General terms and conditions

PREAMBLE

These General Terms and Conditions (T&Cs) apply to all leases 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@usaveaustria.at

and the respective lessee. These T&Cs are therefore an integral part of the rental agreement concluded between AUSTRAUTO on the one hand and the lessee on the other.

1. Lessee/Driver

1.1. Vehicle lessee

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 or identity card;
2. A driving licence valid in Austria in Latin script or a European or International driving licence in conjunction with a valid national driving licence; 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 lessee and, if applicable, other registered drivers. The lessee 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 theminimum age required.

1.2.2.  Drivers of all categories of vehicles must be at least 18 years of age. If the driver or one of the authorised drivers is a person who is between 18 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 per young driver.

1.2.3.  The vehicle may only be driven by the lessee. If, on the other hand, another person is to be the driver of the vehicle or, in addition to the lessee, 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 lessee, 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 lessee. If the lessee allows an unauthorised driver to drive a vehicle, this constitutes a breach of contract which shall result in the lessee being liable for any damage caused by the unauthorised driver. In this case, the lessee and unauthorised driver are jointly liable.

2. Reservations/bookings, prepaid bookings

2.1.     If a lessee 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 lessee 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 lessee. Upon conclusion of the contract, the lessee 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 lessee 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 lessee. It should be noted that in the case of bookings made in this way, the lessee 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 lessee to refuse to take over the vehicle.

2.4.     If the lessee 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 lessee 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 lessee 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 lessee at the agreed pick-up station. If the lessee fails to pick up the vehicle at the agreed time (no-show), the booked vehicle will be kept ready until the closing time of 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 lessee for a full rental day plus a no-show fee  in accordance with Annex 1. If the booking was made at the prepaid rate, the lessee 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.  Before the start of the rental period, the lessee can change the booking free of charge, subject to availability, via the hotline +43 1 700 736 540 or by e-mail to info@usaveaustria.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 lessee 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 lessee for the administrative expenses associated with the booking change.

3.2. Cancellation

3.2.1.  The lessee can cancel the booking free of charge, provided he informs AUSTRAUTO at least 24 hours before the agreed start of the rental period.

3.2.2.  If, on the other hand, the lessee cancels the booking less than 24 hours before the start of the rental period, a full rental day plus alate  cancellation fee will be charged in accordance with Appendix 1. If the booking was made at the prepaid rate, the lessee will be refunded any resulting difference in his favour.

3.2.3.  Cancellations can be made by e-mail at info@usaveaustria.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.  In addition to the rental payment, the lessee 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.

4.2.2.  If the lessee 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.

4.2.3.  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 lessee for damages that fall within his area of responsibility.

4.2.4.  If the lessee 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 lessee’s area of responsibility), the deposit will be released by AUSTRAUTO to the lessee’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 lessee’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 lessee’s means of payment. The lessee must ensure that such a settlement is possible (due to appropriate account coverage). If this is not the case, the lessee 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 lessee’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 lessee 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 lessee – 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 lessee 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 lessee

6.1.     On the part of AUSTRAUTO, the vehicle of the booked vehicle category is kept ready for collection by the lessee 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.     The vehicle is handed over to the lessee with a full fuel tank. In return, the lessee must also return the vehicle with a full fuel tank upon termination of the lease. If the vehicle is not returned fully refuelled, the refuelling will be carried out by AUSTRAUTO’s own employees and the lessee will be charged for the fuel costs actually incurred and a service surcharge for the refuelling within the meaning of Annex 1.

If the vehicle is not fully refuelled at the time of handover, 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 handover.

6.3.     When the vehicle is taken over, the vehicle is inspected by the lessee together with an employee of AUSTRAUTO. Any damage or non-full fuel tank must be noted in the check-out form, which must be signed by the lessee and the employee of AUSTRAUTO, unless these are already noted on the rental agreement. Damage not noted in the check-out form signed by both parties and found on returning the vehicle shall be deemed to have been caused by the lessee, unless he proves otherwise (this reversal of the burden of proof shall not apply if the lessee has not paid the consumer within the meaning of Consumer Protection Act). This also applies to defects or damage to the accessories booked.

7. Obligations of the lessee, use of the vehicle

7.1. Obligations of the lessee

7.1.1.  The lessee 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 lessee must inform himself about the correct operation of the vehicle by means of the operating manual in 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 lessee must ensure that the AdBlue®-Tank is always adequately filled. The lessee and his vicarious agents are liable without limitation for violations of the above obligation committed during the rental period; the lessee 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 lessee 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 lessee 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 lessee 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 lessee 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 lessee/driver. The relevant penalty and administration fees undersigned in the contract will be deducted from the deposit or the credit card of the lessee.

7.1.5.  The lessee/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 lessee/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 lessee/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 lessee/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 motor sports 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.

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 and 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 lessee, as a result of which further use of the vehicle is not possible. The lessee 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 lessee 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 lessee 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.      With the payment of the Cross border fee in accordance with Annex 1, the journey is permitted in all countries of the European Union, as well as Switzerland, the Principality of Liechtenstein, San Marino, and Monaco.
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 will be notified of unauthorized crossing in non-permitted countries, AUSTRAUTO will report immediately to the competent authorities that the vehicle is in process to be 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 Lessee, and not for theft, a penalty double the cross border fee will be invoiced and taken from the deposit.

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 lessee 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 lessee must stop the vehicle immediately and abort the journey.

9.1.2.  In case of doubt, the lessee must contact the technical team of the respective vehicle manufacturer and AUSTRAUTO. The contact details can be found in the vehicle documents located in the glove compartment.

9.1.3.  The lessee 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.

9.2. Procedure in the event of a traffic accident

9.2.1.  After an accident, theft, fire or wildlife damage, the lessee 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 lessee must prove this to the lessor 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 lessee 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 lessee may not make any acknowledgement of fault vis-à-vis third parties.

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 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 lessee’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 lessee 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 lessee 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 lessee 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 lessee 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 lessee 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 lessee 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 lessee, limitation of liability

12.1. Liability of the lessee

12.1.1. Unless expressly agreed otherwise in individual cases, the lessee 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 lessee is not a consumer within the meaning of the Consumer Protection Act, this liability is not tied to the fault of the lessee in the damage that has occurred. However, the lessee 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 lessee 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 lessee 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 lessee (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 lessee 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 lessee 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 lessee 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 lessee for each inquiry by the authorities; AUSTRAUTO is free to claim further demonstrable damage.

12.1.5. The lessee 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 lessee upon request, so that the same can assert any claims in this regard directly against the lessee. If AUSTRAUTO or the vehicle owner is nevertheless asserted by a third party due to acts or omissions of the lessee (in particular by way of actions for disturbance of possession or injunctive relief), AUSTRAUTO or the vehicle owner will announce the dispute to the lessee in these proceedings in order to give the lessee 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 lessee 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 lessee 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 lessee, 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 lessee 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 lessee 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 lessee 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 lessee must compensate AUSTRAUTO for all damages. In addition, AUSTRAUTO is entitled to charge the lessee 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 lessee 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 lessee 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 lessee 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 lessee 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 lessee’s own property or that of persons attributable to him.

13.3.   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.

13.4.   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 lessee 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 lessee, a copy of the completed check-in form will be handed over to him.

If new damage is found, and the lessee 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 lessee refuses to sign the return protocol despite new damage being discovered, the procedure set out in point 13.6 will be followed.

13.5.   If, for reasons for which the lessee 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 lessee. 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 13.6.

13.6.   AUSTRAUTO also offers its lessees the option of returning the vehicle outside regular opening hours. Since in this case the inspection of the vehicle cannot be carried out together with an AUSTRAUTO employee, the lessee is obliged to indicate all new damage (to the vehicle or to the accessories rented with it) on the accident report contained in the vehicle documents. The accident report must then be inserted 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 lessee, the lessee 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 lessee.

The lessee 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 signing of the return report by both parties. If the return will happen out of opening hours, the lessee will be responsible up until the return report is being processed. If during opening hours, the lessee refuses to sign the return report, he will be responsible in full for any damages that are found on the vehicle.

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

13.8.   In the event of 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 lessee any additional costs or fees.

If the delay is more than one, but not more than two hours, AUSTRAUTO will charge the lessee a late return fee in accordance with Appendix 1, plus an administrative processing fee.

If the lessee is more than two hours late in returning the vehicle, AUSTRAUTO will charge him a daily late fee in accordance with Annex 1 for this and for each additional day of delay commenced (which depends on the contractually agreed time of return) – plus an administrative processing fee. AUSTRAUTO reserves the right to claim further damages.

13.9.   In the event of a delayed return of the vehicle for which the lessee is responsible, any agreed
(partial) limitation of liability no longer applies, since the fee paid by the lessee 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 lessee 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 lessee acknowledges that in this case the final invoice may be delayed accordingly until the amount of the damage has been collected.

14.3.   Further damages and costs that AUSTRAUTO becomes aware of after the final invoice has been made (e.g. traffic penalties) and for which the lessee is responsible, will be communicated to the lessee after they become known. In this case, the lessee 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 lessees, 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://usaveaustria.at

15.2.   The name, address and rental data of the lessee 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 lessee 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 lessee is a consumer within the meaning of § 14 of the Consumer Protection Act, the place of jurisdiction is the court responsible for the lessee’s place of residence. The lessee 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.