Terms and Conditions*
of Campanda GmbH represented by its managing directors, Mr. Luka Dremelj and Mr. Robert Rutkowski, Wrangelstr. 100, 10997 Berlin, phone: +49 (0)30 8095 20 444, fax: +49 (0)30 8095 20 499, e-mail: firstname.lastname@example.org, registry court Berlin-Charlottenburg, registry number: HRB 149092 B (hereinafter “Campanda”).
1. Object of the Contract, Scope of T&C
1.1 Campanda is an online platform (the “Platform”) dedicated to the rental of motorhomes, trailers and other recreational vehicles (the “Vehicles”). Registered users can search for Vehicles via this platform; book these Vehicles online as a renter; or add their own Vehicles online for rent if they are the owner of the vehicle (the “Vehicle Owner”, “Renter” or together, the “Users”). Most offers presented on the Platform are offers of other Users which Campanda merely brokers; the contracts are formed directly between the individual Users for which Special Rental Conditions may apply (see item 1.4). Campanda’s proprietary offers presented separately on the Platform, on the other hand, are for Vehicles which Campanda offers for rent in its own name and for its own account; to this extent, Special Rental Conditions of Campanda apply.
1.2 The Terms and Conditions of Rental (the “T&C”) apply to the use of the Campanda Platform and to all contracts formed in connection therewith, as well as all transactions that are of a legal character, or of a character similar to a legal transaction, between individual Users of the Platform, but also between Users of the Platform and Campanda per se.
1.3 Campanda expressly opposes any and all terms and conditions of the User which deviate from these T&C and are meant to apply to the relationship with Campanda. They do not constitute an integral part of agreements unless Campanda has expressly approved their application.
1.4 In addition to these T&C and, depending on the Vehicle, Special Rental Conditions of the Vehicle Owners apply to Users who are Renters, or – in the case of a proprietary offer from Campanda – the Special Rental Conditions of Campanda, i.e. contractual provisions which govern the individual specifications of the rental (the “Special Rental Conditions”). The Special Rental Conditions of the individual offer can be prompted on the website and are forwarded to the Renter together with these T&C by e-mail after the Renter makes a binding booking. In the case of conflict between these T&C and the Special Rental Conditions, the individual provisions under the Special Rental Conditions prevail.
2. General Terms and Conditions of Use for the Campanda Platform
2.1 Registration, formation of contract
2.1.1 To merely visit the Platform and view the available rental Vehicles does not require a registration. However, as soon as the User strives to form a rental agreement for a Vehicle with another User or with Campanda, the User must register.
2.1.2 Users of the Platform must be of legal age and competency. Campanda may ask for the User to provide the respective proof such as, e.g. a copy of their identity card or of their driver’s license.
2.1.3 The personal information provided during the registration process must be truthful and complete. It is inadmissible to register on behalf of third parties, or to enter third-party particulars. The User shall immediately communicate any changes to their personal information to Campanda, or amend their personal information in their user account on the Platform.
2.1.4 By sending the completed registration form on the Platform, the User submits a binding offer for the formation of a user agreement with Campanda. Campanda will then send a confirmation e-mail to the User. Following the receipt of this e-mail, the user agreement has been formed which governs the relationship for the use of the Platform between Campanda and the User (the “User Agreement”).
2.1.5 This will not affect Campanda’s right to decline individual Users as contractual partners without giving any reasons. Both the confirmation e-mail as well as the possible refusal of the User will be issued within 5 working days the latest following the User’s registration on the Platform.
2.1.6 Detailed information about the registration process and about how the User recognizes and corrects input errors during registration are available on the Platform.
2.2 User account, login details
2.2.1 Following the successful registration, Campanda will create a user account for the User which the User can access with its username and password (the “Login Details”). The e-mail address which the User registered equals the User’s username. The User creates its own password and may change this at any time via the password-protected login section of the Platform.
2.2.2 The User shall undertake to keep the Login Details secret and protect the details against unauthorized third party access. If the User misplaces its Login Details or if the User has the suspicion or establishes that the details are being used by a third party, the User shall immediately inform Campanda accordingly.
2.2.3 Campanda has the right to temporarily or permanently freeze the User’s Login Details if the User breaches these T&C, especially if the User
- provides false details during registration;
- discloses Login Details, especially the password, without authorization; and/or
- misuses the Platform;
and/or to terminate the User Agreement in the event of the culpable and serious or the repeated breach of these T&C, for cause and without notice. Following such an incident, the User may not re-register without the express prior approval of Campanda.
2.2.4 Moreover, Campanda may temporarily or permanently freeze the Vehicles on offer for individual Users, or the possibility to enter into a rental agreement if the User culpably breaches the provisions under these T&C; repeatedly received negative reviews from other Users after having rented a Vehicle; or if any other reason applies to the User per se which renders the formation of further contracts unreasonable for other Users.
2.3 Costs, cancellation, term, termination
2.3.1 The User Agreement formed with Campanda (cf. item 2.1.4) is as such free of charge for the User. The User has no obligation to enter into a payable rental agreement or to rent a Vehicle. A statutory cancellation right therefore does not apply even if the User is a consumer (cf. Section 312 (1) of the German Civil Code (Bürgerliches Gesetzbuch, BGB)).
2.3.2 The User Agreement may be terminated by either Party with three weeks’ notice to the end of the month without giving any reasons. The right to terminate the Contract for cause remains unaffected. Cause on behalf of Campanda includes in particular the culpable breach of obligations stipulated in item 2.2.3 and item 2.5 by the User.
2.3.3 Upon termination of the User Agreement, the comments which the User added to the Platform or any other content may remain available in principle (cf. item 2.4). The User’s profile and possible Vehicle offers will be deleted.
2.4 Rights to User Content published on the Platform
2.4.1 If required, the User will be given the possibility to publish offer descriptions, comments, reviews, photos or other content (the “Content”) on the Platform. The individual User may hold rights to the Content (e.g. copyrights/ancillary copyrights, etc.). Campanda limits its involvement to the operation of the Platform; to the illustration of User Content; and to enabling an interaction between the Users, if applicable. To maintain the operation of the Platform, Campanda, however, requires the following rights:
2.4.2 If the User uploads Content to the Platform, the User grants Campanda the transferable, simple, irrevocable right of use, unlimited in terms of territory and time and insofar as is required to operate the Platform. The User especially grants the right to provide the individual Content in the context of the Platform for technical retrieval and to execute the required reproduction for this (storage on Campanda servers, etc.). Moreover, the User grants Campanda the right in the context of the Platform’s functionalities and for the purposes of online and offline promotion, to make generally accessible, to send, to process and to publicly disclose the Content on the Campanda Platform, but also on third-party sites. This also includes the right to perform respective acts of exploitation in the context of those respective additional functionalities, such as Newsfeeds (of various format), other Push or Pull services, as well as the use of contents on technically-optimized versions of the Platform on mobile end user devices or with the respective Apps.
2.4.3 Campanda reserves the right to technically access the Platform with an Application Programming Interface (“API”) key, to facilitate the use of the Platform by or in the context of third-party Internet service providers or of Users, possibly inclusive of access to the Content uploaded by the individual User. To this extent, the User grants the transferable, simple right, unlimited in terms of territory and time, extending access to the respective third party, and permitting the possible subsequent making available to the public, or sending, of the Content.
2.4.4 The rights granted in the above meaning apply also beyond termination of the User Agreement. This does not apply to Content that refers to offers of the User; such Content will be erased with the legally valid termination of the contract.
2.4.5 Notwithstanding the above, Campanda reserves the right to delete individual Content or offers of the Vehicle Owner without stating reasons. Following the termination of the User Agreement, there is no right for a specific Content to remain accessible via the Platform.
2.5 Requirements for posting offers, comments and reviews on the Platform
2.5.1 The User may add rental offers, descriptions, but also comments and reviews on specific Vehicles or rental offers to the Platform and for this may upload text copy as well as photos or other contents (together referred to in the following as the “Contents”). Campanda, as a genuine Platform operator, cannot and will not proactively examine these Contents for potential inadmissible content. Therefore, the Users are obligated to comply with the following rules of conduct:
2.5.2 As the Vehicle Owner, it is for the User to ensure that the Contents uploaded are complete, truthful and always current in relation to their rental offers. Moreover, it is for the User to ensure that the Vehicle offered is de facto available during the stated date range and that it complies with any and all consumer information obligations (e.g. caution regarding applicable or non-applicable cancelation rights) as well as other statutory provisions (e.g. fair competition rules, regulations under trademark and copyright laws, etc.). As the circumstances may require, Campanda may add the User’s Content to the Platform following a separate agreement. Even in these cases the Vehicle Owner is obligated to provide to Campanda only such Content that meets the above requirements. The Vehicle Owner examines the Content again after it has been uploaded to the Platform and corrects said Content, insofar as necessary. Campanda does not accept any guarantee or liability for incorrect or incomplete information stated in the User’s offers.
2.5.3 Stalking (i.e., the deliberate and persistent following or pestering of other Users) is prohibited in the context of using the Platform. Should Campanda obtain knowledge of stalking incidents, it reserves the right to terminate the User Agreement without notice and if necessary, will inform law enforcement agencies.
2.5.4 The infringement of personality rights and all forms of defamation and mobbing are also prohibited on the Platform.
2.5.5 Reviews and comments must be issued for Users’ private use only and for the purpose of exchanging experiences. It is not permitted to use Campanda’s review and comment functionality for commercial and/or business purposes. This refers in particular to a personal opinion disguised as a “comment”, or a promotional activity; any form of merchandise or services offered in return for payment; or the request for a respective offer.
2.5.6 The User must not apply any automated or manual procedures by which the data on the Platform can be read, saved, processed, modified, forwarded or misused in any other form or manner. No e-mails/messages may be intercepted; the profiles of other Users must not be hacked.
2.5.7 It is not permitted to publish, send or forward in any other manner personal information of other Users or third parties (e.g. names, phone numbers, e-mail addresses) unless the respective User expressly approved of this.
2.5.8 No viruses, Trojans and respective scripts or programs or similar malware may be downloaded onto the Campanda Platform. Sending spam e-mails / spam messages is equally prohibited.
2.5.9 The User may not upload any illegal Content in any form or manner to the Platform. This refers, for example, to Content and Contents relevant under criminal law that can be prosecuted under civil law, and here in particular, the following Content is inadmissible:
- Content that is insulting, defamatory or otherwise malicious and/or of racial or xenophobic tendency;
- Content that breaches the right to the protection of privacy and/or otherwise the general right of personality and/or threatens others in any other form or manner or pressures or would pressure others if it were carried out;
- Content that breaches the right of third parties to their own image (e.g. photos which show individuals who did not consent to their likeness being shown on the Platform);
- Content that violates trademark laws (trademarks, company logos, titles) or other industrial property rights (e.g. design rights or patents) of third parties (e.g. product piracy);
- Content that violates items of third parties protected by copyrights and/or ancillary copyrights (e.g. pirated copies of music, movies and software); and/or
- Content that links third-party Internet offers.
2.6 Guarantee, liability, indemnity obligation of User
2.6.1 The User ensures toward Campanda that it is authorized and has the capacity to grant the rights within the scope as established in item 2.4 of these T&C. The User also ensures not to upload any Contents onto the Platform whose object or content violates the provisions of item 2.5 of these T&C, and not to commit any activities prohibited there.
2.6.2 The User is solely responsible for all offers, Contents, especially text copy, videos and photos and for the existence of the legal positions required for this, which the User adds to the Platform, just as the User is solely responsible for its conduct, reviews and contributions to the Platform. As a rule, Campanda will not examine the Contents and conduct of the Users unless other Users or third parties informed Campanda of possible legal infringements.
2.6.3 The User shall undertake to release and hold harmless Campanda as well as its Management Board, its employees and other co-workers from any liability and all costs, including legal fees for legal defense as well as potential and actual costs of judicial procedures as well as fines established or to be established by a court and if third parties assert a claim against the above persons because the User culpably breached the guarantees and obligations in the meaning of items 2.2.3, 2.4, 2.5 and 2.6.1 of these T&C. The same applies if the claim is the result of other illegal content as well as in cases in which the claim was made by a consumer protection agency or an official agency. Campanda undertakes to immediately inform the User of the claim and, insofar as is possible and reasonable, grant the User the opportunity to avert the claim made against it. The User undertakes to immediately communicate to Campanda all information available to the User that regard the situation concerned.
2.6.4 Possible claims for damages of Campanda beyond this remain unaffected.
2.7 Guarantee, liability of Campanda
2.7.1 Campanda’s guarantee for the services rendered in connection with the operation of the Campanda Platform and the brokering services is governed by statutory provisions. Campanda will not assume any liability in connection with the rental agreements formed exclusively between the Renter and the Vehicle Owner.
2.7.2 Campanda will not accept any guarantee for the accuracy and completeness of the Contents and offers of Users; for the Content of User profiles; or for any other information and Content which Users upload to the Platform. As soon as Campanda has been informed that illegal Content has been uploaded to the Platform, Campanda – possibly after consulting with the User – will delete the Contents.
2.7.3 Otherwise, Campanda will be liable in accordance with statutory provisions for damage to the User which was caused willfully or with gross negligence or which is due to the culpable breach of material contractual obligations. “Material contractual obligations” are deemed those whose fulfilment facilitates the proper performance of the Contract and compliance with which the contractual partner may rely upon in accordance with regulations and the breach of which by the respective counterpart jeopardizes the fulfilment of the purpose of the contract. Moreover, Campanda is liable according to statutory provisions for damage due to the absence of a warranted quality in connection with the operation of the Platform, the result of the injury to health, body or life for which Campanda is responsible, or for liability under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG). Otherwise, liability – regardless of the legal grounds – is excluded. Campanda is especially not liable for damage in connection with breaches of duty on behalf of Vehicle Owners relative to possible rental agreements or in connection with the loss of data insofar as such damage could have been averted by way of a routine and complete backup of all relevant data by the User.
2.8 Newsletter, advertising
2.8.1 Campanda reserves the right to regularly send newsletters as well as news about the Platform to the User by e-mail, possibly after a separate approval. The newsletters and news are of editorial content, contain news and information about the functionality or Vehicle offers on the Platform and even third-party promotional offers. The User may unsubscribe any time from the newsletter and news via the links included in the newsletters or by sending an e-mail to email@example.com.
2.8.2 When subscribing to the Campanda newsletter, the User expressly agrees to the collection and use of information which the User makes in relation to sending out the newsletter. To send out the newsletter, the e-mail address and possibly the last name and first name of the User are used. For more information, see Campanda’s Privacy Statement.
2.8.3 Campanda reserves the right to submit third-party advertising on the Platform (e.g. in the form of banners). However, such advertising, as is common on the Internet, will be shown separately from the actual Platform Contents.
2.9 Data privacy
The respectful, confidential treatment of personal information is an integral element of Campanda’s corporate philosophy. Campanda greatly values compliance with the relevant data privacy provisions, especially those laid out in the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and in the German Telemedia Act (Telemediengesetz, TMG). For details regarding data privacy, please refer to Campanda’s Privacy Statement.
2.10 Amending the T&C
Campanda reserves the right to amend or supplement these T&C. The User will be informed by e-mail or in writing of the planned amendments or supplements no later than four weeks before they are scheduled to take effect. If the User does not oppose the amended T&C within four weeks after having received the e-mail, starting as from the day following the notification of the amendment, in text form (e.g. by letter, fax, e-mail), the amended T&C shall be deemed accepted. Campanda will specifically stress the possibility to object, the deadline for the objection, the text form requirement as well as the relevance or the consequences of refraining from an objection, in the notification of the amendment. If the User contests the changed T&C in due form and time, the contractual relationship will continue subject to the current terms and conditions. In such a case, Campanda reserves the right to terminate the contractual relationship at the next possible date.
2.11 Contract language, applicable law, jurisdiction; dispute resolution
2.11.1 German is the prevailing language for the rental agreements formed through the services of Campanda as well as for rental agreements formed via the Platform with Campanda or third parties. No separate contractual wording beyond these T&C is provided for the User Agreement with Campanda. The Content of the User Agreement results from these T&C as well as the details transmitted during the registration. If a Vehicle is booked, the Special Rental Conditions of the Vehicle Owner or Campanda as well as further variable rental conditions, the T&C of the payment service provider, MANGOPAY S.A. as well as the applicable insurance conditions will be indicated separately to the User. Campanda will store the details, although the User will not be able to retrieve these separately via the Internet at a later point in time.
2.11.2 The law of the Federal Republic of Germany only shall govern the contract. The UN Sales Convention and International Private Law are excluded. If the User is a consumer, i.e. a natural person entering into a legal transaction for purposes that primarily are ascribed neither to their commercial nor their self-employed professional activity (cf. Section 13 BGB), the mandatory consumer protection provisions as are applicable in the country where the Renter has its ordinary residence apply beyond this insofar as they offer additional protection to the Renter.
2.11.3 If the User is a merchant, a legal person under public law, or a special fund under public law or does not have a place of general jurisdiction in Germany, the courts of Berlin-Mitte shall have exclusive jurisdiction for all disputes and claims arising from the contractual relationship.
2.11.4 The link to the OS platform of the EU Commission for the settlement of disputes pursuant to Section 14 (1) of EU Directive no. 524/2013 is: http://ec.europa.eu/consumers/odr/. Campanda is not obligated by law nor voluntarily to partake in a dispute settlement procedure by a consumer arbitration service. In the event of a conflict, Campanda shall endeavor to come to a mutually acceptable solution for both Parties. Since arbitration services are payable, Campanda shall not partake in a dispute settlement procedure before a consumer arbitration service in the User’s well-understood interest of cost.
2.12 Additional duties on behalf of the User, prohibition to bypass
2.12.1 The Users shall undertake to treat the information of other Users of which they obtain knowledge in the context of the rental confidentially and not to pass it to third parties under any circumstances unless such action is necessary for the performance of the contract or is mandatory by law.
2.12.2 Users are prohibited from bypassing Campanda’s brokering and commission arrangement. Prohibited bypassing applies especially if Users who previously learned of an offer on the Platform, contact each other directly or exchange their contact information (e.g. address, name of company, phone number, e-mail address) using the communication functionality of the User account with Campanda. Should a User contact another User directly prior to forming a contract, the respective other User shall refer such User to the Campanda Platform. The User is prohibited from canceling a contract signed via the Platform in order to enter into the contract with the respective counterpart outside of the Platform thereafter. For the term of the User Agreement with Campanda, and in the event of booking Vehicles repeatedly, Users undertake not to directly contact the respective other User in order to process future rentals outside of the Campanda Platform.
3.1 The Vehicle Owner alone is responsible for the Vehicle being adequately insured for the intended use as a rental vehicle. It ensures that the Vehicle is either covered under a self-drive rental policy or that the Vehicle complies with the insurance terms of a policy provided through Campanda (cf. item 3.2).
3.2 If the Users form a rental agreement for the Vehicle’s non-commercial use through the Platform then, depending on the offer, insurance coverage may exist with an insurance partner of Campanda. The insurance coverage depends exclusively on the individual special terms and conditions of insurance, as well as the terms and conditions of insurance, of the insurance partner, which can be prompted through the offer on the website. When the Vehicle Owner uploads a Vehicle or when the Renter makes a booking, the User agrees to these terms and conditions of insurance separately. The insurance coverage through an insurance partner of Campanda is in any event excluded if the rental agreement was not formed through the Platform and through brokering by Campanda.
3.3 It is for the Renter to obtain information regarding the terms and conditions of insurance for the individual Vehicle. The terms and conditions of insurance may also include restrictions relative to the age of the User; to the requirements for the driver’s license; or the territory where the Vehicle can be driven, and become part of the contract with the User at the time of making the booking. The User is obliged to observe these. The User is informed that providing incorrect or incomplete information when registering with Campanda or when booking a Vehicle may lead to a loss of the insurance coverage.
4. Vehicle Rentals on the Platform
4.1 Vehicle brokering and proprietary offers of Campanda
4.1.1 Users may rent Vehicles of other Users on the Platform. Apart from Campanda’s proprietary offers (see item 4.1.3), Campanda merely brokers vehicle rental agreements between the Users as Vehicle Owners and Renters. Brokering on behalf of Campanda is free of charge for the Renter.
4.1.2 The vehicle rental agreements which are payable are formed in principle between the individual Users. To this extent, the Users alone are responsible for the content of the agreement as well as for the performance of the agreement. Special Rental Conditions of the Vehicle Owner may apply which are communicated to the User when booking, for the User’s information, and which will be sent to the Renter upon confirmation of the booking.
4.1.3 Vehicles labeled explicitly as “Campanda Rental” imply that Campanda itself is the Lessor of the Vehicle and that Campanda refers to authorized representatives or vicarious agents to provide the Vehicles. Campanda, however, does not itself own any Vehicles. The vehicle rental agreement is then formed directly with Campanda and Campanda alone is responsible for the offers and the performance of the contract in these cases. To this extent, the Special Rental Conditions of Campanda apply which will be sent to the User for its information after the User finalized the booking.
4.1.4 The object of all contracts formed via the Platform – except for additional insurance policies taken out – is exclusively the rental of the Vehicle and possibly of accessory equipment. Neither the Vehicle Owner nor Campanda provide travel services or an integrated offer for travel services.
4.2 Presentation on the website, offer and booking of a vehicle, formation of a rental agreement
4.2.1 The presentations of Vehicles on the Platform do not constitute a binding offer on behalf of the Vehicle Owner or on behalf of Campanda.
4.2.2 Once the User has selected a Vehicle, the User has multiple options to form a rental agreement with the Vehicle Owner or with Campanda (cf. item 4.1.3):
- As a general rule, the User initially sends a non-binding inquiry to the Vehicle Owner or to Campanda using the respective button on the website. If the inquiry is for a proprietary offer of Campanda, Campanda itself will process the request; otherwise, it will forward it to the Vehicle Owner. Without obligation, Campanda or the Vehicle Owner may then submit a binding offer to the Renter by e-mail. The User accepts the Vehicle Owner’s offer bindingly by clicking onto the “Book Now” button. This constitutes the rental agreement.
- The User’s inquiry may also be placed non-specifically by placing a rental request. Campanda will try to forward the rental request to suitable Vehicle Owners which may then submit a binding offer to the User. Campanda may also submit a binding offer. The User accepts the offer bindingly by clicking on the “Book Now” button to acknowledge the offer.
- The Vehicle Owner or Campanda as such may also offer their Vehicles on the Platform via the Direct Booking functionality. In these cases, the Vehicle’s presentation on the Platform already constitutes the binding offer on behalf of the Vehicle Owner or Campanda. The User bindingly accepts this offer by clicking on the “Book Now” button at the end of the booking process. This constitutes the rental agreement.
- The User may also directly and bindingly reserve “Last Minute” offers on the Website made available by the Vehicle Owner or Campanda. The contract is formed in accordance with the above bullet point (Direct Booking functionality).
4.2.3 Unless otherwise agreed, a 24-hour term of acceptance applies to binding offers on behalf of the Vehicle Owner or Campanda. If the User does not accept the binding offer on time, the Vehicle Owner or Campanda reserve the right to submit the offer to other Users in order to bring about the formation of the rental agreement.
4.2.4 A description on the Platform informs the User of the details as to, for example, how a booking is arranged, how the User can spot input errors during booking and if anything, correct these, and how the rental agreement between the Vehicle Owner or Campanda and the User is formed. In the event of inconsistencies between the details provided on the Platform and these T&C, these T&C prevail.
4.3 No cancellation right for consumers
4.3.1 Insofar as Campanda merely brokers a rental agreement between the User and a Vehicle Owner, the consumer does not have a statutory right of cancellation because Campanda performs these services for the Renter free of charge (cf. Section 312 (1) BGB).
4.3.1 The Campanda Platform facilitates either the formation of direct rental agreements with other Users or with Campanda for Vehicles that are made available for a specifically stated date range. Even if the User is the consumer, there is no statutory cancellation policy for such contracts in connection with the accommodation, leisure activity or car rental pursuant to Section 312g (2) no. 9 BGB.
4.4 Finalizing the booking, price, payment, due date
4.4.1 The successful booking via the Platform constitutes a rental agreement subject to the agreed terms and conditions between the Users. Only in cases labeled as proprietary offers is the rental agreement formed directly between Campanda and the User. The User receives a booking confirmation by e-mail.
4.4.2 The prices named in the individual offers are final prices (the “Final Fee”). They include the rental charge for the Vehicle and any possible fees for additional services on behalf of the Vehicle Owner or Campanda, such as for accessory equipment, handover charges etc. (the “Rental Fee”) and possible insurance services.
4.4.3 Unless otherwise agreed with the Vehicle Owner or with Campanda, payment is immediately due upon finalization of the booking and is effected exclusively via the payment service provider MANGOPAY S.A., 59 Boulevard Royal, L-2449 Luxembourg. The Users as the Vehicle Owners and as the Renters must enter into a separate business relationship with MANGOPAY S.A. for this. This is subject to the Terms and Conditions of MANGOPAY S.A., which can be prompted here.
4.4.4 Depending on the terms and conditions of the offer and the conditions of the Vehicle Owner, the full Final Fee, or initially only a down payment, is payable when finalizing the booking. Unless otherwise agreed, the full Final Fee is payable immediately when making the booking if the time between making the booking and the start of the rental is less than 60 days. Unless otherwise agreed, in all other cases a down payment equivalent to 40% of the Final Fee is payable when making the booking. The payment of the remainder must then be effected at the time stated in the offer and/or in the Special Rental Conditions. Unless otherwise agreed with the Vehicle Owner, the remainder is payable 60 days prior to the start of the rental. Details relative to the residual payment are stated in the offer and the Special Rental Conditions of the Vehicle Owner.
4.4.5 The User is in default of payment without this necessitating a separate reminder if the User does not pay within 7 days following the due date and receipt of the payment request.
4.4.6 If a User still does not pay after the due date and even after a second reminder, the Vehicle Owner or Campanda has the right to terminate the rental agreement for cause with immediate effect. In cases like these, the User is entitled to fixed damages as specified in the cancelation scale (cf. item 4.5.2). The enforcement of further or additional claims for damages remains unaffected.
4.5 Cancellation by the Renter
4.5.1 Booking the Vehicle on the Campanda Platform is a binding transaction. If the User wishes to change details of the booking after having finalized the booking, or even cancel the booking, the User must immediately contact the Vehicle Owner as well as Campanda by e-mail sent to firstname.lastname@example.org. Campanda will only process change requests or cancelations if both parties (the Renter and the Vehicle Owner) acknowledge this in writing. Campanda reserves the right to charge a fixed processing fee in the amount of EUR 30.00 to the User to change the booking details or make a cancelation. Item 4.5.2, final paragraph, of these T&C applies accordingly.
4.5.2 Campanda stresses that cancelations on behalf of the Renter that are not due to circumstances for which it is not responsible, may trigger fixed cancelation charges. Unless otherwise agreed in the Special Rental Conditions of the Vehicle Owner, the following cancelation charges apply if the Renter cancels the rental agreement:
- up to 30 days before the start of the rental: 30% of the Rental Fee (cf. item 4.4.2);
- between 29 and 15 days before the start of the rental: 50% of the Rental Fee;
- less than 15 days before the start of the rental: 90% of the Rental Fee;
- on the day of the start of the rental or if the Vehicle is not collected: 100% of the Rental Fee.
The User is free to provide proof that the Vehicle Owner or Campanda suffered no or less damage than the fixed damage named above. Campanda as well as the Vehicle Owner reserve the right to make additional or further claims for damages due to cancelation.
4.6 Term, termination
4.6.1. Unless otherwise agreed, the rental agreement is formed for the agreed rental period. The right to terminate the agreement for cause with immediate effect remains unaffected. Cause to terminate the rental agreement on behalf of the Vehicle Owner or Campanda exists especially if the User does not pay on time in spite of an overdue notice (cf. item 4.4.7).
4.6.2 Should the rental agreement be terminated with immediate effect after the time of collection due to circumstances for which the User is responsible, the Vehicle Owner or Campanda are entitled to the Rental Fee for the remaining rental period until the regular end of the contract. However, those expenses are to be discounted which the Vehicle Owner or Campanda save due to the early termination of the rental agreement. Additional claims for damages remain unaffected.
4.7 Guarantee and liability for proprietary offers of Campanda
4.7.1 The following applies regarding proprietary offers of Campanda (cf. item 4.1.3) in relation to the guarantee and liability:
4.7.2 If the Vehicle is not available at the agreed time, the obligation to pay the Final Fee is waived for the period until provision of an equivalent substitute vehicle. For the duration of the non-availability of the Vehicle or until the procurement of the substitute vehicle, the User may claim hotel expenses only as is absolutely necessary (3-star category maximum). The Rental Fee that was saved is to be discounted from the hotel costs. The above regulations apply accordingly if the non-availability of the Vehicle is due to a defect which occurred after the formation of the rental agreement and which is the fault of the Vehicle Owner or Campanda.
4.7.3 Otherwise, the statutory guarantee rights under Sections 536 et seq BGB apply for the Renter.
4.7.4 The liability of Campanda and its employees, authorized representatives and other vicarious agents is excluded. This does not apply in the case of willful intent and gross negligence. The limitation of liability does not apply in cases of harm to life, body and health or the culpable breach of material contractual obligations, meaning those contractual duties whose fulfilment facilitates the proper performance of the rental agreement, and compliance with which the contractual partner may rely upon in accordance with regulations, and the breach of which by the respective counterpart jeopardizes the fulfilment of the purpose of the contract. Equally excluded from the limitation of liability are damages due to willful deceit or due to assurances on behalf of Campanda as well as damage in connection with the Product Liability Act.
5. Additional Provisions for the Vehicle Owner
5.1 Object of the agreement, responsibility of the Vehicle Owner for offers
5.1.1 Insofar as the Vehicle Owner does not have proprietary Special Rental Conditions, Campanda shall provide the respective Special Rental Conditions which the Vehicle Owner may apply to arrange the rental with the User as the Renter. Campanda does not assume any guarantee as to the effectiveness and legal validity of the Special Rental Conditions applied. The Vehicle Owner is recommended to seek qualified legal advice regarding the creation of its Special Rental Conditions.
5.1.2 The Vehicle Owner alone is responsible for its offers. The Vehicle Owner realizes that the submission of a Direct Booking and Last Minute offer already constitutes a binding offer. The Vehicle Owner shall therefore always submit its Final Fee.
5.1.3 The rental agreements are concluded exclusively between the Vehicle Owner and the User. The performance of the contract and the guarantee or the liability for rental defects or breaches of duty on behalf of the Vehicle Owner is the sole responsibility of the Vehicle Owner.
5.1.4 The Vehicle Owner ensures that the Vehicles it offers are available for the stated date range. Contents relative to the rental offers must be accurate, complete and truthful. Moreover, the Vehicle Owner ensures that the information relative to the Vehicle complies with all statutory requirements (cf. item 2.5.2.).
5.1.5 The Vehicle Owner shall inform Campanda of all changes that are relevant to the contract (e.g. accident or theft of the Vehicle, modification of rental conditions) without delay. If the Vehicle Owner amends the term of the rental agreement with the User after its formation, Campanda must be informed accordingly – unless otherwise agreed between Campanda and the Vehicle Owner, the commission owed to Campanda increases accordingly if the rental period is extended.
5.1.6 The Vehicle Owner is not entitled to charge additional fees or other payments to the User outside of the rental agreement. This also applies to possible provisions regarding mileage limits.
5.2 Commission, cancelation, invoice, due date, payment
5.2.1 The Vehicle Owner may use the Platform and upload offers to the Platform free of charge.
5.2.2 The Vehicle Owner is obligated to pay commission to Campanda if a rental agreement is formed via the Campanda Platform between the Vehicle Owner and a User. The amount of the commission will be indicated to the Vehicle Owner during the registration process / setting up of the user account. Unless otherwise agreed, the commission totals 20% of the net Rental Fee (cf. item 4.4.2) plus any applicable VAT.
5.2.3 Campanda is entitled to the commission immediately following the formation of the Contract between the Vehicle Owner and the User; the commission is processed through the payment service provider, MANGOPAY S.A. (cf. item 5.2.6). Unless otherwise agreed the claim to the commission remains in effect for the full amount if the User cancels the rental agreement or the rental agreement is terminated for other reasons which do not fall into Campanda’s sphere of responsibility.
5.2.4 Unless otherwise agreed, the cancelation and the cancelation fees which the Vehicle Owner charges to the Renter, are governed by item 4.5.2 of the T&C.
5.2.5 The Vehicle Owner shall undertake to use the MANGOPAY payment system by MANGOPAY S.A. to process payments it is owed and to accept the applicable T&C of MANGOPAY S.A., which can be prompted here. The documents and records requested from MANGOPAY S.A. must be submitted.
5.2.6 The Vehicle Owner shall declare his consent and irrevocably instruct MANGOPAY S.A. to first deduct from the incoming payments of the Renter the commission and any other possible fees of the Platform (e.g. insurance) as well as further claims against the Vehicle Owner, and to distribute these accordingly to the person entitled, in particular the commission to Campanda. Unless otherwise agreed, the remaining amount will be disbursed within three German banking days, following the collection of the Vehicle, by remittance to the Vehicle Owner.
5.3 Rental agreements
5.3.1 The Vehicle Owner may delete or deactivate Vehicles that it uploaded online provided that no effective contract or binding offer exists with a User.
5.3.2 Campanda is also entitled to temporarily or permanently remove Vehicles or offers of the Vehicle Owner on the Platform for justified reasons. Following the effective conclusion of the contract, the Vehicle Owner is bound by the rental agreement.
Last updated: June 2020