General Rental Terms

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

1 Scope and exclusivity of these General Rental Terms (Allgemeine Mietbedingungen)

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 takeover 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 conduct obligations 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 Flat-rate damage charges and handling 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 (Verbraucherwiderruf)

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.

General Rental Terms