T&C for vehicle rental

General Terms & Conditions of the Use of the Website www.campstar.com for the Referral of Motorhome Rental Agreements

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§ 1        Object of agreement

(1)        These terms & conditions govern the contractual relationship between campstar Worldwide Camping GmbH, Stadtdeich 5, 20097 Hamburg, Germany (hereinafter referred to “campstar”), and users of the website www.campstar.com (hereinafter referred to as “Customers”), who use this platform to initiate rental agreements with parties offering motorhomes and campervans for rent (hereinafter referred to as “Providers”).

(2)        campstar itself does not offer motorhomes or campervans for rent.

(3)        campstar refers motorhomes and campervans only to consumers, not to businesses.

(4)        campstar merely provides Customers with an opportunity to initiate – and, upon vehicle acceptance, to enter into – rental agreements with German and international parties offering motorhomes and campervans for rent. Such agreements bind only Customers and Providers, whereas campstar enters into a free referral contract with Customers on the basis of these general terms & conditions.

(5)        campstar does not owe or refer travel services or packages (trips), which is why legal provisions pertaining to the travel contract (including but not limited to §§ 651 et seqq. of the Civil Code (Bürgerliches Gesetzbuch - BGB)) do not apply. Customers rent vehicles directly from Providers through referral services rendered by campstar, and they use such vehicles for their purposes on their own responsibility.

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§ 2        Closing (Customers with campstar / Customers with Providers)

(1)        Customers extend a binding offer to enter into a referral contract with campstar and to book a motorhome or campervan offered for rent by a Provider, once they click on the button “Book Now and Pay” at the end of the booking process.

(2)        The Customer’s offer is not accepted until the availability of the motorhome or campervan to be booked has been verified with the Provider.

(3)        If the Provider confirms the availability of the motorhome or campervan, campstar accepts the Customer’s offer to enter into a referral contract by sending an order confirmation as well as a voucher by email. The voucher entitles the Customer to enter into a rental agreement with the Provider. campstar bears no liability in the event that the Provider refuses to enter into an agreement with the Customer.

(4)        campstar will endeavor to send the order confirmation as well as the voucher within five business days of its receipt of the Customer’s offer. The Customer is no longer bound by its offer once this period lapses. However, the Customer is free to accept an order confirmation that it receives following such a lapse.

(5)        The Customer enters into the rental agreement with the Provider at the time of vehicle acceptance on site. Rental agreements as well as lease terms reflect the Providers’ preferences as well as the laws of the relevant country.

(6)        The Provider’s rental agreement and lease terms may be reviewed with the Provider when the rental agreement is executed on site. In the event that these general terms & conditions conflict with the Provider’s lease terms, the latter prevails.

(7)        campstar will furnish Customers with a summary of the lease terms of the Provider in question, both on its website and as part of the order confirmation. Such summary is meant to provide the Customer with an initial overview of the lease terms; campstar does not warrant that such summary of the Provider’s lease terms is complete, accurate and current, and it accepts no liability in this regard.

(8)        The Customer may not make changes to the booking after the fact.

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§ 3        Rates

(1)        The rates we post for motorhomes and campervans include VAT and are stated in EUR or the relevant local currency.

(2)        With respect to some offers from countries outside of the Eurozone, campstar provides only an approximate rate in EUR; the final rate will be billed by the Provider in the appropriate currency. If this is the case, campstar will note as much.

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§ 4        Vehicle categories

(1)        Reservations and confirmations apply to the category booked, not a specific model, with the vehicles mentioned serving as examples of a given vehicle category. Providers reserve the right to provide Customers with a vehicle of equal or greater value.

(2)        The motorhomes and campervans that Providers deliver to Customers may vary in length and height within the category booked. In cases of up-grades, campstar recommends that advance bookings for ferry crossings and parking spots be made for the largest available category. Any liability on the part of campstar for added costs and damages that result from Providers providing larger vehicles is expressly excluded.

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§ 5        Payment

(1)        Once the referral contract has been executed, the rent due to the Provider is payable.

(2)        The Customer may effect payment by credit card or such alternative methods of payment as campstar’s website may list for a given country.

(3)        campstar is entitled to collect the amount on the Provider’s behalf – and to such extent, payments to campstar are deemed to have been made to the Provider. campstar will generate a receipt that is sent by email following the transmission of the order confirmation.

(4)        campstar is neither a bank nor entitled to offer banking transactions or financial services of any kind. To offer financial services, campstar partnered with Payvision B.V., a financial institution registered in the Netherlands under No. 3707811 with the local chamber of commerce; it is licensed and subject to the oversight of the Dutch Central Bank (De Nederlandsche Bank N.V.). The services provided by Payvision may encompass (i) the execution of transactions, (ii) the collection and acquisition of monies and/or (iii) the disbursement of (third-party) funds.

By accepting these general terms & conditions, the Customer expressly recognizes and agrees to be bound by the general terms & conditions of Payvision B.V., which campstar will provide to you upon request.

(5)        Once payment has been received, the Customer is given a payment receipt, which is to be presented to the Provider along with the order confirmation and the voucher, which is a requirement for the provision of the motorhome or campervan.

(6)        Insofar, as the Customer intends to book extras and additional services, campstar will pass on such requests to the Provider. The Customer will cover any related costs directly, on site and in the local currency.

(7)        The rental rate does not include the cost of using the motorhome or campervan, including but not limited to fuel and other consumables, tolls, ferries, parking and (camping) site fees.

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§ 6        Provider failure

             In the event that a closing between the Customer and the Provider cannot proceed (e.g., as a result of the Provider’s insolvency), campstar is released from its obligations under the referral contract.

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§ 7        Cancellation

(1)        The Customer may cancel bookings only if and to the extent that the Provider’s applicable lease terms so contractually permit. The Customer must inquire with the Provider about the possibility of cancellation and any legal consequences.

(2)        The Customer may review a given Provider’s cancellation options on the website www.campstar.com. However, only the Provider’s provisions then in effect apply, and campstar bears no liability for how the cancellation options are represented in the event that they are inaccurate.

(3)        Cancellations may be communicated by email, and a notice of cancellation is deemed to have been received when the email reaches campstar during regular business hours, 9 a.m. until 6 p.m. CET, excluding legal holidays. In the event that a notice of cancellation is transmitted outside of these business hours, it is deemed to have been received at 9 a.m. on the morning of the next business day.

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§ 8        Rental period and calculation of rent

(1)        The vehicle is booked for the period confirmed by the Customer in a binding fashion. For purposes of rent calculation, each – even partial – 24-hour period counts as a full rental day. The Customer must pick up and return the motorhome or campervan at the times specified in the booking. In the event that the motorhome or campervan is not picked up, or if it is picked up late, the Customer remains liable for payment of the full agreed rental fee.

(2)        Unauthorized extensions of the agreed rental period can result in significant added costs.

(3)        The Customer owes the full agreed rental fee even if the motorhome or campervan is returned early.

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§ 9        Taking possession and returning vehicle, security deposit

(1)        When taking possession and returning the motorhome or campervan, the vehicle is to be checked for damages, missing parts and fuel level, and parties must record any relevant findings.

(2)        When taking possession of the vehicle, the Customer must deposit a security deposit with the Provider in accordance with the applicable rental agreement. Most Providers do not accept debit or prepaid cards for this purpose. In the event that the security deposit cannot be furnished in accordance with the Provider’s applicable terms, the Provider may refuse vehicle delivery while retaining its claim for payment of the rental fee in full.

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§ 10      Repairs

In the event that the rented RV breaks down or is involved in an accident, the Customer must promptly notify the Provider. Under no circumstances may repairs be completed independently without the Provider’s approval.

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§ 11      Driver’s license and driver’s age

(1)        With respect to a possible minimum or maximum driver’s age, the Provider’s lease terms apply. This is likewise true for any requirements pertaining to other credentials to be produced to the Provider, such as driver’s license and passport / photo ID. In many cases, original IDs are required, a minimum driver’s age applies, driver’s licenses (must be valid and current) and an international driver’s license is needed. campstar notes that the Provider may refuse RV delivery while retaining its claim for payment of the rental fee in full if these requirements are not satisfied.

(2)        In most cases, a second driver is excluded and may result in significant added costs.

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§ 12      Insurance

(1)        With regard to insurance (liability, comprehensive coverage), the terms specified by the Provider, as set forth in applicable legal codes, apply.

(2)        campstar notes that, in the case of numerous Providers, liability insurance abroad is limited to a set coverage sum. In their own responsibility, the Customers must determine whether the insurance terms meet their requirements. With any insured event, for which the amount of damages exceeds the applicable coverage sum under the Provider’s liability insurance policy, no insurance protection is available. However, in most cases, additional coverage may be obtained through the Provider.

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§ 13      Warranty

             campstar’s role is that of a broker, which is why it does not offer RVs for rent and, accordingly, provides no warranty for the Provider’s satisfaction of contractual obligations.

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§ 14      Liability

(1)        campstar is liable without limitation for its own performance and conduct only if and to the extent that it acts with intent or gross negligence. In cases of basic negligence, campstar’s liability is limited to breaches of duties (i) the satisfaction of which is indispensable for the consummation of the agreement, (ii) the breach of which endangers the object thereof and (iii) compliance with which the Customer may reasonably rely on (so-called cardinal obligations).

(2)        To such extent, campstar’s liability is limited to foreseeable damages typically associated with the agreement in question and capped at ten times the value of the agreement entered into between the Provider and the Customer.

(3)        The foregoing exclusions and limitations of liability do not apply to injuries to life, body or health.

(4)        The foregoing limitations of liability do not affect liability under the Product Liability Act as well as under other liability provisions imposed by law.

§ 15      Force Majeure

             campstar bears no liability in cases of Force Majeure, which include wars, civil unrest, airplane hijackings, terrorist attacks, natural catastrophes of any kind, power outages, strikes, lock-outs and similar events.

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§ 16      Miscellaneous

(1)        Legal relations between campstar and the Customer are governed by the law of the Federal Republic of Germany, to the exclusion of CISG. Consumers are bound by such choice of law only if and to the extent that the protection granted is not denied under mandatory rules of the laws of the country where the consumer is permanently domiciled.

(2)        In the event that a provision of these general terms & conditions is ineffective, the remaining provisions hereof continue in full force and effect, and the ineffective provisions are deemed to have been replaced by effective ones, as may best approximate the meaning and purpose of the ineffective provisions in economic terms. The same is true for possible gaps found herein.