Terms and Conditions - Rental

General Terms and Conditions of Limbaecher & Limbaecher GmbH Motorbike Rental

Motorbike rental area Points 1 - 12

- hereinafter referred to as lessor.

1. Booking - Payment - Deposit - Cancellation

At least 25% of the rental price is required as a deposit to book and make a binding reservation for the motorcycle or e-bike rental. If no payment is made within 10 days after the invoice has been issued for the deposit or if the money is not credited to the lessor's account, the lessee's claim to the reserved vehicle expires and the lessor reserves the right to rent the vehicle to someone else. However, this does not mean that the reservation/booking is automatically canceled by the lessor, but that another vehicle may be available. Rental vehicles can also be rented at short notice.

If the booked vehicle rental is canceled by the customer more than 48 hours before the start of the rental, the customer will be reimbursed the full deposit minus a cancellation fee of 30% of the rental price. If you cancel within 48 hours before the start of the rental period, a cancellation fee of 90% of the rental price will be charged, which will be offset against the deposit. If the customer fails to inform the landlord about the cancellation of the booking before the planned start of the rental and only reports it afterwards or not at all, costs amounting to 100% of the rental price will be due.
If the landlord approves a rebooking, a processing fee of EUR 15.00 for motorcycles and EUR 10.00 for e-bikes is due.

The rental for the vehicle listed in the rental agreement corresponds to the current price list (previous price lists are no longer valid). The payment or final payment (in the case of a down payment) of the rental price and the deposit is made at the beginning of the rental period. The rental rate is determined at the latest when the contract is concluded and cannot be subsequently changed to possibly cheaper combined offers when the vehicle is returned. The customer is not entitled to a rental refund if the motorcycle is returned earlier or if the kilometers driven are less than those included in the tariff.

If necessary, the rental period can also be extended during the current rental period after consultation with the landlord and his express confirmation. The customer is not entitled to an extension, as this can only be confirmed on the condition that the desired rental vehicle is available after its rental period and is still available

not otherwise rented.

In addition to cash, cashless payment methods in the form of EC/Maestro cards and credit cards of the types American Express, VISA and Euro/MasterCard, as well as PayPal are also accepted as means of payment.

If the renter is not registered in Germany or if there is no German confirmation of registration, a deposit of EUR 1,000.00 will be retained when the rental vehicle is picked up. This is possible by credit card (for a rental period of up to 5 days) or in cash.

The agreed rental prices for the motorcycles include maintenance services, vehicle taxes, vehicle liability insurance and, if additionally agreed, fully comprehensive insurance, as well as the statutory value added tax. With a rental e-bike, maintenance services are included. Rental rates do not include: fuel - for the motorcycles only and any lubrication needs during the rental period, and insurance of personal belongings.

The calculation of the kilometers traveled always begins when the renter takes possession of the motorcycle, provided that the selected tariff does not state "kilometers free".

The lessor is entitled to demand the return of the vehicle at any time. In particular, Limbächer & Limbächer can terminate this vehicle usage contract without observing a notice period before the vehicle is made available to the user if Limbächer & Limbächer needs the vehicle itself.

Due to seasonal events and current weather conditions, the Limbächer & Limbächer company reserves the right to change or postpone the tour routes for the test rides and weekend tours and any associated accommodation and other services as necessary. The participant will not receive a refund of the rental price/tour price.

For the tours, the full amount must be paid 4 weeks in advance. Comprehensive insurance can also be taken out on site.

2. User's Insurance/Liability

The motorbikes and e-bikes are registered to the company Limbächer & Limbächer and have liability insurance. The sum insured is EUR 100 million for property damage and financial loss (limited to EUR 8 million for each injured person in the case of personal injury). No liability insurance is offered for an e-bike rental unless it drives over 25 km/h and has a license plate. Fully comprehensive insurance for e-bikes is not possible.

The user is liable to the lessor for any damage to the vehicle (including loss or confiscation) caused by him or an authorized driver from the time of taking over the vehicle until it is returned. The same applies if the damage - regardless of the degree of indebtedness - occurs as a result of use by an unauthorized driver, use outside of the agreed purpose or during the user's delay in returning the vehicle.

In any case, the customer is liable for all personal injury and damage to property caused by him. Damage caused by the customer includes, but is not limited to, damage that can be traced back to driving errors, a lack of driving skills or improper driving behavior. (e.g. driving on rear tires, cavalier start, non-compliance with safety distances, driving on footpaths, etc., etc.) Each renter and participant is responsible for himself and his passenger. This responsibility of the individual extends at all times and without restriction to all the provisions of the Road Traffic Act (StVO) but also the Road Traffic Licensing Act (StVZO).

The guide provided by Limbächer & Limbächer for the tours offered only provides an approximate driving route, whereby the customer follows this route on his own responsibility and is obliged to adapt his driving style to the prevailing conditions and his driving ability. If the customer is not able to follow a driving route, he must stop driving and report this to the guide immediately. The customer is solely responsible for the proper stowage of luggage on the vehicle. Limbächer & Limbächer is not liable for this. It is recommended not to carry personal valuables and documents in the vehicle (side pockets, etc.), but to keep them in an adjacent bag.

If you take out fully comprehensive insurance for a motorcycle rental, the following excess applies (SB): Class 1: €1,000.00, Classes 2-5: €2,500.00, Classes 6-7: €3,000.00, Class 8: €3,500.00, Class 9: €5,000.00.

In the case of reduced comprehensive insurance (against a surcharge of 50% of the comprehensive insurance premium), the following excess applies (SB): Class 1-9: €1,000.00.

We offer separate fully comprehensive insurance for the motorcycle test rides. Those signed separately by the customer apply.

Limbächer & Limbächer cannot offer vehicle insurance for customers who take part in a tour with their own vehicle.

The participant is responsible for luggage and property that the participant takes with him on the journey.

Test ride/tour participants who take part in a Limbächer & Limbächer tour with their own vehicle are responsible for the legally compliant and technically perfect condition of their vehicle.

3. Renter's Obligations

At the beginning of the rental period, a valid identity card or a passport with confirmation of registration and a valid driver's license for the rented motorcycle must be presented. All IDs must be presented in the original. If the lessee arrives 2 hours later than the agreed start of the rental period and the lessor has not been informed of this, Limbächer & Limbächer is entitled to no longer keep the vehicle free and to rent it out to the next customer.

The roadworthiness is to be checked before departure (tires - wear limit, if necessary, have them replaced by the rental company).

The renter may only use the motorcycle or e-bike if he is physically and mentally able to drive a vehicle safely and has sufficient driving experience on motorcycles. Use of the motorcycle under the influence of drugs, alcohol

or drugs that impair the ability to react is not permitted.

The rental vehicle was handed over in good condition. The driver undertakes to handle the motorcycle/e-bike carefully and to treat it professionally. The driver is obliged to observe all technical regulations and rules relevant to use and to regularly check whether the rental vehicle is in a roadworthy condition.

As long as the rented vehicle is not being used, it must be locked. The steering wheel lock must be engaged. Likewise, pay attention to the e-bike. If necessary, a bicycle lock with a key will be handed out for this purpose. When leaving the vehicle, the lessee must take the vehicle keys with him and keep them out of the reach of unauthorized persons.

The lessee is liable for all fees, charges, warnings, fines and penalties incurred in connection with the use of the rental vehicle for which the lessor is claimed.

The lessee must notify the lessor of any defects he discovers in the rental vehicle during the journey.

4. Delivery and return of the motorcycle

Only the driver named in the rental agreement is authorized to drive the motorcycle or e-bike. For each additional driver, the respective ID card and driver's license are required separately. The motorcycle is handed over outside the reserve area and must also be returned outside the reserve area. If the landlord has to refuel, a service fee of €15 will be charged. Unless otherwise agreed in writing, the vehicles will be taken back at the Limbächer & Limbächer GmbH headquarters, Echterdinger Str. 85, 70794 Filderstadt, Germany, within the posted business hours and the return time agreed in the rental agreement. If the return of the vehicle exceeds the return date by more than 2 hours, a daily rental of the respective vehicle will be charged according to the current price list. If it is impossible to meet the next rental date due to a delay, the damage incurred must be compensated to the lessor.

If the motorcycle or e-bike is parked in front of the business premises outside business hours and this causes damage to the vehicle, the renter is fully liable for this (if fully comprehensive insurance is booked, up to a maximum of the agreed deductible). The renter is obliged to park the motorcycle with the steering lock locked and to put the ignition key in the safe mailbox at the main entrance. The lessor will take back the rental vehicle on the next working day.

The lessee does not have the right to hold back the vehicle due to alleged claims from other legal relationships against Limbächer & Limbächer.

The renter is not obliged to return the motorcycle cleaned - however, if the motorcycle or e-bike is so heavily covered in dirt and mud that damage could be hidden, the lessor reserves the right to take it back after the next possible cleaning .

5. Use of the Motorcycle

The use of the rented motorbike or e-bike is restricted to public and asphalted roads. Any use of the motorcycle or e-bike in non-public areas, unpaved routes or off-road, as well as the use of the vehicles for competition purposes, driving school exercises and inappropriate vehicle use such as wheelies/burnouts is strictly prohibited. E-bikes that are equipped for the road may be used for this purpose, all other paths marked only for bicycles/e-bikes, as well as forest paths with a width of 2 meters may be used. The current regulations, including all regulations of the Road Traffic Act (StVO) and the Road Traffic Licensing Regulations (StVZO), always apply here. In particular, the lessee is prohibited from using the vehicle when it is unfit to drive, from making the motorcycle available to a third party who does not have a valid driver's license or is unfit to drive. In the event of infringement, the renter is fully liable for all property damage and personal injury.

The renter may not replace or remove any parts without written permission from the lessor. This also applies to additional equipment. The user may only have repairs carried out in an authorized workshop of the respective brand with the express consent of the lessor.

Trips abroad: The motorcycle may only be used in Germany or other European countries. Trips to other countries require the written consent of the landlord.

6. Repairs

Repairs to maintain the operational or traffic safety of the motorcycle may be commissioned by the lessee up to €500.00 by authorized workshops of the respective manufacturer and with the express consent of the lessor. The invoice amount will be paid to the renter upon presentation of the invoice, which must necessarily refer to:

Limbächer & Limbächer GmbH, Echterdinger Str. 85, DE-70794 Filderstadt, VAT ID number: DE147830712

(Net invoice in other EU countries)

must be issued, refunded.

In the event of downtime, which is caused by repairs for which the tenant is not responsible, the rental price is reduced in accordance with the downtime. Other costs such as hotel accommodation, expenses, missed activities and more are excluded.

Approval from Limbächer & Limbächer is required for e-bikes.

The lessee must pay for a flat tire himself if it cannot be proven that another cause has led to it, for which the lessee is not responsible. This applies to all rented vehicles.

7. Conduct/Obligations of the Hirer in the Event of an Accident

After an accident, fire, theft, damage caused by game or other damage, the lessee must notify the police and the lessor immediately, otherwise the lessor reserves the right to demand the full amount of damage from the lessee. This also applies to self-inflicted accidents without the involvement of third parties. The renter is fully liable for all self-inflicted damage (up to a maximum of the agreed deductible if fully comprehensive insurance is booked). In the event of disregard, such as inability to drive due to alcohol or intoxication, damage caused by driving on unpaved surfaces, driving on racetracks, as well as letting the rental vehicle to an unauthorized person, the renter shall bear the full amount of the damage.

The lessee undertakes not to acknowledge any guilt or undertake any other actions (payments, settlements) that could jeopardize the insurance cover for the motor vehicle without prior agreement with the lessor. The renter will secure evidence such as witnesses, traces, etc., determine the data of those involved in the accident and do everything that can contribute to the proper and complete clarification of the course of the accident. An accident report can be given to the renter before the start of the journey.

In the event of damage occurring without the possibility of continuing the journey, regardless of whether this was caused by the renter, e.g. due to a technical defect, the renter is responsible for transporting the vehicle back to the rental station.

A rental refund due to unused rental days is not possible.

No liability for damage caused by other rental vehicles from the lessor.

Brake damage and pure breakage, as well as operational damage caused by improper handling, for example a switching error or incorrect fueling, are not accidental damage and are at the expense of the renter.

8. Return transport to the rental station

If a repair costs more than EUR 500.00 or takes several days, the lessor has the right to pick up the vehicle free of charge within Germany. When driving abroad, the renter undertakes to bring the vehicle to a collection point in Germany at his own expense.

9. General Provisions

This agreement finally represents all agreements between the parties regarding the provision of the motorcycle or e-bike. Verbal collateral agreements do not exist. Changes and additions to this agreement or individual provisions must be made in writing to be effective. This also applies for the waiver of the written form requirement. Should this contract or individual provisions of it be wholly or partially invalid or have gaps, the validity of the remaining provisions shall remain unaffected. The parties are obliged to replace the invalid and/or incomplete provision with a valid or complete one that comes closest to the economic purpose and mutual interest. This agreement is exclusively subject to German law in its establishment, interpretation and implementation.

10. Notice according to §36 Consumer Dispute Settlement Act (VSBG)

We are willing to participate in a dispute settlement procedure at a consumer arbitration board.

11. Privacy

The lessee is informed that his personal data, as soon as they are required for business transactions, will be collected, processed and used by the lessor in accordance with the data protection regulations. Use can be revoked at any time in writing or by email.

Data collection, processing and use

1. The landlord collects, processes and uses personal data of the tenant/user for the purpose of processing the rental contract as the responsible body within the meaning of the Federal Data Protection Act.

This data can be transmitted for contractual purposes between the landlord and the company Limbächer & Limbächer as well as to other commissioned third parties (e.g. debt collection companies).

In addition, personal contract data may be passed on to authorities if and to the extent that the landlord is legally obliged to the respective authority (e.g. public prosecutor’s office). In addition, the landlord is entitled to personal data of the

Renter's response to inquiries from authorities in connection with reports that have arisen during the rental period, such as B. speeding tickets, fines and other fees. Transmission to other third parties only takes place if this is necessary for the fulfillment of the contract, e.g. B. to the renter's credit card company for the purpose of billing, so that they can claim the incurred fees or costs directly from the renter.

The landlord can also use personal data collected from the tenant for market research and advertising purposes within the scope of the legal possibilities.

The photos and videos taken on the tours by representatives/guides from Limbächer & Limbächer are the copyrighted property of Limbächer & Limbächer. Limbächer & Limbächer is entitled to use this material for advertising purposes, even if the participant can be identified from it, without Limbächer & Limbächer incurring any costs for the participant.

12. Other Rental Items

If other rental items, such as accessories in particular, are also rented with the rental agreement, the aforementioned provisions apply accordingly.

The place of jurisdiction is the registered office of the landlord.

Status: 01/19/2022