4. Booking, rebooking, withdrawal

1. 1. Booking via offer or mediation request
      With the booking via an offer the customer offers the Fuchs und Hase Camper GmbH the conclusion of a rental contract on the basis of these rental conditions and the service description in the brochure, offer or on the Internet visible conditions binding. Bookings are only binding after written confirmation by the lessor. In case of refusal of payment Fuchs und Hase Camper GmbH is entitled to withdraw from the contract.
   2. Instant booking
      With the booking via the booking system visible on the website fuchs-und-hase.org the renter is offered a binding immediate booking. The booking is considered accepted and confirmed when the full rental amount or the agreed deposit has been paid in the booking process and the reservation has been confirmed by the system.
   3. The deposit payment must be received in case of payment by bank transfer at least 48h before the agreed start of the rental period on the account of the lessor. Alternatively, the deposit can be paid in cash or via PayPal upon handover.
   4. If the deposit, the balance or the deposit payment is not made on time or not within the payment deadline, the lessor may withdraw from the contract after unsuccessfully setting a reasonable grace period. In this case, the renter owes as compensation the cancellation fees specified herein at the time of withdrawal, unless the renter proves to the lessor  a lesser damage.
   5. The booking confirmed to the renter can be rebooked for the same rental period free of charge on other vehicles, provided that otherwise free capacities are available at the lessor. Additional costs due to season or vehicle type must be compensated by the lessee. A refund from the lessor to the lessee in case of price differences does not take place.
   6. It is pointed out that a general legal right of withdrawal is not provided for rental contracts for vehicles. A right of withdrawal also does not exist due to § 312 g para. 2 No. 9 BGB.
   7. However, the lessor grants the lessee a contractual right of withdrawal to the extent described below. The withdrawal is to be sent by email to info@fuchs-und-hase.org. In case of a withdrawal of the renter from the rental contract or from a binding reservation, the renter pays the following cancellation fees to the lessor:
      – 30% of the invoice amount up to 60 days before the agreed start of the rental period
      – 75% of the invoice amount from 59 days to 15 days before the agreed start of the rental period
      – 100% of the invoice amount from 14 days before the agreed start of the rental up to and including the day of the rental or in case of non-acceptance of the vehicle.
   8. In order to reduce the risk of cancellation, it is recommended to take out a travel cancellation insurance policy, which comes into effect in the event of the reasons for cancellation agreed in the insurance policy (e.g. illness). Regardless of the conclusion of such a contract, the renter remains obligated to the lessor to the extent described herein.
   9. In the case of an immediate booking, the lessor may withdraw from the rental contract within 14 days of the booking without giving reasons. In addition, the Lessor may withdraw from the rental contract up to the day of the start of the journey with indication of reasons (e.g. vehicle defective). In case of withdrawal by the Lessor, the Lessee will immediately receive a full refund of the rental fee. Payments beyond that, especially for costs of the renter for possible expenses made in connection with the planned trip are excluded.

5. Terms of payment, deposit

1. 1. The full rental amount or the agreed deposit must be paid in advance during the booking process via the offered means of payment.
   2. If the booking is not made through the booking portal, the full rental amount or the agreed deposit is to be transferred to the account of the lessor free of charge within 7 days after written confirmation of the booking by the lessor.
   3. Deposits are accepted if the start of the trip is further than 90 days in the future. The deposit amount is 30% of the total booking. The remaining payment is to be transferred at the latest 60 days before the beginning of the rental period (free of charges and fees, especially in case of payments from abroad) to the account indicated by Fuchs und Hase Camper, whereby the timeliness of the payment depends on the time of the credit entry on the account.
   4. Deviating payment terms or payment methods are only permissible if they are recorded in writing in the booking confirmation of the lessor.
   5. The deposit payment must be received by bank transfer at least 48 hours before the agreed start of the rental period on the account of the lessor. Alternatively, the deposit can be paid in cash or via PayPal upon delivery.
   6. If the deposit is not or not completely available on the day of pickup, the booking will be canceled and the vehicle will not be handed over. In this case, the renter bears compensation costs in the amount of 100% of the booking.
   7. If down payment, balance payment or deposit payment are not made within the contractually agreed due dates, Fuchs und Hase Camper can withdraw from the contract and charge and retain cancellation costs according to 4.7.

6. Hand-over, return

1. 1. For the handover and return the renter must independently reserve an available date via the offered appointment booking system. A link to the system is noted on the contract and will be sent to the renter by e-mail after booking.
   2. Using the same system, the renter can independently change the appointment up to 7 days before the handover or return date.
   3. The appointment is free of charge for the renter within business hours. Outside normal business hours, appointments can be booked for an additional charge.
   4. If a new appointment must be made because the renter does not show up on the specified date, the cost of the additional appointment must be borne according to the price list.
   5. If the vehicle breaks down due to accidental damage not caused by the renter, the lessor is entitled to provide the renter with a replacement vehicle in the same class or the next higher class at the handover location within 24 hours. Further claims of the renter against the lessor due to the failure of the motorhome are excluded.
   6. The renter is obliged to participate in a detailed motorhome briefing by the staff of the lessor before the start of the journey. A handover protocol will be drawn up in which the condition of the vehicle is described and which is to be signed by both parties. The Lessor may refuse to hand over the motorhome until the motorhome instruction has taken place. If the handover is delayed due to the Lessee’s fault, the Lessee shall bear the resulting costs.
   7. DUpon return of the motorhome, the Hirer is obliged to carry out a final inspection of the motorhome together with the Rental Firm’s employee, whereby a return protocol shall be drawn up and signed by the Rental Firm and the Hirer. Damages, whether caused by the renter himself or by third parties, which are not noted in the handover protocol, but which are discovered when the vehicle is returned, shall be borne by the renter.
   8. All motorhomes are handed over to the renter clean inside and are to be returned by him in the same clean condition. Any subsequent cleaning required will be at the expense of the renter. Prices for subsequent cleaning see price list.
   9. The waste water tank and the toilet cassette are not emptied by the lessor. Separate emptying or additional cleaning, e.g. if the toilet cassette overflows into the toilet compartment, will be charged separately according to the price list or at cost.

7. Forbidden uses, duty of care and custody

1. 1. The camper is to be treated carefully and properly and to be locked properly in each case. The relevant regulations and technical rules for the use are to be observed. The operating condition, in particular water and oil levels as well as tire pressure are to be monitored. The lessee undertakes to regularly check whether the rental object is in a roadworthy condition.
   2. The renter is not allowed to make any technical changes to the vehicle. The renter is not authorized to change the appearance of the vehicle, in particular to provide it with paintwork, stickers or adhesive foils.
   3. Pets may only be brought along after prior consultation and written permission.
   4. All mobile homes are non-smoking vehicles. Accordingly, smoking is not permitted in the entire vehicle. Cleaning costs resulting from non-observance shall be borne by the renter. Costs incurred by venting or for the elimination of smoke contamination, including lost profits due to a temporary inability to rent the vehicle as a result, shall also be borne by the renter.
   5. The use for filming of all kinds, photos, videos, trade fairs, as an exhibition vehicle, for advertising or commercial purposes is only permitted after prior consultation and written approval. For exceptional use, an individual offer will be made upon request. In case of such use without prior approval, Fuchs und Hase Camper is entitled to charge an increased rent of 3 times the regular rent.
   6. The renter is forbidden to use the vehicle:
      • To transport highly flammable, toxic or otherwise dangerous substances. This does not include the transport of gas bottles in the gas box provided for this purpose in the vehicle.
      • For the commission of customs and other crimes, even if they are punishable only by the law of the place where the crime was committed.
      • For other use that goes beyond the contractual use, in particular driving on terrain not intended for this purpose.
      • For participation in motor sport events and vehicle tests.
      • For subleasing or commercial passenger transport.
      • To walk on the roof of the vehicle, unless it was expressly designed for this purpose and this was pointed out during the instruction.

8. Behavior in case of accidents

1. 1. Even in the case of minor damage, the lessee must provide the lessor with a detailed written report, including a sketch. If the Lessee, for whatever reason, fails to prepare the report and therefore the insurance company refuses to pay for the damage, the Lessee shall be obliged to compensate the damage in full.
   2. After an accident as well as fire, theft or wild game damage, the Lessee shall immediately notify the police and the rental station (telephone number on the rental agreement), but no later than immediately after the working day following the day of the accident. Opposing claims shall not be recognized.
   3. The accident report must be completed in full and signed and handed over to the rental company at the latest when the motorhome is returned. In particular, it must contain the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved.

9. Trips abroad

1. 1. Trips abroad within Europe are possible. Trips to non-European countries require the prior consent of the lessor. Journeys to war and crisis areas are prohibited. Journeys to Eastern Europe must be approved in advance by the lessor. If these trips are not approved, the renter bears the costs in case of damage or loss of the vehicle in a corresponding country.

10. Defects of the motorhome

1. 1. Claims for damages by the lessee for defects for which the lessor is not responsible are excluded.
   2. Defects in the motorhome or its equipment that can only be detected after the start of the rental period must be reported by the Hirer to the Rental Firm in writing upon return of the vehicle. Claims for damages due to defects reported later are excluded.

11. Repairs, replacement vehicle

1. 1. Repairs which become necessary to ensure the operational and road safety of the motorhome during the rental period may be ordered by the Hirer without further ado up to a price of € 100.00, larger repairs only with the consent of the Rental Firm. The repair costs shall be borne by the Lessor upon presentation of the original receipts as well as the replaced parts, unless the Lessee is liable for the damage according to item 12. Tire damages are excluded from this regulation.
   2. If a defect for which the Lessor is responsible leads to the necessity of such a repair and the Lessee does not have it repaired independently, the Lessee shall notify the Lessor of the defect without delay and grant a reasonable period of time for the repair. Country-specific conditions (e.g. infrastructure), which delay the repair, are not at the expense of the lessor.
   3. If the motorhome is destroyed through no fault of the renter or if it is foreseeable that the use will be prevented or deprived for an unreasonably long time, the lessor is entitled to provide the renter with an equivalent replacement vehicle within a reasonable time. If the Lessor provides an equivalent replacement vehicle, termination by the Lessee pursuant to Section 543 (II) No. 1 of the German Civil Code (BGB) shall be excluded. If in this case a motorhome of a lower price group is offered by the lessor and accepted by the lessee, the lessor shall reimburse the lessee for the price difference to the rent already paid by the lessee in advance.
   4. If the motorhome is destroyed through the fault of the Hirer or if it is foreseeable that the use will be prevented or deprived for an unreasonably long time through the fault of the Hirer, the Rental Firm may refuse to provide a replacement vehicle. In this case, termination by the lessee pursuant to Section 543 (II) No. 1 of the German Civil Code (BGB) is excluded. If the lessor provides a replacement vehicle, he may charge the lessee for the transfer costs incurred.

12. Liability of the renter, comprehensive insurance

1. 1. The lessor will exempt the lessee from liability according to the principles of a comprehensive insurance in case of partial comprehensive damage with an excess of € 1,500.00 to be borne by the lessee, as well as in case of fully comprehensive damage with an excess of € 1,500.00 to be borne by the lessee per case of damage. The respective deductible cannot be excluded.
   2. The exemption from liability from section 12.1 does not apply if the renter has caused damage intentionally or through gross negligence.
   3. The exemption from liability under Clause 12.1 shall not apply if the Hirer causes damage that is classified as operational damage or is not covered by the comprehensive, partial comprehensive, third-party liability insurance or the cover letter for other reasons. This includes, for example, damage to the interior or costs resulting from the fact that fuel was filled into the fresh water tank.
   4. In addition, the renter is liable according to the legal regulations. This includes, for example, the following cases:
      • if the renter or the driver, to whom the renter has left the motorhome, commits hit-and-run accidents
      • if the renter, contrary to the obligation under clause 8, fails to call the police in the event of an accident, unless the breach of duty had no influence on the determination of the cause of the damage or the amount of the damage
      • if damage was caused by drug- or alcohol-related driving incapacity
      • if damage is caused by an unauthorized driver to whom the Hirer has left the motorhome
      • if the renter violates other obligations from section 9, unless the breach of duty has had no influence on the determination of the cause of the damage or the amount of the damage
      • if damages are based on a use prohibited according to section 8.1
      • if the damage is due to a breach of duty according to Section 8.2
      • if damages are based on a non-observance of the mobile home dimensions (height, StVO sign 265, width StVO sign 264 or the corresponding national signs)
      • if damage is due to non-observance of the load regulations
      • if damage is caused by reversing or maneuvering, the renter is liable for the full amount of the damage.
   5. The renter is liable for all fees, charges, fines and penalties incurred in connection with the use of the motorhome, for which the lessor is held liable, unless these are due to the fault of the lessor. The Lessor reserves the right to collect the incurred fees, charges, fines and penalties from the Lessee’s means of payment. Additional processing fees are incurred based on the price list.
   6. In order to avoid an increase in costs due to the damage assessment costs, the Lessor may first submit sample invoices for corresponding damages to the Lessee in case of accident damages upon request.
   7. Several Lessees shall be liable as joint and several debtors

13. Liability of the lessor, statute of limitations

1. 1. The general terms and conditions and fee lists apply, which are available at the beginning of the rental period at the lessor’s premises and are published on the Internet.
   2. Claims of the renter for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the lessor, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract. Liability for loss of profit is excluded.
   3. In the event of a breach of essential contractual obligations, the Lessor shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the Lessee arising from injury to life, body or health.
   4. The restrictions also apply in favor of the legal representatives and agents of the lessor, if claims are asserted directly against them.

14. GPS tracking of the vehicles

1. 1. The motorhomes of Fuchs und Hase GmbH can be equipped with a GPS tracking system. The renter declares his consent that the motorhome can be located by the lessor at any time and routes can be traced. However, the lessor checks these data only in suspected cases of abuse or violation of the GTC.

15. WLAN and mobile data use of the vehicles

1. 1. If the vehicle is equipped with a mobile router, the lessor provides the lessee during the rental of a vehicle, within the scope of technical and operational possibilities, free Internet access via W-LAN (Wireless Local Area Network) within Germany. The usage relationship begins with the handover of the vehicle.
   2. Use is limited to data. Telephony, fax, SMS and other services are excluded.
   3. The connection uses the Telekom AG mobile network and is not limited in volume within Germany. Outside Germany the usage is limited to max. 2GB / month or proportionally for shorter rental periods. However, no data volume is guaranteed outside Germany.
   4. For use abroad, the renter may use the 2nd SIM card slot of the router to use its own SIM card. For this purpose, the SIM card should not be protected with a PIN. No admin access to the router is granted. However, setting up your own SIM card can be done remotely in consultation with the lessor as long as the router has Internet reception.
   5. To use the W-LAN service it requires a W-LAN capable communication terminal which the renter must provide himself. e.g. cell phone, laptop, tablet.
   6. A certain transmission speed is not guaranteed due to varying utilization of the mobile network and the respective connection conditions. The provider does not guarantee the constant availability of the service as well as error-free data transmission. The Lessor does not assume any responsibility for malfunctions and other failures of the service.
   7. However, the Lessor will ensure that the service is restored as quickly as possible within the scope of the possibilities available and reasonable to him. The lessor shall not be liable for any loss of data as a result of technical faults.
   8. If a component used by the co-user causes a malfunction that endangers operation, the lessor reserves the right to exclude the co-user from the service, even without consulting the co-user.
   9. The Lessee shall receive a temporary IP address for the duration of the use of the service. This is automatically reassigned each time the user dials in, so there is no entitlement to a fixed IP address.
   10. The Lessor expressly points out that the use of a publicly accessible W-LAN service involves special risks for data security.

       The data traffic between the communication terminal of the co-user and the W-LAN base station of the lessor may be unencrypted and can possibly be viewed by other co-users. The data traffic within the W-LAN service of the lessor can be secured by arrangement. This means that there is always a risk that malware may get onto the communication terminal of the co-user when using the W-LAN. It is the responsibility of the co-user to ensure his own security by using encryption systems and installing a firewall or other security systems. The lessor expressly assumes no liability for the fact that a third party stores or modifies the user’s data transmitted via the W-LAN. In particular, the Lessor shall not be liable for any damage resulting from the use of an unsecured connection.

   11. Reference is made to the storage of data with the Internet provider in accordance with the Telemedia Act (TMG).
   12. The Lessee undertakes to use the Lessor’s W-LAN service lawfully. He assures that he will not retrieve or distribute any contents relevant under criminal law and that he will not violate any other rights of third parties.
   13. The lessee is prohibited
       • to damage or impair other co-users or Internet services;
       • to provide data for the purpose of file sharing, or to unlawfully reproduce, distribute or in any other way make available other copyrighted goods;
       • to send unsolicited messages with advertising content to third parties via e-mail, Internet forums, etc. in an anti-competitive manner;
       • or to retrieve or distribute other immoral or illegal content, in particular content of an anti-constitutional, pornographic, criminal, terrorist or otherwise offensive nature via the W-LAN.
   14. The Lessee is responsible for the content he retrieves, posts or disseminates in any other way. The lessor reserves the right to block an existing access if the co-user violates the lessor’s terms of use.
   15. Irrespective of other limitations of liability in this agreement, the liability of the lessor for slightly negligent breaches of duty is excluded, insofar as these do not concern duties essential to the contract. This shall not apply in the case of injury to body, health and life, in which case liability shall be unlimited in any case. Liability is also neither limited nor excluded in the case of gross negligence and intent. This liability regulation also applies to breaches of duty by our vicarious agents.

16. Storage and transfer of personal data

1. 1. The lessor may pass on personal data to third parties who have a legitimate interest, if the information given at the time of rental is incorrect in essential points or if the rented vehicle is not returned within 24 hours after the expiry of the rental period, which may have been extended, or if rental claims have to be asserted in legal dunning proceedings or if checks given by the lessee are not cashed. In addition, the data may be forwarded to all authorities responsible for the prosecution of administrative offences and criminal offences or their authorized representatives in the event that the renter has actually behaved dishonestly or there are sufficient grounds for this. This occurs, for example, in the case of false rental information, presentation of false or lost personal documents, failure to return the vehicle, failure to report a technical defect, traffic violations, and the like.
   2. The privacy policy of the Lessor is available online at: https://test.fuchs-und-hase-camper.de/datenschutzerklaerung
   3. The lessee agrees to the storage of personal data within the framework of the business relationship with the lessor, in compliance with data protection laws, in particular the BDSG and the DSGVO. Data will not be disclosed to third parties, unless this is necessary for the performance of the contract or the consent of the renter.
   4. Insofar as the renter transmits the data of third parties, the renter assures that he has obtained consent from the third party and releases the lessor from any claims in this regard.
   5. The rights of the renter or the person affected by the data processing result in particular from the following standards of the GDPR:
      • Article 7 (3) – Right to revoke consent under data protection law.
      • Article 15 – Right to information of the data subject, right to confirmation and provision of a copy of the personal data
      • Article 16 – Right to rectification
      • Article 17 – right to erasure (“right to be forgotten”)
      • Article 18 – right to restriction of processing
      • Article 20 – right to data portability
      • Article 21 – right to object
      • Article 22 – right not to be subject to a decision based solely on automated processing, including profiling
      • Article 77 – Right to lodge a complaint with a supervisory authority

17. Jurisdiction / Applicable law

Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Lessee has his habitual residence as a consumer, shall remain unaffected.

If the Lessee is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the parties shall be the Lessor’s registered office in Berlin.

18. Final provisions

All agreements must be made in writing. Should individual provisions of these business relations be or become invalid, this invalidity shall not affect the other points. The provisions that have become ineffective must be reinterpreted in such a way that their purpose can be fulfilled in an effective manner. Mandatory provisions shall remain unaffected and shall be deemed agreed as such.