Terms And Conditions
Tesla4Me Terms And Conditions
1. Conclusion of the binding rental agreement
1.1 Agreements or declarations that are only made verbally, without written confirmation, by email, SMS or WhatsApp, are in any case without legal effect. A rental agreement for the vehicle can only be concluded in writing, usually by signing the rental agreement on both sides. The rental agreement can be made by post or email (PDF).
1.2 The rental agreement is concluded between the two contracting parties (tenant and landlord). A transfer or assignment of the rights from the rental agreement by the tenant to other third parties is only possible with the express prior written consent of the landlord.
1.3 The vehicle may only be made available for use by the persons named in the contract without the prior written consent of the lessor. The renter is responsible for the actions of all drivers like his own.
2. Termination / cancellation
2.1 In the case of fixed-term rental contracts, the agreed rental period (collection, return) is binding for both parties; it can only be extended or shortened by mutual agreement.
2.2 A termination or cancellation of the contract is mutually excluded unless there is an important reason within the meaning of § 543 BGB.
2.3 In the event of a delayed return, the rental price is to be paid for the next daily rental in accordance with the currently valid price list.
2.4 If, after handing over the vehicle to the renter, technical defects not caused by the accident occur on the vehicle, which significantly limit its usability, both parties are entitled to terminate the contract with immediate effect, provided that it is not possible to repair the defect at short notice to fix. For the duration of the impairment of use caused by a technical defect, the daily rental price is to be reduced as a percentage. The tenant waives all further claims even in the event of termination, unless the cause of the technical defect is grossly negligent or willful behavior on the part of the landlord.
2.5 Section 2.4. does not apply if the tenant is liable for the damage due to an operating error, i.e. the defect is due to an operating error by the tenant.
3. Obligations of the landlord
3.1 The landlord provides the renter with a roadworthy and technically perfect vehicle and accessories for use.
3.2 The renter and every driver authorized according to the sales contract are covered by motor vehicle insurance at least to the extent that is legally prescribed or customary in the country in which the vehicle is registered. Liability insurance is included in the rental price of the vehicle. Items in or on the vehicle are not covered by this.
3.3 A partially comprehensive and fully comprehensive insurance exists and is included in the rental price. The tenant is liable for each case of damage, depending on the type of damage, up to the amount of the deductible shown in the purchase contract for damage caused during the rental period. Liability relates to the vehicle, vehicle parts and accessories.
3.4 If repairs are necessary during the rental period in order to ensure the operation and / or the road safety of the vehicle, the lessor will pay the repair costs if the renter (s) or the driver has / have at least obtained prior telephone approval. Marten damage is excluded from this.
3.5 The landlord can refuse the service if this is impossible for the landlord. This is particularly the case if the vehicle was damaged before the start of the rental period by a traffic accident or as a result of force majeure in natural disasters so that it is no longer usable and a repair or replacement was no longer possible or an expense before the start of the rental period would have required, which, taking into account the rental period and the agreed total rental price and the principles of good faith, is grossly disproportionate to the tenant’s performance interests.
3.6 In the event of non-performance in accordance with Section 3.5, the lessor is obliged to repay all payments received to the lessee immediately. Further claims for damages against the landlord – for whatever legal reason – are excluded, unless the landlord is guilty of gross negligence or intent.
3.7 The lessor does not guarantee the suitability of the vehicle for the purpose intended by the lessee.
3.8 The lessor’s no-fault liability is excluded. The landlord is only liable for intent and gross negligence, for slight negligence only in the event of a breach of essential contractual obligations. These limitations of liability do not apply in the event of injury to body, life or health and not in the event of fraudulent concealment of defects in the vehicle.
4. Use of the rental vehicle
4.1 The motor vehicle may only be driven by the renter and the persons named in the rental agreement. A valid driver’s license is required in all cases. The renter has to represent the actions of the respective driver like his own. If an unauthorized person drives the vehicle, the renter is fully liable.
4.2 The use of the vehicle is only permitted within Europe without Eastern European countries. For reasons of insurance law, the consent of the lessor must always be obtained before traveling abroad.
4.3 Under no circumstances may the vehicle be used for the following purposes:
- Participation in races or driver training
- Off-road driving or similar use
- Commercial transport of people and / or goods, unless the landlord has given written permission
- Transport of highly flammable, toxic or otherwise dangerous substances
- Any use in connection with the commission of criminal offenses or customs and tax offenses, in particular the transport of substances that fall under the Narcotics Act
- Driving without traction control
4.4 If the renter does not adhere to the prohibitions on use agreed in Sections 4.1 to 4.4 above, there is a breach of duty by the renter when using the vehicle and the lessor has the right to compensation.
4.5 Fines incurred during the rental period (in particular due to excessive speeding, wrong parking) must be borne by the renter in any case. In addition, a fee of € 25 per offense is charged for processing.
4.6 In order to use the vehicle battery carefully, driving with less than 15% of the battery capacity is not permitted. The vehicle must also be returned with a minimum capacity of 15%. In case of non-compliance, a fee of 25 € will be charged.
4.7 The renter may not make any technical or visual changes to the vehicle. These include in particular paintwork, stickers or adhesive films.
5. Obligations of the tenant
5.1 The charging energy and other auxiliary or operating materials used during the rental period must be procured by the tenant at his own expense. When charging the vehicle on a Tesla Supercharger, the amount due will be offset against the deposit.
5.2 The lessee is obliged to always treat and use the vehicle as a sensible owner who is concerned about maintaining its value would do. In particular, the tenant is obliged at his own expense:
- To secure the vehicle against damage in extreme weather conditions (e.g. hail, storm, flood, heavy snowfall)
- If there is concern about damage from vandalism, secure the vehicle at your own expense, for example by parking it in a secure garage
- If the indicator lights in the vehicle (e.g. for water, temperature, brake wear or other) signal a problem, the lessee is obliged to act in accordance with the instructions given in the operating instructions for the vehicle;
- If it is necessary to transport the vehicle to a suitable workshop in order to repair the damage, the renter is obliged to organize the transport. The landlord must be informed immediately.
5.3 In the event of traffic accidents (even without third-party involvement), fire, damage caused by game or other damage, the renter or the driver authorized by the rental agreement is obliged to immediately call the local police at the scene of the accident and ensure that the course of the accident or damage is recorded. All persons and witnesses involved in the accident / damage case must be noted by name and address, registration number and liability insurance. The landlord must be informed immediately. Necessary repairs will always be arranged by the landlord. The tenant undertakes to provide the landlord with a detailed accident report.
5.4 In the event of traffic accidents for which the renter is not responsible, the renter is only liable for all damage to the vehicle (repair costs or replacement costs), unless these are reimbursed by the other party involved in the accident, other third parties involved in the accident or the comprehensive insurance that exists for the vehicle . With regard to the performance of the fully comprehensive insurance, the amount of the deductible agreed in the rental agreement is decisive for the maximum liability limit of the tenant.
5.5 Does the behavior of the lessee after a traffic accident (e.g. escape from an accident), or the behavior of the lessee, which was the cause of the traffic accident, mean that the comprehensive insurance for the vehicle can invoke an exclusion of liability in the insurance contract with the lessor the tenant unlimited for all financial losses of the landlord. In this case, the tenant’s liability does not apply.
5.6 The renter is fully liable for all damage to the vehicle resulting from a breach of his duty of care in accordance with the above regulations. Insofar as damage is covered by the comprehensive insurance that exists for the vehicle, liability is limited to the amount of the agreed excess.
5.7 The lessee is liable for all damage caused culpably by his relatives, workers, co-drivers or other third parties who have come into contact with the vehicle through or through the lessee, insofar as he culpably fails to do so in order to enforce any Compensatory claims of the landlord to establish conclusively necessary findings on the person and the matter.
5.8 If damage is found when the vehicle is returned, it is assumed that the damage was caused and the lessee is liable for the damage in accordance with the above provision unless the lessee can prove that the damage was already present when the vehicle was taken over or is beyond his control.
5.9 The renter to return the vehicle in the condition in which it was taken over.
5.10 The lessee is obliged to compensate the lessor for all consequential damage, in particular the loss of rent, if the vehicle cannot be re-rented or cannot be rented on time due to damage caused by the lessee, or the lessor cannot use it for his own purposes.
6. Payment terms
6.1 The tenant undertakes to pay the agreed total rental price plus all other services to the landlord.
6.2 Unless otherwise agreed, payment of the contractually agreed vehicle rental is due upon conclusion of the contract. The contractually stipulated deposit is due at the latest when the vehicle is picked up.
7. Data protection
7.1 The renter as well as the contractually authorized driver consent to their personal data being stored by the lessor. The landlord undertakes to use the stored data exclusively in connection with the tenancy and not to make it accessible to third parties. The processing of personal data takes place in accordance with the provisions of the Federal Data Protection Act (BDSG).
7.2 In the event that the information provided during the rental is incorrect, the rented vehicle is not returned within 24 hours after the agreed rental period has expired, or checks issued by the renter are not cashed, the rental company is entitled to transfer the personal data in accordance with the provisions of the BDSG forward to third parties (§§ 27 II. BDSG).
8. Place of jurisdiction
8.1 The place of fulfillment of all claims from this contract is the registered office of the lessor. If the lessee is a registered trader, the exclusive place of jurisdiction for all legal disputes is the local or regional court at the lessor’s seat. In any case, German law applies as agreed.