T&C for vehicle rental
§ 1 Basics and definitions
(1) These General Terms and Conditions ("GTC") together with the General Terms and Conditions of Mangopay S.A., 59 Boulevard Royal, L-2449 Luxembourg ("Mangopay") and the special rental conditions concluded with the lessor in each individual case during the booking process form the contractual basis for the legal relationship between campstar GmbH, Walcherstraße 1A, 1020 Vienna, Austria ("Campstar") and users of the website www.campstar.com ("platform") who intend to conclude contractual relationships with lessors of motorhomes and campervans ("lessors") via this platform and use the platform for this purpose ("customers"). If the special rental conditions concluded with the lessor in an individual case contradict the GTC, the special rental conditions shall take precedence over these GTC.
(2) Campstar enables the customer to submit binding offers for the conclusion of a rental contract to selected commercial lessors of vehicles (motorhomes and campervans) with the help of the platform. The legal relationship thereby established from or in connection with the (rental) contractual relationship intended by the customer with the lessor, including all associated mutual rights and obligations, comes into being exclusively between the lessor and the customer (two-person legal relationship).
(3) Campstar is exclusively a contract broker.
(4) Campstar does not rent out vehicles itself. Campstar also does not offer travel services within the meaning of § 2 para 1 Package Travel Act. Campstar will, with the exception of the transmission of the customer's offer and the lessor's declaration of acceptance, not act as an agent for the customer or the lessor (both also "contracting parties"), unless campstar declares otherwise in individual cases or the GTC stipulate otherwise. All other legal declarations arising from or in connection with the (intended) tenancy are therefore to be made by the contracting parties directly to each other, as are all disputes arising from or in connection with the tenancy to be settled between them within this two-person legal relationship.
(5) Unless otherwise expressly agreed in individual cases, campstar provides contract brokerage services to the customer free of charge on the basis of these General Terms and Conditions. Campstar provides these services only to consumers within the meaning of the Consumer Protection Act (KSchG).
§ 2 Use of the platform & mediation of an offer to the customer
(1) On the platform, campstar lists commercial vehicle rental companies (motorhomes and campervans) as potential contract partners that meet the customer's search criteria. Depending on availability, the customer can direct the search request concentrated in this way to the lessor in the sense of a binding offer to conclude a rental contract with the aid of the platform ("booking request").
(2) The customer makes a binding offer to conclude a rental agreement with the lessor as soon as he clicks the "Book with commitment to pay" button at the end of the booking process and thereby triggers the transmission of the offer to the lessor.
(3) Campstar, as contract broker, forwards the booking request to the rental company in order to check in advance the respective availability of the vehicle requested by the customer with the rental company. If there is no such availability or if the rental company is not willing to contract with the customer as such or on the terms requested by the customer, campstar will forward this statement to the customer without delay ("booking cancellation").
(4) By the transmission of an express declaration of acceptance by campstar ("booking confirmation"), the hirer acquires a claim against the lessor to the conclusion of a future rental contract on the terms and conditions stated in the booking confirmation, whereby the essential nature of the object of the rental (vehicle category) and the rental price are thereby determined ("preliminary contract" within the meaning of § 936 ABGB). The relevant further (ancillary) conditions of the contractual relationship are determined by the main contract to be concluded on site upon handover of the vehicle. The preliminary contract is concluded between the hirer and the lessor; campstar is only a contract broker in this initiation.
(5) The rental contract for the vehicle, including all ancillary conditions, is concluded between the customer and the lessor on site when the vehicle is handed over to the customer in accordance with the respective rental agreement and conditions of the lessor ("main contract"). Campstar informally makes available on the platform the information provided by the lessor on the possible rental conditions of the lessor; legally binding for the basis and content of the main contract are exclusively the rental conditions handed out on site when the vehicle is handed over and those provided directly to the customer by the lessor, and the rental relationship entered into thereupon.
(6) The customer shall be bound by its rights within the meaning of § 2 Para. (2) for a period of five working days until the end of the last working day; unilateral (subsequent) changes to the booking request by the customer are not permitted without the consent of the addressed (potential or future) landlord.
§ 3 Claims of the customer
(1) The preliminary contract concluded between the contracting parties grants the customer a claim to the conclusion of a rental contract on-site at the Lessor's location for the main services specified in the preliminary contract. The subject matter of the Preliminary Agreement is, therefore, the customer's claim to the Rental Firm for i) the future conclusion of a rental agreement of the content ii) of the agreed vehicle category iii) at the start of the booking iv) until the end of the booking v) at the agreed inventory fee ("Content of the Preliminary Agreement").
(2) Insofar as reference is made in writing or by way of illustration to individual specific vehicle models or vehicle types with regard to the content of the preliminary contract in conjunction with the booking confirmation, these references shall apply exclusively as an example of the vehicle category booked and not as a commitment to conclude a main contract for an exact vehicle model. The vehicles mentioned or depicted in each case represent an example of an average vehicle of the respective vehicle category agreed in the preliminary contract. The vehicle model ultimately handed over to the customer depends on the daily availability of the rental company and is based on the rental conditions of the rental company; campstar has no influence on these circumstances as a contract broker, which the customer acknowledges and agrees to.
(3) It is clarified that the customer has to assert all his claims, rights and obligations from or in connection with the mediated tenancy (preliminary and main contract) against the lessor as his contractual partner; this applies in particular to all areas of the right of performance or the right of warranty or the bad or non-performance of the lessor from or in connection with the intended or concluded rental. The customer acknowledges that campstar is exclusively a contract broker and therefore has no direct influence on the performance obligations and actual performance of the lessor.
(4) By using the platform for the transmission of his offer, the customer has the right to proper contract mediation on the basis of these General Terms and Conditions and the conditions specified in § 1 Paragraph (1) legal basis. As a contract broker, campstar therefore owes the mere effort to bring together two potential contract partners for the conclusion of the preliminary and main contract in accordance with the contract conditions to be announced by the lessor, and no specific success.
§ 4 Obligations of the customer
(1) The customer is obliged to gather sufficient information about the contractual relationship to be established with the lessor by using the platform, in particular which rights and obligations he enters into with the rental agreement with the when concluding a rental contract (preliminary and main contract) and which he is obliged to fulfil. This includes both obligations under private law and obligations under public law of the respective country in which the customer intends to conclude his rental relationship and to whose regulations, in particular traffic regulations, he is subject when using the vehicle.
(2) The customer therefore undertakes to comply with all legal provisions arising from or in connection with the rental relationship concluded with the lessor. This applies in particular to the payment of a deposit, which is stipulated in the rental terms and conditions, and other rental provisions customary in the trade, such as collecting the vehicle at the beginning of the rental period and returning it in proper condition in accordance with the rental terms and conditions, for example with regard to fuel level, absence of damage, state of cleaning and the like. The customer indemnifies and holds campstar harmless from and against any and all claims arising from the legal relationship between the customer and the lessor.
(3) Furthermore, the customer is obliged towards campstar to comply with all public law regulations in connection with his intended rental relationship, in particular passport, visa, health, entry and exit regulations, national and international motor vehicle and insurance regulations. The customer shall indemnify and hold campstar harmless for all disadvantages resulting from non-compliance with these regulations.
§ 5 Prices, payment and due date
(1) The payment terms available for payment of the fee shall be stated in advance as part of the booking process; the payment terms agreed in the individual case shall be based on the booking request of the customer and the booking confirmation confirming this request.
(2) The prices shown on the platform for the contractual relationship offered by the Rental Firm include any value added tax and are stated in euros or the respective national currency. The fee (inventory fee for the use of the vehicle including taxes and duties) shall be stated to the customer at the latest on the last page prior to the transmission of the booking request and shall be determined by the transmission of the booking confirmation.
(3) If the prices announced by the Lessor are not in euros but in the Lessor's national currency, an informal conversion into Euros shall be made; in this case, however, the respective national currency shall be an integral part of the contract and shall be decisive as the final payment. In this case, the fee to be paid by the Hirer shall be paid exclusively in the national currency of the Lessor. Any charges invoiced by the payment service provider or the customer's bank in the form of manipulation fees shall be borne by the customer.
(4) Upon conclusion of the preliminary contract (receipt of the booking confirmation by the customer), 20% of the fee payable to the lessor shall become due. The remaining 80% of the fee shall be due no later than 180 days before the start of the booking period stated in the preliminary contract. These payments shall be credited against the resulting payment obligation of the customer upon conclusion of the main contract.
(5) Campstar is neither a bank nor authorised to offer banking transactions and financial services of any kind. Such payments are therefore made via the payment service provider Mangopay ("Payment Service Provider"). By accepting these General Terms and Conditions and submitting the booking request, the customer expressly agrees to accept the General Terms and Conditions of Mangopay, which form an integral part of the contractual relationship between campstar and customers on the one hand, and the customer and the landlord on the other.
(6) The customer instructs the payment service provider involved in the contractual relationship and campstar and instructs them both unilaterally and irrevocably to accept the entire payment for the lessor via the aforementioned payment service provider and to pay it to the lessor after receipt at a time agreed between campstar and the lessor - with deduction of any commission to be determined between the lessor and campstar by means of a separate agreement, which is to be paid to campstar.
(7) After receipt of payment by the payment service provider, the customer receives a booking confirmation. Booking confirmation and proof of full payment of the fee are, unless the rental conditions of the landlord for the customer determine more favorable, a prerequisite for the conclusion of the main contract on site with the landlord.
(8) With the payment, the inventory fee in the sense of the preliminary contract is settled by offsetting it against the main contract to be concluded in the future. All other possible costs of the vehicle and all other expenses associated with it, in particular consumption-dependent costs for operating materials and fuel, tolls, fines and penalties, parking spaces, campsites or ferries are not included in the inventory fee.
§ 6 Withdrawal from the contract
(1) The customer acknowledges that according to Section 18 (1) (10) FAGG, services in the areas of the rental of motor vehicles and those provided in connection with leisure activities are excluded from the right of withdrawal according to the FAGG, provided that in each case a specific time or period is contractually stipulated for the performance of the contract by the entrepreneur. A right of withdrawal ("cancellation option") therefore does not exist in principle under Austrian law.
(2) Any further right to withdraw from the contract ("cancellations") of the booking made by the customer that is more favorable for the customer shall be governed by the contractual relationship concluded with the lessor in accordance with the lessor's rental terms and conditions. An overview of the cancellation options of the respective lessor stipulated according to the respective rental conditions can be viewed by the customer on the website www.campstar.com. However, only and exclusively the terms and conditions concluded with the landlord in each individual case apply. Campstar, as the hosting provider, is not liable for any incorrect presentation of the cancellation option, provided that the information was provided by the lessor on the platform.
(3) Campstar agrees, as contract broker and messenger, to receive cancellation requests from the customer by e-mail and to forward them to the landlord during campstar's opening hours and to forward his reply back to the customer.
(4) The customer acknowledges that in cases where technical errors have occurred in the electronic communication from the customer to campstar and/or from campstar to the landlord and/or in cases of overbooking due to the receipt of simultaneous bookings in the name of the landlord, campstar is entitled to cancel booked services of the customer within a period of 96 hours after receipt of the booking confirmation without replacement, insofar as this right of the landlord is based on the concluded rental relationship. This applies, in particular, to the lessor's right to contest the contract on the grounds of error. In this case, the customer shall, in any case, be refunded any payments already made. Further claims from the customer, irrespective of the legal grounds, are excluded unless the rental conditions of the lessor provide more favorable conditions for the customer.
§ 7 Rental period and rental price calculation
(1) Based on the Preliminary Agreement, a vehicle of the vehicle category specified in the Preliminary Agreement is reserved for the period confirmed to the Customer (the day of the beginning and the day of the end of the lease).
(2) The exact time of the beginning and the end of the rental relationship (restitution) is determined by the main rental agreement to be concluded with the Lessor.
(3) The customer is obliged to collect the vehicle at the booked time and to return it at the agreed time. If the vehicle is not collected or is collected late or if it is returned early, the customer remains obliged to pay the agreed fee to the lessor in full under the terms of the preliminary contract in the sense of a penalty payment.
§ 8 Warranty & liability provisions
(1) As an intermediary, campstar is not the lessor of the vehicle and accordingly assumes no warranty for the contractual services of the lessor arising from the preliminary or main contract. Campstar only warrants to the customer that the offer formulated by the customer will be forwarded to the lessor and, vice versa, that the lessor's booking confirmation will be forwarded to the customer. Campstar thus exclusively provides mediation services and initiates potential contractual relationships.
(2) All information provided by campstar on the platform has been compiled with the utmost care on the basis of the information provided by the landlords. As host provider, campstar is not liable for any errors in data collection or data transmission made by third parties on the platform.
(3) The information on campstar is provided by the operators. Each operator bears sole responsibility for the accuracy, completeness and up-to-dateness of the information posted by the operator. This applies in particular to prices and availability. Campstar's liability and warranty for information posted on the platform by the operator is excluded.
(4) Campstar is liable for property damage and financial loss resulting from contract brokerage for its own services and its own conduct within the scope of its brokerage services without limitation only for intent and gross negligence. Campstar is only liable for slight negligence in case of breach of such obligations, the fulfilment of which enable the proper execution of the contract in the first place, the breach of which endanger the achievement of the purpose of the contract and the compliance with which the customer can regularly rely on (so-called cardinal obligations).
(5) The above exclusions and limitations of liability do not apply in the event of culpable injury to life, limb or health that can be adequately attributed to campstar.
(6) Campstar is not liable for cases of force majeure. This includes in particular wars, riots, aircraft hijackings, terrorist attacks, natural disasters of any kind, power cuts, strikes and the like.
§ 9 Insurance brokerage
(1) Campstar is entitled to annex brokering of minor insurance services. This includes both the mediation of the conclusion of an insurance contract existing between the customer and an insurer, as well as indirectly in the form of the insured position of the customer through a group insurance contract previously concluded by campstar.
(2) By selecting the insurance benefits offered for mediation in the individual case during the booking process and by confirming that he/she wishes to make use of the mediated insurance benefits, the customer gives campstar the order to mediate the insurance benefits described in more detail therein and submits to the business and insurance conditions of the insurer stated in the booking process.
(3) The insurance contract and the insurance relationship shall in any case be concluded exclusively between the customer and the insurer, namely upon transmission of the corresponding insurance confirmation by the insurer. The customer shall address all claims arising from or in connection with the insurance relationship exclusively to the insurer stated in the booking confirmation and shall fulfil all obligations towards the insurer resulting from this insurance relationship.
(4) In particular, the customer declares the following:
a. The customer submits to the insurance and contract conditions of the respective insurer listed in the booking process prior to the conclusion of the booking request and confirms that he/she has read and accepted them;
b. In the event that the insurance benefit is limited in terms of territorial validity to the rental of vehicles in the European Union, Switzerland, or Liechtenstein, the customer declares that he has his habitual residence there;
c. The customer confirms that he has read and understood the provisions on the statutory right of withdrawal;
d. The customer undertakes to settle all claims directly with the insurer and to fully indemnify and hold campstar harmless from and against any and all claims arising from or in connection with the culpable breach of the customer's obligations under the insurance relationship;
e. Finally, the customer declares to have read and accepted the respective privacy policy of the insurer.
§ 10 Final provisions
(1) The legal relationship between campstar and the customer is exclusively subject to substantive Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the international rules of reference. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(2) If a provision of these GTC is ineffective, the remaining provisions remain unaffected. The customer and campstar undertake to replace the ineffective provision with one that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to possible loopholes.
(3) The original of these contractual provisions are drawn up in German. The present provisions in translated language are for information only (working translation). The provisions in the German language alone shall be an integral part of the contract.
Cancellation policy and cancellation form
Contract brokerage order (service contract Campstar - customer)
§ 11 Right of withdrawal
You have the right to revoke this contract (service contract with order for contract mediation) within fourteen days without giving reasons.
The cancellation period is fourteen days from the day of the conclusion of the contract (sending of the booking confirmation).
To exercise your right of withdrawal, you must inform us (campstar GmbH, Walcherstraße 1A, 1020 Vienna, Austria, info@campstar.com, +44 2033 1821 95) of your decision to withdraw from this contract by means of a clear declaration (e.g. letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
§ 12 Consequences of revocation
If you withdraw from this contract, we must return all payments we have received from you for our service, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
§ 13 Sample cancellation form
(If you wish to cancel the contract, please fill in and return this form)
1.) To campstar GmbH, Walcherstraße 1A, 1020 Vienna, Austria, info@campstar.com:
2.) I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
3.) Ordered on (*)/received on (*)
4.) Name of the consumer(s)
5.) Address of the consumer(s)
6.) Signature of the consumer(s) (only in the case of notification on paper)
7) Date
(*) Please delete where inapplicable.
Information about the non-existence of a right of withdrawal according to § 18 FAGG
(Renting of motor vehicles, lessor - customer)
§ 14 Instrucction
You intend to conclude a preliminary or main contract with a commercial lessor, the content of which is the rental of motor vehicles at a certain point in time.
In principle, under Austrian law, consumers have the right to withdraw from a contractual relationship within a period of 14 days under certain conditions in the case of distance and outbound transactions, in particular when booking via the internet.
However, according to section 18(1)(10) FAGG, the consumer has no right of withdrawal in the case of distance or off-premises contracts for services in the field of "rental of motor vehicles", provided that in each case a specific time or period is contractually provided for the performance of the contract by the trader.
The customer is therefore expressly informed that a right of withdrawal under Austrian law is excluded for the present contractual relationship concluded with the lessor.
§ 15 Acknowledgement by the customer of receipt of these instructions
Before the consumer is bound by a contract or his contractual declaration, the trader must inform him in a clear and comprehensible manner about the non-existence of a right of withdrawal under section 18 FAGG.
The consumer confirms that he has received this information and instruction before sending his booking request and that he has been expressly informed about the non-existence of a right of withdrawal.
Cancellation policy pursuant to § 5c VersVG (insurance relationship customer - HanseMerkur Reiseversicherung AG)
§ 16 Information about the right of withdrawal
You can withdraw from your insurance contract in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons.
The withdrawal period begins with the notification of the conclusion of the insurance contract (= sending of the policy or insurance certificate), but not before you have received the insurance certificate and the insurance conditions, including the provisions on the setting or amendment of premiums, and this instruction on the right of withdrawal.
The notice of withdrawal is to be sent to:
HanseMerkur Reiseversicherung AG
Siegfried-Wedells-Platz 1, 20354 Hamburg
Fax: 040 4119-3030
Email: reiseinfo@hansemerkur.de
In order to comply with the withdrawal period, it is sufficient that you send the declaration of withdrawal before the expiry of the withdrawal period. The declaration is also effective if it comes into the power of your insurance agent.
With the withdrawal, any insurance cover already granted and your future obligations under the insurance contract shall end. If the insurer has already granted cover, it shall be due a premium corresponding to the period of cover. If you have already paid premiums to the insurer that exceed this premium, the insurer must repay them to you without deductions.
Your right of withdrawal expires at the latest one month after you have received the insurance policy including this instruction on the right of withdrawal, unless this instruction would be so faulty that it deprives you of the possibility of exercising your right of withdrawal under essentially the same conditions as if the instruction had been correct.
Cancellation policy pursuant to § 5c VersVG (insurance relationship customer - AWP P&C S.A.,)
§ 17 Information about the right of withdrawal
You can withdraw from your insurance contract in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons.
The withdrawal period begins with the notification of the conclusion of the insurance contract (= sending of the policy or insurance certificate), but not before you have received the insurance certificate and the insurance conditions, including the provisions on the setting or amendment of premiums, and this instruction on the right of withdrawal.
The notice of withdrawal is to be sent to:
AWP P&C S.A., branch office for Austria
Hietzinger Kai 101-105, 1130 Vienna
Phone: +43-1/525 03-7
Fax: +43 1 525 03 885
Email: service.at@allianz.com
In order to comply with the withdrawal period, it is sufficient that you send the declaration of withdrawal before the expiry of the withdrawal period. The declaration is also effective if it comes into the power of your insurance agent.
With the withdrawal, any insurance cover already granted and your future obligations under the insurance contract shall end. If the insurer has already granted cover, it shall be due a premium corresponding to the period of cover. If you have already paid premiums to the insurer that exceed this premium, the insurer must repay them to you without deductions.
Your right of withdrawal expires at the latest one month after you have received the insurance policy including this instruction on the right of withdrawal, unless this instruction would be so faulty that it deprives you of the possibility of exercising your right of withdrawal under essentially the same conditions as if the instruction had been correct.
