2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
The Federal Court of Justice cuts an additional clause in car rental contracts. In certain cases, the tenant is not permitted to share the costs of accidents.
The renter of a car is not obliged to report an accident to the lessor immediately. This emerges from a ruling by the Federal Court of Justice in Karlsruhe, which is reported in the Cologne journal “BGH Report” (issue 7/2008). In this case, the tenant neither had to participate in the settlement of the damage nor pay a contractual penalty (Ref.: XII ZR 213/05).
Informing the police is sufficient
The court dismissed a car rental company's payment claim. In the lease it was agreed that the customer would have to contribute to the costs of an accident if he did not notify the landlord immediately in addition to the police. At least a contractual penalty of up to 850 euros should be due. In the event of an accident, a tenant had only informed the police. In the opinion of the federal judges, that was enough. Because it is not clear for what purpose the immediate information of the landlord is necessary in these cases. Because the police are doing the necessary investigations anyway. (dpa / gms)
