Kernrechtsfrage
Whether the insured had to contribute 25% to the replacement costs of the prematurely unusable scooter under Art. 6(2) OMAI.
Extrahierter Entscheid
Yes. Repeated use of the scooter on unsuitable forest paths amounted to grave negligence and justified an appropriate contribution to replacement costs.
Extrahierte Begründung
Frequent breakdowns and their nature showed that the use was not careful or adapted. A person in the same situation would have altered the usage habits to avoid foreseeable damage.