General Terms and Conditions for Vehicle Rental by AW Cars Rushiti (hereinafter "GTC")

1. Parties

The lessor is AW Cars Rushiti, headquartered at Route de Boudry 24, Box 95, 2016 Cortaillod (hereinafter referred to as "lessor").

The lessee is the individual or legal entity specified in the corresponding rental contract and who rents a vehicle from the lessor (hereinafter referred to as "lessee").

2. Conclusion and Content of the Contract

2.1. The rental contract is concluded between the lessor and the lessee.

2.2. The content of the concluded contract is contractually confirmed by the handwritten signature of the lessee. By signing, the lessee attests to having read the rental contract as well as these GTC and the official tariff in effect on the rental date, which are integral parts of the rental contract, and the lessee confirms understanding and expressly accepting them.

2.3. These GTC and the current official tariff are available upon request from the lessor and on their website. In case of discrepancies between the GTC and the contract or between the official tariff and the contract, the contract shall prevail on the divergent points.

3. Cancellation and Non-receipt of the Vehicle

3.1. In case of cancellation by the lessee communicated in writing to the lessor less than 10 working days before the start date of the rental, the lessee remains obliged to pay the lessor a compensation equivalent to 10% of the rental price specified in the contract. Any claim for damages by the lessor is expressly reserved.

3.2. In case of cancellation by the lessee communicated in writing to the lessor less than 48 hours before the scheduled date and time of the rental start, as well as in case of non-receipt of the vehicle by the lessee at the scheduled place, date, and time, the lessee remains obliged to pay the lessor a compensation equivalent to 50% of the rental price specified in the contract. Any claim for damages by the lessor is expressly reserved.

3.3. The lessor reserves the right to terminate the contract at any time without cause and without further formalities and not to deliver the vehicle to the lessee on the scheduled day; in this case, the lessor will refund any payment made by the lessee. Any other claim or compensation by the lessee is excluded.

4. Authorized Drivers

4.1. The lessee must be at least 19 years old and present a valid driving license obtained at least 1 year prior, no later than at the time of vehicle delivery. Exceptions are possible only if expressly authorized by the lessor and within the limits of the applicable law.

4.2. The validity of the driving license must be proven by presenting the original license. Photocopies, digital licenses, learner permits, and licenses with driving restrictions will not be accepted. A license issued in non-Latin script (Arabic, Japanese, Cyrillic, etc.) must be accompanied by an international driving permit.

4.3. For licenses from countries not adhering to the international agreement for driving licenses, the holder must have the original license and an official translation. Driving licenses from non-EU countries (except Switzerland) are accepted if:

No visa is noted in the passport;
If the client has a visa in the passport and has not been in Europe for more than 6 months at the time of rental. If the client has been in Europe for more than 6 months, a driving license from an EU member country must be presented.
4.4. The vehicle can only be driven by the lessee. If one or more additional authorized drivers are included in the contract, they must also meet the aforementioned conditions. If any of the additional authorized drivers no longer meet any of the conditions outlined in this article, none of these persons are authorized to drive the rented vehicle. The rental contract remains unaffected. In such cases, the lessee has no right to terminate the contract or demand a refund from the lessor for the additional amount paid for the additional driver.

4.5. If any of the aforementioned conditions are not met at the time of vehicle delivery, whether by the lessee or an additional authorized driver, the lessor has the right, without further formalities, to refuse to deliver the vehicle and terminate the contract. The lessee remains obliged to pay the lessor a compensation equivalent to 50% of the rental price specified in the contract. Any claim for damages by the lessor is expressly reserved.

5. Vehicle Delivery/Start of Rental

5.1. Vehicle delivery/start of rental is only possible during the lessor's opening hours, unless it is an after-hours rental or a vehicle delivery to an address specified by the lessor has been agreed upon.

5.2. The lessee agrees to present the following documents before vehicle delivery and authorizes the lessor to make and keep a copy:

A valid driving license and, if applicable, a valid international driving permit (according to the previous article);
A valid payment method according to Article 8;
A passport, a Swiss identity card, or an identity card from an EU country valid for at least three months beyond the end of the rental;
Another valid identification document indicating the current residence address if it is not already indicated in the previous document or other verifiable information about the current residence address.
5.3. If any of the aforementioned documents are not presented at the time of vehicle delivery, the lessor has the right, without further formalities, to refuse to deliver the vehicle and terminate the contract. The lessee remains obliged to pay the lessor a compensation equivalent to 50% of the rental price specified in the contract. Any claim for damages by the lessor is expressly reserved.

5.4. The vehicle is delivered to the lessee in good working condition and with a full tank or, in the case of an electric vehicle, with at least 80% charge. At the start of the rental, the lessee must verify the accuracy of the mileage indicated by the lessor and the fuel level, as well as ensure the complete and correct recording of any accidents and other damages on the delivery report or the rental contract. The lessee must also check the presence of other equipment (i.e., vehicle papers, insurance certificate, tools, spare wheel, warning triangle, first aid kit, and for electric vehicles, the charging cable and accessories). Any discrepancies must be immediately reported to the lessor on site. If no such communication is made, the vehicle is considered duly delivered.

6. Security Deposit

6.1. The lessee is obliged to pay a security deposit before vehicle delivery to guarantee all rights of the lessor arising from or in connection with the rental contract. The amount of the security deposit is agreed upon in the rental contract and must be paid within the period specified in the contract or, if applicable, within the period indicated by the lessor.

6.2. In the absence of payment of the security deposit within the period specified in the contract or, if applicable, within the period indicated by the lessor, the lessor has the right, without further formalities, to refuse to deliver the vehicle and terminate the contract. The lessee remains obliged to pay the lessor a compensation equivalent to 50% of the rental price specified in the contract unless they prove having communicated a written cancellation to the lessor at least 48 hours before the scheduled start date and time of the rental. Any claim for damages by the lessor is expressly reserved.

6.3. The lessor is entitled to offset the security deposit against any claims arising from or in connection with the rental contract against the lessee. If no offset is made, the security deposit is refunded or credited to the lessee no later than 10 working days after the end of the rental contract.

6.4. The lessor is not required to separate the security deposit from its assets. No interest is paid on the security deposit. The lessor is only entitled to claim payment of the security deposit after the start of the rental relationship.

7. Deductible

7.1. A deductible of (Ferrari 488 GTB: CHF 10,000 / Lamborghini Urus: CHF 10,000 / Mercedes Class G: CHF 5,000) is directly chargeable to the client in case of major damage to the vehicle.

8. Rental Price

8.1. The rental price is generally the total price (including VAT) agreed upon in the rental contract. The rental price must be paid in advance within the period specified in the contract or, if applicable, within the period indicated by the lessor.

8.2. In the absence of payment of the rental price within the period specified in the contract or, if applicable, within the period indicated by the lessor, the lessor has the right, without further formalities, to refuse to deliver the vehicle and terminate the contract. The lessee remains obliged to pay the lessor a compensation equivalent to 50% of the rental price specified in the contract unless they prove having communicated a written cancellation to the lessor at least 48 hours before the scheduled start date and time of the rental. Any claim for damages by the lessor is expressly reserved.

8.3. All fuel/electricity supply costs are borne by the lessee. If the vehicle is not returned with a full tank or, in the case of an electric vehicle, with a minimum charge of 80%, refueling or recharging costs are charged at the current market price of fuels/electricity in addition to a refueling fee of CHF 100.
9. Payment Terms and Electronic Invoicing

9.1. Unless otherwise expressly agreed, payment can be made using a credit card (from an internationally recognized credit card company, such as American Express, Eurocard/Mastercard, and Visa) or a debit card.

9.2. Unless otherwise explicitly agreed, the rental price, all other agreed charges, and the deposit will be debited from the lessee's payment method at the start of the rental.

9.3. The lessee authorizes the lessor and its collection agents to irrevocably charge the lessee’s payment method specified at the time of the rental contract for all costs related to the rental car and any claims by the lessor associated with the rental contract (including but not limited to fines, fees, compensation, and other costs incurred due to traffic violations by the lessee). This includes any claims for compensation.

9.4. The lessee agrees not to receive paper invoices and instead agrees that the lessor will send an electronic invoice to the email address provided. The lessee must ensure that electronic invoices can be received electronically or, if agreed upon, retrieved in electronic form. Reception failures or other circumstances preventing such receipt are the lessee's responsibility. An invoice is considered sent once it has entered the lessee's domain. If the lessor only sends a notification and the lessee retrieves the invoice, or if the lessor makes the invoice available for retrieval, the invoice is considered sent once downloaded by the lessee. The lessee is obliged to check the invoices made available within a reasonable time.

10. Use of the Vehicle

10.1. The lessee is obliged (i) to drive and handle the vehicle carefully and follow the manufacturer’s and lessor’s usage instructions, (ii) to lock the vehicle when not in use, including windows, sunroofs, and engine hoods, (iii) to use the vehicle only in approved countries and in compliance with legal provisions, (iv) to use the vehicle exclusively for legally authorized purposes, (v) to stop the trip if a defect occurs in the vehicle, as soon as it is possible without danger, and immediately inform the lessor, (vi) to regularly check oil levels, coolant, washer fluid, AdBlue, and tire pressure and take necessary measures to rectify and immediately inform the lessor.

10.2. It is forbidden to alienate, transfer, sell, mortgage, or lease the vehicle, its equipment, or tools, as well as to smoke in the vehicle. Additionally, it is forbidden to use the vehicle (i) for racing, skid courses, driving lessons, or similar courses, or as a driving school vehicle; (ii) as a towing, pushing vehicle; (iii) by providing false personal information such as age, name, address, etc.; (iv) under the influence of excessive fatigue, alcohol, drugs, medication, and stimulants; (v) overloaded or in an unroadworthy condition; (vi) off roads or stabilized paths, to cross watercourses or similar (especially for 4x4 vehicles); (vii) for transporting flammable, explosive, toxic, or hazardous substances.

10.3. The vehicle is reserved for normal road use. The lessee acknowledges and agrees that the rented vehicle is equipped with a driving tracker and GPS collecting driving and location data, and that the lessor can access this data at any time. The lessor is entitled to collect and use the driving tracker and GPS data to ensure their rights related to the vehicle and verify the lessee’s proper use of the vehicle. The lessee acknowledges and agrees to the following penalties in case of non-compliant use revealed by the collected data:

Driving score of 0/100 on one trip: warning message;
Driving score of 0/100 on a second trip: deduction of 20% from the deposit or payment of a penalty of CHF 1,000 if no deposit was requested;
Driving score of 0/100 on a third trip: deduction of 100% from the deposit or payment of a penalty of CHF 5,000 if no deposit was requested.
11. Limited Liability of the Lessor

Any liability of the lessor and its assistants towards the lessee and any additional drivers for any type of bodily injury and/or property damage to parties or external persons to the contract is expressly excluded, if permitted by law, including liability for direct and/or indirect damages, for loss of profit, consequential damages, delay damages, non-use of the vehicle, missed correspondences, and missed business opportunities, etc.

12. Duty of Care and Notification Obligations of the Lessee

12.1. In case of an accident, theft, fire, wildlife damage, or other damage to the vehicle, the lessee must immediately inform the lessor and do everything necessary and useful to clarify the facts and mitigate the damage. The lessee must immediately inform the police and call them without delay in case of an accident. This also applies to minor damages and accidents for which the lessee is responsible without third-party involvement. If the police refuse to record the accident, the lessee must immediately inform the lessor and promptly provide corresponding evidence. The lessee is prohibited from acknowledging a right, wholly or partially, or satisfying a claim, unless refusal to acknowledge or satisfy the claim is evidently entirely unjustified given the circumstances.

12.2. The lessee is obliged to immediately notify the lessor by email of the withdrawal of their driving license and any circumstances limiting their right to drive (e.g., restriction of driving rights, seizure or temporary confiscation of the driving license, or a driving ban imposed by a court or authority). In the event of any of the aforementioned circumstances, the lessee is not authorized to rent a vehicle, and their right to drive a rented vehicle ends immediately or is suspended forthwith.

12.3. In case of violation of the lessee’s obligations according to Articles 11.1 or 11.2, the lessee is liable for any damage related to the mentioned facts. The lessee hereby grants the lessor power of attorney to consult police and/or authority records in the event of an incident.

13. Traffic Rule Violations

13.1. The lessee is obliged to comply with all applicable regulations and in particular traffic rules. The lessee must be informed of all specific rules in force in the country of rental start and in countries traversed during the trip.

13.2. Until the vehicle is returned, the lessee is solely responsible for all violations committed with the rented vehicle, including against traffic rules (including, for example, violations committed by an additional driver). If the lessor’s liability is engaged as the owner or for other reasons, the lessor is authorized to pass on fines, fees, costs, etc., to the lessee.

13.3. In case of violations, the lessor is obliged to report the personal data of the driver or lessee to the authorities. The lessee agrees to pay the lessor administrative fees of CHF 40 in such cases.

14. Foreign Trips and Entry Restrictions

14.1. Unless otherwise specified in the contract, the use of the rental vehicle abroad is prohibited.

14.2. If the lessee receives special instructions or directives from the lessor at the time of vehicle receipt regarding customs, declaration obligations, and/or behavior at border crossings, or regarding the return location, the lessee must strictly follow them. If the lessee is unable to follow the instructions received for any reason, they must immediately inform the lessor. If the lessee violates these clauses, they are obliged to compensate the lessor for resulting damages, particularly concerning customs duties, import taxes, and fines.

15. Liability, Limitation of Liability, and Protection Options

15.1. The lessee is liable, regardless of fault, for any damage caused to the lessor due to deterioration, destruction, or temporary loss of the rented vehicle (e.g., theft, confiscation, etc.). The lessee is also responsible for the behavior of any additional driver or corresponding assistants. The lessee must accept that their behavior is considered their own and is fully liable for resulting damages. Several lessees of a vehicle are jointly liable for any damage that occurs.

15.2. The lessee's compensation obligation includes, in addition to actual costs (e.g., vehicle depreciation or repair costs, both taking reasonable depreciation into account, transport, liability insurance deductible, and loss of bonus), expert report costs, and a dossier establishment fee of CHF 180 per incident, as well as any lawyer fees necessary to obtain payments due from the lessee. In case of total damage, the lessee is also responsible for registration and cancellation fees amounting to a flat fee of CHF 320.

15.3. The lessor is entitled to determine the extent and estimation of damages through an independent expert appointed by the lessor, at the lessee's expense. The lessee agrees that the findings and damage estimates of such an expert have a binding effect on them according to Article 189 of the Code of Civil Procedure (CCP) for claim settlement. If the vehicle cannot be used by the lessor due to damage, the lessor may charge the loss of use for the duration of the repair or until replacement at the same rate as provided in the rental contract.

15.4. The lessor bills the lessee for damages for which the lessee is responsible. The amount must be paid within 7 days. If the payment deadline is not met, reminder fees of CHF 20 apply from the first and each subsequent reminder. All other costs related to debt collection are also charged to the lessee.
15.5. The lessee or authorized driver is insured by third-party liability protection for vehicles.
15.5. The lessee or authorized driver is insured by third-party liability protection for vehicles. This liability protection covers bodily injury and property damage to third parties up to a maximum guarantee amount of CHF 100,000,000 and is limited to Europe.

15.6. Any potential liability limitation or insurance protection agreed upon DOES NOT apply, and the lessee remains fully liable to the lessor and third parties for all damages (regardless of type) caused intentionally or through gross negligence, including but not limited to:

Incorrect refueling of the vehicle, improper use of chains, ski racks, and luggage carriers, careless loading of ski racks and luggage carriers, careless handling of the vehicle interior (e.g., cigarette burns, cuts, and stains on the upholstery or other interior fixtures), off-road driving, improper handling of 4x4 vehicles, improper handling of the convertible roof, failure to close the roof in case of rain, wind, etc.;
Insufficient maintenance of the vehicle during the rental period;
Damage to the roof and other damages resulting from non-compliance with the maximum height and width of the vehicle in tunnels, entrances, passages, bridges, etc.;
Damage (e.g., to the clutch, gearbox, suspension) due to clear misuse of the vehicle (e.g., improper use of the automatic gearbox, incorrect handling of 4x4 vehicles);
Transport of prohibited or hazardous goods (dangerous materials);
Non-compliance with the lessee's obligations stated in the rental contract and the general rental conditions (GTC) such as handing over the vehicle to an unauthorized third party or a person without a valid driving license;
Non-compliance with legal provisions regarding reporting obligations for border crossings and customs regulations;
Refusal to undergo police-ordered measures to determine driving incapacity (Article 91a, Paragraph 1, LCR);
Service and/or repair costs for the following incidents caused by the lessee: key loss, key locked in the vehicle, immobilization due to lack of fuel, jump-start assistance for a dead battery, getting stuck.
15.7. The parties specifically but not exclusively define the following as gross negligence behavior according to Article 14.7:

Any serious violation of traffic rules according to Article 90, Paragraph 2, LCR;
Any driving behavior that the driver knows to be generally dangerous or fails, contrary to their obligations, to consider its dangerousness;
Any driving style in which the driver acts in violation of the essential obligation of caution and neglects what any reasonable person in the same situation and circumstances should consider to avoid foreseeable damage in the ordinary course of events;
Driving under the influence of alcohol, narcotics, or medication reducing driving capabilities;
Driving in a state of extreme fatigue, drowsiness, or falling asleep;
The following violations of traffic rules if they led to an accident or contributed to it: excessive or inappropriate speed, loss of vehicle control, insufficient distance between vehicles, failure to comply with overtaking bans and one-way traffic, failure to obey traffic lights, failure to follow traffic directions, inattention and distraction while driving, e.g., due to the use of mobile phones, radios, and navigation devices, disabling safety devices such as ABS and ESP and other driving stability systems, driving the vehicle in a condition not compliant with the instructions and use (e.g., insufficiently secured load, insufficient cleaning of snow, ice, dirt, etc., from the vehicle windows);
Insufficiently securing the vehicle (e.g., not applying the handbrake when stopping the vehicle on slopes, not locking the vehicle, locking the key inside the vehicle);
Leaving valuable items in the vehicle.
16. Return of the Vehicle

16.1. The lessee agrees to return the vehicle according to the specifications in the rental contract regarding the location, date, and time of return or, in case of early termination of the rental contract for a valid reason, at an earlier date requested by the lessor.

16.2. In case of early return of the vehicle, i.e., before the end of the agreed rental period, the rental contract does not end prematurely. In case of early return or late pickup of the vehicle, the lessee is not entitled to a reduction in the agreed rental price.

16.3. The vehicle is considered returned to the lessor upon receipt of the keys and vehicle at the agreed location, date, and time, and after the lessor inspects the vehicle's condition.

16.4. The lessee must return the vehicle in a condition corresponding to the contractual use. In case of excessive wear, deterioration, or dirt, the lessee must pay a compensation corresponding to the vehicle cleaning costs, but at least CHF 100.

16.5. The lessee is obliged to immediately inform the lessor of any damage to the vehicle during the rental period. Generally, the lessor prepares a report on the vehicle's condition at the time of return, which must be signed by both parties, and documents the vehicle's condition in a binding manner. If for any reason no report is prepared on the vehicle's condition upon return, the lessor is entitled to unilaterally determine any damage, excessive wear, or dirt and notify the lessee within 5 working days after the return. If no such notification is made, the vehicle is considered returned in good condition, subject to hidden or concealed defects.

16.6. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is entitled to claim, for the retention period, a usage compensation equal to the rental rate specified in the rental contract. Additionally, the lessee must pay a flat processing fee of CHF 50. The lessor reserves the right to claim further damages.

16.7. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is authorized to repossess the vehicle at any time or obtain it at the lessee's expense. This also applies if it is foreseeable that the lessee will not be able to meet the obligations arising from the rental contract, the GTC, and the lessor's instructions.

16.8. If the lessee exceeds the mileage specified in the rental contract, they must pay the lessor the amount specified in the contract for each additional kilometer. Unused kilometers at the end of the rental contract are not refunded.

16.9. The rental contract ends on the agreed date. An extension of the rental contract is only possible with the lessor's written consent. The lessee must request the lessor's consent at least 3 days before the contract's end and must also pay all costs for the extended rental period. At the lessor's request, the lessee must present the vehicle. If the rental contract extension is agreed upon, all initial contract conditions remain valid, unless otherwise agreed in writing.

17. Data Protection

17.1. All data provided to the lessor by the lessee or other persons involved in the rental process are processed in accordance with Swiss data protection law (LPD) and, where applicable, the EU General Data Protection Regulation (GDPR).

17.2. The lessee expressly authorizes the lessor to process all their personal and other data, including:

First name, last name, date of birth, address, phone number, email address;
Content of communications (e.g., emails, letters, SMS, etc.);
Rental information (vehicle make and chassis, vehicle registration number, date and place of first registration, delivery and return address, vehicle pickup and return dates, vehicle mileage), contract number, reservation number, driving license data, driving license photo, passport, and identity card;
Financial data such as credit card data, bank accounts, or debit card;
Optional data provided by the lessee voluntarily, such as vehicle equipment preferences and vehicle category preferences;
Special data: in case of an accident, information on the circumstances and report, including health data such as injuries, blood alcohol level, or driving under the influence of narcotics;
Data about third parties, such as family members of the lessee, additional drivers, passengers, communicated within the contractual relationship;
Vehicle location and usage data from the onboard GPS tracker.
17.3. The lessee expressly authorizes the lessor to process the aforementioned personal data and store it for the following purposes:

Conclusion and execution of the rental contract;
Customer service, e.g., in case of a complaint;
Safety of the lessee and the lessor, e.g., to prevent payment defaults, protect assets, including fraud, theft, and embezzlement;
Compliance with legal obligations, e.g., reporting to law enforcement authorities;
For advertising purposes, unless the lessee objects.
17.4. By providing their data, the lessee expressly authorizes the lessor to transmit it to third parties for the aforementioned purposes and for purposes expressly indicated at the time of data entry or clearly related to data provision.

17.5. The lessee may revoke the above-mentioned consents at any time, provided this does not prevent or make it more difficult for the lessor to perform their services. The legality of the processing carried out based on the consent until the revocation is not affected by the latter.

17.6. The name, address, rental data, and all other information about the lessee known to the lessor are transmitted, in case of justified requests (e.g., in case of traffic rule violations), to the corresponding authorities and, in case of proven third-party rights violations (e.g., in property-related issues), to these third parties.
15.5. The lessee or authorized driver is insured by third-party liability protection for vehicles. This liability protection covers bodily injury and property damage to third parties up to a maximum guarantee amount of CHF 100,000,000 and is limited to Europe.

15.6. Any potential liability limitation or insurance protection agreed upon DOES NOT apply, and the lessee remains fully liable to the lessor and third parties for all damages (regardless of type) caused intentionally or through gross negligence, including but not limited to:

Incorrect refueling of the vehicle, improper use of chains, ski racks, and luggage carriers, careless loading of ski racks and luggage carriers, careless handling of the vehicle interior (e.g., cigarette burns, cuts, and stains on the upholstery or other interior fixtures), off-road driving, improper handling of 4x4 vehicles, improper handling of the convertible roof, failure to close the roof in case of rain, wind, etc.;
Insufficient maintenance of the vehicle during the rental period;
Damage to the roof and other damages resulting from non-compliance with the maximum height and width of the vehicle in tunnels, entrances, passages, bridges, etc.;
Damage (e.g., to the clutch, gearbox, suspension) due to clear misuse of the vehicle (e.g., improper use of the automatic gearbox, incorrect handling of 4x4 vehicles);
Transport of prohibited or hazardous goods (dangerous materials);
Non-compliance with the lessee's obligations stated in the rental contract and the general rental conditions (GTC) such as handing over the vehicle to an unauthorized third party or a person without a valid driving license;
Non-compliance with legal provisions regarding reporting obligations for border crossings and customs regulations;
Refusal to undergo police-ordered measures to determine driving incapacity (Article 91a, Paragraph 1, LCR);
Service and/or repair costs for the following incidents caused by the lessee: key loss, key locked in the vehicle, immobilization due to lack of fuel, jump-start assistance for a dead battery, getting stuck.
15.7. The parties specifically but not exclusively define the following as gross negligence behavior according to Article 14.7:

Any serious violation of traffic rules according to Article 90, Paragraph 2, LCR;
Any driving behavior that the driver knows to be generally dangerous or fails, contrary to their obligations, to consider its dangerousness;
Any driving style in which the driver acts in violation of the essential obligation of caution and neglects what any reasonable person in the same situation and circumstances should consider to avoid foreseeable damage in the ordinary course of events;
Driving under the influence of alcohol, narcotics, or medication reducing driving capabilities;
Driving in a state of extreme fatigue, drowsiness, or falling asleep;
The following violations of traffic rules if they led to an accident or contributed to it: excessive or inappropriate speed, loss of vehicle control, insufficient distance between vehicles, failure to comply with overtaking bans and one-way traffic, failure to obey traffic lights, failure to follow traffic directions, inattention and distraction while driving, e.g., due to the use of mobile phones, radios, and navigation devices, disabling safety devices such as ABS and ESP and other driving stability systems, driving the vehicle in a condition not compliant with the instructions and use (e.g., insufficiently secured load, insufficient cleaning of snow, ice, dirt, etc., from the vehicle windows);
Insufficiently securing the vehicle (e.g., not applying the handbrake when stopping the vehicle on slopes, not locking the vehicle, locking the key inside the vehicle);
Leaving valuable items in the vehicle.
16. Return of the Vehicle

16.1. The lessee agrees to return the vehicle according to the specifications in the rental contract regarding the location, date, and time of return or, in case of early termination of the rental contract for a valid reason, at an earlier date requested by the lessor.

16.2. In case of early return of the vehicle, i.e., before the end of the agreed rental period, the rental contract does not end prematurely. In case of early return or late pickup of the vehicle, the lessee is not entitled to a reduction in the agreed rental price.

16.3. The vehicle is considered returned to the lessor upon receipt of the keys and vehicle at the agreed location, date, and time, and after the lessor inspects the vehicle's condition.

16.4. The lessee must return the vehicle in a condition corresponding to the contractual use. In case of excessive wear, deterioration, or dirt, the lessee must pay a compensation corresponding to the vehicle cleaning costs, but at least CHF 100.

16.5. The lessee is obliged to immediately inform the lessor of any damage to the vehicle during the rental period. Generally, the lessor prepares a report on the vehicle's condition at the time of return, which must be signed by both parties, and documents the vehicle's condition in a binding manner. If for any reason no report is prepared on the vehicle's condition upon return, the lessor is entitled to unilaterally determine any damage, excessive wear, or dirt and notify the lessee within 5 working days after the return. If no such notification is made, the vehicle is considered returned in good condition, subject to hidden or concealed defects.

16.6. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is entitled to claim, for the retention period, a usage compensation equal to the rental rate specified in the rental contract. Additionally, the lessee must pay a flat processing fee of CHF 50. The lessor reserves the right to claim further damages.

16.7. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is authorized to repossess the vehicle at any time or obtain it at the lessee's expense. This also applies if it is foreseeable that the lessee will not be able to meet the obligations arising from the rental contract, the GTC, and the lessor's instructions.

16.8. If the lessee exceeds the mileage specified in the rental contract, they must pay the lessor the amount specified in the contract for each additional kilometer. Unused kilometers at the end of the rental contract are not refunded.

16.9. The rental contract ends on the agreed date. An extension of the rental contract is only possible with the lessor's written consent. The lessee must request the lessor's consent at least 3 days before the contract's end and must also pay all costs for the extended rental period. At the lessor's request, the lessee must present the vehicle. If the rental contract extension is agreed upon, all initial contract conditions remain valid, unless otherwise agreed in writing.

17. Data Protection

17.1. All data provided to the lessor by the lessee or other persons involved in the rental process are processed in accordance with Swiss data protection law (LPD) and, where applicable, the EU General Data Protection Regulation (GDPR).

17.2. The lessee expressly authorizes the lessor to process all their personal and other data, including:

First name, last name, date of birth, address, phone number, email address;
Content of communications (e.g., emails, letters, SMS, etc.);
Rental information (vehicle make and chassis, vehicle registration number, date and place of first registration, delivery and return address, vehicle pickup and return dates, vehicle mileage), contract number, reservation number, driving license data, driving license photo, passport, and identity card;
Financial data such as credit card data, bank accounts, or debit card;
Optional data provided by the lessee voluntarily, such as vehicle equipment preferences and vehicle category preferences;
Special data: in case of an accident, information on the circumstances and report, including health data such as injuries, blood alcohol level, or driving under the influence of narcotics;
Data about third parties, such as family members of the lessee, additional drivers, passengers, communicated within the contractual relationship;
Vehicle location and usage data from the onboard GPS tracker.
17.3. The lessee expressly authorizes the lessor to process the aforementioned personal data and store it for the following purposes:

Conclusion and execution of the rental contract;
Customer service, e.g., in case of a complaint;
Safety of the lessee and the lessor, e.g., to prevent payment defaults, protect assets, including fraud, theft, and embezzlement;
Compliance with legal obligations, e.g., reporting to law enforcement authorities;
For advertising purposes, unless the lessee objects.
17.4. By providing their data, the lessee expressly authorizes the lessor to transmit it to third parties for the aforementioned purposes and for purposes expressly indicated at the time of data entry or clearly related to data provision.

17.5. The lessee may revoke the above-mentioned consents at any time, provided this does not prevent or make it more difficult for the lessor to perform their services. The legality of the processing carried out based on the consent until the revocation is not affected by the latter.

17.6. The name, address, rental data, and all other information about the lessee known to the lessor are transmitted, in case of justified requests (e.g., in case of traffic rule violations), to the corresponding authorities and, in case of proven third-party rights violations (e.g., in property-related issues), to these third parties.
15.5. The lessee or authorized driver is insured by third-party liability protection for vehicles. This liability protection covers bodily injury and property damage to third parties up to a maximum guarantee amount of CHF 100,000,000 and is limited to Europe.

15.6. Any potential liability limitation or insurance protection agreed upon DOES NOT apply, and the lessee remains fully liable to the lessor and third parties for all damages (regardless of type) caused intentionally or through gross negligence, including but not limited to:

Incorrect refueling of the vehicle, improper use of chains, ski racks, and luggage carriers, careless loading of ski racks and luggage carriers, careless handling of the vehicle interior (e.g., cigarette burns, cuts, and stains on the upholstery or other interior fixtures), off-road driving, improper handling of 4x4 vehicles, improper handling of the convertible roof, failure to close the roof in case of rain, wind, etc.;
Insufficient maintenance of the vehicle during the rental period;
Damage to the roof and other damages resulting from non-compliance with the maximum height and width of the vehicle in tunnels, entrances, passages, bridges, etc.;
Damage (e.g., to the clutch, gearbox, suspension) due to clear misuse of the vehicle (e.g., improper use of the automatic gearbox, incorrect handling of 4x4 vehicles);
Transport of prohibited or hazardous goods (dangerous materials);
Non-compliance with the lessee's obligations stated in the rental contract and the general rental conditions (GTC) such as handing over the vehicle to an unauthorized third party or a person without a valid driving license;
Non-compliance with legal provisions regarding reporting obligations for border crossings and customs regulations;
Refusal to undergo police-ordered measures to determine driving incapacity (Article 91a, Paragraph 1, LCR);
Service and/or repair costs for the following incidents caused by the lessee: key loss, key locked in the vehicle, immobilization due to lack of fuel, jump-start assistance for a dead battery, getting stuck.
15.7. The parties specifically but not exclusively define the following as gross negligence behavior according to Article 14.7:

Any serious violation of traffic rules according to Article 90, Paragraph 2, LCR;
Any driving behavior that the driver knows to be generally dangerous or fails, contrary to their obligations, to consider its dangerousness;
Any driving style in which the driver acts in violation of the essential obligation of caution and neglects what any reasonable person in the same situation and circumstances should consider to avoid foreseeable damage in the ordinary course of events;
Driving under the influence of alcohol, narcotics, or medication reducing driving capabilities;
Driving in a state of extreme fatigue, drowsiness, or falling asleep;
The following violations of traffic rules if they led to an accident or contributed to it: excessive or inappropriate speed, loss of vehicle control, insufficient distance between vehicles, failure to comply with overtaking bans and one-way traffic, failure to obey traffic lights, failure to follow traffic directions, inattention and distraction while driving, e.g., due to the use of mobile phones, radios, and navigation devices, disabling safety devices such as ABS and ESP and other driving stability systems, driving the vehicle in a condition not compliant with the instructions and use (e.g., insufficiently secured load, insufficient cleaning of snow, ice, dirt, etc., from the vehicle windows);
Insufficiently securing the vehicle (e.g., not applying the handbrake when stopping the vehicle on slopes, not locking the vehicle, locking the key inside the vehicle);
Leaving valuable items in the vehicle.
16. Return of the Vehicle

16.1. The lessee agrees to return the vehicle according to the specifications in the rental contract regarding the location, date, and time of return or, in case of early termination of the rental contract for a valid reason, at an earlier date requested by the lessor.

16.2. In case of early return of the vehicle, i.e., before the end of the agreed rental period, the rental contract does not end prematurely. In case of early return or late pickup of the vehicle, the lessee is not entitled to a reduction in the agreed rental price.

16.3. The vehicle is considered returned to the lessor upon receipt of the keys and vehicle at the agreed location, date, and time, and after the lessor inspects the vehicle's condition.

16.4. The lessee must return the vehicle in a condition corresponding to the contractual use. In case of excessive wear, deterioration, or dirt, the lessee must pay a compensation corresponding to the vehicle cleaning costs, but at least CHF 100.

16.5. The lessee is obliged to immediately inform the lessor of any damage to the vehicle during the rental period. Generally, the lessor prepares a report on the vehicle's condition at the time of return, which must be signed by both parties, and documents the vehicle's condition in a binding manner. If for any reason no report is prepared on the vehicle's condition upon return, the lessor is entitled to unilaterally determine any damage, excessive wear, or dirt and notify the lessee within 5 working days after the return. If no such notification is made, the vehicle is considered returned in good condition, subject to hidden or concealed defects.

16.6. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is entitled to claim, for the retention period, a usage compensation equal to the rental rate specified in the rental contract. Additionally, the lessee must pay a flat processing fee of CHF 50. The lessor reserves the right to claim further damages.

16.7. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is authorized to repossess the vehicle at any time or obtain it at the lessee's expense. This also applies if it is foreseeable that the lessee will not be able to meet the obligations arising from the rental contract, the GTC, and the lessor's instructions.

16.8. If the lessee exceeds the mileage specified in the rental contract, they must pay the lessor the amount specified in the contract for each additional kilometer. Unused kilometers at the end of the rental contract are not refunded.
16.9. The rental contract ends on the agreed date. An extension of the rental contract is only possible with the lessor's written consent. The lessee must request the lessor's consent at least 3 days before the contract's end and must also pay all costs for the extended rental period. At the lessor's request, the lessee must present the vehicle. If the rental contract extension is agreed upon, all initial contract conditions remain valid, unless otherwise agreed in writing.
17. Data Protection
17.1. All data provided to the lessor by the lessee or other persons involved in the rental process are processed in accordance with Swiss data protection law (LPD) and, where applicable, the EU General Data Protection Regulation (GDPR).

17.2. The lessee expressly authorizes the lessor to process all their personal and other data, including:

First name, last name, date of birth, address, phone number, email address;
Content of communications (e.g., emails, letters, SMS, etc.);
Rental information (vehicle make and chassis, vehicle registration number, date and place of first registration, delivery and return address, vehicle pickup and return dates, vehicle mileage), contract number, reservation number, driving license data, driving license photo, passport, and identity card;
Financial data such as credit card data, bank accounts, or debit card;
Optional data provided by the lessee voluntarily, such as vehicle equipment preferences and vehicle category preferences;
Special data: in case of an accident, information on the circumstances and report, including health data such as injuries, blood alcohol level, or driving under the influence of narcotics;
Data about third parties, such as family members of the lessee, additional drivers, passengers, communicated within the contractual relationship;
Vehicle location and usage data from the onboard GPS tracker.
17.3. The lessee expressly authorizes the lessor to process the aforementioned personal data and store it for the following purposes:
Conclusion and execution of the rental contract;
Customer service, e.g., in case of a complaint;
Safety of the lessee and the lessor, e.g., to prevent payment defaults, protect assets, including fraud, theft, and embezzlement;
Compliance with legal obligations, e.g., reporting to law enforcement authorities;
For advertising purposes, unless the lessee objects.
17.4. By providing their data, the lessee expressly authorizes the lessor to transmit it to third parties for the aforementioned purposes and for purposes expressly indicated at the time of data entry or clearly related to data provision.

17.5. The lessee may revoke the above-mentioned consents at any time, provided this does not prevent or make it more difficult for the lessor to perform their services. The legality of the processing carried out based on the consent until the revocation is not affected by the latter.

17.6. The name, address, rental data, and all other information about the lessee known to the lessor are transmitted, in case of justified requests (e.g., in case of traffic rule violations), to the corresponding authorities and, in case of proven third-party rights violations (e.g., in property-related issues), to these third parties.
15.5. The lessee or authorized driver is insured by third-party liability protection for vehicles. This liability protection covers bodily injury and property damage to third parties up to a maximum guarantee amount of CHF 100,000,000 and is limited to Europe.
15.6. Any potential liability limitation or insurance protection agreed upon DOES NOT apply, and the lessee remains fully liable to the lessor and third parties for all damages (regardless of type) caused intentionally or through gross negligence, including but not limited to:
Incorrect refueling of the vehicle, improper use of chains, ski racks, and luggage carriers, careless loading of ski racks and luggage carriers, careless handling of the vehicle interior (e.g., cigarette burns, cuts, and stains on the upholstery or other interior fixtures), off-road driving, improper handling of 4x4 vehicles, improper handling of the convertible roof, failure to close the roof in case of rain, wind, etc.;
Insufficient maintenance of the vehicle during the rental period;
Damage to the roof and other damages resulting from non-compliance with the maximum height and width of the vehicle in tunnels, entrances, passages, bridges, etc.;
Damage (e.g., to the clutch, gearbox, suspension) due to clear misuse of the vehicle (e.g., improper use of the automatic gearbox, incorrect handling of 4x4 vehicles);
Transport of prohibited or hazardous goods (dangerous materials);
Non-compliance with the lessee's obligations stated in the rental contract and the general rental conditions (GTC) such as handing over the vehicle to an unauthorized third party or a person without a valid driving license;
Non-compliance with legal provisions regarding reporting obligations for border crossings and customs regulations;
Refusal to undergo police-ordered measures to determine driving incapacity (Article 91a, Paragraph 1, LCR);
Service and/or repair costs for the following incidents caused by the lessee: key loss, key locked in the vehicle, immobilization due to lack of fuel, jump-start assistance for a dead battery, getting stuck.
15.7. The parties specifically but not exclusively define the following as gross negligence behavior according to Article 14.7:

Any serious violation of traffic rules according to Article 90, Paragraph 2, LCR;
Any driving behavior that the driver knows to be generally dangerous or fails, contrary to their obligations, to consider its dangerousness;
Any driving style in which the driver acts in violation of the essential obligation of caution and neglects what any reasonable person in the same situation and circumstances should consider to avoid foreseeable damage in the ordinary course of events;
Driving under the influence of alcohol, narcotics, or medication reducing driving capabilities;
Driving in a state of extreme fatigue, drowsiness, or falling asleep;
The following violations of traffic rules if they led to an accident or contributed to it: excessive or inappropriate speed, loss of vehicle control, insufficient distance between vehicles, failure to comply with overtaking bans and one-way traffic, failure to obey traffic lights, failure to follow traffic directions, inattention and distraction while driving, e.g., due to the use of mobile phones, radios, and navigation devices, disabling safety devices such as ABS and ESP and other driving stability systems, driving the vehicle in a condition not compliant with the instructions and use (e.g., insufficiently secured load, insufficient cleaning of snow, ice, dirt, etc., from the vehicle windows);
Insufficiently securing the vehicle (e.g., not applying the handbrake when stopping the vehicle on slopes, not locking the vehicle, locking the key inside the vehicle);
Leaving valuable items in the vehicle.
16. Return of the Vehicle

16.1. The lessee agrees to return the vehicle according to the specifications in the rental contract regarding the location, date, and time of return or, in case of early termination of the rental contract for a valid reason, at an earlier date requested by the lessor.
16.2. In case of early return of the vehicle, i.e., before the end of the agreed rental period, the rental contract does not end prematurely. In case of early return or late pickup of the vehicle, the lessee is not entitled to a reduction in the agreed rental price.

16.3. The vehicle is considered returned to the lessor upon receipt of the keys and vehicle at the agreed location, date, and time, and after the lessor inspects the vehicle's condition.
16.4. The lessee must return the vehicle in a condition corresponding to the contractual use. In case of excessive wear, deterioration, or dirt, the lessee must pay a compensation corresponding to the vehicle cleaning costs, but at least CHF 100.
16.5. The lessee is obliged to immediately inform the lessor of any damage to the vehicle during the rental period. Generally, the lessor prepares a report on the vehicle's condition at the time of return, which must be signed by both parties, and documents the vehicle's condition in a binding manner. If for any reason no report is prepared on the vehicle's condition upon return, the lessor is entitled to unilaterally determine any damage, excessive wear, or dirt and notify the lessee within 5 working days after the return. If no such notification is made, the vehicle is considered returned in good condition, subject to hidden or concealed defects.

16.6. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is entitled to claim, for the retention period, a usage compensation equal to the rental rate specified in the rental contract. Additionally, the lessee must pay a flat processing fee of CHF 50. The lessor reserves the right to claim further damages.

16.7. If the lessee does not return the vehicle and the vehicle key to the lessor at the end of the agreed rental period, even if not at fault, the lessor is authorized to repossess the vehicle at any time or obtain it at the lessee's expense. This also applies if it is foreseeable that the lessee will not be able to meet the obligations arising from the rental contract, the GTC, and the lessor's instructions.
16.8. If the lessee exceeds the mileage specified in the rental contract, they must pay the lessor the amount specified in the contract for each additional kilometer. Unused kilometers at the end of the rental contract are not refunded.

16.9. The rental contract ends on the agreed date. An extension of the rental contract is only possible with the lessor's written consent. The lessee must request the lessor's consent at least 3 days before the contract's end and must also pay all costs for the extended rental period. At the lessor's request, the lessee must present the vehicle. If the rental contract extension is agreed upon, all initial contract conditions remain valid, unless otherwise agreed in writing.

17. Data Protection

17.1. All data provided to the lessor by the lessee or other persons involved in the rental process are processed in accordance with Swiss data protection law (LPD) and, where applicable, the EU General Data Protection Regulation (GDPR).

17.2. The lessee expressly authorizes the lessor to process all their personal and other data, including:

First name, last name, date of birth, address, phone number, email address;
Content of communications (e.g., emails, letters, SMS, etc.);
Rental information (vehicle make and chassis, vehicle registration number, date and place of first registration, delivery and return address, vehicle pickup and return dates, vehicle mileage), contract number, reservation number, driving license data, driving license photo, passport, and identity card;
Financial data such as credit card data, bank accounts, or debit card;
Optional data provided by the lessee voluntarily, such as vehicle equipment preferences and vehicle category preferences;
Special data: in case of an accident, information on the circumstances and report, including health data such as injuries, blood alcohol level, or driving under the influence of narcotics;
Data about third parties, such as family members of the lessee, additional drivers, passengers, communicated within the contractual relationship;
Vehicle location and usage data from the onboard GPS tracker.
17.3. The lessee expressly authorizes the lessor to process the aforementioned personal data and store it for the following purposes:

Conclusion and execution of the rental contract;
Customer service, e.g., in case of a complaint;
Safety of the lessee and the lessor, e.g., to prevent payment defaults, protect assets, including fraud, theft, and embezzlement;
Compliance with legal obligations, e.g., reporting to law enforcement authorities;
For advertising purposes, unless the lessee objects.
17.4. By providing their data, the lessee expressly authorizes the lessor to transmit it to third parties for the aforementioned purposes and for purposes expressly indicated at the time of data entry or clearly related to data provision.

17.5. The lessee may revoke the above-mentioned consents at any time, provided this does not prevent or make it more difficult for the lessor to perform their services. The legality of the processing carried out based on the consent until the revocation is not affected by the latter.
17.6. The name, address, rental data, and all other information about the lessee known to the lessor are transmitted, in case of justified requests (e.g., in case of traffic rule violations), to the corresponding authorities and, in case of proven third-party rights violations (e.g., in property-related issues), to these third parties.
18. Applicable Law and Jurisdiction
18.1. The rental contract is subject to Swiss law, excluding any other, except private international law.
18.2. The legal venue for all disputes between the lessee and any additional passengers on one side, and the lessor on the other side, related to the rental contract, is at the lessor's headquarters. However, the lessor reserves the right to bring action before any other competent court.
19. Nullity or Partial Nullity
The nullity or invalidity, whether partial or total, of one or more provisions of the rental contract, including these general rental conditions (GTC), does not affect the validity of the other provisions. Any invalid or invalidated provisions must be replaced during the application of the contract by provisions that most closely match the intended purpose of the invalid provisions.