If in the Federal Republic of Germany after a traffic accident by the damage a rented car is rented, the car rental services account for opposite insurers usually to an accident spare tariff in such a way specified. This usually lies over the rents of the free business, since this kind of the letting is connected with additional expenditure for the car rental service.

In the meantime the Federal High Court with judgements from 12 October 2004 (source has: ), from 26 October 2004 (source: ), from 15 February 2005 (source: ), from 15 February 2005 (source: ), from 19 April 2005 (source: ) from 25 October 2005 (source: ) last to 14.02.2006 stated that the rented car costs still belong to the refund-requiring expenditures after a liability claim. Over the height of the rented car tariff there is however plentifully controversy. The iurisdiction is not uniform unfortunately. However that the "“accident spare tariff"” specified in the vernacular is in truth nothing else, as the "“standard tariff"” may be determined, because there is not a "“normal tariff"” at all. Because it may be asked by right, what is actually a "“normal tariff"”, this could to today neither a court still another insurance clearly answer. Strictly speaking there are 3 large markets within the auto renting range: 1. Firm big customer business, 2. Spare time and tourism business and 3. the accident spare car business. All 3 markets have however different structures and substantially different characteristics, which settle also on the tariffs. Also in other economic sectors this is the case, different markets and/or different achievements = different prices. That is simply expressed the law of the free free-market economy. Also the insurance economy follows this law in your most different premiums, whereby one cannot proceed here necessarily from different markets in the force liability insurance. If necessary of different risks. But tariff applies also here exactly calculated moderate also to the different rented car offers, is different risks to be considered and.

A accident-damaged can determine however simply whether it charged accident spare tariff from the framework falls by it the loss of use of the damaged vehicle times 3 counts plus value added tax and special services such as winter tires and feed costs. Because the loss of use is computed by the authors of the loss of use table from the usual cost of renting. Thus a rent is probably consulted by the authors among other things also a representative of the insurance economy for design fundamentals, which are also usual market.

Criteria of a risk tariff, falsely also "„accident spare tariff "“mentioned. Following is to contribute to bring clarity between the so-called accident spare tariff and the many kinds from bar tariffs to. The most important criteria of the highest risk tariff (normal tariff = in the vernacular "„accident spare tariff "“mentioned) are to be represented and described from economical view.

Each properly led company justifies its right of existence from the use, it

- outward for the customer - inward for safety device of the jobs and the financial sources

offers. Particularly with a service enterprise like the car hire precede a successful market preparation and the production as well as permanent advancement of a marketing concept. Essential components of a marketing concept are (among other things) the study of the market on its needs, the unresolved problems of a target group on the one hand and the relentless self-situation analysis, i.e.: special knowing and being able of the enterprise on the other hand. An important central thesis of marketing and the management reads therefore: "„(only) who satisfies the needs of an exactly defined target group particularly well, or still more exactly: the unresolved problems of a customer group outstanding to solve knows, in the competition will exist! "“

In the service industry stated everyone, in or other form, "„with us stands the customer in the center "“or "„the customer is king "“. Nevertheless everyone knows in practice the service deficits up to the extreme customer hostileness. For the special situation of a like the car hire therefore a clear separation of the market segments (and customer groups) for the conception from customer-helpful achievements is a unabdingliche condition for success. That begins those with completely different requirements for the segments PASSENGER CAR and/or truck letting, goes over the different offers to vacation traveler, leisure tenant, tenant simply only times a certain motor vehicle type to rent wanting and firm tenants, up to the specialization on the small market segment of the accident spare vehicle letting.

Unfortunately of consumers, media, journalists and partly also of the civil courts the customer-helpful service offer is noticed not as crucial factor to the Prokuktdifferenzierung. "„Good one "“service is presupposed by the buyer's market and evaluated then subjectively and is not recognized above all at all as product. Rather the rented car and its rent are falsely understood as the product of the service and reduced therefore with offerer comparisons nearly everything to the rent. Exactly this is however wrong.

One regards only once two equal enterprises e.g. from the do-it-yourself enthusiast segment. With the offerer A, which reproaches consulting service, a rich product offer, by the customer to be also immediately bought can etc. is more expensive around a multiple than with the offerer B, which does not carry consulting service out and only on Vorbestellung supplies products. Similar one can regard also the airlines. The airline A maintains a comprehensive reservation service, a comprehensive on-board service etc. a flight with this society costs e.g. 219, - "€ and is more expensive with it around a multiple than the airline B, which maintains only Internet-reservation or liable to pay the costs telephone reservation as well as no on-board service. At the society B this flight costs evenly only to 59, - "€. On board there is e.g. at "„the cheap company "“no feeding or beverage service, no free maintenance possibility, it stands only the prescribed minimum number from hostesses to the order, the flight customer must on board any auxiliary service such as beverages etc. expensively pay. No normal humans would come now on the idea to say, the airline A with best service and more expensive flight tariff did not have an existence authorization.

Exactly this however tries to make the insurance economy damage and courts clear, by representing consciously the service as no product, but only the commodity car compares. On the other side however the insurance companies offer e.g. over Internet partly your products around a multiple more favorably, because evenly expensive service achievements are void such as agent, consultation etc. Thus the insurance economy speaks already here with "„split tongue "“and represents the accident spare car landlords as Abzocker and such a thing. Here would one have to ask carefully the question, which are they

Only the pure commodity to compare here the car fails thus completely and is only Augenwischerei of the insurance economy.

Now we do not want to deepen here, why a Seiko indicates just as accurately the time as a Rolex or the litre water in the supermarket 70 cent and with the Italian costs already times "€ 6.00. Everyone knows that it pays the prestige with Rolex and with the Italian for operation ("„Tutto posto, DOT gates "“) and Ambiente.

With the car rental service, as already said, the specialization is ignored or down-played on need-oriented service packages and the rent difference partly intended motives following from it and placed also partly completely incorrectly in agreement.

This completely particularly applies to the segment of the accident spare vehicle letting. Here one may assume confidently that completely determined interests ensure that the tariffs these (of usually small and to that extent helpless) special offerers with week final private rents, vacation rents, cheap air haven tariffs, long-term rents of the large landlords are compared and these enterprises are reviled because of allegedly superelevated prices as Abzocker or Nepper, tractor,

Again: the complex special service of a Unfallersatz is comparable with that of all (and not particularly well) being able international large landlord in no way, only because both offer a equivalent large car with 4 wheels! The necessary service with the letting of a spare vehicle after an accident is substantially more complex than with a letting at the Counter. Therefore we make some fundamental remarks here the price formation in the Federal Republic of Germany.

The buyer is in the arrangement of his subject-matters of the contract, in particular its price setting, in principle free, as long as he offends thereby neither against the good customs, against faithful and faith. This applies naturally also to the price setting in the auto renting business.

It plans the system of the social free-market economy embodied in the Basic Law of the Federal Republic of Germany that prices form in principle as result of a consideration of supply and demand and by one of the two market sides or from national side is not dictated under any circumstances on one side. This kind of the price formation, on which basis of so-called perfect markets, as generally superior form for the stabilization of the competition regarded and comes to meet to that extent the consumer interests most strongly.

In free market managing no compelling connection between the costs and the paragraph price of a property exists. In practice the models fail to the classical price theory with the identification of optimal prices for the products of an enterprise. Thus three practical price regulation principles became generally accepted. Here it acts over:

"• Cost-oriented Preisbestimmung ("„cost principle "“) "• demand-oriented Preisbestimmung ("„value principle "“) "• competition-oriented Preisbestimmung ("„market price "“)

For cost-oriented Preisbestimmung ("„cost principle "“) traditional possesses the cost calculation for the Preisbestimmung of goods still great importance. This is to be attributed among other things to it, which is to be oriented on the one hand each price for a property which can be marketed at the costs caused by this property, on the other hand the price formation according to the cost principle relatively simply to accomplish is. Thus the Preisbestimmung takes place according to the cost principle from the addition from costs and profit markup. Further advantages of the Preisbestimmung according to the cost principle are in the avoidance of price fights, since competitors arrive with similar costs at similar prices. Beyond that with appropriate net yield an overreaching of the customer is avoided. A short term maximization of profit by the enterprise does not take place. An cost-oriented selling price calculation is to be found among other things in so-called "„salesman markets "“and in markets with regional structures.

For inquire-oriented Preisbestimmung ("„value principle "“) in glaring contrast to the Preisbestimmung according to the cost principle the Preisbestimmung is derived according to the value principle from the marktlichen conditions. Above all the strength of the demand is consulted for the appointment of prices as yardstick. This demand results again from the measure of need satisfaction, which the consumer can experience by the consumption of the property. Thus goods and service prices can be obtained with strong demand, which lie clearly above the prices computed according to the cost principle; turned around market prices can apply with weak demand, which lie below the unit cost prices.

For competition-oriented Preisbestimmung ("„market price "“) here the decision maker orients itself at the prices of the Mitwettbewerber. Thus a Preisbestimmung takes place either at the line average or at the price of the market leader (guidance prices). The prices which can be determined again can deviate depending upon market situation and/or product quality slightly from the guidance prices. For the competition-oriented Preisbestimmung it is typical that also at changed cost situation no price adjustment takes place, as long as the guidance price remains constant.

The two latter principles one finds particularly into that, in today's situations to dominating "„buyer's markets "“. The applied calculation principle is the target Costing thus the question, how much a product may cost with given price.

A here so often addressed "„well led "“enterprise must find naturally its own way, but calculate nontheless (and simply in each case "„market prices "“cannot require). Otherwise it will inward lose soon its right of existence.

A correct calculation according to the rules of the BWL must contain the following factors:

1. Vehicle park costs 1,1 calculatory depr. 1,2 financing 1,3 insurance 1,4 Kfz tax 1,5 Kfz operating cost 1,6 vehicle damage 1,7 road performance risk 1,8 GEZ fees 2. Other costs 2,1 personnel expenditure 2,2 administration 2,3 rents - lease 2,4 commissions 2,5 advertising and travel expenses 2,6 costs legal advice 2,7 other operating cost 2,8 revenue reductions 2,9 demand loss 2,10 extraordinary vehicle park costs 2,11 BGA (operating business equipment) 2,12 financing expenses BGA 2,13 demand financing 2,14 operating profit

This calculation was examined with the appraisal "„evaluation by costs and risks in the vehicle letting with special consideration of the accident spare tariff "“by Professor Dr. Claus Neidhardt, registrar in August 2004 on the basis timenear costs. Likewise the neutral collection of the BAV under co-operation of the DEKRA of 28.09.05 to 12.10.05. Professor Dr. Helmut (UNIVERSITY OF Munich) comes in his appraisal from February 2006 likewise to the result that the accident spare tariff is reimbursable. Thus the scientific proof is furnished, with which costs and risks must be calculated. A substantial factor for the price formation in the car hire is the extent of utilization of the renting vehicles here and can clearly and clearly be proven that extent of utilization in the accident spare car business transact one car rental services by this be affected cannot. A accident-damaged cannot plan renting its spare vehicle simply in advance and thus also not the car rental service. The extent of utilization of an accident spare car landlord usually is with 52%.

"„The appraisal "“of Albrecht, often stated by the insurance economy, passes the thing and only with a goal by the insurance economy in order was given, your own "„desire "“- price conceptions through in the trust procedure at that time for the insurance-own auto renting enterprise "„CARPARTNER "“both with the Federal Cartel Office as well as at the civil courts against the remaining car rental services to push. Neither the Federal Cartel Office, the Court of Appeal Berlin (kg) still the Federal High Court (BGH) "“Albrecht followed the remarks in "„the appraisal. To it it becomes clear that these institutions and/or courts did not give a meaning "„to the appraisal "“Albrecht, but when regarded which it also is, a one-sided party appraisal with a desired and intended final result. The only business circle, which interprets this appraisal as correct and applicable, is their client - the insurance economy -.

The appraisal Albrecht is already in the beginning to the accident spare range related wrong and the rents is on one side in favor of the insurance economy counted, like that as it also the actual goal of the clients artificially downward was. This statement applicable is confirmed already, the fact that the insurance economy with the computation of the loss of use of completely different, substantially higher rented car costs, speak the accident spare tariff goes out and even here "„the appraisal "“Albrecht does not use. Since emergence to today as design fundamentals the rents for the accident spare car business in beginning were brought to the loss of use table. Normally this behavior does not require the insurance economy and thus also the appraisal Albrecht any explanations more.

Besides it can the damages be convinced with a high loss of use money faster by the renouncement of a spare vehicle. If one wanted to follow the quite on one side provided and "“remarks in the appraisal Albrecht, curved to favour of the insurance economy "„, then the loss of use would have to be drastically lowered. To it the insurance economy has however no interest, because it uses the loss of use for years as suited means, in order to switch the accident spare landlords off broad planar, similarly to the elimination of experts and attorneys. It meets straight small and medium-size car rental service, thus exactly those, which do not work with reservation and reservation machines, but with personnel and thus jobs secure. In all other respects it is to be marked that in the computation of the loss of use not one car rental service is involved, which can be reread in the Schwacke list loss of use under author advice exactly.

If the appraisal Albrecht would be correct, then the daily loss of use would have to lie in the group of A with under 5,00 "€. It actually is however about 27, - "€, nevertheless a difference of nearly 450%.

To it it becomes clear that the insurance economy does not even regard the appraisal Albrecht as a client as applicable and correctly.

Once for this a concrete example from the sample computation of the Schwacke loss of use table 2006. On the pages 4 - 6 is a detailed computation by the authors (the author advice consists among other things of: a representative of the insurance economy and a representative of an automobile club (General German Automobile Association) as well as a technical expert) pointed out.

As sample calculation here a BMW 525i, 2.5l, 160 KW, sedan is aforementioned. The vehicle is classified in accordance with the Schwacke list "„autorented car classification "“into the group 8. This results also from the calculation scheme, here is called it: To-class 8 (TO autorented car classes are called). In accordance with this sample computation a daily utilizable value (loss of use) of 63,08 results "€.

If one subordinates the computations over vehicle initial costs, cost of insurance etc. on the pages 4 and 5 as correct, then the actual computation of the loss of use on page 6 is made. The loss of use is computed here on the basis a daily rent of 202,17 "€. This daily rent is computed from 1 week rent divided by 7 days.

This rent is not however by any means from the group 8, in which the BWN 525i is actually in-grouped (see Schwacke rented car classification) separates from the next lower group 7. Already by this reduction maneuver the insurance economy saves for much money at expense of the damages, without losing also only one syllable over it. The company Schwacke divided a lawyer with letters of 22.05.2005 the following with: "“The overall Herabstufung of to-class takes place for all vehicles to naturally the AM-Klasse1. This circumstances are a component of the algorithm after Sanden, Danner,

Here it should be also marked that it is usual practice of the insurance economy to refer also with the computation of rented car costs the damages to the next lower group. Actually however the damaged requirement on a class-same spare vehicle does not have, this mentions the insurance economy likewise.

It surprises and surprises nevertheless much the fact that the author advice from Schwacke and in particular the representative of the insurance economy did not penetrate in the loss of use table 2006 on it, when design fundamentals want to call again and again the demanded bar tariff or like always one these design fundamentals serve, but in the vernacular designated "„accident spare tariff "“- speak normal tariff thus nevertheless. That is not by any means a coincidence, but behind it system hides itself.

In detail is to be described this in the following more exactly.

Basis for the computation of the loss of use is of Schwacke determined "„accident spare tariff 2003 "“weighted means, see Schwacke list (autorent mirror 2003) Federal average accident replacement. It is strange that in that work also the bar tariffs in such a way specified were determined exactly. Nevertheless "„the accident spare tariff is used "“as design fundamentals, although nevertheless also in the same work collections for the bar tariff are present. This phenomenon could explain neither Schwacke nor the insurance economy until today correctly. One does not want it also at all, otherwise one the civil courts could come on unwanted thoughts and decisions and one could the of the insurance economy faster check up.

As the authors of the loss of use table came on the rent of 202,17, daily on page 6, "€ actually, this question following and by means of extensive computations found out one, how one came to this daily daily rent and from where this comes. It originates completely clearly from the collections of the Schwacke rent mirror 2003 Federal average accident spare tariff.

And in such a way this looks in detail. Schwacke rent mirror 2003 - accident spare tariff - Federal average:

Group of rented cars of 7

7 days 1415.19 "€

Comparison: 7 days x 202.17 "€ results in 1415.19 "€.

To the comparison - likewise Schwacke rent mirror 2003, however bar tariff: Group 7

7 days 804, - "€ inclusive CDW (CDW = adhesion reduction in the case of loss)

A daily rent would result in thus 114.87 "€ - a difference of 77%

Thus is thus certain, one has not any bar tariff, but evenly exactly the normal Risko or as in the vernacular designated accident spare tariff uses.

The new loss of use table came into force in January 2006, thus far after the first been issued judgements of the Federal High Court in the year 2004 and now surprises it nevertheless much that despite the statements by the insurance economy to refund only "„the normal tariff was "“(one means the bar tariff obvious) with the computation loss of use of the 2006 however without exception "„the accident spare car tariff "“speaks normal tariff as design fundamentals served.

Is certain thus also here free of doubts that the bar tariff wants to call or like always one these, with the computation of the loss of use money by the author advice the smallest role does not play. The insurance economy demands thus something that does not regard it as applicable.

Thus each logically thinking humans and be furnished also the proof might be clear that "„the accident spare tariff in such a way specified is "“simple and simple in the reality the normal tariff down and is all different however tariffs mentioned (without, Internet, immediately, leisure, week END, tourism, Vorreservierungstarif etc.) evenly only from the normal tariff special tariffs counted. These special tariffs serve simply said better extent of utilization and are comparable to lock-up, with the load minute offers of the tour operators. Something else to state, like in particular of the insurance economy, "„Augenwischerei is simple and moving "“, as well as a deception of the damages, lawyers and courts and turns off only to want to sell to the public and the civil courts of apples for pears in order to be able to increase profit greed again.

Without emergency and without influence of a car rental service the insurance economy turns "„the accident spare tariff "“addresses normal tariff, if it concerns the computation of the loss of use. For this behavior of the insurance economy there are completely simply two explanations.

First the accident spare tariff the NORMAL TARIFF is and secondly the insurance economy goes it simply and moving making with as high a loss of use payments as possible, the anyway small market segment smaller "„accident replacement "“further substantially to the disadvantage small and medium-size car rental service and here is the insurance economy apparently each means quite.

On the basis a material numerical example it is to be pointed out where it would lead, if one uses the bar tariff and/or a special tariff or the adjustment offer of the HUK Coburg insurance 2005 as design fundamentals for the loss of use:

(BMW 525i, as implemented further above) however computes after the bar tariff. The group 7 was used also here from the Schwackeliste 2003 (Federal average).

1 week tariff = 657.00 "€ (Schwacke Federal average) divided from 7 days results in a daily rent of 114,87 "€ average gross days renting set: 114,87 "€

less 20% commission 22.97 "€

Corrected gross days renting set: 91,90 "€

Less as per calculation scheme V

Premium difference etc. 29.88 "€

Corrected gross days renting set: 62,02 "€

After departure of profit and costs remain as intermediate value 60% = 37.21 "€

Less saved self-costs 14.10 "€

Worth the passenger car use: (Loss of use) 23.11 "€

On the basis this example it becomes clear why the insurance economy has no interest to use the bar tariff as design fundamentals for the loss of use. Of the original 63.08 "€ a utilizable value (loss of use) of 23,11 would only remain "€. A difference thus of 174%

Such an amount for a damage incentive does not represent, without a rented car for doing requires no closer explanation, this arises here automatically.

Only with a high loss of use the car rental services can be switched off and be steered the damages to the loss of use. That is the avowed goal of the insurance economy, one could call it also hidden destruction campaign against small and medium-size accident spare car landlord. It can actually be brought with few words on the point, everything which the insurance economy money costs must ausgeschalten to become.

On the other side however this circumstances show clearly, which it actually concerns to the insurance economy. It concerns to it simply to displace and/or switch with their immeasurable financial power and by wrong lectures before court, at the market the active off small and medium-size accident spare landlord by high payments of loss of use and on the other side with serious and existence-threatening calculation shortening from this market segment to. With the payment of a high loss money the landlord active in the market segment accident replacement, this are anyway usually only small and medium-size enterprises, a high number of potential customers extracted. The insurance economy does not speak of it that maximally 30% of the accident-damaged rent a spare car, the remainder takes loss of use or gets nothing at all. Although however the insurance economy wants to pay only rented car costs, which do not play the smallest role for the computation of the loss money.

This avowedly also the if it around the computation of loss of use money and refunding of rented car costs goes.

Until today the insurance economy does not have a plausible explanation about computation of the loss of use money given, no one deals with this fact only not at all or this apparently unpleasant topic umschifft very elegantly, as it is communicated that one does not want to get involved in this discussion. Also speaks for itself.

To the insurance economy it concerns finally only to be able to determine even what one wants to pay and which not and for it to fight it with all only erdenklichen, partly also illegal means. Remains usually hidden to the public, in addition, the civil courts this.

That the costs of a UE-letting economically more highly to lie must than in the cash business, might be clear also to each layman. Here service achievements are furnished, which do not result ansatzweise in the cash business also.

It concerns primarily servicings and not only around "„the commodity car "“.

For this reason the appraisal of Neidhardt regarding the costs and risks is comprehensibly and conclusively stated with the UE-letting for practice, what is confirmed again by already mentioned the calculation method loss of use. It must be here again pointed out that in the computation of the loss of use no car rental service is involved. It remains noting thus the fact that the rent consulted for the loss of use is simple and simply the normal tariff and these again nothing else is as a risk tariff with extensive service achievements. For this reason it is also "„the highest "“tariff in the auto renting business. Again, of this risk tariff all further tariffs are rabattiert, this are the actual "„secret "“of the remaining tariffs down in the rented car business. Also the insurance economy knows.

Beyond that in the appraisal Neidhardt was stated that a correct calculation leads to a risk tariff, which is appropriate for 81.7% over a single customer tariff in such a way specified (bar tariff). Still more surprisingly occupies the result of the investigation that "„the Schwacke autorent mirror "“(collection of the weighted means actually at the market of offered rents) leads to an offer average, which calculates 6.4% under that scientific necessary result lies. Also this is characteristic.

In the following it is - the objective in the heading following - which most important elements will describe, how and why the calculation of the UE-landlord must differ from the one international large landlord:

1. Certainly the calculation begins when the capital-intensive purchase of the material, thus the vehicle park and/or its procurement.

Since auto renting enterprise capital letting has, the procurement the value, which with banks, which is assigned to procurement of money (with the EZB). And here we come on the first large difference: Large landlords bundle their vehicle park purchase nearly on a supplier (roofridge Supplier) and only completely few types, in order to achieve by it optimal purchase conditions. In the final result relatively small and/or no financing expenses develops for these large landlords.

Not one will not find usual vehicle marks and types with this internationally operating landlord, how proves the fleet overviews on the price lists of these landlords impressively.

These wants to represent one it correctly "„favorably "“speak against zero acquired vehicles, to become after 4-6 months with profit sold. Whereby this comes again the manufacturer with the paragraph of its vehicles and the permission statistics to property.

With the vehicle park of the UE-landlord with nearly all makes and up to 80 different types, oriented at the customer demand, this is naturally not possible and in such a way lies the vehicle park writings-off with mtl. 2 3% of the purchase price. The moreover one high financing expenses develop for the UE-landlord, since this must actually buy its vehicles and not by the manufacturer are subsidized.

2. Everyone knows the topic extent of utilization with the surbooking of hotels and airlines. This Dienstleister takes on consciously the complaint risk and accepts more than 100% reservations, in order to always obtain the greatest possible extent of utilization of their investments. German factories go abroad, because them there among other things because of less work time regulations - their expensive machines longer run to let can. Exactly the same the factor extent of utilization plays a very much meaning role in the calculation of the car rental services. Airlines offer partially flight tariffs, which lie far from any economically necessary Tarifgestaltung to only improve in order extent of utilization in order not with a half empty airplane to fly not to have. Of course these cheap tickets are limited, which can determine everyone. It does not need to recognize economical training over the fact that one with an amount of 29, - "€ cost-hitting a corner from Germany to Spain to never fly can. On the other side an occupied seat with 29, - "€, is still better than an empty and this customer takes up also still additional service or transacts purchases in the airplane, for which it pays naturally specially. Furnished on these "„cheap flights "“will by the board personnel no service achievements, even the smallest beverage must additionally be paid. Any additional achievement must be paid by the customer in the airplane and thus relates itself again the amount of 29, - "€.

The same applies also to those internationally transacts car rental services. Because large landlords can calculate at their target groups with firm Vorreservierungen and before agreed upon renting duration, they have clear planning and as a condition for a high rate of utilization of up to 80%. With the unplanbaren UE-employment both planning factors are void. An accident spare car customer needs a spare vehicle usually immediately. This leads inevitably to a lower extent of utilization, which must settle also in a higher rent economically. A UE-landlord has an average extent of utilization of maximally 52% under the Nichtplanbarkeit mentioned and not existing arrangement security. More it cannot reach, since even its customers cannot plan a renting, an accident is a moment event and naturally can the customers the Mietdauer likewise forecast, since the customers again is dependent on others like e.g. workshop, paint shop, purchase of spare parts etc. thereby is not flatable this rented car.

3. As next calculation factor must we to the personnel expenditure turn. Again and again the addressed service is furnished by employee coworker. It extends in the conventional renting business to operation of the telephone, the computer, examination of the customer data and documents as well as providing the lease at the computer and "„property of travel desires "“in the station of the car rental service. One may not survey also that 90% of in such a way completed lettings take place either via Internet reservation or E-Mail, so that not even more is necessary the input of the customer data by the renting personnel, since the customer enters its complete data and these conveyed. Usually also still the examination of the customer data and soil quality takes place fully computer-assisted. Thus a service achievement in accordance with McDonald product, which can be furnished in the Fliesbandverfahren of trained forces, if these communicate reasonably and can be otherwise nice. More must not have such a personnel.

Completely differently the situation in the UE-business presents itself. Here trained forces must set and become for the rented car the repair workshop etc. often into long consulting of explanation discussions complicated with the accident spare car characteristics and its special situation, whereby they must note again and again that they do not offend with their consultation against the legal advice law. By these forces a high measure of knowledge is thus required. The personnel is confronted beyond that with further customer's requests, exemplarily (to reload, roof luggage carrier changes, child seat etc. install car), until they finally stand before the problem, as they return again to their office. That means that a further Kraft with a further vehicle must be available. During anyway substantially longer lasting renting procedure (such a renting procedure usually takes 2 hours) naturally both forces fail during this time for the enterprise and thus for the further renting business completely. A UE-letting finds after evaluation to everything in Germany transacts UE-landlords in 90% of the cases locally instead of and not in the office of the UE-landlord.

Of course cannot be fallen back with the letting "„locally "“also to the cost-saving computer system, the leases, safeguard transfers, accident description etc. must be written by hand. A credit rating locally is impossible and all data of the customer must as soon as the personnel again in the office is, again EDP is moderately seized. A further and additional work procedure develops thus here. In all rule the customer has not all relevant data with "„locally the "“letting thereby. Among other things that catches from the name of the up to the name of the insurance, insurance number and characteristic, police file reference etc. this meant for the assigned personnel also numerous telephone calls (also expensive long-distance calls) central call of the autoinsurers, with the lawyer, with the opposing insurance, active for the customer, with the repair workshop, police to be led on must over to the missing data come. A firm renting period the UE-customer cannot call with renting to 95%, even then not if the repairer is asked, since also this is dependent on others again among other things paint shop, purchase of spare parts, to which insurer leaves itself time with the transmittal of the repair costs assumption explanation (this is present so long, does not give the workshop the vehicle not out) etc. a UE-renting is thereby not flatable and more logically points extent of utilization worsens substantially. A typical UE-landlord creates a vehicle extent of utilization of max. 52% in all rule like already above implemented.

4.Schliesslich we turn to the enormously meaning topic risk. Here a view of the bank and insurance calculation is helpful in view to risk computations. As banks risks judge, then car hire must compute their risks. The lowest factor of risk is to be set if all conceivable is given. That is during a vehicle letting the case, which by credit rating, examination of the customer in the warning file of the car rental services (WANDA) credit card deposit, kilometer and run time delimitation, immediate rent payment, firm renting period is secured, and contains in the case of loss the access to the Kredikarten account of the tenant. With one "„the large landlords require normal "“renting pretty often a current telephone account (serves for control whether the customer the current address indicates, because the address imprinted on the identity card must be not alike also the current) the last wage or content proof (serves likewise for the credit rating) credit card (demand for payment of damages serves such as self participation, tank costs, fees of giving information in penalty places etc. also for the credit rating and above all also the additional charge for costs with renting yet does not admit e.g. was. As good as all large landlords straight lines have all only erdenkliche collateral with the leisure or tourism business are demanded in your renting conditions that the credit card may be after-loaded if necessary and the customer already agrees with conclusion of a contract this procedure.) (an example: from a large landlord its parent company in the USA is resident, a certificate of content to keep a current phone bill required) around the renting risk visible.

Such a letting corresponds to one in the banking transaction with appropriate collateral supported loans. Accordingly the calculation result will prove the lowest interest. It is well-known the fact that a first-rate land charge loan to time for 4,5% is sufficient, while an unsecured current account or Dispokredit easily the double and also the three-way can cost. Always then, if a greatest possible security is given, this affects also the price.

The variety of the possibilities of shifting risks upon or other side results in different tariffs. The fact that this is not when banks or insurance different should generally admits to be and experiences everyone during its autoinsurance.

As example is here aforementioned: A VOLKSWAGEN gulf III, with 60 HP, costs early pensioners for a with the HUK 24 per year "€ 394.00, while a 20-year old student and driving beginner for the same car (!) "€ 2,521, 00 pays.

A Tarifspanne of no less than 640%! With a such price margin inevitably the question raises itself whether this span not when "„Abzocke can be designated "“.

The insurance economy however on measured to designate the accident spare car landlords with far less price discrepancy than "„Abzocker "“and exactly this tries it also damage to talk courts etc. in purchase. To the accident spare car landlord one wants to deny a tariff computation, oriented at the risk, her however differentiates according to risk and like the material example very explained above probably shows with a tariff difference of up to 640%.

This no individual case is, proves also the tariff comparisons represented in the star expenditure 21/2005 under the restaurant column. The star had pointed the tariff differences out in this article.

The following table shows the nevertheless substantial tariff differences, after risk divided (liability insurance with Teilkasko vehicle VOLKSWAGEN gulf III, 60 HP, year of construction 1999, annual road performance 15000 km, no garage): Insurer student, 20 years driving beginner bank purchase woman, 40 years, 1 year accident-free early pensioners, 60 years, 12 years accident-free VHV 2452.00 "€ 811.00 "€ 427.00 "€ HUK Coburg 24 2521.00 "€ 666.00 "€ 394.00 "€ DEVK 2661.00 "€ 828.00 "€ 438.00 "€ Dt. Internet 3332.00 "€ 798.00 "€ 378.00 "€ alliance 2721.00 "€ 848.00 "€ 479.00 "€

Also the BZ - citizen of Berlin newspaper published to 04.11.2005, page 24 an extensive search over insurance rates in their expenditure. Here abysses opened themselves over the premium differences. Why these giants of differences arose, because the insurance economy orients itself according to own data at the risk.

On the basis these numbers it becomes more than clear that the insurance economy with tariffs works, which are oriented at the risk.

Differently such differences in prices cannot be explained also. If it is permitted however the insurance economy "„"“to arrange their tariffs risk-oriented then it may be asked why it may not a car rental service. As already explained the car rental service orients itself during his Tarifgestaltung at the risk and the accident spare car business is now once with the highest risks afflicted likewise and therefore must also the highest tariff economically to the beginning be brought here. Everything else leads to deficit eras an enterprise.

If now the insurance economy (see essay in NZV 1/06 page 13 written from a Mrs. Claudia Griebenow - naturally is you a woman employee of a large insurance with 3 green letters - which is not naturally mentioned in the essay. ) explained that car rental services specialized in the accident spare car business, an inventory protection warranty it does not have, then may ask oneself like it then with the insurance companies looks. If one wanted to follow these wrong considerations, then the insurance would have to change it over immediately tariff things and offer only a uniform tariff, or to stop their activity however immediately. That would be the honest consequence from such remarks. Into truth however the insurance are taking simply and moving only over one - premiums and as high ones ones as possible, but in the case of loss as little as possible not to have to pay at the best one nothing at all. That is the dream of the insurance economy. The insurance economy alone wants to determine, what it is determined to pay and which, it does not only concern this doubtful industry.

The car rental services must pay oriented insurance premiums to the insurance companies likewise at the risk. With which tariff impacts one works here, the example of a large insurance of self driver renting vehicles shows. In the tariff manual of this insurance for self driver renting vehicles specified literal it is with which impacts to be worked is and herein is called:

"„As a rule is the maximum addition from 500% to to compute ...... "“

Even if such impacts could be made by car rental services, then would show itself also by the building complexes. So far no car rental service is well-known, who maintains such buildings of splendors and to executive committees pays such high salaries like the insurance economy.

The car rental services do not have large selection of insurance companies, which insure the risk, on the contrary divide themselves this market a handful of insurance under itself. A genuine competition does not take place thus. It is present a multiplicity of refusal letters by insurance companies, where the insurance protection is rejected of self driver renting vehicles, or is not only at all offered. In addition, that certain car rental services, who co-operate with the insurance economy within the range accident spare letting "„well "“speak in the renting tariffs with insurance companies cooperate, substantially premiums may not be ignored as "„"“as it were to keep thank beautiful.

In the final result these favorable tariffs represent however an indirect subsidization of the renting tariffs with these car rental services. With these favorable renting tariffs different landlords are then confronted and "„forced "“either these rents to likewise use, or however the payment is completely refused consciously kidnapped, those to payment, or the calculation not cooperating car rental services on these "„favorable "“tariffs of the cooperating car rental services is shortened, so that only the way remains remaining over the courts. But exactly with such processes the insurance economy wants to make a further times clear for the damages that it is not worthwhile itself with it to put on and the iurisdiction is in Germany in such a manner without uniformity, more differently can it already any longer go. If the courts would recognize that they are led in all rule by the insurance during these processes "„behind the light "“, then one could arrive at a uniform iurisdiction and the insurance economy would not institute such senseless legal proceedings only any longer. But as long as it creates the insurance economy again and again to present itself in a better light than it is actually the case, it also this non-uniform iurisdiction will so long give.

This behavior with the premiums for cooperative car rental services, was also at that time during the insurance-own car hire Carpartner the case. When undertaking Carpartner was distributed at that time the insurance risk on several insurance companies and thus an indirect subsidization of the rented car tariff over particularly favorable insurance premiums was made. Also with Carpartner the insurance economy pursued only one goal of limiting the price structuring liberty of the commercial accident spare car landlords (see BGH KVR 40/96).

We come again back on the risk tariff.

Exactly like a bank with credits without collateral high interest then an insurance classifies the driving licence beginner under one "„risk tariff "“from almost quadruple height. Exactly the same defraudation of the renting object in the car hire the risks of the loss or, which risk of the damage, the Vandalismussschadens, the demand loss and the operation costs, financing expenses of the rented car costs, Nichtplanbarkeit, increased personnel expenditure, substantial correspondence, wrongly estimated adhesion of the damage is not calculated there - joint liability, immediate availability of the rented car, by the achievement-requiring insurance of up to 6 months and more, damage costs at the rented car no bail, any cost of renting security, Nachbetankungskosten, 24 hours of service, uncertain Mietdauer, uncertain kilometer run achievement during the Mietzeit etc. with the highest risk stage, must.

The calculatory consideration of these risks is falsely called, in truth however is it nothing else as the normal tariff. Because the so-called "„safeguard transfer"”, which the car rental service in the UE-business receives, is a legal technical term and otherwise a to a large extent worthless paper. Because it does not cover the actual risks of this kind of letting approximately. No bank would be ready to lower the credit interests alone because the customer retires it an imaginary demand. No insurance would grant a lower tariff to the driving licence beginner, only because it insures or promises to drive carefully.

Straight one however the UE-business saves the highest risks and therefore requires it also a risk tariff. Exemplarily some are called here:

A) Subjective estimate of the adhesion question by the damage, which leads to it either a partial debt or even the full adhesion with the adjustment is determined. b) It at all did not give accident avowed by "„the damage the "“. C) The alleged damage is not at all owner of the damaged vehicle and the actual owner explains later that it does not agree with renting. D) UE-tenants cause substantially more frequently an indebted accident, which drives the premiums of the UE-landlord among other things up and additionally increased work expended, since no credit card can be loaded. An internal evaluation resulted in that with 10 UE-rentings 5 damage is indebted caused, while in the cash business with 10 rentings only 2 cases of damage are. Possible self participations must lengthily beige-floated to become, since the UE-landlord does not have a bail in form of a credit card voucher as security. e) substantial demand losses caused by a wrong evaluation of the adhesion on the part of the damage, vehicle from the damage beyond repair the end continued using, calculation shortening because of alleged to long repair duration, total calculation loss because it the accident never gave, total calculation loss the accident afterwards as deliberately caused out placed itself there, unauthorized shortening by the insurer, compensation claim at the damage, tank costs. f) substantial additional expenditure of personnel and thus higher personnel expenditure, or costs of a special vehicle for vehicle transport for feed and collection. g) After the payment takes place not immediately when renting, the rented car costs must be invoiced and credited and the entrance of the payments must be supervised. Due to the fact that the insurance economy leaves itself to more time with the reconciliation of the calculation up to 6 months and partly also, an additional expenditure develops to reminders, telephone calls and faxes, up to the reminding or complaint procedure. h) Loss of interest and bridging finance of the rented car calculation i) no collateral by bail deposit e.g. by a credit card and thus also no resort to the credit card account. j) However on the other side a spare vehicle cannot be refused to a damage, only because it no credit card or no other security can offer, because it did not select itself this situation.

At these exemplary enumerating it becomes clear that the UE-market is evenly its own market and in particular a risk market (as also in the Carpartnerverfahren determined see BGH KVR 40/96 and Court of Appeal Berlin Kart 18/95) and concomitantly another price structure in relation to the cash payments tariff economically to have must. All in all "„the accident spare tariff specified in the vernacular presents itself "“as the economically necessary normal tariff and/or risk tariff.

In summary we would like to return again to marketing. An unemployed person may admire Rolex in the shop window, but it goes not into the jeweller's shop and grumbles there over the high prices. Rolex again does not advertise full-page in the picture newspaper, but in the mirror, etc. a Airportbusiness customer does not ask with the UE-landlord for the fleet assortment or the night duty. Therefore we offer our service also not in the Travel magazine, but with the autorepair trade.

RESULT: To the insurance economy it concerns to switch without exception, it unpleasant market participants - here the accident spare car landlord off and to deceive with wrong statements on a case the German courts. Straight ones during these processes on the part of the insurance economy one lies and wrongly spoken which things holds. The goal of these processes is to be fixed it, a rent for accident spare cars, pleasant of the insurance economy, as reference price at the market. Thus the unique situation results in the Federal Republic of Germany that a strange market participant - here the insurance economy - wants to fix their to another branch of market "„desire tariffs "“over the way of the courts. It would be desirable the fact that insurance customers proceeded in similar way against the insurance companies because of their premiums and so that also a reference price for insurance rates could be specified. It would be most interesting, as the insurance economy would react to such judgements.

Strictly taken the constant unjustified calculation shortening represent criminal offence existence, in particular the fraud and the compulsion.

Why If the insurance economy on side an exactly this against you so much fought "„accident spare tariff "“as design fundamentals of the loss of use used and on the other side however stated, this tariff is not corresponding to real market conditions and covered or makes too expensive, then both the car rental service becomes, as well as the damage deception and exactly this conscious deception represents a fraud for the disadvantage of the car hire and damages. (see appraisal Professor Dr. Dr. h.c. Harro Otto, Lehrstuhl for criminal law, law of criminal procedure and philosophy of law at the University of Bayreuth)

Compulsion With the sequential calculation shortening the insurer wants to reach that the car rental service proceeds over to his money to come against the own customer. This gets around itself fast and the customers is missing or the car rental services bends themselves and deals with the price dictation of the insurance economy, in order not to lose its potential customers. (see appraisal Professor Dr. Dr. h.c. Harro Otto, Lehrstuhl for criminal law, law of criminal procedure and philosophy of law at the University of Bayreuth)

In the accident spare car business economically higher prices are necessary, result also from the appraisal of Mr. Professor Dr. Wolfgang Meinig, petrol Friedrich university Bamberg, management economics, especially automobile economy of the 24.Oktober 2005 and from the neutral collection of the DEKRA automobile GmbH, central association German motor vehicle trades and professors Neidhard and Kremer of 28.10.2005. To the same result also the Kontor management consultation Dr. Ulrich Bielefeld comes in June 2005.

Also Mr. Professor Dr. Helmut and Dr. Christian Alexander come in your legal opinion from February 2006 to the result that the accident spare tariff is to be refunded to the damage. Mr. Professor Dr. is chair owner of the legal faculty of the Ludwig Maximilian university in Munich.

In the meantime on behalf the respective courts due to the new BGH different economical appraisals are finished posed iurisdiction. From all the past appraisals clearly that the accident spare tariff mentioned in the vernacular is economically necessary and disproved through it the insurance economy this circumstances tightened the constant wrong statements on a case Versicherungswirtschaft.Nachdem, changes a particularly fleisige Aufsatzschreiberin of a large insurance (one may speak here confidently of a Hardlinerin) follows in addition, into a technical periodical for public and swore in expert an essay to publish, which holds only the one-sided opinion of this insurance. If one reads this essay more exactly, then for a adept reader the impression remains not saved to be disconcerted it probably an attempt is with this essay expert to affect and/or to intimidate if in this essay the speech of claims for damages against the expert goes among other things because of allegedly wrong appraisal. Also this shows again once that the insurance economy can be only over one, only that to pay to have according to which them straight too is.

All in all, the insurance economy does not have a lobby, small and medium-size car rental service has, but is this Wirtschaftschaftsmacht simple and moving delivered. That will be able be done until also the last accident spare car landlord here and are there without exception small and medium-size enterprises, from the market disappeared, which is the trust of the insurance economy remains also a few supraregional can a damage also without rented cars manages it requirement on financial paying off of the non--use of its Kfz. This is called loss of use.

Articles in category "Accident spare tariff"

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