Rent Smart Key facts at a glance: Prices include insurance and VAT. Rent is only possible at the age of 25. Insurance included. The deductible for partially comprehensive insurance is
€ 150 and for fully comprehensive insurance € 950 The customer is obliged to check the rental
smart vehicle for visible defects,
damage and gross soiling before
starting the journey and to report these
before starting the journey.
By phone at the service
center or with pictures via WhatsApp or email. The message must be sent before departure / engine start. Service number: 0800 -800 777 666 WhastApp: 00491748007776 Email: email@example.com Prices for special services: Loss of the vehicle key € 250.00 Reparking illegally parked vehicles € 50. Passing on of third-party bills through customer negligence
(towing operations, parking violations, etc.)
according to the third-party invoice Processing of towing processes € 50.00 Processing of accidents and vehicle
damage € 50.00 Use of service vehicle due to customer
fault € 50.00 Processing of traffic violations, administrative offenses, warning fines
and fuel receipts € 10.00 Special cleaning / repair of the vehicle due to a violation of the
MietSmart GTC at cost, at least € 50.00 Processing of direct debit decreases € 3.10 Processing of reminders in the event of late payment € 2.50 Inadmissible trips abroad € 250.00 Special cases, criminally relevant facts € 150.00
TERMS OF SERVICE § 1 subject (1) The company MietSmart.com Zum Mühlenfließ 11 15366 Neuenhagen
(hereinafter referred to as "Miet Smart")
operates the workshop replacement car concept Miet Smart. (2) These general terms and conditions (GTC) apply to the registration
and the rental of smart vehicles (individual rental agreement).
After successful registration and validation of a customer's driver's license
(see § 4 of these terms and conditions),
the framework contract between the customer and Miet Smart comes into being.
In the case of legal entities or partnerships,
the framework agreement, contrary to the above paragraph, is concluded with the
confirmation of the customer's registration by Miet Smart.
When renting smart vehicles, these terms and conditions are supplemented by the
General Conditions for Motor Insurance (AKB) and the tariff regulations.
The conclusion of the framework agreement does not entitle the Smart Rental Company or the
customer to conclude individual rental agreements.
Only the current prices and fees at the time of booking apply, as set out in the tariff regulations
and can be viewed at www.MietSmart.com.
With customers who have already concluded a framework agreement with another Miet Smart
national company, the framework agreement with
Miet Smart comes into being when a rental Smart vehicle is rented for the first time. (3) Miet Smart reserves the right to refuse the participation of a customer if there is reason to
believe that the applicant will not behave in accordance with the contract. (4) Miet Smart provides one or more Smarts depending on the branch. A permanent assembly
is unfortunately not guaranteed.
If applicable must be referred to another branch with inventory. The customer uses the rental
smart vehicles on the basis of the following provisions.
These apply equally to all vehicle types, unless rights and obligations are expressly
justified when using one of the vehicle types. (5) Miet Smart expressly reserves the right to make appropriate changes to the general
terms and conditions and the tariff system.
Changes will be made known to the customer by notification by e-mail and by
publication on the Miet Smart website and app.
Any changes are deemed to have been approved if the customer does not object to
them in writing within six (6) weeks after notification of the changes.
Miet Smart will specifically point out this consequence when announcing the changes.
The sending date is decisive for the timeliness of the objection.
The old Miet Smart terms and conditions apply to individual rental contracts in force
at the time of the change to the Miet Smart Terms and Conditions.
§ 2 Definitions
(1) The “customer” is a natural or legal person or partnership (the latter two are
hereinafter also referred to as “corporate customers”)
who have successfully and properly registered with Miet Smart and who
has concluded a valid framework agreement with Miet Smart . (2) The "Rental Smart App" (available from October 2021) is a smartphone
application which, among other things, serves as an access medium for reserving
and renting Rental Smart vehicles, as far as this is technically permitted at
the respective Rental Smart locations.
Details on the technical availability and the respective scope of functions
of the Miet Smart app at the individual Miet Smart locations can be
found on the Internet portal of Miet Smart. Apps from other providers that
are officially approved by Miet Smart for renting and leasing rental smart
vehicles are on an equal footing with the rental smart app.
§ 3 billing account, user data, cross-usage (1) In order to be able to rent, reserve and use the Rental Smart vehicle,
the customer must: a) either select a payment method
(e.g. PayPal, SEPA direct debit) in the Internet portal and have stored the
relevant data (" own billing account "), or b) have been authorized by
another customer (legal person, partnership or natural person with their
own billing account) to carry out rental transactions / uses at their expense
(" third-party billing account "or" cross-use "), or c) have an active account
with a payment function that is accepted by Miet Smart. (2) The customer must keep the personal data stored by him in the Rent
Smart user account up to date.
This applies in particular to his address, email address, mobile phone number,
driver's license data and bank details or PayPal data.
If the data is demonstrably not up-to-date (e.g. e-mail delivery not possible,
mobile phone number out of date),
Miet Smart reserves the right to temporarily block the customer's account. (3) Customers who authorize other customers to carry out rental transactions
at the expense of their own billing account ("cross-use") are
liable for all liabilities incurred by the beneficiaries in accordance with the tariff
system, as well as for damage caused by the negligence of the beneficiaries.
They accept declarations and notifications from Miet Smart on behalf of the authorized persons. (4) Outside of cross-use, all customers are strictly prohibited from allowing third
parties to drive rental smart vehicles. In particular, the transfer of customer
login data (Rental Smart ID, Rental Smart Password and MietSmart PIN) to third
parties is not permitted. This also applies if the third party is a Miet Smart customer himself.
For each case of infringement, the customer undertakes to pay a contractual penalty of € 1,500.
The assertion of further damage remains unaffected. In this case, the contractual penalty will be offset. (5) The customer can only offset against the claims of Miet Smart if the c
ounterclaim of the customer is undisputed or a legally binding title is available;
The customer can only assert a right of retention if it is based on claims from the rental agreement.
§ 4 Driving authorization, driving license validation (1) Only natural persons who a) are at least 25 years old and have been in
possession of a driver's license currently valid in the Federal Republic
of Germany to drive a car for at least one (1) year are entitled to take over
and drive rental smart vehicles ; b) who carry their driver's license with them
during the rental and meet all conditions and requirements contained therein;
c) are customers of Miet Smart themselves, even if they use a vehicle within the framework
of cross-use (see Section 3 (3) below) for the account of a corporate customer or other customer
d) have a means of access activated in accordance with (3); (2) Customers who are natural persons must personally go to Miet Smart or an official
validation partner of Miet Smart (validation center) to validate their driving license
(for a fee) and identify themselves there by presenting their driving license and suitable identification documents. (3) After successful validation of the driving license, Miet Smart switches the customer's
means of access for a maximum of thirty-six (36) Miet Smart Germany
General Terms and Conditions. In order to activate the customer's means of access
for a further period of thirty-six (36) months, the customer must again go to a
validation center and present their valid driver's license in person. Irrespective of this,
Miet Smart reserves the right to request the customer at any time to come to a
validation center for the purpose of checking the driver's license and to present his
valid driver's license. If the customer does not comply with this request,
Miet Smart can block the customer's means of access. (4) If the driving license is withdrawn or lost, the driving authorization for the rental
smart vehicle expires immediately for the duration of the loss or withdrawal.
The same applies to the duration of a driving ban. Customers must immediately notify
Miet Smart of the withdrawal or restriction of their driving authorization,
driving bans that come into effect or a temporary seizure or confiscation of their driving license.
§ 5 means of access (rental smart app) (1) Customers receive a rental smart app (planned) as a means of access for the rental smart vehicles. (2) To use the rental smart app as a means of access, the customer must have a mobile
phone that meets the technical requirements of the rental smart app.
Each time the app is downloaded, it is automatically checked whether a mobile phone
meets these requirements, so Miet Smart does not guarantee compatibility.
The customer himself has to ensure the possibility of mobile data communication and
bears any costs of data transmission that arise from his mobile phone provider. (3) Corporate customers receive special conditions on request. (4) During the registration process, the customer receives a password that gives him
access to confidential information and functions on the Internet portal
(e.g. booking rental smart vehicles, viewing invoices, viewing / changing personal /
company-related data). The customer undertakes to keep the password strictly
secret and not to make it accessible to third parties. In particular, the customer may
under no circumstances note the password on a means of access or its
carrier medium, store it there or keep it in any other way near the means of access.
The customer undertakes to change the password immediately if there is reason
to believe that a third party may have gained knowledge of it. (5) The customer is liable within the legal framework for all damage caused by the
loss of the means of access,
in particular if this enabled theft, damage or improper use of the rental smart vehicle
§ 6 Reservation and conclusion of individual rental contracts (1) The rental contract for the use of a rental smart vehicle is concluded in which the
customer books the rental process either via the website or in the rental
smart app (in planning). The customer is obliged to check the rental smart vehicle
for visible defects, damage and gross soiling before starting the journey and to
report these before starting the journey. At the rental station, by phone at the service
center 0800-8007776 or via WhatsApp 00491748007776. (2) In the event of severe damage, the customer may have to contact the Service
Center by telephone to determine the type and severity of the defects, damage
and / or soiling. In order to enable a causer-based allocation of the damage, the A message must be sent before the engine is started. The customer is obliged to
provide the relevant information completely and truthfully.
The Service Center is entitled to prohibit the use of the rental smart vehicle if the
safety of the journey appears to be impaired. The Miet Smart Service Center
is entitled to call the customer on the mobile phone number stored in the personal
data in the event of disruptions in the usage process.
The Rental Smart Service Center is entitled to prohibit any further use of the Rental
Smart vehicle if there is reason to suspect that there is behavior
contrary to the contract (e.g. violation of Section 9).