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to the side of

Pilote Reisemobile

_______________

Movera Freizeitzubehör

Living mobile renting conditions of  Halter Gutach GmbH:

For renting living mobile vehicles the following general trading conditions become contents of the contract coming between the Halter Gutach GmbH (in the following “landlords " mentioned) and you (in the following “tenants” mentioned).

1. Contractual item
a) The subject of the contract is only renting a living mobile vehicle. Cruising power outputs and/or a whole of cruising power outputs (journey) the landlord does not owe. The legal regulations over the travel contract - in particular §§ the 651 a-I BGB - have not any apply. The tenant accomplishes his travel independently and uses the vehicle solely responsible.

b) With expenditure and/or cancelling of the vehicle is to fill and sign in each case a delivery and/or cancelling minutes completely. These two minutes are components of the lease.

2. Minimum age of the tenant, driving licence
The tenant and/or the driver must have at least 21 years completed and for at least one year in the possession of a German driving licence valid for the respective vehicle classes, for example the class 3, the class B for vehicles with a permissible total weight up to 3,500 kg or the class C1 of more than 3,500 kg total weight.

The tenant clings at full extent for the fact that only persons lead the renting vehicle, who fulfill the aforementioned conditions and in the lease are indicated as drivers. A collecting main of the driving licence by the tenant or the driver with renting or at the time of assumption is a condition for the delivery of living mobilization.

If it comes due to missing collecting main of the driving licence to a retarded assumption, this goes debited to the tenant. If no driving licence could be submit at the time of assumption, the landlord can entitled from the contract. The cancellation conditions of the number 6b find application.

3. Rent
a) The rent depends valid in each case the price list with conclusion of a contract and/or according to the agreements in the lease. Fuel costs, duty, park, camping, parking bay as well as driving fees and penalties and other penalty charges go debited to the tenant. The renting vehicle is to be returned filled up; otherwise additionally an expenditure lump sum at a value of 20 € results to the refueling costs. By the rent the costs of the insurance protection are paid off in accordance with numbers 4 as well as for maintenance, oil consumption and wear repairs.

b) During the price calculation different season times are considered. The day of the vehicle assumption and the day of the return are computed as one renting day, if the vehicle is returned within the prescribed period at the agreed upon time (see also to number 8 g).

c) With each renting results additionally a unique service lump sum at a value of 100 € . This contains the ready delivery of the vehicle as well as a detailed vehicle briefing.

4. Insurance protection
a) Liability insurance opposite third with unlimited covering for special and financial damages, for personal injuries to maximally 8 millions €

b) Adhesion exemption after the principles of a part and/or. Insurance against all risks with one selfkeep from 500 € and/or. 1.000 € per case of damage

5. Reservation and terms of payment
a) Living mobile reservations are obligatory only after written reservation confirmation by the landlord and in time performed pre-payment by the tenant. With the written reservation confirmation the tenant receives the requirement on living mobile in the booked vehicle category, so far after number 9 the position of a spare vehicle is not permissible. On a specific sketch no requirement insists.

b) After receipt of the written reservation confirmation a pre-payment within 14 days (receipt of payment) amount 250 € should be transfered to the landlord specified in the reservation confirmation mentioned account. During disregard of this period the landlord is no more bound on the reservation. Beyond that the landlord is entitled after reminder and fruitless expiration to withdraw from the contract. The cancellation conditions of the number 6b find application.

c) The remaining rent must have dealt until at the latest 14 days before beginning of renting at the account of the landlord.

6. Resignation and transfer posting
a) One points out that a general legal right of resignation is not intended with leases. The landlord grants to the tenant however a contractual right of resignation to the following described extent .

b) With resignation from the obligatory reservation the following cancellation fees become due:

30% of the rent of 50. to 21. Day before the agreed upon beginning of renting
60% of the rent of 20. to 8. Day before the agreed upon beginning of renting
80% of the rent starting from 7. Day before the agreed upon beginning of renting
95% of the rent on the day of the agreed upon beginning of renting

For the resignation time the entrance of the written declaration of withdrawal is determining with the landlord. A Nichtabnahme/collection is considered as resignation. For the security of the cancellation risk the conclusion of a travel resignation cost insurance is recommended.

c) As far as free capacities are present with the landlord within the calendar year, a transfer posting is possible until 14 days before the agreed upon beginning of renting without surcharge, if the agreed upon Mietdauer is not fallen below.

d) The Gestellung of a spare tenant is possible only with written permission of the landlord. This can refuse the agreement only for entitled reasons.

e) It remains for the tenant unbenommen to prove that a damage did not develop at all or only in smaller height.

7. Bail
a) The bail at a value of 1.000 € must be carried out with vehicle assumption free of charge in without or by transfer in advance.

b) With normal and stipulated return of the vehicle as well as after lease final account the bail is returned. All resulting auxiliary expenditures and costs (e.g. Cleaning costs, toilet cleaning, refueling costs, damage…) regarding return of the vehicle with the bail are charged, if these are to be carried by the tenant. Due to a damage event the landlord on basis of a cost estimate can account for resulting repair costs. Up to locking clarifying of the height of the costs and the cost carrying load the landlord has to retain the right the bail.

8. Vehicle delivery and return
a) The vehicle is to the date agreed upon in each case (with attention of the time!) to transfer and return at the firm location to property oh.

b) To be filled out with vehicle delivery the valid identity card and driving licence in the original are the instrument of surrender (see number 1b) to be submitted and. By the signing of the instrument of surrender both parties recognize the logged condition of the vehicle on.

c) Before the vehicle delivery a detailed vehicle briefing takes place. The landlord knows the delivery of the vehicle withheld to the vehicle briefing final is. Through the tenant answered for delivery delays and costs go debited to the tenant.

d) The tenant commits itself, the vehicle to the contractually agreed upon time from the inside cleaned and in logged condition (as per. To return instrument of surrender).

e) If the tenant did not empty and did not clean the toilet with return of the vehicle, a lump sum of 100 becomes € due. If the vehicle is not inside or insufficiently cleaned with return, the actually resulting cleaning costs, at least however 25 are computed € beyond that.

f) Damaged and/or. missing articles are computed the tenant.

g) With late return of the vehicle (return time is specified in the output listing) the landlord the tenant computes the current market price starting from an overdraft of 59 minutes for each further day. The resulting multi-expenditures of the landlord as well as claims for damages of Nachmietern because of late vehicle return are further-loaded to the tenant.

h) The proof that a damage did not develop at all or is substantially lower, remains unbenommen the tenant.

i) An extension of the Mietzeit is possible only after express agreement of the landlord in text form. No agreement of the landlord with the automatic transformation generally exists into a renting relationship on indefinite time with continued use.

j) Returns of the vehicle before expiration of the agreed upon Mietzeit do not entail decrease of the agreed upon rent, it is, the vehicle can otherwise be rented.

k) If the booked vehicle cannot be made available, the landlord reserves himself the right to make a vehicle available comparable in size and equipment. If a smaller vehicle should offered and to be accepted, the rent difference between the two vehicles is refunded.

9. Spare vehicle
a) If the vehicle in the booked vehicle category cannot be made available at the time to the delivery, the landlord reserves himself the right to make a vehicle available larger comparable in size and equipment or. Thus no additional cost of renting develops for the tenant. Same applies, if the vehicle without being to blame for the tenant is destroyed or is foreseeable that the use will be impossible due to a damage, which the tenant does not have to represent inadequately for a long time. A notice of the tenant after § 543 Abs.2 No. 1BGB is impossible for these cases, it its position of a spare vehicle fails, retards or by the landlord is refused. Thereby developing higher additional expenses, like driving or duty fees as well as operating cost go debited to the tenant. So far entitled interests of the tenant oppose, can reject he the acceptance of a larger vehicle than stipulated achievement.

b) If the tenant accepts an available spare vehicle in a smaller vehicle category, the landlord refunds the arising price discrepancy between the two vehicle categories.

c) If the vehicle is destroyed by being to blame for the tenant or it is foreseeable that the use becomes by a circumstance limited or impossible, which the tenant has to represent, the landlord can refuse the position of a spare vehicle. A notice of the tenant after § 543 Abs.2 No. 1 BGB is impossible in this case.

10. Obliegenheiten of the tenant
a) The vehicle may only of the tenant and/or. dem/n in the lease indicated driver (n) to be led. The tenant must appear even during the collection of the renting vehicle. The tenant is obligated the names and addresses of all drivers of the vehicle to the landlord, admits to give and of these a copy of the driving licence and identity card to deposit. The tenant has to in-be entitled for acting the respective driver as for own. The vehicle is carefully and appropiately to treat (to it belongs in particular control of the oil and water level as well as the tire pressure) and duly in each case to lock. To be kept the regulations and technical rules relevant for the use are the maintenance periods to be considered and. The tenant commits itself to examine regularly whether the vehicle is in condition working properly.

b) , The vehicle is forbidden and. A. to use

  • to the participation in engine-sporty meetings and vehicle tests;
  • to the transport of explosive, easily inflammatory, poisonous, radioactive or otherwise dangerous materials;
  • to committing of tariff and other criminal offences, even if these are threatened with punishment only after the right of the scene;
  • for subletting or borrow;
  • for uses, which go beyond the contractual use, in particular on areas not planned for driving on.

c) Travels into theaters of war are inadmissible. Travels into east and non-European countries are permissible only with express and written agreement of the landlord.

d) Repairs, which become necessary, in order to re-establish the operating and road safety of the vehicle, may be given from the tenant to a height of € 150 without demand in order. In all other respects repairs may be given only with express and written consent of the landlord in order. The Rückerstattung of the repair costs authorized resulted thereby and carries out the landlord against collecting main of appropriate proofs and vouchers, if the tenant is not responsible for the damage.

e) Over traffic regulations and laws of the countries visited during the Mietdauer the tenant has itself to inform and keep traffic regulations.

f) The tenant may not make technical changes in the vehicle.
The tenant is not authorized to change the vehicle optically in particular also Lacquer finishes to provide stickers or adhesive films.

g) The taking along of animals is permissible only with selected vehicles and with express written agreement of the landlord. Cleaning costs, those by the neglect result as well as to the landlord escaped profit from the occasional Nichtvermietbarkeit go debited to the tenant.

11. Behavior with accident or case of loss
The tenant has after an accident, fire, theft, to inform wild or other damage immediately the police. This applies also in indebted accidents without co-operation third. Besides the tenant has the landlord immediately over all details of the accident or damage event, also with slight damage to inform in writing. The accident/damage report must in particular names and addresses of the persons involved and any witnesses, as well as official characteristics of the vehicles involved contain. Requirements for compensation of other people involved in accident may not be recognized. Other damages or special occurrences, which stand in connection with the vehicle, are likewise immediate to communicate at the latest with the return to the landlord.

12. Adhesion of the landlord
The landlord is responsible for all damage, as far as covering exists in the context of the insurance locked for the vehicle. For by insurance the adhesion of the landlord is limited not covered damage with special and financial damages to resolution and rough negligence, unless thereby contract-substantial obligations were hurt. This limitation of liability applies also in favor of of coworkers of the landlord and its contracting parties.

13. Adhesion of the tenant
a) The tenant clings with resolution or rough negligence, in particular with drug or to alcohol-conditioned driving unfitness and with damage, those on neglect of the vehicle dimension (height, width) as well as the additional load regulations are based for all by him the landlord caused damage. Likewise the tenant in full extent of the damage is responsible for all from him to representing damage, those in connection with the use for a forbidden purpose (number. 9), in case of a not stipulated return, by the load or by inappropriate treatment of the renting vehicle (in particular operating errors or an excessive demand) developed as well as in case of their own prolongation of a contract. If the tenant departed without permission from the accident place (§ 142 StGB) or imprisonment for debt its Obliegenheiten in accident or in the case of loss in accordance with number 11 of these conditions hurts, then it does not cling also in full extent of the damage, it is, the injury had influence on the statement of the case of damage. If the tenant with the return of the vehicle comes into delay, it is responsible likewise for all damage developing from this.

b) If the tenant leaves not indicated third the use of the vehicle one in the lease and if it comes to a damage event, then the tenant in full extent of the damage clings, even if third caused the damage undeservedly.

c) The tenant is here liable to pay damages for all costs, which are necessary for the repair of the renting vehicle. With a total loss the tenant clings limited to substitution of the replacement value less residual value, to the maximum amount agreed upon in the valid in each case price list. Via it going out requirements on payment of damages remain themselves directing unaffected by this regulation and after the laws.

d) With more easily negligence the tenant clings only up to the agreed upon selfkept.

e) The tenant is responsible for all fees, deliveries, penalties resulting in connection with the use of the renting vehicle and punishments, for which the landlord is taken up, it its, these is based on being to blame for the landlord. Detailed cost answers, etc. to the tenant are passed on.

f) Several tenants cling as total debtors.

g) As long as the question of guilt is unsettled, the landlord is entitled, the bail to retain.

14. Verjährung and transfer prohibition
a) The tenant must indicate in writing obvious lack because of not stipulated fulfilment to renting within 14 days after contractually intended return of the vehicle with the landlord. At expiration of the term requirements are possible on the part of the tenant only if it does not carry being to blame for at the disregard of the period.

b) All contractual requirements of the tenant fall under the statute of limitations within a yearly after the contractually planned cancelling. By the tenant if requirements were made valid, then the Verjährung is restrained up to the day, referred back in writing at that the landlord the requirements.

c) Claims for damages of the landlord because of change and degradation of the renting thing fall under the statute of limitations at the earliest at expiration of 12 months, beginning in principle with the return of the vehicle to the landlord. If the accident was with the police taken up, requirements for compensation of the landlord become only due against the tenant if the landlord had opportunity to the inspection into the determination document. The run of the period of limitation begins however at the latest 6 months after return of the renting vehicle. The landlord is obligated to strive immediately and seriously for file inspection and to inform the tenant immediately over the time of the file inspection.

d) The transfer of requirements from the lease to third is impossible, likewise the asserting of such requirements in own name.

15. General regulations
a) If the signer of the lease calls himself not expressly as a representative of the tenant, he clings beside the person, company or organization, for whom he locked the lease, personally as a total debtor.

b) The set-off is impossible with exception from undisputed, validly determined or demands ready for judgement.

16. Storage and passing on of contract data
A forwarding of the personal contract data at determination and revenue offices can take place for the case that the tenant behaved actually dishonestly and/or. sufficient reference points for a dishonest behavior exist. This takes place for example for the case of wrong data for renting, collecting main more wrongly and/or. Loss of announced personnel documents, Nichtrückgabe of the renting vehicle, during NIC htm CCIT hurrying one possibly. technical defect, with verkehrsverstössen and. A. Beyond that a transmission of the personal data can take place to assigned third, as far as this is necessary for the completion of the lease as well as for the penetration of the contractual requirements of the landlord.

17. Final clauses
a) Place of delivery is the seat of the landlord.

b) Changes of the general renting conditions and additional agreements require the writing of both parties to their effectiveness.

c) To the contract come between the landlord and the tenant applies excluding German right. The regulations of the lease apply with priority, supplementing and hilfsweise apply the legal regulations.

d) If a regulation should be futile or become, then the validity of the other regulations remains of it unaffected.

e) The tenant is an entrepreneur i. S. v. § 14 BGB, a legal entity of the public right or a public special estate, as exclusive area of jurisdiction the registered place of business of the landlord for all requirements, which result from or due to the present Treaty, is agreed upon. Same does not apply opposite persons, a general area of jurisdiction in Germany has or for persons, who shifted their domicile or usual place of residence after conclusion of the contract outside from Germany or whose domicile or usual place of residence does not admit at the time of the complaint collection is.

Conditions: 15.02.2008

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