Section 1 General, scope of application

(1) These General Terms and Conditions of Business form the exclusive basis for all legal relationships established between Citkar GmbH, Pyramidenring 12, 12681 Berlin, Germany, (hereinafter: “Citkar”) and its customers. Citkar shall not accept any conditions of the customer which conflict Weith or deviate from these unless Citkar expressly agrees to their validity in writing. These General Terms and Conditions of Business shall also apply if, in full knowledge of  any conflicting or deviating conditions of the customer, Citkar renders any performance to the customer without reservation of rights.

(2) As defined by these terms and conditions of business, customers are exclusively entrepreneurs pursuant to 310/1 BGB (German Civil Code).

(3) The General Terms and Conditions of Business shall apply in the version valid at the time the contract is concluded.

Section 2 Offer, offer documents

(1) If, pursuant to Section 145 BGB (German Civil Code), the customer’s order qualifies as an offer, Citkar may accept it within two weeks in the form of a written order confirmation.

(2) Citkar reserves all property rights and copyrights to illustrations, drawings, calculations and other documentation. This also applies to such written documentation designated as “confidential”. The customer must obtain the express written consent of Citkar prior to disclosing these to any third parties.

Section 3 Prices, terms of payment

(1) Unless otherwise stated in the order confirmation, Citkar’s prices are “ex-factory” and do not include any packaging; this shall be invoiced separately.

(2) Citkar’s prices do not include any statutory value added tax; this shall be listed as a separate item on the invoice at the statutory rate on the day of invoicing.

(3) Any deductions for discounts shall require a separate written agreement.

(4) Unless otherwise stated in the order confirmation, the net purchase price (without any deduction) shall be due for payment within 30 days from the date of invoice. In the event of payment default, the statutory regulations on the consequences of payment default shall apply.

(5) The customer shall only have the right to offset any rights if its counterclaims have been legally established, undisputed, or recognised by Citkar. The customer shall only have the right to exercise a right of retention if its counterclaim is based on the same contractual relationship.

Section 4 Delivery times

(1) The start of the delivery period stated by Citkar shall be subject to prior clarification of all technical issues.

(2) Compliance with Citkar’s delivery obligation shall further be subject to the timely and proper fulfilment of the customer’s obligation. Citkar shall reserve the right to object to any unfulfilled contracts.

(3) If the customer is in default of acceptance or culpably violates other duties to cooperate, Citkar shall have the right to demand compensation for any damage incurred in this respect, including any additional expenses. The right to assert any further claims remains reserved.

(4) To the extent that the requirements as stated in point (3) have been met, the customer shall be responsible for any risk of accidental loss or any accidental deterioration of the sales object from the time at which the customer is in default of acceptance or has debt obligations.

(5) Insofar that the respective purchase contract is defined by Section 286/2 or 4 BGB (German Civil Code) or Section 376 HGB (German Commercial Code) as a fixed date transaction, Citkar shall be liable in accordance with statutory provisions. Citkar shall also be liable in accordance with statutory provisions if, because of a delay in delivery for which Citkar is responsible, the customer is entitled to claim that it is no longer interested in the further performance of the contract.

(6) Furthermore, in accordance with the statutory provisions, Citkar shall be liable for any delay in delivery due to an intentional or grossly negligent breach of contract for which Citkar is responsible; any fault caused by its representatives or vicarious agents shall be attributable to Citkar. If the delay in delivery is due to a grossly negligent breach of contract for which it is responsible. Citkar’s liability for damages is limited to any damage that is foreseeable or which may typically occur.

(7) If, due to any culpable breach of an essential contractual obligation, Citkar is responsible for the delay in delivery, Citkar shall also liable according to statutory provisions; in such case, however, Citkar’s liability for damages is limited to any damage that is foreseeable or which may typically occur.

(8) Any further legal claims and rights of the customer shall remain reserved.

Section 5 Transfer of risk, packaging costs

(1) Unless otherwise stated in the order confirmation, delivery shall be “ex-factory”.

(2) Separate agreements shall be made to return any packaging to Citkar.

(3) Upon customer request, Citkar shall insure the transport for the delivery; the customer shall bear any costs incurred in this respect.

Section 6 Liability for defects

(1) In accordance with Section 377 HGB (German Commercial Code), customer claims asserted for defects shall be made on the provision that  the customer has duly satisfied the obligations to examine the goods and provide notification of any defects.

(2) If there is a defect in the sales object, the customer shall have the right at its discretion to request the defect be rectified or to request the delivery of a new item free of any defect. Should the defect be rectified, or a replacement delivered, Citkar shall be obliged to bear all expenses necessary for this subsequent performance, in particular for transport, travel, labour and material costs, insofar as these do not increased due to the sales object being delivered to a place other than the place of performance.

(3) In the event that the rectification fails, the customer shall at its discretion have the right to withdraw from the contract or to demand a reduction.

(4) If the customer asserts any claims for damages based on intent or gross negligence, including intent or gross negligence on the part of Citkar’s representatives or vicarious agents, Citkar shall be liable in accordance with statutory provisions. Insofar as Citkar is not accused of any intentional breach of contract, liability for damages shall be limited to damage that is foreseeable or which may typically occur.

(5) If Citkar culpably breaches any essential contractual obligation, it shall be liable in accordance with statutory provisions. Here too, the liability for damages is limited to any damage that is foreseeable or which may typically occur.

(6) If, due to a negligent breach of duty, the customer has the right to damage compensation instead of any subsequent performance, Citkar’s liability shall be limited to compensation for damage that is foreseeable or which may typically occur.

(7) Liability for culpable injury to life, body or health shall remain unaffected; this also applies to mandatory liability in accordance with the Product Liability Act.

(8) Unless otherwise stipulated above, liability is excluded.

(9) The limitation period for warranty claims is 24 months, calculated from the transfer of risk.

(10) The limitation period in the case of a delivery recourse according to Sections 478, 479 BGB (German Civil Code) shall remain unaffected; calculated from the delivery of the defective item, it shall constitute five years.

Section 7 Joint liability

(1) Any further liability for damages than provided for in Section 6 shall be excluded, irrespective of the legal nature of the asserted claim. Pursuant to Section 823 BGB (German Civil Code), this shall apply in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for damaged property.

(2) The limitation as set forth in point (1) shall also apply insofar as the customer demands compensation for useless expenses instead of a claim for damage compensation.

(3) Insofar as the liability for damages towards Citkar is excluded or limited, this shall also apply with regard to the personal liability for damages of Citkar’s employees, representatives and vicarious agents.

Section 8 Retention of title

(1) Citkar shall retain the title of the sales object until all payments from the delivery contract have been received.  In the event that the customer behaves in such a way that is contrary to the contract, in particular in the event of payment default, Citkar shall have the right to repossess the sales object. If Citkar repossesses the sales object, this shall constitute a withdrawal from the contract. After the sales object has been repossessed, Citkar shall have the right to resell it; the revenue from this sale shall be used to reduce the customer’s debts – minus any appropriate utilisation costs.

(2) The customer shall be obliged to treat the sales object with care; in particular, the customer, at its own expense, shall be obliged to sufficiently insure it at replacement value against fire damage, water damage and theft. If any maintenance and inspection work is required, the customer must carry this out in good time at his own expense.

(3) In the event of seizures or other interventions by third parties, the customer must notify Citkar in writing without delay to enable Citkar can bring legal action in accordance with Section 771 ZPO (German Code of Civil Procedure). Insofar as the third party, pursuant to Section 771 ZPO (German Code of Civil Procedure), is not in a position to reimburse Citkar for the judicial and extrajudicial costs of legal action, the customer shall be liable for any losses incurred by Citkar.

(4) The customer shall have the right to resell the sales object in the ordinary course of business; in such case, it shall, however, assign to Citkar all claims in the amount of the final invoice (including VAT) it owes to accruing to it against its customers or third parties from the resale, irrespective of whether the sales object has been resold without, or after having undergone, processing. Even after the assignment, the customer shall be authorised to collect this claim. This does not affect Citkar’s authority to collect the claim itself. Citkar, however, shall undertake not to collect the claim as long as the customer meets its payment obligations from the revenue collected, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed or payments have not been suspended. Should this be the case, however, Citkar may demand that the customer informs Citkar of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

(5) The processing or transformation of the sales object by the customer is always carried out on behalf of Citkar. If the sales object e is processed with other objects that do not belong to Citkar, Citkar shall acquire co-ownership of the new object in the ratio of the sales object’s value (final invoice amount, including VAT) to the other processed objects at the time of processing. In all other respects, the same shall apply to the object created by processing as to the sales object delivered under reservation.

(6) If the sales object is processed with other objects that do not belong to Citkar, Citkar shall acquire co-ownership of the new object in the ratio of the sale object’s value (final invoice amount, including VAT) to the other processed objects at the time of processing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it is deemed agreed that the customer shall transfer co-ownership to Citkar on a pro rata basis. The customer shall then retain the sole or co-ownership of the resulting item on behalf of Citkar.

(7) Citkar shall undertake to release the securities to which it is entitled at the customer’s request insofar as the realisable value of Citkar’s securities exceeds the claims to be secured by more than 10 %; the choice of the securities to be released is incumbent on Citkar.

Section 9 Place of jurisdiction, place of performance

(1) Citkar’s registered office is the place of jurisdiction. Citkar shall also have the right to sue the customer at the court of its place of residence.

(2) The law of the Federal Republic of Germany shall apply.

(3) Unless otherwise stated in the order confirmation, the place of performance shall be Citkar’s business location.

§ 1 General | Scope of Application

  • These Citkar Rental Terms (“CMB”) apply between you as a consumer within the meaning of § 13 BGB (German Civil Code) and Citkar GmbH, Pyramidenring 12, 12681 Berlin (“we” or “us”). They govern the rental of a Citkar provided to you by us.
  • These CMB are part of the contract concluded between you and us (“Rental”) and apply exclusively. Deviating, conflicting or supplementary terms and conditions shall only become part of the contract if we have agreed to them in writing.
  • Legally relevant declarations and notifications that you wish to make to us after conclusion of the contract (e.g. setting of deadlines, reminders, declaration of withdrawal) must at least be made in text form in order to be effective, unless otherwise expressly stipulated in these CMB.

§ 2 Subject Matter of the Contract | Conclusion of the Lease

  • We will provide you with a Citkar during the term of your rental. Details about your rental and the Citkar will be agreed upon during the ordering process.
  • Each Citkar is equipped with a telematics box. This counts the kilometers driven for billing purposes.
  • By completing the order process, you make a binding offer to us to conclude a rental agreement. If you receive a confirmation of your order from us by e-mail after completion of the order process, this order confirmation simultaneously represents our acceptance of your offer to conclude a rental agreement. Subsequently, we will agree with you on the time and place of delivery of the Citkar.
  • A digital verification process of the correct identification document may be part of the order process upon delivery. The product will not be delivered if the renter cannot hand over the correct identification documents. Citkar will contact the police if the verification of the identification documents shows that there is a possibility of fraud.

§ 3 Provision of the Citkar | Advertising

  • We will provide you with a Citkar during the term of your rental. Details about the provision of the Citkar will be agreed upon during the ordering process.
  • Du hast keinen Anspruch auf ein bestimmtes Citkar aus der von dir gewählten Kategorie.You are not entitled to a specific Citkar from the category you have chosen.
  • The Citkar and all items given to you in connection with the Citkar (e.g. keys and battery) remain our property or the property of our partner companies at all times.
  • We shall be entitled to inspect the Citkar at any time after prior notice, to replace it in whole or in part and to carry out maintenance and repair work on the Citkar.
  • We reserve the right to add advertising to the Citkar at any time at our discretion. If any advertising attached to or printed on the Citkar is damaged, removed, illegible or otherwise no longer visible, you are required to notify us immediately.

§ 4 Rules of Use

  • When using Citkar, there are certain rules that you must follow at all times:
  • The use of the Citkar is your sole responsibility.
  • You are required to familiarise yourself with the operation of the Citkar before using it.
  • Before each use, you must check the Citkar for road safety, functionality and any defects. In particular, you must check the tire pressure, the functional capability of the lighting system, the battery, the computer and the braking system. If a defect is present at the beginning of your use of the Citkar or if a defect occurs during use, you must refrain from using the Citkar or terminate it.
  • The Citkar is intended exclusively for your personal use. You may therefore not give the Citkar to third parties, allow third parties to use the Citkar in any other way, or sell, lend, sublet, pledge or otherwise encumber the Citkar with securities or rights of third parties.
  • The Citkar is a high-value item. Therefore, you must not damage or destroy the Citkar and you must not carry out any conversions, painting or other changes to the Citkar, its battery or the computer including the software. Excepted from this is the foiling of the superstructure, should a superstructure be selected.
  • You may use the Citkar only in a generally customary manner, avoiding unusual use and only on paved paths and roads.
  • You are required to use and maintain the Citkar and its battery and computer, including the software (if any), in accordance with the instructions for use provided by us.
  • You may not use the Citkar while under the influence of drugs, medication or alcohol.
  • You may only use the superstructure or superstructures of the Citkar properly and for their intended purpose, in particular you may not transport any persons on them.

Pushing, parking and storing the Citkar shall also be considered as use of the Citkar according to these CMB.

  • When using the Citkar, you are obligated to always fully comply with all applicable legal regulations, in particular all road traffic regulations (e.g. the StVO). You must also always ensure that when using the Citkar (i) traffic safety is not impaired, (ii) other road users and pedestrians are not endangered, damaged or obstructed, and (iii) the Citkar, other vehicles or other property of third parties as well as other rights of third parties are not impaired, damaged or endangered.

§ 5 Exchange

  • Subject to this Section 5, you are entitled to “Exchange” free of charge if you have chosen the Mobility Warranty or Insurance. By exchange we mean:
  • the free repair of defects of the Citkar and/or
  • the replacement of the Citkar free of charge.

We shall determine the type and scope of an exchange at our reasonable discretion.

  • During the term of your rental, you can request an unlimited number of exchanges, but there must be a reason for the exchange, such as damage. There are no additional costs for the replacement if you have chosen the mobility guarantee or insurance. If you have not chosen this, we will charge you all the costs for the replacement.
  • You can request an exchange by phone or e-mail. We will arrange the place and time of the exchange with you individually.
  • We will make every effort to make an exchange within 48 hours of receiving your request. However, if we do not meet this target time, you will not be entitled to any compensation or other claims.
  • When we replace the Citkar, you are obliged to return the existing Citkar including the key and battery (if any) to us. Furthermore, you are obliged to set the PIN to 0000.
  • In the event of theft or loss of the Citkar, you are only entitled to a replacement if you are not responsible for the theft or loss. Clause 9 applies.
  • In the event that you submit an exchange request without being entitled to an exchange, we reserve the right to charge you a fee of EUR 400 per incident. This also applies in the event that you do not show up for an agreed exchange appointment.
  • If you fail to notify us of a defect in the Citkar or fail to notify us immediately, you are obligated to compensate us for any resulting damage. This includes all additional costs incurred by us in remedying the damage as well as claims for compensation by third parties which would have been avoided if the defect had been reported in good time.

§ 6 Rent | Fees | Due Date | Terms of Payment

  • For the provision of the Citkar you owe us the monthly rent (“Rent”) agreed with us during the ordering process.

The rent is due at the beginning of each calendar month in advance for the entire calendar month. If your rent begins or ends within a calendar month, the rent for such a month will be charged to you on a pro rata basis.

  • We reserve the right to adjust the rental price during the term of your rental with effect for the future. We will notify you of any changes to the rent in text form in good time before they come into effect.
  • If agreed with you during the ordering process, we may also charge you a one-time fee.
  • The payment of the rent and any other fees will be made by bank transfer from you. You will receive an invoice at the beginning of the month. This is to be paid immediately. If you do not pay the invoice, we reserve the right to pick up the Citkar. For the pickup of the Citkar we are entitled to activate the GPS function of the Citkar. You have to bear the additional costs resulting from this. If the amount due is not paid within 14 days, we reserve the right to instruct a collection agency to collect the money. All additional administrative costs and extrajudicial collection costs will be borne by you.

§ 7 Securing Against Theft | Key

  • To prevent loss/theft or damage to the Citkar, you are required to change the Citkar’s PIN to an individual pin (not 0000). You can find the instructions in the user manual.
  • We also provide you with two keys for the batteries of the Citkar. You may not make or have made any additional keys (e.g., spare, copy, duplicate). We may keep additional keys for the Citkar in our possession. You are obligated to protect the keys for the Citkar from loss, theft, and unauthorised use at all times and may not give them to any third party.
  • If you damage a key, lose it or it is stolen, you must notify us immediately. In this case we will give you a new key and charge a fee of EUR 50 per key. You must confirm receipt of the new key when you hand it over. If you find a key that has been reported lost, you must immediately send it to us by mail at your expense.

§ 8 Damage to the Citkar

  • You are obligated to report any damage to the Citkar to us within 24 hours after you become aware of the occurrence of the damage. This applies regardless of the extent of the damage and whether you caused the damage or not.
  • If you have caused the damage to the Citkar or if this damage otherwise results from a breach by you of the usage rules prescribed in these CMB (in particular section 4), we reserve the right to demand compensation from you. This does not apply if you have chosen the mobility guarantee or insurance. In the case of insurance, a deductible of EUR 500 is due.
  • In the event of damage to the Citkar due to the (contributory) negligence of a third party, you are obliged to provide us with the identity and contact details of this third party. If the damage occurred in connection with an accident, you are obliged to send us an accident sketch signed by you and the third party. If you do not provide us with the contact details of the third party, even though you know them, we reserve the right to charge you in full for the damage incurred by us, regardless of whether a mobility guarantee or insurance has been chosen.
  • The insurance covers damage and theft and costs EUR 49 gross or EUR 41.18 net per month. This can be booked at any time.
  • The mobility guarantee includes the recovery and towing of the Citkar in case of an accident within 3 hours in Germany. For this purpose, a partner company or we come to your tow.

§ 9 Theft/Loss of Citkar | Dishonesty Surcharge

  • You are obliged to inform us about the theft/loss of the Citkar or individual parts of the Citkar (e.g. its battery) within 24 hours from your knowledge of it.
  • In case of theft/loss of the Citkar, you are obliged to hand over or send us all keys for the Citkar that you have received from us. You are obliged to support us – as far as reasonable – with regard to filing a report with the police or taking any other legal measures.
  • In case of theft/loss, we are entitled to turn on the GPS function of the Citkar and locate the Citkar.
  • In case of theft/loss of the Citkar and/or battery (if any), we will charge you the purchase price per theft/loss. If you choose the insurance, there is only a deductible. This is calculated as follows:
Citkar (all models)EUR 500
Citkar batteryEUR 500

The deductible does not apply if you have chosen the mobility guarantee.

  • If the Citkar and/or battery (if any) reported by you as lost or stolen is recovered, we may, at our reasonable discretion and depending on the technical and visual condition of the recovered Citkar and/or its battery (if any), refund to you any excess paid.

You are free to prove that we have not suffered any damage or that our damage is significantly lower than the deductible paid by you. We reserve the right to claim further damages.

  • In the event of theft/loss of individual parts of the Citkar (with the exception of the battery), we will charge you a deductible in the amount of the value of the stolen or lost parts. You are free to prove that we have not suffered any damage or that our damage is significantly lower than the deductible paid by you. We reserve the right to claim further damages. This does not apply if you have chosen the mobility guarantee or insurance.
  • If you fail to secure the Citkar as required in Section 7.1 and the Citkar is lost, stolen or damaged as a result, we will charge you a fee of EUR 1,000 in addition to the deductible under Section 9. You are free to prove that we have not suffered any damage or that our damage is significantly lower than the fee paid by you. We reserve the right to claim further damages.
  • Should you breach your obligations under clause 9.1, in particular:
  • fail to inform us of the theft/loss of the Citkar; and/or
  • not hand over or send us the keys for the Citkar that you have received from us,

we will charge you an amount of EUR 4,000. You are free to prove that we have not suffered any damage or that our damage is significantly lower than the amount you have paid. We reserve the right to claim further damages.

  • If it turns out that you have made false statements to our disadvantage, we are entitled to charge you a dishonesty surcharge of EUR 200. This amount is payable in addition to any amounts owed under this clause 9.

§ 10 Term of Your Rent| Termination | Return

  • The term of your rental (the ‘Rental Term’) is agreed upon during the ordering process. To the extent agreed upon in the ordering process, Citkar may charge the renter a one-time fee. The term can also be unlimited.
  • If the lease is concluded by filling out the registration form on the website www.citkar.com and you are a consumer, you have the right to cancel the lease during the 14-day cancellation period without giving any reason. The foregoing shall not apply to the extent that the rental was carried out during the withdrawal period with your express consent and you have waived his right to terminate the rental.
  • In the event that we have agreed to a monthly cancellable rental, the term of Your rental will initially be one month from the date specified in the Order Process and will automatically renew for successive one-month terms unless terminated in accordance with these CMB. You or we may terminate a Monthly Cancellable Lease upon one month’s prior written notice.
  • Switching between our mileage packages is only possible upwards.
  • In the event that we have agreed on a rental with a minimum term, your rental shall commence on the date specified in the order process, but no earlier than the date of provision and shall remain in force until the expiry of the minimum term agreed in the order process. An ordinary termination with effect as of a date prior to the end of the minimum term is excluded, subject to the provisions of clause 10. After the expiry of the agreed minimum term, the rental shall be converted into a monthly terminable rental governed by clause 10.3.
  • Your and our right to extraordinary termination of your lease without notice for good cause (§ 314 BGB) remains unaffected. An important reason that entitles us to terminate the lease without notice exists in particular if:
  • you are in arrears with the payment of more than two rents;
  • you use the outside of your country;
  • you use the Citkar contrary to the usage rules in section 4; or
  • you make false statements to us or repeatedly misuse our services (e.g. by deliberate misrepresentation or unauthorised exchange requests).
  • Any termination must be in text form (e-mail is sufficient).
  • The notice period is 14 days to the end of the month.
  • If you have canceled your rental, you can cancel your cancellation at any time before returning the Citkar to us and reactivate your rental free of charge by email. After returning the Citkar to us, a free reactivation is excluded.
  • When the termination of your lease becomes effective, you are obligated to return the Citkar and any other items provided to you by us (in particular keys and batteries) to us or our partner company. If you return the Citkar to us before the termination of your lease becomes effective, your rights under your lease will end at the time of return; however, we reserve the right to charge you for the rent accrued until the termination of your lease becomes effective. An earlier collection than the termination date of the Citkar is only possible at your own expense.
  • If you do not return the Citkar to us at the agreed time, we will charge you a late fee of EUR 20 per day, up to a maximum of EUR 3,000, until you (i) return the Citkar to us, (ii) reactivate your rental in accordance with Section 10.8, (iii) or take out a new rental. You may prove that we have not suffered any damage or that the damage is significantly lower than the late fee. We reserve the right to claim further damages.
  • We are entitled to terminate the rental at any time in the event of theft or for any of the reasons stated in this clause, to track the Citkar and to confiscate it immediately. In this case, we may use the GPS tracker to track the location of the Citkar.

§ 11 Prohibition of Set-off | Limitation of the Right of Retention

  • You may only offset your claims against our claims if your claims have been legally established, are undisputed or have been acknowledged by us.
  • You may only assert a right of retention (in particular to the Citkar) insofar as this is based on the same contractual relationship as our claim.

§ 12 Data Protection

We will comply with the applicable legal provisions for the protection of personal data.

§ 13 Our Liability

  • We shall be liable without limitation (i) for losses caused by intentional or grossly negligent acts of Citkar or for damages that cannot be excluded due to mandatory statutory provisions, (ii) for the breach of essential contractual obligations, i.e. (iii) for fraudulently concealed defects, (iv) for damages resulting from injury to life, body or health, (v) for claims under the Product Liability Act, and (vi) in the event of an express assumption of a quality guarantee by us. Our further liability is excluded.
  • We are not liable regardless of fault for initial defects of the Citkar (§ 536a para. 1 case 1 BGB).

§ 14 Final Provisions

  • We have not made any additional agreements, written, oral or implied.
  • We may unilaterally amend this CMB at any time for technical, commercial or legal reasons with effect for the future. We will notify you of any change to this CMB in text form at least 1 month before the change takes effect. You may agree or object to the change before it takes effect. However, your consent will be deemed given if you do not object to the change before it becomes effective. We will specifically notify you of this in our change notice. We reserve the right to terminate your lease if you object to any change to this CMB. If the change results in you receiving a service that is materially different from the original service, you, as a consumer, have the right to cancel your rental as of the date the amended CMB becomes effective.

You are not allowed to cancel the lease due to a price change unless the change occurs within three months of the lease closing and you are the consumer.

  • If any provision of this CMB is or becomes void, invalid, unenforceable or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions shall not be affected. You and we are then obligated to agree upon a provision in place of the defective provision that comes as close as legally possible to what you and we would have agreed upon according to the spirit and purpose of this CMB if we had recognised the defectiveness of the provision. The same applies to loopholes in these CMB. This clause 16.3 is not intended to merely shift the burden of proof, but to waive § 139 BGB altogether.
  • Your rental and this CMB as well as all rights arising out of or in connection with it shall be governed exclusively by German law, excluding those norms of private international law which lead to the application of the law of a country other than Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  • The jurisdiction of the courts for disputes between us and you in connection with your rental and these CMB is governed by the statutory provisions. If you move your domicile or habitual residence to another country outside Germany after the conclusion of the contract, we may bring an action against you before the courts in Berlin.

Citkar Ltd.