Terms and Conditions

GENERAL RENTAL TERMS / Van and Camping

Multiple renters form a renter group. Each renter has identical rights and obligations.

1. Conclusion of the binding rental agreement:

1.1. Agreements or declarations that were made only verbally, without written confirmation, by email or SMS, are in any case legally ineffective. A rental agreement for the vehicle can only be concluded in writing, usually by both parties signing this agreement.

1.2. The rental agreement is concluded between the contracting parties. Any transfer or assignment of the renter’s rights arising from the rental agreement to third parties is only possible with the lessor’s explicit prior written consent.

1.3. The vehicle may not be handed over to third parties for use without the lessor’s prior written consent; it may only be driven by the drivers/renters named in the rental agreement.

2. Termination, cancellations:

2.1. If no return date for the vehicle has been specified (open-ended rental), either party may terminate the rental relationship by observing the statutory notice period (§ 580a German Civil Code – BGB). If the rent is calculated by days, termination may be declared pursuant to § 580a (3) BGB on any day with effect to the end of the following day.

2.2. In the case of fixed-term rental agreements, the agreed rental period (dates) is binding for both parties and may only be extended or shortened by mutual agreement.

2.2.1. Termination or cancellation of the agreement is excluded for both parties, except for an important reason within the meaning of § 543 BGB.

2.2.2. The renter is obliged to return the vehicle to the lessor no later than the stated time, taking usual time tolerances into account. If the renter collected the vehicle from the lessor, the renter must return it to the lessor. If collection by the lessor has been agreed, the vehicle must be made available for collection at the agreed place at the stated time.

2.2.3. The rental relationship does not automatically extend if the renter fails to return and hand over the vehicle on time. In the event of late return, the lessor may demand compensation from the renter pursuant to § 546 BGB in the amount of the agreed rental price.

3. Use and prohibited use of the rental vehicle

3.1. Use of the vehicle is permitted exclusively within the European Union (EU), excluding Cyprus. In addition, use is permitted in Albania, Andorra, Liechtenstein, Monaco, Norway, San Marino, and Switzerland. Outside these areas there is no insurance coverage under the motor vehicle insurance (in particular comprehensive coverage). If the renter wishes to use the vehicle in other countries or territories, prior written consent from the lessor is required.

3.2. The lessor generally does not permit the use of the vehicle for the following purposes:

3.2.1. Participation in races, driver trainings, off-road driving, as well as festivals of any kind; driving on unpaved roads (exception: campsites) and similar uses,

3.2.2. Transport of easily flammable, toxic, or otherwise hazardous substances.

3.2.3. Transport of furniture or furniture-like items, building materials, waste, green cuttings, etc.

3.2.4. Any use in connection with the commission of criminal offenses or customs/tax violations, in particular transporting substances covered by narcotics laws.

3.3. Use of the vehicle is not permitted if the renter or driver does not possess a valid driving license recognized in Germany, is subject to a driving ban, or the driving license has been provisionally revoked.

3.4. Use of the vehicle is not permitted if the driver is not able to safely operate the vehicle due to the consumption of alcoholic beverages or other intoxicating substances (unfit to drive).

4. Minor repairs, fuels, oils

4.1. Fuel, engine oil, AdBlue, and other auxiliary and operating materials consumed during the rental period must be purchased by the renter at their own expense.

4.2. Minor repairs such as replacing light bulbs may be carried out by the renter themselves or, up to an amount of EUR 100 per individual case, without prior agreement with the lessor, by a specialist workshop. The lessor reimburses the renter upon presentation of an invoice receipt and the replaced damaged part. No reimbursement without an invoice receipt. The renter’s own work is not remunerated.

5. Duty of care of the renter and liability for damage

5.1. The renter must thoroughly inspect the vehicle before taking possession. If damage or defects are identified, the renter shall notify the lessor in text form.

5.2. From the time of handover, the renter must handle and use the vehicle as a prudent owner concerned with preserving its value would. In particular, the renter is obligated at their own expense to:

– Secure the vehicle appropriately against damage in extreme weather conditions (e.g., hail, storm, flooding, heavy snowfall);

– If vandalism damage is feared, secure the vehicle appropriately at the renter’s own expense, e.g., by parking it in a secured garage;

– If warning lights in the vehicle (e.g., for oil level/oil pressure, water, temperature, brake wear or other) indicate a problem, the renter must act in accordance with the instructions set out by the manufacturer in the vehicle’s operating manual;

– Check the engine oil level and auxiliary units as well as the tire pressure before each longer trip and correct them as required in accordance with the manufacturer’s specifications.

5.3. Within the scope of the renter’s general duties of care owed to the lessor, the renter is also responsible for the fault of passengers and fellow travelers. A passenger/fellow traveler is anyone who is in or at the vehicle with the renter’s knowledge and consent.

5.4. The renter is liable for all financial losses of the lessor arising from a culpable breach of the general duties of care and those arising under this rental agreement, within the statutory scope.

In insurance cases, the lessor is obligated to first make a claim under the vehicle comprehensive or partial insurance (comprehensive/partial coverage). Insurance benefits reduce the renter’s obligation to pay damages.

5.5. If the lessor repairs damage themselves or through their own employees, an hourly rate of EUR 55.00 (net) per working hour and person is agreed as appropriate compensation. Likewise, the lessor may charge the renter EUR 55.00 (net) per commenced working hour for the effort required to remedy damage caused by the renter.

5.6. If damage to the rental property caused by the renter requires repair by a specialist workshop, the workshop to carry out the repair shall be determined by the lessor.

5.7. The lessor reserves the right to seek recourse against the renter if damage caused by the renter leads to loss of subsequent business.

6. Non-accident-related vehicle damage and technical defects:

6.1. The renter is liable within the statutory scope for all damage to the vehicle caused by operating errors during the rental period.

6.2. If, after handover to the renter, non-accident-related technical defects occur that significantly restrict usability, both parties are entitled to terminate the agreement with immediate effect without notice, provided that the defect cannot be remedied promptly by repair.

6.3. For the duration of the impairment caused by a technical defect, the daily rental price shall be reduced by 1/24 per commenced hour. Even in the event of termination, the renter waives any further claims unless the technical defect was caused by gross negligence or intent on the part of the lessor.

6.4. If the agreement ends due to immediate termination under section 6.2, the renter remains obligated to pay the agreed rent up to the time of termination. The parties mutually waive any further claims, in particular damages including consequential damages. This waiver does not apply if the defect is attributable to gross negligence or intent on the part of the lessor.

6.5. Sections 6.2 to 6.4 do not apply if the renter is liable for the damage under section 6.1 due to an operating error, i.e., the defect is attributable to an operating error by the renter.

6.6. The renter must notify the lessor immediately of any technical defect. If notification is omitted, the renter must compensate the lessor for the resulting damage.

7. Traffic accidents, limitation of the renter’s liability:

7.1. The lessor is not liable for items brought into the vehicle by the renter, such as luggage, cameras, or bicycles. In the event of traffic accidents, the lessor must provide the renter in text form with all data required to assert their own claims for damages or compensation for pain and suffering against accident opponents; this also applies to corresponding claims of passengers and fellow travelers.

7.2. In the event of a traffic accident, provided it is not merely a minor accident that does not significantly restrict the vehicle’s usability, both parties are entitled to terminate the agreement with immediate effect without notice. In this case, the renter remains obligated to pay the agreed rent up to the time of termination.

7.3. In the event of traffic accidents (even without third-party involvement), fire, animal collision damage and other damage, the renter must immediately call the local police and ensure that the accident/damage is recorded, notify the lessor, submit a detailed accident report including an accident sketch, and in accidents involving third parties record license plates of involved vehicles, their liability insurers, and the names and addresses of drivers and witnesses.

7.4. The renter’s liability for damage is governed by statutory provisions. Unless the renter is culpable of a breach of obligations under section 7.3 or 7.5, the renter’s liability is limited to EUR 1,500 per claim, insofar as the vehicle insurance covers comprehensive/liability damages. The insurance terms are handed over together with the rental agreement.

If the renter has taken out additional insurance to cover the deductible, the deductible per claim shall deviate and correspond to the deductible insured there, but at least EUR 1,500.00.

7.5. If the renter’s conduct after a traffic accident (e.g., leaving the scene of an accident), or the renter’s conduct that caused the accident, a violation of the prohibited uses under section 3, or any other breach of duty leads to the vehicle comprehensive or partial insurance being wholly or partially entitled to refuse coverage pursuant to the German Insurance Contract Act (VVG), the renter is liable within the statutory scope for all financial losses of the lessor to the extent not covered by insurance benefits.

For example, comprehensive insurance may refuse coverage if the renter drives the vehicle under the influence of alcohol or other intoxicants or leaves the scene of an accident.

7.6. If the renter’s conduct during the use of the rental object leads to damage and a subsequent rental cannot take place due to the renter’s misconduct, the renter may be held liable within the statutory scope for the loss of subsequent business.

7.7. With effect from the time the renter has satisfied all of the lessor’s claims for damages, the lessor assigns to the renter any claims for damages that may exist against third parties for the purpose of enforcement.

8. Duty of care and liability of the lessor:

8.1. The lessor is obligated to demand settlement of all vehicle damage constituting an insured event from the relevant vehicle insurers, insofar as this does not appear uneconomical or obviously futile.

8.2. The lessor may refuse performance insofar as it is impossible for the lessor. This applies in particular if the vehicle was damaged before the start of the rental period due to a traffic accident or force majeure (natural events) such that it is no longer usable, and repair or replacement procurement was no longer possible before the start of the rental period or would have required an effort which, taking into account the rental duration and the agreed total rental price and the principles of good faith, would be grossly disproportionate to the renter’s interest in performance.

8.3. The lessor may also refuse performance if they cannot obtain insurance coverage through comprehensive vehicle insurance under economically reasonable conditions.

8.4. In the event of non-performance under sections 8.2 and 8.3, claims for damages against the lessor—regardless of legal basis—are excluded unless the lessor is guilty of gross negligence or intent. However, the lessor is obligated to refund all payments received from the renter immediately.

8.5. The lessor does not provide any warranty that the vehicle is suitable for the purpose intended by the renter.

8.6. Strict liability of the lessor is excluded. The lessor is liable only for intent and gross negligence; for slight negligence only in the event of breach of essential contractual obligations. These limitations do not apply in cases of injury to body, life, or health, nor in cases of fraudulent concealment of vehicle defects.

This limitation of liability applies accordingly to all defects of the vehicle or other damage arising after conclusion of the contract or after handover of the vehicle.

9. Loss of keys or vehicle documents:

9.1. If the renter is responsible for the loss of vehicle documents or a key, the renter is obliged to bear the costs of obtaining replacements and to compensate the lessor for the associated time and other effort.

9.2. The lessor’s time expenditure shall be compensated at EUR 55 (net) per hour. The renter may reduce the lessor’s effort by their own actions.

10. Technical and visual modifications:

10.1. The renter may not make any technical changes to the vehicle.

10.2. The renter is not authorized to visually modify the vehicle; this includes in particular paintwork, stickers, or adhesive films.

10.3. The renter expressly assures that during the rental period no damage has occurred to the rental property that was repaired—without the lessor’s consent (prior consent/subsequent approval)—by self-repair or third-party repair before returning the vehicle.

11. Data protection

11.1. The renter agrees that the lessor stores the renter’s personal data.

11.2. The lessor may pass these data on to third parties with a legitimate interest if the information provided at the time of rental is materially incorrect, or if the rented vehicle is not returned within 2 hours after the end of the (possibly extended) rental period, or if rental claims must be asserted in reminder/collection proceedings. In addition, data may be forwarded to all authorities responsible for the prosecution of administrative offenses and criminal offenses or their authorized representatives if the renter has in fact acted dishonestly or there are sufficient indications of this. This may apply, for example, in the case of false information regarding the rental, presentation of false or reported-lost identity documents, failure to return the vehicle, failure to report a technical defect, traffic violations, etc.

11.3. Before concluding the contract, information regarding the renter’s risk of payment default may be obtained. The prospective renter/renter gives their consent for this purpose. For this purpose, we may transmit names and contact details to Creditreform. Further information on data processing at Creditreform can be found in the detailed information sheet “Creditreform information pursuant to Art. 14 EU-GDPR”. If the result is negative, we reserve the right not to conclude rental agreements with our customers.

11.4. The vehicles may be equipped with a GPS system for theft monitoring. The lessor reserves the right to immobilize the vehicle remotely and, in case of suspicion, to pass on traffic data to appropriate third parties and authorities.

12. Choice of law, place of jurisdiction, miscellaneous

12.1. Compliance with road traffic laws when operating the vehicle and participating in public road traffic domestically and abroad is solely the renter’s responsibility.

12.2. The parties agree that German law shall apply to their mutual legal relations arising from this rental agreement.

12.3. If the renter has no general place of jurisdiction in Germany, the parties agree on the jurisdiction of German courts for disputes that could arise from this rental agreement/rental relationship. The competent court shall be the court at the lessor’s general place of jurisdiction, unless exclusive jurisdiction lies with the local court in whose district the rented object is located.

12.4. If and insofar as any provision of this agreement violates mandatory statutory law, the corresponding statutory provision shall replace it.