General terms and conditions for incentive rallies, drive yourself and the Classic Car Club, requested pick-up and weddings:
Company: jag-point – Menzel & Partner KG, Hauptstraße 130, 2371 Hinterbrühl, Austria
– The lessee and the driver must have sufficient financial resources to pay the rental fee and rent the vehicle as stated in the rental contract, together with the
necessary car manuals, first-aid kit, spare tyre and accessories, in order to operate the vehicle for their own account and at their own risk. The lessee is obliged
to inform him/herself about how to handle and drive the vehicle, to check the oil and water levels at least every 500 km and, if necessary, to top up the water
and oil, not to drive with the handbrake on, etc., and not to exceed the permitted speed limits. Moreover, the lessee is obliged to bear any costs resulting
from damage caused by incorrect handling of the vehicle. The lessee declares that he/she is adequately informed about the handling of the rental vehicle
and that he/she has the necessary driving knowledge. The lessee is responsible for any violation of the law.
– The lessee and the driver shall not allow the vehicle to be driven by a third party without the consent of the lessor, and shall not take part in any motor-sport
events or veteran/vintage car rallies, use the vehicle for commercial passenger transport, or use the vehicle under the influence of alcohol. In case of an
accident, the lessee is solely liable for the costs of conveying the vehicle to the nearest authorised repairer in Austria, unless the other party bears the costs.
– If the vehicle is damaged by unknown persons, the lessee and the driver are obliged to immediately report the matter to the police and to send the lessor
a confirmation of the report.
– The lessee and the driver are obliged to report any accident immediately, or as soon as possible and no later than 24 hours after the accident. If the lessee
and the driver do not meet these obligations, or do not do so in due time, they must compensate for all damage to the rental vehicle, irrespective of a possibly
– All lessees and drivers of the rental vehicle are solely liable for all costs accruing due to the leasing, as well as for compensation for any damage to the rental vehicle.
– The lessee and the driver are not allowed to set possible claims against claims of the lessor.
– In the event of a traffic accident, the driver should act according to Article 4 StVO (Road Traffic Regulations) 1960. In particular, names and addresses of all
persons and witnesses involved, as well as the registration numbers of the vehicles involved, should be recorded. Generally, he/she must do all they can to
throw light on the matter and contribute to a settlement; no fault should be acknowledged and, if possible, consequential damages are to be prevented.
In the case of third-party insurance cover being lacking or incomplete because of a possible breach of obligation by the lessee or the driver, the lessee and
the driver bear the risk solely.
– The lessor must be informed about any breakdown. The lessor is not liable for follow-up costs of breakdowns or accidents. The lessee is liable in full for tyre
and rim damage resulting from improper use.
– The lessee and the driver are obliged to bring the vehicle back at the time stated in the rental contact, at the latest. Any extension of the rental duration is
subject to confirmation by the lessor. The rental contract ends at the date stated in the rental contract or at an extended date. If the vehicle incl. registration
documents and accessories is not brought back by the due date, the lessee has to pay a contractual penalty to the amount of the respective day and mileage
allowance for each day until the vehicle incl. documents and accessories is brought back. If the vehicle is not brought back in the agreed manner, the lessee
has to pay all costs and follow-up costs resulting from the improper bringing back of the vehicle.
– If the lessee does not bring back the vehicle by the date stipulated, he/she must take note of the fact that he/she is consciously misusing the authorisation
to use the vehicle as stated in the contract. Therefore, and also due to insurance law, the lessor must report the offence to the police.
– In case of a use contrary to contract (misappropriation, theft, unauthorised use, etc.), the lessee or the driver is liable in full and to the extent that is excluded
from the insurance coverage of the third party insurance; in any case, however, to the amount of the excess, of EUR 1.500.-.
– In a case of personal negligence, neither the driver nor his/her relatives are covered by accident insurance. If the stated persons are injured, die or suffer other
harm, the driver and/or the relatives do not have any claims against the lessor.
– Journeys abroad have to be declared beforehand and must be approved by the lessor.
– The rental contract is subject to the law of the Republic of Austria. For all disputes arising from this contract, the agreed competent court is the District
Court of Mödling, Austria.
– If a vehicle that has been ordered by the lessee or driver is not available due to a technical defect or other cause, the lessor shall provide a replacement vehicle.
– jag-point – Menzel & Partner KG is not liable for delays, losses or claims resulting from an accident or a technical defect of the rental vehicle.
– Herewith, the lessee authorises the lessor, the jag-point – Menzel & Partner KG company, to use the credit card that is cited on the front of the rental contract,
under “Remarks”, in order to satisfy (debiting from the credit card) all claims relating to the rental terms and conditions.
– Drivers’ minimum age: 30 years, with minimum five years’ driving experience.
– The lessee binds him/herself not to smoke in the rented vehicle and also not to allow third parties to smoke in the vehicle. If the lessee ignores this smoking
ban, he/she must pay a flat fee of EUR 300.- for removing the odour.
– In the case of vehicles that are brought back not fully fuelled, they will be fully fuelled according to the actual petrol price list and, additionally, a processing
fee of EUR 24.- (incl. VAT) will be invoiced.
– The lessee and his/her agents are absolutely liable for any violations of law, in particular concerning traffic and regulatory matters, that are committed during
the rental period. The lessee absolves jag-point – Menzel & Partner KG from all motoring and on-the-spot fines, charges and other costs that the authorities
may seek to collect from jag-point – Menzel & Partner KG due to such violations. To offset the administration expenses incurred by jag-point – Menzel &
Partner KG for the processing of inquiries, the lessee pays jag-point – Menzel & Partner KG, for each inquiry to the public authorities, a processing fee to
the amount of EUR 36.- (incl. VAT). Moreover, jag-point – Menzel & Partner KG is allowed, without any time limit, to charge the lessee’s credit card account
for possible on-the-spot fines, fees and other costs, as well as with the processing fee, that affect the lessee.
– Fully comprehensive insurance: the excess for comprehensive insurance is EUR 1.500.-
The calculation base of the third-party insurance amounts to EUR 6,000.000.-
– Cancellation fees: until 60 days before the assignment 25% of the order total, until 30 days before the assignment 50% of the order total, until 7 days before
the assignment 75% of the order total, 1 day before the assignment 100% of the order total.
– The tariffs that are valid when renting the vehicle apply as the rental price, unless a special rental price has been agreed.
– Terms of payment: 1/3 on account when placing the order; the rest has to be paid without deduction before the order is completed, unless special terms
of payment have been agreed.