General Terms and Conditions
As of February 15th, 2019
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 ("General Terms and Conditions") apply exclusively - unless otherwise regulated. The provisions shall apply mutatis mutandis to pre-contractual relationships.
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 off, to which exclusively the right of the Federal Republic of Germany finds application.
To the extent permitted by law, the provisions of this contract shall prevail, supplemented by the statutory provisions on the lease of property.
The VW camping buses are rented exclusively for private purposes, such as holiday trips, for participation in sporting events or the like.
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.
- 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:
Court of registry: Amtsgericht Munich
Number of registry: HRB 167888
Phone: +49 157 589 200 03
1.3 The rental contract signed by the lessee, these GTC, the handover protocol, the return protocol, the GmbH provisions on insurance cover, the price list for minor claims, the price list for additional services and the following provisions together form the contract.
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.
- CONCLUSION OF THE CONTRACT, PARTIES TO THE CONTRACT
2.1 The contract is concluded when:
- the lessee signs the rental contract and CamperBoys GmbH confirms the contract in writing or if CamperBoys GmbH, in consultation with the lessee/lessees, begins to provide services for the lessee, or
- 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.
- RENTAL OBJECT
3.1 CamperBoys GmbH provides the lessee with the vehicle specified in the rental agreement. Should the rented vehicle not be available at short notice, CamperBoys GmbH is entitled to provide an equivalent vehicle for the fulfilment of its obligation, as far as the lessee cannot assert a justified interest in an extraordinary cancellation of the contract.
3.2 The vehicle shall be equipped as standard with the following:
– warning triangle
– high-visibility vests
– spare wheel
– tools and jacks
– first aid kit
– sleeping places up to 4 people
– 2 chairs
– 1 camping table
– extension cable
– crockery & cutlery
– gas cooker
– camping stove
– auxiliary heating
Depending on the vehicle an individual additional equipment is available and optionally bookable against surcharge. Additional equipment must be expressly agreed in writing in the rental agreement.
Further information can be found on the vehicle details page of the CamperBoys homepage.
3.3 The vehicle is handed over with a full tank. The engine is filled with sufficient engine oil.
3.4 The following insurances exist for the vehicle:
– Fully comprehensive insurance with an excess of 1.500 Euro for each claim of the lessee;
– Partial comprehensive insurance with an excess of 500 Euro for each claim of the lessee;
– The insurance conditions of Helvetia and Allianz insurance apply to the car cover letter and the insurance benefits with certain restrictions. See information sheet on insurance benefits.
4. THE RENTAL TIME
4.1 The rental period begins at 8 a.m. on the day of the booked pick-up and ends at 6 p.m. on the day of the return. The daily rental prices therefore refer to calendar days. The vehicle can also be collected before 8 o’clock or returned after 6 o’clock by appointment and for an extra charge.
4.2 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.
5.1 When handing over the vehicle, the hirer must present a valid driving licence, 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 renter cannot present these documents when handing over the vehicle, CamperBoys GmbH reserves the right to withdraw from the rental contract; claims of the renter due to non-fulfilment 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 in the rental agreement. The renter is liable for the fault of the additional driver named by him.
5.3 The renter and/or driver can only be someone who is at least 20 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. Cover is then provided exclusively within the scope of statutory liability insurance (indispensable insurance cover).
- 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 and the former Yugoslavia. In case of questions the lessee can contact the CamperBoys GmbH customer service on +49 157 589 200 03.
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.
7.1 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 refuelled, 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 renter 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 renter – in order to maintain the smooth progress of the rental business. The lessor is not obliged, the lessee is not entitled, to dismantle the bicycle carrier.
8.1 The rental agreement ends upon expiry of the rental period agreed 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 renter 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 25 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.
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.
- 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 renter shall bear the costs of repair.
9.2 If damage is found when the vehicle is returned in the presence of the hirer and the hirer confirms the cause of the damage by signing the return protocol, one of the following provisions shall apply depending on the extent of the damage:
For all damages, in particular substantial damages, damages which impair the return of the rented vehicle and subsequent subletting and/or a temporary downtime for the repair entails, will be charged on the basis of a cost estimate prepared by a repair workshop or an expert opinion. Any further liability for lost profits, loss of use, towing costs, expert fees, etc. shall remain unaffected.
9.3 If the smoking ban in the rented vehicle is disregarded, € 500.00 will be retained from the deposit in order to compensate for the loss in value and to have a professional removal of smoking residue carried out.
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 CamperBoys. 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 renter. The spare wheel may not be mounted on the vehicle by the renter, 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 tenant 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 cost of a new awning with installation must be borne by the tenant 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.
CamperBoys only warrants the services of the letter of protection, all other costs are borne by the renter.
10. THE PRIZES
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.camperboys.com at the time of the conclusion of the contract include VAT (19%). The rent includes 300 kilometres per day. If the hirer exceeds these 300 kilometres per day, a fee of 0.30 euros per kilometre shall be payable for every additional kilometre commenced upon return of the vehicle.
10.3 A one-off service fee of 85 Euro is due for each rental. This must be paid together with the final invoice.
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 The total amount of the rent is due within seven working days after conclusion of the contract by bank transfer to the following account: Account holder:
IBAN: DE56 7005 3070 0032 1802 34
Intended use: Invoice number + name, name Camper, Booking period
10.8 If a down payment of 50% of the rent is agreed, the outstanding balance shall be due for payment no later than seven days before the commencement of the rental period.
10.9 If less than seven days elapse between conclusion of the contract and commencement of the rental period, the entire amount shall be due for bank transfer upon conclusion of the contract.
10.10 If no bank transger is made, express approval in the form of a SEPA mandate must be granted at the latest when the vehicle is handed over.
10.11 If collection of the vehicle on the morning of the rental commencement day before 12 noon is agreed, additional costs amounting to 50% of the applicable daily rental price shall be due. This also applies to a return after 12 o’clock.
- CANCELLATION OR CHANGE OF BOOKING
11.1 Cancellation by the lessee(s), notified at least 61 days prior to the commencement of the rental period, shall constitute an amicable cancellation of the rental agreement at no further cost.
If the Lessor terminates the lease before the expiry of the aforementioned period, the lessee may not claim any costs or damages arising from the termination of the lease.
11.2 Cancellation notified at least 46 days but less than 60 days prior to the start of the rental period will incur a cancellation fee of 25% of the total rental price.
11.3 Cancellations made at least 36 days but less than 45 days before the start of the rental period will incur a cancellation fee of 50% of the total rental price.
11.4 Cancellations made at least 4 days but less than 35 days before the start of the rental period will incur a cancellation fee of 80% of the total rental price.
11.5 Cancellation notified less that 4 days before the start of the rental period will incur a cancellation fee of 90% of the total rental price.
11.6 In the event of non-collection of the rented vehicle at the agreed time without notification, the rent already paid will be retained in full, unless the lessee proves that CamperBoys GmbH has incurred no or lower costs due to the non-collection. In the event that no rent has yet been paid, claims for damages shall remain unaffected. Saved expenses are deducted.
11.7 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. There is no agreement of the lessor to convert the tenancy automatically into an indefinitely continued tenancy.
11.8 Equipment already booked cannot be cancelled separately from a booking. Costs for equipment such as bicycle racks or pick-up and delivery service will not be refunded if the order is cancelled.
12.1 In order to secure the claims of CamperBoys GmbH arising from the rental relationship, the lessee pays CamperBoys G a deposit of 750 Euros (in words: seven hundred and fifty Euros). The deposit must be paid with credit card at the latest at the time of handover or transferred to the CamperBoys account mentioned below 7 days before the start of the rental period. CamperBoys GmbH is not obliged to invest the deposit separately from its assets. There is no interest on the deposit.
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 contract 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 between the 7th and 14th day at the latest.
A liability of the lessee for defects or damages caused by him, 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.
- CONDITION OF THE VEHICLE, IMPAIRMENTS OF USE, REPAIRS
13.1 CamperBoys GmbH hands over the vehicle to the renter in a technically perfect, 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 renter 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 renter 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 renter from continuing the journey, CamperBoys GmbH provides emergency management. In such cases the emergency management is to be contacted under the telephone number: +49 157 589 200 03. The detailed provisions of emergency management are set out in Appendix 1 to these conditions.
- OBLIGATIONS AND DUTIES 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 under +49 157 589 200 03.
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 renter or the driver(s) may not make any technical modifications to the vehicle, with the exception of the work required within the scope of section 13.4. The renter or the driver(s) may not visually alter the vehicle, in particular, but not exclusively, by painting, stickers and/or adhesive foils.
14.4 The renter or the driver(s) is/are obliged to notify CamperBoys GmbH immediately if he/she loses his/her driving licence or if he/she is forbidden to drive the vehicle.
14.5 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 renter 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.
14.6 The lessee may not sell, pledge, give away, rent or lend the rented vehicle as well as vehicle parts, vehicle keys, vehicle documents, equipment, tools and accessories, nor assign them as security.
14.7 The renter must inform CamperBoys GmbH immediately if the vehicle should be seized by a third party due to a title directed against him. In this case, he must also allow CamperBoys GmbH to inspect the deposit protocol.
14.8 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 renter wants to use the vehicle in other countries and areas, a prior written consent of CamperBoys GmbH is required. In this case, CamperBoys GmbH undertakes to provide an appropriately extended insurance cover.
14.9 The lessee is obliged to protect the vehicle against overloading in every way. 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 € 150. 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.
14.10 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.
14.11 The vehicle shall be secured against theft in accordance with the respective technical possibilities of the vehicle. The renter and the driver are obliged to ensure that the vehicle is locked and that the anti-theft device, if present, is activated when the vehicle is parked or unattended.
14.12 Smoking in the vehicle is strictly prohibited. In the event of a violation of this prohibition, a special cleaning fee of € 500 will be charged.
14.13 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.
14.14 For tenancies with a duration of more than 27 days, the lessee shall bear the costs up to an amount of 8% of the respective monthly rent (net) incurred for the procurement of refilling liquids (in particular motor oil and windscreen cleaner as well as windscreen antifreeze) if refilling of these liquids becomes necessary during the tenancy period.
14.15 If commercial vehicles are equipped with an AdBlue® tank, the commercial vehicle with the full AdBlue® tank will be handed over to the lessee. In the case of rental relationships with a duration of more than 27 days, the renter must return the vehicle with a completely filled AdBlue® tank upon termination of the rental relationship. If the vehicle is not returned with a fully refueled AdBlue® tank, the lessor will charge the hirer for the cost of refueling plus a service fee in accordance with the price list valid at the time of rental. The valid price list is available at the station. In the case of rental relationships with a duration of less than 28 days, CamperBoys GmbH takes over the refuelling with AdBlue® for a flat fee, which is charged to the lessee on the basis of the kilometres driven. The amount of this fee is shown in the valid price list available at the station.
14.16 When renting vehicles with an AdBlue® tank, the renter 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.
15.1 In addition to this contract, the handover protocol shall be decisive for the contractually agreed quality. The renter has checked that the vehicle corresponds to his desires and needs before conclusion of the contract.
15.2 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.
15.3 The lessee notifies CamperBoys GmbH immediately of any defects and explains in writing the detailed circumstances of the occurrence.
15.4 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.
15.5 CamperBoys GmbH does not assume any liability for items brought in by the renter 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.
15.5 In all other respects, the statutory provisions on liability for defects shall apply subject to the General Terms and Conditions.
15.6 CamperBoys GmbH charges a handling fee of 18,00€ for the handling of a traffic violation committed by the renter (e.g. excessive speed, illegal parking) or a criminal offence.
15.7 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 € 18.00 for each request for payment.
15.8 In case of loss of the vehicle license, CamperBoys GmbH charges an amount of 200€.
- LIMITATION OF LIABILITY
16.1 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.
16.2 CamperBoys GmbH has the right to raise an objection of contributory negligence.
16.3 Guarantees by CamperBoys GmbH are only given in written form and are only to be interpreted as such if they are expressly designated as a “guarantee”.
- BEHAVIOUR IN THE EVENT OF TRAFFIC ACCIDENTS AND OFFENCES
17.1 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 renter is responsible without the cooperation of third parties. The lessee must refrain from making an acknowledgement of debt.
17.2 In addition, the lessee must provide CamperBoys GmbH with a written 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 renter must also provide the address of the responsible police authority, the name of the responsible investigating officer and the associated file number.
17.3 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.
17.4 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 renter 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 renter’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.
17.4 The renter 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.
17.4 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.
- FINAL PROVISIONS
18.1 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 defence of non-performance of the contract with regard to undisputed or legally established counterclaims arising from this contractual relationship.
18.2 This contract shall be governed exclusively by German law.
18.3 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.
18.4 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 handwritten signature is sufficient.
18.5 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.
18.6 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. The CamperBoys GmbH commits itself not to pass on the data to third parties.The respective credit institute of the lessee is excluded in order to transfer the paid deposit back.
18.7 The General Terms and Conditions handed over to the lessee form an integral part of this rental agreement.
18.8 The place of jurisdiction for all disputes arising from this contract is Fürstenfeldbruck.