GENERAL TERMS AND CONDITIONS
§ 1 Scope
All offers and services provided by KRONE FLEET Deutschland GmbH (hereinafter referred to as “KRONE FLEET”) are exclusively subject to the following Terms and Conditions. These Terms and Conditions are an integral part of all contracts that KRONE FLEET concludes with its customers. They shall also apply to all future contracts with customers, without the need for separate agreements. Deviating contractual conditions of the Customer or other deviating agreements shall require a corresponding contractual agreement – at least in writing – with KRONE FLEET. By unconditionally accepting the services of KRONE FLEET, the Customer declares their agreement with the inclusion of these Terms and Conditions in the contractual relationship.
§ 2 Conclusion of a lease agreement / rental vehicle
On conclusion of a lease agreement with KRONE FLEET, the Customer receives the right to use the rental vehicle to the extent stipulated in the contract for the duration agreed in the lease agreement. KRONE FLEET is entitled, at its reasonable discretion, to make another rental vehicle available to the Customer instead of the specific rental vehicle defined in the lease agreement, providing it is of the same type and quality suitable for fulfilling the purpose of the lease agreement.
If the parties have not agreed on the transfer of a brand new rental vehicle, the Customer shall acknowledge the supply of a used rental vehicle suitable for the rental purpose and safe for traffic as fulfilment of the contract.
KRONE FLEET is entitled to replace the rental vehicle supplied to the Customer with another rental vehicle of the same type and quality suitable for fulfilling the purpose of the rental agreement, even during the term of the rental agreement.
§ 3 Rental and additional services / motor vehicle third-party liability / free kilometres / operating hours
The total amount to be paid by the Customer shall consist of the basic rent agreed in the lease agreement with the Customer, plus the rent for further additional services contractually agreed between KRONE FLEET and the Customer. The basic rent covers the supply of the rental vehicle for use in accordance with the contract.
If the rental item is a vehicle which requires third party motor vehicle liability insurance according to legal provisions, then the customer is obliged to take out third party motor vehicle liability insurance for the rental item. This shall take the form of a corresponding contractual agreement between KRONE FLEET and the Customer, against payment of an additional fee.
If a certain number of free kilometres or certain number of operating hours (e.g. for refrigerated vehicles) has been contractually agreed with the Customer, only these contractually agreed free kilometres/operating hours shall be included in the basic rate. KRONE FLEET shall be entitled to charge the Customer for additional kilometres / operating hours in excess of the contractually agreed scope with the compensation for over-use agreed in the rental contract. If the parties have not made any provisions to this effect in the lease agreement, KRONE FLEET shall be entitled to charge appropriate surcharges on the basic rent, at its reasonable discretion.
Equipping the rental vehicle with a telematics system (GPS) is not included in the basic rate. A contractual agreement between KRONE FLEET and the Customer shall be required to equip the rental vehicle against payment of a surcharge on the basic rate.
The basic rate does not include comprehensive insurance cover for the rental vehicle or insurance cover for damage to tyres (tyre insurance).
Additional services not included in the basic rent shall only be effectively agreed between KRONE FLEET and the Customer if the respective additional services and the respective additional rent are expressly included and stated in the lease agreement.
The basic rent, the rent for additional services and the resulting total rent are net amounts exclusive of value-added tax at the statutory rate.
§ 4 Terms of payment / due date / direct debit authorisation / offsetting
The Customer shall be obliged to pay the agreed total rate for the duration of the contractually agreed rental period, even if the Customer acquires the rental vehicle at a later point in time for reasons not attributable to KRONE FLEET. If the Customer does not return the rental vehicle, including the complete complement of vehicle documents, at the contractually agreed end of the rental period, the Customer shall be obliged to pay compensation for use to the amount of the agreed total rent until the rental vehicle is actually returned to KRONE FLEET.
The total rate is due and payable monthly in advance, at the latest on the third calendar day of a month. In the event of payment in arrears, the Customer shall be obliged to pay the statutory default interest plus a flat-rate reminder fee of €2.50 for each reminder. KRONE FLEET reserves the right to assert further claims for damages.
The Customer shall be obliged to grant KRONE FLEET, on demand, a direct debit authorisation from the Customer's account for all ongoing total rental payments, and to pay KRONE FLEET a flat-rate processing fee of €25.00 for each return-debit for which the Customer is responsible.
The Customer shall only be entitled to offset legally established or undisputed counter-claims against claims of KRONE FLEET. The Customer shall have no rights of retention of the rental vehicle or of rent due / compensation for use.
§ 5 Security deposit
The Customer undertakes to provide a security deposit, due immediately on conclusion of the contract, of two total rates plus the statutory value added tax for each rental vehicle, for all existing and future claims of KRONE FLEET arising out of the entire business relationship with the Customer.
The Customer shall provide the security deposit, at the discretion of KRONE FLEET, either by cash payment or by presentation of an unconditional, open-ended, irrevocable, and directly enforceable guarantee at the first request from a German credit institution, waiving the plea of advance action, contestability, and offsetting. KRONE FLEET shall not pay interest in the event of cash payment.
If the Customer has not provided the agreed security deposit by the due date, KRONE FLEET is entitled to refuse to hand over the rental vehicle.
KRONE FLEET has the right to demand the provision of securities for all due claims arising out of the business relationship at any time during the term of the business relationship. In the event of KRONE FLEET claiming on the security deposit, the Customer shall be obliged to make up the security deposit to the agreed amount on KRONE FLEET's first demand within five working days, at KRONE FLEET's discretion either by cash payment or by presentation of another guarantee meeting the above requirements.
The Customer's claim to settlement and repayment/return of the respective security deposit shall become payable no later than nine months after the date on which the respective rental vehicle is returned.
§ 6 Term / automatic contract renewal
A rental contract is concluded with the customer for the term agreed in the rental contract. If KRONE FLEET has contractually agreed a binding supply date for the rental vehicle with the Customer, the time of the supply shall mark the beginning of the rental period. The rental agreement shall end at the end of the contractually agreed term.
The following shall apply to rental agreements with a contractually agreed term of at least six months: If the Customer does not return the rental vehicle at the end of the agreed rental period, the rental relationship shall be automatically extended under the existing conditions, in each case by the original contractually agreed term, provided that the rental relationship has not been terminated by one of the contracting parties with a period of notice of two (2) months to the end of the respective contract term.
If the Customer continues to use the rental vehicle after termination of the contract, this shall not constitute a new rental relationship. The Customer shall then be obliged to pay compensation for use in the amount of the agreed total rental fee until the rental vehicle is actually returned to KRONE FLEET.
§ 7 Takeover and return / lettering on the rental vehicle / non-acceptance
The Customer shall be obliged to take over the rental vehicle at the beginning of the contractually agreed rental period at the agreed KRONE FLEET depot and to check the condition of the rental vehicle. When the rental vehicle is handed over, the parties shall draw up a handover protocol documenting the condition of the rental vehicle on handover that shall be signed by both parties. By signing the handover protocol, the Customer acknowledges the documented condition of the rental vehicle on handover as binding.
It shall only be possible for the Customer to take over the rental vehicle, if the Customer or a representative appointed by the Customer can be clearly identified. Therefore, the customer or the representative appointed by the customer is obliged to present a valid identity card and an original driving licence valid in Germany when taking over the rental vehicle. The Customer must ensure that any appointed representative presents a power of attorney when taking over the rental vehicle. If the Customer breaches these obligations, KRONE FLEET shall be entitled to refuse to hand over the rental vehicle and to withdraw from the contract on expiry of a reasonable grace period.
The Customer shall be obliged to return the rental vehicle to the agreed KRONE FLEET depot during normal working hours at the beginning of the contractually agreed rental period. When the rental vehicle is returned, the parties shall draw up a return protocol documenting the condition of the rental vehicle on return that must be signed by both parties. By signing the return log, the Customer acknowledges the documented condition of the rental vehicle on return as binding. The Customer, or the representative appointed by the Customer, shall again be obliged to present a valid identity card and a power of attorney from the Customer for identification purposes when returning the rental vehicle.
The Customer must return the rental vehicle clean and in a condition corresponding to its contractual use over the duration of the rental period. If the rental vehicle is not returned in the condition stipulated in the contract, KRONE FLEET is entitled to restore the rental vehicle to the condition stipulated in the contract at the Customer's expense and to charge the necessary costs to the Customer.
Upon return of the rental vehicle, the customer shall remove any existing customised lettering on the rental vehicle that shows the customer's own company logo or company lettering at the customer's expense or replace the affected parts of the rental item at the customer's expense insofar as removal is not possible without damaging the rental vehicle or parts of the rental vehicle. Permission must be obtained from KRONE FLEET to return the rental vehicle with customised lettering. In this case, with return of the rental vehicle, the customer hereby transfers all unlimited rights of use for the customised lettering present on return of the rental vehicle – including the unlimited right to transfer these rights of use to third parties – to KRONE FLEET, who hereby accepts this assignment. At the same time, with return of the rental vehicle, the customer hereby waives all claims against KRONE FLEET in connection with use of the rental vehicle with the customised lettering in the future by KRONE FLEET or by other third parties, including all relevant trademark rights, copyrights, rights to the use of names and other industrial property rights and all other associated rights.
KRONE FLEET reserves the right to claim payment of the rental fee for the duration of the contractually agreed term in the event of non-acceptance of the rental vehicle or return of the rental vehicle before expiry of the contractually agreed term.
§ 8 Use of the rental vehicle /technical inspections / place of use
The Customer shall be obliged to use the rental vehicle only for the contractually agreed purpose and with due care during operation. In particular, the Customer shall be obliged to constantly monitor the operational safety and road safety of the rental vehicle, to have the rental vehicle operated only by qualified and competent persons, to comply with prescribed maximum axle loads, payloads, semi-trailer loads and ground load capacities, and to use only suitable and approved tractor units when operating the rental vehicle.
Without the prior consent of KRONE FLEET (at least in text form), the Customer is obliged not to use the rental vehicle for materials or other cargo that could impair the use of the rental vehicle for the intended transport of other cargo.
Modifications - including markings - to the rental vehicle may only be made by the customer with the prior consent of KRONE FLEET, at least in text form.
The Customer shall be obliged to observe and adhere to the dates indicated by KRONE FLEET for ongoing technical inspections of the rental vehicle; the costs of these inspections shall be borne by the Customer. The fees for ongoing technical inspections of the rental vehicle shall be borne by KRONE FLEET.
Use of the rental vehicle shall be limited to geographical Europe, including the European part of the Russian Federation.
§ 9 Right of inspection
KRONE FLEET is entitled to inspect and examine the rental vehicle or to have it inspected and examined by a representative, at any time. When requested, the Customer is obliged to inform KRONE FLEET at any time of the current location of the rental vehicle, and to grant KRONE FLEET access to the rental vehicle.
§ 10 Telematics system (GPS)
If it has been agreed with the Customer that the rental object shall be equipped with a telematics system (GPS), KRONE FLEET shall install the necessary equipment in the rental vehicle. The Customer is obliged to use the equipment and the SIM card provided by KRONE FLEET only for contractual purposes, and to refrain from interventions in, modifications of or other technical changes to the equipment. In the event of damage, theft, or other impairment of the equipment or the SIM card, the Customer shall be obliged to inform KRONE FLEET without delay.
§ 11 Insurance /comprehensive insurance cover / tyre insurance / excess / claims
If the rental item is a vehicle which requires third party motor vehicle liability insurance according to legal provisions, then the customer is obliged to take out third party motor vehicle liability insurance for the rental vehicle. This shall take the form of a corresponding contractual agreement between KRONE FLEET and the Customer, against payment of an additional fee.
The Customer shall be obliged to take out appropriate comprehensive insurance for the rental vehicle. This can take the form either of a corresponding contractual agreement between KRONE FLEET and the Customer against payment of an additional fee, or by presentation of proof of comprehensive insurance cover for the rental vehicle taken out by the Customer elsewhere.
The Customer can take out protection for damage to tyres (tyre insurance) against payment of an additional rate by means of a corresponding contractual agreement with KRONE FLEET. KRONE FLEET is entitled to terminate this contractual agreement for tyre insurance extraordinarily with one month's notice to the end of the month, if KRONE FLEET's total expenses under the tyre insurance agreement concluded with the Customer exceed 80% of the additional rental fees due for this period within six consecutive months.
If an excess per claim has been agreed with the Customer, the Customer shall be liable up to the amount of the excess for each individual claim.
In the event of any damage, theft or other loss of the rental vehicle, the Customer shall be obliged to notify the police immediately and to remain on site until the arrival of the police. The Customer shall be obliged to record the names, addresses, and registration numbers of all persons and vehicles involved, as well as the names and addresses of all witnesses, and to prepare a complete damage report, including an accident drawing, and to inform KRONE FLEET immediately of the damage, theft or other loss of the rental vehicle by submitting this complete documentation. The Customer shall not be entitled to make an admission of guilt or to make statements on the question of guilt by other statements or concessions.
In the event of damage, the Customer is obliged to document the registration number, name, and address of the vehicle holder and the driver, as well as the time and duration of the use of the tractor unit for the rental vehicle at least in writing, and to inform KRONE FLEET of these immediately if requested to do so in order to facilitate any claims for compensation.
§ 12 Motor vehicle tax / fines / fees
If the rental vehicle is a vehicle that is towed behind a tractor unit, the rental vehicle may only be towed behind a tractor unit of the Customer for which an increased tax has been levied for the trailer surcharge in accordance with § 10 German Motor Vehicle Tax Act (KraftStG). At the express request of the Customer, it may be agreed that KRONE FLEET shall pay motor vehicle tax for the rental vehicle. For this purpose, a corresponding contractual agreement at least in text form between KRONE FLEET and the Customer and payment of a corresponding surcharge to the rate shall be required prior to the commencement of the rental agreement.
If the Customer tows the rental vehicle behind a tractor unit for which no increased tax has been levied in accordance with § 10 KraftStG, the Customer shall be obliged to reimburse KRONE FLEET for the tax to be paid for the rental vehicle as well as a flat-rate processing fee of €40.00 for each individual case.
If, during the period of use of the rental vehicle by the Customer, there are violations of statutory provisions, in particular of traffic regulations and rules of law, the Customer shall be obliged to indemnify KRONE FLEET against all fines, fees, and other costs levied against KRONE FLEET by authorities or other bodies or persons due to such violations, as well as to reimburse KRONE FLEET for a flat-rate processing fee of €40.00 for each individual case.
§ 13 Sub-renting
Any sub-renting or other transfer of the rental vehicle to third parties shall only be permitted with the prior express consent of KRONE FLEET, at least in text form. KRONE FLEET may refuse or revoke consent to sub-renting or other transfer of the rental vehicle to third parties for good cause at any time. When requesting consent, the Customer shall be obliged to inform KRONE FLEET of the intended sub-renter / third party and the duration and purpose of the sub-renting / transfer of the rental vehicle.
As security, Customer hereby, at this time, assigns to KRONE FLEET all claims against the sub-renter / third party for recovery of the rental vehicle and payment of the rental fees up to the amount of the payment claims that are due and payable. KRONE FLEET accepts the assignment. The Customer remains revocably entitled to collect the payment claims against the sub-renter / third party.
§ 14 Liability / statute of limitations
Claims for damages by the Customer against KRONE FLEET, on whatever legal grounds, are excluded. This shall not apply in the case of intent and gross negligence, in the event of damage caused by breach of a cardinal obligation and in the event of damages arising from wrongful death, personal injury or health impairment.
Claims by KRONE FLEET against the Customer due to modifications to or deterioration of the rental vehicle shall become statute-barred nine months after the date of return of the rental vehicle to KRONE FLEET.
§ 15 Notice of termination
In the case of rental contracts for an unlimited term, each party to the contract may terminate the contractual relationship with a period of notice of one month to the end of the month.
This shall not affect the right to extraordinary termination for good cause. Good cause for extraordinary termination by KRONE FLEET shall be deemed to be, in particular:
(a) if the Customer uses the rental vehicle in breach of contract,
(b) if the Customer is more than 14 calendar days in arrears with the payment of a gross monthly rent,
(c) if insolvency application proceedings or insolvency proceedings are opened against the customer's assets or if opening insolvency proceedings is rejected for lack of assets,
(d) if the customer fails to provide the contractually agreed rental securities in due time,
(e) if, despite contractual agreement, the Customer does not issue a direct debit authorisation for the agreed fees within 14 calendar days of being requested to do so,
(f) if the Customer suspends or terminates the business,
(g) if the Customer is rated 4 or worse by the Creditreform Group. If the Customer is a natural person, good cause for extraordinary termination by KRONE FLEET shall also be given if after conclusion of the rental agreement, an entry is made for the Customer in the debtor registry stating "creditor satisfaction excluded" or "non-delivery of asset disclosure", or if any entry is made therein with corresponding wording,
(h) if the rental vehicle is seized or confiscated by third parties, in particular by sovereign measures of the public administration, or if public-law custody of the rental vehicle is established or brought about by other measures for reasons not attributable to KRONE FLEET.
Any notice of termination must be given at least in writing.
§ 16 Formal requirements for contractual declarations
All contractual declarations on the conclusion and termination of contracts, as well as all declarations on amendments or additions to the content of the contract, must be made at least in writing, unless otherwise stipulated above. Exempt from the written form requirement are the declarations of assignment and transfer and waiver already made in § 7(5) (lettering on the leased property) and § 13(2) (subleasing) above.
Instead of written form, the Customer and KRONE FLEET may agree that the exchange of these contractual declarations shall take place via the signature service "DocuSign" using a simple electronic signature with manipulation check.
§ 17 Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply. Place of jurisdiction is Hamburg-Mitte.
Date: 01/10/2022