Terms of use

This user agreement governs the terms of use of the Humbaur Rent 24/7 platform, the required subsystems, and the Humbaur Rent 24/7 app. Use of the platform requires the installation of the app and the creation of a user account. 
The platform brokers contracts between lessees and lessors of vehicles of the manufacturer Humbaur.
The app provides features that facilitate the rental of Humbaur vehicles from various lessors.

1.    Registration on the Humbaur Rent 24/7 platform and termination by the user

Users of the platform must be at least 18 years of age to register and must hold at least a valid Class B driver’s license.
Registration is completed via the Humbaur Rent 24/7 app. The app is available in participating app stores. Registration on the platform and downloading the app are free of charge.
During registration, the user’s identity (through the submission of a photo showing the face) and possession of a valid driving licence (through the submission of photos of the front and back of the driving licence) are verified. Registration cannot be completed if the picture quality is unsatisfactory. Any liability for this is excluded. Only driving licences in card format will be accepted.
Driving licences from non-EU countries will be accepted if
-    no visa is recorded in the user’s passport, or
-    a visa is recorded in the user’s passport, but the user is not staying in an EU country longer than six months.
If the user is staying in an EU country longer than six months, a driving licence from an EU country must be presented. Foreign national driving licences that are not written in German, that were not issued in another EU country or in Switzerland, or that do not comply with Annex 6 of the Convention on Road Traffic of 08/11/1968 must be accompanied by a translation unless the Federal Republic of Germany (FRG) has waived the need for an accompanying translation. The translation must be produced by an internationally recognised automobile association of the issuing country or by an entity designated by the Federal Ministry of Transport and Digital Infrastructure. If the issuing country issues an international driving licence, the presentation of the international driving licence along with the original driving licence will suffice instead of the translation. 
Data remains encrypted on the platform and is initially stored for one year. It can be supplemented at any time if an upgraded driving licence is acquired. Any loss of a driving licence must be notified. Vehicle access is based on the corresponding driving licence class.
A user may only register once and only create one user account, and must ensure that the user account cannot be used by any other persons.
User accounts are accessed by way of two-factor authentication. 
During registration, an electronic payment method valid for at least 30 days is saved. Unless agreed otherwise, all costs will be charged to the payment method. 
Only one master contract is created upon completion of registration. This master contract is free of charge. The platform user may terminate the master contract at any time, without stating the reasons, by deleting the customer account. A separate rental contract is required for each individual case in which vehicles are rented. 

2.    Use of the Humbaur 24/7 platform

2.1.    Vehicle selection
On the Humbaur 24/7 platform, the user is only offered those vehicles for booking that may be driven based on the driving licence classes indicated during registration. The platform automatically verifies the permissible total mass of the user’s towing vehicle with the selected trailer. This verification serves only as a guide and has no guarantee of completeness. The user him/herself must therefore determine the permitted total weight of his/her selected combination and ensure that he/she is not driving a vehicle whose total weight does not comply with his/her driving licence. 
After the vehicle has been selected, a rental contract will be created between the user and the lessor when the “Book now” button is clicked. The contractual terms and conditions that the lessor provides will apply to the rental contract. These are available for download for each individual rental in the Humbaur Rent 24/7 app.

Depending on the vehicle, the rental contract may prohibit the vehicle’s use abroad. The restrictions applicable in each case are specified in the rental contract.

2.2.    Additional insurance
All vehicles offered on the Humbaur 24/7 platform are covered by the minimum statutory third-party liability insurance. The liability amounts are generally EUR 7.5 million for personal injury, EUR 1 million for property damage, and EUR 500,000 for financial losses.
However, partial or full comprehensive insurance are available for only some of the vehicles offered. In the event of a write off, this can result in damage amounts between EUR 3,000 (standard trailer up to 1,300 kg) and EUR 15,000 (horse trailer). Information concerning the availability of partial/full comprehensive insurance can be requested directly from the lessor. Additional insurance can be taken out on the platform. This entails additional costs, which are added to the rental price.

2.3.    Performance of the rental contract
The rented vehicle is generally available at the selected location for pickup. A different location within approximately 100 m is possible. The vehicle can be located with the app at the earliest 10 minutes before the start of the agreed rental period.
The vehicle is available via the Humbaur 24/7 app upon arrival at the vehicle and from the start of the rental period. The “Open vehicle” button activates the remote lock system, and the vehicle can be unlocked, locked, and used for the entire rental period. This also applies if the rental period is extended due to a delay.
At the start and end of the rental period, pictures of the vehicle must be taken from all sides using the app. These serve to document any existing damage to the vehicle when it is handed over, and to document the return of the vehicle without any damage. 
If damage is detected at the start of the rental period, or if damage occurs during the rental period, the “Damage detected” button should be used in the app.
During the rental period, the digital vehicle registration certificate should be saved and viewable in the app. According to the StVO (Straßenverkehrs-Ordnung [the German Highway Code]), the vehicle driver must carry the vehicle registration certificate (henceforth: the registration certificate part 1) in paper form. Generally, the police also accept a digital copy of the registration certificate part 1 as an accommodation when performing checks. But in other cases, a warning fine of EUR 10.00 will be imposed.
All vehicles listed on the Humbaur Rent 24/7 platform continuously send reports to the platform regarding system-related events (e.g. tyre pressure and instances of speeding). This happens without customisation. This enables the vehicle to be located in exceptional circumstances, such as a delay in returning the vehicle or if an accident is detected. This data can also be provided to the lessor for the settlement of any claims.
The rental period does not end until the “End rental” button is used. If the button is not used, the rental period will be extended automatically. This will result in additional rental charges, which will be collected via the saved payment method. The app provides continuous reminders of the end of the rental period.
If the rental period cannot be ended for technical reasons, the lessor must be contacted directly. The lessor may terminate the rental period at any time. If it can be proven that the technical problem lies with the platform or the connected systems, the additional rental charges collected will be credited back. 
At the end of the rental period, pictures of the vehicle from all sides must be taken using the app. 

3.    Costs of use

Use of the platform is free of charge. If a rental contract is concluded between the user and a lessor via the platform, the rental price agreed in this rental contract will contain a rental commission. A separate commission will not accrue. Humbaur has no influence on the rental price. The rental price will be charged to the saved payment method when it falls due.
If damage or loss occurs during the rental period, an administrative fee of EUR 100.00 will become payable to the lessor for the settlement of the claim. This will be charged to the saved payment method.
If any traffic violations are committed during the rental period, an administrative fee of EUR 30.00 will become payable for the handling of the violation. This will be charged to the saved payment method.

4.    Invoicing

There is no automatic invoicing for the rental contracts concluded via the platform. If an invoice is required, the user must press the “I need an invoice” button in the app. An invoice from the lessor will then be made available for download on the platform within seven days. The invoice is received when the user accesses it. The user must access the invoice provided within appropriate time frames.

5.    Withdrawal of the user from the rental contract

The user may withdraw from the rental contract up to four hours before the start of the agreed rental period by pressing the “Delete booking” button. The issue date and time stamp of the delivered digital key are decisive. The already completed payment will be refunded. 
There is no termination option shorter than four hours before the start of the agreed rental period for day-long or multi-day rentals. 
There is no right of withdrawal in the case of a short notice rental (less than four hours before the start of the rental period). 
If, at the start of the agreed rental period, the user determines that the vehicle is not roadworthy, the lessee may submit a damage report via the app and declare the vehicle “not suitable for rental”. His/her payment will then be refunded. A new rental contract for a different vehicle may be concluded via the app.

6.    Termination of the master contract by Humbaur

If Humbaur notes multiple breaches by the user, Humbaur may terminate the master contract immediately and block the user from reregistering.  This will occur in the event of intentional damage to a vehicle, parking of the vehicle in non-permitted areas, handing the vehicle over to third parties, or any other violation of these General Terms and Conditions or the General Terms and Conditions of the lessor.

7.    Liability of Humbaur

Humbaur is not a contracting party of the rental contract and assumes no liability for it. 
Humbaur is only liable within the brokering transaction and is thereby limited to cases of injury to life, limb, or health or the violation of material contractual obligations. Claims for damages due to the violation of material contractual obligations are limited to the foreseeable damage that is typical for the contract.
Humbaur is not liable for the provision of subservices, such as the payment service, location service, and communication service, if these are not available. Humbaur reserves the right to temporarily limit the usability of Humbaur Rent 24/7 platform during maintenance periods.

In the event of unauthorised or unlawful use of Humbaur Rent 24/7 services, all liability will cease, except in cases of wilful intent or gross negligence.
Humbaur will not be liable in cases of force majeure. 

8.    Liability of the user

The user is liable for all damage that occurs as a result of intentional or negligent violation of contractual obligations. If a third party provides compensation, this will be taken into account.

9.    Data protection

Humbaur will store saved customer data for up to 10 years in accordance with the statutory provisions concerning proper accounting and the provisions on data protection. Data will be stored in data centres in Germany (for rental transactions in Europe).
Humbaur shall disclose data relating to rentals in the event of administrative offences or when evidence is being taken by law enforcement authorities. Data will then be passed on only in accordance with statutory provisions.
The exact data protection provisions and a description of how Humbaur handles customer data can be found on the Humbaur homepage at http://humbaur.com under “Data protection”. 

10.    Revocation

The user has the right to revoke the master contract within 14 days after registration without indicating the reasons. To exercise the right of revocation, the user must inform Humbaur of his/her decision to revoke the contract by means of a clear declaration. The following revocation template can serve this purpose. 

The revocation can be sent in writing to Humbaur GmbH, Mercedesring 1, 86368 Gersthofen, or by email to info@humbaur.com. If an email is sent, a digital signature must be inserted as an image.  

11.    Final provisions

If the user is a businessman, a legal entity under public law, or an investment fund under public law, the place of jurisdiction shall be Augsburg.
The European Commission has established a platform for online alternative dispute resolution in disputes related to consumer rights. The lessor will not participate in dispute resolution proceedings before a consumer conciliation board and is also not required to do so. 
The contract language is German. If, during the conclusion of the contract, the lessor provides the lessee with these General Terms and Conditions or other contract terms in another language, these will be only a non-binding translation. In the event of deviations, lack of clarity, or contradictions between the German version and other versions of the General Terms and Conditions and other contract terms, the German version will always take priority over any translations.
Should any of the preceding terms be or become void or ineffective in whole or in part, this will not affect the validity of the remaining provisions. Section 139 of the BGB (Bürgerliches Gesetzbuch [the German Civil Code]) does not apply.