GTC 

These terms and conditions govern the relationship between the lessee and the lessor in respect of rental contracts concluded on the “Humbaur Rent 24/7” platform for Humbaur brand trailers.

1.    Conclusion of Contract

The rental contract comes into force when the user, registered on the platform with a user account, presses the “Book now” button after selecting a vehicle offered by the lessor. 

2.    Rental price and invoice

The prices are final and include the country-specific statutory value-added tax and broker’s commission. The rental price falls due upon conclusion of the rental contract.
There is no automatic invoicing. If an invoice is required, the lessee must press the “I need an invoice” button in the app. An invoice from the lessor will be made available for download on the platform within seven days. The invoice is received when the lessee accesses it. The lessee must access invoices provided within appropriate time frames.
Refunds will not be provided in the event of delayed vehicle pickup or early vehicle return.

3.    Payment

Payment will not be made between the lessee and the lessor directly, but via the “Humbaur Rent 24/7” on the business terms and conditions applicable there.

4.    Provision of the vehicle

The rented vehicle is generally available at the selected location for pickup. A different location within approximately 100 m is possible. The vehicle can be located with the “Humbaur Rent 24/7” app at the earliest 10 minutes before the start of the agreed rental period.
If the lessee does not take the vehicle within one hour after the agreed time, the reservation will no longer be binding. 

5.    Obligations of the lessee at the start of the rental period

5.1.    At the start of the rental period, the lessee must take photographs of the vehicle using the “Humbaur Rent 24/7” app. This serves to protect the lessee from claims for damages in the event that the vehicle has been damaged before the start of the rental period.
5.2.    Before starting a journey, the lessee must inspect the general condition of the vehicle, in particular: 
-    lights
-    vehicle doors and tailgates 
-    tyres and wheel rims
-    supports and stabilisers 
-    tie-down rings 
-    tarpaulins
-    mirrors
5.3.    If the lessee detects damage, he/she must report this immediately via the “Humbaur Rent 24/7” app.
5.4.    Before the start of a journey, the lessee must adequately secure the load to be transported with suitable material. Existing tie-down rings must be used during loading.
5.5.    Overhanging loads must be flagged. 
5.6.    The following goods may not be transported:
-    toxic substances or chemicals
-    any type of fuel, including heating fuel
-    any easily flammable liquids
-    any substance that must be declared as a hazardous substance under the Highway Code,
-    residual waste or other odorous waste, that is not packaged in a waterproof, and odour-proof manner,
-    special waste
-    waste containing asbestos
-    live animals (unless in suitable animal transporters)
-    any type of unpackaged organic substance or products thereof, with the exception of green cuttings from gardens
5.7.    Permissible cargo must be packaged. 

6.    Obligations of the lessee during the rental period

6.1.    The lessee must handle the locking device carefully, stow it away securely during travel, and prevent it from flying around. If the locking device is damaged or lost, the lessee shall bear the costs of EUR 500.00 for a new locking device plus a EUR 50.00 installation fee.
6.2.    If the lessee leaves the vehicle, he/she must properly park, secure, and lock it.
6.3.    If the vehicle is stolen, this must be immediately reported via the “Humbaur Rent 24/7” app.
6.4.    If the lessee causes damage to the vehicle during the rental period, or if damage to the vehicle occurs during the rental period without the lessee’s involvement, he/she must immediately report the damage via the app.
6.5.    The lessee must comply with traffic regulations. The vehicles are restricted to speed limits. If the speed is exceeded by more than 10 km/h, the app will warn the lessee of the excessive speed. In the event of an offence, the lessee must pay a flat fee for processing of EUR 30.00.
6.6.    The lessee must pay warning fines and penalties incurred due to contraventions of traffic regulations. 
6.7.    When using toll roads, the lessee must ensure that the toll is paid in full in a timely manner. The lessee shall indemnify the lessor against these costs. 
6.8.    During the rental period, a digital vehicle registration certificate should be saved and viewable in the app. This does not satisfy the requirements of the StVO (Straßenverkehrs-Ordnung [the German Highway Code]), which requires a vehicle registration certificate (henceforth: the registration certificate part 1) in paper form to be carried. Generally, the police accept a digital copy of the registration certificate as an accommodation when performing checks. But in other cases, a warning fine of EUR 10.00 will be imposed. The lessee must pay this warning fine.  
6.9.    In the event of an accident, the lessee must report this immediately via the saved emergency number and record the extent of the damage to the vehicle using the app. If the vehicle must be towed, the lessee shall bear the costs. If damage is caused to a third party in the accident, the lessee must inform the local police. An accident is defined as an event that suddenly impacts the vehicle from outside with mechanical force. 
6.10.    The lessee shall, during the rental period, return the vehicle when instructed to do so by the lessor if there is a compelling reason to do so. Compelling reasons include in particular:
-    the performance of inspection, maintenance, or repair work
-    manufacturer recalls
-    the reaching of a certain mileage or holding period.
In this case, the lessee will receive an appropriate replacement vehicle from the lessor for the remainder of the rental period. 

7.    Obligations of the lessee at the end of the rental period

7.1.    If it was not possible to package the loaded goods, the vehicle must be thoroughly cleaned after transport. If the vehicle is returned in a dirty condition, the cleaning costs will be invoiced  at a flat rate of at least EUR 60.00.
7.2.    At the end of the rental period, the lessee shall park the vehicle in accordance with the contract, lock it, and press the “End rental” button in the app. If the button is not pressed, compensation in the amount of the regular rental price per rented hour will fall due for each  hour or partial hour. This will then be charged to the saved payment method. If the termination of a rental is not possible for technical reasons, the lessee must contact the lessor directly via email. The lessor can then terminate the rental. If it can be proven that a technical problem exists in the platform or in one of the subsystems, and if the rental could not be properly terminated for this reason, the lessee will not incur any additional rental costs. The burden of proof for the service disruption lies with the lessee. 
7.3.    At the end of the rental period, the lessee must again take photographs of the vehicle using the app. This serves to protect the lessee from claims for damages in the event that the vehicle is found in damaged condition by the next lessee.
7.4.    If the vehicle was parked in contravention of the contract so that the lessor must reposition the vehicle, a fee in the amount of EUR 120.00 will be invoiced.
The vehicle may not be parked in the following areas:
-    all prohibited zones in accordance with the Highway Code
-    unguarded industrial areas
-    outside of built-up areas
-    in areas in which it can be assumed that there is no mobile network coverage 

8.    Overview of separate costs

Repositioning of a vehicle due to parking outside of a permitted area: EUR 120.00
Loss of or damage to a locking system: EUR 500.00 plus a EUR 50.00 flat-rate installation fee
Cleaning due to dirty condition: Depending on the expense, at least EUR 60.00
Disassembly of the on-board electronics: EUR 95.00 per cable set plus installation costs based on expense, at least EUR 85.00
Excess for damage to the vehicle, theft, or third-party damage, if no additional insurance for the excess has been taken out: EUR 100.00 fixed rate per damage occurrence, in the case of a trailer a maximum of EUR 500.00 excess (partial/third-party liability damage)
Determination of damage in the event of overloading by the lessee: For vehicle replacement: Market price of the vehicle at the time of damage plus flat rate of EUR 500.00 

9.    Withdrawal

The lessee may withdraw from the rental contract up to four hours before the start of the agreed rental period by pressing the “Delete booking” button. The issue date and time stamp of the delivered digital key are decisive. The already completed payment will be refunded.
There is no termination option shorter than four hours before the start of the agreed rental period for day-long or multi-day rentals. 
If, at the start of the agreed rental period, the lessee determines that the vehicle is not roadworthy, or if a defect in the vehicle that prevents the proper continued use of the vehicle does not become evident until during the rental period, the lessee may withdraw from the contract. The already completed payment will be refunded.
 

10.    Tracking

The vehicle is permanently connected to the mobile network and continuously sends messages to the system platform. The data is not driver-related, but vehicle-related. It is system-relevant data, such as tyre pressure, operating hours, load weight, and speed. This enables the vehicle to be located in exceptional circumstances, such as theft or delays. Improper use and premature wear and tear can also be detected in this way. If an alarm is triggered in the app that informs the lessee of a critical load condition, the lessee must interrupt the journey at the next opportunity and reduce the load on the vehicle. 
The data is only sent to the platform, not to the lessor. The lessor receives such data only in special cases of particular interest. The lessee is then informed of this.

11.    Data protection

The data protection provisions of Humbaur GmbH apply. These can be viewed at http://humbaur.com under “Data Protection”. The retention periods in accordance with the GDPR and the BDSG (Bundesdatenschutzgesetz [German Data Protection Act]), as well as the rules on contract data processing and the European GDPR are strictly complied with. 
When mobile or other devices are linked with the vehicle, data from these devices may be stored in the vehicle. If the lessee wishes that such data no longer be saved in the vehicle after it is returned, the lessee must ensure the data is deleted before the vehicle is returned. A deletion can be carried out by resetting the vehicle’s navigation and communication systems to the default settings. 

12.    Liability of the lessor

12.1.    The lessee is always responsible for his/her own loaded goods. This also applies if damage to the vehicle results in damage to the loaded goods, unless the lessor has acted out of wilful intent or gross negligence. 
12.2.    If the lessee hands over the vehicle to an unauthorised third party, the lessee is liable to the lessor for any damage that the unauthorised third party causes.
12.3.    The lessee will be liable for personal items that he/she leaves in the vehicle at the end of the rental period. 
12.4.    The lessee will be liable for any changes he/she makes to the vehicle.
12.5.    The lessee will be liable for any damage that he/she causes to the vehicle as follows: 
-    for vehicles with full comprehensive insurance: within the framework of the contractually defined excess plus a flat-rate fee
-    for vehicles with partial comprehensive insurance: with excess plus flat-rate fee
-    for vehicles only with third-party liability insurance: unlimited
Damage as a result of vandalism, theft, or collision with animals is considered damage that the lessee causes to the vehicle.
12.6.    The lessee is liable for all damage that occurs as a result of intentional or negligent contravention of contractual obligations. If the data transmitted with the tracking shows gross misconduct by the lessee that coincides with the damage in the claim, the lessee will be liable for the damage. 
12.7.    The lessee is liable for damage that results from the delayed return of the vehicle, unless it can be proven that a technical error exists in the platform or in one of the subsystems that prevents the proper termination of the rental via the app.
12.8.    The lessee is free to voluntarily insure him/herself with more coverage upon conclusion of the rental contract. 
12.9.    The lessee shall indemnify the lessor against all penalties, warning fines, charges, and other costs that authorities or other entities may collect from the lessor at the time of any  contraventions. This does not apply to a warning due to not carrying a registration certificate in paper form.
12.10.    In the event of third-party liability damage, the lessee may not recognise or satisfy third-party claims in part or in whole without the prior consent of the lessor.

13.    Liability of the lessor 

13.1.    The lessor is not liable for the services of the Humbaur Rent 24/7 platform, [sic: or] its subservices, such as the payment service, location service, and communication service, if these are not available.
13.2.    The lessor is not liable for the failure to provide rented vehicles in cases of force majeure. 
13.3.    The lessor’s liability is limited to cases of injury to life, limb, or health or the violation of material contractual obligations. Claims for damages due to the violation of material contractual obligations are limited to foreseeable damages that are typical for the contract.
13.4.    The lessor assumes no liability for items belonging to the lessee that remain in the vehicle when it is returned. This does not apply in cases of wilful intent or gross negligence on the part of the lessor or his/her vicarious agents.

14.    Final provisions

The European Commission has established a platform for online alternative dispute resolution in disputes related to consumer rights. The lessor will not participate in dispute resolution proceedings before a consumer conciliation board and is also not required to do so. 
If the user is a businessman, a legal entity under public law, or an investment fund under public law, the place of jurisdiction shall be Augsburg.
The contract language is German. If, during the conclusion of the contract, the lessor provides the lessee with these General Terms and Conditions or other contract terms in another language, these will be only a non-binding translation. In the event of deviations, lack of clarity, or contradictions between the German version and other versions of the General Terms and Conditions and other contract terms, the German version will always take priority over any translations.
Should any of the preceding terms be or become void or ineffective in whole or in part, this will not affect the validity of the remaining provisions. Section 139 of the BGB (Bürgerliches Gesetzbuch [the German Civil Code]) does not apply.