a theft, Awesome Rental Cars is entitled to terminate the contract without notice.
6.1. Liability Insurance
Deductible per claim for Drivers under the age of 25: CHF 1000.-.
Deductible per claim for Drivers over the age of 25: CHF 500.-.
6.2. Partial Cover
Deductible per claim: CHF 500.-.
6.3. Fully Comprehensive Insurance
Deductible per claim: as per contract agreement.
6.4. Parking Damage
As per contract agreement: Deductible per claim: CHF 0.-.
A maximum of 2 cases of damages per calendar year are insured. Damages such as small scratches or dents will be repaired after the vehicle return. Major damages are to be reported within 24 hours.
6.5. Gross Negligence
Included in the monthly fee as per contract agreement.
In the event that no insurance was taken out, the claims by the insurance company due to gross negligence will be charged in full to the Renter.
7. Payment Terms
7.1. Payment Conditions
The monthly payment is always to be paid in advance. The customer acknowledges that all payments under this contract must be made to the account of Awesome Rental Cars at Credit Suisse (Switzerland) AG.
The respective date is specified in the contract. The first monthly instalment is due within 5 days after the signing of the contract by the Renter. The reservation is only valid after the payment has been received.
If the monthly fee is not paid by the agreed date, the customer shall be in default. The first reminder will be sent by email with a payment period of 5 days. The second reminder includes a fee of CHF 30.-. The payment period is also 5 days.
The third reminder will be sent as a registered letter with the threat of termination of the contract (CHF 60.-). If the customer does not react, the contract will be terminated (CHF 500.-).
8. Return of Vehicle
The vehicle must be returned with a full tank, otherwise the Renter will be charged a convenience fee of CHF 30.- plus the cost of missing fuel.
The vehicle must be returned in a cleaned condition (car washed and vacuumed). Insect residues and stains in the car interior must be completely removed. Awesome Rental Cars reserves the right to charge the Renter a contribution to the expenses for non-compliance to this obligation. The vehicle is to be kept in a clean condition for the duration of the rental contract.
8.3. Date/Time of Return as per Contract
The vehicle is to be returned in 5608 Stetten at the agreed time unless otherwise stated in the contract. If the Renter breaches his obligation to return the vehicle at the agreed time, he will be charged compensation damages for the period between the contractual time of return and the effective return in the amount of the agreed upon monthly fee. In addition, the Renter shall owe expenses and lost revenues (the renting of a vehicle for the next customer, loss of rent). Further, Awesome Rental Cars reserves the right to retrieve the vehicle from the Renter and to charge the Renter for the cost of this expense. Awesome Rental Cars or the third party commissioned by Awesome Rental Cars, are authorized to enter the property, or building where the vehicle is located.
9. Contract Termination
Both parties have the right to terminate the contract without notice at any time for an important reason. An important reason is any serious violation of the contract.
9.2. By the Customer
The legal provisions are laid down in the Swiss Code of Obligations (OR) (short-term contract).
The subscription can be cancelled in the following exceptional circumstances:
- If the customer can no longer use the vehicle for health reasons, provided that the health condition is not temporary, which must be verified with a medical certificate
- If the customer has changed his residence to abroad
- If the customer has died or has been legally declared missing
In case of hardship Awesome Rental Cars is willing to be financially forthcoming.
9.3. By Awesome Rental Cars
Awesome Rental Cars reserves the right to terminate the contract without notice if the Renter does not comply with the payment requirements by the end of a grace period of 10 days (Art. 257d of the Swiss Code of Obligations). Awesome Rental Cars further reserves the right to terminate the contract for important reasons. Besides the legal reasons provided by law, further important reasons apply if the Renter has provided false or incomplete information. Awesome Rental Cars or the third party commissioned by Awesome Rental Cars are authorized to enter the property or building where the vehicle is located.
In the case of termination without notice, the customer is obliged to pay a contractual penalty, which is calculated as follows:
- for a subscription period of 3 to 5 months: 15% of the still pending monthly installments of the original contract
- for a subscription period of 6 to 11 months: 16% of the still pending monthly installments of the original contract
- for a subscription period of 12 to 17 months: 17% of the still pending monthly installments of the original contract
- for a subscription period of 18 to 23 months: 18% of the still pending monthly installments of the original contract
- for a subscription period of 24 to 35 months: 19% of the still pending monthly installments of the original contract
- for a subscription period of 36 to 48 months: 20% of the still pending monthly installments of the original contract
To the extent permitted by law, any and all liability by Awesome Rental Cars or the lease-financing bank is excluded, regardless of the liability basis. Should one or more conditions of the rental terms prove invalid this will not affect the effectiveness of the other conditions.
Set-off rights regarding claims pertaining to defects in the vehicle against claims of Awesome Rental Cars or the leasing-financing bank under this contract are excluded for the customer.
Swiss material law is exclusively applicable to the present agreement. Jurisdiction for any disputes arising from this rental agreement is the place of our registered office with reservation of divergent compelling legal jurisdictions.
Awesome Rental Cars GmbH
Im Stetterfeld 1
+41 (0)56/535 25 06
+41 (0)79/622 08 36
Place of Jurisdiction
June 1, 2023
Copyright Awesome Rental Cars GmbH