Fees and payment terms
a) The rental price depends on the price list valid at the time of conclusion of the contract or the terms of the lease agreement. Any required additional km will be charged at vehicle return according to the valid price list. Fuel costs, tolls, parking, camping, parking space and ferry fees as well as fines and other penalties shall be borne by the renter.The rental vehicle is to be returned fully filled; Otherwise refueling costs accrue according to the rental contract (as of 2014: 2.50 € / liter diesel). The rental price covers the costs of the insurance cover pursuant to para. 4 as well as for maintenance, oil consumption and wear repairs.
b) When calculating prices different seasons are taken into account. The date of the vehicle pick-up and the date of return will be calculated as one rental day, provided the vehicle is returned on time at the agreed time (see also point 8 g).
c) For each rental, a one-off service fee according to the valid price list is charged. This includes, among other things, the ready handover of the vehicle, a 11 kg gas bottle, 1 liter toiletsemie and a detailed vehicle instruction.
d) If the lessee is in default of payment in accordance with the legal requirements, the default interest is 5% above the base lending rate. As far as the account of the renter has no cover or the renter contradicts the direct debit to his account-holding institute, the landlord is entitled to charge the costs incurred to the customer, unless the renter proves that the landlord or no lesser Expense and / or damage has arisen. If, in the event of default by the lessee, the commissioning of a collection agency or a request to the registration office is required, the lessee must also bear the resulting costs within the legal provisions. In addition, the renter can be excluded from further rentals with the landlord.
a) If the vehicle in the booked vehicle category can not be provided at the time of delivery, the lessor reserves the right to provide a comparable or larger vehicle in size and equipment. As a result, the tenant incurs no additional rental costs. The same applies if the vehicle is destroyed through no fault of the lessee or if it is foreseeable that the use will be unduly long impossible due to damage which the lessee is not responsible for. A termination of the tenant according to § 543 Abs.2 No. 1BGB is excluded for these cases, unless the position of a replacement vehicle fails, delays or is denied by the landlord. The resulting higher incidental costs, such as ferry or toll fees as well as operating costs are charged to the hirer. Insofar as legitimate interests of the lessee are opposed, he may refuse to accept a larger vehicle as a contractual service.
b) If the renter accepts an available replacement vehicle in a smaller vehicle category, the renter will reimburse the resulting price difference between the two vehicle categories.
c) If the vehicle is destroyed by the fault of the renter or if it is foreseeable that the use will be restricted or impossible due to a circumstance for which the renter is responsible, the renter may refuse the position of a replacement vehicle. A termination of the tenant according to § 543 Abs.2 No. 1 BGB is excluded in this case.
Vehicle delivery and vehicle return
a) The vehicle is to be taken over at the respectively agreed time (with observance of the time!) at the lessor station named in the contract of the landlord and to give back.
b) If the vehicle is handed over, the original identity card and driver's license must be presented.
c) The renter agrees with the landlord at vehicle pickup to check the rental vehicle for its damage-free condition and the correct indication of the fuel level and other levels, to the statement of cleanliness and the presence of accessories and environmental badge out. The damage caused by the renter, missing parts, soiling and insufficient fill levels are to be reported to the lessor before departure and are noted by the landlord on the handover record.
d) Before the vehicle is handed over, a detailed vehicle instruction will be given. The landlord can withhold the transfer of the vehicle until the vehicle instruction is completed. Handover delays and costs are the responsibility of the tenant.
e) The renter undertakes to clean the vehicle from the inside and outside at the contractually agreed time and to return it in the logged state (according to the handover protocol) to the contractually agreed station. If the renter has not emptied and / or cleaned the toilet when returning the vehicle, a lump sum of 75 € will be charged. The proof that damage has not occurred at all or is significantly lower, the renter remains at liberty. If the vehicle is not or insufficiently cleaned on return inside and outside, the actual cleaning costs will be charged, the minimum lump sum of which is stated in the rental contract.
f) Damaged or missing items will be charged to the renter, if he is responsible for the damage or the loss.
g) If the renter does not return the vehicle to the lessor at the end of the agreed period of use or not at the agreed time, the latter is entitled to demand a usage fee in the amount of the agreed rent for the period of retention beyond the duration of the contract. Further claims for damages of the lessor remain unaffected. After expiry of the agreed period of use, the renter is fully liable according to the general statutory provisions.
h) An extension of the rental period is only possible with the express consent of the landlord in text form. The authorization to use the rental vehicle extends only to the agreed period of use. Continued use after the expiry of the rental period does not lead to an extension of the rental agreement even without explicit objection of the landlord. The regulation of § 545 BGB expressly does not apply.
i) Returns of the vehicle before the expiry of the agreed rental period will not result in a reduction of the agreed rent, unless the vehicle can be rented elsewhere.
j) If the booked vehicle can not be made available, the landlord reserves the right to provide a comparable vehicle in size and equipment. Should a smaller vehicle be offered and accepted, the rental difference between the two vehicles will be reimbursed.
k) The lessor is entitled to demand the return of the vehicle before the expiry of the agreed period of use with immediate termination of the rental agreement. There must be an important reason for this. The right of the tenant to extraordinary termination in case of good cause remains unaffected.
l) If the renter does not comply with his return obligation even after a further express request for return or is not accessible to the landlord, the landlord reserves the right to reimburse criminal charges. The costs incurred by this are to be borne by the hirer, unless he is not responsible for the breach of the return obligation.
Liability of the renter
a) The renter is liable to the lessor for vehicle damage, loss of vehicle and any further damage to the lessor due to the breach of contractual obligations, as far as the renter is responsible for the damage or loss, according to the following provisions:
b) In the event of slight negligence, the lessee is liable during the agreed period of use only up to the contractually agreed deductible per claim, unless these conditions require further liability. If the renter defaults on the return of the vehicle, he shall be liable without limitation for all damages arising from the occurrence of the delay in accordance with the statutory provisions.
c) The limitation of liability to the contractually agreed deductible does not apply to damage intentionally caused by the renter. In this case, the renter is liable in full damage. In the event that the hirer causes the claim to gross negligence during the agreed period of use, the hirer shall be liable to the lessor to an extent commensurate with the seriousness of the fault, up to the amount of the total loss. Likewise, the limitation of liability to the contractually agreed deductible does not apply if the renter is in breach of, in paragraph 2 (minimum age of the driver) 8. (vehicle delivery and return), 10. bcdefg (obligations), 11. (behavior in the event of accident or damage ) intentionally commits contractual obligations. In these cases, the renter is liable in full for all damages for which he is responsible. In the event of a grossly negligent breach of the contractual obligations during the agreed period of use, the lessee is liable to the lessor to an extent commensurate with the seriousness of the fault up to the amount of the total damage. The burden of proof for the absence of gross negligence shall be borne by the renter. The limitation of liability shall 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 and on the existence of the conditions for granting the limitation of liability. This does not apply in the case of malicious behavior.
d) After expiry of the agreed period of use, the renter is fully liable according to the general statutory provisions.
e) For damage to the vehicle or to third parties by the accompanying animals the renter is liable according to the legal requirements.
f) Several tenants are jointly and severally liable.
g) The lessee undertakes to indemnify the lessor in full from the liability for all fees, levies, fines and penalties he is responsible for during the use of the rental vehicle. Incoming cost notifications, etc. are forwarded plus a processing fee lt. Additional information on the lease to the tenant, unless the lessee proves that the lessor no or less effort and / or damage.
h) Parking on a festival area is NOT allowed, the vehicle is not insured on this site.
i) As long as the question of guilt is not clarified, the landlord is entitled to retain the deposit .
Liability of the landlord
The landlord is liable for all damages, as far as cover exists within the framework of the insurance concluded for the vehicle.For damage not covered by insurance, the liability of the landlord for property damage and financial loss is limited to intent and gross negligence, unless the landlord has violated essential contractual obligations. This limitation of liability also applies in favor of employees of the landlord, legal representatives and vicarious agents of the landlord. The limitation of liability does not apply to a legally prescribed no-fault liability of the lessor or to liability arising from a contractually assumed no-fault guarantee or in case of injury to life, body or health by the lessor, a legal representative or a vicarious agent of the lessor. The landlord assumes no liability for objects and things that are left behind / forgotten on return of the rental vehicle.
a) The deposit in the amount of the agreement in the rental contract must be paid in cash at vehicle pick-up. Provided the landlord agrees, a payment by EC / Maestro card / girocard can also be made.
b) If the vehicle is returned properly and in accordance with the contract, and after the lease has been settled, the deposit will be refunded. All additional expenses and costs (eg cleaning costs, toilet cleaning, refueling costs, damages ...) will be charged with the deposit when the vehicle is returned, provided they are to be borne by the renter. As a result of a damage event incurred repair costs, the landlord can settle on the basis of a cost estimate. Until the final clarification of the amount of the costs and the cost bearing burden, the landlord has the right to withhold the deposit.
Minimum age of the driver, driver's license
The driver must have completed at least the age of 21 and for at least one year in possession of a valid driving license for the respective vehicle class in Germany, eg Class 3, Class B for vehicles with a gross vehicle weight of up to 3500 kg or Class C1 of more be as 3,500 kg total weight. The renter must ensure that only persons who fulfill the aforementioned conditions are driving the rental vehicle.
A presentation of the driver's license by the renter and / or the driver when renting and / or at the time of takeover is a prerequisite for the handover of the RV. If there is a delayed takeover due to missing presentation of the driver's license, this is at the expense of the renter. If the driver's license can not be presented at the agreed time of takeover or within a reasonable grace period, the lessor is entitled to withdraw from the contract. The cancellation conditions of section 6b apply.
Obligations of the tenant
a) The vehicle may only be driven by the renter or the driver specified in the rental agreement, except in emergencies.The renter must appear personally when picking up the rental vehicle. The renter is obliged to give the names and addresses of all drivers of the vehicle to the landlord and to deposit a copy of the driver's license and identity card.
b) The tenant undertakes to check before handing over the rental vehicle to another driver, whether this is at the time of use in a roadworthy condition and in possession of the required and valid driving license and 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 conditions.
c) The hired vehicle must be handled carefully and appropriately (this includes, in particular, checking the oil and water level and the tire pressure, use of the prescribed fuel), operating it properly and in accordance with the specifications and properly closing it. The steering lock must be engaged when leaving the vehicle. When leaving the vehicle, the renter must take the vehicle keys and the vehicle documents and keep them out of the reach of unauthorized persons.The relevant regulations, load regulations, vehicle dimensions (height, width) and technical rules must be observed. The renter undertakes to check regularly that the rental vehicle is in a roadworthy condition.
d) It is forbidden to use the vehicle among other things:
- to participate in motorsport events and vehicle tests;
- for the carriage of explosive, flammable, toxic, radioactive or otherwise dangerous substances;
- to commit customs and other offenses, even if they are punishable only under the law of the crime scene;
- for sublease or loan;
- for purposes which lead to excessive use of the vehicle;
- for commercial passenger or long-distance transport;
- for driving school exercises, off-road driving;
- for uses beyond the contractual use, in particular on non-driving terrain.
e) Travel to war zones is prohibited. Rides in European countries are allowed in principle, unless they are trips to Russia, Bulgaria, Romania, Turkey, Iceland, Greenland, Canary Islands, Madeira or the Azores. Exceptions to these requirements require the express and written consent of the landlord. The renter / driver must inform himself independently of traffic regulations and laws of the countries visited during the rental period as well as the countries of transit, and he must comply with the applicable traffic regulations.
f) Repairs that are necessary to restore the operational safety and road safety of the vehicle may be ordered by the renter up to an amount of 150 € without asking the landlord at a specialist workshop. In addition, repairs may only be commissioned with the express and written consent of the lessor. The reimbursement of the resulting incurred and approved repair costs shall be provided by the landlord only on presentation of appropriate evidence and documents in the original, unless the lessee is not liable for the repair of the underlying defect according to the specifications of the rental conditions. In addition, the refund of the replacement parts / old parts is required, as long as it concerns warranty parts (batteries, inverter, charger, water pump). Incidentally, the renter has the obligation to submit the replacement parts / used parts to the landlord, provided that they were available for him and the return transport is reasonable.
g) The renter may not make any technical changes to the vehicle.
The renter is not authorized to visually alter the vehicle, in particular to provide it with paintwork, stickers or adhesive foils.
h) Pets may only be taken in suitable vehicles with permissible security devices / facilities to be provided by the renter / driver, with the express written consent of the lessor. The renter / driver is responsible for compliance with the relevant animal welfare, transport, vaccination and transit / entry regulations. Pets may charge a fee for special cleaning according to the price list / rental agreement, especially if the vehicle smells of animal and / or animal hair / excretions are found. Cleaning costs, which are caused by the non-observance / contravention as well as a profit escaped the landlord by the temporary Nichtvermietbarkeit go to loads of the tenant.
i) The lessee undertakes to notify the landlord of a change in his billing address after conclusion of the lease and until the complete settlement of the lease without undue delay. In addition, the lessee agrees to provide the name and address of an authorized or unauthorized driver of the vehicle, if the landlord has a legitimate interest in the disclosure, especially in case of damage to the driver.
j) The transport of children under 12 years is only allowed with officially approved and according to size, age and weight of the child seat (§21 StVO) on suitable and approved seats.
k) In the event of any violation, the renter can be excluded from further rentals with the landlord.
Reservation and payment terms
a) Reservations are only binding after written reservation confirmation by the landlord. With the written reservation confirmation, the renter receives the right to a motorhome in the booked vehicle category, as far as according to sec. 9 is not the position of a replacement vehicle is allowed. There is no claim to a specific floor plan.
b) After receipt of the written reservation confirmation within 7 days (receipt of payment) a deposit in the amount of the specifications in the written reservation confirmation on the account specified in the reservation confirmation account of the landlord to be transferred. The landlord can in case of not timely payment after reminder and fruitless expiration of a grace period for subsequent performance to withdraw from the contract. The cancellation conditions of section 6b apply.
c) The remaining rental price must be received no later than 14 days before the rental period on the account of the landlord. The landlord can in case of not timely payment after reminder and fruitless expiration of a grace period for subsequent performance to withdraw from the contract. The cancellation conditions of section 6b apply.
Resignation and transfer
a) It is pointed out that a general legal right to withdraw from leases is not provided for. The landlord grants the tenant, however, a contractual right of withdrawal in the extent described below.
b) In case of withdrawal from the binding reservation with rental start from 2015 the following cancellation fees are due:
5% of the rental price up to the 100th day before the agreed rental date; at least 50 Euro / reservation
10% of the rental price from the 99th to the 61st day before the agreed rental start
20% of the rental price from the 60th to the 30th day before the agreed rental start
40% of the rental price from the 29th to the 15th day before the agreed rental start
60% of the rental price from the 14th to the 8th day before the agreed rental start
70% of the rental price from the 7th day before the agreed rental start
80% of the rental price on the day of the agreed rental beginning
Decisive for the resignation date is the receipt of the written resignation from the landlord. A non-acceptance / pick-up is considered a withdrawal. To cover the lapse risk, the conclusion of a travel cancellation insurance is recommended.
c) If there are available capacities within the calendar year at the rental station named in the reservation confirmation, a rebooking is possible up to 14 days before the agreed start of the rental period without additional charge, as long as the agreed rental period is not exceeded. A reduction of the rental period after booking is not possible.
d) The presentation of a replacement tenant is only possible with the landlord's written consent. The latter can refuse consent only for legitimate reasons.
e) It is up to the renter to prove that damage has not occurred at all or only to a lesser extent.
Behavior in case of accident or damage
The renter / driver must immediately call in the police and inform the lessor after an accident or in the case of fire, stealing, game or other damage. The renter / driver may not move away from the scene of the accident until he has fulfilled his obligation to clarify the situation and to determine the facts required within the framework of the legal requirements. The criminally sanctioned ban on unauthorized removal from the scene of the accident within the meaning of Section 142 of the Criminal Code StGB must be observed. If the police refuse the accident, the tenant has to prove this to the landlord. This also applies to self-inflicted accidents without the participation of third parties. In addition, the renter has to inform the landlord immediately in writing about all details of the accident or loss event, even in case of minor damage. The accident / damage report must in particular contain the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved. Claims for damages of other accident participants must not be recognized. Other damages or special occurrences, which are in connection with the vehicle, are likewise immediately, at the latest at the return to inform the landlord.
a) The rental vehicle is insured in accordance with the applicable general conditions for motor insurance (AKB) as follows:
Liability insurance to third parties with unlimited cover for property damage and financial loss, for personal injury up to a maximum of € 8 million
b) indemnity according to the principles of a partial or full insurance cover with a deductible per claim in the amount of the agreement in the lease, as far as the conditions do not provide full liability of the tenant, in particular according to para. 13 of these rental conditions.
a) By concluding the rental contract, the renter receives the right to use the vehicle for the agreed period in accordance with the contract. The landlord thereby receives in particular the right to payment of the rent and other contractually agreed fees.
b) The subject of the contract is only the rental of a motorhome. Travel services or a total of travel services (travel) is not owed by the landlord. The legal provisions on the travel contract - in particular §§ 651 al BGB - do not apply. The renter carries out his journey independently and uses the vehicle on his own responsibility.
c) When handing over or taking back the vehicle, a handover or return protocol must be completed in full and signed.These two protocols are part of the lease.
DSS Motor Homes Stand 03.2019