General rental conditionsof Hannes Camper GmbH, as of June 07.06.2022th, XNUMX |
The rental contract comes through between the contracting parties lessor (Hannes Camper GmbH, Hannes Camper Hannover GmbH, Hannes Camper Franken GmbH, HCH GmbH, Hannes Camper Westfalen GmbH, Hannes Camper Leipzig GmbH or Hannes Camper Berlin Anja Gaidzik) and lessee by accepting the rental offer of the lessor the tenant. All tenants named in the rental application become contractual partners of the landlord and are jointly and severally liable for possible claims arising from the rental agreement. A transfer or assignment of the rights from the rental agreement by the tenant to other third parties is only possible with the express written prior consent of the landlord. The documents relevant to the contractual relationship are:
The tenancy begins and ends with the dates specified in the tenancy application under the points "Start of tenancy" and "End of tenancy". The start of the rental contract is conditional on the payment of the down payment agreed in the contract. Before paying the total amount and before paying the deposit, the renter is not entitled to request that the vehicle be handed over to himself. If the lessee does not accept the vehicle at the beginning of the rental period or does not pay the down payment or another payment owed, the lessor is entitled to withdraw from the contract without setting a further deadline. Any payments already made by the tenant are not to be refunded in these cases. The lessee undertakes to treat the vehicle carefully and properly, as if it were his own, and to observe all regulations and technical rules relevant to its use, in particular those in the operating instructions in the vehicle. This includes, for example, regularly checking that the engine oil level is sufficient, regularly checking whether the vehicle is in a roadworthy condition, and properly locking the vehicle after it has been parked. The lessor assumes no liability for the suitability of the vehicle for the purpose intended by the lessee. The lessee is expressly prohibited from making technical (e.g. tuning, lowering) or optical changes (paintwork, spoiler installation, stickers) or other interventions in the design or condition of the vehicle. When the vehicle is handed over, the lessee must present a valid driver's license required to drive the vehicle, for which no blocking notice has been entered, as well as a valid identity card or passport. If the lessee cannot present these documents when the vehicle is handed over, the lessor will withdraw from the rental agreement. Claims by the lessee for non-performance are excluded in these cases. The vehicle may only be driven by the persons specified in the rental agreement or in the handover protocol. Subletting or subletting is only permitted with the express written consent of the landlord. Unless otherwise agreed in writing, the vehicle may
used and utilized.
For the use of the vehicle during the agreed rental period, the lessee is obliged to pay the rental price and the costs according to the rental application to the lessor. The rental price (plus other agreed fees, such as delivery costs, etc.) plus statutory sales tax must be paid in full for the rental period. Refunds will not be made for late vehicle collection or early return. A deposit of 30% of the total amount (basic rent plus all additional services) is due 7 days after booking. The remaining payment 14 days before departure. In the event of cancellation up to 72 hours before the start of the trip, the renter will be reimbursed 70% of the total amount. In addition, the renter can rebook the trip free of charge up to 72 hours before the start of the trip. The tenant is also entitled to cancel the trip free of charge up to 14 days before the start of the trip. In this case, the final payment is not due, the deposit of 30% of the total amount will be refunded in the form of a voucher (valid for 2 years). Written form (e-mail, postal letter) is required for cancellation. The tenant undertakes to pay a deposit of EUR 1.500 before the start of the rental period. The payment of the deposit is non-cash by using a credit card or by bank transfer. The landlord is not obliged to invest the security separately from his assets. There is no interest on the security. The landlord can also assert his claim to the provision of security a long time after the start of the tenancy. If the vehicle is returned at the weekend, the deposit will be settled on the next working day at the earliest. If the lessee is more than 14 days late in paying the rent or a partial amount, the lessor is entitled to terminate the rental agreement without notice without prior warning. For a written reminder, the landlord is entitled to charge an amount of EUR 10,00. Otherwise, the statutory provisions of § 543 BGB apply. The lessee already declares upon conclusion of the rental agreement, in the event of termination due to late payment or other important reasons, that he will hand over the vehicle immediately upon request by the lessor. Furthermore, he agrees to the security provided by the landlord. The resulting costs are at the expense of the tenant.
If the vehicle is not returned to the lessor's registered office, or if the vehicle is to be secured due to termination, the lessee is obliged to reimburse the lessor for the costs of securing and returning the vehicle, unless a different written agreement has been made. Unless higher costs can be proven, which the landlord is entitled to, EUR 2,00 plus statutory sales tax per one kilometer and EUR 25,00 plus statutory sales tax per hour for two people are due for the repatriation. The vehicle is made available to the renter with a full tank of fuel. At the end of the rental period, the renter must return the vehicle with a completely filled fuel tank. If the vehicle is not returned with a full tank of fuel, the lessor will charge the renter for the cost of refueling the vehicle plus a service charge of EUR 30,00. The vehicle is handed over filled with engine oil and all other necessary auxiliary and operating materials (in particular Adblue) according to the manufacturer's specifications. The lessee bears all additional engine oil costs as well as the costs for other auxiliary and operating materials that arise during the period of use.
The landlord is only liable in cases of his own intent or gross negligence or that of his representative or a vicarious agent according to the statutory provisions. The Lessor assumes no liability for items left behind in the rental property when it is returned. The landlord can refuse the service if this is impossible for the landlord. This is particularly the case if the vehicle was damaged in a traffic accident before the start of the rental period or as a result of force majeure in the event of natural phenomena so that it is no longer usable and a repair or replacement was no longer possible before the start of the rental period or it was an expense would have required, which is grossly disproportionate to the tenant's interest in performance, taking into account the rental period and the agreed total rental price and the requirement of good faith. Claims for damages by the lessee in this regard are only to be granted within the framework of the above conditions. Services received by the tenant are to be returned in the event of impossibility.
If the lessee does not accept the vehicle at the beginning of the rental period or does not pay the rent and/or any part payment that may have been agreed, he is obliged to compensate the lessor for any resulting or incurred damage in the event of his withdrawal. This is usually a flat rate of 30% of the total rental price. In the case of vehicle damage, vehicle loss and breaches of the rental agreement, the renter is generally liable according to the general liability rules. In particular, the lessee must return the vehicle in the defect-free condition in which he accepted it and which he assured in the handover protocol. During the rental period, the lessee is obliged to check the oil level, the cooling water level and tire pressure as well as the condition of the tires and to follow any warnings that may appear in or on the vehicle. If the lessee does not meet these obligations, he is liable for all consequences arising from the omission of these obligations. The lessee is liable without limitation for violations of legal regulations, in particular traffic and regulatory regulations, committed during the rental period. This also applies to violations by the lessee of legal provisions or other regulations that are committed up to/with the end of the rental period, such as parking a vehicle at a chargeable location without paying a corresponding fee or in no-parking zones. The lessee indemnifies the lessor from fines and warnings, fees and other judicial or official costs that are levied on the lessor as a result of such violations. To compensate for the administrative effort involved in processing such circumstances, which the authorities direct to the landlord to determine administrative offenses and criminal offenses committed during the rental period, the landlord is entitled to charge the tenant a flat-rate fee of EUR 30,00 plus statutory sales tax for each official request. Lessee and Lessor agree on a flat-rate retention of the deposit in the specified amount for the following frequently occurring vehicle damage (the retention applies to each damage):
If the rental company, as the vehicle owner, is billed directly for toll costs caused by the renter, the renter will be billed accordingly plus a processing fee of EUR 10,00 plus statutory sales tax. The vehicle must be returned to the lessor in a clean condition; In concrete terms, this means: The interior of the vehicle has been cleaned of all major dirt, the kitchen including the hotplates and dishes must have been cleaned and other dirt removed. The landlord takes care of the interior and exterior cleaning that goes beyond this. If the vehicle is not handed over in a clean condition, the lessor is entitled to charge a special cleaning fee of EUR 50,00. Smoking is not permitted in the vehicles; if the smoking ban is disregarded, the rental company will charge a fee of EUR 250,00 to have the vehicle cleaned accordingly and to compensate for the resulting loss in value. The renter removes all personal items from the vehicle before or when returning the vehicle. The lessor may dispose of small parts left in the vehicle with an objective value of less than EUR 5,00; other lost property can be sent to the tenant at the request of the tenant for a processing and shipping fee of EUR 15,00. The insurance included in the rental price corresponds to the applicable scope of fully comprehensive and partially comprehensive. Accordingly, damage occurring while the vehicle is stationary is generally not insured. This applies in particular to damage to the interior fittings and attachments (awning, wheel carrier) on the stand. Damage to the awning is only insured under partially comprehensive insurance if it can be proven that a storm with wind force 8 was the cause of the damage. If the behavior of the lessee after a traffic accident (e.g. hit-and-run), or the behavior of the lessee which was the cause of the traffic accident, or another breach of obligation by the lessee, leads to the insurance policy for the vehicle resulting in a liability exclusion in the insurance contract with the lessor can appeal, the tenant is liable without limitation for all property damage, personal injury and financial loss of the landlord. In this case, the lessee's liability is not limited to the amount of the deductible.
After an accident, theft, fire, animal damage or other damaging event, the lessee must inform the police immediately, even in minor cases, and call the lessor immediately to report the damage by telephone. This also applies to self-inflicted accidents without the involvement of third parties. If the police refuse to record the accident, the lessee must prove this to the lessor if possible. In the event of damage, the lessee must inform the lessor immediately, but no later than two days after the incident, of all the details in writing using the accident report included with the vehicle documents, which must be filled out carefully and completely in all points, or an equivalent document including a sketch of the course of the accident to report. Repairs that become necessary during the rental period, which serve to ensure or restore the operational and/or road safety of the vehicle, may only be commissioned by the renter with the prior consent of the lessor. Upon presentation of appropriate receipts, the repair costs will be borne by the lessor, unless the lessee is liable for the damage.
The vehicle has liability and fully comprehensive insurance. The deductible in hull cases is based on the respective written agreement in the rental agreement or, in the absence of any other agreement, on the insurance contract. The agreed deductible of the renter applies to each case of damage. The amount of the insurance premium results from the respective written agreement in the rental agreement. Excluded from the insurance is the use of the vehicle for the transport of hazardous substances, which requires a permit. Any insurance cover agreed within the framework of this rental contract is void in particular if an unauthorized driver uses the vehicle, if the driver of the vehicle does not have the required driving license when the insured event occurs and in the event of misuse, see Section 1. The insurance cover is void due to the behavior of the renter the landlord, should he be held liable for recourse by the insurance company, is entitled to have this sum reimbursed by the tenant.
The rental contract ends at the agreed time without requiring a separate termination and can be extended with the prior consent of the landlord under identical contractual conditions, provided that the tenant notifies the landlord of the extension in good time before the end of the agreed rental period and no follow-up rental contract for the rental property closed is. The return of the vehicle by the renter is agreed on a date and time. If the vehicle is returned more than 30 minutes after the agreed date, the rental company is entitled to charge a fee of EUR 20,00; if the vehicle is returned more than two hours after the agreed date, the fee is EUR 80,00. If the return obligation is violated, several tenants are jointly and severally liable. The valid daily rental prices will be charged up to the day of return. If damage is found when the vehicle is returned, the damage is presumed to have been caused and the renter is liable for the damage at his expense, unless the renter can prove that the damage already existed when the vehicle was taken over.
In principle, the parties are not entitled to terminate a contract with a limited term before it expires. The landlord can terminate the rental agreement extraordinarily without notice for important reasons. An important reason applies in particular:
If it is impossible for the lessor to provide a vehicle after conclusion of the contract - through no fault of his own - he is released from the obligation to perform if timely repairs or the procurement of a replacement vehicle before handing it over to the lessee is not possible with reasonable effort . In this case, the landlord must inform the tenant immediately and refund payments already made. Further claims of the tenant are excluded. If there are several rental contracts between the landlord and tenant and the landlord is entitled to terminate a rental contract without notice for good cause, he can also terminate the other rental contracts without notice if the maintenance of the other rental contracts is not reasonable for him due to grossly unfaithful behavior on the part of the tenant . This is particularly the case if the tenant
If the lessor terminates the contract for an important reason, the lessee is obliged to return the vehicle to the lessor immediately, including the vehicle documents, all accessories and all vehicle keys. In this case, the lessee agrees to the security provided by the lessor. In the event of termination for good cause, there will be no refund of the unused rental payment. Rather, the landlord is entitled to withhold the unused rental payment as security for the repair of any damage and compensation for lost profits.
The lessee's data is collected, processed and used by the lessor or third parties commissioned by the lessor to establish, implement or terminate the contract. Advertising is only used for self-promotion purposes (including referral advertising). A transmission to other third parties only takes place if this is necessary for the fulfillment of the contract, e.g. to the tenant's credit card company for billing purposes. Any use beyond this requires legal permission or the consent of the lessee. Note according to § 28 paragraph 4 BDSG: The tenant can object to any processing or use of his data for advertising or market or opinion research purposes at any time. The objection is to be addressed to the landlord.
Offsetting against claims of the landlord is only possible with undisputed or legally established claims of the tenant. The landlord can transfer his rights and obligations from the lease to a refinancer or a third party (e.g. another landlord), so that after this transfer of contract only this refinancer or third party is the tenant's contractual partner. The tenant already declares his irrevocable consent to this contract transfer. The same applies to the retransfer of the rights and obligations from the rental agreement to the landlord by the refinancer or a third party. The landlord can also assign his rights and obligations in whole or in part to other third parties for refinancing purposes. The lessee already declares his irrevocable consent to such an assignment. The lessee is only entitled to assign the rights and claims to which he is entitled against the lessor with the written consent of the lessor. As long as and insofar as nothing is regulated in these conditions, the provisions of the Insurance Contract Act (VVG) and the provisions of the General Conditions for Motor Vehicle Insurance of the insurance company chosen by the Lessor for the vehicle insurance in the contractually agreed version shall apply accordingly. This also applies to any ambiguities arising from this agreement. Verbal subsidiary agreements do not exist. Changes or additions to this contract must be in writing. Changes to the agreed written form must also be in writing. Conflicting, changing or supplementary general terms and conditions of the tenant have no effect. The place of jurisdiction is, if the lessee is a businessman, an entrepreneur within the meaning of §14 BGB, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the local court responsible for the location of the lessor. In the case of a disputed value of €5.000,00 or more, the respective regional court is responsible. German law applies. The applicability of the CISG (UN Sales Convention) is excluded. If a clause of this contract should be invalid or void, the provision presumably chosen by the parties based on the interpretation of the economic objective of this contract shall take its place; if no such provision can be found, the statutory provision shall replace it. The ineffectiveness of a clause does not affect the effectiveness of the rest of the contract. |
