General Terms and Conditions (GTC)

§ 1 Scope, contracting party and contact

These General Terms and Conditions (GTC) apply to all contracts for the rental of trailers concluded via the website www.trailer-swarm.de. Deviating terms of the Hirer apply only if the Lessor has expressly acknowledged them in writing.

The Lessor is Hofmann & Stein GbR, Kornmarkt 10, 65795 Hattersheim am Main, Germany, represented by Florian G. Hofmann and Florian Stein, email: hello@trailer-swarm.de, telephone: +49 89 244 182 67, website: https://trailer-swarm.de.

Hirers may be consumers (§ 13 BGB, German Civil Code) or traders (§ 14 BGB); any difference in treatment is pointed out in these GTC.

Definitions: In these GTC, “Start of Rental” uniformly means 00:00 local time Europe/Berlin (CET/CEST) on the pick-up day stated in the booking confirmation. A specific preferred pick-up time stated in the booking process (“Pick-up Time”) relates exclusively to the time of the physical handover (§ 9) and does not affect the legal definition of the Start of Rental or the cancellation periods (§ 7), because the trailer is reserved exclusively for the Hirer from 00:00 on the pick-up day.

§ 2 Subject matter of the contract

The subject matter of the rental agreement is the temporary provision of a trailer for use in accordance with the terms of these GTC.

The trailer is handed over in working order with the lighting and tyres required by law, a jockey wheel, anti-theft devices (drawbar/coupling lock) and wheel chocks. Additional load-securing equipment (e.g. tie-down straps) or adapters are not part of the rental item and must be provided by the Hirer.

The Lessor is obliged to provide the trailer at the location stated in the booking confirmation (“Rental Station”) and at the agreed times. The Lessor has no staff on site; the handover is contact-free.

The Lessor does not hand over a physical key in person. Instead, the Hirer receives a number combination for the coupling lock / anti-theft device via a digital process provided by the Lessor (cf. § 9).

§ 3 Conclusion of the contract

Bookings are made exclusively via the Lessor’s website. The presentation of the trailers on the website does not constitute a binding offer but a non-binding invitation to submit a rental offer.

By completing the booking process and submitting the booking request, the Hirer makes a binding offer to conclude a rental agreement. The contract is concluded upon the booking confirmation by email (subject to the successful receipt of payment by the payment service).

The Lessor stores the data relevant to the contract (in particular the Hirer’s master data, the trailer, the rental period, prices, selected extras and the incorporated GTC) and makes them available to the Hirer in text form in the booking confirmation. The Hirer is advised to check the booking confirmation and, where appropriate, to save it securely. The language of the contract is German.

The Hirer is obliged to provide complete and truthful information in the booking process (in particular regarding personal details, driving licence, payment details and contact details) and to notify any changes without undue delay.

In the event of intentionally or grossly negligently false information, the Lessor is entitled to terminate the contract without notice and to claim any resulting damage from the Hirer.

§ 4 Rental period and prices

The rental periods and rental prices are published on the detail pages of the individual trailers on the website.

The minimum rental period is one calendar day.

Charges are generally calculated per day. The rental day begins at the Start of Rental within the meaning of § 1 — i.e. at 00:00 local time Europe/Berlin (CET/CEST) on the pick-up day stated in the booking confirmation — and ends at the agreed return time, but no later than 23:59 on the last rental day, at the agreed return location. A preferred pick-up time stated in the booking process (Pick-up Time, § 9) relates only to the physical handover and affects neither the Start of Rental nor the daily charging.

The Hirer’s contractual obligations, in particular duties of care, liability and insurance cover, continue until the actual and proper return in accordance with § 9, even if the agreed return time is exceeded.

All ancillary costs (e.g. fees for additional services, cleaning, late return, processing of fines, breakdown assistance) result from these GTC and the price list / schedule of fees (Annex 1) valid at the time the contract is concluded, which forms part of this contract. For services that the Hirer books subsequently, the price list valid at the time of the add-on booking applies (§ 7a para. 2).

All prices are in euros and are final prices including 19% VAT.

§ 5 Additional bookable services (extras)

When booking, the Hirer may add further services subject to a charge, provided these are offered in the booking system. These include in particular:

The prices for extras are displayed bindingly in the booking process and are final prices. Additional services can be added subsequently via the customer portal, insofar as they are offered there for the booking in question; otherwise a subsequent booking is only possible with the Lessor’s express consent.

The Damage Protection Option can only be added up to the Start of Rental. For the subsequent booking of the EU Travel Package, § 11 applies in addition. A kilometre package can be added, or upgraded to a larger package, until the trailer is returned; if the trailer has not been taken over, until the end of the agreed rental period at the latest. The price of a kilometre package does not depend on the rental duration. After the return, additional kilometres driven are charged in accordance with Annex 1.

§ 6 Payment

The rent is generally payable in advance for the entire rental period. Payment is made via the payment methods offered in the booking process (in particular credit card, possibly other online payment methods) through a payment service provider.

As part of the booking process, a payment method (e.g. credit card) is normally stored, via which subsequent charges can be settled in addition to the rental payment. These include in particular:

• fees for late return (§ 10),
• costs of damage to the trailer and handling fees in connection with damage claims (§ 13, § 14),
• subsequent charging of additional kilometres beyond the free kilometres included in the booked kilometre package (cf. Annex 1),
• additional cleaning costs (§ 15),
• breakdown assistance and recovery costs (§ 16),
• subsequent charging of the EU travel fee and administrative flat fees (e.g. for processing fines or for unauthorised use abroad, cf. Annex 1),
• the costs of bringing the trailer back where it is returned outside the agreed location, the costs of an on-site inspection where return documentation is missing, and the securing fee where the trailer is returned unsecured (§ 9, cf. Annex 1).

These subsequent charges are made as so-called merchant-initiated transactions (“MIT”) via the payment method stored at the time of booking. The Hirer hereby expressly authorises the Lessor to collect the claims described above by way of such MIT via the payment method stored in the booking process.

Before each subsequent charge, the Hirer receives a notification in text form (usually by email) with an itemised statement, the total amount and the expected date of the charge. If the Hirer has expressly agreed to this in the booking process, the notification may additionally or alternatively be sent via a messenger service offered by the Lessor (e.g. WhatsApp).

The above advance notification does not apply to payments initiated by the Hirer via the customer portal (in particular the add-on booking of services and kilometre packages as well as changes to the booking under § 7a). In these cases, the cost overview displayed in the customer portal before confirmation is decisive; the charge is made immediately after the Hirer’s confirmation, and the Hirer receives a confirmation in text form without undue delay. For these payments, the confirmation in the customer portal replaces the prior agreement under the following paragraph; the limit of EUR 500.00 per transaction stated there does not apply to them. For changes under § 7a with a payment amount exceeding EUR 500.00, the customer portal additionally requires confirmation by one-time code.

Individual MIT charges are made without separate consultation up to an amount of EUR 500.00 per transaction. Higher amounts are only collected after prior agreement with the Hirer, except in cases of manifest obtaining of services by deception (Leistungserschleichung) or a comparably serious breach of contract.

If the Hirer is in default of payment, the Lessor is entitled to demand statutory default interest and, after setting a reasonable deadline, to rescind the contract and to rent the trailer to someone else. Further claims for damages remain unaffected.

§ 7 Cancellation

Relevant time

The relevant time for calculating the cancellation periods stated below is 00:00 local time Europe/Berlin (CET/CEST) on the pick-up day stated in the booking confirmation (cf. § 1 Definitions). A specific preferred pick-up time stated in the booking process does not affect the cancellation periods. The periods are calculated on a calendar basis: “7 calendar days before the Start of Rental” means 00:00 on the day that lies 7 calendar days before the pick-up day — including across changes between summer and winter time.

Standard rate (without Flex Option)

If the Hirer cancels the booking, the following refund rules apply:

• Up to 7 calendar days before the Start of Rental: 20% refund; 80% is retained as liquidated damages.
• Less than 7 calendar days before the Start of Rental or failure to appear (no-show): no refund.

The Hirer remains entitled to prove that the damage incurred was lower.

Flex Option

If the Hirer has booked the Flex Option:

• Up to 2 calendar days before the Start of Rental: refund of 100% of the rental price (excluding the Flex fee).
• Between 1 and 2 calendar days before the Start of Rental: refund of 50% of the rental price (excluding the Flex fee).
• Less than 1 calendar day before the Start of Rental up to the Start of Rental / no-show: no refund of the rental price.

The Flex fee itself is not refunded in any case.

Services added subsequently

Services that the Hirer has added after completing the booking (§ 5, § 7a) – such as additional options or kilometre packages – form part of the booking. In the event of cancellation, the above refund rules apply to them accordingly; they are not refunded separately.

In this respect too, the Hirer remains entitled to prove that the damage incurred was lower.

Force majeure clause

In cases of demonstrable force majeure (e.g. official travel bans, natural disasters), the Hirer may rebook free of charge. Alternatively, a pro rata refund is made less the expenses demonstrably already incurred by the Lessor. Proof of force majeure (e.g. an official order) must be provided by the Hirer.

Refunds are usually made within fourteen working days (Monday to Saturday) after the cancellation via the payment methods used for the respective payment. If several payments have been made for a booking (e.g. because of services added subsequently), the most recent payment is refunded first.

§ 7a Changes to the booking (extension, shortening, postponement)

(1) Procedure and limits. The Hirer may change a confirmed booking via the customer portal insofar as the change is offered there for the booking in question. Shortening the rental period or postponing the Start of Rental is only possible up to the Start of Rental (§ 1). A change requires the availability of a suitable trailer in the desired period; there is no entitlement to any particular change. The changed rental period must end within twelve months of the time of the change. For bookings made using a discount code, changes via the customer portal are excluded. Changes that the customer portal does not offer are possible by arrangement with the Lessor.

(2) Price. The rental price for the changed rental period is recalculated according to the price list valid at the time of the change. Any resulting additional amount must be paid before the change takes effect. If the recalculation results in a lower price solely because of the position of the new period, without the rental duration being shortened, the difference is not refunded.

(3) Shortening. Shortening the rental period is deemed a partial cancellation of the dropped rental days. For the rental price attributable to these days, the refund rules of § 7 apply accordingly; the relevant time is the one under paragraph 5. The Flex fee is not refunded in the case of a shortening either (§ 5, § 7).

(4) Postponement; rebooking fee. If the Start of Rental is postponed without the rental duration being extended, the Lessor charges a rebooking fee in accordance with the price list (Annex 1) for the effort associated with the rescheduling. The Hirer remains entitled to prove that no effort or only substantially less effort was incurred. If the change extends the rental duration, no rebooking fee is charged.

(5) Relevant time for the cancellation periods. Even after a change, the periods under § 7 are always based on the earliest Start of Rental agreed for this booking. Postponing to a later Start of Rental therefore leaves the cancellation periods unaffected; postponing to an earlier Start of Rental brings them forward accordingly. The Hirer is informed of this in the customer portal before confirming the change.

(6) Form and effectiveness. A change declared via the customer portal takes effect upon the Hirer’s confirmation given there. The cost overview displayed before confirmation is decisive. The Hirer receives a confirmation in text form without undue delay; text form is thereby satisfied (§ 20).

§ 8 Right of withdrawal for consumers

Consumers are in principle entitled to a statutory right of withdrawal for distance contracts (§ 312g para. 1 BGB).

Exclusion of the right of withdrawal: Under § 312g para. 2 no. 9 BGB, there is no right of withdrawal for contracts for the rental of motor vehicles or trailers if the contract provides for performance on a specific date or within a specific period. Since the booking here always comprises a fixed Start of Rental and a fixed end of rental, the right of withdrawal for bookings via www.trailer-swarm.de is excluded from the outset.

No withdrawal information required: Owing to this statutory exclusion, the obligation to provide information on the right of withdrawal does not apply; the Hirer is, however, informed of the exclusion before booking.

Distinction from cancellation: The contractual cancellation terms (§ 7) remain unaffected. A cancellation under § 7 is not the exercise of a statutory right of withdrawal but of a contractual cancellation right.

Changes and add-on bookings: The exclusion of the right of withdrawal also applies to subsequent changes and add-on bookings to an existing booking (§ 5, § 7a); they are ancillary amendments of the same fixed-date rental agreement.

§ 9 Pick-up and return

The trailer is taken over contact-free at the location stated in the booking confirmation and at the Pick-up Time stated there. The Pick-up Time is the time of the physical takeover and must be distinguished from the Start of Rental within the meaning of § 1 and § 7 (00:00 Europe/Berlin on the pick-up day) — the Start of Rental determines the cancellation periods and begins irrespective of the Pick-up Time, because the trailer is reserved exclusively for the Hirer from 00:00 on the pick-up day. Before the Pick-up Time, the Hirer receives an email with

• the exact parking space (coordinates),
• step-by-step instructions for taking over and securing the trailer.

On takeover, the Hirer is obliged to check the trailer for obvious damage and defects (e.g. lighting, tyres, coupling, plug) and to take photos of the trailer (including all sides and the coupling area). The documentation may be provided via a web interface provided by the Lessor or – in the event of technical restrictions – in text form (e.g. by email or via a messenger service offered by the Lessor).

The trailer must be returned by the agreed return time, but no later than 23:59 on the last rental day. The trailer must be parked

• at the return position specified in the booking confirmation,
• in an unloaded, swept-clean condition
• properly secured against rolling away and theft

(e.g. coupling lock, jockey wheel, wheel chocks).

On return, too, the Hirer is obliged to take photos of the trailer in an uncoupled, secured condition (all-round photos, coupling, lighting) and to submit them accordingly.

The rental agreement only ends upon proper return in accordance with para. 3 and once the Hirer has completely left the trailer (including removal of all cargo).

If the trailer is returned unlocked or without correctly fitted anti-theft devices, the Hirer bears the risk until it is secured by the Lessor. In addition, a securing fee of EUR 50.00 is charged. The Hirer remains entitled to prove that the Lessor incurred no effort or substantially less effort.

Return at a different location. The trailer must be returned at the return position specified in the booking confirmation. If the Hirer parks the trailer outside the location specified in the booking confirmation, the Lessor is entitled to bring the trailer back; the Hirer bears the costs necessary for this. These are calculated according to the actual effort at EUR 50.00 per commenced working hour plus EUR 0.45 per kilometre of the single journey between the place where the trailer was parked and the agreed return location. The Hirer remains entitled to prove that the Lessor incurred no damage or effort or substantially less damage or effort. Costs of the same return transfer are not charged additionally under § 11 or § 16; claims for late return (§ 10) and third-party claims (§ 18) remain unaffected.

Inspection where return documentation is missing. If the Hirer does not submit the photos on return (all-round photos, coupling, lighting) even after a reminder in text form, and the Lessor therefore has to inspect the condition of the trailer on site, the Hirer bears the costs necessary for this. These are calculated according to the actual effort at EUR 50.00 per commenced working hour including travel time plus EUR 0.45 per driving kilometre required for the inspection (outward and return journey). This does not apply if the Hirer is not responsible for the absence of the return documentation. The Hirer remains entitled to prove that the Lessor incurred no effort or substantially less effort. If the Lessor secures the trailer during the same inspection, the securing fee under this § 9 is credited against these costs. Travel costs of the same journey are not charged additionally under § 15 or § 16; claims for late return (§ 10) remain unaffected.

§ 10 Late return

If the Hirer does not return the trailer by the agreed return time (no later than 23:59 on the last rental day), the return is late.

For each commenced hour of late return, the Lessor is entitled to charge the Hirer a late fee of EUR 12.50 per commenced hour, but no more than 150% of the daily rental price attributable to the trailer per 24 hours of delay.

The Lessor may additionally claim further demonstrable damage incurred by the Lessor or subsequent hirers as a result of the late return (e.g. lost follow-on rentals, rebooking costs, replacement rentals).

The Hirer remains entitled to prove that the Lessor incurred no damage or substantially less damage.

The Hirer is obliged to inform the Lessor without undue delay if it becomes foreseeable that the trailer cannot be returned on time.

§ 11 Use and vehicle restrictions

Towing vehicle

The trailer may only be coupled to a towing vehicle with valid registration, sufficient towing capacity and a suitable tow bar. The vehicle manufacturer’s specifications in the vehicle registration document must be strictly observed.

The permissible gross weight of the trailer and the permissible towing capacity of the towing vehicle must not be exceeded.

Driving licence

The Hirer or the respective driver must hold a driving licence valid in Germany that entitles the holder to drive the towing vehicle with a trailer.

The Hirer must ensure that any other drivers whom the Hirer permits to use the trailer also hold the appropriate driving licence.

Area of use and EU Travel Package

Without the EU Travel Package, use of the trailer is restricted to the territory of the Federal Republic of Germany.

With a booked EU Travel Package, use is additionally permitted in the following countries: in all member states of the European Union and in Andorra, Liechtenstein, Monaco, San Marino, Vatican City and Switzerland, provided that corresponding liability cover exists for the towing vehicle or the trailer. Use in countries other than those listed above is not permitted even with a booked EU Travel Package.

Commercial use / subletting

Commercial use of the trailer for the carriage of goods for third parties for remuneration requires the Lessor’s prior express consent.

Subletting or any other provision of the trailer to third parties without the Lessor’s consent is prohibited.

Prohibited uses

• Carrying persons on the trailer.
• Transporting dangerous goods or live animals.
• Use for commercial transport for third parties without written permission.
• Use off-road, on non-public roads or on race tracks.
• Exceeding the permissible payload (see type plate).

In the event of unauthorised use abroad without the EU Travel Package or in countries not approved, the Hirer bears all resulting additional costs (e.g. insurance-related additional costs, recovery). In addition, the fee for the EU Travel Package for the rental period concerned is charged subsequently in accordance with the price list valid at the time of booking. An administrative flat fee of EUR 25.00 is also charged for the processing effort associated with establishing the use and the separate invoicing; the Hirer remains entitled to prove that this effort was not incurred or was substantially lower.

Subsequent booking of the EU Travel Package. If the Hirer books the EU Travel Package subsequently via the customer portal during the current rental, the right of use applies to the entire rental period. The subsequent booking is only possible as long as the Lessor has not yet established use outside Germany; from that point the add-on booking in the customer portal is blocked, and the subsequent charging of the travel fee together with the administrative flat fee under the preceding paragraph applies. The Damage Protection Option (§ 5, § 13) does not revive for damage that occurred before the add-on booking.

Clarification: The subsequent charging of the travel fee does not mean that the Damage Protection Option (§ 5, § 13) is deemed to have been booked or effective retroactively for the unauthorised use abroad. For damage to the rental item occurring during unauthorised use abroad, the Hirer is therefore liable under § 13 without the limitation provided by the Damage Protection Option.

§ 12 Obligations of the Hirer

Minimum age: The Hirer must be at least 18 years old at the time of booking.

The Hirer must treat the trailer with care, secure it against theft and protect it from excessive strain.

The Hirer is responsible for properly securing the load. In particular, the Hirer must comply with all statutory provisions on load securing and use suitable securing equipment (e.g. lashing straps).

If a stand of the transported vehicle (e.g. side stand or centre stand) is used, it must not be placed directly on the loading surface, but only on a stable, load-spreading base (e.g. a board or thick mat). The Hirer provides the base. If the transported vehicle leaks operating fluids (e.g. oil), the Hirer must protect the loading surface with a suitable base; § 15 applies to any soiling.

Before setting off and at reasonable intervals during use, the Hirer must check the proper, roadworthy condition of the trailer, in particular:

• coupling and locking mechanism,
• electrical connection and lighting,
• tyres and tyre pressure,
• jockey wheel and, where applicable, supports.

The Hirer must ensure that the vehicle-and-trailer combination is only driven by persons holding a valid driving licence (at least class B or BE) and any trailer driving entitlement that may be required.

The Hirer may not carry out unauthorised repairs, modifications or other interventions on the trailer without the Lessor’s prior consent. Topping up the air in the tyres in the course of normal use is excepted.

If the Hirer breaches material obligations under this § 12, this may result in the exclusion of the Damage Protection Option (CDW) and full liability in accordance with § 13. Breaches of the obligations to place a vehicle stand only on a base and to protect the loading surface from operating fluids are excepted; they leave the Damage Protection Option unaffected.

§ 13 Insurance and liability for damage

The trailer has motor third-party liability insurance. The sum insured corresponds to the statutory minimum sums insured.

Damage to the rental item itself is not insured. The Hirer is liable for all damage to the trailer caused by the Hirer or by third parties during the rental period up to the amount of the replacement value.

Without a booked Damage Protection Option (CDW), the Hirer is liable for damage to the trailer caused through the Hirer’s fault up to the amount of the replacement value or of the repair costs including ancillary costs (e.g. expert’s fees).

Damage Protection Option (CDW)

If the Hirer selected the Damage Protection Option under § 5 when booking, the limitation of the Hirer’s liability for the types of damage expressly named there (theft/attempted theft, fire/explosion, storm/hail/lightning/flood, collision with game or other animals) is governed by § 5. For all other damage, in particular damage resulting from an accident, operating errors, improper use, overloading or incorrect loading, incorrect coupling or uncoupling, manoeuvring errors or vandalism, the Hirer is liable – subject to the general limitation of liability in § 19 – in accordance with paragraphs 2 and 3. The CDW is not insurance in the legal sense but a contractual limitation of liability between the Hirer and the Lessor.

The limitation of liability through the CDW does not apply in the case of:

• intentional or grossly negligent breach of duty,
• driving under the influence of alcohol or drugs,
• unauthorised use outside the permitted area of use,
• considerable overloading, exceeding the maximum permissible speed or breach of material operating and securing obligations.

Statutory limitations of liability in favour of the Lessor (cf. § 19) remain unaffected.

§ 14 Damage and accidents

The Hirer is obliged to report every accident and every damage to the trailer to the Lessor by telephone or email without undue delay (no later than within 12 hours of becoming aware of it). In the event of accidents involving third parties, the police must also be called if there are personal injuries or the other party to the accident is unknown.

In the event of damage, the Hirer must document the place of damage, the other party’s registration number and the contact details of those involved in the accident and send them to the Lessor.

If the Hirer fails to report damage or reports it late, so that the Lessor suffers a disadvantage as a result of the delayed report (e.g. claims becoming time-barred, damage becoming more difficult to prove), a flat fee of EUR 60.00 may be charged for the additional effort. The Hirer remains free to prove lower costs. The Lessor’s right to claim demonstrable damage exceeding the flat fee remains unaffected.

§ 15 Cleaning

The trailer must be returned in a swept-clean condition.

For heavy soiling (e.g. soil, oil, bitumen) that requires extensive cleaning, a cleaning fee of EUR 50.00 per commenced working hour is charged, plus material costs according to consumption and, where applicable, travel costs (see current price list).

The Hirer remains entitled to prove that cleaning was not necessary or that only less effort was incurred.

§ 16 Breakdown assistance and recovery

In the event of breakdowns or technical defects, the Hirer contacts the Lessor without undue delay. The Lessor may arrange a replacement trailer or give repair instructions.

Breakdowns attributable to circumstances for which the Hirer is responsible (e.g. considerable overloading, disregard of warnings, driving with an obviously defective tyre) are at the Hirer’s expense. For these, the Lessor may claim breakdown assistance, recovery, labour and travel costs in accordance with the price list (Annex 1).

In the case of breakdowns for which the Hirer is not responsible (e.g. material or manufacturing defects of the trailer), the Lessor bears the costs of the breakdown assistance. Any further liability of the Lessor for loss of use or other consequential damage of the Hirer is excluded – to the extent permitted by law; cf. also § 19.

§ 17 GPS tracking and data protection

All trailers are equipped with GPS tracking devices that transmit the location of the trailer.

The tracking serves to prevent theft, to confirm the location on return and to enforce the contract (e.g. checking the area of use). The processing is based on Art. 6(1)(b) GDPR (performance of a contract) and Art. 6(1)(f) GDPR (the Lessor’s legitimate interest in theft protection and the enforcement of rights). The data are not used for tracking or marketing purposes.

The location data are not evaluated permanently to monitor the area of use, but only on an occasion-related basis where there is a specific indication of use in breach of contract (e.g. suspicion of a trip abroad without the EU Travel Package).

Independently of this, the tracking system automatically reports if the trailer is moved at a speed of more than 120 km/h during the rental period. This threshold is well above the maximum speed permitted for vehicle-and-trailer combinations; below this value, speed is not evaluated. The Lessor informs the Hirer of such an alert once per rental in text form. The report serves road safety, the protection of the rental item and to point out that the limitation of liability under § 13 does not apply if the maximum permissible speed is exceeded; it does not in itself give rise to any payment obligation on the part of the Hirer. Details of the processing, in particular the legal basis (Art. 6(1)(f) GDPR) and the right to object under Art. 21 GDPR, are set out in the privacy policy.

The location data are only stored for as long as is necessary to achieve the stated purposes; as a rule no longer than 30 days after the end of the respective rental, unless longer storage is necessary for the establishment, exercise or defence of legal claims.

Further information on data processing, in particular on data subject rights (access, erasure, objection), is set out in the privacy policy available on the website, which forms part of this contract.

§ 18 Fines, fees and third-party claims

(1) The Hirer bears all fines, warnings, parking tickets and official measures as well as tolls, toll claims, road-use, parking and other usage fees caused during the rental period or by the Hirer’s use, and all justified third-party claims resulting from them – irrespective of whether they are of a public-law or private-law nature (e.g. toll operators, parking management companies) – including the necessary and reasonable handling, investigation and legal costs for processing and defending them. This also applies to violations arising from parking in breach of contract after the end of the rental, as long as the trailer has not been properly parked and secured at the agreed return location. The Hirer does not have to bear unjustified third-party claims or claims that are unfounded as to their amount; to this extent the Lessor cooperates in defending them.

(2) Indemnity. The Hirer indemnifies the Lessor against all justified claims referred to in para. 1 that arise from the Hirer’s use after the start of the rental period and reimburses the Lessor for the necessary costs incurred as a result. Any objection or defence available to the Hirer against the third-party claim remains unaffected; the Lessor will inform the Hirer before fulfilling or acknowledging the claim and give the Hirer the opportunity to comment, insofar as this is possible and reasonable in the circumstances.

(3) Disclosure of data. If enquiries, hearings, notices or claims concerning the Hirer’s use are asserted against the Lessor, the Lessor is entitled to pass on the Hirer’s data necessary for processing to the respective requesting or claiming body (authorities, toll operators, creditors and their authorised representatives, e.g. lawyers or debt collection service providers). Details are set out in the data protection information.

(4) Cooperation. On request, the Hirer shall provide the Lessor without undue delay with the information and documents necessary for processing and, where appropriate, reducing such claims (in particular the route driven, toll/payment receipts).

(5) Handling fee. For the processing, the Lessor may charge an administrative flat fee in accordance with the price list (Annex 1; currently EUR 10.00 per case). The Hirer remains entitled to prove that no costs or lower costs were incurred.

§ 19 Limitation of the Lessor’s liability

The Lessor has unlimited liability for intent and gross negligence and for damage resulting from injury to life, body or health.

For slight negligence, the Lessor is only liable for the breach of material contractual obligations (cardinal obligations); in this case liability is limited to the foreseeable damage typical for the contract.

To the extent permitted by law, the Lessor is not liable for items, cargo or luggage brought in by the Hirer.

§ 20 Final provisions

Amendments and additions to this contract require text form (e.g. email) to be effective. This also applies to any amendment of this clause. Text form is also satisfied if the Hirer declares a change via the customer portal and receives a confirmation of it in text form (§ 7a para. 6).

Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a provision that comes as close as possible to its economic purpose.

The law of the Federal Republic of Germany applies.

For disputes with consumers, the place of jurisdiction is the consumer’s place of residence; otherwise the place of jurisdiction is the Lessor’s registered office.

Consumer dispute resolution: The Lessor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Translation: Convenience translation. Only the German version is legally binding. (German version)