The hire vehicle or rental vehicle contract lasts from the time of vehicle handover until the contractually agreed time of vehicle return.
The lessor or lender (ABAG-Rent) shall hand over the vehicle with a full tank of petrol, clean, checked, free of defects and with the required documents. With the handover of the the vehicle by the garage or its representative, the payment of the agreed deposit by the renter by the renter or borrower (hereinafter referred to as the customer) is due immediately. Complaints the vehicle or its accessories on the part of the customer must be reported to ABAG-Rent immediately upon takeover.
The vehicle and its accessories must be returned to the return station specified in the contract at the time specified in the contract, with a full tank of petrol and in a clean condition. In the event of delay, the customer must compensate for any damage incurred as a result and is also liable for accidental damage in addition to the general liability rules. If the customer does not return the vehicle with a full tank, he must pay the costs for the fuel and refuelling service. If the vehicle is returned uncleaned, the necessary work will be carried out at the customer's expense. Any defects and damage must be reported to ABAG-Rent when the vehicle is returned. The vehicle can only be returned within the regular opening hours of the garage and directly to ABAG-Rent or its representative. The mere parking of the vehicle at ABAG-Rent's premises or the mere parking of the vehicle outside of opening hours by leaving the keys with ABAG-Rent shall not constitute a return and shall not release the customer.
An extension of the contract term is only possible with the written consent of ABAG-Rent before 1 day before the end of the current contract term. If payment of the requested extension is not made within one day. ABAG-Rent reserves the right to charge a reminder fee of CHF 50.00 in addition to the total amount. If payment is not made within the third day including the CHF 50. A further reminder fee of CHF 50 will be charged. In the event of a further delay in the total payment, ABAG-Rent shall be authorised to confiscate the vehicle immediately and to charge the expenses associated with this measure as follows:
Lump sum of 600.
Expenses incurred in connection with the collection or securing of the vehicle - including the use of specialised external service providers
ABAG-Rent may refuse the extension without giving reasons. If an extension of the contract period is agreed, all conditions of the original contract shall continue to apply, unless otherwise agreed in writing.
Early return within the scope of the rental agreement does not entitle the tenant to any reductions or refunds.
The hire charge is calculated per hire day. In the absence of any other agreement in the contract, one rental day corresponds to 24 hours. In the event of late return of more than 30 minutes, an additional rental day will be charged for each 24 hours or part thereof.
If the return of the rented vehicle is delayed by more than 30 minutes per 24 hours or part thereof, the borrower shall owe the lender the daily rental rate per day of delay in addition to any damages incurred as a result of the delay.
Defects that the customer does not have to rectify himself must be reported to ABAG-Rent immediately and follow its instructions regarding the rectification of defects. For expenses in connection with defects must be authorised in advance by ABAG-Rent. Expenses incurred in the context of a cost approval shall be reimbursed to the customer upon return of the vehicle upon presentation of the corresponding receipts.
In the event of incidents such as accidents, theft (burglary/theft/embezzlement, etc.), loss, fire, damage caused by wild animals or other damage, the customer must inform the police immediately and have a police report drawn up. This also applies to accidents caused by the customer without the involvement of third parties. Opposing claims may not be recognised. In any case, ABAG-Rent must always be informed immediately. The customer must immediately prepare a detailed written report, including a sketch, for all the events mentioned, even in the case of minor damage. In the event of an accident, the report must include in particular the names and addresses of the persons involved and any witnesses as well as the licence plate numbers of the vehicles involved. In the event of theft, the remaining vehicle keys, a report on the circumstances of the theft and the police report must be submitted to ABAG-Rent within 24 hours.
The customer is prohibited from using the vehicle:
To participate in motorsport events, vehicle tests and for driving instruction.
For the transport of goods or persons for a fee.
To tow, haul or otherwise move another vehicle, provided that the rented vehicle is not a vehicle intended for this purpose.
In an overloaded condition, i.e. with a number of persons or a payload that exceeds the values specified in the specified in the vehicle licence.
For the transport of flammable, explosive, toxic or otherwise dangerous substances, no narcotics of any kind.
To commit customs offences and other criminal offences, even if these are only punishable under the law of the place where the offence was committed.
Trips abroad must be clarified with ABAG-Rent.
The customer shall be liable for all damages incurred by ABAG-Rent as a result of unlawful or careless behaviour of the customer or its auxiliary persons, regardless of whether the customer is at fault.
Furthermore, the customer shall be liable for all defects or damage to the vehicle for which he is responsible. This includes, but is not limited to, damage caused by: refuelling with the wrong fuel, failure to observe the maximum heights for garage entrances, subways, etc.; improper use of the vehicle. improper use of snow chains, ski racks, careless loading of ski racks, careless handling of the vehicle interior (in particular cigarette holes, tears and stains on upholstery and carpets), off-road driving and generally careless handling (in particular damage to the underbody such as steering, gearbox, suspension, suspension damage and damage to axle parts, sills, oil pan, exhaust system, shielding plates and covers), incorrect manipulation of the vehicle (mechanical damage to the clutch, gearbox, suspension, etc., which is not covered by the garage's warranty), incorrect handling of convertible tops (in particular failure to close the top in rain, wind, etc.).
The scope of liability includes the repair costs or, in the event of a total loss, the value of the vehicle as well as further damage, such as towing costs, costs of an expert opinion, depreciation of the rental property, lost rental income, legal fees, administration fees.
If fines or penalties are incurred in connection with the use of the vehicle for which ABAG-Rent is held liable, the customer shall pay the corresponding amount plus administration fees to ABAG-Rent. The corresponding amount plus the garage's administration fees. In the case of fines, the administration costs shall amount to CHF 50, with the exception of fines and penalties incurred due to the fault of the garage. In the event of offences against the Road Traffic Act in Switzerland and abroad, the customer authorises the garage to disclose the contract data to all official agencies (police, lawyers, road traffic authorities, etc.) in Switzerland and abroad.
If cover is agreed in accordance with the principles of fully comprehensive cover, the scope of the customer's liability shall be reduced to the excess agreed in the contract. This exemption from liability shall not apply to the damage listed under clause 11b, provided that there is no cover for the damage incurred by ABAG-Rent in the specific case. The exemption from liability also does not apply to damage caused by use by an unauthorised driver or for a prohibited purpose, in the event of a hit-and-run accident by the customer and in the event of damage caused intentionally or through gross negligence in accordance with the SVG, in particular due to fatigue, alcohol or drug-induced driving incapacity and in the event of damage caused by the load.
Any exemption of the customer from liability by ABAG-Rent is otherwise only valid if it is made in writing.
ABAG-Rent shall not be liable to the customer or third parties for any accidental damage that occurs during the term of the contract. The garage shall also not be liable for damage that the customer may suffer as a result of any defect in the vehicle that prevents which prevents onward travel, causes loss of time or other consequential damage.
Invoices must be paid within 30 days.
ABAG Rent is entitled to charge a reminder fee of CHF 15 in the event of late payment. In the event of a second delay in payment, the customer will be reminded again and charged a reminder fee of CHF 30. In the event of a third default in payment, the customer will be pursued without further notice.
The Swiss Code of Obligations shall apply in addition to these provisions.
In the absence of any mandatory legal provisions to the contrary, the parties agree that the ordinary courts at the registered office or domicile of ABAG-Rent shall have jurisdiction. The garage shall be free to bring an action before the ordinary courts at the customer's domicile or place of residence instead.