1. General provisions

These General Terms and Conditions (GTC) govern the rental of “hot rods” – hereinafter referred to as the “Vehicle” – by HRTours GmbH (hereinafter the “Lessor”) to customers (hereinafter the “Renter”). A vehicle is rented exclusively on the basis of a written rental agreement and these GTC. These GTC apply exclusively. Deviating terms and conditions of the Renter are only valid if they have been expressly acknowledged in writing by the Lessor. Austrian law applies, in particular the General Civil Code (ABGB), the Consumer Protection Act (KSchG) and the Road Traffic Regulations (StVO).

The subject of the rental agreement is the transfer of possession and use of a vehicle for the period specified in the rental agreement. The rental price is as stated in the rental agreement, which is part of the rental agreement. The Lessor is free to refuse to rent out vehicles without giving reasons.

2. Booking, Payment & Cancellation

A booking is binding once it has been confirmed by the Lessor in writing or by email. One or more vehicles are then reserved for the customer to rent at the agreed time. The customer is obliged to pay the Lessor the costs stated at the time of booking (rental price) without delay. Accepted payment methods are bank transfer, credit card, debit card or cash. The rental agreement is concluded in writing on site before the vehicle is handed over.

Cancellation policy:

• Up to 48 hours before the start of the rental: refund less a 10% processing fee.
• 48 to 24 hours before the start of the rental: refund of 50% of the rental price.
• Less than 24 hours before the start of the rental: no refund.

As an alternative to a refund, the Lessor may, at his own discretion, issue a voucher for the canceled tour, provided the Renter requests this option in good faith. The rental price must be paid in full before the start of the tour at the latest. If the rental cannot be carried out for safety reasons (e.g. severe weather), the Lessor offers the following options:

• A free rebooking to a new date,
• A voucher for later use, or
• A refund less a processing fee of 10 euros.

3. Authorized drivers

Only persons named in the rental agreement may drive the vehicle. All drivers must hold a valid Class B driving licence or an equivalent foreign driving licence that authorizes them to drive passenger cars in Austria. Drivers must not be subject to a driving ban and must be at least 18 years old as well as physically and mentally fit (not impaired by medication, drugs or alcohol). The Lessor may prohibit a person from driving if there are doubts about their fitness to drive. The Renter is responsible for ensuring compliance with the legal regulations for driving motor vehicles.

4. Special information / Use at your own risk

The Renter and all authorized drivers understand and acknowledge that the rented vehicles are special vehicles that differ considerably from ordinary passenger cars in terms of operation and driving characteristics. Even experienced drivers must familiarize themselves with the operation and driving characteristics of these vehicles. The Renter and all authorized drivers expressly accept the increased risks associated with these vehicles compared to standard road vehicles and assume full responsibility for these risks.

In this context, the Renter and all authorized drivers use the vehicle(s) at their own risk. The Lessor is not liable for damage, in particular damage resulting from risks connected with the special design of the vehicle. The Renter and all authorized drivers are expressly advised of the following special features and risks related to the design of the vehicle:

• The compact size of the vehicles, in particular the wheels protruding from the chassis, can make it more difficult to perceive their position and condition.
• The vehicle does not have modern safety features such as anti-lock braking systems (ABS), seat belts or airbags.
• The vehicle is equipped with an automatic transmission and a highly sensitive steering system (small movements of the steering wheel lead to significant changes in direction).
• Unlike standard passenger cars, the vehicle’s brake is operated with the left foot.

The Renter and all authorized drivers are obliged to familiarize themselves with the operation and characteristics of the vehicle before starting the journey. This applies in particular to the steering and braking behavior. In case of uncertainty, the Renter and all authorized drivers must seek clarification from the Lessor or his staff during the handover of the vehicle(s) or the instruction in its operation. The Renter and all authorized drivers may only begin the journey once they are confident that they can operate the vehicle safely. Furthermore, the Renter and all authorized drivers are advised that these vehicles offer no protection from the elements. The Lessor is not liable for weather-related damage or soiling. The use of mobile phones while driving is prohibited under Austrian law.

5. Handover and acceptance of the vehicle

When taking over the vehicle, the Renter must present the following documents for himself and all drivers named in the rental agreement:

• a valid identity card or passport,
• a valid Class B driving licence or an equivalent foreign driving licence that authorizes them to drive passenger cars in Austria,
• a debit card or credit card for the deposit.

The vehicle will be handed over to the renter in a roadworthy and technically flawless condition, together with a helmet and a walkie-talkie. If this is not the case, the Renter/driver is obliged to report any defects to the Lessor upon taking over the vehicle and to ensure that such defects are documented either photographically or in writing. The vehicle is handed over with sufficient fuel. Upon handover, the Renter is instructed in the special features of operating the vehicle. By taking over the vehicle, the Renter confirms that he has been sufficiently instructed in operating and handling the vehicle.

The Renter is obliged to comply with all legal regulations for driving a motor vehicle, in particular the Road Traffic Regulations (StVO), the Driving Licence Act (FSG) and the Motor Vehicle Act (KFG), and to ensure that other authorized drivers also comply with them. The Renter is liable for all consequences arising from violations. The Renter ensures that all authorized drivers listed in the rental agreement also comply with these legal requirements and is liable for them.

6. Use of the vehicle

The vehicle may only be used for the purpose of the tour, under the guidance of a tour guide, along a predefined route. All instructions of the guide or the Lessor must be followed. If the driver loses contact with the group or the guide, he must immediately stop at a suitable location and contact the Lessor or the guide. Driving is only permitted with a protective helmet that meets the legal requirements in Austria. The vehicle may only be used on public roads within Austria.

Use for off-road driving, motorsport, driving on race tracks or any test or practice driving is prohibited, even if these routes have been approved for such purposes. Driving the vehicle off public roads requires the written consent of the Lessor. The use of the vehicle on motorways is not permitted. The Lessor reserves the right to impose further geographical or other restrictions on the use of the vehicle. The Renter is not permitted to sublet the vehicle or to make it available to third parties for purposes other than the intended use.

Explicit prohibitions:

• The transport of dangerous substances within the meaning of the Austrian Ordinance on the Transport of Dangerous Goods is strictly prohibited.
• The vehicle must not be used to tow other objects.
• Only personal accessories or necessities that fit into the pockets provided may be transported (e.g. clothing for the ride or a handbag).

The Renter must treat the vehicle with care and observe the operating instructions and the legal regulations. The Renter is in particular responsible for ensuring that the rented vehicle remains in a proper and roadworthy condition throughout the rental period and must pay particular attention to technical defects (e.g. oil pressure, tire pressure, unusual noises, chain slack or brake function). If there is any doubt as to whether the vehicle is in proper condition, the Renter must inform the Lessor and refrain from further use of the vehicle. The Renter must comply with all operating instructions, including prescribed fuel requirements and the applicable legal provisions for vehicle use.

7. Parking the vehicle

All portable accessories must be removed when the vehicle is parked. When leaving the vehicle, the Renter/driver must take the vehicle keys with him and ensure that they are stored securely and are inaccessible to unauthorized persons.

8. Return of the vehicle

The Renter must return the vehicle in proper condition, together with all accessories, at the agreed time and place. In the event of a breach of duty by the Renter (e.g. failure to follow the guide’s instructions), the Lessor is entitled to demand the early return of the vehicle at a specified time or to terminate the rental agreement without notice. In such cases, the vehicle must be returned immediately.

Late returns result in charges of €100 per hour or part thereof. In addition, the Renter must bear any further losses resulting from a late return.

9. Obligations of the renter/driver in the event of damage

In the event of damage or an accident, the Renter/driver is obliged to:

• Secure the accident site and ensure that, after a breakdown or damage, all necessary measures to minimize damage and preserve evidence are taken, including the immediate notification of the police — even in the case of accidents without third-party involvement, accidents caused by the Renter/driver’s own fault, or accidents involving wild animals.
• Record the location and date of the accident as well as the names and addresses of all parties involved, including the license plates of the vehicles involved and the names and contact details of witnesses, and prepare a sketch for submission to the Lessor.
• Ensure that no statements or admissions of guilt are made by the Renter/driver.
• Take appropriate precautions at the accident scene. The Renter/driver must not leave the accident scene before fulfilling his duty to explain the incident and to establish the necessary facts.

The Renter/driver must immediately report the theft of the vehicle, of vehicle parts or of accessories to the competent police authorities. The Renter/driver is obliged to report any damage to the vehicle to the Lessor immediately and personally, truthfully and completely. Police reports must be enclosed for the claim to be processed. During further processing, the Renter/driver is obliged to support the Lessor and his insurer in clarifying the claim and to provide all information necessary to clarify the claim and establish liability. The Renter/driver must provide a truthful written description of the essential facts without delay.

In the event of a breakdown where the safe use of the vehicle is no longer guaranteed or is impaired, the Renter/driver must take appropriate safety precautions and immediately coordinate with the Lessor regarding the necessary measures. Work on the rented vehicle (e.g. repair of damage) is only permitted with the express consent of the Lessor. Costs incurred without this consent will not be reimbursed.

10. Renter’s liability

The Renter is liable to the Lessor for all damage to the vehicle occurring during the rental period or caused by the Renter’s use of the vehicle, as well as for the loss of the vehicle (including vehicle parts and accessories) during this time. The Renter is responsible for such damage or loss. The Renter’s obligation to compensate also covers repair costs and any reduction in value or, in the event of a total loss, the replacement cost of the vehicle less its residual value. The Renter is also liable, where incurred, for towing costs, expert fees, other costs and the Lessor’s lost rental income.

If the vehicle is left to third parties — including drivers named in the rental agreement — the Renter is liable for compliance with the provisions of this rental agreement as well as for the conduct of those third parties as for his own conduct. The Renter is responsible for the consequences of traffic violations or criminal offenses established in connection with the vehicle and is liable to the Lessor for them. The Renter is fully liable for all resulting fees and costs as well as for warning fines and other fines or penalties. In such cases, the Lessor is obliged to disclose the name of the Renter/driver to the authorities.

The Renter is liable in accordance with the statutory provisions for damage caused to third parties (e.g. other road users) insofar as such damage is not covered by existing liability insurance. Insofar as the Lessor, as owner of the vehicle, is held liable for such damage, the Renter must compensate the Lessor for the loss incurred.

11. Reduction of liability for damages

The Renter may limit his liability for damage to or loss of the vehicle by paying an additional fee of 10 euros, which reduces the deductible to 250 euros per claim (a reduction of 50%). If the additional fee is not paid, the deductible remains at 500 euros.

This does not apply to damage caused by gross negligence or intentional misconduct; in such cases, liability is not limited. The reduction of liability is otherwise subject to the agreed conditions, including separate provisions on the non-applicability of the liability reduction in the event of violations. The reduction of liability also lapses in the event of an intentional breach of duties under the rental agreement by the Renter/driver. The deductible is payable in the event of damage regardless of any previous damage to the vehicle and is charged in every case of damage, regardless of its extent.

12. Insurance

The rental price includes at least the legally required motor vehicle liability insurance. This insurance does not cover damage to items located in or on the vehicle.

13. Lessor’s liability

The Lessor endeavors to ensure that the vehicle is in good roadworthy condition and is made available on time as agreed. If a vehicle is not available and no replacement vehicle can be provided within 60 minutes, the Renter may withdraw from the contract. In this case, the customer/Renter is only entitled to a refund of payments already made. Any further loss (travel costs, other rental costs) will not be reimbursed unless the Lessor is responsible for the non-performance of the contract through intentional misconduct or gross negligence.

Events that are unforeseeable, unavoidable or beyond the Lessor’s control, or for which the Lessor is not responsible — such as force majeure, war, terrorist attacks or natural disasters — release the Lessor from his obligation to perform on time. The Lessor is only liable for personal injury or property damage caused by intentional misconduct or gross negligence. Liability is otherwise limited to typically foreseeable damages at the time the contract is concluded, except where mandatory provisions of Austrian law provide otherwise. The Renter otherwise uses the rented vehicle at his own risk.

14. Security deposit

The Lessor may require a security deposit of €500 (five hundred euros) before handing over the vehicle. This deposit is secured by a pre-authorization of a valid credit card issued in the Renter’s name. The deposit serves as security for:

• Damage to or loss of equipment as described in Section 15.
• Extraordinary cleaning costs exceeding the standard cleaning after the rental.
• Replacement of missing accessories or documents.
• Outstanding traffic fines or tolls pursuant to §22 of the Road Traffic Regulations (StVO).

A full refund will be made within 3 working days after:

• a) contractual return of the vehicle at the agreed time and place,
• b) an undisputed condition check documented by a signed handover protocol,
• c) presentation of all original vehicle documents.

Deductions from the deposit require:

• Dated photo/video material as evidence of damage,
• Itemized repair invoices from certified workshops,
• Expert reports for claims over €300.

15. Loss or destruction of equipment

The rental includes a walkie-talkie, a helmet and a beanie hat. If the customer loses or destroys any of these items, he is fully responsible for replacing the lost or destroyed item.

Replacement costs:

• walkie-talkie: 75 euros,
• helmet: 90 euros,
• beanie hat: 10 euros.