Applicable law, position of the customer, the contract
The contract is solely for the use of a VW bus. A contract is concluded between the owner (EBV or site partners) and the user, the solely by the law of the Federal Republic of Germany or the country of travel, and in particular the provisions of this agreement, in addition the statutory provisions of the agreement/contract, application find. _ the user designed its driving itself and uses the vehicle independently. The owner owes no travel services and in particular no entirety of travel services. Part of the contract is also the completely to be filled by the user and the owner and signing Transfer Protocol. Multiple users are liable as joint and several debtors. EBV is a pure Renting Page the contract will be done according to this Terms and conditions, the legal contract is clothed witth our Partner at your destinations, The vans and insurance is under responsibility of Partner.
The price valid for the renting, is the one which is at the moment currently offered on the Web site or shown in the individually created offer. Seperat special deals to that offer need to be requested. Legally, these offers can be drawn only by the Executive Board. The legal VAT of the rquested country is included. Fuel costs, operating costs (such as additional gas bottles), lubricants (as far as needed during the period of use), tolls, parking, camping -, pitch - and ferry-costs also fines and other penalties shall be borne by the user. Fines or penalties are paid by the owner, if they are based on a failure for which the owner of the vehicle is responsible and the users couldn’t avoid the damage in particular in compliance with its obligations (see e.g. paragraph 11 and 14). The user fee includes the abandonment of the vehicle for the period of renting as well as the costs of the insurance coverage according to para. 13, and the costs for maintenance and wear and tear repairs.
The reservation is made, if the agreed payment amount is entered on the business account of EBV and the tenant has received a written confirmation of the rental period. To guarantee an optimal utilization of the vans, we reserve the right to divide the buses just before beginning of the renting period. The reservation of a certain bus can be done only in exceptional cases and for an additional fee. The vans shown in the internet are example buses and do not necessarily coincide with lent buses, because the bus fleet is regularly renewed. All lent buses are however equivalent and do not deviate from the standards shown in the internet.
Conclusion of the contract
With the completion of the contract, the total amount of the invoice is due. The payment deadlines are shown in the contract and the invoice. Furthermore: 14 days prior to the rental the complete price needs to be paid. If – in exceptional cases – a cash payment is agreed, it must be paid the latest at the beginning of the booking or at the van-pick-up. In addition, a deposit of 500 € is due which is paid in cash at the beginning of the renting. The deposit serves as a security for all claims of the owner of and in connection with the concerned vehicle use. The owner is entitled to refuse the release of the vehicle if the payment of the total amount has not entered until the duedate or the contracted drivers didn`t handover a valid driving licence which entitles them to drive a vehicle of the booked car class. In this case the vehicle was not taken by the users culpably conduct, with the consequences represented in para. 8. Additional riders who have not presented a driver's license, may be deleted by mutual agreement to avoid the above consequences.EBV, is allowed to reject renting all the time, or shorten the timeline of renting, if there is anything not according to EBV rules with the client.
The owner grants the user a right of withdrawal, if our damage is refunded according to the following generalization:
As a rental period is considered the time starting with the delivery of the vehicle until the return of the van at the agreed location at the agreed time. Every hour delay is calculated with 25 EUR. If the delay endangeres the next renting the costs are borne by the tenant. In addition a penalty payment over 50 EUR is due, if the delay was not announced before. In case of a premature return of the vehicle before the date of the return, the full agreed price needs to be paid anyhow. An earlier return of the van needs to be requested at least one day before.
Authorized drivers are the ones registered in the rental agreement and who are in the possession of the drivers licence class 3 or B. The minimum age of the driver needs to be 23 years, (this age is depending on the country you are renting) deviating data needs to be discussed with the executive board. The vehicle must be carried only by holders of a corresponding valid driving licence (after passing probation period). In the infringement, the owner has a right to a termination without notice. The user is liable for any damage caused by unauthorized management of the car. The user is obliged to announce the names and addresses of all drivers of the vehicle as far as they are not named in the agreement itself. For every fault of drivers, which the user has passed the vehicle, he is personally liable. The vehicle must be secured with the greatest care against theft and damage. The user is obliged to follow exactly the laws of the use of the vehicle. The tenant is prohibited to use the vehicle for investments in motor sport events, car tests, for the carriage of explosive, flammable, toxic, radioactive or other hazardous substances, to commit customs or other offences/crimes or to navigate in not planned or unsuitable terrain. Also a commercial use of the vehicle is not allowed. Smoking in the vehicle is not permitted! The vehicle must be used only within the States of the European Union, such as Norway, Croatia and Switzerland. The green card needs to be observed. The owner needs to be informed about the travel destionations before the renting.
Take-over, return, unauthorized exceeding of usage time
It is improtant to adhere to the take-over- and return times registered in the contract. IMPORTANT: The vehicle must return time completely tidied up and clean. During the take-over the tenant needs to sign a transfer protocol which states condition of the vehicle, its accessoires and defects. By signing of the handover protocol, the user accepts the terms and conditions of EBV’ƒ. Take-over and return takes place at the agreed transfer station. IMPORTANT: Prior the beginning of his holiday the user is obliged to participate in a technical briefing of the van by the lessor. All functions of the van must be checked (e.g. cooker/stove, refrigerator, water system, etc.) by the user prior to the start of his journey. The user commits himself to treat the vehicle with care and to return it with clean, undamaged interior (according to the transfer protocoll already existing damages are excluded). The owner is not obliged to the custody of goods that the user leaves in the vehicle. All vehicles are non-smoking vehicles: smoking is not allowed. If the tenant wants to take animals, this is to clarify in advance with the owner. If an animal is taken, the tenant needs to eliminate all generated traces such as hair or other debris before returning the van. For vehicles returned dirty, there will be charged a cleaning fee of 50 EUR. Separately billed will be the cleaning of: Refrigerator 15 EUR cushion 15 EUR All vehicles need to be brought back with the same level of fuel that it was while the take-over of the van. Fueling by the landlord will be billed with 15 EUR plus the price for the fuel. It is expressly forbidden to attach stickers to the vehicle.
The tenant bears the ongoing running costs for the vehicle during the rental period, which means: refueling, parking tickets, etc., the landlord bears all maintenance costs. In the case of mechanical failure, the landlord is to contact immediately in order to discuss the way forward. Costs incurred without prior consultation shall be borne by the tenant. Repairs that had been made by arrangement are only paid by the landlord after the presentation of the original invoice. Costs incurred for any nights, car hire etc. are hedged through an ADACplus membership concluded privately by the tenant. If no insurance is concluded, the cost shall be borne by the tenant.
Borrowed items such as cutlery, bike carriers etc. must be returned complete and in proper condition. The tenant assumes the costs for their replacement.
Wear and tear damage go basically to the expense of the owner, if they are not attributable to improper handling of the vehicle. In the case of damages that are observed during the holiday, the owner should be advised immediately. If a reparation will be necessary, the vehicle should be stopped and immediately turn off. A continuation of the jouney (even until the next workshop) is only allowed with the consent of owner. All windows have to be closed by driving, and the vehicle have to be treated like in the initial introduction from renter described. There are signes and user manual in each van, they are the guideline for good treatment. In case of theft of the vehicle, the landlord is to contact immediately, the deposit will be withheld. The vehicles are not insured against theft, so the careful selection of a parking lot is the highest priority.
Behavior in accidents
In road traffic accidents (even those with minor damage), the user has to take all the measures to ensure the preservation of evidence (accident details) and the claims of the owner against third parties. The tenant has to call the owner of the vehicle and the police and has to wait until the police has arrived. Opposing claims may not be acknowledged and an acknowledgement of debt should not be made by the tenant. Also in case of fire and damages caused by game animals the user immediately has to call the owner of the vehicle before taking any further action. Only the sizes are assured by the landlord, which were completed in the tenant's insurance package. Cell phone bill cost or cost of failure or similar will not be refunded by the landlord.
The vehicle is insured in accordance with the applicable insurance conditions as follows: Liability insurance: damage to property and financial losses: up to 50 million EUR. Personal injury per injured person: up to 8 million EUR. Comprehensive cover: 1000 EUR per damage is the deductible. A fully comprehensive insurance is granted from a rental period of 2 weeks. There is no insurance is for any transported goods. The loss of the papers of the vehicle, tools, accessories, and personal items is always at the expense of the user, insofar as there is no fault of the owner. EBV works with independend location partners, which provide their own rental fleet insurance. Deviations from the above mentioned conditions of insurance may be communicated to the tenant in the offer. EBV acts only as an intermediary. The location partners are liable of all insurance claims.
The user's liability / obligations of the user
The user is liable for all damages including the total loss of the vehicle due to his fault. The user is liable without limit in particular for damages arising through the cargo or improper treatment such as poor storage or inadequate closure. As far as the damage is balanced by an insurance, in particular by insurance companies after paragraph 13 the user benefits from the insurance, but anyhow the deductible stated in paragraph 13 must be paid. A self-adhesion of the user mainly occurs due to lack the of obligation, especially if the damage is caused by alcohol or drug-related minds. The same applies for the damage caused by the failure to observe the vertical height or if the tenant uses the vehicle not as intended or passes it to not authorised persons or violates the rules of behavior after traffic accidents. Further obligations of the user: in the case of vehicle failure the user has to take care of the structural maintenance. The owner of the vehicle is to contact immediately to clear the following steps. The user has the obligation to bring the van to the return location which is determined in the offer. The ADACplus insurance is to use for that. Benefits of ADACplus insurance can be taken in consultation with the insurance claim (E.g. Hotel accommodation, replacement vehicle (car) for home, etc.). If other defects occur during the time of use (e.g. failure of the fridge, water pump, etc.) the user has a duty to cooperate: In some cases it could be possible that there will be a need to visit a mobile home / caravan trade operation or a mechanic to remedy the deficiency. But the first step is the consultation of the owner of the vehicle. If coordinated like this, the costs of the repair will be refunded completely after. IMPORTANT: In the case of occurring faults - during the holiday travel - no claims for damages arise against the owner of the vehicle. The user is obliged to inform himself (e.g. at the ADAC) of the regulations in the country he is going to travel to and to comply with them (speed limits, limit tables, sets of replacement lamps, etc.). Please note: when using ferries or trains a special insurance policy is to be completed by the user (train- or ferryinsurance). If this insurance is not completed, all costs of an accident or total loss of the vehicle from sinking are born by the user. Deficiencies which are noticed or occurred shortly before the delivery of the van, which do not impair the ability to drive or the road safety of the vehicle, must be ruled as follows: a: either the user acquires the vehicle e.g. a day later. In this case the refund is about the value of 1 day. b: he takes the van including the defects without any refund.
Liability of the owner
For any damage that is not covered by the insurance, the liability of the owner in the case of damage to property and pecuniary loss is limited to cases of intent and gross negligence unless that the contractual obligations have been violated. This limitation of liability also applies for the benefit of employees of the owner and its location partners or other vicarious agents. Claims for damages of the user against the owner as a result of vehicle breakdown or any defects on the vehicle are excluded. If the vehicle is not available at departure due to a failure of the vehicle or a mecanical fault, the owner will - if possible - provide another vehicle. If there will be no other vehicle, the user has the right to immediately terminate the contract. In this case, the user receives back the fee immediately. Claim for damages of the user are excluded toward the owner.
Storage and disclosure of personal data
The user agrees that his personal data is stored by the owner. The disclosure to third parties is allowed in special cases, if false information was made in the agreement, if the vehicle is not used or returned correctly, if the claims of the owner are not duly fulfilled or if a procedure is operated because of unlawful or disorderly behaviour against the user or its passengers.
Place of jurisdiction
Each location is responsible for all disputes. EBV occurs in mediating role.
With the payment, the tenant acknowledges the terms and conditions of EBV.