General Motorhome Rental Terms & Conditions
Rental of a motorhome shall be subject to the general terms and conditions below which shall form an integral part of the agreement between the lessor of our motorhome (hereinafter referred to as “Lessor”) and you hereinafter referred to as “Renter(s)”).
a) The subject matter hereof shall be limited to the rental of a motorhome. Lessor shall not be required to provide any travel service or set of travel services (travel package). The legal provisions on travel contracts, including but not limited to Section 651a(1) of the German Civil Code (BGB), shall not apply. Renters shall be responsible of organising their own journey and using the vehicle.
b) When collecting or returning the vehicle, Renter shall fully complete and sign a collection or return protocol. Both such reports shall form an integral part of the rental agreement.
Minimum Age of Renter, Driving License
Renter or the driver must be at least 21 years of age and must have held a valid German driving license for at least one year for the applicable vehicle category (license class 3, class B for vehicles having a total admissible weight under 3,500kg or class C1 for vehicles exceeding 3,500kg total admissible weight). Renter shall be fully responsible that all persons driving the rented vehicle comply with the above requirements and that drivers are detailed in the rental agreement. The motorhome shall be consigned to Renter or the driver upon presentation of the driving license at the time of rental or at the time of vehicle collection.
Renter shall be responsible for any delay in the vehicle collection due to his/her failure to produce the driving license. Where no driving license is presented neither at the agreed time nor within a reasonable extension, Lessor shall be entitled to withdraw from the contract, and the cancellation policy set forth under No. 6(b) below shall apply.
a) The rental fee shall be in line with the price list as amended at the time of signing the agreement or as set forth in the rental agreement. Renter shall fully cover all fuel costs, road charges, parking, camping, motorhome site and ferry fees as well as fines and other penalty payments. The rented vehicle shall be returned with a full fuel tank.
Failure shall be subject to a €20 surcharge in addition to the fuel costs (€2.50 per liter of diesel). The rental fee shall be deemed to include cost of insurance pursuant to No. 4 below and maintenance, oil consumption and repair of normal wear and tear.
b) Price calculation is season-based. The day of vehicle collection and the day of vehicle return shall each count as one day of rental, provided the vehicle is returned at the agreed time, cf. No. 8(g) below. c) For each rental a one-off service fee of €260 shall be payable which includes consignment of a roadworthy vehicle and a comprehensive vehicle familiarisation tour.
a) Unlimited third party liability cover for damage to property. Personal injury cover limited to a maximum of €8m.
b) Indemnification based on the principles of third party fire and theft or fully comprehensive cover with an excess of €500 or €1,500 per incident respectively
c) passenger accident insurance, cover limits:
€21,000 invalidity and €13,000 death
d) motorhome mobility services
Booking and Payment
a) Booking of an motorhome shall only be binding upon Lessor’s written confirmation and Renter’s timely payment of the booking deposit. Upon receipt of the written booking confirmation, Renter shall be entitled to an motorhome of the booked vehicle category, unless the consignment of a replacement vehicle is applicable as set forth under No. 9 below. Renter shall not be entitled to receive a specific type of floor plan.
b) Upon receipt of the written booking confirmation, Renter shall pay a booking deposit of 30 percent of the rental fee including service fee, however not less than €250, within 14 days (receipt of payment) into Lessor’s account stated in the booking confirmation. In the event of Renter’s default on such payment, the booking shall be regarded as unconfirmed. In addition, having given Renter written notice allowing reasonable time for cure, Lessor reserves the right to rightfully withdraw from the contract. The cancellation policy pursuant to No. 6(b) shall apply.
c) The rental fee balance shall be at the credit of Lessor’s account no later than 14 days before the commencement of the rental.
Withdrawal and Modification of Booking
a) Please note that there is no general statutory right to withdraw from a rental contract.
Lessor shall nonetheless grant Renter a contractual right to withdraw pursuant to the extent below.
b) When withdrawing from a binding booking, a cancellation fees shall apply.
Lessor’s receipt of the written notice of withdrawal shall be deemed to determine the time of withdrawal. No show shall be deemed as withdrawal. We recommend taking out travel cancellation insurance to cover the cancellation risk.
c) Modification of booking shall be subject to availability in any one calendar year at the rental location stated in the booking confirmation and shall be accepted at no extra charge if made no later than 14 days before the agreed commencement of the rental, unless for a shorter term than the agreed rental period.
d) Designation of a replacement Renter shall be subject to Lessor’s prior written consent which shall not be unreasonably withheld.
e) Renter shall be at liberty to prove that no or minor damage was caused.
a) When collecting the vehicle, Renter shall pay a €1,500 security deposit free of charge in cash or by credit card at the rental location.
b) Such security deposit shall be refunded upon return of the vehicle in proper conditions in accordance with the terms and conditions and upon final invoicing. Any additional work and cost (e.g. cleaning, toilet cleaning, fuel, repair) shall be deducted from the security deposit when the vehicle is returned, if and in so far as Renter is liable for such costs. Lessor shall be entitled to invoice costs to repair any damage following an incident on the basis of a cost estimate. Lessor shall further be entitled to retain the security deposit until the amount of costs and cost liability are finally clarified.
Vehicle Consignment and Return
a) Renter shall timely collect/return the vehicle on the date agreed (at the appointed hour!) from/to the motorhome rental location.
b) At vehicle collection, Renter shall produce his/her valid identity card and driving license (originals only) and complete the collection protocol, cf. No. 1(b) above. By signing the collection protocol, both parties acknowledge that the vehicle is in the condition as documented.
c) Prior to vehicle consignment, Renter will be given an in-depth tour of the vehicle and its working parts. Lessor may suspend consignment of the vehicle until the familiarization tour has been completed. Renter shall be liable for any delay in collecting the vehicle caused by Renter and the related costs.
d) Renter undertakes to return the vehicle on the agreed date and time, with a clean interior and in the same condition as recorded (collection protocol).
e) A fee of €130 shall apply, if the toilet waste tank is not empty and clean on return of the vehicle.
f) If the vehicle is not or insufficiently cleaned on return, the actual cost incurred for cleaning shall be charged, however not less than €130.
g) Renter shall be liable for damaged or incomplete equipment.
h) Late returns (time as agreed in the collection protocol) shall be payable for each additional day at the applicable daily rate from the 59th minute of the delay. Renter shall be liable for any additional costs incurred by Lessor including any compensation claims of subsequent renters caused by the late return.
i) Renter shall be at liberty to provide evidence that no or minor damage was caused.
j) The rental period may not be extended unless with Lessor’s express prior written consent. An extension of the rental period shall not automatically be deemed a permit for permanent use.
k) No refund shall apply in the event of premature return of the vehicle before expiry of the agreed rental period, unless the vehicle can be rented to a third party. No refund will be made if the length of hire is shortened or for unused days.
l) If the booked vehicle is not available, Lessor reserves the right to provide a vehicle of comparable size and equipment. Accepting a smaller vehicle will entitle Renter to a refund of the rental fee difference.
a) If, at the time of collection, no vehicle is available in the booked category, Lessor reserves the right to substitute a comparable or superior vehicle at no additional cost for Renter. The same shall apply where the vehicle was damaged through no fault of Renter or where it is foreseeable that the vehicle will not be ready for use for an unreasonably long period due to damage for reasons beyond Renter’s control. In such cases, Renter shall not be entitled to terminate pursuant to § 543(2) No. 1 of the German Civil Code (BGB), unless Lessor fails or delays or refuses to provide a substitute vehicle. Renter shall in this case be liable for any higher incidental costs such as ferry or toll fees and operating costs. In the event of conflicting legitimate interests, Renter may refuse acceptance of a superior vehicle as contractual performance.
b) If Renter accepts a vehicle of an inferior vehicle category as a replacement, Lessor shall refund the price difference in respect to the two vehicle categories.
c) If Renter destroys the vehicle, or if it is foreseeable that the vehicle is not or not fully operational for reasons for which Renter is responsible, Lessor may refuse to provide a substitute vehicle. Renter shall in this case not be entitled to terminate the contract pursuant to § 543(2) No. 1 of the German Civil Code (BGB).
Duties of Renter
a) Eligible drivers of the vehicle are the Renter and all authorised drivers stated in the rental agreement. Renter shall be required to personally collect the rented vehicle.
Renter shall further be required to provide Lessor with the names and addresses of all drivers of the vehicle and submit copies of their driving licenses and identity cards.
Renter shall be liable for his/her own actions and the conduct of all drivers. The vehicle shall be handled with due care and appropriate technical competence (including but not limited to oil/water level and tyre pressure) and properly locked. Renter shall be required to comply with all relevant legislation and technical rules and to observe the maintenance intervals. Renter undertakes to regularly check the vehicle’s roadworthiness.
b) The vehicle shall not be used
- to participate in motorsport events and vehicle tests;
- to transport of explosive, inflammable, toxic, radioactive or otherwise hazardous material;
- to commit a customs or other offence, even if such offence is only punishable under the law of the country where the office was committed;
- for sub-letting or loan purposes;
- in any way exceeding the authorised use hereunder, including but not limited to driving on terrain which is not so designated.
c) The vehicle shall not be used to drive into war zones. Journeys in Eastern Europe and non-European countries shall be subject to the express prior consent of Lessor.
d) Renter shall be entitled to request repair necessary to restore the vehicle’s roadworthiness and operating safety worth up to €150 without obtaining permission.
Any other repair shall require Lessor’s express prior consent. Unless Renter is liable for any damage, Lessor shall refund the cost of authorised repair upon submission of the relevant documentation and receipts.
e) Renter shall ensure to obtain his/her own information on the traffic rules and legislation of the countries visited during the rental period, and comply with the rules of the road.
f) Renter shall not technically modify the vehicle.
g) Renter shall not alter the vehicle’s optical appearance, including but not limited to painting, stickers or adhesive foils.
h) Animals shall be carried in designated vehicles only and with the express prior written consent of Lessor. Renter shall cover any cleaning costs incurred for failure to comply and any loss of profit accruing to Lessor for temporarily being unable to otherwise rent the vehicle.
Travel to Norway
In Norway there are several toll roads. Renters who want to travel with a Motorhome to Norway - After renting the motorhome, please enter the following url to register to the AutoPass system (select alternative 1):
Infringements and Administration Fees
We reserve the right to charge the renter for any speeding, toll way or parking fines not reported on return of the vehicle. In addition to these costs, we reserves the right to charge for associated administration costs for processing the fines. An administration fee of € 100 will be applicable.
Incident Response Procedure
In the event of accident, fire, theft, wildlife-vehicle collision or any other damage, Renter shall notify the police without delay. This shall also apply to single-vehicle accidents involving no other party. In addition, Renter shall notify Lessor in writing without delay of all details of the accident or incident. This shall also apply to minor damage. The accident/incident report shall include the names and addresses of all persons involved, including any witnesses, and the registration numbers of all vehicles involved. Renter shall not acknowledge any compensation claims of other parties involved in the accident. Renter shall inform Lessor of any other damage or irregularity relating to the vehicle when returning the vehicle.
In case of a breakdown, who do you have to contact?
In the unfortunate case of a breakdown, please follow these instructions:
In case of a breakdown which is disabling the vehicle from driving, please call the rental center customer service or to the road side assistance service.
In case of any accessories failure which does not disabling the vehicle from driving (such as Heater, aircondition, fridge, water,etc.), please call the rental center customer service during working hours.
In the unfortunate case of emergency, caused by road accident, personal incident or an unexpected issue please call Bandana Caravan. Please bear in mind that out of working hours we are handling emergency calls only. Please bear in mind there is no "Alternative motorhome".
Lessor shall be liable for any damage covered by the insurance taken out for the vehicle.
Lessor’s liability for damage not covered by insurance shall be limited to damage to property caused intentionally or by gross negligence, unless material breach of contract is involved.
This limitation of liability shall extend to include Lessor’s staff and contractors.
a) Renter shall be liable for any loss caused to Lessor by intent or gross negligence, including but not limited to DUI and damage incurred for disregarding the vehicle dimensions (height, width) as well as the payload specifications. In addition, Renter shall be fully liable for any damage falling under his/her responsibility occurring while the vehicle was used for illegal purposes (cf. No. 9), for not returning the vehicle in compliance with the agreement, for damage caused by the load or improper handling of the rented vehicle (including but not limited to operating errors or overstraining) and losses due to the Renter’s arbitrary extension of the rental period. Hit and run accidents (§ 142 of the German Criminal Code - StGB) or the Renter’s failure to comply with the duties provided under No. 11 shall fall under the full responsibility of Renter, unless such non-compliance had no impact on fact finding. Also, Renter shall be liable for any damage caused due to late return of the vehicle.
b) Renter shall be liable in full for any damage caused after making the vehicle available for use to a third party who is not indicated in the rental agreement, even if the damage was caused through no fault of such third party.
c) Renter shall account for all costs required to repair the rented vehicle. If the vehicle is beyond economical repair, Renter shall be liable to refund the replacement value less salvage value, however limited to the maximum set forth in the applicable price list as amended from time to time. Any exceeding claims for damages shall be excluded and governed by the applicable law.
d) Renter’s liability for slight negligence shall be limited to the excess agreed.
e) Renter shall be liable for any and all charges, fees, fines and penalties imposed in relation to the use of the rented vehicle and claimed from Lessor, unless Lessor is at fault. Lessor shall forward invoices etc. to Renter.
f) More than one Renter shall be jointly and severally liable.
g) Lessor shall be entitled to retain the security deposit as long as responsibility is unclear.
Period of Limitation and Non-Assignability
a) Renter shall notify Lessor in writing of obvious defects for non-compliance within 14 days after the agreed return date. Later claims shall not be admissible, unless Renter is not responsible for the delay.
b) All contractual claims of Renter shall be subject to a limitation period of one year after the date of return provided in the contract. If Renter files a claim, the period of limitation shall be suspended until the day Lessor denies the claim in writing.
c) Claims of Lessor for modification or deterioration of the rented vehicle shall become statute-barred not earlier than 12 months after the vehicle is returned to the agreed rental location. Where an accident was investigated by the police, Lessor’s claims against Renter shall not fall under the statute of limitation before the investigative files 6 were made available for inspection by Lessor. The period of limitation shall however not start later than 6 months after the return of the rented vehicle. Lessor undertakes to make reasonable efforts to inspect the files in due course and inform Renter of the time of inspection without delay.
d) Claims under the rental agreement may not be assigned to third parties.
a) Unless the person signing this rental agreement expressly identifies himself/herself as the Renter’s representative, such person shall be held jointly and severally liable in addition to the person, company or organisation on whose behalf he/she signed the rental agreement.
b) Counterclaims shall not be used as an offset against claims hereunder, unless a counterclaim is undisputed, final and enforceable or pending adjudication.
Storage and Disclosure of Contract Data
We shall disclose personal contract data to investigative or tax authorities, if Renter acted dishonestly or there is sufficient reason to believe that Renter acted dishonestly. This shall be the case where false data was given at the time of rental, or identification documents were presented that were falsified or reported lost/stolen, or if Renter failed to return the rented vehicle, failed to report a potential technical defect, or committed a traffic offence, etc.
In addition, data may be transmitted to the motorhome rental location in charge, to Autovermietung GmbH and to third party contractors, where this is required with a view to performing this rental agreement and enforcing Lessor’s contractual claims.
a) The place of performance shall be at Lessor’s registered office or at the agreed rental location.
b) Amendments to and modifications of General Rental Terms & Conditions and additional agreements shall be done in writing and signed by both parties.
c) The agreement concluded between Lessor and Renter shall be exclusively governed by German law. The provisions of the rental agreement shall have priority; the statutory provisions shall apply alternatively and as a complement.
d) Should any provision of this agreement be or become invalid or void, the validity of the remaining provisions shall not be affected.
e) If Renter is an entrepreneur as defined in § 14 of the German Civil Code, or a legal entity under public law or a special fund under public law, any and all disputes arising hereunder shall fall under the exclusive jurisdiction of the courts at Lessor’s registered office. Same shall apply, if personal jurisdiction is not or no longer vested in Germany (persons who are not domiciled in Germany, who have taken up residence outside Germany after concluding the contract, or whose domicile or habitual residence is not known at the time action is brought).