Common use of Condition of Vehicle Clause in Contracts

Condition of Vehicle. Owner guarantees that Vehicle is suitable for use on the road and for rental at the start of the rental period. Renter acknowledges to have taken possession of Vehicle in the condition as specified on the jointly checked damage assessments (as stated above), fully cleaned and with the safety equipment required by law. On the return of Vehicle the condition of Vehicle will be jointly checked again. Any costs to Vehicle to restore it to its original condition at the start of the rental, including refueling, are payable by Renter, possibly limited to the maximum per claim as specified in this Rental Agreement, if the application conditions of this limitation have been complied with. In any case, the compensations applied by Owner shall not be higher than the "informex" compensations laid down for the determined damage in question. Informex is an industry acknowledged calculation method to estimate repairs costs for insurers, bodyshops, vehicle manufacturers, dealers, parts suppliers and other parties in the supply chain. On returning Vehicle with a lower fuel level than at the start of the rental, Renter will be charged with an amount depending on the fuel option chosen at the start of the rental. Please refer to the section: Annex to the general terms and condition "Additional information packages" under subtitle "Fuel options". If vehicle, with or without Owner's explicit agreement, is returned outside the opening hours of the local agent in question and/or is left elsewhere, if Renter returns Vehicle in a dirty state, exterior and/or interior, which makes a detailed assessment of the condition of Vehicle not immediately possible or if Renter does not want to wait for a jointly checked assessment, and therefore it is impossible to make a jointly checked assessment when Vehicle is returned and/or left. If Vehicle was left at Renter's garage with Owner's permission, ▇▇▇▇▇▇ authorizes the garage owner to make a jointly checked assessment when picking up Vehicle. In these cases, when Vehicle is effectively under Owner’s management and/or when Vehicle has been sufficiently cleaned, Owner shall make an assessment of the condition of Vehicle. On determining additional damage to Vehicle and/or if Vehicle is dirty and needs to be cleaned and/or Vehicle is returned with less fuel than on departure, it shall notify Renter of this in writing together with an estimate of the compensation for these assessments. If ▇▇▇▇▇▇ does not agree with Owner's repair fees and damage assessments in the aforementioned cases, Owner must be notified of this in writing within 3 working days upon receipt of Owner's notification. In the absence of this notification within the specified period Renter shall be deemed to be in agreement. If ▇▇▇▇▇▇ does not agree, the file will be submitted to a jointly agreed car expert who will make a final decision, against which there is no appeal, regarding the determined damage and the related correct repair costs. The costs are payable by the party who is deemed in the wrong or will be divided between the parties as determined by the expert. If available, the expert will base himself on the jointly checked assessments and the photographs taken by Owner or his agent. Renter explicitly accepts to have received Vehicle in a normal state of operation. If this is not the case ▇▇▇▇▇▇ has up to 4 working hours after receipt of Vehicle to notify this to Owner. All mechanical damage to Vehicle which is due to the use of Vehicle and/or mechanical damage to Vehicle which has substantially worsened following use of Vehicle by Renter shall be charged completely and in full to Renter. On determining mechanical damage to Vehicle which according to our experts is with certainty due to the wrong use of Vehicle by ▇▇▇▇▇▇, Renter shall be notified in writing. ▇▇▇▇▇▇ then has a period of 3 working days to submit any complaints and to request a counter-appraisal. If there is no reaction Renter shall be considered liable for the additional damage.