§ 1 Scope of application

• These General Terms and Conditions serve as the basis for the rental /leasing of Camper BRUNO

• These terms and conditions do not exclude special agreements, but they are only valid if they are recorded in writing.

§ 2 Definitions

• Begriffsdefinition:
  • Lessor“: Sehnsuchtsorte GmbH, Grünauerstraße 28, 5071 Wals, Österreich
  • „Rental object“: Camper BRUNO rented against payment.
  • „Tenent“: Is a natural person who rents Camper BRUNO. As a rule, the tenant is also the lessee. As a tenent are also considered those persons who arrive with the tenant (eg familiy members, friends, etc.)
  • „Tenant“: is a natural or legal person of the country or abroad, who concludes a rental agreement as a tenant or for a tenant.
  • „Consumer" and "Entrepreneur": the terms are to be understood in the sense of the Consumer Protection Act 1979 as amended.
  • „Rental Agreement": Is the contract concluded between the tenant and the tenant, the contents of which are set out in more detail below.

 § 3 Conclusion of contract - payment

• The rental agreement shall be concluded by the acceptance of the order of the Lessee by the Lessor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under ordinary circumstances, and the receipt takes place during the announced business hours of the Lessee.

• The Lessor is entitled to conclude the Lease Agreement on the condition that the Lessee makes full payment. If the Lessee agrees to make the payment, the Lease Agreement shall be concluded upon receipt of payment by the Lessor.

• The tenant is obliged to pay a deposit of 50% within 14 days of booking. The balance must be paid 14 days before arrival.The costs of the money transaction (e.g. transfer charges) shall be borne by the Lessee. For credit and debit cards, the respective conditions of the card companies apply.

§ 4 Beginning and end of the rental

• The renter has the right to take over Camper BRUNO from 10.00 a.m. of the agreed day (1st day of rental), if the lessor does not offer any other reference time.
   

• If an earlier handover is desired, this must be requested in writing and will be charged as an additional daily rate, unless otherwise agreed.

• Camper BRUNO is to be returned at 16.00 on the last day of the rental. The lessor is entitled to charge an additional day if the camper BRUNO is not returned in time.
  
  

§ 5 Withdrawal from the rental contract

Withdrawal by the lessor

• If the rental contract provides for a payment and this payment has not been made by the tenant in due time, the landlord may withdraw from the rental contract without a grace period.

• If the Hirer does not appear on the agreed day of pick-up by 6:00 p.m. at the latest, the Rental Firm shall not be obliged to make Camper BRUNO available, unless a later pick-up time has been agreed.

• If the rental object Camper BRUNO has become unusable due to an accident / case of damage / force majeure, the lessor is entitled to withdraw from the rental agreement, if he returns the agreed rental fee in full and without deduction to the tenant. 

• Up to 3 months before the agreed date of arrival of the tenant, the rental agreement can be terminated by the landlord, for factually justified reasons, by a unilateral declaration.

Withdrawal by the tenant

• From the moment of the conclusion of the contract until at the latest 3 months before the agreed 1st day of renting, the rental contract can be cancelled by the renter without paying a cancellation fee by a unilateral written declaration.

• Outside the period specified in § 5, withdrawal by unilateral declaration by the Lessee is possible only upon payment of the following cancellation fees: 

• 3 months to 30 days prior to the 1st rental day, 30% of the total rental price will be charged as cancellation fee;

• 29 to 15 days before the 1st rental day 40% of the total rental price will be charged as cancellation fee;

• 14 to 7 days prior to the 1st rental day, 50% of the total rental price will be charged as a cancellation fee;

• From 6 days before the 1st rental day, 60% of the total rental price will be charged as a cancellation fee.

Impediments at pick up

• If the renter cannot appear at the agreed pick-up location on the 1st day of the rental because all arrival possibilities are impossible due to force majeure (e.g. extreme snowfall, high water, etc.), the renter is not obliged to pay the agreed fee for this day. Traffic obstructions or traffic jams are not considered as force majeure.

• The obligation to pay for the booked stay shall be revived from the time of arrival if the rental is possible again within the rental period.

§ 6 Rights of the renter

• By concluding a rental agreement, the renter acquires the right to the usual use of Camper BRUNO. 

§ 7 Duties of the tenant

• The lessee is liable to the lessor for any damage caused to Camper BRUNO by him or the guest or any other person with the knowledge or will of the lessee. For his part, the lessee is obliged to handle the rental object with care.

§ 8 Rights of the lessor

• If the tenant refuses to pay the agreed fee or the deposit at the time of handover or is in arrears, the landlord is entitled to the statutory right of retention pursuant to § 970c ABGB and the statutory right of lien pursuant to § 1101 ABGB on the items brought by the tenant. The landlord shall also be entitled to this right of retention or lien to secure its claim under the rental agreement.

§ 9 Duties of the lessor

• The lessor is obliged to provide Camper BRUNO, in the agreed scope.

§ 10 Limitation of liability

• If the renter is a consumer, the liability of the lessor for slight negligence, with the exception of personal injury, is excluded.

• If the renter is an entrepreneur, the liability of the lessor for slight and gross negligence is excluded. In this case, the lessee bears the burden of proof for the existence of fault. Consequential damages, immaterial damages or indirect damages as well as lost profits will not be compensated. The damage to be compensated shall in any case find its limit in the amount of the trust interest.

§ 11 Keeping of animals

• All animals are not allowed in the camper BRUNO.

§ 12 Extension of the rental period

• The tenant has no right to have his stay extended. If the tenant announces his wish to extend the rental period in time, the landlord may agree to the extension of the lease. The lessor is not obliged to do so.

• If the tenant on the day of return of camper BRUNO can not return it in time, due to force majeure (eg extreme snowfall, floods, etc) all roads are closed or unusable, the lease is automatically extended for the duration of the impossibility of return. A reduction of the fee for this period is only possible if the tenant can not fully use the services offered by the landlord due to the exceptional weather conditions. The Lessor is entitled to demand at least that fee which corresponds to the price usually charged in the low season.

§ 13 Termination of the rental agreement - early termination

• If the tenant returns camper BRUNO before the expiry of the agreed rental period, the landlord is entitled to retain the full agreed fee.

• The death of a tenant terminates the contract with the lessor.

• The landlord is entitled to terminate the rental agreement with immediate effect for good cause, 

1. in particular if the tenant of Camper BRUNO makes a significantly detrimental use

2. is afflicted with a contagious disease or an illness that extends beyond the rental period or otherwise becomes in need of care;

3. fails to pay any bills or the security deposit when due within a reasonably set period of time (3 days).

• If the fulfillment of the contract becomes impossible due to an event to be considered as force majeure (e.g. acts of God, strike, lockout, official decrees, etc.), the agent may terminate the rental contract at any time without observing a notice period, unless the contract is already considered terminated according to the law, or the lessor is released from his rental obligation. Any claims for damages etc of the tenant are excluded.

§ 14 Death of the tenant

• The landlord has claims for compensation against the tenant and the guest or in case of death against their legal successors, in particular for the following costs:

1. thorough cleaning and room disinfection that has become necessary

2. objects that have become unusable, such as bed equipment

3. daily rent as long as the camper is not usable

4. any other damage for the lessor

§ 15 Place of jurisdiction and choice of law

• Place of performance is the location of Sehnsuchtsorte GmbH, Grünauerstraße 28, 5071 Wals, Austria.

• This contract is subject to Austrian formal and substantive law excluding the rules of international private law (esp. IPRG and EVÜ) as well as UN sales law.

• Exclusive place of jurisdiction in the two-sided entrepreneurial business is the registered office of Sehnsuchtsorte GmbH, whereby the lessor is also entitled to assert his rights at any other local and competent court.

• If the rental agreement was concluded with a contractual partner who is a consumer and has his domicile or habitual residence in Austria, lawsuits against the consumer can only be brought at the consumer's domicile, habitual residence or place of employment.

• If the rental agreement was concluded with a contractual partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for actions against the consumer.

§ 16 Other

• Unless the above provisions provide otherwise, the running of a time limit begins with the delivery of the document ordering the time limit to the contracting parties, who must comply with the time limit. If the term is calculated in days, the day in which the time or the event falls, according to which the beginning of the term is to be determined, shall not be included in the calculation. Time limits determined by weeks or months refer to that day of the week or month which by its name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day in this month shall be decisive.

• Declarations must be received by the other contracting party on the last day of the term (midnight).

• The Lessor is entitled to set off its own claims against the Lessee's claims. The tenant is not entitled to set off his own claims against claims of the lessor, unless the landlord is insolvent or the claim of the tenant is judicially determined or recognized by the lessor.

• In the event of loopholes, the relevant statutory provisions shall apply.