General Terms and Conditions

General Terms and Conditions of
Road-camper.com
for motorhome rentals for the purpose of individual travel

§ 1 Scope of application, type of contract, applicable law, place of jurisdiction

(1) ApplicabilityThese General Terms and Conditions (hereinafter referred to as ” GTC“), together with the booking details for the selected offer for a motorhome (hereinafter referred to as ” motorhome“, “vehicle” or “RV”) for an individual trip or a group trip, form the contractual basis between Road-camper.com, 12301 W Butler Drive in 85335 El Mirage/Phoenix US-Arizona, represented by its director Ludwig Langenbach (hereinafter: “RC“) and its customers in the version valid at the time of the order and apply to all services of RC that are booked by the customer via the online order form on the website of Road-camper.com or by other distance selling orders, such as by telephone or e-mail or at tourism fairs, and regulate the required customer information together with the selected booking details. These GTC shall apply accordingly to contracts concluded as a result of services provided by RC in print catalogs for the delivery of goods presented in the NICOLA GMBH print catalog, unless expressly stipulated otherwise.RC’s offer to conclude a contract and these GTC shall apply to all contractual relationships between RC and private individuals and entrepreneurs, legal entities under public law or special funds under public law (hereinafter referred to as “customer“), whereby RC’s offers are primarily addressed to private individuals.

(2) Priority, RC asks its customers to read these GTC carefully, as they contain important information and contractual bases for the relationship between the customer and RC for rentals of RVS for individual trips. If the booking details contain provisions that deviate from these GTC, the provisions of the booking details shall take precedence as special provisions.

(3) Application only for individual travel, not group travel: For group travel, the special terms and conditions for group travel apply in addition and take precedence over the provisions of these GTC in the event of deviations.

(4) Validity: These General Terms and Conditions apply at the time the contract is concluded. The General Terms and Conditions can be viewed, printed or saved at any time on the Internet at Road-camper.com.

(5)Deviating GTC of the customer: The contractual relationship between the customer and RC shall be governed exclusively by these GTC. RC hereby expressly objects to any conflicting, additional and/or deviating terms and conditions of the customer. These GTC shall also apply if RC provides the service to the customer without reservation in the knowledge of conflicting, additional and/or deviating terms and conditions of the customer, unless RC has expressly agreed to their validity in writing in accordance with § of these GTC.

(6) Rental contract: The present contractual relationship between PHM and its customers is governed by the statutory provisions on the rental of movable property, unless special provisions are contained in the following regulations. RC does not owe travel services or a set of travel services (trip) in the case of RV bookings for individual trips. The customer carries out their journey in the RV independently and uses the vehicle on their own responsibility.

(7) No travel services: Services of another tour operator mentioned or linked in the description on the website or in print media (e.g. flights, hotel accommodation) are not part of a package tour offered and operated by RC, unless the bundling by RC as a package tour would be explicitly stated accordingly. RC only offers RV rental agreements; RC only offers travel services in the case of individual contractual agreements, and not as standard services without explicit designation. If agreed, a travel service provided will be listed on the first page of the booking confirmation together with the additional services, cf. 1 (6). RC does not offer such third-party services as its own services. The same applies with regard to the arrangement of linked travel services, i.e. the arrangement of different types of travel services that are specifically coordinated for the purpose of the same trip and that can be booked with different providers. This is typically done on the website by means of a click-through solution to the website of a third-party provider, on whose site a separate contract is concluded by providing all data. If such offers exist for further services beyond the RV bookings offered by RC, services from third-party providers (including package tours from third-party tour operators) are exclusively brokered. In such cases, if the customer makes a booking, the contract is concluded exclusively between the customer on the one hand and the provider of the other individual travel service(s)/package tour in question on the other. In this respect, reference is made to RC’s agency terms and conditions.

(8) Contractual identification of the scope of services: All inclusive and additional services included in the rental price of the respective rental agreement, as well as other individual agreements, are listed on the first page of RC’s booking confirmation. The booking of a package tour, if such a package tour had been agreed with RC in deviation from 1 (6), would be shown here accordingly.

(9) Applicable law: The rental contract between RC and its customers is governed exclusively by the law of the country in which RC has its registered office, i.e. the US law of the United States of America to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). RC also targets its offers to customers outside the USA, in particular via its website and on site at trade fairs in Europe, in particular to customers who have their habitual residence in German-speaking countries, in particular in Germany, but also in Austria and Switzerland. In such cases, according to the provisions of European Union law (Directive (EU) 2015/2302), if the customer is a private individual and thus a consumer, the choice of law cannot in principle result in the consumer being deprived of the protection to which he is entitled under the mandatory provisions of the country in which he has his habitual residence. However, this does not apply to contracts for the provision of services to consumers if the services owed to the consumer must be provided exclusively in a country other than the country in which the consumer is domiciled. The rental for the use of RC’s RVs is provided exclusively in the USA and the term services is to be interpreted broadly in this context and also includes rental, so that US law alone applies to the contractual services under these GTC.

(10) No statutory right of withdrawal: RC points out in particular that, due to the application of US law, there is no statutory right of withdrawal under the distance selling regulations in the European Union. For the sake of completeness, RC would also like to point out that even if a legal system of the European Union, which provides for corresponding obligations to provide information on withdrawal rights, were to apply, there would be no right of withdrawal in the present case in the case of a contract concluded by distance selling, since for contracts such as the one in question for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision, there is no right of withdrawal even under the legal requirements in the European Union. The obligation to provide information and the statutory exception to the right of withdrawal, if German law were applicable, follow from Art. 246 § 1 Para. 3 No. 1 EGBGB and § 312g Para. 2 No. 9 BGB, according to which even if German law were applied, there would be no right of withdrawal for a contract such as the present one when the contract is concluded in the distance selling channel.

(11) Place of performance, place of jurisdiction: The place of performance is the registered office of RC. The exclusive place of jurisdiction for all disputes arising from and in connection with the contract, including these GTC, regardless of the legal grounds, is, as far as permissible, the competent court for the registered office of RC, unless mandatory provisions, in particular for consumers, provide for a place of jurisdiction at the consumer’s place of residence.

§ 2 Conclusion of contractRental conditions, offer documents

(1) Offer and acceptance: RC’s offer to the customer, in particular the online form of the web store, but also print offers, is subject to change and does not bind RC, unless an offer from RC is binding. In the RV offer on the Road-camper.com website at Road-camper.com, but also in print media, the RVs in the portfolio can be compared first. The customer has the option of sending a booking request for a motorhome rental to RC, either by filling in the form fields and completing the booking process on RC’s website, by sending a request via e-mail or another means of distance communication, or by filling out contract documents at a trade fair. The customer undertakes to provide truthful information – in particular with regard to his/her identity (name and address) and the number of users (all passengers including children) and driving license. By completing the form fields on the website, in addition to accepting these GTC and the data protection declaration, the customer submits a binding offer to RC to conclude a motorhome rental contract by clicking on the “order with obligation to pay” button, which can be accepted by RC. The customer has the option of creating a customer account in connection with the submission of his offer to conclude a contract on the RC website. Unless explicitly agreed otherwise, the offer cannot be submitted for specific vehicles, but only for vehicle categories. In the case of distance selling inquiries, the customer shall be provided with the contractual documents, including these GTC and data protection declaration, which the customer must confirm in the e-mail with the binding booking request. At trade fairs, the GTC shall be displayed together with non-binding offer request forms for the customer’s perusal, in which the customer shall confirm that he/she has read them. The customer confirms with his offer request that he has read and accepted the GTC and data protection information and bases his offer on this, which can also be accepted by RC through these contractual channels.

(2) Booking confirmation: The RV rental contract is only concluded when the booking confirmation is sent by RC (via e-mail). With the corresponding booking confirmation, the customer receives the entitlement to a motorhome for the period specified at the time of booking, the number of users (all fellow travelers including children) and a motorhome in the booked vehicle category in accordance with § 3 (1), unlessthe provision of a replacement vehicle is permitted in accordance with 4.In the event that RC does not confirm the booking within 5 working days, typically by email, the customer is no longer bound by the binding request.

(3) Driving license and fitness to drive: The minimum age of the person making the booking, as well as any other driver, is 21 years on the start date of the rental. From the age of 74, a medical certificate may be required as a condition of fitness to drive. An international driving license is recommended. A valid driver’s license (not an international driver’s license) must be presented on site. The vehicle cannot be driven without a valid driver’s license. Only new bank card driving licenses will be accepted.

(4) Offer documents: RC reserves all rights to all offer documents of any kind, whether online or printed (e.g. illustrations, drawings, texts, data/data sets, software, calculations, etc.), in particular property rights, copyrights and ancillary copyrights as well as industrial property rights. Offer documents may only be passed on to third parties by the customer with the prior consent of RC in text form.

§ 3 “Motorhome/RV”, additional services

(1) Contract on vehicle categories: RC once again expressly points out, in addition to § 2 (2), that it is not specific vehicles but vehicle categories that are booked. Only the confirmed vehicle category/vehicle group is binding, not for a specific vehicle type. There is no entitlement to a specific floor plan, age or specific dimensions of vehicle or equipment. Only the vehicle category, weight class, number of berths, transmission type and fuel type (diesel or gasoline) are binding. Insofar as the booking details contain additional descriptions, these are not legally binding unless there is an explicit agreement to this effect between RC and the customer, at least in text form. The vehicle details provided, regardless of the medium used, describe an average vehicle of this vehicle group, not the vehicle that is handed over to the customer. In particular, there may be deviations in vehicle length (+/- up to 1.5 m), age, mileage and bed dimensions. If the customer requires certain minimum dimensions (e.g. for the bed) or maximum dimensions (e.g. for the vehicle due to restrictions on ferries or campsites), these can only be guaranteed after written confirmation by RC. It is recommended to make a corresponding request before booking, if and insofar as this is a prerequisite for the customer to conclude the contract. Insofar as the age of the vehicle is stated in offers, this generally refers to the period for which the vehicle has already been rented.

(2) Equipment features, additional services: Before or after booking, the customer has the option of requesting – possibly in the customer account and on site – certain features and, if applicable, additional services to be paid for. Only if these are confirmed by PHM in text form (by email) are they legally binding. The customer is obliged to check the accuracy of the booking confirmation sent to it without delay and to notify RC of any inaccuracies. Late notification of inaccuracies or discrepancies cannot be taken into account and in particular does not entitle the customer to withdraw from the contract or reduce the price. Additional services requested after the conclusion of the contract come into effect upon acceptance by RC through separate further conclusion of the contract.

(3) Included services: For all rental agreements of 15 days or more, the rental agreement includes the personal transfer from and to the airport, a USA information package, basic motorhome equipment for 2 persons including bed linen, motor vehicle liability insurance, road map material, final cleaning costs outside and inside and the motorhome handover in German; for a rental period of less than 15 days, the basic motorhome equipment, in particular the bed linen for 2 persons, is not included in the rental price, nor is the final cleaning outside and inside for the motorhome. Both will be invoiced as additional services incurred on site. The regulations in § 3 (2) apply accordingly.

(4) No inclusive service: An electricity generator is not included in the RVs, it is not included in the rental price as an inclusive service, but can be provided as an additional service per hour for 5 US dollars plus tax. The provisions of § 3 (2) apply accordingly.

(5) Purchases made by the customer: New purchases made by the customer as accessories to the motorhome may only remain in the motorhome after the end of the rental period if this has been agreed with RC. The costs for this will only be borne by RC if this has been agreed accordingly with RC. The burden of proof lies with the customer.

(6) Handover condition for final cleaning: The RV must be handed over in the following condition for final cleaning: The interior living space as well as the driver’s cabin, i.e. the toilet, stove, refrigerator and dishes must also be clean, the waste water tanks must be emptied (waste water tank valves must be open upon return). If the vehicle is not returned in the condition described above, a fee of 150 US dollars plus tax will be charged.

(7) Adhesive stickers or similar: In principle, the application of adhesive stickers of any kind is not permitted in the RV. The affixing of adhesive stickers, tapes or similar, which have been stuck to the wall, furniture, seat cushions and have remained in the RV, will be removed with a charge of at least 150 US dollars compensation for expenses. If damage occurs to the RV in the course of removing adhesive residue, the costs for removing the damage will also be charged.

(8) Contractual identification of all inclusive services: All inclusive and additional services included in the rental price of the respective rental agreement follow from the first page of RC’s booking confirmation, see § 1 (7).

§ 4 Rental period/period of use, extension

(1) Rental period: The customer is entitled to use the vehicle for the contractually agreed period. He is obliged to inform himself in advance about the pick-up and return times (in particular opening hours and rest days/holidays). Later collection or earlier return of the vehicle is possible in individual cases, but must be individually requested by the customer and confirmed in writing by RC.

(2) Pick-up/return day: Unless otherwise specified during the booking process or in individual agreements, the day of vehicle pick-up and the day of return each count as one rental day.

(3) Handover/return times: With regard to the handover and return times, it is recommended that you read the exact handover/return times carefully before planning your trip and, if necessary, have them confirmed in text form in advance. Each day or part thereof is charged as a full day. The day begins at 7.00 a.m. and ends at 6.59 a.m. on the following day. The other handover requirements are set out in § 5.

(3) Early return: Early returns before the end of the agreed rental period do not result in a reduction of the agreed rental price.

(4) (Tacit) extension of the rental period: An extension of the rental period as well as any other change to the rental period by means of an amendment to the contract is only possible with the express consent of RC, in any case in text form. Continued use after expiry of the rental period does not lead to an extension of the rental agreement, even without RC’s express objection. A tacit extension of the contract is excluded. If the customer does not return the vehicle to the agreed return station at the agreed time, RC is entitled to demand a usage fee in the amount of the applicable rental fee for the period of non-use exceeding the duration of the contract. Any further claims for damages on the part of RC remain unaffected. After expiry of the agreed rental period and period of use, the customer is fully liable for any damage caused to RC or third parties as a result of the unauthorized extension.

§ 5 Handover, (airport) transfer

(1) Handover station: The motorhome must be taken over and returned at the handover station specified in the contract on the agreed date (taking into account the time).

(2) Opening hours of the handover station: The regular opening hours of the handover station for RV handover and the airport are from Monday to Saturday, between 7.00 a.m. and 5.00 p.m. and are carried out by RC or service providers commissioned by RC, whereby handovers are usually only carried out from 10.00 a.m. local time. The transfer station is closed on Sundays. Transfers outside regular opening hours (by prior written arrangement only) are subject to an extra charge of US$ 195 plus tax. A transfer on a Sunday will only be carried out at a surcharge of 85 US dollars plus tax, plus the usual transfer price if applicable, if this is not included in the rental price, see § (3) and (4).

(3) Closed days of the transfer station:The transfer station is closed on the following days, in particular American holidays. Notwithstanding individual agreements, no handovers and transfers will take place on these days:Holidays on which the transfer station is closed: (a) Chrismas Day Dec. 24 – 26; (b) New Years Eve and New Years Day: Dec. 31 & Jan. 1; (c), Martin Luther Day, (d) Memorial Day, (e) Independence Day: July 4, (f) Labor Day, (g) Columbus Day, (h) Veterans Day, (j) Thanksgiving Day

(4) Transfer: If booked accordingly and stated in the booking confirmation, pick-up will take place from the airport, airport hotel, provided that a transfer is still possible within the opening hours of the transfer station. The return transfer (during opening hours) can only take place immediately after the RV handover. Furthermore, the transfer can only take place from and to . Additional transfers or driving services that are not part of the motorhome handover will be charged from $100 plus tax.

(5) Handover requirements: An original passport and driver’s license must be presented as a prerequisite for the handover of the RV. The minimum age requirements for the driver and other drivers as well as the duration of possession of a valid driver’s license must have been specified as a contractual requirement when the booking was made and must be confirmed and verified as unchanged at the station. PHM is entitled to make photocopies of the documents. The following minimum requirements apply when renting an RV from PHM:

  • The driver (and typically the renter) must be at least 21 years of age and have a valid driving license for the vehicle size in the country of rental and, if applicable, transit with the vehicle.
  • The customer must ensure that the motorhome is only driven by persons who were specified as additional drivers and tenants at the time of booking, whose authorization to drive the vehicle was accepted and confirmed by PHM at the time of booking and who also meet the conditions of the first indent.
  • In addition, the customer is obliged to ensure that all drivers are added to the rental contract on site at the latest. This is a prerequisite for the admissibility of additional drivers. RC is not obliged to accept drivers and renters who are not already registered at the time of booking as drivers on site.
  • RC points out that possession of an international driving license is strongly recommended

The presentation of a valid driver’s license by the customer and/or all renters and drivers at the time of handover is a mandatory prerequisite for the handover of the motorhome in addition to confirmation of the existence of a valid driver’s license at the time of conclusion of the contract. If the handover is delayed due to the lack of a driver’s license, this shall be at the customer’s expense. If the driver’s license cannot be presented either at the agreed time of handover or within a reasonable grace period, RC is entitled to withdraw from the contract. The cancellation conditions in § 9 shall apply accordingly. Failure to present a valid driver’s license shall be deemed equivalent to cancellation by the customer.

(6) Rest period after flight: In principle, the first night must be spent in a hotel, unless the customer is already in the interior of the USA. The motorhome may not be moved or driven immediately after arrival in the intercontinental area. The WOMO may only be moved the next day.

(7) Handover protocols: A protocol is drawn up when the vehicle is taken over from RC and when it is returned to RC. These two handover reports are part of the rental agreement.

(8) RV handover from RC: The customer undertakes, together with RC, to check the rental vehicle for its contractual, damage-free condition as well as the correct indication of the tank level and other fill levels, the indication of cleanliness and the presence of accessories and, if applicable, environmental/toll stickers when taking over the RV from RC. Any damage, missing parts, soiling and insufficient fuel levels found by the customer (together with RC) must be reported to RC before the start of the journey and will be noted by RC on a “Vehicle handover report”. The customer is responsible for thoroughly checking the condition of the vehicle at the time of handover, in particular with regard to his liability in the event of loss of equipment or damage to the vehicle, and for ensuring that the vehicle is in accordance with the “Vehicle handover report”. By signing the “Vehicle handover protocol”, the customer acknowledges the recorded and contractual condition of the vehicle.

(9) RV return to RC: The customer undertakes to return the motorhome to the handover station at the contractually agreed time with a full tank of fuel, undamaged, cleaned inside and in a recorded condition (according to the vehicle handover protocol).

(10) Return condition of the motorhome: When taking over a properly cleaned vehicle in accordance with § 6 (8), the customer must return the vehicle in an appropriate condition. If the toilet has not been emptied and/or cleaned, a lump sum of 150.00 US dollars shall be payable in each case. The customer is at liberty to prove that no damage has occurred or that the damage is significantly lower. If the interior of the vehicle is not or insufficiently cleaned upon return or if there is damage or impairment, including vermin infestation such as ants, mice, etc., the actual costs incurred to rectify the damage, in particular cleaning costs and, if applicable, pest control costs, will be charged, but at least 250.00 US dollars. The customer is at liberty to prove that no damage was incurred at all or that the damage was significantly lower. RC cannot be held liable for any damage to the customer’s property.

(11) Waiver of defects, compensation for defects: If the customer declares to RC on site that he will not assert any claims for defects, this is binding. Subsequent claims for defects of any kind are excluded without an explicit reservation of defects. If RC pays the customer compensation for defects in the vehicle or compensates for defects by waiving/reducing the rental price, waiving the payment of agreed additional services or by granting upgrades or additional services, these compensation payments exclude any further claims by the customer in relation to the same defect.

(12) Luggage deposit or similar: If suitcases or other items are deposited by customers at our station, a corresponding fee will be charged (for fee see Internet under special accessories). Furthermore, the customer can spend the last night at the station at any time for a fee (fee see Internet under special accessories).

§ 6 Replacement vehicles

(1) Replacement vehicle: Unless otherwise agreed, if the vehicle in the booked vehicle category cannot be provided at the time of handover, RC reserves the right to provide a vehicle of comparable size and equipment or a larger vehicle. This will not result in any additional rental costs for the customer. The same applies if the vehicle is destroyed through no fault of the customer or if it is foreseeable that use of the vehicle will be impossible for an unreasonably long time as a result of damage for which the customer is not responsible. Cancellation by the customer is excluded in these cases, unless the provision of a replacement vehicle fails, is delayed or is refused by the customer. Any additional costs incurred as a result, such as ferry or toll charges and operating costs, shall be borne by the customer. Against this background, RC recommends that the customer always book a ticket for the largest vehicle category when making ferry or seat reservations. If important legitimate interests of the customer (such as the rental of parking spaces for vehicles with limited vehicle dimensions) conflict with this, the customer may refuse to accept a vehicle of a larger vehicle category as a contractual service. If the vehicle in the booked vehicle category cannot be provided at the time of handover and no comparable or larger vehicle is available, RC reserves the right to offer the customer a smaller vehicle category. If the customer accepts an available replacement vehicle in a smaller vehicle category, RC will reimburse the resulting price difference. The regulations on the vehicle category in § 3 (1) also apply accordingly to the replacement vehicle.

(2) Refusal of a replacement vehicle: If the vehicle is destroyed through the fault of the customer or if it is foreseeable that its use will be restricted or impossible due to circumstances for which the customer is responsible, RC may refuse to provide a replacement vehicle. In this case, termination of the rental contract by the customer is excluded. In addition, the customer may incur additional costs due to downtime (demurrage costs).

§ 7 Deposit

(1) Deposit: The deposit in the amount agreed in the rental contract, typically 1,000.00 US dollars, must always be paid in cash, in the form of traveler’s checks (in US dollars or euros), with traveler’s checks or credit card (via PayPal) when the motorhome is picked up. RC will issue a confirmation of receipt, typically on the handover report for the return of the vehicle. RC is not obliged to provide an RV without the provision of a deposit in an accepted form.

(2) Additional deposit: Furthermore, RC is entitled to demand an additional deposit over and above the deposit shown in the booking confirmation in the event of damage occurring during the rental period.

(3) Possible deposit types: The customer is obliged to obtain information about the exact amount of the deposit and the payment methods before picking up the RV and to ensure that the deposit can be paid in any form, for example that the credit card has sufficient funds. RC expressly points out that debit cards are generally not accepted at the handover location, although these are sometimes colloquially referred to as credit cards. So-called “prepaid credit cards” are also generally not accepted. When paying by credit card, please note that a PIN number may be required and credit card fees may apply. RC would like to point out that if the deposit is paid in local currency, there may be currency fluctuations between the time the deposit is paid and the time it is refunded.

(4) Transaction fees: RC points out that RC and, where applicable, the card-issuing institution may charge credit card fees for both debits and refunds, see § … These fees will not be refunded by RC.

(5) Deposit refund: If the vehicle is returned properly (in particular undamaged and on time) and in accordance with the contract, the deposit will be refunded after the final invoice has been issued. All additional costs incurred in connection with the rental agreement, e.g. cleaning costs, refueling costs, costs of repairing damage, will be offset against the deposit when the vehicle is returned, provided that these are to be borne by the customer. Repair costs incurred as a result of a damage event can be settled by RC on the basis of a cost estimate. RC has the right to withhold the deposit until the amount of the costs and the burden of bearing the costs has been finally clarified, in particular depending on the insurance cover selected and the customer’s own contribution. If all claims arising from the rental contract and any additional services have been paid by credit card, the cardholder’s signature is deemed to be authorization to charge the entire invoice amount to the relevant account with the credit card organization. This authorization also applies to subsequent charges resulting from damage caused by the customer, but only up to the agreed deductible and administrative offenses and fines incurred by the customer, including the consequential costs attributable to the customer, in particular towing costs.

(6) Deposit settlementwith additional services: RC is entitled to offset additional services that have not yet been settled and that have only been agreed on site, cf. § 3 (2), against the deposit, even if these originate from a supplementary contractual relationship.

§ 8 Payment, due date, invoice

(1) Rental price, currency: The rental price is shown in the booking details and confirmation in US dollars. Payment of the rental price must be made in US dollars, based on the current daily exchange rate.

(2) Down payment, due date: Unless the rental price is an agreed promotional or special price, 20% of the rental price is due for payment immediately after receipt of the booking confirmation and the associated invoice from RC, which includes a request for payment on the date and amount stated in the invoice, which corresponds to the 20% down payment. The remaining rent in the amount of 80% of the balance of the invoice is due for payment no later than 39 days before the start of the rental period. This second due date and remaining amount is also shown on the invoice. Early booking discounts only apply as stated in the offer and booking confirmation. There is no entitlement to an early booking discount on vouchers and special prices.

(3) Promotional price, special price: Special or promotional prices are due for payment in the amount of 35% immediately after invoicing, the remaining 65% are due for payment at the latest 39 days before the start of the rental period.

(4) Method of payment: Payment of the rental price can be made by bank transfer, PayPal or credit card payment after invoicing. The customer is free to choose which of the two means of payment is used. Any transfer fees will be charged to the renter.

(5) Default: If no payment is received by the specified date, the customer is in default of payment. RC reserves the right to withdraw from the contract or to cancel the booking after the fruitless expiry of a grace period for subsequent performance. The cancellation conditions of these GTC apply. If the customer is in default of payment, the default interest rate is 6%. RC is entitled to charge the customer for the costs incurred, unless the customer can prove that RC has incurred no or less expense and/or damage. If, in the event of default by the customer, it becomes necessary to commission a debt collection agency or to make an inquiry at the residents’ registration office to determine a summonable address, the customer shall also bear the costs incurred within the statutory limits. RC reserves the right to assert further claims.

(6) Additional services, due date: Additional services of all kinds that are not included in a contract, such as additional remuneration and fees, in particular additional cleaning costs, additional bookings such as power generators, operating and fuel costs (petrol, diesel, AdBlue, gas, oil, electricity, etc.), tolls, parking, camping, pitch and ferry fees, fines, local taxes and fees for (locally) booked additional services are not included in the rental price and must be paid by the customer on site in US dollars. Unless shown as included services on the first page of the booking confirmation, these are generally not included in the rental price and must be paid locally. These are additional services or fees that are based on a separate contract between the customer and RC, see 3 (2), or arise through the customer’s fault, such as speeding, and are charged on. RC will issue a separate invoice to the customer for this. The remuneration for additional services is due for payment immediately after invoicing.

§ 9 Cancellation, rebooking

(1) Right of withdrawal/cancellation: RC points out that a right of withdrawal for rental contracts is not provided for in the legal system. This would be different if the booking of the RV were subject to package travel law in the European Union. This is not the case, see § 1 (5) and (6). Nevertheless, RC grants its customers a contractual right of withdrawal (cancellation), provided that the rental is not a special offer/special price. Cancellation fees for special offers/promotional prices always amount to the full rental price. In the event of cancellation, the costs for the first night’s hotel will be charged in full.

(2) Cancellation conditions: RC would like to point out that in the event of cancellation, only a portion of the rental price (depending on the time of cancellation) will be waived and the remaining amount will be retained as a cancellation fee. The entire rental price is due in the event of last-minute cancelations. Cancellation regulations of RC are agreed:

  • More than 60 days before the start of the rental period – 20% of the rental price is a cancellation fee
  • 60-40 days before the start of the rental period – 60 % of the rental price is a cancellation fee
  • 40-18 days before the start of the rental period – 80% of the rental price is a cancellation fee
  • 18-0 days before the start of the rental period – 100% of the rental price is a cancellation fee.
  • Cancellation of rental with promotional price/special offer – 100 % of the rental price is cancellation fee
  • Cancellation is no longer possible after the start of the rental period.
  • Non-collection of the RV – 100% of the rental price is a cancellation fee.
  • In the event of premature return, § 4 (4) applies .

(3) Scope of cancellation: These cancellation costs apply to the rental contract for the RV including inclusive services, but not to additional services booked by separate agreement. Additional services are also to be paid for in the event of cancellation.

(4) Cancellation fee: 5% of the rental price plus the hotel’s first night in full will be charged as a processing fee for each cancellation, irrespective of the time of cancellation.

(5) Receipt of Cancellation: Cancellation is only effective when received by RC. If the client does not receive a confirmation from RC, it is possible that RC has not received the cancellation. In this case, the customer is obliged to contact RC to find out about the receipt of his or her cancellation. Furthermore, the customer is obliged to send the cancellation request in text form (by e-mail). Cancellation is only effective upon proven receipt.

(6) Cancellation date: The agreed cancellation date is the date of receipt by RC. Access is only possible during RC’s office opening hours (Monday to Friday from 9 a.m. to 6 p.m. Pacific Time, excluding public holidays). If receipt takes place outside office opening hours, the time of receipt is deemed to be 9 a.m. on the next working day. The regulations in § 9 (6) also apply accordingly in this case. It is recommended that you send the cancellation with a reasonable lead time. To cover the cancellation risk, you should consider taking out travel cancellation insurance.

(7) Rebooking, rebooking fee: There is no entitlement to rebooking. It is a discretionary decision by PHM on a case-by-case basis to allow rebookings. However, up to 40 days before pick-up, RC will attempt to determine the possibility of a rebooking at the customer’s request and inform the customer of the conditions of a rebooking in the specific rebooking case (in particular any fees and additional payments). If the customer agrees to the conditions, this constitutes an offer to amend the contract. If RC accepts this, a new booking confirmation will be sent to the customer, together with an invoice for additional costs, co-payments and fees, if agreed. Rebookings by RC are generally charged at a flat rate of 50.00 US dollars plus tax, which can also be quantified in the offer as a higher expense.

(8) Proof of other damages/expenses in the event of cancellation or rebooking: The customer is free at any time to provide proof that RC has not incurred any damages as a result of the cancellation or rebooking or that calculated costs, fees have been lower, including lower processing costs than the set cancellation fee or rebooking fee, which essentially represents a processing fee (plus any additional services). If an agreement has been made on the additional costs of a rebooking in accordance with § 9 (7) , proof of lower damages as a result of a contractual agreement is excluded.

§ 10 Vehicle handling and maintenance; route and usage restrictions

(1) Instruction: When the motorhome is handed over, you will receive instruction on the use and handling of the motorhome. This briefing covers all necessary aspects of the use and amenities of a motorhome. After the briefing has been completed, a practice drive of approx. 3 miles can be carried out at the request of both the customer and RC.

(2) RV care: The customer undertakes to treat the vehicle with care and to check its condition regularly, especially if it is used intensively. RC draws attention to the fact that the use of an RV differs fundamentally from the use of a car. As a rule, engine oil and tire pressure need to be checked more frequently. For long-term customers, an oil change is mandatory after 3500 mi (proof must be provided by means of an invoice) and must be carried out at the customer’s own expense. Depending on the vehicle type and type of use, daily checks may be necessary. For example, the wear on the tires of four-wheel drive (4wd) vehicles in particular may be so severe that it may be necessary to replace them during the rental period. The customer therefore undertakes in particular to check the tire pressure and tread thickness regularly, to request limit values from RC and to contact RC in good time before the limit values are reached in order to organize the replacement of the tires if necessary.

§ 11 Insurance

(1) With regard to insurance, the insurance cover shown and agreed in the booking confirmation shall apply, together with the scope of insurance set out in this § 11 , unless additional insurance cover is booked. This shall only apply if explicitly stated in the booking confirmation. Unless otherwise stated in the booking confirmation, basic liability insurance is included in the rental contract as standard. Should there be a premium adjustment in the individual insurance packages, this will be passed on to the customer.

(2) RC points out that the customer must take into account that the country-specific insurance cover, in particular with regard to the scope and damage excluded from insurance cover, differs from the usual standards of corresponding insurance conditions at his place of residence. In the USA, for example, liability for certain vehicle parts (e.g. underbody) is often excluded from insurance cover.

(3) RC explicitly points out to its customers that they are obliged to inform themselves about the scope of the insurance cover before booking insurance and to familiarize themselves with the local conditions (which also include the road traffic regulations) before handing over the motorhome.

(4) Scope of liability insurance cover: If claims are asserted by third parties for bodily injury, death and/or damage to property caused by driving and operating the vehicle, these can be covered by the liability insurance policy in place for the vehicle, which exceeds the basic liability with a total amount of $1,000,000 for each incident/accident. This liability cover is part of the rental agreement.

(5) Comprehensive insurance: In addition to the (extended) liability insurance in accordance with § 11 (4), VIP comprehensive insurance (comprehensive cover) can be included in the rental price for all vehicles. The VIP comprehensive insurance must be distinguished from the Comfort VIP comprehensive insurance, which can be booked as an additional service to the rental contract and which includes underbody protection compared to the VIP comprehensive insurance.

(6) Overview of the scope of cover for VIP comprehensive insurance: Provided that customers comply with the terms and conditions of the rental agreement and report accidents and/or damage immediately and avoid misuse of the vehicle, standard VIP comprehensive insurance generally covers the following types of damage and exclusions:

The insurance reduces the personal risk/deductible for the customer and registered driver in the event of damage (for all damage to the rental vehicle, regardless of how and by whom caused, including accidents not caused by the customer), theft and vandalism to US$ 1,000 per claim.

Damage caused by carelessness, negligence, breaches of the rental conditions and damage caused by natural forces, in particular damage caused by and as a result of

  • oil and cooling water levels not checked by the renter (check at least every 500 miles)
  • Driving under the influence of drugs and alcohol
  • Driving in unauthorized and unregistered areas
  • Refueling with a different fuel than specified
  • willful or malicious damage to the motorhome (inside or outside) by the tenant, passengers or guests
  • Personal overloading of the motorhome (more than available seat belts)
  • generally grossly negligent behavior – or driving style
  • improper use of the vehicle of any kind
  • Freezing of the existing water systems
  • Underbody damage, roof superstructures, theft of the catalytic converter (this can be covered with “Comfort VIP insurance”)
  • Tire damage of any kind including consequential damage (this is covered by a “Comfort VIP insurance”)
  • Glass damage (this can be covered with “Comfort VIP insurance”)

(7) The customer is responsible for all traffic violations and parking tickets.

§ 12 Behavior in the event of an accident, breakdown or other damage

(1) Damage report: In the event of accidents, problems, breakdowns or technical difficulties (including minor damage and punctures!) as well as special incidents in connection with the vehicle, customers are obliged to notify RC immediately. Any damage must be reported by the customer to RC within 48 hours with a personal contact of RC or by e-mail with confirmation of transmission to RC. An answering machine or SMS is not sufficient.

(2) Failure to report a claim: If a claim is not reported or not reported in good time within the meaning of § 1, RC is not given the opportunity to remedy the situation (in good time). RC cannot remedy damage if no report is made. The customer is therefore not entitled to compensation for failure to report damage.

(3) Conduct in the event of accidents: In addition to the reporting obligations under § 1 after an accident, including wildlife accidents (also in the event of fire, theft or other damage, together within the meaning of this § 12 “Accident“), in addition to reporting the accident to RC, the customer/driver must immediately call the police (“911”). In the event of an accident, the customer/driver may never leave the scene of the accident, and in the event of other damage, he may not leave the scene of the accident until he has fulfilled his duty to clarify the incident and establish the necessary facts within the framework of the legal requirements. The ban on unauthorized removal from the scene of an accident (“hit and run”), which is sanctioned under criminal law, must be observed. The customer is obliged to ensure that the police report with damage number must contain in particular the names and addresses of the persons involved and any witnesses as well as the registration numbers of the vehicles involved. If the police refuse to record the accident, the customer must prove this to RC. This also applies to self-inflicted accidents without the involvement of third parties. A customer’s accident/damage report must then also contain in particular the names and addresses of the persons involved and any witnesses, as well as the registration numbers of the vehicles involved.

(4) Minor repairs: Necessary minor repairs to the RV and/or associated necessary minor purchases (up to a value of 100.00 US dollars) can be carried out without the consent of RC. For repairs over 100.00 US dollars, the lessor must be informed in advance and approval obtained (hereinafter uniformly referred to as “minor repairs”). The costs incurred for minor repairs can be reimbursed in addition to the deposit to be refunded on presentation of the invoice (receipt), any necessary approval for minor repairs over 100.00 US dollars and proof of necessity on settlement. The regulations in § 7 (5) and (6) shall apply in addition.

(5) No acknowledgement: Claims for damages of any kind, irrespective of whether for property damage or personal injury to other parties involved in the accident, may not be acknowledged.

(6) Failure to report accidents: Failure and other omission to report accidents pursuant to § 3 the insurance cover shall lapse, cf. in addition § 11.

(8) Obligation to use an authorized workshop, other behavior in the event of damage such as breakdowns or repairs: RC authorized workshops are available nationwide for the event of damage. Cooperation with authorized repair shops in the event of a defect or damage makes it mandatory to have the damage repaired or rectified at the authorized repair shop, even if there is another repair shop in the immediate vicinity of the accident or breakdown site and longer journeys may be necessary as a result. In addition to the reporting obligations under § 1, the customer undertakes to immediately inform RC in writing of all details of the damage event, even in the case of minor damage, and also to state the date and time of the telephone damage report to RC and handover to an authorized workshop, for documentation purposes and to enable RC to make enquiries at workshops. Repairs and/or breakdown assistance carried out in RC authorized workshops are included in the rental price if the customer is not at fault for the damage event. Only RC organizes and places the necessary repair orders and additional or comparable orders with authorized workshops, with the exception of necessary oil changes, which the customer is entitled to order himself. In the event of non-compliance with these requirements for placing orders in the event of damage, the customer is obliged to bear the costs incurred by the order himself.

(9) Workshop stay: In the event of a workshop stay or unscheduled hotel stay of more than one day, RC will reimburse the customer for the motel or hotel costs in the amount of the maximum net rental price/day for the vehicle. If the repair takes more than 2 days, the customer will be provided with a car in the smallest category in addition to the hotel for the duration of the repair.

(10) Exclusion of compensation and remedy: Functionality problems with radio/cassette/CD, TV, video, microwave, all air conditioning systems, refrigerator including contents, all appliances such as oven, grill, etc., water pump, shower and toilet, generator, automatic stairs, cruise control and GPS are excluded from a claim for compensation and remedy, as well as unforeseeable damage that the landlord cannot influence. This applies to practically all non-warrantable components

§ 13 Permitted routes, route restrictions

(1) Spatially permissible rental area: The use of the RV within the USA and Canada (according to the logic it must be USA, Canada excluding Mexico, GTC only wrote USA – correct?!) is permitted with the exception of the following exclusions and provisions of this 13 is permitted. Crossing the US border into Mexico is strictly prohibited.

(2) Asphalted surface: Only driving on asphalted roads, asphalted paths and places approved for motor vehicles is permitted; driving on beaches, private roads, gravel roads, forest roads and other unpaved and non-public roads is not permitted.

(3) Desert regions: Travel in Death Valley and other desert regions is only permitted at the customer’s own risk. Accordingly, the customer/driver is liable for all damages resulting from this choice of route and is liable for all resulting claims and other damages and costs arising from driving through a desert region. In July and August, trips to Death Valley are only permitted with the utmost care and it is strongly recommended that these are avoided if possible.

(4) Urban areas, tunnels: Driving to Manhattan, New York City (driving in New York State is permitted) and driving through underground tunnels is prohibited, as is driving to San Francisco – Downtown – in particular due to the danger of the vehicle touching down.

(5) Experienced drivers, maximum RV length limit: Driving on the Cassiar Highway in Canada is generally permitted and approved for a maximum RV length of 24 feet and only for experienced drivers. Trips to Bella Coola, Canada are permitted and approved for a maximum RV length of 24 feet. A trip to the Rocky Mountains (near Denver) and downtown LA is also only permitted for experienced drivers.

(6) Alaska, Canada with Northwest Territories, Yukon and Newfoundland: Trips to the Yukon and Alaska must be registered, approved and paid for before the start of the trip, for which a surcharge of USD 360.00 plus tax will be levied as a fee in the event of approval. In Alaska, Yukon and Newfoundland, only public and/or numbered roads may be used. Driving in the Northwest Territories of Canada is not permitted. Furthermore, driving on the following Canadian roads is prohibited:

  • North of Ft. St. John on Highway No. 37,
  • Northern B.C. from Deas Lake to Telegraph Creek,
  • Road No. 6 north of Ross River (Yukon) and
  • road no. 10 north of Tuchita.
  • the Dempster Highway and trips to Inuvik along with the Tylor Highway north of Jack Wade,
  • Roads No. 4 and No. 6 north of Fairbanks (Alaska):
  • Road no. 5 north of Dawson

(7) Delays caused by mechanical damage are not included in the insurance cover for rentals in the northern regions of Canada. è I don’t understand, is this meant in terms of time or what?

(8) Cancellation of insurance cover for unauthorized routes and routes: For all roads and regions that are not contractually permitted or individually approved, any insurance cover for damage occurring there shall lapse, even if additional insurance has been taken out.

§ 14 Third-party providers

(1) RC is not liable for the information on prices and services provided by the service providers or tour operators it has brokered, for the provision of services themselves or for damages arising from these brokered services or brokered package tours.

(2) This does not apply if RC gives the impression of providing contractually agreed travel services under its own responsibility. This also does not apply if RC is considered a tour operator.

§15 Warranty

§ 16 Liability

§ Section 17 Notification obligations of the customer

Obligation to provide invoice information: The customer undertakes to inform RC immediately and without being requested to do so of any change to his invoice address after conclusion of the rental agreement and until the rental relationship has been fully processed.

Information on (other) drivers: In addition, the customer undertakes to provide the name and address of an authorized or unauthorized driver of the vehicle if RC has a legitimate interest in disclosure, in particular in the event of damage to the driver.

§ 18 Involvement of subcontractors

RC may use independent subcontractors for the provision of services and other fulfillment of the object of performance. However, RC shall always remain directly obligated to the client. RC decides at its own discretion which subcontractors as well as employees it uses or replaces for the provision of services and other fulfillment of the contract.

§ 19 Force majeure, voucher redemption

(1) No breach of contract: If and to the extent that the customer or RC is unable to perform its obligations under this contract due to a force majeure event, such non-performance shall not constitute a breach of this contract. The affected party shall be released from compliance with its obligations under this contract to the extent of the effect of the force majeure event, provided that it

a. could not have avoided the impact of the force majeure event by taking appropriate protective measures, but did not take them, in particular, in the case of customers, to take out travel cancellation insurance also in the event of entry restrictions due to the pandemic situation

b. was not aware of the impact of the force majeure event when the contract was concluded, whereby it is assumed as the basis of the contract that the possible effects of the coronavirus pandemic were known from March 2020 and

c. has endeavored to mitigate the effects of the force majeure event. In the event of force majeure due to the pandemic situation, the obligation to mitigate is not met if the customer is not prepared to accept a voucher redemption for a later travel date.

(2) Force majeure: Force majeure within the meaning of these General Terms and Conditions includes strikes, lockouts, official interventions, war, warlike conditions and civil war, energy and raw material shortages, operational hindrances through no fault of our own due to storms, lightning, fire, water, snow and ice, failure of communication networks and computers, IT system failure, cable fire, machine damage, accidents during travel through no fault of the customer, staff absences, official entry bans under infection control or comparable laws, travel warnings, in particular due to pandemics or epidemics or the risk of a pandemic or epidemic, etc. Cases of force majeure within the meaning of these GTC expressly include official entry bans and travel warnings, in particular but not exclusively in connection with the SARS-CoV-2/COVID-19 pandemic, which had not yet been issued at the time of conclusion of the contract or had not been issued for this time.

(3) No dissolution or termination of the contract: An automatic termination of this contract is not associated with a force majeure event. Rather, the customer and RC are obliged to adapt their obligations under this contract to the changed circumstances as a result of the occurrence of the force majeure event, taking into account the mutual interests of the customer and RC, in particular to agree a voucher redemption/rebooking. A flat-rate reduction or reduction of the remuneration of RC by the customer is not permitted. Claims arising from the voucher expire within 2 years of its issue.

§ 20 Entry advice

The customer must take care of his entry requirements himself. It is not RC’s responsibility to take care of this and to inform the customer. General information can be found in our USA information package, but without guarantee. Please contact the embassy or an immigration lawyer for further information.

§ 21 Final provisions

(1) Written form; text form: Unless otherwise specified in these GTC, written form means in writing or in writing by handwritten signature. Text form means a declaration on a durable medium (e.g. e-mail).

(2) Conflicting provisions: In the event of conflicting provisions in these GTC and the contractual agreement supplementing these GTC, the provision in the contractual agreement shall take precedence as the more specific provision over the provision in these GTC pursuant to § 3 (1). In particular, the customer’s GTC pursuant to § 1 (3) are not or shall not become part of the agreement. Verbal collateral agreements do not exist. Supplements, additions and amendments to any provision of the contract, including these GTC, and all waivers of any provision of the contract, including these GTC, require the form in accordance with § 19 (2) to be effective. This formal requirement also applies in particular to the waiver of the written form requirement under § 19 (1) as well as the formal requirement under § 19 (2), as well as the waiver of a (written) form requirement under § 19 (1) and (2) itself.

(3) Good conduct: The client and RC undertake to comply with the statutory provisions and to show mutual respect, good conduct and loyalty. The customer and RC are obliged to take into account the interests of the other party that are worthy of protection. These obligations also apply after termination of the contract and in relation to communication on the internet, online social media and comment platforms.

(4) Dispute resolution: The customer and RC agree to seek an amicable solution when asserting rights, taking into account each other’s particular situation.

(5) Entire agreement: The contract, including these GTC, constitutes the entire agreement between the customer and RC and supersedes all previous agreements relating to the subject matter of the contract.

(6) Severability clause: Should one or individual provisions of the contract, including these GTC, be or become voidable or invalid, this shall not affect the validity of the remaining provisions of the contract, including these GTC. The voidable or ineffective provision(s) shall be replaced by the provision(s) that RC would have reasonably agreed with the customer in accordance with the originally intended purpose of the voidable or ineffective provision(s) from an economic point of view. The same applies in the event of a loophole in the contract.

Status: January 1, 2022

Smoking and pets are prohibited throughout the Motor Home