General terms and conditions

Vehicle rental

1. scope

These General Terms and Conditions (GTC) apply to all business relationships of the
Lessor with the Lessee regarding vehicle rental
A renter is any natural or legal person who rents a vehicle from the lessor.
rents.
These GTC and the associated rental agreement are one unit and apply exclusively.
Conflicting, supplementary conditions or conditions deviating from these GTC and from the rental agreement
and agreements require the express written confirmation by the
Landlord.
The Lessee confirms when using the services of the Lessor or in the case of
conclusion of the contract to accept these GTC in full.
For reasons of better readability, the following is used in these General Terms and Conditions for designations of persons and special
nouns the masculine form is used. Corresponding terms apply in the sense of the
Equal treatment in principle for all genders. The abbreviated form of language has only editorial
reasons and does not imply any valuation.

2. information

Brochures and offers as well as the website www.delirium-swiss.ch contain information about
Services. Prices are subject to change without notice. All data in
Brochures and offers as well as the website www.delirium-swiss.ch (descriptions, images,
films, technical specifications and other data) are only to be understood as approximate values
and in particular do not represent any assurance of characteristics or guarantees, unless it is explicitly
otherwise noted. The landlord makes every effort to ensure all data and information correct,
complete, up-to-date and clear, however, the lessor can neither expressly
nor tacitly guarantee it.
All offers in brochures and offers as well as the website www.delirium-swiss.ch are considered to be
subject to change and are not to be understood as a binding offer.
The lessor can not guarantee that the information contained in brochures and on the website
www.delirium-swiss.ch listed services can be provided. Therefore all
Information on services without guarantee and subject to change at any time without notice.

3. requirements in the person of the tenant

The minimum age of the renter and the expressly agreed additional drivers is 21 years. You
must be in possession of a valid driver’s license.
Should the renter and/or the additional drivers not or no longer meet this requirement at the start of the rental period
or have otherwise made false statements, the lessor is entitled to cancel the
prohibit the persons concerned from driving the vehicle or withdraw from the contract
and to refuse to hand over the vehicle or to reclaim the vehicle. At
withdrawal from the contract, the lessee must compensate the lessor for expenses already incurred.
and to compensate for all other damage incurred, which is to be paid for with a possible already
payment made by the tenant.

4. conclusion of contract

The lease agreement is always in writing and comes into effect with its signature by the
Landlord or on his behalf by an auxiliary person and by the Tenant.

5. prices, rental period and termination

All prices are in Swiss francs (CHF), excluding value added tax (VAT). All
The statutory value added tax is added to prices.
All fuel costs are at the expense of the renter. If the vehicle is not filled up
If the vehicle is returned, the lessor will invoice the refueling at the rate of
average market price for fuel, plus a flat expense fee of
CHF 20.
The lessee is obliged, at the latest at the start of the rental period, to provide security for all claims to the
Landlord in connection with the lease to pay a deposit. The amount of the deposit will be
agreed in the lease contract.
The lessor is entitled to offset the deposit against all claims arising from or in connection with
the lease agreement against the tenant. If no settlement is made, the tenant will be
the deposit will be refunded after the return of the vehicle.
In the event of death, serious illness or revocation of driver’s license of the tenant or other
circumstances that make it impossible for the renter to drive the vehicle, the rental agreement may be terminated by
be terminated immediately. In this case, the rental costs will be invoiced pro rata temporis.
If the vehicle has to be picked up by the lessor, the lessee has to pay for these costs.

6. terms of payment

The renter is obliged to pay the rental fee, the deposit and the estimated mileage compensation
to be paid before the beginning of the rental period.
In case of non-payment, the lessor is entitled to withdraw from the contract without any liability for damages.
to withdraw from the contract and not to perform its services.
After the end of the rental period, a detailed statement of the total costs will be issued.

7. obligations of the lessor

Handover
The Lessor shall hand over the rented vehicle to the Lessee at the agreed handover location at the agreed time in an operationally safe condition and with a full tank of fuel. Regarding mileage,
Tank filling, existing damage or other defects of the vehicle as well as with regard to equipment
and equipment, the handover protocol applies. Any deficiencies shall be reported by the lessee to the
The lessor must be notified immediately of the start of the rental period. If no such notification is made, the vehicle shall be deemed
as properly handed over. The lessor may be represented in this by an auxiliary person
let
Insurances
By law, the vehicle is covered by motor vehicle liability insurance for third-party damage. The renter can choose between partial or fully comprehensive insurance
select There is no personal accident insurance.

8. duties of the tenant

Takeover of the vehicle
If the renter does not take over the vehicle no later than one hour after the agreed
takeover date, a cancellation fee of CHF 120.- is due and the landlord is entitled,
to withdraw from the rental contract. Payments already made by the tenant will be deducted, less the
Failure fee, refunded. The assertion of claims for damages by the lessor will be
expressly reserved. If the landlord holds on to the tenancy, the pro rata rent for
nevertheless owed for the unused period.
When taking over the vehicle, the renter is obliged to provide the following documents for himself and for
to submit each additional driver:
– a valid driver’s license
– a passport valid for at least three months beyond the end of the tenancy
or a Swiss identity card
– an identity document showing the valid current residential address
Use of the vehicle
The vehicle may be used only by the renter and additional drivers specified in the contract.
be The renter is prohibited from leaving the territory of Switzerland with the vehicle.
The vehicle is GPS monitored.
Renter and additional drivers may use the vehicle exclusively for the agreed use,
in particular only for private use as a means of transportation for himself and any passengers in addition to
Luggage, use.
The renter undertakes to drive and handle the vehicle with care and to observe the manufacturer’s
and operating regulations specified by the lessor orally and in writing, the
Lock the vehicle when it is not in use and interrupt the journey if a defect
occurs on the vehicle as soon as this is possible without danger, with subsequent notification of the
Landlord.
Racing, drifting, skidding courses and instructional courses are prohibited, as is use as a
Tow truck, as a towing vehicle or for bumping. It is further prohibited to drive the vehicle
use under the influence of alcohol (over 0.5 per mille), drugs, medication or
Stimulants. The lessee may not sublease the vehicle.
Smoking, eating and drinking in the vehicle is prohibited. In case of disregard the cleaning
and/or damages will be invoiced separately.
The Lessee undertakes to regularly check the oil and water levels as well as the tire pressure.
and to arrange for the necessary action to be taken. If control lamps light up, the
Landlord to notify immediately. It is prohibited to use the electronic stability program ESP
to deactivate.
Accidents, theft, etc.
In the event of an accident, theft, fire, damage caused by game or other damage to the vehicle, the
Tenant to notify the Landlord immediately and to do everything possible to clarify the
fact and is necessary and useful to mitigate the damage. In particular, the tenant is
obliged to immediately notify and involve the police in any accident. This also applies to
minor damage and self-inflicted accidents without the involvement of third parties. The tenant is
prohibited from recognizing or satisfying a claim in whole or in part.
Observance of traffic rules
The renter undertakes to observe all traffic regulations. He is responsible for all with the rented
Vehicle until the return of the vehicle caused violations of the law, in particular.
against the Road Traffic Act, himself responsible, also for violations executed
by additional drivers. The lessor is entitled to fines incurred during the rental period,
charges and costs against the deposit and/or charge them to the tenant.
In case of traffic violations, the Lessor is obliged to provide the personal data of the driver of the vehicle.
or the tenant to the authority. In such a case, the lessee undertakes to
to pay the lessor an expense fee of CHF 35.
Return of the vehicle
The renter returns the rented vehicle to the agreed place of return at the agreed time.
back. He has to keep the vehicle in a condition corresponding to the contractual use.
return In the event of damage, excessive wear or soiling of the
vehicle, the lessee shall pay compensation for it. The lessor certifies the return of the
vehicle in a return protocol.

9. rebooking and withdrawal

The lessor is entitled to withdraw from the contract without liability for damages if the lessee before
the tenant has not fulfilled his obligations under the tenancy agreement, in particular has not paid the rent and all the
further fees and costs for the entire rental period are not paid or the agreed
Deposit not paid.
The lessor is also entitled to withdraw from the contract without liability for damages if the
vehicle should not be operational for any reason at the beginning of the rental period. From tenant
fees and costs already paid will be fully refunded to him in this case.
The lessor is entitled, at its discretion, in the event of bad weather without
Liability for damages not to hand over the vehicle. No alternative date can be arranged,
the renter will be fully refunded any fees and costs already paid by him.
The renter can cancel the rental up to two days before the start of the rental period against payment of a cancellation fee of CHF 60.
Withdraw from the contract. If he withdraws from the rental agreement later, but before taking over the vehicle
back, he will be charged a cancellation fee of CHF 80. Rent already paid
will be refunded to the Lessee in full, less the aforementioned cancellation fee.

10. liability of the lessor

The Lessor excludes any liability towards the Lessee, additional drivers and third parties,
regardless of their legal basis, as well as claims for damages against the lessor and
any auxiliary persons and vicarious agents, from. In particular, the Lessor shall not be liable for
indirect damages and consequential damages, loss of profit or other personal injury, property damage and
pure financial losses of the renter, additional drivers and third parties. Reserved remains a
further mandatory statutory liability, for example for gross negligence or
unlawful intent.
11. liability of the tenant
The Lessee shall be liable to the Lessor, irrespective of his fault, for any damage caused to the Lessor by the Lessee.
damage incurred as a result of damage to the rented vehicle, its destruction, its
loss and for the resulting loss of use. In particular, the renter is also liable for the behavior of additional drivers, auxiliary persons called in by him and third parties. The tenant has
to have their conduct imputed to him as his own and will be liable to the lessor for
fully liable for any damage resulting therefrom. The tenant is also liable for any damage,
for which the insurance companies refuse coverage. If the tenant violates his obligations under
these General Terms and Conditions, from the rental agreement or the handover protocol, this will be without further ado for a
fully liable for any damage incurred. Several tenants of a vehicle are jointly and severally liable.
In the event of a claim, the lessee authorizes the lessor to inspect the police or
official files.
In the event of damage, the Lessor is entitled to determine the cause of the damage, the extent and the quantification of the damage.
of the damage at the expense of the tenant by an expert appointed by it.
let The Lessee agrees that the findings and the damage figures of such an expert opinion shall be used as a basis for the settlement of the damage with binding effect for the Lessee.
For the rented vehicle there is a fully comprehensive insurance with a deductible of
CHF 1,000. Damages to the vehicle up to the amount of CHF 1’000.- are always at the expense of the renter. In the event of damage, the benefit of this insurance will be added to the amount owed by the renter
Damages credited. In particular, in the case of damage caused by gross negligence, misfueling and damage due to drunkenness (more than 0.5 per mille), there is no insurance coverage and the renter is fully liable for compensation. If the comprehensive insurance does not
payments, the lessee shall be personally liable for the full damage.

12. force majeure

If the timely fulfillment by the lessor, their suppliers or third parties called in
due to force majeure, the lessor shall be liable for the duration of the force majeure.
as well as a reasonable start-up period after the end thereof from the performance of the duties concerned.
freed. If the force majeure lasts longer than 30 days, the lessor may withdraw from the contract.
The lessor shall pay the customer for services already rendered but not yet rendered.
to be reimbursed in full.
Any further claims, in particular claims for damages as a result of vis major are
excluded.

13. data protection

The protection of personal data of our customers is important to the lessor. The landlord
takes the issue of data protection seriously and ensures appropriate security. The landlord
processes and maintains personal data in accordance with the provisions of the
Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on the
Data Protection Act (DPA), the Telecommunications Act (TCA) and, to the extent applicable, other
data protection regulations, in particular the Basic Data Protection Regulation of the
European Union (GDPR).
The customer agrees that the lessor may use his data to carry out
advertising measures (online or print), in particular to provide him with information about
to send offers.
The customer has the possibility to object to these advertising purposes at any time by sending a message to
the landlord.

14. further provisions

Should individual provisions of these GTC be wholly or partially void and/or ineffective,
the validity and/or effectiveness of the remaining provisions or parts thereof shall remain unaffected.
provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by
replaced by such provisions that correspond to the sense and purpose of the invalid and/or ineffective provisions in
legally effective manner is economically closest. The same applies to any gaps in the
Regulation.
In the event of any disputes, Swiss substantive law shall apply exclusively, to the exclusion of
conflict-of-law rules apply.
The place of jurisdiction is Zurich.
Zurich, March 10, 2023