General Terms and Conditions


The following agreements govern the provision of the “Rentsoft” software application by Rentsoft GmbH. The Customer receives the technical possibility and authorization to access Rentsoft, which is hosted on the servers of Rentsoft GmbH, via the Internet and to use the functionalities of Rentsoft within the scope of this contract.

For this purpose, Rentsoft GmbH provides the software application for use at for the Customer and its authorized users. One instance of this software application is hereinafter referred to as an “instance”.

The “Customer” is a natural or legal person and enters into a contract with Rentsoft GmbH, which is based on these Terms of Use, by accepting these Terms of Use and registering his own instance at

A “user” is any natural person who is associated with the customer in his capacity as a legal representative, employee, supplier, customer or otherwise and who has either registered for a user account on the customer’s instance, has been assigned access data (e.g. user name and password) by the customer for use on the customer’s instance or has otherwise been authorized to use the instance by the customer.

An “administrator” is a user who has registered an instance for the customer or who has been named as an administrator by another administrator. All administrators can revoke the administration rights of other administrators at any time and thereby designate them as regular users who are not administrators.

The offer of Rentsoft GmbH is not aimed at consumers within the meaning of § 13 BGB. The customer warrants that he is not acting as a consumer.


2.1 With Rentsoft, Rentsoft GmbH provides the Customer with a software application that makes it easier for the Customer to carry out processes in the vehicle rental segment.

2.2 Rentsoft is accessed via the Internet. The prerequisites for using Rentsoft are a workstation computer with Internet access and an up-to-date Internet browser.

2.3 The provision of these requirements and the telecommunications services, including the transmission services from the service transfer point to the devices used by the customer, are not the subject of this contract, but are the responsibility of the customer.

2.4 Rentsoft includes functions for booking planning, communication with own customers, contract creation and property management.

2.5 Rentsoft GmbH reserves the right, at its own discretion and without prior notice, to change individual parts of the functionality and to add functions or remove functional parts. The omission of a previously existing functional part of Rentsoft does not constitute a defect as long as the general functions from the previous figure are still available.

2.6 The prices for Rentsoft are negotiated individually and personally depending on the customer and requirements and documented separately in writing. The provisions for termination apply in accordance with § 11.

2.7 Rentsoft GmbH shall make full data backups at its own discretion on a regular basis, but at least once a day, and store them at a remote location. Should a loss of data occur for which Rentsoft GmbH is responsible, Rentsoft GmbH shall immediately restore the data from the data backups and inform the Customer of the process. The Customer shall not be entitled to access the data backups in the event that Rentsoft GmbH is not responsible for the loss of data.

2.8 The contractual scope of services does not include longer-term data backup for compliance with archiving obligations, e.g. of a commercial or tax nature, for which the Customer is responsible, unless the Customer concludes a separate contract with Rentsoft GmbH for this purpose.

2.9 Rentsoft GmbH is entitled to maintain and service software and/or hardware systems and perform data backups at any time. If it is foreseeable that this may result in unavailability, Rentsoft GmbH shall carry out these activities outside regular working hours or at weekends if possible. However, the contractual scope of services does not ensure any guaranteed availability (SLAs) unless the Customer concludes a separate contract with Rentsoft GmbH to this effect.

2.10 Rentsoft GmbH is entitled to adjust the prices for Rentsoft usage contracts and other services offered by Rentsoft GmbH at any time. In the event of a price increase, the Customer shall have a special right of termination. This special right of termination shall apply from written notification of the price increase for a period of two weeks from receipt of the price increase letter. Notification of a price increase must be made by post or email.


3.1 The Customer and the users authorized by him shall receive the non-exclusive right, limited in time to the term of this Agreement, to access Rentsoft via the Internet and to use the functionalities associated with Rentsoft in accordance with this Agreement by means of a browser and, if applicable, other client programs. The Customer and the users shall not receive any further rights, in particular to Rentsoft, the software application or the operating software, even if functions or parts of functions have been developed for the Customer.

3.2 The Customer is not entitled to use Rentsoft beyond the use permitted under this Agreement or to grant such use to third parties. In particular, the Customer is not permitted to reproduce, sell or transfer Rentsoft or parts thereof for a limited period of time, especially not to rent or lend it.

3.3 The customer is responsible for naming the authorized users of their instance. Naming is done either directly by creating an active user account by an administrator or indirectly by registering a third party for a user account within the customer’s instance. Indirect registration of a third party is only possible if an administrator has previously activated this function in the instance. In any case, all active users listed in the administration area of the instance are deemed to be named by the customer.

3.4 The Customer may release parts or all of its Rentsoft instance for public use by third parties without a user account. In this sense, third parties without their own user account are also deemed to be authorized to use the Rentsoft instance, but do not have to be named separately by the Customer as users. In any case, the actions of all users of the Rentsoft instance are as such attributable to the Customer.

3.5 If the contractual use of Rentsoft is impaired by third-party property rights through no fault of Rentsoft GmbH, Rentsoft GmbH shall be entitled to refuse the services affected by this. Rentsoft GmbH shall inform the Customer of this immediately and enable him to access his data in a suitable manner. In this case, the Customer shall not be obliged to pay. Other claims or rights of the Customer shall remain unaffected.


4.1 The contracting parties undertake to maintain secrecy about all business and trade secrets of the other contracting party entrusted to them, made accessible to them or otherwise made known to them, as well as about other recognizably confidential operational facts, to use such confidential information only for the contractually intended purpose and not to disclose it to unauthorized third parties.

4.2 Rentsoft will process and use the Customer’s personal data to fulfill the contractually agreed services. The Customer’s personal data will only be passed on to third parties for the purposes of contract fulfillment and payment processing and otherwise only if the Customer has given his prior consent.

4.3 If the Customer processes personal data of third parties (in particular those of its end customers) within the scope of the contract with Rentsoft, it is responsible as the responsible body for compliance with the data protection regulations. The Customer shall ensure that the relevant legal requirements for the transmission to and processing by Rentsoft are fulfilled, in particular the Customer shall inform its end customers about the handling of their personal data accordingly. Insofar as Rentsoft processes personal data on behalf of the Customer, the contracting parties shall conclude an agreement on commissioned data processing. Rentsoft is entitled to pass on such data to subcontractors (in particular the operator of the external data center commissioned in each case) for the purpose of fulfilling the contract.


The customer shall fulfill the obligations incumbent on him for the performance and execution of this contract. In particular, he shall

5.1 pay the agreed prices on time. For every SEPA direct debit or credit card debit that is not honored or returned, the Customer shall reimburse Rentsoft GmbH for the costs incurred to the extent that the Customer is responsible for the event that triggered the costs.

5.2 name all users intended by him for the use of Rentsoft in accordance with § 3.3. Furthermore, the Customer undertakes to name any changes in the assignment of users caused by organizational changes, employee changes, etc. accordingly in the administration area.

5.3 protect the usage and access authorizations assigned to it or the users as well as identification and authentication safeguards against access by third parties and not pass them on to unauthorized users.

5.4 ensure that (e.g. when transferring texts and data of third parties to servers of Rentsoft GmbH) all industrial property rights and copyrights are observed.

5.5. obtain the necessary consent of the respective data subject, insofar as it collects, processes or uses personal data in the context of the use of Rentsoft and no statutory permission applies.

5.6 Not to use Rentsoft improperly or allow it to be used improperly, in particular not to transmit information offers with illegal or immoral content or to refer to such information that serves to incite hatred, incite criminal offenses or glorify or trivialize violence, are sexually offensive or pornographic, are likely to seriously endanger children or adolescents morally or impair their well-being or may damage the reputation of Rentsoft GmbH.

5.7 to refrain from attempting to retrieve information or data without authorization, or to interfere with programs operated by Rentsoft GmbH or have them interfered with by unauthorized third parties, or to penetrate data networks of Rentsoft GmbH without authorization.

5.8 not misuse the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (spamming).

5.9 to indemnify Rentsoft GmbH against all third-party claims that are based on an unlawful use of Rentsoft by the Customer or are made with the Customer’s approval or that arise in particular from data protection, copyright or other legal disputes associated with the use of Rentsoft. If the Customer recognizes or must recognize that such an infringement is imminent, there is an obligation to inform Rentsoft GmbH immediately.

5.10 reimburse Rentsoft GmbH for the expenses incurred as a result of the inspection following the submission of a fault report if it is established after the inspection that there was no fault in the technical equipment of Rentsoft GmbH and the Customer could have recognized this with reasonable troubleshooting.

5.11 to oblige the users authorized by him in accordance with § 1 to comply with the provisions listed for the use of Rentsoft in § 5.3 to 5.8.

5.12 to back up its existing data in the system by download until the time of termination of the contract, as it cannot be ruled out that the customer will no longer be able to access this data after termination of the contract.


6.1 Rentsoft GmbH is entitled to block access to Rentsoft and its data in the event of an unlawful breach by the Customer or the users named by the Customer of one of the material obligations set out in this contract, in particular in the event of a breach of the obligations set out in § 5.6 – 5.8. Access will only be restored once the breach of the material obligation concerned has been permanently eliminated or the risk of repetition has been ensured by submitting an appropriate cease-and-desist declaration to Rentsoft GmbH. In this case, the Customer shall remain obliged to pay the recurring prices.

6.2 Rentsoft GmbH is entitled to delete the data concerned in the event of a breach of § 5.6 – 5.8.

6.3 If in the cases of § 6.1 and § 6.2 there is a culpable breach by the customer, the customer is obliged to pay compensation. If the Customer proves that no damage has occurred, he shall not be obliged to pay compensation. Rentsoft GmbH reserves the right to assert other claims for damages.

6.4 In the event of an unlawful breach of the obligations set out in § 5.6 – 5.8 by a user, the Customer shall immediately provide Rentsoft GmbH on request with all information required to assert claims against the user, in particular the user’s name and address.


7.1 Recurring (e.g. monthly, annual) prices are to be paid in advance for the duration of the usage period (e.g. one month, one year), starting on the day of operational provision after the end of any free trial period granted.

7.2 Other prices are payable after the service has been provided.

7.3 If no SEPA direct debit procedure or credit card collection has been agreed, the invoice amount must be credited free of charge to the account specified in the invoice no later than the seventh day after receipt of the invoice.

7.4 Invoices can be sent by Rentsoft GmbH by e-mail. Rentsoft may, at its sole discretion, shorten the period for the advance notification of a SEPA direct debit (pre-notification) to up to 1 day.


8.1 Rentsoft GmbH is entitled to block access to Rentsoft if the Customer is in default of payment to a not inconsiderable extent. In this case, the Customer shall remain obliged to pay the recurring prices.

8.2 If the Customer is in arrears with the payment of the prices or a not insignificant part of the prices for two consecutive months or in a period extending over more than two months with the payment of the fee in an amount that reaches the fee for two months, Rentsoft GmbH is entitled to terminate the contract without notice and to demand liquidated damages due immediately in one sum in the amount of one quarter of the remaining recurring prices up to the expiry of the regular contract term.

8.3 The amount of damages shall be set higher or lower if Rentsoft GmbH proves higher damages or the Customer proves lower damages.

8.4 Rentsoft GmbH reserves the right to assert further claims due to default of payment.

8.5 If Rentsoft GmbH is in default with the operational provision, liability shall be governed by § 9. The Customer shall only be entitled to withdraw from the contract if Rentsoft GmbH fails to comply with a reasonable grace period set by the Customer, which must be at least two weeks.


9.1 Rentsoft GmbH shall be liable to the Customer without limitation for all damage caused by it and its legal representatives or vicarious agents in the event of intent or gross negligence.

9.2 In the event of slight negligence, Rentsoft GmbH shall be liable without limitation in the event of injury to life, limb or health. Otherwise, Rentsoft GmbH shall only be liable if it has breached a material contractual obligation (cardinal obligation). In these cases, liability is limited to compensation for foreseeable, typically occurring damage. For a single case of damage, liability is limited to the contract value, in the case of ongoing remuneration to the amount of remuneration per contract year. In addition and with priority, the liability of Rentsoft GmbH due to slight negligence for damages and reimbursement of expenses – irrespective of the legal grounds – is limited in total to 100 percent of the remuneration agreed upon conclusion of the contract. Liability in accordance with § 9.1 and 9.2 sentence 1 remains unaffected by this paragraph.

9.3 The strict liability of Rentsoft GmbH for damages (§ 536 a BGB) for defects existing at the time of conclusion of the contract is excluded. § Sections 9.1 and 9.2 remain unaffected.

9.4 Liability in accordance with the provisions of the Product Liability Act remains unaffected.


10.1 Rentsoft GmbH shall be released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of force majeure circumstances after the conclusion of the contract.

10.2 Force majeure circumstances include, for example, war, strikes, riots, expropriations, cardinal changes in the law, storms, floods and other natural disasters as well as other circumstances for which Rentsoft GmbH is not responsible, in particular water ingress, power failures and interruptions or destruction of data-carrying lines.

10.3 Each contracting party must inform the other contracting party immediately in an appropriate form of the occurrence of a case of force majeure.


11.1 The contract comes into force upon registration of a Rentsoft instance. If a free trial period or use has been granted, the contract ends automatically at the end of this period. This does not result in an obligation to pay. If the Customer orders a fee-based use of Rentsoft or other term contracts, the term of the contract is specified on the offer / contract. If this is not specified, the term is 24 months. The contract is automatically extended by 12 months if it is not terminated 3 months before the end of the term.

11.2 The contractual relationship can be terminated by the Customer at any time to the end of the current contract term. In the event of termination by the Customer, the price for the commenced term must be paid in full by the Customer and is non-refundable.Rentsoft GmbH may terminate the contractual relationship at any time with one month’s notice to the end of the current usage period.

11.3 The right to terminate the contract for good cause remains unaffected.

11.4 All terminations and tariff changes under this contract must be made in writing.


12.1 The Customer may only transfer the rights and obligations arising from this contract to third parties with the prior written consent of Rentsoft GmbH. However, Rentsoft GmbH is entitled to transfer the rights and obligations arising from this contract to a group company within the meaning of Section 15 of the German Stock Corporation Act.

12.2 Rentsoft GmbH reserves the right to amend these Terms of Use at any time. The amended Terms of Use shall be communicated to the Customer or User in an appropriate manner, usually by e-mail or by prominent display in Rentsoft. They shall be deemed to have been agreed if the user does not object to their validity within 14 days of receipt. The objection must be made in writing. In the event of an objection, Rentsoft GmbH reserves the right to terminate the contractual relationship at the end of the current usage period.

12.3 The contractual relationship shall be governed by German law. The place of jurisdiction is Munich.

(as at: 30.07.2021)

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