General Terms and Conditions of Mercedes-Benz AG for Test Drives

Passenger Cars & Vans/Transporters · Valid from 09.10.2024

I. Handover of the Vehicle

The vehicle will only be handed over to the Borrower if the Borrower presents a driving licence that is required for driving the vehicle and valid in Germany, as well as a valid identity card or passport.
A handover report will be drawn up when the vehicle is handed over to the Borrower; the Borrower is obliged to cooperate in this.

II. Use of the Vehicle

The Borrower may only use the vehicle personally, unless otherwise agreed.
The Borrower is obliged to treat the vehicle with care and in a proper manner. In particular, it is prohibited to use the vehicle for participation in motorsport events or driver safety trainings, for the transport of highly flammable, toxic or otherwise hazardous substances, or for the commercial transport of passengers or goods; renting out the vehicle is likewise prohibited.
The Borrower undertakes to comply with the road traffic regulations and to secure the vehicle against theft.
Smoking in the vehicle is prohibited.
Using the vehicle under the influence of alcohol, drugs or medication that impairs the ability to drive is prohibited.
As a general rule, the vehicle may only be used in Germany, unless otherwise agreed.
The Borrower is advised that the vehicle is equipped with a GPS tracking system.
During test drives with the G-Class with EQ Technology, the use of the G-TURN and G-STEERING functions is prohibited.

III. Insurance Cover

During the period of use, the vehicle is covered by third-party liability insurance and fully comprehensive insurance; the amount of the Borrower's deductible per claim is specified in the test drive agreement with the Lender and in the Lender's price list for test drives. The insurance cover for the vehicle comprises third-party liability insurance with a maximum coverage of EUR 100 million for personal injury and property damage. The maximum coverage per injured person is EUR 15 million and is limited to Europe.
In the event of liability claims, the Borrower is not entitled to acknowledge or satisfy claims of third parties, in whole or in part, without the Lender's prior consent.

IV. Conduct in the Event of Vehicle Damage or Accidents

In the event of damage or an accident involving the borrowed vehicle, the Borrower undertakes to inform the Lender or the Mercedes-Benz partner named in the test drive agreement without delay, where possible directly from the scene of the accident, and, if possible, to have the accident recorded by the police. If the accident cannot be recorded by the police, the Borrower must prepare a detailed accident report at the scene. The obligation to inform without delay also applies in the event of theft, other loss (e.g. confiscation) and any technical or other defect (e.g. breakdown) of the vehicle.
The Borrower may only carry out repairs to the vehicle, or have them carried out, with the Lender's express consent.

V. Return of the Vehicle

The Borrower must return the vehicle at the place of handover at the end of the agreed period of use. If the agreed return time is culpably exceeded, the Borrower is liable for all damage incurred by the Lender as a result of the withholding of possession. In addition, the Lender is entitled to demand reasonable compensation for use from the Borrower for the period during which the vehicle is withheld beyond the return time. Further claims for damages by the Lender remain unaffected.
The vehicle is handed over to the Borrower with a fully charged battery (electric vehicles) or a full tank (vehicles with a combustion or hybrid engine). The Borrower must fully charge or refuel it immediately before returning it; otherwise the Borrower must reimburse the costs of charging or refuelling.
The vehicle is handed over to the Borrower in a clean condition. The Borrower must return it in the same condition. If the vehicle is dirty on return, the Borrower must reimburse the costs of the necessary cleaning.
A return report will be drawn up when the vehicle is returned; the Borrower is obliged to cooperate in this.
The Lender is not obliged to keep items left in the vehicle by the Borrower on return.

VI. Liability of the Borrower

The Borrower is liable to the Lender for all culpably caused damage (including destruction, loss and confiscation) arising from the time the vehicle is taken over until it is returned.
There is no liability for damage due to normal wear and tear. Otherwise, liability is limited to damage that is not covered by an agreed vehicle insurance.
The Borrower indemnifies the Lender against all claims arising from the violation of laws, ordinances or other regulations in connection with the use of the vehicle. The same applies to third-party claims resulting from accidents, insofar and for as long as the Lender's liability insurance does not cover the damage.

VII. Liability of the Lender

The Lender is liable for intent and gross negligence. If the Lender is required by statutory provisions to pay for damage caused by slight negligence, the Lender's liability is limited as follows: liability only exists in the event of a breach of essential contractual obligations, such as those which the test drive agreement is specifically intended to impose on the Lender according to its content and purpose, or whose fulfilment makes the proper performance of the test drive agreement possible in the first place and on whose observance the Borrower regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time the contract was concluded.
Insofar as the Lender's liability is excluded or limited, this also applies to the personal liability of the Lender's legal representatives, vicarious agents and employees.
The limitations and exclusions of liability in sections 1 and 2 do not apply to claims arising from fraudulent conduct of the Lender, in the case of liability for guaranteed characteristics, for claims under the German Product Liability Act (Produkthaftungsgesetz), or in the event of injury to life, body or health.

VIII. Data Processing / Data Protection

The Borrower is aware that personal data are processed by/transferred to Mercedes-Benz AG, the Mercedes-Benz partner named in the test drive agreement, Mercedes-Benz Automotive Mobility GmbH (Am Postbahnhof 16, 10243 Berlin, Germany, commercial register at the Charlottenburg Local Court, No. HRB 179904B) and Mercedes-Benz Group Services Berlin GmbH (Am Postbahnhof 16, 10243 Berlin, Germany, commercial register at the Charlottenburg Local Court, No. HRB 111787B) for the purposes of use, contract processing and, where applicable, debt collection and claims handling. Detailed information on the processing of personal data, on rights, options to object and contact persons can be found at www.mercedes-benz.de/datenschutz.
As a result of the use of multimedia systems (e.g. MBUX), data entered during use and vehicle settings (including navigation, smartphone integration and remote services) may be stored in the vehicle. If the Borrower does not wish data and vehicle settings to remain stored in the vehicle, the Borrower must arrange for their deletion before returning the vehicle; this can be done by resetting to the factory settings as described in the operating instructions. The Lender is not obliged to delete the data and vehicle settings stored in the multimedia systems. The Borrower is expressly advised that services/functions for the vehicle have been enabled/activated via the communication module (LTE) for the use of Mercedes me connect and can be monitored/retrieved by Mercedes-Benz AG as the Lender or by the Mercedes-Benz partner named in the test drive agreement, including mileage, battery state of charge (SoC) and fuel level.

IX. Miscellaneous

If the Borrower is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all present and future claims arising from or in connection with this contractual relationship is Stuttgart. The Lender is also entitled to bring an action at the Borrower's registered office.
The same place of jurisdiction applies if the Borrower has no general place of jurisdiction in Germany, moves their place of residence or habitual abode out of Germany after the conclusion of the contract, or if their place of residence or habitual abode is not known at the time the action is brought.
The law of the Federal Republic of Germany applies exclusively.
Notice pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG): The Lender will not participate in, and is not obliged to participate in, dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG.