General Conditions of Insurance

Veltyx AG
Waldparkstrasse 1
85521 Riemerling
hello@veltyx.de
Telephone: +4915146370431

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§1 General provisions

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(1) The rental agreement, including these general rental terms and conditions, shall apply to the contractual relationship between the lessor and the lessee.

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(2) Unless otherwise stated, prices quoted for short-term rental agreements are per period of use and include statutory value added tax.

(3) Unless otherwise stated, prices quoted for subscription/subscription+ rental agreements are per month of use and include statutory value added tax.

(4) The lessee agrees to the use of fully electronic processes such as electronic signatures and digital document transmission. This formal requirement includes the handover and return processes. Communication via SMS, messenger apps, and telephone calls is also permitted.

(5) Short-term rentals are defined as contracts of less than one month. Subscriptions are defined as contracts of 2 to a maximum of 24 months, and Subscription+ is defined as contracts of 24 months to a maximum of 60 months.

§2 Rental price

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The prices listed in the price list valid at the time of renting the vehicle or vehicle/camping accessories apply. This price list is available at the rental station and can be found at www.veltyx.de. The rental price is also noted on the rental document. The rental price for vehicles is based on the respective Tesla model and consists of a base rental price, one-time special payments, extensions, and fees for additional kilometers driven. The price covers normal use of the vehicle, repairs for damage not caused by the renter, and Tesla Supercharger charges. The subscription/subscription+ rental price covers Tesla Supercharger charges up to €0.50/kWh; any additional charging costs will be billed separately each month in addition to the monthly subscription/subscription+ rate.

Not included are consumables, other electricity, Supercharger blocking fees (up to €1.00/min – details at https://www.tesla.com/de_DE/support/supercharger-idle-fee#all-pricing), individual costs for the use of roads in Germany and abroad, fines, etc. Damage to the rental vehicle or to third parties, loss (including of the charging cable) or other third-party claims arising in connection with use and for which the renter is responsible shall generally be borne by the renter.

§3 Payment/Due date

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(1) The full rental price for the motor vehicle and/or vehicle accessories is due in advance at the start of the rental period and, in the event of a rental contract extension, at the start of the respective rental extension. Subscription/Subscription+ contracts are collected monthly via SEPA direct debit or, alternatively, paid monthly in advance by bank transfer.

(2) If the renter pays the advance payment by bank transfer and the money has not yet been received by the rental company at the time of the agreed handover, the rental price must be paid by card before handover. If this results in a double payment of the rental price, the rental company will refund the single amount to the renter by bank transfer. The lessee shall provide the lessor with bank details for this purpose.

(3) A rental extension shall be deemed the start of a new billing period.

(4) In the event of (early) termination by the lessee, no payments made up to that point shall be refunded. One-time special rental payments shall not be refunded.

(5) The rental price (plus any other agreed fees, such as liability exemptions, delivery costs, airport fees, etc.) plus VAT at the applicable statutory rate is payable in full for the agreed rental period; no refunds will be made for late vehicle collection or early return.

(6) The lessee irrevocably authorizes the lessor and its collection agents to debit the rental car costs owed under the contractual relationship and all other undisputed claims related to the rental agreement from the credit card, checking account, or other means of payment provided at the conclusion of the rental agreement or subsequently submitted or specified in the rental agreement, to the extent permitted by law.

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§4 Electronic invoicing

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The lessee agrees – revocable at any time – that the lessor may send invoices to him as PDF files to the email address provided at the time of rental or otherwise specified by him (§ 14 (1) sentences 7, 8 UStG). Any objection to this provision shall only be effective for future invoices. If the Lessor chooses this form of invoicing and the Lessee has not objected, the Lessee waives his right to receive an additional invoice in paper form. In this case, the Lessee shall bear the additional costs for sending the invoice in paper form and the postage for this.

§5 Booking platform

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(1) The Lessor also offers its vehicles and vehicle accessories for rent via external booking platforms.

(2) The Lessor accepts no liability whatsoever for the behavior, technical processing of the booking, or data protection treatment of the Lessee's data as a user of the external booking platform.

(3) If, due to an error for which the external booking platform is responsible, the Lessor is unable to provide the Lessee with the vehicle and/or vehicle accessories booked via the external booking platform, the Lessee shall have no claim to rental of the booked vehicle and/or vehicle accessories.

§6 Rental

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(1) Renters must be at least 18 years old. When renting a performance model, the minimum age is 25 years.

(2) The minimum ages specified in paragraph 1 also apply to the authorized drivers specified in § 7.

(3) Upon handover of the vehicle, the renter must present an identity card or passport as well as a driver's license valid in Germany that is required to drive the vehicle. If the renter is unable to present these documents upon handover of the vehicle, the rental company is entitled to withdraw from the rental agreement; in such cases, claims by the renter for non-performance are excluded.

(4) Driving licenses from non-EU/EEA countries are accepted if

a) no visa is entered in the customer's passport, or

b) the customer has a visa in their passport and has not been residing in an EU/EEA country for more than 6 months at the time of rental. If the customer has been in an EU/EEA country for more than 6 months, a driver's license from an EU/EEA country must be presented. A driver's license not issued in Latin script (Arabic, Japanese, Cyrillic, etc.) must be supplemented with an international driver's license. For driver's licenses from countries that are not signatories to the international driver's license agreement, a certified translation is required in addition to the original driver's license.

(5) If the lessor has doubts about the identity of the lessee, the validity of their driver's license, or their creditworthiness, the lessor is entitled to withhold the vehicle until the existing doubts about identity, driver's license, and creditworthiness have been satisfactorily clarified by the lessee to the lessor.

§7 Authorization to drive

(1) The vehicle may only be driven by the renter themselves and the drivers specified in the rental agreement. For rental agreements longer than one month, members of the same household are automatically included. All other persons are also included while a driver specified in the rental agreement is in the vehicle.

(2) In the event of a rental by a company for the purpose of using the vehicle as a pool vehicle, any employee of the company may drive the vehicle.

(3) The drivers are vicarious agents of the renter and also become renters. If the vehicle is transferred to third parties, the renter is in any case liable for their compliance with the provisions of this contract and for the behavior of the third party(ies) as for their own actions.

(4) The transfer to third parties must be approved in advance by the lessor. At the request of the lessor, the lessee is obliged to disclose the names and addresses of all drivers of the vehicle during the rental period, unless these are already specified in the rental agreement.

§8 Vehicle handover

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(1) The vehicle will be handed over to the renter at one of our locations with at least 50% battery charge.

(2) The renter and/or driver is obliged to independently check the vehicle upon handover for the presence of the two Tesla chargers – Type 2 cable and Tesla Mobile Connector (and “mobile charging station” if selected in the subscription/subscription+ rental agreement), suitable tires, and the current mileage. The renter must check for any visible damage or defects on the exterior and interior of the vehicle before taking delivery and ensure that these are correctly recorded in the handover report together with the rental company.

(3) At the renter's request, the vehicle can be delivered to an address within Germany for a service fee in accordance with the service price list on the rental company's website.

§9 Location data

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Vehicles may be equipped with tracking technology that allows the owner to determine the location of the vehicle. The renter agrees that the rental company may collect GPS coordinates. The data may be used to protect the interests of the Lessor if the Lessee fails to return the vehicle within the agreed rental period or uses the vehicle outside the contractually agreed area. Excluded countries are listed in § 16 (2). The Lessee is obliged at all times to cooperate in securing the vehicle and to make use of all technical possibilities for this purpose.

§10 Use of the vehicle

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(1) The renter and/or driver undertakes to use the vehicle only in the manner agreed in the contract, in particular

• To use the vehicle only within the EU and Switzerland.

• To check before starting the journey that the vehicle is in a roadworthy condition in accordance with the road traffic regulations.

• To observe all regulations and technical rules relevant to use, as well as the operating instructions (e.g., Model 3, Model S, Model X), and in particular the special features of Tesla electric vehicles.

• Keep the vehicle properly locked in all parts when not in use and/or when left unattended, take the vehicle keys and documents (or copies thereof) with you and keep them out of reach of unauthorized persons.

• Park the vehicle in such a way that there is no danger to the battery, especially when the battery charge level is below 20%. If the vehicle is not used for two weeks or more, keep it connected to a charger and set the charging limit to 50-60%.

• Treat the vehicle with care and in an appropriate manner.

• Pets may only be transported in suitable transport boxes for an anti-allergy cleaning fee of €140.

• In the event of technical warnings from the on-board computer or other technical equipment in the vehicle, as well as clearly audible noises indicating a malfunction, the renter must immediately ascertain whether it is safe to continue operating the vehicle and, in case of doubt, take the vehicle out of service before damage occurs. The lessor must be notified immediately of any decommissioning due to technical or legal reasons.

(2)    The following are prohibited in particular

• The use of any autonomous driving function, unless this is expressly done at the renter's own risk.

• The commercial transport of passengers or for any profit-making purpose, in particular in the context of carpooling and any type of subletting or subleasing, unless agreed in writing.

• The use of the vehicle for motorsports, rallies, races, driving lessons, or off-road driving. This also includes driving on racetracks not designated for public traffic.

• Use for vehicle testing or driver safety training.

• Subletting.

• The renter is obliged to use the rental vehicle normally and not in an excessively sporty manner in order to avoid causing excessive wear and tear. The rental company uses various indicators, such as tire wear, as an indicator of unauthorized sporty driving. Activating Tesla's “Track Mode” or deactivating driving stability systems is strictly prohibited. The rental company is entitled to charge for proven additional wear and tear retrospectively.

• Driving under the influence of alcohol or other substances that impair driving ability, the extent of which is such that it could impair the driver's ability to drive, as well as driving that poses a danger to third parties and/or passengers due to the condition of the driver.

• The transport of high-risk, toxic, flammable, corrosive, radioactive, harmful, dangerous, or illegal materials.

• Non-EU trips abroad (with the exception of Switzerland) are prohibited and require the prior written consent of the lessor.

• For rental agreements longer than 6 months, trips to neighboring European countries and Switzerland are permitted and do not need to be reported.

• Travel to the following countries without the written consent of the rental company is strictly prohibited: Albania, the Baltic republics, Bulgaria, Iceland, Turkey, Serbia, Montenegro, Macedonia, Kosovo, Bosnia and Herzegovina, Moldova, the Russian Federation, Malta, Ukraine, Belarus, Cyprus, Morocco, Iran, Tunisia, Azerbaijan, and Israel.

• Transferring the vehicle to drivers who do not have a valid driver's license.

• Any other misuse of the vehicle, such as for criminal purposes or for purposes requiring a permit, or selling, dismantling, converting, modifying the vehicle or parts thereof, or allowing third parties to do so.

• Exploiting the range limit below a remaining range of 5% (~50km) and regularly charging above 90%.

• Smoking inside the vehicle.

(3) The lessee must observe traffic regulations and toll obligations. He shall indemnify the lessor against all claims asserted against her as the keeper of the vehicle by authorities or other bodies on the basis of traffic or toll payment violations or for any other reason (e.g., fines, administrative fees, towing costs, parking fees).

(4) If the lessor is held liable for a traffic or toll violation committed during the rental period or is questioned/interrogated for this reason, the lessee shall pay a flat fee of €20 as compensation for the administrative costs incurred by the lessor in processing inquiries, unless he can prove that the expense was significantly lower or the lessor can prove that the expense was significantly higher. The lessor is not obliged to lodge an appeal against the claim.

(5) When transferring the vehicle to an authorized driver, the lessee shall be responsible for checking at appropriate intervals whether the driver is in possession of a valid driver's license that entitles him or her to drive motor vehicles of the rented class. To this end, the lessee shall exhaust all available means and make the necessary inquiries. If the lessee becomes aware at a later date, through no fault of their own, that the authorized driver does not have a driver's license, they must immediately prevent the driver from continuing to use the vehicle.

(6) If, during the rental period and through no fault of the renter, repairs to the vehicle become necessary to ensure the operation or road safety of the vehicle, the renter may commission a contracted repair shop up to a net cost of €50 without further ado, but for larger repairs only with the prior consent of the rental company. The repair costs shall be borne by the lessor, unless the lessee is liable for them.

(7) If the rented vehicle allows the lessor online access to vehicle data, the lessee must also allow this. The lessor is granted the express right by the lessee to access the vehicle data even during the rental period, whereby the lessor assures that it will comply with all provisions of the Federal Data Protection Act and other laws protecting the lessee. This collected data is used solely for internal evaluation, vehicle safety, and maintenance purposes.

(8) The use of assistance systems, in particular the Autopilot functions (FSD) and Autopilot comfort functions (FSD), is at the renter's or authorized driver's own risk. It is the sole responsibility of the renter or authorized driver to check the requirements for the proper functioning of the assistance systems at any time, as specified in the respective manuals for the rented vehicle (in the vehicle menu or available at tesla.com), and to observe factors that may restrict the functioning of the autopilot functions.

§11 Conduct in the event of accidents and other damage/obligations

(1) After every accident caused by a third party or by the renter themselves (even without the involvement or participation of third parties), theft, fire, collision with wildlife, or other damage to the rental vehicle, even if the latter is only minor, the renter and/or driver is obligated to:

• Immediately secure the accident site, notify the police, and call them to the scene; in particular, report the damage to the nearest police station if the police cannot be reached by telephone. If the police refuse to record the accident, the renter must provide written confirmation of this from the police.

• Notify the rental company by telephone as soon as possible (on-call service at +49 151 46370431) and coordinate the further use of the damaged rental vehicle and its recovery with the rental company.

• Obtain the names of those involved in the accident and the license plate numbers of the vehicles involved in the accident, including their liability insurance and the corresponding insurance policy number or the international motor insurance card (green card), as well as the names, addresses, and, if possible, telephone numbers of any witnesses or passengers.

• Inform the rental company comprehensively and without undue delay about the circumstances of the accident, prepare an accident report for the rental company that is carefully and truthfully completed in all respects, and sign it.

• To take all reasonable and possible measures that are useful and conducive to clarifying the damage event and preserving evidence, in particular to answer the lessor's questions about the circumstances of the damage event truthfully and promptly. In the event of vehicle theft, the renter/driver is obliged to hand over the vehicle keys and documents to the police or the nearest rental station without delay. The renter further undertakes not to admit liability, not to agree to any settlements relating to the lessor's claims for damages, and not to commission any towing or repair services, etc., without the prior consent of the lessor.

(2) The renter is generally not authorized to repair damage to the vehicle themselves. In the event of a violation of this provision and in the event of improper execution, the renter shall bear the full costs of proper execution in an authorized repair shop, as well as the costs of an evaluation of the execution (expert opinion).

§12 Liability of the Lessor

(1) The liability of the Lessor is limited to the Lessor's essential obligations that are typical for this type of contract and foreseeable, and to written guarantees. These are the provision of the vehicle for use in accordance with the contract and compliance with the Lessor's legal obligations in this regard.

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a) The Lessor's liability for breach of other obligations, tortious acts, and positive breaches of contract or fault in the conclusion of the contract is limited to gross negligence and intent, to the extent permissible.

b) In the case of slight negligence, the lessor's liability is limited to compensation for direct damage (e.g., no loss of profit), even in the event of a breach of essential contractual obligations.

c) The lessor is liable to the extent that its fault contributed to the damage in relation to other causes.

d) The lessor accepts no liability for items left behind in the rental property upon return; this does not apply in cases of intent or gross negligence on the part of the lessor, a representative, or an agent.

e) All limitations of liability do not apply in cases of injury to life, limb, or health.

(2) The lessor shall not be liable for personal injury or property damage suffered by the lessee, driver, or third parties through no fault of the lessor due to improper or non-contractual use, operating errors, or overuse of the rental object or the use of assistance systems (autopilot functions or autopilot comfort functions (EAP/FSD)).

§13 Liability of the lessee

(1) In the event of damage to the rental vehicle, loss of the vehicle, embezzlement, and breaches of the rental agreement, the lessee and/or driver shall be liable in accordance with the general liability rules. Accordingly, the lessee and/or driver shall not be liable if they are not responsible for the breach of duty. The lessor generally provides comprehensive insurance with the agreed deductible per claim. The lessee is the practical keeper and is responsible for all obligations.

(2) The reduction in liability ends upon expiry of the contractually agreed rental period and, in the event of extraordinary termination of the rental agreement, upon receipt of the notice of termination. The renter is therefore liable without limitation for all damages occurring after the expiry of the agreed rental period or after receipt of the notice of termination of the rental agreement, without prejudice to any other claims.

(3) If damage is caused by a driver who is not registered as a driver or who is not authorized to drive within the meaning of § 7, the renter shall be liable for the full damage, unless insurance covers (part of) the damage. The same applies in the event of a breach of the renter's obligations in the event of damage.

(4) Brake, operating, battery charge, and pure breakage damage are not considered accident damage and are therefore not covered by the reduction in liability. This includes, in particular

• Damage due to insufficiently secured cargo,

• Damage caused by or loss of vehicle keys or accessories,

• Tire and cargo damage

(5) The renter is fully liable for all violations of traffic and regulatory regulations and other legal provisions, as well as for all disturbances of possession caused by them or third parties to whom the renter has entrusted the vehicle. The renter shall indemnify the rental company against all fines, warnings, fees, and other costs imposed on the rental company by authorities or other bodies in connection with such violations. The rental company may charge a processing fee of €25.00 for processing fine notices relating to the renter.

(6) In the event of loss or damage to the charging cable, a fee of 10% of the replacement value shall be payable for the replacement of the cable, unless the lessee can prove that the lessor has incurred no or significantly lower expenses and/or damage.

(7) When using toll roads, the renter must ensure that the applicable tolls are paid in full and on time. The renter shall indemnify the rental company against all tolls incurred by him or third parties to whom he transfers the vehicle.

(8) Multiple renters are jointly and severally liable for claims arising from or in connection with the rental agreement.

§14 Vehicle return

(1) The rental agreement ends at the end of the agreed rental period. If the renter continues to use the vehicle after the end of the agreed rental period, the rental agreement is not considered to be extended. In the event of a further delay in return, the >=30 daily rate without electricity package with 50km/day will be charged for each additional day until the vehicle is returned for the respective vehicle category (e.g., Model 3, or Model 3 LR, etc.). §545 BGB does not apply.

(2) In the case of a subscription/subscription+ rental, the vehicle must be returned to the lessor at the latest after the agreed subscription period. An appointment must be made four weeks in advance.

(3) The vehicle must be returned on the date/at the time specified in the contract and, unless otherwise agreed, at the lessor's main location with at least 10 percent remaining energy if an electricity package is included and with the charge level at the time of handover if no electricity package is included.

(4) The vehicle shall only be deemed to have been returned when the lessor has taken possession of the vehicle, the vehicle keys, and all other items or special equipment handed over with the vehicle for rental, unless it has become impossible for the lessee to return the vehicle (e.g., in the event of theft). The driver to whom the renter has willingly handed over the vehicle for use is the renter's vicarious agent with regard to the obligation to return the vehicle. In the event of a breach of the obligation to return the vehicle, several renters are jointly and severally liable.

(5) Upon return, the renter and/or the driver shall, together with the rental company, ensure that a return report is drawn up and that any damage that can be identified with the exercise of due care is noted. Any person otherwise entrusted by the lessee with the return shall act as the lessee's vicarious agent. When returning the vehicle during business hours, the lessee may request a separate written confirmation of receipt from the rental station, certifying the condition of the vehicle with regard to visible damage, the battery level, and the date and time of return.

(6) If the vehicle is excessively dirty, requiring special cleaning, or if the vehicle is returned with an unpleasant odor, the lessee shall compensate the lessor for the damage. Special cleaning costs shall be charged according to the amount of work involved, but at least a special cleaning fee shall be charged, unless the renter can prove that the rental company has incurred no damage or significantly less damage; the rental company shall be free to claim further damages.

(7) If the return time is exceeded by more than 60 minutes, even through no fault of the lessee, the lessee shall be obliged, without prejudice to further liability, to pay compensation for use of one day's rent per day or part thereof for the period of the delay, unless the lessor is responsible for the late return. The compensation corresponds to the current daily rental rate.

(8) If the vehicle is returned by the lessee in a manner for which they are responsible to a return location other than the one agreed in the contract, they shall additionally pay a flat-rate return fee of €2 per kilometer driven on the fastest Google Maps route to the lessor's main location.

(9) As a result of using a navigation device, the navigation data entered during the rental period may be stored in the vehicle. If mobile phones or other devices are connected to the vehicle, data from these devices may also be stored in the vehicle. If the renter/driver wishes to ensure that the aforementioned data is no longer stored in the vehicle after returning it, they must ensure that it is deleted before returning the vehicle. This can be done by resetting the vehicle's navigation and communication systems to the factory settings. Instructions for this can be found in the operating manual located in the glove compartment. The lessor is not obliged to delete the aforementioned data.

(10) In the event of a breach of the obligation to return the vehicle, several renters shall be jointly and severally liable.

§15 Cancellation

In the case of short-term rental agreements and subscription (except subscription+), the rental agreement can be terminated free of charge up to 48 hours before the start of the rental period.

§16 Advertising

The car has a discreet sticker with the lessor's logo on the lower left of the driver's and passenger doors. If a sticker has come off during operation in the case of a subscription rental agreement, the lessee must report this immediately and proactively. Otherwise, the lessor may charge €600 retroactively per case.

§17 Mileage limit for Subscription / Subscription+ rental agreements

(1) The basic Subscription / Subscription+ rental fee includes 18,000 kilometers per year. Unless otherwise agreed in the rental agreement, e.g., with mileage packages, additional kilometers will be charged according to the vehicle category in the agreed Abo/Abo+ rental agreement. The upper limit for annual kilometers is 60,000 km.

(2) The lessee is obliged to notify the lessor if the agreed annual kilometers are expected to be exceeded by 30%. The lessor is entitled to carry out random checks and issue interim invoices.

(3) During the term of the agreement, the lessee may request monthly and pro-rata interim invoices at the unit price in order to extend mileage packages for the future.

(4) A reduction in quotas is possible during the term of the agreement after consultation with the lessor.

§18 Maintenance for subscription/subscription+ rental agreements

(1) For subscription/subscription+ agreements, the lessee shall have any necessary maintenance, tire, TÜV, and wear-and-tear work carried out at a certified workshop after consultation with the lessor. The standard market costs shall be invoiced to the lessor. In the event of delayed maintenance work, the lessee shall bear all costs incurred, e.g., due to loss of warranty or goodwill.

(2)  Trips abroad shall be organized by the lessee in such a way that no foreseeable vehicle work away from the nearest German workshop or TÜV appointments away from the lessee's home town is necessary.

(3) The battery charge limit may normally be set to a maximum of 80%. In rare cases, it may be set to 90% and, in exceptional cases, to 100% if the journey is to commence immediately. Similarly, the battery may only be run down to below 5% in an emergency and must be recharged to at least 20% immediately after the end of the journey.

(4) The charging limit may be automatically lowered by the maintenance systems used by the lessor between 1 a.m. and 3 a.m.

(5) The renter shall keep the vehicle in a neat and clean condition at their own expense.

(6) The renter undertakes to regularly check the type of tires, tire tread depth, air pressure, and windshield washer fluid for suitability for the weather conditions.

(7) The lessee consents to telemetric data exchange and online maintenance with the car.

(8) Tesla vehicles regularly receive software updates over the air, which set up new features, improve existing functions, and provide important safety features via Wi-Fi. As soon as an update becomes available, a message will appear on your touchscreen. The lessee undertakes to connect the vehicle to a Wi-Fi network on a regular basis in order to update the vehicle with software updates provided by Tesla.

§19 Repairs for subscription/subscription+ rental agreements

(1) Minor defects in the rental car do not entitle the lessee to a vehicle replacement or repair.

(2) Moderate defects that do not unreasonably impair the basic usability of the vehicle or compromise road safety may be repaired by the lessor within one year. The lessee is obliged to collect faults and to accept an annual time window of approx. 2 weeks for any necessary workshop visits. The lessee shall bear the costs for flat tires and may not have any non-standard replacement tires fitted without consulting the lessor. If the tread deviation exceeds 3 mm, both tires on an axle must be replaced.

(3) The lessee grants the lessor lead times of up to 4 months for plannable workshop visits. In the case of Tesla vehicles, the lessee arranges the workshop appointments themselves after consulting with the lessor via the manufacturer's app. In the event of a vehicle being unroadworthy through no fault of the Lessor, the Lessor shall endeavor to have the vehicle repaired by the respective manufacturer as quickly as possible. No replacement vehicle shall be provided for the waiting times during repairs.

§20 Tesla Robotaxi Car Sharing for Subscription/Subscription+ Rental Agreements

If the vehicle is equipped with the Full Self-Driving option, the renter allows the rental company to add the vehicle to the Tesla Robotaxi car sharing network with a 30% revenue share while it is not being used by the renter. The vehicle can be recalled from the Tesla Robotaxi car sharing network by the renter in good time for their own trips. Mileage, wear and tear, and any damage incurred by the vehicle within the Tesla Robotaxi car sharing network shall not be borne by the lessee. Any cleaning costs incurred after the vehicle has been made available to the Tesla Robotaxi network shall be borne by the lessee and shall be offset against the above-mentioned revenue share.

§21 Termination

(1) Ordinary termination shall be governed by the provisions of the rental agreement.

(2) Both parties may terminate a rental agreement without notice for good cause. Good cause for termination by the lessor shall include, in particular

• a significant deterioration in the lessee's financial circumstances,

• insolvency of the lessee,

• unauthorized, even temporary, transfer of the vehicle to a country not approved for use,  serious misuse and/or unlawful use of the vehicle, including in particular the points listed in § 10

• if the lessee is more than two months in arrears with the payment of the rent due.

• if the lessee is at least 60 days in arrears with the payment of the security deposit due after the start of the lease or upon extension of the lease agreement,

• upon a justified request by the lessor, made within a reasonable period of time and stating the reasons, the lessee does not grant the lessor the opportunity to inspect the vehicle, even though this would be reasonable,

• if the lessee and/or his vicarious agent has knowingly provided false or significantly incomplete information about himself or the driver,

• unlawfully conceals or attempts to conceal damage to the rental vehicle.

• In the event of justified termination for good cause, the landlord shall not be liable for financial losses incurred by the tenant as a result of the loss of the rental property.

(3) If there are several rental agreements between the lessor and the lessee and the lessor is entitled to terminate a rental agreement without notice for good cause, the lessor may also terminate the other rental agreements without notice if it is unreasonable to expect the lessor to maintain the other rental agreements due to grossly unfair conduct on the part of the lessee. This shall be presumed to be the case, in particular, if the lessee has culpably failed to fulfill his obligation to return the vehicle from the terminated lease agreement or has failed to do so in a timely manner.

(4) If the lessor terminates one or more rental agreements extraordinarily/without notice, the lessee is obliged to return the vehicle, together with the vehicle documents, all accessories, and all vehicle keys, to the lessor's premises without delay.

§22 Vehicle upgrades for Subscription/Subscription+ rental agreements

(1) Depending on the vehicle variant and selected equipment, Tesla offers the option of unlocking additional features via software for a one-time payment. If the lessee wishes to use additional features during the term of the agreement, they may notify the lessor in writing. The existing rental agreement can then be extended by mutual agreement to include the additional functionality at the earliest possible date. Depending on the remaining term, the amount of any immediate one-time payment to be made by the lessee or the amount by which the monthly installment will increase until the end of the term will then be calculated.

(2) If the lessee upgrades/purchases without the lessor's approval, the purchase price must be paid immediately by the lessee as a one-time payment. No credit will be applied to the monthly installment corresponding to the remaining term.

§23 Access to a vehicle

(1) The lessee will generally be provided with a key card and/or electronic key via the Tesla app for the rental period.

(2) The lessee is only permitted to store mobile devices of any kind in the vehicle as additional or alternative means of access authorization to the key cards after consultation with the lessor.

(3) The lessee is prohibited from removing stored Veltyx mobile devices that are stored in the vehicle as additional means of access authorization alongside the key cards. If the renter notices this, they must notify the rental company immediately. Furthermore, after consultation with the rental company, the vehicle must be brought to one of the rental company's locations as soon as possible so that access authorization can be reestablished. The costs shall be borne by the renter.

(4) If the renter loses one or more key cards, this must be reported to the rental company immediately, and the corresponding key card must be removed from the vehicle as an access authorization under Vehicle > Locks. The procurement costs shall be borne by the renter.

§24 Place of jurisdiction

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The contract is governed by the laws of the Federal Republic of Germany. The place of jurisdiction is Munich, provided that the lessee is a merchant, a legal entity under public law, or a special fund under public law.

§25 Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which can be found here: https://ec.europa.eu/consumers/odr/. We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board. The general consumer arbitration board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.

§26 Personal data

The personal data of the renter/driver is collected, processed, and used by the rental company or a third party commissioned by it to handle the rental on site for the purposes of establishing, executing, or terminating the contract. Data will only be transferred to other third parties within the framework of our data protection policy. The lessor is the responsible body within the meaning of the BDSG. Status: November 30, 2020.

§27 Final provisions

(1)    Supplementary agreements and amendments to the contract must be made in writing. This also applies to this written form requirement itself.

(2)    Should provisions of this agreement be or become wholly or partially invalid, or unenforceable, the validity of the remaining provisions shall remain unaffected. In this case, the parties undertake to agree on provisions that come closest to the intended purpose of the original provision in legal and economic terms.

(3)    Changes to the general terms and conditions of the rental agreement shall be notified to the tenant by the landlord and handed over to the tenant. Subscription tenants shall receive the amended GTC by post or email. If these are not revoked in writing within 14 days, they shall be deemed accepted.