Travel protection, reduction of excess

Motorhome and caravan rental:

Frieda's Camper GmbH
Talstr. 14
47798 Krefeld

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

1. Conclusion of the binding rental agreement:

1.1. Agreements or declarations that are made verbally, without written confirmation, by email, SMS, WhatsApp or Telegram, 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.

1.2. The rental agreement is concluded between the contracting parties. A transfer or assignment of the rights from the rental agreement by the tenant to other third parties is only possible with the express prior written consent of the landlord.

1.3. 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/renters named in the rental agreement.

2. Termination, cancellations:

2.1. If no date has been set for the return of the vehicle (indefinite rental agreement), the rental agreement can be terminated by either party in compliance with the statutory notice period (§580 a BGB). If the rental is calculated in days, the termination can then be made on any day at the end of the following day in accordance with § 580 a Paragraph 3 BGB.

2.2. In the case of fixed-term rental agreements, the agreed rental period (dates) is binding for both parties and can only be extended or shortened by mutual agreement.

2.2.1. Termination or cancellation of the contract is excluded by both parties, unless there is an important reason within the meaning of Section 543 of the German Civil Code (BGB).

2.2.2. The renter is obliged to return the vehicle to the lessor at the latest at the specified time, taking into account the usual time tolerances. If the renter has collected the vehicle from the lessor himself, he is obliged to return the vehicle to the lessor. If collection by the lessor has been agreed, the renter must make the vehicle available for collection at the agreed location at the specified time.

2.2.3. The rental agreement is not automatically extended if the renter does not return the vehicle on time and hand it over to the lessor. In the event of a late return, the lessor can demand compensation from the renter in accordance with Section 546 of the German Civil Code (BGB) in the amount of the agreed rental price.

2.2.4 Cancellation conditions
After the landlord has made a binding offer to the tenant and the tenant has accepted it, the rental transaction is bindingly booked.

If you withdraw from the rental agreement, the following cancellation conditions apply to tenants:

• • up to 50 days before departure 30 % of the rental price·
  • from 49 to 15 days before departure 75 % of the rental price·
  • from 14th day 90 % of the rental price·
  • on the day of rental or in case of non-collection of the vehicle: 100 % of the rental price

In the event that the renter is unable to travel for health reasons, we recommend taking out travel cancellation insurance. Renters can easily book this online through us. In the event of cancellation by the landlord, the renter will receive a refund of 100% of the rental price already paid.

3. Use and prohibitions on use of the rental vehicle

3.1. The use of the vehicle is only permitted within the European Union (EU), with the exception of Cyprus. The use of the vehicle is also permitted in Albania, Andorra, Liechtenstein, Monaco, Norway, San Marino and Switzerland. Outside these borders, there is no insurance cover in the motor vehicle insurance (in particular fully comprehensive cover). If the renter wants to use the vehicle in other countries and areas, the lessor's prior written consent is required.

3.2 The lessor generally does not permit the use of the vehicle for the following purposes:

3.2.1 Participation in racing, driver training, off-road driving and similar uses.

3.2.2. Transport of highly flammable, toxic or otherwise dangerous substances.

3.2.3. 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.

3.3. The use of the vehicle is not permitted if the renter or driver does not have a valid driving license recognized in Germany, if there is a driving ban or if the driving license has been temporarily revoked.

3.4. The use of the vehicle is not permitted if the driver is unable to drive the vehicle safely due to the consumption of alcoholic beverages or other intoxicating substances (unfit driver).

3.5. If the renter does not comply with the usage prohibitions agreed in the above sections 3.1 to 3.4, the renter is in breach of duty when using the vehicle.

4. Minor repairs, fuels, oils

4.1. The fuel, engine oil, AdBlue and other auxiliary and operating materials consumed during the rental period must be purchased by the renter at his own expense.

4.2. The tenant can carry out small repairs, such as replacing light bulbs, themselves or have them carried out by a specialist workshop up to a maximum of €100 per individual case without prior agreement with the landlord. The landlord will reimburse the tenant for the costs upon presentation of an invoice and presentation of the replaced damaged part. No reimbursement of costs without an invoice. The tenant's own work will not be reimbursed.

5. Tenant’s duty of care and liability for damages

5.1. The renter is obliged to check the vehicle carefully before taking it over. If any damage or defects are found, the renter must notify the lessor in writing.C2 GeneralC2 General

5.2. From the time of handover, the renter is obliged to treat and use the vehicle as a prudent owner concerned with maintaining its value would do. In particular, the renter is obliged to:

• • • to protect the vehicle against damage in extreme weather conditions (e.g. hail, storms, floods, heavy snowfall);
    • If there is a risk of damage due to vandalism, the vehicle must be secured at one's own expense, 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) indicate a problem, the renter is obliged to act in accordance with the instructions provided in the manufacturer's operating manual for the vehicle.
    • Check the oil level of the engine and accessories as well as the tire pressure before starting a long journey and, if necessary, correct it according to the manufacturer's specifications.

5.3. The renter is responsible for the negligence of his passengers and fellow travelers within the scope of his general duty of care and diligence towards the lessor for the rented vehicle. A passenger or fellow traveler is anyone who is in or near the vehicle with the knowledge and consent of the renter.

5.4. The tenant is liable for all financial losses of the landlord that arise due to a culpable violation of his general duty of care under this rental agreement, to the extent permitted by law. In the event of an insurance claim, the landlord is obliged to first make use of the vehicle's full or partial insurance (fully comprehensive or partially comprehensive insurance). Insurance benefits reduce the tenant's liability for damages.

5.5. If the landlord repairs the damage himself or through his own employees, an hourly rate of €99.00 (neFo) per hour of work performed and per person is hereby agreed as appropriate compensation.

5.6. In the event of damage to the rental property caused by the tenant and a resulting necessary repair by a
Specialist workshop, the lessor must determine the specialist workshop carrying out the work.

6. Non-accidental vehicle damage and technical defects:

6.1 The renter is liable for all damage to the vehicle resulting from operating errors during the rental period, to the extent permitted by law.

6.2. If, after the vehicle has been handed over to the renter, technical defects occur in the vehicle that are not caused by an accident and that significantly limit its usability, both parties are entitled to terminate the contract with immediate effect without notice if it is not possible to remedy the defect by repair in the short term.

6.3. For the duration of the impairment of use caused by a technical defect, the daily rental price is to be reduced by 1/24 for each hour started. The tenant waives all further claims even in the event of termination, unless the technical defect is caused by grossly negligent or intentional conduct on the part of the landlord.

6.4. If the contract ends due to termination without notice in accordance with Section 6.2, the tenant remains obliged to pay the agreed rent until the date of termination. The parties mutually waive any further claims, in particular compensation for damages including compensation for consequential damage caused by a defect. This waiver does not apply if the defect is the fault of the landlord due to gross negligence or intent.

6.5. Sections 6.2 to 6.4 do not apply if the renter is liable for the damage due to an operating error in accordance with section 6.1, i.e. if the defect is due to an operating error by the renter.

6.6. The renter must immediately notify the lessor of any technical defect in the vehicle. If no notification is made, the renter must compensate the lessor for any resulting damage.

7. Traffic accidents, limitation of liability of the renter:

7.1. The lessor is not liable for items that the renter has brought into the vehicle, such as luggage, cameras or bicycles. In the event of a traffic accident, the lessor is obliged to provide the renter with all the information required to enforce his own claims for damages or compensation for pain and suffering against the other party involved in the accident in writing; this also applies to corresponding claims by his passengers and fellow travelers.

7.2. In the event of a traffic accident, unless it is a minor accident that does not significantly limit the usability of the vehicle, both parties are entitled to terminate the contract with immediate effect and without notice. In this case, the renter remains obliged to pay the agreed rent until the time of termination.

7.3. In the event of traffic accidents (even without third-party involvement), fire, damage caused by wild animals and other damage, the renter must immediately call the local police and ensure that the accident or damage is recorded, notify the lessor, send the lessor a detailed accident report with an attached sketch of the accident, and in the event of accidents involving third parties, the license plates of the vehicles involved and their liability insurance and the names and addresses of the drivers and witnesses must be recorded.

7.4. The tenant's liability for damages is governed by the statutory provisions. The tenant's liability is - unless he has been
Breach of duty according to section 7.3 or 7.5 - limited to €1,000 per claim, provided that the existing vehicle insurance for the vehicle covers comprehensive/third party liability damage. The insurance conditions are handed out together with the rental agreement. If the renter has taken out additional insurance to insure the excess, the excess per claim will be different from the insured excess, but at least €1,000.00.

7.5. If the behaviour of the renter after a traffic accident (for example, hit and run), or the behaviour of the renter which was the cause of the traffic accident, a violation of the prohibitions on use according to Section 3 or any other breach of duty by the renter leads to the existing full or partial vehicle insurance for the vehicle being wholly or partially exempt from payment of benefits in accordance with the provisions of the Insurance Contract Act (VVG)
can invoke a liability against the lessor, the renter is liable for all financial losses of the lessor to the extent permitted by law, unless these are covered by insurance. The fully comprehensive insurance can, for example, invoke exemption from liability if the renter drives the vehicle under the influence of alcohol or other intoxicating substances or flees the scene of an accident.

7.6. With effect from the time at which all of the landlord's claims for damages have been satisfied by the tenant, the landlord assigns to the tenant all claims for damages that he may have against third parties for the purpose of asserting them.

8. Duty of care and liability of the landlord:

8.1 The lessor is obliged to request settlement of all vehicle damages that constitute an insured event from the relevant vehicle insurance companies, unless doing so appears uneconomical or obviously futile.

8.2. The lessor may refuse to provide the service if it is impossible for the lessor to do so. This is particularly the case if the vehicle was damaged before the start of the rental period as a result of a traffic accident or force majeure in the event of natural events to such an extent that it is no longer usable, and repairs or replacements were no longer possible before the start of the rental period or would have required an expense that, taking into account the rental period and the agreed total rental price and the principles of good faith, is grossly disproportionate to the interest of the lessee in the service.

8.3 The lessor may also refuse to provide the service if he is unable to obtain insurance cover through full vehicle insurance under economically reasonable conditions.

8.4. In the event of non-performance in accordance with sections 8.2 and 8.3, claims for damages against the landlord - regardless of the legal basis - are excluded, unless the landlord is guilty of gross negligence or intent. The landlord is, however, obliged to immediately repay all payments received to the tenant.

8.5. The lessor assumes no liability for the suitability of the vehicle for the purpose intended by the lessee.

8.6. The lessor's liability regardless of fault is excluded. The lessor is only liable for intent and gross negligence, and for slight negligence only in the event of a breach of essential contractual obligations. These limitations of liability do not apply in the event of injury to body, life or health or in the event of fraudulent concealment of defects in the vehicle. This limitation of liability applies accordingly to all defects in the vehicle or other damage that arise after the contract has been concluded or after the vehicle has been handed over.

9. Loss of keys or vehicle documents:

9.1 If the renter is responsible for the loss of vehicle documents or a key, he is obliged to bear the costs of replacing them and to compensate the lessor for the time and other expenses incurred in this connection.
9.2 The landlord's time expenditure shall be compensated at a rate of €99 per hour; the tenant reserves the right to minimize the landlord's expenditure by providing his own services.

10. Technical and optical changes:

10.1 The renter may not make any technical modifications to the vehicle.

10.2. The renter is not authorized to make any visual changes to the vehicle, including in particular paintwork, stickers or adhesive films.

10.3. The renter expressly guarantees that any damage to the rental property that occurs during the rental period will not be repaired by the renter without the consent of the lessor (prior consent / subsequent approval) by means of self-repair or third-party repairs before the vehicle is returned.

11. Data protection

11.1. The tenant agrees that the landlord stores his personal data

11.2. The lessor may pass this data on to third parties who have a legitimate interest if the information provided at the time of rental is incorrect in essential points or the rented vehicle is not returned within 2 hours after the end of the possibly extended rental period or rental claims have to be asserted in the dunning process. In addition, the data can be forwarded to all authorities responsible for the prosecution of administrative offences and criminal offences or their representatives in the event that the renter has actually behaved dishonestly or there are sufficient indications of this. This occurs, for example, in the case of incorrect information about the rental, submission of false or reported loss personal documents, non-return of the vehicle, failure to report a technical defect, traffic violations, etc.

11.3. Before the contract is concluded, information about the tenant's risk of default can be obtained. The prospective tenant/tenant gives his consent to this. For this purpose, we may transmit names and contact details to Creditreform. Further information on data processing at Creditreform can be found in the detailed information sheet Creditreform Information in accordance with Art.14 EU GDPR. If the result is negative, we reserve the right not to conclude rental agreements with our customers.

11.4. The vehicles can be equipped with a GPS system for theft monitoring. The lessor reserves the right to remotely immobilize the vehicle and to pass on the traffic data to relevant third parties and authorities in the event of suspicion.

12. Choice of law, place of jurisdiction, miscellaneous

12.1 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.

12.2. The parties agree that German law shall apply to their mutual legal relationships arising from this rental agreement.

12.3. 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 from this rental agreement. The court with jurisdiction shall be the court at which the landlord has his general place of jurisdiction, unless the local court in which the rented property is located has exclusive jurisdiction.

12.4. If and to the extent that one of the provisions of this contract violates a mandatory legal provision, the corresponding legal provision shall take its place. We have taken note of the general rental conditions.