General Terms and Conditions

General Terms and Conditions WebCamper

Rental companies (the "lessor"):

Voyages Emile Weber s.à.r.l.

15, rue d'Oetrange

L-5411 Canach

Phone: (+352) 20 35 10 51

VAT no.: LU 11593456

Luxembourg Business Register B16639

1. Subject of the contract

1.1 The rental agreement obliges the lessor to provide the lessee with a camper for the duration and terms of use specified in the rental agreement. The lessee is obliged to pay a rental price as well as all other costs incurred during/through the use of the camper.

1.2 When handing over and returning the camper, the lessor and the lessee together create a handover/return protocol of the vehicle, which is part of the contract.

2. Booking and payment methods

2.1 The reservation is made online, by e-mail or by telephone. In the case of a telephone or e-mail booking, the lessee first receives a written offer by e-mail, which must be confirmed within 48 hours of receipt of the offer, otherwise the offer is considered null and void.

The reservation is binding only after receipt of the written confirmation of the reservation.

2.3 A deposit of 200 € is due upon conclusion of the contract, but no later than 7 days after return of the written confirmation by the lessee to the lessor. The balance must be paid no later than 60 days before the start of the rental. The lessor reserves the right to withdraw from the contract and to charge cancellation fees in accordance with point 6 in the event of non-compliance with the aforementioned deadlines after sending a payment notification and after expiry of a reasonable period of time.

2.4 If the reservation is made less than 60 days before the start of the rental, the entire rental amount must be paid immediately.

3. Price

3.1 The rental price corresponds to the amount specified in the rental agreement, which depends on the category of the camper, the selected rental period and the selected additional packages and service packages. The rental price also covers an insurance according to point 8 of these General Terms and Conditions as well as the maintenance costs resulting from normal/fiduciary use of the camper.

3.2 All additional costs/expenses in connection with the rental of the camper, in particular fuel, toll charges or fines or legal proceedings, shall be borne by the lessee.

4. Handover/return of the camper

4.1 The handover and return of the camper takes place on the premises of the lessor at the time specified in the rental agreement.

4.2 The lessee is obliged at the time of handover of the vehicle to present his identity card and valid driving license valid for the duration of the rental of the Camper, otherwise the lessor will refuse to provide the vehicle. Documents must be submitted in the original version, copies are not permitted.

4.3 The collection of the camper takes place from 3 pm on the first rental day and only by appointment. The vehicle is washed, cleaned and filled with fuel.

4.4 The lessor and the lessee shall draw up a handover protocol the Camper, in which possible damage to the vehicle and the inventory of the Camper is pointed out. This handover protocol is signed by the lessor and the lessee and is part of the rental agreement.

4.5 The lessee returns the camper in the condition determined in the handover protocol. The lessee will ensure that the camper is in a clean condition and the tank of the vehicle is full, otherwise the lessor will charge a flat rate of €200.

4.6 All damage to the camper or the inventory of the camper determined at the time of return shall be borne by the lessee. The burden of proof that the damage is not due to the behavior of the lessee lies with the lessee. Damages or the absence of part of the inventory will be invoiced on the basis of a price list attached to these rental conditions.

4.7 If the lessee does not return the vehicle after the end of the agreed period of use or does not return the vehicle at the time agreed in the rental agreement, the lessor shall be entitled to require a usage fee equal to the agreed rental price for the retention period exceeding the contract period. In addition, the lessor can assert claims for damages against the lessee.

4.8 An extension of the rental period is only possible with the express consent of the lessor. The right to use the rental vehicle only extends to the period of use agreed in the rental agreement. Further use after the end of the rental period does not lead to an extension of the rental contract, even if the lessor does not raise any explicit objections.

4.9 The return of the vehicle before the end of the agreed rental period does not lead to a reduction in the rent agreed in the rental agreement.

5. Obligations of the lessee

5.1 The vehicle may - except in urgent cases - only be driven by the lessee himself or by the driver(s) (s) specified in the rental agreement; if necessary, the lessee is obliged to inform the lessor of their exact names and addresses on the day of delivery and to hand over copies of their identity card and their driving license. The lessee must ensure that the other drivers can operate the camper and that no driving bans are imposed on them.

5.2 The use of the camper is limited to the private use of a camper, which is considered «normal», whereby commercial use is prohibited. Sublease is also prohibited.

5.3 The transport of pets is generally strictly prohibited in the camper. However, the lessee has the right to take a dog with him, provided this is provided for in the selected category of the camper. The lessee pays a flat rate of 80 euros for cleaning.

5.4 Travel within the Member States of the European Union and the European Free Trade Association as well as in the United Kingdom and Andorra is generally permitted within the framework of the rental of the camper, unless otherwise provided in the rental agreement. For any trip to countries not listed above, the lessee must have received the prior written consent of the lessor.

5.5 The lessee is obliged to contact the lessor immediately in the event of damage or an accident. The lessor informs the lessee about the next steps and leads him to a partner garage to repair the camper. The lessee is not entitled to make repairs or modifications to the camper without the express written consent of the lessor himself.

5.6 Smoking is not allowed in the rental vehicle. If the ban on smoking is not observed in the rented vehicle, 500 euros will be deducted from the deposit provided under point 9 of these General Terms and Conditions to compensate for nuisance and for professional cleaning of traces of smoke.

6. Cancellation by the lessee - no-show of the lessee

6.1 The lessor has the right to charge a one-time processing fee of €30 per booking to the lessee in the event of even a partial cancellation by the lessee. Even if the lessee has the option of terminating the rental agreement before the start of the lease, he is obliged to pay lump-sum compensation in connection with the total price, taking into account the time of termination:

Up to 60 days before the start of the lease: €30

59 to 45 days: 25%

44 to 30 days: 50%

29 to 8 days: 75%

7 to 1 day(s): 90%

No show*: 100%

*Non-appearance of the lessee or refusal to hand over the vehicle in case of invalid identity documents of the lessee.

6.2 The cancellation fees also apply to cancellations of additional options or additional packages.

6.3 When calculating the compensation, the date of receipt of the notice of cancellation by the lessor is taken into account. Cancellation by the lessee must be in writing.

7. Cancellation by the lessor

7.1 The lessor has the right to terminate the rental agreement immediately if the lessee or one of his accompanying persons after the handover of the vehicle, even after a reminder, significantly disrupt the agreed contractual conditions, shows a manner of conduct, which makes a continuation of the rental contract unacceptable for the lessor and/or the other parties involved, or if the lessee/companion does not adhere to objectively justified rules. In this case, the lessor has the right to terminate the rental contract and to demand the immediate return of the rental car to his premises, while respecting his right to payment of the total price specified in the rental contract, without prejudice to the right to compensation.

7.2 The lessor reserves the right to terminate the contract before the handover of the vehicle. If the cancellation is not due to a fault of the lessee, all payments already made in direct connection with the order will be refunded to the lessee after cancellation of the contract.

8. Insurance

8.1 The rental price includes a fully comprehensive insurance with excess (€1,200) for the camper. The excess of €1,200 applies per damage.

8.2 The lessee is fully responsible for the intentional violation of his contractual obligations, in particular in the event of damage, caused by the use of the rental vehicle by an unauthorized driver or the use of the rental vehicle for prohibited purposes.

8.3 Damage to the awning, pop-up roof, fold-down bed and interior of the vehicle caused by improper handling by the renter is not covered by the insurance.

8.3 The early return of the rental vehicles at or near the location is at the lessee’s own risk. The lessor shall not be liable for any damage incurred up to the agreed end of the rental period.

8.4 Personal belongings of the lessee are not covered by the insurance of the lessor.

9. Warranty deposit

9.1 The lessee must provide the lessor with a security deposit of €1,200 when taking over the vehicle, which can be paid in cash or by bank card.

9.2 Upon return of the rental car in accordance with the rental agreement and without detection of defects to or in the vehicle, the lessor will refund the entire guarantee to the lessee. Any additional expenses/costs related to the use of the camper (damage, deterioration, fuel costs, fines, etc...) will be deducted from the above amount upon return of the camper. The lessor reserves the right to retain the guarantee until he has certainty about the amount of the costs.

10. Geolocation of the vehicles

10.1 The lessee expressly agrees that the rental vehicle is equipped with a geolocation system. This system enables the recording of the travelled speeds and distances (location) and is used to record the operating data of the vehicle. All data will be processed in the strictest confidence, taking into account the provisions of point 11 of these General Conditions.

11. Processing of personal data

11.1 Any contract between the lessor and the lessee may include the collection of personal data by the Lessor from the Lessee, the processing of which is necessary for the performance of the contract and/or the fulfilment of legal obligations. In such cases, the data may be processed, stored and archived by the lessor or even passed on to third parties or subcontractors. Any transfer of personal data is carried out in accordance with Luxembourg law and the law of the European Union, in particular the General Regulation on the Protection of Personal Data (No 679/2016/EU).

11.2 Unless otherwise stated, this information includes the name of the lessee or his/her representative (if it is a legal person), a correspondence postal address, a billing address, an email address, a telephone number. However, if this is necessary for the performance of the contract, the information to be transmitted by the lessee may be more extensive.

11.3 Access to this data will be secured and the lessor will inform the lessee of any violation of his rights in accordance with the provisions of this point.

11.4 The lessee declares that he has been informed that, on the one hand, in accordance with the legislation applicable in the Grand Duchy of Luxembourg on the processing of personal data, he shall have access at any time to the personal data concerning him and its rectification and, on the other hand, have the right to refuse the processing of his data, with the consequence that the lessor then reserves the right to refuse the conclusion of the contract with the lessee, if this data is necessary for the performance of this contract.

11.5 The data may be stored for the entire term of the contract and ten (10) years after the expiration of the contract, without prejudice to any limitation periods, legal or regulatory requirements that require a longer retention period.

12. Limitation period for complaints

12.1 Complaints about insufficient services - except personal injury - must be submitted by the lessee within thirty (30) days (the postmark applies) after the contractually agreed return of the rental car to the lessor. The lessee may be granted a longer period if he can prove that such a period extension is justified.

12.2 The right of the lessee according to point 12.1. to complain - except for personal injury - usually expires one year after the end of the lease.

13. Final provision

13.1 The Lessor reserves the right to modify these General Terms and Conditions. Changes can only be opposed to the lessee if the lessee has been informed in writing before the conclusion of the lease.

14. Applicable law

14.1 Luxembourg law applies to these General Terms and Conditions and to the leases concluded.

15. Dispute Resolution

15.1 Disputes arising from these General Terms and Conditions or the validity, interpretation, implementation or termination of the rental agreement concluded between the lessor and the lessee are subject to the Mediation Regulation of the Centre de Médiation Civile et Commerciale (CMCC) Luxembourg, to which the parties in this case accede by signing a mediation agreement pursuant to Articles 1251-9 of the new Code of Civil Procedure.

15.2 Pursuant to Article 1251-9 of the new Code of Civil Procedure, the signing of the mediation agreement suspends the limitation period during mediation.

15.3 The obligation to settle disputes through mediation provided for in these General Terms and Conditions shall be deemed to have been fulfilled and the mediation shall be deemed to have ended within the meaning of Article 1251-5 paragraph 2 sentence 3 of the new Code of Civil Procedure, if, at the end of the first hearing before the mediator, the parties or one of them decides not to continue their settlement of the dispute through mediation.

15.4 If a mediation under the Mediation Regulation of the Centre de Médiation Civile et Commerciale (CMCC) in Luxembourg cannot settle a dispute between the lessor and the lessee, the courts of the Grand Duchy of Luxembourg will have exclusive jurisdiction to deal with and resolve this dispute.

These General Terms and Conditions are available in German, French and English. In the event of discrepancies between these versions, the German text shall be authentic.

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