SuNCa Motorhome Rental General Terms and Conditions (GTC)

§ 1 Scope, definitions

1. Scope

These terms and conditions apply to all business relationships between landlords and tenants. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive. The terms and conditions of the landlord apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the lessee are not part of the contract, even if the lessor is aware of these conditions. Something else only applies if the landlord expressly agrees to the validity of these conditions when the contract is concluded. In particular, the general terms and conditions of the landlord also apply exclusively if the landlord, knowing the general terms and conditions of the tenant, rents out the mobile home to the tenant without reservation.

2. Definitions

Within the meaning of these terms and conditions, consumers are: natural persons with whom the landlord enters into business relationships without them acting in the exercise or for the purpose of a commercial or self-employed professional activity.

Entrepreneurs: Natural or legal persons or persons and companies with legal capacity with whom the Lessor enters into business relationships and who act in the exercise of their commercial or self-employed professional activity.

Renters: Both consumers and entrepreneurs who rent motorhomes from the lessor.

Renter: Michael Krull, Hadermarkt 8, 83324 Ruhpolding

§ 2 Subject of the contract

The subject of the contract between the lessor and the lessee is exclusively the rental of a mobile home by the lessee from the lessor (rental contract) with the rights and obligations agreed in the rental contract and the general terms and conditions. By concluding the rental contract, the lessee receives the right, limited to the agreed rental period, to use the motorhome to the agreed extent. The rental agreement ends when the agreed rental period expires. An extension of the rental period is only possible with the express consent of the landlord in text or written form. The tacit extension of the rental contract through continued use of the rental property (§ 545 BGB) is excluded even without a declaration of conflicting intent.

By concluding the rental agreement, the landlord receives a claim against the tenant in particular for payment of the agreed rent and for compliance with all other obligations of the tenant regulated in the contract, including the general terms and conditions of the landlord.

The rental contract is not a travel contract within the meaning of §§ 651a ff. BGB. In particular, the lessee organizes his trips and overnight stays himself. The lessor is not responsible for providing travel services, in particular a total of travel services (trip). The legal regulations on the travel contract are therefore not applicable. § 3 Authorized Drivers, Submission of Documents, Permitted Uses, Trips Abroad and to War Zones.

§ 3 Authorized drivers, templates of documents, permitted uses, trips abroad and to war zones

A motorhome may only be driven by the renter and the drivers specified in the rental agreement who meet the following requirements (authorized drivers):

For motorhomes with a permissible total mass of up to 3.5 tons.

The renter of a mobile home and the driver specified in the rental agreement must be at least 21 years of age when the vehicle is handed over and have held a valid driving license in Germany for the class required for the rented mobile home for at least three years (e.g. class III or B).

If a mobile home is to be driven by other people who meet the above requirements, this can be agreed in writing with the lessor until the vehicle is handed over. The lessee is responsible for ensuring that only authorized drivers drive the mobile home. The lessee must document the names and addresses of all persons who drive the mobile home during the rental period and provide the lessor with this information upon request.

2. Submission of documents

Before handing over the motorhome, the renter must present a valid domestic driving license for each driver specified in the rental agreement as well as his valid identity card or passport, which is required to drive the motorhome. The presentation of the documents is a prerequisite for handing over the motorhome to the tenant.

If the renter is unable to present the required documents for himself and/or individual specified drivers at the agreed handover date, the specified driver(s) must be removed as a driver from the rental agreement at the request of the landlord. The authorization of these drivers no longer applies once they are removed from the rental agreement. Deletion does not affect the landlord's claim to the agreed rental price.

If the tenant is unable to present the necessary documents for himself and all other specified drivers at the agreed handover date, the landlord is entitled, after setting a reasonable grace period, to terminate the rental agreement without notice.

If the landlord terminates the rental agreement without notice after the grace period has expired without result, the tenant's claims for non-performance are excluded; the regulations on extraordinary termination without notice for which the tenant is responsible (Section 7 Paragraph 2) also apply.

If the handover of the motorhome is delayed due to documents not being submitted on time, the tenant must bear the resulting costs.

If the address/location of the tenant changes between the conclusion of the rental agreement and the complete execution of the rental agreement, the tenant must inform the landlord of the new address immediately and without being asked.

3. Use of the motorhome

The motorhome may only be used on public roads.

The motorhome must be treated carefully and in accordance with the regulations and technical rules applicable to its use. The operating instructions/manuals must be observed. The renter must properly lock the motorhome while away.

The relevant regulations, load requirements, vehicle dimensions (height, width, length) and technical rules must be observed.

The tenant is obliged to regularly check the operational readiness and road safety of the motorhome. In particular, he will monitor the oil and water levels as well as tire pressure and correct them if necessary.

In particular, the motorhome may not be used:

• for motorsport purposes, in particular driving events in which it is important to achieve a top speed, or for the associated practice drives,
• for vehicle tests or driving safety training,
• for other purposes that lead to excessive strain on the motorhome,
• to driving school exercises
• for commercial passenger transport,
• for subletting,
• for rental,
• to commit crimes, even if they are punishable only according to the law of the place where the crime occurred and
• for the transport of highly flammable, toxic or otherwise dangerous substances.

Smoking in motorhomes is prohibited, these are non-smoking vehicles.

4. Trips abroad and to crisis/war zones

The renter/driver must independently inform himself about traffic regulations and laws of the countries visited with the motorhome during the rental period as well as the transit countries and comply with the applicable traffic regulations. The tenant is only entitled to travel abroad with the motorhome within Europe.

As an exception to this principle, trips to Bulgaria, Greenland, Iceland, Romania, Russia, Turkey, Ukraine as well as the Canary Islands, Madeira or the Azores are not permitted. If the tenant wishes to travel to these countries or to non-European countries, he is only permitted to do so with the prior express consent of the landlord. The tenant is always prohibited from traveling to crisis and war zones.

§ 4 Rental price, service fee, deposit and other costs

1. Rental price

The rental price to be paid by the tenant to the landlord is regulated in the rental agreement and is generally based on the price list valid at the time the contract is concluded.

The rental price is calculated per night. The price per night may vary depending on the season in which each night falls.

In addition to the rental fee, the rental price only covers the costs of vehicle insurance (see § 11) as well as maintenance and repairs due to wear and tear, unless otherwise expressly agreed between the landlord and tenant in writing or in text form.

For a rental period of 5-14 days, the rental agreement includes a mileage of 300 km/day. Additional kilometers will be charged at €0.34/kilometer.

For rental periods of 14 days or more, all kilometers are included. In particular, the rental price does not include fuel costs, tolls, parking, camping, parking spaces and ferry fees, fines and other penalties as well as other operating costs. These costs are to be borne exclusively by the tenant.

If the renter returns the motorhome before the end of the agreed rental period, he or she must pay the full contractually agreed rental price, unless the landlord can rent the motorhome to someone else in the period between the actual return and the agreed end of the rental. If another rental is actually possible during this period, the rental price to be paid will be reduced accordingly. If the tenant does not return the motorhome to the landlord on the date agreed in the rental agreement, the landlord is entitled to demand a fee at least equal to the previously agreed rent as compensation for use for the duration of the withholding; The landlord reserves the right to assert further damages. This also applies if the tenant is not at fault for the late return.

2. Service fee

A one-time service fee is charged for each rental. The service flat rate includes thorough instructions on how the motorhome works, handing over the motorhome in operational condition, filling a propane gas bottle and a full fuel tank. The amount of the service fee applicable can be found in the price list valid at the time the contract is concluded.

3. Deposite

The tenant is obliged to deposit a sum of money with the landlord (deposit) as security for the fulfillment of his obligations. The amount of the deposit is €1,500 and must be received by the landlord by bank transfer or PayPal no later than 10 days before the vehicle is picked up. The landlord will reimburse the tenant the deposit if the motorhome is returned properly (see § 10) after the final settlement of the rental agreement.

A security deposit of 25% of the deposit will be withheld due to the delayed delivery of traffic offenses in Austria, Switzerland, Italy, Croatia, etc. The remaining amount will be transferred to the tenant account interest-free after 1 year, without any further payment obligations.

If the tenant has to bear additional costs that go beyond the rent owed and the service fee, these will be offset against the deposit. If there is damage to the motorhome when it is returned, the landlord is entitled to withhold the deposit until the amount of damage/repair costs and the obligation to bear the costs have been clarified.

Additional costs may arise in particular for cleaning work, extra kilometers, refueling, bus payment procedures, damage and insurance deductibles in the event of damage.

4. other costs

Other costs for the tenant arise in particular in the following cases:

If the renter drives the motorhome more than the maximum number of kilometers agreed in the rental agreement, he or she will be charged €0.35 for each additional kilometer driven.

If the tenant returns the motorhome to the landlord without first having sufficiently cleaned the interior of the vehicle, the landlord will charge the tenant a cleaning fee for cleaning the interior of the vehicle. The same applies if the renter returns the motorhome without first having sufficiently cleaned the toilet, the toilet cassette and disposed of the wastewater. The flat rate to be paid by the tenant for interior cleaning and toilet/toilet cassette cleaning is €140.

The renter hands over the motorhome to the tenant with a full tank and must be returned by the tenant with a full tank. If the renter does not return the motorhome with a full tank, the landlord will charge the renter the costs for filling the motorhome with a full tank. 2.50 €/L.

Damaged or missing items will be charged to the tenant if the tenant is responsible for the damage or loss.

Further costs to be borne by the tenant, in particular fees and charges, may also result from the current price list.

§ 5 Booking and booking changes

1. Booking

A rental agreement for a motorhome (booking) is only and only concluded when the landlord and tenant have concluded a rental agreement signed by both.

A booking is only valid for a motorhome category, not for a specific vehicle type. There is no requirement for a specific floor plan. The landlord is entitled to rebook the tenant to a motorhome of equal or higher quality while maintaining the agreed conditions. If the landlord offers the tenant a motorhome from a cheaper category and the tenant accepts this, any difference in rental price between the two motorhomes will be reimbursed.

2. Booking changes

The rental period agreed in the rental agreement is binding.

If the tenant wishes to change the agreed rental period, this can only be done under the following conditions:

• the landlord agrees to the booking change in writing or in text form
• The tenant has informed the landlord of his request for changes at least 30 days before the agreed start of the rental period
• The renter has corresponding free capacity and the desired new rental period is in the same calendar year as the one booked
• The desired new rental period corresponds in scope to the one booked.

However, the tenant has no legal right to change the booking. The expected rental price calculated based on the booking data must be received free of charge on the landlord's account to be disclosed to the tenant no later than 28 days before the start of the rental period.

§ 6 Terms of payment and default in payment

1. Deposit

The tenant is obliged to pay the landlord a deposit on the agreed rental price. The deposit amounts to 25% of the rental price, but at least 100 €. The receipt of the deposit by the Lessee must take place within 10 days after the signing of the rental agreement by the Lessor and the Lessee.

If this period is exceeded by the Lessee, the Lessor shall be entitled to terminate the rental agreement extraordinarily and without notice after the expiry of a reasonable grace period. Further details are regulated in § 7 No. 2.

2. Rental price

The remaining rental price owed by the Lessee, the agreed service fee and other payments owed by the Lessee according to the rental agreement must be received in full by the Lessor no later than 10 days before the agreed date for handover of the vehicle.

3. Deposite

The full deposit (see above § 4 No. 3) is to be paid by the Lessee to the Lessor at the latest 10 days before the vehicle is taken over.

In case of short-term bookings (less than 10 days until the rental date), the deposit and rental price are due immediately.

4. Default of payment

If the Lessee defaults on its payment obligations, interest on arrears shall be charged in accordance with applicable statutory provisions.

§ 7 Withdrawal, revocation and termination as well as cancellation conditions and consequences of the

Non utilization of the service

1. revocation and withdrawal of the tenant

It is pointed out that a general right of withdrawal and revocation of the tenant is not provided by law for rental agreements.

In particular, it is pointed out that a right of withdrawal pursuant to Section 355 of the German Civil Code (BGB) in accordance with Section 312g (2) (9) of the German Civil Code (BGB), among other things, does not exist for the rental of motor vehicles if the contract provides for a specific date or period for the performance. However, insofar as the Lessee is nevertheless actually entitled to a statutory right of revocation or withdrawal in individual cases, this shall remain unaffected by these GTC.

2. termination of the lease

The rental agreement is concluded for a fixed period of time and ends at the time of the agreed return date without the need to terminate the rental agreement (time limit). The right of the tenant and the landlord to terminate the lease agreement properly is excluded.

The right of the tenant and the landlord to terminate the lease for cause extraordinarily and without notice remains unaffected. In particular, the lessor is entitled to terminate the lease for cause extraordinarily without notice if:

• the tenant fails to make an agreed payment or provide security (deposit) even after expiry of a reasonable grace period set by the landlord;
• the Lessee is unable to present the required documents for himself and all other drivers specified in the rental agreement when taking over the vehicle (§ 3 item 2);
• Force majeure or other circumstances beyond the Lessor's control make it impossible to fulfill the contract;
• A motorhome was culpably booked under misleading or false information or concealment of material facts;
• essential may be the identity of the customer, the ability to pay or the purpose of use;
• the purpose or reason for the rental is unlawful, or
• there is a violation of essential obligations and duties of the renter. The justified extraordinary termination by the lessor does not entitle the customer to damages.

If the Hirer is responsible for the extraordinary termination of the Rental Firm, the Rental Firm shall deduct the income from renting the motorhome to another party during the agreed rental period as well as the saved expenses from a claim for damages against the Hirer. If the motorhome is not rented to another party, the lessor may make a lump-sum deduction for saved expenses as follows:

The tenant has to pay in case of a cancellation

• up to 40 days before the beginning of the rental period 25% of the rental price to the lessor.
• 39 up to 20 days before the start of the rental period 40% of the rental price to the lessor.
• 19 up to 10 days before the beginning of the rental period 60% of the rental price to be paid to the landlord.
• less than 10 days before the beginning of the rental period or during the rental period 80% of the rental price to the lessor.

If the vehicle is not picked up without informing us, the entire amount is due. The lessor is at liberty to claim further damages. The lessee is free to prove that the claim has not arisen or has not arisen in the amount claimed.

3. cancellation conditions

The Lessor grants the Lessee a right to cancel his booking under the conditions described below.

f the Lessee wishes to cancel his booking, the minimum cancellation fee to be paid by the Lessee to the Lessor is 200,- Euro.

Otherwise, he can cancel as follows:

• Cancellation up to 40 days before the beginning of the rental period against payment of 25% of the rental price (cancellation fee) to the landlord.
• Cancellation 39 to 20 days before the beginning of the rental period against payment of 40% of the rental price (cancellation fee) to the lessor.
• Cancellation 19 up to 10 days before the beginning of the rental period against payment of 60% of the rental price (cancellation fee) to the landlord.
• less than 10 days before the beginning of the rental period against payment of 80% of the rental price (cancellation fee) to the lessor.

If the vehicle, without informing us, is not cancelled/collected the full amount will be due.

A cancellation is only effective if the lessee declares it in text or written form to the lessor.

Decisive for the calculation of the amount of the cancellation fee to be paid by the tenant, if it exceeds the minimum cancellation fee of 200 euros, is the date of receipt of the cancellation declaration by the landlord.

The lessor shall take into account the income from renting the motorhome to another party during the agreed rental period as well as the saved expenses.

The lessee is at liberty to prove that the lessor has only incurred a lesser or no damage. The contractual right to cancel does not exist if the tenant has booked a special offer, especially so-called taster tours.

4. non-use of the motorhome

If the Hirer does not make use of the motorhome and has not effectively exercised his right of cancellation and if there is also no statutory right of withdrawal or termination on the part of the Hirer and if the Rental Firm does not agree to a cancellation of the contract, the Rental Firm shall retain the claim to the agreed rental price despite not making use of the motorhome. The lessor shall take into account the income from renting the motorhome to other parties during the agreed rental period as well as the saved expenses.

If the motorhome is not rented to another party, the lessor may make a lump-sum deduction for saved expenses. In this case, the lessee is obliged to pay at least 80% of the contractually agreed rental price. The lessee is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

§ 8 Replacement motorhome

If the motorhome is destroyed through no fault of the Hirer or if it can be assumed that the use of the motorhome will not be possible for an unreasonably long period of time as a result of a defect/damage for which the Hirer is not responsible, the Rental Firm reserves the right to provide the Hirer with a comparable or larger motorhome. If the Lessor provides a corresponding replacement motorhome within a reasonable period of time, the Lessee shall have no right to terminate the rental agreement in this respect. If the lessee incurs higher additional costs due to the replacement vehicle, such as ferry or toll fees as well as operating costs, these shall be borne by the lessee. Insofar as legitimate interests of the Hirer are opposed, the Hirer may refuse to accept a larger motorhome as not being in accordance with the contract. If the lessor offers the lessee a substitute motorhome from a more favorable category and the lessee accepts the offer, any difference in rental price between the two motorhomes shall be reimbursed by the lessor.

§ 9 Obligations of the Lessee, Conduct in the Event of Accidents and Damages

1. obligations of the tenant

The motorhome may only be driven by the renter himself/herself or the driver(s) specified in the rental agreement. Anything else applies only in case of emergency. The Lessee is obliged to inform the Lessor of the names and addresses of all drivers of the vehicle and to provide a copy of their driver's license and identity card.

The Lessee is obliged to inform all drivers about the validity of the GTC.

Before leaving the motorhome to an authorized driver, the Lessee shall ensure that the driver is in a roadworthy condition and is not subject to a driving ban.

When leaving the motorhome, it must be secured against theft using the existing devices, in particular it must be locked and the steering wheel lock must be engaged. The papers and keys for the motorhome must be carried by the Hirer when leaving the vehicle and must be protected against unauthorized access.

The renter is not allowed to make any technical or optical changes to the motorhome. Pets may be taken along. The tenant is solely responsible for the fact that the entrainment itself, but also the way of transport, are appropriate and species-appropriate.

When taking along persons, especially children up to 12 years, § 21 StVO must be observed and followed by the renter and the respective driver.

2. behavior of the tenant in case of accidents and in case of damage

In the event of accidents or fire, theft or other damage, the renter/driver must immediately call the police and notify the lessor. In case of accidents (also without third party involvement) the renter/driver has to stay at the place of the accident until he has completely fulfilled his duty to clarify the facts of the case within the framework of the legal provisions (in particular § 142 Criminal Code-StGB). If the police refuse to record the accident, the Lessee shall provide the Lessor with evidence of this in a suitable form.

In addition, the Lessee shall immediately inform the Lessor in detail in writing in the form of a report about the course of events and the consequences of an accident or accident-related incident.

§ 10 Obligations of the tenant

The vehicle may - except in emergencies - only be driven by the renter himself/herself or the driver(s) specified in the rental agreement. The renter must appear in person when picking up the rental vehicle. The Lessee is obliged to provide the Lessor with the names and addresses of all drivers of the vehicle and to provide a copy of their driver's license and identity card.

The Lessee undertakes to check, before handing over the rented vehicle to another driver, whether the latter is in a fit condition to drive at the time of use and is in possession of the required and valid driving license and is not subject to a driving ban. Furthermore, the renter has the obligation to inform the driver about the validity and content of the General Rental Terms and Conditions.

The rented vehicle must be handled carefully and properly (this includes in particular checking the oil and water levels as well as the tire pressure, use of the prescribed fuel), operated properly and in accordance with the specifications and locked properly in each case. The steering wheel lock must be engaged when leaving the vehicle. When leaving the vehicle, the Lessee must take the vehicle keys and the vehicle documents and keep them inaccessible to unauthorized persons. The regulations, load regulations, vehicle dimensions (height, width) and technical rules relevant to the use of the vehicle must be observed. The renter undertakes to regularly check that the rented vehicle is in a roadworthy condition.

It is prohibited to use the vehicle, among other things:

• or participation in motor sport events and vehicle tests;
• to transport explosive, highly flammable, toxic, radioactive or otherwise dangerous substances;
• for the commission of customs and other offences, even if these are only punishable under the law of the place where the offence is committed;
• for subletting or lending;
• for purposes involving excessive use of the vehicle;
• for commercial passenger or long-distance transport;
• for driving school exercises, off-road driving;
• for uses that go beyond the contractual use, in particular on terrain not intended for driving on.
• Journeys to war zones are not permitted. Journeys to European countries are generally permitted, unless they are journeys to Russia, Belarus, Ukraine, Bulgaria, Moldova, Romania, Turkey, Iceland, Greenland, the Canary Islands, Madeira or the Azores. Exceptions to these requirements require the express and written consent of the lessor. The renter/driver has to inform himself/herself about traffic regulations and laws of the countries visited during the rental period as well as of the transit countries and has to comply with the respective applicable traffic regulations.
• Repairs that become necessary to restore the operational and road safety of the vehicle may be commissioned by the Lessee up to an amount of € 150 at a specialist workshop without asking the Lessor. Otherwise, repairs may only be commissioned with the express and written consent of the Lessor. The Lessor shall reimburse the repair costs incurred and approved as a result only upon presentation of corresponding evidence and receipts in the original, unless the Lessee is liable for the defect underlying the repair in accordance with the provisions of the rental terms and conditions. In addition, for reimbursement, presentation of the replacement parts/old parts is required, provided that they are warranty parts (batteries, inverter, charger, water pump). Otherwise, the Lessee is obliged to present the exchange parts/old parts to the Lessor, provided they were available to him and the return transport is reasonable.
• The renter may not make any technical changes to the vehicle
• The renter is not authorized to change the appearance of the vehicle, in particular to provide it with paintwork, stickers or adhesive foils.
• Pets may only be taken in vehicles suitable for this purpose with permissible securing devices / equipment to be provided by the renter / driver with the express written consent of the lessor. For compliance with the relevant animal welfare, transport, vaccination and transit / entry regulations, the tenant / driver is responsible. Pets can lead to a chargeable special cleaning of 100 €, especially if the vehicle smells of animal and / or animal hair / excrement can be found. Cleaning costs incurred due to non-observance/violation as well as any profit lost by the lessor due to temporary non-rentability shall be borne by the lessee.
• The Lessee undertakes to notify the Lessor immediately and without being asked of any change in his billing address after conclusion of the rental agreement and until the rental relationship has been fully settled. In addition, the Lessee undertakes to disclose the name and address of an authorized or unauthorized driver of the vehicle, provided that the Lessor has a legitimate interest in disclosure, in particular in the event of damage claims by the driver.
• Children under 12 years of age may only be carried in an officially approved child seat (§21 StVO), selected according to size, age and weight, on seats suitable and approved for this purpose.
• In case of any infringement, the renter may be excluded from further rentals with the lessor.

§ 11 Handover and return of the motorhome

Upon handover and return of the motorhome, the lessor and the lessee shall jointly inspect the vehicle and the accessories (in particular for presence, damage, operational readiness, fueling and cleanliness) and complete and sign a handover or return protocol in which the corresponding findings are to be documented.

The Hirer undertakes to return the motorhome at the contractually agreed time, cleaned from the inside and in accordance with the condition recorded at the time of handover (according to the handover protocol) at the contractually agreed station and, unless otherwise agreed, during the usual business hours, which are announced by notice in the business premises of the Rental Firm.

The motorhome shall be handed over to the Hirer with a full tank of fuel and shall be returned by the Hirer to the Rental Firm with a full tank of fuel. If the Hirer does not return the motorhome with a full tank, the Hirer shall bear the costs for the filling up by the Rental Firm. In this case the renter will be charged 2,50 € /liter. A one-way rental is not possible.

In the event of breach of the obligation to return, several tenants shall be liable as joint and several debtors.

If the lessee does not comply with his obligation to return the equipment even after a further express request to do so or if he cannot be reached by the lessor, the lessor reserves the right to file a criminal complaint. Costs arising from this are to be borne by the tenant, unless he is not responsible for the breach of the obligation to return.

§ 12 Insurance of the motorhome

The insurance of the motorhome complies with the general conditions for motor vehicle insurance (AKB).

The insurance includes liability insurance against third parties in accordance with the applicable general conditions for motor vehicle insurance (AKB) with limited coverage for bodily injury, property damage and financial loss up to € 100 million, for bodily injury up to a maximum of € 15 million per injured person, as well as a corresponding comprehensive insurance with a deductible of a maximum of € 1000 and a partial comprehensive insurance of a maximum of € 1000 per claim.

§ 13 Defects and repair

If a defect/damage to the motorhome occurs during the rental period, the Hirer may order repairs that become necessary to ensure the operational and road safety of the motorhome during the rental period up to the price of € 150.00 without further ado, larger repairs only with the consent of the Rental Firm at a specialist workshop.

The repair costs shall be borne by the Lessor upon presentation of the original receipts as well as the replaced parts, unless the Lessee is liable for the damage according to § 13. This provision does not apply to tire damage.

If a defect for which the Lessor is responsible leads to the necessity of such a repair and the Lessee does not have it repaired independently, the Lessee shall notify the Lessor of the defect without delay and grant a reasonable period of time for the repair. In case of country-specific conditions (e.g. infrastructure) which delay the repair, the period shall be extended accordingly.

§ 14 Liability, Statute of Limitations

1. Liability of the lessor

The lessor is liable for all damages, as far as coverage exists within the framework of the insurances taken out for the motorhome. If damages are not covered by the insurance, the lessor, his employees as well as his legal representatives and vicarious agents are exclusively liable as follows:

In the case of property damage and financial loss, liability is limited to intent and gross negligence, unless a material contractual obligation has been breached. In the event of a breach of material contractual obligations, liability in the case of ordinary negligence shall be limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract.

Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the Lessee relies and may rely.

The limitation of liability shall not apply in the event of injury to life, body and health or other cases of mandatory statutory liability.

The lessor is not liable for the lessee's belongings that the lessee does not take with him when returning the motorhome.

2. liability of the renter

The Hirer is liable to the Rental Firm, in particular for damage to or loss of the motorhome, as follows:

In the event of damage to the motorhome caused by slight negligence or in the event of its loss, the Hirer shall be liable during the agreed rental period per claim up to the contractually agreed insurance deductible.

In case of damage caused intentionally by the renter, the limitation of liability to the agreed deductible does not apply. In this case the renter is liable for the full amount.

If the renter has caused the case of damage during the rental period by gross negligence, the amount of the renter's liability shall depend on the severity of the renter's fault.

The limitation of liability to the contractually agreed deductible shall also not apply if:

• damage is caused by an inability to drive due to drugs or alcohol
• the renter or the driver to whom the renter has entrusted the motorhome absconds from the scene of the accident without permission.
• the renter fails to call the police in the event of an accident, unless the breach of duty had no influence on the determination of the cause of the damage or the amount of the damage
• a damage is based on a violation of § 3 items 3 and 4.
• a damage is based on a breach of an obligation according to § 9.
• damage is caused by an unauthorized driver to whom the Hirer has entrusted the motorhome
• damage is caused by a non-observance of the vehicle dimensions
• damages are based on a non-observance of the load regulations
• the damage was caused by the breach of contractual duties and obligations of the renter.

In such cases, the Lessee shall be liable in full for all damages for which he is responsible. In the event of a grossly negligent breach of the aforementioned contractual obligations during the agreed period of use, the Lessee shall be liable to the Lessor to an extent corresponding to the severity of the fault up to the amount of the total damage. The burden of proof for the non-existence of gross negligence shall be borne by the Lessee. The limitation of liability does not apply if the breach of the contractual obligation has no influence on the occurrence of the damage or on the determination of the damage or on the existence of the conditions for granting the limitation of liability. This does not apply in the case of fraudulent conduct.

If the renter is in delay with the return of the motorhome, the renter is liable from the beginning of the delay according to the legal regulations.

In case of all damages not covered by insurance as well as after expiration of the agreed rental period, the renter is fully liable according to the general statutory provisions.

Several tenants are liable as joint and several debtors.

For damages to the motorhome or to third parties caused by the animals brought along, the renter is liable according to the legal regulations.

The renter agrees to fully indemnify the lessor for all fees, charges, fines and penalties incurred during the use of the rental vehicle for which the renter is responsible. Incoming cost notices, etc. will be forwarded to the renter plus a processing fee according to the additional information to the rental agreement, unless the renter proves that the lessor has incurred no or less expense and / or damage.

As long as the question of guilt is unresolved, the landlord is entitled to retain the deposit.

§ 15 Data protection, processing and use and vehicle location

The Lessor collects, processes and uses personal data of the Hirer/Driver for the purpose of processing the rental agreement as the responsible entity in the sense of the Federal Data Protection Act.

A transmission of this data may take place for contractual purposes between the Lessor and its contractual partners and to other commissioned third parties (e.g. collection agencies).

In addition, personal contract data may be transmitted to competent authorities if this is necessary to protect the legitimate interests of the lessor or to prosecute criminal offences and there is no reason to assume that the lessee/driver has an interest worthy of protection in excluding the transmission.

It is possible that the lessor has equipped some of its motorhomes with a modern, satellite-based tracking system. This system allows to determine the position data of the respective motorhome and to locate and immobilize the motorhome in case of alarm (theft, robbery, sabotage, violation of entry restrictions).

If personal data is collected in the process, the lessor uses it exclusively for the purpose of locating and immobilizing the motorhome.

§ 16 Final provisions

The place of performance is the registered office of the lessor.

Amendments to the General Rental Terms and Conditions and additional agreements must be made in writing by both parties in order to be effective, insofar as they concern verbal agreements made prior to and at the time of the conclusion of the contract.

Declarations of third parties have no influence, in particular no binding effect on the rental relationship between the lessor and the lessee.

The contract concluded between the Lessor and the Lessee shall be governed exclusively by German law.

The provisions of the rental agreement, including the rental conditions, shall have priority; the statutory provisions shall apply in addition and in the alternative.

Should any provision be or become void, the validity of the other provisions shall remain unaffected.

If the Lessee is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the Lessor's place of business shall be agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. The same shall apply to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode outside Germany after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought.

Status: 05/2021