1. Scope
These General Rental Terms and Conditions apply to the contractual relationship between AMAG Automobil- und Motoren AG (hereinafter referred to as AMAG), Alte Steinhauserstrasse 1, 6330 Cham, as the Rental Company, and the renter (hereinafter referred to as the Customer) of a vehicle rented out by AMAG.
AMAG reserves the right to change the rental conditions at any time. However, the version of these General Rental Terms and Conditions in force at the time of conclusion of the legal transaction shall be authoritative and may not be unilaterally amended for this legal transaction. Any terms and conditions of the Customer that conflict with or deviate from these General Rental Terms and Conditions shall not be recognised.
Deliveries are made exclusively to addresses in Switzerland. The offer is valid as long as the product is advertised in the online shop.
2. Illustration of the product and product description
The vehicle offered is a vehicle that actually exists. There is always the possibility that there will be differences between the product photo and the original vehicle. The product photo is therefore non-binding and serves illustrative purposes only. Due to differences in country configurations, the actual equipment may differ from the equipment listed in the product description.
3. Features of the vehicle
The vehicle is described in the online shop. The vehicle offered is not a vehicle that has suffered significant damage in an accident (such as damage to the chassis structure/chassis frame or the like). The right is reserved to make minor, reasonable changes to the vehicle described in the rental contract with regard to shape, colour or scope of delivery. However, the Rental Company is not obligated to deliver a modified version. Measurements and data included in brochures, lists or elsewhere represent only approximate values. The energy data correspond to the type approval for the vehicle model at the time of the quote or rental contract, collected in statutory test operations. The specifications of the vehicle may differ for technical reasons or due to individual configuration. Different consumption levels may result in practice depending on the style of driving. The information on the energy efficiency class corresponds to the classification at the time of the quote or rental contract. The vehicle may be assigned a different efficiency class at the time of delivery (without changes in levels) due to annual statutory adjustments.
4. Conclusion of contract
The products and prices in the online shop are considered an offer, but this offer is always subject to availability.
The offer of products and services in the online shop (hereinafter referred to as the “offer”) is directed exclusively at natural persons or legal entities with legal capacity and a fixed place of residence or domicile in Switzerland. The renter must have a valid driving licence for the relevant vehicle category and, according to AMAG’s discretion, be of sufficient creditworthiness or of sound financial position to meet the financial obligations arising from this contract. The existence of the prerequisites for the conclusion of a contract is verified by AMAG. To this end, the Customer is asked to provide various details about themselves and their financial circumstances and to submit corresponding documents. As soon as the Customer has received the written order confirmation by e-mail, the rental contract is concluded for products or services, subject to availability and a positive credit rating.
4.1 Use
The Customer may only use the vehicle for private and commercial purposes. They may not use the vehicle for racing competitions involving speed, endurance, skill or other factors, for the transport of hazardous goods, for participation in driver safety training or for similar purposes.
4.1.1 Use for commercial passenger transport
Use of the vehicle for commercial passenger transport (as a taxi, Uber, etc.) is prohibited.
4.2 Authorised Users
The Customer may also allow third parties (hereinafter “Authorised Users”) to use the vehicle, provided that they meet the requirements applicable to the Customer and are willing to comply with the obligations defined in these General Rental Terms and Conditions.
The Customer must ensure that the Authorised Users fulfil these requirements at all times. As a contractual partner of AMAG, the Customer is responsible for the Authorised Users’ compliance with the contractual obligations. The Customer shall provide AMAG with the personal details of the Authorised Users upon request, ensuring beforehand that the Authorised Users are informed of this and of the associated data processing.
4.3 Travel outside of Switzerland
The vehicle will be used primarily in Switzerland. The vehicle may also be driven abroad (e.g. for holiday purposes). Use of the vehicle is limited to the following countries:
Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Vatican City State.
For travel outside Switzerland, the Customer is obliged to carry in the vehicle any additional documents and safety accessories required for this purpose, such as safety vests or first-aid kits. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].
5. Rental period and notice periods
5.1 Subscription periods
The Customer and AMAG agree on a minimum rental period and a maximum rental period. The agreed minimum rental period can be viewed in the Customer account and begins on the day the vehicle is handed over to the Customer. The maximum rental period is 24 months.
After expiry of the respective minimum rental period, the subscription is automatically extended by one month until duly terminated or until the end of the maximum rental period is reached.
5.2 Notice period
After expiry of the minimum rental period, either party may terminate the rental relationship as of the end of the subscription month (depending on the date of handover of the rental vehicle) by giving 30 days’ notice. The right to terminate the contract prematurely in accordance with section 14 is reserved. Returning the vehicle before the last day of a subscription month does not lead to an early termination of the contract and therefore also not to a pro rata calculation of the cost of the last subscription month. If the Customer does not make use of their right of termination, the contract ends automatically upon expiry of the maximum rental period. The right to terminate the contract prematurely in accordance with section 14 is reserved.
AMAG reserves the right to adjust both vehicle-dependent and vehicle-independent prices and will communicate this to the Customer in writing. The agreed conditions apply in each case for the contractual minimum rental period or until the next possible termination date.
5.3 Requesting a replacement vehicle
The Customer may not request a different vehicle during the minimum rental period. If the Customer is provided with a different vehicle after the end of the minimum term, a new minimum rental period begins for the new vehicle. It is not possible to be credited for the rental period of the previous vehicle in regard to the new minimum rental period for the new vehicle.
6. Subscription fee and other payment obligations
6.1 Subscription fee
The subscription fee for the first subscription month will be charged to the Customer’s credit card on the day the vehicle is handed over. For all subsequent months of use, the Customer’s credit card will be charged in the amount of the defined subscription fee on the same day of the month that the original handover took place. The credit card will be charged monthly by a payment service provider authorised by AMAG.
6.2 Late payment or an expired credit card
6.2.1 Credit card invalid
The Customer will be notified of their expiring credit card by the payment service provider used by AMAG. If the validity period of the Customer’s credit card has expired, the Customer will receive an e-mail request to update the credit card information.
6.3 Payment default, late payment
If the instalment cannot be collected by credit card within one week after the due date, the Customer will receive a reminder. If the Customer does not respond to this reminder within a period of five (5) working days, the Customer will receive notice of termination of the contract and a request to return the vehicle. The Customer will also be asked to settle outstanding invoices upon return of the vehicle.
6.4 Kilometre bundles
If, at the end of the rental period, the selected mileage is found to have been exceeded by the Customer, the additional kilometres will be charged to the Customer when the rental period ends. AMAG charges the Customer CHF 0.75 per additional kilometre. Kilometres not driven within a given month of the rental period will be carried over to the following months of the rental period.
No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.
6.5 Additional fees
Additional remuneration for AMAG operational costs incurred include:
a) Address research CHF 25.–
b) Payment reminder if payment is not on time CHF 30.–
c) Debt collection CHF 50.– plus actual external costs of debt collection
d) Retrieval of the vehicle in case of breach of contract CHF 500.–
e) Removal of general heavy soiling CHF 250.–
f) Removal of heavy soiling of the vehicle caused by animals CHF 250.–
g) Removal of heavy soiling of the vehicle caused by smoking CHF 450.–
h) Independent expert in case of differences of opinion CHF 800.–
6.6 Miscellaneous
All payments owed in connection with the rental contract are in CHF and include statutory VAT. If the rate of VAT changes, the monthly subscription fee and the other remuneration provided for in these General Rental Terms and Conditions shall be appropriately adjusted. The same rule applies to all other newly introduced or raised public fees relevant to the rental relationship.
7. Ownership and right of disposal
7.1 Details of ownership
The vehicle remains the property of AMAG for the entire duration of the contract. Rights in rem or a right of retention of the vehicle on the part of the Customer for the purpose of asserting claims against AMAG are excluded.
Disposals of the vehicle and its accessories are prohibited (such as sale, pledging or gifting/donation). AMAG is entitled to register a reservation of title (with prohibition of change in ownership). The Customer must keep the vehicle free of the rights of third parties. The Customer must not sell, rent or pledge it, or transfer it by way of gift or security.
7.2 Registration and number plates
The vehicle is registered under AMAG at the responsible driver and vehicle licensing office. Code 178 “Change in ownership prohibited” is entered on the vehicle registration card, and the name and address of the Customer is entered as the location address. The number plates are issued on the basis of the Customer’s canton of residence. It is not possible for AMAG to take over the Customer’s existing number plates. In the event of a subsequent purchase of the car by the Customer, the Customer can make no claim to the number plate affixed during the subscription period.
7.3 Entitlement to disposition
As the owner of the vehicle, AMAG is also entitled to have the vehicle inspected and serviced at any time. The Customer is obliged to cooperate in this regard and hereby irrevocably grants AMAG access to the location where the vehicle is located. If the inspection reveals conduct on the part of the Customer that is in breach of the contract, the Customer shall bear the associated expenses.
8. Availability
AMAG attaches great importance to providing up-to-date and accurate information on availability in the online shop. Particularly if there is a great deal of interest in a product, it may be that the product appears in the online shop but is no longer available. All information on availability is therefore without guarantee and may change before conclusion of the legal transaction.
9. Vehicle handover
The booked vehicle will be handed over by the Customer at an AMAG business or, in the case of home delivery, at the Customer’s place of residence. The date of handover is agreed between AMAG and the Customer. The vehicle is handed over with a full tank of petrol/fully charged and with the currently valid motorway vignette. In case of a home delivery, the fuel or electricity consumed is to be paid for by the Customer. The agreed contractual period begins with handover of the vehicle.
9.1 Identification
At handover of the vehicle, the Customer must be able to identify themselves and present a valid driving licence. The Customer must be available in person to accept the vehicle.
9.2 Handover protocol
A handover protocol to be signed by the Customer is issued at the handover appointment. The Customer must inspect the vehicle at the handover appointment and note any defects on the handover protocol. In the event of serious defects or discrepancies between the ordered and delivered vehicle, the Customer should refuse to accept the vehicle.
If the Customer claims that a defect or damage was present at the appointment for handover of the vehicle, the Customer is responsible for proving that this is true.
10. Overview of the included services
The monthly subscription fee (rent) includes:
a) The use of the vehicle during the rental period within the scope of the kilometres included in the agreed monthly package
b) Summer and winter tyres as well as changing and storage of the same
c) A Swiss motorway vignette for the year in which the rental contract starts
d) All approval and registration fees, vehicle taxes and charges
e) Insurance coverage according to section 10.6
f) All service, maintenance and repairs, as long as such work has not been made necessary by the Customer using the vehicle in a manner that violates the contract
g) Currently applicable statutory value-added tax of 7.7% (as of 1 January 2021). AMAG Automobil- und Motoren AG, 6330 Cham, VAT no.: CHE-499.644.421 MWST
All other costs associated with operating and keeping the vehicle are borne by the Customer. This applies in particular to costs for fuel consumption, electricity, charging infrastructure, charging cards, wiper fluid, AdBlue, cleaning costs during the period of the contract or with regard to return of the vehicle, toll fees for roads in other countries, etc.
10.1 Inspection/maintenance/wear and tear
The Customer must take care when using the vehicle and regularly check the levels of oil and water as well as the tyre pressure. The vehicle may only be driven in a safe condition that is in accordance with legal requirements.
10.1.1 Arranging an appointment
The Customer shall take the vehicle to be serviced as soon as a service indicator is activated in the vehicle. The vehicle may only be maintained and repaired at AMAG businesses. AMAG bears the costs for inspection and maintenance. All AMAG businesses can be found at www.amag.ch.
Carrying out service work or other work at a non-AMAG business is prohibited, and the resulting costs as well as any dismantling and/or inspection work by an AMAG company shall be borne by the Customer. Exceptions to this are repair work due to a breakdown outside of Switzerland.
The Customer can book a service appointment at the AMAG business in their vicinity by making an appointment online (www.amag.ch) or by telephone. If you have any questions or are unsure about anything, you can contact AMAG’s Customer Care Center at any time.
10.1.2 Replacement vehicle if the rented vehicle needs an extensive stay in the workshop
In the event of the workshop work lasting more than two hours on the vehicle listed below, AMAG will offer the Customer a replacement vehicle for the duration of the workshop work so that the Customer does not experience any loss of vehicle due to workshop work: Warranty work, service and inspection, as well as if the repair work is necessary due to no fault of the Customer. There is no entitlement to replacement mobility for workshop work lasting less than two hours or for tyre changes. The type of replacement vehicle depends on availability. To the extent possible, the needs of the Customer are taken into account. There is no entitlement to a specific model as a replacement vehicle.
10.2 Roadworthiness approval and vehicle taxes
AMAG bears all costs for roadworthiness approval as well as the applicable vehicle taxes.
10.3 Motorway vignette
The vehicle is handed over to the Customer with a valid vignette. If the period of the contract extends beyond a turn of the year, the Customer is responsible for changing the vignette. The costs for the new vignette are to be borne by the Customer.
10.4 Tyres
At handover of the vehicle, AMAG shall ensure that the vehicle has the correct tyres. AMAG decides on the size, make, brand and material of the respective tyres at its own discretion.
10.4.1 Change of season
The Customer is responsible for making arrangements for changing winter or summer tyres in good time. The Customer is to arrange the precise date and time of the tyre change directly with an AMAG business. The removed tyres are stored at the AMAG business. Tyre change and storage are free of charge for the Customer.
10.5 Fluids
If the Customer finds that the level of the following fluids is too low, they need to have them topped up at an AMAG business and have them checked for leakage if necessary:
§ Motor oil
§ Gear oil
§ Servo oil
§ Brake fluid
§ Coolant
The costs shall be borne by AMAG.
If the Customer finds that the level of the following fluids is too low, they need to top them up on their own:
§ Wiper fluid
§ Fuels of all kinds, including AdBlue
The costs shall be borne by the Customer.
10.6 Insurance
For the duration of the rental period, the vehicle must have:
a) Legally required motor vehicle liability insurance cover
b) Comprehensive insurance in case of collision
c) Partial comprehensive coverage
d) Parking damage PLUS insurance
e) Gross negligence protection (waiver of the statutory right of recourse or reduction)
The costs of the insurance are included in the rental fee. Intentional damage or damage caused by gross negligence is excluded from the insurance cover.
Excesses:
Third-party insurance: CHF 0.–/CHF 2000.–*
Comprehensive insurance (collision): CHF 1000.–/CHF 3000.–*
Partial comprehensive insurance cover: CHF 0.–/CHF 0.–*
Parking damage: CHF 0.–/CHF 0.–*
* Applies only to drivers under 25 years of age.
10.6.1 General Terms and Conditions of Insurance (GTCI)
In addition to the rental contract, the relevant General Terms and Conditions of Insurance of Zurich Insurance Company Ltd as amended and available online [Insurance for Private Individuals – Zurich Switzerland] shall apply, the provisions of which shall take precedence over these provisions in the event of a conflict. Customers agree to comply with the provisions of the GTCI as if they themselves were the policyholders. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].
10.6.2 Exclusions
10.6.2.1 Third-party insurance
No insurance cover is provided for:
1. Property damage
Claims arising from damage to the owner’s property, damage to the insured vehicle or trailer and damage to property and animals on/in these vehicles as well as property transported with them. However, damage to objects carried by other persons, such as luggage and the like, is insured.
2. Races and similar driving activity
Claims arising from accidents during races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads. However, for events of this kind in Switzerland and the Principality of Liechtenstein, claims by third parties within the meaning of Article 72(4) of the Road Traffic Act (SVG) are only excluded if the legally required insurance exists for the relevant events.
3. Illicit driving
The liability of drivers who do not possess the legally required learner’s permits or driving licences, who drive without a prescribed escort or who give unauthorised rides to other people, and the liability of persons who entrust the insured vehicle to the care of such drivers although they could have recognised these shortcomings.
4. Unauthorised journeys
Liability in connection with driving that is not authorised by law or by the authorities and the liability of persons who use the entrusted vehicle for driving for which they are not authorised.
5. Joyrides
The liability of people who have stolen the insured vehicle for use and the liability of the driver who knew or could have known of the theft.
6. Crime
Claims arising from accidents in connection with the intentional commission of crimes or misdemeanours or with attempts to commit crimes or misdemeanours.
7. Nuclear energy
Claims arising from damage for which liability is assumed according to legislation on nuclear energy.
10.6.2.2 Recourse
The statutory provisions give the injured party the right to assert their claims directly against Zurich. For this reason, the exclusions pursuant to:
1. Illicit driving
2. Unauthorised journeys
3. Joyrides
4. Crime
cannot be held against the injured party. If legal or contractual reasons provide for restrictions of the insurance cover (in regard to driving while intoxicated, for example) or cancellation of insurance cover (in regard to driving without a legally required driving licence, for example), Zurich may reclaim its expenses from the insured person in part or in full. Zurich can also reclaim its expenses if Zurich has to provide benefits even though the insurance has already lapsed.
10.6.2.3 Comprehensive insurance
The following are not insured:
1. Breakdowns
§ Breakdowns, breakage damage and wear-and-tear damage
§ Damage caused by operating procedures or due to filling with incorrect fuels/fluids
§ Damage due to lack of oil
§ Damage due to absence or freezing of the cooling water
§ Damage that only affects the batteries
§ Damage caused by the load (except if the damage follows an event insured under collision)
2. Reduced value and loss of use
Reduced value (reduction of the market value due to a repair, reduced performance or usability of the vehicle) as well as loss of use.
3. Races and similar driving activity
Damage during participation in races, rallies and similar competitions as well as all driving activity on racetracks and associated secondary roads.
4. Illicit driving
Damage when the vehicle is being driven by a driver who does not possess the legally required learner’s permit or driving licence, who drives without a prescribed escort or who gives unauthorised rides to other people, provided that the insured person could have been aware of these shortcomings.
5. Unauthorised journeys
Damage during journeys that are not authorised by the authorities or by law.
6. Alcohol/violation of traffic rules
Damage when the driver has a blood alcohol content of 1.6‰ (minimum value) or more at the time of the accident or is unfit to drive because they are taking drugs or are under the influence of medication with a narcotic effect. If no blood sample was taken but instead only a breathalyser was used, the same applies if the concentration of alcohol in the breath was 0.80 mg/l or more. In addition, damage caused by particularly blatant disregard for the maximum speed limit, reckless overtaking or participation in an unauthorised race with motor vehicles in accordance with Article 90(3) of the Road Traffic Act (SVG).
7. Special incidents of theft
§ Theft of fuel
8. Crime
Damage in connection with intentional commission of crimes or misdemeanours or with related attempts.
9. State of emergency
Damage in the event of warlike events, violations of neutrality, revolution, rebellion, insurrection, earthquakes, volcanic eruptions or changes in the structure of the atomic nucleus, unless the damage can be proven to be unrelated to these events.
Damage in the event of civil unrest (acts of violence against persons or property on the occasion of a riot or disturbance) unless it can be proven that reasonable precautions were taken to prevent the damage; damage during official requisition of the vehicle.
10.6.3 Liability for non-covered damage
If insurance benefits for liability and comprehensive damage are excluded or reduced in accordance with section 10.6.2 due to culpable conduct of the Customer, AMAG is entitled to invoice the Customer for the damage not covered by the insurance.
In the event of a claim, the Customer shall bear the contractually agreed excess within the framework of the comprehensive and liability insurance in accordance with section 10.6.
11. Breakdown and damage events
11.1 What to do in the event of a breakdown
In the event of a breakdown, the Totalmobil! breakdown assistance must be notified:
Telephone: +41 848 024 365
11.2 What to do in the event of accidents, theft, damage caused by wild animals
In the event of events such as accident, theft, loss, fire, damage caused by wild animals or other damage, as well as in case of the assertion of claims by third parties, the Customer must immediately contact the police and have a police report drawn up. This also applies in the case of at-fault accidents not involving a third party.
11.3 Reporting damage
In the event of damage of any kind, the Customer must use the damage form at www.amag.ch or use the link in the Customer dashboard to notify AMAG within five (5) working days. The Customer must complete the insurance claims form truthfully and in full. If claims reports are received late, or if the Customer is responsible for delays in the claims process, AMAG reserves the right to charge an appropriate processing fee. AMAG also reserves the right to claw back from the Customer any financial losses caused either directly or indirectly by a delay for which the Customer is responsible or by a breach of the Customer’s obligation to cooperate.
Recognition of third-party claims is not permitted. The Customer must follow the instructions of AMAG and/or the insurer with regard to repairing damage.
11.4 Damage that is not covered
Vehicle damage (including minor damage, such as minor damage to paintwork that can be polished up or the replacement of small components screwed or stuck on to the vehicle) that is not covered by comprehensive insurance or that falls within the excess of the fully comprehensive coverage, as well as the full excess in the case of damage caused by collision, will be borne by the Customer.
11.5 Total loss
In the case of total loss (write-off) or theft of the vehicle, AMAG has the right to terminate the contract without notice.
12. Duties of the renter
12.1 Compliance with laws and regulations
The Customer must fulfil all legal obligations resulting from operating and keeping the vehicle. They must observe all traffic regulations in Switzerland and abroad. When driving abroad, the Customer must carry all necessary documents and additional safety equipment, such as safety vests, etc., in the vehicle. The International Insurance Card (Green Card) can be ordered through Zurich [International Insurance Card – Zurich Switzerland].
12.2 Compliance with operational and servicing instructions
The Customer must ensure that the vehicle is maintained and serviced in accordance with the manufacturer’s instructions for operation and servicing. The vehicle must always be kept in an operational and roadworthy condition. The transportation of flammable, explosive, poisonous or otherwise dangerous substances is prohibited.
12.3 Number plates
The Customer may not drive the vehicle on public roads without the number plates attached by AMAG. Changing the number plates or attaching them to other vehicles is not permitted.
12.4 Fuel
The Customer must observe the regulations applicable to the vehicle regarding the fuel to be used. Along with petrol and diesel, this includes electricity and any other possibilities for powering a vehicle. Damage resulting from incorrect refuelling must be borne by the Customer.
12.5 Cleanliness and ban on smoking
The Customer is responsible for ensuring that there is no smoking within the vehicle and that the vehicle is kept clean. The ban on smoking also applies to e-cigarettes.
12.6 Animal transport
Animals may only be transported in designated transport boxes in the luggage
compartment.
12.7 Fittings, installations, labels
Fittings, installations and labels may be added to the vehicle by the Customer as long as the vehicle’s value is not compromised as a result. At AMAG’s option, installations and labels may pass into AMAG’s ownership without entitlement to reimbursement or compensation, or the Customer will be required to have them removed at their own cost to restore the vehicle to its original condition.
12.8 Anti-theft protection
The vehicle must be appropriately protected against theft. Windows and doors must be closed and locked properly on leaving the vehicle.
12.9 Monetary penalties and fines
Fines and monetary penalties owed by the Customer for breaches of traffic regulations must be borne by the Customer, along with any corresponding legal costs. The Customer shall indemnify AMAG as vehicle owner for any such claims without delay.
12.10 Change of address
The Customer must inform AMAG in good time of any planned change of domicile. If the Customer intends to move their domicile abroad, AMAG has the right to terminate this contract as of the date of relocation. A change of address can be taken care of through Customer Care (customer.care@amag.ch).
12.11 Obligation of the Customer to cooperate and provide information
To the extent required for processing the rental contract or for complying with legal regulations, the Customer shall provide AMAG with all required information, such as in regard to other users of the vehicle (especially if they have violated a traffic regulation), about the threat of seizure of the vehicle by a public authority and about other relevant matters. AMAG has the right to disclose this information, including personal details, to the relevant authorities.
The loss of keys or other vehicle accessories must be reported to AMAG without delay.
13. Vehicle return
13.1 Condition and place of return
At the end of the rental period or in the event of premature termination of the contract, the vehicle must be returned by the Customer with a full tank and in an undamaged, cleaned, roadworthy condition corresponding to its age and mileage, along with all keys and corresponding components and documents. AMAG and the Customer shall agree on a date and time for return of the vehicle. The Customer can return the vehicle to an AMAG business. It is not possible for the Customer to have the vehicle collected from their home.
13.2 Additional kilometres
If the Customer has driven more kilometres than agreed for the subscription period, the cost for the additional kilometres will be invoiced to the Customer in the final invoice. The cost per additional kilometre is CHF 0.75.
No reimbursement will be provided for any agreed kilometres that are not driven. It is not possible to transfer the kilometres not driven to a new subscription or vehicle.
13.3 Return protocol
On return, a return protocol on the condition of the vehicle shall be issued in the presence of the Customer or their representative. The return protocol will record the return of the vehicle including associated components and documents as well as any identifiable damage. Should the Customer refrain from being present in person at the return, the return protocol shall be deemed accepted without the Customer’s signature.
13.4 Liability for damage and missing items
The Customer is liable for all missing vehicle items, such as keys, etc., as well as for any required repair and servicing work that has been caused by use of the vehicle contrary to the contract by the Customer or persons for whom they are responsible according to the rental contract.
Normal signs of use such as small traces of stone chips or scratches around the tank cap, door handles and boot lid handles, shall not be deemed as damage caused by the Customer. The details of what counts as usual signs of use are to be found in the catalogue of damages.
13.5 Failure to return
If the Customer does not return the vehicle to the agreed location on the agreed date, AMAG is entitled, after one unsuccessful reminder, to have the vehicle collected from the Customer at the Customer’s expense, without requiring a judicial order to this effect or a deposit. AMAG and authorised third parties are entitled to enter the plot of land or building belonging to the Customer where the rental vehicle is located for the purpose of retrieving the vehicle.
13.6 Takeover of the vehicle after the rental period
As an alternative to returning the vehicle, the Customer can purchase the vehicle or take out a lease. In case of interest, the purchase price as well as the leasing conditions will be made known to the Customer after the end of the rental period. The further details and conditions will be regulated in a separate purchase contract.
13.7 Final invoice
After the vehicle is returned, AMAG will prepare a final invoice with the following items:
a) If applicable, costs for exceeding the contractually agreed subscription kilometres in accordance with the agreed rate for additional kilometres
b) If applicable, costs for repairing damage that does not correspond to normal wear and tear
c) If applicable, costs for replacing or re-procuring documents, keys and other accessories
The final invoice must be paid within 30 days of the invoice date.
14. Early termination of contract
Both parties are entitled to terminate the contract for cause without notice at any time.
Cause in this context refers to any breach of an essential contractual provision.
Examples of breaches of essential contractual provisions by the Customer include in particular:
a) Payment default of more than 30 days
b) Filing for private bankruptcy or insolvency
c) Serious breach of traffic regulations and driving in an unfit state
d) Revocation of driving licence
e) Use of the vehicle in a manner not in accordance with the contract
f) Removal of the adapter for recording telemetric data (autoSense)
g) Violation of the renter’s obligations
h) Failure to cooperate in case of damage
i) Breach of money laundering regulations or other statutory regulations that could entail a risk to the reputation of AMAG
Examples of breaches of essential contractual provisions by AMAG include in particular:
a) Prolonged impossibility of vehicle use for technical reasons that cannot be remedied by AMAG within a reasonable period of time. This also includes a total loss of the vehicle stemming from an accident. AMAG is entitled to provide the Customer with a replacement vehicle of a value that is at least equivalent to the original vehicle.
14.1 Costs in the event of early termination of the contract
The effective date of return of the vehicle to AMAG is deemed to be the date of early termination of the contract.
The costs for early termination of the contract due to a breach of an essential contractual provision by the Customer are calculated as follows:
· The agreed rent is owed until the date of termination of the contract.
· 65% of the agreed rent from the date of termination of the contract until the end of the agreed minimum rental period is owed.
· The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.75. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.
· The costs are calculated precisely to the day.
The costs for early termination of the contract due to a breach of an essential contractual provision by AMAG are calculated as follows:
· The agreed rent is owed until the date of termination of the contract.
· The included kilometres are calculated pro rata as of the date of early termination of the contract. The cost per additional kilometre is CHF 0.75. Any additional kilometres will be charged pro rata as of the date of early termination of the contract. No reimbursement will be provided for any agreed kilometres that are not driven.
· The costs are calculated precisely to the day.
15. Liability
Liability shall be governed by the applicable statutory provisions. However, AMAG shall in no event be liable for (i) slight negligence, (ii) indirect and consequential damages and lost profits, (iii) unrealised savings, (iv) damages arising from delay in delivery or (v) any acts and omissions of AMAG’s auxiliary persons, whether contractual or non-contractual.
In all other respects, AMAG shall decline liability in the following cases:
• Improper, non-contractual or unlawful storage, adjustment or use of the products
• Use of incompatible spare parts or accessories (such as incorrect supply of power)
• Failure to properly maintain and/or improper modification or repair of products by the Customer or a third party
• Force majeure, in particular damage caused by the elements, moisture, falls, impacts, etc., for which AMAG is not responsible, and official decrees
16. Data protection
The AMAG Group’s Privacy Policy applies to the processing of personal information by AMAG.
16.1 Travel data
In addition to the data protection provisions that are also a component of this contract, the Customer agrees that AMAG will be informed electronically and on an ongoing basis, as part of the autoSense system, of all data pertaining to the vehicle; in particular the current odometer reading of the vehicle. To make this possible, an adapter which allows the corresponding data to be read out is fitted in the vehicle. This adapter must not be removed.
17. Partial invalidity
Should individual provisions of these General Rental Terms and Conditions become invalid or ineffective, this circumstance shall not affect the validity of the remaining provisions and these General Rental Terms and Conditions as a whole.
18. Jurisdiction and applicable law
All legal relationships between AMAG and the Customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The place of jurisdiction for all disputes arising from this contract is the registered office of AMAG Automobil- und Motoren AG in Cham, Zug. However, AMAG Automobil- und Motoren AG reserves the right to take legal action in the place where the registered office of the defending contracting party is located. Cases in which the law of civil procedure prescribes a different place of jurisdiction are excluded from the clause assigning jurisdiction.
Audi
SEAT
Škoda
CUPRA
VW Commercial Vehicles
Bentley
Microlino
Emergency
Appointment
Arrange an appointment
Report a damage
1. Scope
