Terms and Conditions of Car Prestige

 

1. Subject Matter and Scope of Application
These General Terms and Conditions (GTC) form an integral part of the rental agreement between the renter and Car Prestige as the lessor. By signing the rental agreement, the renter confirms that they have read the General Terms and Conditions and accept them unconditionally.

2. Acceptance of the Vehicle
The renter accepts the rental vehicle with a full tank of fuel and in a safe and clean condition. Pickup and return take place at the rental office. A condition report is kept upon pick-up and return of the rental vehicle. Any damage must be noted in writing. The rental vehicle must be returned with a full tank of fuel and in proper condition. The fuel receipt must be brought along. Failure to comply with this rule will result in a fee of CHF 50.00 being charged by the lessor in addition to the full tank of fuel. The lessor is entitled to complain about any damage up to 7 working days after the return.


3. Prohibited Uses / Entry Restrictions / Exit Restrictions
The renter may not use the rental vehicle:

3.1 Overloaded or with more people than permitted in the vehicle.

3.2 For the transport of flammable, explosive, toxic, or dangerous materials, as well as illegal substances.

3.3 For subletting.

3.4 For the transport of goods or persons for payment.

3.5 For participation in motorsport events, vehicle testing, and driver training.

3.6 With the ESP (electronic stability program) deactivated.

3.7 For towing another vehicle, unless the rental vehicle is a vehicle designated for this purpose.

4. Trips abroad / EU citizens
Renters/drivers residing within an EU country are not permitted to travel to neighboring countries (EU VAT law). In the event of a violation, the renter/driver is liable for any costs incurred (unless Car Prestige has given written approval).

5. Contract Performance
If the rental vehicle cannot be made available for rental at the start of the rental period, the lessor may withdraw from the rental agreement without compensation (including damages). If possible, the lessor will offer a suitable replacement vehicle.

6. Payment Terms
The rental price is stated in the rental agreement and includes the use of the vehicle specified in the rental agreement for the agreed period, as well as, if agreed upon, additional fees for comprehensive insurance, insurance, accessories, additional drivers, etc., as well as limitations of the renter's liability. In the event of early return, the rental price is non-refundable. In the event of a return delay of more than 30 minutes, an additional rental day will be charged. The agreed rental fee must be paid in cash or by bank transfer before the start of the rental period. If a rental deposit has been paid, the lessor reserves the right to temporarily retain it for up to 60 days after the conclusion of the rental agreement in the event of damage or a breach of the General Terms and Conditions.

7. Insurance
Liability insurance is included in the rental price. Comprehensive or partial comprehensive insurance is included in the rental price, provided this has been agreed upon in the rental agreement. Unless otherwise agreed upon in the rental agreement, the deductible is CHF 4,000.00 per claim, and for new drivers (drivers under 25 years of age), CHF 5,000.00 per claim. The deductible must be paid immediately upon return of the rental vehicle in cash or by card payment. In addition, the lessor reserves the right to claim up to CHF 15,000.00 for all expenses and rental losses.

The following are not insured under any circumstances:
- Damage caused by improper driving or incorrect handling.
... - Damage caused by grossly negligent or intentional behavior of the renter (e.g., excessive speeding, drunk driving, failure to observe distance regulations or running red lights, etc.).

8. Insurance Exclusions
The insurance does not cover driving without a valid and required driver's license, learner driving, towing, car racing, damage caused by alcohol (blood alcohol content of more than 0 per mille) or under the influence of narcotics or mind-altering medications, damage caused by disturbances of any kind, damage caused by failure to comply with minimum height and width requirements, or the transfer of the vehicle to third parties. There is no passenger insurance. Recovery costs, tire damage, lost keys, and damage caused by martens are the responsibility of the renter/driver. Windshield repairs are charged at cost.

9. Traffic Violations
The renter/driver is fully liable; additional expenses will be charged with a CHF 100.00 processing fee.

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10. Accidents
The rental company and the police must be notified. An accident report must be drawn up. The renter/driver is liable for any unreported damage and traffic violations of any kind.

11. Repairs to the Rental Vehicle
Repairs will only be reimbursed after prior consultation with the rental company and upon presentation of a receipt.

12. Liability
The rental company cannot be held liable for any damage, unless they acted intentionally or with gross negligence. Replacement vehicles will only be reimbursed after prior consultation with the rental company and upon presentation of a receipt. Lost and found items will be reported to the renter/driver, if possible. We will dispose of them after a maximum of one month. Valuables will be handed over to the Lost and Found office after this period. The renter and driver are jointly and severally responsible for the rental vehicle. The renter and driver are also jointly liable for any damage caused to the vehicle.

13. Cancellation
Reservation cancellations are possible free of charge up to two working days before the start of the rental period. Cancellations made within this time limit will be charged at the rate of one day's rental of the rented vehicle plus a processing fee of CHF 30.00. Early return does not entitle the owner to any reduction or refund.

14. Termination of Contract
The rental agreement will end immediately and without express notice of termination by the lessor in the event of unlawful behavior, if the renter or driver provides false information, or in the event of default or bankruptcy.

15. Return of the Rental Vehicle
Upon termination of the rental agreement, the renter/driver is obligated to return the vehicle immediately. The lessor reserves the right to repossess the vehicle or have it picked up, even if it is parked on private property. Any additional costs, including a processing fee of CHF 30.00, are borne by the renter/driver. Cleaning costs due to excessive soiling will be charged at the expense incurred.

16. Data Protection
All data received by the Lessor from the Lessee or other persons affected by the rental transaction will be processed in accordance with the provisions of the Swiss Data Protection Act (DSG) and the EU General Data Protection Regulation (EU GDPR), where applicable. Name, address, and rental details, as well as all other information about the Lessee known to the Lessor, will be forwarded to the relevant authorities upon justified official inquiries (e.g., in the context of traffic violations).

17. Collection
Deferred Payment: The invoice amount is due on the calendar day stated in the invoice. Interest on late payment is 9%. The Contractor reserves the right to refuse an order until the entire outstanding amount has been paid. A fee of CHF 15.00 will be charged for the first reminder, and CHF 20.00 for each subsequent reminder. Collection is handled by Creditreform Egeli Basel. The expenses incurred for this purpose are reimbursable and depend on the amount of the claim. The fees after an unsuccessful second reminder are CHF 60.00 up to a claim amount (FH) of 50, CHF 100.00 up to FH 150, CHF 125.00 up to FH 300, CHF 190.00 up to FH 500, CHF 260.00 up to FH 1 000, CHF 350.00 up to FH 2 000, CHF 530.00 up to FH 4 000, CHF 900.00 up to FH 8 000, CHF 1 330.00 up to FH 16 000, CHF 2 000.00 up to FH 32 000, CHF 2 600 up to FH 50 000, from FH 50,000, they amount to 5.5% of the claim.

18. Place of Jurisdiction and Applicable Law
The contractual relationship between the lessor and the renters/drivers is governed by Swiss law. The contracting parties agree to seek an amicable settlement in the event of any disagreements before resorting to a court. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is in any case CH-5001 Aarau, or, in the case of contracts with consumers, the statutory place of jurisdiction.