Note: Convenience translation
A. Content of These General Terms and Conditions
These General Terms and Conditions (GTC) of Cluno GmbH, Rosenheimer Str. 143C, 81673 Munich (“Cluno“, hereinafter also “us” and “we“) form the legal basis of your booking of a mobility package via the website (“website“) or mobile applications (“app“) provided by Cluno.
B. Your Booking With Cluno
1. Object of Your Booking
Within the framework of the mobility solution offered, Cluno provides you with the vehicle you have booked for a flat monthly fee. In addition, this flat monthly fee also includes the assumption of the costs by Cluno for the registration of the chosen vehicle by us, payment of the annual premium for the liability insurance, motor vehicle tax, radio license fees, maintenance and wear and tear repairs as well as inspections according to the following conditions (“mobility package“).
2. Who can book
You can book a Mobility Package with us as a private or corporate customer with residence or company headquarters within the Federal Republic of Germany.
3. Your Booking Request
The mobility packages presented by Cluno on the website and within the App do not represent a binding offer. You submit a binding offer pursuant to Section 145 of the BGB (German Civil Code) within the scope of the booking by confirming the button for the binding, chargeable booking of your desired mobility package or by sending the signed booking form provided from Cluno via e-mail (“booking request“).
4. Conclusion of Contract
After sending your booking request, we will send you a confirmation of receipt of your booking request, which does not constitute an acceptance of your booking request. Subsequently, we carry out an internal credit assessment based on your submitted proof of income and request the credit score stored for you from credit agencies (“credit check“). After a successful credit check, we will send you a binding acceptance of your booking request (“booking confirmation“) via e-mail. Only then will a contract for the booked Mobility Package be concluded (“booking agreement“). We are entitled to refuse to conclude a booking agreement within the scope of our own freedom of choice.
If we send you a booking confirmation, although your booking request was accompanied by terms that differ from these GTC, only our terms and conditions apply, even if we do not expressly contradict your differing terms and conditions. Deviations from these GTC are only valid if we have explicitly accepted them in writing.
5. Identity Check and Requirements
We provide you with the mobility package and vehicle under the following conditions:
- Successful identity check by a legitimation procedure determined by Cluno, and
- a successful driving test to verify the required driver’s license, and
- if required for reasons of creditworthiness: payment of a security deposit.
6. Exclusion of the Right of Withdrawal
There is no right of revocation for booking agreements that are exclusively concluded using means of remote communication (e.g., the Cluno App, website, e-mail, fax or telephone) or outside of business premises, according to Section 312 g, para. 2, No. 9 of the BGB (German Civil Code).
C. Who is Allowed to Drive and What are the Duties For Me and the Drivers?
1. Our Ground Rule
At Cluno, there are the following three groups of people who are authorized to drive the provided vehicle:
- You, as our contractual partner of the booking agreement (“contractual partner“),
- authorized drivers known to Cluno that you have named, and
- any authorized third parties unknown to Cluno.
Please note the following regulations concerning the named groups of persons and the corresponding requirements.
2. Authorized Drivers
The vehicle provided may be driven by you as the contractual partner as well as the persons included in the booking agreement if applicable (“authorized drivers“). Cluno may charge an additional fee for authorized drivers within the scope of the booking.
3. Authorized Third Parties
You and the authorized drivers may leave the vehicle for individual journeys to their respective first-degree relatives (e.g. parents, children), the spouse or unmarried partner, if they have the same residence (address subject to registration) as you or the authorized driver (“authorized third parties“). Cluno may charge an additional fee for authorized third parties in the course of the booking.
Important: Persons other than yourself, the authorized drivers and authorized third parties may only be given the vehicle with our prior, explicit and written consent. For this, Cluno may charge an additional fee.
4. Personal Requirement
You as contractual partner, authorized drivers and authorized third parties may only drive the vehicle if the following conditions are met:
- You meet the minimum age specified in the booking agreement and are not older than 75 years, and
- you are in possession of a valid driver’s license in the Federal Republic of Germany for the booked vehicle and fulfill all conditions and requirements which may be contained therein.
5. Your Responsibility for Authorized Drivers and Third Parties
You must check the following with the authorized drivers or authorized third parties before starting the journey and may not leave the vehicle if one of the following conditions is not fulfilled. You may only hand over the vehicle to them if the authorized driver or third party
- is informed about the obligations arising from these GTC, and
- is fit to drive, and
- is in possession of a driver’s license valid in the Federal Republic of Germany for the vehicle to be provided and this is proven by showing you the driver’s license, and
- complies with our age restrictions.
6. General Duties That You Are Responsible For
You are obliged to immediately inform us when you or an authorized driver have
- driver permission withdrawn, or
- are banned from driving, or
- have your driver’s license seized, or
and must strictly refrain from driving the vehicle or handing it over to an affected authorized driver.
You must inform us immediately about the following points and provide us with information anytime upon request:
- change of your data (name, company name, address, bank details),
- modification of the data of authorized drivers,
- a substantial deterioration of your income situation, endangering of your solvency,
- the identity, including contact details, of the authorized third parties who drive or have driven the vehicle.
7. Data Protection
D. What is Included in the Booking?
1. Vehicle Selection and Equipment
When you make your booking request, you have the option of selecting a vehicle model with the configuration we have specified as part of your mobility package. Specific equipment can be provided for a monthly surcharge and will be shown to you upon availability (e.g., color of choice, trailer hitch).
2. Authorization and Vehicle Registration
In return for the agreed upon flat monthly fee in the booking agreement, Cluno will procure the booked vehicle as a new or young used car, depending on availability, and register it at our expense. You will receive the registration certificate part I before the vehicle is handed over or when you take possession of the vehicle at the very latest.
3. Costs That Cluno Assumes
In accordance with the provisions of these GTC, in return for the monthly flat fee we are to provide the following services, and any costs arising from these are borne by Cluno:
- Costs for maintenance and wear and tear repairs and inspections in accordance with the service and inspection specifications of the manufacturer,
- costs of the general inspection,
- costs for tire change and year-round use of winter-suitable all-season tires (we choose the size, tire make and material as well as rims),
- motor vehicle tax,
- broadcasting fees, and
- costs of annual liability insurance.
4. Costs You Assume
Costs borne by you not included in the monthly package:
- Operating fluids of all kinds (e.g., fuel and charging current, AdBlue, windscreen washer fluid, engine oil),
- costs for user fees (especially tolls),
- fines and penalties for traffic violations, and
- the costs for the ongoing vehicle cleaning and maintenance.
5. Costs for Additional Kilometers
If you drive more kilometers within the booking period than agreed to, exceeding the quota of free kilometers, you will be charged an additional fee. If no agreement on the additional charge has been made, a fee of 0.20 EUR incl. VAT per additional km will be charged. You are entitled to drive up to 500 km per month additionally.
Relevant Mileage: The mileage of the vehicle at the time of pickup and return is decisive for calculating the kilometers you have driven within the contract period.
Important: If you decide to have the vehicle delivered instead of picked up, the mileage at the pickup location of the booked vehicle is decisive for the mileage calculation. The mileage resulting from the delivery is therefore charged to your mileage account. The same applies also if you decide to have us pick up the booked vehicle when you return it. In this case, the mileage resulting from the pickup is also charged to your mileage quota.
6. Loss of Vehicle Accessories and Documents
If, during the current booking agreement, vehicle accessories or documents are lost or damaged, you are obliged to inform us immediately.
Reimbursement of Costs: We will provide you with a replacement and, if necessary, make an appointment for you at a partner garage in your area. If you are responsible for the loss of vehicle accessories or documents, we will charge you the actual costs incurred plus a lump sum for expenses (incl. VAT) according to the cost breakdown of these GTC (see L. Overview of Costs), unless you can prove that we did not incur any damage, or there was much less damage.
Lump-sum Reimbursement of Costs: We reserve the right to charge a lump sum for selected vehicle accessories or documents in accordance with the cost breakdown of these GTCs (see L. Overview of Costs) for replacement (then VAT-exempt), unless you can prove that we incurred no or only significantly less damage.
7. Scope of Insurance and Deductible
A motor vehicle liability insurance policy exists for each booked Mobility Package. There is an insured sum of EUR 100 million for personal injury, property damage and financial losses, and a maximum insured sum of EUR 15 million per injured person for personal injury.
Important: For each claim you are obliged to pay the specified deductible, and in each case of damage you must follow the procedure described in our GTC (see section G. “Damage – What Should be Done and Observed?“).
Self-Coverage: We reserve the right to invoice the deductible and to settle damages incurred without insurance regulation in the event of damages not falling within motor vehicle liability insurance. Your payment obligation is, in any event, limited to the deductible per damage event and will not exceed the amount of damage.
The General Terms and Conditions for Car Insurance (“AKB“) of the respective insurer apply, which we will gladly provide you with.
8. When the Insurance Does Not or Only Partially Apply
There is no insurance cover for damages that you, the authorized driver or authorized third parties intentionally cause (“insurance loss“).
In the event of gross negligence, the insurance benefit may be reduced depending on the severity of the infraction (“benefit reduction“). If you can prove that you did not violate the obligation due to gross negligence or were not responsible for it, the insurance cover remains fully valid.
9. Exchange of Your Vehicle
We are entitled to exchange the vehicle provided for a vehicle of the same model with a comparable configuration, subject to a 14-day advance notice period, while retaining the remaining contractual obligations.
We will deliver the exchange vehicle to a location agreed between us at an agreed delivery time and take the previous vehicle with us. For the handover of the exchange vehicle and the return of the previous vehicle, our GTC apply.
You incur no costs for the vehicle exchange.
E. Delivery and Return of the Vehicle
1. Handover of Your Vehicle / Delivery
We will inform you about the availability of the booked vehicle and arrange a delivery date and place with you.
Unless otherwise agreed to in the booking agreement, you will pick up the vehicle at your own expense on the agreed handover date at the specified handover location within the Federal Republic of Germany.
You have the possibility to have the vehicle delivered by Cluno for an additional delivery fee by informing us in advance.
2. Procedure of the Vehicle Handover and Requirements
You or a person authorized by you to take delivery of the vehicle must, at the place of delivery or, in the case of delivery, at the place of delivery
- confirm the transfer (in writing or electronically on the mobile device provided by Cluno), and
- present a valid driver’s license and
- a valid identity card or passport, provided that it also contains the current address of the person collecting the vehicle.
Important: The original driver’s license and passport must be presented, otherwise the vehicle cannot be handed over.
3. Date of Handover
We will concur with you on a handover date on which the booked vehicle will be made available to you.
4. Return of Your Vehicle
At the end of the term, we will arrange an appointment with you and a return location for the vehicle within the Federal Republic of Germany within a radius of 200 km of your address. If no place of return can be agreed upon, the vehicle will be returned to the place of delivery stated in the booking agreement.
Important: Returns are only possible Monday to Friday between 9:00 am and 5:00 pm and not on public holidays.
Unless otherwise agreed to in the booking agreement, you will return the vehicle at your own expense to the return location on the agreed date.
You also have the possibility to let us pick up the vehicle for an additional pickup fee by giving us prior notice.
Important: You have to return the vehicle with all accessories and cleaned inside and out. If the vehicle is purely electrically powered, you are also obliged to return the vehicle with a charge status of at least 80%.
5. When Cluno Fails to Make a Delivery or Pickup
- the vehicle is not accepted by you or your representative upon delivery, or
- the vehicle cannot be handed over to you or your representative because the handover requirements are not met, or
- a pickup of the vehicle fails (“failed logistics“),
we will arrange with you an alternative delivery or pickup date.
In case of a failed logistics, for which you are responsible, a fee will be charged according to these GTC (see L. Overview of Costs), unless you can prove that we have not incurred any damage or that the damage was much less. Our statutory rights remain unaffected. We reserve the right to charge the additional costs incurred by Cluno instead of the flat fee.
6. Data in Radio and Navigation System
Usually, navigation data entered by you and paired devices and, if applicable, information related to the use of the vehicle’s radio system are stored. If you want to delete the stored data, follow the description in the vehicle manual and carry out the deletion before returning the vehicle.
7. Return of the Vehicle to Cluno and Settlement of Damages
The vehicle will be inspected at the handover location by one of our expert employees or a third party commissioned by Cluno.
Possible damages or missing accessories will be recorded in an inspection report, which you must confirm.
If you or your representative do not agree with the findings, this must be noted in the protocol.
If, according to the inspection, the vehicle
- is not in a roadworthy and operationally safe condition in accordance with the contractual mileage, or
- is not returned to us with all keys, documents and accessories provided, or
- the vehicle has defects or damage that are not due to normal aging or contractual wear and tear, or
- does not comply with the rules of the StVZO (Road Traffic Licensing Regulations), or
- the prescribed maintenance and inspections have demonstrably not been carried out,
you are obliged to compensate for the damage incurred, unless you are not responsible for it.
There is no compensation obligation for contractual traces of use or for previous damage that was already present at the time of handover to you according to the handover protocol.
Special Cleaning Flat Rate: If we find out after returning the vehicle that
- the vehicle was smoked in, or
- the vehicle is in a dirty condition beyond the contractual use, or
- there are unpleasant smells,
you have to bear the costs for special cleaning necessary for the removal of this condition in accordance with the flat-rate cost breakdown of these GTC (see L. Overview of Costs), unless you can prove that we have not incurred any damage or that the damage incurred is significantly less. Should the required cleaning costs be higher than the flat rate, we are entitled to charge the actual costs for cleaning.
F. What Do I Need to Consider When Using the Vehicle?
- Contractual Use of the Vehicle
You commit yourself to,
- handle the vehicle with care according to the operating instructions,
- keep the vehicle in a roadworthy and safe condition,
- not use the vehicle for any purpose other than the contractual use,
- always lock the vehicle properly,
- comply with the legal requirements for a car owner, and
- not at any time or in any way make changes of a technical or optical nature to the vehicle without our prior written consent.
Important: Smoking in the vehicle is prohibited.
Important: If we have given you written permission to make technical or optical changes to the vehicle (e.g., foiling), you must restore the vehicle to its original condition at the time of return, unless agreed upon otherwise. You are liable for damages to the vehicle that are due to incorrect removal of the vehicle, unless you are not responsible for such damage.
- How the Vehicle Must Not be Used
The vehicle must not be used
- for motor sports purposes,
- for vehicle tests or driver safety training,
- for the commercial transport of persons or goods,
- for journalistic purposes,
- for renting out for free or against payment, including car sharing,
- for the carrying out of criminal offences, even if these are only punishable under the law of the place of the crime,
- for the transport of highly flammable, toxic or otherwise dangerous substances.
- Trips Abroad
The booked vehicle may be driven in the following countries besides Germany: Andorra, Belgium, Denmark, Finland, France, Greece, Great Britain, Italy, Ireland, Iceland, Croatia, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Austria, Poland, Portugal, Sweden, Switzerland, Slovak Republic, Slovenia, Spain, Czech Republic and Hungary.
Important: A transfer to all countries not listed here is expressly prohibited and is only permitted in individual cases with our prior, explicit and written consent.
Important: An uninterrupted use abroad must not exceed 8 weeks.
When traveling abroad, please take note of the country-specific required documents and safety accessories to carry with you.
In Case of Damage: You are liable for the costs incurred by the repatriation of the vehicle from abroad due to accidental damage if the vehicle is no longer roadworthy, unless you are not responsible for the damage-related unfitness to drive.
- Maintenance and Repairs
You are obliged,
- to have maintenance and wear-and-tear repairs, checks as well as general inspections carried out at our expense exclusively after our notification in the named workshops in your vicinity and to demonstrate the vehicle, and
- to operate the vehicle in accordance with the operating instructions, and
- in case of commercial use it is your responsibility to ensure a timely expert inspection according to the UVV (Accident Prevention Regulations),
- to notify us immediately of any messages from the vehicle electronics regarding maintenance, inspections, damage or malfunctions, and
- to inform us immediately of any impairments to your fitness to drive, operational safety and damage so that we can take immediate action at workshops and continue to provide you with a safe and reliable vehicle.
Only in the case of urgent repairs that are technically necessary to maintain the safe driving and operating ability of the vehicle are you entitled to have the necessary work carried out without prior consent. You must inform us immediately, at the latest 3 days after the urgent repairs have been carried out.
Important: All workshop services and services that are not urgent and that Cluno has not commissioned for you are not part of the mobility package and are not covered by Cluno.
In case of non-compliance with the obligations according to this paragraph 4, you are liable for any damages resulting from this, e.g.
- later additional costs for repair and maintenance, or
- reduced value of the vehicle, or
- failure of the manufacturer and/or dealer warranty,
unless you are not responsible for the breach of duty.
- Current Driver’s License Test
In addition to the initial check of your driver’s license when the vehicle is handed over to you, we are entitled to check the existence of a valid driver’s license for you and all drivers entitled to use the vehicle by means of a test procedure determined by us, at least every six months on a cyclical basis.
- Traffic Offenses, Fines and Penalties
You must ensure that the necessary measures are taken with the regulatory authorities in the case of punished traffic violations (e.g., information about the driver at the time of the alleged violation). We will report you to the regulatory authorities with the information that you have been imposed the holder obligations and provide the necessary information for further prosecution.
Important: You are obligated to pay any warning or fine imposed on you or an authorized driver or third party in a timely manner.
The processing of administrative offenses or criminal proceedings by Cluno and the related administrative expenses will be charged to you separately for each individual case according to these GTC (see L. Overview of Costs), unless you can prove that we have incurred less or no expenses. We will decide within the scope of our dutiful discretion whether to waive any warning and fines imposed by a regulatory authority, especially in case of a reminder to avoid further disadvantages and for reasons of expediency. You are obliged to bear the costs incurred attributable to an offense committed by you, an authorized driver or an authorized third party.
G. Damage – What Should be Done and Observed?
1. Behavior in Case of Damage
You are obliged,
- to report any damage to the vehicle to us immediately and to have it repaired only after our approval,
- to do everything reasonable that leads to the clarification of the insured event and the scope of the obligation to perform pursuant to this agreement,
- to ensure that all necessary measures are taken to mitigate damages and preserve evidence,
- in the event of damage involving third parties and in the event of property damage, immediately call in the police,
- not to give any acknowledgement of debt,
- not to make any statements on the matter to insurers of other parties involved in the accident without prior consultation with Cluno.
Please note that you have to compensate us for all damages caused by a culpable violation of the obligation to report damage immediately.
2. Claims Settlement
Please note that before performing an accident repair:
- we must be informed of the damage and the scope of the repair (firstname.lastname@example.org), and
- it must be agreed upon with Cluno whether an expert opinion is required.
Important: The insurance-related processing of all vehicle-related damages is carried out exclusively by Cluno.
3. Claims From Damages
We are entitled to any compensation from third parties or their insurers for vehicle-related damages. You are obliged to provide us with all necessary data and documents, especially the completed damage claim form.
You hereby assign to us any claims you may have against third parties for reimbursement of loss of use or rental car costs. We hereby accept this assignment.
H. Billing and Payment
1. Initiation Fee
You will be charged an initiation fee in the agreed amount (gross) when you conclude a booking agreement for the first time. The initial fee will not be charged again if further booking agreements are made or a change of booking is made.
2. Monthly Fee
Due Date: The amount of the monthly fee can be found in the booking agreement and is to be paid from the agreed handover date, unless the agreed handover date is exceeded due to a circumstance for which you are not responsible, in which case the day of the actual handover is considered the start of calculation. We will invoice you the monthly package price including VAT on the 1st of the month in advance. Otherwise, the monthly fee must be paid in advance by the third working day of the calendar month at the latest.
Pro Rata Calculation: If the vehicle is not handed over on the 1st of a month, the first and last monthly package price up to the day of the actual return of the vehicle will be calculated pro rata on a daily basis for the start and end month (calculation basis: 30 days = 1 month).
3. Invoicing and Terms of Payment
Payment Method: Your payments can only be made cashless to our account specified in the booking or the respective invoice, or via SEPA Direct Debit.
SEPA Mandate: You authorize us to use the SEPA Direct Debit Mandate also for the entry fee, all subsequent vehicle bookings and any other fees you owe in connection with the booking agreement. If a return debit for which you are responsible occurs within the scope of a direct debit mandate, you must pay us a flat-rate reimbursement of costs in accordance with these GTC (see L. Overview of Costs).
Important: You agree that our invoices will only be sent to your e-mail address in electronic form.
4. Sales Tax
In the event of changes in the VAT rate, we are entitled to adjust the price of the VAT-liable services included in the booked Mobility Package affected by the VAT rate change with a corresponding amount.
I. Liability of Cluno
Force Majeure: Unforeseeable, unavoidable events beyond our control and for which we are not responsible and which prevent us from fulfilling our obligations in whole or in part, release us for the duration of these events from the obligation to perform on time, in particular war, terrorist attacks, natural disasters, fire damage, floods, strikes and lawful lockouts.
Limitation of Liability: Our liability for breach of contract is limited to intent and gross negligence, including that of our representatives and vicarious agents.
We shall only be liable for injury to life, body and health and for breach of material contractual obligations by us or our representatives and vicarious agents, even in cases of slight or medium negligence. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
In the event of slight or medium negligent violation of essential contractual obligations which are not based on injury to life, body and health, our liability is limited to the extent of compensation for foreseeable damages typical for this type of contract.
J. Legal Provisions
Dispositions: You may not pledge, assign as security or otherwise dispose of the vehicle.
Enforcement: If a foreclosure of the vehicle takes place, we must be informed immediately.
Right of Retention: You have no right of retention unless the right of retention is based on the same contractual relationship.
Assignments: Claims and your other rights from the contractual relationship with Cluno can only be assigned by you with our prior written consent. We are entitled to cede claims arising from the contractual relationship for the purpose of refinancing, among other things.
Right of Inspection: We and third parties commissioned by Cluno have the right to inspect the vehicle anytime upon notification and during normal business hours. For this purpose, you will provide the location of the vehicle upon request.
Contract Transfer: You hereby declare your agreement that Cluno FinTech 1 GmbH or Cluno FinTech 2 GmbH will enter into the contract with you in our place by assuming all rights and obligations from these terms and conditions and the booking agreements. Both are direct subsidiaries we founded for financing purposes. We would inform you in writing which of our two subsidiaries will be your contractual partner. We have concluded servicing contracts with both subsidiaries, according to which Cluno will continue to be responsible for the processing of your contract – no matter which of the two will become your legal contract partner. Therefore, everything that concerns our service provision for you will remain the same. In any case, we at Cluno remain your contact person.
Place of Jurisdiction: If you conclude the booking agreement as a merchant or legal entity, the place of jurisdiction is Munich.
Ineffective Individual Provisions: If individual provisions of this agreement are invalid, the validity of the remaining provisions shall not be affected.
K. Booking Term and Cancellation
1. Minimum Duration:
The booking agreement has an agreed upon minimum duration in the context of the booking and is extended indefinitely upon expiration of this minimum term. The minimum duration begins on the day of the agreed handover date, unless the agreed upon handover date is exceeded due to circumstances beyond your control, in which case the day of the actual handover of the vehicle is when the minimum term begins.
2. Notice Period
The booking agreement can be terminated, in writing, by Cluno and you earliest at the end of the minimum term of the contract, with a notice period of 3 calendar months to the end of the calendar week. If a different agreement on the period of notice is made within the framework of the conclusion of the contract, the differing agreement takes precedence.
3. Tacit Extension:
Tacit renewal of a canceled booking agreement is excluded. This also and in particular applies in case of late return of the vehicle after the end of the contract period; Section 545 of the BGB (German Civil Code) does not apply.
4. Late Return:
If the vehicle is not returned on time, you will be charged 1/30 of the agreed monthly fee for each day. Your obligations under the Mobility Agreement continue to apply accordingly until the day of the actual return. In addition, you will be charged separately for any additional costs we incur due to the late return (“Additional Fee“), unless you are not responsible for the late return.
Additional Fee: In the event of a late return of the vehicle for which you are responsible, we will charge you an additional fee per day from the agreed return date onwards pursuant with the list of costs in these GTC (see L. Overview of Costs) up to and including the date of the actual return, unless you can prove that we have incurred no or lower damages.
Failed Pickup: If you have agreed with us that the vehicle will be picked up by a logistician in the course of the return, the regulation for the bearing of costs for the failed logistics for which you are responsible according to section E, item 5 of these GTC, including the cost breakdown of these GTC (see L. Overview of Costs).
5. Extraordinary Termination
The right to extraordinary termination without notice for good cause remains unaffected. In the following cases in particular, good cause exists which entitles Cluno to terminate the contract without notice:
- If you are in default with the payment of the package price or a significant part of the package price for two consecutive dates, or
- if you are in default with the payment of the package price in an amount equal to the package price for two months in a period extending over more than two dates, or
- you, the authorized driver or authorized third parties violate the rights of us to a considerable extent if the vehicle provided is endangered by neglecting the due diligence or if it is left to a third party without authorization (in particular unauthorized contrary to these GTC) and this behavior is continued even after a warning by us; a warning is not necessary if it obviously does not promise success or if the immediate termination is justified for special reasons under consideration of the interests of both parties; or
- if you have made incorrect statements or concealed facts when concluding the contract and we cannot reasonably be expected to continue the contract until the expiry of the notice period or until the contractual relationship is otherwise terminated, or
- you do not pay the deductible payable for the settlement of the claim within a reasonable period after two written reminders, or
- your financial circumstances deteriorate or threaten to deteriorate to such an extent that a contract would not have been concluded under the circumstances that have occurred or threatened to occur, or
- the continuation of the booking Cluno is unreasonable due to the damage quota for which you are responsible; this is especially the case with a total damage of EUR 5,000.00 (net), unless you are not responsible for this total damage at least in an amount of EUR 5,000.00, or
- you do not have the necessary driver’s license to operate the vehicle provided when the contract is concluded,
- you are no longer entitled to drive the vehicle after the vehicle has been handed over to you due to the withdrawal of your driver’s license or due to a driving ban, or
- you do not comply with the proof of the existence of a driving license requested by Cluno in accordance with point F. 5 (Current Driving License Examination) of these GTC by presenting the original of the driving license or by means of the electronic proof procedure determined by Cluno after a reasonable period of time.
6. Security in Case of Extraordinary Termination
In case of extraordinary termination
- you lose the right of ownership of the vehicle,
- you are obliged to hand over the vehicle with all keys and all documents at your own expense and risk,
- you are obliged to return the goods according to these GTC,
- we are entitled, after the unsuccessful expiry of a reasonable period of time for the return of the vehicle, to secure the vehicle and have it inspected at your expense,
- you have to compensate the costs of securing and replacing the vehicle keys and documents as well as any further damage resulting from this.
Important: We reserve the right to assert claims for damages in case of extraordinary termination.
L. Overview of Costs
|GTC-Rule||Content||Reimbursement of Costs (incl. VAT)|
|D. Item 6||Additional lump-sum expense allowance in the event of loss or damage of (in addition to the damage compensation costs):
|D. Item 6||Additional lump-sum expense allowance in the event of loss/damage of (in addition to the damage compensation costs):
|D. Item 6||Lump sum for replacement of:
||EUR 120,00 EUR (VAT-exempt)|
|E. Item 5||Failed logistics||250,00 EUR|
|F. Item 6||Administrative offense or other traffic violation within Germany (forwarding of the case to you without payment of the fine or warning by Cluno)||15,00 EUR|
|F. Item 6||Administrative offense or other traffic violation outside of Germany (forwarding of the case to you without payment of the fine or warning by Cluno)||30,00 EUR|
|F. Item 6||Additional expense allowance in case of non-payment of a warning or fine by you and disbursement of the payment by Cluno due to a reminder (the disbursed amount is to be reimbursed separately by you)||30,00 EUR|
|E. Item 7||Special cleaning flat rate if smoking in the vehicle||200,00 EUR|
|E. Item 7||Special cleaning flat rate, if there is a pollution or odor nuisance||200,00 EUR|
|K. Item 4||Additional fee per day for late return||20,00 EUR|
|H. Item 3||Return Debit Note Fee||15,00 EUR|
M. Changes to These GTC
We will inform you about changes of these GTC in writing. If you do not object to the changes within 4 weeks after receipt of the notification, the changes will be deemed as agreed upon. You will be informed separately about the right of objection and the legal consequences of silence. In the event of a timely objection, the original regulations remain unchanged instead of the change.
These GTC are effective 12/8/2020.