General terms and conditions
of FELIRAS Campingbusvermietung GmbH for the rental of a motorhome, the following General Terms and Conditions become part of the contract concluded between the lessor of the motorhome (hereinafter referred to as the "lessor") and you (hereinafter referred to as the "lessee").
1. subject matter of the contract
a) The subject of the contract is only the rental of a motorhome. The Lessor does not owe travel services or a totality of travel services (travel). The statutory provisions on the travel contract - in particular §§ 651 a-l BGB - shall not apply. The hirer shall carry out his journey independently and use the vehicle on his own responsibility. b) When the vehicle is handed over or returned, a handover or return protocol must be completed in full and signed. These two protocols are part of the rental contract.
2. minimum age of the tenant, driving licence, identity card
The hirer or driver must be at least 18 years of age, have been in possession of a Class B driving licence valid for the respective vehicle class in Germany for vehicles with a permissible total weight of up to 3,500 kg for at least one year, as well as a German identity card. For hirers without a German passport, the deposit increases (see point 7.). The hirer is fully liable for ensuring that only persons who fulfil the aforementioned conditions and are specified as drivers in the rental contract drive the rental vehicle. Presentation of the driving licence by the Hirer or the driver at the time of rental or at the time of takeover is a prerequisite for the handover of the motorhome. If the handover is delayed due to a lack of presentation of the driving licence, this shall be at the expense of the Hirer. If the driving licence cannot be presented either at the agreed time of takeover or within a reasonable period of grace, the lessor is entitled to withdraw from the contract. The cancellation conditions of clause 6b shall apply.
3. rental price
a) The rental price is based on the price list valid at the time the contract is concluded or on the agreements in the rental contract. Any additional kilometres required will be charged on return of the vehicle in accordance with the valid price list or as previously agreed. Fuel and gas costs, toll, parking, camping, parking space and ferry fees as well as fines and other penalties shall be borne by the hirer. The rental price includes the costs of insurance cover in accordance with item 4 as well as for maintenance, oil consumption and wear and tear repairs. b) Different seasonal periods may be taken into account when calculating the price. The rental price per night entitles the customer to use the vehicle from the time of handover (taking into account the return times). Later return times will be charged subsequently (see clause 8 g). c) For every rental, the ready-to-use handover of the vehicle as well as a detailed vehicle instruction are included.
4. insurance cover
a) Third party liability insurance with € 100 million cover for property damage and financial loss, for personal injury up to a maximum of € 12 million per injured person. b) Indemnity according to the principles of comprehensive insurance: 1. “low rider“ " insurance cover package (SB 1500€ / 3000€): 1500,- € per claim (3000,- € per claim if the renter is under 23 years of age), as far as the conditions do not provide for full liability of the renter, especially according to item 13 of these rental conditions. Furthermore, the following items are covered by this package:
- Deposit 750€
- Tyre insurance
- 2 drivers included
2. “easy rider“ Versicherungsschutzpaket (SB 750€ / 1500€): 750,- € pro Schadenfall (1500,- € pro Schadenfall wenn das 23. Lebensjahr noch nicht vollendet ist), soweit die Bedingungen keine volle Haftung des Mieters vorsehen, insbesondere entsprechend Ziff. 13 dieser Vermietbedingungen. Weiterhin sind folgende Punkte durch dieses Paket abgesichert:
- Deposit 750€
- Tyre insurance
- Windscreen insurance (outside field of vision up to 2cm)
- 3 drivers included
3. “knight rider“ Versicherungsschutzpaket (SB 0€ / 750€): 0,- € pro Schadenfall (750,- € pro Schadenfall wenn das 23. Lebensjahr noch nicht vollendet ist), soweit die Bedingungen keine volle Haftung des Mieters vorsehen, insbesondere entsprechend Ziff. 13 dieser Vermietbedingungen. Weiterhin sind folgende Punkte durch dieses Paket abgesichert:
- Deposit 0€
- Tyre insurance
- Windscreen insurance (within field of vision with crack)
- Interior repair
- Underbody repair
- 4 drivers included
c) The comprehensive insurance is valid for the following countries: Austria (A), Belgium (B), Bulgaria (BG), Czech Republic (CZ), Germany (D), Denmark (DK), Spain (E), Estonia (EST), France (F), Finland (FIN), United Kingdom (GB), Greece (GR), Hungary (H), Italy (I), Ireland (IRL), Luxembourg (L), Lithuania (LT), Latvia (LV), Malta (M), Norway (N), Netherlands (NL), Portugal (P), Poland (PL), Romania (RO), Sweden (S), Slovakia (SK), Slovenia (SLO), Switzerland (CH), Albania (AL), Andorra (AND), Bosnia-Herzegovina (BIH), Belarus Belarus (BY), Croatia (HR), Moldova (MD), Macedonia (MK), Montenegro (MNE), Serbia (SRB). d) All countries not listed under point 4.c) may not be entered. In the event of infringements, the hirer is fully liable and the lessor may levy penalties if necessary. e) Motorhome cover for breakdown assistance within the countries listed under point 4. c). The individual benefits can be viewed in the following appendix "Benefits of the cover".
5. reservation and terms of payment
a) Reservierungen sind nur nach der Übersendung (bevorzugt via Email) des unterschrieben Vertrags in Verbindung mit dem Personalausweis sowie des Führerscheins der im Vertrag genannten Person und nach schriftlicher Reservierungsbestätigung durch den Vermieter verbindlich. Mit der schriftlichen Reservierungsbestätigung erhält der Mieter den Anspruch auf ein Wohnmobil in der gebuchten Fahrzeugkategorie, soweit nach Ziff. 9 nicht die Stellung eines Ersatzfahrzeuges zulässig ist. Auf eine spezifische Farbwahl besteht kein Anspruch. b) Nach Erhalt der schriftlichen Reservierungsbestätigung ist innerhalb der genannten Frist (Zahlungseingang) eine Anzahlung in Höhe von 30% des Gesamtbetrages bei Buchung und der Restbetrag bis 14 Tage vor Mietbeginn auf das in der Reservierungsbestätigung genannte Konto des Vermieters zu überweisen. Bei Nichteinhaltung einer dieser Fristen ist der Vermieter nicht mehr an die Reservierung gebunden. Darüber hinaus ist der Vermieter nach Mahnung und fruchtlosem Ablauf einer Frist zur Nacherfüllung berechtigt vom Vertrag zurückzutreten. Es finden die Stornobedingungen der Ziffer 6b Anwendung.
6. withdrawal and rebooking
ADDITION: Due to the current situation surrounding the Corona virus, we will not charge you any cancellation or trip interruption fees in this context if the travel restrictions become more severe from the time of booking. Rebookings can also be made free of charge in this context. We ask you not to claim this right lightly and at too short notice. Thank you. a) Please note that there is no general legal right of withdrawal from rental contracts. However, the landlord grants the tenant a contractual right of withdrawal to the extent described below. b) In the event of withdrawal from the binding reservation, the following cancellation fees will be due:
- 0% of the rental price up to the 61st day before the agreed start of the rental period
- 30% of the rental price from the 60th to the 46th day before the agreed start of the rental period
- 60% of the rental price from the 45th to the 15th day before the agreed start of the rental period
- 80% of the rental price from the 14th to the 4th day before the agreed start of the rental period
- 95% of the rental price from the 3rd day of the agreed start of the rental period
The date of receipt of the written notice of withdrawal by the lessor is decisive for the date of withdrawal. Non-acceptance/collection is deemed to be a withdrawal. c) Insofar as free capacities are available 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 surcharge, provided that the agreed rental period is not undercut. A reduction of the rental period after the booking has been made is not possible. d) The provision of a substitute renter is only possible with the written consent of the Lessor. The latter may only refuse consent for justified reasons. e) The hirer is at liberty to prove that no damage or only a lesser amount of damage has been incurred.
a) 1. when booking the "low rider" insurance cover package, the deposit is 750€, for renters without a German passport 1500,- €. 2. when booking the "easy rider" insurance cover package, the deposit is 750€, for hirers without a German passport 750,- €. 3. when booking the "knight rider" insurance package, the deposit is 0€. This can be paid free of charge by credit card when taking over the vehicle or in advance by bank transfer with the reference "deposit", separately from the rental price transfer. A cash payment of the deposit is not possible. A deposit paid by credit card will be released directly upon proper return of the vehicle. Deposits paid by bank transfer will be refunded within one week. b) The deposit will be refunded upon proper return of the vehicle in accordance with the contract and after final settlement of the rental agreement. All additional expenses and costs incurred (e.g. refuelling costs, damage) will be offset against the deposit when the vehicle is returned, provided these are to be borne by the Hirer. Repair costs incurred as a result of a damage event may be settled by the Lessor on the basis of a cost estimate or an expert opinion commissioned by him. In the event of unauthorised use until final clarification of the amount of the costs and the burden of bearing the costs, the Lessor shall be entitled to retain the security deposit. In the event of negligent use of the vehicle, the Hirer shall bear the costs of assessing the damage (e.g. expert opinion).
8. vehicle handover and return
a) The vehicle is to be taken over and returned to the mobile home station of the Rental Firm named in the contract on the respective agreed date, observing the time stated in the contract. In the event of late return, please note point 8. g). On Sundays and public holidays there are no handovers or returns. b) When handing over the vehicle, the original valid identity card and driving licence must be presented and the handover protocol (see section 1b) must be completed and signed. By signing the handover protocol, both parties acknowledge the recorded condition of the vehicle. c) Before the vehicle is handed over, a detailed vehicle briefing will take place. The Lessor may withhold the handover of the vehicle until the vehicle instruction has been completed. Any delays in handover and costs for which the lessee is responsible shall be borne by the lessee. d) The lessee undertakes to return the vehicle to the rent-a-bulli.de rental station at the contractually agreed time, cleaned inside and in a recorded condition (according to the handover protocol). Other handover and return locations must be confirmed in writing by the rental company. f) Damaged or missing items will be charged to the hirer. g) If the hirer does not return the vehicle to the rental company at the end of the agreed full stop of use or not at the agreed time, the rental company reserves the right to charge a usage fee of at least one overnight stay, unless otherwise agreed in writing. Any further claims for damages on the part of the Lessor shall remain unaffected. h) The Lessee shall be at liberty to prove that no damage has been incurred at all or that the damage is significantly lower. i) An extension of the rental period is only possible with the express consent of the lessor in text form (SMS, email). In general, the Lessor does not agree to the automatic conversion into a rental relationship for an indefinite period in the event of continued use. j) Returning the vehicle before the expiry of the agreed rental period does not result in a reduction of the agreed rent. k) If the booked vehicle cannot be provided, the lessor reserves the right to provide a vehicle comparable in size and equipment. Should a smaller vehicle be offered and accepted, the difference in rental price between the two vehicles will be refunded. l) The rental vehicle must be returned with a full tank of fuel and gas (gas bottles will be filled by the Rental Firm), with the waste water tank emptied and, if applicable, the toilet emptied and the interior cleaned (swept, vacuumed and wiped), in particular with a cleaned kitchen and refrigerator and, if applicable, bathroom. The vehicle may only be cleaned with non-corrosive cleaning agents and soft rags or cloths. Further interior and exterior cleaning is the responsibility of the hirer. Heavy soiling of e.g. upholstery will be charged separately and deducted from the deposit.
9. replacement vehicle
a) If the vehicle cannot be provided in the booked vehicle category at the time of handover, the Rental Firm reserves the right to provide a vehicle of comparable size and equipment or a larger vehicle. This will not result in any additional rental costs for the hirer. The same shall apply if the vehicle is destroyed through no fault of the Hirer or if it is foreseeable that the use of the vehicle will be impossible for an unreasonably long period of time as a result of damage for which the Hirer is not responsible. Termination by the lessee in accordance with § 543 Para. 2 No. 1 of the German Civil Code (BGB) is excluded in these cases, unless the provision of a replacement vehicle fails, is delayed or is refused by the lessor. Any higher ancillary costs incurred as a result, such as ferry or toll charges and operating costs, shall be borne by the hirer. Insofar as justified interests of the hirer are opposed, he may refuse to accept a larger vehicle as a contractual service. b) If the hirer accepts an available replacement vehicle in a smaller vehicle category, the lessor shall reimburse the resulting price difference between the two vehicle categories. c) If the vehicle is destroyed through the fault of the lessee or if it is foreseeable that its use will be restricted or rendered impossible by a circumstance for which the lessee is responsible, the lessor may refuse to provide a replacement vehicle. In this case, termination by the hirer in accordance with § 543 Para. 2 No. 1 BGB (German Civil Code) is excluded. d) Vehicle downtimes due to a breakdown will be reimbursed on a pro rata hourly basis from 6 hours. e) If, through no fault of the hirer, it is not possible to hire out the vehicle due to a technical defect, accident or the like, no claim for damages exists. Any travel fees already paid will be refunded in full.
10. obligations of the tenant
a) The vehicle may only be driven by the renter himself/herself or the driver(s) specified in the rental agreement. The Hirer must appear himself/herself at the time of collection of the hired vehicle. The Hirer is obliged to inform the Rental Firm of the names and addresses of all drivers of the vehicle and to provide a copy of their driving licence and identity card. The Hirer shall be responsible for the actions of the respective driver as for his own. The vehicle shall be handled carefully and properly (this includes in particular checking the oil and water levels as well as the tyre pressure) and shall be properly locked in each case. The regulations and technical rules applicable to the use of the vehicle shall be observed and the maintenance periods shall be complied with. The Hirer undertakes to regularly check whether the vehicle is in a roadworthy condition. b) It is prohibited to use the vehicle for the following purposes, among others
- to participate in motor sport events and vehicle tests;
- for the carriage of explosive, highly flammable, toxic, radioactive or otherwise dangerous substances;
- to commit customs offences and other criminal offences, even if these are only punishable under the law of the place where the offence is committed;
- for subletting or lending;
- for uses that go beyond the contractual use, in particular on land not intended to be driven on;
- to take care of flat removals.
c) Journeys to war zones are not permitted. Journeys to other countries mentioned under point 4. c) are only permitted with the express and written consent of the Rental Firm. d) Repairs that are necessary to restore the operational and road safety of the vehicle or regular maintenance may only be ordered by the Hirer with the request of the Rental Firm. Repairs may only be ordered with the express written consent of the Rental Firm by email or text message. The Lessor will only reimburse the repair costs incurred and approved as a result on presentation of the corresponding original proofs and receipts (invoice address of the Lessor and, if applicable, vehicle ID no.) and simultaneous presentation of the replacement parts/old parts, unless the Hirer is liable for the damage. e) The Hirer must inform himself/herself independently about traffic regulations and laws of the countries visited during the rental period and of the transit countries and must comply with the traffic regulations applicable in each case. f) The Hirer may not carry out any technical repairs to the vehicle. The Hirer may not make any technical modifications to the vehicle. The Hirer is not authorised to make any optical changes to the vehicle, in particular to provide it with paintwork, stickers or adhesive foils. g) Animals may only be brought along in selected vehicles and with the express written consent of the Rental Firm. Cleaning costs incurred due to non-observance as well as any loss of profit by the lessor due to the temporary non-rentability shall be borne by the lessee. h) The lessee shall notify the lessor immediately of any technical defects or impairments to the vehicle. Only then are any compensation payments in favour of the lessee possible. i) For VW T3 California lessees: The renter is obliged to check the oil and coolant levels at least every 500 km and to top them up if necessary. Any damage caused by non-observance must be borne by the hirer. j) In case of a technical defect, the renter is obliged to wait at least 3 working days (from the diagnosis of the workshop) for the repair or replacement of the vehicle. k) For VW T3 California hirers: The vehicle may be driven at a maximum speed of 100km/h. l) For VW T6, T6.1 California / Grand California hirers: The vehicle may be driven at a maximum speed of 160km/h /140km/h. m) The vehicle may only be cleaned with non-corrosive cleaning agents and soft cloths. n) All vehicles are non-smoking vehicles. Any costs incurred in the event of non-compliance shall be borne by the hirer.
11. behaviour in the event of an accident or damage
The hirer must inform the police immediately after an accident, fire, theft, damage caused by game or other damage. This also applies to accidents caused by the tenant without the involvement of third parties. In addition, the Hirer must inform the Rental Firm immediately of all details of the accident or damage event, even in the case of minor damage, in writing by email or text message. 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 by other parties involved in the accident must not be recognised. Other damage or special occurrences in connection with the vehicle must also be reported to the Rental Firm without delay. Continuing the journey, even to the nearest garage, is only permitted with the prior written consent of the Rental Firm. This does not apply if consequential damage can be ruled out due to the nature of the damage.
12. liability of the lessor
a) The Rental Firm shall be liable for all damage insofar as cover exists within the framework of the insurance policies taken out for the vehicle. For damage not covered by insurance, the Lessor's liability for property damage and financial loss is limited to intent and gross negligence, unless material contractual obligations have been breached. This limitation of liability also applies in favour of employees of the lessor. b) The lessor is not liable for telephone costs incurred in the event of a breakdown or bookings made in connection with the travel arrangements. c) The Rental Firm is not liable for personal injury caused by falling down when using the bed in the high roof or folding roof.
13. Liability of the tenant
a) The Hirer shall be liable for all damage caused to the Rental Firm by him/her in the event of intent or gross negligence, in particular in the event of drug- or alcohol-related driving incapacity and in the event of damage caused by non-observance of the vehicle dimensions (height, width, length) and the load regulations, as well as reversing without a guide and driving uphill without a handbrake. Likewise, the Hirer shall be liable to the full extent of the damage for all damage caused by him/her in connection with the use for a prohibited purpose (clause 10), in the event of a return not in accordance with the contract, by the load or by improper handling of the hired vehicle (in particular operating errors) as well as in the event of an unauthorised extension of the contract. If the hirer has absconded from the scene of an accident without permission (§ 142 of the German Criminal Code) or culpably breached his obligations in the event of an accident or in the event of damage in accordance with clause 11 of these terms and conditions, he shall likewise be liable for the full amount of the damage, unless the breach had no influence on the determination of the damage. If the Hirer defaults on returning the vehicle, he shall also be liable for all resulting damage. b) If the Hirer leaves the use of the vehicle to a third party not specified in the Rental Contract and if an event of damage occurs, the Hirer shall be liable for the full amount of the damage, even if the third party caused the damage through no fault of his own. c) In this case, the renter is liable to pay all costs necessary for the repair of the rented vehicle as well as the costs of assessing the damage (e.g. expert opinion). In the event of a total loss, the Hirer shall be liable for the replacement value of the rented vehicle. Any further claims for damages shall remain unaffected by this provision and shall be governed by the statutory provisions. d) In the event of slight negligence, the lessee shall be liable during the agreed period of use only up to the agreed deductible, insofar as these terms and conditions do not stipulate liability in the full amount of the damage. This limitation of liability does not apply in favour of unauthorised users of the vehicle. e) The lessee is liable for all fees, charges, fines and penalties incurred in connection with the use of the rental vehicle for which the lessor is held liable, unless these are due to the fault of the lessor. Incoming cost notices, etc. will be forwarded to the Hirer. f) Several Hirers are liable as joint and several debtors. g) As long as the question of guilt remains unresolved, the Rental Firm is entitled to retain the deposit. h) The Hirer is liable for towing costs incurred due to a stuck vehicle.
14. Limitation and prohibition of assignment
a) The Hirer must notify the Rental Firm of obvious defects due to non-compliance with the rental contract at the latest when returning the vehicle. The stated defects must be acknowledged and confirmed by the Rental Firm. Acknowledgement of the defects does not constitute an admission of guilt on the part of the Rental Firm. Subsequent assertion of claims on the part of the tenant is only possible if he is not at fault for the failure to comply with the time limit. b) All contractual claims of the tenant become time-barred within one year after the contractually stipulated repossession. If claims have been asserted by the lessee, the limitation period shall be suspended until the day on which the lessor rejects the claims in writing. c) Claims for damages by the Lessor due to alteration and deterioration of the rental object shall become statute-barred at the earliest after the expiry of 12 months, beginning in principle with the return of the vehicle to the agreed rental station. If the accident was recorded by the police, the Lessor's claims for damages against the Hirer shall not become due until the Lessor has had the opportunity to inspect the investigation file. However, the limitation period shall commence no later than 6 months after the return of the rental vehicle. The Lessor is obliged to make immediate and emphatic efforts to inspect the file and to inform the Hirer without delay of the time at which the file will be inspected. d) The assignment of claims arising from the rental contract to third parties is excluded, as is the assertion of such claims in the Hirer's own name.
15. General Provisions
a) Unless the signatory of the rental agreement expressly designates himself as the representative of the tenant, he shall be personally liable as joint and several debtor alongside the person, company or organisation for whom he has concluded the rental agreement. b) Offsetting is excluded with the exception of claims that are undisputed, legally established or ready for decision.
16. storage and disclosure of contractual data
Personal contract data may be forwarded to investigative and tax authorities in the event that the lessee has actually behaved dishonestly or there are sufficient indications of dishonest behaviour. This occurs, for example, in the event of false rental information, presentation of false or lost personal documents, failure to return the rental vehicle, failure to report a possible technical defect, traffic violations, etc. In addition, personal data may be transferred to commissioned third parties insofar as this is necessary to process the rental contract and to enforce the contractual claims of the lessor.
17. vehicle location
The vehicles are equipped with a GPS tracking system. This serves exclusively to protect against theft and to monitor that the maximum speed of the vehicles of 100 km/h (VW T3 California) or 160km/h (VW T6, T6.1 California) and 140km/h (VW Grand California) is observed and the routes are controlled. The GPS service provider does not receive any personal data. Personal data may be transferred to commissioned third parties if this is necessary to process the rental contract and to enforce the contractual claims of the lessor.
The penalties are not intended to be a hidden source of income for the rental company, but are exclusively intended to ensure compliance with the rules described above and the careful treatment of the vehicles. Penalties may be levied by the lessor for the following actions: a) Exceeding the maximum speed of 100 km/h (VW T3 California) or 160km/h (VW T6, T6.1 California) and 140km/h (VW Grand California) for more than 2 minutes (speedometer display): Before the penalty is levied, the hirer will be warned at least twice by SMS. If the renter still does not keep to the maximum speed, 25,- € per exceeding will be charged. If the tenant continues to drive too fast despite warnings and three penalty charges (3 x 25,- €), the landlord reserves the right to charge a further increased penalty of 100,- € per violation. In particularly serious cases, the lessor may also impose a driving ban, whereby any costs incurred for the return of the vehicle or any resulting engine and/or vehicle damage shall be borne by the lessee. b) Vehicle not cleaned or insufficiently cleaned on return: 69,- € resp. 89,- € (Grand California) c) Fuel and/or gas tank not filled up: 29,- € plus refuelling fees d) Flat administrative fee for tolls, fines and penalties: 0,- € per transaction e) Flat administrative fee for self-inflicted accidents: 49,- € per transaction f) Entry into uninsured countries (see item 4. c): 1000,- €
19. parking space car
The lessor is not liable for damage or theft for vehicles parked on his premises. It is generally the lessee's responsibility to prove that damage to the vehicle was caused by the lessor.
20. final provisions
a) The place of performance is the registered office of the Lessor (Berlin). b) Amendments to the General Rental Terms and Conditions and additional agreements must be made in writing by both parties in order to be valid, insofar as they concern verbal agreements in the run-up to and at the time of the conclusion of the contract. c) The contract concluded between the Lessor and the Lessee shall be governed exclusively by German law. The provisions of the rental agreement shall have priority; the statutory provisions shall apply in addition and in the alternative. d) Should a provision be or become void, this shall not affect the validity of the other provisions. e) If the Lessee is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, it is agreed that the Lessor's place of business shall be the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode outside Germany after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought. Status: 01.02.2022