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General terms and conditions for the rental of caravans and mobile homes

(Valid from 01.06.2021)

 

 

 

§ 1 Subject of the contract

 

A contract comes about through the conclusion of a rental agreement

 

the company

 

Active Camping Ltd

Sonnenwiechser Strasse 26b

83052 Bruckmuehl

- hereinafter referred to as the landlord -

 

and

 

the respective tenant

 

conditions. 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 to use the mobile home to the agreed extent for the agreed rental period. 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 rented property (§ 545 BGB) is excluded even without a declaration of intent to the contrary. 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.

 

 

§ 2 Scope, definitions

 

 

1. Scope

These terms and conditions apply to all business relationships between landlords and tenants. 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 are:

Consumers: Natural persons who conclude the contract for a purpose that is predominantly neither commercial nor self-employed.

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 rental companies.

 

 

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

 

 

1. Eligible Drivers

A motorhome may only be driven by the lessee 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 lessee of a motorhome and the driver specified in the rental agreement must be present when the vehicle is handed over be at least 21 years of age and have held a driving license valid in Germany for the class required for the rented motor home (e.g. class III or B) for at least one year. For motor homes with a permissible total weight of more than 3.5 tons: Renters of a mobile home and the drivers specified in the rental agreement must be at least 25 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 C1). 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. An additional fee may apply for each of these additional drivers. 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 mobile home, the lessee must present a driver's license that is required to operate the mobile home and is valid in Germany for each driver specified in the rental contract, as well as his valid ID card or passport. The submission of the documents is a prerequisite for the handover of the mobile home to the renter. If the lessee is unable to present the necessary documents for himself and/or individual specified drivers at the agreed handover date, the specified driver(s) is/are to be deleted from the rental agreement as a driver at the request of the lessor. These drivers are no longer authorized when they are removed from the rental agreement. A deletion does not affect the landlord's claim to the agreed rental price. If the lessee is unable to present the necessary documents for himself and all other specified drivers at the agreed handover date, the lessor is entitled to terminate the rental contract without notice after the unsuccessful expiry of a reasonable grace period set by him. If the lessor terminates the rental agreement without notice after the grace period has expired without result, claims by the lessee for non-performance are excluded; the regulations on extraordinary termination without notice for which the lessee is responsible (§ 7 No. 2) also apply. If the handover of the mobile home is delayed due to documents not being submitted in good time, the lessee must bear the resulting costs. If the address/registered office of the lessee changes between the conclusion of the rental agreement and the complete processing of the rental agreement, he must inform the lessor of the new address immediately and without being asked.

 

 

3. Use of the motorhome

The motorhome may only be used on public roads. The mobile home is to be treated with care and in accordance with the regulations and technical rules applicable to its use. The operating instructions/manuals must be observed. The lessee must properly lock the mobile home during an absence. The regulations, loading regulations, vehicle dimensions (height, width, length) and technical rules relevant to use must be observed. The lessee is obliged to regularly check the operational readiness and road safety of the mobile home. In particular, he will monitor the oil and water levels and tire pressure and correct them if necessary. In particular, the motorhome may not be used:

  • for motor sports purposes, in particular driving events where it is important to achieve a maximum 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 renting out, for lending,

  • to commit criminal offenses, even if these are punishable only under the law of the crime scene

  • for the transport of highly flammable, toxic or otherwise dangerous substances.

 

Smoking is not permitted in the motorhomes, these are non-smoking vehicles.

 

 

4. Trips abroad and to crisis/war zones

The lessee/driver must independently inform himself about the 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 renter is only entitled to travel abroad within Europe with the mobile home. With the exception of this principle, journeys to Bulgaria, Greenland, Iceland, Romania, Russia, Turkey, Ukraine, the Canary Islands, Madeira or the Azores are not permitted. If the lessee 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 lessor. The renter is always prohibited from driving into 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 contract and is based on the price list valid at the time the contract was concluded. The rental price is calculated per night. The price per night can vary depending on the season in which the night falls. In addition to the rental, only the costs for vehicle insurance (see § 11) and for maintenance and wear and tear repairs are covered by the rental price, unless otherwise expressly agreed in writing or in text form between the lessor and lessee. The extent to which kilometers driven are included in the rental price can be found in the price list valid at the time the contract was concluded. In particular, fuel costs, tolls, parking, camping, parking space and ferry fees, fines and other penalties and other operating costs are not included in the rental price. These costs are to be borne exclusively by the tenant. If the lessee returns the mobile home before the end of the agreed rental period, he must pay the full contractually agreed rental price, unless the lessor can rent the mobile home to another person in the period between the actual return and the agreed end of the rental period. If another rental is actually possible during this period, the rental price to be paid will be reduced accordingly. If the lessee does not return the mobile home to the lessor by the date agreed in the rental agreement, the lessor is entitled to demand compensation for the duration of the withholding as compensation for use at least in the amount of the previously agreed rent. This also applies if the renter is not at fault for the late return. The landlord reserves the right to claim further damages.

 

 

 

2. Service Fee

A one-off service fee is charged for each rental. The service fee includes thorough instruction in how the motorhome works, the handover of the mobile home in an operational state, the filling of a propane gas bottle and cleaning the outside when the motorhome is returned. The amount of the service fee incurred can be found in the price list valid at the time the contract was concluded.

 

 

3. Deposit

The tenant is obliged to deposit a sum of money with the landlord as security for the fulfillment of his obligations (deposit). The amount of the deposit results from the price list valid at the time of conclusion of the contract. The lessor will refund the lessee the deposit if the mobile home is returned properly (cf. § 10) after the final settlement of the rental agreement. 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 the mobile home is damaged when it is returned, the lessor is entitled to withhold the deposit until the extent of the damage/repair costs and the obligation to bear the costs have been clarified. Additional costs may arise, in particular for cleaning work, additional kilometers, refueling, damage and insurance deductibles in the event of damage.

 

 

4. Other costs

Other costs for the renter are incurred in the following cases in particular: If the renter drives the mobile home more than the maximum number of kilometers agreed in the rental contract, he will be charged 35 cents for each additional kilometer driven. If the lessee returns the mobile home to the lessor without having cleaned the interior of the vehicle sufficiently beforehand, the lessor will charge the lessee a cleaning fee for cleaning the interior of the vehicle. The same applies if the lessee returns the mobile home without having cleaned the toilet and the holding tank sufficiently beforehand. The flat rate to be paid by the renter for the interior cleaning and the toilet/waste-water tank cleaning results from the price list valid at the time the contract was concluded. The lessee is at liberty to prove that the lessor only suffered less damage or no damage. The lessor hands over the mobile home to the lessee with a full tank of fuel and must be returned by the lessee with a full tank of fuel. If the renter does not return the motorhome with a full tank of fuel, the lessor will charge the renter for filling up the motorhome according to the current price list. Damaged or missing items will be charged to the renter if he is responsible for the damage or loss. Further costs to be borne by the tenant, in particular fees and charges, can also result from the current price list.

 

 

§ 5 Booking and booking changes

 

 

1st booking

A rental contract for a mobile home (booking) is only concluded when the landlord and renter have signed a rental contract signed by both. A booking is only valid for a motorhome category, not for a specific vehicle type. There is no entitlement to a specific floor plan. The lessor is entitled to rebook the lessee to a mobile home of the same or higher quality while maintaining the agreed conditions. If the landlord offers the renter a mobile home from a cheaper category and the renter accepts this, the rental price difference between the two mobile homes 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 change request at least 60 days before the agreed start of the rental period,

  • the landlord has corresponding free capacities,

  • the desired new rental period is in the same calendar year as the booked one

  • the desired new rental period corresponds in terms of scope to the booked one. However, the tenant has no legal right to change the booking. The expected rental price calculated according to the booking data must be received free of charge in an account of the lessor to be notified to the lessee no later than 14 days before the start of the rental period, cf. § 6 No. 2.

 

 

§ 6 Terms of payment and late payment

 

 

1st deposit

The tenant is obliged to pay the landlord a down payment on the agreed rental price. The deposit is 20% of the rental price. The lessee must receive the down payment from the lessee within 7 banking days after the lessor and lessee have signed the rental agreement. If the lessee exceeds this period, the lessor is entitled to terminate the rental agreement extraordinarily and without notice after a reasonable period of grace has expired. Further information on this is 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 under the rental agreement must be received in full by the lessor no later than 14 days before the agreed date for vehicle handover.

 

 

3. Deposit

The deposit (see § 4 No. 3) is to be paid by the lessee to the lessor before the vehicle is handed over. For short-term bookings (less than 14 days until the rental date), the deposit and rental price are due immediately.

 

 

4. Late Payment

If the lessee defaults on his payment obligations, interest on arrears will be charged in accordance with the applicable statutory provisions.

 

 

§ 7 Withdrawal, revocation and termination as well as cancellation conditions and consequences of non-use of the service

 

 

1. Revocation and withdrawal of the tenant

It is pointed out that a general right of withdrawal and revocation for the tenant is not provided for by law for rental contracts. In particular, it is pointed out that a right of withdrawal according to § 355 BGB according to § 312g paragraph 2 number 9 BGB does not exist for motor vehicle rental if the contract provides for a specific date or period for the provision. However, insofar as the tenant is actually entitled to a statutory right of revocation or withdrawal in individual cases, this remains unaffected by these General Terms and Conditions.

 

 

2. Termination of Rental Agreement

The rental contract is concluded for a fixed period of time and ends on the agreed return date without the need to terminate the rental contract (limitation). The right of the lessee and lessor to properly terminate the rental contract is excluded. The right of the tenant and the landlord to terminate the rental contract extraordinarily and without notice for good cause remains unaffected. In particular, the landlord is entitled to terminate the rental agreement without notice for good cause if:

  • the lessee does not make an agreed payment or security deposit (deposit) even after a reasonable period of grace set by the lessor has expired;

  • the lessee is unable to present the necessary documents for himself and all other drivers specified in the rental agreement when taking over the vehicle even after a reasonable period of grace set by the lessor has expired (§ 3 No. 2);

  • Force majeure or other circumstances for which the landlord is not responsible make it impossible to fulfill the contract;

  • A motorhome was booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of use can be essential.

  • the purpose or the reason for the rental is illegal or there is a violation of essential obligations and obligations of the renter. In the latter case, however, termination is only permissible after a reasonable period set for remedy has expired without success, unless setting a period obviously does not promise success or immediate termination is justified for special reasons after weighing the interests of both parties. The justified extraordinary termination by the landlord does not justify the customer's claim for damages. If the lessee is responsible for the extraordinary termination by the lessor, the lessor must offset the income from renting the mobile home to another party during the agreed rental period and the saved expenses against a claim for damages against the lessee. If the mobile home is not rented out elsewhere, the lessor can make a flat-rate deduction for saved expenses as follows: The lessee has a cancellation

  • to pay 20% of the rental price to the landlord up to 61 days before the start of the rental period.

  • 40% of the rental price to be paid to the landlord 60 to 30 days before the start of the rental period.

  • 29 up to 15 days before the start of the rental period, 80% of the rental price to be paid to the landlord.

  • to pay 90% of the rental price to the landlord less than 15 days before the start of the rental period or during the rental period. The landlord is at liberty to claim further damage. The tenant is free to prove that the claim did not arise or did not arise in the required amount.

 

 

3. Cancellation Policy

The lessor grants the lessee the right to cancel his booking under the conditions described below: The date of written receipt of the cancellation notice by the lessor is decisive for calculating the amount of the cancellation fee to be paid by the lessee.

  • Cancellation up to 61 days before the start of the rental period against payment of 20% of the rental price (cancellation fee), but at least EUR 200 to the landlord.

  • Cancellation 60 to 30 days before the start of the rental against payment of 40% of the rental price (cancellation fee) to the landlord.

  • Cancellation 29 to 15 days before the start of the rental against payment of 80% of the rental price (cancellation fee) to the landlord.

  • Less than 15 days before the start of the rental against payment of 90% of the rental price (cancellation fee) to the landlord.

A cancellation is only effective if the tenant declares this in text or written form to the landlord. The rental company must offset the income from renting the mobile home to another party during the agreed rental period as well as the expenses saved. The lessee is at liberty to prove that the lessor suffered only minor or no damage. The contractual right to cancellation does not exist if the tenant has booked a special offer, in particular so-called taster tours.

 

 

4. Failure to use the motorhome

If the lessee does not use the motorhome and has not effectively exercised his right of cancellation and the lessee does not have a statutory right of withdrawal or termination and if the lessor does not agree to the cancellation of the contract, the lessor retains the right to the agreed rental price despite Non-use of the motorhome. The landlord must offset the income from other rentals of the mobile home in the agreed rental period as well as the expenses saved. If the mobile home is not rented out elsewhere, the lessor can make a flat-rate deduction for saved expenses. In this case, the tenant is obliged to pay at least 90% of the contractually agreed rental price. The lessee is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

 

 

§ 8 Replacement Motorhome

 

If the mobile home is destroyed through no fault of the lessee or if it can be assumed that the use of the mobile home will not be possible for an unreasonably long time due to a defect/damage for which the lessee is not responsible, the lessor reserves the right to To provide the renter with a comparable or larger motorhome. If the lessor provides a suitable replacement motorhome within a reasonable period of time, the lessee has no right to terminate the rental agreement. If the renter incurs higher ancillary costs due to the replacement vehicle, such as ferry or toll fees as well as operating costs, these shall be borne by the renter. Insofar as the lessee's legitimate interests stand in the way, he can refuse to accept a larger motorhome as not being in accordance with the contract. If the landlord offers the tenant a replacement motorhome from a cheaper category and the tenant accepts the offer, the rental price difference between the two motorhomes will be reimbursed by the landlord.

 

 

§ 9 Obligations of the lessee, behavior in the event of accidents and in the event of damage

 

 

1. Obligations of the tenant

The motorhome may only be driven by the renter himself or the driver(s) specified in the rental agreement. Something else only applies in an emergency. The lessee is obliged to inform the lessor of the names and addresses of all drivers of the vehicle and to deposit a copy of their driver's license and identity card. The renter is obliged to inform all drivers about the validity of the content of the General Terms and Conditions. Before the renter leaves the mobile home to an authorized driver, he must ensure that he 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 available devices; in particular, it must be locked and the steering wheel lock engaged. The papers and keys for the mobile home must be carried by the renter when leaving the vehicle and must be protected from unauthorized access. The lessee may not make any technical or visual changes to the mobile home. Pets may only be taken with the express written consent of the landlord. If the lessor gives his consent, the lessee is solely responsible for ensuring that the entrainment itself, but also the manner of transport, is appropriate and appropriate to the species. When taking people with you, especially children up to the age of 12, § 21 StVO must be observed and followed by the renter and the respective driver.

 

 

 

2. Behavior of the lessee in the event of accidents and damage

In the event of accidents or damage caused by fire, theft or other damage, the lessee/driver must call the police immediately and inform the lessor. In the event of an accident (even without the involvement of a third party), the lessee/driver must stay at the scene of the accident until he has fully complied with his obligation to clarify the facts within the framework of the statutory provisions (in particular Section 142 of the Criminal Code StGB). If the police refuse to record the accident, the lessee must provide the lessor with appropriate evidence of this. In addition, the lessee must inform the lessor immediately in writing in the form of a report about the course of events and the consequences of an accident or damage event. This also applies to minor damage. In particular, the report must contain the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved. The lessee is not entitled to issue acknowledgments regarding an accident/damage event to third parties. Other minor damage to the mobile home must be reported to the lessor at the latest when the mobile home is returned.

 

 

§ 10 Handover and return of the mobile home

 

When the mobile home is handed over and taken back, the lessor and renter must jointly check the vehicle and accessories (in particular for presence, damage, operational readiness, refueling and cleanliness) and fill out and sign a handover or return protocol in which the relevant findings are made are to be documented. The landlord reserves the right to claim hidden damage even after the return protocol has been signed. The lessee undertakes to return the mobile home to the contractually agreed time, cleaned from the inside and in accordance with the condition recorded upon handover (according to the handover protocol) at the contractually agreed station and, unless otherwise agreed, during normal business hours at the lessor's business premises made known by a notice, to be returned.

 

The mobile home is handed over to the renter with a full tank and must be returned by the renter to the lessor with a full tank. If the renter does not return the mobile home with a full tank of fuel, the costs for filling up the tank by the lessor are to be borne by the renter. The renter will be charged the current daily price per liter plus an administration fee of EUR 25.

 

A one-way rental is not possible.

 

If the return obligation is violated, several tenants are jointly and severally liable.

 

If the lessee does not comply with his return obligation even after a further express request for return or is not available for the lessor, the lessor reserves the right to file a criminal complaint. Any costs incurred as a result are to be borne by the renter, unless he is not responsible for the violation of the return obligation.

 

 

§ 11 Motor home insurance

 

The motorhome insurance corresponds to the general conditions for motor vehicle insurance (AKB). The insurance includes third-party liability insurance in accordance with the applicable general conditions for motor vehicle insurance (AKB) with unlimited coverage for property damage and financial loss, for personal injury up to a maximum of EUR 8 million.  as well as a corresponding fully comprehensive insurance with a maximum deductible of EUR 1,500  per claim

 

 

Section 12 Defects and Repair

 

If there is a defect/damage to the mobile home during the rental period, the renter can carry out repairs that are necessary to ensure the operational and road safety of the mobile home during the rental period up to a price of EUR 150.00 without further ado, major repairs only commissioned from a specialist workshop with the consent of the lessor. The lessor bears the repair costs upon presentation of the original receipts and the replaced parts, unless the lessee is liable for the damage according to § 13. This regulation 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 must notify the lessor of the defect immediately and grant a reasonable period of time for the repair. In the case of country-specific circumstances (e.g. infrastructure) that delay the repair, the period must be extended accordingly.

 

 

§ 13 Liability, Statute of Limitations

 

 

1. Lessor Liability

The lessor is liable for all damage insofar as there is coverage under the insurance policies taken out for the motorhome. If damage is not covered by the insurance, the landlord, his employees and his legal representatives and vicarious agents are exclusively liable as follows:

 

In the event of damage to property and financial losses, liability is limited to intent and gross negligence, unless an essential contractual obligation has been violated. In the event of a breach of essential contractual obligations, the amount of liability for simple negligence is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. Significant contractual obligations are those obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the lessee relies and may also rely.

 

The limitation of liability does not apply to injury to life, body and health or other cases of mandatory legal liability.

 

The lessor is not liable for the lessee's belongings that the lessee does not take with him when the mobile home is returned.

 

 

 

2. Renter's Liability

The lessee is liable to the lessor, 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 if it is lost, the lessee is liable for the agreed rental period per claim up to the contractually agreed excess of the insurance.

 

In the 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 fully liable.

 

If the renter caused the damage during the rental period through gross negligence, the amount of the renter's liability up to the amount of the total damage depends on the severity of the renter's fault.

 

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

  • the lessee or the driver to whom the lessee has given the mobile home leaves the scene of the accident without permission;

  • the lessee intentionally or through gross negligence fails to call in the police in the event of an accident

unless the breach of duty had neither an influence on the determination of the cause of the damage nor the amount of the damage.

 

In the aforementioned cases, too, the lessee is liable to the lessor in the event of gross negligence to an extent corresponding to the severity of the fault up to the amount of the total damage. The tenant bears the burden of proof for the absence of gross negligence.

 

The lessee is liable for damage covered by the partially comprehensive insurance, in particular stone chips, in the amount of the agreed deductible of EUR 1,500 if and to the extent that the insurance company is obliged to settle the damage and the damage was not caused by the lessor.

 

If the lessee is in default with the return of the mobile home, the lessee is liable in accordance with the statutory provisions from the start of the delay.

 

For all damage not covered by insurance (e.g. driving a nail/screw into the tire or traffic offences) and after the agreed rental period has expired, the renter is fully liable in accordance with the general statutory provisions.

 

Several tenants are jointly and severally liable.

 

The lessee is liable for damage to the mobile home or third parties caused by the animals carried along in accordance with the statutory provisions.

 

The lessee undertakes to fully indemnify the lessor from liability for all fees, charges, fines and penalties incurred during the use of the rental vehicle for which he is responsible. Incoming cost notifications, etc. will be forwarded to the tenant plus a processing fee according to additional information on the rental agreement, unless the tenant can prove that the landlord incurred no or less effort and / or damage.

 

In particular, the lessee is liable without limitation for all violations of traffic and regulatory regulations and other legal provisions as well as for all property disturbances caused by himself or third parties to whom the lessee leaves the vehicle. The lessee releases the lessor from all fines and warnings, fees and other costs that authorities or other bodies charge the lessor for such violations. As compensation for the administrative effort incurred by the landlord for processing inquiries sent to the landlord by the prosecuting authorities or other third parties to investigate administrative offences, criminal offenses or disturbances committed during the rental period, the tenant will receive a flat-rate fee of EUR for each such inquiry 29  (incl. VAT), unless the lessee can prove that the lessor incurred no or significantly less expense and/or damage; the landlord is at liberty to claim further damage.

 

As long as the question of guilt has not been clarified, the landlord is entitled to withhold the deposit.

 

 

§ 14 Data protection, processing and use as well as vehicle tracking

 

The lessor collects, processes and uses personal data of the lessee and the driver for the purpose of fulfilling the rental contract as the responsible body within the meaning of the General Data Protection Regulation (GDPR) in conjunction with the Federal Data Protection Act. The lessor can pass this data on to contractual partners and other commissioned third parties (e.g In addition, personal contract data can be transmitted to third parties, in particular to competent authorities, if there is a legal obligation or this is to protect the legitimate interests of the landlord or a third party, in particular for the prosecution of criminal offenses, and there is no reason to assume that the lessee's or driver's interests worthy of protection in the exclusion of the transmission prevail. If the motorhome is equipped with a tracking system, the lessor is entitled to position item determine the mobile home's information and to locate and shut down the mobile home in the event of an alarm (theft, robbery, sabotage, violation of entry restrictions). The landlord uses this data exclusively for the purpose of locating and shutting down the motorhome in the event of an alarm.

 

 

§ 15 Final Provisions

 

The place of performance is the registered office of the lessor or the agreed rental station.

 

Changes to the general rental conditions and additional agreements must be made in writing by both parties in order to be effective, provided they relate to verbal agreements in advance and at the time of the conclusion of the contract. Statements by third parties have no influence, in particular no binding effect on the tenancy between landlord and tenant.

 

German law applies exclusively to the contract concluded between the lessor and the lessee. The provisions of the rental agreement, including the rental conditions, have priority; the statutory provisions apply in addition and as an alternative.

 

Should a 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, a legal entity under public law or a special fund under public law, the place of business of the lessor for all claims arising from or on the basis of this contract is agreed as the exclusive place of jurisdiction. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their domicile or usual place of residence outside of Germany after the conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is filed.

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