Common use of Liability of the Hirer Clause in Contracts

Liability of the Hirer. 6.1 The Hirer shall be liable to Apollo Europe, in particular for dam- age to or loss of the Vehicle, as follows: In the event of damage to the vehicle caused by slight negligence or in the event of its loss, the Hirer shall be liable during the agreed rental period for each case of damage up to the contractually agreed deductible of the insurance. In the event of damage caused intentionally by the Hirer, the limi- tation of liability to the agreed deductible shall not apply. In this case, the Hirer shall be liable to the full amount. If the Hirer has caused the damage by gross negligence during the rental period, the amount of the Hirer's liability up to the amount of the total damage shall be determined by the severity of the Hir- er's fault. 6.2 The limitation of liability to the contractually agreed deducti- ble shall not apply even then: (a) if damage was caused due to drug- or alcohol-related impaired driving. (b) if the hirer or the driver to whom the hirer has entrusted the vehicle absconds from the scene of the accident without permission in accordance with § 142 StGB. (c) if the Hirer, contrary to the obligation under Clause 20.1, fails to call the police in the event of an accident. (d) if damage is due to an inadmissible use in accordance with Clause 18.1. or has occurred when driving in an area or on a route restricted in accordance with Clause 18.2; (e) if damage is based on the breach of any other obligation under the rental agreement. (f) when replacing or repairing aerials, glass or wheels. (g) in the event of missing wheel trims, tools or spare parts. (h) in the event of damage caused by the improper opera- tion of the vehicle, e.g., incorrect type and quality of fuel, falling below the minimum operating fluid quanti- ties (e.g. oil, water, coolant, brake fluid, etc.), failure to observe warning indicators, excessively high or low air pressure, etc; (i) in the event of damage caused by incorrect operation of equipment and appliances (e.g., awning, heating, cooker etc.); (j) when filling the freshwater tank with fuel; (k) in the event of damage to the underside of the vehicle or the roof, which includes the area above the passenger doors. Such damage is always considered to have been caused by gross negligence. Such damage will be charged at a fixed rate of €2,500 plus the full deposit for the vehicle. (l) if the ignition key was in the vehicle when it was stolen, and the vehicle was left unguarded. The hirer will be held fully liable for a replacement vehicle. (m) in the event of damage to windscreens, mirrors and/or tyre damage, unless a special protection option has been purchased. (n) in the event of damage caused by the incorrect use of snow chains. (o) in the event of damage caused to the vehicle because the driver has violated laws or road traffic regulations. (p) in the event of damage caused by freezing/overheating, e.g., appliance not winterised, or overheating of the ve- hicle or systems, e.g., plumbing or water systems. (q) in the event of damage and associated costs for the recovery of a stuck vehicle;wenn Schäden durch einen unberechtigten Xxxxxx verursacht werden, dem der Mieter das Fahrzeug überlassen hat; (r) if damage is due to a failure to comply with the permit provisions (s) unless the breach of conduct had no influence either on the occurrence of the damage or on the determination of the damage or on the amount of the damage. This does not apply in the case of malicious conduct. 6.3 In the aforementioned cases, the Hirer shall also be liable to the Owner in the event of gross negligence to an ex- tent corresponding to the severity of the fault up to the amount of the total damage. The burden of proof for the absence of gross negligence shall be borne by the Hirer. 6.4 For damage covered by the partial cover insurance, in particular stone chips, the renter is liable to the amount of the agreed deductible of € 2,000, if and insofar as the insurance company is obliged to settle the damage and the damage was not caused by Apollo Europe. 6.5 If the Hirer is delayed in returning the vehicle, the Hirer shall be liable from the beginning of the delay in accordance with the statutory provisions. 6.6 In the event of any damage not covered by the insurance (e.g. nail/screw driven into the tyre or traffic offences) as well as after expiry of the agreed rental period, the Hirer shall be liable in full in accordance with the general statutory pro- visions. 6.7 When using toll roads, the Hirer must ensure the timely and complete payment of the applicable toll. 6.8 Several tenants are liable as joint and several debtors. 6.9 The Hirer shall be liable for damage to the vehicle or third parties caused by the animals carried along in accordance with the statutory provisions. 6.10 The Renter agrees to fully indemnify Apollo Europe for all fees, charges, fines and penalties incurred during the use of the vehicle for which the Renter is responsible. Incoming cost notices, etc. will be forwarded to the Renter plus a pro- cessing fee in accordance with the applicable price list of Apollo Europe, unless the Renter proves that Apollo Europe has incurred no or less expense and / or damage. 6.11 In particular, the Renter shall be liable without limitation for all violations of traffic and regulatory regulations and other legal provisions as well as for all disturbances of the vehicle caused by him or by third parties to whom the Renter en- trusts the vehicle. The renter shall indemnify Apollo Europe against all fines and warning fees, charges, and other costs that authorities or other bodies may levy against Apollo Eu- rope in connection with such violations. As compensation for the administrative expenses incurred by Apollo Europe for the processing of enquiries addressed to Apollo Europe by law enforcement agencies or other third parties for the pur- pose of investigating administrative offences, criminal of- fences or disturbances committed during the rental period, Apollo Europe shall receive from the Renter a lump-sum ex- pense allowance for each such enquiry in accordance with Apollo Europe's current price list, unless the Renter proves that Apollo Europe has incurred no or significantly less ex- pense and/or damage; Apollo Europe shall be at liberty to claim further damages. 6.12 In order to avoid an increase in costs due to damage assess- ment costs, Apollo Europe may, in the event of accidental damage, first provide the Hirer with sample invoices for the corresponding damage upon request. 6.13 As long as the question of guilt remains unresolved, Apollo Europe is entitled to retain the security deposit. 6.14 Apollo Europe strongly recommends that you take out per- xxxxx travel insurance.

Liability of the Hirer. 6.1 The Hirer shall be liable to Apollo Europe, in particular for dam- age to or loss of the Vehicle, as follows: In the event of damage to the vehicle caused by slight negligence or in the event of its loss, the Hirer shall be liable during the agreed rental period for each case of damage up to the contractually agreed deductible of the insurance. In the event of damage caused intentionally by the Hirer, the limi- tation of liability to the agreed deductible shall not apply. In this case, the Hirer shall be liable to the full amount. If the Hirer has caused the damage by gross negligence during the rental period, the amount of the Hirer's liability up to the amount of the total damage shall be determined by the severity of the Hir- er's fault. 6.2 The limitation of liability to the contractually agreed deducti- ble shall not apply even then: (a) if damage was caused due to drug- or alcohol-related impaired driving. (b) if the hirer or the driver to whom the hirer has entrusted the vehicle absconds from the scene of the accident without permission in accordance with § 142 StGB. (c) if the Hirer, contrary to the obligation under Clause 20.1, fails to call the police in the event of an accident. (d) if damage is due to an inadmissible use in accordance with Clause 18.1. or has occurred when driving in an area or on a route restricted in accordance with Clause 18.2; (e) if damage is based on the breach of any other obligation under the rental agreement. (f) when replacing or repairing aerials, glass or wheels. (g) in the event of missing wheel trims, tools or spare parts. (h) in the event of damage caused by the improper opera- tion of the vehicle, e.g., incorrect type and quality of fuel, falling below the minimum operating fluid quanti- ties (e.g. oil, water, coolant, brake fluid, etc.), failure to observe warning indicators, excessively high or low air pressure, etc; (i) in the event of damage caused by incorrect operation of equipment and appliances (e.g., awning, heating, cooker etc.); (j) when filling the freshwater tank with fuel; (k) in the event of damage to the underside of the vehicle or the roof, which includes the area above the passenger doors. Such damage is always considered to have been caused by gross negligence. Such damage will be charged at up to a fixed rate maximum of €2,500 plus the full deposit for the vehicle9,000. (l) if the ignition key was in the vehicle when it was stolen, and the vehicle was left unguarded. The hirer will be held fully liable for a replacement vehicle. (m) in the event of damage to windscreens, mirrors and/or tyre damage, unless a special protection option has been purchased. (n) in the event of damage caused by the incorrect use of snow chains. (o) in the event of damage caused to the vehicle because the driver has violated laws or road traffic regulations. (p) in the event of damage caused by freezing/overheating, e.g., appliance not winterised, or overheating of the ve- hicle or systems, e.g., plumbing or water systems. (q) in the event of damage and associated costs for the recovery of a stuck vehicle;wenn Schäden durch einen unberechtigten Xxxxxx verursacht werden, dem der Mieter das Fahrzeug überlassen hatvehicle; when damages have been caused by the renter lending the vehicle to an unauthorised driver; (r) if damage is due to a failure to comply with the permit provisions (s) unless the breach of conduct had no influence either on the occurrence of the damage or on the determination of the damage or on the amount of the damage. This does not apply in the case of malicious conduct. 6.3 In the aforementioned cases, the Hirer shall also be liable to the Owner in the event of gross negligence to an ex- tent corresponding to the severity of the fault up to the amount of the total damage. The burden of proof for the absence of gross negligence shall be borne by the Hirer. 6.4 For damage covered by the partial cover insurance, in particular stone chips, the renter is liable to the amount of the agreed deductible of € 2,000, if and insofar as the insurance company is obliged to settle the damage and the damage was not caused by Apollo Europe. 6.5 If the Hirer is delayed in returning the vehicle, the Hirer shall be liable from the beginning of the delay in accordance with the statutory provisions. 6.6 In the event of any damage not covered by the insurance (e.g. nail/screw driven into the tyre or traffic offences) as well as after expiry of the agreed rental period, the Hirer shall be liable in full in accordance with the general statutory pro- visions. 6.7 When using toll roads, the Hirer must ensure the timely and complete payment of the applicable toll. 6.8 Several tenants are liable as joint and several debtors. 6.9 The Hirer shall be liable for damage to the vehicle or third parties caused by the animals carried along in accordance with the statutory provisions. 6.10 The Renter agrees to fully indemnify Apollo Europe for all fees, charges, fines and penalties incurred during the use of the vehicle for which the Renter is responsible. Incoming cost notices, etc. will be forwarded to the Renter plus a pro- cessing fee in accordance with the applicable price list of Apollo Europe, unless the Renter proves that Apollo Europe has incurred no or less expense and / or damage. 6.11 In particular, the Renter shall be liable without limitation for all violations of traffic and regulatory regulations and other legal provisions as well as for all disturbances of the vehicle caused by him or by third parties to whom the Renter en- trusts the vehicle. The renter shall indemnify Apollo Europe against all fines and warning fees, charges, and other costs that authorities or other bodies may levy against Apollo Eu- rope in connection with such violations. As compensation for the administrative expenses incurred by Apollo Europe for the processing of enquiries addressed to Apollo Europe by law enforcement agencies or other third parties for the pur- pose of investigating administrative offences, criminal of- fences or disturbances committed during the rental period, Apollo Europe shall receive from the Renter a lump-sum ex- pense allowance for each such enquiry in accordance with Apollo Europe's current price list, unless the Renter proves that Apollo Europe has incurred no or significantly less ex- pense and/or damage; Apollo Europe shall be at liberty to claim further damages. 6.12 In order to avoid an increase in costs due to damage assess- ment costs, Apollo Europe may, in the event of accidental damage, first provide the Hirer with sample invoices for the corresponding damage upon request. 6.13 As long as the question of guilt remains unresolved, Apollo Europe is entitled to retain the security deposit. 6.14 Apollo Europe strongly recommends that you take out per- xxxxx travel insurance.