Paradiescamper EV555

General Terms and Conditions Christian Bender UG, Am Kirchhof 10, 36341 Lauterbach Bender-Mobil UG The smart alternative 1. Subject of the Contract a) By concluding the rental agreement, the renter acquires the right to use the vehicle for the agreed duration and within the contractual scope. The lessor, in turn, is entitled to payment of the rental fee and other contractually agreed charges. b) The subject of the contract is solely the rental of a motorhome. The lessor does not owe travel services or a package of travel services (trip). The statutory provisions on travel contracts—especially §§ 651 a-l BGB—do not apply. The renter undertakes the journey independently and uses the vehicle at their own responsibility. c) Upon handover and return of the vehicle, a handover and return protocol must be fully completed and signed. These two protocols are part of the rental agreement. 2. Minimum Age of Driver, Driver’s License The driver must be at least 23 years old and have held a valid driver’s license for the relevant vehicle class in Germany (e.g., Class 3, Class B for vehicles up to 3,500 kg gross weight) for at least three years. The renter must ensure that only persons meeting these requirements drive the rental vehicle. Presentation of the driver’s license by the renter and/or driver at the time of rental and/or vehicle handover is a prerequisite for the handover of the motorhome. Any delay in handover due to failure to present the driver’s license is at the renter’s expense. If the driver’s license cannot be presented at the agreed handover time or within a reasonable grace period, the lessor is entitled to withdraw from the contract. The cancellation conditions in section 6b apply. 3. Fees and Payment Terms a) The rental price is based on the price list valid at the time of contract conclusion or the agreements in the rental contract. Any additional kilometers required will be charged upon vehicle return according to the current price list. Fuel costs, tolls, parking, camping, pitch, and ferry fees, as well as fines and other penalties, are the renter’s responsibility. The rental vehicle must be returned with a full tank; otherwise, refueling costs will be charged as per the rental contract (as of 2019: €1.50/liter diesel). The rental price includes insurance coverage as per section 4, as well as maintenance, oil consumption, and wear repairs. b) Different seasonal periods are taken into account when calculating the price. The day of vehicle pickup and the day of return are counted as one rental day, provided the vehicle is returned on time (see also section 8g). c) A one-time service fee according to the current price list is charged for each rental. This includes, among other things, the operational handover of the vehicle and a detailed vehicle briefing. d) If the rental charges are paid by credit card, the cardholder’s signature authorizes the total invoice amount to be charged to the relevant account. This authorization also applies to subsequent charges resulting from damages caused by the renter (up to the contractually agreed deductible) and administrative offenses by the renter, including any consequential costs (especially towing costs). e) If the renter is in default of payment under statutory conditions, the default interest rate is 5% above the base rate. If the renter’s account lacks sufficient funds or the renter objects to the direct debit, the lessor is entitled to charge the customer for any resulting costs, unless the renter proves that the lessor incurred no or lower expenses and/or damages. If a collection agency or a request to the registration office is required due to the renter’s default, the renter must also bear these costs within legal limits. Furthermore, the renter may be excluded from further rentals with the lessor. 4. Insurance Coverage a) The rental vehicle is insured according to the applicable general conditions for motor vehicle insurance (AKB) as follows: Third-party liability insurance with unlimited coverage for property and financial damages, and up to €8 million for personal injury. b) Liability exemption according to the principles of partial or comprehensive insurance with a deductible per claim as agreed in the rental contract, unless the conditions provide for full liability of the renter, especially as per section 13 of these rental conditions. 5. Reservation and Payment Terms a) Reservations are only binding after written confirmation by the lessor. With the written reservation confirmation, the renter is entitled to a motorhome in the booked vehicle category, unless the provision of a replacement vehicle is permitted under section 9. There is no entitlement to a specific layout. b) After receiving the written reservation confirmation, a deposit as specified in the confirmation must be transferred to the lessor’s account within 14 days (receipt of payment). If payment is not made on time, the lessor may, after a reminder and fruitless expiry of a grace period, withdraw from the contract. The cancellation conditions in section 6b apply. c) The remaining rental price must be received in the lessor’s account no later than 14 days before the start of the rental. If payment is not made on time, the lessor may, after a reminder and fruitless expiry of a grace period, withdraw from the contract. The cancellation conditions in section 6b apply. 6. Cancellation and Rebooking a) Please note that there is no general statutory right of withdrawal for rental contracts. However, the lessor grants the renter a contractual right of withdrawal as described below. b) In the event of cancellation of a binding reservation with rental start from 2019, the following cancellation fees apply: 2% of the rental price up to the 100th day before the agreed rental start; at least €50 per reservation 10% of the rental price from the 99th to the 61st day before the agreed rental start 25% of the rental price from the 60th to the 30th day before the agreed rental start 50% of the rental price from the 29th to the 15th day before the agreed rental start 75% of the rental price from the 14th to the 8th day before the agreed rental start 90% of the rental price from the 7th day before the agreed rental start 100% of the rental price on the day of the agreed rental start The date of receipt of the written cancellation by the lessor is decisive. Non-acceptance/non-collection is considered a cancellation. To cover the risk of cancellation, it is recommended to take out travel cancellation insurance. c) If there is availability at the rental station named in the reservation confirmation within the calendar year, a rebooking is possible up to 14 days before the agreed rental start without surcharge, provided the agreed rental period is not shortened. A reduction of the rental period after booking is not possible. d) The provision of a substitute renter is only possible with the lessor’s written approval, which may be refused for justified reasons. 7. Security Deposit a) The security deposit as agreed in the rental contract must be paid in cash upon vehicle handover. With the lessor’s consent, a holiday protection package may be arranged, with costs borne by the renter. b) If the vehicle is returned properly and in accordance with the contract, and after final settlement of the rental contract, the deposit will be refunded. Any additional expenses and costs (e.g., cleaning, toilet cleaning, refueling, damages, etc.) will be offset against the deposit upon vehicle return, provided they are to be borne by the renter. The lessor may settle repair costs resulting from a damage event based on a cost estimate. Until the final clarification of the amount and responsibility for costs, the lessor has the right to retain the deposit. 8. Vehicle Handover and Return a) The vehicle must be picked up and returned at the lessor’s motorhome station specified in the contract at the agreed time (paying attention to the time!). b) A valid ID card and driver’s license must be presented in original at vehicle handover. c) The renter undertakes, together with the lessor or rental station, to inspect the rental vehicle upon handover for damage-free condition, correct indication of fuel and other fluid levels, cleanliness, and the presence of accessories and environmental sticker. Any damages, missing items, dirt, or insufficient fluid levels identified by the renter must be reported to the rental station before departure and will be recorded in the handover protocol. d) A detailed vehicle briefing will be provided before vehicle handover. The lessor may withhold handover until the briefing is completed. Delays and costs caused by the renter are at the renter’s expense. e) The renter undertakes to return the vehicle at the contractually agreed time, cleaned inside and in the condition recorded in the handover protocol, to the agreed station. If the toilet is not emptied and/or cleaned upon return, a flat fee of €120 each will be charged. The renter may prove that no damage occurred or that it was significantly less. If the vehicle is not or insufficiently cleaned inside upon return, the actual cleaning costs will be charged, but at least €120. The renter may prove that no damage occurred or that it was significantly less. f) Damaged or missing items will be charged to the renter if the renter is responsible for the damage or loss. g) If the renter does not return the vehicle after the agreed rental period or not at the agreed time, the lessor is entitled to charge a usage fee equal to the agreed rental price for the period exceeding the contract duration. Further claims for damages by the lessor remain unaffected. After the agreed rental period, the renter is fully liable under the general statutory provisions. h) An extension of the rental period is only possible with the lessor’s express written consent. The right to use the rental vehicle only extends to the agreed rental period. Continued use after the rental period does not result in an extension of the rental contract, even without express objection by the lessor. The provision of § 545 BGB does not apply. i) Early return of the vehicle before the end of the agreed rental period does not result in a reduction of the agreed rent, unless the vehicle can be rented to someone else. j) If the booked vehicle cannot be provided, the lessor reserves the right to extraordinary termination of the rental contract. k) The lessor is entitled to demand the return of the vehicle before the end of the agreed rental period with immediate termination of the rental contract for good cause. The renter’s right to extraordinary termination for good cause remains unaffected. l) If the renter fails to meet their return obligation even after a further express request or is unreachable for the lessor, the lessor reserves the right to file a criminal complaint. Any resulting costs are to be borne by the renter, unless the renter is not responsible for the breach of the return obligation. 9. Replacement Vehicle a) If the vehicle in the booked category cannot be provided at the time of handover due to damage or destruction of the rental object, the lessor reserves the right to terminate the rental contract. The same applies if the vehicle is destroyed without the renter’s fault or if it is foreseeable that use will be unreasonably impossible for a long time due to damage not caused by the renter. b) If the vehicle is destroyed due to the renter’s fault or if it is foreseeable that use will be restricted or impossible due to a circumstance attributable to the renter, the lessor may refuse to provide a replacement vehicle. In this case, termination by the renter under § 543 para. 2 no. 1 BGB is excluded. 10. Obligations of the Renter a) Except in emergencies, the vehicle may only be driven by the renter or the driver(s) named in the rental contract. The renter must appear in person to collect the rental vehicle. The renter is obliged to provide the names and addresses of all drivers to the lessor and to submit copies of their driver’s licenses and ID cards. b) Before allowing another driver to use the rental vehicle, the renter must check that the person is fit to drive, holds the required and valid license, and is not subject to a driving ban. The renter must also inform the driver about the validity and content of the general rental conditions. c) The rental vehicle must be handled carefully and properly (including checking oil and water levels, tire pressure, using the prescribed fuel), operated correctly and according to instructions, and always properly locked. The steering wheel lock must be engaged when leaving the vehicle. The renter must take the vehicle keys and documents when leaving the vehicle and keep them inaccessible to unauthorized persons. Relevant regulations, loading limits, vehicle dimensions (height, width), and technical rules must be observed. The renter undertakes to regularly check that the rental vehicle is in a roadworthy condition. d) It is prohibited to use the vehicle: - for participation in motorsport events and vehicle tests; - for transporting explosive, highly flammable, toxic, radioactive, or otherwise dangerous substances; - for committing customs or other criminal offenses, even if only punishable under the law of the place of offense; - for subletting or lending; - for purposes that excessively strain the vehicle; - for commercial passenger or long-distance transport; - for driving school exercises, off-road driving; - for uses beyond contractual use, especially on terrain not intended for driving. e) Driving in war zones is prohibited. Driving in European countries is generally permitted, except for trips to Russia, Bulgaria, Romania, Turkey, Iceland, Greenland, Canary Islands, Madeira, or Azores. Exceptions require the lessor’s express written consent. The renter/driver must independently inform themselves about traffic regulations and laws of the countries visited during the rental period, as well as transit countries, and comply with applicable traffic regulations. f) Repairs necessary to restore the vehicle’s operational and road safety may be commissioned by the renter at a specialist workshop up to €100 without consulting the lessor. Otherwise, repairs may only be commissioned with the lessor’s express written consent. The lessor will reimburse approved repair costs only upon presentation of appropriate original receipts, unless the renter is liable for the defect according to the rental conditions. For reimbursement, the presentation of replaced parts is required if they are warranty parts (batteries, inverters, chargers, water pumps). Otherwise, the renter must present replaced parts to the lessor if available and if return transport is reasonable. g) The renter may not make technical modifications to the vehicle. The renter is not authorized to alter the vehicle’s appearance, especially with paint, stickers, or adhesive films. h) Pets may only be taken along in suitable vehicles with the lessor’s express written consent and with appropriate safety devices provided by the renter/driver. The renter/driver is solely responsible for compliance with animal welfare, transport, vaccination, and transit/entry regulations. Pets may result in a special cleaning charge according to the price list/rental contract, especially if the vehicle smells of animals and/or animal hair/excrement is found. Cleaning costs due to non-compliance and any lost profit due to temporary non-rentability are at the renter’s expense. i) The renter undertakes to notify the lessor immediately and without request of any change of billing address after conclusion of the rental contract and until the rental relationship is fully settled. The renter is also obliged to provide the name and address of an authorized or unauthorized driver if the lessor has a legitimate interest in disclosure, especially in the event of driver-related damages. j) Children under 12 may only be carried using officially approved child seats appropriate for their size, age, and weight (§21 StVO) on suitable and approved seats. k) In the event of any violations, the renter may be excluded from further rentals with the lessor. l) Smoking in our vehicle is strictly prohibited, as the vehicle is also rented to allergy sufferers and families with children. If smoking nevertheless occurs inside, we will charge a fee of €500. We ask for your understanding. 11. Conduct in the Event of an Accident or Damage After an accident or in the event of fire, theft, animal collision, or other damage, the renter/driver must immediately call the police and notify the lessor. The renter/driver may not leave the scene until they have fulfilled their duty to clarify the incident and establish the necessary facts as required by law. The criminally sanctioned prohibition on unauthorized departure from the scene of an accident under § 142 StGB must be observed. If the police refuse to record the accident, the renter must provide proof of this to the lessor. This also applies to self-inflicted accidents without third-party involvement. The renter must also inform the lessor in writing without delay of all details of the accident or damage event, even for minor damages. The accident/damage report must include the names and addresses of those involved and any witnesses, as well as the license plates of the vehicles involved. Claims for damages by other parties must not be acknowledged. Other damages or special incidents related to the vehicle must also be reported immediately, at the latest upon return, to the lessor. 12. Lessor’s Liability The lessor is liable for all damages to the extent that coverage exists under the insurance policies taken out for the vehicle. For damages not covered by insurance, the lessor’s liability for property and financial damages is limited to intent and gross negligence, unless the lessor has breached essential contractual obligations. This limitation of liability also applies to employees, legal representatives, and agents of the lessor. The limitation does not apply to statutory strict liability or liability arising from a contractually assumed guarantee, or for injury to life, body, or health caused by the lessor, a legal representative, or an agent. The lessor accepts no liability for items left/forgotten in the rental vehicle upon return. 13. Renter’s Liability a) The renter is liable to the lessor for vehicle damage, vehicle loss, and further damages to the lessor resulting from breach of contract, to the extent that the renter is responsible, according to the following provisions: b) In cases of minor negligence, the renter is liable during the agreed rental period only up to the contractually agreed deductible per damage event, unless these conditions provide for further liability. If the renter is late in returning the vehicle, they are fully liable for all resulting damages as per statutory provisions. c) The limitation of liability to the contractually agreed deductible does not apply to damages caused intentionally by the renter. In such cases, the renter is liable for the full amount of the damage. If the renter causes the damage event through gross negligence during the agreed rental period, the renter is liable to the lessor to an extent corresponding to the severity of the fault, up to the total amount of the damage. The limitation of liability to the contractually agreed deductible also does not apply if the renter intentionally breaches the contractual obligations set out in sections 2 (Minimum Age of Driver), 8 (Vehicle Handover and Return), 10.b.c.d.e.f.g (Obligations), 11 (Conduct in the Event of an Accident or Damage). In these cases, the renter is fully liable for all damages attributable to them. In the event of a grossly negligent breach of the aforementioned contractual obligations during the agreed rental period, the renter is liable to the lessor to an extent corresponding to the severity of the fault, up to the total amount of the damage. The burden of proof for the absence of gross negligence lies with the renter. The limitation of liability does not lapse if the breach of duty had no influence on the occurrence or determination of the damage or the prerequisites for granting the limitation of liability. This does not apply in cases of fraudulent conduct. d) After the agreed rental period, the renter is fully liable under the general statutory provisions. e) The renter is liable for damages to the vehicle or third parties caused by animals carried, according to statutory provisions. f) Multiple renters are jointly and severally liable. g) The renter undertakes to indemnify the lessor in full for all fees, charges, fines, and penalties incurred during use of the rental vehicle that are attributable to the renter. Incoming cost notices, etc., will be forwarded to the renter with an additional processing fee according to the supplementary information to the rental contract, unless the renter proves that the lessor incurred no or lower expenses and/or damages. h) As long as liability is unclear, the lessor is entitled to retain the deposit. 14. Limitation Period a) The renter must notify the lessor in writing of obvious defects in the rental vehicle without delay. Timely dispatch of the notification by the renter is sufficient for compliance with the deadline. If the lessor could not remedy the defect due to failure to notify, the renter’s claims are only possible if the renter is not at fault. b) All contractual claims of the renter expire within 12 months from the statutory start of the limitation period, unless they concern damages resulting from injury to life, body, or health of the renter, or cases where the lessor, a legal representative, or an agent caused the damage intentionally or through gross negligence. If the renter asserts claims, the limitation period is suspended until the day the lessor rejects the claims in writing. c) The lessor’s claims for damages due to alteration and deterioration of the rental object expire no earlier than 12 months after the vehicle is returned to the agreed rental station. If the accident was recorded by the police, the lessor’s claims for damages against the renter become due only after the lessor has had the opportunity to inspect the investigation file. However, the limitation period begins no later than 6 months after return of the rental vehicle. The lessor is obliged to seek file inspection promptly and to inform the renter immediately of the time of inspection. 15. General Provisions a) Unless the signatory of the rental contract expressly identifies themselves as a representative of the renter, they are personally liable as joint debtor alongside the person, company, or organization for whom they concluded the rental contract. b) Set-off is excluded except for undisputed, legally established, or ready-for-decision claims. c) The lessor is entitled to use third parties to fulfill their obligations. d) Assignment of claims from the rental contract to third parties is excluded, as is the assertion of such claims in one’s own name. 16. Data Protection, Processing, and Use a) The lessor collects, processes, and uses personal data of the renter/driver for the purpose of executing the rental contract as the responsible party under the Federal Data Protection Act. b) Transmission of this data may occur for contractual purposes between Christian Bender and their contractual partners/licensees and to other appointed third parties (e.g., collection agencies). c) In addition, personal contract data may be disclosed to authorities if and to the extent that the lessor has a legal obligation to do so. The lessor is also entitled to disclose personal data of the renter in response to inquiries from authorities in connection with incidents arising during the rental period, such as tickets, fines, and other fees. Disclosure to other third parties only occurs if necessary for contract fulfillment. d) The lessor has equipped part of its rental vehicle fleet with a modern, satellite-based tracking system. This system allows the position of the respective vehicle to be determined and the vehicle to be located and immobilized in the event of an alarm (theft, robbery, sabotage, violation of entry restrictions). If personal data is collected in this process, the lessor uses it exclusively for the purpose of locating and immobilizing the vehicle. 17. Final Provisions a) The place of performance is the registered office of the lessor or the agreed rental station. b) Amendments to the general rental conditions and additional agreements require written form by both parties to be effective, insofar as they concern oral agreements made before or at the time of contract conclusion. Declarations by third parties have no effect, especially no binding effect on the rental relationship between lessor and renter. c) Only German law applies to the contract concluded between the lessor and the renter. The provisions of the rental contract take precedence; supplementary and auxiliary statutory provisions apply. d) Should any provision be or become invalid, the validity of the other provisions remains unaffected. e) If the renter is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or in connection with this contract is the lessor’s business location. The same applies to persons who have no general place of jurisdiction in Germany or persons who, after conclusion of the contract, move their residence or habitual abode outside Germany or whose residence or habitual abode is unknown at the time the action is brought. Status: 11.12.2020