Términos y condiciones

GENERAL TERMS AND CONDITIONS

Notice: These Terms and Conditions are available in several languages. For contracts concluded with consumers in Austria, the German version shall prevail and be legally binding. Any translations are provided for information purposes only.

PREAMBLE

These General Terms and Conditions (GTC) apply to all rental agreements concluded between the following parties:

AUSTRAUTO GmbH
(hereinafter: AUSTRAUTO) as the Lessor

registered in the commercial register of the regional court of Korneuburg at FN 485386d
Address: Objekt 134, Parkhaus 4, Car Rental Center 0A2804,

1300 Vienna International Airport (Austria)
VAT: ATU73093038
E-mail: info@dryyve.at

and the respective Lessee.

These GTC form an integral part of the rental arrangement and, together with the Booking Confirmation and/or the Rental Agreement and any additional written document expressly agreed and acknowledged by the Lessee in connection with the rental (including any written offer or selection of optional products/services), constitute the contractual rental arrangement.

The GTC are made available at https://dryyve.com/general-terms-and-conditions-02-02-26/ to the Lessee during the booking process and/or at the rental station and may be provided in printed form or another durable medium upon request. The applicable price list/Cost Table (“Cost Table”) is made available to the Lessee at the rental station prior to signing the rental agreement and may be provided in printed form or another durable medium upon request. Key price elements applicable to the rental are made known to the Lessee prior to contract conclusion during the booking process and are confirmed in the Booking Confirmation. The applicable Cost Table, including all fees, surcharges and administrative charges that may become payable under the rental arrangement, is made available to the Lessee in a clear and accessible manner at the rental station and is expressly accepted by the Lessee at the latest prior to signing the rental agreement. No fee may be charged unless it was expressly agreed or clearly communicated in the Booking Confirmation and/or provided for in the applicable Cost Table made available and accepted in accordance with this clause.

In case of conflict between these GTC and the rental agreement, the provisions of the rental agreement shall prevail, unless otherwise expressly stated.

Document delivery check at the counter: At the latest when leaving the counter, the Lessee shall verify that all rental documents have been duly delivered in full to the contact details provided by the Lessee (e.g. email address and/or phone number). This includes, as applicable, (i) the rental agreement, (ii) any declarations made by the Lessee at the counter, (iii) these GTC, (iv) the applicable Cost Table, (v) the Vehicle Condition Report Form (or equivalent check-out/check-in record), and (vi) any other documents closely connected to the rental. If any document is missing or incomplete, the Lessee shall promptly inform AUSTRAUTO before leaving the counter (or, if the omission becomes apparent only thereafter, without undue delay) so that AUSTRAUTO can re-send or provide it in a durable medium. This clause does not affect any mandatory statutory rights of the Lessee.

1. Lessee/Driver

1.1.     Vehicle Lessee

A valid rental agreement may be concluded with a legal entity represented by an authorized representative, or with a natural person, provided that this person has full legal capacity, has a means of payment accepted by AUSTRAUTO, as communicated during the booking process and/or made available on AUSTRAUTO’s official website, and provides the following valid documents and information:

1.1.1.    Identification document: A valid national identity card or passport is required for citizens of EU, EEA, EFTA, or Schengen countries. All other citizens must present a valid passport;

1.1.2.    Driving license:

(a) The Lessee and any authorized driver must present the original, valid driving license at the time of vehicle collection, together with the identification document referred to in Article 1.1.1.

(b) Photocopies, digital or electronic licenses, provisional (learner’s) licenses, licenses with temporary restrictions, or otherwise invalid licenses shall not be accepted.

(c) Driving licenses issued in a non-Latin alphabet must be accompanied by either:

a valid International Driving Permit (IDP), or

an official translation issued by a competent authority.

(d) The IDP or official translation does not replace the original driving license and must always be presented together with the underlying domestic driving license.

(e) Where an IDP is required or presented, AUSTRAUTO may accept it only if it was issued within the preceding 12 months, regardless of its formal validity period, and remains valid for the entire rental period. This requirement is applied for verification and compliance purposes. An IDP shall not be accepted beyond the expiry date of the underlying domestic driving license.

(f) Non-EU licenses may be subject to additional objectively justified requirements (e.g., IDP or translation requirements and reasonable verification checks), provided that such requirements are communicated to the customer prior to vehicle collection.

1.1.3.    Residence information: The Lessee must provide details of their current address and, if different, their habitual residence.

1.2.         Driver

1.2.1.    Only persons who are

1. expressly registered as a driver with their complete data in the rental agreement may drive the vehicle. These are the Lessee and, if applicable, other registered drivers. The Lessee is obliged to provide the name and address of all other drivers, unless otherwise agreed in writing and subject to verification of the contractual party’s identity;
2. have a valid driving license within the meaning of Article 1.1. and valid identity documents, which must be presented at the latest when the vehicle is taken over, and
3. must be of the minimum age required.

1.2.2.    Drivers of all categories of vehicles must be at least 19 years of age. If the driver or one of the authorized drivers is a person who is between 19 and 25 years old at the time of the rental (“young driver”), a young driver additional fee applies per rental day and per young driver. If the driver or one of the authorized drivers is a person who is 70 years of age or older at the time of the rental (“senior driver”), a senior driver additional fee applies per rental day and per senior driver. Any such fee is payable only if the driver status is agreed and the exact price is clearly disclosed to the Lessee before the driver is added (e.g. in the rental agreement or by a written offer at the counter).

1.2.3.    Any additional driver must be expressly agreed with AUSTRAUTO and registered in the rental agreement. In this case, an additional driver fee may apply per day and per additional driver. Any such fee is payable only if the additional driver is expressly agreed and the exact price is clearly disclosed to the Lessee before the driver is added (e.g. in the rental agreement or by a written offer at the counter). If the additional driver is a young driver within the meaning of Article 1.2.2., no additional driver fee applies, only the young driver additional fee per day (if applicable) may be charged. The driver, who is not also the Lessee, must meet the requirements set out in Article 1.2.1.

1.2.4.    Persons not expressly listed as authorized drivers in the rental agreement may not drive the rental vehicle. Persons who are unable to present the documents referred to in Article 1.1 at the time of rental may not drive the vehicle. An unauthorized driver does not benefit from the (partial) liability reduction granted to the Lessee to the extent permitted by law. If the Lessee allows an unauthorized driver to drive a vehicle, this constitutes a breach of contract, which will result in the Lessee being liable for any damage caused by the unauthorized driver. In this case, the Lessee and the unauthorized driver are jointly liable.

1.2.5.    Multiple rental restriction: for safety and contractual reasons, one customer may only be the primary renter on one active rental agreement at a time, unless otherwise approved by AUSTRAUTO at its discretion (e.g. subject to creditworthiness and security measures). If additional vehicles are needed during the same period, the customer may be listed only as an additional driver, not as the primary renter. The primary renter (contracting party) may not be changed after the rental agreement has been concluded. Any exception requires AUSTRAUTO’s prior written confirmation and is only possible if the new primary renter purchases the (partial) limitation of liability package offered by AUSTRAUTO (hereinafter, “Liability Reduction”) for the remaining rental period (as set out in the Cost table). Without purchase of the Liability Reduction, a change of the primary renter will not be processed.

2. Reservations/bookings, prepaid bookings

2.1.         Offer and acceptance: If the Lessee makes a reservation (e.g. by email to info@dryyve.at, online on https://dryyve.com, or via an intermediary), this constitutes an offer to conclude a rental contract addressed to AUSTRAUTO. A reservation is not binding on AUSTRAUTO and does not in itself constitute the conclusion of a contract. The rental contract is concluded only upon issuance of a booking confirmation (acceptance) as set out in Articles 2.2–2.4.

2.2.         Conclusion of contract – direct reservations: For direct reservations (e.g. via email to info@dryyve.at or via AUSTRAUTO’s website https://dryyve.com), the contract becomes effective only upon AUSTRAUTO’s transmission of a booking confirmation to the Lessee within a maximum of 24 hours after receipt of the reservation request. If no booking confirmation is sent within this period, the reservation request shall be deemed rejected and no contract shall be concluded.

Where the Lessee selects a prepaid rate, AUSTRAUTO may process the prepaid amount at the time of booking in accordance with the rate conditions clearly disclosed before contract conclusion (refundable / non-refundable) and the cancellation rules in Article 3.

If AUSTRAUTO does not issue a booking confirmation within the period stated in Article 2.2, no rental contract is concluded. In such case, any prepaid amount will be handled as follows:
(i) If the non-conclusion is attributable to AUSTRAUTO (e.g. unavailability of the booked vehicle category or a technical/system error), the prepaid amount will be refunded without undue delay to the original payment method.

(ii) In all other cases, any refund (if any) is handled in accordance with the applicable prepaid rate conditions and Article 3.

For non-prepaid rates, no payment is charged until the booking confirmation is issued.

2.3.         Conclusion of contract – reservations via intermediary platforms: If the Lessee books through an intermediary or intermediary platform, the contract is concluded upon the intermediary’s transmission of a booking confirmation to the Lessee (see Article 17). In such cases, accessories or optional services (e.g. Liability Reduction) may only be booked directly with AUSTRAUTO and are subject to availability at vehicle collection. Unavailable accessories do not entitle the Lessee to refuse collection of the vehicle. AUSTRAUTO shall not be responsible for any errors, omissions or inconsistencies in information displayed by the intermediary platform, unless such errors are caused by AUSTRAUTO.

2.4.         Conclusion of contract – walk-in rentals: If the Lessee visits AUSTRAUTO’s premises in person, the contract is concluded upon signing of the rental agreement by both Parties.

2.5.         AUSTRAUTO reserves the right to treat consecutive or back-to-back reservations made by the same customer as a single continuous rental period. In such cases, the rental fee applicable to the total duration of the combined rental period will apply, regardless of how the reservations were originally made.

2.6.         Payment authorization and charging rules (applies to all bookings): Upon conclusion of the contract, the Lessee authorizes AUSTRAUTO to charge the chosen payment method only for:

(i) the rental price stated in the rental agreement;

(ii) any optional services and fees expressly agreed and clearly disclosed to the Lessee before the Lessee commits to pay them (e.g. in the booking confirmation/rental agreement for pre-booked extras, or by a written offer at the counter for counter-purchased extras); and

(iii) amounts that are legally due and payable under the rental agreement and supported by documentation.

For prepaid bookings, this authorization includes processing the prepaid amount at booking in accordance with Article 2.2 (Prepaid rates; payment before booking confirmation).

Any charging, capture or invoicing under this authorization is handled in accordance with Articles 14.4 to 14.6.

2.7.         Reservations are only binding for vehicle categories, not for specific vehicle models or brands. AUSTRAUTO reserves the right to provide a vehicle from a higher vehicle category instead of the booked vehicle category (but at the originally agreed rental price). If no vehicle in the booked vehicle category is available, the Lessee has the right to refuse to accept the vehicle without stating any reasons and without incurring any costs.

2.8.         No-show / Failed Pick-up

Booked vehicles will be held ready at the agreed pick-up location and time. If the Lessee fails to pick up the vehicle at the agreed time, or if the Lessee appears at the pick-up location but the rental cannot commence because the Lessee fails to fulfil essential pick-up requirements attributable to the Lessee, including in particular the failure to provide or successfully authorize the required Security Deposit by way of pre-authorization (“no-show” or “failed pick-up”), the vehicle will be held ready for 30 minutes (“tolerance period”).

After expiry of the tolerance period, AUSTRAUTO may cancel the reservation and charge a no-show charge as compensation for the consequences of the no-show or failed pick-up. The no-show charge is a flat-rate compensation for the consequences of the no-show or failed pick-up and covers

(i) the reasonable administrative costs directly incurred by AUSTRAUTO as a result (e.g. preparation, processing or delivery costs) and

(ii) compensation for the loss of the reserved rental opportunity.

The total no-show charge shall not exceed the rental price for the first 24 hours of the booked rental, including any daily-priced optional services and accessories booked for that period (if any). Optional services and accessories shall be included only to the extent they were reserved for the booked period and AUSTRAUTO incurred reasonable, documented costs directly related to their preparation or provision (e.g. picking/setting aside, installation, delivery). The no-show charge shall be reduced to the extent that AUSTRAUTO avoids costs and/or re-rents the vehicle (or a comparable replacement vehicle) for the same period. Upon the Lessee’s request, AUSTRAUTO will provide a brief explanation of the basis for the no-show charge (e.g. whether re-rental occurred), without being required to disclose internal business calculations. If the reservation was made at a prepaid rate, any prepaid amount will be credited against the no-show charge and any remaining balance in favour of the Lessee will be refunded. Any Security deposit and/or Traffic Fines Deposit is not a prepaid rental amount, but a security provided to cover potential claims; therefore, it is not credited against the no-show charge.

If the reservation is cancelled in accordance with Article 3.2.1, no no-show charge will be applied.

2.9.         Without prejudice to Articles 3.1 and 3.2, in accordance with Section 18(1)(10) of the Austrian Distance and Off-Premises Sales Act (FAGG), the statutory right of withdrawal does not apply to distance contracts for vehicle rentals booked for a specific date or period of performance.

3. Modification and cancellation of the booking

3.1.         Modification of the booking

3.1.1.    At least 24 hours before the start of the rental period, the Lessee may request a modification of the reservation free of charge, subject to availability, by email to info@dryyve.at. Due to rate adjustments and availability, a modified reservation may be subject to different rental prices. Any refund or price adjustment will be made in accordance with the applicable rate conditions of the booking (refundable / non-refundable), unless mandatory law requires otherwise.

3.1.2.    The Lessee must contact AUSTRAUTO to request any changes to the rental agreement, including (i) changes requested less than 24 hours before the scheduled pick-up time and (ii) changes requested during the rental period, such as any shortening or extension of the rental period or changes to the agreed pick-up or return location. Any change is subject to AUSTRAUTO’s prior consent and may result in an adjustment of the rental payment.

Where the Lessee requests a contract modification less than 24 hours before the scheduled pick-up time or during the rental period (including rental period shortening or extension, or a change of pick-up or return location), AUSTRAUTO may charge a Rental change fee as a flat fee, the exact amount of which will be disclosed to the Lessee before the modification is confirmed, which covers reasonable processing costs (e.g. administration, contract amendments, operational rescheduling). The rental change fee is payable in addition to (i) any rental payment adjustment resulting from the change (shortening/extension), and (ii) any applicable one-way fee if the rental becomes a one-way rental or the return/pick-up location changes.

No rental change fee applies (i) where the requested change is required due to circumstances attributable to AUSTRAUTO (including unavailability of the booked vehicle category), or (ii) where the Lessee is a consumer and the change is required by circumstances beyond the Lessee’s reasonable control, provided the Lessee informs AUSTRAUTO as soon as reasonably possible.

Any modification becomes effective only upon AUSTRAUTO’s confirmation and, where applicable, the Lessee’s acceptance of the adjusted rental payment.

3.2.         Cancellation

3.2.1.    The Lessee may cancel a “refundable reservation” free of charge by notifying AUSTRAUTO in writing (email to info@dryyve.at) at least 24 hours before the agreed start of the rental period. In such case, the Lessee shall be entitled to a full refund.

If the Lessee cancels a “refundable reservation” less than 24 hours before the agreed start of the rental period, the cancellation remains possible; however, any refund shall be processed in accordance with Article 3.2.2 (late cancellation charge and refund rules) as disclosed to the Lessee prior to contract conclusion (e.g. in the booking confirmation and/or rate conditions).

A “non-refundable reservation” may be cancelled at any time, but the Lessee shall not be entitled to any refund.

3.2.2.    If the Lessee cancels the booking less than 24 hours before the agreed start of the rental period (“late cancellation”), AUSTRAUTO may charge a late cancellation charge as compensation for the consequences of the late cancellation. The late cancellation charge covers (i) AUSTRAUTO’s reasonable administrative costs directly caused by the late cancellation and (ii) compensation for the loss of the reserved rental opportunity.

The late cancellation charge shall be reduced to the extent that AUSTRAUTO avoids costs due to the cancellation and/or is able to re-rent the vehicle (or a comparable replacement vehicle) for the same period. Upon the Lessee’s request, AUSTRAUTO will provide a brief explanation of the basis for any reduction, without being required to disclose internal business calculations.

If the reservation was made at a prepaid rate, any prepaid amount will be credited against the late cancellation charge and any remaining balance in favour of the Lessee will be refunded. The Lessee’s statutory rights remain unaffected (in particular Section 7 KSchG).

Where a booking is not confirmed (no acceptance) under Article 2.2, any prepaid amount is handled in accordance with Article 2.2, in addition to the applicable rate conditions.

3.2.3.    Cancellations must be submitted by email to info@dryyve.at).

4. Rental payment and Security Deposit

4.1.         Rental payment

4.1.1.    Rental payment is agreed upon in the rental agreement and is based on the price valid at the time of booking according to the Cost table or upon subsequent booking changes, plus any packages, Liability Reduction, and/or additional accessories. If the content of the contract is changed during the rental period, reference is made to Article 3.1.2.

4.1.2.    Rental does not include fuel costs, service fees, and delivery and collection costs. Special prices and discounts apply only for timely and full payment. In the event of culpable delay in payment, any discounts granted will become invalid and the prices will be charged according to the current Cost table.

4.1.3.    Where the booking is made at a prepaid rate, the rental price for the agreed rental period is due at the time stated in the booking confirmation and may be charged immediately at booking or, at the latest, at pick-up.

Any Security Deposit is separate from the rental price and does not constitute payment of the rental price or the products purchased. It serves solely as security for potential claims arising under the rental agreement. The deposit amount and the applicable payment method requirements will be clearly disclosed to the Lessee prior to contract conclusion and confirmed at or before pick-up (e.g. by signature on the rental agreement and/or payment verification).

Depending on the payment instrument used, the deposit may be secured by a pre-authorization or by an immediate deposit charge or both combined. In either case, the deposit will be refunded after final settlement, subject to any lawful deductions under Articles 14 and 15.

4.1.4.    Unless otherwise expressly stated in the booking confirmation or rental agreement, the rental price includes a mileage allowance per rental day (“Included Mileage”) as stated in the rental agreement.

Where the booking is made at a limited mileage rate, the Included Mileage is calculated based on the actual rental duration (from pick-up to return). If the vehicle is returned earlier than agreed, the Included Mileage is reduced on a pro-rata basis accordingly.

Any mileage exceeding the Included Mileage, supported by documentation (e.g. odometer records) will be charged at a price adjusted to the average consumer prices applicable in the given location.

4.2.         Security Deposit

4.2.1.    AUSTRAUTO accepts only the payment instruments listed below and only under the conditions set out there. The conditions are made available to the Lessee during the booking process and/or in the booking confirmation and, in any event, prior to pick-up and, for distance contracts, are provided in a durable medium in accordance with Article 5.1.1. These requirements form an integral part of the rental agreement. AUSTRAUTO does not charge any surcharge or fee solely for the use of a particular payment instrument within the meaning of Section 56(3) ZaDiG 2018. All payment cards presented must be valid for at least six (6) months at the time of pick-up, unless AUSTRAUTO clearly discloses a different minimum validity requirement prior to pick-up.

(a) Cash payments and cash deposits are not accepted.

(b) Visa and Mastercard credit cards are accepted only if issued in the name of the main driver as the contracting party and only if the required deposit amount can be secured (typically by pre-authorization).

(c) Eligible debit cards may be accepted only if issued in the name of the main driver as the contracting party, and subject to additional risk-management requirements, which may include, where applicable, the purchase of a protection package required for debit-card acceptance. Any such requirement will be determined based on risk-management criteria, clearly disclosed to the Lessee prior to pick-up, and applied only within the limits permitted by applicable law. Where pre-authorization is not technically available (in particular for certain debit cards), the deposit may be secured by an immediate refundable deposit charge, as set out in Article 4.2.3.

(d) Virtual cards (virtual debit or credit cards) are accepted only if they (i) allow pre-authorization of the full required deposit amount, (ii) are issued in the name of the main driver as the contracting party, and (iii) can be technically verified and successfully pre-authorized at pick-up, and (iv) are subject to additional risk-management requirements, which may include the purchase of a protection package. Any such requirement will be determined based on risk-management criteria, clearly disclosed to the Lessee prior to pick-up, and applied only within the limits permitted by applicable law. If these conditions are not met, virtual cards are not accepted for deposit purposes.

These requirements serve solely to manage risk (including deposit security, settlement of charges and chargeback prevention) and apply only within the limits permitted by applicable law.

If the Lessee presents a payment instrument that is not accepted under this Article, AUSTRAUTO may request an alternative accepted payment instrument. The handover of the vehicle requires (i) an accepted payment instrument in the name of the main driver as the contracting party, and (ii) the successful securing of the required deposit. If these requirements are not met at pick-up, the vehicle cannot be handed over, provided that the applicable payment instrument requirements were clearly disclosed to the Lessee prior to contract conclusion. In such case, the Lessee may cancel the booking in accordance with Article 3.2, and any applicable fees or refunds will be handled under Articles 3.2.1 and 3.2.2 (as applicable).

4.2.2.    In addition to paying the rental fee, the Lessee is required to provide a refundable security deposit at the beginning of the rental period as a guarantee for the fulfillment of all contractual obligations (the “Security Deposit”).

The Security Deposit may consist of separate refundable components, including a designated refundable portion allocated as the “Traffic Fines Deposit” under Article 4.2.7.

The applicable total amount of the Security Deposit (including any allocation of a portion as Traffic Fines Deposit) is made available to the Lessee during the booking process and/or in the booking confirmation and, in any event, prior to pick-up, and, for distance contracts, in a durable medium in accordance with Article 5.1.1.

4.2.3.    Depending on the payment instrument used, the Security Deposit may be secured by (i) pre-authorization (temporary blocking of funds), (ii) an immediate deposit charge or (iii) a combination of both. In either case, the Security Deposit will be refunded after final settlement, subject to any lawful deductions under Articles 14 and 15.

Any such pre-authorization or immediate deposit charge will be made only for the exact amount communicated to the Lessee during booking and/or in the booking confirmation and confirmed at or before pick-up (e.g. by signature, card verification, or other clear confirmation at the counter). Where an immediate deposit charge is used, it will be processed and refunded as a refundable deposit transaction.

4.2.4.    Claims that may be settled against the Security Deposit include (where applicable) damage deductibles, refueling costs, contractual fees expressly agreed and clearly disclosed, and traffic-related fines or administrative charges relating to the rental period. Where reasonably possible, AUSTRAUTO will provide the Lessee with prior notice before capturing any amount from the deposit and will provide a clear breakdown upon request; in any event, the Lessee will be informed without undue delay after any capture.

4.2.5.    Once the Lessee has duly returned the vehicle, AUSTRAUTO will release the Security Deposit in accordance with applicable legal requirements and at the legally required time, following completion of the return inspection and the final settlement of any end-of-rental charges identified at return (including any amounts lawfully captured from the deposit under Articles 4.2.3, 4.2.4 and 14.4-14.6).

If any end-of-rental charges or damage deductibles cannot yet be finally assessed at the time of return, AUSTRAUTO may retain the Security Deposit (or the relevant part of it) only to the extent reasonably necessary to secure such claims and will release any remaining balance without undue delay.

Late-arriving administrative charges (such as traffic fines, toll claims or ZTL/road access penalties) do not require retention of the Security Deposit beyond the portion allocated as Traffic Fines Deposit under Article 4.2.7 and are handled in accordance with Article 14.5. The Traffic Fines Deposit portion under Article 4.2.7 will be refunded separately once the retention period under Article 4.2.7 has expired, regardless of when the remaining Security Deposit is released.

AUSTRAUTO shall not be liable for any processing time required by the issuing bank or credit card company once the release instruction has been submitted.

4.2.6.    For further details regarding the scope, validity period, and collection rights of the pre-authorization, reference is made to Article 15 (Credit card authorization and Deposit).

4.2.7.    Traffic Fines Deposit

A designated refundable portion of the Security Deposit (the “Traffic Fines Deposit”) is allocated to secure the payment of late-arriving administrative charges relating to the rental period (such as traffic fines, toll claims, ZTL/road access penalties or similar authority claims), as well as any breach of contract fee applicable under Article 12.2.4. in connection with such violations.

The Traffic Fines Deposit does not constitute an additional amount on top of the Security Deposit but forms an integral part of the total Security Deposit provided at the beginning of the rental period. The applicable amount and allocation of the Traffic Fines Deposit will be made available to the Lessee during the booking process and/or in the booking confirmation and, in any event, prior to pick-up. The collection of the Traffic Fines Deposit (including the amount collected and the payment method used) will be evidenced by the payment receipt issued at or before pick-up (e.g. the POS terminal receipt or equivalent transaction record), which the Lessee may retain on a durable medium.

The Traffic Fines Deposit is collected as an immediate, refundable deposit charge (not as a pre-authorization) and does not constitute consideration for any service. It is separate from the rental price and constitutes a refundable deposit component that may be retained for up to six (6) months after the end of the rental solely for the purpose of settling late-arriving authority claims (and any related contractual fees) that become legally due and payable and are clearly attributable to the Lessee. This clause shall be interpreted to be transparent and comprehensible within the meaning of Section 6(3) of the Austrian Consumer Protection Act (KSchG) and to comply with the general limits of effectiveness for standard terms under Section 879 ABGB.

If AUSTRAUTO receives such a claim within this period, AUSTRAUTO may apply the Traffic Fines Deposit only up to the amount of the underlying fine/toll/penalty and any related contractual fees, and only in accordance with the notification and objection procedure set out in Article 14.5. Any remaining balance of the Traffic Fines Deposit will be refunded without undue delay after settlement of the authority claim or after expiry of the six (6) month retention period, whichever occurs first. AUSTRAUTO may release the Traffic Fines Deposit earlier where it becomes reasonably clear that no such claims will be received.

No interest is payable on the Traffic Fines Deposit during the six (6) month retention period, unless mandatory law provides otherwise. Any refund will be made to the same payment method used to secure or pay the deposit, unless another refund method is agreed with the Lessee.

5. Payment terms, due date, default interest

5.1.         The rental fee, as well as any other expressly agreed fees and charges (such as Liability Reduction, accessories, airport fees, etc.) and the value added tax (VAT) (where applicable) at the applicable legal rate, are due as follows:

(a) Prepaid rate: the rental fee is due at the time of booking (or, if not paid at booking, at the latest at pick-up).

(b) Non-prepaid rate: the rental fee is due at pick-up.

The rental fee is payable separately from any Security Deposit. Any Security Deposit and any Traffic Fines Deposit are secured in accordance with Article 4.2 (in particular by pre-authorization or by a refundable deposit charge), and do not constitute payment of the rental fee.

Where a pre-authorization is used, AUSTRAUTO will inform the Lessee of the exact amount to be pre-authorized prior to the transaction, and the pre-authorization will be carried out only with the Lessee’s consent to that exact amount, in accordance with Section 69 ZaDiG 2018.

5.1.1.    Any additional services, fees or charges are payable only if they have been expressly agreed and clearly disclosed to the Lessee before the Lessee commits to pay them.

(a) For items included in the booking (e.g. pre-booked accessories/services), disclosure is made via the booking confirmation and/or rental agreement.

(b) For items offered at pick-up (counter purchase), disclosure is made by a written offer (or equivalent durable record) shown to the Lessee at the counter before acceptance; the Lessee remains free to decline such optional items without affecting the already concluded rental contract.

For consumer contracts concluded at a distance, AUSTRAUTO provides the required pre-contract information in a durable medium (e.g. email or downloadable format) before contract conclusion, in a form that allows the Lessee to store and reproduce the information in accordance with § 4 FAGG.

5.1.2.    If the Lessee picks up the vehicle late (“late pick-up”) or returns it earlier than agreed (“early return”), the rental price remains payable for the agreed rental period and no refund is granted solely for such late pick-up or early return, unless mandatory statutory rights apply. This does not affect any mandatory statutory rights of the Lessee, including any entitlement to a reduction, set-off or refund where required by mandatory law, in particular where and to the extent AUSTRAUTO avoids costs and/or re-rents the vehicle for the same period. Any reasonable additional costs directly caused by the late pick-up or early return (e.g. rescheduling, relocation, recovery, operational handling or administration) may be charged only where such costs are legally due and payable, clearly attributable to the Lessee, and supported by documentation.

5.2.         This Article applies to payment issues arising at pick-up, during the rental, or affecting the continuation of the rental. At pick-up, the vehicle may be handed over only if an accepted payment instrument is presented and the required deposit is successfully secured in accordance with Article 4.2. Unless otherwise agreed, the rental fee, all other agreed fees, and the deposit will be settled using the Lessee’s selected payment method. The Lessee shall ensure that the selected payment method can be used for the amounts due under the rental agreement (e.g. by maintaining sufficient available funds and complying with any bank security procedures).

If a payment, pre-authorization or deposit capture is declined (e.g. due to insufficient funds, card limits, technical issues, expiry, or bank security blocks), AUSTRAUTO will inform the Lessee without undue delay and may request an alternative accepted payment instrument or another lawful payment method. The Lessee shall provide such alternative payment within the period stated in the notification. AUSTRAUTO may set a shorter deadline only where objectively necessary due to the imminent start or continuation of the rental, a risk that the vehicle cannot be handed over or must be secured, or to comply with an immediate legal or official requirement.

If the Lessee fails to provide an alternative payment method within that period, AUSTRAUTO may suspend performance, including refusing the handover of the vehicle, refusing an extension of the rental, or requiring return of the vehicle, until payment security is restored.

The Lessee shall be liable for reasonable and necessary costs directly caused by a culpable payment default attributable to the Lessee (e.g. chargeback fees or bank debit fees), to the extent permitted by applicable law.

5.3.         If further costs or fees arise during the rental period, these may be invoiced to the Lessee as part of the final invoice (see Article 14) only to the extent that (i) they are expressly agreed and accepted by the Lessee (where applicable) or are required by mandatory law, (ii) they were clearly disclosed to the Lessee during the booking process and/or in the booking confirmation or, where the charge relates to an optional product or service agreed at pick-up, prior to the Lessee’s acceptance at the counter, (iii) they are legally due and payable and clearly attributable to the Lessee, (iv) they are supported by objective documentation, and (v) they have been communicated to the Lessee in a transparent and comprehensible manner. Any such charges shall be subject to the settlement, notification and objection procedure set out in Articles 14.4 and 14.5.

5.4.         If the Lessee is in default with the payment of amounts that are legally due and payable, statutory default interest shall apply at the rate provided by applicable law (including any mandatory consumer protection rules). AUSTRAUTO may charge default interest only to the extent and in the amount permitted by law.

For reminders, AUSTRAUTO may charge a flat-rate Late payment reminder fee per reminder notice, in case of culpable default, provided that such fee reflects reasonable and necessary out-of-court collection costs, remains proportionate to the outstanding amount, and is charged within the limits set out in § 1333(2) of the Austrian Civil Code (ABGB). The applicable fee will be disclosed to the Lessee prior to charging and will be included in the final settlement documentation. Each reminder notice may be charged separately. A culpable payment default may occur, for example, where the Lessee fails to pay an amount that is due and payable by the stated due date and remains in default after the due date and after receipt of the invoice or payment request, without valid legal grounds, fails to ensure sufficient available funds, fails to complete required bank authorization procedures (e.g. 3D Secure), uses an invalid or non-accepted payment instrument, or initiates a chargeback without valid legal grounds contrary to the contractual charging rules.

5.5.         Digitalization and document management fee

AUSTRAUTO charges a digitalization and document management fee per rental agreement and is applied uniformly to rental agreements concluded in Austria. The fee covers the administrative and technical effort required for electronic contract processing and the lawful creation, storage, archiving and transmission of rental documentation (including, without limitation, the rental agreement, invoices, payment records and rental-related correspondence).

The fee is calculated as a percentage of the gross contractual value of the rental agreement. For the purposes of this fee, the “gross contractual value of the rental agreement” means the total gross amount payable for the rental agreement consisting of (i) the rental price for the agreed rental period, (ii) mandatory charges that form part of the rental agreement (if any), and (iii) any optional services or packages booked by the Lessee as part of the rental agreement, excluding (a) any Security Deposit or deposit pre-authorization / refundable deposit charge, (b) any refundable amounts, and (c) any amounts not agreed at contract conclusion (in particular, post-rental charges arising later, such as damage excesses, fines, tolls or similar administrative charges). This supports AUSTRAUTO’s record-keeping and documentation obligations under applicable law (e.g. Austrian Federal Fiscal Code (BAO) and VAT documentation requirements). The percentage is set out and is disclosed to the Lessee prior to contract conclusion in a clear and comprehensible manner, in accordance with the transparency requirements of § 864a ABGB and § 6(3) KSchG.

As the administrative and digital processing linked to the conclusion of the rental agreement is performed upon contract conclusion, the digitalization and document management fee becomes due once the rental agreement has been concluded. The fee may be retained in case of subsequent cancellation or early termination, unless (and only to the extent that) mandatory law requires a refund, reduction or proportional adjustment. No such fee is charged if no rental agreement is concluded.

5.6.         Statutory contract fee (Mietvertragsgebühr)

Under § 33 Tariff Item 5 of the Austrian Fees Act (Gebührengesetz 1957), a written vehicle rental agreement concluded in Austria is subject to a statutory contract fee (Mietvertragsgebühr). This is a mandatory public fee/tax required by law and not a service or administrative charge charged by AUSTRAUTO. As a mandatory public fee/tax, it is generally non-refundable once the written rental agreement has been concluded, unless mandatory law requires otherwise. Where the statutory contract fee is due, AUSTRAUTO must collect and remit it to the competent Austrian tax authority.

If applicable, the fee amounts to 1% of overall gross value of the rental agreement at contract conclusion – i.e. the rental price plus all other contractually agreed services – in cases it exceeds a threshold of EUR 150.00 (incl. VAT). No fee is due if the assessment base does not exceed EUR 150.00 (incl. VAT). The threshold and calculation apply per rental agreement (contract). Amounts that arise only later due to specific events – such as contractual penalties, damage-related claims, default interest, claims, or administrative charges (e.g. fines/tolls) – are not automatically included in the calculation base.

5.7.         Motorway vignette

5.7.1.    The Lessee is informed that the use of Austrian motorways and expressways requires a valid motorway vignette in accordance with the Austrian Motorway Toll Act (Autobahnmautgesetz). Driving without a valid vignette constitutes a legal offence and may result in fines or administrative charges imposed directly by the competent authorities.

Where the Lessee selects the Austrian digital vignette option from AUSTRAUTO for the requested period, AUSTRAUTO will arrange the corresponding digital motorway vignette coverage for the rented vehicle for use on Austrian toll roads for the requested period. The applicable vignette coverage fee is payable if expressly selected by the Lessee, will be disclosed prior to the Lessee’s acceptance (including at the rental station before vehicle handover). The Lessee remains responsible for using the vehicle in compliance with applicable toll rules (including checking whether the intended route requires additional tolls such as section tolls / special toll routes) and for ensuring that the requested vignette period matches the intended use.

Important notice: the Austrian digital motorway vignette covers only the general vignette-based motorway network operated by ASFINAG and does not include separate section tolls (Streckenmaut) or special toll routes (e.g. certain tunnels or alpine sections), which require a separate toll product and payment, which must be paid separately by the Lessee if used.

Any fines, penalties, towing, administrative charges or related costs arising from missing, expired, invalid, or improperly used vignettes shall be borne by the Lessee to the extent such costs are clearly attributable to the Lessee (e.g. use outside the covered period, use despite no vignette being purchased, or other misuse). AUSTRAUTO remains responsible where such costs result from AUSTRAUTO’s failure to arrange the agreed digital vignette correctly. The Lessee shall promptly inform AUSTRAUTO if they become aware of any indication that the vignette may not be valid or correctly registered.

If the Lessee does not purchase an Austrian vignette coverage from AUSTRAUTO, the Lessee is solely responsible for ensuring that a valid vignette (or other required toll authorization) is in place before using Austrian toll roads, and for all related costs, fines and charges resulting from driving without the required valid toll authorization.

5.7.2.    Tolls abroad: AUSTRAUTO does not offer or arrange foreign motorway toll products. The Lessee is solely responsible for complying with toll rules outside Austria and for paying any foreign tolls, charges, penalties and related costs incurred during the rental period.

6. Takeover of the vehicle

6.1.         AUSTRAUTO will hold a vehicle of the booked vehicle category ready for collection by the Lessee at the agreed pick-up station during the station’s published opening hours (available during booking and at the rental station). Pick-ups outside of the applicable opening hours must be arranged in advance with AUSTRAUTO. An after-hours fee may apply for any pick-up arranged outside the station’s opening hours and, in any event, for pick-ups arranged between 22:00 (10:00 PM) and 08:00 (8:00 AM). The exact amount of any such fee will be disclosed to the Lessee prior to the pick-up arrangement being confirmed.

6.2.         The fuel tank level must be noted on the check-out form (Vehicle Condition Report Form) or rental agreement. Upon termination of the rental agreement, the Lessee is required to return the vehicle with the same fuel level as at the time of delivery (collection). If the vehicle is not returned with the same fuel level, refueling will be performed by AUSTRAUTO employees, and the Lessee will be charged for the fuel costs incurred and a refueling service fee (in addition to fuel costs), the exact amount of which will be disclosed to the Lessee prior to contract conclusion or, where the fee becomes relevant only upon return, prior to charging as part of the final settlement.

6.3.         The vehicle is subject to the return rules applicable at each location. As a rule, the vehicle is inspected upon return (i) together with the Lessee by an AUSTRAUTO employee (or by an employee of a third party authorized by AUSTRAUTO), or (ii) where the return location is equipped with an authenticated digital check-in system (e.g., a scanning gate), through an automated return procedure. Any damage, missing items, or missing fuel levels must be noted on the Vehicle Condition Report Form (or equivalent digital document) and, where available, supported by photographs or other objective evidence, signed by the Lessee and the AUSTRAUTO employee at the time of return. In the case of automated return, the condition of the vehicle may be recorded without the Lessee’s presence or signature, based on time-stamped and tamper-proof evidence (e.g., images, scans, sensor data, and/or return logs).

If the vehicle is returned so dirty that a proper check-in inspection is not possible, AUSTRAUTO may carry out the inspection after the vehicle has been cleaned. Any damage or other chargeable items that become identifiable only after cleaning (including missing fuel, defects, missing items, or excessive soiling, also in relation to booked accessories) will be documented and the Lessee will be notified without undue delay, together with a brief description and reasonable supporting evidence (e.g. photos). Any withholding from the deposit or post-rental charge clearly attributable to the Lessee may be made only in accordance with Articles 14.4 and 14.5.

6.4.         Upon return, the Lessee may be asked to provide proof of refueling (e.g. a fuel receipt or other reasonable evidence). If the Lessee does not provide such proof and AUSTRAUTO has objective indications that refueling was not carried out as required, AUSTRAUTO is entitled to charge the Lessee for the missing fuel quantity, based on objective indicators available to AUSTRAUTO. The price for the missing fuel will be calculated using the applicable local market-based fuel price, plus any refueling service charge under Article 6.2. (if applicable). Any refueling charges will be documented and included in the final invoice/settlement.

7. Obligations of the Lessee, use of the vehicle

7.1.         Obligations of the Lessee

7.1.1.    The Lessee is required to use and maintain the vehicle with care. They must comply with all applicable regulations for the use of such a vehicle (particularly the Motor Vehicle Act and the Road Traffic Regulations) and regularly check during the rental period to ensure that the vehicle is still in operational and safe condition. Before starting the journey, the Lessee must inform themselves about the proper operation of the vehicle and comply with relevant regulations and recommendations (particularly regular checks of the appropriate levels of engine oil, coolant, tyre pressure, and other equipment).

7.1.2.    For vehicles with an AdBlue® tank, the Lessee shall ensure that the AdBlue® tank remains adequately filled during the rental period. The Lessee shall be liable for any damage, costs, or penalties incurred as a result of a failure to comply with this obligation, to the extent that such failure is attributable to the Lessee or an authorized driver and is based on intent or negligence. For evidentiary purposes, AUSTRAUTO may rely on objective records (e.g. diagnostic reports, assistance/towing records, workshop reports or vehicle system logs).

7.1.3.    The Lessee is required to return the vehicle, vehicle keys, and accessories at the end of the rental period on the agreed day, at the agreed time, and to the agreed return location. The vehicle, keys, and accessories must be returned in the condition in which AUSTRAUTO provided them at the time of rental, taking into account normal wear and tear. If the Lessee fails to return the vehicle as agreed, AUSTRAUTO may take reasonable measures to secure and recover the vehicle (including arranging towing or retrieval) and may charge the Lessee for the reasonable and necessary costs caused by the Lessee’s culpable breach, provided that AUSTRAUTO informs the Lessee in advance where reasonably possible and documents the necessity of such measures.

Unauthorized returns at a different location are subject to Article 8.4 and may give rise to fees and additional costs in accordance with that Article.

7.1.4.    The Lessee is responsible for fees, tolls and traffic-related fines incurred during the rental period to the extent that such amounts are legally due and payable, clearly attributable to the Lessee’s use of the vehicle, and supported by documentation. For consumers, traffic fines and authority penalties will be charged only once they are enforceable or once the applicable objection period has expired without a substantiated objection.

Late-arriving administrative charges (such as traffic fines, toll claims or ZTL/road access penalties) are processed exclusively in accordance with Articles 14.4 and 14.5 and may be charged only after notification and in compliance with the notification and objection procedure set out there.

Such charges may be settled against any available deposit (including any Traffic Fines Deposit, where applicable). If no deposit is available or sufficient, AUSTRAUTO may charge the Lessee’s payment method in accordance with Articles 14.4 and 14.5.

7.1.5.    The Lessee/driver is responsible for ensuring that any luggage or goods transported in the vehicle are secured in such a way that they do not cause damage to the vehicle or pose a risk to passengers. Applicable legal provisions for securing loads must be complied with.

7.1.6.    The Lessee/driver may not drive the vehicle if their driving ability is impaired, particularly by the influence of alcohol, medication, drugs, illness, or fatigue.

7.1.7.    The Lessee is responsible for any damage caused by incorrect fueling, including without limitation all costs required for towing the vehicle and for repairing or replacing damaged parts. In particular, if AdBlue® is introduced into the fuel tank of a petrol-powered vehicle and this results in fuel system contamination and/or the need for engine replacement, the Lessee shall bear the full costs of such damage (including towing, diagnostics and engine replacement). This type of damage is not covered by any Liability Reduction, damage waiver or similar protection package purchased from AUSTRAUTO.

7.1.8.    Smoking is strictly prohibited in the vehicles. Any violation of this prohibition constitutes a material breach of contract. In the event of a violation, AUSTRAUTO reserves the right to charge the Lessee/driver a breach of contract fee for smoking, in accordance with Article 12.2.4. The applicable breach of contract fee is set out in the Cost table available for review at the rental station prior to vehicle handover and is thereby made available to the Lessee before rental start.

7.2.         Use of the vehicle

7.2.1.    The vehicle may only be used on public roads (including paved private roads and parking lots), but not for driving school exercises. Furthermore, the vehicle may not be used, but is not limited to:

1. for motorsport purposes, particularly for driving events where reaching a maximum speed is important, or for related test drives;
2. for vehicle testing or driving safety training;
3. for the transportation of passengers for consideration or reward or for driving school purposes or as part of driving license training;
4. for re-renting;
5. for towing or pushing other vehicles. Furthermore, the vehicle may not be used to tow a trailer, unless the rented vehicle is equipped with a towing hitch and the maximum authorized weight recorded in the vehicle documents is not exceeded;
6. for the commission of criminal offenses, even if punishable only by the law of the place where the offense occurred;
7. for the transportation of highly flammable, toxic, or otherwise dangerous substances;
8. for journeys off paved (asphalt, concrete, paved or similar (compacted) pavement) or properly beaten roads.
9. The transportation of animals is not permitted. Certified assistance dogs are permitted subject to reasonable cleanliness rules. The transportation of dangerous, bulky, or contaminating goods is strictly prohibited.
10. The Lessee may board a ferry or boat with the rented vehicle only if prior approval is obtained from AUSTRAUTO and any applicable Cross Islands fee is paid. The applicable fee is set out in the Cost table available for review at the rental station prior to vehicle handover and will be agreed and confirmed in writing before the Lessee boards the ferry/boat. Violation of this condition may result in additional charges and/or potential termination of the rental agreement.

7.2.2.    In the event of a breach of the above obligations (Articles 7.1.6 and 7.2.1), AUSTRAUTO reserves the right to terminate the rental agreement early, demand the immediate return of the vehicle, and, if necessary, pursue claims for damages. This applies in particular to damage to the vehicle caused by the Lessee, which makes further use of the vehicle impossible. The Lessee is liable to AUSTRAUTO for all consequences resulting from a culpable breach of the above obligations by the Lessee or the driver. Any Liability Reduction agreed upon will be ineffective in the event of such breaches.

8. GPS and Trips abroad

8.1.         GPS / location data

Each vehicle may be equipped with a security GPS/telematics system for vehicle protection, theft prevention, fleet security and recovery purposes. Location data is processed only to the extent necessary for these purposes and in accordance with applicable data protection law (GDPR). If the system indicates objective signs of unauthorized use, unauthorized cross-border travel, or interference with the security system (including loss of signal, disconnection or tampering), AUSTRAUTO may take reasonable protective measures, including contacting the Lessee for clarification. Where there are objective indications of theft, unlawful vehicle retention, or a serious security risk, AUSTRAUTO may notify the competent authorities.

Further mandatory information on the processing of location data (including data categories, purposes, legal basis, retention periods, recipients and the Lessee’s rights) is set out in AUSTRAUTO’s Privacy Policy, made available prior to contract conclusion and accessible at: https://www.iubenda.com/app/privacy-policy/64400855 and https://www.iubenda.com/app/privacy-policy/64400855/legal.

8.2.         Trips abroad (permitted countries / fees / breach)

8.2.1.    The use of the vehicle outside the country of pick-up is permitted only within Europe and only in accordance with the cross-border categories defined by AUSTRAUTO:

(i) Schengen neighbouring countries,

(ii) Schengen non-neighbouring countries,

(iii) non-Schengen European countries, and

(iv) island destinations (including Sicily and Sardinia).

The classification of countries within these categories is made available to the Lessee during the booking process and/or in the booking confirmation and is also available for review at the rental station prior to pick-up.

8.2.2.    Prior to entering any foreign country or island destination, the Lessee must obtain AUSTRAUTO’s authorization and, where applicable, the corresponding cross-border or island permit must be expressly agreed and paid in advance, i.e. before rental start or, in any event, before the trip abroad begins. AUSTRAUTO may refuse such authorization for security, insurance or risk reasons. Any applicable permit/fee (if authorized) will be disclosed to the Lessee and agreed in writing (including by email or a written offer) before the Lessee commits to pay it.

8.3.         Any entry into a foreign country or island destination without the required prior authorization constitutes a material breach of contract. In the event of unauthorized cross-border or island use, AUSTRAUTO is entitled to charge a breach of contract fee in accordance with Article 12.2.4, provided that the unauthorized entry is supported by objective evidence (e.g. GPS records or other documentation) and is clearly attributable to the Lessee’s use of the vehicle.

Any additional actual external costs incurred as a direct consequence of the breach (e.g. recovery, towing, insurance surcharges or authority-related costs) may be charged separately only where such costs (i) are not already covered by the breach of contract fee, (ii) are legally due and payable under the rental agreement, and (iii) are supported by documentation.

8.4.         Return location / one-way returns

The vehicle must be returned at the agreed return location stated in the booking confirmation and/or rental agreement. A return of the vehicle at a different AUSTRAUTO / DRYYVE Group location (“one-way return”) is permitted only with AUSTRAUTO’s prior approval and only if any applicable one-way fee is expressly agreed and paid in advance. The applicable one-way fee (if approved) will be clearly disclosed to the Lessee and agreed in writing (including by email or a written offer) before the one-way return is approved and, in any event, before the Lessee commits to pay it. One-way returns are subject to availability and reasonable operational constraints (including fleet distribution, transport capacity and security requirements).

If the Lessee returns the vehicle at a different location without AUSTRAUTO’s prior approval, AUSTRAUTO may charge (i) the applicable one-way fee that would have applied for an approved one-way return and (ii) charge any additional direct and documented costs arising from the unauthorized return (e.g. transport, towing, staff and relocation costs), in accordance with the procedure under Articles 14 and 15.

9. Procedure in the event of breakdowns, traffic accident, theft

9.1.         Procedure in the event of breakdowns

9.1.1.    During the rental period, the Lessee must pay attention to all warning lights on the vehicle’s display and, when they are on, check whether it is safe to continue driving (even to the nearest garage). The Lessee must immediately take all necessary measures listed in the operating instructions. If the operating instructions for this type of warning light do not recommend continuing the journey, the Lessee must immediately stop the vehicle and interrupt the journey.

9.1.2.    In case of doubt, the Lessee must call the telephone number indicated on the rental agreement provided by AUSTRAUTO for such cases.

9.1.3.    The Lessee shall be liable to AUSTRAUTO for all damages resulting from a culpable breach of the above obligations and for all costs resulting from self-inflicted breakdowns. Any agreed Liability Reduction, protection package or insurance coverage may be reduced or excluded only to the extent permitted by mandatory law and only where the Lessee’s intentional or grossly negligent breach has causally contributed to the occurrence of the damage, the extent of the damage, or the assessment of the claim.

9.1.4.    AUSTRAUTO does not guarantee the availability of replacement vehicles.
This does not affect any mandatory statutory rights of the Lessee (including warranty and damages claims) where the vehicle becomes unusable due to a defect attributable to AUSTRAUTO. Where the rented vehicle becomes unusable during the rental period for reasons not attributable to the Lessee, AUSTRAUTO will, depending on availability and the circumstances, either:

(i) provide a replacement vehicle where reasonably available; or

(ii) refund the paid but unused rental days; or

(iii) provide another appropriate remedy required by mandatory law.

For the avoidance of doubt, no replacement vehicle is owed where the vehicle becomes unusable due to damage, accident, misuse, or any other cause attributable to the Lessee.

9.2.         Procedure in the event of a traffic accident

9.2.1.    After an accident, theft, fire, or damage caused by wild animals, the Lessee must immediately notify the police. Even in the case of purely material damage, the nearest police department must be asked to file an accident report. If the police refuse to accept the complaint, the Lessee must provide AUSTRAUTO with appropriate documentation (e.g. written confirmation from the police or information, including the date and time, on which police department was notified by telephone but refused to accept the damage).

9.2.2.    If no third parties were harmed by the accident or – in the case of purely material damage – it was possible to exchange data with the injured third party, notification to the nearest police station may be exceptionally waived if only minor paint damage (scratches, etc.) occurred on the vehicle. In this case, however, the Lessee is required to report this damage and all details of the incident to AUSTRAUTO by filing an accident report. The accident report must be submitted to AUSTRAUTO without undue delay and, in any event, no later than two (2) days after the incident. It must contain the information of the parties involved (in particular, name, date and place of birth, and address), any witnesses, and the license plates of the vehicles involved.

9.2.3.    Without prior consultation with AUSTRAUTO, the Lessee shall not make any admission of fault or settle claims with third parties.

If any accident, damage, loss, incident or operational issue occurs during the rental period (including single-vehicle incidents and damages such as parking impacts, curb damage, or sliding off the road), the Lessee must cooperate with AUSTRAUTO in the handling of the incident. In particular, the Lessee must (i) notify AUSTRAUTO without undue delay, (ii) provide complete and truthful information and documentation reasonably requested (e.g. photos, exact location, time, circumstances, and – where applicable – details of any third parties and witnesses, and any police reference/case number), and (iii) refrain from any action that could prejudice AUSTRAUTO’s rights or the proper assessment of the incident.

If AUSTRAUTO has to open, handle or process an accident, damage, loss, incident or operational issue, AUSTRAUTO may charge an Administrative handling fee for the processing of such event (as applicable, e.g. Administrative handling fee for small damages, Administrative handling fee for damages with vehicle downtime, or Administrative handling fee for vehicle theft or total loss). The applicable fee is set out in the Cost table available at the rental station prior to vehicle handover and will be disclosed prior to charging and recorded in the final settlement documentation.

The administrative handling fee is a service-related administrative charge intended to cover AUSTRAUTO’s internal administrative and operational effort in connection with opening, documenting, assessing, coordinating and processing the relevant event (including communication with workshops, insurers, experts, authorities and third parties, and the associated documentation and case management). The administrative handling fee may be charged irrespective of how fault for the underlying accident/damage is allocated.

This administrative handling fee is separate from (i) any compensation for damage, deductible/excess, repair costs, loss-of-use claims, towing, recovery or third-party claims, and (ii) any contractual breach fees which apply only where explicitly stated in these Terms (in particular, Breach of contract fees for fines and reports or other expressly defined violations).

Any retention of the Security Deposit shall be limited to the extent reasonably necessary to secure claims that are legally due and payable, clearly attributable to the Lessee, and supported by documentation. AUSTRAUTO shall release any unused part of the deposit once the amount can be reasonably assessed. The Security Deposit will be retained only as long as reasonably necessary and only to the extent justified by the circumstances.

This procedure applies even if the Lessee has purchased any protection package or Liability Reduction.

9.2.4.    However, if the vehicle has been damaged by unknown third parties (parking damage, accident with hit-and-run), the Lessee must in any case, even in the case of minor damage, immediately notify the nearest police station and request that the damage be certified.

9.2.5.    Any agreed Liability Reduction, protection package or insurance coverage may be reduced or excluded only under the conditions set out in Article 9.1.3 and only to the extent permitted by mandatory law. This applies if the Lessee intentionally or with gross negligence breaches the above obligations and this breach causes or increases the damage or prevents proper clarification of the claim.

9.2.6.    The Lessee shall be liable to AUSTRAUTO for any damage suffered by AUSTRAUTO as a result of culpably incorrect or incomplete information provided by the Lessee in connection with an accident or damage event. This includes any reasonable and necessary costs incurred by AUSTRAUTO in clarifying the facts, communicating with authorities or third parties, or enforcing its rights out of court, to the extent permitted by law. Such post-rental charges may include the administrative handling fees for the processing of damages and related events (including small damages and damages with vehicle downtime), in addition to any repair costs, deductibles/excesses or third-party claims, as applicable. The applicable administrative handling fee is set out in the Cost table available for review at the rental station prior to vehicle handover. Any such amounts may be invoiced only in accordance with Articles 14.4 and 14.5.

9.3.         Theft

9.3.1.    In the event of theft, the Lessee must immediately report it to the nearest police station and deliver a copy of the report to AUSTRAUTO along with the keys and vehicle documents, if these have not been stolen.

9.3.2.    In the event of culpable failure to comply with this obligation, the Lessee will be liable for all losses and disadvantages suffered by AUSTRAUTO according to Article 9.2.6. Article 9.2.5 applies mutatis mutandis in the event of theft.

9.3.3.    In the event of theft or total loss, AUSTRAUTO may charge the administrative handling fee for vehicle theft or total loss. This fee is a service-related administrative charge for case handling and is separate from any compensation for loss, deductible/excess, or other damage-related claims. The applicable administrative handling fee is set out in the Cost table available for review at the rental station prior to vehicle handover.

10. Insurance coverage and limitations of liability

Important notice: The standard rental price includes only mandatory third-party liability insurance (TPL) and does not include any comprehensive “casco” cover for damage to or loss of the rented vehicle. Any limitation of the Lessee’s liability for damage to or loss of the rented vehicle is available only by purchasing optional protection packages (“Liability Reduction”) (e.g. LDW / SMART / SCDW). These packages are not insurance policies; they provide only a contractual limitation of liability under the conditions set out below.

10.1.      Motor vehicle liability insurance (TPL)

All vehicles are covered by compulsory motor vehicle liability insurance (Third Party Liability – TPL) in accordance with applicable law. This insurance covers damage to persons and property caused to third parties, including passengers, up to the statutory limits and/or under the insurance policy. Damage to the rented vehicle itself is not covered by this liability insurance. Under TPL, the driver is not covered for personal injury if they are responsible for the event, while passengers are insured for personal injury as third parties; however, their personal belongings are excluded, unless otherwise required by law or expressly indicated.

Additional protection packages offered by AUSTRAUTO provide a contractual limitation of liability exclusively for material damage or loss to the rented vehicle and do not include any personal accident or bodily injury coverage.

10.2.      Loss Damage Waiver (LDW)

The Loss Damage Waiver (LDW) is not an insurance policy, but an optional contractual limitation of liability offered by AUSTRAUTO. If purchased, it limits the Lessee’s financial responsibility per incident, for loss of or damage to the rented vehicle (including theft), up to the applicable excess amount stated in the rental agreement. It does not apply cumulatively or beyond the rental period.

The LDW applies only if the damage or loss occurs during the valid rental period and the Lessee has complied with all contractual obligations, including proper use of the vehicle and immediate reporting of any incident to AUSTRAUTO and local authorities.

Where the vehicle is recovered but parts of it or built-in equipment (e.g. radio, navigation unit, built-in accessories) are stolen or damaged as a result of theft or attempted theft, this shall be treated as a theft claim under the selected protection package (if any) and the applicable deductible/excess set out in the rental agreement and/or in the terms of the selected Liability Reduction shall apply per incident. This does not cover personal belongings left in the vehicle.

Exclusions: The LDW does not apply to losses resulting from intent, gross negligence, prohibited use, driving under the influence, use by unauthorized drivers, failure to promptly report the incident and cooperate, failure to return keys/documents, or other material breaches of contractual obligations.

For force majeure events (e.g., hail, flood, storm, earthquake), the LDW remains applicable up to the agreed excess, provided the Lessee has taken reasonable precautions and has promptly reported and documented the event with the competent authorities. The Lessee shall cooperate in clarifying the circumstances of the event. This provision shall not limit the Lessee’s rights under mandatory consumer protection law.

11. Liability of AUSTRAUTO

11.1.      AUSTRAUTO shall be liable in accordance with applicable law. To the extent permitted by law, AUSTRAUTO shall be liable for damages caused intentionally or gross negligence, subject to the following limitations. In cases of slight negligence, AUSTRAUTO’s liability shall be limited to foreseeable, typical direct damages, except where (i) mandatory consumer protection law provides otherwise, (ii) death or personal injury is caused, or (iii) AUSTRAUTO breaches a material contractual obligation, in which case AUSTRAUTO shall remain liable for foreseeable, typical direct damages. Any liability for indirect or consequential damages, including loss of profit, is excluded only to the extent permitted by mandatory law.

AUSTRAUTO shall not be liable for defects or failures that are not attributable to AUSTRAUTO, unless mandatory law provides otherwise. Any warranty or product-related claims against manufacturers or suppliers remain unaffected. Mandatory statutory rights of the Lessee remain unaffected.

11.2.      The Lessee is strongly advised to keep all valuables, documents, and personal belongings under supervision and not to leave them unattended in the vehicle. AUSTRAUTO shall not be liable for items brought into the vehicle by the Lessee that are lost, stolen, or damaged during the rental period or in connection with the return process, except where AUSTRAUTO (or persons for whose conduct AUSTRAUTO is responsible) acted with intent or gross negligence, where AUSTRAUTO has expressly taken custody of such items, or where mandatory law provides otherwise.

11.3.      If the Lessee is a consumer, nothing in this Section excludes or limits AUSTRAUTO’s liability for death or personal injury to the extent such limitation is not permitted by mandatory law. Statutory mandatory rights remain unaffected.

11.4.      Optional protection packages purchased by the Lessee may not cover damages, losses or costs resulting from force majeure events (e.g. hail, storm, flood, earthquake or similar natural disasters), depending on the specific package terms. If such an event occurs during the rental period, the Lessee may be financially responsible for vehicle damage and related costs (including repair, towing and loss-of-use costs) only to the extent that such responsibility arises under the rental agreement and applicable law and is not covered or reimbursed by insurance or third parties.

Force majeure events do not automatically exempt the Lessee from all contractual obligations. The Lessee remains obliged to take reasonable care of the vehicle, to take reasonable steps to prevent and mitigate damage or loss (including prompt notification to AUSTRAUTO and reasonable cooperation), and to comply with the agreed return obligations, subject to mandatory law and the terms of any applicable coverage.

AUSTRAUTO shall not be liable for delays, interruptions or inability to provide a replacement vehicle caused by force majeure or external events beyond AUSTRAUTO’s reasonable control, nor for consequential or indirect losses, except where mandatory law provides otherwise. Any exclusion of liability for indirect or consequential damages applies only to the extent permitted by mandatory law.

12. Liability of the Lessee, limitation of liability

12.1.      Liability of the Lessee

12.1.1.      Unless otherwise expressly agreed, the Lessee shall be liable to AUSTRAUTO for any loss (including theft) of or damage to the vehicle and its equipment occurring between handover and return, to the extent such loss or damage is attributable to the Lessee and the Lessee is responsible under applicable law. The vehicle must be returned in the same condition as received, subject to normal wear and tear, and any rights arising under mandatory law.

12.1.2.      The Lessee shall not be liable for damage caused by AUSTRAUTO (or persons for whose conduct AUSTRAUTO is responsible) or resulting from manufacturing defects. Mandatory statutory rights remain unaffected.

12.1.3.      The Lessee and any registered additional drivers shall be jointly and severally liable for all obligations arising from the rental agreement and for any damage caused by the use of the vehicle, whether with or without AUSTRAUTO’s consent, as well as for their own actions insofar as they relate to the use of the vehicle. Any agreed Liability Reduction shall not apply if the vehicle is used by unauthorized persons or contrary to the terms of the agreement.

12.1.4.      The Lessee and any registered additional drivers shall comply with all applicable legal provisions, traffic regulations, and third-party rights during the rental period. The Lessee shall indemnify and hold AUSTRAUTO and/or the vehicle owner harmless from and against all fines, taxes, and costs incurred as a result of violations for which the Lessee is responsible. AUSTRAUTO will forward relevant data to authorities when required by law.

If such violations result in official requests, proceedings or other authority-related measures requiring operational handling, AUSTRAUTO may charge the Lessee a breach of contract fee for each such authority request or comparable case per authority request/proceeding (each separate incoming official request connected to the rental), provided that the fee is clearly attributable to the Lessee, and permitted under mandatory law. The applicable fee is set out in the Cost table available for review at the rental station prior to vehicle handover and is made available to the Lessee before rental start. Moderation rights apply (in particular § 1336 ABGB).

The breach of contract fee is a fixed contractual consequence of the breach and is separate from the rental price. It does not include external third-party costs directly incurred as a result of the breach (e.g. towing, recovery, authority fees, statutory charges, insurance surcharges, or other documented out-of-pocket expenses). Such external costs may be charged separately only where they are legally due and payable, clearly attributable to the Lessee, and supported by documentation, in accordance with Articles 14.4 and 14.5.

Any further damages beyond the breach of contract fee and external third-party costs may be claimed only if and to the extent permitted under applicable law and where the legal requirements for such a claim are met.

12.1.5.      The Lessee shall comply with all relevant regulations and third-party rights when driving or parking the vehicle. AUSTRAUTO may disclose the Lessee’s contact details to third parties to pursue claims resulting from unauthorized parking or other actions for trespass. The Lessee shall compensate AUSTRAUTO or the vehicle owner for all disadvantages, damages and costs resulting from negligent behavior or omissions by the Lessee or persons for whom they are responsible.

12.1.6.      The Lessee acknowledges that upon vehicle pick-up, they have been informed about the availability and proper use of snow chains, and that it is their responsibility to decide whether to rent them. The Lessee is solely responsible for complying with all road, weather, and safety regulations, including assessing their route, determining whether snow chains are required, and ensuring proper installation and use. The Lessee is liable for all damages, fines, delays, accidents, or recovery costs resulting from the absence, misuse, or non-use of snow chains, even if the vehicle is equipped with seasonally mandatory winter tyres. AUSTRAUTO is only responsible if the snow chains provided were defective or unusable. In all other cases – including when snow chains are optional, where the Lessee declines to rent them, or where informed that winter or mountain routes cannot be guaranteed without them – the Lessee assumes full responsibility and all related risks to the extent the Lessee is responsible under applicable law. This clause does not limit the Lessee’s contractual liability towards AUSTRAUTO, except to the extent that such limitation is required by applicable mandatory law.

Using the vehicle on roads or sections where snow chains are mandatory without properly installing and using snow chains were required, constitutes a breach of contract. In such circumstances, AUSTRAUTO may charge the Lessee for any damages and any objectively verifiable external costs directly incurred as a consequence of the breach (e.g. recovery, towing, authority fees or statutory charges), to the extent such amounts are clearly attributable to the Lessee and supported by documentation. Any such amounts may be charged only in accordance with the procedure under Articles 14.4 and 14.5.

Where snow chains are listed in the rental agreement, the Lessee confirms receipt of them. Where snow chains are provided, a snow-chain rental charge may apply per rental; the applicable charge is set out in the Cost table available for review at the rental station prior to vehicle handover. Snow chains must be used where required by weather, road conditions and/or applicable rules. Liability Reduction purchased does not cover damage, loss, misuse, or non-use of snow chains.

12.1.7.      Using the vehicle on roads, sections or lanes subject to electronic toll collection (including payment systems via apps or digital portals) without making the required payment or without properly activating the relevant service constitutes a breach of contract. Where an unpaid toll is subsequently claimed by the competent authority and is clearly attributable to the Lessee’s use of the vehicle during the rental period, AUSTRAUTO may charge (i) the toll amount, and (ii) a breach of contract fee in accordance with Article 12.2.4, provided the breach is supported by objective evidence and the amounts are legally due and payable. The applicable breach of contract fee is set out in the Cost table available for review at the rental station prior to vehicle handover and is made available to the Lessee before rental start. In addition, AUSTRAUTO may charge any objectively verifiable external third-party costs directly incurred as a result of the breach (e.g. authority fees or statutory charges), supported by documentation. Any such amounts may be charged only in accordance with Articles 14.4 and 14.5.

Any verification (including the use of GPS/location data, if installed) will be carried out only in accordance with Article 8 and the Privacy Policy and only to the extent necessary for vehicle security, contract performance and fraud prevention and, where objectively required, to verify compliance with contractual obligations (e.g. toll-related disputes).

12.2.      (Partial) limitation of liability (“Liability Reduction”)

12.2.1.      By purchasing one of appropriate packages offered by AUSTRAUTO and made available for selection during booking and/or at the counter, the Lessee may limit their liability for damages resulting from accidents and/or theft to the extent provided for in the respective package by paying a corresponding fee on the agreed deductible. In this case, the Lessee’s obligation to compensate will only exist for damages resulting from traffic accidents and/or theft or intentional damage to the vehicle by third parties, beyond the agreed (partial) limitation of liability. This limitation shall not apply if:

1. the Lessee or the persons to whom the renter has left the vehicle caused the damage intentionally or through gross negligence, in particular for damage caused intentionally or through gross negligence resulting from incorrect handling, incorrect refueling, slipping of the load, braking maneuvers caused by the Lessee, improper use of snow chains or roof racks, improper loading, failure to close covers/windows in rain and wind, failure to observe the maximum height and width of the vehicle (for accesses, bridges, tunnels, etc.), and inadequate vehicle security (unlocked vehicle or key left open), etc.;
2. the vehicle was driven, with the awareness and consent of the Lessee at the time of the damage, by a person (allowed to a person) who had not been previously designated as the driver by AUSTRAUTO;
3. the driver of the vehicle did not possess a valid driving license at the time of the accident, or the driver’s driving ability was impaired by alcohol, drugs, or similar factors;
4. the vehicle was used at the time of the damage in a manner contrary to the provisions of Article 7.2.1;
5. the Lessee or their passengers caused damage or dirt inside the vehicle (e.g., burns on the seats, etc.), unless this was a direct result of the accident;
6. the Lessee intentionally or with gross negligence breaches material obligations under Article 9 and this breach causes or increases the damage or prevents proper clarification of the claim;
7. the Lessee or the driver to whom he entrusted the vehicle committed a hit-and-run incident, to the extent that AUSTRAUTO’s legitimate interests in determining the damage were generally harmed, unless the breach of duty was neither intentional nor grossly negligent;
8. the damage did not occur during the agreed rental period (i.e., in particular, in the event of a delay in returning the vehicle);
9. the damage occurred during an unauthorized trip abroad.

12.2.2.      If the Lessee leaves valuables in the vehicle so that they are visible from the outside, theft or attempted break-in will in any case be considered gross negligence, therefore any agreed Liability Reduction will not be effective in this case.

12.2.3.      If no Liability Reduction applies, the Lessee must compensate AUSTRAUTO for the full amount of the damage excess in accordance with the deductible/excess stated in the rental agreement and/or the selected protection package terms provided to the Lessee in durable form.

In addition, AUSTRAUTO may charge (i) any applicable administrative handling fee(s) disclosed to the Lessee in connection with damage-related events, and (ii) a breach of contract fee only in those specific cases expressly defined in these Terms and disclosed to the Lessee prior to charging in connection with authority-related fines, official authority requests/proceedings or third-party enforcement claims (including claims asserted through legal representatives or collection agents) attributable to the Lessee. Administrative handling fees constitute service-related administrative charges, whereas breach of contract fees constitutes fixed contractual consequences of specific breaches as expressly defined and disclosed.

12.2.4.      Any protection package (including LAZY, SMART or SCDW) limits the Lessee’s liability only for loss of or damage to the rented vehicle to the extent stated in the package terms. It does not waive or cover fines, penalties, taxes or charges imposed by authorities, nor contractual fees or charges resulting from breaches of contract or authority-related handling (including the Breach of contract fees for fines and reports), unless expressly stated otherwise. The applicable fee is made available to the Lessee prior to rental start (including at the rental station before vehicle handover). The Cost table containing such breach of contract fees is available for review at the rental station prior to vehicle handover. Any such fee will be recorded in the final settlement documentation.

13. Return of the vehicle

13.1.      The Lessee is required to return the vehicle, vehicle keys, and rental accessories to AUSTRAUTO at the end of the rental period on the agreed day, at the agreed time, and to the agreed drop-off location. Any return at a different AUSTRAUTO (or DRYYVE Group abroad) location is permitted only in accordance with Article 8.4 (one-way return) and subject to the any applicable fee disclosed and agreed in writing before the one-way return is approved and/or charged. The vehicle, keys, and accessories must be returned in the condition in which they were made available to the Lessee at the beginning of the rental period, taking into account normal wear and tear. If the rental agreement is amended according to Article 3.1.2. during the rental period, the Lessee is entitled to use the vehicle until the end of the rental period according to the amended rental agreement. The rental agreement ends only when the vehicle has been returned to the agreed location, and the vehicle keys and other accessories have been handed over to an AUSTRAUTO or an employee of a third party authorized by AUSTRAUTO.

13.2.      The vehicle must be emptied and cleaned of any property belonging to the Lessee or to persons attributable to the Lessee.

13.3.     The Lessee shall return the vehicle in a clean condition comparable to the condition at handover, allowing only for normal wear and tear. A vehicle is deemed “clean” if it does not require cleaning beyond AUSTRAUTO’s standard turnaround preparation. Any soiling that requires cleaning beyond AUSTRAUTO’s standard turnaround preparation, even if minor, may be charged. Cleaning costs may therefore be charged where the vehicle is returned with any interior or exterior soiling, including, for example, visible dirt, stains, spills, sticky residues, mud, sand, food residues, animal hair, unpleasant odours, waste, or similar contamination or excessive interior/exterior soiling. Any cleaning costs must be reasonable and reflect the actual cleaning effort required. Any such amounts may be invoiced and charged to the extent they are clearly attributable to the Lessee and supported by documentation (e.g. photographs and/or a brief description). The applicable cleaning charges are set out in the Cost table available for review at the rental station prior to vehicle handover.

13.4.      If the vehicle is returned earlier than agreed, the rental price remains payable for the agreed rental period and the Lessee is not entitled to a refund solely due to the early return, unless mandatory statutory rights apply (in particular in cases of defective performance or circumstances attributable to AUSTRAUTO). This does not affect any entitlement of the Lessee to a reduction, set-off or refund where required by mandatory law, including where and to the extent AUSTRAUTO avoids costs and/or is able to re-rent the vehicle for the same period.

13.5.      Upon returning the vehicle during opening hours, the vehicle and any rental accessories will be inspected for any new damage either (i) together with the Lessee by an AUSTRAUTO employee (or an employee of a third party authorized by AUSTRAUTO), or (ii) where the return location is equipped with an authenticated digital check-in system (e.g. a scanning gate), through an automated return procedure. In the case of an attended return, AUSTRAUTO (or its authorized representative) and the Lessee shall complete a return report (Vehicle Condition Report Form) and the Lessee shall be invited to sign it. In the case of automated return, the return report (or corresponding digital documentation) may be created without the Lessee’s presence or signature, based on time-stamped and tamper-proof evidence (e.g. images, scans, sensor data and/or return logs). Any newly identified damage will be documented by photographs and/or other objective evidence where available. Upon request, the Lessee will be provided with a copy of the completed return report (or corresponding digital documentation).

If new damage is found and the Lessee confirms it by signature (in the case of attended return), the Lessee must pay the applicable damage deductible/excess amount as stated in the rental agreement and/or in the terms of the selected protection package (if any). The deductible/excess applies per incident/event, unless expressly agreed otherwise.

If it is possible to determine the deductible/excess amount immediately, it will be specified on the final invoice. The Lessee shall not be charged for amounts exceeding the applicable deductible/excess unless and only to the extent AUSTRAUTO is entitled to claim such amounts under the rental agreement and mandatory law, including where the insurer refuses payment due to the Lessee’s breach of contractual or reporting obligations.

If the Lessee refuses (or is not present) to sign the return report, AUSTRAUTO will document the condition of the vehicle (including photographs and other objective evidence where available) and handle any claims in accordance with Article 13.6 and Articles 14.4 and 14.5.

13.6.      Where the vehicle cannot be jointly inspected at return (including returns outside opening hours), AUSTRAUTO will carry out the inspection within a reasonable time and document it (including photographs where available).

If AUSTRAUTO identifies damage, missing items, excessive soiling or other chargeable items, AUSTRAUTO will notify the Lessee without undue delay and provide a brief description and reasonable supporting evidence.

13.7.      If the vehicle is returned outside opening hours and a joint inspection cannot be carried out, the Lessee shall follow the agreed return procedure and ensure that the vehicle is properly parked in the designated return area, locked and secured, and that – depending on the rules in force on site – the key is deposited in the designated return box.

The Lessee shall take reasonable steps to document and report any incident, damage or irregularity that becomes apparent at return (e.g. by completing the accident report form available in the on-board documentation and depositing it together with the vehicle key).

AUSTRAUTO will inspect the vehicle within a reasonable time upon reopening and prepare the return report (including photographs where available). If damage, missing items, excessive soiling or other chargeable items are identified that are clearly attributable to the Lessee’s use of the vehicle during the rental period, AUSTRAUTO will notify the Lessee without undue delay and provide reasonable supporting evidence.

The Lessee remains responsible for taking reasonable care of the vehicle until the vehicle and keys have been properly deposited in the designated return area / key box in accordance with AUSTRAUTO’s instructions. Thereafter, the Lessee shall not be liable for damage occurring after return unless AUSTRAUTO can reasonably demonstrate, based on objective evidence, that such damage is attributable to the Lessee’s use during the rental period.

13.8.      In the event that the vehicle is not returned at the agreed time and the Lessee fails to communicate the delay in returning it, by emailing to info@dryyve.at or visiting any AUSTRAUTO/DRYYVE Group station in person and agreeing a new return time, AUSTRAUTO reserves the right to notify the competent authority where objectively necessary (e.g. in case of loss of contact, suspected theft or serious delay).

13.9.      If the Lessee returns the vehicle later than the agreed return time (“late return”), the following applies:

(i) Delay up to 30 minutes: no additional rental fee or charge will be applied.

(ii) Delay of more than 30 minutes: AUSTRAUTO may charge an additional rental fee for the period of delay/additional use and may continue charging any daily-priced optional services booked by the Lessee for that period where applicable.

In addition, AUSTRAUTO may charge an Operational management cost for an unannounced late return, to cover objectively incurred additional costs caused by the delay (e.g. fleet scheduling and reallocation efforts or staff coordination), provided that such charge is reasonable and proportionate. The applicable Operational management charge is set out in the Cost table available for review at the rental station prior to vehicle handover and will be disclosed prior to charging. If the Lessee is a consumer within the meaning of the Consumer Protection Act, they shall not be liable to pay such additional charges to the extent they are not at fault for the failure to report the delay.

In addition, where the late return causes AUSTRAUTO to be unable to fulfil a confirmed subsequent rental or otherwise causes demonstrable loss, AUSTRAUTO may claim compensation for the resulting direct and reasonably foreseeable financial loss (e.g. loss of rental income for the affected period, costs of providing a replacement vehicle, rebooking/relocation costs, or reasonable compensation paid to the next customer), to the extent such loss is legally due and payable, clearly attributable to the Lessee’s delay, supported by documentation, and not already covered by the additional rental fee and/or by the operational management cost for late returns not communicated. AUSTRAUTO will take reasonable steps to mitigate such loss (including by re-renting the vehicle or providing a comparable replacement where feasible).

Any such charges shall be reduced to the extent AUSTRAUTO avoids costs and/or is able to re-rent the vehicle (or a comparable replacement vehicle) for the same period.

13.10.   If the Lessee fails to return the vehicle at the agreed time and place without AUSTRAUTO’s prior written approval, the Lessee shall be in default, and the rental period shall not be deemed automatically extended.

During such unauthorized retention, the Lessee remains obliged to take reasonable care of the vehicle and to comply with the contractual use obligations. The Lessee shall be liable for any loss of or damage to the vehicle and for any costs resulting from the unauthorized retention to the extent such loss, damage or costs are attributable to the Lessee under applicable law, and subject to any mandatory statutory rights and any protection package booked, unless and to the extent such package is validly reduced or excluded under the conditions set out in Articles 9.1.3 and 9.2.5.

The charges for the period of delay are governed by Article 13.9. Payment of such amounts does not in itself constitute approval of an extension of the rental period. Any extension requires AUSTRAUTO’s express confirmation.

Where AUSTRAUTO has not approved an extension, any Liability Reduction or protection package applies only to the extent provided in its terms and permitted by mandatory law. In particular, it does not cover risks arising after the agreed end of the rental period, unless the protection package expressly provides coverage for such delay periods.

14. Final settlement

14.1.      AUSTRAUTO will prepare the final rental invoice as soon as reasonably possible after the return of the vehicle. Any additional amounts relating to the rental period may be charged to the Lessee via the payment method selected during booking and/or confirmed at pick-up, but only in accordance with Articles 14.4 and 14.5. Any advance payment made at the time of booking will be credited and deducted from the total amount due.

14.2.      The Lessee remains liable for all damages, missing items, administrative handling fees set out (including, where applicable, administrative handling fees for small damages, damages with vehicle downtime, and vehicle theft or total loss), contractual fees expressly agreed and clearly disclosed, and other obligations that arise during the rental period and become known to AUSTRAUTO only after the vehicle’s return (including traffic fines, toll claims, parking fees and similar administrative charges). The applicable administrative handling fees are set out in the Cost table available for review at the rental station prior to vehicle handover. If AUSTRAUTO becomes aware of such charges after issuing the final invoice, AUSTRAUTO will notify the Lessee without undue delay and may include such amounts in the final settlement or invoice them separately. Any such amounts may be claimed and charged only to the extent they are legally due and payable, clearly attributable to the Lessee, supported by documentation, and handled in accordance with Articles 14.4 and 14.5.

14.3.      If damage to the vehicle or rental accessories occurs and the amount cannot be determined upon return, AUSTRAUTO will issue the final invoice as soon as reasonably possible after the damage has been assessed and the applicable deductible (if any) has been determined. In such cases, the final settlement may be delayed accordingly.

Late-arriving administrative charges (such as traffic fines, toll claims, road access penalties or similar authority claims) are handled exclusively under Article 14.5.

14.4.      General rule which applies to all charges: in connection with the final settlement and any charges relating to the rental period, AUSTRAUTO may debit the Lessee’s payment method (or capture amounts from the deposit) only for amounts that are (i) legally due and payable, (ii) clearly attributable to the Lessee, and (iii) supported by reasonable documentation (e.g. invoice, authority notice/reference, photos, return report, or a brief description of the chargeable item). Before any charge is processed, AUSTRAUTO will notify the Lessee in a clear and comprehensible manner of the amount, the basis for the charge and the available supporting documentation and will provide the Lessee with a reasonable opportunity to comment or object in accordance with Article 14.5. If the Lessee submits a timely and substantiated objection, the disputed amount will not be charged without further notification and either (i) the Lessee’s explicit consent, or (ii) a final clarification confirming that the amount remains legally due and payable (including, where applicable, confirmation by the competent authority or other objective confirmation of enforceability). The Lessee’s statutory rights (including refund and chargeback rights) remain unaffected. Any time limits in this Article apply only to the extent permitted by mandatory law, and do not limit any statutory consumer rights.

Exception (authority deadlines): where AUSTRAUTO is required to make an immediate payment to a competent authority for an amount that is legally enforceable against AUSTRAUTO within a short statutory or official deadline and prior notification is not reasonably possible despite reasonable efforts, AUSTRAUTO may process the amount first, provided that (i) the Lessee is notified without undue delay thereafter, (ii) the amount is supported by documentation, and (iii) the Lessee retains all statutory objection, refund and chargeback rights. This exception does not affect the notification and objection procedure under Article 14.5 for late-arriving administrative charges.

14.5.     Traffic fines, toll claims, ZTL/road access penalties and similar administrative charges relating to the rental period may be issued or received by AUSTRAUTO after the end of the rental, sometimes several months later and, in some jurisdictions, even several years later. The Lessee remains responsible for such charges to the extent they are legally due and payable and clearly attributable to the Lessee’s use of the vehicle. AUSTRAUTO will notify the Lessee without undue delay after becoming aware of such a claim and will provide, upon request, a copy of the authority notice or the relevant reference details in a reasonable and accessible form.

Within three (3) calendar days from notification, or within a reasonable longer period where required by mandatory consumer law, the Lessee must either (i) pay the amount directly to the competent authority (where possible) and provide proof of payment (or provide confirmation that the authority procedure is pending and payment is not possible at that stage), or (ii) submit a timely and substantiated objection, stating the reasons and, where available, any supporting evidence. If the Lessee fails to pay, fails to respond within this period, or does not submit a substantiated objection, and provided that the amount is legally due and payable, clearly attributable to the Lessee and supported by documentation, AUSTRAUTO may charge the Lessee’s payment method for the amount in question in accordance with Articles 14.4 and 15. If the Lessee submits a timely and substantiated objection, the disputed amount will not be charged without further notification and either (i) the Lessee’s explicit consent, or (ii) a final clarification (such as a binding authority decision or other objective confirmation) confirming that the amount remains legally due and payable.

AUSTRAUTO may seek payment of such late-arriving charges within the time limits permitted by applicable law. Where the Lessee has provided a Traffic Fines Deposit under Article 4.2.7, AUSTRAUTO will first use that deposit within the retention period stated there. After the retention period ends, any later or outstanding amounts will be pursued separately in accordance with this Article.

14.6.      If a charge outlined in Articles 14.4 or 14.5 cannot be processed via the Lessee’s payment method (e.g. due to insufficient funds, card blockage, expiration, or because the authorization is no longer available), AUSTRAUTO may request payment by invoice. The Lessee shall pay the invoiced amount within three (3) calendar days from notification, unless (i) a reasonable longer period is required by mandatory consumer protection law, or (ii) the Lessee submits a timely and substantiated objection in accordance with Articles 14.4 and 14.5. This does not affect AUSTRAUTO’s right to pursue lawful recovery measures for amounts that remain legally due and payable after completion of the applicable notification and objection procedure.

15. Credit card authorization and Deposit

15.1.      At the start of the rental, the Lessee authorizes AUSTRAUTO to secure the Security Deposit by pre-authorization or by a refundable deposit charge, and to debit the Lessee’s payment method only for:

(i) the rental price stated in the rental agreement;

(ii) optional services and fees expressly agreed and clearly disclosed to the Lessee prior to contract conclusion or (for counter-purchased extras) prior to acceptance at the counter by way of a written offer/selection record; and

(iii) any further amounts that are legally due and payable under the rental agreement, clearly attributable to the Lessee and supported by documentation.

Any such charges may be processed in accordance with Articles 14.4 and 14.5, except in the limited cases expressly permitted under Article 14.4 (authority deadlines).

The acceptance of payment instruments for deposit purposes is subject to the requirements set out in Article 4.2 (in particular, that the payment card is issued in the name of the main driver and supports a valid pre-authorization of the deposit).

15.2.      The pre-authorization does not constitute an immediate charge. The pre-authorization will be made only for the exact amount communicated to the Lessee prior to contract conclusion (or, at the latest, prior to pick-up) and expressly approved by the Lessee at the time of pick-up.

15.3.      This authorization applies for the duration of the rental agreement and, to the extent permitted by law, for post-rental settlement of charges in accordance with Articles 14.4 and 14.5 (including late-arriving administrative claims).

The Lessee remains responsible for paying all agreed amounts and any clearly disclosed charges once duly notified in accordance with the applicable procedure. If payment cannot be processed via the Lessee’s payment method, the invoicing and recovery procedure under Articles 14.6 and 15.4 applies.

This clause governs only payment authorization and does not constitute consent to data processing. Any processing of personal data is carried out in accordance with applicable data protection law and AUSTRAUTO’s Privacy Policy, which is made available to the Lessee at the time of booking and upon request at pick-up (available at https://www.iubenda.com/app/privacy-policy/64400855).

15.4.      If the pre-authorization or subsequent debit is declined (e.g. due to insufficient funds, card blockage, expiry or loss of authorization), or where charging is not technically possible even after the procedure under Articles 14.4 and 14.5, AUSTRAUTO may request payment by invoice and, if necessary, pursue lawful recovery measures, but only for amounts that remain legally due and payable after completion of the applicable procedure set out in Articles 14.4 and 14.5.

This does not affect AUSTRAUTO’s right to claim any legally due deductibles, damages or other amounts relating to the rental (including traffic violations, administrative fines or similar charges, and contractual obligations) in accordance with these Terms and applicable law, subject to the procedure under Articles 14.4 and 14.5. Any invoice issued under this Article shall be handled in accordance with Article 14.6.

15.5.      Payment instruments are accepted in accordance with Article 4.2. and the applicable requirements will be made available to the Lessee prior to pick-up. Deposit amounts and eligibility requirements may vary depending on the payment method solely for risk management purposes and only within the limits permitted by applicable law.

16. Data protection clause

Rental Privacy Summary (key information)

This summary provides the main information required under Articles 12 and 13 GDPR in a clear and easily accessible form.

AUSTRAUTO processes personal data mainly to:

• perform the rental (booking, vehicle handover, communication and support),
• process payments and deposits, and settle charges arising from the rental (including late-arriving administrative charges such as traffic fines and tolls),
• prevent fraud and misuse, and protect vehicles (e.g. theft prevention), and
• comply with legal obligations (e.g. accounting and statutory retention duties).

AUSTRAUTO processes personal data only to the extent necessary for these purposes and in accordance with applicable data protection law (in particular the GDPR).

Main legal bases: performance of contract (Art. 6(1)(b) GDPR), compliance with legal obligations (Art. 6(1)(c)), legitimate interests such as fraud prevention and vehicle security (Art. 6(1)(f)); consent is used only where required for optional processing (Art. 6(1)(a)).

Further details (including recipients, retention periods and the Lessee’s rights and how to exercise them) are provided in AUSTRAUTO’s Privacy Policy available in short version at https://www.iubenda.com/app/privacy-policy/64400855 (with access to the full version), and in full version at https://www.iubenda.com/app/privacy-policy/64400855/legal, and made available to the Lessee before contract conclusion (e.g. during booking and/or at pick-up). The Privacy Policy explains the main legal bases for processing, also explains who receives the data, how long it is stored, whether it is transferred outside the EU, and how the Lessee can exercise their rights.

16.1.      AUSTRAUTO processes personal data (e.g. contact details, identity data, booking and rental data, payment and deposit data, vehicle use data (where applicable, limited location/GPS data only to the extent necessary for theft prevention, vehicle recovery and contract compliance)) of the Lessee and any registered driver for the purposes of concluding, performing and settling the rental agreement, including

(i) handling booking and vehicle handover,

(ii) verifying identity and eligibility to rent,

(iii) processing payments, deposits and settlement of charges,

(iv) customer support and communication,

(v) preventing misuse, unauthorized use, fraud and theft, and

(vi) fulfilling legal obligations (including accounting, statutory retention duties and the handling of legal claims arising from the rental).

Personal data is processed only to the extent necessary for these purposes and in accordance with applicable data protection law (in particular the GDPR). Further details are set out in AUSTRAUTO’s Privacy Policy, which is made available to the Lessee before contract conclusion (e.g. during booking and/or at pick-up in a clearly accessible form).

AUSTRAUTO does not require the Lessee’s consent for personal data processing that is necessary for the conclusion and performance of the rental agreement or for compliance with legal obligations. Where consent is requested for optional processing activities (e.g. certain marketing cookies), refusal or withdrawal of consent does not affect the Lessee’s ability to rent a vehicle.

16.2.      AUSTRAUTO may disclose personal data (such as name, address and rental-related information) only where and to the extent this is required by law, necessary for the performance of the rental agreement, or necessary for the establishment, exercise or defense of legal claims, in particular:

(a) to competent authorities, courts or public bodies in response to a legally valid and justified official request (e.g. traffic fines, toll claims, investigations or legal proceedings);

(b) to insurers, recovery service providers, legal advisers or collection service providers where necessary for the handling of claims arising from the rental (e.g. accidents, theft, damage or non-payment), and only to the extent required for such handling;

(c) to third parties or their legal representatives only where this is necessary to investigate, defend or pursue legal claims arising from the rental or the use of the vehicle (e.g. in case of an alleged infringement of third-party rights supported by objective indications, accident, damage, theft, unlawful vehicle retention or trespass), provided that such disclosure is proportionate, limited to the minimum necessary data, and based on an applicable legal basis.

AUSTRAUTO will not disclose personal data to third parties merely upon request, but only where a valid legal basis and necessity requirement is met under the GDPR.

Where required or permitted by law, AUSTRAUTO will inform the Lessee of such disclosure without undue delay, unless doing so would be prohibited by law or would prejudice an investigation or a legal obligation.

Any such disclosure will be limited to what is necessary for the specific purpose and will not affect the Lessee’s statutory rights.

17. Online reservations and services on the website www.dryyve.com

17.1.      AUSTRAUTO, as the provider of online vehicle rental services, operates through its digital platform accessible at https://dryyve.at and/or https://dryyve.com (“Platform”). For communications according to Regulation (EU) 2022/2065 (Digital Services Act, “DSA”), including notices, reports or requests for information, users can contact AUSTRAUTO via:

• Email: info@dryyve.at
• Postal address: Objekt 134, Parkhaus 4, Car Rental Center 0A2804, 1300 Vienna International Airport, Austria

17.2.      Notices of illegal content (DSA Art. 16)

Users and third parties may submit notices of content they consider to be illegal under Article 16 DSA by email to info@dryyve.at.

Notices should include at least:

• a clear explanation of why the content is considered illegal;
• the precise URL or location of the content;
• any supporting documentation or information available.

Notices should be submitted in good faith. AUSTRAUTO may disregard manifestly unfounded or abusive notices to the extent permitted by applicable law. AUSTRAUTO reserves the right to request additional information where necessary. Where appropriate and in accordance with applicable law, AUSTRAUTO may remove or restrict access to content that is illegal or violates these Terms. Decisions may be reviewed under the internal complaints procedure in Article 17.5.

17.3.           Obligation to provide reasons for restrictions or removals

If AUSTRAUTO restricts, suspends or terminates a user’s access to the Platform or refuses a booking (e.g. due to security, fraud prevention, payment issues or legal compliance), AUSTRAUTO will provide the user with a clear and user-friendly statement of reasons without undue delay, where required by applicable law, including:

• the main reasons for the decision;
• any relevant contractual or legal basis;
• information on available remedies, including the internal complaints procedure under Article 17.4.

Where required by applicable law, AUSTRAUTO will provide this statement in a durable or otherwise accessible form.

17.4.      Internal complaints procedure (DSA Art. 20)

Users may submit a complaint against decisions relating to content, access restrictions or refusals under this Article within six (6) months of notification by writing to info@dryyve.at. AUSTRAUTO will review the complaint without undue delay and, where possible, provide a response within thirty (30) days.

This procedure does not affect the user’s right to seek out-of-court dispute resolution or to take legal action. Where required by law, users may also refer disputes to an independent dispute settlement body, where available.

17.5.      Obligations to cooperate with authorities

AUSTRAUTO cooperates with competent judicial and administrative authorities in accordance with applicable law and will respond to legally valid requests as required.

17.6.      Monitoring and transparency reporting

Where required under the DSA, AUSTRAUTO will publish transparency information on its handling of notices, restrictions and complaints in accordance with the applicable legal requirements.

18. Applicable law, competent court and other provisions

18.1.      This agreement is governed by Austrian law, excluding its conflict-of-law rules. If the Lessee is a consumer, mandatory consumer protection provisions of the Lessee’s country of habitual residence remain unaffected (Article 6 Rome I Regulation, (EC) No 593/2008).

When travelling abroad, the Lessee must also comply with the applicable local traffic and other mandatory regulations in the countries crossed.

18.2.      If the Lessee is a consumer, the statutory rules on jurisdiction apply. In particular, disputes involving consumers are subject to the jurisdiction rules of the Austrian Consumer Protection Act (KSchG) and, where applicable, Regulation (EU) No 1215/2012 (Brussels Ia Regulation).

If the Lessee is not a consumer, the exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be Vienna, Inner City, Austria.

18.3.      This agreement, together with any documents expressly referenced in it or otherwise expressly agreed and acknowledged by the Lessee in connection with the rental (including the rental agreement, booking confirmation, the customer acknowledgement/statement signed at the rental station, any applicable price list/Cost table, and any agreed protection package or optional product/service terms), sets out the contractual arrangements between AUSTRAUTO and the Lessee regarding the rental.

Where any charges are disclosed at the rental station prior to vehicle handover, they shall apply only if they are included in, or expressly incorporated into, the rental agreement and/or the customer acknowledgement/statement and are accepted by the Lessee by signature or equivalent electronic acceptance.

Any amendments or additions to the contractual arrangements should be recorded in writing or another durable medium (including electronic acceptance, signature capture, or email) for clarity and evidentiary purposes. This clause does not affect any mandatory statutory rights of consumers or any agreements validly concluded under applicable law, including agreements made in another legally permitted form.

18.4.      Should any provision or clause of the rental agreement or of these General Terms and Conditions be or become invalid (nullity or ineffective), this shall not affect the validity of the remaining provisions of the agreement. In such case, the invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose, to the extent permitted by applicable law and without prejudice to mandatory consumer protection rules.