Condiciones generales de contratación

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1. General

1.1

Driveboo AG operates the website www.driveboo.com. It does not itself let any rental vehicles, but merely acts as an intermediary agency. The user therefore concludes an agency contract with the following "Terms and Conditions" (hereinafter referred to as "TC") with Driveboo AG, which the user (hereinafter referred to as “user” / service recipient”) agrees to by using the website. If the user does not agree to the following TC, he/she is not entitled to use the website. Terms and conditions of the user do not apply or form part of the contract.

1.2

The contract for the use of the rental car is concluded on site between the service recipient and the respective organizer or the rental car company (collectively "car rental providers"). For these contracts with the car rental providers, the terms and conditions of the respective car rental provider shall apply. In respect of the following car rental providers, the rental car agreement comes into existence directly through the car rental providers: Alamo, Enterprise, Europcar. For the car rental providers Thrifty Croatia/Slovenia/Bosnia/Serbien, JACE, Greenmotion, ACE Australia, Right Cars Vehicle Rental Ltd, Locationauto, ACE New Zealand, Easirent, Sixt Cyprus, Oryx rent a car, Hertz Romania, Hertz, Jumbo Car Reunion, FairCar Iceland, Dollar Portugal, Adobe Costa Rica, HERTZ Mexico, Buchbinder Deutschland, Localiza Argentina, Autos Valls, Auto Europe, Argus Car Hire, Thrifty Canaries, Drive-A-Matic car rentals, Mex Rent a Car, Dollar Costa Rica, Thrifty Mexico, addCar rental, Discount Car rentals, Rentalcars.com, Hertz Reunion, Nova Rent a Car, Fox Rent-a-car, Dollar Rent a Car Panama, Sicily By Car Spa, JumboCar Martinique, Advantage OPCO LLC, Sixt Mexico, Express travel group limited, Rent a car Guadeloupe, Thrifty Europe, MicronNexus, Megadrive Autovermietung, Holiday Autos, AirCar Car rental, Dollar US, Thrifty New Zealand, ITALY CAR RENT - WINFED SRL, Unidas, movida rent a car, Hiper rent a car, Dollar Europe, ACTIVE Car Rental, Hawk rent a car, Sixt Greece, CarTrawler, Thrifty Dominican Republic, Essence Car Rental, Maggiore Rent SpA, Bidvest Car rental, Hertz Balearics and Canaries, Jumbo Car Guadeloupe, Nokta Rent A Car, Hertz Bulgaria, Thrifty VAE, the agreement to the use of the rental car is concluded on site. The service recipient receives a voucher including the terms of the rental contract, which may differ to the terms of the Driveboo AG. In this case, the service recipient has to assert the terms that are most favourable to him/her vis-a-vis the car rental providers (eg full insurance without deductions offered by Driveboo AG, with deductions offered on site by the car rental company; in the case of damage, the customer has to pay deductions to the car rental company on site and will then be reimbursed by Driveboo AG.) In so far as the services of foreign car rental provider are used, foreign law may also be applicable to these service contracts. Driveboo AG is not obliged to check the information provided by each respective car rental provider. You can view the terms and conditions of the individual organizers online at www.driveboo.com/terms.html .

2. Subject Matter of the Contract

2.1

The user has the option of reserving a rental car via www.driveboo.com By completing the form fields and the booking process, the customer authorizes www.driveboo.com to arrange a rental car, i.e. to forward the user information to the respective car rental provider. The contractual obligation of Driveboo AG is limited to the proper transfer of the information in relation to the booked rental car. The fulfilment of the booked car rental service as such, does not form part of the contractual obligations of Driveboo AG.

2.2

The user is obliged to immediately check the validity of the booking confirmation after it is sent to him/her, and to indicate any mistakes to the car rental provider with whom the booking was made. A delayed indication of mistakes or deviations will not be considered and more particularly does not allow for withdrawal from the contract.

2.3

The customer is bound to the booking by accepting the order through www.driveboo.com or through the car rental provider, i.e. by the receipt of the written (primarily via e-mail) confirmation. If Driveboo AG or the car rental provider does not confirm the booking within 72 hours, the customer's commitment to the order shall lapse.

2.4

The booking confirmation must be presented upon the collection of the rental car. As an intermediary agency, Driveboo AG is responsible exclusively for the proper transfer of the information in respect of the rental car service. It does not assume on site liability for rental contracts that did not come into existence because of a failure to confirm the booking, or a hereby resulting failure of the vehicle transfer.

2.5

If the agency service is unsatisfactory, Driveboo AG should be made aware immediately and should be given an opportunity to remedy the situation. If no such communication is negligently made, entitlements under the agency contract will lapse, in so far as a reasonable remedy by Driveboo AG would have been possible.

3.Liability

3.1

Since the provision of the rental services depend on the respective car rental provider and do not form part of the existing contract with Driveboo AG, Driveboo AG is not liable for these, in particular the implementation and the quality.

3.2

The various details of the rental services will depend on those of the respective car rental providers. Those contractual obligations and duties do not constitute a warranty on behalf of Driveboo AG. Driveboo AG assumes no responsibility for the accuracy, completeness, up to date-ness or other quality aspects of such content and is precluded from liability in this respect. Many of the rental services shown on the websites are limited. Driveboo AG is not liable for the availability of a service at the time of booking. This does not apply if Driveboo AG was aware of invalid information or ought to have been aware having used industry-standard care. In the latter case, liability is limited to cases of gross negligence / intent.

3.3

Driveboo AG only assumes liability towards the user/ service recipient for proper transfer in the framework of the duty of care of a prudent businessman, i.e for all of the transfer related performances, as for example reservations and correct bookings.

3.4

Driveboo AG is not liable for consequences of force majeure. These include wars and civil unrest, terrorist attacks, plane hijackings, industrial action, natural disasters, fires, power cuts and government measures. Additionally, liability of Driveboo AG shall be precluded, in so far as the non- fulfilment of the agency contract is caused by omissions by the user /service recipient and / or by an event and / or by the behaviour of third parties, which despite the required care, could not have been foreseen or prevented.

3.5

In any case, preferential to all other liability clauses in these TC: Driveboo AG assumes liability within the scope of the TC, the national laws and the relevant national agreements, for personal injury resulting from the non-performance or improper performance of the agency contract on part of Driveboo AG or their vicarious agents and legal representatives.

3.6

For property damage, which is the result of non-performance or improper performance of the agency contract by Driveboo AG or its vicarious agents and legal representatives, Driveboo AG shall only be liable for guaranteed properties a breach of essential contractual obligations and in cases of intent and gross negligence.

3.7

In so far as it is not a case of intent, gross negligence or guaranteed properties, the liability for damages of Driveboo AG is limited to double the price of the booked rental service per person. Furthermore, only direct, contract-typical, foreseeable damages will be compensated. Compensation for indirect damages such as lost profits are excluded.

3.8

The user / service recipient must assert possible claims arising out of the intermediary contract, in particular claims for damages, within a period of four weeks of the contractually forseen termination of the use of the rental service by Driveboo AG. A subsequent assertion is only possible if the applicant/service recipient was prevented from complying without fault on his/her part.

3.9

Liability limitations, disclaimers, forfeitures and statute of limitations in national laws and international agreements shall remain untouched.

4. Transfer Prohibition

Transfer of any claims of the user /service recipients against Driveboo AG are excluded. The transfer prohibition concerns all claims arising out of the agency contract, as well as those of unjust enrichment and tort.

5. No Unlawful or Prohibited Use

As a condition of the use of this site, the user / service recipient guarantees Driveboo AG that he/she will not use the services mentioned herein for any purpose that is unlawful or prohibited by these provisions, conditions and instructions.

6. Links to Third Party Websites

This website may contain hyperlinks to other websites that are operated by third parties. Such hyperlinks are only made available as an information. Driveboo AG does not control such websites and is not responsible for their content. The inclusion of hyperlinks of such websites by Driveboo AG implies neither an approval of the material on such websites nor a connection with their operators.

7. Cancellations

7.1

Bookings with the car rental providers Hertz and Europcar, made via www.driveboo.com, can be cancelled free of charge up to 48 hours prior to the rental. For the other car rental providers, the bookings can be cancelled free of charge up to 24 hours prior to the rental. In these cases, Driveboo AG adopts the resulting cancellation fees of the individual car rental providers. For cancellations within 24 hours prior to the date of collection of the rental car, the respective fees of the individual car rental providers apply.

7.2

Cancellations can only be sent by email to booking@driveboo.com during the opening hours (as mentioned on the website: www.driveboo.com/support.html). Outside of these opening times, you can only cancel directly with the car rental providers under their conditions.

8. Trademark and Copyright Law

The contents / data published on the Driveboo AG websites (eg. software, products, brands such as logos, etc., information, reports, pictures, illustrations) are legally protected. Any kind of duplication, distribution and other, in particular commercial exploitation, public display, modification and / or deletion by the user is prohibited. This also includes the integration and display of content / data on external websites through interlinks, deep links or frames. Consent to the commercialisation/use of the Driveboo AG self-created / compiled content / data can be requested under info@driveboo.com. Only the production of a copy of content for personal, non-commercial /industrial use is permitted, provided that the origin remains clearly recognizable, by citing the source for example. If a user suspects that his/her rights are being infringed on or through Driveboo AG or its websites, please inform Driveboo AG immediately at info@driveboo.com to allow for remedial action to take place in a timely manner. Requiring a lawyer to send notice, which is both time consuming and costly for Driveboo AG, is neither the actual nor the presumed will of Driveboo AG.

9. Amendments to the Terms and Conditions

Driveboo AG reserves the right to amend / supplement or renew these TC effectively in the future, without any obligation to notify the registrant / service recipient. On the page www.mietwagen-check.de the latest version shall be made available from the moment that it becomes valid. By continuing to use the websites, the applicant / service user agrees to the changes.

10. Applicable Law / Jurisdiction

The substantive law of Switzerland applies, in so far as there are no mandatory legal provisions to the contrary, in particular consumer protection regulations. The place of jurisdiction for registered traders, for persons who do not have a general place of jurisdiction in Germany, as for persons who have relocated or settled abroad after concluding the contract or whose domicile or habitual residence is unknown at the time of filing the claim, as well as for passive litigation processes, is the domicile of Driveboo AG. This will not apply if consumer protection regulations or international conventions mandate otherwise.

11. Severability Clause

If parts of this text do not, no longer or do not fully adhere to the current legal situation, the validity of the remaining parts remain unaffected and the invalid part shall be replaced by the necessary legal provision or by a regulation that is representative of the mutual will of the parties.

Bottighofen, 01.07.2017

Driveboo AG
Bahnweg 8
CH-8598 Bottighofen
Switzerland

¡Estaremos encantados de ayudarle con su reserva!
booking@driveboo.com

Storage of the contract text

After sending the booking, you will receive a confirmation of your reservation with the details of your booking to the provided e-mail address. Please save all terms and conditions, which are valid for your booking electronically or print out the documents. If terms and conditions should change in the meantime, the old version which is valid for you will no longer be displayed.