1. Intended Use
Usage of the vehicle shall only be permissible within the framework of the agreed purpose of use. The user shall in particular be prohibited to – leave the vehicle to other persons than the authorized driver mentioned on the frontpage; leave the vehicle to such authorized driver if such is subject to a driving ban or if such is not in the possession of a valid driving licence; - use the vehicle, if he/she himself/herself is subject to a driving ban or if he/she himself/herself is not in the possession of a valid driving licence; - use the vehicle in an unroadworthy condition; - commercially use such against payment; - participate in motorcycle events of any sort whatsoever, including the corresponding transfer travels of the vehicle far away from paved roads; tow trailers, vehicles or other objects; - transport easy flammable, poisonous or other dangerous material.
2. Delivery and Usage
The vehicle shall – unless otherwise agreed upon – be delivered with full gas tank and in clean condition and shall also be returned in the same condition. The user has to treat the vehicle properly and handle it with care. Parts shall neither be replaced nor removed, without written approval of the enterprise TWT Moto. Same shall be valid for additional equipment. Reparations shall only be executed with express consent of the enterprise TWT Moto. The repair centre shall in any case be chosen by the enterprise TWT Moto.
3. Liability of the user
The user shall be liable at fault (even in case of slight negligence) for the period from delivery until return of the vehicle towards the enterprise TWT Moto also for loss (also for going- missing and for confiscation) of the vehicle as well as for any damages (such as e. g. damages arising from accidents or from operation, damages resulting from improper handling and damages arising from decline in value) that exceeds normal wear-and-tear of the vehicle and arise during the rental period up to the deductible amount. The user shall be liable for any damages exceeding the deducible amount, provided that the destruction of the vehicle or its damage was caused by gross negligence or intent of the user or the unauthorized driver (cf. point 1). Should the destruction of the vehicle or its damage occur while being used by an unauthorized driver or while being used not in accordance with the agreed insurance purpose, the user shall already be liable for slight negligence, irrespective of the fact if such can be attributed to the user himself/herself or to the driver. The user shall furthermore be liable for damages or the destruction caused by light negligence if he/she could accept the vehicle on the public highways without fault. The user is obliged to avert and reduce the occurrence of any damage as far as possible. If circumstances permit, he/she has to obtain instructions from the enterprise TWT Moto and to observe such.
4. Exclusion of liability of the enterprise TWT Moto
The enterprise TWT Moto shall be held liable neither for any contractual nor for non- contractual damages the user or any third party incurs in connection with the provision of the vehicle; unless the enterprise TWT Moto acts intentionally or gross-negligently. Claims against employees of the enterprise TWT Moto and its vicarious agents cannot be asserted if claims against the enterprise TWT Moto itself do not exist. The user shall exempt the enterprise TWT Moto of any claims of third parties arising out of accidents, insofar and to the extent that the legal liability insurance of the enterprise TWT Moto does not cover the damage. In cases in which the insurer has to settle the damages indeed, in which it can however have recourse against the user or the driver due to legal provisions, shall not affect the enterprise TWT Moto. The user shall exempt the enterprise TWT Moto of any claims arising out of breaches of laws4, ordinances or other provisions in connection with the usage of the vehicle by himself/herself or by a third party. The enterprise TWT Moto is entitled to perform payments if claims are asserted against it and to have recourse to the user.
5. Rides outside of the Federal Republic of Germany
Should the Federal Republic of Germany be left, the user needs prior approval therof by the enterprise TWT Moto. If this approval is granted, the approval shall in any case be limited to rides and sojourns within Europe to which the insurance coverage applies, also is limited. Should the permanent residence of the user/driver not be located within the Federal Republic of Germany, the user shall be obliged to present the vehicle to the first foreign customs service and to have it, if applicable, properly cleared there for temporary use. Any securities have to be provided by him/her. Should any claims in terms of customs or fines arise due to the non-respect of respective customs regulations these shall be borne by the user.
6. Requirements in case of damage
Should the vehicle be involved in an accident (any incident in road traffic which leads to personal or material damage exceeding complete insignificance) or the vehicle or parts therof be stolen, the user shall without any further delay notify the enterprise TWT Moto therof orally and in writing as well as the closest police station. The written accident report to the enterprise TWT Moto shall contain the following information: Date, time and place of the accident; information on the driving licence of the driver (category, issuing authority, date of issue); address and insurance number of the other persons involved in the accident as well as the number of the registration plates of the vehicles involved in the accident; -detailed report on the accident (including drawing) as well as name and address of any potential witnesses; - extent of damage (injury, death, material damage); - information regarding the whereabouts of the vehicle.
The user has to return the vehicle at the end of the rental period at the place of take-over or at the agreed place of return. The enterprise TWT Moto is entitled to demand surrender of the vehicle at any time. The enterprise TWT Moto is in particular entitled to cancel this vehicle rental contract without observation of any notice period already before the vehicle is surrendered if the enterprise TWT Moto needs the vehicle itself. Should the user not return the vehicle in time, the user is liable for any damage that the enterprise TWT Moto incurs out of the fact that its possession is withheld.
Modifications and amendments of the contract as well as additional agreements are only valid, if they are convened in writing. The user shall not be entitled to retain the vehicle for any alleged claims arising out of other legal relationships with the enterprise TWT Moto. Any disputes arising out of or in connection with this contract shall be governed by the law of the Federal Republic of Germany. Place of fulfilment and place of jurisdiction of all claims out of this contract shall be the place where the delivery of the vehicle to the user took place.