Terms and conditions

The following Standard Terms and Conditions [AGB] of Xplore Caravans, apply exclusively. Terms and conditions of the Hirer which contradict or deviate from the Standard Terms and Conditions of the Rental Company will not be recognized. The Standard Terms and Conditions of the Rental Company will apply even if the Rental Company hires the motorhome out to the Hirer without reservation, knowing that terms and conditions of the Hirer contradict or deviate from these Standard Terms and Conditions.

The sole subject of the contract with the Rental Company is hiring out of the Vehicle. The Rental Company is under no obligation to provide travel services, and in particular no package of travel services.

The Hirer and any other driver must be at least 25 years old. For Vehicles above 3,5 tons the minimum age is 25 years. The hirer and any other drivers must have been in possession of a Class III / Class B or comparable national driver´s license for at least 5 year – for Vehicles above 3,5 tons not less than 8 years – corresponding to the weight of the Vehicle. The delivery of the Vehicle requires the presentation by the Hirer and/or driver(s) of the driver’s license and the valid identification card/passport at the time of taking possession. If a delay in taking possession occurs due to the non-presentation of said documents, such delay shall be at the expense of the Hirer. If such documents cannot be presented neither at the agreed time for taking possession, nor within a reasonable grace period thereafter, then the Rental Company shall be entitled to withdraw from the contract. The cancellation provisions set forth in section 4.3 shall apply. The Rental Company or the official authorities of the country may require the presentation of an international driver’s license (for non-EU citizens).If, upon renting, a respective driver´s license cannot be presented, the Vehicle shall be regarded as not collected. In such case, there shall apply the respective terms of cancellation (see 4.3).
The Vehicle may only be driven by the Hirer and the drivers named at the time of hiring.

DRIVERS

Age limits: 25 to 70 years. Driver must have held a valid license for more than five years
Details of additional drivers required.
Production of valid standard driver’s license required from all drivers at start of hire.
Drivers are personally liable for all legal penalties (e.g.: parking tickets) which are incurred during the period of hire.
Drivers must provide 2 separate forms of identification. i.e. utility bill (not older than 3 months), credit card and passport
All drivers must be present

The hire charges applicable are those stated in the version of the Rental Company’s price list in force at the time the contract is concluded. Any prescribed minimum rental period applicable during particular travel periods is likewise indicated in the version of the Rental Company’s price list current at the time the contract is concluded. The prices applicable are those for the season indicated in the price list within which the rental period booked falls.
The relevant hire charges include unlimited millage, comprehensive insurance as discussed in section 12.
The daily rates applicable will be charged for each 24-hour period completed or commenced during the rental period. The rental period will begin when the Hirer takes possession of the Vehicle at the rental station and end when the rental station employee takes it back.
If the Vehicle is returned after the time agreed in writing, the Rental Company will charge a fee according to the actual valid pricelist (20€/hour) (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the Rental Company on the grounds that a Vehicle was supplied late must be borne by the Hirer.
If the Vehicle is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid unless the Vehicle can be hired out to someone else.

The Vehicle will be supplied with a full tank and must be returned in the same condition. Otherwise, the Rental Company will charge the diesel according to the valid price list. Fuel and running costs during the rental period must be borne by the Hirer.
One-way rentals are only possible by special agreement.

Reservations are only binding after they have been confirmed by Xplore Caravans, and reserves the right to upgrade the client to an equivalent or superior Vehicle.
To confirm the booking a deposit of 30% of the rental charge
. After receiving the payment, a booking confirmation will be sent to the Hirer. Only then will the reservation become binding on both parties. If the Hirer exceeds this deadline written in the offer Xplore Caravans will cease to be bound by the reservation.

Changes may be made to a reservation confirmed to the Hirer from the date of reservation until at least sixty days before the agreed commencement of the rental period, as long as the Rental Company has alternative capacity and the alternative booking corresponds in amount to the first. Rebooking’s are only possible in the same calendar year*.

Until 45 days before the beginning of the rental period (Pick Up), we will return the deposit of 30% charged.
Between 45 to 30 days before beginning of rental 50% of rental price
Between30 to 15 days before beginning of rental 80% of rental price
Less than 15 days of Pick up or by no show 100% of rental price
*It is up to the Hirer to prove that no damage has occurred at all or to a lesser extent. Later changes are not permitted. Each rental amendment will be charged according to the valid price list. After conclusion of the contract the Hirer is not entitled to any

changes with regard to begin a term of rental.

The deposit of 30% of the rental charge will be charged in the moment of making the reservation to the hire credit card..The chargement of rest of the amount (70% of the rental charge), will be done between 15 days before Pick up and the day of picking up.
The security deposit of 750 € must either be paid in Xplore Caravans at the latest when the Vehicle is collected. (MasterCard, Visa) A payment of the deposit with
In the case of short-notice bookings (less than 15 days before hire commencement) the total hire charge will be due immediately.
The Rental Company will reimburse the security deposit after the final rental accounthas been settled, as long as the Vehicle is returned as required. Any charges incurred in addition to the hire charge paid in advance by the Hirer will be deducted from the security deposit when the Vehicle is returned.
If the Hirer defaults on payment, interest will be charged in accordance with the stat tory regulations in force.

Before driving the wheel, the Hirer is under an obligation to take part in a detailed introduction to the Vehicle by the Rental Company’s experts at the collection center. Xplore Caravans is entitled to refuse to hand over the Vehicle until this introduction has taken place. If handover is delayed due to the fault of the Hirer, he must bear any costs incurred as a result.
On returning the Vehicle, the Hirer is under an obligation to carry out a final examination of it together with rental station staff. Any damage not specified in the report of delivery that is detected upon return of the Vehicle shall be at the Hirer’s expense.
Vehicles can be collected from 9:30am to 20pm. They may be returned from Monday to Saturday between 9:30 am and 20pm. Pick up and Drop Off times as shown in the rental contract are binding. This will incur an additional charge, to be agreed. The days of collection and return will be charged together as a single day, as long as a total of 24 hours is either not exceeded or only exceeded due to the fault of the Rental Company.
The Vehicles are delivered with a clean interior and have to be returned by the Hirer in the same condition as they have been received. Should the interior not be in the same clean condition as it has been received, the Hirer will be liable for the cleaning fee.

The Hirer is prohibited from using the Vehicle as follows: to participate in motor sport events and Vehicle tests, to transport easily inflammable, poisonous or otherwise dangerous substances, to commit Customs or other criminal offences, even if these are only punishable according to the law applicable in the place where the offence was committed, for rental to a third party or for the commercial transport of passengers or for any other use going beyond that agreed by contract, in particular driving on terrain not intended for the purpose.
The Vehicle must be treated carefully and appropriately and properly locked on all occasions. The regulations and technical rules applicable to its use must be complied with. Its running condition, in particular oil and water levels and tire pressure, must be monitored. The Hirer undertakes to check regularly to make sure that the Vehicle is in a roadworthy condition.
All Vehicles are non-smoking Vehicles. This means that you may not smoke in any part of the Vehicle. Pets may not be brought. Cleaning expenses caused by non-compliance with regulations must be borne by the Hirer. Any costs which may be incurred by deventilation or for elimination of contamination with smoke, including lost profits resulting from temporary non- availability of the Vehicle for hire owing to these circumstances, shall also be borne by the Hirer.
If evidence of violation of the provisions in the aforementioned paragraphs 7.1, 7.2 and 7.3 can be provided, the Rental Company may terminate the lease without notice.

After an accident, theft or damage by fire or collision with a wild animal, the police must be informed immediately and also Xplore Caravans ( +34 620283919) at the latest immediately after the working day following the day of the accident/incident. It is not permitted to accept any third-party claims as valid.
Even in the case of very slight damage, the Hirer must prepare a detailed written report for the Rental Company, including a sketch. If, for whatever reason, the Hirer fails to draw up such report and if, because of that, the insurance company refuses to pay the damage, the Hirer shall be obliged to pay full compensation for the damage.
The accident report must in particular include the names and addresses of anyone involved and any witnesses, together with the license numbers of all Vehicles involved and has to be over handed filled out and signed by Drop Off latest towards the Rental Company.

Journeys abroad within Europe are not permitted. Journeys to areas affected by war or crisis are prohibited. There is an additional charge for UK Cover (see current pricelist and accessories).

Any claims to compensation by the Hirer on the basis of defects for which the Rental Company is not responsible are hereby excluded.
Any defects in the Vehicle or its fittings/equipment which are discovered after the commencement of the hire must be reported to the Rental Company in writing by the Hirer as returning the Vehicle. Claims for damages based on subsequently notified defects shall be excluded unless the claim is based on a defect which is not patent.

Repairs which are necessary in order to maintain the Vehicle in a good working and roadworthy condition during the rental period may be ordered by the Hirer up to
€ 150 without consultation. Repairs going beyond this may only be ordered with the consent of the Rental Company. Xplore Caravans will bear repair costs on production of the original invoices and the parts replaced, as long as the Hirer is not liable for the damage pursuant to Section 12 below. This does not apply to tire damage.

If a defect for which the Xplore Caravans is responsible makes such a repair necessary, and if the Hirer does not rectify the defect on his own initiative, the Hirer must notify Xplore Caravans y of the defect immediately and set a reasonable deadline for its repair. Any circumstances specific to a particular country (e.g. infrastructure) which delay the repair must be taken into account here to avoid disadvantage to the Xplore Caravans.
If the Vehicle is destroyed without any fault on the part of the Hirer or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, Xplore Caravans will be entitled to supply the Hirer with an equivalent substitute Vehicle within a reasonable period. If the Xplore Caravans supplies an equivalent substitute Vehicle, any termination by the Hirer is excluded. If in such a case Xplore Caravans offers a Vehicle from a lower price class and this is accepted by the Hirer, the Rental Company will reimburse to the Hirer the difference between this and the price already paid in advance by the Hirer.
If the Vehicle is destroyed due to the Hirer’s fault or if it is foreseeable that its use will be prevented or made impossible for an unreasonably long period due to the Hirer’ s fault , Xplore Caravans may refuse to make a replacement Vehicle available. In such a case, termination of the contract by the Hirer is excluded. If Xplore Caravans provides a replacement Vehicle, it can charge the Hirer with the transfer costs incurred.

In accordance with the principles of a comprehensive motor insurance, Xplore Caravans will indemnify the Hirer from liability subject to an excess of € 750 per damage to be borne by the Hirer in case of damage subject to full comprehensive motor insurance per case of damage. The respective excess cannot be excluded.
The indemnity against liability described in Subsection 12.1 will not apply if the Hirer causes a loss/damage deliberately or by gross negligence.
If the Hirer causes loss/damage culpably, he will additionally be liable in the following cases:

if loss/damage was caused by impaired ability to drive due to drugs or alcohol
if the Hirer or a driver to whom the Hirer has supplied the Vehicle leaves the site of an accident without justification
if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount
if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/ damage or of its amount
If loss/damage is due to usage prohibited by Subsection 7.1
If loss/damage is due to a breach of an obligation imposed by Subsection 7.2
If loss/damage is caused by an unauthorized driver to whom the Hirer has supplied the Vehicle
if loss/damage is due to a failure to take account of the Vehicle’s dimensions (height English Road Traffic Regulations, with English Road Traffic Regulations or equivalent country signs.
If loss/damage is due to a failure to comply with load regulations
To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the Rental Company will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.
The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Company in connection with the use of the Vehicle, unless these are incurred due to the fault of the Rental Company. Xplore Caravans reserves the right to deduct the fees, charges, fines and penalties from the clients’ credit card. Additional handling charges are subject to the displayed pricing lists at the rental stations.
More than one Hirer will be generally and severally liable.

Xplore Caravans bears unlimited liability for deliberate action and gross negligence. In the case of simple negligence Xplore Caravans is only liable for foreseeable loss/ damage typical of the type of contract concerned where there is a breach of an obligation the meeting of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). This standard of liability also applies in cases of obstacles to performance at the time of the conclusion of the contract.
The above limitations and exclusions of liability do not apply to claims under the terms of the German Product Liability Act or to claims based on injury to life, limb or health or infringements of liberty.
Claims which are not excluded according to paragraph 13.1 but were only limited in scope shall become statute-barred within a year of the end of the year of the claim being created and the circumstances justifying the claim and the debtor’s identity being disclosed to the creditor or the creditor, without gross negligence, being considered to be aware of such circumstances or identity. With the exception of claims for damages which are based on loss of life, physical injury, health hazards or the loss of freedom and claims based on the product liability act, claims for damages shall become statute-barred – with no consideration being given as to whether the creditor was aware of the circumstances and identity or, without gross negligence, should have been aware of such circumstances and identity – within five years of the end of the year in which the claim was created.
The Terms and conditions of the Rental Company apply. These are provided at the rental station during Pick Up and are published on our website. Additional price lists are published in each Rental Station.

The Hirer agrees to the Rental Company storing personal data.
The Rental Company may forward these data via the central warning ring to third parties with a justified interest if the statements made in the rental are incorrect in essential points or the rented Vehicle is not returned within 24 hours of the expiry of the rental period (also extended, if need be) or if rental claims have to be made in judicial reminder proceedings or cheques presented by Tenant are not honored. In addition, the data can be forwarded to all the authorities responsible for prosecution of offences against public order and criminal offences in the event of Tenant actually behaves dishonestly or sufficient indications here for existing. This is done, for example, in the event of wrong information for the rental, presentation of forged personal documents or such reported as having been lost, failure to return the Vehicle, failure to notify a technical defect, road traffic offences or similar.

The Rental Company´s Vehicles can be equipped with Tracking Systems.

The Rental Company authorizes the use of these Vehicles up to the stated number of passengers. Each person to use the safety restraints provided at all times whilst Vehicle is in motion.

The Rental Company reserves the right, at its absolute discretion, to substitute a comparable or superior Vehicle for the Vehicle. In that event, I shall not be liable for any increased rental or other charges save for any addition running costs pertaining to the substitute Vehicle. Such substitution shall not entitle me to any refund and does not constitute a breach of this Agreement.

Subject to its obligation to deliver the Vehicle or an appropriate substitute Vehicle, I release the Rental Company, its employees and agents, from any liability to me (regardless of who is at fault) for any loss or damage incurred by me by reason of this Agreement, including but not limited to:
Any loss or damage caused by breakdown, mechanical defect, accident or the Vehicle being unsuitable for my purpose;
Any loss or damage to any property left in or on the Vehicle, in any service Vehicle or on any Rental Company premises or recovered or handled by the Rental Company. Subject to any insurance arrangements agreed with the Rental Company, I hereby indemnify and shall keep indemnified the Rental Company, its employees and agents against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of my use and/or possession of the Vehicle

For all disputes arising out of or in connection with the hire contract for the Vehicle, it is hereby agreed that if the Hirer has no general legal venue in Germany or if the Hirer against whom legal action is to be brought to enforce a claim transfers his place of residence or usual abode abroad after the conclusion of the contract or if his place of residence or usual abode is not known at the time when action is brought or if the Hirer is a merchant [Kaufmann] as defined by German law or a person defined as equivalent by § 38 Para. 1 German Code of Civil Procedure [ZPO], the legal venue will be that of the rental station concerned.


January 1st, 2018