General Terms and Conditions (GTC)

1 Conclusion of contract

The contract between the customer and Geneva Classic Car Club (Part of Reinhardus Business Solutions Sarl) is concluded in the following circumstances:

• Upon unreserved acceptance of membership by Geneva Classic Car Club. Applications are made and confirmed online via Internet/ email. Receipt of confirmation of application shows to the customer that his application has been received and accepted by Geneva Classic Car Club and that the contract has therefore been concluded.
• Upon receipt of confirmation of reservation, in the event that the customer does not wish to apply for membership.

Geneva Classic Car Club reserves the right to withdraw from the contract for serious reasons.

2 Membership/ rental credit amount

2.1 Membership fee

Membership of Geneva Classic Car Club is subject to an annual fee, depending on the model selected. This includes the membership fee and a credit amount for renting.

If the credit amount has not been completely used per the end of the year, the amount remaining is transferred to the next membership year (Gold and Platinum membership). This remaining credit amount will be liquidated at the end of this year.

2.2 Documents to be submitted annually

• Copy of driving licence (photo or scan).

The vehicle user undertakes to notify the lessor if he is banned from driving ban by a doctor, or if his driving licence is withdrawn, or if any other circumstance arises which prevents the vehicle user from driving vehicles in a lawful manner.

If a circumstance arises which prevents the lessee from driving vehicles in a lawful manner, the vehicle must be parked immediately (or the journey must not be started).

Vehicles can also be rented by non-members, in which cases the respective prices and provisions for rental by non-members apply.

3 Termination of membership

Membership expires automatically after 1 year, although the member can still log in. The remaining credit amount will be liquidated at the end of the next year.

Geneva Classic Car Club reserves the right to terminate membership with immediate effect in the event of any gross breach of its rules. In such cases the membership fee and the residual credit amount are reimbursed on a pro rata basis, calculated from the month following termination, less a processing fee of CHF 300.

4 Reservation/ security deposit

4.1 Lessees (Members & Non-Members)

• The lessee must reserve the desired vehicle before the start of the journey via the Geneva Classic Car Club reservation system. ( www.genevaclassiccarclub.ch).
• The renter must ensure that Geneva Classic Car Club is in possession of a copy of the valid driving licence of each driver before the start of the journey – otherwise there is no insurance coverage. 
• The same applies in case wrong information concerning your identity or the validity of your driving license has been given

• The costs for the desired rental period and any options are automatically debited from the member’s credit card. If the balance is insufficient, the reservation cannot be confirmed.
• The security deposit is CHF 2,500. The amount is blocked on the credit card. If the balance is insufficient, the reservation cannot be confirmed.

4.2 Cancellation / reduction of rental period

Cancellations are free of charge if made up to 48 hours before the start of the rental period. If the cancellation is made less than 48 hours before the start of the rental period, 100% of the debited rental costs are charged. In the event that a journey is not started and the reservation in question has not been cancelled, the full rental costs are charged.

Rebooking (where this is possible) is free of charge up to 48 hours before the start of the rental period.

Cancellations are made by email to info@genevaclassiccarclub.ch and will be confirmed within 24 hours. Reductions of the rental period are treated in the same way as cancellations.

5 Vehicle collection

• The lessee collects the vehicle (including all accessories and equipment) with a full tank, in a clean and orderly condition.
• The lessee is responsible for the vehicle from the time of collection to the time of return. Vehicles must be returned to the starting location. Unless any differently worded instructions have been issued by the Geneva Classic Car Club, vehicles may not be left at or returned to a location other than the original location (e.g. in the case of breakdown, construction site etc.).
• Pick up and returns of our cars typically happens at our premises. For an extra fee, we can arrange for a handover at your place. Pick up of the car for a day’s use starts at 9h in the morning, returns need to be done before 7h of the next day.
• The lessee confirms that all existing damage have been captured and noted during the inspection.
• Visible defects (e.g. paint damage) must be reported by email with a photo to info@genevaclassiccarclub.ch before the vehicle is driven away.

6 Return of vehicle

• The vehicle is to be returned at the time stated in the confirmation of reservation, in an orderly condition and with a full tank.

• If Geneva Classic Car Club has to top up the fuel tank, a flat rate inconvenience charge of CHF 70 is made, in addition to the cost of the fuel. 
• Personal items and waste items are to be removed from the vehicle.

• In the event of delay in the return of the vehicle, a further rental day is charged for each 24 hours or part thereof. The lessee must also pay the lessor compensation for any loss arising.

• Vehicles can be returned at any time of day. The benefit and risk are transferred back to the lessor per the start of the next normal business period.

• The vehicle is to be properly locked. If the vehicle is a convertible, the roof is to be closed. The key is to be deposited in the key box using the code as stated in the confirmation of reservation.

• Any new damage is to be reported by email to info@genevaclassiccarclub.ch . Any consequential costs arising from unreported damage will be charged to the most recent lessee.

7 Extension of the rental period

• An extension of the rental period is only possible with the written consent of Geneva Classic Car Club prior to the end of the current lease. 
• Geneva Classic Car Club can refuse to grant an extension, without statement of reasons.

• At the request of Geneva Classic Car Club, the lessee must present the vehicle at the leasing station 
• If an extension of the lease has been agreed, all the conditions of the original lease continue to apply accordingly without change, unless any different agreement is reached in writing.

8 Minimum age / driving licence

• The minimum age for renting and driving a vehicle from Geneva Classic Car Club is 28 years and drivers have to have a driving license (Swiss Driving License B or internationally recognised identical) for 5 years.

• Members of the Geneva Classic Car Club are asked about their category B driving licence annually, and the information provided is filed.

• If a member’s driving licence is withdrawn, this is to be reported to Geneva Classic Car Club immediately. This does not give rise to any entitlement to extraordinary termination of membership. 

9 Authorised drivers

The vehicle may only be driven by the renter (first driver, the person making the booking, hereafter referred to as the ‘renter’) and, in case of a Platinum Membership, of the named partner. Further drivers can be named during the reservation or in the customer centre for a supplementary fee. 
The renter is obliged, 
a) to inform other drivers about the GTCs
b) to instruct further drivers to the vehicle
and is responsible for it.

The renter must ensure that Geneva Classic Car Club is in possession of a copy of the valid driving licence of each driver before the start of the journey – otherwise there is no insurance coverage. 

10 Insurance cover, excess

All vehicles have third-party liability and comprehensive insurance. The excess is CHF 2500. This is entirely at the lessee’s charge. At the reservation a security deposit equal to the excess amount is requested. In the case of an accident or other damage, this amount will be collected until the moment that the responsibility of the driver. 

11 Rent

The rent is calculated on a rental day basis, each rental day corresponding to a calendar day.

In the event of delay in the return of the vehicle, a further rental day is charged for each 24 hours or part thereof. Consequential costs arising from the loss of subsequent rentals or other costs will be charged to the delayed lessee.

Members benefit from a reduced rent.

12 Substitute vehicle

If the reserved vehicle is not available to a customer for its intended use at the start of the journey (e.g. due to delayed return of the vehicle, breakdown, accident etc.), the rent will be reimbursed. If desired, another vehicle can also be provided where possible, depending on availability. If the customer decides in favour of a vehicle in a lower category, the rent will be reduced accordingly. Also, the reservation can be carried forward to another period, if desired and where possible, depending on availability.

No further claims can be asserted.

13 Payment method

Our vehicles can be booked by credit card.

14 Maintenance / repairs

The lessee must use the leased vehicle carefully and must regularly check the oil and water levels and the tyre pressure. He must observe all traffic regulations, and carefully inform himself concerning the traffic regulations of the countries in which he is driving the vehicle. The lessee must immediately report to Geneva Classic Car Club any defects which he does not have to repair himself, and must follow the instructions given to him in regard to repair. With regard to expenses in connection with defects (such as engine oil, spare parts, repair costs), a commitment to cover costs must be obtained from Geneva Classic Car Club beforehand. Expenses incurred within the limits of a commitment to cover costs will be reimbursed to the lessee upon return of the leased vehicle, against presentation of the corresponding receipts. Repairs may only be undertaken by the lessee himself by agreement with Geneva Classic Car Club.

15 Duty of care

The lessee undertakes to take good care of the vehicle. In particular, the specific vehicle specifications are to be observed and adhered to. The lessee should not in any case make modifications to the vehicle, nor treat it in a way that could harm the lessor. The lessee should not in any case transfer, sell, mortgage or pawn the vehicle, its equipment or tooling. 

With all vehicles, the use of an automatic car wash system is prohibited. This can lead to damage to the system and to the vehicle for which the lessee will be held entirely responsible.

16 Action to be taken in the event of breakdown, accident or special events

If an event occurs such as an accident, theft (burglary/theft or misappropriation etc.), loss, fire, game damage or other damage, the lessee must immediately inform the police and have a police report made out. This also applies in the event of accidents caused by the lessee himself without any involvement by third parties. 

Claims of opposing parties must not be acknowledged. In the event of the theft, loss or misappropriation of the vehicle, the lessee must also immediately contact Geneva Classic Car Club as well as the police. 

If any of the above-mentioned events occurs, even if the damage is minor, the lessee must immediately make out a detailed written report, accompanied by a drawing. If an accident has occurred, the report must in particular contain the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved. The European Accident Statement form must be used, a copy of which is to be found in each vehicle folder. If the vehicle is stolen, the vehicle keys, a report on the details of the theft and the police report are to be presented to Geneva Classic Car Club within 24 hours. If you are incapable to return the original keys of the vehicle, you will be charged the value of the vehicle as estimated by an expert. The lessee must grant Geneva Classic Car Club full access to the records.

If the oil level warning light, the water temperature warning light or any other warning light comes on, the vehicle is to be stopped immediately and Geneva Classic Car Club is to be contacted for further instructions. The vehicle may not be driven any further. The Geneva Classic Car Club is not responsible for costs or losses linked to a breakdown, accident, defect or damage to the vehicle.

17 Prohibited use / entry restrictions / exit restrictions

The lessee is forbidden to use the vehicle:

• for participation in motor sport events, vehicle tests and test drives;

• No circuit use of the cars

• use the vehicle for driver trainings

• No rallies with the cars, with exceptions possible for tourism rallies (written authorisation from the Geneva Classic Car Club needed beforehand). 

• No commercial use of the cars

• for the transport of goods or persons in return for payment;
• for leasing to other parties;

• for towing, dragging or otherwise moving another vehicle;

• in an overloaded state, i.e. with a number of persons or payload which exceeds the values stated in the registration document;

• for the conveyance of flammable, explosive, poisonous or hazardous substances;

• in order to commit customs offences or other criminal acts, even if these are only subject to punishment according to the law of the place where the offence is carried out;

• for skid control courses, driving courses etc., except for courses which are explicitly offered by Geneva Classic Car Club.

 For reasons of hygiene, animals are not permitted in Geneva Classic Car Club vehicles. If this ban is not observed, Geneva Classic Car Club will have the vehicle cleaned and the full costs will be invoiced to the customer together with a charge of CHF 100.

 A strict ban on smoking applies in all vehicles. If this regulation is not followed a penalty of CHF 200 will be charged.

 Any exceptions to the above regulations on use require the approval of the management of Geneva Classic Car Club.

 

The use of the vehicle is permitted in the following countries:

• Switzerland, Germany, Liechtenstein, Austria, France, Belgium, the Netherlands, Luxemburg

• The use of the vehicles in countries other than those named above is to be clarified with Geneva Classic Car Club in the individual case.

Note: Because of Italian legislation, crossing the border to Italy must be clarified with Geneva Classic Car Club in the individual case.

18 Liability of the lessee

• The lessee is not liable for defects which arise in the course of the use of the vehicle in accordance with regulations.

• The lessee is liable for all damage caused by him (particularly tyre and glass damage) and arising for Geneva Classic Car Club as a result of unlawful or contract-breaching or careless treatment of the vehicle by the lessee or persons acting as his auxiliaries.

• In other respects, the lessee is liable in particular for all defects or damage to the leased vehicle for which the lessee is responsible. Specifically (but not exclusively) this includes damage arising:

• as a result of using the wrong fuel, or the non-observance of maximum heights at car park entrances, underpasses and similar,
• in connection with careless handling of the vehicle interior (particularly burn marks caused by cigarettes, tears and marks on upholstery and carpets),
• as a result of driving off-road and generally careless handling of the vehicle (particularly damage to the underbody such as damage to the steering, gears, suspension and springs, and damage to axle parts, sill, oil sump, cables, exhaust system, deflector plates and coverings)
• as a result of incorrect handling of vehicles (mechanical damage to clutch, gears, suspension etc., incorrect handling of convertible tops (particularly not closing the top in rain, wind etc.)

• The extent of the liability includes the repair costs (or the replacement cost of the vehicle in the event of total loss) as well as additional losses such as towing costs, costs of an expert report, reduction in value of the leased vehicle, loss of rental income, lawyers’ costs, administration charges.

• Insofar as fines or penalties arise in connection with the use of the vehicle for which claims are asserted against Geneva Classic Car Club, the lessee must reimburse the corresponding amount plus administration charges. In the case of a fine, we charge a processing fee of at least CHF 40 (or according to expenditure). This does not apply in regard to fines or penalties that arise in consequence of culpability on the part of Geneva Classic Car Club. In the event of offences against road traffic regulations in Switzerland or abroad, the lessee authorises Geneva Classic Car Club to surrender the contract details to all official agencies (police, public prosecutor’s offices, road traffic authorities etc.) in Switzerland and abroad.

• A cover on the basis of comprehensive insurance is agreed and the extent of the lessee’s liability is reduced to the amount of the excess as agreed in the rental agreement. 
• The exemption from liability does not apply in respect of damages arising in connection with the use of the vehicle by an unauthorised driver or for prohibited purposes, or if the lessee fails to stop at the scene of the accident, or if damage is caused intentionally or by gross negligence as envisaged in the Swiss Road Traffic Act [SVG], including in particular speeding, overtiredness, unfitness to drive due to the influence of alcohol or drugs, and damage arising as a result of the payload.

• In addition, any exemption from liability of the lessee provided by the lessor is only valid if issued in writing.

19 Liability of Geneva Classic Car Club

Geneva Classic Car Club is liable for damages arising for the lessee as a result of a defect of the vehicle, in accordance with the preconditions set out in Art. 259a and 259e of the Swiss Law of Obligations [OR], unless the liability is otherwise regulated by individual agreement. 

Geneva Classic Car Club is not in any case responsible for damages or losses of whatever nature that affect the personal belongings or objects being inside the vehicle.

In other respects, any contractual or extra-contractual liability of Geneva Classic Car Club towards the lessee or any additional entitled persons under the agreement is excluded, unless Geneva Classic Car Club has caused the damage intentionally or by gross negligence. Geneva Classic Car Club is not liable for damage caused by its auxiliary agents.

20 Amendments to the agreement

Additions and amendments to this agreement must be in writing in order to be legally valid.

21 Amendments to the Car Collection and Rental Conditions

The number of cars of the club and the individual car models are in constant development and can change at any time. Confirmed reservations will be honoured as much as possible. 

Geneva Classic Car Club can change the conditions of the car rent at any time.

22 Final provisions

In the interests of honest and responsible customers, Geneva Classic Car Club reserves the right in particular to terminate, without statement of reasons, customer relationships with customers or companies that do not adhere to these GTC. This applies similarly following any serious offence or damaging event.

Geneva Classic Car Club is entitled to unilaterally alter the present GTC and the tariffs and charges, and any other generally applicable provisions of Geneva Classic Car Club, at any time. The change will be communicated to customers in a suitable form, with a notice period of four weeks, and as of this date will be deemed to have been noted and approved by customers. The currently applicable and binding version of the GTC and all other generally applicable provisions of Geneva Classic Car Club are published under www.genevaclassiccarclub.ch

23 Applicable law, place of jurisdiction

This agreement is subject to Swiss law. The place of jurisdiction is Genève.

24 Data protection clause

All vehicles of Geneva Classic Car Club are fitted with a GPS tracking system. This is intended to protect vehicles from theft, on the one hand, and in addition data such as position, speed and (where appropriate) vehicle conditions is sent to Geneva Classic Car Club and temporarily stored. Such data is used exclusively in the event of theft or a damaging event.

Customer data is used exclusively for and by Geneva Classic Car Club, and is not made available to third parties. Upon termination of membership all customer data apart from the name and rental history is irrevocably deleted.

25 Saving clause

If any provision of this agreement, or any content of an enclosure to this agreement which forms an integral part thereof, is or becomes invalid, the validity of the agreement in other respects is not affected. The contracting parties will replace the invalid provision with a valid provision which approximates as closely as possible to the desired economic purpose of the invalid provision and the originally agreed balance. The same applies in regard to any omissions in the agreement.

 

Genève, 12. December 2019