General Terms and Conditions

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GENERAL - RENTAL TERMS

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of Frieda's Camper GmbH, Blumentalstr. 151 – 155, 47803 Krefeld

1. Scope and exclusivity of these General Rental Conditions

1.1 Legal transactions with us, Friedas Camper GmbH, Hülser Str. 706b, 47803 Krefeld, concerning the subject matter of the contract specified below in 2 of these General Rental Terms shall be governed exclusively by the General Rental Terms set out here. On conclusion of the contract, the contracting party declares its agreement to their exclusive application.

1.2 We hereby expressly object to any deviating, conflicting or supplementary general rental terms and general terms and conditions (Allgemeine Geschäftsbedingungen) and do not recognise their validity. Such deviating, conflicting or supplementary general rental terms and general terms and conditions of the contracting party shall not become part of the contract even if we are aware of them, unless we expressly agree to their application in writing.

2. Subject matter of the contract

2.1 The subject matter of the contract is the provision for use of a motorhome or camper van (Wohnmobil or Reisemobil) (“Vehicle”) for travel in Europe (see details in 12. of these General Rental Terms) for private purposes.

2.2 The Lessor does not conclude contracts with entrepreneurs (Unternehmer) for the provision of vehicles for use.

2.3 The Lessee owes the rent (Mietzins) together with further charges for separately booked or arranged additional services, in particular insurance premiums.

2.4 In accordance with the applicable general conditions for motor vehicle insurance (Allgemeine Bedingungen für die Kraftfahrtversicherung, AKB), the Vehicle is covered by third-party liability insurance with cover for property damage and financial loss, for

In accordance with the principles of partial or fully comprehensive cover (Teil- bzw. Vollkaskoschutz) with a deductible (Selbstbehalt) per claim in the amount agreed in the rental contract, there is a release from liability (Haftungsfreistellung), unless the conditions provide for full liability of the Lessee.

2.5 The Lessor provides the Lessee with the Vehicle specified in the contract (specific obligation, Stückschuld). The Lessee has no claim to another vehicle of the same kind and quality. The Lessor is entitled unilaterally to allocate another vehicle, provided that it is at least equivalent in kind and quality.

3. Replacement vehicle

3.1 The Lessee may refuse to accept an at least equivalent vehicle as performance in accordance with the contract, insofar as legitimate interests stand in the way.

3.2 The Lessor shall refund the resulting price difference if the Lessee accepts a replacement vehicle available from the Lessor in a smaller vehicle category than originally agreed.

3.3 Incidental costs incurred by the Lessee as a result of a replacement vehicle, in particular parking, ferry or toll charges as well as operating costs, shall be borne by the Lessee.

3.4 The Lessor may refuse to provide a replacement vehicle if the Vehicle is destroyed through the fault of the Lessee or if it is foreseeable that use will be restricted or become impossible due to a circumstance for which the Lessee is responsible. Termination by the Lessee under 543 para. 2 no. 1 BGB is excluded in this case.

3.5 By presenting the available vehicles or other descriptions of services, the Lessor invites the Lessee to submit an offer in the legal sense (so-called invitatio ad offerendum). By sending the signed motorhome rental contract in the original or as a scan, the Lessee submits a binding offer to conclude the rental contract on the terms stated in the rental contract. The Lessor may accept the offer by sending the signed rental contract to the Lessee in the original or as a scan, or by otherwise confirming the conclusion of the contract to the Lessee within seven days, or by performing its obligations under the contractual offer towards the Lessee.

3.6 Our publicly presented services do not constitute an offer to conclude a contract, but merely an invitation to submit offers to us.

3.7 Contractual arrangements may be made exclusively by the managing director (Geschäftsführer). Other vicarious agents (Erfüllungsgehilfen) do not have the corresponding authority to make, amend or cancel contractual agreements.

4. Rental price

4.1 Subject to any other individual agreement, the individually agreed rental price applies per night.

4.2 The Lessee undertakes to make an additional payment of €5.00 per hour or part thereof if the rental period is exceeded by more than 30 minutes without agreement. In addition, there is compensation for use (Nutzungsentschädigung) based on the agreed rent, see 22.3 of these General Rental Terms. The Lessor may assert a separate, further claim for damages.

4.3 The rental price includes value added tax (Umsatzsteuer) at the applicable statutory rate, insofar as this is incurred.

4.4 The Lessee may travel 250 kilometres with the Vehicle per rental night at no extra charge. Subject to any deviating individual agreement, the Lessor shall invoice distances exceeding this mileage separately at €0.80 per kilometre.

4.5 Optional additional services subject to a charge may be agreed in addition to the rental price.

4.6 In the case of a fixed-term tenancy (see 22.1 of these General Rental Terms), 30% of the total rental price, but at least €200.00, is due on booking as a down payment (Anzahlung) within five (5) bank working days after conclusion of the contract. The remaining amount is due eight (8) weeks before the start of the rental. If the booking is made less than eight (8) weeks before the start of the rental, the rent is due in full within five (5) bank working days after receipt of the booking confirmation.

4.7 The Lessor may refuse to hand over the rental vehicle if the rental price has not been received by it in full.

5. Rental security / deposit (Kaution)

5.1 The Lessee undertakes to lodge a rental security (Mietsicherheit) / deposit with the Lessor. The amount is normally €1,500.00; depending on the vehicle, however, a higher rental security / deposit may also be agreed individually in individual cases.

5.2 The rental security must be paid either in advance by bank transfer from the main Lessee’s account, by a credit card in the Lessee’s name, or in cash before the handover of the rental vehicle. The Lessor does not accept other payment methods, in particular debit cards. In any event, the rental vehicle will only be handed over once the rental security has been received by the Lessor in full and at its free disposal.

5.3 The Lessor may refuse to hand over the rental vehicle if the rental security has not been paid in full or not paid correctly and is also not brought in cash at the handover.

5.4 The Lessor may set off claims arising from the rental relationship against the claim for repayment of the deposit.

5.5 The Lessor may retain the rental security in an appropriate amount until the existence and amount of claims against the Lessee have been established.

5.5.1 The amount of the retained portion of the rental security corresponds to the amount of the claims asserted by the Lessor.

5.5.2 The existence and amount of the claims are established as soon as the claims, including their amount, are undisputed between the contracting parties or have been determined by a court.

5.5.3 The right of retention (Zurückbehaltungsrecht) exists for up to three (3) months from the time of return of the rental property, unless the Lessor has asserted existing claims against the Lessee that require security.

5.6 The Lessor shall refund the rental security after proper return and the final settlement, with deductions where applicable. The Lessor shall demand any costs to be objected to, as well as claims of the Lessor against the Lessee, at the return of the Vehicle or offset them against the deposit, provided they are already known. The Lessor may invoice the Lessee for costs of repair or replacement caused by damage to the Vehicle, accessories and / or fittings on the basis of a cost estimate and / or retain them from the deposit.

5.7 Even after the Vehicle has been returned free of defects, the refund of the rental security by bank transfer may take up to 10 working days.

5.8 The Lessee may additionally insure the deposit through the Lessor. This is not yet included in the rental price. The Lessee may book this separately through the Lessor.

5.9 The Lessor is not required to pay interest on the rental security.

6. Place and time of handover and return

6.1 Handover and return take place during the Lessor’s business hours, Monday to Friday, at the Lessor’s registered office in Krefeld, unless otherwise agreed (e.g. by statement in the offer of the Vehicle on the internet or in the rental contract).

6.2 Unless otherwise agreed, handover takes place no earlier than 14:00 and return between 10:00 and 12:00. For the return, the Lessee must book a free return slot within this time window and hand over the Vehicle to the Lessor for inspection in good time.

6.3 An earlier handover or a later return can be booked against payment of half the rental price (rental price per night). The Lessee has no claim to the Lessor’s consent to this.

6.4 In the event of late return without prior arrangement within the meaning of paragraph 7.3, the Lessee owes the Lessor the average rental price per night for each night of late return. On the first day, if the return time is exceeded by at least one hour, the Lessor may refuse to take back the Vehicle on that day. The Lessee then continues to bear the risk of loss or damage to the Vehicle (Sachgefahr) and owes the average rental price per night for a further night.

7. Condition of the Vehicle on collection and return by the Lessee

7.1 Before taking over the Vehicle, the Lessee receives an introduction to its operation. At the Lessor’s option, the introduction is given in person or in the form of an introductory video.

7.2 The Lessor hands over the Vehicle inside and outside in a roadworthy and cleaned condition. The waste water tank is emptied, and the toilet cassette emptied and rinsed.

7.3 The Vehicle must be returned in the same condition as at handover, unless a deviating agreement has been made between the parties at least in text form (Textform).

The Vehicle must be cleaned to a broom-clean standard (besenrein).

7.4 The Lessee must return the Vehicle with the same fuel level as when received. Other auxiliary and operating materials, such as oil or AdBlue, must also be refilled at the Lessee’s own expense; in doing so, the manufacturer’s specifications must be observed.

7.5 On takeover and return, the parties each draw up a report (Protokoll). The Lessee undertakes to inspect the Vehicle as part of the takeover at the start of the rental. If damage or defects are found, the Lessor will record them in the start-of-rental report.

7.6 The Lessor will inspect the Vehicle on its return at the end of the rental. The Lessor will record damage or defects in the end-of-rental report. In doing so, the Lessor owes only a visual inspection. Hidden damage or defects which are not evident to the Lessor during the visual inspection on return and are therefore not recorded in the end-of-rental report shall not be deemed accepted.

8. Vehicle dimensions and weight

8.1 The Lessee is obliged to ascertain the dimensions of the Vehicle before starting the journey. The details in the vehicle registration document (Fahrzeugschein) sometimes do not reflect the actual dimensions.

8.2 It is advisable to check on a weighbridge before departure whether the permissible gross vehicle weight has been complied with. The Lessee is solely responsible for exceeding the weight limit.

9. Personal requirements

9.1 Lessees and registered drivers must be at least 18 years old and hold a class B driving licence valid in the Federal Republic of Germany or a foreign equivalent. Lessees must have a bank account in their own name from which payments under this rental contract are made to the Lessor.

9.2 Only drivers named as such in writing in the contract and / or in the start-of-rental report may drive the Vehicle. At handover, they must present a valid identity card / passport and driving licence within the meaning of the previous paragraph. The Lessor is entitled to make copies of the documents presented. If the original driving licence cannot be presented either at the agreed time of handover or within a reasonable additional period, the Lessor is entitled to rescind the contract (Rücktritt).

10. General duties of care and diligence of the Lessee

10.1 The Lessee is generally obliged to check the Vehicle for roadworthiness and damage before each journey. The Lessee must notify the Lessor of damage or defects without undue delay (unverzüglich) in text form.

10.2 From the time of handover, the Lessee is obliged to treat and use the Vehicle as a reasonable owner mindful of preserving its value would do.

10.3 The Lessee is liable to the extent provided by law for all financial losses of the Lessor arising from a culpable breach of the Lessee’s general duties of care and diligence and / or those existing under the rental contract including these General Rental Terms. In the event of insured events, the Lessor is obliged first to claim under the fully comprehensive or partial vehicle insurance (Voll- oder Teilkaskoversicherung). Benefits paid by the insurance reduce the Lessee’s liability for damages.

11. Specific duties of conduct of the Lessee

11.1 Use of the Vehicle is only permitted within the territory of geographical Europe within the European Union (excluding Cyprus), Norway, Switzerland, Croatia, Liechtenstein, the United Kingdom, Andorra, San Marino, Albania and Monaco. Outside these borders there is no insurance cover under the motor vehicle insurance (in particular fully comprehensive cover).[LW|FG1] [LW|FG10]

If the Lessee wishes to use the Vehicle in other countries and territories, the express, prior, written consent of the Lessor is required. In any event, the Vehicle may not be moved into countries subject to EU trade restrictions, currently in particular Russia and Belarus. The Vehicle may not be moved into war regions.

If there is war in one part of a country, the Vehicle may not be moved into the rest of the country concerned either.

11.2 If the Lessee does not comply with the conditions of use agreed in the following sections of these General Rental Terms, there is a breach of duty by the Lessee in the use of the Vehicle:

11.2.1 The Vehicle may only be used on routes officially dedicated as roads and asphalted or paved, or on such parking areas. Other surfaces are only permitted on supervised campsites.

11.2.2 Participation in special events, off-road driving, driver training, racing events and similar uses is prohibited.

11.2.3 The transport of highly flammable, toxic or otherwise dangerous substances, or of substances covered by the Narcotics Act (Betäubungsmittelgesetz), is prohibited. The camping gas in the Vehicle at takeover is excepted from this.

11.2.4 Any use in connection with the commission of criminal offences or customs and tax offences is prohibited.

11.2.5 Use of the Vehicle is not permitted if the respective driver does not hold a valid driving licence recognised in Germany, is subject to a driving ban, or has had their driving licence (provisionally) withdrawn.

11.2.6 Use of the Vehicle is not permitted if, as a result of consuming alcoholic beverages or other intoxicating substances, the driver is unable to drive the Vehicle safely (driver unfit to drive).

11.2.7 Smoking is not permitted in the Vehicle. Animals are prohibited in the Vehicle unless there is a deviating agreement in text form.

11.2.8 In the event of damage / accidents, the damage situation must be documented comprehensively, the Lessor informed without undue delay and, in the case of damage caused by third parties or affecting the interests of third parties, the police called in.

11.2.9 If anomalies occur (e.g. warning lights), the Lessor and, where applicable, the Vehicle manufacturer’s customer service must be consulted.

11.2.10 Water may only be fed into the fresh water tank from safe sources. There is no drinking water in the Vehicle.

11.2.11 No sewage may be fed into the grey water tank (including cooking water from broccoli, grill-grate cleaning, fish, etc.).

11.2.12 When reversing, a banksman standing outside the Vehicle must always be called in.

11.2.13 It is not permitted to drive faster than 130 km/h [LW|FG2].

11.2.14 Attachments and equipment must be completely dismantled or stowed and / or securely fastened before the start of the journey. If the respective part was not attached or assembled when the Vehicle was taken over at the start of the rental, in case of doubt it restricts roadworthiness.

11.2.15 When leaving the Vehicle, the windows and the Vehicle (including the body) must be locked and any awning retracted. The awning must also be retracted at night. The Lessee shall ensure that the Vehicle is parked safely and is not exposed to any risk of damage (in particular through vandalism, natural forces, theft) (e.g. in supervised car parks or campsites).

11.2.16 At temperatures below freezing, the Vehicle must be heated at the minimum setting. Water-bearing parts can be damaged by frost; this applies in particular to waste water pipes and the grey water tank. In the event of frost, these must be kept free of water.

11.2.17 The Vehicle may not be washed in an automatic car wash or in self-service wash bays with hard brushes, as the bodywork, the paint and the plastic windows suffer as a result. Exterior cleaning may only be carried out by hand.

11.2.18 The Lessee may not make any technical modifications to the Vehicle.

11.2.19 The Lessee is not authorised to change the appearance of the Vehicle; this includes in particular paintwork, stickers and adhesive films.

11.2.20 The Lessee is not authorised to sublet the Vehicle.

11.2.21 The Lessee must become familiar with the operating instructions for the Vehicle. In particular, care must be taken that attachments do not cause damage (rear doors swinging open, damage from transported bicycles, etc.).

11.2.22 The Lessee must comply with the requirements set out in the manufacturer’s operating manual for the Vehicle, for example when the warning lights in the Vehicle (e.g. for oil level / oil pressure, water, temperature, brake wear or other) signal a problem.

11.2.23 In extreme weather conditions (e.g. hail, storm, flooding, heavy snowfall), the Lessee must secure the Vehicle appropriately against damage.

11.2.24 If there is concern about damage through vandalism, the Lessee must secure the Vehicle appropriately at their own expense, for example by parking it in a secure garage.

11.2.25 The Lessee must check the oil level of the engine and the ancillary units as well as the tyre pressure before starting each longer journey and, where necessary, adjust them correctly in accordance with the manufacturer’s specifications.

12. Defects / breakdown

12.1 In the event of a defect or breakdown, the Lessee must inform the Lessor of this without undue delay in text form, in order to arrange any repairs or to give tips on restoring the Vehicle to working order. If the Lessor cannot be reached, the Lessee must call / contact the breakdown cover (Schutzbrief) partner on the telephone number stated in the breakdown cover document [LW|FG3].

to engage and to inform the Lessor subsequently without undue delay. If notification is not given, the Lessee must compensate the Lessor for the resulting damage.

12.2 The Lessee may have repairs carried out that are absolutely necessary for use, up to €100 per individual case, and will be reimbursed for these on presentation of receipts, provided that the Lessee has previously tried, unsuccessfully and verifiably, to reach the Lessor; in the case of a replacement, presentation of the replaced part is additionally required. This right does not exist if the cause of the defect / breakdown originates from the Lessee’s sphere. The Lessee’s own work is not remunerated.

12.3 The Lessor’s claim to the rental price is reduced by 1/24 of the rent per night for each hour in which fitness for use is considerably impaired. This does not apply if the cause of the defect / breakdown is based on conduct of the Lessee or conduct attributable to the Lessee, for example that of the Lessee’s fellow travellers. The Lessee waives all further claims unless grossly negligent or intentional conduct of the Lessor is the cause of the technical defect.

13. Vehicle insurance

13.1 Every vehicle has third-party liability insurance as well as partial or [LW|FG4] fully comprehensive insurance (teil- oder vollkaskoversichert). Insofar as stated below, the insurance is included in the rental price:

13.1.1 The Lessee’s deductible (Selbstbeteiligung) for damage is €1,500 under fully comprehensive insurance and €500 under partial comprehensive insurance, in each case per claim. The insurance conditions are handed over together with the rental contract. In the case of liability claims, liability is limited to €1,500 per claim in accordance with the more detailed provisions of these AMB (General Rental Terms).

13.1.2 In the motor vehicle third-party liability insurance, the sum insured is €100 million for personal injury, property damage and financial loss (max. €12 million per person).

13.2 If the Lessee wishes to have extended insurance cover, the Lessee must obtain it at their own expense. The Lessor may arrange offers for this, without being obliged to do so.

14. Lessee's liability

14.1 In the event of damage caused by the Lessee, the Lessee’s fellow travellers or other persons attributable to the Lessee, the Lessee is liable in accordance with the statutory provisions, unless these General Rental Terms provide otherwise.

14.2 All Lessees included in the rental contract are jointly and severally liable (gesamtschuldnerisch).

14.3 Within the scope of the Lessee’s duties of care and diligence towards the Lessor for the rented Vehicle (those generally applicable as well as those under 11 of these General Rental Terms), the Lessee is also responsible for the fault of the Lessee’s co-drivers and passengers as well as fellow travellers. A passenger and fellow traveller is anyone who is in or on the Vehicle with the knowledge and consent of the Lessee.

14.4 The above limitations of liability in favour of the Lessee do not apply to intentionally caused damage. For damage caused by gross negligence, the Lessee is liable in an amount corresponding to the severity of the fault, up to a maximum of the total damage. In the event of a breach of Lessee obligations explicitly mentioned in these conditions, intent is presumed. The Lessee bears the burden of exculpatory proof (Entlastungsbeweis). In the case of gross negligence, the Lessee bears the burden of proof for a lesser degree of responsibility (Vertretenmüssen). The limitation of liability does not lapse if the breach of the contractual obligation has no influence on the occurrence of the damage or on the determination of the damage or on the conditions for granting the limitation of liability, except in the case of fraudulent conduct.

14.5 Excluded from the limitation of liability and not covered by insurance (including all resulting consequential damage) are in particular:

damage resulting from conduct under the influence of alcohol,
damage to camping equipment,
damage to the interior,
damage to add-on parts such as awning, bicycle rack, tow bar, satellite TV and solar system,
damage resulting from gear-shifting errors (e.g. “wrong gear”),
misfuelling (petrol instead of diesel, diesel instead of petrol, fuel in the water tank),
operational damage (Betriebsschäden), such as from a tyre blowout caused by external influences,
improper use, such as driving on unpaved roads,
damage caused by cargo,
damage occurring when using ferries or car trains,
loss of rental income (Mietausfallschaden) and
diminution in market value (merkantiler Minderwert).

14.6 If the Lessee’s conduct after a road traffic accident (for example leaving the scene of an accident), or the Lessee’s conduct which caused the damage (for example a breach of the conditions of use under 12 of these General Rental Terms or any other breach of duty / obligation (Obliegenheitsverletzung) by the Lessee), results in the fully comprehensive or partial vehicle insurance in place for the Vehicle being able to invoke, in whole or in part, exemption from liability to pay (Leistungsfreiheit) towards the Lessor under the provisions of the Insurance Contract Act (Versicherungsvertragsgesetz, VVG), the Lessee is liable for all financial losses of the Lessor to the extent provided by law, insofar as these are not covered by an insurance payment. The Lessee must inform themselves about the insurance conditions before the start of the rental. The Lessee has corresponding rights to information against the Lessor.

14.7 The Lessee permits the Lessor to invoice the net repair costs on the basis of a cost estimate from a specialist workshop or by its own specialist staff using standard software for calculating damage (e.g. SilverDAT).

14.8 The Lessee is advised that taking out supplementary insurance for partial or full reimbursement of the deductible is advisable.

14.9 The Lessee does not have to compensate for damage insofar as, in the case of fault by others, third parties provide compensation for the damage. In this case, the Lessor must be informed of such a claim in text form without undue delay and the police must be called in.

14.10 In the event of theft / embezzlement (Unterschlagung), liability is reduced to €2,500.

15. Repair

15.1 In the event of damage to the rental property, the Lessor reserves the right to determine the specialist workshop carrying out the repair.

15.2 The Lessee may not remedy damage that occurs to the rental property during the rental period by means of a repair carried out by the Lessee or by others without the prior consent of the Lessor, unless a case under 13.2 of these General Rental Terms applies.

15.3 If the Lessor carries out the repair of damage itself or through its own employees, an hourly rate per hour worked and per person of €119.00 incl. VAT is hereby agreed as appropriate compensation, which the Lessee must reimburse to the Lessor.

16. Lump-sum damages and processing fees

16.1 For the following frequently occurring types of vehicle damage, insofar as the Lessee is responsible for them, the Lessee and the Lessor agree a flat-rate retention from the deposit in the amount stated (the retention applies per damage):

€350 per defective exterior mirror
€100 per heavily soiled seat

16.2 For processing damage of any kind caused by the Lessee during the rental period which has to be handled by the Lessor, the Lessor charges a handling fee of €54.00 incl. VAT per claim.

16.3 For processing penalty charges or warning or administrative fines caused by the Lessee, in particular “speed camera photos” and “tickets” for illegal parking, the Lessor charges a handling fee of €44.00 incl. VAT per case.

16.4 In each individual case and for each item of damage, the Lessee is in each case entitled to prove that the damage was lower.

17. Assignment of claims against third parties

17.1 With effect from the time at which all of the Lessor’s claims for damages have been satisfied by the Lessee, the Lessor assigns to the Lessee, for the purpose of enforcement, all claims for damages to which the Lessor may be entitled against third parties.

18. Recording of accidents / damage

18.1 In the event of road traffic accidents (including those without third-party involvement), fire, damage caused by game animals (Wildschäden), property offences, burglary or criminal damage to the Vehicle, the Lessee is obliged to call in the local police without undue delay and to ensure that the course of the accident or damage is recorded, filing criminal complaints (Strafanträge) for all offences that may be considered, to notify the Lessor without undue delay and to send the Lessor a detailed accident report (template e.g. at [https://www.kfz-auskunft.de/info/unfallbericht.pdf](https://www.kfz-auskunft.de/info/unfallbericht.pdf)) with an attached accident sketch, at least in text form, no later than the end of one week after the damaging event.

18.2 In the event of accidents involving third parties, the Lessee is also obliged to inform the Lessor in text form without undue delay of the registration numbers of the vehicles involved and their liability insurers, as well as the names and addresses of the drivers and the witnesses.

19. Loss of vehicle documents or keys

19.1 In the event of loss of vehicle documents or a key, the Lessee is obliged to bear the costs of obtaining replacements and to compensate the Lessor for the associated time and other expenditure, insofar as the Lessee is responsible for the respective loss.

19.2 The Lessee undertakes to compensate the Lessor for the time spent at a rate of €119.00 incl. VAT per hour. This amount is hereby agreed as appropriate. The Lessee remains entitled to minimise the Lessor’s expenditure through the Lessee’s own work.

20. Special travel costs and penalties of the Lessee

20.1 Road usage and parking charges as well as warning fines (Verwarngelder), penalty charges and administrative fines (Bußgelder) shall be borne by the Lessee. If the Lessor settles them vis-à-vis third parties, the Lessee must reimburse them to that extent in each case on first demand. The Lessor may set them off against the Lessee’s claim for repayment of the deposit.

20.2 Compliance with road traffic laws when operating the Vehicle and participating in public road traffic in Germany and abroad is solely the responsibility of the Lessee. Insofar as the Lessor pays penalties / charges for violations, the Lessee must reimburse them to the Lessee on first demand. If driver liability applies in the respective country in the event of traffic violations, the Lessor will not pay the respective fine, but will name the Lessee as the driver to the requesting authority, together with the Lessee’s address for service (ladungsfähige Anschrift).

21. Termination, cancellation, impossibility

21.1 If a date for the return of the Vehicle has been specified (fixed-term tenancy), the agreed rental period is binding on both parties. It can only be extended or shortened by mutual agreement. Termination (Kündigung) or cancellation (Stornierung) of the contract is excluded for both parties, except where there is good cause (wichtiger Grund) within the meaning of 543 BGB; consumer rights of withdrawal (Widerrufsrechte) remain unaffected by this. In the event of termination without notice for good cause, the Lessee remains obliged to pay the agreed rent up to the time of termination. In this case the parties mutually waive all further claims that may exist, in particular damages including compensation for consequential damage caused by defects (Mangelfolgeschäden). This waiver does not apply if the Lessor is responsible for the good cause through gross negligence or intent. This waiver likewise does not apply if the Lessee is responsible for the good cause.

21.2 Contrary to 545 BGB, the tenancy is not automatically extended if the Lessee continues to use the rental property after the end of the rental period. In the event of late return, the Lessor may demand compensation from the Lessee in accordance with 546a para. 1 BGB in the amount of the agreed rental price. The assertion of further damage is not excluded in accordance with 546a para. 2 BGB.

21.3 In the event of an unjustified cancellation which is not, for example, an effective rescission (Rücktritt) or consumer withdrawal (Verbraucher‑Widerruf) [LW|FG5], the Lessor will, as a gesture of goodwill (Kulanz), make a refund to the Lessee, whereby the Lessor is entitled to the following share of the rental price including agreed additional services:

up to 50 days before the start of the trip: 30% of the rental price
from the 49th to the 15th day before the start of the trip: 75% of the rental price
from the 14th to the 2nd day before the start of the trip: 90% of the rental price
from 24h before collection or if the Vehicle is not taken over at the agreed start of the rental: 100% of the rental price

21.4 The Lessor is released from the obligation to perform the contract if, after conclusion of the contract, the provision of the Vehicle in accordance with the contract becomes impossible without any fault on the Lessor’s part and if, in addition, timely repair or replacement before handover is not possible with reasonable effort.

21.5 The Lessor is in particular not at fault if, before the start of the rental period, the Vehicle has been damaged by a road traffic accident or as a result of force majeure in natural events to such an extent that it is no longer fit for use. The effort for a repair or replacement is unreasonable in particular if, taking into account the rental period, the agreed total rental price and the requirements of good faith (Treu und Glauben), the effort is grossly disproportionate to the Lessee’s interest in performance. In the event of cancellation by the Lessor without replacement, the Lessor will refund the rental price already paid to the Lessee. In this case the Lessee waives further claims against the Lessor, unless the Lessor is guilty of gross negligence or intent.

21.6 The Lessee has the right to terminate the contract against reimbursement of any down payments or to demand an appropriate reduction if the Lessor does not provide an at least equivalent vehicle in time for the agreed start of the rental. This right of termination of the Lessee is excluded if the provision is only insignificantly delayed.

21.7 In the event of a road traffic accident during the rental period that is not the fault of the Lessee and which substantially restricts the Vehicle’s fitness for use, both parties are entitled to terminate the contract without notice in text form. In this case, too, the Lessee remains obliged to pay the agreed rent up to the time of termination.

21.8 If, after the Lessee has taken over the Vehicle, technical defects not caused by an accident occur in the Vehicle which substantially restrict its fitness for use and for which the Lessee is not responsible, both parties are entitled to terminate the contract without notice with immediate effect, unless it is possible to remedy the defect at short notice by a repair. In this case, too, the Lessee remains obliged to pay the agreed rent up to the time of termination.

In this case, too, the Lessee remains obliged to pay the agreed rent up to the time of termination.

21.9 The Lessee is advised that taking out travel cancellation insurance (Reiserücktrittsversicherung) is advisable. Lessees can book this separately through the Lessor.

22. Duties of care and liability of the Lessor

22.1 The Lessor is obliged to demand settlement from the relevant vehicle insurers of all vehicle damage constituting an insured event, insofar as this does not appear uneconomical or obviously futile.

22.2 The Lessor gives no warranty for the suitability of the Vehicle beyond its usual roadworthiness in accordance with the contract, unless otherwise agreed in writing.

22.3 In the event of a breach of contractual and / or non-contractual obligations, the Lessor is liable in accordance with the statutory provisions, unless otherwise agreed in these General Rental Terms. The Lessor’s no-fault liability (verschuldensunabhängige Haftung) is excluded. The Lessor is liable for damages – irrespective of the legal grounds – in the case of intent and gross negligence. In the case of simple negligence, the Lessor is only liable for damage resulting from injury to life, body or health, for damage resulting from the breach of an essential cardinal obligation (Kardinalpflicht) (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the other party regularly relied and was entitled to rely). In the latter case, the Lessor’s liability is limited to compensation for the foreseeable damage that typically occurs.

22.4 The limitations of liability resulting from the preceding paragraph do not apply insofar as the Lessor has given a guarantee or has fraudulently concealed a defect.

22.5 The Lessor is not liable for items brought into the Vehicle by the Lessee, such as luggage, cameras or bicycles. In the event of road traffic accidents, the Lessor is obliged to provide the Lessee in text form with all data required to enforce the Lessee’s claims for damages or compensation for pain and suffering (Schmerzensgeld) against the other parties to the accident; this also applies to corresponding claims of the Lessee’s passengers and fellow travellers.

23. Consumer withdrawal

23.1 Information:

23.1.1 You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

23.1.2 The withdrawal period is fourteen (14) days from the day on which the contract is concluded.

23.1.3 To exercise your right of withdrawal, you must inform us (Friedas Camper GmbH, Hülser Str. 706b, 47803 Krefeld, +49 2151 8955504, info@friedascamper.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

23.1.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

23.2 Consequences of withdrawal

23.2.1 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.

23.2.2 If you requested that the services begin during the withdrawal period, you shall pay us a reasonable amount which corresponds to the proportion of services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract, in comparison with the full scope of services provided for in the contract

23.3 The Lessee agrees to the Lessor performing the contract before the end of the withdrawal period, waiving any consumer rights of withdrawal that then still exist.

24. Data protection

24.1 The Lessee agrees that the Lessor stores the Lessee’s personal data.

24.2 The Lessor may pass on this data to third parties who have a legitimate interest if the information provided when renting is incorrect in material respects, or if the rented Vehicle is not returned within two (2) hours after the end of the rental period (as extended, where applicable), or if rental claims have to be asserted in court dunning proceedings (Mahnverfahren). In addition, the data may be forwarded to all authorities responsible for prosecuting administrative offences and criminal offences, or to their authorised representatives, in the event that the Lessee has actually acted dishonestly or there are sufficient indications of this. This occurs, for example, in the event of false information for the rental, presentation of false or reported-lost identity documents, non-return of the Vehicle, failure to report a technical defect, traffic violations, and the like.

24.3 Before conclusion of the contract, information on the Lessee’s risk of payment default may be obtained. The prospective lessee / Lessee gives consent to this. For this purpose we may transmit names and contact details to Creditreform. You can obtain further information on data processing at Creditreform in the detailed information sheet “Creditreform information pursuant to Art. 14 EU GDPR (EU‑DSGVO)”. In the event of a negative result, we reserve the right not to conclude any (further) rental contracts with the prospective customers / customers concerned.

24.4 The vehicles may be equipped with a GPS system for theft monitoring. The Lessor reserves the right to immobilise the Vehicle remotely and to pass on the traffic data to relevant third parties and authorities in the event of suspicion.

24.5 Friedas Camper GmbH and its partner Borgmann Nutzfahrzeuge may contact the customer by letter, e-mail / SMS once per calendar year with an offer for the purchase of a new or used motorhome and once per calendar year with a rental offer, i.e. for their own goods and services. You can withdraw this consent at any time and without giving reasons. To do so, send an e‑mail to info@friedascamper.de.

24.6 Friedas Camper GmbH may use images provided by the Lessees for advertising purposes. This also includes images that were taken by Friedas Camper GmbH with the Lessees at the handover or return of the Vehicle and in which the Lessees can be recognised. You can withdraw this consent at any time and without giving reasons. To do so, send an e‑mail to info@friedascamper.de.

25. Final provisions

25.1 Several Lessees form a community of lessees (Mietergemeinschaft). Each Lessee has identical rights and obligations.

25.2 Arrangements or declarations made only orally, without at least confirmation in text form by e-mail, SMS, WhatsApp or Telegram, are in any event without legal effect.

25.3 The Lessee may only transfer or assign rights under the rental contract to other persons with the express, prior, written consent of the Lessor.

25.4 The parties agree that German law shall apply to their mutual legal relations arising from and in connection with the rental contract and these General Rental Terms.

25.5 In the event that the Lessee has no general place of jurisdiction (allgemeiner Gerichtsstand) in Germany, the parties agree that German courts shall have jurisdiction to decide legal disputes arising from or in connection with the rental contract or these General Rental Terms. The competent court shall be the court at which the Lessor has its general place of jurisdiction, unless the local court (Amtsgericht) in whose district the rental property is located has exclusive jurisdiction.

New Vehicles - Conditions of Sale
(Motor Vehicles and Trailers)

Last updated: {current_date: F Y}

I. Conclusion of contract/Transfer of rights and obligations of the Buyer

The Buyer is bound by the order for a maximum of three weeks, or in the case of commercial vehicles up to six weeks. This period is reduced to 10 days (in the case of commercial vehicles to 2 weeks) for vehicles that are available at the Seller's premises. The purchase contract is concluded when the Seller confirms in text form the acceptance of the order for the item of purchase (Kaufgegenstand) specified in more detail within the respective periods stated, or carries out the delivery. However, the Seller is obliged to inform the person placing the order (Besteller) without undue delay if it does not accept the order.
Transfers of rights and obligations of the Buyer under the purchase contract require the consent of the Seller in text form. This does not apply to a monetary claim of the Buyer against the Seller. For other claims of the Buyer against the Seller, the prior consent of the Seller is not required if the Seller has no interest worthy of protection in an exclusion of assignment or if legitimate concerns of the Buyer regarding the assignability of the right outweigh the Seller's interest worthy of protection in an exclusion of assignment.

II. Prices

Regulatory texts omitted.

III. Payment

The purchase price and prices for ancillary services are due for payment upon handover of the item of purchase and delivery or dispatch of the invoice.
The Buyer may only set off against claims of the Seller if the Buyer's counterclaim is undisputed or a legally binding title exists. Counterclaims of the Buyer arising from the same purchase contract are excepted from this. The Buyer may only assert a right of retention insofar as it is based on claims arising from the same contractual relationship.

IV. Delivery and delay in delivery

Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be stated in text form. Delivery periods begin with the conclusion of the contract.
Six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, the Buyer may request the Seller to deliver. This period is reduced to 10 days (in the case of commercial vehicles to two weeks) for vehicles that are available at the Seller's premises. Upon receipt of the request, the Seller is in default (Verzug). If the Buyer is entitled to compensation for damage caused by default, this is limited, in the case of slight negligence on the part of the Seller, to a maximum of 5% of the agreed purchase price.
If the Buyer additionally wishes to withdraw from the contract and/or claim damages in lieu of performance (Schadensersatz statt der Leistung), he or she must, after expiry of the relevant period pursuant to point 2, sentence 1 or 2 of this section, set the Seller a reasonable period for delivery. If the Buyer is entitled to damages in lieu of performance, the claim is limited, in the case of slight negligence, to a maximum of 25% of the agreed purchase price. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his or her commercial or independent professional activity when concluding the contract, claims for damages in lieu of performance are excluded in the case of slight negligence. If delivery becomes impossible by chance while the Seller is in default, the Seller is liable subject to the limitations of liability agreed above. The Seller is not liable if the damage would also have occurred in the event of timely delivery.
If a binding delivery date or a binding delivery period is exceeded, the Seller is already in default as soon as the delivery date or delivery period is exceeded. The rights of the Buyer are then determined in accordance with point 2, sentence 4 and point 3 of this section.
The limitations and exclusions of liability in this section do not apply to damage based on a grossly negligent or intentional breach of duties by the Seller, its legal representative or its vicarious agent, or in the case of injury to life, body or health.
Force majeure or operational disruptions occurring at the Seller's premises or at those of its suppliers which temporarily prevent the Seller, through no fault of its own, from delivering the item of purchase on the agreed date or within the agreed period shall change the dates and periods stated in points 1 to 4 of this section by the duration of the disruptions to performance caused by these circumstances. If such disruptions lead to a postponement of performance of more than four months, the Buyer may withdraw from the contract. Other rights of withdrawal remain unaffected by this.
Changes in design or form, deviations in colour shade and changes to the scope of delivery on the part of the manufacturer remain reserved during the delivery period, provided that the changes or deviations are reasonable for the Buyer, taking into account the interests of the Seller. If the Seller or the manufacturer uses symbols or numbers to designate the order or the item of purchase ordered, no rights can be derived from this alone.

V. Acceptance

The Buyer is obliged to take delivery of (abnehmen) the item of purchase within 14 days of receipt of the notice of readiness (Bereitstellungsanzeige).
In the event of non-acceptance, the Seller may exercise its statutory rights. If the Seller claims damages, these amount to 15% of the purchase price. The damages are to be set higher or lower if the Seller proves higher damage or the Buyer proves that lower damage or no damage at all has been incurred.

VI. Retention of title

The item of purchase remains the property of the Seller until the claims to which the Seller is entitled under the purchase contract have been settled. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his or her commercial or independent professional activity when concluding the contract, the retention of title also remains in place for claims of the Seller against the Buyer arising from the ongoing business relationship until the settlement of claims to which the Seller is entitled in connection with the purchase. At the Buyer's request, the Seller is obliged to waive the retention of title if the Buyer has incontestably fulfilled all claims connected with the item of purchase and appropriate security exists for the remaining claims arising from the ongoing business relationships. For the duration of the retention of title, the right to possession of the registration certificate Part II belongs to the Seller.
If the Buyer does not pay the due purchase price and prices for ancillary services, or does not pay them in accordance with the contract, the Seller may withdraw from the contract and/or, in the event of a culpable breach of duty by the Buyer, claim damages in lieu of performance if it has unsuccessfully set the Buyer a reasonable period for performance, unless setting a period is dispensable in accordance with the statutory provisions. If the Seller is entitled to damages in lieu of performance and takes the item of purchase back, the Seller and the Buyer agree that the Seller shall pay the usual sale value of the item of purchase at the time of its return. At the request of the Buyer, which can only be expressed without undue delay after the return of the item of purchase, a publicly appointed and sworn expert (öffentlich bestellter und vereidigter Sachverständiger), e.g. of Deutsche Automobil Treuhand GmbH (DAT), chosen by the Buyer, will determine the usual sale value. The Buyer bears the necessary costs of the return and realisation of the item of purchase. Without proof, the realisation costs amount to 5% of the usual sale value. They are to be set higher or lower if the Seller proves higher costs or the Buyer proves that lower costs or no costs at all have been incurred.
As long as the retention of title exists, the Buyer may neither dispose of the item of purchase nor contractually grant third parties use of it.

VII. Liability for material defects and defects of title

In accordance with the statutory provisions, claims of the Buyer for material defects and defects of title become time-barred two years after delivery of the item of purchase. By way of derogation from this, a limitation period of one year applies if the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his or her commercial or independent professional activity when concluding the contract.
The shortening of the limitation period in point 1, sentence 2 does not apply to damage based on a grossly negligent or intentional breach of duties by the Seller, its legal representative or its vicarious agent, or in the case of injury to life, body or health.
If, on the basis of the statutory provisions, the Seller is liable for damage caused by slight negligence, the Seller's liability is limited: liability exists only in the event of a breach of obligations essential to the contract (vertragswesentliche Pflichten), such as those which the purchase contract specifically intends to impose on the Seller according to its content and purpose or the fulfilment of which makes the proper performance of the purchase contract possible in the first place and on the observance of which the Buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the Seller's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Point 2 of this section applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
Irrespective of any fault on the part of the Seller, any liability of the Seller in the case of fraudulent concealment of a defect, arising from the assumption of a guarantee or a procurement risk, and under the Product Liability Act remains unaffected.
If a defect is to be remedied, the following applies:
1. Claims for the remedy of defects must always be asserted by the Buyer against the Seller. In the case of oral notification of claims, the Buyer shall be given a confirmation of receipt of the notification in text form.
2. Subsequent performance (Nacherfüllung) takes place at the Seller's premises or at the place determined by the Seller, unless the Seller and the Buyer agree otherwise. If the item of purchase becomes inoperable due to a material defect, the Buyer must contact the operational service business recognised by the manufacturer/importer for servicing the item of purchase that is nearest to the location of the inoperable item of purchase.
3. For parts installed to remedy defects, the Buyer may assert claims for material defects under the purchase contract until expiry of the limitation period of the item of purchase.
4. Replaced parts become the property of the Seller.
Insofar as the Buyer is a consumer within the meaning of § 13 BGB, the provisions of this section do not apply to material defects and defects of title in goods with digital elements as regards the digital elements; instead, the statutory provisions apply.

VIII. Liability for other claims

The statutory limitation periods apply to other claims of the Buyer which are not regulated in section VII. “Liability for material defects and defects of title”.
Liability for delay in delivery is conclusively regulated in section IV. “Delivery and delay in delivery”. For other claims for damages against the Seller, the provisions in section VII. “Liability for material defects and defects of title”, points 3 and 4 apply accordingly.
If the Buyer is a consumer within the meaning of § 13 BGB and the subject matter of the contract also includes the provision of digital content or digital services, whereby the new vehicle can fulfil its function even without these digital products, the statutory provisions of §§ 327 ff BGB apply to this digital content or these digital services.

IX. Place of jurisdiction

For all present and future claims arising from the business relationship with merchants, including claims arising from bills of exchange and cheques, the exclusive place of jurisdiction is the registered office of the Seller.
The same place of jurisdiction applies if the Buyer has no general place of jurisdiction in Germany, moves his or her domicile or habitual place of residence out of Germany after conclusion of the contract, or if his or her domicile or habitual place of residence is not known at the time the action is brought. Otherwise, in the case of claims of the Seller against the Buyer, the Buyer's domicile shall be deemed the place of jurisdiction.

X. Notice pursuant to § 36 Verbraucherstreitbeilegungsgesetz (VSBG) (Consumer Dispute Resolution Act)

The Seller will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

Used Vehicles - Conditions of Sale
(Motor Vehicles and Trailers)

Last updated: {current_date: F Y}

I. Conclusion of contract/Transfer of rights and obligations of the Buyer

The Buyer is bound by the order for a maximum of 10 days, or in the case of commercial vehicles up to 2 weeks. The purchase contract is concluded when the Seller confirms in text form the acceptance of the order for the item of purchase specified in more detail within the respective periods stated, or carries out the delivery. However, the Seller is obliged to inform the person placing the order without undue delay if it does not accept the order.
Transfers of rights and obligations of the Buyer under the purchase contract require the consent of the Seller in text form. This does not apply to a monetary claim of the Buyer against the Seller. For other claims of the Buyer against the Seller, the prior consent of the Seller is not required if the Seller has no interest worthy of protection in an exclusion of assignment or if legitimate concerns of the Buyer regarding the assignability of the right outweigh the Seller's interest worthy of protection in an exclusion of assignment.

II. Payment

The purchase price and prices for ancillary services are due for payment upon handover of the item of purchase and delivery or dispatch of the invoice.
The Buyer may only set off against claims of the Seller if the Buyer's counterclaim is undisputed or a legally binding title exists. Counterclaims of the Buyer arising from the same purchase contract are excepted from this. The Buyer may only assert a right of retention insofar as it is based on claims arising from the same contractual relationship.

III. Delivery and delay in delivery

Delivery dates and delivery periods, which may be agreed as binding or non-binding, must be stated in text form. Delivery periods begin with the conclusion of the contract.
Ten days, or in the case of commercial vehicles two weeks, after a non-binding delivery date or a non-binding delivery period has been exceeded, the Buyer may request the Seller to deliver. Upon receipt of the request, the Seller is in default. If the Buyer is entitled to compensation for damage caused by default, this is limited, in the case of slight negligence on the part of the Seller, to a maximum of 5% of the agreed purchase price.
If the Buyer additionally wishes to withdraw from the contract and/or claim damages in lieu of performance, he or she must, after expiry of the relevant period pursuant to point 2, sentence 1 of this section, set the Seller a reasonable period for delivery. If the Buyer is entitled to damages in lieu of performance, the claim is limited, in the case of slight negligence, to a maximum of 10% of the agreed purchase price. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his or her commercial or independent professional activity when concluding the contract, claims for damages are excluded in the case of slight negligence. If delivery becomes impossible by chance while the Seller is in default, the Seller is liable subject to the limitations of liability agreed above. The Seller is not liable if the damage would also have occurred in the event of timely delivery.
If a binding delivery date or a binding delivery period is exceeded, the Seller is already in default as soon as the delivery date or delivery period is exceeded. The rights of the Buyer are then determined in accordance with point 2, sentence 3 and point 3 of this section.
The limitations and exclusions of liability in this section do not apply to damage based on a grossly negligent or intentional breach of duties by the Seller, its legal representative or its vicarious agent, or in the case of injury to life, body or health.
Force majeure or operational disruptions occurring at the Seller's premises or at those of its suppliers which temporarily prevent the Seller, through no fault of its own, from delivering the item of purchase on the agreed date or within the agreed period shall change the dates and periods stated in points 1 to 4 of this section by the duration of the disruptions to performance caused by these circumstances. If such disruptions lead to a postponement of performance of more than four months, the Buyer may withdraw from the contract. Other rights of withdrawal remain unaffected by this.

IV. Acceptance

The Buyer is obliged to take delivery of the item of purchase within eight days of receipt of the notice of readiness. In the event of non-acceptance, the Seller may exercise its statutory rights.
If the Seller claims damages, these amount to 10% of the purchase price. The damages are to be set higher or lower if the Seller proves higher damage or the Buyer proves that lower damage or no damage at all has been incurred.

V. Retention of title

The item of purchase remains the property of the Seller until the claims to which the Seller is entitled under the purchase contract have been settled. If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his or her commercial or independent professional activity when concluding the contract, the retention of title also remains in place for claims of the Seller against the Buyer arising from the ongoing business relationship until the settlement of claims to which the Seller is entitled in connection with the purchase. At the Buyer's request, the Seller is obliged to waive the retention of title if the Buyer has incontestably fulfilled all claims connected with the item of purchase and appropriate security exists for the remaining claims arising from the ongoing business relationships. For the duration of the retention of title, the right to possession of the registration certificate Part II belongs to the Seller.
If the Buyer does not pay the due purchase price and prices for ancillary services, or does not pay them in accordance with the contract, the Seller may withdraw from the contract and/or, in the event of a culpable breach of duty by the Buyer, claim damages in lieu of performance if it has unsuccessfully set the Buyer a reasonable period for performance, unless setting a period is dispensable in accordance with the statutory provisions.
As long as the retention of title exists, the Buyer may neither dispose of the item of purchase nor contractually grant third parties use of it.

VI. Liability for material defects and defects of title

If the Buyer is a consumer within the meaning of § 13 BGB, a reduction of the two-year limitation period for material defects and defects of title to not less than one year from delivery of the item of purchase to the Buyer can only be validly agreed if the Buyer has been specifically informed of the reduction of the limitation period before making his or her contractual declaration and the reduction is expressly and separately agreed in the contract. As regards material defects and defects of title in goods with digital elements, the provisions of this section do not apply to the digital elements; instead, the statutory provisions apply.
If the Buyer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his or her commercial or independent professional activity when concluding the contract, the sale is made to the exclusion of any claims for material defects and defects of title. This exclusion does not apply to damage based on a grossly negligent or intentional breach of duties by the Seller, its legal representative or its vicarious agent, or in the case of injury to life, body or health.
If, on the basis of the statutory provisions, the Seller is liable for damage caused by slight negligence, the Seller's liability is limited: liability exists only in the event of a breach of obligations essential to the contract, such as those which the purchase contract specifically intends to impose on the Seller according to its content and purpose or the fulfilment of which makes the proper performance of the purchase contract possible in the first place and on the observance of which the Buyer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the Seller's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. This does not apply to damage based on a grossly negligent or intentional breach of duties by the Seller, its legal representative or its vicarious agent, or in the case of injury to life, body or health.
Irrespective of any fault on the part of the Seller, any liability of the Seller in the case of fraudulent concealment of a defect, arising from the assumption of a guarantee or a procurement risk, and under the Product Liability Act remains unaffected.
If a defect is to be remedied, the following applies:
1. The Buyer must assert claims for material defects against the Seller. In the case of oral notification of claims, the Buyer shall be given a confirmation of receipt of the notification in text form.
2. If the item of purchase becomes inoperable due to a material defect, the Buyer may, with the prior consent of the Seller, contact another specialist business.
3. For parts installed in the course of remedying a defect, the Buyer may assert claims for material defects under the purchase contract until expiry of the limitation period of the item of purchase. Replaced parts become the property of the Seller.

VII. Liability for other claims

The statutory limitation periods apply to other claims of the Buyer which are not regulated in section VI. “Liability for material defects and defects of title”.
Liability for delay in delivery is conclusively regulated in section III “Delivery and delay in delivery”. For other claims for damages against the Seller, the provisions in section VI. “Liability for material defects and defects of title”, points 3 and 4 apply accordingly.
If the Buyer is a consumer within the meaning of § 13 BGB and the subject matter of the contract also includes the provision of digital content or digital services, whereby the vehicle can fulfil its function even without these digital products, the statutory provisions of §§ 327 ff BGB apply to this digital content or these digital services.

VIII. Place of jurisdiction

For all present and future claims arising from the business relationship with merchants, including claims arising from bills of exchange and cheques, the exclusive place of jurisdiction is the registered office of the Seller.
The same place of jurisdiction applies if the Buyer has no general place of jurisdiction in Germany, moves his or her domicile or habitual place of residence out of Germany after conclusion of the contract, or if his or her domicile or habitual place of residence is not known at the time the action is brought. Otherwise, in the case of claims of the Seller against the Buyer, the Buyer's domicile shall be deemed the place of jurisdiction.

IX. Notice pursuant to § 36 Verbraucherstreitbeilegungsgesetz (VSBG) (Consumer Dispute Resolution Act)

The Seller will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

Workshop - Repair Conditions

Last updated: {current_date: F Y}

I. Placing of orders

The services to be performed and the expected or binding completion date must be specified in the order form (Auftragsschein) or in a letter of confirmation.
The Customer (Auftraggeber) receives a copy of the order form.
The order authorises the Contractor (Auftragnehmer) to award subcontracts and to carry out test drives and transfer drives.
Transfers of rights and obligations of the Customer under the order require the consent of the Contractor in text form. This does not apply to a monetary claim of the Customer against the Contractor. For other claims of the Customer against the Contractor, the prior consent of the Contractor is not required if the Contractor has no interest worthy of protection in an exclusion of assignment or if legitimate concerns of the Customer regarding the assignability of the right outweigh the Contractor's interest worthy of protection in an exclusion of assignment.

II. Price information in the order form; cost estimate

At the Customer's request, the Contractor shall also note in the order form the prices that are expected to be charged in carrying out the order. Price information in the order form may also be given by reference to the relevant items of the price and labour value catalogues available for inspection at the Contractor's premises.
If the Customer wishes to receive binding price information, a written cost estimate (Kostenvoranschlag) is required; in this, the work and spare parts must each be listed individually and provided with the respective price. The Contractor is bound by this cost estimate until the expiry of 3 weeks after it has been submitted. The services rendered for the preparation of a cost estimate may be charged to the Customer if this has been agreed in the individual case. If an order is placed on the basis of the cost estimate, any costs for the cost estimate will be offset against the invoice for the order, and the total price may only be exceeded when invoicing the order with the consent of the Customer.
If price information is contained in the order form, value added tax must be stated, as in the case of the cost estimate.

III. Completion

The Contractor is obliged to comply with a completion date designated as binding in writing. If the scope of work changes or is extended compared with the original order and a delay occurs as a result, the Contractor must without undue delay name a new completion date, stating the reasons.
If, in the case of orders concerning the repair of a motor vehicle, the Contractor culpably fails to meet a completion date promised as binding in writing by more than 24 hours, the Contractor must, at its option, either make available to the Customer free of charge a replacement vehicle that is as equivalent as possible, in accordance with the Contractor's conditions applicable to this in each case, or reimburse 80% of the costs of the actual use of a rental vehicle that is as equivalent as possible. The Customer must return the replacement or rental vehicle without undue delay after notification of the completion of the subject matter of the order (Auftragsgegenstand); further compensation for damage caused by default is excluded. The Contractor is also responsible for the impossibility of performance occurring by chance during the default, unless the damage would also have occurred in the event of timely performance. In the case of commercially used vehicles, the Contractor may, instead of providing a replacement vehicle or assuming rental car costs, compensate for the loss of earnings caused by the delayed completion.
The exclusions of liability in point 2 do not apply to damage based on a grossly negligent or intentional breach of duties by the Contractor, its legal representative or its vicarious agent, or in the case of injury to life, body or health.
If the Contractor cannot meet the completion date as a result of force majeure or operational disruptions through no fault of its own, there is no obligation to pay damages on account of delays caused thereby, in particular also no obligation to provide a replacement vehicle or to reimburse costs for the actual use of a rental vehicle. However, the Contractor is obliged to inform the Customer of the delays insofar as this is possible and reasonable.

IV. Acceptance

Acceptance (Abnahme) of the subject matter of the order by the Customer takes place at the Contractor's premises, unless otherwise agreed.
The Customer is obliged to collect the subject matter of the order within 1 week of receipt of the notice of completion and delivery or dispatch of the invoice. In the event of non-acceptance, the Contractor may exercise its statutory rights. In the case of repair work carried out within one working day, the period is reduced to 2 working days.
In the event of default in acceptance (Abnahmeverzug), the Contractor may charge the storage fee customary in the locality. At the Contractor's discretion, the subject matter of the order may also be stored elsewhere. The costs and risks of storage shall be borne by the Customer.

V. Invoicing of the order

In the invoice, prices or price factors must be shown separately for each technically self-contained work performance as well as for spare parts and materials used. If the Customer wishes the subject matter of the order to be collected or delivered, this takes place at the Customer's expense and risk. Liability in the event of fault remains unaffected.
If the order is carried out on the basis of a binding cost estimate, a reference to the cost estimate is sufficient, whereby only additional work must be listed separately.
The calculation of the exchange price in the exchange procedure presupposes that the removed unit or part corresponds to the scope of delivery of the replacement unit or part and that it does not exhibit any damage that makes reconditioning impossible.
Value added tax shall be borne by the Customer.
Any correction of the invoice by the Contractor, as well as any complaint by the Customer, must be made no later than 6 weeks after receipt of the invoice.

VI. Payment

The invoice amount and prices for ancillary services are due for payment in cash upon acceptance of the subject matter of the order and delivery or dispatch of the invoice, but no later than within 1 week after notification of completion and delivery or dispatch of the invoice.
The Customer may only set off against claims of the Contractor if the Customer's counterclaim is undisputed or a legally binding title exists. Counterclaims of the Customer arising from the same order are excepted from this. The Customer may only assert a right of retention insofar as it is based on claims arising from the same contractual relationship. The Contractor is entitled to demand an appropriate advance payment when the order is placed.

VII. Extended lien (erweitertes Pfandrecht)

On account of its claim arising from the order, the Contractor is entitled to a contractual lien (vertragliches Pfandrecht) over the items that have come into its possession on the basis of the order. The contractual lien may also be asserted on account of claims arising from work carried out previously, deliveries of spare parts and other services, insofar as they are connected with the subject matter of the order. For other claims arising from the business relationship, the contractual lien applies only insofar as these are undisputed or a legally binding title exists and the subject matter of the order belongs to the Customer.

VIII. Liability for material defects

Claims of the Customer for material defects become time-barred one year after acceptance of the subject matter of the order. If the Customer accepts the subject matter of the order despite knowledge of a defect, he or she is entitled to claims for material defects only if he or she reserves them upon acceptance.
If the subject matter of the order is the delivery of movable items to be manufactured or produced and the Customer is a legal entity under public law, a special fund under public law or an entrepreneur acting in the exercise of his or her commercial or independent professional activity when concluding the contract, claims of the Customer for material defects become time-barred one year after delivery. For other customers (consumers), the statutory provisions apply in this case.
The shortenings of the limitation period in point 1, sentence 1 and point 2, sentence 1 do not apply to damage based on a grossly negligent or intentional breach of duties by the Contractor, its legal representative or its vicarious agent, or in the case of injury to life, body or health.
If, under the statutory provisions, the Contractor is liable for damage caused by slight negligence, the Contractor's liability is limited: liability exists only in the event of a breach of obligations essential to the contract, such as those which the order specifically intends to impose on the Contractor according to its content and purpose or the fulfilment of which makes the proper performance of the order possible in the first place and on the observance of which the Customer regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the Contractor's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Point 3 of this section applies accordingly to the aforementioned limitation of liability and the aforementioned exclusion of liability.
Irrespective of any fault on the part of the Contractor, any liability of the Contractor in the case of fraudulent concealment of the defect, arising from the assumption of a guarantee or a procurement risk, and under the Product Liability Act remains unaffected.
If a defect is to be remedied, the following applies:
1. The Customer must assert claims for material defects against the Contractor; in the case of oral notifications, the Contractor shall hand the Customer a confirmation of receipt of the notification in text form.
2. If the subject matter of the order becomes inoperable due to a material defect, the Customer may, with the prior consent of the Contractor, contact another specialist business. In this case, the Customer must have it recorded in the order form that the work concerns the remedying of a defect on behalf of the Contractor and that removed parts are to be kept available for the Contractor for a reasonable period. The Contractor is obliged to reimburse the repair costs demonstrably incurred by the Customer.
3. In the case of rectification (Nachbesserung), the Customer may assert claims for material defects under the order for the parts installed to remedy defects until expiry of the limitation period of the subject matter of the order. Replaced parts become the property of the Contractor.

IX. Liability for other damage

Liability for the loss of money and valuables of any kind which have not been expressly taken into safekeeping is excluded.
Other claims of the Customer which are not regulated in section VIII. “Liability for material defects” become time-barred within the regular limitation period.
The provisions in section VIII. “Liability for material defects”, points 4 and 5 apply accordingly to claims for damages against the Contractor.

X. Retention of title

Insofar as installed accessories, spare parts and units have not become essential components (wesentliche Bestandteile) of the subject matter of the order, the Contractor retains title to them until full and incontestable payment.

XI. Place of jurisdiction

For all present and future claims arising from the business relationship with merchants, including claims arising from bills of exchange and cheques, the exclusive place of jurisdiction is the registered office of the Contractor. The same place of jurisdiction applies if the Customer has no general place of jurisdiction in Germany, moves his or her domicile or habitual place of residence out of Germany after conclusion of the contract, or if his or her domicile or habitual place of residence is not known at the time the action is brought.

XII. Notice pursuant to § 36 Verbraucherstreitbeilegungsgesetz (VSBG) (Consumer Dispute Resolution Act)

The Contractor will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

General Terms and Conditions