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GENERAL TERMS AND CONDITIONS FOR CAMPERVAN RENTAL AGREEMENTS

Contract partners of this rental agreement are holidayvans GmbH, Tenschertstraße 3, 1230 Wien, herewith named „Lessor“ and the overleaf named Lessee, herewith named „Lessee“.

  1. General
    The following general terms and conditions are a fixed component of the rental agreement concluded between the Lessor on the one hand and the Lessee on the other.
  2. Reservation/Rent payment
    1. A vehicle can be booked by telephone, in writing or online. A binding reservation takes effect through the written booking confirmation by the Lessor and the completion of the payment by the Lessee for the whole rental sum. The Lessee commits to supply all information on the contact form in a truthful and complete manner.
    2. The Lessee is obliged to verify the correctness of the rental contract upon receipt of such without delay. If this contract differs from the original order, then the contract will be considered in agreement unless the Lessee contacts the Lessor with details of the possible differences immediately after receipt of such contract.
    3. The contractually confirmed dates of the contract agreed between Lessor and Lessee, as with the location of the vehicle handover and the rental price are considered binding.
    4. The Lessee is only permitted to use the vehicle with all booked extras for the agreed period of the rental.
    5. The rental price conforms to the rental prices applicable on our homepage at the time of contract completion. These include sales tax (20 %).
    6. Upon handover of the vehicle, the Lessee must pay the Lessor a deposit of € 1.000 in cash. Without the receipt of such deposit the Lessor is permitted to refuse the handover of the rental vehicle to the Lessee. After correct return of the vehicle with all its extras, the deposit will be returned to the Lessee.
    7. Even after return of the deposit, the Lessee remains fully liable for any hidden damages, originally unnoticed by the Lessor upon return of the vehicle and the extras.
    8. Additionally to the rental price, with every rental there is a one-time agreement fee. This amounts to € 109 for the VW California Model and € 159 for the VW Grand California model. This agreement fee covers numerous service charges relating to the establishment of the contract, such as carrying out the credit check, the briefing at the handover, telephone support, final cleaning and disinfection fee after the rental, as well as refilling the gas bottles, the windscreen washing fluid, or the Ad-Blue tank.
    9. Costs for Fuel, Tolls, Parking, Camping, Static parking, as well as Ferries, or Penalties and any other types of Fines are to be paid by the Lessee. Furthermore the costs for refilling the fluids (Windscreen washer fluid, Ad-Blue, Motor oil, etc. ) and the empty gas canisters are to be paid by the Lessee during the full term of the rental.
  3. Usage of the Campervan
    1. The Lessee is obliged to take care of the vehicle and any extras in a careful and orderly manner as well as keeping it correctly locked when unattended. Furthermore all official technical instructions for equipment as well as legal requirements are to be followed at all times. The condition of the vehicle, particularly of oil levels, coolant levels as well as tyre pressures is to be checked regularly.
    2. Authorised to drive are only persons with a driving license and permission for Class B. Additionally they must be a minimum 18 years of age and be in possession of a full driving license for more than one year. These must be presented in original to the Lessor at the point of handover of the vehicle.
    3. Authorised to drive is exclusively the Lessee or additional drivers named in the rental contract.
    4. The Lessee is obliged to stop using the vehicle and inform the Lessor immediately in the event of his license to drive being rescinded or being forbidden to drive during the term of the rental.
    5. The Lessee is to secure any loads transported by him in such a way that they remain stable under normal conditions and to ensure that all passengers use the safety belts provided in a manner detailed by the regulations in force.
    6. All vehicles are non-smoking vehicles! In the event of misuse the Lessee will be charged a cleaning fee to the sum of € 500.
    7. The water in the freshwater tank of the vehicle is under no circumstances to be used as drinking water. This will be firmly advised during the briefing about the vehicle. If health problems occur to the Lessee or any other persons during the rental term due to misuse of this water, the Lessor cannot be held liable in any way.
    8. Taking along house pets is to be agreed in writing by the Lessor in advance.
    9. Subletting, transferring, or concession for the usage of the vehicle ( in particular also through the handover of the vehicle keys) to persons other than those mentioned in the rental contract, the transporting of persons for commercial usage, the participating in motorsport events, the training of learner drivers or driver safety training, towing of other vehicles, transporting of dangerous, flammable, poisonous or radioactive goods, as well as committing illegal acts even if these are just unauthorised in local terms, is forbidden. The Lessee shall be held liable to the Lessor for any damages occurring through all and any events, provided that there is no coverage offered by the third party or fully comprehensive insurance.
    10. No changes are permissible to the interior or exterior of the vehicle. If the Lessee should however decide to undertake any such changes in any form, he will be held liable for all costs to return the vehicle to its original condition.
    11. Removal or covering of the holidayvans writing or logos is expressly forbidden. Additional stickers on the vehicle may under some circumstances be allowed by prior permission of the Lessor.
    12. Unattended vehicles are to be kept with properly closed or secured windows and doors. The steering wheel lock is to be applied.
    13. Unauthorised issuing of instructions by the Lessee for repairs are forbidden. In the event of any damages the permission for any repairs must first be obtained from the Lessor. For repairs to damages only one authorised workshop can be used, unless this is more than 100 km away from the vehicle.
    14. In the event of an interruption to the rental caused by damages during an accident, the procedure for continuation must be agreed with the Lessor.
    15. In the event of a traffic accident, the obligatory international accident report (this is in the logbook) must be filled out completely and signed, and along with photos of the damages to all vehicles involved it must be sent to the Lessor without delay. In particular the accident report must contain all names and addresses of any parties involved and any eventual witnesses as well as the license numbers of any vehicles involved. Violations of these contractual terms will incur the loss of any insurance cover.
  4. Rent
    1. The minimum rental period in any season is normally 3 nights. In exceptional cases it is however possible to arrange shorter rental periods.
    2. The vehicles of holidayvans GmbH have no limit on free kilometers.
    3. The rental agreement applies for the fixed period given in the rental contract. Should the Lessee not return the vehicle punctually, the remaining terms of the contract will continue to apply. Additionally a minimum further fixed month rental will be charged. Costs thereby incurred through demands made on the Lessor by any subsequent Lessee or other persons awaiting a subsequent handover, are to be paid by the Lessee.
    4. The Lessor is entitled to rescind the contract with immediate effect and demand the return of vehicle if the Lessee is in default of his payments or when the vehicle is used in a way contrary to the contract or in the event of willful damage, fraud or destruction of the vehicle.
  5. Violation of traffic regulations
    The Lessee is exclusively responsible for traffic violations and is solely liable for any resulting legal actions, indemnifying the Lessor against any liabilities. Additionally to the costs payable to the authorities thereby incurred, the Lessor will charge the Lessee an administration fee of € 25. The Lessee takes notice that the Lessor will identify the Lessee as the driver of the vehicle in any enquiries from authorities and will provide the address given in the rental contract. The Lessee is liable for any actions of any driver that he has permitted to drive the vehicle as well as his own actions.
  6. Withdrawal and Cancellation
    1. If the rental is substantially complicated, jeopardised or impaired following the completion of contract by unforeseeable, unusual circumstances, such as the non return or non punctual return by the prior Lessee, damage or destruction of the rental object by the prior Lessee or third party, industrial action, acts of God or other similar difficult events, the Lessor or Lessee have the right to withdraw from the contract at the beginning of the rental.
    2. Through cancellation of the contract by the Lessee up to 60 days before the rental begins no cancellation fee will be charged. In the period from 59 days until 15 days before the rental begins 50% and under 15 days before rental begins 100% of the rental sum or remaining unused rental sum will be due. Refunds will be made in the form of credit vouchers.
    3. Already booked extras that are no longer needed can be cancelled before rental begins without cost. Refunds will be made in the form of credit vouchers.
    4. Exchanging the credit vouchers for cash is not possible.
    5. In the event of early termination of the rental agreement with the return of the vehicle, no rights to a refund of the remaining rental fee exist.
    6. In the event of an interruption to the rental whereby the Lessor is held responsible (damage to the vehicle not caused by misuse by the Lessee or an accident), rental sums will be refunded to the Lessee pro rata in the form of a credit voucher.
    7. The Lessor is not liable for damages caused by the Lessee or third parties and through which losses or repairs to the vehicle occur. This also applies for recovery costs of the vehicle or persons transported therein or loads carried.
    8. If operational disruptions occur during the rental period or the function of extras (Parked Heating, Radio, Navigation system, etc.) is disrupted, the Lessor is responsible to ensure repair. If this proves not possible, the Lessee will be refunded proportionally following the actual valid legal terms in the form of a credit voucher. Taking out a travel cancellation insurance is advised!
    9. For contracts concluded via distance selling, in accordance with Section 18 Paragraph 1 Item 10 FAGG, there is no legal right of withdrawal for the tenant for the relevant business transaction due to the exception stated therein.
  7. Collection
    1. The Lessor and the Lessee are both obliged to inspect the vehicle in detail before the hand-over and to check the fullness of the equipment as well as the vehicle documentation. The vehicle shows no other damage than that already noted. The Lessee is instructed in detail about the usage for operating and driving the vehicle.
    2. The Lessor is obliged to inform the Lessee at the handover of any noticeable damages or technical faults of the vehicle beyond those already noted in the rental agreement and to ensure that such be noted in writing into the rental agreement thereafter.
    3. The vehicle will be handed over in fully working order and in a safe condition, with a valid motorway tax for Austria and fulfilling the legal requirements for use on the Austrian highways.
    4. Bookings whereby the vehicle is to be collected or returned outside of the normal business hours are only possible under express prior agreement with the rental company.
    5. The Lessee will be instructed about the most important functions of the vehicle and any extra equipment. The Lessee is commits to take care of the vehicle keys given to him in such a way that no third party person can obtain possession of them. The Lessee is to meet all necessary measures to ensure that the vehicle cannot be used by any unauthorised persons. Notice will be drawn to the legal requirements, in particular § 102 KFG.
    6. Holidayvans GmbH will make efforts to provide all of the extras required by the Lessee in his booking (Bicycle rack, Camping chairs, Childs seat etc. but cannot guarantee provision of such in every case. The Lessee is entitled under such circumstances to refuse receipt of the vehicle without any financial penalty to him.
  8. Return
    1. The rental vehicle is to be returned at the agreed time in correct condition. The Lessee is obliged to return the vehicle , the keys, the documentation and all the extras supplied with the vehicle with nothing missing.
    2. The administration charge for any missing keys (incl. materials) is € 400.
    3. The processing fee for losing the vehicle registration document is € 80.
    4. An extension to the rental period or change to the return location is only permissible after prior consultation and express agreement with the Lessor.
    5. The vehicle must be internally cleaned and externally washed before return (not in a mechanical carwash, otherwise externally mounted equipment such as the awning etc. could be damaged). Non compliance will be charged with a fixed sum of € 250 for cleaning.
    6. Further special charges for cleaning ( such as heavily soiled seats or carpets through pet hairs or marks etc.) will be charged according to the actual efforts necessary.
    7. The vehicle will be handed over fully fueled and should be returned by the Lessee in an equally fully fueled state. Otherwise the Lessee will be charged for the refueling of the tank and an additional administration charge of €50.
    8. The Lessee takes responsibility for any damages established at the return of the vehicle that were not present at the original handover of the vehicle. Any reimbursing for damages that were already present at the original handover are not permissible.
    9. The Lessor is entitled to deduct such costs and charges from the security deposit.
    10. The Lessee is obliged to pay the value of any missing equipment, extras, parts in the inventory list, tools and any similar items not present at the return of the vehicle. This also applies for the costs of replacing any missing vehicle documents or keys.
    11. Any responsibility for personal items left in the vehicle at the return cannot be accepted by the Lessor.
  9. Foreign travel
    The vehicle is allowed to be driven in any member country of the European Union and also to Albania, Andorra, Bosnia-Herzgovina, Great Britain, Ireland, Macedonia, Moldavia, Montenegro, Norway, Switzerland and Serbia. Travel to areas of war or unrest are forbidden.
  10. Insurance
    1. The rental vehicle is fully comprehensively insured. The excess for any individual claim is € 1000.
    2. The Lessee takes note that in addition to any cases as described in point 3. insurance cover will be refused if any damages occur through careless or willful actions, when damages occur through driving under the influence of alcohol or drugs as well as in the case of hit-and-run by the driver.
    3. Furthermore there will be no insurance cover for damages caused by disregarding the instruction manual or through ignoring height or width restrictions (e.g. underpasses, bridges, garages etc.).
    4. The Lessor is not obliged to provide the Lessee with a replacement vehicle in the event of accidental damage or technical faults caused by tyre failures or damages proved to be caused by the Lessee or any other third party. In this case the remaining unused rental days will not be refunded.
    5. The Lessor or his insurer cannot be held responsible for any tyre damages or accidents with gas.
    6. The landlord is not liable for the renter’s personal belongings carried in the vehicle. These items are not insured.
  11. Actions in the event of traffic accidents
    1. If damages occur or if the vehicle is involved in a traffic accident, the Lessor must be immediately informed be telephone.
    2. In the event of being involved in a traffic accident, the Lessee is obliged to take all measures possible that could be helpful in explaining the events, in particular that of immediately informing the police, obtaining the license numbers of any vehicles involved, obtaining the names and addresses of any persons involved and any witnesses, making a sketch of the scene, taking photos of the vehicles involved, filling out the international accident form, etc.
    3. The Lessee is obliged to provide all of this required information to the Lessor and his insurer without hesitation and in every case immediately upon request.
    4. The Lessee is not permitted to accept liability or satisfy claims to any third party in part or fully.
  12. Indemnity from damage and claim
    1. The Lessee accepts responsibility for any damages occurring to the vehicle during the period of the contract, as well as any damages caused to third parties while using the vehicle. The Lessee is obliged to indemnify the Lessor against any claims or damages caused by such events.
    2. The Lessee is particularly liable for any damages caused by misuse of the vehicle, for all eventual consequences resulting from violations of legal or civil bans or other illegal actions inland or abroad (e.g. traffic violations or customs regulations etc.) resulting in a loss of third party insurance cover for any reason, for the excess payment in the comprehensive insurance cover, for damages to the rental vehicle not covered by the comprehensive insurance, for all damages for which the Lessor cannot be held responsible, as well as all damages caused by the Lessee allowing a third party to use the vehicle.
    3. The Lessee is liable to the Lessor for any damages caused by incorrect fueling of the vehicle or incorrect filling of the water and waste-water tanks.
  13. Other contract terms
    1. The contract is completed between the Lessor and the Lessee.
    2. Adjustments and additions to this contract can only be made in writing.
    3. If any provisions in this contract are invalid or become so, that does not result in the invalidity of the complete contract. Instead of the invalid provision an arrangement should apply, acceptable to both parties, that equals that in meaning of the affected provision.
  14. Data protection
    1. Our data protection regulations apply, these can be found on our website under www.holidayvans.at/de/datenschutzerklaerung
    2. Furthermore by using the navigation of the website the information provided by the Lessee will be saved. In the event of connecting a mobile phone to the vehicle it is possible that data from this equipment may also be saved. The Lessee is responsible for the deletion of any data belonging to him before returning the vehicle. This deletion is made by returning the navigation and bluetooth equipment of the vehicle to its factory settings. The detailed instructions to do this are found in the instruction manual which is found in vehicle document folder in the glove compartment. If the Lessee does not undertake this deletion, the data may be visible to any subsequent Lessee of the vehicle. The Lessor is not obliged to undertake any deletion or saving of any previously mentioned data! The Lessee cannot hold the Lessor liable for any misuse of any such data by third parties.
  15. Court of jurisdiction
    1. The contract completed between the Lessor and the Lessee is exclusively subject to Austrian law. The district court of Vienna is responsible for any legal disputes resulting from this contract providing no consumer protection special regulations come into force.