General terms and conditions / small print in the contract - Bavarian Camper

This translation is a voluntary service so that our international guests can better understand our GTCs. Please understand that in the event of a dispute (which we hope will never occur) only the German version of our T&Cs is legally binding.

Several tenants form a tenants’ association. Each tenant has identical rights and obligations.

1 conclusion of the binding rental agreement:

Agreements or declarations that have only been made verbally, without written confirmation, by e-mail or SMS are in any case without legal effect. The conclusion of a rental contract for the vehicle can only be made in writing, usually by both parties signing this contract.
The rental contract is concluded between the contracting parties. A transfer or assignment of the rights arising from the tenancy agreement by the tenant to other third parties is only possible with the express prior written consent of the landlord.
The vehicle may not be made available for use by third parties without the prior written consent of the lessor; it may only be driven by the drivers / lessees named in the rental agreement.

2 notice of termination, cancellations:

If a date for the return of the vehicle is not fixed (unlimited tenancy), the tenancy can be terminated by either party subject to the statutory period of notice (§ 580 a BGB). If the rent is calculated on a daily basis, the notice of termination may be given on any day after the end of the following day in accordance with § 580 a para. 3 BGB.
In the case of rental agreements concluded for a limited period, the agreed rental period (dates) is binding on both parties and can only be extended or shortened by mutual agreement.
Termination or cancellation of the contract is mutually excluded, except in the case of good cause within the meaning of § 543 BGB. The Hirer is obliged to return the vehicle to the Rental Firm by the specified time at the latest, taking into account the usual time tolerances. If the Hirer has collected the vehicle from the Rental Firm himself, he is obliged to return the vehicle to the Rental Firm. If collection by the Rental Firm has been agreed, the vehicle must be made available by the Hirer for collection at the agreed location at the specified time.
The Hirer and the Rental Firm shall agree on binding times for the collection and return of the vehicle at least 24 hours in advance. If the Hirer is more than 31 minutes late to this agreement, the Rental Firm is entitled to charge a flat rate of €50 per half hour or part thereof. If the Hirer is more than 121 minutes late to the agreed pick-up time, the Rental Contract shall be deemed to be cancelled and the cancellation conditions stated under 2.8. shall apply. If the Hirer is more than 121 minutes late at the time of return, the conditions stated under 2.7. shall automatically apply.
If the hirer contacts us up to 2 hours before the agreed time to arrange a late collection or return and this new time is confirmed by both parties, the new time shall apply.
Refunds for late vehicle collection or early return are excluded.
The rental relationship is not automatically extended if the Hirer does not return the vehicle on time and hand it over to the Rental Firm. In the event of late return, the Lessor may demand compensation from the Lessee in accordance with § 546 BGB (German Civil Code) in the amount of the agreed rental price. In addition, claims for compensation/damages accrue to any subsequent hirer.
The tenant may demand the cancellation of the contract before the start of the rental period. In this case, the tenant must compensate the landlord for any damages incurred as a result. As a rule, the compensation amounts to the following costs:

Cancellation deadline	Cancellation fee
Up to 90 days before departure	30% of the total price (min. 300€)
89 – 60 days before departure	50% of the total price
59 – 30 days before departure	70% of the total price
29 – 15 days before departure	80% of the total price
14 – 1 days before departure	90% of the total price
Day of the start of the journey / non-acceptance	95% of the total price

The receipt of the written notice of withdrawal is decisive for the time of withdrawal. Non-acceptance/collection (within 120 minutes of the agreed collection date) is deemed to be a withdrawal.

3 deposit

In order to secure all claims of the landlord which have their origin in this tenancy, including all possible claims for damages, the tenant undertakes to pay a rental security (deposit) in the amount of EUR 1500.-.to the landlord.
The deposit is due for payment at the latest when the vehicle is handed over to the hirer.
The landlord may offset the claim for repayment of the deposit against claims arising from the tenancy.
The refund of the deposit will be made after the return of the undamaged vehicle within 3 working days.

To secure the deposit, the landlord recommends taking out a deposit insurance policy. This is not part of the rental contract. An offer from ERGO can be booked at www.bavarian-camper.de/service.

4 use and prohibition of use of the rental vehicle

The use of the vehicle is only permitted within the European Union (EU). Outside these borders, there is no motor insurance cover (in particular comprehensive cover). If the Hirer wishes to use the vehicle in other countries and territories, prior written consent from the Rental Firm is required.
The Lessor generally does not permit the use of the vehicle for the following purposes:
– Participation in races, driver training, off-road driving and similar uses.
– Carriage of highly flammable, toxic or otherwise dangerous substances.
– Any use in connection with the commission of criminal offences or customs and tax offences, in particular the transport of substances covered by the Narcotics Act.
The prerequisite for driving the vehicle is a minimum age of 23 years and a valid driving licence of at least 3 years. The original driving licence must be presented for all named drivers upon takeover. In case of non-presentation, the lessor has an immediate right of withdrawal. Furthermore, the hirer shall be fully liable for any damage in this respect. The drivers are in any case vicarious agents of the hirer. The use of the vehicle is not permitted if the Hirer or driver is not in possession of a valid driving licence recognised in Germany, if there is a driving ban or if the driving licence has been temporarily revoked.
The use of the vehicle is not permitted if the driver is not able to drive the vehicle safely due to the consumption of alcoholic beverages or other intoxicating substances (unfit driver).
If the lessee does not comply with the prohibitions of use agreed in the above sections, the lessee is in breach of duty when using the vehicle.
The landlord charges a one-time processing fee of EUR 25,-, for the forwarding of criminal cases such as speeding/tolling violations, etc. The tenant agrees that the landlord may forward the tenant’s data to the relevant authorities.
Should the tenant not be able to provide the landlord with proof of toll upon return, the landlord reserves the right to retain the deposit in whole or in part for a maximum of 6 months as security.

5 minor repairs, fuels, oils:

Fuel, engine oil and other auxiliary and operating materials consumed during the rental period shall be procured by the Hirer at his own expense.
The tenant may carry out minor repairs such as replacing light bulbs himself or have them carried out by a specialist workshop up to an amount of € 25 per individual case without prior consultation with the landlord.
The landlord shall reimburse the costs to the tenant upon presentation of an invoice receipt and presentation of the replaced damaged part.
No reimbursement without a receipt.
The tenant’s own work shall not be remunerated.

6 the tenant’s duty of care and liability for damage

The hirer is obliged to check the vehicle thoroughly before taking it over. If any damage or defects are found, the Hirer shall notify the Rental Firm of these in text form (e.g. by e-mail or by means of a sketch in the return protocol).
The renter is obliged to treat and use the vehicle from the time of handover in the same way as a reasonable owner with a view to maintaining its value would do. In particular, the Hirer shall be obliged at his own expense:
– Secure the vehicle incl. equipment (e.g. table set) in extreme weather conditions (e.g. hail, wind/storm, flooding, heavy snowfall) against damage.
– Secure the vehicle appropriately at your own expense if you are concerned that it may be damaged by vandalism, for example by parking it in a secure garage.
– If the indicator lights in the vehicle (e.g. for oil level/oil pressure, water, temperature, brake wear or other) signal a problem, the hirer is obliged to act in accordance with the instructions given in the manufacturer’s operating manual for the vehicle.
– Check the oil level of the engine and ancillary units as well as the tyre pressure before each long journey and, if necessary, correct them according to the manufacturer’s specifications.
Within the scope of his general duty of care and diligence towards the Lessor for the rented vehicle, the Hirer shall also be responsible for the fault of his co-drivers and passengers. A passenger or fellow traveller is anyone who, with the knowledge of and in agreement with the Hirer, is in or on the vehicle.
The Hirer shall be liable to the extent provided by law for all pecuniary losses incurred by the Rental Firm as a result of a culpable breach of its general duties of care and those existing under this Rental Contract. In the event of insurance claims, the Lessor is obliged to first make use of the vehicle’s comprehensive or partial vehicle insurance (fully or partially comprehensive insurance). Benefits from the insurance shall reduce the Hirer’s liability for damages.
If the Lessor carries out the repair of damage himself or through his own employees, an hourly rate of € 95.00 per hour worked and person is hereby agreed as reasonable compensation.
If damage occurs to or with the rented vehicle, the rental company will charge a flat rate of EUR 150 for minor damage (up to 1.5 hours of administrative work). In the case of major damage, this regulation also applies, plus EUR 95,- for each additional hour or part thereof. Any insurance benefits for these activities will be deducted.
The hirer is obliged to return the vehicle with the interior thoroughly cleaned. If the vehicle is returned in an uncleaned or insufficiently cleaned condition, the Rental Firm will charge a flat rate of EUR 119.
Smoking is prohibited inside the vehicles. In case of non-compliance, a lump sum of EUR 500,- will be charged.
The final cleaning of the waste water and waste tanks must be carried out by the hirer. If the vehicle is returned with uncleaned or insufficiently cleaned tanks, the lessor will charge a contribution towards expenses of EUR 109.
The waste water and holding tanks must be emptied and cleaned regularly during the rental period. If there is contamination in the vehicle due to overfilling and/or overflowing, a contribution towards expenses of EUR 109.-. will be charged.

7 non-accidental vehicle damage and technical defects:

The Hirer shall be liable for all damage to the vehicle caused by operating errors during the rental period to the extent permitted by law. If, after the vehicle has been handed over to the Hirer, technical defects occur in the vehicle which are not due to an accident and which significantly restrict its usability, both parties shall be entitled to terminate the contract with immediate effect without notice, unless it is possible to remedy the defect in the short term by means of a repair.
For the duration of the impairment of use caused by a technical defect, the daily rental price shall be reduced by 1/24 per hour or part thereof. The Hirer waives all further claims even in the event of termination, unless the technical defect was caused by gross negligence or wilful misconduct on the part of the Rental Firm.
If the contract ends due to termination without notice in accordance with Section 6.2, the tenant shall remain obliged to pay the agreed rent until the time of termination. The parties mutually waive any further claims, in particular for damages including compensation for consequential damages.
This waiver does not apply if the defect is due to gross negligence or intent on the part of the lessor.
Sections 6.2. to 6.4. do not apply if the renter is liable for the damage according to section 6.1. due to an operating error, i.e. the defect is due to an operating error on the part of the renter. E.g. also due to refuelling with the wrong fuel.
The Hirer must notify the Rental Firm immediately of any technical defect in the vehicle. If the Hirer fails to notify the Rental Firm, the Hirer shall compensate the Rental Firm for any resulting damage.
If, after the vehicle has been returned by the Hirer to the Rental Firm, damage occurs which is demonstrable to the Hirer and which has been concealed from the Rental Firm, the Hirer shall be fully liable for all costs incurred in repairing the damage. This applies even if the return name record certifies that the vehicle has been returned free of defects. An example of this is the refuelling with the wrong fuel or the refuelling of fuel into the fresh water tank.

8 traffic accidents, limitation of liability of the tenant

The Lessor is not liable for objects brought into the vehicle by the Hirer, such as luggage, cameras or bicycles. In the event of traffic accidents, the Lessor is obliged to inform the Hirer in text form of all data required for the enforcement of his own claims for damages or compensation for pain and suffering against other parties involved in the accident; this also applies to corresponding claims by his passengers and fellow travellers.
In the event of a traffic accident, unless it is only a minor accident that does not significantly restrict the usability of the vehicle, both parties are entitled to terminate the contract with immediate effect without notice. In this case, the Hirer shall also remain obliged to pay the agreed rent until the time of termination.
In the event of traffic accidents (including those not involving third parties), fire, damage caused by game and other damage, the Hirer must immediately call in the local police and ensure that the course of the accident or damage is recorded, inform the Rental Firm, send the Rental Firm a detailed accident report with an attached accident sketch, in the event of accidents involving third parties, the registration numbers of the vehicles involved and their liability insurances and the names and addresses of the drivers and witnesses must be recorded.
In the event of all traffic accidents, the Hirer shall be liable – insofar as he/she cannot be accused of any breach of obligation in accordance with section 7.3. or 7.5. – for all costs incurred by the Rental Firm through professional repair of the vehicle (or, in the case of total loss, for the costs of replacement); the Hirer shall not be liable for any other damage. The Hirer shall also not be liable to the extent that the Rental Firm receives compensation for damages from parties involved in the accident or their insurance companies or from the vehicle’s existing comprehensive or partial vehicle insurance (fully or partially comprehensive insurance). However, damage up to the amount of the excess agreed with the insurance company is not usually covered by insurance benefits and must then be paid by the hirer.
If the conduct of the Hirer following a traffic accident (e.g. hit-and-run), or the conduct of the Hirer which was the cause of the traffic accident, a breach of the prohibition of use in accordance with section 3 or any other breach of obligation by the Hirer results in the full or partial vehicle insurance existing for the vehicle being able to invoke total or partial exemption from benefits in accordance with the provisions of the German Insurance Contract Act (VVG) vis-à-vis the Rental Firm, the Hirer shall be liable for all pecuniary losses of the Rental Firm to the statutory extent, insofar as these are not covered by an insurance benefit. The comprehensive insurance can, for example, invoke exemption from benefits if the renter drives the vehicle under the influence of alcohol or other intoxicating substances or commits a hit-and-run accident.
With effect from the time when all claims for damages of the Lessor are satisfied by the Lessee, the Lessor assigns to the Lessee for the purpose of enforcement all claims for damages to which it may be entitled against third parties.

9 duty of care and liability of the landlord

The Lessor is obliged to request settlement of all vehicle damage that constitutes an insured event from the vehicle insurers concerned, unless this appears uneconomical or obviously futile.
The Lessor may refuse to provide the service insofar as this is impossible for the Lessor. This is particularly the case if the vehicle was damaged before the start of the rental period by a traffic accident or as a result of force majeure in the case of natural events in such a way that it is no longer fit for use and a repair or replacement before the start of the rental period was no longer possible or would have required an expenditure which, taking into account the rental period and the agreed total rental price and the dictates of good faith, is grossly disproportionate to the Hirer’s interest in performance.
The lessor may also refuse performance if he is unable to obtain insurance cover from a comprehensive vehicle insurance policy on economically reasonable terms.
In the event of non-performance in accordance with Section 8.1, claims for damages against the Lessor – irrespective of the legal grounds – are excluded, unless the Lessor is guilty of gross negligence or intent. The Lessor is, however, obliged to immediately repay all payments received to the Lessee.
The Lessor does not guarantee the suitability of the vehicle for the purpose intended by the Lessee.
The Lessor’s strict liability is excluded. The Lessor shall only be liable for intent and gross negligence, for slight negligence only in the event of a breach of essential contractual obligations. These limitations of liability shall not apply in the event of injury to body, life or health and not in the event of fraudulent concealment of defects in the vehicle. This limitation of liability applies accordingly to all defects of the vehicle or other damage occurring after the conclusion of the contract or after the transfer of the vehicle.

10 loss of keys or vehicle documents:

If the Hirer is responsible for the loss of vehicle documents or a key, he/she is obliged to bear the costs of obtaining a replacement and to compensate the Rental Firm for the associated time and other expenditure.
The time spent by the lessor shall be compensated in the amount of € 95 per hour; the lessee reserves the right to minimise the lessor’s time and effort by doing his own work.

11 technical and optical modifications:

The renter may not make any technical modifications to the vehicle.
The hirer is not authorised to make any visual changes to the vehicle, this includes in particular paintwork, stickers or adhesive films.

12 vaccination for dog (if the landlord has agreed to take the dog)

A valid vaccination certificate must be presented at the beginning of the rental period for each dog brought along. Obviously sick animals with contagious diseases such as kennel cough, mite infestation, fleas and lice may not be taken along.
Pets other than dogs are only allowed with the permission of the landlord.
Damage caused to the furnishings by the tenants or their animals is not covered by any insurance and shall be borne in full by the tenant.

13 Choice of law, place of jurisdiction, miscellaneous

Compliance with road traffic laws when operating the vehicle and participating in public road traffic at home and abroad is the sole responsibility of the renter.
The parties agree that German law shall apply to their mutual legal relations arising from this lease.
In the event that the tenant does not have a general place of jurisdiction in Germany, the parties agree that German courts shall have jurisdiction to decide on any legal disputes that may arise on the basis of this tenancy agreement or tenancy relationship. The court where the Lessor has its general place of jurisdiction shall have jurisdiction, unless the local court in which the leased property is located has exclusive jurisdiction.
If and insofar as one of the provisions of this contract violates a mandatory statutory provision, the corresponding statutory provision shall take its place. The Hirer shall indemnify the Rental Firm against any claims for damages by third parties arising from the delayed return of the hired vehicle.