Terms and Conditions

Terms and Conditions of Auto-Abo

1. Vehicle Pick Up

1.1. 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.

1.2. 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.

2. Driving the Vehicle

2.1. 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.

2.2. Driving License

The Renter must present a valid driving license at the moment of pick up.

3. During the Rental Period

3.1. Ownership and Power of Disposition

During the duration of the contract and service time the ownership remains with Awesome Rental Cars and can freely dispose of such. As the owner of the vehicle Awesome Rental Cars is entitled to perform or have an inspection of the vehicle performed at any time. The customer is obliged to cooperate and herewith authorizes Awesome Rental Cars irrevocable access to the location of the vehicle. Should the inspection reveal a conduct contrary to the rental agreement the customer must carry the cost involved.

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 2,000.00.

3.3. Fines

These must be paid directly by the Renter. Unpaid fines will be charged to the Renter with a management costs surcharge of CHR 30.00. Speed camera fines are excluded.

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.

3.7. Service/Maintenance

The Renter is obligated to observe every single servicing appointment. If the service light goes on, the Renter is obligated to contact Awesome Rental Cars immediately. Awesome Rental Cars will organize the servicing appointment for the Renter. The cost for the maintenance will be carried by Awesome Rental Cars. The cost of fuel and the necessary number of kilometers to and from the car shop are payable by the Renter. Any damage that occurs because of non-compliance to this obligation is payable by the Renter.

3.8. Mileage

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. In the case of excessive excess mileage, Awesome Rental Cars is entitled to interim billing during the duration of the contract.

3.9. 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. Tires

4.1. 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.

4.2. Insurance

The tires are not covered in the insurance. Damages shall be borne by the Renter.

5. Vehicle Breakdown

5.1. 5.1. 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.

For breakdown insurance coverage please refer to the general conditions of the TCS Company Card. The Renter will be charged in full for any regress claims of the insurance company in a situation of gross negligence.

5.2. Accident / Damage

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 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.

6. Insurance

6.1. Liability Insurance

Included in the monthly fee: Deductible in case of damage: CHF 0.-.

6.2. Partial Cover

Included in the monthly fee: Deductible in case of damage: CHF 500.-.

6.3. Fully Comprehensive Insurance

Included in the monthly fee: Deductible in case of damage as per contract agreement.

6.4. Parking Damage

Included in the monthly subscription fee as per contract agreement. When the contract is concluded: Self retention in case of damage: 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. 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.

The general insurance conditions of the Allianz AG apply to the insurance coverage.

7. Payment Terms

7.1. Payment Conditions

The monthly payment is always to be paid in advance. 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.

7.2. Default

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.-). The monthly fees due until the termination of the contract and the accumulated reminder fees must be paid by the Renter within 10 days.

8. Return of Vehicle

8.1. Early Return

In the event of an early return or premature termination of the contract, there is no refund of prepaid monthly fees. The monthly fees due until the termination of the contract are to be paid by the Renter within 10 days. There is no refund for mileage allowance that was not fully used.

8.2. Fuel

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.

8.3. Cleaning

The vehicle must be returned in a cleaned condition (car washed and vacuumed). 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.

8.4. Date/Time of Return as per 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

9.1. General

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). In case of hardship the Company 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.

9.4. Other

To the extent permitted by law, any and all liability by Awesome Rental Cars 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.

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.

Copyright Awesome Rental Cars GmbH

Awesome Rental Cars GmbH. Im Stetterfeld 1. 5608 Stetten

Place of Jurisdiction: CH-5400 Baden

1.9.2021

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