TERMS AND CONDITIONS

General Terms and Conditions of Pegasus exclusive cars GmbH & Co. KG

A) Rental Agreement

1. The rental agreement becomes effective upon signature or binding order by phone, which must be confirmed in writing by Pegasus exclusive cars GmbH & Co. KG (Pegasus).

2. If multiple renters form a party to the agreement, they shall be jointly and severally liable.

 

B) Reservations

1. Reservations shall be binding for Pegasus only if Pegasus has confirmed them in writing. If the rental vehicle is to be made available at the renter’s location or returned to Pegasus from there, the incurring costs shall be paid by the renter before taking over the car.

2. Upon reservation the renter shall make a down payment of 20% of the expected rental rate for the respective vehicle. If the renter fails to make the down payment for more than five days after the date of the written reservation confirmation, Pegasus shall no longer be bound by the reservation.

3. The renter may cancel his reservation up to two weeks before the reservation date. In case of cancellation by the renter, the renter forfeits his down payment, which remains with Pegasus.

4. If the renter fails to take over the vehicle at the agreed time, he shall be obligated to compensate Pegasus for damages resulting from his failure. Damages are calculated based on the rental rate agreed with renter for the rented vehicle – in relation to the agreed rental period – including the insurance premium.

 

C) Authorized Driver

1. Only the persons expressly listed in the rental agreement are authorized to operate the vehicle rented out by Pegasus. If the authorized driver is not the renter, the renter shall be responsible for the actions of the driver as if they were his own.

2. Pegasus will rent out cars only if the authorized driver is between 25 and 30 years old – depending on the rented vehicle – and if the driver has been holding a driver’s license for at least two years, which must be valid at the time of taking over the vehicle. The authorized driver shall present his driver’s license to Pegasus before taking over the vehicle.

3. Pegasus reserves the right to place additional conditions on the authorization to use the rented vehicle. Such conditions will be communicated to the renter before finalizing the agreement.

 

D) Rental Price

1. The rental price is generally based on the rates valid at the time of rental, whose terms and conditions are available at the Pegasus office, unless a special rent has been agreed. The rental price does not include costs for insurance, refueling, fuel, service charges as well as delivery or pick-up charges.

2. The rental price, including additional charges based on special agreements and the valid sales tax shall be payable at the beginning of the rental period. If the agreed rental period exceeds 28 days, the rental price shall be paid for intervals of 28 days at the beginning of each 28-day period.

3. At the time of rental, the renter shall make a down payment in the amount of the expected final price as well as the agreed deposit. Any balance will be reimbursed upon returning the vehicle. The balance also includes charges for refueling the vehicle, in case the renter does not return the vehicle fully fueled.

4. Unless otherwise agreed between Pegasus and the renter, the rental price and all other agreed charges as well as the deposit will be charged to the renter’s credit card.

5. The rental price including the insurance premium as well as any other amounts owed by the renter, are payable and shall be paid by the renter upon taking over the vehicle. If the renter delays payment of the abovementioned amounts, he shall pay to Pegasus 1% interest on the owed amounts per month. In addition, Pegasus will impose a service charge of 50 Euros.

 

E) Handing over the Vehicle

1. Pegasus shall provide the renter with an operational vehicle in roadworthy condition including any accessories agreed upon in the agreement.

2. Upon taking over the vehicle the renter shall thoroughly check the condition of the vehicle. Any damage of the vehicle shall be noted in writing by both parties. Any visible damages not noted in writing during takeover will be assumed to have occurred while the vehicle was in the possession of the renter.

 

F) Particular Obligations of the Renter

1. The renter is obligated to treat the rental vehicle with care and fulfill his obligation to particularly monitor the vehicle’s road safety, the oil level, tire pressure and the adherence to the data listed in the vehicle registration as well as taking necessary measures to prevent theft and burglary.

2. The renter is obligated to exclusively park the vehicle in a garage at night. The renter is made aware that breaching this obligation will void insurance protection.

3. The renter is obligated to refrain from smoking inside the rented vehicle and prohibit third parties to smoke inside the vehicle as well. In case the renter breaches this obligation, he shall pay a flat odor removal fee of 150 Euros (net) for short-term rentals up to 28 days, and 300 Euros (net) for rental periods above 28 days.

4. The renter must not use the vehicle for any of the following activities:

  • Participation in motorsports events, driving on racetracks, vehicle testing, vehicle safety training or off-road driving;
  • Transportation of highly flammable, toxic or otherwise harmful substances;
  • Committing smuggling or other crimes, even if they are only indictable by the law of the place where the crime is committed;
  • Subletting or passenger transportation;
  • Any other use extending beyond the types of use agreed herein.

5. The vehicle may only be used in the interior of the country. If the renter wants to use the vehicle in foreign countries, he shall be obligated to get prior written consent from Pegasus for the respective countries named by the renter.

Pegasus reserves the right to prohibit usage in the countries desired by the renter, if this seems necessary due to regional risks.
6. In consideration of the exceptional risks of renting out a vehicle known to the renter, he shall be obligated to avoid any influence of alcohol, drugs or medication.

7. The renter is prohibited from making alterations to the vehicle, alter its technical components, remove or add features or apply writing/commercial messages to the vehicle.

8. Breaching any of the obligations entitles Pegasus to immediately cancel the rental agreement without notice. The entitlement for compensation of damages to Pegasus due to breaching any of the aforementioned terms shall remain unaffected.

 

G) Insurance

1. The insurance coverage for the rented vehicle includes comprehensive collision coverage with a maximum insured sum for personal injury and material damage of 100 million Euros. The maximum insured sum for injured persons is 8 million Euros. The renter shall absorb the costs for the comprehensive collision coverage insurance along with the rental fee, as agreed upon in the rental agreement.

2. The aforementioned insurance includes a deductible per case of damage. This deductible must be absorbed by the renter in any case and its amount is stipulated in the agreement.

3. In case the insurance company refuses coverage partially or in full in the application of the insurance contract, the renter shall be fully liable for damages and shall keep Pegasus harmless against damages claimed by third parties or compensate damages already suffered, respectively. This shall apply particularly if the insurance company’s refusal is due to the actions of the renter or the authorized driver.

4. The renter is explicitly advised that insurance coverage becomes invalid, if the rented vehicle is used in a country outside the Federal Republic of Germany or other countries explicitly listed in the rental agreement or if, despite his obligation, the renter fails to park the rented vehicle in a lockable garage at night.
5. The comprehensive collision damage insurance taken out by Pegasus does not include damages for losses, which Pegasus suffers due to the loss event.

Therefore, the renter is obligated to fully compensate Pegasus for such damages. Such damages for losses in the amount of 75% of the agreed rental fee including the insurance premium must be paid by the renter even if the vehicle damage was not caused by him and the responsible party has not been determined. If Pegasus provides proof of higher damages, the renter shall be obligated to compensate such higher damages.

 

H) Accidents / Theft / Damages

1. After an accident, theft, fire, collision with a wild animal or other damages, the renter must immediately take suitable actions to safeguard Pegasus’ interests.

2. In case of any damage, the renter shall take the following actions, in particular:

  • Immediately call the police and remain at the scene of the accident until the police takes a report; if the police refuses to take a report the renter shall provide proof of that to Pegasus;
  • Make a record of all persons involved, the license plate numbers of the involved vehicles and the insurance information of the people involved as well as names and addresses of all witnesses;
  • Submit a thorough and complete accident protocol to Pegasus;
  • Inform Pegasus about the accident by phone.

3. The renter is not entitled to acknowledge any assumption of liability, whether verbally or in writing, or make any statements, concessions or payments that would preempt the settlement of claims by the insurance taken out for the rented vehicle.

4. Upon returning the rented vehicle the renter shall communicate any damages, malfunctions and accident damages to Pegasus. This obligation applies even if such damages have been repaired already.

 

I) Technical Damages / Repairs

1. In case of the occurrence of malfunctions or other technical problems with the rented vehicle, the renter shall inform Pegasus immediately. Damages may be repaired only after prior express consent by Pegasus in an authorized workshop of the rented vehicle brand.

2. Pegasus waives the requirement for prior consent in cases where the workshop bindingly assures the renter before repair that the repair costs will not exceed 100 Euros.

3. Pegasus shall reimburse the renter any actually incurred costs for the repair of damages against presentation of a paid original invoice including receipt by the renter, if the renter can prove that damages and malfunctions were not caused by him or the safety of the vehicle had been compromised before he rented it.

4. Claims made by the renter for price reduction, damage compensation and compensation for expenses due to a technical damage, a defect or any other deficiencies on the rented vehicle are excluded. In particular, Pegasus shall not be obligated to provide the renter with a replacement vehicle for the period in which the rented vehicle cannot be used due to the technical damage, defect or any other deficiency.

 

J) Liability of Pegasus

1. Claims for compensation by the renter against Pegasus made under the rental agreement are excluded except if the claim includes a damage of life, body, health or an essential contractual obligation, unless the damage is based on a grossly negligent breach of contract on the part of Pegasus or on a deliberate or grossly negligent breach of contract on the part of a legal representative or agent of Pegasus. This regulation shall also apply to damages from the breach of obligations during contract negotiations.

2. Pegasus shall not be liable for delays, losses or damages occurring as a result of an accident with or a technical defect on the rented vehicle according to section I.

3. Pegasus does not accept liability for items that were left behind in the rented property upon its return.

4. Liability by Pegasus is also excluded if the vehicle reserved by the renter cannot be provided in time at the beginning of the rental period due to a previous accident or technical defect.

 

K) Liability of the Renter

1. The renter shall be liable to the extent of the agreed deductible in any case of damage irrespective of which party is at fault.

2. The renter shall be liable in case of vehicle damage, vehicle loss and violations of the rental agreement according to general liability rules. In particular he shall return the vehicle in the same defect-free condition in which he has received it.

3. The renter shall be liable for the entire damage (recovery costs, surveyor’s fees, return costs, impairment of value, loss of rental fees), independent of the agreed deductible, if

  • Despite his obligation the renter fails to submit the notice of damage to Pegasus in time or completely, according to section G item 1;
  • The renter or his agents have caused the damage deliberately or by gross negligence;
  • The renter or his agents have fled the scene of the accident, inasmuch as Pegasus’ justified interests in the assessment of damage have been generally impaired;
  • Despite the obligations stipulated in section H item 1 the renter or his agents have failed to call the police after an accident and consequently generally impaired Pegasus’ justified interest in the assessment of the damage.

4. The renter and his agents are liable without limitation for violations of the rental agreement during the rental period, including the obligations placed on the renter as part of the aforementioned general terms and conditions (see section E).

5. The renter and his agents are liable without limitation for violations of legal regulation during the rental period, particularly violations against traffic regulations and other rules. The renter shall hold Pegasus harmless against any fines, fees and other costs imposed upon Pegasus by authorities for any such violations. As a compensation for the administrative effort imposed upon Pegasus for the management of requests by authorities to determine violations and crimes committed during the rental period, the renter shall pay to Pegasus a handling fee of 50 Euros including tax for each authority request. Pegasus shall also be entitled to claim compensation for any consequential damages. Pegasus is also entitled to charge the renter’s credit card with any fines, fees or other costs occurred due to him as well as the handling fee without time limitation.

 

L) Return of the Vehicle

1. At the end of the rental period the renter is obligated to return the vehicle to Pegasus at the agreed location during normal business hours posted in the Pegasus office and in the condition stipulated herein, including all accessories and documents provided by Pegasus. The vehicle can only be returned personally to a Pegasus employee or authorized person.
At the end of the rental period the renter is not entitled to leave the rented vehicle on Pegasus’ premises after the end of business hours.

2. If, after the end of the rental period, the renter returns the vehicle to Pegasus at a non-agreed location, Pegasus shall be entitled to demand a usage fee from the renter for the period exceeding the rental period in the amount of the agreed rental fee including insurance premium.

3. Upon return of the rented vehicle Pegasus will check the vehicle for immediately visible damages and record them in writing. If the vehicle is not fully fueled or if Pegasus determines an unusual tire wear inconsistent with normal use, the renter shall absorb the costs occurred in such case. If a clutch defect is determined, the renter shall also absorb the costs for the repair, without Pegasus being obligated to prove that the renter is responsible for incorrect use of the clutch. If other damages should become visible later, Pegasus shall inform the renter in writing. Any consequential damage claims shall be absorbed by the renter.

 

M) Data Protection Clause

1. Pegasus gathers, processes and stores the renter’s personal data required for the rental agreement as well as telemetry data.

2. Inasmuch as it is necessary to protect Pegasus’ interests and renter’s interests worth protecting are not impaired, Pegasus shall be entitled to passing on collected data. This shall apply in particular if the data provided during renting where incorrect, the rented vehicle has not been returned within three hours after the end of the rental period, the rented vehicle has been stolen or damaged or the means of payment provided by the client cannot be redeemed.

 

N) General Provisions

1. The rental agreement is subject to the laws of the Federal Republic of Germany.

2. The renter shall have no right of retention regarding the rented vehicle or the accessories and documents provided to the renter.

3. Setting off receivables on the account of Pegasus is only possible in case of uncontested or legally determined receivables due to the renter’s account.

4. There are no additional verbal agreements. Amendments must be made in writing.

5. The place of jurisdiction for all performances by Pegasus and the renter is Mönchengladbach.

6. With regard to businessmen the place of jurisdiction shall be Mönchengladbach. Otherwise legal regulations shall apply.

Stand: 25.07.2011

Pegasus exclusive cars GmbH & Co. KG | Am Schomm 7 | 41199 Mönchengladbach | Phone: +49 (0) 2166 - 99 89 89 - 0 | Fax: - 9 | info@pegasus-rent.de