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Terms & conditions

for the rental of motor vehicles and semi-trailers by A.G.W. Rental Deutschland GmbH, Im Ochsenstall 9, 76689 Karlsdorf-Neuthard, Germany
As of: October 2026

This is a translation. In the event of any discrepancy, the German version shall prevail.

I. Scope and definitions

  1. These General Terms and Conditions (GTC) apply to all contracts for the rental of motor vehicles and semi-trailers (hereinafter “Vehicle”) between A.G.W. Rental Deutschland GmbH (hereinafter “Lessor”) and its customers (hereinafter “Lessee”).
  2. The Lessor’s offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
  3. Deviating, conflicting or supplementary terms and conditions of the Lessee shall not become part of the contract unless the Lessor expressly agrees to their validity in text form.
  4. Individual agreements in the rental agreement take precedence over these GTC. Approvals, consents and amendments required under these GTC must be made at least in text form (e.g. email).

II. Handover, use and obligations of the Lessee

  1. The damage known at the time of handover is recorded in the rental agreement or handover protocol. Before starting the journey, the Lessee shall carefully inspect the Vehicle for further damage and report it to the Lessor without delay.
  2. The Lessee undertakes to treat the Vehicle carefully and properly, to observe all regulations and technical rules relevant to its use, to check its roadworthiness before starting the journey and to lock the Vehicle properly. The Lessee shall endeavour to drive in an energy-saving, low-wear and environmentally friendly manner.
  3. Smoking in the Vehicle is prohibited. Excessive soiling inside and outside is to be avoided.
  4. If, during the rental period, a repair of the odometer, a repair necessary to maintain operation or road safety, or a mandatory inspection becomes necessary, the Lessee shall inform the Lessor without delay. Measures and costs must be agreed with the Lessor in advance.
  5. In the case of longer-term rentals, the Lessee shall bear the costs of top-up fluids (in particular engine oil, windscreen washer fluid and antifreeze) if topping up becomes necessary during the rental period.
  6. The Lessee shall secure the load properly.
  7. The Vehicle may only be used in normal public road traffic. In particular, use for motorsport purposes, testing or driver safety training, on race tracks, for commercial passenger transport and subletting is prohibited. Subletting is only permitted with the prior approval of the Lessor.
  8. Journeys abroad require the prior approval of the Lessor. If approved, additional costs may arise, which shall be borne by the Lessee.
  9. With each booking, the Lessee confirms that the driver holds, at the time of handover, a driving licence required for the Vehicle and valid in Germany and, where applicable, abroad, which remains valid for the entire rental period. Changes must be notified to the Lessor without delay. The original driving licence must be presented on collection.
  10. The Vehicle may only be driven by the Lessee or the drivers named in the rental agreement. Additional drivers require the prior approval of the Lessor. The Lessee is responsible for the actions of approved drivers as for its own; the rights and obligations under these GTC apply for the benefit and at the expense of the approved driver.
  11. If the Lessor provides the Lessee with access data, user names or passwords, these must be protected against access by unauthorised persons and treated confidentially. If the Lessee becomes aware that unauthorised persons have obtained this information, it shall inform the Lessor without delay.

III. Fuel and AdBlue®

  1. The Vehicle is handed over with the fuel level recorded in the handover protocol. The Lessee shall return the Vehicle with the same fuel level. Otherwise, the Lessor will invoice the missing fuel according to receipt or the current market price per litre, unless the Lessee proves that no or lower costs were incurred. The costs of fuel during the rental period shall be borne by the Lessee.
  2. Vehicles with an AdBlue® tank are handed over with a full AdBlue® tank. For rental periods of more than 27 days, the Vehicle must be returned with a completely filled AdBlue® tank; otherwise the Lessor will invoice the refuelling costs plus a service fee in accordance with the price list valid at the time of rental. For rental periods of less than 28 days, the Lessor will refill AdBlue® for a flat fee calculated on the basis of the kilometres driven.
  3. The Lessee shall ensure that the AdBlue® tank is always sufficiently filled during the rental period. The Lessee shall indemnify the Lessor against all claims asserted by authorities or third parties due to a breach of this obligation, in particular fines and warning fines.

IV. Rent, payment, deposit and invoices

  1. Rent, deposit, price for additional kilometres and cancellation fees are governed by the respective rental agreement. All prices are exclusive of statutory VAT.
  2. The rent is payable in full for the agreed rental period. No refund shall be made for late collection or early return unless otherwise agreed in the rental agreement.
  3. The rent is due at the beginning of the rental period. Payment is made by SEPA direct debit, bank transfer or in cash.
  4. At the beginning of the rental period, the Lessee shall additionally pay a deposit in the amount agreed in the rental agreement as security for the fulfilment of its obligations. The Lessor shall settle the deposit after return of the Vehicle and determination of any claims.
  5. Cancellations and rebookings require confirmation by the Lessor; the cancellation fees agreed in the rental agreement apply.
  6. The maximum rental period per booking is 360 days unless otherwise agreed in the rental agreement.
  7. Invoices are sent as electronic invoices within the meaning of Section 14 of the German VAT Act (UStG) to the email address provided by the Lessee or made available for download. The Lessee shall ensure that electronic invoices can be received. An invoice is deemed received as soon as it has entered the Lessee’s sphere of control; if it is made available for download, it is deemed received upon download. The Lessee shall download invoices made available at reasonable intervals and inform the Lessor without delay if an invoice is not received. In this case, the Lessor will resend an invoice marked as a copy.
  8. If the Lessee is in default of payment of rent in an amount equal to two monthly rents, the Lessor is entitled to terminate the rental agreement without notice. For an agreed rental period of less than two months, this applies if the Lessee is in default with the entire rent. The right to extraordinary termination under Section IX remains unaffected.

V. Tolls and motor vehicle tax

  1. When using toll roads, the Lessee shall ensure the timely and complete payment of tolls. The Lessee shall indemnify the Lessor against all tolls caused by the Lessee or third parties to whom it entrusts the Vehicle.
  2. For toll-liable vehicles with a technically permissible maximum mass of more than 3.5 t, the Lessor provides an on-board unit (OBU) for automatic toll collection under the German Federal Trunk Road Toll Act (BFStrMG), unless otherwise agreed in the rental agreement. If no OBU is available or it is not functional, the Lessee shall pay the toll manually (online, via app or at a terminal) or, if necessary, leave the toll road network immediately.
  3. The Lessee shall handle the OBU carefully in accordance with the manufacturer’s instructions and protect it against unlawful access by third parties and manipulation. The Lessee is responsible for the correct settings of the OBU, in particular the number of axles and the weight of vehicle combinations, and shall bear all costs resulting from incorrect settings. Damage to and malfunctions of the OBU must be reported to the Lessor without delay.
  4. The Lessor settles the tolls incurred during the rental period with the operator of the toll system (Toll Collect GmbH) or its service provider and invoices them to the Lessee together with a list of the toll-liable journeys.
  5. Insofar as no trailer surcharge on motor vehicle tax has been paid for a rented vehicle and the Lessee operates it with a trailer, the Lessee shall ensure the timely and complete payment of the motor vehicle tax for the trailer. The Lessee shall indemnify the Lessor against all claims, taxes (including interest, late payment surcharges and other ancillary claims), costs, fines and warning fines asserted against the Lessor by authorities due to a breach of this obligation.

VI. Insurance

  1. Unless otherwise agreed, the Vehicle is covered by motor third-party liability insurance with a lump-sum coverage of EUR 100 million for personal injury and property damage, limited to EUR 15 million per injured person. Insurance cover applies within Europe.
  2. For a separate fee, the Lessee may book a contractual release from liability (partial and/or comprehensive cover) and additional protection packages.

VII. Conduct in the event of an accident, theft or damage

  1. After an accident, theft, fire, collision with game or other damage, the Lessee shall immediately call the police. This also applies to minor damage and to self-inflicted accidents without the involvement of third parties.
  2. The Lessee shall inform the Lessor without delay in text form of all details of the incident; this also applies to the theft of the Vehicle or parts thereof. For this purpose, the Lessee shall carefully and truthfully complete the accident report form kept with the vehicle documents.
  3. The Lessee shall, where possible, avert and mitigate the damage, follow reasonable instructions of the Lessor and support the Lessor in determining and settling the damage. The Lessee shall take all measures that help clarify the incident.
  4. The Lessee is not entitled to acknowledge or satisfy third-party claims in whole or in part without the prior consent of the Lessor.
  5. The Lessor is authorised to satisfy or defend claims for damages asserted against the Lessee in the Lessee’s name and to make all declarations appropriate for this purpose at its reasonable discretion. If claims are asserted against the Lessee, the Lessee shall notify the Lessor without delay. In the case of court proceedings, the Lessee shall leave the conduct of the legal dispute to the Lessor; the Lessor is entitled to instruct a lawyer in the Lessee’s name, to whom the Lessee shall grant power of attorney and provide all necessary information and requested documents.

VIII. Liability of the Lessee

  1. In the event of damage, loss and other breaches of contract, the Lessee is liable in accordance with the statutory provisions.
  2. The Lessee may limit its liability for accident damage (contractual release from liability) and for certain other damage (protection packages), loss and fire by paying a separate fee. The contractual release from liability corresponds to the model of comprehensive insurance. In this case, the Lessee and the included drivers are liable per incident up to the amount of the deductible agreed in the rental agreement.
  3. The release from liability and booked protection packages do not apply if the damage was caused intentionally or an obligation to be fulfilled by the Lessee was intentionally breached. If the damage was caused by gross negligence or an obligation was breached through gross negligence, the Lessor is entitled to reduce the release from liability in proportion to the severity of the fault.
  4. The provisions of the German Insurance Contract Act (VVG) and the General Conditions for Motor Vehicle Insurance (AKB) in their current version apply supplementarily to the contractual release from liability.
  5. The release from liability applies only to the Lessee and approved drivers, not to unauthorised users.
  6. The Lessee is liable without limitation for all violations of traffic and administrative regulations and other statutory provisions as well as for trespass caused by the Lessee or third parties to whom it entrusts the Vehicle. The Lessee shall indemnify the Lessor against all fines, warning fines, fees and other costs charged to the Lessor by authorities or other bodies on the occasion of such violations.
  7. For processing enquiries from authorities or third parties to identify administrative offences, criminal offences or disturbances committed during the rental period, the Lessor receives a flat processing fee of EUR 25 plus VAT per enquiry, unless the Lessee proves that less or no effort was incurred. The right to claim further damages remains reserved.
  8. Several Lessees are jointly and severally liable.

IX. Liability of the Lessor and extraordinary termination

  1. The Lessor is liable without limitation for intent and gross negligence of its legal representatives or vicarious agents, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed. In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Lessee may regularly rely), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded.
  2. The Lessor may terminate the rental agreement without notice for good cause. Good cause exists in particular in the event of a significant deterioration in the Lessee’s financial circumstances, enforcement measures against the Lessee, lack of care, improper or non-contractual use of the Vehicle or serious violations of road traffic regulations.
  3. In the event of termination, the Lessee shall return the Vehicle to the Lessor without delay together with all accessories, keys and vehicle documents.
  4. The Lessor is entitled to assign or sell claims arising from the rental agreement to third parties, in particular for refinancing purposes.

X. Hire purchase

  1. In the event of early repayment of a hire-purchase agreement, the Lessor charges a prepayment penalty. A processing fee of EUR 250 plus VAT is charged for its calculation.

XI. Return of the Vehicle

  1. The rental agreement ends upon expiry of the agreed rental period. If the Lessee continues to use the Vehicle after expiry, the rental relationship shall not be deemed extended; Section 545 BGB does not apply.
  2. At the end of the rental period, the Lessee shall return the Vehicle in a condition in accordance with the contract, with the agreed fuel level (Section III), at the agreed location and at the agreed time. If the Vehicle is returned to a location other than the agreed one, the Lessee shall bear the return transport costs or a one-way fee, unless otherwise agreed.
  3. For deliveries and collections, the agreed fees plus the costs of refuelling and fuel are charged in accordance with the prices valid at the time of rental.
  4. In the event of excessive soiling requiring special cleaning or odour impairment (e.g. due to smoking), the Lessee shall pay damages. Special cleaning is charged according to effort, but at least at a flat rate of EUR 100 plus VAT, unless the Lessee proves lower damage. The right to claim further damages remains reserved.
  5. If the Vehicle reaches the mileage agreed in the rental agreement before the end of the rental period, the Lessee is obliged to return it early at the Lessor’s request. If the Lessee exceeds the agreed mileage, the Lessor will charge the additional kilometres at the price agreed in the rental agreement.
  6. If the Lessee does not return the Vehicle on time, the Lessor may demand compensation for use for the duration of the withholding at least in the amount of the agreed rent; agreed special conditions do not apply in this respect. The right to claim further damages remains reserved.

XII. Data protection

Information on the processing of personal data can be found in our privacy policy.

XIII. Final provisions

  1. Unless otherwise agreed, the place of performance is the Lessor’s registered office.
  2. The place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the Lessor’s registered office. The Lessor is also entitled to sue at the Lessee’s registered office.
  3. The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.
  4. These GTC are available in German, English and Russian. In the event of discrepancies or questions of interpretation, the German version shall prevail.
  5. Should any provision of these GTC or of other agreements between the Lessor and the Lessee be or become invalid, the validity of the remaining provisions shall remain unaffected.