General
Business and Rental Terms
1. Signing of contract and execution of the
journey
The rental contract is established exclusively with the company
"Sardinien-Wohnmobile-Vermietung" - called in
the following SWMV - which is represented by
its owner, Frank Sacher, Unteranger 34a,
82431 Kochel am See.
The local service provision and transfer of the
vehicles is done via one of the indicated service
stations.
The basis for the rent of a camper is a rent
contract for the respective vehicle and not a total
of travel services of a travel operator.
The lessee plans and executes his journey by
him/herself and uses the vehicle in his own
responsibility - therefore regulations of the Travel
Contract Law are not applying. Also, the takeover
and return protocol, which has to be filled in
entirely and signed by the person renting the
vehicle and the service station, is a part of the
rental contract.
2. Minimum age
The minimum age of the lessee and the driver has to
be 21 years. The driving license of the (old) class
3 respectively the class B has to be owned by the
persons renting the vehicle and the driver or at
least one year. At collection of the vehicle the lessee and / or the driver have to deposit a copy of
the driving license and also have to assure that at
collection they neither are forbidden to drive a
vehicle nor that the driving license has been
withdrawn.
3. Rental prices
The prices of the price list valid at contract close
are valid. The rental prices include the following:
-
Fully comprehensive cover with an excess of
Euro 1,000.- per incident
-
Partially comprehensive cover with an excess of
Euro 1,000.- per incident
-
Third party insurance with unlimited cover
(Euro 8 Mil. per person)
-
Maintenance services and repairs for wear
and tear
The staff of our
service station will offer to do additional
provisioning trips for Euro 25.- per started hour.
These fees are to be paid directly to our staff at
the service station.
Expenses for fuel and costs of operation are
responsibility of the lessee. The vehicles will be handed over fully
fueled and have to be fully fuelled when they are returned.
Missing fuel will be noted in the return protocol,
filled up by the service station and an additional
fee of Euro 25.- will be charged.
The rental prices are always valid from station
until return to the station. One-way rentals are
offered on request. The respective season's prices
will be charged respective to the utilization by the
lessee.
If the vehicle is returned after the time agreed
on in writing, we will charge Euro 25.- additionally
per started hour (but at most one total day's price
for each late day) and will relay any compensation
claims claimed by the succeeding lessee or other
persons because of late collection of the vehicle.
In the case of continued use of the vehicle after
the return date agreed on there is generally no
agreement with the renter to the automatic change to
a rental contract for an unlimited time. We already
disagree with a further usage.
If a vehicle is returned before the end of the
rental period agreed on the fully rental price
agreed on in the contract is payable, except when
the vehicle can be rented out otherwise. There is
also a rental minimum period according to the
currently valid price list for specific travel
periods. We will charge a one-time service fee for
each rental. The lessee is responsible for any fees,
taxes and fines caused by usage of the vehicle,
which are charged to the lessor, except if they have
been caused by fault of the lessor.
4. Reservation, rescission and rebooking
Reservations of a camper are only binding after
written confirmation. After issuing of the written
confirmation of the reservation the lessee has to
make a minimum prepayment of 20 % of the total price
within 10 days - in cash, via money transfer or
cheque.
The confirmed reservation can rebooked by the lessee
until latest 3 days before the agreed start date of
the rent, as long as there are other capacities
available. For such a rebooking SWMV is
charging a handling fee of Euro 50.- per rebooking.
Cancellation fees:
-
Until the 50th day before start of the rent
period 10% of the renting fee
-
From 49th to the 15th day before start of
rent period 50% of the renting fee
-
Less than 15 days before start of the rent
period 80% of the rent fee
-
And on the day of the start of the rent or
at non-acceptance 95% of the rent fee!
Any eventually due cancellation fees will always
be calculated from the first confirmed reservation
onwards.
5. Terms of payment
The remaining price of the rent has to be
transferred to the account of the booking office on
behalf of SWMV until 4 weeks before start
date of the rent without any discounted fees.
The deposit of Euro 2,000.- or £ 1,500.- can be deposited at
collection of the vehicle in cash or American
Express travellers' cheques or has to be transferred
before takeover of the camper to our deposit
account. The lessee has to provide proof of this at
collection of the camper. The refund of the deposit
is done immediately after your return, of course
provided that there are no reports of any damage.
You will received a return protocol at return of the
camper.
6. Liability/Fully comprehensive cover
The lessee is responsible for any damages caused to the vehicle during the rental period
and during usage according to the contract only up to
Euro 1,000.-. The excess on the insurance cannot be
excluded, but for Euro 9.50/day it can be reduced to
Euro 200.- partially comprehensive cover and Euro
500.- fully comprehensive cover.
In the case of intentional or excessive negligence resulting in damage being caused to the vehicle, especially involving the use of drugs or alcohol, the limitation of liability no longer applies.
The same applies for damage caused through disregard of the point
265 (Headroom Clearance) according to article 41, paragraph 2, point 6 of the German Highway code
(respectively comparable laws in a foreign country). If the
lessee fled from the scene of an accident or if he disregarded his duties according to point 7 of these terms, he is fully responsible for any
damaged except if the injury has had no effect on the establishment of the damage. The
lessee has also an unlimited responsibility for all damages caused by an unauthorized driver (point 8) or
through forbidden use (point 9) of the vehicle or
caused by improper loading or improper use of vehicle.
Besides this the legal liability applies.
We have to state expressively that in the case of
violations of the rent contract's regulations any
insurance cover will be annulled. Excepted from the
insurance cover are all damages caused by water and
salt water which were caused by the fault of the
lessee. The insurance is not be liable for damages
caused by the contact of the vehicle with salt water
or if the vehicle is stuck in the water. Personal
effects which are damaged or lost through an
accident or theft are also not insured. The
following issues are excepted from any insurance
cover:
The lessee will be liable in full for the
following damages on the vehicle or third-party
property:
-
Damages which are caused by the vehicle
being stuck in water
-
Damages caused by salt water
-
Damages caused by actions violating the
regulations of the rent contract (for example
driving under the influence of drugs or alcohol)
and/or gross negligence
-
Damages caused by the usage of the wrong
fuel, of water and oil are not replaced or
warning signs in the vehicle are not followed
-
Damages on the roof system and undercarriage
-
Broken glass (front window, headlights,
other glass)
-
Tire damages which are not caused by normal
wear and tear
-
Costs for repair and hauling caused by
driving on prohibited streets or in restricted
areas
-
Costs for the salvage of hauling of vehicles
which have become stuck through fault of the
lessor
-
Costs for lost vehicle keys or keys locked
in the vehicle
7. Return protocol/Damage report
The lessee has to report any faults of the vehicle
noted after start of the rent period immediately at
the service station, but latest at return of the
vehicle. The lessee has to state the faults in full
and in writing in the return protocol.
8. Behaviour regarding accidents
After an accident, fire, theft or damage caused by game the
lessee must inform the police and the service station immediately. Opposing claims are not to be acknowledged. The
lessee must inform the service station in the form of a complete written report
including a drawing, even in the case of small damages. The accident report has to include the name and address of the people involved and of any witness as well as the registration numbers of all vehicles involved.
9. Permitted driver
The vehicle can only be driven by the lessee himself and those mentioned in the rental contract, as long as they
have reached the minimum age and are owning a valid
driving license according to point 1.
10. Forbidden use
The tenant is forbidden to use the vehicle for the following:
-
Participation in motor sport events and vehicle tests
-
Transportation of easily flammable, poisonous or other dangerous substances
-
Committal of customs or other criminal
offences, even if these are only against the law
of the site of the offence
-
Further rental for other purposes outside the permitted use, especially
for driving on unsuitable terrain.
11. Collection and return
Before the start of the journey it is especially important that the
lessee receives an introduction to the vehicle from our service
station. An appointment for both the collection and return will be agreed before and will take place at our service centre
in Olbia. The transfer to the airport Olbia will be
assured if booked. Under certain circumstances we will
provide a vehicle for the transfers from and to the
airports Alghero and Cagliari free of charge.
Usually the collection of the vehicle takes place from Monday
to Sunday between 01.00 p.m. and 06.00 p.m. and the
return between 09.00 a.m. and 12.00 a.m. at our
service station. In cases the reservation plan
permits this and after agreement with the service
center the collection can be done in the morning and
the return in the afternoon. In these cases an
additional service fee will be charged. During the months
November until including February the returns will be
done at daylight, latest at 04.00 p.m. and not before
09.00 a.m., or after agreement with the service
station. In order to facilitate the return of a
vehicle in the morning, a control of the vehicle on
the day before the departure is possible after
agreement with the service station. Collections in
the morning or returns in the afternoon are possible
against the charge of an additional day's rent. You
should plan sufficient time for the return of the
camper to enable a control of the vehicle for
damages without any time pressure. If there is not
sufficient time for an orderly return, the control
will be done after departure of the lessee by the
staff of the service station. There will be no
additional fees for collections on Saturdays or
Sundays.
12. Replacement vehicles
SWMV has the right to provide a replacement car
of the middle class in connection with accommodation
according to the Standard Agriturismo in the case of
factual impossibility of provision of the rented
vehicle, which has not been caused by SWMV,
in the case of technical defects, or in the case of
delayed return of the vehicle by the previous
lessee. Besides this there can be a change of
vehicles during the duration of the rent due to
important reasons, whereas the exchanged vehicle has
to be of the same or better category. In case a
smaller vehicle is offered and accepted the price
difference between both vehicles will be refunded.
13. Allowed travel area
The allowed travel area is limited to Sardinia and Corsica
plus any eventual ferry connections between these
regions.
14. Repairs
Necessary repairs during the rent period, for
example repairs safeguarding the usage and traffic
safety of the vehicle, may be ordered by the lessee
him/herself up to a price of Euro 150.-. For larger
repairs they may be done only after agreement with
the service station. The costs of the repairs are
born my SWMV after provision of the
respective documents and the exchanged parts in
cases in which the lessee is not liable for the
damage (see point 5). Because of rent provision not
according to the contract the lessee may claim
redress, reduction of rent or refund for damages as
long as SWMV is responsible for any
deficiency of the vehicle. For redress the customer
has to report noted deficiencies immediately to the
service station and allow adequate time for repairs
to SWMV. We exclude any claims for damages on
vehicles which were existing before close of the
contract and for which SWMV is not
responsible.
15. Rejection/Limitation period
Claims to matters not in accordance with the rental contract must be submitted in written form to
SWMV within one month of the returning date
of the vehicle agreed on in the contract. After the end of
this time period claims can be validated only if the
exceedance of the period is not the lessee's fault. Contractual claims from the tenant are limited to six months after the return
date agreed on in the contract. If the tenant has
made such claims the limitation has to be restrained
until the day when SWMV rejected the written claims.
16. Saving and passing personal information onto
third parties
The lessee agrees that the reservation offices working on behalf of
SWMV will save his/her personal information.
SWMV may pass this information via a central
warning ring onto third parties with a rightful
interest if
a) At the time of rental the relevant information was incorrect
in important details, or
b) The rental vehicle was not returned within 24 hours of the termination of the
eventually extended rental period, or
c) Rental demands have to be claimed in legal collection proceedings, or
d) Cheques from the lessee could not be cashed.
17. Court of jurisdiction/Applicable
laws
Munich is the court of jurisdiction for all legalities resulting from this contract
insofar permissible by law and as long as the lessee has no
domestic general court of jurisdiction or if after the
signing of the contract he is residing abroad or if his domicile is unknown at the time of the instigation of
the legal proceedings.
18. Partial invalidity
If one of the terms of business is not valid, this
does not affect the other terms of business.
Version 2.0, October 2007