Valid from 26 February 2009
Krüger Caravan - hereinafter referred to as "Lessor" - offers camper vans under the following conditions. Please therefore read through these terms and conditions carefully!
1. Applicable law, customers' position, content of contract
1.1 The object of the contract is exclusively the hiring of a camper van.
1.2 A contract is agreed between Lessor and Lessee which is subject exclusively to German law, meaning first and foremost the stipulations of this agreement, supplemented by the legal provisions over a rental agreement.
1.3 The Lessee plans his own journey and uses the vehicle on his own responsibility. The Lessor is not obliged to provide a travel service and particularly no package of travel services. The legal provisions on the package travel contract, particularly sections 651a-l of the BGB (German Civil Code), have no direct or pursuant application to this contractual relationship.
1.4 The pick-up and return protocol, to be fully filled in and signed by the Lessee and the return station, is also a component part of this rental contract.
1.5 Where there are more than one Lessees, these are co-debtors.
2. Minimum age, driver's licence
The rental object may only be driven by Lessees or other authorized drivers who have completed their 21st year and who hold an appropriate driver's licence. A class 3 driver's licence is sufficient for all models.
A class B driver's licence only entitles the driver to drive vehicles with a permissible total weight of up to 3,500 kg. A class C1 licence entitles him/her to drive vehicles with more than 3,500 kg total weight. Drivers with class B and class C1 driver's licences must have held the licence for at least one year.
The rental object will only be handed over when the appropriate requirements have been shown to be fulfilled and when the driver's licence has been shown. The obligation to pay the agreed rent is not affected by this.
3. Rental prices, insurance
3.1 The rental price as a rule is the price from the pricelist valid at the time of the contract closure, as long as no other price has been agreed and as long as the rental price agreement is not based upon an obvious mistake. The different seasons (high/mid/low) will be taken into account in the calculation of price.
3.2 The rental prices include: partially comprehensive insurance with an excess of maximum € 500 and comprehensive cover with an excess of maximum € 1,500 per damage event. Third-party liability insurance with a cover of € 50 million for property damage and pecuniary damage, of € 8 million for personal injury, writ of protection, unlimited kilometres, as well as maintenance repairs that come up during the rental period as long as these are not caused by inappropriate use. Fuel and operating costs are at the expense of the Lessee.
3.3 The vehicles are handed over with a full tank of fuel and must be returned with a full tank. Otherwise, as well as the costs of a tank filling, a gross rate for refuelling of € 15 plus € 0.20 per litre will be charged.
3.4 The daily price is calculated per commenced 24 hours. The rental prices are always valid from the station until taking back by the station. One-way rentals are not possible. If the vehicle is returned after the agreed time, we will charge € 50 per commenced hour (but not more than the full daily price for each day of delay). Moreover, the Lessee is obliged to recompense any loss which arises from the delayed return unless the Lessee cannot be held responsible for the delay. In the case of a delayed return, the Lessor gainsays a continuation of the rental relationship.
3.5 In the case of a return before the end of the agreed rental period, the whole contractually agreed rental price is to be paid. Should the Lessor succeed in renting out the vehicle to another party, the incoming rental price of this hire will be credited against the rental price, whilst allowing for a service charge of € 150.
3.6 The Lessee is liable for all charges, taxes, fines and penalties arising from the use of the vehicle, even when the Lessor was called upon to deal with these, unless the Lessor is predominantly responsible for the circumstance.
4. Booking, withdrawal and changes in booking
4.1 As long as the parties have made no other agreement, the rental contract refers to the selected vehicle group, not to a particular vehicle type or a particular floor plan.
4.2 On receipt of the written booking confirmation, an advance payment of € 250 (bank transfer) is to be made within 10 days. If the Lessee does not make this payment by the deadline, the Lessor may cancel the contract. If the contract is cancelled, the Lessee is obliged to pay an indemnity in accordance with the cancellation charges laid down in item 4.3 below. The Lessee is at liberty to prove that no damage or only slight damage has been caused, and the Lessor to prove that more damage has been caused.
4.3 In the case that the Lessee demands the cancellation of the contract, the following cancellation fees are due: up to 50 days before the start of the journey, 10% of the rental price; from the 49th to the 15th day before the start of the journey, 50% of the rental price; from the 14th day before that start of the journey, 80% of the rental price; on the rental day or in the case of non-collection of the vehicle, 95% of the rental price. The Lessee is at liberty to prove that no damage or only slight damage has been caused, and the Lessor to prove that more damage has been caused. We recommend the taking out of travel cancellation insurance.
4.4 Up to 30 days before the originally agreed commencement of rental, the Lessee may once choose a vehicle from another vehicle category, as long as there is free capacity and if the total rental price is not thereby reduced. A processing fee of € 50 per change in booking will be charged. Later changes in booking are only possible, if at all, after cancellation under the conditions set out in 4.3 followed by a new booking. There is no legal right to changes in booking or changes in dates.
5. Payment conditions, deposit
5.1 The deposit of € 1,500 must either have been received without charge to the Lessor in the Lessor's bank account with the remaining rental price, 21 days before rental commences, or must be given on cash at the handover of the vehicle. In the case of bookings at short notice (less than 21 days before rental commences), the expected rental price is due immediately and the deposit must be paid by handover at the latest.
5.2 On return of the vehicle, Krüger Caravan will, according to the terms of the rental contract, balance the accounts and pay back the remaining part of the deposit.
5.3 The rental object will only be handed over if, besides the advance rental price, the agreed deposit has been paid. The obligation to pay the agreed rent is not affected by this.
6. Liability, comprehensive insurance
6.1 In the case of damage to the vehicle, loss of the vehicle and breaches of the rental contract, the Lessee is liable in principle according to the general regulations on liability.
6.2 An indemnity against liability as part of a vehicle insurance, with an excess of € 1000 (partially comprehensive) / € 1,500 (fully comprehensive), is agreed between the contract partners. Within the scope of this indemnity, the Lessee shall only be liable for damage if her or his vicarious agent caused the damage through malice or through gross negligence. The Lessee is also held liable for damage if he
a) does not give the Lessor notice of damage on time, or not fully, or with incorrect information, according to the obligations of the Lessee set out in item 8 below.
b) or, if his vicarious agents leave the scene of an accident, or fail to inform the police of an accident, or give false information on the cause of the accident, in as far as the justified interest of the Lessor in the assessment of the damage is affected and the breach of obligation is based neither on malice nor on gross negligence. In the case of gross negligence regarding these obligations, the indemnity of liability remains in as far as the breach has influenced neither the assessment of the insurance case nor the assessment of the scope of insurance benefit from the Lessor's insurer, nor the assertion of an insurance claim.
6.3 The indemnity against liability does not bear on the agreed excess. It applies only to the rental period.
6.4 The indemnity against liability (6.2) specifically does not cover brake damage, breakdown, or pure breakage, nor does it cover damage caused by shifting of the load or misuse (including damage to furniture).
6.5 The regulations apply to the authorized users as well as the Lessee. The contractual indemnity against liability does not apply for unauthorized users of the vehicle.
7. Return protocol, notice of defects, non-assignment clause
7.1 The Lessee is bound to return the vehicle in the condition stipulated by the contract.
7.2 The Lessee must immediately report to the rental station any defects in the vehicle or its fittings found after the commencement of rental.
7.3. The Lessee cannot make a claim of any kind if the defects giving rise to the claim are not reported in detail in the written return protocol.
8. Conduct in the case of accidents
8.1 In the case of accident, fire, theft, damage caused by wild animals or any other damage, the Lessee must immediately inform and call in the police. Adversarial claims must not be recognised.
8.2 The Lessee is furthermore bound to immediately report the damage beforehand to the Lessor. Moreover, he must immediately inform the Lessor using the accident report form to be found with the vehicle papers, which is to be carefully filled in, in all points, so that the Lessor can fulfil his duty of disclosure toward the insurer within a week.
9.1 Repairs which are necessary to secure the operating and traffic security of the vehicle may be commissioned by the Lessee up to a cost of € 150. Any larger repairs may only be commissioned with the agreement of the rental station.
9.2 The repair costs shall be reimbursed by the rental station on presentation of the relevant original receipts and the exchanged parts, in as far as the Lessee is not liable for the damage (see item 6 above).
9.3 Claims cannot be made for defects to the vehicle existing before the closure of the contract, for which the Lessor is not responsible.
10. Authorized drivers
10.1 The vehicle may only be driven by the Lessee him/herself and the drivers named in the rental contract, in as far as these are of the fixed minimum age and in possession of a valid driver's licence, in accordance with item 2 above .
10.2 The Lessee is bound to record the names and addresses of anyone he allows to drive the vehicle, even for a short time, and to make these known to the Lessor if requested. The Lessee is as responsible for the actions of other drivers as for his own.
11. Prohibited use
11.1 The Lessee is only entitled to use the rental object in the usual way. This specifically does not include participation in motor sports events, transport of highly inflammable, poisonous or otherwise dangerous materials, driving on unsecured terrain, or committing customs or other offences, even if these are only punishable according to the law of the place in which the offence is committed. The Lessee is not permitted to sub-let the vehicle.
11.2 The vehicle is to be treated appropriately and with care and must always be properly locked. Provisions for use and technical regulations must be observed and maintenance periods adhered to. The Lessee is bound to check regularly that the rental object is in roadworthy condition.
12. Smoking ban / transport of animals
Smoking in the vehicle is only permitted if the Lessor has conceded it in the contract. The same applies for having animals in the vehicle. Cleaning costs which arise from failure to observe this provision, as well as lost income through a temporary inability to rent out the vehicle, shall be at the expense of the Lessee.
13. Handover, return
13.1 The Lessee is bound to take part in a detailed briefing on the vehicle by our experts at the handover station before beginning the journey, as well as to take part in the return process together with the station employees.
13.2 The handover takes place from Mondays to Fridays from 12:00 to 18:00. The return takes place from Mondays to Fridays from 12:00 to 18:00. Saturdays vom 10:00 to 14:00. Handover and return days are charged together as one day in as far as a total of 24 hours is not exceeded. The interior of the vehicle must be properly cleaned by the Lessee before return. Should this not occur, the Lessee is bound to pay a cleaning fee of € 140. If the toilet must also be partially or completely cleaned by the Lessor, the Lessee is bound to pay a flat cleaning fee of € 140. The times agreed in the rental agreement must be observed. Losses that occur due to late return shall be borne by the lessee and will be at least € 50 per commenced hour. The return of the vehicle is confirmed by the signature on the return protocol.
13.3 The rental station can withhold handover of the vehicle until the vehicle briefing has occurred. Any handover delays or costs caused by this are at the expense of the Lessee.
14. Replacement vehicle.
If there is no vehicle available from the vehicle group which has been booked, or if the individual vehicle booked cannot be provided at the rental station, The Lessor reserves the right to provide a vehicle similar in size and fittings. No extra rental costs shall thereby accrue to the Lessee. Should a smaller vehicle be offered to and accepted by the Lessee, the price difference shall be reimbursed to the Lessee. If costs occur through the use of the other vehicle, such as ferry, toll or running costs, which would otherwise not have arisen, these shall be covered by the Lessor.
15. Trips abroad
Trips to other countries within Europe are possible. Trips to Eastern European countries and countries outside of Europe require the prior permission of the Lessor and application for special insurance cover. Journeys to war and crisis area are not allowed.
16. Limitation of liability
The materials defect liability for redress and rent reduction claims is limited to a maximum of three times the daily rental price.
17. Limitation period, lapse of time
17.1 Claims due to rental service not in accordance with the contract must be made by the Lessee in writing to the rental station within one moth of the contractually stipulated return of the vehicle. When this time has lapsed, claims may only be made where there is no responsibility for the Lessee's non-observation of the deadline.
17.2 Contractual claims of the Lessee, including those based on the Lessor's alleged breach of pre and post contractual obligations or letters of intent, lapse six moths after the contractually stipulated return of the vehicle. If the Lessee has made such claims, the limitation period is postponed until the day on which the Lessor repudiates the claims in writing.
17.3 The cession of such claims from the rental contract to third parties, even to spouses or other fellow travellers, is ruled out, as is the assertion of such claims in one's own name.
18. Storing and circulation of personal data
18.1 The Lessee is in agreement that Krüger Caraven may store his personal data.
18.2 The Lessor may use the "Zentraler Warnring" (database of the Association of German Rental Car Companies) and pass on these data to third parties with a justified interest if information given on rental was incorrect in essential points, or if the rented vehicle is not returned within 24 hours of the (possibly extended) rental period, or if rent demands must be asserted in a judicial default action, or if the Lessee's cheques are not honoured or exchange is protested. Moreover, a circulation of data to all authorities responsible for the prosecution of offences and crimes may take place in the case that the Lessee has behave dishonestly or if there is sufficient evidence thereof. This shall ensue, for example, in the case of false information given on rental, submission of false identity papers or papers registered as lost, failure to return the vehicle, failure to report a technical defect, traffic offences and the like. Legal obligations on the disclosure of information are not restricted by this provision.
19. Place of jurisdiction
For all disputes arising from this contract, the location of the Lessor is agreed as the place of jurisdiction, in as far as the Lessee's general place of jurisdiction is not domestic or, after closing the contract, he moves his residence or usual abode abroad, or his residence or usual abode is not known at the commencement of proceedings, if the Lessee is a business person or equivalent person according to section 38 paragraph 1 of the civil process law.
20. Closing provisions
All agreements must be in writing. Should individual provisions of these terms of business be void or become void, this ineffectiveness has no influence on the other points. The provisions which have become void must be reinterpreted so that their purpose can be effectively fulfilled. Compelling regulations remain unaffected and are considered to be agreed.