The CarSharing Library 




Contractual terms of the Membership Contract of StattAuto CarSharing GmbH Hamburg

Translated by Elke, Victoria Car Share Co-op

 

General Terms of Use (ANB)

 

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

CarSharing GmbH (StattAuto) according to the General Terms of Use (ANB), the Specific

Terms of Use (BNB) and the given current price-lists, manuals, the records in the vehicle

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.

 

5. Cancellations

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

against StattAuto.

 

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

valid price-list.

 

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

manual.

 

 

10. Liability

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.

 

11. Insurances

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).

 

13. Return

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

parking base,

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

cross use.

 

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

violations:

 

  • leaving the vehicle to non-authorized (art. 1 para. 2 ANB), late or no information about loss (art. 2 para. 2 ANB), use without reservation (art. 3 ANB)

     

  • no information of loss or restriction of driver's license (art. 8 ANB)

     

  • bad treatment of the vehicles (art. 9 ANB), non-approved continuation of the drive after accidents (art. 12 para. 1) and

     

  • non-proper return (art. 13 para. 2 ANB).

 

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.

 

 

Specific Terms of Use (BNB)

 

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.

 

3. Costs

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

vehicles' papers.

 

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

charged.

 

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.

 

5. Accidents

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

insurance terms.

 

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.