1. RENTAL AGREEMENT

The Rental Agreement is concluded between:

APS-VIE GmbH

FN 595103b

Parkring 12/2

1010 Wien

Email: a.hafez@aps-port.com

and the Renter as specified in the Rental Agreement.

2. KINDS OF SERVICES

These Termes and Conditions cover tree different kinds of services:

• Car rental (without Chauffeur)
• Chauffeur Service (Car and Chauffeur)
• Event Transportation (Car and Chauffeur with several cars for a longer period of time)

3. BOOKING AND CONTRACT

3.1 Rental Costs and Security Deposit

During booking, we indicate the rental costs and the security deposit.

3.2 Options of Booking and Payment

• Option 1 (Booking “Pay now”):

If the renter chooses option “Pay now”, the rental contract is concluded at the time of booking.

The rental costs become due for payment at the time of booking. The security deposit will be pre-authorized.

• Option 2 (Booking “Pay by bank transfer”):

If the renter chooses option “Pay by bank transfer”, the rental contract is concluded at the time of booking.

The rental costs plus the security deposit become due for payment at the time of booking.

The renter can only collect the vehicle if the rental costs plus the security deposit has been credited to our bank account.

We will retransfer the security deposit to the extent that it was not used within one week after the return of the vehicle.

• Option 3 (Booking “Pay at location”):

If the renter chooses option “Pay at location”, booking does not conclude a rental contract. The rental contract is signed and concluded when the renter comes to collect the vehicle.

When the renter comes to collect the vehicle, we will deduct the rental costs plus the security deposit from his payment card.

If deduction from his payment card is not possible, the renter to pay the rental costs plus the security deposit immediately in cash.

In both cases (deduction from the payment card and payment in cash), we will retransfer the security deposit to the extent that it was not used within one week after the return of the vehicle.

3.3 Security Deposit

We can cover the following amounts from the pre-authorized or paid security deposit:

• rental payment for the booked vehicle, together with all the extras booked and any extension to the rental period,
• cancellation fees,
• fuel costs,
• fines,
• any damage that you are liable for.

3.4 Special Features of Event Transportation

3.4.1 There is no security deposit.

3.4.2 In case of Option 1 (Booking “Pay now”), only 50% of the rental costs become due for payment at the time of booking.

In case of Option 2 (Booking “Pay by bank transfer”), only 50% of the rental Costs become due for payment at the time of booking. The renter can collect the vehicle if this amount has been credited to our bank account.

In case of option 3 (Booking “Pay at location”), we will deduct only 50% of the rental costs from the payment card, or if that is not possible, the renter must pay only 50% of the rental costs immediately in cash.

3.4.3 In all three cases, we will issue an invoice for the remaining part of the rental costs after the return of the vehicles.

3.5 Changes to the Contract

3.5.1 Even after the conclusion of the arrangement agreement and even after the start of the ride, the Renter or a Passenger can ask for changes to the Travel Arrangements.

3.5.2 We can decline the wish for a change to the contract.

3.5.3 If a ride is lengthened (distance or number of hours) according to the wish of the Renter or a Passenger, the rental costs will be newly calculated. The additional rental costs can be paid:

• by a new paylink (following the rules of Option 1, Booking “Pay now”);
• by bank transfer (following the rules of Option 2, Booking “Pay by bank transfer”); or
• in cash (following the rules of Option 3, Booking “Pay at location” with cash payment).

3.5.4 In the contract is changed at the request of a passenger, the renter and that passenger are jointly liable for the additional rental costs.

3.5.3 If the distance or number of hours are less than originally booked, the price remains unaffected.

3.6 Rental Zones

Zone 1: Austria, Germany, Switzerland, Netherland, Lichtenstein, Luxemburg, and France

Zone 2: Italy, Slovenia, Portugal, UK, and Slovakia

Zone 3: Poland, Czech Republic, Bulgaria, Hungary, and other countries

3.7 Right of Withdrawal

Pursuant to sec. 1 para. 3 and to sec. 18 para. 1 clause 10 of the Austrian Act on distance selling, the renter does not have a 14-day right of withdrawal.

4. CANCELATION POLICY

4.1 Car Rental

• If the cancelation happens 10 days prior to the pick-up, there will be no charges and it’s free.
• If the cancelation happens between 8 and 10 days prior to the pick-up, the renter will be obliged to pay 15 per cent of the rental costs.
• If the cancelation happens between 8 and 2 days prior to the pick-up, the renter will be obliged to pay 45 per cent of the rental costs.
• If the cancelation happens within 2 days prior to the pick-up, the renter will be obliged to pay 100 per cent of the rental costs.

4.2 Chauffeur Service

• Free cancellation if done up to 24 hours before service commencement.
• 50% charge applicable for cancellations less than 24 hours before or in cases of no- show.

4.3 Event Transportation

• No charge if cancelled 10 days before the pick-up date.
• 15% charge if cancelled less than 10 days but more than 8 days before pick-up.
• 45% charge if cancelled less than 8 days but more than 72 hours before pick-up.
• No refund for cancellations made within 72 hours of pick-up.

4.4 Method of cancellation

Any cancellation must be made in writing by email to a.hafez@aps-port.com. Cancellations by phone will not be accepted.

5. ADDITIONAL EQUIPMENT OPTIONS

APS VIE offers a range of supplementary equipment available upon request to enhance your driving experience:

• Infant Carriers:
  •       Specifically designed for the safety of infants during travel.
• Child Seats:
  •       Suitable for children aged 6 months and older, ensuring their comfort and safety.

6. CONDITIONS FOR CAR RENTAL (WITHOUT CHAUFFEUR)

6.1 General Requirements

The following conditions must be fulfilled to rent a car from APS VIE.

• The renter must be at least 18 years old and must have had his driver’s license for at least 1 year.
• The renter’s driver’s license must be valid in Europe or internationally.
• To rent a First Class vehicle, the renter must be at least 25 years old and must have had the driver’s license for at least 3 years.
• The renter must have a personal credit card.
• Renters of business and first class vehicles between the ages of 18 and 24 are considered young drivers.

6.2 Pick up and Drop off

• The renter must carry with him a valid driver’s license, a valid payment method and a passport or national ID.
• During the pick up a deposit will be blocked. Depending on the booking the amount varies.
• The renter receives the car with full tank and clean, and is obliged to return it with a full tank and clean. If the car is not returned fully tanked, the refuelling will happen by us and the renter will be charged the costs in addition to a fee of 95 Euros.
• The renter is obliged to sign a rental contract that contains the set guidelines to rent the vehicle, before he receives the car.
• The renter must examine the car for any damages BEFORE the pick-up. If a damage is found, he must report it to us, in order to avoid any liability.

6.3 Rightful use of the cars

• Our rental cars must not be used for racing, speed tests, driving lessons or learning, demonstrations, sublet and any other unauthorized purposes.
• Any kind of smoking, this includes vaping and the likes is prohibited.
• The renter must use the designated gasoline according to the vehicles requirements.
• Unauthorized repairs and towing without contacting us first is prohibited.
• The tires of the car must be kept at appropriate pressure level.
• The car must always be parked in a safe location. In case of theft or accidents, the renter must inform the local police and APS VIE. Without a valid police report, the renter is liable to the full costs of the damage.

The renter will be required to the full cost of the damage in case of violating the above obligations.

6.4 Insurance Coverage for APS VIE Vehicles

All vehicles provided by APS VIE come with comprehensive insurance coverage, which includes:

6.4.1 Liability Insurance:

The policy holder obtains liability insurance to safeguard against third-party claims.

• Covers obligations to third parties (excluding drivers) for injuries and death as per the insurance policy.
• Provides coverage for property damage to third parties (excluding rental vehicles) as outlined in the insurance policy.
• Includes protection against fire damage to the vehicle.

6.4.2 Optional Additional Insurance Coverage for APS VIE Customers:

Half Coverage Liabilities (HCL):

• Renter is released from liability for damage or loss of a APS VIE vehicle up to a specified amount based on the vehicle category.
• Applicable only if HCL is acquired during the reservation process.
• Note: Any accidents involving third parties or property damage must be reported to local police, and a valid police report is required for claims.

6.4.3 Super Limited Liabilities (SLL):

• Comprehensive insurance coverage substantially reduces customer liabilities.
• Specific liability amounts per damage are detailed in the reservation confirmation.
• Includes theft protection; however, if the vehicle is stolen due to renter negligence, the renter is responsible for the entire vehicle value.

All insurance contracts adhere to the regulations of the insurance provider and vary based on the vehicle category.

Note: Similar to HCL, any accidents or damage involving third parties or property must be reported to the local police, and a valid police report is necessary for claims.

6.5 Renter Responsibilities:

In case of vehicle damage or loss due to Renter negligence, the Renter is liable for the entire vehicle value at the time of the incident.

6.6 Vehicle return and replacement

• Vehicle Return Options: Renters have the flexibility to return the vehicle to APS VIE location or to a pre-approved location agreed upon with APS VIE.
• Rental Period and Charges: The minimum rental duration is one day, defined as a 24- hour period. Should the rental exceed 26 hours, an additional day’s charge will be automatically applied to the Renter’s credit card.
• Short-Term Rentals: Rentals for a period shorter than 24 hours can be arranged upon special request.
• Lost or Damaged Accessories: In the event of loss or damage to the car key or any provided accessory, the customer will incur a fine relative to the cost of replacement or repair.
• Additional Charges for Vehicle Replacement: Should the need for vehicle replacement arise due to the Renter’s actions, an additional charge will be incurred.

6.7 Other things to note

6.7.1 Interior Maintenance Fee

If the vehicle’s interior is soiled with elements like dirt, animal hair, or sand, necessitating special cleaning, the renter will be charged a minimum cleaning fee of €280.

6.7.2 Second Driver Policy

The vehicle is to be driven exclusively by the Renter unless a second driver is registered. For an additional driver, a valid driver’s license must be provided and an extra fee will be applicable.

6.7.3 Ferry Transport Restrictions

Transporting the vehicle via ferry requires prior authorization from APS VIE. In such cases, the vehicle must be returned to the original pick- up location. For breakdowns or accidents during ferry transport caused by the Renter, the costs for vehicle repatriation to an APS VIE location will be the Renter’s responsibility.

6.7.4 Cross-border Travel

Taking the vehicle across national borders is subject to authorization from APS VIE. The Renter is responsible for the costs associated with obtaining a Green Card and International Road Assistance.

6.7.5 Rental Period Extension

Renters wishing to extend the rental period must notify APS VIE at least 48 hours in advance, or as soon as possible.

6.7.6 Early Return Policy

To return the vehicle earlier than the agreed date, the Renter must inform APS VIE 48 hours in advance.

6.7.7 Refueling Charge

Vehicles are provided with a full tank. If not refueled upon return, a charge of €95 per quarter tank will be applied.

6.7.8 Traffic Violation Liability

The Renter is responsible for all traffic and other fines incurred. A processing fee of €30 will be charged for each violation.

6.7.9 Applicable Taxes

All rental costs are subject to the prevailing local value-added tax.

7. GENERAL TERMS

7.1 Guest Obligations

Timely and specific communication of any requested changes or additions to the service is essential.

7.2 Safeguard Clause and Amendment

In case any provision becomes invalid or unenforceable, the remaining provisions will still be valid. The parties will replace any invalid provision with a valid one that closely matches the original intent and economic objectives. Changes to these terms require written confirmation (e.g., email). Continued use of APS VIE services after changes implies acceptance of the new terms. Customer conditions are only valid if explicitly accepted in writing by APS VIE.

7.3 Jurisdiction and Applicable Law

Austrian law applies to all rental contracts, with the courts of Vienna being competent for litigation.