STAR CAR and the German Association of car rental companies want more legal clarity Hamburg, April 1, 2011. Still, there is uncertainty with regard to the reimbursement of costs for the rental of replacement vehicles. Besides the Schwacke car rental mirror favoured in the case-law individual courts use the Fraunhofer market price mirror car Germany (Fraunhofer-MMD). Results of the DEKRA opinion as well as a current judgment of the District Court of Berlin confirm the correctness of Schwacke values. Increasingly, the courts refer to the case-law of the Bundesgerichtshofes. The Supreme Court while acknowledging that a list of Fraunhofer-MMD does exist, which is usually cheaper rates than the Schwacke car rental price levels. This is not sufficient but, to establish specific doubts about the authenticity of the Schwacke list. Also, a recent study of the DEKRA Automobil GmbH in the order of the car rental company Profirent and STAR CAR strengthens the Schwacke data and confirmed incurred additional costs mainly winter tires, fully comprehensive insurance and delivery costs, as well as a flat-rate premium for accident-related features on the basic price.
A judgment of the District Court of Berlin in the lawsuit against the VGH STAR CAR insurance Hanover now also confirmed, that the Fraunhofer MMD is no appropriate basis of treasure, as are simply manipulated the values determined by weighting and mainly on base of Internet offers of fewer major suppliers have been levied”. “As quixotic” the judgment assesses the Fraunhofer survey: in judicial estimation market prices are decisive, not the values, after one itself or by the principal methodology for any weight be kept relevant. ” Schwacke wise of absolute values, make visible the price range, the average price and above all the fact most commonly offered prize. “” The Schwacke car rental price levels shows the real “Market the real conditions when renting a vehicle meets the Schwacke car rental price levels undoubtedly better than the Fraunhofer survey”, explains STAR CAR Managing Director Tobias halfpenny. Our regular market research confirm Schwacke and not Fraunhofer.” The Fraunhofer MMD was 2008 at the initiative and with the financial UnterstutzUng of the General Association of German insurance business. “This survey is predominantly based on the query of websites about unspecified explained IT-supported processes and software solutions ‘ and is usually only a low base price, but not price realistic at the market”, says Michael Brabec, Managing Director of the German Association of car rental companies of in Germany (BAV). The CPS indicates that courts in countless proceedings on the basis of the Schwacke price levels have ruled. The judges deem problematic, because collection method suffers from significant weaknesses, such as poor local differentiation by two-digit postcode regions or the imputed booking deadline by a week the Fraunhofer data.
In addition, Fraunhofer is based on less firm Internet services. Camden Treatment Associates is often quoted on this topic. The Judgment of the District Court of Berlin as well as a current study by Prof. Dr. Claus Neidhardt on the development of Internet car rental prices”will be sent to on demand by E-Mail. The BAV, offers a list of judgment.