Applicable to all bookings made from 01.07.2018
Please carefully read these general booking conditions which regulate the contractual relationship between yourself and us, CamperOase GmbH & Co KG (hereinafter CamperOase).
1.1 These General Booking Conditions apply to the arrangement of individual tourism services by CamperOase. CamperOase operates a platform for tourism services such as vehicle rental, ferry crossings, or individual accommodations. All products presented on our web site are offers from rental vehicle providers, camper and motorhome rentals, ferry companies, or hostels that are passed on to the customer.
1.2 The regulations on agency contracts (Sections 675 et seq. of the German Civil Code (BGB)) shall apply to the contractual relationship between CamperOase as the agent and the customer. CamperOase does not provide the services chosen by the customer through its activity itself, but rather brokers them for the providers mentioned in the offers. Contracts for the booked services are thus concluded exclusively between the customer and the providers. CamperOase has no influence on the conditions under which the services provided by the providers are performed. Reference is made to the corresponding general terms and conditions of the providers. These may contain provisions regarding payment, cancellation, and liability. Only a mediation contract exists between CamperOase and the customer. The scope of the mediated services is based on the booking confirmation. The performance or provision of the services themselves is not part of CamperOase's contractual obligations.
1.3 All bookings made through our website are reserved for individuals who have reached the age of 18. CamperOase does not mediate to companies within the meaning of § 14 BGB.
1.4 CamperOase will forward special requests from the customer, but does not guarantee that the special request will be met. Confirmed special requests are specified in the booking confirmation.
2. Booking and Conclusion of Contract
2.1 By registering with CamperOase, the customer basically offers the respective provider the conclusion of a contract based on the specific offer and CamperOase the conclusion of a brokerage contract including these General Booking Conditions. It is recommended to make the booking electronically via the Internet or by e-mail.
2.2 In the case of electronic booking, the customer will initially receive an acknowledgment of receipt after clicking the booking button. This does not yet constitute a contract with the rental vehicle provider or other provider but only confirms that the request has been sent to the rental vehicle provider or other provider and will be processed. The conclusion of the booking process also constitutes an offer to conclude a contract with the rental vehicle provider or other provider. The contract is only concluded with the acceptance of the request by the rental vehicle provider or other provider. CamperOase will then inform the customer on behalf of the rental vehicle provider or other provider about the acceptance and conclusion of the contract with the booking confirmation on a permanent data carrier (e.g. by e-mail).
2.3 The registration is made by the registrant also for all persons listed in the registration, for whose contractual obligations the registrant is liable as for his own obligations, provided he has assumed this obligation by means of an express, separate declaration.
2.4 The customer is obliged to check the booking confirmation sent to him immediately for its correctness and to inform the rental vehicle provider or other provider with whom the booking was made of any inaccuracies without delay.
2.5 If the booking confirmation and/or voucher cannot be presented upon pick-up of the rental vehicle and/or receipt of the service or other performance, the provider may refuse to provide the service (rental vehicle or service performance). The customer is obliged to provide a functioning e-mail address at the time of booking, which he/she also regularly checks (including the SPAM folder). When booking accommodation, the travel documents must be carried and presented on site, and when booking a ferry, the booking confirmation and voucher must be carried and presented on site.
2.6 There is no legal right of withdrawal for tourist services.
3. Payment, Collection, and Processing
3.1 The total price of the booking, as stated, becomes due in accordance with the payment terms of the respective provider. These vary depending on the provider and may provide for a down payment and final payment, which the booking confirmation informs the customer about.
3.2 Payments are generally made to CamperOase, which is authorized to receive funds on behalf of the respective rental vehicle provider or other provider. CamperOase is authorized to collect payments for all booked or cancelled services for the respective rental vehicle providers, if necessary not only out of court, but also in court.
3.3 If due payments are not made, even after a reminder and a reasonable deadline have been set, CamperOase and the respective rental vehicle provider or other provider may withdraw from the contract and declare all documents, tickets, or vouchers issued as invalid, or refuse to issue such documents to the customer. The cancellation conditions of the respective rental vehicle provider or other provider may govern this in more detail, if effectively included.
3.4 If the payment method "credit card" is chosen when booking, the disclosure of credit card data includes the consent to debit the agreed due amounts from and the authorization to charge the customer's credit card account. If CamperOase has expressly accepted this payment method in the booking confirmation, a payment by the customer is considered provisionally made until it is determined that the amount debited by CamperOase from the customer's credit card account is not fully or partially charged back or its repayment is claimed in any other way. If there is a chargeback for reasons attributable to the customer, and payment is not redeemed on time, the customer is in default, and the rental vehicle provider/other provider is entitled to charge a default charge as damage.
4. Warranty, Liability, Statute of Limitations
4.1 CamperOase undertakes to properly mediate the contract between the customer and the selected vehicle rental provider or other provider, and transmits the customer's contract offer. CamperOase assumes no liability for the conclusion of a contract with the vehicle rental provider or other provider that corresponds to the customer's booking request. The decision to accept the contract offer is solely the responsibility of the vehicle rental provider or provider. CamperOase is also not liable for the proper execution of the mediated contract and the booked service. Reference is made to the corresponding general terms and conditions of the respective vehicle rental provider or provider. Special regulations and restrictions may apply to the services selected by the customer.
4.2 CamperOase relies on information provided by the vehicle rental providers or other providers for information on the rental vehicles and contracts as well as other services. CamperOase assumes no responsibility for this information, which does not represent any own guarantees of certain characteristics of the mediated services for which CamperOase would have to be liable. The vehicle rental provider or provider is solely liable for the mediated services, to which the customer must address any warranty or liability claims directly.
4.3 CamperOase is liable as a broker of individual services for willful intent or gross negligence. In the case of slight negligence, CamperOase is only liable if a material contractual obligation (cardinal obligation) is violated. The claim for damages against CamperOase is limited to the contractually typical damage foreseeable at the time of conclusion of the contract for the type of service in the event of slight negligent breach of contractual obligations. This also applies to slight negligent breaches of duty by CamperOase's legal representatives and vicarious agents. All of the aforementioned liability limitations do not apply in cases of damages due to injury to life, body or health.
4.4 Claims by the customer against CamperOase under the agency agreement become time-barred after one year, beginning with the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim or would have had to become aware of them without gross negligence, unless the claims are based on an injury to life, body or health or on willful intent or gross negligence on the part of CamperOase.
5. Cancellation by the Customer, Cancellation Fees, Changes to Bookings
5.1 The customer can withdraw from the contract at any time before the start of the contract and must declare the withdrawal to CamperOase as the recipient of the declaration for the vehicle rental provider or other provider. If there are effective cancellation provisions for vehicle rentals or the booking of other services at the time of conclusion of the contract, the respective provisions of the vehicle rental provider or other provider apply. The cancellation declaration must be received by CamperOase as the authorized recipient for the vehicle rental provider or provider. CamperOase points out that some providers' cancellation conditions (e.g. ferry) do not provide for refunds and that no refunds may be possible, especially in the event of non-appearance (“no show”) or failure to pick up the rental car. In the event of cancellation by the customer, CamperOase is entitled to charge a cancellation fee equal to the amount of the deposit. The customer is free to prove that no damage has occurred at all or that it is lower than the lump sums mentioned by CamperOase or the provider.
5.2 Changes and modifications to bookings are possible if the provider's terms and conditions allow them. The receipt of the customer's cancellation statement by the provider is decisive. It is recommended to do this in writing or electronically (by email) and to include CamperOase in cc.
6. Customer Obligations
6.1 Complaints relating to a provider that arise during the stay must be reported to the provider immediately. The provider must be given the opportunity to remedy a defect and/or provide assistance.
6.2 When using tourist services, the customer must adjust their behavior so as not to impair, endanger, or harm others. The traffic regulations of the destination country must be followed. In the event of a traffic accident, the police must be notified and the provider must be informed immediately. The customer must ensure that a report is prepared by the police.
7. Data protection
The personal data provided by the customer to CamperOase will be electronically processed, stored, and used to the extent necessary for the fulfillment of the contract with the customer and customer care. CamperOase complies with the provisions of the Federal Data Protection Act and the GDPR when collecting, processing, and using personal data. The data will only be passed on to authorized third parties within the framework of the admissibility according to the aforementioned standards, such as to the rental vehicle providers/providers who require the data to carry out the mediated contract. The customer has the possibility at any time to retrieve the data stored at CamperOase, to request information about it, to change it or to delete it. The deletion of personal data will take place if the customer revokes their consent to storage, if the data is no longer necessary for CamperOase to fulfill the purpose pursued with the storage or if its storage is legally inadmissible. The customer has all rights arising from the data protection declaration according to Art. 15 to 20, 77 GDPR. If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons that arise from your particular situation. You can use your right to object by sending an email to email@example.com or by contacting us at the address provided below. With a message to firstname.lastname@example.org, the customer can object to the use or processing of their data for advertising, market research or opinion polling purposes. Details on data protection can be found in CamperOase's data protection declaration on this website, to which explicit reference is made, as well as in the data protection notice that is clicked on during booking.
8. Copyright and Usage Rights
All text and image material published within the scope of this internet offering is subject to copyright protection. The customer does not acquire any usage rights. This applies in particular to reproduction, processing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Content and rights of third parties are marked as such. Unauthorized copying of website content or the entire website is not permitted and is punishable by law. Only the production of copies and downloads for personal, private and non-commercial use is permitted, provided that the source is indicated.
9. Severability Clause, Applicable Law, Jurisdiction, Notes
9.1 The invalidity of individual provisions of the mediation contract does not result in the invalidity of the entire contract. The invalidity of the mediated contract does not affect the validity of the mediation contract and vice versa. German law applies exclusively to the mediation contract.
9.2 If the customer is a merchant or legal entity under private or public law or a person who has their domicile or habitual residence abroad or whose domicile or habitual residence is not known at the time of filing the lawsuit, the place of jurisdiction shall be agreed as the registered office of CamperOase.
9.3 Notes: Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR) for the out-of-court settlement of consumer disputes arising from contracts concluded in electronic legal transactions, which the customer can find at https://ec.europa.eu/consumers/odr/. Consumer dispute resolution procedures: CamperOase does not participate in a dispute resolution procedure before a consumer arbitration board and is not legally obliged to do so.
CamperOase GmbH & Co. KG
Inh. Kolja Christian Chromow
Telefon: 07181 96 95 819
Handelsregister-Nummer HRA 735228
Wesentliche Merkmale der Dienstleistung: Vermittlung von Einzelleistungen (Hotelunterkünfte, Mietwagen, Fähre).
Reisevermittler-Haftpflichtversicherung: Generali Versicherung AG
Geltungsbereich der Versicherung: weltweit.
Auf den Vertrag findet deutsches Recht Anwendung: siehe 9.1