General Terms and Conditions

§ 1 Scope of application, contract language, formal requirements

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively to private customers (consumers) – (hereinafter referred to as “Tenant(s)”). For the purposes of these GTC, a “consumer” is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 BGB).

(2) All offers, rental agreements and other services based on and in connection with bookings made by the tenant are subject to these GTC. The tenant’s terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.

(3) Individual agreements made with the tenant in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a contract or a confirmation by VANTOPIA GmbH in text form shall be decisive for the content of such agreements.

(4) The GTC shall apply in particular to contracts for the rental of camping vehicles (hereinafter referred to as “vehicle(s)”).

(5) The language available for the conclusion of the contract is exclusively German.

(6) Legally relevant declarations and notifications by the Hirer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in text form (e.g. letter, e-mail, fax).

§ 2 Applicable law, mandatory consumer protection regulations

(1) The law of the Federal Republic of Germany shall apply, excluding the conflict of law rules of private international law, if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a country that is not a member of the European Union.

(2) In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, although mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

§ 3 Provider identification

Your contractual partner for bookings in Hamburg:

VANTOPIA GmbH (hereinafter referred to as “VANTOPIA”)
Frohmestrasse 59
22459 Hamburg

Registered in the commercial register of the AG Hamburg under HRB 15512, represented by the managing directors Mr. Bastian Gembler and Ms. Larissa Peters.
Sales tax identification number according to § 27a UStG: DE118599843

Contact:
Phone: +49 (0)40 360 369 90
E-mail: info@vantopia.de

Your contractual partner for bookings in Munich:

VANTOPIA München GmbH (hereinafter referred to as “VANTOPIA”)
Siemensstrasse 12a
85716 Unterschleißheim

Registered in the Commercial Register of the Munich District Court – Register Court – under HRB 279632, represented by the Managing Director Ulrike Köpple-Scherber.
Sales tax identification number according to § 27a UStG: DE357114578

Contact:
Tel.: +49 (0)89 248 825 490
E‑Mail: hej@vantopia-muenchen.de

§ 4 Subject matter of the contract

The subject of the contract is the rental of a vehicle to the Hirer for private purposes. The Renter shall arrange the intended travel and accommodation on the trip independently and on his own responsibility. VANTOPIA does not owe any travel services or the entirety of travel services within the meaning of §§ 651a-l BGB.

§ 5 Conclusion of contract

(1) The presentation of products and services (rental vehicles, accessories, additional services) in the VANTOPIA GmbH online store does not constitute a legally binding offer on the part of VANTOPIA GmbH, but rather an invitation to submit an offer by the renter (invitatio ad offerendum).

(2) By clicking on the “BOOK NOW” button in the last step of the booking process, you submit a binding offer to book the services shown in the booking overview. Up to this point, you can correct your entries or withdraw from the contract. A binding offer is only submitted when you then click on the “BOOK WITH OBLIGATION TO PAY” button. A contract between the renter and VANTOPIA is only concluded as soon as we accept the booking by means of a separate e-mail. Please check the SPAM folder of your e-mail inbox regularly.

(3) To book a vehicle from VANTOPIA, the Renter can click on the “BOOK” button to access an input screen where the Renter can fill in the data required for a booking offer. There, the renter can first select the desired booking period and the desired vehicle type. After clicking on the “CONTINUE” button, further extras can be added to the booking offer. After clicking the “NEXT” button again, the renter is taken to a further input screen where the personal data required for the reservation request can be entered. Finally, the renter is taken to an overview page on which all selected services, the booking period and the total costs are listed again and on which a time for the collection and return of the vehicle can be selected. After confirming that they have read the Privacy Policy and have read and accepted the General Terms and Conditions, the Renter is given the opportunity to submit a binding offer to VANTOPIA to book the selected contractual services within the meaning of Section 5 (2) of these GTC by clicking on the “BOOK WITH OBLIGATION TO PAY” button.

(4) As part of the booking process, the tenant is always shown a complete overview of the services selected by the tenant and the current total price. You can change or completely remove the selected services at any time until the booking process is completed using the usual browser functions. If you wish to cancel the booking process completely, you can also simply close the browser window. Otherwise, your declaration becomes binding within the meaning of Section 5 (2) of these GTC by finally clicking on the confirmation button “BOOK WITH OBLIGATION TO PAY”.

(5) The handover protocol to be completed in full and signed by the Lessee and VANTOPIA upon handover of the vehicle also forms part of the rental agreement.

§ 6 Storage of the contract text

VANTOPIA saves the text of the contract and sends the renter a booking summary with the booking details and these GTC by email after acceptance by the renter. The complete contractual provisions can be requested from VANTOPIA GmbH for a period of 5 years from the conclusion of the contract.

§ 7 Collection, storage and processing of your personal data

(1) VANTOPIA requires the following data from the renter to carry out and process your booking:
– First and last name
– e-mail address – postal address
– payment information
– Driving license
In this respect, Art. 6 para. 1 lit. b GDPR serves as the legal basis.

(2) VANTOPIA uses the data provided by the renter without your separate consent exclusively for the fulfillment and processing of the contractual relationship, for example for communication and for the delivery of invoices to the address provided by the renter. If payment is made by bank transfer, VANTOPIA will also use your bank details to process the payment.

(3) VANTOPIA will only store your data within the scope of its obligations under tax and commercial law.

(4) Your personal data will not be transferred to third parties for purposes other than those listed below. We only pass on your personal data to third parties if: – you have given your express consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR, – the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary to safeguard the legitimate interests of VANTOPIA GmbH, unless your interests, fundamental rights or freedoms, which require the protection of personal data, prevail, – in the event that a legal obligation exists for the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and – this is legally permissible and necessary for the processing of contractual relationships with the tenant in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.

(5) Further information on the processing of your personal data can be found in VANTOPIA GmbH’s privacy policy at www.vantopia.de/datenschutz.

(6) All VANTOPIA GmbH vehicles are equipped with technology that enables VANTOPIA to determine the position of the vehicle. You agree that VANTOPIA may collect, store or use GPS coordinates and speed data or give the order to do so if you do not return the vehicle within the agreed rental period, use the vehicle outside the contractually agreed area or in areas close to the border or in port areas. The collection, storage and use of the data serves the sole purpose of protecting the vehicle fleet of VANTOPIA GmbH and the contractual rights of VANTOPIA. We would like to point out that VANTOPIA may be obliged to disclose this data by order of government authorities.


(7) VANTOPIA vehicles are largely equipped with information and communication systems such as navigation devices and cell phone systems as standard. By offering these information and communication systems, VANTOPIA does not pursue the purpose of collecting personal data of the renters and drivers. As the renter or driver, you are obliged to reset the vehicle’s information and communication system to factory settings before returning the vehicle at the end of the rental period, thereby deleting all personal data collected from the navigation devices and cell phone systems. Each vehicle in the fleet contains the vehicle operating instructions, which include the instructions for resetting the information and communication systems to factory settings.

§ 8 Right of withdrawal

According to Section 312g (2) sentence 1 no. 9 BGB, there is no right of withdrawal for the rental of motor vehicles for a specific date or period, even for bookings that are concluded exclusively using means of distance communication or outside of business premises.

§ 9 Prices and terms of payment

(1) All prices stated on the VANTOPIA website are gross prices in euros (€) including statutory VAT. A detailed list of prices for VANTOPIA’s additional services can be found in VANTOPIA’s price list.

(2) The rental price is based on the agreed rental period in conjunction with the price list in the version valid at the time the contract is concluded. The rental prices shown include vehicle taxes, the premium for basic insurance cover and lubricants for the drive units. Other usage-dependent costs, in particular costs for fuel, tolls and parking fees, shall be borne by the Hirer.

(3) The relevant rental period begins with the agreed start of the rental period and ends with the proper return of the vehicle.

(4) Subject to payment by bank transfer (see § 9 Para. 6 No. 3 of these GTC), the rental price shall be due in full in advance immediately upon conclusion of the contract.

(5) The Customer shall pay a deposit of € 750 to VANTOPIA before handing over the vehicle.

(6) The following payment methods and payment service providers are generally available to the Renter on the VANTOPIA website:

1. Payment by credit card 

When paying by credit card, you pay at the end of the booking process by entering your credit card details. Your credit card will be debited with the actual invoice amount immediately after conclusion of the contract after deduction of any discounts, gift vouchers, etc. The credit card payment method is processed in cooperation with Stripe Payments Europe (hereinafter: “Stripe”), subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/de/legal, to which VANTOPIA assigns the payment claim. Stripe collects the invoice amount from the renter’s specified credit card account. In the event of assignment, payment can only be made to Stripe with debt-discharging effect. VANTOPIA remains responsible for general customer inquiries even if the credit card payment method via Stripe is selected. If a booking has been paid for by credit card and is canceled by the customer at a later date, the customer will be charged a cancellation fee of 1.5% of the amount paid by credit card (credit card fees). This shall apply irrespective of any other cancellation fees within the meaning of §10.

2. Bank transfer 
If payment is made by bank transfer, a deposit of 50% of the total rental price must be paid. This must be credited to VANTOPIA’s account no later than 3 working days after conclusion of the contract. The remaining 50% of the total rental price must be paid no later than 30 days before the start of the rental period. If the aforementioned payment deadlines are exceeded for the bank transfer payment method, VANTOPIA shall be entitled to cancel the booking without the need to set a separate deadline. § Section 10 of these GTC shall apply accordingly.
(7) By selecting the respective payment provider, you consent to the forwarding of your personal data for the processing of the payment. In detail, this is the following provider:
– Stripe Payments Europe, Ltd.
c/o A&l Goodbody, Ifsc, North Wall Quay
Dublin 1
Ireland
VANTOPIA reserves the right to change the payment methods and payment service providers offered at any time.

(8) Refunds will not be made in the event of late collection or early return of the vehicle unless the Renter can prove that VANTOPIA has suffered no or only minor damage as a result of renting the vehicle to another party.

(9) The Renter agrees that the invoice will be issued by VANTOPIA in electronic form, that he will not receive a paper invoice and that VANTOPIA will send an electronic invoice in accordance with the statutory requirements to the e-mail address provided. The renter may object to the invoice being sent in this form at any time. In this case, the renter shall bear the additional costs for sending the invoice in paper form and the postage for this.

§ 10 Cancellation

(1) The tenant can cancel the booking free of charge up to 60 days before the start of the tenancy.

In these cases, all payments made in advance to VANTOPIA will be refunded within 14 days of receipt of the cancellation. The only exception to this is any credit card fees. These amount to 1.5% of the amount paid by credit card (see §9.6.1).

(2) After this period, the tenant can cancel the booking and receive a value voucher up to 48 hours before the start of the tenancy if the start date of the booked trip is outside the main season (main season = summer holidays of the respective Federal State the VANTOPIA site lies in). For bookings with a start date in the high season, a period of 14 days before the start of the rental period applies.

In these cases, all payments made in advance to VANTOPIA will be refunded with a value voucher. The only exception to this is any credit card fees. These amount to 1.5% of the amount paid by credit card (see §9.6.1).

The value voucher does not have an expiry date and can be used for all future bookings on the website of VANTOPIA. A payout in cash is not possible, though.

(3) In the event of cancellation after the deadlines specified in (1) and (2) have expired, VANTOPIA shall charge a flat-rate cancellation fee amounting to 100% of the agreed total rental price.

In this case, VANTOPIA shall, in the interests of the Renter, attempt to reduce the actual damage incurred to less than the cancellation fees specified in paragraph 2 by re-renting the vehicle at short notice and to reimburse any remaining amount resulting from the full or partial re-rental compared to the cancellation fees.
The Renter shall not be entitled to this, but shall be at liberty to prove that the damage actually incurred by VANTOPIA is lower than the cancellation fee charged in paragraphs 2 and 3. In this case, only the damage actually incurred shall be reimbursed by the Renter and any remaining amount shall be refunded.

§ 11 Handover and return of the vehicle 

(1) The vehicle must be taken over at the agreed handover location within the agreed time window and returned to the agreed return location with all accessories within the agreed time window, unless a pick-up and drop-off service has been booked by the Hirer.

(2) The rental contract ends at the end of the agreed rental period. If the Hirer continues to use the vehicle after the agreed rental period has expired, the rental agreement shall not be deemed extended. § Section 545 BGB shall not apply.

(3) The vehicle is handed over with a full tank of fuel and must be returned with a full tank. If the Lessee does not return the vehicle with a full tank, the fuel costs shall be charged separately to the Lessee at a flat rate per liter of fuel in accordance with §23, taking into account the time and work required by VANTOPIA. The Renter is at liberty to prove that VANTOPIA has only incurred lower costs.

(4) The vehicles are equipped with a supply of gas (in the Adventurer at least 2 full gas cartridges, in the Dreamer at least 4 full gas cartridges, in the Traveler at least 1 full 11 KG gas bottle), which is included in the rental price. Should the Hirer require more gas during the duration of the trip and purchase gas cartridges, gas cylinders and/or gas cylinder fillings, the Hirer shall bear the full cost of this himself.

(5) The vehicle shall be handed over with emptied toilet and water containers. The vehicle must be returned with emptied water tanks and additionally rinsed toilet tanks.

(6) In the event of excessive soiling of the vehicle, such as toilet containers that have not been emptied and which require special cleaning, or if the vehicle is returned with an unpleasant odor, for example as a result of a violation of the general smoking ban, VANTOPIA shall charge a flat-rate cleaning fee as lump-sum compensation in the amount shown in §23, unless the Renter can prove that VANTOPIA has only incurred lesser damage.

(7) When the vehicle is handed over to the Renter(s), VANTOPIA and the Renter shall draw up a handover protocol to be signed by both parties, which shall form part of the rental agreement.

(8) The vehicle is generally returned without a VANTOPIA employee being present. VANTOPIA shall provide the Renter with all the information required to carry out the return without VANTOPIA employees. By signing the handover protocol (see 6), the Renter undertakes to comply with the requirements for returning the vehicle.
Both when returning the vehicle in the presence of a VANTOPIA employee and when returning the vehicle without a VANTOPIA employee, the Renter assumes subsequent liability for any damage demonstrably caused during the rental period. The date on which VANTOPIA cleans the vehicle, usually no later than two days after the end of the rental period (in exceptional cases up to seven days), shall be decisive for the notification of any damage by VANTOPIA. The basis for proof of new damage is the handover protocol. If VANTOPIA discovers damage in the course of cleaning that did not exist according to the handover report when the vehicle was handed over, the Renter shall be liable for this damage.
The Renter also undertakes to take photos of all four sides of the vehicle (exterior) when returning the vehicle and to submit these to VANTOPIA at its request if this becomes necessary due to newly discovered damage.
If the Renter has booked the so-called “pick-up and drop-off service”, he shall also be liable for any damage that VANTOPIA reports to him and for which he cannot provide photographic evidence that it did not exist at the time the vehicle was returned to VANTOPIA.

(9) In the event of the late return of the vehicle through no fault of the Renter, VANTOPIA shall be entitled to demand compensation for use in the amount of the agreed rent. In the event of culpable late return of the vehicle, VANTOPIA shall also be entitled to demand lump-sum compensation in the amount shown in §23, unless the Renter proves that VANTOPIA has only incurred lesser damage.

§ 12 Minimum age and documents to be submitted

(1) Every driver of the rented vehicle must be at least 18 years old at the time of collecting the vehicle and must have held a valid Class III driving license (Euro driving license B) for at least one year. Driving licenses must always be issued in the Roman alphabet. The original driver’s license and valid identity card or passport of the respective driver must be presented when picking up the vehicle.

(2) If the Renter is unable to present these documents when the vehicle is handed over, VANTOPIA shall withdraw from the rental contract; in this case, claims by the Renter for non-performance shall be excluded.

§ 13 Authorization to drive the vehicle 

The vehicle may only be driven by the Hirer himself and by the drivers specified in the rental agreement. The Hirer must ensure that the respective driver can be named at all times and that the driver has a valid driving license to drive the vehicle at all times.

§ 14 Use of the vehicle

(1) The vehicle provided by VANTOPIA may only be used on public roads for private purposes.

(2) The following types of use are expressly prohibited:
– Participation in motor sport events of any kind
– Use of the vehicle for vehicle testing or driving safety training
– Driving the vehicle under the influence of alcohol or drugs
– Use of the vehicle for commercial passenger transportation
– Subletting the vehicle
– Use of the vehicle for the commission of criminal offenses

(3) Smoking is prohibited in VANTOPIA vehicles.

(4) Pets may only be transported in the vehicle provided with the prior consent of VANTOPIA.

§ 15 Obligations of the tenant during the rental period

(1) The Hirer is obliged to treat the vehicle provided carefully and professionally, taking into account the dimensions of the vehicle, the specifications of the manufacturer’s operating instructions, in particular with regard to the fuel to be used, and the statutory provisions.

(2) The Hirer is obliged to regularly check the lubricants, water level and tire pressure during the rental period and, if necessary, to top them up in accordance with the manufacturer’s maintenance instructions. Furthermore, the Hirer is obliged to have any necessary maintenance work and minor repairs (up to € 150 in each case) carried out immediately in a specialist workshop. In the case of major repairs, the Renter is obliged to obtain VANTOPIA’s consent before placing the repair order. Necessary costs for maintenance and/or repair work that are not attributable to the renter’s fault shall be reimbursed to the renter by VANTOPIA against proof of costs.

(3) The Lessee is obliged to comply with the smoking ban during the entire rental period.

(4) The Renter is obliged to notify VANTOPIA immediately of any changes to his personal data required for the execution of the contract (e.g. name, address, bank details).

(5) The Renter is obliged to properly lock the vehicle provided and to protect it from unauthorized removal by third parties.

§ 16 Insurance cover

(1) The basic insurance cover for the vehicle included in the rental price for the duration of the agreed rental period in accordance with the applicable General Terms and Conditions for Motor Vehicle Insurance (AKB) extends to liability insurance with a maximum sum insured for personal injury and property damage of € 100 million and a maximum sum insured per injured person of € 12 million. In addition, the basic insurance cover included in the rental price includes partially comprehensive insurance cover with an excess of € 750 and fully comprehensive insurance cover with an excess of € 1,500. For drivers under the age of 23, the excess for both partial and comprehensive cover is €2,500. The excess for glass and tire damage in the included basic insurance cover is €500 in each case. The included basic insurance cover includes up to 2 drivers. The insurance cover is limited to countries within the geographical borders of Europe. Damage as a result of vandalism, use of force or incorrect operation – in particular damage to the awning or the pop-up roof and roof tent – is not limited by a maximum excess. The renter must bear the full cost of repairing such damage. The same applies to damage to the interior fittings and furnishings of the vehicle.

(2) The Hirer has the option of reducing the respective deductible by taking out a separate supplementary insurance package (Comfort or Relax) and extending the insurance cover to additional drivers (max. 4).

(3) The limitation of the renter’s liability up to the amount of the deductible shall not apply if the driver violates the General Terms and Conditions for Motor Vehicle Insurance (AKB), in particular if the damage was caused by intent or gross negligence, by driving under the influence of alcohol or drugs, by cargo on the vehicle, by failure to observe the clearance width and clearance height, by overloading (permissible total weight), by driving with insufficient oil/water level, by over-revving the engine or by hit-and-run.

§ 17 Behavior in the event of theft, accident or other damage

(1) Any theft, accident or other damage must be reported to VANTOPIA by telephone immediately (at the latest within 48 hours) after the occurrence of the claim.

(2) In the event of any accident, including an accident without the involvement of third parties, the police must be called in immediately in order to have the course of the accident, the names and addresses of the parties involved, any witnesses to the accident, insurance details of the parties involved and the owner, injuries to accident participants and any material damage incurred documented by the police. The Hirer must ensure that he is provided with a copy of the police documentation. The Hirer is prohibited from leaving the scene of the accident before the police have completed their investigation.

(3) The Hirer is prohibited from acknowledging the opposing party’s claims or taking any other action acknowledging damage and/or fault (such as unconditional payments).

(4) The Renter is obliged to immediately prepare the European Accident Report form provided by VANTOPIA with the vehicle documents (including a sketch of the course of the accident) or have it prepared and to send a copy of it to VANTOPIA within 5 working days.

§ 18 Travel Abroad

(1) The Hirer is entitled to use the vehicle within the geographical borders of Europe.

(2) The Hirer is obliged to find out about any deviating legal regulations on the use of vehicles before traveling abroad. In the event of damage abroad, the Hirer shall be obliged to pay the necessary costs of settling the claim. If these costs are to be borne by VANTOPIA, they shall be reimbursed to the Renter against proof of costs.

§19 Tolls & environmental zones 

All toll and registration fees shall be borne by the renter. The Hirer is obliged to find out about any toll charges and environmental zones in the respective country of travel before entering the country and, if necessary, to register accordingly in advance.

For trips to Sweden and/or Norway, the Hirer is obliged to register with www.epass24.com before entering the country so that the toll charges incurred can be settled directly with the Hirer. The license plate number must be added later, after the Hirer has taken over the vehicle from the Rental Firm. After leaving the country or at the latest before returning the vehicle, the renter is obliged to deregister himself or the vehicle. If the Hirer fails to deregister, the Rental Firm reserves the right to charge a processing fee of €20.

If, when traveling to Portugal, routes are used on which the toll is collected electronically, the Hirer is obliged to register in advance at www.portugaltolls.com or to purchase a TollCard.

When traveling to France, the Hirer is only obliged to drive in the official environmental zones if he has applied for an environmental sticker for the vehicle independently and at his own expense at https://www.certificat-air.gouv.fr/ in advance. The Hirer will receive the vehicle data required for registration from the Rental Firm on request.

In the event of non-compliance, the Hirer will be charged all fees invoiced via the Rental Firm plus VAT and a processing fee of €20.

§ 20 Cancellation

(1) Ordinary termination is excluded during the agreed term of the rental agreement.

(2) The right to terminate for good cause remains unaffected. A reason entitling VANTOPIA to extraordinary termination shall exist in particular in the event of a breach of the obligations listed in § 14 (2) of these GTC. In this case, claims for compensation by the renter are excluded. The claim to compensation for the damage incurred by VANTOPIA due to the breach of the obligations under Section 14 (2) of these GTC by the Renter shall remain unaffected.

(3) In the event of extraordinary termination by VANTOPIA, the Renter is obliged to return the vehicle, including vehicle documents, all accessories and all vehicle keys, to VANTOPIA immediately at the agreed return location.

§ 21 Liability of the tenant

(1) Unless otherwise agreed below, the renter and/or the driver shall be liable in accordance with the statutory provisions. Several renters shall be jointly and severally liable.

(2) The Hirer and the drivers included in the scope of protection of the exemption from liability under the insurance contract shall be liable for damage to the vehicle as a result of accidents (i.e. as a result of a sudden external event with mechanical force) during the agreed rental period up to the amount of the agreed excess.
1. the limitation of liability up to the amount of the agreed deductible does not apply if the damage was caused by intent, gross negligence, driving under the influence of alcohol or drugs or hit-and-run. Notwithstanding the agreed limitation of liability, VANTOPIA shall hold the Renter liable in the event of gross negligence on the part of the Renter up to the amount of the total damage in proportion to the severity of the fault, whereby the extent of liability in cases of gross negligence shall be determined in accordance with Section 81 (2) VVG. 2. the limitation of liability up to the amount of the agreed deductible shall also not apply in the event of a willful breach of an obligation incumbent on the renter or driver, in particular in accordance with § 17 of these GTC. In the event of gross negligence with regard to the breach of obligation, VANTOPIA shall be entitled to reduce its obligation to indemnify in proportion to the severity of the fault, whereby the extent of liability in cases of gross negligence shall be determined by analogy with Section 81 (2) VVG. The above two sentences shall not apply if the breach of the obligation is not the cause either for the occurrence of the case of indemnification or for the determination or the scope of VANTOPIA’s obligation to indemnify and the obligation was not fraudulently breached.

3. brake, operational and pure breakage damage are not accidental damage. In these cases, the renter is fully liable.
4. there is no insurance cover for damage to the vehicle caused during the use of ferries or car trains. All costs for damage incurred on the respective means of transport shall be borne by the Hirer.
5. the limitation of liability up to the amount of the agreed deductible does not apply to all parts of the camping equipment (e.g. furniture, kitchen appliances, lamps, etc.) of the vehicles, as well as accessories that are not part of the basic equipment of the vehicle, in particular awnings, pop-up roofs, roof tents, etc. The limitation of liability does not apply to all parts of the camping equipment. Furthermore, the limitation of liability does not cover damage caused by a switching error or incorrect refueling (water tank or diesel fuel tank), improper use (e.g. driving on unpaved roads) or by the load.

(3) The Renter shall be liable without limitation for all violations of traffic and regulatory provisions and other statutory provisions.

(4) The Renter shall indemnify VANTOPIA against all fines and warnings, fees and other costs that authorities or other bodies assert against VANTOPIA due to violations of traffic and regulatory regulations and other statutory provisions.

(5) The Renter shall indemnify VANTOPIA against all toll charges incurred by him, the driver or third parties to whom he leaves the vehicle.

(6) VANTOPIA reserves the right to charge the amounts shown in §23 as lump-sum compensation for the workload incurred by VANTOPIA for the processing of damage caused by the Renter during the rental period as well as administrative offenses, criminal offenses or other violations of statutory or contractual provisions, unless the Renter proves that VANTOPIA has only incurred lower expenses and/or damages.

§ 22 Liability of VANTOPIA

(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences. The above exclusions and limitations of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected. Strict liability for initial defects of the rental object pursuant to Section 536a (1), 1st case BGB is excluded.

(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of the VANTOPIA website.

(3) All exclusions and limitations of liability shall also apply to the personal liability of VANTOPIA’s employees and representatives.

§ 23 Processing fees for culpable breaches of duty: 

  • Refilling the fuel tank: one-off €30 + fuel
    Billing of toll charges: 20€
  • Processing of parking tickets or other violations of legal or contractual provisions: Billing according to expenditure: (60€/hour)
  • Replacement of the vehicle registration document in the event of loss: One-off €100
  • Replacement of the radio key in the event of loss: One-off €300
  • Emptying the toilet: one-off €50
  • Cleaning in the event of excessive soiling (e.g. soiling of the upholstery): Billing according to expenditure (60€/hour)
  • Removal of odor nuisance (in particular due to non-compliance with the smoking ban): One-off €300
  • Late return: €25 per hour or part thereof
  • Contractual penalty for non-compliance with the tenant’s obligations listed in the GTC under §17 in the event of an accident: €500

§ 24 Final provisions, note on online dispute resolution (ODR)

(1) Amendments and supplements to these GTC should be made in text form in order to avoid ambiguities or disputes between the parties about the agreed content of the contract.

(2) If you had your place of residence or habitual abode in Germany when the contract was concluded and have either moved out of Germany at the time VANTOPIA brings an action or your place of residence or habitual abode is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of VANTOPIA GmbH in Hamburg.

(3) We would like to point out that, in addition to the ordinary legal process, there is also the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and on the online dispute resolution platform (ODR) provided by the European Commission at the Internet address: http://ec.europa.eu/consumers/odr. The e-mail address of VANTOPIA GmbH is: info@vantopia.de. In accordance with § 36 VSBG, we would like to point out that we are not obliged or willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.