PREAMBLE

These General Terms and Conditions (T&Cs) apply to all rentals concluded between the lessor, who is registered in the commercial register of the regional court of Korneuburg at FN 485386d

AUSTRAUTO GmbH
(hereinafter: AUSTRAUTO)
Address: Building 134, multi-storey car park 4
Car Rental Center 0A2804
1300 Vienna Airport (Austria)
VAT: ATU73093038
Tel: +43 1 700 736 540
E-Mail: info@dryyve.at

and the respective renter. These T&Cs, therefore, form an integral part of the rental agreement and its Annex 1 (i.e. current price list) concluded between AUSTRAUTO on the one hand, and the renter on the other hand.

1. Renter/Driver

1.1. Vehicle renter

A valid rental agreement may be concluded with a legal person represented by the authorised representative, or with a natural person, provided that this individual is legally competent, has the means of payment accepted by AUSTRAUTO and provides the following valid documents or information:

1. Valid passport for non-EU/EFTA citizens or valid identity card for EU/EFTA citizens;
2. A valid driving license issued in EU/EFTA, an International driving license in conjunction with a valid national driving license, and
3. details of their current place of 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 renter and, if applicable, other registered drivers. The renter is obliged to provide the name and address of all other drivers unless authorised differently but always with the presence of the contractual party.
2. have a valid driving licence within the meaning of point 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 authorised drivers is a person who is between 19 and 25 years old at the time of the rental (so-called young driver), a young driver additional fee, according to Appendix 1 applies per rental day and young driver. Additional fees may apply depending on the driver’s age.

1.2.3.  The vehicle may only be driven by the renter. If, on the other hand, another person is to be the driver of the vehicle or, in addition to the renter, is to be entitled to drive the rented vehicle, this must be expressly agreed with AUSTRAUTO. In this case, an additional driver fee per day and per additional driver in accordance with Appendix 1 shall apply. If the additional driver is a young driver within the meaning of point 1.2.2., only the young driver additional fee per day shall apply. The driver, who is not also the renter, must meet the requirements set out in point 1.2.1.

1.2.4.  Persons who are not expressly listed as authorised drivers in the rental agreement may not drive the rented vehicle. Nor are any persons who are unable to present the documents referred to in point 1.1. at the time of rental. An unauthorised driver does not benefit from a (partial) liability reduction granted to the renter. If the renter allows an unauthorised driver to drive a vehicle, this constitutes a breach of contract which shall result in the renter being liable for any damage caused by the unauthorised driver. In this case, the renter and unauthorised driver are jointly liable.

2. Reservations/bookings, prepaid bookings

2.1.     If a renter books a vehicle (e.g. by telephone or Internet), this is only an offer to conclude a contract addressed to AUSTRAUTO. Bookings made in this way are not binding with AUSTRAUTO and therefore do not constitute conclusion of a contract.

2.2.     The contract between AUSTRAUTO and the renter only comes into effect upon the transmission by AUSTRAUTO of a booking confirmation, in which all essential data on the rental, the booked vehicle class as well as any packages and accessories also booked are summarised to the renter. Upon conclusion of the contract, the renter expressly and irrevocably authorises AUSTRAUTO to collect all costs in connection with the rental via the means of payment chosen by them.

2.3.     If the renter books the vehicle at a distance via an intermediary or an intermediary platform, the contract is concluded upon transmission of a booking confirmation by the intermediary to the renter. It should be noted that in the case of bookings made in this way, the renter cannot also book the (partial) liability reduction or other accessories. If desired, this must be booked in advance directly with AUSTRAUTO. If the accessories are not booked in advance, AUSTRAUTO cannot guarantee that the desired accessories will actually still be available when the vehicle is taken over. Any accessories not booked in advance and not available on the day the vehicle is taken over shall not entitle the renter to refuse to take over the vehicle.

2.4.     If the renter personally visits the premises of AUSTRAUTO, the contract is concluded with the signing of the rental agreement by both parties. Upon conclusion of the contract, the renter expressly and irrevocably authorises AUSTRAUTO to collect all costs in connection with the rental via the means of payment chosen by them.

2.5.     Reservations are only binding for vehicle categories, but not for specific vehicle types or brands. AUSTRAUTO is entitled to provide a vehicle of a higher vehicle category instead of a vehicle of the reserved vehicle category (but at the originally agreed rental price). In the event that no vehicle of the reserved vehicle class is available, the renter is entitled to refuse to accept the vehicle without stating reasons and without incurring any costs.

2.6.     Booked vehicles are kept ready for the renter at the agreed pick-up station. If the renter fails to pick the vehicle up at the agreed time (no-show), the booked vehicle will be kept ready for 1 (one) hour at the pick-up station on the day of the agreed pick-up (tolerance period). After the expiry of the tolerance period, AUSTRAUTO will cancel the reservation and charge the renter for a full rental. If the booking was made at the prepaid rate, the renter will be refunded any resulting difference in his favour.

2.7.     It is stated that the consumer is not entitled to a general right of withdrawal under the FAGG for rental contracts within the meaning of § 18 (1) (10) of the FAGG.

3. Modification and cancellation of the booking

3.1. Modification of the booking

3.1.1. 24 hours before the start of the rental period, the renter can change the booking free of charge, subject to availability, via the hotline +43 1 700 736 540 or by e-mail to info@dryyve.at. However, as a result of the tariff adjustments, it may be possible that new rental prices apply to the changed booking. A refund of any advance rental payment already paid/refund of any difference will also not be made in the event of a rebooking.

3.1.2.  The renter must contact AUSTRAUTO by telephone under the number +43 1 700 736 540 in order to change the content of the contract during the rental period, in particular during the agreed rental period or at the agreed place of return.

Changes to the booking conditions are only possible with the consent of AUSTRAUTO and may result in changes to the originally agreed rental payment. No fees will be charged to the renter for the administrative expenses associated with the booking change.

3.2. Cancellation

3.2.1. The renter can cancel the “unlimited mileage – refundable” booking free of charge, provided they inform AUSTRAUTO in written form at least 24 hours before the agreed start of the rental period, and they are entitled to a refund. The renter cannot cancel the “limited mileage – non-refundable” booking, and they are not entitled to any refund.

3.2.2.  If, on the other hand, the renter cancels the booking less than 24 hours before the start of the rental period, a full rental will be charged. If the booking was made at the prepaid rate, the renter will be refunded any resulting difference in his favour.

3.2.3.  Cancellations can be made by e-mail at info@dryyve.at.

4. Rental payment and deposit

4.1. Rental payment

4.1.1.  The rental payment is agreed in the rental agreement and is based on the price valid at the time of booking according to the price list or at the time of a later change of the booking, plus any packages, (partial) liability reductions and/or accessories. If the content of the contract is changed during the rental period, reference is made to point 3.1.2.

4.1.2.  The rental does not include fuel costs, service charges and delivery and collection costs. Special prices and discounts apply only in the event of timely and complete payment. In the event of culpably late payment, any discounts granted will be charged against the current price list.

4.2. Deposit

4.2.1. Cash payment is not allowed at all. Payment by credit card is free of charge. Accepted credit card types are listed in Annex 1. Payment by debit card incurs the costs set out in Annex 1.

4.2.2.  In addition to the rental payment, the renter is obliged to provide a deposit at the beginning of the rental period as security for the fulfilment of his obligations. The amount of the deposit to be paid in each case can be found in Annex 1.

4.2.3.  If the renter uses a credit card as a means of payment, the deposit amount is collected in the form of a prior approval/authorisation by his bank. The deposit amount is thus reserved on the credit card at the time of conclusion of the contract and debited only in the event of the necessary use of the same. A deposit in cash is not possible.

4.2.4.  AUSTRAUTO is entitled to cover existing and due outstanding claims from the rental agreement after its due date from this deposit. This applies in particular to claims of AUSTRAUTO against the renter for damages that fall within his area of responsibility.

4.2.5.  If the renter has duly returned the rented vehicle and has fulfilled all his payment obligations resulting from the rental agreement (this includes, in addition to the rental, any additional costs and fees as well as claims for damages that fall within the renter’s area of responsibility), the deposit will be released by AUSTRAUTO to the renter’s credit card institution after the final settlement of the rental agreement. AUSTRAUTO is not responsible for the duration of the processing by the bank or credit card institution

responsible for the renter’s account.

5. Payment terms, due date, default interest

5.1.     The rental payment plus other agreed fees, such as for
(partial) liability restrictions, accessories, airport fees, etc. and the value added tax in the applicable statutory amount, must be paid in advance and in full for the entire agreed rental period. No refunds will be made in the event of delayed vehicle collection or early return. The rental is due for payment at the beginning of the rental period, whereby for bookings at the prepaid rate, the due date shall be the end of the booking.

5.2.     Unless otherwise agreed, the rental payment, all other agreed fees and the deposit will be settled via the renter’s means of payment. The renter must ensure that such a settlement is possible (due to appropriate account coverage). If this is not the case, the renter shall be liable to AUSTRAUTO for all additional costs incurred as a result (in particular, chargeback fees, default interest, etc.). If it is not possible to settle the renter’s payment, AUSTRAUTO is entitled to terminate the tenancy with immediate effect.

5.3.     If further costs or fees are incurred during the rental period, these will be invoiced to the renter as part of the final invoice (see point 14), provided that they can already be calculated at this time.

5.4.     In the event of late payment caused by the renter – with regard to the rental or with regard to other (compensation) claims resulting from the rental – default interest of 12% per annum shall apply (if the renter is a consumer within the meaning of 4% per annum). For reminders, additional reminder fees are charged per reminder according to Annex 1 .

6. Takeover of the vehicle by the renter

6.1.     On the part of AUSTRAUTO, the vehicle of the booked vehicle category is kept ready for collection by the renter at the agreed pick-up station during opening hours.

Pickups outside of opening hours must be arranged with AUSTRAUTO. For agreed pickups between 20:00 and 08:00, there is an out-of-hours fee according to Appendix 1.

6.2.    Upon termination of the rental agreement, the renter is obliged to return the vehicle with the same fuel tank level as at the time of pick-up. If the vehicle is not returned with the same fuel tank level, the refuelling will be carried out by AUSTRAUTO’s employees and the renter will be charged for the fuel costs incurred and a service surcharge for the refuelling within the meaning of Annex 1.

The fuel tank level must be noted in the check-out form or on the rental agreement and the lessee must return the vehicle with the same fuel level as at the time of the handover (pick-up).

6.3.     The vehicle is subject to the return regulations applicable at each location. The vehicle is checked by the renter together with an AUSTRAUTO employee or an employee of a third party authorised by AUSTRAUTO. Any damage or missing fuel tank level must be noted on the check-out form, which must be signed by the renter and the AUSTRAUTO employee unless this is already included in the rental agreement. Damage not noted on the check-out form signed by both parties and found upon return of the vehicle shall be deemed to have been caused by the renter unless he proves otherwise (the burden of proof shall not be reversed if the renter has not paid the consumer in accordance per the Consumer Protection Act). This also applies to defects or damage to the accessories that have been booked.

7. Obligations of the renter, use of the vehicle

7.1. Obligations of the renter

7.1.1.  The renter is obliged to treat the vehicle with care. He must observe all relevant regulations for the use of such a vehicle (in particular the Motor Vehicle Act and the Road Traffic Regulations) and check regularly during the rental period whether the vehicle is still in an operational and safe condition. Before the start of the journey, the renter must inform himself about the correct operation of the vehicle and comply with the relevant regulations and recommendations (in particular regular testing of the adequate level of engine oil, coolant, tyre pressure and other equipment).

7.1.2.  For vehicles with an AdBlue®-Tank, the renter must ensure that the AdBlue®-Tank is always adequately filled. The renter and his vicarious agents are liable without limitation for violations of the above obligation committed during the rental period; the renter indemnifies AUSTRAUTO from all claims asserted by authorities or other third parties against AUSTRAUTO for failure to refuel the AdBlue®-Tank, in particular from administrative penalties. If the renter is a consumer within the meaning of the Consumer Protection Act, he is liable under this provision only in the event of alleged fault.

7.1.3.  The renter is obliged to return the vehicle, the vehicle keys and the accessories at the end of the rental period on the agreed day, at the agreed time and at the agreed place of return. The vehicle, keys and accessories must be returned in the condition in which AUSTRAUTO provided them upon rental, taking into account ordinary wear and tear. If the renter does not return the vehicle as stated above, AUSTRAUTO shall take precedence within the meaning of points 13.4. to 13.6. of these terms and conditions.

7.1.4.  The renter is liable for all fees, toll costs and (traffic) penalties incurred in connection with the use of the vehicle, for which AUSTRAUTO or the vehicle owner is held liable and insofar as these are the responsibility of the renter/driver. The relevant penalty and administration fees undersigned in the contract will be deducted from the deposit or the credit card of the renter.

7.1.5.  The renter/driver is obliged to ensure that the luggage or goods transported in the vehicle are secured in such a way that no damage to the vehicle is caused and this does not pose a risk to the passengers. The applicable legal regulations for securing loads in accordance with statutory provisions must be observed.

7.1.6.  The renter/driver may not drive the vehicle if his ability to drive is impaired, in particular by the influence of alcohol, medication, drugs, illness or fatigue.

7.1.7.  The renter/driver is liable for any damage caused by incorrect refuelling, in particular for the necessary costs of towing the vehicle and/or repairing the damage.

7.1.8.  Smoking is strictly prohibited in the vehicles. In the event of an infringement, AUSTRAUTO is entitled to claim special cleaning costs from the renter/driver in accordance with Annex 1.

7.2. Use of the vehicle

7.2.1.  The vehicle may only be used in public road traffic (including paved private roads and parking spaces), but not for driving school exercises. Furthermore, the vehicle may not be used:

1. for motorsports purposes, in particular driving events where it is important to achieve a maximum speed, or for the corresponding practice runs;
2. for vehicle testing or driving safety training;
3. for the carriage of passengers for hire or reward or for driving school purposes or as part of driving licence training;
4. for re-letting;
5. to pull or push other vehicles. Nor may the vehicle be used to tow a trailer unless the hired vehicle is fitted with a trailer coupling and the maximum authorised weight recorded in the vehicle documents is not exceeded;
6. for the commission of criminal offences, even if they are punishable only under the law of the place of the offence;
7. for the carriage of highly flammable, toxic or otherwise dangerous substances;
8. for journeys away from paved (asphalted, concrete, paved or similar (compacted) pavement) roads.
9. Smoking and carrying animals or goods in our vehicles is prohibited.
10. The renter is strictly prohibited from using the rental vehicle on any ferry or watercraft. Violating this condition may result in additional charges and potential termination of the rental agreement.

7.2.2.  In the event of a breach of the above-mentioned obligations (points 7.1.6. and 7.2.1.), AUSTRAUTO reserves the right to declare the premature termination of the rental agreement to demand the immediate return of the vehicle and, if necessary, to assert claims for damages. This applies in particular to damage to the vehicle caused by the renter, as a result of which further use of the vehicle is not possible. The renter is liable to AUSTRAUTO for all consequences arising from the culpable violation of the above-mentioned obligations by him or the driver. Any (partial) limitation of liability agreed upon shall be ineffective in the event of such violations.

8. Trips abroad
   
   

8.1.      The renter may leave the territory of the Republic of Austria with the vehicle, only upon paying a Cross border fee to cover the related costs. The renter is aware of a security GPS locator system installed in the rented vehicle, which monitors the vehicle’s position at any time. The GPS locator will send immediately a signal upon entering any country, and AUSTRAUTO will invoice immediately the relevant fee as stated in Annex 1.

8.2.      By paying the cross-border fee in accordance with Annex 1, the journey is permitted in the corresponding countries listed in Annex 1.

8.3.     In order to control theft of vehicles, all travel to countries which are not listed in point 8.2. is prohibited. If the vehicle is notified of unauthorized crossing in non-permitted countries, AUSTRAUTO will report immediately to the competent authorities that the vehicle is being stolen, consequently, the theft procedure will be started. The same applies in case of disconnection of the GPS Locator. If the removal is done by the Renter, and not for theft, a penalty according to Annex 1 will be invoiced and taken from the renter’s credit card.

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

9.1. Procedure in the event of breakdowns

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

9.1.2.  In case of doubt, the renter must call the phone number shown on the rental agreement provided by AUSTRAUTO for such cases.

9.1.3.  The renter is liable to AUSTRAUTO for all damages resulting from the culpable violation of the above obligations. He is also liable for all costs arising from self-inflicted breakdowns. In the event of such breaches of contract, any agreed (partial) limitation of liability shall not apply.

9.1.4. Replacement vehicles are not provided. If the rented vehicle becomes unusable during the rental period, only the paid but unused rental days will be refunded.

9.2. Procedure in the event of a traffic accident

9.2.1.  After an accident, theft, fire or wildlife damage, the renter must immediately notify the police. Even in the case of purely material damage, the nearest police department must be requested to record the accident report. If the police refuse to accept the accident, the renter must prove this to the AUSTRAUTO in a suitable form (e.g. written confirmation from the police or information (including day and time) as to which police department has been notified by telephone, but has refused to accept the damage).

9.2.2.  If no third party has been damaged by the accident or – in the case of pure property damage – a data exchange could take place with the damaged third party, the communication of the next police department can exceptionally be omitted if only minor paint damage (scratches, etc.) has occurred on the vehicle. In such a case, however, the renter is obliged to report this damage and all details of the incident to AUSTRAUTO, submitting an accident report. The accident report must be submitted to AUSTRAUTO no later than two days after the incident. It must contain the data of the parties involved (in particular name, date and place of birth and address), any witnesses and the registration plates of the vehicles involved.

9.2.3.  Without prior consultation with AUSTRAUTO, the renter may not make any acknowledgement of fault vis-à-vis third parties. Any damages caused by third-party vehicles will incur an administration fee and may result in the retention of the deposit until all claims are resolved. In case of any discrepancies, the differences will be deducted from the deposit or charged to the credit/debit card.

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

9.2.5.  Any intentional or grossly negligent violation of the obligations mentioned in the above points (these are obligations within the meaning of § 6 VersVG) leads to the exemption from payment of the insurance or the loss of any agreed
(partial) limitation of liability, insofar as this violation has had an influence on the determination of the insured event, the determination or scope of the insurance benefit and/or the determination or scope of the renter’s obligation to pay damages to AUSTRAUTO or has occurred with the intention of influencing these performance obligations or impairing the determination of these circumstances.

9.2.6.  The renter is liable to AUSTRAUTO for all damages
(in particular, necessary and – insofar as this is an out-of-court assertion – also in a reasonable proportion to the claim operated) resulting from information about the accident culpably incorrectly made by him.

9.3. Theft

9.3.1.  In the event of theft, the renter must report this immediately to the nearest police station and hand AUSTRAUTO a copy of the notification together with the vehicle keys and documents, if these have not been stolen.

9.3.2.  In the event of culpable omission of this obligation, the renter shall be liable for all resulting disadvantages and disadvantages incurred by AUSTRAUTO within the meaning of point 9.2.6. Point 9.2.5. shall apply mutatis mutandis in the event of theft.

10. Motor vehicle liability insurance

All rental vehicles are insured against liability in accordance with the statutory provisions. Damage to the rental vehicle itself is not covered by this liability insurance; nor are the occupants and objects carried by them insured by this insurance.

11. Liability of AUSTRAUTO

11.1.   AUSTRAUTO is liable in cases of its own intent or gross negligence as well as for personal injury. The claim for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical of the contract (this limitation of liability applies in the event that the renter is a consumer within the meaning of Consumer protection law, only in the case of damage caused by AUSTRAUTO or persons whose behaviour is attributable to AUSTRAUTO). Liability of AUSTRAUTO for lost profits is excluded (this limitation of liability applies in the event that the renter is a consumer within the meaning of the Consumer Protection Act, only in the case of damage caused by AUSTRAUTO or persons whose behaviour is attributable to AUSTRAUTO).

11.2    AUSTRAUTO is not liable for items that are brought into the vehicle by the renter and stolen, damaged or left behind when the vehicle is returned. This exclusion of liability does not apply in the event of intent or gross negligence on the part of AUSTRAUTO or persons whose conduct is attributable to AUSTRAUTO in accordance with the statutory provisions.

12. Liability of the renter, limitation of liability

12.1. Liability of the renter

12.1.1. Unless expressly agreed otherwise in individual cases, the renter is liable to AUSTRAUTO for all damage to the vehicle and its equipment or for the loss (theft, etc.) of the vehicle (and its equipment), insofar as these damages or the loss occurred between the takeover of the vehicle by him and the provision of the same. He must return the vehicle in the condition in which he has taken it over (subject to normal wear and tear for the duration of the rental and the mileage travelled).

12.1.2. Provided the renter is not a consumer within the meaning of the Consumer Protection Act, this liability is not tied to the fault of the renter in the damage that has occurred. However, the renter is not liable insofar as these damages were caused by AUSTRAUTO or by persons whose behaviour is attributable to AUSTRAUTO in accordance with the statutory provisions, or are due to manufacturing defects or natural wear and tear.

12.1.3. The renter is jointly liable for the actions of persons to whom he has given the vehicle – with or without the consent of AUSTRAUTO – as well as for his own actions, insofar as this action is related to the provision or use of the vehicle. The renter is therefore not liable in these cases, in particular for damages for which AUSTRAUTO is responsible. Any (partial) limitation of liability agreed within the meaning of the provisions below shall not be effective if the renter (or a person attributable to him) transfers the vehicle to a third party without declaring it in advance to AUSTRAUTO and damage to the vehicle occurs during this time (without the fault of AUSTRAUTO).

12.1.4. In any case, the renter is liable for violations of statutory provisions, in particular traffic and regulatory regulations, committed by himself or by persons for whom he is responsible within the meaning of the above provisions (for which AUSTRAUTO is not responsible) during the rental period. The renter shall indemnify and hold blameless AUSTRAUTO or the vehicle owner from and against all administrative penalties, fees and other costs (in particular any reasonable legal costs) incurred by AUSTRAUTO as the owner of the vehicle or by the vehicle owner as a result of such violations. AUSTRAUTO will pass on the data of the renter to the authorised authorities in the event of requests for information in this regard. As compensation for the administrative burden of AUSTRAUTO arising from the processing of inquiries sent to it by the authorities to investigate administrative offences and criminal offences committed during the rental period, AUSTRAUTO receives a processing fee for penalties according to Annex 1 from the renter for each inquiry by the authorities; AUSTRAUTO is free to claim further demonstrable damage.

12.1.5. The renter must observe all relevant regulations and the rights of third parties when driving or parking the vehicle. In particular, the vehicle may not be parked on the private property of third parties without the appropriate permission of authorised persons. If violations of this provision are alleged by a third party, AUSTRAUTO will inform this third party of the name and address of the renter upon request, so that the same can assert any claims in this regard directly against the renter. If AUSTRAUTO or the vehicle owner is nevertheless asserted by a third party due to acts or omissions of the renter (in particular by way of actions for disturbance of possession or injunctive relief), AUSTRAUTO or the vehicle owner will announce the dispute to the renter in these proceedings in order to give the renter the opportunity to defend against the claims of the third party. If it emerges from the proceedings that there was culpable conduct on the part of the renter or persons for whom he is responsible, he must indemnify and hold AUSTRAUTO or the vehicle owner harmless with regard to all damages and disadvantages arising therefrom (including the costs of the proceedings).

12.2.   (Partial) limitation of liability

12.2.1. By booking the packages offered by AUSTRAUTO and referred to in Annex 1, the renter may limit the liability for damage resulting from accidents and/or thefts to the extent provided for in the respective package by paying a special fee to the agreed deductible. In this case, he is only liable for damage resulting from traffic accidents and/or theft or wilful damage to the vehicle by third parties, beyond the agreed (partial)limitation of liability, if:

1. he or persons to whom he has left the vehicle have caused the damage by intent or gross negligence, in particular for damage caused by intent or gross negligence, which has occurred due to operating errors, misfuelling, slipping of cargo, braking manoeuvres caused by the renter, improper handling of snow chains or luggage carriers, improper loading, failure to close covers/windows in rain and wind, failure to observe the maximum clearance height and width of the vehicle (for entrances, bridges, tunnels, etc.) and inadequate vehicle security (unlocked vehicle or leaving the key unhidden), etc.;
2. the vehicle was driven with the knowledge and consent of the renter at the time of damage by a person (left to a person) who was not named in advance as a driver to AUSTRAUTO;
3. the driver of the vehicle did not have a valid driving licence at the time of the accident or the ability of the driver to drive was impaired by alcohol, drugs or for similar reasons;
4. the vehicle has been used at the time of damage contrary to the provisions of point 7.2.1 of these Conditions;
5. the renter or his passengers cause damage to or soiling of the interior of the vehicle (such as burn holes in the seats, etc.), insofar as these do not constitute direct consequences of the accident;
6. any of the obligations referred to in point 9 of these Conditions (Obligations) have been breached;
7. he or the driver to whom he has given the vehicle has committed an accidental escape, insofar as the legitimate interests of AUSTRAUTO in the determination of the damage were generally affected, unless the breach of duty was not intentional or grossly negligent;
8. the damage has not occurred during the agreed rental contract period (i.e. in particular in the event of a delay in the return of the vehicle);
9. the damage has arisen during an unauthorised trip abroad.

12.2.2. If the renter leaves valuables in the vehicle in such a way that they are visible from the outside, thefts or burglary attempts are in any case considered to be grossly negligent, so that any agreed (partial) limitation of liability does not take effect in this case.

12.2.3. If no (partial) limitation of liability applies, the renter must compensate AUSTRAUTO for all damages. In addition, AUSTRAUTO is entitled to charge the renter a damage processing fee in accordance with Annex 1 for each claim in addition to the damage incurred.

13. Return of the vehicle

13.1.   The renter is obliged to return the vehicle and the vehicle keys as well as the rented accessories to AUSTRAUTO at the end of the rental period on the agreed day, at the agreed time and at the agreed return location. If the agreed place of return is abroad, the renter will be charged a one-way fee in accordance with Annex 1. The vehicle, keys and accessories must be returned in the condition in which they were made available to the renter at the beginning of the rental period, taking into account ordinary wear and tear. If the rental agreement has been amended within the meaning of point 3.1.2. during the rental period, the renter is entitled to use the vehicle until the end of the rental period according to the amended rental agreement. The rental agreement only ends when the vehicle has been returned to the agreed location and the vehicle keys and other accessories have been handed over to an AUSTRAUTO employee.

13.2.   The vehicle must be cleared and cleaned of the renter’s own property or that of persons attributable to him.

13.3. I agree to return the vehicle in a clean condition and accept a cleaning fee if it is not returned clean, both inside and out. I expressly authorise charges to my credit/debit card for this fee, even if the card is not present and after the rental period has ended.

13.4.   In the event of the return of the vehicle at an earlier date than agreed in the rental agreement, there is no entitlement to reimbursement of part of the rental costs.

13.5.   When returning the vehicle during opening hours, the vehicle, as well as the rented accessories, are examined for any new damage by an AUSTRAUTO employee. AUSTRAUTO and the renter are obliged to draw up and sign a return report by filling out a check-in form. Any new damage will be documented photographically by the employee of AUSTRAUTO. At the request of the renter, a copy of the completed check-in form will be handed over to him.

If new damage is found and the renter confirms this by signing the return protocol or the check-in form, he must pay for the damage incurred. If possible, the amount of the damage incurred will be shown in the final invoice.

If the renter refuses to sign the return protocol despite new damage being discovered, the procedure is set out in point 13.7. will be followed.

13.6.   If, for reasons for which the renter is responsible, the vehicle cannot be inspected jointly with the AUSTRAUTO employee, the vehicle will be inspected by the AUSTRAUTO employee in the absence of the renter. Non-performance of a joint vehicle inspection is noted on the rental contract or on the check-in form. Should the AUSTRAUTO employee detect new damage, AUSTRAUTO shall take precedence within the meaning of point 13.7.

13.7.   AUSTRAUTO also offers its renters the option of returning the vehicle outside regular opening hours. If the vehicle inspection process, valid on the check-in location, cannot be carried out together with an employee of AUSTRAUTO or an employee of the third party authorised by AUSTRAUTO, the renter is obliged to indicate all new damage (to the vehicle or the accessories rented with it) on the accident report contained in the vehicle documents. The accident report must then be handed over to the authorised employee or placed together with the vehicle keys into the key return box specially provided for this purpose.

In this case, the vehicle remains in the parking lot until the AUSTRAUTO station opens again, which immediately carries out the inspection of the vehicle and finalises the rental contract. As part of the subsequent vehicle inspection, an AUSTRAUTO employee creates the return report or the check-in form. If any damage is found in the area of responsibility of the renter, the renter will be informed immediately, and the relevant damage costs undersigned in the contract will be deducted from the deposit or the credit card of the renter.

The renter is responsible for all damages that will be found after the return of the vehicle until the check-in procedure has been completed. The check-in procedure ends with the signing of the return report by both parties. If the return happens outside of opening hours, the renter will be responsible up until the return report is processed. If, during opening hours, the renter refuses to sign the return report, he will be responsible in full for any damages that are found on the vehicle.

13.8.   In the event when the vehicle is not returned at the agreed time (late return), and the renter also does not announce the late return, AUSTRAUTO reserves the right to notify the competent authority.

13.9.   In the event of a late return, the following shall apply under one of the following conditions:

In the event of a delay of up to 60 minutes, AUSTRAUTO will not charge the renter any additional costs or fees.

If the delay is more than one hour, AUSTRAUTO will charge the renter an additional 1 (one) day rental fee, according to the applicable rate of the date of return, multiplied by the number of days of delays.

13.10.   In the event of a delayed return of the vehicle for which the renter is responsible, any agreed
(partial) limitation of liability no longer applies since the fee paid by the renter for the limitation of liability only covers the period up to the agreed provision.

14. Final settlement

14.1.   AUSTRAUTO prepares the final invoice of the rental agreement at the earliest when the vehicle is returned. If additional costs or fees have been incurred, the renter will also be charged these amounts and debited from his chosen payment method during the booking. In the final settlement, the advance payment made at the time of booking is taken into account and deducted from any higher total amount.

14.2.   If damage has occurred to the vehicle or the rented accessories, the calculation of which cannot be made immediately after the vehicle has been returned, AUSTRAUTO will issue the final invoice as soon as possible. The renter acknowledges that, in this case, the final invoice may be delayed accordingly until the amount of the damage has been collected.

14.3. If the car is returned with new damage incurred during the rental period, the Customer agrees that the provided credit/debit card may be charged for the cost of repairs and the administration fee outlined in the General Fees. These amounts are based on the manufacturer’s price list, including labor and vehicle downtime.

14.4.   Further damages and costs that AUSTRAUTO becomes aware of after the final invoice has been made (e.g. traffic penalties) and for which the renter is responsible will be communicated to the renter after they become known. In this case, the renter undertakes to reimburse AUSTRAUTO for the notified damages and costs plus a processing fee in accordance with Annex 1 within 14 days.

15. Data protection clause

15.1.   AUSTRAUTO processes personal data collected directly from renters, including the data of each registered driver, in the course of initiating and processing contracts. This is for the purpose of processing the tenancies and the payment claim, checking the identity, for fraud monitoring and for further questions before, during and after termination of the contractual relationship. Further information on the processing of data is available https://dryyve.at

15.2.   The name, address and rental data of the renter will be transmitted by AUSTRAUTO to the respective authority in the event of justified official inquiries, and to this third party in the event of an alleged violation of the rights of third parties (e.g. in the event of a disturbance of possession).

16. Applicable law and jurisdiction, Other

16.1.   This contract is subject to Austrian law to the exclusion of its international referral standards. This does not affect the obligation of the renter to comply with the applicable local law when travelling abroad.

16.2.   The sole place of jurisdiction is the competent court for Vienna, Inner City. If the renter is a consumer within the meaning of § 14 of the Consumer Protection Act, the place of jurisdiction is the court responsible for the renter’s place of residence. The renter may bring actions against AUSTRAUTO but also in the aforementioned court.

16.3.   Offsetting against claims of AUSTRAUTO is only permitted with undisputed

claims recognised by AUSTRAUTO or legally established.

16.4.   Where personal expressions are used in these Terms and Conditions, they shall apply equally to men and women.

16.5.   Verbal collateral agreements do not exist or expire with the signing of the contract. Changes, including to this provision, must be made in writing.

16.6.   Should any provision of the rental agreement or these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.