General Terms and Conditions of Use of the Campcruisers platform

Operator of the Campcruisers platform

Campcruisers GmbH Berliner Str. 21 B 14612 Falkensee Germany E-mail: support@campcruisers.com Phone: +49 (30) 75438933 Fax: +49 (30) 75438974 Commercial Register Potsdam HRB 40180 P represented by the managing director Mr Daniel Bosch and, within the scope of the power of attorney granted, by Mr Philipp Marschall (authorised signatory) VAT ID no.: DE368000447 (hereinafter also referred to as "Platform" or "Campcruisers")

General Terms of Use Campcruisers

These General Terms and Conditions of Use (hereinafter "GTC") govern the use of the Campcruisers platform and the mediation of contracts between customers and providers by Campcruisers. Additional, special terms of use apply to providers, which can be viewed in particular in their account. Our information on the Privacyabout our services and our Legal Notice you can find here https://www.campcruisers.com/de/datenschutz https://www.campcruisers.com/de/ https://www.campcruisers.com/de/impressum

1. scope of application, definitions

Campcruisers is an online platform for vehicle hire. Vehicles within the meaning of these GTC include in particular motorhomes, caravans and houseboats. In addition, the rental of pitches or campsites is possible (hereinafter "pitches"). Separate conditions apply to the sale of tickets and leisure events directly by Campcruisers as the seller. These contractual conditions apply to the respective services, which are displayed in the respective booking process before the contract is concluded and must be accepted in order to make a corresponding booking or booking enquiry.
Insofar as providers make their own regulations the subject of the respective mediated contract (hereinafter in particular "special conditions of the providers") and there are contradictions to the contractual conditions of the platform, the regulations of the providers take precedence over the General Terms and Conditions of Campcruisers.
Providers of services (in particular landlords) and customers booking these services are hereinafter jointly referred to as "users". Campcruisers does not count as a user within the meaning of the GTC.
These GTC apply to both consumers and entrepreneurs. Consumers within the meaning of these GTC are natural persons who enter into the contract for purposes that are predominantly outside their trade, business or profession. Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the contract.
Only entrepreneurs may offer rental vehicles. Parking spaces may also be offered by persons who are not entrepreneurs.
In the respective relationship between users and Campcruisers, Campcruisers expressly rejects any conflicting or supplementary contractual provisions, even in the case of knowledge or negligent ignorance. Such provisions shall only become part of the contract with the express consent of Campcruisers.
Campcruisers services are subject to change or cancellation.

2. services provided by Campcruisers, accuracy and updating of information on the website, fulfilment of brokered contracts, changes to services

Campcruisers only mediates services, with the exception of ticket sales, and therefore offers no guarantee for the information provided in the advertisements, in particular with regard to their correctness, legality, completeness and accuracy. The service provided by Campcruisers is limited to the provision of the platform and payment processing by corresponding service providers.
The services of the providers are provided on their own account and responsibility. Consequently, Campcruisers is not responsible for the fulfilment of or obligations arising from the respective brokered contracts.
Campcruisers endeavours to ensure an average availability of the online platform of 97 percent within the scope of technical and operational possibilities. Campcruisers is authorised to shut down the online platform for updates, technical checks and maintenance work. Users agree to all shutdowns for technical, necessary or useful reasons. Campcruisers endeavours to announce shutdowns and to carry out shutdowns during periods of low access (e.g. at night).
In the event that Campcruisers' services are unavailable due to force majeure, e.g. labour disputes, war, pandemics, official or sovereign measures, natural disasters, Campcruisers is not responsible for the availability of the platform and services.
In particular, Campcruisers is not obliged to provide services that are rendered without payment of a fee.

3. no mediation success owed, compliance with the law

Campcruisers does not owe or guarantee any success beyond the provision of the platform, in particular no availability or mediation of bookings.
The users themselves are responsible for compliance with the respective laws in the context of the conclusion, before, after and during the execution of the contractual relationship.

4. obligations of the landlord

Providers undertake to make available the services they provide and the rental properties they offer in a contractual condition, to comply with all statutory regulations and to only offer rental properties that are properly insured, e.g. with a self-propelled hire insurance policy (motorhomes) or a corresponding charter insurance policy (boats, houseboats), and that are in a technically perfect condition.
The landlord sets its own rental conditions for each rental property, including its own General Terms and Conditions of Contract, which take precedence over and supplement the Platform's General Terms and Conditions. The respective rental conditions can be called up on the platform page of the landlord or the respective rental property and are displayed to the tenant before a binding booking is made.
Rental contracts brokered via Campcruisers are concluded exclusively between the lessor and the lessee. In particular, the contract processing, warranty and liability claims are to be handled between the provider and the customer; in addition, Campcruisers assumes no warranty for rental defects. Campcruisers will take appropriate measures if it becomes aware of breaches of duty by the lessor, e.g. excluding the lessor from the platform or blocking the offer.
The landlord reserves the right to delete or deactivate the listed rental properties at any time as long as there is no effective contract with a tenant or a binding offer to a potential tenant.
Landlords require a deposit as part of the booking, which must be paid to the landlord.

5. conclusion of contract, chargeable offers, insurances

Offers for rentals can be made as "instant bookings". These offers represent a binding offer to conclude a contract, which the customer can accept by completing the order process, including the selected services and under the conditions displayed at the end of the order process. The contract is concluded by clicking on the "Book for a fee" button or a correspondingly clearly labelled button and the receipt of payment (in the case of a deposit, partial payment). "Last minute offers" are always "immediate bookings" and usually offer special conditions.
For rental offers that are not posted as instant bookings, the customer can submit a non-binding availability enquiry. Within 2 working days (Mon-Fri), the landlord notified by the platform can submit a binding offer in response to the enquiry in the event of availability. The contract is only concluded when the customer then goes through the ordering process described in the previous paragraph and completes the payment. The customer receives a booking confirmation at the end.
A booking or booking enquiry is only possible after acceptance of the conditions displayed in each case.
Before submitting a binding booking, the customer receives an overview, in particular of the contractual conditions, a summary of all payment obligations and can change and correct their entries at any time.
Upon conclusion of the contract, the customer receives the text of the contract from the provider in text form, i.e. in particular the services ordered, the applicable general terms and conditions and special conditions of the provider, insurance documents, etc.
Concluded contracts are generally binding for both parties, unless otherwise stated in the concluded contract and the cancellation conditions specified below.
The contract can be concluded in the following languages: English, German

6. due date of payment to the provider

Payments from customers to suppliers are due immediately, unless the option of a down payment is displayed and selected. In the case of a down payment, the due date of the remaining payment is also displayed.
Measures to circumvent the platform, in particular to avoid a brokerage commission from the platform, are not permitted.
The text of the contract is stored by the provider and the platform in compliance with data protection regulations.

7th registration

Unless otherwise stated, use of the platform is free of charge prior to conclusion of the contract.
The prerequisite for registration and use of the platform is unlimited legal capacity. Minors in particular are prohibited from registering and using the platform without the consent of their legal guardians.
In order to use the Campcruisers online platform, successful registration is required. Registration requires a valid e-mail address, which also corresponds to the user name, and a password. The e-mail address must be confirmed after registration by clicking on a button in an e-mail. Any use beyond registration may incur the costs indicated or agreed in each case. Lessors can have the registration carried out by a Campcruisers employee by providing the required data in advance. It is not possible to make a booking without accepting these GTC and the provider's terms and conditions.
Campcruisers may refuse the registration of users and co-operation with providers without giving reasons.
As part of the registration process or when using the platform, the platform may request proof, e.g. copies of driving licences, identity cards to verify the age of majority, proof of insurance from landlords or the existence of a driving licence required for the use of vehicles.
After successful registration, the user receives an e-mail to confirm their data and a user account to which they can log in using their user name and password. Passwords must be created and stored securely.
Campcruisers is entitled to temporarily or permanently block a user's access data and/or terminate the user agreement without notice if the user violates a contractual obligation. Depending on the severity of the breach, a warning will first be sent by e-mail requesting the user to cease the behaviour in breach of contract. The user will be given the opportunity to comment as part of this procedure.
Multiple registrations by the same user are not permitted.

8. payment processing, prices

The accepted payment methods are displayed in the offer or before sending an enquiry or order.
Prices quoted always include the applicable value added tax.

9. no legal right of withdrawal / cancellation / termination

We would like to point out that when booking offers on the Campcruisers website, there is generally no statutory right of cancellation for the rental of motor vehicles or leisure vehicles, pitches and the purchase of tickets, etc., insofar as a specific date or period is specified. This also includes the hire of boats that are made available on the platform for leisure purposes. See § 312g II No.9 BGB. If there is a right of cancellation, the respective provider will inform you accordingly.
Individual offers provide the option of cancelling the contract. The cancellation conditions displayed before the offer is placed or during the booking process apply. Unless other cancellation conditions are specified by the rental company, the following cancellation conditions apply to renters of rental vehicles: - If the Hirer cancels more than 60 days prior to collection, a cancellation fee of 10% of the booking price will be charged. - If the renter cancels more than 30 days before collection, a cancellation fee of 50% of the booking price will be charged. - If the renter cancels more than 14 days before collection, a cancellation fee of 80% of the booking price will be charged. - If the renter cancels between 14 days and the day before collection up to and including 12 noon, a cancellation fee of 90% of the booking price will be charged. - If the hirer cancels after 12 noon on the day before the collection date, no refund will be made. In this case, the renter is obliged to pay the full booking price.b) for pitches and campsites: Customers who have booked pitches or campsites have no contractual right to cancel the order. However, they can submit a cancellation request. The landlord will check this and decide at his own discretion whether and to what extent he will accept the cancellation. There will be no refund of fees or commission from Campcruisers. c) of houseboats, boats and other watercraft: - If the renter cancels up to 7 weeks before departure, 50% cancellation fee - Thereafter 90% cancellation fee, plus 75 Euro processing fee. The right to extraordinary cancellation for good cause or due to force majeure remains unaffected.
Cancellation by the landlord The landlord may terminate the contract without notice for good cause. Good cause for cancellation on the part of the landlord exists in particular if a) the tenant fails to fulfil an agreed payment or provide a security deposit even after a reasonable deadline set by the landlord; b) force majeure makes it impossible for the Rental Firm to fulfil the contract; c) the Hirer has booked a hire vehicle by providing false information or concealing material facts (e.g. identity of the Hirer, intended use, ability to pay); d) the Lessee has booked a rental vehicle for unlawful purposes; in the event of extraordinary cancellation without notice, the Lessor shall be entitled to the entire rental fee, unless the Lessee is not responsible for the circumstances. Any platform fees incurred must also be paid in such cases. However, any expenses that the landlord or the platform has saved or maliciously failed to save as a result of the premature termination of the tenancy shall be taken into account. Further claims for damages remain unaffected.

10. content, ratings, rankings, comparisons

The user undertakes not to publish or share any commercial data and content on the Campcruisers online platform, e.g. advertising for services or rentals outside the platform. This also applies to pornographic, anti-Semitic, defamatory, discriminatory, untrue, misleading or racist content and data. Reviews must also fulfil these principles.
The user bears sole responsibility for the legal admissibility of the data and content posted by him/her on the Campcruisers online platform, in particular with regard to text and image material and copyrights.
The user guarantees and assures that the data and content published and shared by him/her on the Campcruisers online platform does not violate any third-party rights or laws, in particular copyrights, personal rights, trademark rights or labelling rights.
Campcruisers is not obliged, but authorised, to check the content published by users on the platform or messages and bookings exchanged for possible legal infringements or compliance with legal regulations.
Should Campcruisers become aware of a possible violation of the law (e.g. violation of laws, contracts with customers or with Campcruisers), Campcruisers is entitled to remove the relevant content, data and offers from users until the legal and factual situation has been finally clarified. The user will be given the opportunity to comment as part of this procedure. Temporary blocking is permitted at Campcruisers' discretion until the facts of the case have been clarified.
The user indemnifies Campcruisers from all claims of third parties that are asserted against Campcruisers due to the user's content. This includes, in particular, court costs and legal fees incurred by Campcruisers in the defence of such claims.
The average rating and rankings displayed are calculated as follows: Each rating consists of a text comment and a score from 1 to 5. The average rating is calculated from the sum of all ratings divided by the number of comments.
Comparisons of offers are determined by the search parameters selected in each case.
As a rule, Campcruisers does not check the content and data of users unless it is informed of any legal infringements by third parties.

11. data protection

Users undertake to comply with the applicable data protection regulations and laws.
Campcruisers refers to its existing privacy policy, which can be found at https://campcrusiers.com/de/datenschutz.

12. liability of Campcruisers

Campcruisers is liable to entrepreneurs as follows: Campcruisers is liable for damages - regardless of the legal grounds - within the scope of fault-based liability in cases of intent and gross negligence. In the case of simple negligence, Campcruisers is liable, subject to statutory limitations of liability (e.g. care in own affairs; insignificant breach of duty), only for a) damages resulting from injury to life, body or health, b) for damages resulting from the breach of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, Campcruisers' liability is limited to compensation for foreseeable, typically occurring damages.
If the user is a consumer, the following limitation of liability applies: a) Campcruisers' liability for damages, regardless of the legal grounds, is limited to the foreseeable damage typical for the contract. b) The above limitation of liability does not apply to the liability of Campcruisers for intentional behaviour or gross negligence, for guaranteed characteristics, for injury to life, body or health or under the Product Liability Act.
The above limitations of liability also apply in favour of the legal representatives, employees and vicarious agents of Campcruisers.
Any claims for damages by entrepreneurs against Campcruisers expire within 1 year from the date on which the entrepreneur became aware of the damage.
The above limitations of liability do not result in a reversal of the legally standardised burden of proof.

13. rights to the content posted on the platform

Suppliers have the option of posting descriptive texts for offers, photos or other content (hereinafter collectively referred to as "content") on the platform. In particular, customers can post comments and ratings. A user may have rights to the content (e.g. intellectual property rights, copyrights and neighbouring rights).
Campcruisers limits itself to the operation of the platform, displays the content of the users and, if necessary, enables interaction between the landlords and tenants who use the platform. However, Campcruisers requires the following rights to maintain the operation of the platform.
By posting content on the platform, the user grants Campcruisers transferable, simple, spatially unlimited rights of use to the extent necessary for the operation of the platform. In particular, the user grants the right to make the content technically available for retrieval on the platform and to make the necessary reproductions (storage on Campcruisers' servers, etc.).
In addition, the user grants Campcruisers the right, within the scope of the functions of the platform, to make the content publicly accessible, to broadcast it, to otherwise publicly reproduce it and to edit it to a reasonable extent for the aforementioned purposes (e.g. by scaling or compressing images), both online and offline on the Campcruisers platform, but also on third-party sites, in order to promote the respective offers to which the content has been assigned by the user. This also includes the right to perform corresponding acts of use within the scope of the respective current additional functions, such as news feeds (in various formats, if applicable), other subscription services (push services) or retrieval services (pull services), as well as the use of the content on technically optimised versions of the platform on mobile devices or within the scope of corresponding apps.
Campcruisers reserves the right to open the platform technically by means of a corresponding programming interface (so-called API), so that the use of the platform is also made possible by or within the framework of Internet services of third parties or the landlord, possibly also including access to the content posted by the respective landlord. In this respect, the lessor grants Campcruisers the transferable, simple, spatially unlimited right to allow the third parties concerned to access the content and to make it publicly available or broadcast it.
The granting of rights in the above sense applies insofar as it is necessary for the aforementioned purposes. Content relating to the landlord's offers (e.g. pictures of the rental property) will be deleted upon effective cancellation of the contract. At this time, Campcruisers' rights of use also end. The user can also revoke the granting of rights to Campcruisers at any time. In this case, the respective content will be deleted by Campcruisers.

The landlord is solely responsible for all offers, content (such as texts, videos and photos) posted by him on the platform and for the existence of the necessary legal positions. Campcruisers does not check the content and actions of landlords unless it is informed by third parties of any legal infringements.

14. other

Online dispute resolution: The European Commission provides a platform for online dispute resolution (in accordance with Art. 14 para. 1 ODR Regulation) at http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in such dispute resolution.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
Campcruisers reserves the right to change the General Terms and Conditions of Use and other conditions in the future. Such a change does not apply to already booked, chargeable services, with the exception of current subscription services. In the event of a change, customers of subscriptions - in particular providers - shall have an extraordinary right of cancellation, which shall take effect on the date of the amendment to the General Terms and Conditions. The user will be informed of this at least 6 weeks before the change comes into effect. The change becomes effective if the user does not object to or agree to the change within two weeks of being informed. Campcruisers will inform users of the objection period and the consequences of failing to object with the notification of the planned change.
Terms and conditions of users that deviate from Campcruisers' General Terms and Conditions shall not become part of the contractual relationship between Campcruisers and the lessor, even if they are known, unless their validity is expressly agreed to in text form.

End of the GTC of 11/2024 - Campcruisers.com - legally checked by the law firm Kick.