Rental Contract Conditions - Self-drive Rental Vehicles "Motorhomes

 

1.Payment

The rental price is based on the agreements in the rental contract. Upon conclusion of the contract, an advance payment of 30 % in the amount of the anticipated final price, but at least EUR 400.00, is due. The agreed rental price as well as costs for contractually agreed ancillary services must be received in the Lessor's account at least 30 days before the start of the rental period. The date of receipt, not the date of transfer, is decisive. A deposit of EUR 1500.00 must be paid in cash to the lessor at the latest when the vehicle is handed over. In the case of short-term bookings (less than 30 days until the start of the rental period), the deposit and rental price are due immediately. The hirer may only offset against the lessor's claims with undisputed or legally established claims.

2. Default of the tenant

If the tenant is in arrears with the payment of the rent or with the deposit, the landlord shall be entitled to the

The Hirer shall have a right of retention over the hired vehicle even if the Hirer has not paid the hire charge in full or paid the security deposit. The Hirer shall remain obliged to pay the hire charge even if the Rental Firm exercises its right of retention.

3. Default of the landlord

If the Lessor is unable to provide the rented vehicle at the agreed time of handover, he is entitled to provide a replacement vehicle of the same or a higher category. If this is not possible, the lessee may withdraw from the contract or claim damages for non-performance. There shall be no claim for damages against the lessor unless the lessor has acted with intent or gross negligence.

4. Withdrawal of the tenant from the contract

4.1 If the Hirer withdraws from the contract, the following cancellation fees are due immediately: if the Hirer withdraws up to 30 days before the start of the journey: the full hire charge, if more than 30 days before the start of the journey: 50% of the hire charge. In the event of non-collection through no fault of the hirer, the full rental price is due and the hirer is no longer entitled to the vehicle.

4.2 We recommend that you take out travel cancellation insurance! (possible in our house)

5.General assignment

The lessee may not grant any rights to the rented vehicle to a third party (e.g. rent, lease) nor assign any rights under the rental agreement.

6. Handover and return of the vehicle

6.1 Handover and return of the rental object shall only take place on the Lessor's premises.

6.2 If the Hirer is unable to take possession of the vehicle at the agreed time and informs the Rental Firm of this in writing, the Rental Firm shall endeavour to rent the rental object to another party. Any costs incurred as a result shall be reimbursed by the Hirer, but not in excess of the amount of the cancellation charges. If the vehicle is only partially rented to a substitute hirer during the rental period agreed with the hirer, this rental period shall be deducted. If further costs, such as ferry charges and the like, have been incurred by the lessor, these shall be reimbursed in full.

6.3 The Hirer is obliged to return the vehicle on time (at the time specified in the contract) in proper condition.

condition. The return can only take place during the business hours of the lessor. If the rental period is exceeded, compensation shall be paid. This amounts to EUR 30.00 for each hour or part thereof of the first day of the overrun. For each further day one day's rent plus a surcharge of 30% from this. It is calculated until the actual return, at the longest until the replacement of the vehicle lost or damaged through gross negligence or intent. Any further proven damage suffered by the Lessor shall be reimbursed. The Hirer is free to prove that the Rental Firm has suffered no damage or significantly less damage (see 13.).

6.4 The vehicle shall be returned cleaned inside and out, with a full fuel tank, emptied waste water tank and emptied toilet.

6.5 If the vehicle is worn or soiled beyond the contractual use (e.g. tar stains, soiled upholstery, stains etc.), this is not covered by the contractually agreed service flat rate. Costs incurred in this respect shall be borne by the hirer as a flat rate charge: for emptying the waste water tank in the amount of EUR 40.00, for emptying the toilet in the amount of EUR 90.00, for cleaning work not covered by the service flat rate, an hourly charge in the amount of EUR 45.00. A one-off charge of EUR 20.00 plus the respective diesel costs shall be made for vehicles that are not filled up. For the time during which the above-mentioned work is carried out, a flat-rate damage charge of EUR 30.00 per hour may be made. In this respect, the hirer is free to prove that the lessor has incurred no damage or significantly less damage. Further compensation for damages remains unaffected by this. Damage caused to the interior of the vehicle shall be borne 100% by the Hirer.

7. Termination without notice

The lessor is entitled to terminate the rental agreement without notice or to retain the rental object if the lessee or a driver named in the rental agreement is not in possession of a valid driving licence and a valid

identification document. This shall not apply insofar as the Hirer can prove that a passenger is in possession of a valid driving licence or a valid identity document. In this case, the rights and obligations of the Hirer under this contract remain unaffected.

8. Restrictions on use / use contrary to contract

The lessee is prohibited from using the vehicle for motor sport events, for testing purposes, for commercial long-distance passenger or goods transport, for general commercial or commercial-like purposes as well as for other illegal purposes, even if they are only prohibited under the law of the place of the offence. The lessee shall be liable to the lessor for any damage caused by the use in breach of the contract.

9.Liability of the renter for drivers

The lessee is prohibited from using the vehicle for motor sport events, for testing purposes, for commercial long-distance passenger or goods transport, for general commercial or commercial-like purposes as well as for other illegal purposes, even if they are only prohibited under the law of the place of the offence. The lessee shall be liable to the lessor for any damage caused by the use in breach of the contract.

10.Insurance of the vehicle

Der Vermieter versichert das Fahrzeug auf eigene Kosten gemäß den jeweils geltenden Allgemeinen Bedingungen für die Kraftfahrtversicherung(AKB) mit einer Vollkaskoversicherung bei einer Selbstbeteiligung von EUR 1.500,00, Teilkaskoversicherung bei einer Selbstbeteiligung von EUR 1.500,00. Für von der Teilkaskoversicherung gedeckte Schäden, insbesondere Steinschlag, haftet der Mieter in Höhe des vereinbarten Selbstbehaltes von EUR 1.500,–,  wenn und soweit die Versicherung zur Regulierung des Schadens verpflichtet ist und der Schaden nicht vom Vermieter verursacht wurde. Bei mehreren Schadensfällen erhöht sich der Selbstbehalt jeweils um die oben genannten Beträge entsprechend den AKB des Versicherers.

11.Deposit

11.1 If the vehicle is returned in perfect condition, the deposit will be refunded immediately.

11.2 In the event of damage, the security deposit shall serve to cover the excess and shall be retained by the Owner.

11.3 The deposit for the excess shall also be retained by the Rental Firm if, in the event of liability damage, the other party to the accident or its insurance company does not pay compensation.

11.4 The security deposit shall also be retained by the Lessor in the amount of the repair costs proven by the Lessee if there is a dispute between the contracting parties as to the necessity of the repair.

11.5 In the event of damage, the Rental Firm shall first make a claim against the vehicle insurance to cover the damage. Insofar as it justifiably refuses to cover the damage, in particular in the event of intentional or grossly negligent dealings on the part of the Hirer, the Hirer shall be liable for all vehicle damage and ancillary damage, in particular towing and recovery costs, as well as for the Hirer's loss of earnings until the vehicle has been manufactured or replaced.

11.6 The Hirer shall be at liberty to prove that no damage or only a significantly smaller amount of damage has occurred.

12.Loss of components of the rental property

The Hirer shall compensate for any damage caused by the loss of vehicle keys, vehicle documents or other accessories.

13.Duties of the tenant

3.1 The Hirer shall comply with existing legal provisions in Germany and abroad, in particular customs regulations.

comply with. He/she shall ensure compliance with customs formalities. Special note for Swiss nationals: When importing the rental vehicle into Switzerland, an advance notice must be completed. If the Lessor suffers damage due to non-compliance with these regulations, the Lessee must compensate the Lessor.

13.2 The vehicle must be treated with care, the dimensions of the vehicle and any accessories must be observed, and transported objects and loads must be properly secured.

13.2.1 In the event of seizure, attachment and the like by a third party, including state authorities, the Hirer shall notify the Rental Firm thereof in writing without delay. The third party shall be notified thereof in writing.

13.2.2 Fines and penalties etc. shall be paid by the Tenant himself and immediately. Notices of payment received by the Lessor after the rental period shall be reimbursed by the Lessee to the Lessor immediately upon receipt.

13.2.3 In the event of an accident, fire or theft, irrespective of its extent, the Hirer must immediately call the police. Furthermore, he/she must draw up a sketch of the accident and note down the names, addresses of the persons involved and the registration numbers of the vehicles involved. All information must be true. If the Lessor fails to call in the police, the Lessee shall be liable for the damage incurred in accordance with the principles that apply in vehicle insurance with regard to the insurer's exemption from benefits in the event of a subsequent breach of obligations by the policyholder. The Lessee's right to prove that the Lessor has suffered no or less damage remains unaffected. The same applies in the event of theft and fire of the

rented property. In the event of accidents, fire or theft, the hirer must inform the lessor immediately, furthermore

additionally upon return of the vehicle. If the hirer fails to do so, he shall be liable to the lessor for any damage incurred as a result. The hirer's right to prove that no damage or only significantly less damage has been incurred remains unaffected.

13.3 If the Hirer is responsible for an accident due to gross negligence or wilful misconduct, the Hirer shall be liable for the damage incurred if de

landlord or the insurer prove gross negligence or intent or the insurer does not bear the damage. This applies to contracts with and without insurance. The compensation also includes the loss of rent for the duration of the repair in the amount of at least one day's rent for each day or part thereof, insofar as the Lessor can prove the loss and the loss of profit.

13.4 The Hirer is advised to insure himself/herself against costs incurred in the event of an accident or other damage by means of a foreign insurance policy and, if applicable, ferry insurance. The operating instructions of the rental vehicle must be observed. The instructions contained therein shall become part of the contract. If the hirer violates the instructions in the operating manual, he/she must compensate for any resulting damage.

13.4.1 In case of repairs: The Rental Firm must be notified prior to all repairs. Necessary minor repairs up to an amount of € 100.00 each must be commissioned by the Hirer immediately after discovery of the damage in an authorised workshop (depending on the manufacturer of the vehicle) after approval by the Rental Firm. For repairs exceeding the above-mentioned amount, the Lessor's consent must be obtained in any case. If such repairs are carried out without the Lessor's consent, the Lessee shall bear the costs of the repair and any transfer costs incurred, insofar as these are higher than the usual costs for this. See regarding the deposit for this.

13.4.2 Replaced parts must be presented to the Rental Firm when the vehicle is returned. Upon presentation of the invoice receipt, the Lessor shall reimburse the Lessee for the repair costs incurred. They will not be reimbursed if the repair was caused by improper handling of the vehicle or if the Hirer does not present the replaced parts. Moreover, reimbursement can only be made if the repair invoice/receipt presented is made out to the Lessor's company.

3.4.3 For the proven duration of a repair, the Hirer is exempt from paying the rent. Exemption from the obligation to pay shall not apply if the Lessor and the Lessee agree that the rental period shall be extended by the repair period. Such an agreement may be made in writing, by telephone or by e-mail.

13.4.4 Any claims for damages by the Hirer against the Rental Firm are excluded in the event of a defect in the vehicle, unless the Rental Firm is guilty of intent or gross negligence. The Hirer must present a valid driving licence and valid identification papers of himself or a passenger when handing over the vehicle. The Hirer must inform the Rental Firm without being asked if he or a passenger has lost his driving licence since the conclusion of the rental contract.

14.Trips abroad

Foreign travel within Western Europe is possible. Eastern European countries require the prior consent of the lessor. Journeys to war and crisis areas are prohibited.

15.Non-smoking vehicles

15.1 All motorhomes are non-smoking vehicles. Smoking is therefore not permitted in the entire vehicle, either in the driver's cabin or in the living area.

15.2 In the event of proven violations, the rental agreement may be terminated without notice and the Hirer may be charged with the costs incurred for ventilation or for the elimination of smoke contamination, including any downtime costs due to the temporary inability to rent the vehicle.

16.Liability of the lessor

For all damage not covered by the insurance, the lessor is liable for property damage and financial loss only for intent and gross negligence. Liability is only up to the amount of the rent paid.

17.Limitation

The limitation period for claims of the landlord begins with the return of the rented property, for claims of the tenant with the termination of the tenancy.

18.Place of performance and jurisdiction

18.1 The place of performance shall be the Lessor's registered office.

18.2 For all present and future claims arising from the business relationship with fully qualified merchants, including cheques and bills of exchange, the exclusive place of jurisdiction shall be the Lessor's registered office; the same shall apply if the contractual partner is a legal entity under public law or a special fund under public law. The same place of jurisdiction shall apply if the lessee does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or if his place of residence or habitual abode is unknown at the time the action is brought.

19. Effectiveness of the provisions

Insofar as a provision of these terms and conditions is invalid, this shall not affect the validity of the remaining provisions.

Rental Contract Conditions - Self-drive Rental Vehicles "Motorhomes

Status: May 2022

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