Contractual terms of the Membership Contract of StattAuto CarSharing GmbH Hamburg
Translated by Elke, Victoria Car Share Co-op
1. General rights and duties
After payment of a deposit, an admission fee and a monthly assembly fee according to the
current price-list the member gets the rights to use the vehicles of StattAuto Hamburg
and the insurance terms.
Basically only individuals who have agreed on a membership contract with StattAuto
(members) are allowed to drive. The member can be driven by an authorized person, but
agrees to check his/her valid driver's license, to insure that the driver is capable of driving
before each trip and to let him/her drive the vehicle only under the member's supervision.
The member is liable for contractual penalties, costs and damages caused by the
authorized person and any non-authorized person if the member has culpable enable
him/her to drive contrary to the aforesaid obligations.
2. Safe box key and deposit etc.
Each member gets a safe box key, an identification card and other auxiliary material and
therewith access to the vehicles according to the valid manual. The safe box key,
identification card and other auxiliary material remain StattAuto's property.
The member is only personally entitled to use the safe box key, identification card and
auxiliary material. The member as borrowing person is liable for the loss, the deterioration
and any possible misuse of the safe box keys and of the other auxiliary material. StattAuto
has to be immediately informed of the loss. A handling fee according to the current price-
list will be charged. The member is liable for any further occurring damages due to a late
or not given information.
Further details about the deposit etc. are settled in the BNB.
3. Booking duty
The member agrees to book the vehicle before each use under the terms of the current
manual and with the information of the using time. Overlappings with already done
bookings are not allowed. Through each use outside the booked using time the member
will have to pay a contractual penalty according to the price-list.
4. Period of lease
The period of lease covers the booked time, it begins and ends at the full hour. Beginning
hours will be charged fully. The maximum period of lease is settled in the valid manual.
If the member has correctly booked a vehicle but cannot or will not use or can only use
part of the reserved time cancellations will be possible. Cancellation fees according to the
current price/list become due. If the vehicle can be rented during the cancelled reservation
period this portion of the cancellation fee will be cancelled. Cancellations after the
beginning of the booking are not possible. The member can prove a smaller damage
If the vehicle isn't at its' place ten minutes after the reserved time the drive has to be
cancelled or to be changed to another vehicle. Equalization payments are settled in the
6. Extension of the tenancy
If the member can't hold to the booked return time she/he has to prolong her/his booking
time before the original booking time is over. If an extension isn't possible because of a
following booking a fee will be charged according to the valid price-list.
7. Vehicle check before departure
The member is obliged to check the vehicle's condition and outside defects before every
use. Defects which are not yet stated in the defect lists have to be stated and StattAuto has
to be informed by phone before departure. Details are settled in the valid manual.
If the damages have not been stated and StattAuto has not been informed before departure
the last user will always be liable.
8. Carry along of a valid driver's license
The member agrees to carry her/his valid driver's license with her-/himself during every
drive. The right of art. 1 remains binding on the permanent and uninterrupted possession of
a valid driver's license and of the observance of all therein covered conditions and duties.
In case of suspension, temporary securing or loss of the driver's lincense the right to drive
according to art. 1 immediately expires. The member is obliged to inform StattAuto
immediately of any withdrawal or restriction of her/his driver's license.
9. Treatment of the vehicles
The member has to treat the vehicle carefully. She/He has periodically to proof the
operating liquids and the tyre pressure according to the rules in the manuals and the
vehicle papers, to leave the car cleaned inside and to secure the safe box properly against
theft. Further details about refuelling, care and handling are settled in the BNB and the valid
StattAuto is only liable for material damage and personal injury which the member or
his/her authorized person suffer for the purposes of renting or using the vehicle if the
damage has been caused by StattAuto with criminal intent or gross negligent or an owner's
liability is given. Beyond that StattAuto is not liable. This is especially due for damages
which result from the non-making available or late-making available of the car.
So far as StattAuto is not liable towards the members according to sentence 1 and 2 the
member leaves any third person's claims to StattAuto's discretion.
All vehicles have a liability insurance, a partial coverage and a full-comprehensive
insurance. The price-list shows the particular own participation and the possibilities to
effect further insurances. The utilization of insurance benefits is only allowed after
foregoing pre-agreement with StattAuto according to the valid manual.
12. Accidents and damages
StattAuto has to be immediately informed by phone or personally according to the
information of the valid manual in case of accidents and other damages in connection with
the used cars. Accidents have additionally be reported by police. The member is not
allowed to give an acknowledgement of her/his guilt. The member is obliged to do
everything to limit the damage. The continuation of the drive is only allowed with explicit
permission of StattAuto.
In case of minor damages the member can autonomously have those fixed until to an
amount which is determined in the BNB if this is done at a concession garage. StattAuto
needs to be immediately informed about the repair.
The member is liable to StattAuto for damages which result from non-observance of these
terms, the legal regulations or the insurance conditions. (The insurance conditions can be
read at the head office).
The member is obliged to return the car in due order until the ending of the period of
leave. The return is only done in due order, if:
1) The vehicle has been parked with all papers and properly locked up at its official
2) the driving report has been completely, truly and readable filled in, signed and
deposited at its place and
3) the vehicle's key has been safely put into the safe box .
A non-proper return can cause a contractual penalty according to the valid price-list
besides claims for damages.
14. Cross use
The member can use vehicles of organizations which work together with StattAuto (cross
use), unless important reasons are given, e.g. contractual breach, which justify a
prohibition of the cross use. The interest to cross use must be registered at StattAuto. The
cross use will be done to the terms and prices of the other vehicle giving organization. The
member releases StattAuto from any demands of third individuals which occur from the
15. Contractual penalty, ban and notice of termination
In case the member violates against her/his contractual commitments (ANB, BNB,
manuals, insurance terms and vehicle papers) StattAuto can announce a contractual penalty
according to the valid price-list and/or after pre-announcement can announce a temporary
ban and can temporarily suspend the right of driving of art. 1. Especially for the following
Moreover StattAuto can announce a ban and can cancel the right to drive according to art.
1 in case of default of payment. This can be done after the second reminder without further
announcement of the ban.
StattAuto can terminate the contract relationship without notice if the member or third
individuals through the member's fault repeatedly offend against the contractual terms or
in extra considerable way violate the contractual terms. Art. 1 BNB regarding the
repayment of the deposit remains not affected.
Both StattAuto and the member can terminate this contractual relationship at each time and
without reasons with a four weeks' period of notice to the month's end in writing. The
repayment of the deposit is settled in art. 1 BNB.
16. Salvatorian Clause
The legal ineffectiveness of single parts of the contractual terms (ANB, BNB, manual and
price-list) does not affect the validity of the rest.
17. Changes of the contractual terms
Each agreement which is different from the contractual terms needs writing to be valid.
StattAuto can change the ANB and the BNB at the beginning of a month.
But the changes will soonest be effective after four weeks of mailing a written information to the members.
StattAuto can change the price-list and the manual at any time. But the changes will
soonest be effective after two weeks of mailing a written information to the members. The
signs in the vehicles can be changed at any time. Each change of the contractual parts is
only possible if the change is reasonable for the members under consideration of the
interests of StattAuto.
1. Deposit and admission fee
Each member pays to StattAuto a deposit according to the valid price-list at the beginning
of the contract. The deposit will be paid back six months after the ending of the contract
relationship without interest as far as StattAuto has no claims against the member. It can be
agreed on a payment of interest of the deposit according to the price-list. The deposit
stands as a security for liabilities of the member resulting from this contract or liabilities,
which result from contractual violations. For married and unmarried couples and for
commercial users a different amount of deposit according to the price-list can be agreed.
Additionally each member pays at the beginning of the contract an admission fee
according to the price-list which will not be refunded at the end of the contract. For
married and unmarried couples and for commercial users a different amount of admission
fee according to the price-list can be agreed.
If the member terminates within the first three months in time, half of the paid admission
fee will be refunded and the deposit will be paid back as soon as StattAuto has no claims
against the member.
2. Booking, tenancy, delay
The booking according to the booking obligation from art. 3 of the ANB has to be done
according to the manual. A claim of a vehicle only remains within the limits of the vehicle
pool unless not booked by someone else.
The period of lease (tenancy) is settled in art 4 of the ANB.
The prolongation of the tenancy in case of delay is settled in art. 6 of the ANB. If a delay
is not being announced within the booked time a contractual penalty according to the
price-list can be charged additionally to the delay fee.
The costs of the booking result from the booking period (time costs), route length (km-
costs) and the booked vehicle's class. Further details are settled in the valid price-list.
The member is obliged to pay a monthly supply fee according to the valid price-list.
The member during whose' booking time a traffic violation took place has to pay tooling
fees according to the valid price-list to StattAuto for StattAuto's assistance to the
investigation of the driver regarding summary offences, fine and criminal cases.
All other costs according to ANB and BNB (equalization payments, fines etc.) are settled
in the valid price-list.
4. Maintenance, refuelling, handling of the vehicles
StattAuto is regularly doing a maintenance. During the booked time the operating liquids
and the tyre pressure has to be checked according to the rules in the manual and in the
The vehicles have to be returned in clean condition (interior). The vehicle's tank has to be
filled up with a minimum of 1/4 at the return. If not a fee according to the price-list will be
The vehicles should be filled up with the tank cards for the account of StattAuto if
available. In case of expenses the tank receipts have to be marked with the membership
number and attached to the driving report. In case of expenses in foreign currency the rate
of exchange of the date of the invoice will be taken. A tooling fee according to the price-
list can be charged.
For care work at the vehicles during the booked time an equalization payment according to
the valid price-list will be compensated.
The vehicles have to be handled according to the producer's information and to the
vehicle's information which are located in the vehicles and according to the manual. The
member is liable for all damages resulting from a disregard of these rules.
According to art. 12 para. 1 ANB the member is obliged to have an accident recorded with
the police. The member is obliged to secure all evidence means (witnesses) and to
immediately give StattAuto a written protocol of the damage. This does not relieve the
member from his/her obligation to immediately report accidents and damages according to
the manual by phone or personally to StattAuto. The member is not allowed to give an
acknowledgement of guilt.
6. Repairs and breakdowns
In case of minor damages the member is allowed to autonomously give repair order up to
an amount of DM 200,00 (approx. CAN 170.00). StattAuto has to be immediately
informed about any damage according to the manual.
7. Safe box key, identification cards etc.
Reference to art. 2 of the ANB is made. The access to the vehicles is settled in the manual.
It's not allowed to mark the safe box key with an indication to StattAuto. It's not allowed
to mark the identification cards with names, membership number and/or secret number.
The member is liable for any damages which result from disregard of these rules.
8. Damages or loss of the vehicle
In case of loss or damage of the vehicle the member is obliged to pay full damages if the
damage or the loss occurred because of the member's culpable violation of parts of the
contractual terms (ANB, BNB, manual and vehicle's papers), the legal rules or the
In case of loss or damage of the vehicle during the using time despite of the member's
regard of the contractual terms, the legal rules and the insurance terms the member is liable
up to the own participations determined in the valid price-list.