General Rental Conditions of the

Insight Living Rental Cars GmbH

Status: 06/24

Preamble

Thank you for renting a vehicle from Insight Living Rental Cars!

Insight Living GmbH (hereinafter referred to as Insight Living Rental Cars or ILRC) is a German company with its registered office at Landstuhler Str. 2, 66877 Ramstein-Miesenbach, registered at Amtsgericht Zweibrücken, HR-Nr.: 32693

We are pleased to provide you with the following services in accordance with these General Terms and Conditions of Rental (hereinafter  referred to as the ”  Terms and Conditions”) when concluding a rental agreement:

• the leasing of a vehicle – whether a car, van or truck – to you as defined in Section 1 below for the period specified in the Rental Agreement, including accessories also listed in the Rental Agreement.
• certain mobility services that we provide to you for all vehicle rentals and other additional services at an additional cost.

The documents relevant to the contractual relationship between you and ILRC are:

• the rental agreement with the terms and conditions agreed upon in each case (the document signed by you at the time of taking over the vehicle or on the day of rental).
• the booking confirmation by e-mail (if you have booked the vehicle online or offline in advance).
• the ILRC provisions on insurance coverage
• the price overview of additional services
• these current terms.

In the event of a conflict between the documents listed above, the documents shall prevail in the order indicated, i.e. Document 1 shall prevail over Document 2 etc.

1) To whom do the terms apply?

The terms apply to you as a renter who is liable to pay for the vehicle rental and all associated costs. Furthermore, for you as the driver and for any additional driver who is expressly entered in the rental agreement and is therefore entitled to drive the vehicle.

The tenant entered in the rental agreement is liable for the payment of the rent owed under the contract and other costs.

2) Who is allowed to rent and who is allowed to drive the vehicle?

1. a) Who is allowed to rent?

Any legal person and any natural person who:

(1) has the legal capacity and legal capacity to enter into a contract with ILRC and is willing to assume the obligation for the vehicle for the rental period; and

(2) has the means of payment accepted by ILRC

ILRC only accepts the following payment methods:

• Credit cards

• PayPal

ILRC does NOT accept any of the following payment methods:

• Cash payment
• Girocard
• Cheques

(3) and submit valid documents listed in the following:

• Identity card, passport or comparable

• Driver’s license valid in Germany in Latin script (European or international driver’s license or certified translation)

• Proof of current address, no P.O. Box

ILRC is entitled to refuse to conclude a rental agreement within the scope of its own freedom of disposition.

1. b) Who is allowed to drive the vehicle? (Authorized Drivers)

An authorised driver of a vehicle is any natural person who:

(1) is expressly entered in the rental agreement with complete data; these are basically the renter and, if applicable, registered additional drivers.

(2) presents a valid driving licence and a valid identity document in accordance with 2 a).

(3) depending on the vehicle category, has the following minimum age and period of possession of a valid driving licence (the driving licence is also taken into account in the period of possession of the driving licence (BF17) in accompanied driving):

Buget class and small car: minimum age 18 years, valid driver’s license for at least 1 year

All other classes: 21 years, valid driver’s license for at least 3 years

The renter is obliged to provide the names and addresses of all drivers at the request of ILRC, if they are not named in the rental agreement. The drivers are vicarious agents of the renter. If the vehicle is driven by other persons (additional drivers), separate costs will be charged for each additional driver.

1. c) Who is not allowed to drive the vehicle?

A person who is not listed as an authorized driver in the rental agreement is not allowed to drive the vehicle. Furthermore, persons who are unable to present an identification document listed in accordance with numbers 2 a) or 2 b) are also not included.

Allowing an unauthorized driver to drive the vehicle is a violation of the Terms and Conditions and you will be liable to ILRC for any resulting damages caused by you and/or an unauthorized driver.

The ineligible driver will not have insurance coverage or protection from any additional services offered by ILRC. Coverage then exists exclusively within the framework of statutory liability insurance (indispensable insurance cover).

3) Where can the vehicle be driven? (Contract area)

The renter and the driver are not allowed to drive the vehicle outside the contract territory. The contract area includes the following countries, which may be used depending on the vehicle category:

1. a) for vehicle category budget class: Germany
2. b) for vehicle categories of small cars, middle class, upper middle class, luxury class:

Germany, Denmark, Poland, Czech Republic, Austria, Switzerland, Italy, France, Belgium, Netherlands, Liechtenstein, Luxembourg,

If the renter drives an ILRC rental vehicle to a country not listed (clauses 3a and b), a contractual penalty is due in accordance with the price table as set out in Appendix 2.

For journeys abroad within the above-mentioned and permitted contract territory, ILRC charges a separate fee (“Cross Border Fee (CBF)”, see price overview in Appendix 2). In the case of permitted international trips, the renter and the driver are obliged to inform ILRC about the planned international trip at the time of booking and at the latest before crossing the border. If the renter does not inform about the planned trip abroad to a permitted contract area, the border crossing fee (“cross-border fee”) and additionally a processing fee according to the price table according to Appendix 2 will be due retrospectively. You will be allowed to prove that we have not suffered any damage or that it is significantly lower than the respective processing fee.

If you have any questions, please contact our customer service by phone at 06371 – 6177899.

Please note that you are obliged to comply with the laws, traffic regulations and any toll obligations of the country in which you drive the vehicle. You, as the renter and driver, are liable for all claims arising from the owner’s liability during the rental period.

4) Liability for items transported with the rental vehicle

ILRC is not liable for the risk associated with transported items. Nor will ILRC be liable for any loss in connection with a business opportunity or for any business interruption in connection with the rental.

5) What are the obligations of the renter and the driver in relation to the vehicle?

If you rent a vehicle from ILRC, you and the drivers are responsible for the following obligations:

1. a) The Renter and the driver are obliged to return the vehicle and the vehicle keys as well as the accessories at the end of the rental period on the agreed day and time at the agreed return location. ILRC grants a tolerance of 29 minutes at the end of the rental period. There is a tolerance time of 15 minutes for pick-ups (see section 11 d)). The vehicle, keys and accessories must be returned in the same condition as ILRC provided them at the time of rental. If you do not return the vehicle as set out above, ILRC will act in accordance with the procedures set out in these Rental Terms and Conditions (in particular, Section 11, “What are the rules when returning the vehicle?”).

1. b) If you intend to drive the vehicle outside of Germany, you are obliged to ensure that the vehicle has the proper equipment in accordance with the applicable laws of the country in which you drive or transit.
2. c) The Renter and the driver are obliged to drive the vehicle in a reasonable manner, taking into account the applicable laws and regulations, and to ensure that they are familiar with all relevant traffic regulations applicable locally. You will be liable for all fees, tolls, charges, fines and penalties incurred in connection with the use of the vehicle, as well as for any disturbance of possession caused by the ILRC or any third party to whom the renter provides the vehicle, for which the ILRC is held liable to the extent that you are responsible for them. For each request by a prosecuting authority or other third parties to determine the tenant data, a lump sum is due in accordance with the price overview in Appendix 2.
3. d) The Renter and the driver are obliged to ensure that the luggage or objects transported in the vehicle are secured in such a way that they do not cause damage to the vehicle and do not pose a risk to the persons travelling with them. The applicable regulations on load securing must be observed.
4. e) The Renter and the driver are obliged to ensure that the vehicle is handled with normal care. You are required to ensure that the vehicle is locked and protected by the anti-theft device when the vehicle is parked or unattended.
5. f) The Renter and the driver may not drive the vehicle if their ability to drive is impaired, in particular under the influence of alcohol, cannabis, drugs or illness.

1. g) Smoking is strictly prohibited in all vehicles. We are entitled to claim a lump sum for damages in any case of culpable violation of this prohibition by you or third parties transported by you. They are allowed to prove that damage did not occur at all or is significantly lower than the lump sum.
2. h) We hand over our vehicles to the renter ready to drive, tested and with all necessary fuels. During the rental, the renter and the driver are obliged to fill the vehicle with the operating materials suitable for the vehicle (fuel, oil, wiper water, coolant, etc.) if necessary. If the wrong fuel is refuelled, you are liable for the costs incurred by towing the vehicle and/or repairing the damage on the basis of the regulations in section 12 (Damage to the vehicle). This does not apply if you can prove that the incorrect refuelling is attributable to a third party.

1. i) The Renter and the driver may not use or permit the use of the vehicle for the purposes set out below.

(1) The vehicle may not be sublet, encumbered, pledged, sold or otherwise encumbered in any other way, not only the vehicle itself, but also vehicle parts, vehicle keys, vehicle documents, equipment, tools and/or accessories.

(2) To transport passengers for hire or payment (e.g. for car sharing and commercial passenger transport), unless expressly agreed with ILRC and you have the appropriate permission.

(3) Carriage of more persons than indicated in the vehicle documents.

(4) Carriage of flammable and/or dangerous goods, toxic, dangerous and/or radioactive products or products that violate the applicable legal provisions (except in the case of everyday products, e.g. deodorant/hairspray, which do not violate the applicable laws and are in accordance with normal use of the rental vehicle).

(5) Use of the vehicle for the transport of goods with a weight, quantity and/or volume higher than those indicated in the vehicle documents.

(6) Use of the vehicle for racing, even if the race track is open to the general public for test and practice drives (so-called tourist drives). This also applies to driving off paved roads, for reliability tests, speed tests or for participation in rallies, races, driving safety training or test runs, regardless of where they take place and whether they are official or not.

(7) Use of the vehicle for the transport of live animals (with the exception of pets and/or animals kept in the house in suitable transport boxes). Necessary special cleaning costs are to be borne by the tenant. Special cleaning costs are calculated according to effort, but at least with a special cleaning flat rate. They are allowed to prove that damage did not occur at all or is significantly lower than the lump sum.

(8) Use of the vehicle for driving school purposes and accompanied driving.

(9) Use of the vehicle to tow or push another vehicle or trailer (unless the rental vehicle is equipped with a towbar and the total weight shown in the vehicle documents is respected).

(10) Use of the vehicle on gravel roads or on roads whose surface, size or condition poses a risk to the vehicle, such as the beach, impassable roads, forest paths and mountains, or roads that are not approved and unpaved.

(11) to commit an intentional act.

(12) for transporting the vehicle on board an aircraft.

(13) Use of the vehicle within the areas of ports, airports and/or aerodromes that are not authorised for traffic and/or in areas that correspond to those areas or that do not allow access to public transport. This shall also apply to the premises of a refinery or oil company, including the associated facilities, unless expressly approved in writing by ILRC. In the event that ILRC grants you authorisation, ILRC will inform you of the coverage of the liability insurance that applies in this case and may vary depending on the circumstances.

(14) for the commission of customs and other criminal offences, even if these are punishable only under the law of the place where the offence was committed.

(15) for other use that goes beyond the use in accordance with the contract.

During the rental, you are obliged to take all necessary measures to maintain the vehicle in the condition in accordance with the contract. In particular, the renter and the driver must carry out the usual vehicle checks, e.g. oil, water level, tire pressure and AdBlue.

If the vehicle you have rented is equipped with assistance systems, it is your responsibility to read the relevant passages in the user manual before use in order to familiarize yourself with the operation and the limitations and limitations of these assistance systems. You must be attentive and able to control the vehicle at all times.

Please note that the mileage shown on the display depending on the tank content may vary depending on your driving style, load and use of heating/air conditioning.

Vehicle displays and operating instructions are generally given in the language of the country of registration. For further questions about vehicle operation, please contact ILRC staff or consult the user manual on the Internet, which is available there in different languages. If an owner’s manual is not available online, you can find the owner’s manual in several languages in the paper version that is present in the vehicle.

You will be liable to ILRC for all consequences arising from the breach of the foregoing obligations. Please note that failure to do so may affect a possible claim for damages on your part.

In addition, you are also liable for the accessories (e.g. child seat, navigation device) and vehicle equipment (e.g. safety vest, warning triangle, operating instructions) rented by you, if these are not returned when the vehicle is returned or are present in the vehicle, insofar as this is your responsibility. You will be allowed to prove that we have not suffered any damage or that it is significantly lower than the damage claimed in each case.

6) What mobility services are included in the rental price?

The basic rent includes the following mobility services:

• Motor vehicle liability insurance

• Collision Damage Waiver (VK) with an excess depending on the agreed product or as per individual agreement.

• Included free kilometers, depending on the choice of product

• Technical support for the vehicle in the event of impairment of the vehicle’s driving ability not caused by the renter or driver (emergency management service) in Germany.

7) Which mobility services are not included in the rental price?

You can book additional services and products for an additional charge, which are listed in the price overview of additional services and costs (Appendix 2).

8) What is included in the rental price?

The information you provide to ILRC at the time of booking (e.g. duration and day of rental, your age or the age of an additional driver) will affect the price you pay. Any change in such information may mean that the price will also change. The price for the rental is the price in force at the time of booking or at the time of any subsequent modification of the booking.

The price to be paid by you includes the following costs for:

1. a) the rental costs for the vehicle for the agreed rental period (these include the mobility services mentioned above).
2. b) Additional costs for additional kilometres, if you have
3. c) be able to specify exactly what additional kilometres will be incurred.

1. d) the rental period, which will be calculated depending on the agreed rate; this is not divisible and is calculated from the time of vehicle rental.
2. e) other mobility services or accessories selected by you at an additional cost.
3. f) VAT that is valid at the time the service is provided.
4. g) Additional costs associated with the person of the Renter or the Driver.

By entering into the Vehicle Rental Agreement, you expressly authorize ILRC to collect all costs associated with the rental through your means of payment. You give your express permission to do so at our station when you hand over your means of payment to our representative before picking up the vehicle.

9) What other fees/costs may apply?

1. a) Deposit. In addition to the rental price (which you paid in advance at the time of booking or which you pay at the time of vehicle pick-up or return), ILRC will ask you to provide security for any additional costs that may arise during your use of the vehicle during the rental period.

This security is provided as financial security, when paying with a credit card in the form of a pre-authorization (authorization) from your bank. If you have not booked your vehicle on site (internet or telephone), the deposit amount will be stated in the confirmation email you will receive after your booking. In any case, you will be reminded to pay the deposit at the pick-up station. If you need additional information about the deposit, please refer to Section 19 (Regulations on deposit payment).

1. b) ILRC may charge you for any costs incurred during the rental period and/or as a result of your use of the vehicle. The amount (including VAT) of these costs is listed in the price overview for additional services and costs (Appendix 2). This overview is attached to your confirmation email or is available at our stations and/or on our website.

The above costs and fees include, in particular:

1. c) Processing fees for the determination of driver data for the handling of fines, tolls or other costs incurred as a result of the rental, for which the ILRC is claimed as the holder. They are expressly permitted to prove that any damage has not occurred at all or is significantly lower than the lump sum. Please note that such processing fees are in addition to the fine or toll and that you are liable for the payment of such fines or tolls. The renter of the truck or the owner of the trailer is solely responsible for the payment of the trailer collection surcharge.
2. d) cleaning costs for a vehicle that is returned in a dirty condition beyond the contractual use or with an odour impairment. Special cleaning costs are calculated according to effort, but at least with a special cleaning flat rate. They are allowed to prove that damage did not occur at all or is significantly lower than the lump sum.

1. e) Costs for lost or stolen vehicle keys, insofar as the loss is attributable to you.
2. f) Costs for non-return of accessories and documents supplied in the vehicle (such as warning triangle, fluorescent safety vests, operating instructions, etc.) and/or the accessories you have chosen (e.g. car seat, navigation device, charging cable for a household socket, etc.)
3. g) Flat-rate costs for processing per claim.
4. h) Costs for processing lost property.
5. i) Fuel consumed during the rental period, including a service fee for refueling.
6. j) For car rentals: a climate protection amount per rental day, the amount of which depends on the rented vehicle category.
7. k) The following additional special fees and charges: additional costs for a rental at an airport or train station or cruise terminal, costs for returning the vehicle to our location (other than the station where you picked up your vehicle), the extension of your rental and additional mileage in excess of the agreed free mileage.

In order to execute the Vehicle Rental Agreement, it is necessary for ILRC to be able to collect all legally and/or contractually owed costs in connection with the rental via your means of payment. You give your express permission to do so at our station when you hand over your means of payment to our representative before picking up the vehicle. In particular, you authorize us to collect contractually owed processing costs in connection with administrative offenses and fine proceedings, as well as warnings and penalties paid by ILRC, via your credit card, provided that you have culpably committed the underlying traffic violations.

10) What does the renter or driver have to pay attention to when picking up the vehicle?

If you notice a defect or damage that is not documented in the rental agreement, you are obliged to ensure that this is noted on the rental agreement. This also applies in the event of a defect or damage to the booked accessories. This amendment must be signed by you and the ILRC representative.

Alternatively, the defect or damage can also be reported directly by phone or e-mail. To do so, please send an e-mail with the subject “Previous damage” to rentalcars@insight-living.com or call the service number +49 1556 051 45 81.

11) What are the rules when returning the vehicle?

You are obliged to return the vehicle to our station or at the agreed pick-up location no later than the day and time agreed in the rental agreement.

1. a) Return of the vehicle during the opening hours of the ILRC station

You can return the vehicle to our station during opening hours.

The rental ends when you return the vehicle to our ILRC station and hand over the vehicle keys and other accessories to an ILRC representative.

If you return the vehicle earlier than agreed in the rental agreement, you are not entitled to a refund of part of the rental costs. You will be allowed to prove that we have not suffered any damage as a result of the early return or that it is significantly lower than the retained part of the rental costs.

When returning the vehicle, you are required to inspect the vehicle with an ILRC representative and sign a return protocol for the vehicle.

Upon request, ILRC will provide you with a take-back document confirming the return of the vehicle to ILRC.

ILRC is not liable for any items or documents that you may have left in the vehicle, unless it is proven that they have been lost within ILRC’s area of responsibility.

1. b) Out of hours return service

ILRC recommends returning the vehicle during the opening hours of the station. At the customer’s request and by arrangement, ILRC offers an additional, fee-based service outside opening hours.

1. d) Late return of the vehicle

If the vehicle is not returned on the day agreed in the rental agreement, or if you are not present at the time of the scheduled pick-up, and if you do not immediately report the reason for the late return, ILRC must assume that you are using the vehicle unlawfully. ILRC is then entitled to file a complaint with the competent authority.

In such a case, ILRC shall be entitled to charge you a usage fee based on the applicable tariff for each additional day of unauthorised use and, in the event of unsuccessful collection (= empty run) in accordance with Appendix 2, an expense allowance of up to € 50.00, unless you can prove that you no longer have the vehicle through no fault of your own or that the failure to do so:  return the vehicle due to circumstances that are not your fault. ILRC may recover against you all damages incurred by ILRC as a result of your negligence, including, but not limited to, fines, penalties, tolls, third-party claims, or actions arising from claims by public authorities for the purpose of identifying the tortfeasor or for the purpose of clarifying any other circumstances relating to a misdemeanor or criminal act.

ILRC is also entitled to take legal action to demand the immediate return of the vehicle. In such a case, the agreed insurance cover and other contractual benefits do not apply.

12) Damage to the vehicle

If the condition of the vehicle at the time of return differs from the condition at the time of rental, the following regulations apply to damage caused by you or the driver at fault.

1. a) Damage detected in your presence at the time of return

If damage is discovered in your presence when the vehicle is returned and you confirm this by signing the return report, one of the following regulations will apply, depending on the extent of the damage:

(1) In the case of damage according to the price list for Direct Claims Settlement: The damage will be invoiced on the basis of the price list for Direct Claims Settlement, if you pay for it directly on site when you return the vehicle, unless there are other reasons to the contrary (e.g. gross negligence, intent, vehicle replacement during the rental period, special billing modalities, etc.). If, on the basis of your information, direct claims settlement has been incorrectly claimed (e.g. accidents with third-party involvement, gross negligence, intent, etc.), ILRC reserves the right to claim additional damages retrospectively.

If you request proof of the damage afterwards, we will invoice you for a lump sum.

If you do not pay for the damage directly on site, it will be calculated on the basis of a cost estimate or an expert opinion plus a lump sum for processing the claim.

Insofar as we charge a lump sum in accordance with the preceding paragraphs, you will be permitted to prove that we have not suffered any damage or that it is significantly lower than the respective lump sum.

(2) For all other damages: Damages that are not listed in the above-mentioned price list for direct claims settlement will be calculated on the basis of a cost estimate or an expert opinion plus a lump sum for the processing of the claim. For this lump sum you will also be allowed to prove that we have not suffered any damage or that it is significantly lower than the respective lump sum.

If you do not sign the return protocol, the procedure described in section 12 b) applies.

1. b) Damage detected in your absence when returning outside opening hours

If, after returning the vehicle in your absence, damage to the vehicle is detected by an ILRC representative, the following applies:

(1) If you have rented the vehicle from EMobG as a consumer, ILRC will send you the following documents:

Ø Return report for the vehicle with the description of the damage detected.

Ø Photos of the damage

Ø a cost estimate or an expert opinion on the necessary repair costs.

If you have any objections to the damages found and their calculation, you can inform us of them by e-mail or post within 14 days of sending them.

If you do not raise any objections or do not raise any reasonable objections within the 14-day period, ILRC reserves the right to charge you for the necessary repair costs plus a lump sum for processing the claim.

(2) If you have rented the vehicle as an entrepreneur, ILRC will invoice you for the necessary repair costs plus a lump sum for the processing of the claim. With the invoice, ILRC will send you the following documents:

Ø a cost estimate or an expert opinion on the necessary repair costs

Ø Photos of the damage

Ø Return report for the vehicle with a description of the damage detected

ILRC reserves the right to exclude customers with conspicuous claims behavior from future rentals.

(c) General provisions

Please note that depending on the damage caused to the vehicle and the extent of the agreed insurance cover (see also the ILRC Coverage Policy that was attached to your confirmation email or that is available at our locations or on our website), you may be charged for full or partial repair costs.

If you have any objections to the damage found and how it is calculated, you can proceed as described in Section 26.

13) Obligations of the renter and driver with regard to the maintenance of the vehicle

During the rental period, the renter and driver are obliged to take all necessary measures to maintain the vehicle in the same condition as it was at the time of rental.

Please pay attention to the warning lights in the vehicle display and take all necessary measures according to the owner’s manual.

If in doubt, please contact our emergency management service by phone at

+49 155 605 145 81.

Any modification or mechanical intervention of the vehicle is prohibited without the prior written permission of ILRC. If this rule is breached, you will be responsible for the costs necessary to restore the vehicle to the condition it was in at the time of rental.

You may order repairs that are necessary to ensure the operational and roadworthiness of the vehicle up to the amount of € 50 yourself, and larger repairs only with the consent of ILRC. The repair costs will be borne by ILRC upon presentation of the appropriate supporting documents, provided that the tenant is not liable for the damage, see section 23.

You will be liable to ILRC for all consequences arising from the breach of the above-mentioned maintenance obligations.

14) Obligations of the renter and driver in the event of accident, other damage, breakdown or theft of the vehicle

In the event of an accident or impairment of driving due to a technical defect that prevents you from continuing your journey and/or is obliged to stop the vehicle, you will be provided with an emergency management service. This is included in the rental price. The provisions of emergency management are regulated in Appendix 1 to these Conditions.

In these cases, please contact our emergency management service at the following number:

+49 155 605 145 81

Renters and drivers are obliged to notify the police and ILRC immediately after an accident, fire, theft, game or other damage. This also applies to self-inflicted accidents without the involvement of third parties. Opposing claims may not be recognised. Even in the case of minor damage, you are obliged to prepare a written report with a sketch. The accident report must contain in particular the name and address of the persons involved and any witnesses as well as the registration number of the vehicles involved.

In the event of theft of the vehicle, you are obliged to provide ILRC with a copy of the criminal complaint without undue delay, together with the vehicle keys and the vehicle documents, if these have not also been stolen.

15) When is the rental invoice issued and when is it to be paid?

You will receive a final statement as soon as all the components of your rental have been settled, but no earlier than the day after the vehicle is returned.

Depending on the product and payment method, you pay the full invoice amount in total in one or more parts, or ILRC collects the corresponding amount via the agreed payment method.

You can opt for an advance payment (prepayment only when booking online), this prepayment includes the rental for the booked period, the accessories for the rental period and for any additional mobility service booked. Your payment method will be charged with the corresponding amount. When renting, the renter must present the same credit card as a means of payment as for the prepayment. You will receive a confirmation of the advance payment made.

This advance payment will be taken into account in the final settlement of the rental agreement and deducted from the total amount that may (still) be paid.

If you decide not to make an advance payment, you will be charged the deposit amount at our station where you pick up your vehicle, in addition to the cost of the vehicle rental and the accessories chosen, for any additional service or additional driver or insurance cover you have chosen before picking up the vehicle. These costs will be shown on the rental agreement that you sign before you pick up the vehicle. The final total cost of your rental will be calculated and charged at the time of returning the vehicle at the end of the rental.

You will be charged any additional fees or charges when you return the vehicle, if they can be charged at that time. In the event that additional costs are incurred, such as a fine or damage to the vehicle that was discovered at the time of return, ILRC will charge you for these and other administrative costs (e.g., claims handling costs, fines processing fee) at a later date when ILRC becomes aware of these costs.

You can raise objections to this calculation by e-mail or post within a period of 14 days from receipt of the letter; this also applies to the proof, if you are not the perpetrator.

If you do not respond within this period, you will be charged.

If the Renter has provided ILRC with his e-mail address, he agrees that the invoices will be sent to him in electronic form to the e-mail address provided and that he will no longer receive the invoice in paper form. It is the renter’s responsibility to ensure that the email address provided by the tenant is valid and that emails can be received at the email address provided.

The tenant can object to the sending of the invoice in electronic form at any time. ILRC will then send the tenant a paper invoice. The additional costs incurred as a result of sending the paper invoice and the postage costs must be borne by the tenant.

With tenants who are not consumers and who have issued a direct debit authorization, a direct debit notice period (pre-notification) of one day is agreed, which is fulfilled when the direct debit authorization is sent.

If you do not pay the invoice amount by the due date shown on the invoice and even after a reminder, the default interest is 5% above the base interest rate if you are a consumer, for business customers the default interest is 9% above the base interest rate. You can prove less damage caused by default.

If it becomes necessary to commission a debt collection agency in the event of delay, you must bear the costs incurred as a result, unless you were recognizably insolvent or willing to pay and did not otherwise raise any objections to the cause of the claim.

If the invoice amount has not been paid by the due date, the default interest must be paid in addition to the outstanding amount.

16) Modification or cancellation of a booking

1. a) Amendment

You can change your booking free of charge, provided that you notify ILRC at least 48 hours before the scheduled start of the rental. You should always use the same communication channel as when you made the original booking.

Please note that new rental rates and new mileage packages may apply if you change your booking.

Changes can only be made on site, by e-mail or by telephone.

1. b) Cancellation and No Show

(1) Cancellation – You can cancel your booking free of charge, provided that you notify ILRC at least 48 hours before the start of the rental.

(2) Late cancellation: If you cancel the booking to ILRC within a period of less than 48 hours before the start of the rental, you may be charged a cancellation fee of up to € 50. The cancellation fee is not higher than the agreed rental price.

If you have paid the rental price in advance, you will be refunded the amount paid in advance minus the cancellation fee. If you have not made an advance payment, the cancellation fee will be charged to the means of payment you provided to ILRC at the time of booking. If you have not made an advance payment and ILRC does not have details of your payment method, you will still be responsible for paying the cancellation fee.

You are allowed to prove that ILRC has not suffered any damage or that it has suffered a significantly lower damage than the cancellation fee.

(3) No Show Fee If you do not cancel your booking and fail to pick up the vehicle at the agreed start of the rental, you may be charged a no-show fee of up to € 95. The no-show fee is not higher than the agreed rental price. If you have paid the rental price in advance, you will be refunded the amount paid in advance minus the mentioned no-show fee. If you have not made an advance payment, the no-show fee will be charged to the means of payment you provided to us at the time of booking. If you have not made an advance payment and ILRC does not have details of your payment method, you will still be responsible for paying the no-show fee. You are entitled to prove that ILRC has not suffered any damage or that it has suffered a significantly lower damage than the no-show fee.

(4) Unsuccessful service

If you do not take delivery of the vehicle when you have booked delivery or are unable to accept it due to clause 2 a) or 2 b), you will be charged an expense allowance for the interrupted delivery (= empty run) up to the amount of € 50.00 in accordance with Appendix 2 and in addition one rental day in accordance with the agreed conditions. Delivery is considered unsuccessful if you do not take delivery of the vehicle on the agreed delivery date and you do not accept the vehicle in accordance with a grace period of 15 minutes. The acceptance of the vehicle must be carried out in accordance with these conditions. You are permitted to prove that ILRC has suffered no damage or a substantially lower damage.

1. c) Delay

If you have paid the rental price online or provided your credit card details at the time of booking, the rental station will provide you with a vehicle of the booked vehicle category at the agreed rental time.

If you have not paid the rental price online when booking the vehicle or provided us with your credit card details or personal data (e.g. address, driver’s license number, train or flight number), the rental location cannot guarantee that a vehicle will be available later than 2 hours after the booked rental time.

For deliveries, an employee must wait a maximum of 15 minutes for your arrival. After the expiry of the time, the compensation according to Zif. 13 b) (4) if service cannot take place due to your fault. You are permitted to prove that ILRC has suffered no damage or a substantially lower damage.

1. d) Force majeure

If you cancel your reservation or do not (cannot) pick up the vehicle at the agreed rental time or take delivery of the delivered vehicle, you will not be liable if a force majeure event is the reason for this.

An event of force majeure exists if the event is beyond your control, could not have been foreseen at the time of conclusion of the contract even if the utmost care had been exercised, and its effects could not have been avoided even by appropriate measures. Such an event releases you from the obligation to rent the vehicle. If you invoke force majeure, you must present and prove the prerequisite for this.

Please note that strikes, delays or cancellations of your chosen means of transport (train, plane or similar) are not considered force majeure and do not relieve you of the obligation to pay cancellation costs or a no-show fee.

17) Lease renewals

For any extension of the rental period of less than 24 hours agreed in your rental agreement, please contact our customer service by phone at
+49 155 605 145 81.

For any extension of more than 24 hours, you are obliged to:

1. a) inspect the vehicle together with an ILRC representative.
2. b) pay the rent and any additional costs that may be incurred.
3. c) sign a new lease or an addendum to the original lease.

a means of payment for the extension period. If you do not meet these conditions, the provisions of the preceding section on the return of the vehicle will apply.

18) Fuel Directive

Please note that the regulations applicable to refuelling the vehicle depend on the country of rental and the type of vehicle you have chosen. Please carefully review the regulations that apply to each of your rentals. Please ask the ILRC representative for the details of the available options.

1. a) Gas-powered and/or hybrid vehicles (as far as fuel is concerned)

All vehicles will be handed over to you with a full tank.

REFUELING CONTROL FULL / FULL

(1) We rent you a vehicle with a full tank of fuel

(2) You return the vehicle with a full tank of fuel

(3) You will not pay for the refuelling service or fuel under the following conditions:

• You have driven less than 100 km during your rental period and can provide proof of refueling: The basis for the distance driven is the difference in the mileage between the rental and return of the vehicle. Due to the manufacturer, the fuel needle rarely changes after 100 km driven. Therefore, you will be required to provide a valid fuel receipt proving that the vehicle has been refuelled before returning it during the rental period with the amount of fuel that the vehicle consumes on average per 100 km proportional to the distance driven during your rental period. In addition to the fuel price, you pay a refuelling flat rate per litre of fuel refuelled.

The current price per litre including refuelling flat rate is available at the ILRC station. The renter is allowed to prove that no or lower costs have been incurred for refueling.

Please ask the staff at the ILRC station for additional information on the average consumption of the vehicle model you are renting.

• You have driven more than 100 km during your rental period and the fuel gauge shows a full tank: the basis for the distance driven is the difference in the mileage between the rental and return of the vehicle. The tank is considered full when the fuel gauge shows the maximum level (8/8). The tank is considered not full if the fuel gauge is less than the maximum level. The 1/8 method is used as the basis for calculation. In this case, the tank capacity of the vehicle driven is divided into 1/8 and the resulting missing amount of fuel is converted into litres and shown on the invoice. If the fuel needle is between two 1/8 values, you will be charged the missing eighths according to the next gradation.

e.g. If the vehicle is returned with a fuel level of 5/8, 2/8 of the tank will be charged.

The employee at our station can provide you with information about the fuel price per litre, including the refuelling flat rate, when you return it.

19) Deposit Payment Regulations

A deposit must be paid when picking up the vehicle. If you pay with a credit card, you will be authorized for the corresponding amount. If you have paid your rent in advance, the same credit card as the rental fee must be used to pay the deposit when renting.

The deposit serves as security for additional rental costs.

If you have made an advance payment for your rent, the deposit amount is 1000 EUR. If you have not made an advance payment at the time of reservation, the rental price will also be blocked on your credit card. In this case, the amount blocked on your credit card is the rental price plus 1000 EUR.

In any case, you will find the specific deposit amount on your confirmation email that we will send you when you make your reservation for the rental. Please note that for prepaid reservations, additional products and services booked at the counter will be taken into account in the deposit. The deposit will be refunded to you after the end of the rental if no additional costs have been incurred.

20) Regulations for payment with a foreign credit card

If you are a tenant with a residence that is abroad according to your data and you have a VISA or MasterCard credit card with a base currency other than euros, you can benefit from currency conversion to the card’s base currency if you pay your rent with this card.

The ILRC representative who offers you this payment option will enter your choice into the system so that the rental agreement shows the selected currency option. In this case, ILRC will make the currency conversion based on the current exchange rate of a 3.25% exchange fee already included in this exchange rate.

If you change your mind, you can make a declaration when returning the vehicle to our station. You will then receive your final bill in euros.

If ILRC is unable to provide this service for technical reasons, or if currency conversion into the base currency is excluded under the credit card terms, the conversion will be based on the terms and conditions of your bank.

21) Protection of personal data

If you rent a vehicle, ILRC is required to collect and process the personal data of you and the drivers listed in the rental agreement in order to:

1. a) manage your booking, your rental agreement and your payment,
2. b) manage and update a list of at-risk customers,
3. c) To provide you with information about similar services that we think may be of interest to you, as required by applicable law. You can unsubscribe from this service at any time. Please contact our customer service via your customer account, which can be found under the item “Management of communication preferences” or via the unsubscribe link in the email you received and, where applicable, in order to:

1. d) administer your loyalty program,

1. e) Process traffic tickets for traffic violations committed with the rental vehicle during the rental period

1. f) manage the geolocation of the Rental Vehicle, if the Vehicle is equipped with such a device.

ILRC retains your personal information for as long as necessary to fulfill the purposes set out above, supplemented by the purposes set out in our Privacy Policy.

The recipient of the personal data collected is Insight Living GmbH, as well as the competent authorities, and third parties who have a justified claim against the tenant, in particular in the case of traffic offences and disturbances of possession committed during the rental period. The recipients of your personal data may be located inside or outside the European Union. In the event of a transfer of data to a recipient located in a country whose legislation does not provide an adequate level of protection for the protection of personal data within the meaning of the Data Protection Regulations, ILRC will agree on appropriate safeguards in accordance with these Regulations.

You have the right to access, rectify and delete the data stored about you, the right to be forgotten, the right to oppose the processing of your data, the right to portability and the right to regulate the fate of your personal data after your death. You can exercise these rights as follows:

1. g) by simple letter to the following address:

Insight Living GmbH,

for the attention of the Data Protection Officer,

Landstuhler Str. 2, 66877 Ramstein-Miesenbach

1. h) or by e-mail to the following address:

rentalcars@insight-living.com

You also have the right to lodge a complaint with the relevant data protection authority.

We invite you to contact us before filing a complaint with the Data Protection Authority.

22) Vehicles with a positioning system and data in navigation and mobile phone systems (GPS)

Some vehicles, cars and trucks, of the ILRC are equipped with technology that makes the position of the vehicle determinable for ILRC.

You agree that ILRC may collect, store or use GPS coordinates and speed information or place the order to do so if you do not return the vehicle within the agreed rental period, use the vehicle outside the contracted area (see Section 3 of the General Rental Conditions) as well as in border areas or in port areas. The collection, storage and use of the data serves exclusively the purpose of protecting our vehicle fleet and ILRC’s contractual rights. We would like to point out that ILRC may be obliged to hand over this data due to orders from government agencies.

The vehicles in the ILRC fleet are largely equipped with information and communication systems such as navigation devices and mobile phone systems as standard. ILRC does not pursue the purpose of collecting personal data of renters and drivers by offering these information and communication systems. As the renter or driver, you are obliged to reset the vehicle’s information and communication system to factory settings before returning the vehicle at the end of the rental period, thus deleting all collected personal data from the navigation devices and mobile phone systems. Each vehicle in the ILRC fleet comes with an owner’s manual that includes instructions on how to reset the information and communication systems to factory settings.

23) Liability of the tenant in the event of damage

In the event of accidental damage, loss, theft or improper operation of the vehicle or breach of contractual obligations in accordance with Sections 2, 3, 5 and 14 of these Terms and Conditions, the Renter shall be liable for the repair costs incurred as a result, in the event of total loss for the replacement value of the vehicle less residual value, unless the Renter is not responsible for the occurrence of the damage.

In addition, the tenant is also liable for any consequential damages incurred, in particular depreciation, towing costs, expert fees and a lump sum for administrative costs. The renter’s liability does not apply if neither he nor the driver is responsible for the damage.

If an exemption from liability is agreed upon against payment of an additional fee, ILRC will indemnify the renter according to the principles of fully comprehensive insurance on the basis of the applicable model terms and conditions of the AKB (General Terms and Conditions for Motor Vehicle Insurance) with the following deductible plus a lump sum for damage per case of damage to the rental vehicle.

The renter will be allowed to prove that ILRC has not suffered any damage or a significantly lower damage than the lump sum. The exemption from liability covers damage caused by accident, i.e. by an event that suddenly acts directly from the outside with mechanical force; Operational and pure breakage damage are not accidental damage. The exemption from liability therefore does not cover damage caused by a switching error or incorrect refuelling or by the load. The deductible for damage depends on the vehicle category.

The deductible per claim is € 1000

These deductibles only apply unless an individual agreement has been made to the contrary.

The exemption from liability does not release the employee from the contractual obligations in accordance with Sections 2, 3, 5 and 14 of these Terms. The renter is fully liable for intentional violation of the contractual obligations, in particular for damage caused by use by an unauthorized driver or by the use of the vehicle for prohibited purposes. If the Renter has intentionally committed a hit-and-run accident or violated his obligations according to Clause 14, he is also fully liable, unless the violation has no influence on the determination of the claim. In the event of a grossly negligent breach of a contractual obligation, the tenant is fully liable if he causes the damage intentionally. If he causes the damage through gross negligence, he is liable in a proportion commensurate with the severity of his fault.

When concluding partial comprehensive cover, the tenant is liable, in particular, for glass and hairy game damage, fire and natural hazards as well as marten damage, with the deductible per damage specified in section 23 plus a lump sum for costs, unless a different individual agreement has been made. With regard to the lump sum for costs, the tenant is expressly permitted to prove that no damage has occurred at all or that it is significantly lower than the lump sum.

In all other respects, the statutory liability remains.

24) Statute of Limitations

If the accident has been recorded by the police, ILRC’s claims for damages against the renter will not become due until ILRC has had the opportunity to inspect the investigation file. The limitation period begins no later than six months after the vehicle is returned. In the event of file inspection, ILRC will notify the tenant of the time of the file inspection.

25) Liability of ILRC

Any liability of ILRC due to the breach of its contractual obligations is limited to intent and gross negligence, including intent and gross negligence of the representatives and vicarious agents. ILRC is liable in accordance with the statutory provisions if there is a breach of a material contractual obligation (cardinal obligation). In this case, liability is limited to the extent to compensation for the foreseeable damage typical of the contract. Liability for culpable injury to life, limb or health remains unaffected, this also applies to mandatory liability under the Product Liability Act.

26) Settlement of disputes in the case of a rental

(a) Applicable law

In the event of a dispute between you and ILRC in connection with your rental in Germany, German law will apply.

1. b) Customer Support

How to contact ILRC’s customer support:

Insight Living Rental Cars

Steinwendener Str. 35

66877 Ramstein-Miesenbach

Phone: +49 155 605 145 81

rentalcars@insight-living.com

1. c) Notices

All notices relating to your rental must be sent to the addresses specified in the rental agreement. The parties acknowledge these addresses as binding for the receipt of communications.

1. d) Mediation

Among http://ec.europa.eu/consumers/odr/, the European Commission has set up a platform for out-of-court online dispute resolution of consumer disputes. The ILRC will not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.

1. e) Place of jurisdiction for vehicle rentals made on a business basis

If both parties are merchants or the party to be sued does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes is Zweibrücken.

1. f) Order of precedence of contractual documents

The binding documents agreed between you and ILRC are in the following order of precedence:

(1) the rental agreement with the terms and conditions agreed upon (the document signed by you at the time of vehicle pick-up or on the day of rental).

(2) the booking confirmation by email (if you have booked the vehicle online in advance).

(3) the ILRC provisions on insurance coverage.

(4) the price list for additional services and costs (Appendix 2).

(5) these current Terms.

27) Applicable Code of Conduct for Car Rental Companies

ILRC is committed to the Code of Conduct for Car Rental Companies, which is published by Leaseurope. For more information, please visit the following internet address:

www.leaseurope.org. The German version of the Code of Conduct can be found at www.bav.de

28) Who owns the vehicles rented out by the ILRC?

The owner is the company Insight Living GmbH, Landstuhler Str. 2, 66877 Ramstein-Miesenbach, Germany, owned by Igor Pipo.

ANNEX 1

CONDITIONS FOR THE USE OF THE EMOBG EMERGENCY MANAGEMENT – SERVICE

For the duration of the rental agreement concluded with ILRC and provided that none of the following exclusions apply, you are entitled to the services of our emergency management service within the Federal Republic of Germany at no additional cost in the event of an accident or breakdown, regardless of whether the rental vehicle is a passenger car or a commercial vehicle. You can also use the emergency management service abroad for an additional fee. With regard to the use of the vehicle abroad, this service may be different in the event of an accident or breakdown there.

The services include in particular:

1. a) technical support for the ILRC rental vehicle.
2. b) In the event of a breakdown, if the vehicle cannot be repaired on site, organisation of a towing service and transport of the vehicle to the nearest specialist workshop,
3. c) arranging and paying the costs of towing a vehicle that has been involved in an accident or has broken down and cannot be repaired on site;
4. d) Procurement of a replacement vehicle within a radius of 100 km if the vehicle cannot be repaired on site. To carry out this vehicle exchange, a vehicle of the same category is first sought. No guarantee can be given that the replacement vehicle belongs to the same vehicle category.

1. e) Transport of the beneficiaries to the rental station where the replacement vehicle will be made available (taxi costs up to EUR 150)
2. f) If no replacement vehicle is provided,

can become:

• either a hotel room with breakfast for one night (excluding restaurant costs), up to €85 (including VAT) per beneficiary.
• or transport by taxi, train or plane (if no other means of transport can be used) to the place of residence or destination in Germany or to the place of departure from Germany for non-residents, up to €200 (including VAT) per beneficiary. If this is not possible, a hotel room with breakfast for one night (excluding restaurant costs) will be charged up to €85 (including VAT) per beneficiary.

1. g) Exclusions

No free emergency management service is provided in the following cases:

Breakdowns caused by the customer or due to the use of incorrect fuel, breakage or loss of the key/starter card of the rental vehicle. In these cases, the emergency services will be invoiced at a flat rate, which is stated in the price overview of additional services and costs (Appendix 2).

The following cases are excluded from free roadside assistance and will be charged:

• Roadside assistance for commercial vehicles rented in Germany and driven abroad.
• Any incident or damage resulting from participation in car tests, other motorsport events, rallies or any type of competition.
• Changes to commercial vehicles abroad.
• Measures on rural roads and paths that are impassable or measures after a blockage of the road.
• The seizure of the vehicle by the police or a seizure etc. of the vehicle caused by the renter.
• The ship crossing incurs costs that ILRC would have to pay for the return of the rental vehicle.
• Customs duties that ILRC would have to pay to ensure the repatriation of the rental vehicle.

Repair costs incurred by the customer regardless of the assistance provided will not be reimbursed.