General terms and conditions of the Trailer and Truck Rental Service Dagmar Jännert

Last updated: 03.01.2016

1. SCOPE/GENERAL/RENTAL PRICE

(1) The rental agreement shall be concluded between the trailer and Truck rental service Dagmar Jännert, Linnenbrüggerstraße 33, 81829 Munich as lessor (hereinafter VM) on the one hand and the tenant named in the rental contract completed. (2) The following conditions apply both to consumers, as well as to any natural Person with whom a business relationship is entered into without that the latter is a commercial or self-employed professional can be attributed to this activity, as well as to entrepreneurs, i.e. natural or legal persons, which, at the conclusion of the contract in the exercise of their commercial or self-employed professional activity. So far Differentiation between consumers and non-consumers are required, these are described in the respective clause is included. (3) All services of the VM shall be provided only for the following conditions. Verbal ancillary agreements are made by not to accept deviating terms and conditions of the tenant shall be deemed to have been rejected even without express objection, unless expressly stated by the VM in writing be recognized. (4) The leased object shall be delivered to the lessee in undamaged (with the exception of those mentioned in sentence 2 restrictions), operational and roadworthy condition, the lessee is obliged, at the time of handover, to of the rented object to the VM in addition to all the existing, recognisable, and reasonable costs stated in the rental to inform damages of the rented object immediately and for the written statement of the objections to and I'll take care of you. If no documentation of damages is provided, it is assumed, that the leased object is in undamaged, ready-to-operate condition. and roadworthy condition. (5) When renting a vehicle, the renter receives the Rental item filled up. (6) The prices of the valid price lists for rentals. These are available in the VM's business premises. Daily rental prices apply for 24 hours from delivery of the rented object, unless, anything else has been agreed between the parties in writing. (7) Reservations are subject to the following conditions Availability of the rental object at the intended rental period. Cancellation of reservations must be received by 24 hours before the start of the rental period. If this happens the rent for the reserved rental period must be paid in full. unless the vehicle could be rented elsewhere.

2. INSURANCE

(1) The leased item shall be delivered in accordance with the currently valid statutory provisions for motor insurance - the at the place where the contract is concluded - liability insurance. (2) In addition, a partial coverage insurance exists for trailers, which, taking into account the conditions of insurance in the case of the obligation to enter damages in case of fire, explosion, theft, natural events as well as glass and wildlife damage under Consideration of the tenant's deductible in amount of 150.00 EUR. In addition, when renting of a car trailer against payment of an extra charge of 25,00 EUR day of the conclusion of a fully comprehensive insurance possible. The tenant's excess within the framework of the Fully comprehensive insurance 1.000,00 EUR. (3) In addition to the liability insurance exists for trucks and truck trailers. Fully comprehensive insurance. The tenant's excess amounts to 500,00 EUR. As part of the rental of a truck or truck trailer the conclusion of only a partial coverage insurance is not possible. (4) The scope of the lessee's obligation to pay compensation shall be as follows under point 4.

3. DUE DATE AND METHOD OF PAYMENT

(1) For rentals of less than one month, a down payment of the expected amount is to be made at the time of conclusion of the contract. final price for the agreed rental period in cash. So far If the rental period is extended by mutual agreement, the remaining amount is also with regard to the agreed extension, subject to a other written agreement, immediately for payment due. (2) if rented for a period of one month or the agreed rent at the time of conclusion of the contract for the Duration of the first month of rental and then in advance in each case for each additional month of rental in cash. (3) When renting a trailer, a deposit of 500.00 EUR on the part of the tenant and in case of renting a truck or truck trailer a deposit of 500.00 EUR. The tenant's liability is not limited to the amount of the deposit. limited. (4) After the occurrence of default, for each reminder by the VM a flat-rate reminder fee of 15.00 EUR is charged, whereby the lessee is expressly permitted to prove that a less damage has occurred. The assertion of a We reserve the right to claim further damages caused by default. (5) The lessee can only offset against claims of the VM if its Claims undisputed, ready for decision or legally binding are determined. A right of retention on the part of the lessee is excluded, as far as it is not on the same contractual relationship is based on. (6) If the payment deadlines are exceeded Interest on arrears at the statutory interest rate of 5% points above the base rate of the European Central Bank for contracts with consumers and 8 percentage points above the base interest rate in contracts with merchants. (7) The rejection of cheques or bills of exchange by the VM remains reserved. Cheques or bills of exchange are only accepted on account of performance. all associated costs shall be borne by the lessee.

4. LIABILITY

(1) Several tenants shall be jointly and severally liable for the culpable damages. Violation of all obligations by one of the tenants. (2) The lessee shall be liable to the lessor in the event of damage (including damage to the rented object in the full amount for the VM and direct and indirect damage incurred by third parties, provided that this is not regulated by an insurance company and the tenant or the driver is responsible for the damage. The tenant is liable especially for repair costs, towing and storage costs, Expert's fees, depreciation, loss of rent, Replacement costs for total loss and replacement costs in case of theft or loss. (3) The lessee is obligated to fuel intended for the vehicle (see inscription on the tank cap). The tenant is liable for all damages, caused by the wrong choice of fuel. (4) The renter is responsible for compliance with the towing capacity of his vehicle. as well as for traffic offences of all kinds. There is no check by the VM. (5) Any liability of the VM for breach of its contractually regulated obligations is for intent and gross negligence including intent and gross negligence gross negligence of the representatives and vicarious agents. Only for injury to life, body and health and in the event of The VM shall also be liable for breach of essential contractual obligations in the event of slight negligence. Furthermore, the VM is only liable for the culpable violation of essential contractual obligations; the liability to the foreseeable, contract-typical damage. limited. The lessee is advised that the tightness the construction and/or the tarpaulin of the rented property is not guaranteed is. In particular, the VM shall not be liable for loss or damage of objects brought into or left behind the leased object. (6) Liability of the VM without fault is excluded. warranties are not transferred by the VM.

5. SPECIAL OBLIGATIONS OF THE TENANT

The lessee is obliged to treat the leased object with care. and all regulations and technical specifications relevant for use rules, in particular the manufacturer's operating instructions, to note. The renter is responsible for himself or his driver for the Driving ability and the existence of a valid driving licence responsible for their own actions. Loading of the rented object is only possible in the legal framework. The leased object has been carefully against theft. In particular, the lessee is obliged, the trailer with the one supplied when the trailer is handed over Secure the coupling against theft. The tenant has to lock all parts of the leased property and to return the keys and Documents not in the trailer or towing vehicle or the rented truck and to keep them inaccessible to unauthorized persons.

6. USE OF THE RENTAL OBJECT

(1) The rented object may only be used in public road traffic. but not on unpaved roads, driver training exercises, in connection with motor sports or for Transport of dangerous goods etc. (2) The lessee may not sell the leased object to third parties. not be made available for use unless the VM has use by third parties expressly agreed in writing. One Tenant's claim to declaration of consent by the VM does not exist. (3) The towing vehicle of the trailer or the truck may not except from the tenant and, in the case of the rental of companies, from the company to the employee responsible for collection and signing the rental agreement only from the other tenants registered in the tenancy agreement with first and surnames persons are led. Every driver of the towing vehicle or truck must have the required and valid driving licence. This has to check the tenant independently, whereby he/she must make all available to him/her. and make use of the necessary explorations. that I have to catch up with my opponent. Each driver is vicarious agent of the renter, i.e. the tenant is liable for the behaviour of the third party(s) as for own action. (4) Any change to and in the leased object is forbidden to the tenant. Should the tenant nevertheless make changes, of any kind whatsoever, he shall be liable for all costs of restoring the original condition of the rented object. At the same time, such a Behave the VM in the event of extraordinary termination (see section 11).

7. INTERNATIONAL TRIPS

The lessee is not entitled to travel with the leased object. to drive outside the borders of Germany; unless he has the right to a written consent of the VM. A claim of the tenant does not insist on declaration of consent by the VM. Is the VM to a trip abroad, the lessee is obliged to inform himself about the relevant regulations of the respective country, in particular with regard to special insurance entitlements, driving licence requirements, etc. The violation of the Prohibition of the execution of journeys outside Germany provides constitutes a material breach of contract, which makes it possible for the VM to with extraordinary termination (see item 11).

8. BEHAVIOUR IN THE EVENT OF TRAFFIC ACCIDENTS, BREAKDOWNS AND THEFT

In the event of accidents or breakdowns, the lessee is obliged to take appropriate precautions. to take safety precautions. The police are in any case to determine the cause of the accident. This also applies to self-inflicted accidents without the involvement of third parties. The VM is and to inform us immediately in writing of all details. on presentation of a sketch. The accident report must in particular the names and addresses of the persons involved, and any witnesses and the registration numbers of the parties involved persons included. The lessee may not acknowledge an acknowledgment of debt claims of third parties neither in part nor in full. satisfy. Fire, theft and damage caused by game are the responsibility of the tenant. to the VM and the responsible police authority without delay. In the event of theft, the lessee is obliged to pay for the to name witnesses, if available.

9. REPAIR ORDERS

The lessee is not entitled, without obtaining the previous written agreement of the VM, repair orders regarding of the rented object.

10. RENTAL PERIOD AND RETURN

(1) The lessee is obliged to return the leased object to the agreed date to the VM - unless otherwise stated. individual agreement was made - at the company headquarters of Jännert Planen und Fahrzeugbau GmbH, Liebigstraße 3 in 85551 Kirchheim near Munich. If the Conclusion of the contract no date for the return of the rented object agreed upon, the lessee is obliged to return the leased object within four days after termination of the VM and request to do so for return to the location determined by the VM in accordance with the contract. to give it back to me in good condition. In the event of a violation of the The VM reserves the right to file a criminal complaint because of embezzlement and to have the rented object removed by the police. to make sure they're safe. Any costs arising therefrom shall be borne by the tenant. (2) If the rented object is not on time, i.e. more than 30 minutes after the agreed deadline return date, the lessee must pay the VM every to compensate for any resulting damage. In particular, the the tenant to the VM until the actual return of the contractually agreed rent corresponding to compensation per day of delay. (3) The rented object is to be returned in proper condition. When renting a vehicle, the renter is obliged to return it with with a full tank of fuel. In case of excessive soiling, the tenant to bear the cleaning costs. Rented trailers and In particular, refrigerated vehicles must be completely cleaned from the inside. (4) If the rented object is not used in an orderly operational and functional condition returned to the VM, the lessee has without prejudice to further claims for damages to the VM for the period of time in accordance with the contractually agreed rent for the repair. corresponding compensation for use per day of delay. Here, too, the tenant has the express option, to prove the occurrence of a lesser damage. Passing at The duration of the repair specified by the VM by the tenants doubt, the parties agree that the downtime for the necessary repair measures by a experts and the times determined should be taken into account accordingly. The additional Costs for the use of the authorized inspector are to be borne by the tenant.

11. DENUNCIATION

(1) Tenant and VM may terminate the contract for good cause. with immediate effect. The VM can create the lease-out without notice in particular if a) the tenant changes the leased object; b) the lessee carries out or has carried out the rented object to other than the contractually agreed c) the lessee uses an unauthorized trip abroad or d) it becomes apparent after conclusion of the contract that the The VM is entitled to payment of the agreed rent by the tenant's inability to perform is endangered. This is particularly the case if the lessee is in contact with the payment of a due claim has fallen into arrears or filed a separate application for the opening of insolvency proceedings unless the payment claims of the VM are replaced by a guarantee or other security is adequately secured. (2) In the event of termination, the VM shall be entitled to use the Rental object after announcement of an appointment at the expense of the tenant, who has to enable the collection, and to otherwise dispose of the rented object. The data transferred from the VM claims to which the contract is entitled shall remain in force. Amounts that of the VM by using the rented object for other purposes, are offset against the receivable after deduction of the costs incurred.

12. GPS LOCATION

The leased property can be equipped with a GPS tracking system.

13. PRIVACY POLICY

(1) For security reasons, the leased object can be equipped with a GPS tracking system. By means of this you can whereabouts can be determined. The default location is every 20 minutes. The data recorded here can be used up to a pseudonymised for a period of 12 months. As a matter of principle, a person-related evaluation is carried out here not. In exceptional cases, the VM may not be able to use the Evaluation and establishment of a personal reference use to do. Such an exceptional case exists in particular if the location is required a) to perform the contractual relationship, in particular in the event that there are indications that the The tenant is in breach of contract, e.g. inadmissible trips abroad; to prevent theft, if justified there are indications of the theft of the vehicle, e.g. no return of the vehicle at the agreed place of return or within the agreed return time; b) for performance official requirements or obligations. (2) The collection, processing or use of data of personal data is carried out in accordance with the regulations of the Federal Data Protection Act and the European Data Protection Act Data protection directive (Directive 95/46/EC).

14. FINAL PROVISIONS

(1) German law shall apply exclusively. (2) Place of Performance and Exclusive Jurisdiction for All Legal disputes of this contract is Munich, provided that the tenant is not a consumer. This also applies if the tenant merchant and has no general place of jurisdiction. Federal Republic of Germany.