terms and conditions

General rental conditions for camper rental Tostedt Kristiane Koch, valid from December 1st, 2022

Dear customer (hereinafter customer),
The following terms and conditions, insofar as they have been effectively agreed, become part of the contract between the company Campermiete Tostedt Kristiane Koch - hereinafter referred to as *CMT* - and you in the event of the conclusion of a contract for the booking of a motorhome. Please read these terms and conditions carefully!

1. Applicable law, position of the customer, content of the contract
1.1 The subject of the contract with CMT is exclusively the rental of the mobile home. However, CMT does not owe any travel services and in particular no travel services as a whole.
1.2 The choice of law made in accordance with Section 19 of these terms and conditions primarily applies to the contractual relationship between CMT and the customer.
1.3 Several tenants are jointly and severally liable.
1.4 The statutory provisions on the package travel contract, in particular §§ 651.l BGB, do not apply directly or correspondingly to the contractual relationship. The rental of a mobile home is based on a rental contract and not a set of travel services (package travel).
1.5 A part of the rental contract is also the acceptance and return protocol to be completed and signed by the lessee and the return station. The handover/return can also be carried out by a third party commissioned by CMT.
1.6 The rental begins when the renter takes possession of the mobile home.
1.7 For proper return, the lessee must hand over the mobile home to VE at the location specified in the rental agreement. The return protocol to be prepared when returning the mobile home must also be signed. Up to this point in time, the renter is liable for damage to the mobile home in accordance with the following provisions. Furthermore, the renter is liable for the rent or, after the agreed contract period has been exceeded, for damage resulting from the delayed return.
1.8 CMT will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.
2. Minimum age, driver's license
2.1 The minimum age of the renter and the driver is 21 years. Driving license class 3 and class B is required for all vehicles with a permissible total weight of up to 3,500 kg. Class C1 is required for all vehicles with a gross vehicle weight rating of more than 3,500 kg. Drivers with a category B and C1 driving license must have held the driving license for at least two years.
3. Rental prices, insurance
3.1 In principle, the prices from the price list valid at the time the contract is concluded apply as the rental price, unless a special price has been agreed and the rental price agreement is not based on an obvious error. When calculating the price, the different seasons are taken into account.
3.2 The rental prices include:
- Free mileage allowance from 2 weeks rental period, including 250km/rental day
- Comprehensive insurance with a deductible of €1,000 per claim
- Liability insurance towards third parties with a flat rate of EUR 100 million coverage for personal injury, property damage and financial loss (personal injury EUR 8 million per injured person)
- Euro protection letter
Fuel and operating costs are at the expense of the renter.
3.3 The daily prices are calculated for every 24 hours started. If the vehicle is returned after the time agreed in writing, CMT will charge EUR 15 per commenced hour (but no more than the total daily price for each day that is delayed) and will pass on to the lessee any claims for damages that the subsequent lessee or other persons have asserted against CMT due to the vehicle being picked up late.
3.4 If the vehicle is returned before the end of the agreed rental period, the full contractually agreed rental price must be paid, unless the vehicle can be rented elsewhere. According to the currently valid price list, the specified minimum rental period of 3 days must be observed during certain travel times. A one-off service fee of EUR 120 (2023: EUR 129) is charged for each rental.
3.5 The final cleaning of the outside, in order to avoid damage, must be carried out by CMT and will be charged to the tenant (2023: 65€). The interior cleaning can be carried out by the tenant or, if commissioned by CMT (2023: €65), is subject to a fee.
4. Booking
4.1 With the booking, the customer offers CMT the conclusion of a rental contract based on these rental conditions.
4.2 In the case of electronic transmission of the booking (by e-mail or Internet or app), CMT will immediately confirm receipt of the booking to the customer electronically. This confirmation of receipt represents a binding booking confirmation and therefore justifies a claim by the customer to the conclusion of the rental agreement.
4.3 The subject of the service is exclusively the type of vehicle booked or, alternatively, an adequate vehicle of the same type.
4.4 Brochure information in brochures, information and assurances from third parties, in particular from manufacturers, vehicle handover points and travel agents, which go beyond the service description and the contractual information from CMT or contradict them, are not binding for CMT.
5. Terms of Payment, Deposit
5.1 After booking, you will receive a reservation confirmation and invoice, with a request to pay this immediately, 50% of the invoice amount to the specified account of camper rental Tostedt Kristiane Koch.
5.2 The remaining amount must be paid 14 days before the start of the rental (free of charges and fees, especially for payments from abroad) to the account specified by CMT from the lessee's account, including any rental accessories or additional services booked.
5.3 The deposit due, as noted in the booking confirmation, is to be paid with the final payment or in cash upon handover. Unless otherwise expressly agreed with regard to the amount of the deposit, this amounts to EUR 1,000 per booking. The deposit will be refunded by CMT upon the proper return of the vehicle and after the final settlement of the rental contract. All extras will be deducted from the deposit when the vehicle is returned.
5.4 In the case of short-term bookings (less than 30 days before the start of the rental), the deposit will be collected in cash at the CMT rental station and the expected rental price including rental accessories is due immediately.
5.5 If CMT is willing and able to provide the contractually owed service and the customer has no legal or contractual right of retention, there is no right to the contractual services, in particular the taking over of the booked vehicle, without full payment of the rental price and the deposit.
5.6 If the down payment, final payment and deposit payment are not made within the contractually agreed due dates, CMT can withdraw from the contract after a reminder with a deadline and charge the customer with cancellation costs in accordance with Section 6 of these conditions.
5.7 Insofar as the customer is not in arrears due to a previous reminder from CMT, default in payment occurs no later than 30 days after the due date and receipt of the booking confirmation and invoice, even without a reminder from CMT.
6. Withdrawal and rebooking
6.1 It is pointed out that there is no general statutory right of withdrawal for rental contracts. It is further pointed out that due to the legal provision of Section 312b Paragraph (3) No. 6 BGB, there is no right of withdrawal.
6.2 However, CMT grants the customer a right of withdrawal, which should be exercised in writing in the interests of the customer. In the event of withdrawal from the contract, CMT will charge the following cancellation fees, which are calculated in accordance with the principles of Section 537, Paragraph 1, Clause 2 of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and take into account the expenses saved and the usual possible alternative rental. If you withdraw from the reservation/booking at the start of the rental period, the following cancellation fees will apply:

- Up to 60 days before the start of the rental period = 40% of the total rental amount
- Up to 30 days before the start of the rental period = 60% of the total rental amount
- up to 14 days before the start of the rental period 80% of the total rental amount and thereafter 100%
6.3 The lessee is free to prove to CMT that no or a significantly lower loss has occurred.
6.4 After the conclusion of the contract, the customer is not entitled to changes with regard to the start of the rental period, the type of vehicle, the pick-up and/or return station or the equipment (rebooking). If a rebooking is possible and is nevertheless carried out at the customer's request, CMT can charge a rebooking fee of EUR 25 per rebooking process up to the 59th day before the start of the rental period. The customer's rebooking requests that are made later can only be carried out after withdrawal from the contract in accordance with the conditions in Section 6.2 and simultaneous new booking, provided that they can be carried out at all. This does not apply to rebooking requests that only cause minor costs.

7. Liability, comprehensive insurance
7.1 For damage that occurs during the rental period and for which the lessee or his driver is responsible, the lessee is liable for up to EUR 1,000 per claim.
7.2 The Lessor has the right to invoice any repair costs that may arise based on a cost estimate.
7.3 In the case of intentional or grossly negligent causation of the damage, in particular in the case of alcohol or drug-related unfitness to drive, the lessee's liability limitation does not apply. The same applies to damage caused by non-compliance with sign 265 (headroom) in accordance with Section 41, Paragraph 2, Item 6 of the Road Traffic Regulations (or comparable regulations abroad). Furthermore, despite the agreed limitation of liability, the lessee is fully liable for all damage caused to the roof of the vehicle by the lessee and which is due to non-observance of the vehicle dimensions (vehicle height and width), overloading, improper loading and unloading or can be traced back to the load or caused by reversing without instruction.
7.4 If the lessee fled the accident or violated his/her obligations according to Section 8 of these conditions, he/she is also fully liable unless the violation had no influence on the determination of the damage event. The lessee is also liable without limitation for all damage occurring during the rental period, which occurred when the vehicle was used by an authorized or unauthorized driver (item 10) or for a prohibited purpose (item 11) due to the load or improper handling of the vehicle. For the rest, the legal liability remains.
7.5 the lessee is liable for all damage asserted against him or CMT by third parties, which the lessee has caused to third parties during the use of the rental object.
7.6 The lessee is liable for all fees, charges, fines and penalties incurred in connection with the use of the vehicle for which the lessor is claimed, unless they are caused by the lessor's fault. CMT charges a processing fee of EUR 9.50 per transaction to compensate for the administrative effort.
7.7 If the lessee culpably caused damage to the vehicle that led to the cancellation of one or more subsequent bookings, he is liable for the cancellation of the rental for these bookings. CMT is obliged to keep the loss of rent as low as possible.
8. Return Protocol, Notice of Defects
8.1 The lessee must notify the rental station immediately, but no later than when the vehicle is returned, of any defects found on the rental vehicle or its equipment after the start of the rental period.
8.2 The lessee cannot assert claims of any kind if the defects applicable to such claims are not recorded in writing and in detail in the return protocol. Claims do not apply if a return protocol is not drawn up for reasons for which the renter is not responsible.
9. Behavior in the event of accidents
9.1 The lessee must notify the police and the CMT rental station immediately after an accident, damage caused by fire, theft or game. Opposing claims may not be recognized.
9.2 The lessee must inform CMT immediately by telephone of any damage and submit a detailed written report with a sketch at the latest when the vehicle is returned.
9.3 The accident report must contain the names and addresses of the persons involved and any witnesses as well as the registration number of the vehicles involved and must be signed by both parties.
9.4 CMT is entitled to a claim (contractual penalty) in the event of misappropriation of the vehicle by the lessee (it will not be returned by the lessee). If the lessee does not return the vehicle as part of the rental agreement, the lessor reserves the right to charge the lessee for damages in the amount of EUR 3,000, plus the cost of locating and collecting the vehicle.
9.5 If the probable amount of damage is higher than the personal liability or if the vehicle is no longer completely roadworthy, the lessor must be informed immediately by the lessee.
10. Authorized Drivers
10.1 The vehicle may only be driven by the lessee and the drivers specified at the time of rental.
10.2 The lessee is obliged to record the name and address of all drivers to whom the vehicle is only temporarily available and to inform the lessor of this. The lessee is considered the owner for the duration of the rental.
11. Prohibited Uses
11.1 The renter is prohibited from using the vehicle:
• to participate in motor sport events and vehicle tests
• for the transport of highly flammable, toxic or otherwise dangerous substances
• to commit customs and other criminal offenses, even if these are punishable only under the law of the crime scene
• for sub-letting or transfer
• for other uses that go beyond the contractual use, in particular on terrain that is not intended for driving on
11.2 The vehicle and accessories are to be treated carefully and properly and properly locked. The regulations and technical rules relevant to use apply. The lessee undertakes to regularly check whether the rental object is in a roadworthy condition.
12. Delivery, return
12.1 The lessee is obliged to take part in a detailed briefing at the handover station when picking up the vehicle. The lessor can withhold the handover of the vehicle until the vehicle has been instructed. Any handover delays and costs incurred as a result shall be borne by the lessee. At the beginning of the rental period, the lessee must check the prescribed tire pressure immediately. If he subsequently complains about a case of damage, he is fully responsible himself.
12.2 Before the vehicle is returned, the service water tank must be completely emptied and the interior must be cleaned by the renter. If this is not the case, the tenant will be charged for the cleaning work incurred (at least EUR 100.00). If the toilet has to be partially or completely cleaned by the landlord, the tenant will be charged a cleaning fee of EUR 150.00. The return of the vehicle is confirmed by the signature of the employee at the rental station on the return protocol. Without this signature, all damage to the rental vehicle will be at the expense of the lessee, especially if the vehicle is parked outside of business hours.
Handovers take place after instruction from Monday to Saturday by arrangement between 3:00 p.m. and 6:00 p.m., returns take place Monday to Saturday by arrangement between 9:00 a.m. and 1:00 p.m. Handovers outside of these times are only possible after consultation and with an additional fee (EUR 75.00). The return takes place at the station or a previously agreed mobile branch and is confirmed by the signature of the lessee and lessor on the checklist of the contract. Delivery and return days are calculated together as one day, provided that the above times are observed.
13. Replacement vehicle
13.1 If the booked vehicle cannot be made available at the rental station, the Lessor reserves the right to provide a vehicle that is comparable or larger in terms of size and equipment. This means that the customer does not incur any additional rental costs. If a smaller vehicle is offered and accepted by the lessee, the difference in price between the two vehicles will be reimbursed. If higher additional costs, such as ferry and toll fees or operating costs, arise due to the provision of a larger vehicle, these will be borne by the lessee. If the vehicle cannot continue to be used through the fault of the lessee, the lessor can refuse to provide a replacement vehicle. A termination of the rental contract is excluded in this case.
14. Trips abroad
14.1 Trips abroad with the rented mobile home are possible and generally possible in Europe. Eastern European countries require the prior consent of the landlord. Travel to war and crisis zones is prohibited. Restrictions due to pandemics must be observed. Applicable travel warnings from the Federal Foreign Office must be observed.
14.2 The lessee must independently obtain any necessary permits, toll or environmental vignettes according to his travel plans. Attachment to the windscreen is permitted if required by law, but without restricting the driver's view.
14.3 In countries with digital toll collection, the lessee must create an account with the company responsible for toll collection before the journey, with a precise definition of the travel dates, in order to settle the toll costs directly (e.g. in Norway and Sweden with EPASS24).
14.4 In the event of violation of local regulations and laws, the renter is fully liable for all penalties and fines, see §7.

15. No Smoking, Pets
15.1 CMT only offers non-smoking vehicles as part of its rental fleet. Smoking is therefore not permitted in non-smoking vehicles throughout the vehicle, both in the driver's cabin and in the living and sleeping areas.
15.2 Taking dogs, cats or other animals with you must be agreed with CMT prior to booking.
15.3 In the event of proven violations, CMT may terminate the rental agreement extraordinarily and without notice and charge the renter with the costs incurred through ventilation or to eliminate the contamination with smoke (separate filter system), including any downtime costs due to the resulting non-rentability of the vehicle.
16. Repairs
16.1 Repairs that become necessary to ensure the operational and road safety of the vehicle may only be commissioned by the lessee with the consent of CMT. Previous repairs without agreement are at the expense of the tenant.
16.2 The repair costs will be reimbursed by the CMT head office on presentation of the relevant original receipts and the replaced parts, provided the lessee is not liable for the damage (see Section 7).
17. Remedy, Reduction, Damages
17.1 If the rental is not in accordance with the contract, the lessee has the right to remedy, rent reduction or, if CMT is responsible for a defect in the vehicle, to compensation. To remedy the situation, the customer must notify the rental station immediately of any defects found and grant the rental station a reasonable period of time for repairs. Claims do not lapse if the immediate notification of defects is not made through no fault of the lessee or if CMT refuses to remedy the situation or is objectively impossible.
17.2 Claims for damages for defects in the vehicle that existed before the conclusion of the contract and for which CMT is not responsible are excluded.
18. Limitation of Liability
18.1 CMT's liability is limited to intent and gross negligence, insofar as these are not primary contractual obligations. This limitation of liability does not apply in cases of no-fault liability or for the liability of CMT, its legal representatives and its vicarious agents for bodily injury, damage to health and loss of life.
18.2 When traveling with a mobile home, the current regulations and laws of the respective country must be observed. VE assumes no liability for any travel restrictions that may exist.
18.3 Sweepstakes
Legal recourse is excluded when participating in sweepstakes and competitions.
19. Deadline, Statute of Limitations
19.1 Claims due to non-contractual provision of the rental must be reported in writing by the lessee to our company headquarters within one month of the contractually agreed return of the vehicle. After the deadline, claims can only be asserted if there is no fault for the non-compliance with the deadline. The period does not begin earlier than when the customer becomes aware of the circumstances justifying the claims against CMT.
19.2 Claims of the customer from the rental agreement against CMT, for whatever legal reason - but with the exception of the customer's claims from tort - expire after one year.
19.3 The statute of limitations begins at the end of the year in which the claim arose and the customer became aware of circumstances justifying the claim and CMT as the debtor became aware or should have become aware of them without gross negligence.
19.4 If negotiations are pending between the customer and CMT about asserted claims or the circumstances justifying the claim, the limitation period is suspended until the customer or CMT refuses to continue the negotiations. The aforementioned limitation period of one year comes into effect 3 months after the end of the suspension at the earliest.
20. Storage and disclosure of personal data
20.1 The tenant agrees that CMT stores his personal data.
20.2 CMT may pass this data on to third parties who have a legitimate interest if the information provided during the rental is incorrect in essential points or the rented vehicle is not returned within 24 hours after the end of the possibly extended rental period or rental claims in court dunning proceedings must be asserted or checks given by the tenant are not redeemed. In addition, the data can be forwarded to all authorities responsible for the prosecution of administrative offenses and criminal offenses in the event that the tenant has actually behaved dishonestly or there are sufficient indications for this. This occurs, for example, in the event of incorrect information on the rental, submission of incorrect or lost personal documents, non-return of the vehicle, non-communication of a technical defect, traffic violations and the like.
20.3 For safety reasons, our vehicles are equipped with a tracking system. With it, the current location and travel route can be tracked.
21. Choice of Law and Venue
21.1 German law applies exclusively to the contractual relationship between the customer and CMT. This also applies to the entire legal relationship.
21.2 Insofar as German law is not applied to the merits of claims by the customer against CMT abroad for the liability of CMT, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of claims by the customer.
21.3 the customer can only sue CMT at its registered office
21.4 The place of residence of the customer is decisive for claims by CMT against the customer. For lawsuits against customers or contractual partners of the rental agreement who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad or whose domicile or habitual abode is not known at the time the lawsuit is filed, CMT's registered office is agreed as the place of jurisdiction.
21.5 the above provisions do not apply,
a) if and insofar as something else results in favor of the customer from contractually non-mandatory provisions of international agreements that are to be applied to the rental agreement between the customer and CMT, or
b) if and insofar as non-mandatory provisions applicable to the rental agreement in the EU member state to which the customer belongs are more favorable for the customer than the following provisions or the corresponding German regulations.
22. Modification of Terms and Conditions
22.1 CMT can change the GTC at any time if the customer agrees to the change. The customer declares his consent by not objecting to the change within 2 weeks after notification. CMT will inform the customer of the consequences of not filing an objection.

Campermiete Tostedt Kristiane Koch, as of 12.2022