Applicable law, position of the customer, the contract
Subject of the contract is the hiring out of the motorhome. Between the landlord and the tenant a lease takes place at the The law of the Federal Republic of Germany, in the first place, the terms of this Agreement, in addition, the statutory provisions relating to the lease application.
The Hirer will organize his journey himself and the vehicle on his own responsibility. The landlord does not owe any travel services, and in particular no package of travel services. The statutory provisions on package tour contract, in particular in § § 651a-l German Civil Code shall apply to the contract either directly or accordingly.
Component of the lease is also the completely filled in by the tenant and the landlord and underwriting acquisition and return documents. Several tenants are jointly liable.
Conclusion of the contract, resignation
The lease is binding only if confirmed in writing by the landlord. The obligation of the landlord applies only to a vehicle of the agreed price group, not to a particular type of vehicle, unless expressly agreed otherwise in writing.
The landlord gives the tenant a right of withdrawal if he reimbursed the costs thus harm us in accordance with the following generalization:
up to 30 days before the specified acquisition of 25% of the agreed rental rates
up to 10 days before a specified takeover 55% of the gross rental rates
less than 10 days before the intended acquisition or the date of taking over 100% of the net rental price (excluding VAT)
The compensation shall not apply if the tenant can prove that no damages or arises to a much lower level.
If the vehicle is not covered by the stipulated date, the landlord is entitled to the immediate termination of the lease at full pay compensation to the tenant. The lessor is not obliged also to mitigate the damage to try to re-let the vehicle, as long as the lessee has not communicated in writing that they no longer take over the vehicle and for the remaining lease and, instead damages under Clause 4 will do.
Rent, payments, deposit
The rent is taken from the valid price list. Cost of fuel, lubricants (where during the rental period required), toll, parking, camping, parking lot and ferry fees as well as fines and other penalties are payable by the tenant. Fines or penalties, but not if they are based on a reason attributable to the condition of the vehicle owner and the tenant this particular having regard to its obligations under clause 6 could not avoid. Through the rent in addition to the transfer vehicle for the rental period with paid the cost of the insurance coverage in accordance with para. 9 as well as for maintenance and repair of worn parts.
Payments under the lease are payable as follows: Deposit 25% of rental price, but at least € 200, in the contract. The balance and security deposit must be paid 14 days before the agreed takeover. For bookings made until 14 days or less before departure, at the latest upon acceptance of the vehicle.
The exact amount of the tenant deposit is - unless otherwise agreed - € 1000, - and serves as security for any claims by the landlord from and in connection with the affected vehicle lease. About this is after the return of the vehicle and signing the return protocol by the tenant, billed by the landlord.
The landlord is entitled to refuse to release the vehicle, if not at the agreed pick-up date, the total rental fee and security deposit has been received by him at the latest, or the contracted driver not later than the delivery of the vehicle a valid driving license to drive a vehicle of the rented vehicle class entitled to submit the original. The vehicle is also considered responsible for not adopted in time by the tenant in this case, with the under 2 Follow shown. Additional riders who have not submitted a license may be canceled by mutual agreement to avoid the above consequences as driving beneficiaries.
Acquisition, redemption, unauthorized overrun of the rental period
Marks registered in the lease takeover and return times are strictly observed. At the time of pick up and return each a handover protocol of tenant and landlord must be signed, in the vehicle condition and accessories, possibly discrepancies shall be recorded. Transfer and redemption take place - unless otherwise agreed - each on the premises of the owner, Fortenbachweg 9, 96052 Bamberg. This has the tenant at least one carry in person at several tenants. The remaining tenants authorize in this case those responsible for conducting the acquisition or redemption. If not performed previously, the tenant must prove at the latest at time of pick up their identity with a valid passport or identity card. Failure to comply with this obligation in Section 3 applies last paragraph accordingly.
The tenant agrees to treat the vehicle with care and with a clean interior intact (according to protocol when taking over already existing damages remain unconsidered) return. Otherwise, the landlord can take the necessary measures, in particular allow the purge to make at the expense of the tenant. The rental vehicle is fully fueled return, otherwise also subject to the refueling costs (2.30 € / liter diesel) to a handling fee of 20 €. The landlord is not obligated to custody of objects that leaves the renter upon return of the vehicle.
Unless otherwise agreed, the return of the vehicle on the last day of the period specified in the lease by 10:00 clock. If the agreed return time is exceeded by the tenant for more than an hour, the tenant for the return day, in addition to pay a further full daily rate. Exceeds the tenant's proposed lease without the explicit agreement with the landlord, he owes Moreover, from the day following the agreed return day, for every day of delay, in addition to the rent in accordance with paragraph 1 for that day, a penalty of 40% the daily rental fee, for a total payment of 140% of the agreed rental period, the daily rate. This does not affect a possible further claim by the landlord for damages. Extension requests should be communicated no later than two days before the Mietbeendung. A legal claim for extension does not exist.
No refund will be made if the length of hire is shortened or for unused days. There is no refund for late pick up or early return of vehicle.
Minimum age, driver's license, use of the vehicle
Minimum age of renter is 21 years old. The vehicle may only be used by the tenant or his family members and from the persons who have been designated in writing to the landlord previously used. Any other transfer of the vehicle is prohibited. The vehicle may only be driven by holders of a corresponding valid driving license (after passing the probationary period). In case of violation, the landlord has the right to terminate without notice. The renter is fully liable for any damage caused by unauthorized disclosure or guide the car. The tenant agrees to give the names and addresses of all drivers of the vehicle at the request of the lessor known, unless they are named in the lease itself. For each fault of drivers to whom the tenant has passed the vehicle, he is personally liable. The vehicle must be secured with the utmost care against theft and damage. The tenant is obliged to comply with the statutory provisions at exactly the particular use of the rented vehicle.
The lessee is the vehicle for interests in motor sport events, vehicle tests, to transport explosive, flammable, toxic, radioactive or otherwise dangerous substances, to commit Customs or other crimes / offenses, even if these only under the law of the crime scene threatened with punishment are, to use or employ, or with the vehicle for this is not provided for, or not to be used suitable site. Also, a commercial use of the vehicle is not permitted.
Smoking in the car is not allowed! The vehicle may only within the States of the European Union, as well as Norway, Croatia and Switzerland used, or will be spent in the vehicle rental there. The destination and to prepare contributing countries must be notified in writing prior to departure to the landlord.
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.
Wear damage shall be borne by the landlord if they are not due to improper handling. If the road damage is found, the landlord is in writing or by telephone to inform each. If a repair is necessary, the vehicle is before further damage can occur, immediately stop and continued driving - even to the next garage - permitted only with the consent of the landlord. This does not apply if, after the type of damage (eg, bed suspension) a resulting damage is excluded. If the renter bring the vehicle to a repair shop, the landlord must be informed immediately and prior to the issue of the repair order. The approval of the repair is to be seen. Repair costs are covered by the landlord only if the repair has been previously approved by him and only on presentation of supporting documents. If the vehicle damage over a minimum limit of 50 € the tenant must immediately send beyond a damage report with the circumstances of the loss and description of the damage by facsimile to the landlord.
To avoid damage to the awning, note the following: Never use the awning in strong winds and / or rain and leave it unattended in the extended state never. The cost of a new awning with mounting may exceed the deposit amount!
Incorrect filling of the water and diesel fuel tanks:
The water system may, if improperly diesel fuel was filled into the tank can not be cleaned. It must be completely replaced. This usually affects tanks, boilers, pump, faucets and pipes. The cost is fully borne by the tenant as the tenant is liable for all resulting damages.
In order to mitigate damages the tenant is obliged to clarify with the owner whether on the completed roadside assistance services such as hotel accommodation, replacement vehicle (car), return train travel etc. to obtain vehicle retrieval initially in cooperation. Where such services range, these are used for relief of the landlord.
Event of an accident
In traffic accidents the tenant has to take all measures to ensure the preservation of evidence (the accident) and the compensation claims of the lessor against third parties. The tenant has necessarily to the police. On the spot, the arrival of the police is to be seen. No claims may not be recognized. Of debt are not to give. Even minor damage to the lessor is to be made a report, including a sketch. The accident report must include the names and addresses of the persons involved, vehicles, license plate number, announced security numbers, names and addresses of witnesses included, and must be forwarded by fax immediately to the landlord. A letter signed by the tenant of the original accident report must be handed over upon return of the vehicle to the lessor. If the vehicle is not roadworthy, the landlord must be informed immediately. Also in case of fire, theft and damage caused by game are immediately notified by the tenant, the landlord and the local police authority.
The vehicle is insured in accordance with the respective applicable insurance conditions as follows: Liability insurance: property and economic damage: € 50 million; personal injury per injured person: max. € 8 million. Comprehensive insurance: cost sharing € 1000, - per claim; Teilkasko: cost participation € 300, - per claim.
For any goods carried no insurance is complete. The loss of car documents, tools, accessories and personal belongings is always at the expense of the tenant, unless there is a fault of the landlord. Car papers must not be left in the vehicle when leaving the vehicle.
Liability of the lessee / obligations of the tenant
The tenant is responsible for all of it inflicted damage including the total loss of the vehicle. In particular, for any damage caused by the freight or improper treatment such as poor storage or inadequate closure of the lessee shall be liable without limitation. If the damage is compensated by insurance, especially by insurance companies under section 8 affects in favor of the tenant, the self-adhesion is maintained in amounts reported in Section 8 deductible. A self-adhesion of the tenant enters lack of obligation to pay an insurance especially if the tenant has caused the damage with intent or gross negligence or the damage caused by alcohol or drug-related driving impairment. The same applies regularly for damage caused by non-observance of headroom in accordance with § 41 Section 2 para. 6 Highway Code are caused, or if the tenant the vehicle not used as intended or passes it on to other, non-authorized persons or violates the provisions of the behavior after traffic accidents.
Other obligations of the tenant: If the vehicle fails, the tenant must worry about the damage repair. The landlord is immediately to contact and coordinate the next steps. There is a returner obligation of the lessee. This means that the vehicle must be by the tenant - unless otherwise agreed - always be returned to the handover (Bamberg). The assistance insurance (emergency number) should be used. Services of assistance insurance can be taken in coordination with the letter of protection insurers in claim (eg hotel, replacement vehicle (car)).
Liability of the lessor
For not covered by insurance damage, the liability of the landlord is limited to property damage and financial loss to intent and gross negligence, unless that doing significant contractual obligations have been violated. As a material contractual obligations in this sense are obligations whose fulfillment the proper execution of the contract possible in the first place and on whose compliance the contracting partner may regularly rely (cardinal obligations). This limitation of liability shall also extend to employees of the lessor and its contractors or other agents. In particular, the rights of the tenant under § § 536 and 536, paragraph 1 be excluded a para 1 BGB, unless there is a fault of the landlord. § 536d BGB remains unaffected.
Claims for damages of the tenant to the landlord due to vehicle failure or any defects on the vehicle are excluded.
If the rental vehicle at departure for example not be available due to a vehicle failure, the landlord, another vehicle - if possible - provide. If no other vehicle to be present, the tenant has the right to immediately terminate the rental agreement. In this case the tenant receives the rental back immediately. Claims for damages by the renter thereof against the Lessor shall be excluded.
Storage and disclosure of personal data
The tenant agrees that his personal data are stored by the landlord. The disclosure to third parties is always in zweckentsprechendem extent permitted if when renting false statements are made, the rented vehicle is not used or returned as agreed, claims the landlord are not properly met, or if because of Act or disorderly conduct against the tenant or whose rider is operating a process.
Changes and additions to the completed rental agreement are applicable only after written fixation that could be done by mutual faxes. Our employees are not authorized to approve changes already concluded contracts or deviations from these lease conditions. Such changes will be effective only if they have been confirmed by the Board pursuant to sentence 1.
If a contractual provision be invalid, the contract remains in effect for the rest.
If the tenant is a business within the meaning of § 14 German Civil Code, a legal entity under public law or a public law special fund, will have exclusive jurisdiction in the place of business of the lessor for all claims arising out of or under this contract, agreed . The same applies to persons who have or those who transferred their residence or habitual residence outside of Germany after conclusion of the contract or whose domicile or habitual residence at the time of action is not known no general jurisdiction in Germany. However, the landlord may sue at his own seat in these cases also, at its option, the tenant.