General Rental Conditions

1. Parties: The lessor is Säntinox AG Switzerland, domiciled in Teufen (hereinafter “Lessor”). The lessee is the natural or legal person entered in the rental agreement who rents a vehicle from the Lessor.

2. Conclusion of Contract and Contract Content

2.1 The reservation/booking of the desired vehicle group made by the Lessee constitutes a binding offer within the meaning of Art. 3 et seq. of the Swiss Code of Obligations to conclude a vehicle rental agreement. The contract is formed upon confirmation by the Lessor to the Lessee, which may also be effected by digital means (conclusion of contract).

2.2 The content of the concluded contract is confirmed as binding for both parties when the vehicle is handed over, by the Lessee’s handwritten signature on an electronic device under the contract text displayed there. By signing accordingly, the Lessee confirms that they have read and understood the contract text including these GTC and expressly agrees to it.

2.3 The Lessor reserves the right to offer a higher vehicle category if the booked vehicle category is no longer available, or to reject the Lessee’s reservation/booking. If, exceptionally, a specific vehicle model is booked, Säntinox AG does not guarantee its availability even after confirmation of the booking. If a guaranteed vehicle model is unavailable, Säntinox AG is entitled to withdraw unilaterally from the rental contract without further notice and in particular without any obligation to pay damages.

2.4 Säntinox is also entitled to withdraw from the contract without any obligation to pay damages if the Lessee does not pay the rent and all other fees and costs for the entire rental period in full before the start of the rental.

2.5 The Lessee may use the rental object exclusively for the agreed purpose.

3. Rebooking / Cancellation by the Lessee

3.1 The Lessee may not cancel a reservation up to the agreed time of taking over the vehicle (hereinafter “start of rental”), but a rebooking may be made. The rebooking must be notified to Säntinox AG, Alte Haslenstrasse 10, 9053 Teufen, e-mail: [email protected]
, in writing or by e-mail before the start of rental. A rebooking is only possible if the vehicle category requested by the Lessee is available. Any rental advance payment already made will not be refunded.

4. Failure to Pick Up the Vehicle

4.1 If the Lessee, for whatever reason, does not take over the vehicle no later than one hour after the agreed time, Säntinox AG is no longer bound.

4.2 The rental price already paid will not be refunded to the Lessee in the event of non-collection of the booked vehicle or failure to collect it at the agreed time. The Lessor expressly reserves the right to claim further damages.

5. Requirements Relating to the Lessee / Additional Driver

5.1 The Lessee undertakes to comply with the age and driving licence requirements specified by Säntinox AG for Switzerland and to consult the relevant list on Säntinox AG’s website or at the station, or request it by phone, before making a reservation/booking.

5.2 A valid driving entitlement must be proven by presenting the original driving licence.

5.3 Valid driving licences issued in non-EU states are treated as equivalent to a Swiss driving licence if the Lessee has a valid visa for Switzerland or an EU state in the passport presented, and at the time of taking over the vehicle has not been in Europe for more than 6 months.

5.4 In addition, the following applies:
Valid driving licences from non-EU/non-EEA countries are accepted if they contain the details in Latin script. Customers should also carry an international driving permit or a German translation, as these may be required during official checks.

5.5 If the Lessee or any additional driver does not or no longer meet one of the requirements under section 5 at the time the contract is concluded or at the start of rental, the Lessor is entitled to withdraw from the contract without further notice and to refuse handover of the vehicle. This also applies in particular if the Lessee provided incorrect information (e.g. regarding age) when reserving/booking. In any case, the Lessor reserves the right to cover its expenses incurred and any further loss from the rental amount already paid (see also section 4).

5.6 The vehicle may only be driven by the Lessee. If one or more additional drivers were agreed at the time of reservation/booking, they must also meet the requirements under section 5. If an additional driver no longer meets the requirements under section 5, none of these persons is entitled to drive the rented vehicle. The rental relationship otherwise remains unaffected. In this case, the Lessee is neither entitled to withdraw from the contract nor to reclaim from the Lessor the additional amount paid for the additional driver.

6. Vehicle Handover / Start of Rental

6.1 Vehicle handover/start of rental is only possible during the opening hours of the relevant rental station.

6.2 When renting the vehicle, the Lessee must present the following documents:

a) a valid driving licence and, where applicable, an international driving permit (see section 5)
b) a valid means of payment in accordance with section 8;
c) a passport valid for at least three months beyond the end of the rental period, or a Swiss identity card, or an ID card of an EU country.
d) verifiable details of the current residential address.

If any of these documents are not provided, the Lessor is entitled to refuse handover of the vehicle without further notice and to withdraw from the contract. In this case, the Lessor reserves the right to cover its expenses incurred from the rental amount already paid.

6.3 If the Lessee collects the rental vehicle only after the agreed time, the pro rata rental fee for the unused period remains due.

6.4 Vehicles are handed over to the Lessee in roadworthy condition with a full tank, or in the case of an electric vehicle with a state of charge of at least 80%. At the start of rental, the Lessee must verify the accuracy of the mileage and fuel/charge level stated by the Lessor, the complete and correct recording of any accidents and other pre-existing damage to the vehicle, and the presence of equipment (in particular vehicle documents, insurance certificate, tools, spare wheel/spray, warning triangle, first-aid kit, or for electric vehicles charging cable/accessories) and must immediately inform the Lessor of any discrepancies. If no such notification is made, the vehicle shall in any case be deemed to have been properly handed over.

7. Rental Price

7.1 The rental price is generally the rate agreed in the rental contract together with any additional fees and costs. By concluding the rental contract, the Lessee confirms that they have taken note of these rates, fees and costs and expressly agrees to them (incl. mileage limit, fees for extras such as additional accessories, additional driver fees, costs in the event of liability under section 14 below, delivery and collection service fees, etc.).

7.2 All fuel costs are borne by the Lessee. If the vehicle is not returned with a full tank, or in the case of an electric vehicle not charged to at least 80%, the refuelling/recharging will be billed at the average market price for fuel/electricity plus a refuelling fee.

7.3 The rental contract specifies a particular station as the place for returning the vehicle at the end of the rental. If the vehicle is returned to a different station, or later than the agreed return time, the Lessee must pay the price for an additional full rental day. This fee is charged in addition to any one-way fee.

8. Payment Terms and Electronic Invoicing

8.1 Means of payment
Payment is possible using a valid means of payment such as a credit card (from an internationally recognised credit card company, in particular American Express, Diners Club, Eurocard/Mastercard and Visa), debit card or Maestro card. Cash payments, TWINT payments.
Not accepted include prepaid cards such as Visa Electron.

8.2 Due date of payment
Upon booking, the rental and all other agreed charges will be charged to the Lessee’s means of payment at the start of rental.

8.3 Authorisation to charge the means of payment
By concluding the rental contract, the Lessee irrevocably authorises Säntinox AG and its authorised collection agents to debit from the means of payment indicated by the Lessee at the time of concluding the contract (or subsequently presented or additionally indicated) all rental car costs and all other claims related to the rental contract (including in particular fines, fees, administrative charges and other costs charged to Säntinox AG by the Lessor or its bodies due to traffic violations by the Lessee; see section 12 below) as well as any claims for damages under section 14 below. The rent must be secured at the time of vehicle handover and, for long-term rentals, monthly in advance by an approval from the bank processing the payment. If approval is not granted, Säntinox AG may refuse to hand over the vehicle. If the vehicle has already been handed over and approval for the following month is not granted, the Lessee will be in default of payment. In this case, Säntinox AG is entitled to terminate the rental relationship with immediate effect after an unsuccessful one-time payment deadline has been set.

9. Use of the Vehicle

9.1 The Lessee is obliged to:

• drive and handle the vehicle carefully and comply with the operating instructions specified by the manufacturer and/or the Lessor,
• lock the vehicle when it is not being used, in particular the windows, roof openings and the bonnet;
• use the vehicle only in the permitted countries and there in compliance with the statutory provisions,
• use the vehicle only for legally permissible purposes, and
• interrupt the journey if a defect occurs as soon as this is possible without danger, and then notify the Lessor immediately.

9.2 Restrictions on use
It is prohibited to use the vehicle:

• for races, skid training, driving courses or similar, or as a driving school vehicle;
• as a towing vehicle, tractor vehicle or for bump-starting;
• by providing false personal details such as age, name, address, etc.;
• under the influence of alcohol, drugs, medication or stimulants;
• in an overloaded or unroadworthy condition;
• for journeys off paved roads or paths and for crossing riverbeds or similar (also in particular for vehicles with 4×4 drive);
• for transporting flammable, explosive, toxic or dangerous substances.

9.3 Maintenance
The Lessee undertakes to regularly check oil, AdBlue and water levels as well as tyre pressure and to arrange what is necessary.
Penalty notices or towing services (e.g. due to illegal parking) will be invoiced to the Lessee.

9.4 Repairs
Repairs during the rental should, wherever possible, be carried out by the nearest authorised brand workshop. If repair costs exceed CHF 200.—, the Lessor must be contacted in advance for approval of costs. Where cost approval is granted, the Lessor will reimburse repair costs upon presentation of the receipt. Excluded are all cases in which the Lessee must bear the costs under these GTC. Replaced parts must be handed over to the Lessor by the Lessee.

10. Limited Liability of the Lessor

Any liability of the Lessor for itself and its auxiliary persons towards the Lessee and any additional drivers for any kind of contractual and/or non-contractual personal injury and/or property damage is expressly excluded to the extent permitted by law, including liability for indirect and/or consequential damages, loss of profit, consequential defect damage, delay damage, inability to use the vehicle, missed connections and opportunities to conclude business, etc.

11. Duties of Care and Notification of the Lessee

11.1 In the event of an accident, theft, fire, animal collision or other damage to the vehicle, the Lessee must notify the Lessor immediately and do everything necessary and helpful to clarify the circumstances and minimise the damage. In particular, the Lessee must immediately notify and involve the police in any accident. This also applies to minor damage and self-inflicted accidents without third-party involvement. If the police refuse to record the accident, the Lessee must notify the Lessor immediately and provide proof. The Lessee is prohibited from acknowledging or satisfying a claim in whole or in part unless, in the circumstances, refusal to acknowledge or satisfy the claim would be manifestly grossly inequitable.

11.2 The Lessee is obliged to notify Säntinox AG immediately by e-mail at [email protected]
of any withdrawal of driving entitlement and any circumstances restricting driving entitlement (e.g. restriction of driving entitlement, temporary seizure or confiscation of the driving licence, or a judicial/administrative driving ban). Upon occurrence of one of the above circumstances, the Lessee is prohibited from renting a vehicle and the authorisation to drive a rented vehicle ends or is suspended immediately.

11.3 In the event of a breach of the Lessee’s obligations under sections 11.1 and/or 11.2, the Lessee shall be fully liable without further notice for any damage related to those circumstances, and any agreed limitation of liability or insurance will lapse.
The Lessee hereby authorises the Lessor, in the event of damage, to inspect police and/or administrative files.

12. Traffic Violations

12.1 The Lessee is obliged to observe all traffic regulations and to inform themselves about any special traffic rules applicable in the country where the rental begins or in the countries travelled through.

12.2 Until the vehicle is returned, the Lessee is solely responsible for all legal violations committed with the rented vehicle, in particular under road traffic law (even if committed, for example, by an additional driver). If the Lessor is held liable due to owner liability or for other reasons, Säntinox AG is entitled to pass on any fines, fees and costs to the Lessee in an appropriate manner.

12.3 As the registered keeper, the Lessor is legally obliged, in the event of traffic offences, to report the personal data of the driver/lessee to the authorities. In this case, the Lessee undertakes to pay the Lessor a fee of CHF 40.— for its administrative effort. Any further claims for damages remain reserved.

13. Trips Abroad and Entry Restrictions

If, upon taking over the vehicle, the Lessee receives special instructions or requirements from the Lessor regarding customs, customs reporting obligations and/or conduct at border crossings, or regarding the place of return, the Lessee must strictly comply with them. If for any reason the Lessee is unable to comply with the instructions received, they must inform the Lessor immediately. If the Lessee violates these provisions, they shall be liable to the Lessor for any resulting damage, in particular customs duties, import charges and fines. Depending on vehicle category and individual booking, foreign use of rental vehicles may be prohibited for certain countries. The currently valid restrictions are stated in the rental contract.

14. Liability, Limitation of Liability and Protection Options

14.1 Lessee’s liability towards the Lessor
The Lessee is liable, regardless of fault, for any damage incurred by the Lessor due to damage to the rental vehicle, its destruction or its loss (e.g. theft). The Lessee is also liable for the conduct of an additional driver or any auxiliary persons engaged by the Lessee. The Lessee must treat their conduct as their own and is fully liable to the Lessor for any resulting damage. Multiple lessees are jointly and severally liable for any damage. The Lessee may reduce this liability to a certain extent by concluding a limitation of liability.

14.2 Scope of liability
In addition to the actual damage (e.g. diminution in value and/or repair costs, both taking into account reasonable depreciation, transport, third-party liability excess and loss of bonus), the Lessee’s liability includes the costs of an expert report and a processing fee of CHF 150.— per claim. In the event of total loss, the Lessee is additionally liable for registration and deregistration costs at a flat rate of CHF 300.00. The Lessor is free to claim further damage. In the event of damage, the Lessor is entitled to have the cause, scope and quantification of the damage determined by an independent expert appointed by it at the Lessee’s expense. The Lessee agrees that the findings and the quantification of damage in such a report will form the basis for settlement with binding effect for the Lessee within the meaning of Art. 189 Swiss CPC. If the vehicle cannot be used by the Lessor as a result of the damage, it may charge loss of use for the duration of repair at the rates agreed with the Lessee for the rental. In the event of total loss, loss of use of one week will be charged as a lump sum. Säntinox AG will invoice the Lessee for damage attributable to the Lessee, payable within 10 days. Any further costs incurred in connection with collecting the claim for damages are also borne by the Lessee.

14.3 Third-party liability insurance
The Lessee and any authorised driver are covered by motor vehicle third-party liability insurance. This covers third-party personal injury and property damage up to a maximum coverage amount of CHF 100,000,000 and is limited to Europe.

14.4 Exclusion / lapse of limitation of liability or insurance cover
Intentional or grossly negligent causation of damage results, regardless of the type of damage, in the lapse of any agreed limitation of liability and any insurance cover, and thus in the Lessee’s unlimited liability towards the Lessor and third parties for all damage connected with the rental. In addition, irrespective of fault, any limitation of liability or insurance cover does NOT apply in the following cases, and the Lessee is liable without limitation for the full damage towards the Lessor and third parties:

• misfuelling, improper use of snow chains, ski and luggage racks, careless loading of ski and luggage racks, careless treatment of the vehicle interior (cigarette burns, tears and stains in upholstery or other interior fittings), consequences of driving off paved roads or paths, incorrect handling of convertible tops, failure to close the top in rain, wind, etc.;
• insufficient maintenance/care of the vehicle during the rental;
• roof damage and other damage resulting from failure to observe the vehicle’s maximum height and width when passing through underpasses, entrances, tunnels, bridges, etc.;
• damage (e.g. to clutch, gearbox, suspension) due to clear misuse of the vehicle (e.g. incorrect use of automatic transmission, incorrect manipulation of 4×4 vehicles);
• transport of prohibited or dangerous goods (hazardous materials);
• failure to comply with the Lessee’s duties set out in the rental contract and these GTC (usage rules under section 9, duties of care and notification under section 11, in particular driving without a valid driving licence), as well as handing over the vehicle to an unauthorised third party or to a third party without a valid driving licence;
• failure to comply with statutory reporting obligations at border crossings and customs/import regulations;
• obstructing a police-ordered measure to determine unfitness to drive (Art. 91a para. 1 SVG)
• service and/or repair costs due to the following self-inflicted events: loss of key, locking the key inside the vehicle, running out of fuel, jump start due to flat battery, getting stuck.

14.5 Gross negligence
The parties define grossly negligent conduct—which, even if a limitation of liability or insurance is concluded, results in the Lessee’s full and unlimited liability towards the Lessor and/or third parties—in particular but not exclusively as:

• any serious traffic violation within the meaning of Art. 90 para. 2 SVG;
• any driving in which the driver is aware of the general dangerousness of their unlawful driving or unlawfully fails to consider it at all,
• any driving in which the driver violates essential duties of care and thereby disregards what should have been obvious to any reasonable person in the same situation and under the same circumstances, in order to avoid damage that would have been foreseeable in the ordinary course of events;
• any driving while intoxicated or under the influence of narcotics or medications that reduce fitness to drive;
• any driving while overly tired, including microsleep or falling-asleep events;
• the following traffic violations, insofar as they led to or contributed to an accident: excessive speed or speed not adapted to conditions, failure to control the vehicle, insufficient distance
• tailgating with insufficient distance, ignoring overtaking bans and stop roads, ignoring light signals, ignoring permitted direction of travel, inattention and distraction at the wheel e.g. due to operating mobile phones, radio or navigation devices, deactivation of safety-relevant vehicle equipment such as ABS and ESP and other stability systems, operating the vehicle in a non-compliant and non-roadworthy condition (e.g. insufficient securing of a load, insufficient cleaning of windshields from snow, ice or dirt, etc.);
• insufficient securing of the vehicle (e.g. missing handbrake when parking on slopes, not locking the vehicle, leaving the key in the vehicle);
• leaving valuables in the vehicle.

15. Return of the Vehicle

15.1 The Lessee undertakes to return the vehicle in accordance with the details set out in the rental contract regarding the place, date and time of return, or, in the event of early termination of the rental contract for good cause, to return it earlier at the Lessor’s request. If the Lessee returns the vehicle early, i.e. before the end of the agreed rental period, this does not lead to early termination of the rental contract. In the event of early return or late collection, the Lessee has no claim to a reduction of the agreed rental price.

15.2 The Lessee is obliged to return the vehicle at the agreed rental station at the agreed time to an employee responsible for returns, if such an employee is present.

15.3 If the Lessee does not return the vehicle and the vehicle key to the Lessor by the end of the agreed rental period—even without fault—the Lessor is entitled to demand, for the period of withholding, a usage compensation at least equal to the previously agreed rent. The right to claim further damage remains reserved.

15.4 The Lessee must return the vehicle and any extras in a condition appropriate to contractual use. In the event of damage, excessive wear or soiling, the customer must compensate for it.

15.5 For rentals longer than 27 days, the Lessee must bear the costs of obtaining top-up fluids (in particular engine oil, AdBlue, screen wash and screen antifreeze) up to an amount of 8% of the respective monthly rent (net) if topping up becomes necessary during the rental period.

15.6 When renting vehicles with an AdBlue® tank, the Lessee must ensure that the AdBlue® tank is always sufficiently filled. The Lessee and their agents are unlimitedly liable for violations of this obligation during the rental period; the Lessee indemnifies Säntinox AG against all claims asserted by authorities or other third parties against Säntinox AG due to non-filling of the AdBlue® tank, in particular fines and warning penalties.

15.7 When using the navigation system or pairing mobile or other devices with the vehicle, data may be stored in the vehicle. If the Lessee/driver wishes that such data can no longer be retrieved after return, they must ensure deletion before returning the vehicle. Deletion can be performed by resetting the vehicle’s navigation and communication systems to factory settings. Instructions can be found in the operating manual located in the glove compartment. The Lessor is entitled, but not obliged, to delete such data.

15.8 The Lessee must inform Säntinox AG immediately of any damage to the vehicle occurring during the rental period. As a rule, the Lessor records a return condition report, which must be signed by both parties, thereby bindingly documenting the vehicle’s condition.

15.9 After termination of the rental contract or after exceeding the agreed rental period, the Lessor is entitled at any time to take possession of the vehicle or procure it at the Lessee’s expense and to charge any additional use of the rental contract accordingly. This also applies to long-term rentals if the Lessee is more than 10 days in arrears with the agreed rent or if it is foreseeable that the Lessee can no longer fulfil the obligations under the rental contract.

15.10 The rental contract ends at the agreed time. With the Lessor’s consent, the contract may be extended if the Lessee requests this at least three days before expiry of the agreed rental period. Unless otherwise agreed, the same conditions apply to the extended period as to the originally agreed rental period, or conditions adjusted to the rental period. The extension may only be made in writing at the relevant station of the Lessor and only by the Lessee.

16. Data Protection

16.1 All data that Säntinox AG receives from the Lessee or other persons affected by the rental transaction are processed in accordance with the provisions of the Swiss Data Protection Act.

16.2 The customer expressly authorises Säntinox AG to process, in addition to general personal data, all other data contained in the customer’s driving licence and/or identification document (passport/ID) (including images), communication data (in particular e-mail address), financial data (e.g. credit card data) and all other categories of personal data for the purposes stated in our privacy policy. The Lessee has the right to revoke this consent at any time. The lawfulness of processing carried out on the basis of consent up to the time of revocation remains unaffected by the revocation.

16.3 Name, address and rental data, as well as all other information known to the Lessor about the Lessee, will be transmitted to the relevant authority in the event of substantiated official requests (e.g. in connection with traffic violations), and to a third party in the event of an alleged infringement of third-party rights (e.g. interference with possession).

17. Digital Rental

17.1 In the case of a digital rental, the content of the contract to be concluded, including the displayed general rental conditions, is confirmed by the Lessee by clicking the relevant buttons in Säntinox AG’s digital services. The Lessee thereby declares that they have taken note of and understood the contract content and expressly agree to it. The content of the concluded contract can be accessed within Säntinox AG’s digital services or is sent to the Lessee by e-mail and is thereby confirmed as binding for both parties.

17.2 The Lessee may not pass on access data (e.g. login, PIN, username, password, etc.) for Säntinox AG’s services to third parties and must ensure that such data is not accessible to third parties. Written records of access data must not be made so that third parties cannot gain access to the services. The access data is not transferable.

17.3 In addition to section 11.2, the Lessee is prohibited from using Säntinox AG’s digital services to rent vehicles if driving entitlement is withdrawn or other circumstances restricting driving entitlement occur (e.g. restriction, temporary seizure/confiscation of the licence, or a judicial/administrative driving ban).

18. Applicable Law and Jurisdiction

18.1 The rental contract is governed exclusively by Swiss law, to the exclusion of private international law.

18.2 The exclusive place of jurisdiction for all disputes between the Lessee and any additional driver on the one hand, and the Lessor on the other, in connection with the rental relationship is Trogen / AR. However, the Lessor remains entitled to bring proceedings before any other competent court.

19. Invalidity or Partial Invalidity; Language

The partial or complete invalidity of one or more provisions of the rental contract, including these general rental conditions (GTC), does not affect the validity of the remaining provisions. Any invalid or subsequently invalid provisions shall be replaced, for the purpose of applying the contract, by provisions that come closest to the purpose pursued by the invalid provisions. In the event of contradictions, the German text of the contract shall prevail.