General Terms and Conditions and Terms of Use

(1) The provider and lessor is MS' Rent GbR, Groffstraße 15, 80638 Munich, represented by its partners Sami Achir and Mohamed Amine Cheboub.

(2) Part A governs the use of the website ms-rent.de. Part B governs the conclusion and performance of rental agreements for self-drive rental vehicles. Part C contains the provisions applicable to both areas.

(3) Part B applies both to contracts initiated via the website and to contracts concluded on site. In the event of a conflict between Part A and Part B, Part B prevails.

(4) Deviating, conflicting or supplementary terms of the renter do not form part of the contract unless the provider expressly agrees to their application in text form.

(1) The website serves to present the vehicle fleet, to provide information on conditions and to initiate rental agreements. By accessing and using the website, the user accepts these terms.

(2) The presentation of vehicles, prices and availability does not constitute a binding offer within the meaning of § 145 BGB (German Civil Code) but an invitation to submit an enquiry. Availability information is non-binding; the provider's confirmation is decisive.

(3) Vehicle images may show optional equipment that is not part of the rental. Information on performance, equipment and consumption is based on manufacturer data.

(1) The user selects a vehicle and a rental period, enters the requested data and submits the enquiry. Before submitting, the user can review all entries on the summary page and correct them using the usual keyboard and mouse functions and the browser's back function.

(2) By submitting, the user makes a binding enquiry. § 8 applies to the conclusion of the contract.

(3) The contract text is stored by the provider and sent to the user together with these terms in text form after the contract is concluded. There is no separate retrieval option via a customer account.

(4) The contract is concluded exclusively in German.

(1) The user may register an e-mail address to be informed once about the availability of an announced vehicle.

(2) After entering the address, the user receives an e-mail with a confirmation link. The address is only stored after this link has been activated.

(3) Consent may be withdrawn at any time, informally and without giving reasons, by e-mail to info@ms-rent.de. The address is then deleted without delay.

(1) All prices are final prices in euros. Details of the deposit, included mileage and ancillary charges are set out in the respective vehicle offer and in Part B.

(2) Time-limited promotional prices are marked as such. There is no entitlement to a promotional price that has already expired.

(1) All content on the website, in particular texts, photographs, graphics, logos and the layout, is protected by copyright or trademark law.

(2) The user may display the content in the course of intended access and save or print it for private purposes. Any further use, in particular reproduction, editing, distribution or making publicly available, requires the provider's prior consent in text form.

(3) Vehicle and brand names of third parties are trademarks of their respective owners and are used solely to describe the rented vehicles.

(4) The following are prohibited: the use of automated processes to systematically extract content, the circumvention of technical protection measures, measures that may impair the functionality of the website or the underlying infrastructure, and the entry of false or third-party personal data into the website's forms.

(1) There is no entitlement to continuous availability of the website. The provider is entitled to temporarily restrict or suspend operation for maintenance, for security reasons or for other objective reasons.

(2) The website may contain links to third-party websites. The provider has no influence over their content and accepts no responsibility for it. The respective operator is always responsible for the content of linked pages.

(1) The rental agreement is only concluded upon express confirmation by the provider in text form or upon signature of the rental agreement form at handover. An automated acknowledgement of receipt does not constitute acceptance.

(2) In the electronic booking process, these terms are incorporated by clearly referring to their application before the enquiry is submitted, by making them available in a form that can be saved and printed, and by the user expressly confirming that they have taken note of them. Where the contract is concluded on site, they are handed to the renter before signature. The provider additionally sends them in text form after the contract is concluded.

(3) Agreements made in the rental agreement form take precedence over these terms.

(1) The renter and every additional driver must be at least 18 years of age and have held a valid category B driving licence for at least 0.2 years. The lessor may require a higher minimum age and a longer minimum period of licence possession for individual vehicles; the driver requirements stated in the vehicle offer are decisive.

(2) The vehicle may only be driven by the renter and by additional drivers named in the rental agreement. The registration of an additional driver requires their personal attendance and presentation of their driving licence.

(3) At handover, a valid driving licence of the required category recognised in Germany and an official photo ID must be presented in the original. The lessor checks the documents, compares them with the person and is entitled to copy or digitally record them for evidential purposes. Foreign driving licences must, where required, be presented with an international driving permit or a certified translation. The lessor is entitled to refuse handover if these requirements are not met or if there are reasonable doubts about the authenticity of the documents.

(4) The renter warrants that neither they nor any additional driver has had their driving licence withdrawn or provisionally withdrawn, that no driving ban has been imposed and that no such proceedings are pending. Loss of the driving licence during the rental period must be reported without delay; use must cease immediately.

(5) The renter is liable for the conduct of additional drivers and of any other persons to whom they hand over the vehicle in breach of duty as for their own conduct.

(1) The rental period is fixed in the rental agreement; no notice of termination is required to end it.

(2) An extension requires the lessor's prior consent in text form and must be requested no later than twenty-four hours before the end of the rental period. There is no entitlement to an extension.

(3) If the renter fails to return the vehicle on time, they owe the fee agreed in the rental agreement for each commenced hour of overrun, up to the daily maximum agreed therein. Further claims, in particular for compensation for damage caused by default, remain unaffected; the hourly fee is credited. The renter remains free to prove that no damage or substantially less damage has occurred.

(4) If the vehicle is not returned more than twenty-four hours after the end of the rental period and the renter does not respond to contact attempts, the lessor is entitled to have the vehicle recovered and to file a criminal complaint.

(1) The rental price must be paid in full before the vehicle is handed over.

(2) The included mileage per rental day and the charge for additional kilometres are set out in the rental agreement.

(3) The vehicle is handed over with a full tank and must be returned with a full tank. Otherwise the lessor charges the missing fuel at the local daily price plus a refuelling fee of EUR 60.00. Only the fuel of the prescribed octane rating specified on the fuel filler flap and in the operating manual may be used; damage caused by misfuelling is borne by the renter without limitation of liability.

(4) The vehicle must be returned in the documented state of cleanliness. For soiling beyond this, the lessor charges EUR 200; for smoking in the vehicle or soiling by animals, EUR 500. In each case the renter remains free to prove that no damage or substantially less damage has occurred.

(5) The deposit must be paid before handover, either in cash or by bank transfer credited no later than forty-eight hours before the start of the rental. No handover takes place without full receipt. It secures all claims of the lessor under this contract, in particular for rent, additional kilometres, refuelling, cleaning, excess, loss of use, diminished value, flat fees and damages. The lessor may set off these claims against the repayment claim.

(6) The deposit is settled within 1 working day(s) after return and, insofar as not used, repaid. If damage is established on return whose amount has not yet been quantified, the lessor may retain the deposit until clarification, for a maximum of 4 weeks. No interest is paid.

(7) In the event of late payment, the renter owes default interest at the statutory rate; further claims for damage caused by default remain unaffected.

(1) The following are prohibited:

a) participation in motorsport events of any kind, in races, time trials, rallies, drag races and in prohibited motor vehicle races within the meaning of § 315d StGB (German Criminal Code), in each case including the associated practice, training and preparation drives;

b) driving on race tracks, motordromes, airfields, test tracks and comparable areas not dedicated to public traffic, including as part of track days, driver safety or driver training courses, tourist drives and outings organised by closed organisers;

c) use for vehicle tests, trial or measurement drives and for film, photo, stunt or advertising shoots without the lessor's prior consent in text form;

d) sub-letting or re-letting, handing over to unregistered drivers, use for the paid carriage of passengers, in particular in the context of hire car, taxi or ride-hailing services, and any commercial use not expressly agreed;

e) the carriage of explosive, highly flammable, toxic, radioactive or otherwise dangerous substances, use for committing criminal or administrative offences or customs violations, and the carriage of objects that may damage or soil the vehicle;

f) towing other vehicles, trailer operation, overloading and any off-road use or use on roads unsuitable for the vehicle;

g) any intervention in the vehicle technology, in particular modifications to the engine management, software, exhaust, chassis or brake system, and the application of wraps, stickers, add-on parts or fittings;

h) driving the vehicle under the influence of alcohol, narcotics, medication or other substances impairing the ability to drive, regardless of whether a criminal or administrative offence has been committed; an absolute ban on alcohol applies to the renter and every additional driver;

i) smoking in the vehicle and the carriage of animals without the lessor's prior consent in text form.

(2) Journeys abroad are only permitted with the lessor's prior written approval. Approval must be requested in good time before departure; it may be limited to certain countries and periods and made subject to conditions. Without approval, any journey across the federal border is prohibited.

(3) The renter must treat the vehicle with care and in a proper manner and observe the manufacturer's instructions, in particular regarding the engine warm-up phase before calling up higher engine speeds and loads, and regarding operating fluids, tyre pressure, oil level and warning notices. If a warning or indicator light comes on, the journey must be interrupted without delay at a suitable location and the lessor must be informed.

(4) The vehicle must be secured against unauthorised use when left. Vehicle keys and vehicle documents must not be kept in the vehicle or made accessible to third parties.

(1) The vehicle is covered by motor third-party liability insurance with a cover sum of EUR 100,000,000 and by fully comprehensive insurance in accordance with the insurance conditions AKB dated 1 July 2026, the essential content of which is made available to the renter on request.

(2) The renter is released from liability for damage to the rental vehicle in accordance with the principles of fully comprehensive insurance, subject to the excess per claim agreed in the rental agreement. The release from liability is conditional on the renter fulfilling the obligations under § 14 and on the insurer settling the claim on its merits. It does not extend beyond the insurance cover actually in place.

(3) The release from liability does not cover, and the renter must compensate in full, damage that

a) is caused intentionally;

b) arises from a breach of § 12, insofar as the breach was causal for the occurrence or the extent of the damage;

c) arises from misfuelling, operating errors contrary to express manufacturer instructions, or continued driving despite a recognisable defect or an illuminated warning light;

d) occurs to tyres, rims, brakes, clutch and underbody, insofar as it is not the result of an insured accident event;

e) arises from loss of the vehicle keys or vehicle documents or from their keeping in breach of duty.

(4) If the renter causes the damage through gross negligence, the lessor may reduce the release from liability in proportion to the severity of the fault. The standard is § 81 (2) VVG (German Insurance Contract Act).

(5) If the renter breaches any of the obligations set out in § 12 and § 14, the release from liability lapses entirely in the case of intentional breach and, in the case of grossly negligent breach, in proportion to the severity of the fault. It remains in place insofar as the renter proves that the breach of obligation was causal neither for the occurrence or the establishment of the damage nor for the establishment or the extent of the obligation to perform; this does not apply in the case of fraudulent breach of obligation. The standard corresponds to § 28 (2) and (3) VVG.

(6) The excess must also be borne if the damage was caused by a third party, for as long as and insofar as reimbursement by the third party or their insurer has not taken place. It is repaid after reimbursement.

(7) Insurance cover extends territorially to the agreed area of application. For approved journeys abroad, the communicated restrictions must be observed. In the case of an unapproved journey abroad, the release from liability lapses entirely.

(1) The renter must report every accident, damage, fire, theft, damage caused by wildlife and any damage caused by third parties to the lessor without delay, at the latest within two hours of becoming aware of it.

(2) In the event of every accident and every instance of damage, the police must be called and their arrival awaited. This also applies to minor accidents, single-vehicle accidents and damage not involving third parties. If the renter fails to comply with this obligation, the release from liability lapses in accordance with § 13 (5).

(3) The renter must document the accident scene and the damage photographically, record the names and addresses of those involved and of witnesses as well as the registration numbers of the vehicles involved, and send the lessor a fully completed damage report in text form without delay.

(4) The renter must not make any acknowledgement of guilt, accept any liability, or settle, assign or compromise any claims of the lessor against third parties or their insurers. Claims for damage to the vehicle belong solely to the lessor.

(5) In the event of theft or misappropriation, the renter must additionally file a criminal complaint without delay and hand over to the lessor all vehicle keys and the original confirmation of the complaint.

(6) After a damage event, the vehicle may only continue to be driven if road safety is beyond doubt and the lessor has given consent.

(1) The nature, scope and execution of repairs are determined solely by the lessor; the choice of workshop rests exclusively with the lessor. The renter is not entitled to commission repairs, obtain cost estimates or grant approvals.

(2) Repairs up to EUR 50.00 that cannot be postponed in order to maintain operational or road safety during the rental period may be carried out by the renter at an authorised manufacturer workshop after obtaining the lessor's prior consent in text form. The lessor bears the costs insofar as the renter is not responsible for the damage; receipts must be submitted in the original.

(3) The lessor may prove the amount of the damage by means of an expert report obtained by the lessor or by the repair invoice. The renter remains free to prove that the damage is lower.

(4) For the duration of the downtime caused by damage, the renter owes, insofar as they are responsible for the damage, compensation for loss of use in the amount of the agreed daily rental price less saved expenses, at a flat rate of 100 percent of the daily rental price per calendar day, for no longer than the repair or replacement period required according to the expert report or repair invoice plus a reasonable processing time of no more than 7 days. The renter remains free to prove that no damage or substantially less damage has occurred.

(5) Accident-related diminished value must be compensated insofar as the renter is responsible for the damage. It is determined by an expert report.

(6) For handling a damage claim, the lessor charges an administrative fee of EUR 700. The renter remains free to prove that no costs or substantially lower costs have been incurred.

(1) The vehicles are fitted with a satellite-based tracking system. The renter is expressly informed of this before the contract is concluded.

(2) The lessor processes location data to protect its property and to perform the rental agreement, in particular to recover the vehicle in the event of suspected theft, misappropriation or loss, in the event of late return, in the event of suspected use in breach of contract, in particular an unapproved journey abroad, and to locate the vehicle in the event of damage or breakdown. The legal bases are Art. 6 (1) (b) and (f) GDPR.

(3) Evaluation takes place on a case-by-case basis in the situations referred to in paragraph 2. No evaluation for the purpose of monitoring conduct or performance takes place.

(4) Location data are stored for fourteen days and then deleted, unless they remain necessary to establish, exercise or defend legal claims.

(5) The renter must not remove, cover, manipulate or impair the function of the tracking system.

(1) At handover and return, a record is drawn up documenting the condition, mileage, fuel level, accessories and any pre-existing damage. The condition is additionally documented by photographs, which form part of the record.

(2) The renter is obliged to participate in the return inspection. If the renter returns the vehicle without participating, in particular by parking it and dropping the key, the lessor is entitled to establish and document the condition alone. The lessor informs the renter of the result without delay in text form; the renter may object within seven days.

(3) Damage not noted in the handover record and established on return is presumed to have occurred during the rental period. The renter remains free to prove that it was already present or is not attributable to them.

(4) Return takes place at the agreed location during the lessor's business hours. Until proper return to the lessor, the renter bears responsibility for the vehicle.

(1) The renter bears all costs and consequences of breaches of road traffic and other regulations incurred during the rental period, in particular warning fines and penalty notices, criminal fines, towing, storage and parking charges as well as toll and zone charges, and indemnifies the lessor against third-party claims to that extent.

(2) The lessor is entitled and obliged to disclose the data of the renter or of the registered driver to the authorities on request.

(3) For handling an official enquiry, the lessor charges a processing fee of EUR 50.00 plus VAT per case, which does not exceed the average processing effort. The renter remains free to prove that no costs or substantially lower costs have been incurred.

(1) The renter may withdraw from the contract in text form up to the start of the rental period.

(2) On withdrawal, the renter owes compensation of 30 percent of the agreed rental price for withdrawal up to 48 hours before the start of the rental, and 80 percent for later withdrawal or no-show. The renter remains free to prove that the lessor has suffered no damage or substantially less damage.

(1) The lessor may terminate without notice if the renter defaults on a payment due, breaches § 12, has provided incorrect information about their person, their driving licence or the intended use, hands the vehicle over to an unauthorised driver, manipulates the tracking system, or if insolvency proceedings are applied for in respect of their assets.

(2) In the event of termination, the vehicle must be returned without delay to the lessor's registered office. The lessor is entitled to have the vehicle collected and returned at the renter's expense; the renter gives their consent to this.

(1) Consumers generally have a right of withdrawal in the case of distance contracts and contracts concluded off-premises.

(2) Under § 312g (2) no. 9 BGB, there is no right of withdrawal for contracts for services in connection with the rental of motor vehicles if the contract provides for a specific date or period for performance. As the lessor's rental agreements provide for a fixed rental period, there is no right of withdrawal.

(3) Insofar as a right of withdrawal exists in an individual case, the separately provided withdrawal notice and model withdrawal form apply.

(1) The provider is liable without limitation for damage arising from injury to life, body or health resulting from a negligent or intentional breach of duty by the provider, its legal representatives or vicarious agents, and for other damage arising from an intentional or grossly negligent breach of duty.

(2) In the event of a slightly negligent breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely, liability is limited to the typical, foreseeable damage. Otherwise, liability is excluded.

(3) Strict liability for initial defects under § 536a (1) alt. 1 BGB is excluded.

(4) Beyond paragraphs 1 and 2, no warranty is given for the accuracy, completeness and currency of the information provided on the website or for items left in the vehicle.

(1) The contractual partner may only set off undisputed or legally established counterclaims. A right of retention exists only in respect of counterclaims arising from the same contractual relationship.

(2) The assignment of claims against the provider requires the provider's consent in text form.

Information on the processing of personal data is contained in the privacy policy at ms-rent.de/datenschutz.

The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

The provider may amend these terms with effect for the future. For rental agreements already concluded, the version applicable at the time of conclusion applies.

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident abroad, mandatory consumer protection provisions of the state of residence remain unaffected.

(2) If the contractual partner is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is the provider's registered office. The same applies if the contractual partner has no general place of jurisdiction in Germany or moves their residence abroad after the contract is concluded.

(3) Amendments and additions require text form. Individual agreements take precedence.

(4) The invalidity of individual provisions does not affect the validity of the remainder.