These general Terms and Conditions shall take effect from: 01.09.2019
§ 1 Object of agreement
(1) These terms & conditions govern the contractual relationship between campstar GmbH, Walcherstraße 1A, 1020 Vienna, Austria (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 offers the customer the possibility to initiate rental contracts with Austrian and international campervan providers via the website www.campstar.com and to conclude such contracts upon pick-up of the vehicle. The rental contract is concluded exclusively with the providers of the rental vehicles. In this respect, the customer and campstar are solely bound by a free brokerage contract on the basis of these General Terms and Conditions.
(5) Campstar does not owe and does not mediate travel services or packages (trips). Therefore, the legal provisions regarding the travel contract do not apply. The customer only rents the vehicle from the respective provider through referral services rendered by campstar and uses the vehicle on his own responsibility for his own purposes.
§ 2 Closing of the contract (customer with campstar/customer with providers)
(1) Customers extend a binding offer to enter 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 a booking 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 endeavour to send the booking confirmation and the voucher within 5 working days after the day of receipt of the customer's offer. After this period, the customer is no longer bound to his offer. However, the customer is free to accept a booking confirmation received after the expiry of the deadline.
(5) The customer concludes this rental contract with the provider on site at the time of taking over the vehicle. The rental contract and the rental conditions are individually designed by the respective provider and are subject to the law of the respective 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 provide Customers with a summary of the lease terms of the provider in question, both on its website and as part of the booking 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) A subsequent change of the booking by the customer is excluded.
§ 3 Rates
(1) The rates we display for motorhomes and campervans include VAT and are stated in EUR or the relevant local currency.
(2) However, for some offers from countries outside the euro zone, campstar only states an approximate price in euros. The settlement with the provider will be made in the respective national currency. Campstar explicitly points this out in each case.
§ 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 campervans and motorhomes handed over to the customer by the provider may vary in length and height within the booked category or in the case of upgrades. When booking ferries and pitches in advance, campstar recommends reserving the option for the largest vehicle category in each case. Campstar excludes liability for additional costs and damage caused by the provision of larger campervans by the providers.
§ 5 Payment
(1) 20% of the booking value is due upon the conclusion of the brokerage agreement. The remaining balance (80% of booking value) is due on the final payment date, which is no later than 60 days prior to the departure date.
(2) The customer has the option of paying by credit card as well as, if applicable, the alternative payment methods in the individual countries as indicated on the campstar website.
(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 payment receipt that is sent by email following the transmission of the booking confirmation.
(4) campstar is neither a bank nor authorised to offer banking transactions and financial services of any kind. To offer financial services, campstar partnered with Mangopay S.A., 59 Boulevard Royal, L-2449 Luxembourg. By accepting these General Terms and Conditions, the customer expressly agrees to accept and be bound by the General Terms and Conditions of Mangopay S.A..
Campstar has entered into a partnership with Mangopay S.A. to provide financial services. Mangopay S.A. is a financial institution registered in Luxembourg under number B173459 in the Luxembourg Trade and Companies Register. The services provided by Mangopay S.A. may include, but are not limited to, (i) the settlement of transactions, (ii) the collecting and acquiring of funds and/or (iii) the disbursement of (third party) funds.
(5) Once payment has been received, the customer is sent a booking confirmation which must be presented to the rental company along with the voucher, which is a requirement for the provision of the motorhome or campervan.
(6) If the customer is to purchase extras and/or additional services, the associated costs are to be paid either to campstar, or directly at the pick-up station, in the local currency. This is determined by the provider.
(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.
§ 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.
§ 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) A non-binding overview of the cancellation options of the respective provider can be viewed by the customer on the website www.campstar.com. However, only and exclusively the respective valid conditions of the provider apply. Campstar is not liable for the presentation of the cancellation options in case they are incorrect.
(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.
(4) Should a cancellation 60 days prior to pick-up result in a higher amount than the 20% paid at the time of booking, the difference must be paid immediately.
(5) In cases where technical errors have occurred in the electronic communication from the customer to campstar and/or from campstar to the provider and/or in cases of overbooking due to the receipt of simultaneous bookings, campstar is entitled to cancel booked services of the customer without substitution within a period of 96 hours after sending the booking confirmation. In this case, the customer shall be refunded any payments already made. Further claims of the customer for whatever legal reason are excluded.
§ 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) Unauthorised extensions of the agreed rental period may lead to considerable additional costs.
(3) The customer owes the full agreed rental fee even if the motorhome or campervan is returned early.
§ 9 Takeover and return of the vehicle, security deposit
(1) When taking possession of and returning the motorhome or campervan, the vehicle is to be checked for damages, missing parts and fuel level, and both 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. The deposit is to be paid by credit card. Most providers do not accept debit or prepaid cards for this purpose. In the event that the security deposit cannot be provided 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.
§ 10 Repairs
In the event that the rented campervan or motorhome 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.
§ 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.
§ 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.
§ 13 Warranty
(1) Campstar’s role is that of a broker, which is why it does not offer motorhomes and campervans for rent and, accordingly, provides no warranty for the provider’s satisfaction of contractual obligations.
(2) All information provided by campstar has been compiled with the utmost care. However, no guarantee can be given for any errors in data collection or data transmission.
(3) The information on campstar is mostly provided by the providers. Each provider is solely responsible for the correctness, completeness and topicality of the information provided by the provider. This applies in particular to prices and availability. The warranty of campstar for information provided by the provider is excluded.
§ 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
(1) 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.
§ 16 Miscellaneous
(1) Legal relations between campstar and the customer are governed by the law of the Republic of Austria, 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.