Common use of REPLACEMENT VEHICLE Clause in Contracts

REPLACEMENT VEHICLE. a) If the vehicle cannot be provided in the price group included in the reservation confirmation at the time of handover, the Lessor reserves the right to provide a vehicle comparable in performance, design, and accessories. No additional rental fees shall be incurred by the Lessee in this circumstance. Cancellation by the Lessee in accordance with § 543 (2) No. 1 BGB is excluded in these cases, unless provision of a replacement vehicle fails, is unreasonably delayed, or refused by the Lessor. Insofar as the Lessee’s legitimate interests are contrary, he can refuse to accept a larger vehicle as a contractual service. b) If the Lessee accepts an available replacement vehicle in a less expensive price group, the Lessor will reimburse the resulting price difference between the two price groups. c) If the vehicle is destroyed due to the Lessee’s fault or it is foreseeable that its use is restricted or impossible because of a circumstance which the Lessee is responsible for, the Lessor is not obliged to provide a replacement vehicle. A termination by the Lessee according to § 543 Abs.2 No. 1 BGB is excluded in this case.