General Terms and Conditions

1. Acknowledgment

The lessee/user has been informed comprehensively of the terms of lease, in particular about the excess, the omission of the limitation of liability and of the vehicle insurance. The contract clauses have been explained in detail and the lessee/user expressly acknowledges them. One copy has been given to the lessee/user.

2. Term of the Lease / Lease Price

JB CarConcept GmbH shall supply the lessee with a roadworthy, clean, and technically flawless vehicle, unless the lessee expressly requires otherwise. The term of the lease shall commence upon the receipt of the vehicle and shall terminate upon the return at the registered office of JB CarConcept GmbH or at the point of return agreed upon (e.g. in the case of delivery/collection). In the case that the vehicle has been damaged due to a fault of the lessee, the term of the lease agreed upon shall be extended until the completion of the repair or until the completion of the repair period determined by a motor vehicle expert; in the case of a total loss as a result of an accident, the period for a replacement determined by the expert or a period of 14 days (in accordance with the general jurisdiction) shall be binding. If the vehicle is returned before the expiry of the term of the lease, the agreed daily rate or the lump sum per kilometre shall be paid for the remaining days until the return date originally agreed upon. The costs of lubricants and fuel as well as all cleaning expenses shall be borne by the lessee. The price to be paid by the lessee shall be indicated in the individually created quotation. The services indicated in it as well as the price shall be deemed to be agreed upon when the lessee accepts the terms of the quotation. The lease price/deposit shall be paid in advance and shall be due upon the conclusion of the agreement, unless the parties have agreed upon a deviating individual date of payment. In the case that the reservation is cancelled subsequent to its confirmation by the customer, JB CarConcept GmbH shall be permitted to claim damages. Notwithstanding the possibility of claiming higher actual damages, JB CarConcept GmbH shall be permitted in that context to claim 60% of the agreed price without transport costs as a lump sum compensation. If JB CarConcept GmbH claims the lump sum compensation amounting to 60%, the lessee shall be permitted to prove that the damage has not occurred or is significantly lower than the claimed lump sum. If the transport to the lessee is already ordered or arranged, the lessee shall bear the full amount of the transport costs.

3. Lessee’s Obligations / Use

The lessee shall treat the vehicle with care and shall comply with all statutory and governmental regulations. The participation in motorsports events shall not be permitted. The use on test tracks as well as any off-road use shall require the lessor’s prior consent. Any test drives shall in principle be subject to unlimited liability due to the high amount of wear and tear and the increased hazard potential. The lessee’s liability shall also include any excessive wear of the tyres, brake system, clutch or other mechanical parts. The lessee shall also be liable in full for damages that are attributable to technical alterations.

The lessee shall be responsible for the facts that all persons who drive the vehicle have a valid driving license, the personal suitability for driving vehicles, and are authorised by the lessee. The lessee shall be obliged to disclose, upon JB CarConcept GmbH’s request, the names and addresses of all drivers of the vehicle, unless they are expressly indicated in the contract. The drivers shall be performing agents of the lessee, and accordingly, the lessee shall be equally liable for their activities as for their own. The lessee’s liability shall also cover ancillary costs of the respective damage, such as towing costs, loss of rent, and costs of expert opinions as well as of any possible decrease in value.

4. Maintenance and Repairs

The lessee shall comply with the maintenance intervals of the vehicle left to the lessee and shall report to JB CarConcept GmbH each due date in writing or by email. JB CarConcept GmbH shall arrange for any necessary maintenance. In the case that this is not possible due to the location of the vehicle, JB CarConcept GmbH shall bear these costs exclusively subject to prior consent and the provision of the respective supporting documents. In the case that a repair becomes necessary during the period during which the vehicle is used in order to ensure the operation or traffic safety of the vehicle, the lessee shall be permitted to immediately instruct an authorised repair shop to carry out repairs costing up to €75.00, and larger repairs shall require the prior consent of JB CarConcept GmbH. JB CarConcept GmbH shall bear the repair costs if the corresponding supporting documents are provided, unless the customer is liable according to no. 3) or no. 6) of these provisions.

5. Conduct in Cases of Accidents and Damages / Customer’s Obligation to notify

In the case of a traffic accident (even without third party damage), the lessee shall be obliged to inform the responsible police station without delay and to report the accident as well as to take all measures to ensure the preservation of evidence of that accident and the enforcement of any possible damage claims. Any claims of the respective other party shall not be acknowledged. In addition, the lessee shall inform JB CarConcept GmbH without delay and shall create a written accident report at the latest when the lessee returns the vehicle. This report shall include in particular the names and addresses of all people involved in the accident and any possible witnesses as well as the registration numbers of the vehicles involved.

6. Return of the Vehicle / Customer’s Liability

The vehicle shall be returned to the lessor at the agreed time and at the agreed location. The lessee shall return the vehicle in the same state in which the lessee has accepted it. The fuel tank of the vehicle shall be filled up. During the period of use by the lessee, the fuel tank shall be filled up at the lessee’s expense. The lessee shall bear the repatriation costs if the lessee returns the vehicle at another location than the one agreed upon.

The lessee shall be liable for all damages to the vehicle that occurred during the use and that were detected upon the return. If the lessee takes out a comprehensive vehicle insurance cover [Vollkaskoschutz], the liability shall be reduced to the excess included in this comprehensive vehicle insurance and agreed upon in writing. The comprehensive vehicle insurance shall only include damage caused by accidents, i.e. an event occurring directly from outside and suddenly with mechanical force. Any damage attributable to a damage of the brakes, a breakdown, and pure breakage shall not constitute an accidental damage. Thus, the comprehensive vehicle insurance shall not cover any damage that occurred as a result of an inappropriate handling and/or operation of the vehicle, e.g. due to a gear changing error or misfuelling. The lessee shall be liable in particular in cases of any damage caused by glass and accidents involving furred game as well as fire, theft, and elemental damage. If a lessee takes out a partial vehicle insurance cover [Teilkaskoschutz], the liability shall be reduced to the excess included in this partial vehicle insurance and agreed upon in writing. The lessee shall not be liable for any damage that is caused by a third party and a compensation for which is paid by the liability insurance of that third party. In the case of vehicles that are not registered, no vehicle insurance may be offered, so that the full amount of liability related to any damage shall be borne by the lessee.

Irrespective of a liability reduction possibly agreed upon in writing and in advance, the lessee shall be liable without any limitations

• if the lessee leaves the scene of accident without permission or infringes the lessee’s liability according to no. 5);
• in cases of intent or gross negligence;
• for any damage to vehicles in the lessee’s possession that are not registered;
• for excessive wear and tear to tyres, the brake system or the clutch;
• for any damage resulting from off-road use;
• for any damage resulting from driving events that are organised for driving at top speed;
• for any damage caused by the (even temporary) installation of meters or the like;
• for all charges, duties, administrative fines, and financial penalties accruing in connection with the use of the vehicle and claimed from JB CarConcept GmbH as keeper [Halter] or lessor;
• for any possible accruing toll fees in accordance with the German Motorway Toll Act [Bundesfernstraßenmautgesetz];
• in the case of infringements of no. 3), no. 4) or no. 5) of these contractual provisions.

7. Termination

The lessor shall be permitted to terminate the agreement early or without complying with a notice period if the continuation of the lease agreement is unreasonable, in particular if the lessor gains knowledge of false information regarding the type and duration of use. Claims of the lessor for damages shall remain unaffected thereof.

8. Place of Performance, Jurisdiction

All disputes arising from this GTC shall be governed by German law. The place of performance and jurisdiction shall be the registered seat of JB CarConcept GmbH.

9. Ancillary Provisions

The parties have not entered into any oral ancillary agreements. Any changes to GTC shall only be effective when agreed upon in writing.

Stand 08/2018 JB CarConcept GmbH