General

BLUE BOX luxury rental car GmbH, subsequently referred to as BLUE BOX, rents the vehicle as described in the rental agreement according to the conditions cited in the agreement and given in the following terms. You, as stated in the agreement, accept these conditions by signing the agreement.
The basis of the agreement consists solely of the details of the agreement and these terms and conditions. Further agreements are required to be made in writing.  The undersigned (renter, authorized driver) are personally liable as joint debtors with the individual or corporate body for whom the agreement was made.


Reservations, handovers, extensions and returns

There is a general cancellation fee of 50% for reservations that are cancelled within 24 hours before the agreed upon pick up time. If the cancellation is made at a later point in time or not at all, the cancellation fee is 80% of the agreed upon rental fees. If not agreed separately, changes in the rental period (i.e. due to inclement weather or illness) are not allowed and are treated as a cancellation.

By signing the agreement, you agree to accept the vehicle in good condition without defects, in a dependable and roadworthy condition, with complete vehicle documents, accessories, first aid kit, warning triangle, tools, accident record and an intact speedometer. All damage at the time of the handover which is not recognized by a professional is to be reported immediately after handover notwithstanding any warranty provisions. Otherwise you are held responsible for all of the resulting monetary disadvantages suffered by BLUE BOX, especially when there is lack of evidence or clarification.

You commit to handling the vehicle including the above mentioned equipment with care and returning it in the same condition at the time and date agreed in the agreement. BLUE BOX reserves the right to take the vehicle back into their possession at any time at your cost if there is culpable behavior not in accordance with the signed agreement. This is not effective for mere minor breaches which, viewed objectively, do not lead to monetary disadvantages for BLUE BOX.
 
In the case that the vehicle is returned late, late fees will be charged equaling the amount of time late (according to the agreed fee), however at least a minimum of one full day. If a special price was offered for the rental, the late fees will be charged at the normal price. Should the vehicle not be returned within 12 hours after the agreed time a police report will be filed automatically. The fees are to be paid ahead of time and an extension over the telephone is not possible.


Minimum age

The minimum age of the renter and/or driver for leasing an vehicle is 23 years. Furthermore the motorist must have had a valid driver’s license for at least the 5 previous years.


Use of vehicle

You commit to using the vehicle conscientiously and to adhering to legal regulations. In particular the vehicle is not allowed to be used for the following:

• Passenger or goods transportation in return for payment; unauthorized leasing to a third party,

• Racing, test runs and other sporting events,

• Transport of animals or goods that could lead to damage or soiling of the vehicle,

• By a person under the influence of alcohol or drugs or in any form not admissible by the valid driving regulations,

• For towing other vehicle or hauling items,

• In violation of traffic or other regulations,

• Furthermore the vehicle is only allowed to be operated by further persons if these persons have been mentioned beforehand in the rental agreement (as an authorized driver),

• Trips out of the country unless there was additional permission in writing. In the case that such written permission was given, you are responsible for compliance with the corresponding customs import and other regulations, and are liable- regardless of the circumstances- when you culpably impede indemnification through insurance or conditionally absent insurance coverage (such as in Asian Turkey).

You are to cover fuel costs.

Without additional approval of BLUE BOX, no changes or repairs are to be undergone unless the repair is necessary for the safe operation of the vehicle and BLUE BOX cannot be reached within a reasonable amount of time for permission.

During times when the vehicle is not being used, the doors, windows and the steering wheel lock are to be locked. If the vehicle has a security system, this anti-theft device (i.e. stop rod) is to be used at all times for ensured security. Similarly you must undergo all precautions so that the vehicle does not land in the hands of an unauthorized person.

If the vehicle is not used in compliance with the rental agreement conditions, you are held liable – albeit agreement of a reduction of liability and without a cap on the amount –
especially in cases of theft, loss, damage or partial damage to the vehicle.

BLUE BOX is required to do everything in their power to avoid mechanical problems or breakdowns of the vehicle. BLUE BOX assumes no liability for such problems or breakdowns or resulting losses and damage- except for physical injury- as long as neither they nor a person vouching for them acted deliberately or grossly negligent. Duty of replacement in accordance with the product liability act or similar provisions deriving liability of products for property damage to company property is excluded.


Accidents, breakdowns

In the case of a traffic accident, you and/or motorist are to act according to the legal provisions of the general insurance conditions for liability insurance and comprehensive insurance as well as the conditions given in this agreement. In particular the following is obligatory:

• Pull over immediately,

• Take measures to avoid further physical or property injuries or damage,

• Contribute to the determination of the facts of the case, name and address of all involved parties and witnesses, determine the license plate numbers of the involved vehicles and their liability insurer and sketch an authentic accident diagram (accident report) for BLUE BOX,

• Do not give a declaration of fault or liability,

• Immediately alert the nearest police or gendarmerie station and allow the accident to be recorded even if there are no physical injuries. If the police or gendarmerie refuse to acquire the accident data on the premises, a voluntary report can filed alternatively.  This must be done without delay,

• In cases where the other party is unknown, alert the nearest police or gendarmerie station and file a report or voluntary report,

• Inform BLUE BOX over the telephone, per telegraph, per fax and, if not otherwise possible, in writing and wait for their instructions regarding further action.

You and possible authorized drivers are covered by the vehicle liability insurance which can be seen in BLUE BOX’s office. In case of a breakdown, BLUE BOX is to be informed over the telephone, per telegraph, per fax and, if not otherwise possible, in writing and you are to wait for their instructions regarding further action.


Charges

You are committed to paying BLUE BOX the following fees for the use of the vehicle:

• Those mentioned in the agreement (i.e. given in the valid price list), although BLUE BOX is authorized to directly charge from the rental agreement or also retroactively using the payment means for coverage of the rental costs. In the case that you did not enter into the agreement personally (i.e. you were represented), the signer is liable for the amounts in the case that there was no existing power of representation,

• Fees for driven kilometers at the rates which are to be applied for each kilometer driven during the rental period.  For calculating the rental fees, only the numbers from the odometer are taken into consideration. Should the odometer malfunction, the fees are to be calculated using the distance given on a road map,

• Daily fees, fees for extended liability reduction, additional charges to the quoted rates in the agreement,

• Delivery and collection charges mentioned in the agreement. In the case that the vehicle is not brought back to the agreed upon place on time, BLUE BOX is authorized to charge for the additional time at the normal rate,

• All taxes to be paid,

• All charges, fines and costs which are a result of a traffic violation in conjunction with the use of the vehicle during or after the rental period (unless it can be proved BLUE BOX was at fault). These can be in your name, the name of BLUE BOX or under the car license tag number. In the case you feel BLUE BOX is responsible, you are responsible for proving your innocence, 

• In the case that you or authorized driver is involved in an automobile accident with the vehicle and the fault is at least partially yours or the authorized driver’s, BLUE BOX is not required to provide a substitute vehicle for the rest of the agreed upon rental period. You are, in this case, not entitled to a reduction of rental charges,

• All costs that BLUE BOX incurs for repairs or replacements due to vehicle damages (including fire, breakage of glass, theft or loss of the vehicle) including the costs for a replacement vehicle, retrieval, loss of value, damages for foregone earnings etc, provided you is partly to blame are to be borne by the renter (pursuant to Art. 1298 Austrian Civil Code you are responsible for proving your own innocence when you are in breach of contract). If, you are at fault and the insurance company will not pay damages, you are to cover these as well,

• In the case the vehicle was used in accordance with the rental conditions and the legal regulations, your liability is reduced so that the agreed upon maximum compensation is not exceeded or that it is reduced so that it is, at the most, the amount given in the valid price list. 

All of the costs which are necessary for litigation which BLUE BOX incurs for prosecution for the payment of payable fees, including appropriate lawyer costs as well as costs from prosecution claims concessionary collection agency according to fee guidelines from the Austrian Federal Chamber of Commerce 1993, defined pursuant to the Federal Law Gazette 141/1996. In the case of delayed payment, additional default interest in the amount of 14% p.a. for the amount due (however at least EUR 5) is stipulated.

A reduction in liability expires when the agreement conditions or legal regulations are breached culpably providing these breaches caused damages or impeded damages from the insurance company.

The accrued rental costs as well as possible damage payments are due immediately when the rented vehicle is returned to BLUE BOX.


Payment conditions

Before handover of the vehicle, BLUE BOX charges an advance as a guarantee to your credit card in an amount up to double the expected fee and the deductible (for instance Ferrari F430- EUR  5,000). The final fees - including VAT - are generally payable at the end of the rental period to BLUE BOX.  The payment option is determined by BLUE BOX. This is, however, definitely noncash and is exclusively per credit card. In the case of default, you are liable for all further incurred damages. Further claims from BLUE BOX remain unaffected.

If when signing the rental agreement identification papers other documents are handed over with the purpose of substantiating a right of retention, BLUE BOX is entitled to a right of retention until payment of the above mentioned rental charges. These include charges for possible late fees,  mentioned kilometer charges, mentioned daily fees, mentioned delivery and collection charges, mentioned taxes, mentioned charges, fines and costs which already exist at the point the vehicle is returned, other costs and the mentioned maximum liability amount, providing each of the mentioned positions are charged.


Insurance coverage

BLUE BOX guarantees based on the provisions of vehicle liability insurance and general insurance conditions within the scope of legal liability insurance. The amount of indemnity, your deductible, and the deductible in the case of a total loss or willful destruction are dependent on the vehicle category and are mentioned separately in the rental agreement. Personal items inside the vehicle from you or passengers are not insured.

The deductible in the case of an accident is 5% of the damages, however at least the following amounts:

Sports car: Liability amount of coverage= EUR 15,000,000 / including comprehensive coverage deductible from EUR 7,500

SUV: Liability amount of coverage= EUR 15,000,000 / including comprehensive coverage deductible from EUR 3,000

Other vehicles: Liability amount of coverage= EUR 15,000,000 / including comprehensive coverage deductible from EUR 1,500

A reduction of liability expires when the agreement conditions or legal regulations are breached. A reduction of liability is not possible for damages to the body, side mirrors, tires and rims due to the lack of insurance coverage. In all cases of damage, the damaged rims and tires will be traded out and not repaired due to the high performance of the vehicles and for safety reasons.

For such damages you are held liable, although pursuant to Art. 1298 Austrian Civil Code you are responsible for proving your own innocence if you feel you are not in breach of contract.


Final clause

If any part of this agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that (or other) jurisdiction of any other provision of this agreement. 

If you are a consumer as defined by the Austrian Consumer Protection Act and have your place of residency or domicile within Austria or are employed within Austria, the court of jurisdiction is determined according to the general rules of jurisdiction. Otherwise the court of law is the Salzburg Court of Law, 5020- Salzburg. The place of execution is Salzburg.