Common use of Termination of the Rental Contract Clause in Contracts

Termination of the Rental Contract. The rental contract is entered into for a fixed period and shall end at the time of the agreed return date without the necessity of termination of the rental contract (limitation). A right on the part of the Renter and Rental Company to properly terminate the rental contract is excluded. This does not affect the right of the Renter and Rental Company to terminate the rental contract extraordinarily without notice for a compelling reason. The Rental Company shall, in particular, be entitled to terminate the rental contract extraordinarily without notice for a compelling reason if: - The Renter fails to make an agreed payment or provide an agreed security (deposit), including after a reasonable period of grace set by the Rental Company has passed; - The Renter cannot present the documents required for himself and all other drivers stated in the rental contract at the handover of the vehicle, including after a reasonable period of grace set by the Rental Company has passed (Section 3, sub-section 2); - Force majeure or other circumstances that are not the Rental Company’s responsibility render executing the contract impossible; - A motorhome was culpably booked by way of providing misleading or incorrect details or concealing significant facts. In that respect significant may be the customer’s identity, ability to pay or the intended use; - The purpose or the reason for renting is unlawful or - A breach of material obligations by the Renter. However, in the last stated case termination shall only be permitted following expiry in vain of a reasonable period set for remedial action unless the setting of a period will obviously be unsuccessful or immediate cancellation is justified for special reasons by way of weighing up both parties’ interests. The justified extraordinary termination without notice by the Rental Company does not establish any claim on the part of the customer to compensation for loss suffered. If the Renter is responsible for the extraordinary termination by the Rental Company, the Rental Company is to deduct the income from the renting of the motorhome to somebody else during the agreed rental period and the saved expenses from a claim for compensation against the Renter. If the motorhome is not rented to somebody else, the Rental Company may make the deduction at a flat rate for saved expenses as follows: In the case of termination - Up to 61 days prior to the start of rent the Renter is to pay 20% of the rental price to the Rental Company. - 60 to 30 days prior to the start of rent the Renter is to pay 40% of the rental price to the Rental Company. - 29 to 15 days prior to the start of rent the Renter is to pay 80% of the rental price to the Rental Company. - Less than 15 days prior to the start of rent, or during the rental period, the Renter is to pay 90% of the rental price to the Rental Company. The Rental Company reserves the right to claim further damages. The Renter is free to furnish proof that the claim does not apply or does not apply at the requested amount.

Appears in 2 contracts

Samples: www.rentandtravel.de, www.rentandtravel.de

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Termination of the Rental Contract. The rental contract is entered into for a fixed period and shall end at the time of the agreed return date without the necessity of termination of the rental contract (limitation). A right on the part of the Renter and Rental Company to properly terminate the rental contract is excluded. This does not affect the right of the Renter and Rental Company to terminate the rental contract extraordinarily without notice for a compelling reason. The Rental Company shall, in particular, be entitled to terminate the rental contract extraordinarily without notice for a compelling reason if: - The Renter fails to make an agreed payment or provide an agreed security (deposit), including after a reasonable period of grace set by the Rental Company has passed; - The Renter cannot present the documents required for himself and all other drivers stated in the rental contract at the handover of the vehiclecaravan, including after a reasonable period of grace set by the Rental Company has passed (Section 3, sub-section 2); - Force majeure or other circumstances that are not the Rental Company’s responsibility render executing the contract impossible; - A motorhome caravan was culpably booked by way of providing misleading or incorrect details or concealing significant facts. In that respect significant may be the customer’s identity, ability to pay or the intended use; - The purpose or the reason for renting is unlawful or - A breach of material obligations by the Renter. However, in the last stated case termination shall only be permitted following expiry in vain of a reasonable period set for remedial action unless the setting of a period will obviously be unsuccessful or immediate cancellation is justified for special reasons by way of weighing up both parties’ interests. The justified extraordinary termination without notice by the Rental Company does not establish any claim on the part of the customer to compensation for loss suffered. If the Renter is responsible for the extraordinary termination by the Rental Company, the Rental Company is to deduct the income from the renting of the motorhome caravan to somebody else during the agreed rental period and the saved expenses from a claim for compensation against the Renter. If the motorhome caravan is not rented to somebody else, the Rental Company may make the deduction at a flat rate for saved expenses as follows: In the case of termination - Up to 61 days prior to the start of rent the Renter is to pay 20% of the rental price to the Rental Company. - 60 to 30 days prior to the start of rent the Renter is to pay 40% of the rental price to the Rental Company. - 29 to 15 days prior to the start of rent the Renter is to pay 80% of the rental price to the Rental Company. - Less than 15 days prior to the start of rent, or during the rental period, the Renter is to pay 90% of the rental price to the Rental Company. The Rental Company reserves the right to claim further damages. The Renter is free to furnish proof that the claim does not apply or does not apply at the requested amount.

Appears in 2 contracts

Samples: www.rentandtravel.de, www.rentandtravel.de

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