General Terms & Conditions for the Camper Subscription

Preamble

These terms and conditions apply to all contracts between
CamperBoys GmbH,
Werinherstraße 2
81541 München
(hereinafter referred to as "lessor")
&
a consumer within the meaning of § 13 BGB or an entrepreneur within the meaning of § 14 BGB
(hereinafter referred to as ´Tenant`)
via
the rental of a vehicle (camper, motorhome or comparable) with standard interior fittings and corresponding camping equipment (hereinafter referred to as ´Rental Item`) for a minimum period of 2 months up to a maximum of 12 months.
The Lessor merely provides the vehicle for the agreed rental period, the Lessor does not owe any travel service. The lessee uses the rental vehicle personally and on his own responsibility.

Conditions for the Camper subscription

§1 Areas of application

1. All agreements between the lessor and the lessee must be made in writing; verbal collateral agreements are invalid. In particular, the cancellation of the written form requirement must also be in writing. Individual provisions of the rental agreement agreed with the lessee and set out in writing shall take precedence over these General Terms and Conditions in individual cases.
2. In case of doubt, the General Terms and Conditions (GTC) of the lessor shall take precedence over any other GTCs of third parties that may apply to the present lease agreement.
3. The subject matter of the rental agreement also includes the handover protocols to be completed in full and signed by the lessee and the lessor on taking over and handing over the vehicle, together with their respective contents.
4. the rental contract signed by the lessee, these general terms and conditions, the handover protocol, the return protocol, the GmbH provisions on insurance cover, the price list for minor damage, the price list for additional services and the following regulations together form the contract.

§2 Conclusion of contract

1. Contracting parties are the lessor and the lessee.
2. The rental objects of the lessor are sold via the website of the lessor, by e-mail or by fax. The presentation of the rental property does not constitute a legally binding application, but a non-binding catalogue, which invites the customer to submit an offer for his part. The offer can also be submitted by the customer by e-mail or fax. The acceptance is made by the lessor.
3. If the lessee submits an application via the website, such an application is only declared by pressing the button ´Book subscription with costs` within the online booking (´booking request`).
4. The contract is concluded when
the lessee signs the rental agreement and the lessor confirms the agreement in writing or when the lessor, in consultation with the lessee, begins to provide services to the lessee or when the lessee and the lessor agree on the conclusion of an agreement in electronic form by means of an offer and a declaration of acceptance (order confirmation) by e-mail, fax or via the lessor's website or by a combination of these declaration methods.
The receipt of an acknowledgement of the booking request or the receipt of a reservation confirmation for the rental object does not constitute acceptance of the contract by the lessor. The lessor declares acceptance only by sending a final booking confirmation within a period of 7 days from receipt of the booking request in text form after a positive credit check according to internal criteria (´booking confirmation`). A contract is always concluded only after a positive credit check.
6. In the event of a negative credit check, the lessor shall reject the lessee's offer in case of doubt.
7. For the acceptance of the contract by the lessor, the writing of the text of the contract without handwritten signature shall be sufficient.

§3 Rental object

1. The lessor shall provide the lessee with the vehicle designated in the rental agreement. If the rented vehicle is not available at short notice, the lessor is entitled to provide an equivalent vehicle to fulfil its obligation, unless the lessee has a legitimate interest in an extraordinary cancellation of the contract.
2. Depending on the vehicle, individual additional equipment is available and can be booked optionally for an additional charge. Additional equipment must be expressly agreed on in writing in the rental contract. Further information can be found on the vehicle details page of the lessor.
3. The vehicle is handed over with a full tank. The engine is filled with engine oil in the required and sufficient quantity.
4. The following insurances exist for the vehicle:
4.1 The rental vehicle is covered by liability and fully comprehensive insurance. The amount of coverage of the liability insurance is 100 million EUR. The excess of the lessee of the fully comprehensive insurance is 1500 EUR per damage. Partially comprehensive damage requires a deductible of the lessee of 500 € per damage. Young drivers under 23 years of age have a deductible of 2500 EUR per damage in case of fully or partially comprehensive damage. The liability reduction/deductible is limited exclusively to comprehensive damage and only as long as there is no breach of obligation or gross negligence, as 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 roof are not hull loss and must be borne 100% by the lessee, as far as this damage was caused by the lessee.
4.2 Damage to the awning, the interior of the rented vehicle or the pop-up roof including roof tent caused by operating errors is also not covered by the exemption from liability.
4.3 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 these means of transport are to be borne by the lessee due to the lack of insurance coverage. The lessee is obliged to report unacceptable ferry and other transport damages to the lessor.
4.4 The above-mentioned limitations of liability shall also not apply in the event of damage caused by use not in accordance with the traffic regulations or by intentional or grossly negligent causation (e.g. by taking alcohol or drugs), by failure to observe the clearance width and clearance height, by the load on the vehicle, by overloading (exceeding the permissible total weight) or by over-revving the engine or driving with an oil or water level that is too low. This also includes driving on unsuitable or unpaved roads. Damages resulting from this are to be borne in full by the lessee in the absence of insurance coverage within the framework of the statutory provisions.
5. The vehicles are rented exclusively for private purposes, such as vacation trips, for participation in sporting events or the like. Removals of any kind are explicitly not permitted.
6. The rental of a camping bus for use as a home office space for office activities of the lessee or his employees (in the case of rental by corporate customers) does not constitute use for a commercial purpose.

§4 Rental period

1. The rental period extends from the agreed takeover of the vehicle to the agreed return and is not automatically extended.
2. The minimum contract term is 2 months, the maximum term is 12 months. The rental contract ends automatically at the end of the contractually agreed term without the need for notice of termination. Prior to the commencement of the rental period, the lessee is entitled to an ordinary right of termination. An extension of the agreed rental period requires the explicit consent of the lessor.
3. If the vehicle is not returned on the agreed return date (debtor's delay), the lessee shall be charged a flat-rate basic amount of 1/30 of the monthly rent agreed for the contractual period (´subscription rate`) for each day up to and including the day of the actual return. The lessor reserves the right to claim higher or lower damages and expenses resulting from the debtor's default, giving reasons. The lessee shall be free to prove that no or lower damages and expenses have been incurred by the lessor.
4. 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. An extraordinary right of termination is justified in particular, but not exclusively, by the breach of the obligations of the lessee specified in § 14.

§5 Vehicle driver

1. Upon handover of the vehicle, the lessee must present a driving license required for driving the vehicle, which is valid at least in Germany (for the respective countries in case of trips abroad), an international driving license if applicable, a valid means of payment as well as a valid identity card or passport. If the lessee is not able to present these documents when handing over the vehicle, the lessor reserves the right to withdraw from the rental contract; claims of the lessee due to non-performance are excluded in these cases. Costs incurred by the lessor up to that point, or lost profit or other damages and expenses arising from the withdrawal are to be reimbursed by the lessee.
2. The vehicle may only be driven by the lessee, or by the driver specified in the rental agreement. The lessee is liable for the fault of the additional driver named by him.
3. Lessee and/or driver can only be persons that are at least 18 years old and have had at least 1 year of uninterrupted driving experience with a comparable motor vehicle, but at least a passenger car.
4. If several lessees have become contracting parties, they are liable as joint and several debtors.
5. Unauthorized drivers are persons who do not meet the characteristics of this section; they are not authorized to drive the vehicle. Violation of this regulation entitles the lessor to immediate withdrawal, or immediate termination of the contract. The lessee / lessees are jointly and severally liable for any damage incurred.
6. The unauthorized driver does not enjoy any insurance coverage or protection by additional services offered by the lessor. Coverage then exists exclusively within the framework of the statutory liability insurance (indispensable insurance coverage).

§6 Contract territory

1. The contractual territory in which the vehicle may be driven includes the geographical territory of the EU, as well as Great Britain, Switzerland, Lichtenstein, Norway and the territory of the former Yugoslavia. If you have any questions, please contact our customer service on +49 174 153 6499. Upon request, the contract territory can also be extended by individual contract.
2. A temporary, uninterrupted use of the camper in a country other than Germany may not exceed three months. In case of violation by the subscriber, the subscriber shall indemnify the lessor from all payment obligations resulting from the violation (e.g. fines). The subscriber shall bear the full risk resulting from the use of the camper outside Germany, insofar as it is not covered by the exemption from liability according to § 15. This applies, for example, to liability with regard to country-specific regulations for the permanent introduction of a vehicle registered abroad. In such cases, the lessee shall indemnify the lessor against claims by third parties. 3.
3. The lessee himself is responsible for familiarizing himself with the country-specific laws, in particular traffic and regulatory regulations and toll obligations. This also applies in particular to the proper equipment and technical specifications of the vehicle. The lessee is liable to the lessor for violations of these obligations. In the event of claims being made against the lessor as the vehicle owner, e.g. as a result of fines and warning notices, the lessor shall have a claim for indemnification against the lessee for such breaches of contract.

§7 Handover

1. Keys are handed over to the lessee roadworthy at the agreed place of handover. The vehicle is fully tanked, checked with all operating materials and cleaned inside.
2. The lessee has the duty to examine the vehicle before handing it over. On the occasion of the handover of the vehicle, a handover protocol to be signed by the lessor and the lessee shall be prepared, in which all apparent defects and complaints as well as the speedometer reading shall be recorded. Defects which are asserted by the lessee at a later date can no longer be taken into account.
3. If the lessee refuses to fill in and sign the handover report, the vehicle shall not be handed over and the lessor shall be entitled to terminate the contract. In this case, the lessee shall not be entitled to make any claims arising from the non-fulfillment. The lessor, on the other hand, may claim against the lessee the damage to be specifically calculated as a result of this breach.
4. In some cases it may happen that bicycle racks are mounted on the rented vehicle, although they were not expressly booked by the lessee, in order to be able to maintain the smooth progress of the rental business. The lessor is not obliged to remove the bicycle carrier.

§8 Return

1. The rental agreement ends with the expiry of the rental period agreed in the rental agreement. If the lessee continues to use the vehicle after the expiry of the agreed rental period, the rental relationship shall not be deemed to be extended. The § 545 BGB is neither directly nor indirectly applicable.
2. The lessee is obliged to return the vehicle to the lessor at the end of the rental period, fully tanked, cleaned inside and in operational condition at the handover location at the agreed return time. Registration certificate part I/vehicle registration certificate and keys are to be returned to the Lessor.
3. If the lessee violates his obligation to clean the vehicle in whole or in part, a cleaning fee of 100 euros will be charged. The lessor is free to claim higher costs than the cleaning fee. The lessee is in turn free to prove that no or lower costs were incurred. If the lessee does not return the vehicle with a completely filled up tank, the lessor will refuel the vehicle. For this additional service, the lessor shall charge an expense allowance in the amount of 19 euros in addition to the fuel costs incurred.
4. Upon return, the leased property shall be inspected in the presence of the lessee, and the result of the inspection shall be recorded in a return protocol to be signed by both parties. If any damage is found, which was not mentioned in this contract or in the handover protocol, it is assumed that the lessee is responsible for the damage, unless the lessee proves that the damage already existed at the time of handover of the vehicle.
5. In the event of damage, the lessor shall generally invoice the lessee within 14 days of 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.
6. If the lessee does not return the vehicle or the vehicle key to the lessor at the end of the agreed rental period - even if this is not his fault - the lessor shall be entitled to demand compensation for the period of withholding as compensation for use in accordance with § 4, clause 3 of these Terms and Conditions; the lessor reserves the right to claim further damages. The lessee shall be at liberty to prove that no or lower damages and expenses were incurred by the lessor.
7. Furthermore, the lessor reserves the right to file a criminal complaint with the responsible authorities for all conceivable legal reasons in the event of non-reporting of a late return.
8. In case of return of the rental object at an earlier time, there is no claim for refund of a part of the rental costs. The lessor is not obliged to accept the rental object before the end of the rental period.

§9 Damage to the vehicle

1. If damage has occurred to the vehicle during the term of the rental relationship which was not present at the time of handover of the vehicle or which was not recorded in writing in the handover protocol, the lessee shall bear the costs of repair up to an amount equal to the agreed deductible. A claim to a contractual exemption from liability or a booked protection package does not exist if the damage was caused intentionally. If the damage was caused by gross negligence, the lessor is entitled to reduce its obligation to indemnify, including from a booked protection package in proportion to the severity of the fault. Furthermore, there shall be no claim to a contractual exemption from liability or from a booked protection package if an obligation to be fulfilled by the lessee or driver, in particular according to § 14 of these GTC, has been intentionally violated. In the event of a grossly negligent breach of an obligation to be fulfilled by the lessee or driver, the lessor shall be entitled to reduce its indemnity payment, also from a booked protection package, in a proportion corresponding to the severity of the fault; the burden of proof for the absence of gross negligence shall be borne by the lessee or driver. Deviating from the provisions of the two previous sentences, the lessor is obliged to indemnify, also from a booked protection package, as far as the violation of the obligation is neither causal for the occurrence of the indemnification case nor for the determination or the scope of the indemnification obligation of the lessor; this does not apply if the obligation was violated fraudulently. The contractual exemption from liability applies only to the rental period.
2. If damage is determined in the presence of the lessee upon return of the vehicle and the lessee confirms the causation of the damage by signing the return protocol, one of the following regulations may come into effect depending on the extent and type of damage, insofar as the obligation to assume liability from a contractual exemption from liability or through the settlement obligation of a third party does not take effect:
2.1 All damage, in particular substantial damage, damage that impairs the return of the rental vehicle and a subsequent further rental and/or entails a temporary standstill for the repair, will be settled on the basis of a cost estimate prepared by a repair workshop or an expert opinion. Any further liability for loss of profit, loss of use, towing costs, expert fees, etc. shall remain unaffected.
2.3 Tire damage: Tire damage occurring during the rental period shall be borne by the lessee, unless it can be proven that it originated before the vehicle was taken over. Costs occured for towing service or mounting of the tires do not have to be borne by the lessee, provided that the Volkswagen mobility guarantee or the breakdown service specified in the rental documents have been notified. The cost of materials, such as tires, must be paid by the lessee. The spare wheel on the vehicle may not be mounted by the lessee himself, but only by a towing or breakdown service.
2.4 Stone chips in windows: Stone chips in windows will be repaired or replaced depending on size and location. The proportional costs of the partial comprehensive damage (deductible 500.00 € or depending on the liability reduction package) shall be borne by the lessee.
2.5 Improper filling of the water tank: Regulation in case of incorrect filling of the water and diesel fuel tank: The water system cannot be cleaned if diesel fuel has been improperly filled into the tank. It must be completely replaced. This includes tanks, boiler, pump, faucets and piping. The cost is to be borne by the lessee in full. Likewise, the lessee is liable for any resulting damage to the vehicle and accessories.
2.6 Damage to the awning: To avoid damage to the awning, the following must be observed: Never extend the awning in high winds or rain and never leave it unattended when extended. The cost of a new awning with installation must be borne by the lessee in the event of non-compliance. These may exceed the deposit amount.
2.7 In order to contribute to the reduction of damage, the lessee is obliged to first clarify in cooperation with the Llssor whether benefits such as hotel accommodation, replacement vehicle (passenger car), vehicle retrieval, return train journey etc. can be obtained via the concluded protection insurance. As far as such services are sufficient, they serve to relieve the lessor. Only the services of the protection insurance are guaranteed by the lessor, all other costs are borne by the lessee.

§10 Prices & Payment

1. The first monthly rent (subscription rate) as well as the vehicle-independent subscription flat rate in the amount of 169.00 EUR are due immediately after conclusion of the rental agreement. Each further rental fee is due in rotation on the day of the respective following month, which calendar corresponds to the day on which the term began. In accordance with the stipulation in the respective rental agreement, the payments due shall be collected from a credit card of the lessee to the following account of the lessor.
CamperBoys GmbH
IBAN: DE42430609671174830500
BIC: GENODEM1GLS
The lessee authorizes the lessor to also use the credit card for any other fees owed by the lessee arising from or in connection with the use (e.g. fines, speed cameras and parking tickets).
2. The amount of the monthly rent results from the rental agreement and depends on the chosen travel period, the number of included kilometres and the chosen vehicle model. The individual rental fee is displayed on the vehicle details page after selecting the rental period and the desired kilometres.
3. The payment of the rental fee includes the temporary use of the vehicle, the payment of the costs for the registration of the vehicle, the payment of the liability, partial and comprehensive insurance, the vehicle tax, the radio license fees, the maintenance and wear and tear repairs as well as inspections according to the following conditions.
The monthly rental fee also includes 2000 free kilometres/month. Upon payment of a surcharge on the monthly subscription rate, these inclusive kilometres can be extended with additional kilometre packages up to a maximum of 3,000 kilometres/month. The prices for the additional kilometre packages are also listed on the details page of the respective vehicle category. Each additional kilometre not included in the monthly rate will - subject to the provision in the following paragraph - be charged with € 0.35 upon return of the vehicle.
The maximum number of kilometres driven may not exceed 3,000 kilometres per month. Kilometres that exceed these 3,000 kilometres per month, calculated on the total term of the subscription, will be charged to the lessee at € 0.70 per kilometer.
If less kilometres are used they will not be reimbursed or paid. Additional kilometres are always calculated on the total term of the subscription and can be used accordingly in the following month.
4. Not included in the subscription rate are in particular toll costs, fuel costs, necessary lubricants (engine oil), parking fees, camping fees as well as other parking space costs or transport fees such as ferry costs. The cost of any necessary interior cleaning is borne by the lessee, unless the interior cleaning was booked in advance as an optional additional service.
5. The lessee agrees that the lessor sends the invoices in electronic form to the e-mail address stored in the lease agreement in accordance with legal requirements. At the request of the lessee, a paper invoice may be requested.
6. Additional services and products are bookable for an additional charge according to the price overview for additional services.
7. Discount promotions of the lessor are not combinable.

§11 Ordinary right of termination, change of booking & extraordinary termination

1. The lessee can terminate the rental agreement in writing before the start of the rental period. The following applies:
1.1 In the case of a cancellation taking place at least 60 days before the agreed start of the rental period, the termination is free of charge. This does not apply to the contractually agreed subscription fee (which must always be paid in the event of ordinary termination).
1.2 If notice of termination is given less than 60 days before the agreed start of the rental period, a monthly rental fee (= subscription rate) and the one-time subscription fee of 169 EUR shall be payable for an agreed rental period of up to 3 months; for an agreed rental period of 4 months or more, two monthly rental fees and the one-time subscription fee shall be payable.
1.3 Equipment already booked cannot be cancelled separately from a booking. Costs for equipment such as bicycle racks or camping toilets will not be refunded in case of cancellation.
1.4 The lessee reserves the right to prove that no or only minor damage has occurred. In turn, the lessor reserves the right to claim a significantly higher damage than the above lump sums justified.
2. The right to extraordinary termination for cause remains unaffected. A reason justifying extraordinary termination by the Lessor shall exist in particular if:
2.1 The lessee is in arrears with payments amounting to the sum of one month's rent.
2.2 The lessee or the authorized driver or authorized third party endangers the leased vehicle considerably by neglecting the existing duties of care.
2.3 The lessee culpably leaves the vehicle to an unauthorized third party.
2.4 The lessee has made incorrect statements or concealed facts when concluding the contract and therefore the lessor cannot reasonably be expected to continue the contract until the expiry of the notice period or until other termination of the user relationship.
2.5 The continuation of the booking is unreasonable for the lessor due to the high damage rate of the lessee. This limit is regularly reached as soon as a total damage in the amount of 5,000.00 EUR has been caused to the vehicle by a single or several individual events for which the lessee is responsible.
2.6 Furthermore, the lessor shall be entitled to extraordinary termination with a notice period of 14 days if the camper is a vehicle financed by the lessor, the financier asserts a right to surrender with regard to the camper from the respective financing agreement and the lessor cannot reasonably be expected or is not possible to change the vehicle for the lessee.

§12 Deposit

1. To secure the lessor's claims arising from the tenancy, the lessee shall pay the lessor a security deposit in the amount of EUR 750. The deposit is due immediately after conclusion of the rental agreement. Without the deposit the rental vehicle will not be handed over.
2. The deposit will be released after the end of the rental relationship, if the vehicle is returned in contractual condition and from the rental contract claims, in particular also special lump sums do not exist any more.
At the handover of the vehicle at the beginning of the rental period, the existing damage to the vehicle will be recorded in writing and the written protocol will be handed over to the lessee. The deposit will be refunded by bank transfer after the return of the vehicle in the contractually owed condition between the 7th and 14th day at the latest - or the blocking of the credit card will be removed.
4. Liability of the lessee for his own fault, hidden or hidden defects or damage, which due to their nature can only be determined by the lessor afterwards, remains reserved. Here, the general legal requirements apply.

§13 Condition of the vehicle, use impairments & repairs

1. The lessor hands over the vehicle to the lessee in a usable and roadworthy condition.
2. The vehicle is cleaned inside and outside.
3. The exact condition of the vehicle results from the handover protocol to be drawn up jointly by the lessee and the lessor upon handover of the vehicle and from the return protocol upon return. These protocols are part of this contract.
4. If repairs are necessary during the rental period in order to maintain the operational and road safety of the vehicle, the lessee may only carry out the repairs himself or commission such repairs if the lessor has expressly agreed to this in writing or if the anticipated costs do not exceed EUR 50.00. The lessee shall only be liable for the costs of repairs if the lessor has provided proper documentation. Repair costs shall only be reimbursed upon presentation of proper receipts, unless the lessee is liable for the repair itself. The lessee shall not be reimbursed for the time spent by him in carrying out the repair himself.
5. If the lessee detects a defect in the vehicle which considerably restricts the usability of the vehicle and necessitates repairs on a larger scale, he shall notify the lessor without delay. If the defect cannot be repaired immediately by a short-term repair, both contracting parties have the right to terminate the contract without notice. The lessee shall remain obligated to pay the agreed rent until the defect has been remedied.
6. In case of impairment of the driving ability, which prevents the lessee from continuing the journey, the lessor shall provide emergency management. In such cases, the emergency management should be contacted at the phone number: +49 (0) 8141 396 3000.

§14 Duties & obligations of the lessee

1. The lessee is obliged to treat the vehicle gently and professionally. The lessee is obliged to have the necessary maintenance and wear and tear repairs as well as necessary inspections (in particular HU and AU) carried out at the expense of the lessor after consultation during the entire term of the subscription. The lessor shall name a workshop located in the proximity of the place of the original rental for the performance of the maintenance or - if possible and at the lessor's free discretion - shall suggest a workshop located at or in the proximity of the lessee's respective place of residence.
2. The lessee has to observe all regulations and technical rules relevant for the use, especially the regular check of the sufficient engine oil level, ad-flu level, water level and tire pressure, as well as, among other things, the due inspections and to check regularly whether the vehicle is in a roadworthy condition, as well as to lock the vehicle properly. Corresponding measures, such as topping up the engine oil, must be duly undertaken by the lessee. In doing so, the suitability of the engine oil to be topped up must be ensured (exclusively 5W30 Longlife III). If the wrong fuel is filled up or the wrong engine oil is refilled, the lessee is liable for the costs incurred by towing the vehicle and/or repairing the damage. Furthermore, the lessee shall pay attention to the warning lights in the vehicle display and take necessary measures according to the operating instructions. In case of doubt, the lessee shall contact the lessor at +49 157 589 200 03.
3. The lessee, as well as the additional driver(s) named by him/her, is/are exclusively authorized to drive the vehicle and is/are not allowed to hand over the vehicle to third parties, unless the lessor gives its prior written consent.
4. Defects and damages, accidents and thefts, etc. occurring on the vehicle are to be reported to the lessor immediately. In case of theft of the vehicle, the lessee or the driver(s) is/are obliged to immediately provide the lessor with a copy of the criminal complaint together with the vehicle keys and the vehicle documents, if these were not stolen as well.
5. The lessee may use the vehicle exclusively within the geographical borders of Europe as well as in non-European areas belonging to the European Union (EU). Outside these borders there is no insurance coverage in the motor insurance (especially comprehensive insurance). If the lessee wishes to use the vehicle in other countries and areas, the prior written consent of the lessor is required. In this case, the lessor is obligated to provide correspondingly extended insurance cover.
6. 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 at least with a 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 lessee 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.
7. The lessee is obliged to protect the vehicle from overuse in any way. In particular, the lessee is obligated to observe the existing traffic regulations in the respective countries. Driving is only allowed with secured or unlocked gas bottle. Basically, the vehicle may only be used in public road traffic. In particular, 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
  • Participation in off-road driving
  • Transportation of highly flammable, toxic or dangerous substances or such products that violate the applicable legal regulations;
  • Driving school training
  • For commercial passenger transportation
  • For sublettingfor the commission of customs and other criminal offenses, even if they are punishable only under the law of the place of the offense
  • Use of the vehicle for towing or pushing another vehicle or trailer, unless the total weight entered in the vehicle documents is complied with and the rental vehicle is equipped with an appropriate trailer hitch
  • Transportation of live and dead animals. Required special cleaning costs are to be paid by the renter. These costs are calculated according to actual expenditure, but will be charged at least with a lump sum of € 500. The renter has the right to prove that no damage has occurred or that the actual expense is less than the lump sum
  • Transportation of persons or goods with a weight, quantity and/or volume that exceeds the maximum values entered in the vehicle documents
  • Transportation of the vehicle on board an aircraft
  • Usage that goes beyond the contractual use.
8. The lessee assures that he/she will not drive the vehicle if he/she is not in a driving condition, especially, but not conclusively, not under the influence of alcohol or other intoxicating substances, but also in a driving condition caused by e.g. illness or fatigue.
9. The vehicle is to be secured against theft according to the respective, technical possibilities of the vehicle. The lessee and the driver are obliged to ensure that the vehicle is locked and the anti-theft device (if any) is activated when the vehicle is parked or left unattended.
10. Smoking in the vehicle is strictly prohibited. In case of violation of this prohibition a special cleaning fee of 500 € will be charged.
11. The lessee is obliged to secure the cargo properly, so that no damage is caused to the vehicle and this is also no risk for the passengers. The valid, legal regulations for securing the load are to be observed. The lessees are liable to the lessor for all consequences resulting from the violation of the above obligations.
12. When renting vehicles with AdBlue tank, the lessee shall ensure that the AdBlue tank is always sufficiently filled. The lessee, the driver(s) and his vicarious agents shall be liable without limitation for violations of the above obligation committed during the rental period; the lessee shall indemnify the lessor against all claims asserted by authorities or other third parties against the lessor due to failure to fill the AdBlue tank, in particular fines and warning fees. The lessee shall take over a full Adblue tank at the start of the journey. The lessee is obliged to check the Adblue tank regularly and, if warning signals light up, to ensure that the Adblue tank is filled up properly at his own expense without delay. If a vehicle stops in case of non-observance of the warning signals and thus causes further damage, the lessee is solely responsible for this and has to pay the bill.
13. The vehicle will not be damaged by immersion in water, contact with salt water, passing through flooded areas, driving in sand and on dirty roads.

§15 Liability

1. In addition to this contract, the handover protocol is decisive for the contractually agreed condition. The lessee has checked before the conclusion of the contract that the vehicle meets his wishes and needs.
2. The strict liability of the lessor for initial defects and negligence in accordance with § 536a Abs.1, Alt.1 BGB is excluded. The liability of the lessor for intent and gross negligence remains unaffected. 3.
3. The lessee reports defects to the lessor without delay and explains in writing the detailed circumstances of the occurrence. Otherwise, a penalty of up to 1,000 euros may be levied on the lessee.
4. The vehicle is insured according to clause .... In case of intentional or grossly negligent destruction, damage or in case of intentional or grossly negligent destruction of the vehicle the lessee has to compensate the damage. Several lessees are liable as joint and several debtors.
5. The lessor assumes no liability for items brought in by the lessee or his fellow passengers, or the driver(s), which are left behind in the rented object when it is returned. This does not apply in case of intent or gross negligence of the lessor, its representatives or agents.
6. In all other respects the legal rules for liability for defects apply subject to the general terms and conditions.
7. For the processing of a traffic offence committed by the lessee (e.g. excessive speed, unauthorized parking) or criminal offense, the lessor shall charge a processing fee of 19,00 EUR.
8. The lessee has to pay for all accruing toll fees himself - on the spot or in advance by bank transfer. For trips to Norway, Denmark, Ireland, Hungary, Portugal and UK the lessee is obliged to inform himself about the payment modalities on www.autopass.no in advance. Furthermore, the lessee is obliged to register online at www.epcplc.com/rental beforehand. The vehicle registration number can be added to the registration after the vehicle has been delivered. For Sweden, the lessee must register in advance at www.epass24.com. In case of non-compliance we will charge a handling fee of 19,00 € for each payment request.
9. In case of loss of the car license, the lessor will charge an amount of 200€.

§16 Limitation of liability

1 The lessor shall pay damages or reimbursement of futile expenses, irrespective of the legal grounds (e.g. from contractual and quasi-contractual obligations, material defects and defects of title, breach of duty and tort), only to the following extent:
1.1 Liability for gross negligence and intent shall be unlimited.
1.2 In the event of simple negligence, liability shall be limited to damages resulting from a slightly negligent breach of essential obligations which jeopardize the achievement of the purpose of the contract, or from a slightly negligent breach of obligations the fulfilment of which is a prerequisite for the proper performance of this contract and on the observance of which the customer may regularly rely on. In this case, however, the liability is limited to the typical damage foreseeable at the time of conclusion of the contract. Any further liability of the lessor in cases of slight negligence is excluded.
1.3 In all other respects, the lessor's liability shall be excluded, irrespective of its legal basis, unless the lessor's liability is mandatory by law, in particular due to 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 the lessor, in particular with regard to a possible loss of work or production, is excluded.
2. The lessor shall be free to raise the objection of contributory negligence.

§17 Behavior in case of traffic accidents & violations

1. If the lessee is involved in a traffic accident, damage caused by game, fire or similar during the use of the vehicle, either through fault or through no fault of his own, he shall immediately contact the lessor and arrange for the police to record the course of the accident or damage. This also applies if the rented vehicle was slightly damaged, and also in the case of accidents caused by the lessee himself/herself without the involvement of third parties. The lessee has to refrain from giving an admission of guilt.
2. The lessee has to hand over to the lessor a standardized European accident report, if necessary with an accident sketch. The lessee shall also record the names and addresses of all parties involved and witnesses in writing. If the accident was 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 relevant file number.
3. The legal liability rules apply. The lessee shall not be liable to the extent that the lessor obtains compensation for the damages incurred from the other party involved in the accident, other third parties involved in the accident or from the existing comprehensive insurance policy or otherwise.
4. The lessee is liable for all damages to the vehicle, which are due to operating errors, overuse or violation of other obligations from clause 14 of this contract during the rental period. The lessee shall be liable in the same way for damage culpably caused by his relatives, workers, employees, passengers or other third parties who came into contact with the vehicle through or via the lessee, insofar as he culpably omits to ascertain the person and the object in a conclusive manner which is necessary for the enforcement of any claims for compensation by the lessor. The lessee shall also be liable if the damage is only ascertained after the vehicle has been returned. In this case, the lessor must prove that the vehicle was not operated by him or a third party in the meantime.
5. The lessee or driver have to take all measures which are useful and conducive to the clarification of the damage event. This includes in particular that they must answer the questions of the lessor about the circumstances of the damage event truthfully and completely and may not leave the scene of the accident before the necessary and in particular for the lessor for the assessment of the damage event significant findings could be made or without enabling the lessor to make them.
6. A handling fee of 49,00 EUR will be charged for the handling of any kind of damage that occurred during the rental period and that has to be processed by the lessor.

§18 Final provisions

1. A rental agreement is concluded between the lessor and the lessee, which shall be governed exclusively by the law of the Federal Republic of Germany.
2. To the extent permitted by law, the provisions of this contract shall apply with priority, supplemented by the statutory provisions governing tenancies of property.
3. The legal regulations of the package travel law (§§ 651a ff. BGB) do not apply to the contractual relationship neither directly nor accordingly. The lessee uses the vehicle on his own responsibility and arranges his trip himself. The lessor does not owe any travel services, not even a totality of travel services.
4. The contract shall be governed exclusively by the laws of the Federal Republic of Germany if the rental is made at a location of the lessor in Germany. The validity of the UN Convention on Contracts for the International Sale of Goods and the German International Private Law is excluded.
5. In case of a rental at a location outside Germany and if the lessee is a consumer, i.e. a natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (cf. § 13 BGB), the mandatory consumer protection provisions applicable in the country in which the lessee has his habitual residence shall apply in addition, insofar as these grant the lessee further protection.
6. The lessee may only offset claims that are undisputed by the lessor or have been legally established. The lessee shall only be entitled to a right of retention or the plea of non-performance of the contract with regard to undisputed or legally established counterclaims arising from this contractual relationship.
7. The place of jurisdiction shall be the registered office of the lessor (Fürstenfeldbruck) if the lessee does not have a general place of jurisdiction abroad or if he moves his place of 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 the action is brought, and also if the lessee is a legal entity under public law or a registered trader.
8. 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 provision shall apply which the parties would have agreed upon in a fair and economic manner according to the originally intended purpose. The same shall apply in the event of a gap in the contract.
9. The lessee agrees that his personal data collected by the lessor may be processed and stored by the lessor for processing, consulting and information purposes. The lessor agrees not to disclose the data to third parties, excluded is the respective credit institution of the lessee to return the paid deposit. More information can be found in the privacy policy of the lessor.