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General Terms & Conditions

In all contractual relationships between CamperBoys GmbH and natural persons, other companies, legal entities under public law or special funds under public law, these General Terms and Conditions of CamperBoys GmbH ("GTC") shall apply exclusively - unless otherwise regulated. The provisions shall apply accordingly to pre-contractual relationships.

Terms of contract

General

The object of the contract is exclusively the renting of a vehicle (VW camping bus, motorhome or comparable) with standard interior fittings and corresponding camping equipment.
Between lessor and lessee a lease contract comes about, to which the right of the Federal Republic of Germany finds application exclusively .
The vehicles are rented exclusively for private purposes, such as holiday trips, for participation in sporting events or the like. To the extent permitted by law, the provisions of this contract shall prevail, supplemented by the statutory provisions on the lease of property. Removals of any kind are strictly forbidden.
The lessee uses the vehicle on his own responsibility and organizes his journey by himself. The lessor shall not owe any travel services, not even the totality of travel services. The statutory provisions on the package travel contract, in particular §§ 651a-mBGB (German Civil Code), apply neither directly nor correspondingly to the contractual relationship.
All agreements between the lessor and the lessee are to be made in writing, verbal collateral agreements are invalid.
The subject matter of the rental agreement is also the handover records to be completed and signed in full by the lessee and the lessor upon acceptance and handover of the vehicle with their respective contents.

1. CamperBoys GmbH and the contract

1.1 The CamperBoys GmbH is a German company, represented by the managing directors Paul Pizzinini and Andreas Mall, each authorized to represent alone, who rent the vehicles, as well as booked accessories over an agreed period of time to lessees.
1.2 The CamperBoys GmbH has its registered office at:
Werinherstraße 2
81541 München
Court of registry: Amtsgericht Munich
Number of registry: HRB 167888
Phone: +49 (0)8141 396 3000
E-mail: info@off-campers.com
1.3 Individual provisions of the tenancy agreement agreed with the lessee and recorded in writing shall take precedence in individual cases over these General Terms and Conditions.

2. Conclusion of the contract, parties to the contract

2.1 The contract is concluded when the lessee and the CamperBoys GmbH agree on the conclusion of a contract in electronic form by offer and declaration of acceptance (order confirmation) by e-mail, fax or via the website of the CamperBoys GmbH or by combination of these declaration ways.
2.2 Any legal entity and natural person who is legally and contractually capable may be a lessee within the meaning of this agreement to the extent that it can assume the obligations of the agreement.
2.3 In case of doubt, the general terms and conditions (GTC) of CamperBoys GmbH have priority over other GTCs of third parties, which could apply to the present rental contract.

3. Rental object

3.1 CamperBoys GmbH provides the lessee with the vehicle specified in the booking confirmation. Should the rented vehicle not be available at short notice, CamperBoys GmbH is entitled to provide an equivalent vehicle for the fulfillment of its obligation, as far as the lessee cannot assert a justified interest in an extraordinary cancellation of the contract.
Depending on the vehicle individual additional equipment is available and optionally bookable against a surcharge. Additional equipment must be expressly agreed on in written form. The agreement of the additional equipment shall be confirmed by CamperBoys GmbH in text form (in writing or by e-mail).
Further information can be found on the vehicle details page of the Off homepage.
3.2 The vehicle is handed over with a full tank. The engine is filled with sufficient engine oil.
3.3 The following insurances exist for the vehicle:
Insurance coverage is included in the rental vehicle. The rental vehicle is covered by liability and fully comprehensive insurance. The coverage of the liability insurance is 100 million €. The deductible of the lessee of the fully comprehensive insurance is 1500€ per damage. Partial comprehensive damage requires a deductible of the lessee of 500€ per damage. Young drivers under 23 years of age have a deductible of 2500€ per damage in case of fully or partially comprehensive damage. The lessee has the possibility to reduce the deductible amounts in different benefit packages - offered by the rental company on the Off website in the conditions section. The reduction of liability/the deductible is limited exclusively to hull damage and only as long as there is no breach of obligation defined in the the booking confirmation. In this case, the lessee is also liable for the full amount of the damage. Damage to the awning, the interior of the vehicle or the are not comprehensive damage and must be borne 100% by the lessee. Damage to the awning, the interior of the rental vehicle or the pop-up roof including roof tent caused by operating errors is also not covered by the exemption from liability.There is no insurance coverage for damage to the vehicle caused during the use of ferries or car trains. All costs for damages caused on the respective means of transport are to be borne by the lessee. The lessee is obliged to report ferry and other transport damages to the lessor.
The above-mentioned limitations of liability shall also not apply in the case of damage caused by non-traffic-related use or by intentional or grossly negligent causation (e.g. by taking alcohol or drugs), by non-observance of the passage width and passage height, by the load on the vehicle, by overloading (exceeding the permissible total weight) or by over-revving the engine or driving with too low an oil or water level. This also includes driving on unsuitable or unpaved roads. Damages resulting from this are to be borne in full by the lessor.

4. Rental period

4.1 The rental period extends from the agreed time of handover until the final return of the vehicle, stated with the online booking.
4.2 In case of delayed return exceeding one hour we charge 50€ compensation. Every additional hour will be charged with 50€ per started hour. If your delay causes damage to the next lessee, you will additionally have to pay the sum of indemnity of the following rent.
4.3 The ordinary termination of the rental contract, in particular before the start of the contract, is excluded. The right to extraordinary termination, the right to contest the contract or to withdraw from the contract in accordance with the statutory provisions shall remain unaffected by this. An extraordinary right of termination shall be based in particular, but not exclusively, on the breach of the duties of the lessee specified in Section 14.

5. Authorized vehicle driver

5.1 When handing over the vehicle, the hirer must present a valid driving license, a valid means of payment as well as a valid identity card or passport, at least in Germany (for journeys abroad for the respective countries), required for driving the vehicle. If the lessee cannot present these documents when handing over the vehicle, CamperBoys GmbH reserves the right to withdraw from the rental contract; claims of the lesee due to non-fulfillment are excluded in these cases. Any costs incurred by the lessor up to that point, or any loss of profit or any other damage resulting from the rescission, shall be reimbursed by the lessee.
5.2 The vehicle may only be driven by the hirer or by the driver specified within the pickup protocol. The lessee is liable for the fault of the additional driver named by him.
5.3 The lessee and/or driver can only be someone who is at least 18 years old and has at least 1 year of uninterrupted driving experience with a comparable motor vehicle, but at least one passenger car.
5.4 If several lessees have become contractual partners, they shall be jointly and severally liable.
5.5 Unauthorised drivers are persons who do not meet the requirements of this section; they are not authorised to drive the vehicle. A violation of this regulation entitles the lessor to immediate withdrawal or immediate termination of the contract.
The lessee is liable for any damages incurred as a joint and several debtor.
5.6 The unauthorized driver is not covered by insurance or additional services offered by CamperBoys GmbH. Coverage is then provided exclusively within the scope of statutory liability insurance (indispensable insurance cover).

6. Treaty area

6.1 The territory in which the vehicle may be driven is the territory of the European Union, the United Kingdom, Switzerland, Liechtenstein, Norway and the former Yugoslavia. In case of questions the lessee can contact the CamperBoys GmbH customer service on +49 (0)8141 396 3000.
6.2 On request, the contract territory can also be extended by individual contracts. The agreement must be made in writing.
6.3 The lessee is responsible for familiarizing himself with the country-specific laws, in particular traffic and regulatory regulations and toll obligations. This applies in particular to the proper equipment and technical specifications of the vehicle. The lessee is liable to CamperBoys GmbH for violations of these obligations. The CamperBoys GmbH has in the case of the claim as a vehicle owner e.g. by fine and warning fines an exemption claim against the lessee for such breaches of contract.

7. Transfer

7.1 The vehicle, the registration certificate Part I/vehicle registration certificate and a key shall be handed over to the lessee at the agreed place of delivery ready to drive. The vehicle is fully refueled, tested with all operating fluids and cleaned inside.
7.2 The lessee is obliged to inspect the vehicle before handing it over. On the occasion of handing over the vehicle, a handover protocol to be signed by CamperBoys GmbH and the lessee will be drawn up in which all obvious defects and complaints, as well as the speedometer status, are to be recorded. Defects asserted later by the lessee can no longer be considered.
7.3 In some cases it may happen that bicycle racks are mounted on the rented vehicle – although they have not been expressly booked by the lessee – in order to maintain the smooth progress of the rental business. The lessor is not obliged to dismantle the bicycle carrier.

8. Return

8.1 The rental agreement ends upon expiry of the rental period agreed upon in the rental agreement. If the lessee continues to use the vehicle after expiry of the agreed rental period, the rental relationship shall not be deemed to have been extended. § 545 BGB does not apply, not even analogously.
8.2 If the return time is exceeded by more than one hour, the lessee is obliged, without prejudice to any further liability, to pay compensation for the period of exceeding the time limit, i.e. one day’s rent per day if the time limit is exceeded by 1 hour to 6 hours. The lessee has the right to prove that CamperBoys GmbH has suffered no or less damage.
8.3 The lessee is obliged to return the vehicle to CamperBoys GmbH at the end of the rental period with a full tank of fuel, cleaned inside and in an operational condition at the place of delivery at the agreed return time. Registration certificate part I/vehicle license and key must be returned to CamperBoys GmbH.
8.4 If the lessee violates his obligation to clean in whole or in part, a cleaning lump sum of at least 100 euros shall be due. If the lessee does not return the vehicle with a completely filled fuel tank, CamperBoys GmbH will take over the refueling. For this additional service, CamperBoys GmbH demands an expense allowance of 19 Euro in addition to the fuel costs incurred.
8.5 Upon return, the hired object shall be inspected in the presence of the hirer, whereby the result of the inspection shall be recorded in a return protocol to be signed by both parties. If damage is found which is not listed in this contract or in the handover protocol, it is assumed that the hirer is responsible for the damage, unless the hirer proves that the damage already existed when the vehicle was handed over. In the event of damage, the lessor shall invoice the damage within 14 days of the return of the vehicle. If hidden damages, e.g. due to external contamination, are not recognizable during the inspection of the vehicle, the unobjected return of the vehicle does not lead to a negative acknowledgement of debt by the lessor.
8.6 If the lessee does not return the vehicle or the vehicle key – even through no fault of his own – to CamperBoys GmbH at the end of the agreed rental period, CamperBoys GmbH is entitled, for the duration of the withholding, to demand a fee as compensation for use at least in the amount of the previously agreed rental fee; the right to assert further damages is reserved.
8.7 Furthermore, CamperBoys GmbH reserves the right to file a criminal complaint with the responsible authorities for all conceivable legal reasons in the event of non-notification of a delayed return.
8.8 If the vehicle is returned at an earlier time, there is no entitlement to reimbursement of part of the rental costs.

9. Damage to the vehicle

9.1 If, during the term of the rental agreement, damage has occurred to the vehicle which did not exist when the vehicle was handed over or which was not recorded in writing in the handover protocol, the lessee shall bear the costs of repair.
9.2 If damage is detected when the vehicle is returned in the presence of the lessee and the lessee confirms that the damage was caused by signing the return protocol, one of the following regulations will apply depending on the extent of the damage:
Damage, in particular substantial damage, or damage that impairs the return of the rented vehicle and a subsequent further rental and/or entails a temporary standstill for repair, shall be settled on the basis of cost estimates from a German contract workshop or by the Lessor's own specialist personnel using standard software for calculating damage (SilverDAT) and on the basis of the cost structure of a contract workshop at the Lessor's registered office. Any further liability due to lost profits, loss of use, towing costs, expert fees, etc. remains unaffected.
9.3 In case the ban on smoking is ignored 500,00€ of the deposit are withheld to compensate for the loss of value and to carry out a professional removal of smoker residues.
9.4 Tyre damage: Tyre damage occurring during the rental period is the responsibility of the lessee unless it can be proved that it was caused before the vehicle was taken over or a corresponding liability reduction package was booked by Off. Any costs incurred for the towing service or the fitting of the tyres do not have to be borne by the Hirer if the Volkswagen mobility guarantee or the puncture protection specified in the rental documents has been notified. Material costs, such as tyres, must be paid by the lessee. The spare wheel may not be mounted on the vehicle by the lessee, but only by a towing or breakdown service.
9.5 Stone chips in windows: Stone chips in windows will be repaired or replaced depending on size and location. The proportionate costs of the partial coverage claim (deductible 500.00 € or depending on the liability reduction package) shall be borne by the lessee.
9.6 Improper filling of the water tank – Regulation in the event of incorrect filling of the water and diesel fuel tanks: The water system cannot be cleaned if diesel fuel has been improperly filled into the tank. It must be completely replaced. This applies to tanks, boilers, pumps, taps and pipes. The costs are to be borne by the lessee in full. The hirer is also liable for any resulting damage to the vehicle and accessories.
9.7 Damage to the awning – In order to avoid damage to the awning, the following must be observed: The awning must never be extended in strong wind or rain and must never be left unattended when extended. The use of a car wash is generally forbidden. The cost of a new awning with installation must be borne by the lessee if this is not the case. These can exceed the deposit amount.
9.8 In order to contribute to damage reduction, the lessee is obliged to first clarify, in cooperation with the lessor, whether services such as hotel accommodation, replacement vehicle (car), vehicle pick-up, rail return etc. are to be obtained via the concluded cover letter insurance. Insofar as such services are sufficient, they serve to relieve the lessor.
Off only warrants the services of the letter of protection, all other costs are borne by the lessee.

10. Pricing

10.1 The lessee must pay CamperBoys GmbH the rent agreed in the rental agreement. The duration and day of the rental have an influence on the pricing.
10.2 The rental price includes the provision of the vehicle for the rental period specified in the rental agreement. Also covered are the costs for maintenance, technical maintenance and wear-and-tear repairs as well as the agreed insurance cover. The prices published on www.off-campers.com at the time of the conclusion of the contract include VAT (19%).
10.3 A one-off service fee of 95 Euro is due for each rental. This must be paid together with the rental price.
10.4 Furthermore, the rental includes (i) motor vehicle liability insurance, (ii) partial coverage insurance, (iii) fully comprehensive insurance, (iv) European cover letter, (v) emergency management service.
10.5 The costs for fuel, necessary lubricants (engine oil), as far as necessary, as well as for any necessary internal cleaning shall be borne by the lessee.
10.6 Additional services and products can be booked for an additional charge in accordance with the price list for additional services.
10.7 Open payments have to be transferred to the following account.
Account holder:
CamperBoys GmbH
IBAN: DE42430609671174830500
BIC: GENODEM1GLS
Intended use: Invoice number
10.8 Discounts of the CamperBoys GmbH can not be combined.
10.9 An invoice in electronic form (by mail) is automatically agreed upon payment.

11. Cancellation or change of booking

11.1 Cancellation up to 60 days before the agreed start of the rental period is free of charge. The entire deposit amount will be refunded by CamperBoys GmbH.
11.2 In the event of a cancellation between 60 days and 48 hours before the agreed start of the rental period, the Hirer shall receive a voucher for the full down payment amount. The value voucher has a validity of 3 years. A payment of the voucher is excluded.
11.3 In the event of cancellation less than 48 hours prior to the agreed start of the rental period, the full total rental price including the price for agreed extras shall be payable to CamperBoys GmbH. There shall be no entitlement to a rebooking or a value voucher.
11.4 In the event that the rented vehicle is not collected at the agreed time without notification, the rent already paid shall be retained in full unless the lessee proves that CamperBoys GmbH has incurred no or lower costs as a result of the non-collection. In the event that no rent has yet been paid, claims for damages shall remain unaffected. Saved expenses shall be taken into account.
11.5 If the rental vehicle is returned prematurely before the agreed return date, the full rental price agreed in the rental agreement shall nevertheless be paid. The Lessor does not agree to automatically convert the rental relationship into a rental relationship continued for an indefinite period.
11.6 Equipment already booked cannot be cancelled separately from a booking. Costs for equipment such as bike racks or pick-up and drop-off service will not be refunded in case of cancellation.
11.7 Special provisions with the booked product `Off guide`:
With the return of the completed questionnaire for individual route planning, a free cancellation is no longer possible. In this case the following conditions will apply in case of cancellation of the camper:
- up to 60 days before the agreed start of the rental period for the product `Off guide` cancellation costs in the amount of 100%.
- between 60 days and 48 hours before the agreed start of the rental period for the product `Off guide` cancellation costs in the amount of 100%. These will be deducted from the value of the voucher.
11.8 The following conditions apply to the cancellation vouchers:
  • They are valid for 3 years from the date of issue.
  • After cancellation of a booking paid for with a cancellation voucher, the expiration date of the original cancellation voucher shall apply to the cancellation voucher issued thereupon.
  • Cash payment of the voucher value is not possible.
  • The current prices and terms and conditions at the time of booking apply, there is no claim to the original rental price.
  • A resale of the cancellation vouchers is not permitted.

12. Deposit

12.1 To secure CamperBoys GmbH’s claims arising from the rental relationship, the lessee shall pay CamperBoys GmbH a security deposit in the amount of EUR 1500 in (words: Euro one thousand five hundred). The deposit shall be paid by credit card upon handover at the latest. The rented vehicle will not be handed over without the deposit. The lessee has the possibility to reduce the amount of the deposit in different service packages – offered by the lessor on the Off website in the section Conditions.
12.2 The deposit shall be refunded after termination of the rental relationship if the vehicle is returned in the condition stipulated in the contract and the rental agreement no longer includes claims, in particular special flat rates.
12.3 When the vehicle is handed over at the beginning of the rental period, any existing damage to the vehicle shall be recorded in writing and the written record shall be handed over to the hirer. The deposit will be refunded non-cash by bank transfer after return of the vehicle in the contractually owed condition within 4 to 6 weeks.
Liability of the lessee for defects or damages caused by them, concealed or hidden, which due to their nature can only be determined by the lessor after the fact, remains reserved. The general legal requirements apply here.

13. Conditions of the vehicle, impairments of use, repairs

13.1 CamperBoys GmbH hands over the vehicle to the lessee in a usable and roadworthy condition.
13.2 The vehicle is cleaned inside and outside.
13.3 The exact condition of the vehicle results from the handover protocol to be drawn up jointly by the lessee and CamperBoys GmbH when the vehicle is handed over and from the return protocol when the vehicle is returned. These protocols shall form an integral part of this agreement.
13.4 If repairs are necessary during the rental period to maintain the operational and traffic safety of the vehicle, the lessee may only carry out the repair himself or commission such repair orders if CamperBoys GmbH has expressly agreed to this in writing or if the anticipated costs do not exceed 50€. Repair costs will only be reimbursed upon presentation of proper receipts unless the lessee is liable for the repair itself. The time spent by the lessee on repairing or repairing the equipment himself shall not be remunerated.
13.5 If the lessee detects a defect in the vehicle which considerably restricts the usability of the vehicle and makes repairs on a larger scale necessary, he must inform CamperBoys GmbH immediately. If the defect cannot be remedied immediately by a short-term repair, both parties have the right to terminate the contract without notice. The lessee remains obliged to pay the agreed rent until the defect occurs.
13.6 In the event of an impairment of the vehicle service, which prevents the lessee from continuing the journey, CamperBoys GmbH provides emergency management. In such cases, the emergency management is to be contacted under the telephone number: +49 (0) 8141 396 3000 or the hotline of the manufacturer communicated by CamperBoys GmbH.

14. Duties and obligations of the lessee

14.1 The lessee is obliged to handle the vehicle carefully and professionally, to observe all relevant regulations and technical rules for use, in particular the regular inspection of it for sufficient engine oil level, AdBlue® level, water level and tyre pressure, as well as, among other things, the due inspections and to check regularly whether the vehicle is in a roadworthy condition and to lock the vehicle properly. Corresponding measures, such as refilling the engine oil, must be duly taken over by the lessee. The suitability of the engine oil to be refilled must be taken into account (only 5W30 Longlife III). If the wrong fuel is used or the wrong engine oil refilled, the hirer is liable for the costs incurred by towing the vehicle and/or repairing the damage. Furthermore, the lessee must pay attention to the warning lamps display in the vehicle and take the necessary measures in accordance with the operating instructions. In case of doubt the lessee has to contact CamperBoys GmbH at +49 (0) 8141 396 3000.
14.2 The lessee, as well as the driver(s) named by him, is/are exclusively entitled to drive the vehicle and may not hand over the vehicle to third parties, unless CamperBoys GmbH gives its prior written consent.
14.3 The CamperBoys GmbH must be notified immediately of any defects and damages, accidents and thefts etc. that have occurred on the vehicle. In case of theft of the vehicle, the lessee or the driver(s) is/are obliged to provide CamperBoys GmbH immediately with a copy of the criminal complaint together with the vehicle keys and the vehicle documents, if these were not also stolen.
14.4 The lessee may only use the vehicle within the geographical borders of Europe and in non-European areas belonging to the European Union (EU). Outside these limits, there is no insurance cover in motor vehicle insurance (in particular comprehensive cover). If the lessee wants to use the vehicle in other countries and areas, prior written consent of CamperBoys GmbH is required. In this case, CamperBoys GmbH undertakes to provide an appropriately extended insurance cover.
14.5 The rental vehicle must be cleaned inside (swept, vacuumed and wiped) and handed over to the lessor by the lessee. The lessor shall be responsible for any further interior and exterior cleaning.
Any cleaning costs incurred for heavy soiling, e.g. on the upholstery, on the interior ceiling or interior walls will be retained from the deposit and charged with a minimum special cleaning flat rate of 200€, whereby the lessee is permitted to prove that no damage was incurred at all or that the damage was significantly lower than the special cleaning flat rate. Likewise, the renter has to bear the costs of an exterior cleaning in case of very heavy soiling (e.g. mud).
If the rental vehicle is not properly cleaned inside (swept, vacuumed and wiped) handed over, a special cleaning fee of 100€ will be charged, whereby the lessee is allowed to prove that damage has not occurred at all or is significantly lower than the special cleaning fee.
14.6 The lessee is obliged to protect the vehicle against overloading in every way. Especially the lessee commits to sticking to the traffic regulations of the respective countries. Driving is only allowed with a closed and secured gas bottle. In principle, the vehicle may only be used on public roads. In particular, the use for the following purposes is excluded:
  • participation in car races and similar drives for motor sport purposes
  • for vehicle tests or driving safety training courses
  • participation in off-road drives
  • carriage of highly flammable, toxic or dangerous substances or products that violate applicable laws
  • driving school exercises
  • for the transport of passengers for hire or reward
  • for subletting
  • the commission of customs offences and other criminal offences, even if these are punishable only by the law of the place where the offence is committed
  • use of the vehicle to pull or push another vehicle or trailer, unless the total weight entered in the vehicle documents is observed and the rental vehicle is equipped with an appropriate trailer coupling
  • transport of live and dead animals. Necessary special cleaning costs are to be borne by the lessee. These costs are calculated according to actual expenditure, but are charged at least with a flat rate of € 500. The lessee has the right to prove that no damage has occurred or that the actual expenditure is less than the flat rate
  • transport of persons or goods with a weight, quantity and/or volume exceeding the maximum values entered in the vehicle documents
  • transport of the vehicle on board an aircraft
  • uses that go beyond the contractual use.
14.7 The lessee assures that he will not drive the vehicle if he is not in a roadworthy condition, in particular, but not exclusively, not under the influence of alcohol or other intoxicating substances, but also in a roadworthy condition due to, for example, illness or fatigue.
14.8 The lessee and the driver are obliged to make sure, that the car is locked and the – possibly available – anti-theft device is activated, at all time when the vehicle is parked or unattended.
14.9 The vehicle must not be damaged by driving into water, by contact with salt water, by driving through flooded areas, by driving in sand or on dirty streets.
14.10 The lessee is obliged to properly secure the cargo so that it does not cause any damage to the vehicle and does not pose any risk to the passengers. The applicable statutory regulations on load securing must be observed. The lessees are liable to CamperBoys GmbH for all consequences resulting from the violation of the above obligations. Failure to do so may affect a possible claim for damages against the lessee.
14.11 When renting vehicles with an AdBlue® tank, the lessee must ensure that the AdBlue® tank is always sufficiently filled. The lessee, the driver(s) and their vicarious agents shall be liable without limitation for breaches of the above obligation committed during the rental period; the lessee shall indemnify the lessor against all claims asserted by the authorities or other third parties against the lessor for failure to refuel the AdBlue® tank, in particular from fines and warnings. The lessee takes over a full Adblue tank at the beginning of the journey. The lessee is obliged to check the AdBlue® tank regularly and to ensure that the AdBlue® tank is properly refilled at his own expense in the event of warning signals flashing. If a vehicle stops in case of non-observance of the warnings and thus causes further damage, the lessee is solely responsible for this and has to bear the costs.

15. Data processing in the vehicle

15.1 All vehicles of CamperBoys GmbH are equipped with technology that makes it possible for CamperBoys GmbH to determine the position of the vehicle. The lessee agrees that CamperBoys GmbH may collect, store or use GPS coordinates and speed data or issue the order to do so if the vehicle is not returned within the agreed rental period. The collection, storage and use of the data is solely for the purpose of protecting the vehicle fleet and the contractual rights of CamperBoys GmbH. CamperBoys GmbH may be obliged to surrender this data due to orders issued by governmental authorities.
15.2 The vehicles of CamperBoys GmbH are equipped with information and communication systems such as navigation devices and cell phone systems as standard equipment to the greatest possible extent. As a result of the use of a navigation device, the navigation data entered during the rental period may be stored in the rented vehicle. If mobile phones or other devices are connected to the rental vehicle, data from these devices may also be stored in the rental vehicle. By offering these systems, CamperBoys GmbH does not pursue the purpose of collecting personal data of the lessee and driver. Before returning the vehicle at the end of the rental period, the lessee or driver is obliged to reset the vehicle's information and communication system to factory settings and thus delete all collected personal data from the navigation devices and cell phone systems.

16. Liability

16.1 In addition to this contract, the handover protocol shall be decisive for the contractually agreed quality. The lessee has checked that the vehicle corresponds to his desires and needs before conclusion of the contract.
16.2 The strict liability of CamperBoys GmbH for initial defects and negligence according to § 536a Abs.1, Alt.1 BGB is excluded. The liability of CamperBoys GmbH for intent and gross negligence remains unaffected.
16.3 The lessee notifies CamperBoys GmbH immediately of any defects and explains in writing the detailed circumstances of the occurrence. Otherwise, a fine of 1000€ may occur for the lessee.
16.4 The vehicle is insured in accordance with section 1.4. In the event of willful or grossly negligent destruction, damage or willful or grossly negligent destruction of the vehicle, the lessee must compensate the damage. Several lessees are jointly and severally liable.
16.5 CamperBoys GmbH does not assume any liability for items brought in by the lessee or his fellow travelers, or by the driver(s), which are left behind in the rental object upon return. This does not apply in the case of intent or gross negligence on the part of CamperBoys GmbH, its representatives or vicarious agents.
16.6 In all other respects, the statutory provisions on liability for defects shall apply subject to the General Terms and Conditions.
16.7 CamperBoys GmbH charges a handling fee of 19,00€ for the handling of a traffic violation committed by the lessee (e.g. excessive speed, illegal parking) or a criminal offense.
16.8 The lessee is responsible for all toll charges incurred – either on-site or in advance by bank transfer. For trips to Norway, Denmark, Ireland, Hungary, Portugal and the UK, the lessee undertakes to inform himself in advance at www.autopass.no about the terms of payment. Furthermore, the lessee is obliged to register online at www.epcplc.com/rental beforehand. The vehicle registration plate can be added to the registration after the vehicle has been handed over. For Sweden, the lessee must register with www.epass24.com in advance. In the event of non-compliance, we charge a handling fee of € 19.00 for each request for payment.
16.9 In case of loss of the vehicle license, CamperBoys GmbH charges an amount of 200€.

17. Limitation of liability

17.1 The CamperBoys GmbH pays compensation for futile expenses, no matter for which legal reason (e.g. from legal and similar contractual obligations, material and legal defects, breach of duty and tortious act), only to the following extent:
  • The liability for gross negligence with intent is unlimited.
  • In the case of simple negligence, liability shall be limited to damages which are based on a slightly negligent breach of essential duties which endangers the achievement of the purpose of the contract, or on a slightly negligent breach of duties the fulfilment of which is essential for the proper performance of this contract and on the observance of which the customer may regularly rely. In this case, however, liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract. Any further liability of CamperBoys GmbH in cases of slight negligence is excluded.
  • In all other respects, the liability of CamperBoys GmbH is excluded regardless of its legal basis, unless CamperBoys GmbH is liable by law, in particular because of injury to life, body or health of a person, assumption of a guarantee, fraudulent concealment of a defect or under the Product Liability Act. Any further liability of CamperBoys GmbH, in particular with regard to a possible loss of work or production, is excluded.
17.2 CamperBoys GmbH has the right to raise an objection of contributory negligence.

18. Behaviour in the event of traffic accidents and offences

18.1 If, while using the vehicle, the hirer is at fault or not at fault involved in a traffic accident, game damage, fire or similar, he must immediately ensure that the course of the accident or damage is recorded by the police. This shall also apply if the rented vehicle was slightly damaged and also in the case of accidents for which the lessee is responsible without the cooperation of third parties. The lessee must refrain from making an acknowledgment of debt.
18.2 In addition, the lessee must provide CamperBoys GmbH with a standardized European accident report including an accident sketch, if applicable. The lessee must also record the names and addresses of all parties involved and witnesses in writing. If the accident has been recorded by the police, the lessee must also provide the address of the responsible police authority, the name of the responsible investigating officer and the associated file number.
18.3 The statutory liability regulations shall apply. The lessee is not liable if CamperBoys GmbH obtains compensation for the damages incurred by the other party to the accident, other third parties involved in the accident or from the existing comprehensive insurance or otherwise.
18.4 The lessee shall be liable for all damage to the vehicle caused by operating errors, overloading or breach of other obligations under section 14 of this contract during the rental period. The lessee is equally liable for damages caused by his relatives, workers, employees, co-drivers or other third parties who have come into contact with the vehicle through the lessee's fault, insofar as he culpably omits to make the necessary statements about the person and the object for the enforcement of any claims for compensation by CamperBoys GmbH. The lessee is also liable if the damage is only discovered after the vehicle has been returned. The CamperBoys GmbH must prove in this case that in the meantime the vehicle was not operated by him or a third party.
18.5 The lessee or driver must take all measures that are useful and conducive to the clarification of the damage event. This includes in particular that they must answer the lessor’s questions regarding the circumstances of the damage event truthfully and completely and must not leave the scene of the accident before it has been possible to make the necessary and, in particular, significant findings for the lessor for the assessment of the damage event or without enabling the lessor to make them.
18.6 A handling fee of 49€ will be charged for the handling of any damage of any kind incurred during the rental period which has to be handled by CamperBoys GmbH.

19. Final provisions

19.1 The lessee may only offset claims that are undisputed by CamperBoys GmbH or have been legally established. The lessee shall only be entitled to a right of retention or the defense of non-performance of the contract with regard to undisputed or legally established counterclaims arising from this contractual relationship.
19.2 This contract shall be governed exclusively by German law.
19.3 The registered office of CamperBoys GmbH is agreed as the place of jurisdiction if the lessee does not have a general place of jurisdiction abroad or if he moves his residence or habitual abode abroad after conclusion of the contract or if his place of residence or habitual abode is not known at the time of filing an action, furthermore if the lessee is a legal entity of the special fund under public law or a registered trader.
19.4 All agreements shall be recorded in writing. This also applies to ancillary agreements and assurances as well as subsequent changes to the contract. In particular, the cancellation of the written form requirement shall require the written form. For the acceptance of the contract by CamperBoys GmbH, however, the transcription of the contract text without a handwritten signature is sufficient.
19.5 Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, that which the parties would have agreed in good faith in accordance with the original intended purpose from an economic point of view shall apply. The same shall apply in the event of a contractual gap.
19.6 The lessee agrees that his personal data collected by CamperBoys GmbH may be processed and stored by CamperBoys GmbH for processing, consulting and information purposes. CamperBoys GmbH undertakes not to pass on the data to third parties, excluding the respective credit institution of the lessee in order to transfer back the paid deposit, as well as an external order processing service provider. CamperBoys GmbH shall forward personal customer data to the external order processing service provider for the sole purpose of determining the driver and the obligation to notify in the event of an administrative offense. The latter is entitled to forward personal data to the relevant authority.
19.7 The General Terms and Conditions handed over to the lessee form an integral part of this rental agreement.
19.8 The place of jurisdiction for all disputes arising from this contract is Fürstenfeldbruck.