General Terms and Conditions of Business and Rental 

Status December 2022

1.    Documents relevant to the contract

The documents relevant to the contract for the rental of campervans on a self-drive basis are in the order stated:

-          The campavista booking confirmation (by e-mail)

-          The complete vehicle handover and return protocol signed by both contracting parties.

-          These General Terms and Conditions of Business and Rental

2.    Contractual partners, applicable law

The rental contract is concluded between the campavista rental company named in the rental contract or the campavista concessionaire and the renter(s) also named in the rental contract. Several renters are jointly and severally liable for all possible claims arising from the rental contract. A transfer or assignment or rights from this contract or a subletting to other vehicle users or third parties is not permitted without the prior, explicit and written consent of campavista.

The rental contract shall be governed by the law of the respective place of rental, unless mandatory consumer protection provisions stipulate otherwise, for example the law of the usual place of residence of the renter(s). The application of the UN Convention on Contracts for the International Sale of Goods or private international law is excluded in all cases. 

3.    Basis of contract and business

The basis of the rental contract is the rental of self-drive campers for private holiday trips, without campavista acting as a tour operator. It is rather the basis of the contract that the renter arranges his trip on his own responsibility and in compliance with all legal regulations applicable in the country of rental, taking into account the restrictions mentioned under 7. Accordingly, the statutory package tour regulations of §§ 651 a-y BGB do not apply. 

Any commercial use of the campervan requires the prior, express and written consent of campavista. 

4.    Rental price, deposit

The rental price consists of the daily rental price, the price for any booked equipment, laundry, etc., any liability reduction and the service fee. The prices result from the price overview on the website www.campavista.com and the booking confirmation. The rental price is to be paid in advance in cash, taking into account the deposit according to the booking confirmation. In the event of late collection or early return of the vehicle, no pro rata refund of the rental price will be made.

In addition, the renter undertakes to pay a non-interest-bearing deposit of € 1,500 by bank transfer or by using a credit card before the start of the rental period and the handover of the vehicle to campavista. campavista is not obliged to invest the deposit separately from its assets. The deposit will be settled no later than 4 working days after the return of the vehicle, taking into account any damage.

Proof of payment for the rental price and ancillary services as well as for the deposit must be presented to campavista when the vehicle is handed over, otherwise campavista will refuse to hand over the vehicle. 

The rental price includes the use of the vehicle, if necessary plus equipment etc. in accordance with the rental contract / booking confirmation or these General Terms and Conditions and Rental Conditions and includes the costs for wear and tear repairs, maintenance and the agreed insurance cover.

The renter authorizes campavista to charge and collect all payments owed under this rental contract as well as claims for damages and handling fees from the credit card on file. 

5.    Cancellation

If the renter withdraws from a binding completed booking, the following is agreed:

·         Up to 48 h after booking the cancellation is free of charge and the tenant gets his deposit back 

·         From 3 days to 60 days before the beginning of the rental period, 30% of the total price is due as cancellation fee. 

·         from 30-59 days before the beginning of the rental period 50 % of the total price will be charged as cancellation fee. 

·         from 29 days before the beginning of the rental period, 100 % of the total price is due as cancellation fee and remains with campavista.

6.    Vehicle handover and vehicle return

The vehicle will be handed over to the renter and the vehicle will be returned to campavista at the end of the rental period at the locations specified on the booking confirmation, unless otherwise agreed at least in text form between the renter and campavista. The camper van must be taken over by the renter punctually on the agreed date at the location defined in the rental agreement or the booking confirmation. A tacit extension of the rental agreement is not agreed. 

If the rented vehicle is not returned on the date agreed in the rental contract or the booking confirmation and if the renter does not immediately inform campavista of the reason for the late return, campavista must assume that the renter is using the rented vehicle illegally. In this case, campavista is entitled to file a criminal complaint with the responsible authorities.

When the vehicle is handed over and taken back, the camper will be thoroughly inspected inside and out by the renter and the campavista service employee, checked for contractual condition and any previous damage and a report will be drawn up which will be signed by both contracting parties. In addition, the campavista service employee will instruct the vehicle. 

The vehicle is handed over to the renter with a full fuel and service water tank (attention - no drinking water! ), with 1 key, the registration (copy is permissible), operating instructions, warning waistcoats, warning triangle and first aid kit. In this respect, the renter undertakes to return the vehicle with a full fuel tank, 1 key, the registration, operating instructions, high-visibility vest, warning triangle and first-aid kit.

According to the manufacturer's instructions, Adblue should only be filled up when the on-board computer indicates this. In this respect, the renter is obliged to fill up with Adblue immediately when the corresponding warning lamp lights up and to obtain a receipt. The costs incurred for Adblue in accordance with the receipt will be reimbursed to the renter together with the deposit statement. 

Furthermore, the renter is obliged to top up the engine oil immediately when the corresponding symbol lights up in the cockpit. The renter must inform himself/herself about the quality and viscosity of the engine oil by inspecting the operating instructions and the corresponding sticker in the engine compartment and top up the oil exactly as required. The costs incurred for engine oil according to the receipt will be reimbursed to the renter together with the deposit statement. The renter is responsible for topping up any missing cooling water in accordance with the manufacturer's instructions.

Apart from any previous damage noted in the handover report, the renter owes Campavista a faultless return of the vehicle on the agreed return date. The basis for the owed condition of the vehicle upon return is the handover protocol at the beginning of the rental period. Upon return of the vehicle, a detailed inspection of the vehicle from the inside and outside will also take place, any defects that have occurred will be recorded and a corresponding vehicle return protocol will be drawn up. 

The vehicle is to be handed over broom-clean, with emptied toilet, emptied grey water tank, clean sink crockery & cutlery, cooker free of residues, as far as booked removed bed linen and free of waste. 

With regard to damage that was discovered upon return and was not noted in the handover protocol at the beginning of the rental period, the liability of the renter is presumed, unless the renter can prove that the damage already existed when the vehicle was handed over.

The renter has to be personally present at the handover and return of the vehicle. If the renter culpably fails to comply with this obligation, he/she must accept any legal disadvantages against him/her. 

If the renter culpably lets the agreed return date pass and campavista suffers damage as a result (e.g. claims for damages by the subsequent renter, loss of profit, etc.), the renter undertakes to compensate campavista for this damage.

7.    Restrictions and prohibitions of use 

The following restrictions or prohibitions of use have been agreed: 

-          The campervan may not be used for commercial purposes, e.g. as a sales or competition office, etc., without the express consent of campavista (see 3.).

-          The use of car ferries is prohibited, as experience has shown that manoeuvring a camper van on a ferry is a major cause of accidents and damage. 

-          Shuttle services or shuttle services as well as use e.g. for transport purposes (moving house) are prohibited.

-          The vehicle must not be used for the commission of criminal offences, customs offences, etc.

-          The vehicle may not be driven under the influence of drugs or alcohol in accordance with the applicable national regulations. The same applies in the event of illness of the driver(s).

-          Modification of the external appearance, e.g. by removing or covering the campavista advertising. 

-          Changes to the permanently installed interior fittings

-          Riding on unpaved roads (e.g. gravel roads) is not permitted.

-          Smoking is totally forbidden in the camper

-          Bringing animals of any kind (including pets) is not permitted

An infringement entitles campavista to extraordinary termination and may trigger a liability for damages on the part of the renter.

If, at the time of handing over the vehicle to the renter, campavista has any indications that the renter will use the camper contrary to the aforementioned restrictions and prohibitions, campavista is entitled to terminate the rental contract for cause.  

Use as a home office during the holiday trip is not subject to the aforementioned restrictions. 

8.    Spatial use

The camper may only be used on public, paved roads in the European Union as well as Andorra and Switzerland, taking into account the ban on using ferries. There is no insurance cover for the vehicle for all other states. 

9.    Liability and obligations of campavista 

campavista renders its services with the diligence of a prudent businessman.

campavista as well as its representatives and vicarious agents are only liable in cases of intent or gross negligence according to the legal regulations. Campavista accepts no liability for the renter's belongings left behind in the vehicle when it is returned.

In case of impossibility, campavista can refuse the service, provided that campavista is not at fault.  This is especially the case if the vehicle has been damaged before the beginning of the rental period due to an accident, damage by the previous renter or as a result of force majeure (e.g. due to extreme weather events) in such a way that it is no longer usable and a repair or replacement before the beginning of the rental period was no longer possible or would have required an effort which, taking into account the rental period and the agreed total rental price and the principle of good faith, is grossly disproportionate to the renter's interest in performance. Any services received from the renter shall be reimbursed to the renter in the event of impossibility.

10. Requirements for the renter, duties of the renter

For the duration of the rental period, the renter is considered the owner of the vehicle, i.e. he/she is solely responsible for all traffic violations and accidents during the rental period and indemnifies campavista internally from all claims brought against campavista resulting from traffic violations, accidents, etc., be it civil law claims or fines and warning fees as well as any court costs incurred. 

During the rental period, the renter is obliged to continuously check the operational capability of the vehicle. This includes oil and coolant levels, fuel and AdBlue levels, tyre pressure and the condition of the tyres. Any warnings given by the vehicle via the on-board computer must be taken seriously and checked. In case of doubt, the renter is obliged to contact campavista via the hotline.  If the renter does not comply with these obligations, he/she is liable for all consequences resulting from the omission of these obligations.

All drivers must be entered as such in the rental contract. For this purpose, the corresponding original driving licences (see below) must be presented when the vehicle is handed over.

All drivers must be at least 25 years of age and have been in possession of a valid driving licence issued in a country of the European Union for driving a campervan for at least 2 years (e.g. in Germany driving licence class 3 or B).

The camper may only be driven by the drivers named in the rental contract. If the renter allows an unauthorised driver to drive the camper van, he/she is in breach of these General Terms and Conditions of Business and Rental with the consequence that the renter is jointly and severally liable for any damage alongside the unauthorised driver. We expressly point out that for unauthorised drivers, apart from the statutory liability, there is no insurance cover (partial / fully comprehensive) for the renter and the vehicle. 

The renter must treat the camper with care and observe all regulations relevant to its use as well as the vehicle manufacturer's specifications (e.g. in the operating instructions). This includes, in particular, always locking the camper properly and protecting the vehicle and equipment against theft. When moving the vehicle, ensure that the gas bottle is adequately secured. 

The renter and any passengers are responsible for ensuring compliance with the current foreign exchange, health, toll, passport, visa, traffic and customs regulations. Any disadvantages resulting from the disregard of the aforementioned regulations (e.g. confiscation of the vehicle, imprisonment, etc.) will be borne by the renter and any passengers as joint and several debtors and will indemnify campavista internally against all claims.

Smoking is not permitted in the rental vehicles. If the smoking ban in the rental vehicle is disregarded, 500€ will be retained from the deposit to compensate for the loss in value and to have a professional smoke residue removal carried out. The renter is permitted to prove that no damage has occurred at all or that the damage is considerably less than the special cleaning fee.

The bringing of pets, especially dogs, is not permitted under any circumstances. In the event of non-compliance, the renter will be charged € 500 for the increased cleaning effort and loss of value of the vehicle (pet hair removal, ozone treatment, etc.).

11. Liability of the renter and insurance cover

In the event of accidents, loss, theft or improper operation of the rental vehicle (e.g. driving on unpaved roads) or breach of contractual obligations, the renter shall be liable for the repair costs incurred as a result, in the event of total loss for the replacement value of the rental vehicle less residual value, unless the renter is not responsible for the occurrence of the damage. In addition, the renter shall also be liable for any consequential damage incurred, in particular depreciation, loss of rental income, towing and salvage costs as well as expert fees. The renter shall not be liable if neither he nor the driver is responsible for the damage.

The rental vehicle is covered by third party liability and fully comprehensive insurance. The cover sum of the liability insurance is € 50 million.

campavista is authorised to fulfil or ward off claims for damages asserted against the renter on the renter's behalf and to make all declarations deemed expedient for this purpose within the scope of dutiful discretion.

If claims are asserted against the renter out of court or in court, the renter is obliged to report this immediately after the claim has been made. In the case of claims asserted in court, campavista will be left to conduct the legal dispute. campavista is entitled, but not obliged, to appoint a lawyer in the name of and at the expense of the renter, to whom the renter has to give a power of attorney as well as all necessary information and to provide the requested documents.

The insurance covers accidental damage, i.e. damage caused by a sudden and direct external event with mechanical force; operational damage and pure breakage do not constitute accidental damage. Likewise, any damage between towing vehicle and trailer without external influence is not considered accidental damage.

In particular, any separately agreed reduction in liability does not cover damage caused by a switching error or incorrect fuelling (water tank or diesel fuel tank), improper use (such as driving on unpaved roads and paths) or cargo including bicycles.

Damage caused by operating errors, e.g. to the awning, the interior and the installation (heating, plumbing, electrical), in particular in the event of incorrect refuelling (e.g. diesel in the water tank or vice versa or refuelling with the wrong type of fuel), improper use or damage caused by cargo (including bicycles) are also not covered by any separately agreed reduction in liability. 

The renter is fully liable - and regardless of fault - for the following damages:

Tyre damage: Any costs incurred for the towing service, the tyres themselves or the fitting of the tyres must also be borne by the renter. 

Stone chips in windscreens: Stone chips in windscreens are either repaired or the windscreen is replaced according to the assessment of a specialist company.

Damage to the interior of the vehicle

Other damage: Damage caused by driving on unpaved roads, including the resulting costs such as for recovery, towing or tyre damage. 

There is no insurance cover for damage to the vehicle caused by the illegal use of ferries in accordance with these GTC. These damages are to be borne by the renter and reimbursed to campavista. 

The renter shall be fully liable in the event of wilful breach of the contractual obligations, in particular for damage caused when the vehicle is used by an unauthorized driver or when the hired vehicle is used for prohibited purposes. If the renter has committed a hit-and-run offence or has breached his obligations in accordance with clause 12 and the insurance company invokes an exclusion of liability, he shall also be fully liable unless the breach has no influence on the determination of the claim. In the event of a grossly negligent breach of a contractual obligation, the renter shall be fully liable if he causes damage. The burden of proof for the non-existence of gross negligence shall be on the Renter.

Apart from that, the renter is liable according to the legal regulations. This also includes the damage incurred by campavista due to the loss of booked follow-up rentals of the vehicle (loss of profit).

The car rental shall estimate and settle damages on the basis of cost estimates provided by an authorized workshop in the respective country or by its own specialist personnel using damage calculation software that is customary in the respective country (e.g. SilverDAT3 in Germany) or on the basis of the cost structure of an authorized workshop at the location of the vehicle.

A handling fee of 89€ will be charged for the handling of any kind of damage incurred during the rental period, which has to be processed by the car rental.

Parking the campervan before the end of the rental period without an appointment for vehicle return with campavista is at the renter's own risk, irrespective of whether or not this is the location of the vehicle handover. The renter is liable for any damage that occurs until campavista takes back the vehicle at the end of the agreed rental period.

Information on handling fees and lump sums for damages:

Loss of the vehicle registration document or the corresponding country document: € 250,-. 

Loss of the vehicle key € 1.000,-.  

Settlement damage per case: € 89

Processing of traffic violations, non-payment of tolls, etc. € 69,-.

Waiting time of our service employee in case of late collection or return of the rental vehicle not agreed with campavista: € 69,- per hour or part thereof. The first 30 minutes are not taken into account as waiting time. 

Exceeding the rental period due to late return: € 69,- per hour or part thereof

Reminder fees for late payment: € 10,-. 

Costs for collection of the vehicle: € 2,- /km plus personnel costs for collection 2 employees for € 69,-/h each.

Cleaning costs for heavily soiled upholstery or stains: Billing according to expenditure

Non-compliance with the smoking ban or the ban on bringing animals: € 500,-.

The renter authorizes campavista to deduct the above-mentioned amounts directly from the deposit or to charge the renter's credit card for the corresponding amount.

The renter shall indemnify the car rental against all fines, warnings, fees and other judicial or official costs levied on the car rental on the occasion of such infringements.

12. Tolls & Co.

The renter bears all tolls and other regional charges directly. Should toll claims be made to campavista, these will be charged to the renter retrospectively in a similar way to traffic violations plus a lump sum of € 69.

13. Behaviour in the event of accidents, theft, fire, animal damage and breakdowns, etc.

In the event of an accident, theft, fire, animal damage or other damaging events, the renter must immediately inform the police - even in minor cases - and call in the police to establish the facts. In addition, the renter will immediately inform campavista about the facts and possible damages including photos via Whatsapp or e-mail. In case of low data transmission possibilities, campavista has to be informed by phone. This also applies to self-inflicted accidents without the involvement of third parties. Irrespective of this, the renter is obliged to inform campavista immediately, but no later than 24 hours after the incident, about all details in writing or electronically using or following the accident report provided with the vehicle documents, including a sketch of the course of the accident and photos.

If repairs are necessary during the term of the rental contract, which serve to ensure or restore the operational and/or road safety of the vehicle, these may only be ordered by the renter with the prior consent (at least in text form, verbal consent is not sufficient) of campavista. Upon presentation of appropriate receipts, the repair costs will be borne by campavista, unless the renter is liable for the damage.

In the event of an accident, theft, fire, animal damage or other damaging events, the deposit will be retained by campavista until the question of guilt between campavista and the renter has been settled either by mutual agreement or by a legally binding court decision.

14.  Extraordinary termination 

The car rental is entitled to extraordinary termination of the tenancy agreement for good cause. Good cause is deemed to be in particular:

·         the considerable deterioration of the renter's financial circumstances, in particular already in the event of the submission of an affirmation in lieu of an oath or the existence of over-indebtedness within the meaning of the Insolvency Code,

·         enforcement measures directed against the renter

·         improper and unlawful use of the vehicle / rental object,

·         For disregard of the car rental's usage guidelines, see clause 7,

·         Schufa entry or a similar registry

·         if the renter intentionally damages a rental vehicle, culpably conceals or attempts to conceal damage to the vehicle caused by the renter, intentionally damages campavista or uses a rental vehicle in or for the commission of criminal offences.

If campavista terminates the contract for an important reason, the renter is obliged to immediately return the vehicle to campavista in accordance with the provisions under no. 6, including vehicle documents, all accessories and all vehicle keys. In this case, the renter agrees to the seizure of the vehicle.

In the event of termination for cause, no refund of the unused rental payment will be made. Instead, campavista is entitled to retain the unused rental payment as security for the repair of possible damages and compensation for lost profit.

15. Data protection 

In the context of the execution or fulfilment of the rental contract, it is necessary that campavista processes personal data of the renter with the help of a booking software. The scope of data processing as well as the relevant legal basis and further information according to article 13 DSGVO can be found in campavista's privacy policy. This is available at: www.campavista.de/datenschutz 

As a matter of principle, data will not be passed on to third parties. Exceptions are requests for information from state authorities in connection with traffic violations and e.g. from toll or car park operators and refinancers or third parties who enter into the contract instead of campavista.

By using the navigation device installed in the vehicle, the data entered by the renter during the rental period will be stored in the rental vehicle. The same applies to telephone numbers and text messages etc. when the renter's own mobile phone or smartphone is connected to the vehicle. If the renter wishes to delete his/her navigation and telephone data after returning the vehicle, he/she must ensure that this is done before taking back the vehicle. Deletion is possible in the communication system of the vehicle, if necessary with the help of the operating instructions in the glove compartment. Campavista is neither obliged to check whether the renter's data are available in the communication system nor to delete them. 

The renter is aware that modern vehicles transmit technical parameters of the vehicle, such as fuel level and consumption, tyre pressure, operating fluid levels, mileage and location to the manufacturer. 

16. Final provisions and severability clause

Amendments and supplements to contracts and their annexes (e.g. handover protocols) must be made in writing. Verbal subsidiary agreements do not exist. This also applies to the waiver of the written form requirement. 

Offsetting against claims of the Lessor is only possible with undisputed or legally established claims of the Lessee.

Any GTCs of the renter that conflict with these GTCs and rental conditions shall have no legal effect. 

campavista is entitled to assign rights and obligations from a rental contract to a third party (including another car rental) for the purpose of refinancing, for example, with the consequence that the third party then becomes the contractual partner of the renter. The renter already declares his irrevocable consent to this transfer of contract. The same applies to a reassignment of the rights and obligations from the rental contract to campavista by the refinancer or third party.

The place of jurisdiction, if permissible, shall be the judicial district in which the place of delivery of the vehicle is located. 

Should a clause of this contract be or become invalid or incomplete, the legal validity of the remaining provisions shall remain unaffected. The invalid or incomplete clause shall then be replaced by a provision that comes as close as possible to the intention of the contracting parties and the economic purpose at the time of conclusion of the contract.