Rental agreement conditions
§ 1 Scope, Definitions
1. scope of application
These GTC apply to all business relations between the Lessor and the Lessee. The GTC of the Lessor shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the lessee shall not become part of the contract, even if the lessor is aware of these terms and conditions. Anything to the contrary shall only apply if the Lessor expressly agrees to the validity of these terms and conditions upon conclusion of the contract. In particular, the General Terms and Conditions of the Rental Firm shall also apply exclusively if the Rental Firm hires out the motorhome to the Hirer without reservation in the knowledge of the Hirer's General Terms and Conditions.
For the purposes of these T&Cs:
Consumers: Natural persons who conclude the contract for a purpose that is predominantly neither attributable to their commercial or self-employed professional activity.Entrepreneurs: Natural or legal persons or persons and companies with legal capacity with whom the lessor enters into business relationships and who thereby act in the exercise of their commercial or self-employed professional activity.Hirers: Both consumers and entrepreneurs who rent motorhomes from the lessors.Lessor: Motorhome Rental Haug.Price List: The current price list valid at the time of the conclusion of the rental contract, eizusehen auf der Seite, nowcamping.de.
§ 2 Subject matter of the contract
The subject of the contract between the lessor and the lessee is exclusively the rental of a motorhome by the lessee from the lessor (rental contract) with the rights and obligations agreed in the rental contract and the GTC. By concluding the rental contract, the Hirer receives the right to use the motorhome to the agreed extent for the agreed rental period. The rental contract ends with the expiry of the agreed rental period. An extension of the rental period is only possible with the express consent of the Lessor in text or written form. The tacit extension of the lease by continued use of the leased property (Section 545 of the German Civil Code (BGB)) is excluded even without a declaration of the intention opposing the extension. By concluding the tenancy agreement, the landlord obtains a claim against the tenant in particular for payment of the agreed rent as well as for compliance with all other obligations of the tenant regulated in the agreement, including the landlord's GTC. The rental contract is not a travel contract within the meaning of §§ 651a et seq. of the German Civil Code (BGB). In particular, the hirer arranges his own journeys and overnight stays. The provision of travel services, in particular a totality of travel services (travel) is not owed by the lessor. The statutory regulations on the travel contract therefore do not apply.
§ 3 Authorised drivers, presentation of documents, permitted uses, journeys abroad and to war zones
1. authorised drivers
A motorhome may only be driven by the hirer and the drivers specified in the rental contract who meet the following requirements (authorised drivers):In the case of motorhomes with a permissible total mass of up to 3.5 tonnes: The hirer of a motorhome as well as the drivers specified in the rental contract must be at least 21 years of age when taking over the vehicle and have been in possession of a driving licence of the class required for the rented motorhome (e.g. class III or B) valid in Germany for at least 3 years.For motorhomes with a total permissible mass of over 3.5 tonnes: The hirer of a motorhome and the drivers specified in the rental contract must be at least 25 years of age when taking over the vehicle and have been in possession of a driving licence valid in Germany for at least three years in the class required for the rented motorhome (e.g. class III or C1).
2. submission of documents
Before handing over the motorhome, the Hirer must present a domestically valid driver's licence required to drive the motorhome for each driver specified in the rental contract, as well as his valid identity card or passport; these will be photographed. If the Hirer is unable to present the required documents for himself/herself and/or individual specified drivers at the agreed handover date, the specified driver(s) shall be deleted from the Rental Contract as drivers at the request of the Rental Firm. The entitlement of these drivers shall cease with their deletion from the rental agreement. A deletion shall not affect the Lessor's entitlement to the agreed hire charge. If the Hirer is unable to present the required documents for himself/herself and all other specified drivers on the agreed handover date, the Rental Firm shall be entitled to terminate the Rental Contract without notice for exceptional reasons after the unsuccessful expiry of a reasonable period of grace set by him/her. If the Lessor terminates the rental contract without notice after the fruitless expiry of the grace period, claims of the Hirer for non-fulfilment are excluded; in addition, the regulations on extraordinary termination without notice for which the Hirer is responsible (§ 7 item 2) apply. If the handover of the motorhome is delayed due to documents not being submitted in time, the Hirer shall bear the resulting costs. If the Hirer's address/registered office changes between the conclusion of the hire contract and the complete execution of the hire contract, the Hirer must inform the Rental Firm of the new address without delay and without being asked to do so.
3. use of the motorhome
The motorhome may only be used on public roads. The motorhome must be treated with care and in accordance with the relevant regulations and technical rules for use. The operating instructions/manuals must be observed. The Hirer must lock the motorhome properly during an absence. The regulations, load provisions, vehicle dimensions (height, width, length) and technical rules relevant to use must be observed. The Hirer is obliged to regularly check the operational readiness and roadworthiness of the motorhome. In particular, he/she shall monitor the oil and water levels as well as the tyre pressure and AdBlue and correct them if necessary. In particular, the motorhome may not be used for motor sport purposes, in particular driving events in which the aim is to achieve a maximum speed, or during the associated practice drives,for vehicle tests or driving safety training,for other purposes which lead to excessive stress on the motorhome, for driving school exercises,for commercial passenger transport,for further rental,for hire,for the commission of criminal offences, even if these are only punishable under the law of the place where the offence is committed and for the transport of highly flammable, toxic or otherwise dangerous substances. Smoking in the motorhomes is prohibited, they are non-smoking vehicles.
4. journeys abroad and to crisis/war zones
The hirer/driver must inform himself/herself independently about the traffic regulations and laws of the countries visited with the motorhome during the rental period and of the transit countries and comply with the traffic regulations applicable in each case. The Hirer is only entitled to drive the motorhome abroad within Europe. As an exception to this principle, journeys to Bulgaria, Greenland, Iceland, Romania, Russia, Turkey, Ukraine, the Canary Islands, Madeira or the Azores are not permitted. If the Hirer wishes to travel to these countries or to non-European countries, he/she is only permitted to do so with the prior express consent of the Rental Firm. The hirer is always prohibited from travelling to crisis and war zones.
§ 4 Rental price, service charge, deposit and other costs
1. rental price
The rental price to be paid by the tenant to the landlord is regulated in the rental contract and is generally based on the price list valid at the time the contract is concluded. The rental price is calculated per night. The price per night may vary depending on the season in which the respective night falls. In addition to the rental, only the costs for vehicle insurance (cf. § 11) and for maintenance and wear-and-tear repairs are covered by the rental price, unless expressly agreed otherwise between the Lessor and the Hirer in writing or in text form. The extent to which kilometres driven are included in the rental price can be taken from the price list valid at the time of conclusion of the contract. Not included in the rental price are, in particular, fuel costs, tolls, parking, camping, parking space and ferry fees, fines and other penalties as well as other operating costs. These costs shall be borne exclusively by the hirer. If the Hirer returns the motorhome before the expiry of the agreed rental period, he/she shall pay the full contractually agreed rental price. If the Hirer does not return the motorhome to the Rental Firm by the date agreed in the Rental Contract, the Rental Firm shall be entitled to demand compensation for the duration of the withholding as compensation for use at least in the amount of the previously agreed rental charge. This shall also apply if the Hirer is not at fault for the delayed return. The Lessor reserves the right to claim further damages.
2. service charge
A one-off service fee is charged for each rental. The service flat rate includes thorough instruction in the operation of the motorhome, handover of the motorhome in a ready-to-use condition and the filling of a propane gas bottle. The amount of the service charge can be found in the price list valid at the time of conclusion of the contract.
The tenant is obliged to deposit a sum of money with the landlord as security for the fulfilment of his obligations (deposit). The amount of the deposit is stated in the price list valid at the time of conclusion of the contract. The Rental Firm will refund the deposit to the Hirer upon proper return of the motorhome (cf. § 10) after final settlement of the rental contract. If the Hirer has to bear additional costs over and above the rent owed and the flat-rate service charge, these will be offset against the deposit. If the motorhome is damaged when it is returned, the lessor is entitled to retain the deposit until the amount of the damage/repair costs and the obligation to bear the costs have been clarified. Additional costs may be incurred in particular for cleaning work, additional kilometres, refuelling, damage and due to insurance deductibles in the event of damage.
4. other costs
Other costs for the Hirer shall be incurred in particular in the following cases: If the Hirer drives the motorhome more than the maximum number of kilometres agreed in the Rental Contract, he/she will be charged 30 cents per additional kilometre driven. If the Hirer returns the motorhome to the Rental Firm without first having cleaned the interior and exterior of the vehicle, the Rental Firm will charge the Hirer a cleaning fee for cleaning the interior of the vehicle. The same applies if the Hirer returns the motorhome without first having sufficiently cleaned the toilet and the waste-holding tank. The flat rate to be paid by the Hirer for cleaning the interior and exterior of the vehicle and for cleaning the toilet and the waste-holding tank is stated in the price list valid at the time of conclusion of the contract. The Rental Firm shall hand over the motorhome to the Hirer in a fully fuelled condition and the Hirer must return it with a full tank. If the Hirer does not return the motorhome with a full tank of petrol, the Rental Firm will charge the Hirer the costs for filling up the motorhome with petrol, according to the petrol receipt, as well as a flat rate of € 30. Damaged or missing items will be charged to the Hirer if the Hirer is responsible for the damage or loss. Further costs to be borne by the hirer, in particular fees and charges, may also arise from the respective current price list.
§ 5 Booking and booking changes
A rental contract for a motorhome (booking) is only and exclusively concluded when the lessor and the hirer have both signed a rental contract. A booking applies exclusively to a motorhome category, not to a specific vehicle type. There is no entitlement to a specific floor plan. The lessor is entitled to change the hirer's booking to a motorhome of equal or higher value while retaining the agreed conditions. If the Rental Firm offers the Hirer a motorhome from a more favourable category and the Hirer accepts this, a rental price difference between the two motorhomes will be refunded.
2. booking changes
The rental period agreed in the rental contract is binding. If the hirer wishes to change the agreed rental period, this can only be done under the following conditions: the lessor agrees to the booking change in writing or in text form, the hirer has notified the lessor of his wish to change at least 60 days before the agreed start of the rental period, the lessor has corresponding free capacities, the desired new rental period is in the same calendar year as the booked one and the desired new rental period corresponds in scope to the booked one. However, the hirer has no legal claim to a change of booking. The anticipated rental price calculated according to the booking data must be received free of charge at the latest 14 days before the start of the rental period in an account of the Lessor to be made known to the Hirer, cf. § 6 No. 2.
§ 6 Terms of payment and default in payment
The tenant is obliged to pay the landlord a deposit on the agreed rental price. The down payment amounts to 30 % of the rental price. The tenant's deposit must be received by the landlord within 7 bank working days of the signing of the rental agreement by the landlord and tenant. If this deadline is exceeded by the tenant, the landlord is entitled to terminate the rental agreement extraordinarily and without notice after the expiry of a reasonable grace period. Further details are set out in § 7 No. 2.
2. rental price
The remaining rental price owed by the Hirer, the agreed service charge, as well as other payments owed by the Hirer under the Rental Contract must be received in full by the Rental Firm no later than 30 days before the agreed date for handover of the vehicle.
The deposit (see above § 4 item 3) must be paid by the Hirer to the Rental Firm before taking possession of the vehicle. In the case of short-term bookings (less than 30 days to the rental date), the rental price is due immediately.
4. default of payment
If the tenant defaults on his payment obligations, interest on arrears shall be charged in accordance with applicable statutory provisions.
§ 7 Withdrawal, revocation and termination as well as cancellation conditions and consequences of non-utilisation of the service
1. revocation and withdrawal of the tenant
It is pointed out that a general right of withdrawal and revocation of the tenant is not provided for by law for rental agreements. In particular, it is pointed out that a right of withdrawal pursuant to Section 355 of the German Civil Code (BGB) in accordance with Section 312g (2) (9) of the German Civil Code (BGB), inter alia, does not exist for motor vehicle rental if the contract provides for a specific date or period for the performance. However, insofar as the Hirer is nevertheless actually entitled to a statutory right of cancellation or withdrawal in individual cases, this shall remain unaffected by these GTC.
2. termination of the tenancy agreement
The tenancy agreement is concluded for a fixed period of time and ends at the time of the agreed return date without the need for termination of the tenancy agreement (fixed term). The right of the tenant and the landlord to terminate the tenancy agreement properly is excluded. The right of the Tenant and the Landlord to terminate the Tenancy Agreement extraordinarily and without notice for good cause shall remain unaffected. In particular, the Lessor is entitled to terminate the rental agreement without notice for good cause if:the Hirer fails to make an agreed payment or provide a security deposit even after a reasonable period of grace set by the Lessor has elapsed;the Hirer is unable to produce the required documents for himself and all other drivers specified in the rental agreement when taking over the vehicle even after a reasonable period of grace set by the Lessor has elapsed (§ 3 no. 2);Force majeure or other circumstances for which the Rental Firm is not responsible make it impossible to fulfil the contract;A motorhome has been culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of use;the purpose or the reason for the rental is unlawful or there is a breach of material obligations and duties of the Hirer. In the latter case, however, termination shall only be permissible after the unsuccessful expiry of a reasonable deadline set for remedial action, unless the setting of a deadline obviously does not promise any success or immediate termination is justified for special reasons, taking into account the interests of both parties. The justified extraordinary termination by the Lessor shall not give rise to any claim for damages on the part of the customer. In the event of termination up to 30 days before the start of the rental period, the lessee shall pay 100% of the rental price to the lessor and from 31 days before the start of the rental period 50% of the rental price to the lessor. *** Translated with www.DeepL.com/Translator (free version) ***
3. cancellation conditions
The landlord grants the tenant the right to cancel his booking under the conditions described below: The date of the written receipt of the cancellation declaration by the lessor shall be decisive for the calculation of the amount of the cancellation fee to be paid by the lessee.Cancellation up to 31 days before the start of the rental period against payment of 50% of the rental price (cancellation fee), but at least 200,-Euro to the lessor.Cancellation 30 days before the start of the rental period against payment of 100% of the rental price (cancellation fee) to the lessor.A cancellation shall only be effective if the lessee declares it in text or written form to the lessor.
4. non-use of the motorhome
If the Hirer does not make use of the motorhome and has not effectively exercised his right of cancellation, and if there is also no statutory right of withdrawal or termination on the part of the Hirer, and if the Rental Firm does not agree to a cancellation of the contract, the Rental Firm shall retain the claim to the agreed rental price despite not making use of the motorhome.
§ 8 Replacement motorhome
If the motorhome is destroyed through no fault of the Hirer or if it can be assumed that the use of the motorhome will not be possible for an unreasonably long period of time as a result of a defect/damage for which the Hirer is not responsible, the Rental Firm reserves the right to provide the Hirer with a comparable or larger motorhome. If the Lessor provides an appropriate replacement motorhome within a reasonable period of time, the Hirer shall have no right to terminate the rental agreement in this respect. If the Hirer incurs higher ancillary costs as a result of the replacement vehicle, such as ferry or toll charges and operating costs, these shall be borne by the Hirer. Insofar as legitimate interests of the Hirer are opposed, he may refuse to accept a larger motorhome as not being in accordance with the contract. If the Rental Firm offers the Hirer a replacement motorhome from a more favourable category and the Hirer accepts the offer, the Rental Firm shall reimburse any difference in rental price between the two motorhomes.
§ 9 Obligations of the tenant, conduct in the event of accidents and damage
1. obligations of the renterThe motorhome may only be driven by the renter himself/herself or by the driver(s) specified in the rental contract. Anything else applies only in an emergency. The Hirer is obliged to inform the Rental Firm of the names and addresses of all drivers of the vehicle and to provide a copy of their driving licence and identity card. The Hirer is obliged to inform all drivers of the validity of the General Terms and Conditions. Before handing over the motorhome to an authorised driver, the Hirer must ensure that the driver is in a roadworthy condition and is not subject to a driving ban. When leaving the motorhome, it must be secured against theft using the existing devices, in particular it must be locked and the steering wheel lock must be engaged. The papers and keys for the motorhome must be carried by the Hirer when leaving the vehicle and must be protected against unauthorised access. The hirer may not make any technical or visual changes to the motorhome. Pets may be taken along. When taking along persons, in particular children up to 12 years of age, § 21 StVO must be observed and complied with by the Hirer and the respective driver.
2. the tenant's behaviour in the event of accidents and damage
In the event of accidents or fire, theft or other damage, the Hirer/Driver must immediately call the police and inform the Rental Firm. In the event of accidents (including those not involving third parties), the Hirer/driver must remain at the scene of the accident until he/she has fully complied with his/her obligation to clarify the facts of the case within the framework of the statutory provisions (in particular § 142 of the Criminal Code - StGB). If the police refuse to investigate the accident, the Hirer shall provide the Rental Firm with appropriate evidence of this. In addition, the Hirer shall immediately inform the Rental Firm in detail in writing in the form of a report about the course of events and the consequences of an accident or damage event. This also applies to minor damage. The report must in particular contain the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved. The Hirer is not entitled to make any acknowledgements to third parties regarding an accident/damage event. Other minor damage to the motorhome must be reported to the Rental Firm at the latest when the motorhome is returned.
§ 10 Handover and return of the motorhome
When handing over and taking back the motorhome, the Rental Firm and the Hirer must jointly check the vehicle and the accessories (in particular for presence, damage, operational readiness, fuelling and cleanliness) and complete and sign a handover or return protocol in which the corresponding findings are to be documented. The Lessor reserves the right to assert claims for hidden damage even after signing the return protocol. The Hirer undertakes to return the motorhome at the contractually agreed time, cleaned inside and out and in accordance with the condition recorded at the time of handover (according to the handover protocol) and, unless otherwise agreed, during the usual business hours, which are announced by notice in the Rental Firm's business premises. The motorhome is handed over to the Hirer with a full tank and is to be returned by the Hirer to the Rental Firm with a full tank. In the event of a breach of the obligation to return the vehicle, several Hirers shall be liable as joint and several debtors. If the Hirer fails to comply with his obligation to return the vehicle even after a further express request to do so or if he cannot be contacted by the Rental Firm, the Rental Firm reserves the right to file a criminal complaint. Any costs arising from this shall be borne by the lessee, unless he is not responsible for the breach of the return obligation.
§ 11 Insurance of the motorhome
The insurance of the motor home complies with the general conditions for motor vehicle insurance (AKB). The insurance includes third-party liability insurance in accordance with the applicable general conditions for motor vehicle insurance (AKB) with unlimited coverage for property damage and financial loss, for personal injury up to a maximum of € 8 million, as well as corresponding comprehensive insurance with a deductible of a maximum of € 1,500 per claim.
§ 12 Defects and repair
If a defect/damage to the motorhome occurs during the rental period, the Hirer may order repairs that become necessary to ensure the operational and road safety of the motorhome during the rental period up to a price of € 150.00 without further ado; larger repairs may only be ordered from a specialist workshop with the consent of the Rental Firm. The Lessor shall bear the repair costs on presentation of the original receipts and the replaced parts, unless the Hirer is liable for the damage in accordance with § 13. This provision does not apply to tyre damage. If a defect for which the Lessor is responsible leads to the necessity of such a repair and the Lessee does not have it repaired independently, the Lessee shall notify the Lessor of the defect without delay and grant a reasonable period of time for the repair. In the event of country-specific circumstances (e.g. infra-structure) which delay the repair, the period shall be extended accordingly.
§ 13 Liability, limitation period
1. liability of the landlord
The Rental Firm shall be liable for all damage insofar as cover exists under the insurance policies taken out for the motorhome. If damage is not covered by the insurance, the Rental Firm, its employees and its legal representatives and vicarious agents shall be liable exclusively as follows: In the case of damage to property and financial loss, liability shall be limited to intent and gross negligence, unless a material contractual obligation has been breached. In the event of a breach of material contractual obligations, liability in the case of simple negligence shall be limited to the amount of the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and the observance of which the Hirer relies on and may rely on.The limitation of liability shall not apply in the event of injury to life, limb or health or other cases of mandatory statutory liability.The Rental Firm shall not be liable for items belonging to the Hirer which the Hirer does not take with him on return of the motorhome.
2. liability of the tenant
The Hirer shall be liable to the Rental Firm, in particular for damage to or loss of the motorhome, as follows:In the event of damage to the motorhome caused by slight negligence or in the event of its loss, the Hirer shall be liable during the agreed rental period per claim up to the contractually agreed insurance deductible.In the event of damage caused intentionally by the Hirer, the limitation of liability to the agreed deductible shall not apply. If the tenant has caused the damage during the rental period through gross negligence, the amount of the tenant's liability up to the amount of the total damage shall be based on the severity of the tenant's fault. The limitation of liability to the contractually agreed deductible shall also not apply if:the Hirer or the driver to whom the Hirer has left the motorhome absconds from the scene of the accident without permission; the Hirer intentionally or through gross negligence fails to call the police in the event of an accident, unless the breach of duty had no influence on the determination of the cause of the damage or the amount of the damage. In the aforementioned cases, the tenant shall also be liable to the landlord in the event of gross negligence to an extent corresponding to the severity of the fault up to the amount of the total damage. For damage covered by the partial comprehensive insurance, in particular stone chips, the Hirer shall be liable to the amount of the agreed deductible of EUR 1,500 if and insofar as the insurance company is obliged to settle the damage and the damage was not caused by the Rental Firm. If the Hirer is in default with the return of the motorhome, the Hirer shall be liable from the beginning of the default in accordance with the statutory provisions.In the event of all damage not covered by the insurance (for example, nail/screw driven into the tyre or traffic offences) as well as after the expiry of the agreed rental period, the Hirer shall be liable in full in accordance with the general statutory provisions. The hirer shall be liable for damage to the motorhome or to third parties caused by the animals brought along in accordance with the statutory provisions. The Hirer undertakes to fully indemnify the Rental Firm for all fees, charges, fines and penalties incurred during the use of the rented vehicle for which the Hirer is responsibleThe Hirer shall in particular be fully liable for all breaches of traffic and regulatory regulations and other statutory provisions as well as for all disturbances of possession caused by the Hirer or third parties to whom the Hirer surrenders the vehicle. The lessee shall indemnify the lessor against all fines and warnings, fees and other costs levied by the authorities or other bodies on the lessor in connection with such violations. As long as the question of guilt remains unresolved, the Lessor is entitled to retain the deposit. *** Translated with www.DeepL.com/Translator (free version) ***
§ 14 Data protection, processing and use and vehicle location
The Lessor collects, processes and uses personal data of the Hirer and the driver for the purpose of fulfilling the Rental Contract as the responsible body within the meaning of the German Data Protection Regulation (DSGVO) in conjunction with the German Federal Data Protection Act (Bundesdatenschutzgesetz).The Lessor may transmit this data to contractual partners and to other commissioned third parties (e.g. collection agencies) insofar as this is necessary for the fulfilment of the Rental Contract. In addition, personal contract data may be transmitted to third parties, in particular to competent authorities, insofar as a legal obligation exists or this is necessary to protect the legitimate interests of the lessor or a third party, in particular to prosecute criminal offences, and there is no reason to assume that the legitimate interest of the lessee or driver in the exclusion of the transmission outweighs this. If the motorhome is equipped with a tracking system, the Rental Firm is entitled to determine the position data of the motorhome and to locate and immobilise the motorhome in the event of an alarm (theft, robbery, sabotage, violation of entry restrictions). The Rental Firm shall use this data exclusively for the purpose of locating and immobilising the motorhome in the event of an alarm.
§ 15 Final provisions
The place of performance is the registered office of the lessor or the agreed rental station.Amendments to the general terms and conditions of hire and additional agreements must be made in writing by both parties in order to be effective, insofar as they concern verbal agreements in the run-up to and at the time of the conclusion of the contract. Declarations by third parties have no influence, in particular no binding effect on the rental relationship between the lessor and the lessee.German law applies exclusively to the contract concluded between the lessor and the lessee. The provisions of the rental agreement, including the rental terms and conditions, shall have priority; the statutory provisions shall apply in addition and in the alternative.Should a provision be or become void, the validity of the other provisions shall remain unaffected.If the lessee is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of business of the lessor shall be agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode outside Germany after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought.
General Terms and Conditions of Haug Motorhome Hire. Status 01/2023