prepared by Campanda GmbH, represented by the Managing Director, Mr Chris Möller, Uhlandstraße 175, 10719 Berlin, Germany, tel.: +49 (0)30 8095 20 460, fax: +49 (0)30 8095 20 499, e-mail: firstname.lastname@example.org, Berlin-Charlottenburg Registration Court, register number: HRB 149092 B (hereinafter referred to as “Campanda”).
1.2 Campanda hereby expressly objects to any of the rental company’s terms of business or use that differ from these GTCs; terms such as these do not form part of agreements if Campanda does not expressly confirm them in writing.
2. Subject of the contract
Campanda enables the renter to conveniently search for and place online bookings for caravans and mobile homes available for hire (hereinafter referred to as the “Vehicles”) via the “Campanda” platform. However, Campanda does not offer any vehicles for hire itself. Its role is restricted to operating the platform and acting as an agent for the corresponding hire contracts concluded between the respective rental company and renter. The hire contracts are therefore concluded exclusively between the rental company and renter, for which the respective rental company’s separate terms of hire apply and which are displayed on the platform as part of the rental company’s particular offer. Each rental company is solely responsible for the offers made by it on the platform, for the content of such offers and for the conclusion and performance of the contract.
3.1 Registration is not required if the renter is simply visiting the platform and viewing the vehicles available for hire. However, if the renter would like to conclude a contract with a renter via the platform, he must register before doing so.
3.2 Only renters who are of legal age, legally competent and hold an appropriate driver’s licence for driving mobile homes or caravans may register.
3.3 The personal data requested during the registration process is to be provided truthfully and completely. In particular, it is impermissible to provide information that belongs to third parties. The renter shall notify Campanda of any changes to the data without delay or shall change his data in the login area provided for this purpose on the platform.
3.4 By submitting the completed registration form, the renter thereby makes a binding offer to conclude a usage agreement with Campanda with regard to the platform’s services. Campanda thereupon sends the renter a confirmation e-mail containing his personal access data. This confirmation e-mail represents Campanda’s binding declaration of acceptance with respect to concluding the usage agreement. The usage agreement is concluded when the renter receives the confirmation e-mail. This does not affect Campanda’s right to reject individual renters as contractual partners without having to state any reasons. Both the confirmation e-mail and any renter rejection notice shall be sent within 5 working days of the renter registering on the platform. Detailed information about the registration process itself and how the renter can identify and correct input errors during registration can be found on the Campanda platform at www.campanda.com.
3.5 Upon successful registration, Campanda creates an account for the renter, which he can access with his username and password (hereinafter referred to as the “Access Data”). The username is the e-mail address specified by the renter during the registration process. The renter chooses the password himself and can change it at any time in the password-protected login area of the platform. The renter undertakes to keep the access data secret and to protect it against access by unauthorised third parties. If the renter has lost the access data, or if he finds out or suspects that it is being used by a third party, he shall inform Campanda of this fact without delay.
4. Contract with Campanda, costs, term, termination
4.2 The contract is concluded for an indefinite period of time. Notwithstanding the right to extraordinary termination of the contract for cause pursuant to the statutory provisions, both parties can ordinarily terminate the contract with a notice period of 2 weeks to the end of the month without having to state any reasons.
5. Cancellation right
As a consumer, i.e. as a natural person, who concludes the contract with regard to the use of the Campanda platform for a purpose that can neither be attributed to their commercial nor their self-employed professional activity, the renter is entitled to a statutory cancellation right, for which Campanda has the following policy: Cancellation policy Cancellation right You may cancel your contractual declaration in writing (e.g. by letter, fax, e-mail) within 14 days without having to state any reasons. The period starts once the renter has received this policy in text form, but not before the contract is concluded and not before our information obligations pursuant to Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 of the Introductory Act to the German Civil Code and our obligations pursuant to § 312g Paragraph 1 Clause 1 of the German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code have been satisfied. Timely dispatch of the notice of cancellation is sufficient to comply with the cancellation period. The notice of cancellation is to be addressed to: Campanda GmbH Uhlandstraße 175 10719 Berlin, Germany Fax: +49 (0)30 8095 20 499 E-mail: email@example.com Consequences of cancellation In the event of an effective cancellation, both parties shall return any goods received and any benefits derived (e.g. interest). If the renter cannot return the goods received and benefits derived (e.g. benefits of use) to Campanda, or can do so, albeit only to a certain extent or in a deteriorated condition, he shall pay Campanda an appropriate amount of compensation. This can result in the renter nonetheless having to satisfy the contractual payment obligations for the period up until the cancellation. Payment reimbursement obligations must be fulfilled within 30 days. For the renter, the period starts when he sends his notice of cancellation; for Campanda, the period starts when it receives the notice of cancellation. Special notices The renter’s cancellation right expires prematurely if both parties have fully performed the contract at the renter’s explicit request before he exercised his cancellation right. End of the cancellation policy
6. Contract with the Rental company, booking
6.1 If the renter has decided in favour of a particular vehicle on the platform, he can select this and submit a binding offer to conclude a non-gratuitous hire contract with the relevant rental company by pressing the corresponding button at the end of the online booking process. The rental company accepts this offer by sending a binding declaration of acceptance by e-mail via Campanda, notwithstanding the right to reject a renter as a contractual partner without having to state any reasons. Detailed information about how the booking process works, how the renter can identify and correct input errors during booking and the contract concluded between the rental company and the renter can be found on the Campanda platform at www.campanda.com.
6.2 Accordingly, Campanda accepts bookings in the rental company’s name as his representative and conveys the declarations between the rental company and the renter.
7. Completing the booking, pre-payment by the Renter, Campanda security, cancellation fee
7.1 When a booking is successfully completed via the Campanda platform, a hire contract under the agreed terms is concluded exclusively between the renter and the rental company.
7.2 If the renter books the vehicle more than 30 days before the hire start date, he shall pay a deposit totalling 20% of the net hire price due upon making the booking via the platform. The remaining 80% of the net hire price becomes due for payment 30 days before the hire start date. If the booking is made only 30 days or less before the hire start date, the renter shall pay the full net hire price as a pre-payment.
7.3 Campanda strives to provide maximum security for the renter when hiring the vehicle online. The deposits or pre-payments within the meaning of Paragraph 7.2 are therefore made to Campanda, who offers a guarantee that the renter’s deposits or pre-payments shall be reimbursed, if necessary, should a problem arise with the rental company (e.g. vehicle unavailability).
7.4 A booking shall be deemed to be effective upon completion of the online booking process. The renter can print out the booking confirmation directly from the Campanda platform after completing the last step or he can download it separately as a PDF. Campanda shall send it to the renter by e-mail and SMS, if required, as part of a parallel process.
8. Changes to the booking, cancellation, cancellation fees
8.1 The vehicle booking made on the Campanda platform is binding. If the renter wishes to change the booking details – the time period or number of people, for instance – after making the booking, he is advised to contact Campanda immediately either by phone or e-mail. Changes and cancellations should always be made via the Campanda booking system. Campanda then forwards the corresponding change requests to the rental company.
8.2 Campanda indicates that any cancellations made by the renter that are not due to a circumstance for which he is not responsible can result in the rental company imposing lump-sum cancellation fees. The cancellation fees vary depending on how close the cancellation is made to the hire start date and can be found both in the Rental Company’s Terms of Hire and on the platform. However, Campanda does not impose a separate cancellation fee itself. The rental company can cancel his booking on the Campanda platform by pressing the “Cancel booking” button on the platform or by sending an e-mail to firstname.lastname@example.org. The renter shall receive a confirmation e-mail in the event of a cancellation.
All of the hire prices quoted on the Campanda platform apply per vehicle, and – where appropriate – to the specified number of persons, their age (or status, “adult”, “child”, “baby”, etc.) and the specified number of free kilometres. The prices include VAT and ancillary costs.
10. Data privacy
Campanda’s business philosophy includes handling personal data in a respectful and confidential manner. Campanda attaches a great deal of importance to complying with the data privacy provisions, especially those set forth in the Federal Data Protection Act and the German Teleservices Act. Please refer to Campanda’s data privacy provisions for details on data privacy.
11.1 Following separate registration, Campanda reserves the right to regularly send the renter newsletters and news about the Campanda platform by e-mail. The newsletter and news is presented in an editorial format and contains the latest information and notices about new functions or mobile homes and caravans available for hire on the Campanda platform. The renter can unsubscribe from the newsletter and news at any time by clicking on the links contained in the newsletter or by sending an e-mail to email@example.com.
11.2 Campanda reserves the right to place third-party advertising on the platform (e.g. in the form of advertising banners). However, advertising such as this is commonplace on the Internet and is shown separately from the actual platform content.
12. Warranty, liability
12.1 Campanda’s warranty for the services rendered in connection with operating the Campanda platform and the agency services is in accordance with the statutory provisions.
12.2 According to the statutory provisions, Campanda shall assume liability for damages that the renter suffers due to intent, gross negligence or culpable infringement of material contractual obligations. “Material contractual obligations” shall be understood to mean contractual obligations, the fulfilment of which makes the due execution of the contract possible and upon compliance with which the renter may regularly rely, or the breach of which jeopardises the achievement of the objective of the contract. According to the statutory provisions, Campanda shall also assume liability for damages which are based on the absence of an assured property in connection with operating the Campanda platform, which are the consequences of an injury caused by Campanda to health, life or limb, or for which liability is required pursuant to the Product Liability Act. Liability shall be otherwise excluded, regardless of legal reason. In particular, Campanda shall not assume any liability for damages associated with data loss, insofar as the damages could have been avoided if the renter had performed a complete back-up of all of the relevant data on a regular basis.
13. Final provisions
13.1 The exclusive language used to conclude the contract governing Campanda’s services is German. No separate wording is intended for the Campanda platform usage agreement. The content of the contract concluded between the renter and Campanda arises from these GTCs and the specific information provided during the registration process. If the renter registers, Campanda shall send him these GTCs and the other relevant information in a confirmation e-mail (cf. Paragraph 3.4). Campanda shall store the information; however the renter shall no longer be able to separately access this information over the Internet.
13.2 The laws of the Federal Republic of Germany shall apply exclusively to the contract. The validity of the UN Convention on Contracts for the International Sale of Goods and the German Private International Law is excluded. If the renter is a consumer, the mandatory consumer protection provisions valid in the country where the renter has his habitual place of residence shall apply, insofar as they grant the renter further protection.
13.3 If the renter is a merchant, a legal person under public law or a public special fund, or has no general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for all claims and disputes arising from the contractual relationship is Berlin-Mitte.
Last updated: July 2013