General Terms and Conditions (GTC)- DoSa Sandu sole proprietorship, registered in the Commercial Register of the Canton of Berne

1. Scope of application, conclusion of contract
   1. Scope of application

The following General Terms and Conditions (hereinafter referred to as GTC) set out the terms and conditions for vehicle rental between the sole proprietorship DoSa Sandu (hereinafter referred to as the Lessor ) and the lessee (hereinafter referred to as the Customer). DoSa Sandu’s offer is a self-service offer. The vehicles are not handed over personally. Any deviations from the GTC must be made in writing and signed by both parties. The GTC are deemed to have been accepted when the online rental application form is completed.

2. Conclusion of contract

The rental contract pursuant to Art. 253 ff. CO shall be deemed to have been concluded when the customer has completed the online rental application form on the Lessor’s website and the reservation has been confirmed by the Lessor after payment has been made. Photos of the front and back of the driver’s license must be uploaded to the system on the website www.lolrent.ch.

II. Rental period, rental prices and terms of payment

1. Rental period

The rental period begins when the vehicle is picked up and ends when the vehicle is returned to the Rental Firm within the agreed time. It is not possible to postpone the rental period. The customer has in accordance with para. X, the customer has the option of canceling the rental agreement 48 hours in advance. An extension of the rental period requires the Lessor’s consent and is associated with corresponding additional costs.

2. Rental price

The rental price is based on the landlord’s current price list (ww.lolrent.ch/preise/).

3. Terms of payment

 

Payment of the rental price must be made in advance to confirm the reservation. The estimated rental price is displayed in the cost calculator of the reservation system before the reservation is finalized and includes the use of the vehicle for the reserved period. If the vehicle is returned early, the full rate for the originally reserved period will be charged.

The rental price shall be paid using the means of payment specified by the customer. The customer agrees that any subsequent charges (e.g. for fines, fees, etc.) may be settled using the specified means of payment.

The Lessor may invoice the rental costs separately and charge an invoice fee for this. If a written invoice is issued for the rental costs, this is due when the invoice is issued and must be paid within the period stated on the invoice. After expiry of the payment deadline, the renter is automatically in default without the need for a reminder. Complaints regarding the correctness of the invoice must be submitted in writing within 10 days of receipt, otherwise the invoice shall be deemed accepted.

If the customer defaults on payment, the lessor may send the customer a reminder. The reminder fees are CHF 10.00 for the first reminder, CHF 20.00 for the second reminder and CHF 50.00 for a third reminder (registered letter). In the event of unsuccessful reminders, the Lessor may assign the claim to a debt collection agency or initiate debt collection proceedings. This agency will collect the outstanding amounts in its own name and for its own account and may charge additional processing fees. In the event of payment arrears, fees and additional costs may be incurred, which shall be borne in full by the customer

III. Blocking or withdrawal of use

Unpaid invoices, regardless of whether a reminder has been sent or not, may lead to the blocking or withdrawal of the use of the landlord’s services without prior notification of the customer. In such cases, the Lessor reserves the right to terminate the contract unilaterally and without notice.

The blocking or withdrawal of the right of use and the termination of the contract by the Lessor shall not entitle the Lessor to reduce any claims already incurred by the Lessor or to refund any payments already made by the customer.

 

IV. Vehicle acceptance, pre-existing damage and notification of defects

Before setting off, the customer must ensure that the vehicle has no damage and is in a safe operating condition.

Safety-related damage or defects must be reported to the Rental Firm immediately by telephone before the start of the journey.

The customer must check the interior and exterior of the vehicle for any existing damage and take photos before driving off. The lessor must be informed of the photos taken by WhatsApp or email.

If the customer discovers previously undeclared damage before starting their journey, the Lessor shall be entitled to take recourse against the previous customer. For this purpose, the Lessor may refer to the electronic journey record. The customer shall be admitted to provide counter-evidence. In the event of failure to reach agreement, the Lessor shall be entitled to have the amount of the damage assessed by a specialist appointed by it and to charge the costs of the expert opinion to the Customer. If the customer does not accept the result of this expert opinion, it shall be entitled to commission a competent person to be appointed by it to prepare an expert opinion at its own expense.

V. Driving license and use of the vehicle

1. Driver’s license

The minimum age for renting and driving a vehicle from the Rental Firm is 18 years.

Customers and all additional drivers must have a valid driver’s license. Customers are only entitled to use the vehicle if they have successfully registered on the online portal or in the Lessor’s app and have a valid driving license for the relevant vehicle category in Switzerland. Driving without a valid driver’s license will be prosecuted and may result in claims for damages. The customer acknowledges that the Lessor may at any time ask the competent authorities whether the customer has a valid driver’s license and is not subject to a driving disqualification.

The vehicle may be driven both by the customer himself and by authorized additional drivers. Additional drivers must be reported to the Rental Firm before the start of the journey.

 

The customer remains responsible for the fulfillment of all obligations arising from the rental contract and the additional conditions, even if they do not drive the vehicle themselves. The customer is free to subsequently hold the additional driver responsible in the internal relationship.

2. Use of the vehicle

The use of the vehicles provided by DoSa Sandu is only permitted in Switzerland. Driving abroad is not permitted and will be penalized with a contractual penalty of CHF 5,000.00.

The customer must treat the vehicle with care and use it appropriately. They are responsible for the vehicle from the time they take it over until they return it. The oil and water levels as well as the tire pressure must be checked regularly.

The rented vehicle cannot be exchanged during the rental period.

For expenses incurred by the customer in connection with defects (such as engine oil, spare parts, repair costs), the Lessor’s cost approval must be obtained in advance. Expenses incurred on the basis of this cost approval will be reimbursed to the customer upon return of the vehicle and presentation of the receipts. Independent repairs by the customer are not permitted.

Customers may park their private vehicle in the designated DoSa Sandu LolRent parking lot of the rented vehicle during the rental period as long as it does not obstruct access to other vehicles.

Seats or other vehicle installations must not be removed or dismantled from the vehicle.

For reasons of hygiene, pets may only be transported in suitable and secure transport containers.

Smoking, including e-cigarettes and vapes, is prohibited in the rental vehicle and will be penalized with a contractual penalty of CHF 150.00 in the event of non-compliance.

Windows and doors must be completely closed and locked during intermediate stops and at the end of the journey.

At the request of the rental company, the customer must provide the exact location of the vehicle at all times. All DoSa Sandu vehicles are equipped with a tracking system. A sticker in each vehicle (camera symbol) draws attention to the existing tracking system. This data may be retrieved by the rental company if required.

 

The Rental Firm accepts no liability for items forgotten or stolen by the customer in the vehicle.

In connection with breakdowns, accidents or damage during the period of use, please refer to sections VI and VII.

If the vehicles are not used in accordance with the regulations, the Lessor reserves the right to block customers from using the vehicles in the future. In this case, the blocked customer will no longer be able to make reservations via the Lessor’s website.

DoSa Sandu rental vehicles may not be used for:

• Subletting or transfer to third parties
• For the commission of criminal offenses
• To participate in races
• Trips abroad
• to tow another vehicle for driving courses

for learning trips

• in overloaded condition
• for driving off-road or on non-public roads

VI. Breakdowns and accidents with the rental vehicle

• If the warning lights light up red, the vehicle must be stopped immediately and the rental company contacted by telephone for further instructions. If the warning lights light up yellow, it is generally permitted to continue driving. In this case, the Rental Firm must be informed by e-mail. If it is not possible to continue the journey, the customer is responsible for their own onward transportation. There is no entitlement to a replacement vehicle.
• In the event of a breakdown or accident, the customer is obliged to inform the Rental Firm immediately by telephone. If it is difficult or impossible to continue the journey and/or the safety of the occupants is at risk, further action must be agreed with the Rental Firm immediately.

 

• In the event of an accident, damage involving third parties or damage to property at the expense of third parties, the customer must notify the lessor and the police immediately and complete a European accident report in full. If a third party is involved, they must sign the report together with the customer. The accident report must be sent to the Lessor within 3 days.
• In the event of theft, loss, fire, damage caused by game or other damage, the customer must inform the police immediately and have a police report drawn up and send it to the lessor as soon as it is received.
• In the event of theft, the vehicle keys, a personal report of the theft and the police report must be returned to the Rental Firm within 24 hours.
• If there is no damage report or police report, the lessor may consider the customer who last used the vehicle to be the cause of the damage and hold them responsible. For this purpose, the Lessor may use the electronic journey record. The customer must be admitted as evidence to the contrary.
• The customer may not sign any acknowledgement of debt to the detriment of the landlord. It will not be accepted by the Lessor and any liability will be rejected.
• The breakdown service may only be called out by the lessor.

Otherwise the costs will be charged to the customer.

VII. New damage to the rental vehicle

• Damage occurring after the start of the journey must be reported to the rental company immediately.
• If the damage is reported after the start of the journey, the customer authorized to use the vehicle at the time is deemed to have caused the damage.
• The customer is obliged to compensate the rental company in full for any damage to the vehicle caused by a breach of the General Terms and Conditions of Business and/or careless or inappropriate use by the customer or any additional driver. This includes in particular the theft of, damage to or loss of the vehicle as well as keys and accessories.

 

• In addition, the customer shall be liable in particular for all defects

Damage to the vehicle for which it is responsible. This includes, for example, damage caused by refueling with the wrong fuel, failure to observe the maximum heights for garage entrances, underpasses, etc, improper use of snow chains, careless handling of the interior (e.g. cigarette holes, tears and stains on upholstery and carpets), off-road driving and careless handling in general (e.g. damage to the underbody such as steering, transmission, suspension, suspension damage as well as damage to axle parts, sills, oil pan, pipes, exhaust system, shields and covers), incorrect handling of the vehicle (mechanical damage to clutch, transmission, suspension, etc.).

• The scope of liability includes the repair costs, the vehicle value (current value) in the event of a total loss and all other damages, such as towing costs, costs for expert opinions, depreciation of the rental property, lost rental income, legal fees and administrative costs.
• In the event of disagreement, the Lessor shall be entitled to have the cause, extent and quantification of the damage determined by an independent expert appointed by it at the Customer’s expense. If the customer does not accept the result of this expert opinion, it shall be entitled to commission a competent person to be appointed by it to prepare an expert opinion at its own expense.
• If the vehicle cannot be used by the Lessor as a result of damage, the Lessor may charge the customer responsible for the loss of use for the duration of the repair.

VIII. Insurance benefits, liability conditions and traffic rule violations

• The vehicles provided by DoSa Sandu are insured in accordance with the provisions of the Road Traffic Act. Some vehicles are partially insured and others are fully insured.
• Citroen Jumpy: fully comprehensive, Allianz, excess – 1000.- CHF
• Renault Trafic XL: Partially comprehensive, Allianz, excess – 0.- CHF
• Ford Transit: Partial casco, Allianz, deductible – 0.- CHF
• The customer undertakes to provide the lessor with the name of his insurance company in the event that this is required.

 

• Customers shall be liable for all damage to the vehicle caused by them or by an additional driver during the rental period, unless such damage is covered by insurance. The Lessor’s insurance company may take recourse against the customer if necessary.
• If the Lessor is notified by the authorities of traffic fines or violations of traffic regulations committed with a rental vehicle belonging to the Lessor, the Lessor shall inform the authorities of the surname, first name, address, date of birth and home town of the customer concerned and shall charge a fee for its expenses. The customer shall be responsible for the conduct of the proceedings, including all cost consequences.

IX. Vehicle return

1. Time

The vehicle must be returned to the pick-up location by the customer by the end of the reservation period at the latest. If it is not possible to return the vehicle on time, the Rental Firm must be informed immediately by telephone.

The Lessor reserves the right to charge additional fees in the event of late return.

If the vehicle is not returned to the pick-up location on time, the customer must pay a contractual penalty of CHF 300.00 for each hour (the rental is per hour) of the day commenced and compensate for any damage.

2. Parking lot

At the end of the reservation period, the vehicle must be parked exactly in the parking space of the signposted LolRent parking lot at the pick-up location. If the Lessor or a towing service is required to repark the vehicle, these services as well as any fees and claims for damages by third parties will be charged to the customer. The fee for re-parking by the Rental Firm will be charged to the customer (CHF 150.00).

3. Condition

 

The vehicle must be thoroughly cleaned and returned with a full tank; otherwise a refueling fee of CHF 150.00 will be charged. The gas station closest to the return location must be selected for refueling. After refueling, the receipt of the gas station used must be sent to the Lessor by photo. The customer must ensure that only the intended fuel is used. In the event of incorrect refueling, the consequential costs incurred will be charged.

Any cleaning costs and other charges for open windows, doors, lights that are not switched off or open key boxes will be charged to the customer (CHF 150.00 to 300.00).

The key to the vehicle must be returned to the appropriate key box as instructed by the Rental Firm.

X. Cancellation, termination and termination of the rental agreement

One-way trips are not permitted.

Customers may cancel a reservation up to 48 hours before the start of the rental period without incurring any costs. If the reservation is canceled later or if the reserved vehicle is not used without prior cancellation, the customer must pay the full rental price. In both cases, there is no entitlement to a refund of the rental costs.

The Lessor reserves the right to terminate the customer’s account at any time without giving reasons and to cancel reservations without giving reasons. In this case, the customer shall not incur any costs, and the lessor shall not be liable for any damages resulting from the cancellation.

The landlord may terminate the contract without notice if the customer has provided false information or concealed material facts that make the continuation of the contract unreasonable for the landlord. This also applies to serious breaches of contract that are not remedied despite a written warning. The Lessor reserves the right to terminate the customer relationship after a claim, in the event of breaches of the GTC or in the event of serious offenses by immediately terminating the customer account.

XI. Data protection

All data that the Lessor receives from customers or other persons involved is processed in accordance with the provisions of the Swiss Federal Data Protection Act.

The customer expressly agrees that, in addition to general personal data, the lessor may also process data from the driver’s license or an identification document (passport/ID), communication data (in particular e-mail address), financial data (e.g. credit card data) and other relevant personal data for purposes related to the rental of a vehicle.

XII. Applicable law, place of jurisdiction, severability clause

The legal relationship between DoSa Sandu and the client is governed exclusively by Swiss law.

The parties agree that the court at the registered office of DoSa Sandu (Thun BE) shall have jurisdiction, subject to any statutory provisions to the contrary.

Should one or more provisions of these GTC be invalid or void in whole or in part, this shall not affect the validity of the remaining provisions.