Terms and Conditions

General Terms and Conditions (GTC) – Orcar Rental (Orcar
rental e.U. / Orcar rental GmbH)

Version: 09.10.2025

Orcar rental e.U. · contracting party unless otherwise stated in confirmation & invoice
Address: Concorde Business Park 1/B6/107, 2320 Schwechat, Österreich
Orcar rental GmbH · affiliated company / payment processing & future contracting party
Address: Concorde Business Park 1/B6/107, 2320 Schwechat, Österreich
Company Register No. (FN): 649039w · Register Court: Landesgericht Korneuburg
Contact (for both): office@orcarrental.at · +43 676 9017171 · www.orcarrental.at

§ 0 – Scope & Affiliated Companies

These GTC apply to rental contracts under the brand “Orcar Rental” concluded by either Orcar
rental e.U. or Orcar rental GmbH.
The contracting party is the entity explicitly named in the booking confirmation and invoice (e.U.
or GmbH).
Payment processing (esp. card/terminal payments) may be carried out by the other entity
without changing the contracting party. Receipts may therefore show the merchant descriptor
“Orcar rental GmbH” or “Orcar rental e.U.”
Payments to the entity shown on the receipt or its payment service provider discharge the
customer’s obligations towards the contracting party stated in the booking confirmation.
The contracting party may assign claims from the rental contract to the affiliated company for
collection and/or appoint it as an authorised collection agent. Invoicing remains with the
contracting party.

§ 1 – Scope, Parties

These GTC govern the rental of motor vehicles (“vehicle”) by the lessor to consumers and
businesses (“customer”).
Deviations require written form. Mandatory consumer rights remain unaffected.

§ 2 – Rental Requirements (ID)

Minimum age/licence requirements depend on offer/booking.
At handover, the customer must present a valid original driving licence and a second
identification (official photo ID or a credit/debit card in the customer’s name).
Additional drivers must be registered before driving and meet the same requirements.

§ 3 – Booking, Conclusion, Withdrawal

The contract is concluded upon the lessor’s booking confirmation.
No statutory 14‑day withdrawal right for car rentals with a fixed period (legal exception).
Rebooking/cancellations per published tariffs/deadlines.

§ 4 – Term, Handover & Return

Rental start/end per confirmation.
Late return: after a 60‑minute grace period, additional rental time is charged per tariff; a new
rental day starts with the next 24‑hour period.
Handover/return record documents condition, fuel, accessories, mileage; deviations must be
reported immediately.
Return in an equivalent condition (normal wear & tear excepted) with all accessories.
Excessive soiling will be charged as per Annex 1.

§ 5 – Use, Prohibitions, Cross‑border Travel

Permitted use only; prohibited inter alia: motorsport, off‑road, driving school, commercial
passenger transport (unless expressly permitted), towing without consent, improper loading.
No smoking: smoking is prohibited in all vehicles; violation → special cleaning as per Annex 1.
Pets: only with prior consent and in proper carrier/cover; resulting cleaning/damages at
customer’s expense (Annex 1).
Cross‑border travel:
– Neighbouring countries (DE, CZ, SK, HU, SI, IT, CH, LI): free of charge if notified in advance (at
the latest on handover).
– Late notification of trips to neighbouring countries: processing fee EUR 75 incl. VAT.
– Other countries: only with prior personal approval; additional fees/deposits may apply (written
confirmation required before travel).

§ 6 – Mileage, Fuel, Accessories

Mileage allowance and excess‑km rate per tariff/contract.
Fuel: “full to full”. Missing refuelling: fuel at daily price + service fee (Annex 1).
Missing/defective accessories charged at replacement value plus handling (Annex 1).

§ 7 – Prices, Deposit, Payment & Card‑on‑File

Prices include VAT where applicable and agreed services.
Deposit/Pre‑authorisation via credit/debit card may be required at handover.
The customer authorises the contracting party to charge due amounts (e.g., excess‑km, fuel,
cleaning, fees, fines, handling per Annex 1) to the stored payment method (card‑on‑file).
Payment processing may be executed by the other entity (e.U. ↔ GmbH). Card charges by Orcar
rental GmbH or Orcar rental e.U. are made on behalf of and for account of the contracting party
and discharge the customer.
Default: statutory default interest; dunning/collection costs per Annex 1.

§ 8 – Insurance & Customer Liability

Where agreed, liability limitation applies per tariff.
“Premium Insurance” (if booked): covers exterior damage typically caused by external events
(e.g., collision, parking damage, vandalism, wildlife; glass, mirrors, rims/tyres), subject to policy
terms and excluding intent/gross negligence/alcohol/drugs/unauthorised use. Excluded: interior
damage due to improper use (e.g., burns, cuts, pet/soiling damage), misfuelling, key loss,
underbody/roof‑rack damage unless expressly agreed.
Breaches of obligations (e.g., late reporting, driving without required licence) may void cover; the
customer bears resulting costs.

§ 9 – Accidents, Damage, Theft – Documentation

Report immediately: all incidents to the lessor; with third parties also to the police (file/record
no.).
Mandatory evidence: photos (overview/detail/environment), European Accident Report, police file
no.
Missing documentation: culpable omissions may cause evidentiary disadvantages, reduced
insurance benefits and extra costs; a handling fee per Annex 1 applies (proof of lesser damage
allowed).

§ 10 – Offences, Tolls & Driver Data Disclosure

Traffic/parking fines, substitute tolls, toll/vignette violations during the rental period are borne by
the customer.
The lessor provides driver identity and may disclose driver/customer data to authorities and
entitled third parties (e.g., parking/toll operators, injured parties/insurers) where required to
enforce/defend claims or fulfil legal duties.
A handling fee of EUR 36 incl. VAT applies per case (plus original amounts/third‑party fees).

§ 11 – Telematics/GPS & Data Protection

Vehicles may be equipped with telematics/GPS (anti‑theft, maintenance, contract enforcement).
Processing based on legitimate interests; details in the privacy notice.
For contract performance and payment processing, necessary data are exchanged between
Orcar rental e.U. and Orcar rental GmbH (Art. 6(1)(b)/(f) GDPR).

§ 12 – Early Termination, Surrender, Retention

In case of material breaches (e.g., payment default, misuse, unauthorised cross‑border travel)
the lessor may terminate and demand immediate surrender.
No right of retention in the vehicle.

§ 13 – Lessor’s Liability

Liability for damages in cases of intent and gross negligence; for slight negligence only for
personal injury.
No liability for indirect loss/loss of profit and items left in the vehicle where legally permissible.

§ 14 – Winter Tyres/Chains & Vignette/Toll (Austria)

The customer must comply with the situational winter equipment duty (incl. § 102(8) KFG) and
use winter tyres/chains where required; penalties/damages are borne by the customer.
Vehicles may have a digital vignette. Route toll sections (e.g., A13 Brenner, A10
Tauern/Katschberg, S16 Arlberg) are not included and must be paid by the customer on site.

§ 15 – Fair Wear & Tear (Short Definition)

Normal wear & tear: light, polishable micro‑scratches; single minor stone chips without paint
breakthrough; minor tyre/brake wear in normal range; light dirt removable by vacuum/wipe.
Not wear & tear: dents; paint damage with breakthrough; cracks on glass/mirrors; burnt/heavily
soiled interior; pet/odour damage; curb damage on rims.

§ 16 – Governing Law, Jurisdiction, ODR

Austrian law applies (excluding conflict rules/CISG).
Jurisdiction: for businesses, the lessor’s seat; for consumers, the statutory venue.
ODR platform: europa.eu/consumers/odr. No obligation to participate in ADR.

§ 17 – Final Provisions

Amendments require written form.
Severability: statutory rule applies in place of invalid provisions.
Annex 1 – Fixed Fees & Charges
Amounts incl. VAT unless stated otherwise. The version published at contract start applies.
• Handling fee per administrative case/driver identification: EUR 36
• No‑smoking special cleaning/ozone: EUR 220
• Excessive interior soiling (non‑biological): EUR 120
• Biological contamination (e.g., vomit, blood, pet urine): EUR 250
• Missing refuelling: fuel at daily price + service fee EUR 24
• Key loss/damage (incl. programming): replacement cost + EUR 30 handling
• Loss of registration/insurance docs/triangle/vest: replacement cost + EUR 15 handling
• Missing/defective accessories (e.g., child seat, charging cable): replacement cost + EUR 15
handling
• Excess kilometres: per tariff/contract (net plus VAT)
• Dunning fees after due date: 1st reminder EUR 12 / 2nd reminder EUR 24
• Handling fee for breach of obligations in claims handling (missing photos/accident/police
report): EUR 60
• Vehicle recovery/return in case of contract breach: actual third‑party costs + EUR 30
handling
• Late notification of trips to neighbouring countries: EUR 75
• Additional fees for other countries: as per prior written approval