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AGB Short Term Rental
1. general terms and conditions of contract
The object of the contract is exclusively the rental of a camping bus with standard or individual interior fittings and, if applicable, camping accessories by Soulfly Adventure Rentals GbR as lessor to the lessee.
Soulfly Adventure Rentals GbR is a German company represented by the managing directors Bryon Archer and Julia Stehning, each of whom has sole power of representation. The company is located in
Edelstetter Weg 7,
86381 Krumbach.
The contract shall be governed exclusively by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods and German private international law shall not apply.
The relevant documents for the contractual relationship are:
1. the rental agreement with the respective agreed conditions
2. handover protocol (defined in more detail in section 9.1)
3. the booking confirmation by e-mail
4. these general terms and conditions
All agreements between the Lessor and the Lessee must be made in writing or in equivalent electronic form; verbal collateral agreements are invalid. In individual cases, regulations laid down in writing shall take precedence over these General Terms and Conditions.
2. conclusion of the contract
By sending the completed booking form, the Hirer sends a binding offer to conclude the rental contract and accepts the Rental Firm's General Terms and Conditions.
Only after receipt of the written booking confirmation (by e-mail) actively triggered by Soulfly Adventure Rentals GbR shall the rental booking be bindingly accepted for the rental company and the rental vehicle shall be deemed to be firmly booked.
The landlord is entitled within the scope of his own freedom of disposition to refuse to conclude a tenancy agreement.
The down payment of a booking is 50% of the total rental price (including extras and service fee) and is due within 7 days after booking (i.e. after receipt of the booking confirmation). The balance of a further 50% of the total amount must be received by the landlord at least 30 days before the start of the holiday. If the booking is made less than 14 days before the start of the holiday, the total rental price is due immediately. If the deposit or balance is not paid on time, it is at the discretion of the landlord when the booking is finally cancelled.
3. use of the rental vehicle
The hirer uses the rental vehicle on his own responsibility and arranges his journey himself. The lessor does not owe any travel services. The statutory provisions on the package travel contract, in particular §§ 651 a-m BGB (German Civil Code), do not apply to the contractual relationship either directly or mutatis mutandis.
The rental vehicle may only be used within the states of the European Union as well as Great Britain, Norway, Iceland, Croatia, Andorra, Albania, Macedonia, Bosnia and Herzegovina and Switzerland. The Hirer is responsible for familiarising himself/herself with the country-specific laws, in particular technical specifications, proper equipment and traffic and regulatory regulations. The hirer is liable to the lessor for breaches of these obligations.
In particular, travel to Turkey, Russia, Morocco, Ukraine, Tunisia and all other non-EU countries is excluded.
The camping buses are rented out exclusively for private purposes, such as holiday trips, for participation in sporting events, everyday use or similar.
In particular, use for the following purposes is prohibited:
-Any commercial use, unusual driving behaviour (for example, same route several times there and back, taxi or shuttle rides). The rental of a camping vehicle for use as a home office space for office activities does not constitute use for a commercial purpose
-for use for flat removals
-to participate in motor sport events or car races
-vehicle tests, driving safety training or driving school exercises
-Renting out or lending out
-for the carriage of explosive, highly flammable, toxic, radioactive or otherwise dangerous substances
-for the commission of customs or other offences, even if these are only punishable under the law of the place where the offence is committed
-to use the vehicle for towing or pushing another vehicle or trailer
-Transportation of live or dead animals, except pets with appropriately booked pet flat rate
-Transport of goods exceeding the weight of the maximum values entered in the vehicle documents.
The vehicle must not be damaged by immersion in water, contact with salt water, passage through flooded areas, driving in sand and on dirty roads.
The pasting over and/or removal of the Soulfly advertising signs on the vehicles is generally prohibited.
If there are doubts about the use of the rental vehicle in advance, the rental company reserves the right not to hand it over. Any infringement shall entitle Soulfly Adventure Rentals GbR to terminate the rental contract without notice for good cause and, if applicable, to claim damages. If a misappropriation is recognisable in retrospect, the renter is obliged to pay damages.
4. vehicle driving authority
In principle, all natural persons of full age who have been in possession of a valid class 3 or B driving licence for at least one year at the time of hire are entitled to drive.
The renter and all drivers will be recorded in writing in the handover protocol. Each driver must present the original driving licence and a valid identification document to the rental company when handing over the vehicle. Copies will not be accepted. The renter is the owner of the rental vehicle for the agreed rental period.
The hirer shall be responsible for the driver's actions as if they were his own. Several hirers are liable as joint and several debtors.
All persons travelling with the vehicle during the rental period must be named to the Rental Firm. If there is any doubt as to the truthfulness of the number of passengers, the Rental Firm reserves the right not to hand over the rental vehicle.
The rental vehicle may only be driven by the renter himself/herself and the drivers specified in the handover protocol. If the renter allows an unauthorised driver to drive the rental vehicle, this constitutes a violation of the rental conditions. The Hirer is liable for any damage caused by an unauthorised driver. The unauthorised driver does not enjoy any insurance cover provided by additional services offered by the Rental Firm. Coverage in these cases exists exclusively within the framework of the statutory liability insurance.
The rental vehicle may only be hired out to corporate customers for permitted private purposes in accordance with Clause 3 of the Hirer or the Hirer's employees. If, on the basis of the contractual provision in the rental agreement, the Hirer, as a corporate customer, is permitted to let the rental vehicle to its employees, the Hirer is obliged to ensure that the rental vehicle is only let to employees who are authorised to drive within the meaning of this Clause 4.
The hirer or drivers may not drive the hired vehicle if their driving ability is impaired, in particular under the influence of alcohol, drugs or in the event of illness.
5. prizes
5.1 Total rental price
The total rental price is made up of the daily rental price, any additional equipment booked and the service fee. The daily rental price includes the use of the vehicle for the period specified in the
rental period specified in the rental contract. Also included are the costs for maintenance and wear-and-tear repairs as well as the agreed insurance cover. All kilometres covered by the Hirer with the rental vehicle are included in the daily rental price, unless otherwise agreed in writing and no unusual driving behaviour is apparent.
The prices published on https://soulfly.eu at the time of the conclusion of the contract apply incl. VAT rate.
In addition to the daily rental price, a service fee of € 99.00 per rental will be charged. An additional pet fee of €79.00 per rental is charged for bringing pets in the rental vehicles. This flat rate covers the costs incurred for the provision of the vehicle.
5.2 Travel expenses
All costs that are not expressly included in the total rental price and compensated with it shall be borne by the Hirer. This includes in particular travel costs such as fuel costs, parking fees, campsite fees as well as other pitch costs or transport fees such as ferry costs. For ferry bookings, the length specifications of the vehicle communicated on the website apply (in each case up to 6 metres in length).
In individual cases, it is possible that a previous tenant has paid certain costs or fees (e.g. annual vignette for Switzerland) for the rental vehicle, which can also be used by the tenant in the current rental relationship. There is no entitlement to such additional services.
5.2.1 Toll costs
The hirer must pay for all tolls and/or registration fees on site, in advance by bank transfer or by credit card. The hirer undertakes to obtain information about any tolls and environmental zones before entering the holiday country and to register in advance if necessary.
For journeys to Norway, the hirer must inform himself in advance about the payment modalities on www.autopass.no. Furthermore, the hirer is obliged to register at www.epcplc.com/rental before entering the country.
For trips to Sweden, the hirer must register in advance at www.epass24.com. The vehicle registration number can be added to the registration after the rental vehicle has been delivered.
If the hirer is travelling to France, the hirer is obliged to equip the vehicle with the necessary environmental sticker (Crit' Air) at his own expense. He/she undertakes to contact Soulfly Adventure Rentals GbR at least two weeks before the start of the rental period in order to obtain the necessary vehicle information.
In Portugal, registration or the purchase of a Toll Card www.portugaltolls.com is only necessary if the renter drives on a toll route on which the toll is collected electronically. The routes are specially marked.
In case of non-compliance, the Lessor will charge a handling fee of € 19.00 for each payment request in addition to the toll and penalty fees.
5.2.2 Penalties and fines
Penalty charges or fines are also at the expense of the tenant. The landlord charges a processing fee of € 19.00 per mandate for the processing of penalties, speed cameras and parking tickets.
5.3 Payment
The renter hereby authorises Soulfly Adventure Rentals GbR to charge the rental car costs owed under the contractual relationship and all other claims associated with the rental contract to the credit card presented at the time of conclusion of the rental contract or subsequently or designated in the rental contract. In particular, the Hirer authorises the Rental Firm to debit the credit card with the agreed fee pursuant to this Section 5.2.2. of the General Terms and Conditions for penalty tickets, speed cameras and parking tickets, the processing fee for damage and the processing fee for toll charges pursuant to Section 5.2.1.
5.5 Discounts
Special discounts cannot be combined with each other or with other discounts such as long-term or early booking discounts.
6. deposit
6.1 Amount of the deposit
A deposit of € 1,000.00 must be paid at the start of the rental period as security for the return of the vehicle in an undamaged and cleaned condition. The deposit will be acknowledged to the hirer on the handover form. The rental vehicle will not be handed over without the deposit. Failure to pay the deposit, full payment or security deposit on time shall entitle the lessor to terminate the rental contract without notice for good cause, subject to any claims for damages.
6.2 Payment and repayment of the deposit
Payment or refund of the deposit in cash is excluded. If the vehicle is returned in an undamaged condition, apart from the damage listed in the handover protocol, the deposit will be refunded.
However, this does not release the renter from liability for hidden or concealed defects or damage that are discovered by Soulfly Adventure Rentals GbR within 48 hours of returning the rental vehicle.
The tenant has the following options for depositing:
6.2.1. credit card:
When the vehicle is handed over, the credit card is blocked in the amount of the deposit. The blocking of the deposit by credit card is automatically released after 30 days.
6.2.2 EC card:
The deposit amount will be debited from the tenant's EC card upon handover. The tenant must ensure that the full amount can be debited and that it is not blocked by a debit limit of the credit institution. The deposit shall be repaid within 8 weeks after termination of the tenancy to the same account from which the deposit was paid.
6.2.3. referral:
The renter has the option of transferring the deposit in advance. The hirer must ensure that the deposit is already paid on the bank account when the vehicle is handed over.
account of the landlord has been received. The deposit shall be repaid within 8 weeks after termination of the tenancy to the same account from which the deposit was paid.
6.3 Retention
When the vehicle is handed over at the beginning of the rental period, any existing damage to the rental vehicle will be recorded in writing in the handover protocol and handed over to the Hirer.
In the event of an accident with the other party involved in the accident, the security deposit including the tenant's due deductible will be retained by the landlord until the question of guilt has been clearly clarified in or out of court.
Additional charges or costs (for example, special cleaning or handling fees) will be invoiced to the Hirer upon return of the vehicle, if they can be invoiced at that time. If additional costs are incurred, e.g. as a result of a fine, or if damage has been caused to the rental vehicle which was discovered upon return, the Rental Firm will charge the Hirer for these and other administrative costs (e.g. costs for claims processing, processing flat rate for fines) at a later date when Soulfly Adventure Rentals GbR has become aware of these costs.
The lessor is entitled to deduct the corresponding additional fees and costs directly from the deposit.
The tenant may raise objections to this calculation within a period of 14 days, starting from receipt of the letter, by e-mail or by post; this also applies to proof that the tenant is not the cause of the event triggering the costs or charges. If the tenant does not respond within this period, the costs will be charged to him.
7. rental period
The rental period extends from the agreed pick-up of the vehicle until the final return, which was recorded at the time of booking.
The vehicle must be collected at the times specified in clause 9. The vehicle must be returned by the times specified in Clause 10.
If the rental period is exceeded, € 50.00 will be charged for each hour or part thereof, unless the Hirer is not responsible for the late return, for which the Hirer shall bear the burden of proof. If the Lessor incurs damage due to a late return of the vehicle as a result of lost profit or claims for damages by the subsequent Lessee, these claims for damages shall be borne by the Lessee who returned the vehicle late.
If the rental vehicle is returned prematurely before the agreed return date, the full rental price agreed in the rental contract must still be paid. In general, the Lessor does not agree to automatically convert the rental relationship into a rental relationship continued for an indefinite period of time.
The minimum rental period is 3 nights all year round.
8. cancellation or change of booking
8.1 Deadlines
The following deadlines apply for cancellations and changes to binding bookings:
8.1.1 Cancellation between 0 and 14 days before the agreed start of the rental period
The full total rental price including extras must be paid to Soulfly Adventure Rentals GbR. Due to the declared withdrawal, there is no entitlement to a rebooking or a cancellation voucher.
8.1.2 Cancellation between 14 and 30 days before the agreed start of the rental period
Cancellation fees amounting to 50% of the total rent will be charged. The tenant will receive a cancellation voucher for the remaining 50% of the total rent or this sum will be credited towards a rebooking for another period. A refund of the deposit already paid is excluded.
8.1.3 Cancellation between 30 and 90 days before the agreed start of the rental period
The tenant will receive a cancellation voucher for the full amount of the deposit paid to date or can rebook his booking for another period. A refund of the deposit already paid is excluded.
8.1.4 Cancellation up to 90 days before the agreed start of the rental period
The entire deposit amount paid to date will be refunded. If the tenant has paid for his booking with a cancellation or value voucher, he will only receive a cancellation voucher to the value of the payment made with it.
8.2 Non-collection
If the vehicle is not collected at the agreed time, the full total rental price including extras must be paid to Soulfly Adventure Rentals GbR. Due to the declared withdrawal, there is no entitlement to a rebooking or a cancellation voucher.
8.3 Rebookings
If a rebooking results in a higher total rental price than the one originally agreed, the hirer shall pay the difference. If, on the other hand, the new rental price is lower, the tenant shall receive a cancellation voucher for the difference compared to the originally agreed rental price. If, on the other hand, the new total rental price is lower, the tenant shall receive a voucher for the difference compared to the originally agreed total rental price.
8.4 Early return
In the event of premature termination of the rental contract by returning the rental vehicle, there is no entitlement to a partial refund of the rental price, a cancellation voucher, or a (partial) rebooking for another rental period.
8.5 Cancellation Vouchers
A cancellation voucher is valid for 3 years from the date of rebooking or issuance. The rebooking or cancellation date is decisive. After expiry of this 3-year period, there is no entitlement to a renewed rebooking or issue of a cancellation voucher. For a cancellation paid for with a cancellation voucher, the expiry date of the original cancellation voucher applies to the subsequent cancellation voucher issued. A cash payment of the voucher value is not possible.
If payment is made with cancellation vouchers, the prices and GTC current at the time of the conclusion of this booking apply in principle; there is no entitlement to the original rental price. The resale of cancellation vouchers is not permitted.
8.6 Cancellation of additionally booked equipment
Equipment already booked cannot be cancelled separately from a booking. Equipment costs will not be refunded in the event of cancellation.
9. takeover of the rental vehicle
The vehicle shall be taken over exclusively at the Lessor's location in Memmingen as defined in Clause 1. The rented vehicle must be collected punctually by the Hirer on the agreed date. In principle, pick-ups are limited to the period between 12:00 noon and 6:00 p.m., whereby the Hirer specifies the exact pick-up time when making the booking. If the pick-up time specified by the Hirer is exceeded by more than one hour, the Hirer is obliged to pay compensation of € 50 per hour for this period.
The lessor shall hand over the vehicle to the lessee in a technically faultless, serviceable and roadworthy condition. Upon takeover, the vehicle is also cleaned inside and out, fully fuelled and all operating materials are checked. In addition, the hirer receives the registration certificate part I/vehicle registration document and a key.
If the hirer has special requirements for his vehicle (e.g. winter tyres in September), the hirer must be informed as early as possible. Each request will be checked for feasibility on a case-by-case basis. The rental company will try to fulfil these extra requests, but reserves the right not to fulfil them if technical or logistical problems arise. These extra requests, even if unfulfilled, will not affect the existing contract.
The renter is obliged to inspect the vehicle before handing it over and to ensure that all defects are recorded in the handover report. Defects that are claimed by the renter at a later date can no longer be taken into account.
9.1 Handover protocol
On the occasion of the handover of the vehicle, a handover protocol to be signed by the lessor and the lessee shall be drawn up. The following contractual elements are recorded in writing in this protocol and signed by both parties:
-All apparent defects and complaints
-the speedometer reading
-All eligible drivers
-Acknowledgement of the deposit payment according to item 6
-Listing of all added items
10. return of the rental vehicle
The vehicle shall be returned exclusively to the Rental Firm's location in Memmingen as defined in Clause 1. In principle, returns are limited to the period between 08:00 and 14:00. If the rental vehicle is not returned on the day agreed in the rental contract and if the Hirer does not immediately report the reason for the late return, the Rental Firm must assume that the Hirer is using the rental vehicle illegally. The lessor is then entitled to file a complaint with the competent authority.
Upon return of the camper, the renter is obliged to inspect the rented vehicle together with a representative of Soulfly Adventure Rentals GbR. In the course of this inspection, any new damage to the vehicle that has not already been noted in the vehicle handover report will be recorded in a return report. In the event of damage, the lessor will invoice the damage within 14 days of the return of the vehicle. If hidden damage, e.g. due to external contamination, is not recognisable during the inspection of the vehicle, the unobjected return of the vehicle shall not lead to a negative acknowledgement of debt by Soulfly Adventure Rentals GbR.
The rental vehicle must be returned with a full tank. A tank that is only partially filled will be refilled by the rental company, charging the specific petrol costs for filling the tank and a handling fee of €19.00.
The rental vehicle must be cleaned inside (swept, vacuumed and wiped) and handed over to the rental company by the renter. In the event of excessive soiling on the outside, a cleaning fee of € 50 will be charged. If the toilet cassette or waste water tank is not emptied, a fee of € 100 each will be charged. If the rental vehicle is not handed over properly cleaned inside (swept, vacuumed and wiped), a special cleaning flat rate of € 100.00 will be charged, whereby the hirer is permitted to prove that no damage has occurred at all or that the damage is significantly lower than the special cleaning flat rate.
Any cleaning costs incurred for heavy soiling, e.g. on the upholstery, on the interior ceiling or interior walls, will be retained from the deposit and charged at least a special cleaning flat rate of € 200.00, whereby the tenant is permitted to prove that no damage was incurred at all or that the damage was considerably less than the special cleaning flat rate.
11. duty of care and diligence
The Hirer shall handle the rental vehicle with care and observe all regulations and technical rules relevant to its use and shall always lock the rental vehicle properly and protect it against theft. The operating instructions of the rental vehicle as well as all installed devices etc. must be strictly observed. In particular, the Hirer undertakes to observe the existing
Observe the traffic regulations in the respective countries. Driving is only permitted with a secured or locked gas bottle.
The hirer and fellow travellers are responsible for compliance with foreign exchange, health, toll, passport, visa, traffic and customs regulations. All possible costs and disadvantages that may arise from non-compliance with these regulations shall be borne by the hirer.
Smoking is not permitted in the rental vehicles. If the smoking ban is disregarded in the rental vehicle, € 500.00 will be retained from the deposit to compensate for the loss in value and to have a professional smoke residue removal carried out. The hirer is permitted to prove that no damage has occurred at all or that the damage is considerably less than the special cleaning fee.
Pets, especially dogs, are only allowed on special marked buses for small pet owners. These can be booked for a special fee. Should the landlord notice that pets have not been registered and booked separately, the
The lessor may subsequently deduct the pet fee from the deposit paid. Should the camping vehicle be scratched or particularly dirty on the inside or outside due to a small animal being brought along, the lessor also reserves the right to charge the lessee for the corresponding loss in value of the rental vehicle as well as cleaning costs retrospectively.
The hirer is obliged to secure any cargo properly so that no damage is caused to the vehicle and this also does not pose a risk to the passengers. The applicable statutory regulations on securing loads must be observed. The hirer is liable to the lessor for all consequences resulting from a breach of the above obligations.
12. repair and maintenance
During the rental period, the hirer is obliged to take all necessary measures to maintain the camper in the condition it was in when hired. The hirer must pay attention to the warning lights in the vehicle display and take all necessary measures in accordance with the operating instructions.
In particular, the hirer is obliged to check the oil level, the coolant level and the tyre pressure and condition before and during the journey.
The hirer takes over a full Adblue tank at the start of the journey. The hirer is obliged to check the Adblue tank regularly and, if warning signals light up, to ensure that the Adblue tank is filled up properly at his own expense without delay.
The tenant is liable for all consequences resulting from the breach of these maintenance obligations.
Ongoing maintenance costs, such as operating materials for the rental vehicle, shall be borne by the renter during the agreed rental period. The costs for the prescribed maintenance services and necessary wear and tear repairs shall be borne by Soulfly Adventure Rentals GbR.
Any modification or mechanical intervention on the camper is prohibited without the prior written consent of the lessor. Should this rule be violated, the hirer is obliged to pay the costs necessary to restore the vehicle to the condition it was in at the time of hire.
Repairs that become necessary to ensure the operational or road safety of the vehicle may only be commissioned by the renter with the consent of the rental company during the rental period. The repair costs shall be borne by Soulfly Adventure Rentals GbR. upon presentation of the relevant receipts, provided that the renter is not liable for the damage.
13 Liability of the tenant and insurance
The strict liability of the lessor for initial defects and negligence in accordance with § 536a Para.1, Alt.1 BGB is excluded. The liability of Soulfly Adventure Rentals GbR for intent and gross negligence remains unaffected.
The rental vehicle is covered by third party liability and fully comprehensive insurance. The sum insured of the liability insurance amounts to € 100 million.
The Carefree Package is automatically included with every booking. This includes the following components:
-deductible of € 1500.00. For young drivers under 23 years of age, a deductible of 2500.00 € applies.
-Unlimited mileage
-An additional driver at no extra charge
-Mobility service: In the event of a breakdown at home or abroad, the rental company will make every effort to provide a replacement car or have a repair carried out as quickly as possible.
-Breakdown assistance: All services are to be arranged only by the landlady and at her discretion and coordinated by calling the 24h landlady hotline.
In the event of accidents, loss, theft or improper operation of the rental vehicle (such as driving on unpaved roads) or breach of contractual obligations under these GTC, the Hirer shall be liable for the repair costs incurred as a result, in the event of total loss for the replacement value of the rental vehicle less the residual value, unless the Hirer is not responsible for the occurrence of the damage. In addition, the Hirer shall also be liable for any consequential damages incurred, in particular depreciation, towing and salvage costs as well as expert fees.
The Hirer shall be liable in the same way for damage culpably caused by his relatives, workers, employees, passengers or other third parties who have come into contact with the vehicle through or via the Hirer, insofar as he culpably omits to establish in an evidentiary manner the person and the object necessary to enforce any claims for compensation by the Owner.
The Lessor. is authorised to fulfil or defend claims for damages asserted against the Lessee on the Lessee's behalf and to make all declarations deemed expedient for this purpose within the scope of dutiful discretion.
If claims are asserted against the renter out of court or in court, the renter is obliged to report this immediately after the claim has been made. In the case of claims asserted in court, Soulfly Adventure Rentals GbR. shall be left to conduct the legal dispute. Soulfly Adventure Rentals GbR. shall be entitled to instruct a lawyer on behalf of the renter, who must be given power of attorney and all necessary information by the renter and provided with the requested documents.
The lessor shall indemnify the renter in accordance with the principles of comprehensive insurance on the basis of the currently valid model conditions of the AKB (General Conditions for Motor Vehicle Insurance) with excess plus a lump-sum cost for damage per claim of € 49.00 to the rental vehicle. The renter shall be permitted to prove that Soulfly Adventure Rentals GbR. has not incurred any damage or that the damage was significantly lower than the flat-rate cost.
The hirer is fully liable, regardless of fault, for the following damages, whereby liability can be partially limited or excluded via appropriate carefree packages:
Tyre damage: Any costs incurred for the towing service, the tyres themselves or the fitting of the tyres must also be borne by the hirer. The spare wheel on the rented vehicle may not be fitted by the renter, but only by a towing or breakdown service;
Stone chips in windscreens: Stone chips in windscreens are repaired or replaced depending on size and location;
Damage to the interior of the vehicle.
Other damage: Damage caused by driving on unpaved roads, including the resulting costs such as for recovery, towing or tyre damage.
There is no insurance cover for damage to the vehicle caused when using ferries or car trains. All costs for damage incurred on the respective means of transport are to be borne by the hirer. The Hirer is obliged to report any ferry or other transport damage to the Rental Firm.
Young drivers under 23 years of age have an excess of 2500.00 € per claim. In all other cases, the excess is 1500.00 €.
The Hirer shall be fully liable in the event of wilful breach of the contractual obligations, in particular for damage caused when the vehicle is used by an unauthorised driver or when the hired vehicle is used for prohibited purposes. If the hirer has deliberately committed a hit-and-run offence or breached his obligations in accordance with clause 15, he shall also be fully liable, unless the breach has no influence on the determination of the claim. In the event of a grossly negligent breach of a contractual obligation, the hirer shall be fully liable if he causes the damage intentionally. If he causes the damage by gross negligence, he shall be liable in proportion to the severity of his fault; the burden of proof for the non-existence of gross negligence shall be borne by the tenant.
For the rest, the tenant is liable according to the legal regulations.
Soulfly Adventure Rentals GbR estimates and settles damages on the basis of cost estimates from a German contract workshop or by its own specialist personnel using standard software for calculating damages (SilverDAT) and on the basis of the cost structure of a contract workshop at the registered office of the rental company.
A handling fee of € 49.00 will be charged for the processing of any kind of damage incurred during the rental period which has to be processed by the lessor.
The premature parking of the rental vehicles at the location or in the vicinity of the location (regardless of whether it is public or private property) is at your own risk! The lessor accepts no liability for damage occurring up to the official end of the rental period.
In the event of loss of the vehicle licence, the rental company will charge a processing fee of € 200.00. If a key is lost, Soulfly Adventure Rentals GbR will charge a processing fee of € 1,000.00.
14. exemption from liability
The exemption from liability covers damage caused by an accident, i.e. by an event directly and suddenly acting from the outside with mechanical force; operational damage and pure breakage damage are not accidental damage.
The hirer is also not liable if the lessor obtains compensation for the damage caused from the other party involved in the accident, from third parties or from the existing comprehensive insurance.
In particular, the exemption from liability does not cover damage caused by a switching error or incorrect fuelling (water tank or diesel fuel tank), improper use (such as driving on unpaved roads) or by the load.
Damage to the awning, the interior of the rental vehicle or the pop-up roof including roof tent caused by operating errors is also not covered by the exemption from liability.
The following remarks are in addition to this:
-The awning must never be extended in strong wind or rain and must never be left unattended when extended. The costs for a new awning with installation must be borne by the tenant in the event of non-compliance. These may exceed the deposit amount.
-The water system cannot be cleaned if diesel fuel has been improperly filled into the tank. It must be completely replaced. This concerns tanks, boiler, pump, taps and pipes. The costs are to be borne by the tenant in full. Likewise, the hirer is liable for all resulting damage to the rental vehicle and accessories. The same applies in the event of incorrect refuelling of the diesel fuel tank.
15. behaviour in the event of accidents and damage
In the event of a breakdown or malfunction of the rental vehicle (e.g. engine lamp lights up, flat tyres), the hotline of Soulfly Adventure Rentals GbR must be contacted to clarify the further procedure.
In the event of any damage to the rental vehicle during the rental period, the Hirer is obliged to inform the Rental Firm immediately in writing of all details of the event that led to the damage to the rental vehicle. The accident report must in particular contain the names and addresses of the persons involved and any witnesses as well as the registration numbers and insurance details of the vehicles involved. For this purpose, the hirer shall carefully and truthfully complete the accident report form in the glove compartment. This form can also be requested from the rental company at any time by telephone or can be downloaded from the website of Soulfly Adventure Rentals GbR. The Hirer must send the form electronically as a scan to the Rental Firm without delay.
If the renter fails to comply with this obligation, Soulfly Adventure Rentals GbR reserves the right to charge a contractual penalty of €1000.00.
After an accident, fire, theft, damage caused by game or other damage, the hirer must also immediately inform the police on site. This also applies to accidents caused by the hirer without the involvement of third parties. If the Hirer fails to have the damage recorded by the police, he/she shall be fully liable for any resulting economic disadvantages to the Owner. Opposing claims may not be recognised.
Apart from the standardised European accident report, no documents relating to the accident may be signed.
If damage is detected on the road, Soulfly GbR must be informed immediately by e-mail. If repairs are necessary, the rental vehicle must be parked immediately before further damage can occur. The continuation of the journey, even to the
nächsten Werkstatt, ist nur nach der vorherigen Zustimmung der Soulfly GbR zulässig.
This does not apply if consequential damage can be excluded due to the nature of the damage.
Should the renter bring the rented vehicle to a workshop or have it brought to a workshop, Soulfly GbR must be informed immediately during its business hours and before placing the repair order about the workshop, duration and costs of the repair. Approval of the repair shall be awaited. Soulfly GbR shall only assume repair costs if the repair has been approved by Soulfly GbR in advance and only on presentation of corresponding receipts. Soulfly GbR must be informed immediately of the exact contact address of the repair shop.
16 Liability of the landlord
Any liability of the lessor for breach of its contractually regulated obligations shall be limited to intent and gross negligence, including intent and gross negligence on the part of its representatives and vicarious agents. Soulfly Adventure Rentals GbR shall be liable in accordance with the statutory provisions if there is a breach of a material contractual obligation (cardinal obligation). In this case liability shall be limited in scope to compensation for the foreseeable damage typical of the contract. Liability for culpable injury to life, limb or health remains unaffected.
Soulfly Adventure Rentals GbR will provide the rental vehicle at the time of rental. Should the rented vehicle not be available at the start of the tour for any reason, the rental company will provide an appropriate replacement vehicle. Should this also not be possible, the payments made by the renter will be refunded by Soulfly Adventure Rentals GbR.
As far as possible, the Lessor shall attempt to provide the Lessee with a replacement vehicle in the event of damage or a workshop during a current rental period, provided this is available. Except in the case of damage due to initial defects, the rent shall also continue to be paid during a case of damage or workshop, a reduction in accordance with § 536 BGB is excluded in this respect. Required workshop days or lost days of holiday due to damage occurring during a rental shall not be reimbursed to the Hirer.
If the Hirer leaves items behind when returning the hired vehicle, the Rental Firm is only obliged to store these items if this is reasonable and subject to the Hirer bearing the costs.
If private vehicles are parked on the premises of Soulfly Adventure Rentals GbR in individual cases, the lessor accepts no liability for damage or theft. It is imperative to clarify the parking with the lessor.
17. storage of personal data
Within the framework of the implementation or fulfilment of the contract with the Hirer, it is necessary for the Rental Firm to process personal data of the Hirer. The scope of the data processing as well as the relevant legal basis and further information in accordance with Article 13 DSGVO can be found in the data protection declaration of Soulfly Adventure Rentals GbR.
As a matter of principle, no data is transmitted to third parties.
However, we may be required to release this data in individual cases due to requests from government agencies or private service providers (e.g. car park operators, tolls).
As a result of the use of a navigation device, navigation data entered during the rental period may be stored in the rental vehicle. If mobile phone or other devices are connected to the rental vehicle, data from these devices may also be stored in the rental vehicle. If the Hirer wishes that the aforementioned data is no longer stored in the rental vehicle after the return of the vehicle, he/she must ensure that it is deleted before returning the vehicle. Deletion can be effected by resetting the vehicle's navigation and communication systems to the factory settings. Instructions for this can be found in the operating instructions in the glove compartment. The Lessor is not obliged to delete the aforementioned data.
18. non-assignment clause
The assignment of claims arising from the rental contract to third parties, such as spouses or other fellow travellers, is excluded. The same applies to the assertion of other claims in one's own name.
19 Jurisdiction and limitation
The place of jurisdiction for all disputes arising from this contract is Memmingen.
If the accident was recorded by the police, claims for damages by Soulfly Adventure Rentals GbR against the renter shall only become due once Soulfly Adventure Rentals GbR has had the opportunity to view the investigation file. The limitation period shall begin at the latest six months after the return of the rental vehicle.