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Hirers Liability, Vehicle Insurance
11.1 In accordance with the principles of a comprehensive vehicle insurance [Kasko insurance], the Rental Firm will, in case of a damage, fully indemnify the Hirer against liability for material damage, subject to an excess to an amount of EUR 750.00 to beborne by the Hirer.
11.2 Under no circumstance, the Hirer is released from its liability under civil law, administrative law or criminal law as a consequence of accidents or negligent acting.
11.3 The indemnity against liability according to Section 12.1 will not apply if the Hirer fails to observe the rules set forth in the subsections of Section 8.
11.4 The indemnity against liability according to Section 12.1 will not apply if the Hirer has caused a damage by intent or gross negligence.
11.5 In case of negligence, the Hirer will be moreover liable in the following cases:
a. in the Hirer disregards the road traffic rules or regulations applicable in the country where he drives;
b. if loss/damage was caused by impaired ability to drive under the influence of drugs or alcohol;
c. if the Hirer or a driver to whom the Hirer has left the vehicle commits hit-and-run driving (absconds after an accident);
d. if the Hirer, contrary to the obligation set forth in Section 8, fails to call the police to an accident, unless such breach of obligation has neither affected the assessment of the cause of the damage nor the assessment of the amount of damage;
e. if the Hirer breaches any other obligations under Section 8, unless such breach of obligation has neither affected the assessment of the cause of the damage nor the assessment of the amount of damage;
f. if loss/damage is due to usage prohibited under Section 7.1;
g. if loss/damage is due to a breach of an obligation according to Section 7.2;
h. if loss/damage is caused by an unauthorised driver to whom the Hirer has left the vehicle;
i. if loss/damage is due to a failure to take account of the vehicles dimensions (height, width, length);
j. if loss/damage is due to a failure to comply with the load regulations.
11.6 The Hirer is liable for all costs, fees, fines and penalties imposed on the Rental Firm in connection with the use of the vehicle, unless they are based on a fault on part of the Rental Firm.
11.7 Several Hirers a are jointly and severally liable.
Liability of the Rental Firm, Statute of Limitation
12.1 The Hirer must return the vehicle in a flawless condition after respective inspection and performance of maintenance work required for its perfect operation. The Hirer shall be neither liable for cases of technical failure or breakdown attributable to normal wear and tear of the vehicle nor for any costs, delays or impairments that occurred directly or indirectly as a consequence of such failure or breakdown.
12.2 If a supply of the vehicle in due time is not possible due to force majeure, accidental events or reasons that the Hirer is not responsible for, that does not cause a right to claim damages, except for the repayment of the amount paid on account for the reservation by the Rental Firm to the Hirer.
12.3 The Rental Firm does not assume liability for the Hirers car parked on its premises free of charge during the term of rental of the motorhome.
12.4 The Rental Firm is liable without limitation for intent and gross negligence. In case of simple negligence, the Rental Firm is only liable for foreseeable loss/damage typical of the type of contract concerned, if there is a breach of an obligation the meeting of which is of particular importance to the achievement of the purpose of the contract (cardinal duty). This standard of liability also applies in cases of obstacles to performance upon conclusion of the contract.
12.5 There apply the Standard Terms and Conditions [AGB] available at the rental station at the start of the rental.
Place of Jurisdiction
For all disputes arising out of or in connection with the rental contract for the motorhome, it is hereby agreed that the place of jurisdiction shall be that of the respective rental station.