Rental Terms

1. Applicable Law, Status of the Customer, Contract Content

1.1 The subject of the contract is exclusively the rental of the motorhome.

1.2 A rental agreement is concluded between the lessor and the lessee, to which German law applies exclusively, primarily the provisions of this agreement, and supplementarily the statutory regulations regarding rental agreements.

1.3 The lessee plans their own trip and uses the vehicle at their own risk. The lessor does not owe any travel services and, in particular, no package of travel services. The statutory provisions regarding package travel contracts, specifically §§ 651a-l of the German Civil Code (BGB), do not apply to the contractual relationship, either directly or analogously.

1.4 An integral part of the rental agreement is the handover and return protocol, which must be fully completed and signed by the lessee and the return station.

1.5 Multiple lessees are jointly and severally liable.

2. Minimum Age, Driver’s License

The rental object may only be driven by lessees or other authorized drivers who are at least 21 years old and possess an appropriate driver’s license. A Class 3 license or a Class B license entitles the holder to drive vehicles with a maximum permitted weight of up to 3,500 kg; Class C1 is required for vehicles with a weight exceeding 3,500 kg. Drivers with Class B and C1 licenses must have held their license for at least four years. The rental object will only be handed over if the corresponding requirements are proven and the driver’s license is presented. The obligation to pay the agreed rent remains unaffected by this.

3. Rental Prices, Insurance

3.1 The rental price is generally based on the prices from the price list valid at the time the contract is concluded, unless a special price has been agreed upon and the rental price agreement is not based on an obvious error. Different seasonal periods are taken into account in the price calculation.

3.2 Rental prices include maintenance and wear-and-tear repairs, as well as third-party liability and fully comprehensive insurance with a deductible of at least €1,000.00.

3.3 Vehicles are handed over with a full tank and must be returned with a full tank. Otherwise, in addition to the cost of the fuel, a refueling service fee of €15 gross plus €0.30 gross per liter will be charged.

3.4 Daily rates are calculated per 24-hour period started. Rental prices always apply from the station until return to the station. One-way rentals are not possible. In the event of a return after the contractually agreed time, we charge €25 per hour started (but no more than the total daily price for each day of delay). Furthermore, the lessee is obliged to compensate the lessor for any damage resulting from the late return, unless the lessee is not responsible for the delay. In the event of a late return, the lessor objects to a continuation of the rental relationship.

3.5 If the vehicle is returned before the end of the agreed rental period, the full contractually agreed rental price must be paid. If the lessor succeeds in renting the vehicle to someone else, the rent received from this rental will be credited against the rental price, taking into account a service fee of €150.00.

3.6 The lessee is liable for all fees, charges, fines, and penalties incurred in the context of using the vehicle, even if the lessor is held liable for them, unless the lessor is predominantly responsible for the circumstance.

4. Booking, Cancellation

4.1 Unless the parties have made other arrangements, the rental agreement refers to the selected vehicle group, but not to a specific vehicle type or a specific layout.

4.2 After receiving the written booking confirmation, a deposit of 25% of the rental amount must be paid within 5 days. If the lessee does not pay this deposit on time, the lessor may terminate the contract. If the contract ends through termination, the lessee is obliged to pay a cancellation fee in accordance with the rates regulated in Section 4.3. The lessee is free to prove that no damage or less damage occurred; the lessor is free to prove that higher damage occurred.

4.3 If the lessee requests a cancellation of the contract, the following cancellation fees apply:

• Up to 60 days before the start of the rental: 25% of the rental price
• Up to 30 days: 50% of the rental price
• From the 30th day: 75% of the rental price
• On the day of rental or in case of non-acceptance of the vehicle: 90% of the rental price

The lessee is free to prove that no damage or less damage occurred; the lessor is free to prove that higher damage occurred. We recommend taking out travel cancellation insurance.

5. Payment Terms, Deposit

5.1 A deposit of 25% is due upon conclusion of the contract. The remaining balance plus the security deposit must be transferred 4 weeks before the start of the rental.

5.2 For short-term bookings, the security deposit must be deposited together with the full rental price immediately or at the latest upon vehicle handover.

5.3 Sabine & Thomas Loth will settle the security deposit after the vehicle is returned, taking into account any claims from the rental agreement, and will transfer the remaining amount.

5.4 The rental object will only be handed over if the agreed security deposit has been paid in addition to the rent to be paid in advance. The obligation to pay the agreed rent remains unaffected by this.

6. Liability, Fully Comprehensive Protection

6.1 The lessee is fully responsible for the rented vehicle during the rental period. All damage to the vehicle is at the expense of the lessee.

6.2 A waiver of liability in the scope of motor vehicle comprehensive insurance with a deductible of €1,000 (fully comprehensive) per claim is agreed between the contracting parties. The lessee is likewise liable for damages if:

• a) they fail to submit the damage report to the lessor in a timely or complete manner or with false information, contrary to the lessee’s obligation under Section 8.
• b) they or their vicarious agents committed a hit-and-run, waived the involvement of the police in an accident, or provided false information about the course of the accident, insofar as this impaired the lessor’s legitimate interests in determining the damage.

6.3 The waiver of liability does not apply to the agreed deductible. It only applies to the rental period.

6.4 The waiver of liability (6.2) specifically does not cover braking, operational, and pure breakage damage, as well as damage caused by shifting cargo or incorrect operation (including damage to furniture).

6.5 These regulations apply to the authorized user as well as the lessee.

6.6 Damages not covered by the fully comprehensive insurance (e.g., loss of rental income, reduced value after accidents) are to be borne by the lessee. In these cases, the lessee owes the agreed daily rental price as compensation for loss of rental income for the duration of the repair or replacement.

6.7 The lessee is also fully liable for damages caused by unauthorized drivers.

7. Return Protocol, Notification of Defects, Prohibition of Assignment

7.1 The lessee is obliged to return the vehicle in a condition that complies with the contract.

7.2 Defects in the rental vehicle or its equipment discovered after the start of the rental must be reported to the rental station immediately.

7.3 The lessee cannot assert claims of any kind if the defects justifying such claims are not recorded in writing and in detail in the return protocol.

8. Behavior in Case of Accidents / On the Road

8.1 In the event of an accident, fire, theft, damage caused by wild animals, or any other damage, the lessee must immediately notify and involve the police. Opposing claims must not be acknowledged.

8.2 They are further obliged to notify the lessor of the damage immediately in advance (mobile, WhatsApp). Furthermore, they must inform the lessor fully and without delay using the accident report found with the vehicle documents, which must be filled out carefully in all points, so that the lessor can fulfill their notification obligation to the insurer within one week.

8.3 Damage to roof hatches, roof structures, and the underbody is not covered by the insurance. Furthermore, all damage, e.g., to the interior fittings, the bicycle rack, or other parts resulting from negligence or intent, is not covered. Likewise, driving with an oil level that is too low, over-revving the engine, or driving on unsuitable paths is not covered.

8.4 Maneuvering and reversing the vehicle is only permitted for the lessee under the guidance of an assistant.

9. Repairs

9.1 Repairs necessary to ensure the operational and road safety of the vehicle may be commissioned by the lessee up to a price of €150 without further ado; larger repairs only with the consent of the rental station.

9.2 Repair costs will be reimbursed by the rental station upon presentation of the corresponding original receipts and the replaced parts, provided the lessee is not liable for the damage (see Section 6).

9.3 Claims for damages for defects in the vehicle existing before the conclusion of the contract, for which the lessor is not responsible, are excluded.

10. Authorized Drivers

10.1 The vehicle may only be driven by the lessee themselves and the drivers specified in the rental agreement, provided they have the required minimum age and possess a valid driver’s license according to Section 2.

10.2 The lessee is obliged to record the name and address of all drivers to whom they entrust the vehicle, even temporarily, and to disclose them to the lessor upon request. The lessee is responsible for the actions of the respective driver as if they were their own.

11. Prohibited Use

11.1 The lessee is only entitled to the normal use of the rental object. This specifically does not include participation in motorsport events and vehicle tests, the transport of highly flammable, toxic, or otherwise dangerous substances, as well as driving on unsecured terrain, the commission of customs and other criminal offenses, even if these are only punishable under the law of the place of the offense.

11.2 Subletting is prohibited for the lessee.

11.3 The vehicle must be treated with care and properly, and must be locked appropriately at all times. The regulations and technical rules relevant for use must be observed, and maintenance intervals must be adhered to. The lessee undertakes to regularly check whether the rental object is in a roadworthy condition.

12. Smoking Ban / Transport of Animals

Smoking in the vehicles is not permitted. The transport of animals is only permitted if the lessor has granted this in the contract. Cleaning costs resulting from non-compliance, as well as lost profit due to the resulting temporary inability to rent out the vehicle, are at the expense of the lessee.

13. Handover, Return

13.1 The lessee is obliged to participate in a detailed vehicle briefing by our experts at the handover station before starting the journey, and to carry out the return together with the station staff.

13.2 Handover takes place on the first day of rental between 3 PM and 5 PM, and return on the last day of rental before 10 AM. No handover or return is possible on Saturdays, Sundays, or public holidays. Handover and return days are calculated together as one day, provided a total of 24 hours is not exceeded. Before returning the vehicle, the interior must be cleaned perfectly by the lessee. If this is not the case, the lessee must bear the cleaning costs in the flat amount of €115. If the toilet also needs to be partially or completely cleaned by the lessor, the lessee must bear cleaning costs in the flat amount of €150. The return of the vehicle is confirmed by the signature on the return protocol.

13.3 The rental station may withhold the handover of the vehicle until the vehicle briefing has taken place. Any resulting handover delays and costs are at the expense of the lessee.

14. Replacement Vehicle

If a booked vehicle is not or no longer available due to an unforeseen event, or if the individually booked vehicle cannot be provided at the rental station, the lessor is entitled, but not obliged, to provide another vehicle of different size and equipment, including a smaller or larger one. This does not result in any additional rental costs for the customer. If additional costs arise from the use of the other vehicle, such as ferry and toll fees or operating costs that would not have otherwise occurred, these are at the expense of the lessee. If it becomes impossible for the lessor to provide the vehicle after the contract is concluded through no fault of their own, they are released from the obligation to perform if a timely repair or replacement procurement before handover to the lessee is not possible with reasonable effort.

15. Trips Abroad

Trips abroad within Europe are possible. Eastern and non-European countries require the prior consent of the lessor and the application for special insurance coverage. Trips to war and crisis zones are prohibited.

16. Limitation of Liability

Liability for material defects for claims for remedy and rent reduction is limited to a maximum of three times the daily rental price.

17. Exclusion Period, Statute of Limitations

17.1 Claims due to non-contractual performance of the rental must be submitted in writing by the lessee to the rental station within one week after the contractually scheduled return of the vehicle. After the deadline has expired, claims can only be asserted if there is no fault for the failure to meet the deadline.

17.2 Contractual claims of the lessee, including those arising from the breach of pre-contractual, post-contractual, and ancillary obligations by the lessor, expire six months after the contractually scheduled return. If the lessee has asserted such claims, the statute of limitations is suspended until the day on which the lessor rejects the claims in writing.

17.3 The assignment of claims from the rental agreement to third parties, including spouses or other fellow travelers, is excluded, as is the assertion of such claims in one’s own name.

18. Storage and Disclosure of Personal Data

18.1 The lessee agrees that the lessor Sabine & Thomas Loth may store their personal data.

18.2 The lessor may disclose this data, as well as information from built-in tracking devices, via the central warning ring and to third parties who have a legitimate interest, if the information provided at the time of rental is incorrect in essential points, or if the rented vehicle is not returned within 24 hours after the end of the rental period, or if rental claims must be asserted in judicial dunning proceedings, or if checks given by the lessee are not honored or bills of exchange are protested. Otherwise, the data may be forwarded to all authorities responsible for the prosecution of administrative offenses and criminal acts in the event that the lessee has actually behaved dishonestly or there are sufficient indications of this. This occurs, for example, in the case of false information regarding the rental, presentation of false or reported lost personal documents, non-return of the vehicle, failure to report a technical defect, traffic violations, and the like. Legal obligations to disclose data are not restricted by this regulation.

19. Place of Jurisdiction

For all disputes arising from or about this contract, the seat of the lessor is agreed as the place of jurisdiction, provided the lessee has no general place of jurisdiction in Germany or moves their residence or habitual abode abroad after the contract is concluded, or their residence or habitual abode is not known at the time the lawsuit is filed, or the lessee is a merchant or a person equated under § 38 Para. 1 ZPO.

20. Final Provisions

All agreements must be in writing. Should individual provisions of these terms and conditions be or become invalid, this invalidity shall have no influence on the other points. The invalid provisions must be reinterpreted so that their purpose can be fulfilled in an effective manner. Mandatory regulations remain unaffected and are agreed as such.