Terms & Conditions

General Rental Terms and Conditions (AVB) for DRM Motorhomes
(valid from 8 August 2024)

Dear Customer,

the following terms and conditions shall, insofar as validly agreed, become part of the contract concluded between you and Deutsche Reisemobil Vermietungs GmbH – hereinafter referred to as “DRM” - in the event that a contract for the booking of a motorhome is concluded. Please therefore read these terms and conditions carefully.

1. Applicable Law, Position of the Customer, Content of the Contract

1.1. The subject matter of the contract with DRM is exclusively the provision of a motorhome for rent. DRM does not owe any travel services and, in particular, no combination of travel services (package holiday). The statutory provisions on package travel contracts, in particular § 651 a-l of the German Civil Code (BGB), apply to the contractual relationship neither directly nor indirectly.

1.2. In accordance with the choice of law made in clause 22 of these terms and conditions, the contractual relationship between DRM and the customer shall be governed primarily by these terms and conditions and, in the alternative, by the statutory provisions on tenancy/rental contracts, §§ 531 et seq. of the Civil Code of the Federal Republic of Germany.

1.3. Several renters shall be jointly and severally liable.

1.4. The handover and return report, which is to be completed in full and signed by the renter and the return station, also forms part of the rental contract.

1.5. The rental period begins when the renter takes over the motorhome. For proper return, the renter must hand over the motorhome in person to a representative of DRM at a DRM station and sign the return report prepared by the representative upon return. Until that time, the renter is liable for damage to the motorhome in accordance with the following provisions; the renter is likewise liable for the rental charge or, after expiry of the agreed contract term, for damage resulting from late return.

1.6. DRM will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG) and is not obliged to do so.

1.7. It is stipulated in advance that continued use of the rented item beyond the agreed period does not constitute a tacit extension of the rental relationship. The parties acknowledge all documents (e.g. the pick-up and handover report) as binding even without a signature.

2. Minimum Age, Driving Licence, Authorised Drivers

2.1 The minimum age of the renter and of the drivers is 21 years. Driving licence class 3 for all models. Category B for vehicles with a permissible gross vehicle weight of up to 3,500 kg and category C1 for vehicles with a gross vehicle weight of more than 3,500 kg. Drivers holding a category B or C1 driving licence must have held their driving licence for at least two years.

Presentation of the driving licence and of a valid identity card/passport by the renter and/or the driver at pick-up is a prerequisite for the handover of the vehicle. Any delay in pick-up resulting from failure to present these documents shall be borne by the renter. If these documents cannot be presented either at the agreed pick-up time or within a reasonable grace period, the lessor is entitled to withdraw from the contract. The cancellation terms of clause 6.3 shall apply.

Presentation of an international driving licence (for non-EU members) may be required by the lessor or by the official authorities of the country. DRM is entitled to make copies of the above-mentioned documents.

2.2 Please note that certain DRM vehicles have a gross vehicle weight of more than 3.5 tonnes and that a corresponding driving licence is required to drive such vehicles. Holders of a category B driving licence must, to be on the safe side, consult the lessor regarding the technically permissible maximum laden mass of the vehicle rented by the renter. If a corresponding driving licence cannot be presented at the time of rental, the vehicle shall be deemed not to have been collected. In this case, the corresponding cancellation terms of clause 6.3 shall apply.

3. Rental Prices, Insurance

3.1. The rental price shall in principle be the prices from the price list valid at the time the contract is concluded, unless a special price has been agreed and provided that the rental price agreement is not based on an obvious error. The different seasons are taken into account in calculating the price.

3.2. The rental prices include: free kilometres in accordance with the contract; comprehensive cover with an excess per claim in accordance with the contract; third-party liability insurance with a flat-rate sum insured of €100 million for personal injury, property damage and financial loss (personal injury €8 million per injured person); the manufacturers’ mobility guarantee. Fuel and operating costs shall be borne by the renter.

3.3. The daily prices are charged for each commenced 24-hour period. In the event of return after the time agreed in writing, DRM will charge €30 for each commenced hour (but no more than the full daily price for each day of delay) and will pass on to the renter any claims for damages asserted against DRM by the subsequent renter or other persons on account of a delayed vehicle pick-up.

3.4. If the vehicle is returned before the end of the agreed rental period – unless culpably caused by the lessor - the full contractually agreed rental price shall be payable, unless the vehicle can be rented out elsewhere. The minimum rental period specified for certain travel periods in the price list valid at the time must be observed. A one-off service fee is charged for each rental.

4. Booking (Conclusion of Contract), Subject Matter of the Service

4.1. By making a booking, the customer makes DRM a binding offer to conclude a rental contract on the basis of these rental terms and conditions and the service description in the brochure or on the internet.

4.2. If the booking is transmitted electronically (by e-mail or via the internet), DRM will confirm receipt of the booking to the customer electronically without delay. This acknowledgement of receipt does not yet constitute a booking confirmation and accordingly does not give the customer any entitlement to the conclusion of a rental contract.

4.3. The rental contract is concluded exclusively by the written confirmation of DRM to the customer.

4.4. The subject matter of the service is exclusively a vehicle of the booked vehicle group, not a specific vehicle type/model.

4.5. Information in third-party brochures, information and assurances from third parties, in particular from manufacturers, vehicle handover points and travel agents, which go beyond or contradict the service description and the contractual information provided by DRM, are not binding on DRM.

5. Terms of Payment, Deposit

5.1. After receipt of the written booking confirmation, a down payment of €300 must be transferred within 10 days to the DRM account stated in the confirmation.

5.2. The balance must be transferred 30 days before the start of the rental (free of charges and fees, in particular in the case of payments from abroad) to the account specified by DRM, whereby the timeliness of payment is determined by the date on which the amount is credited to the account.

5.3. A deposit in the agreed amount, as stated in the service description and noted in the booking confirmation, must be paid together with the balance. Alternatively, the deposit may be lodged on the day of departure by Visa / Mastercard. The deposit will be refunded by DRM (head office in Markt Schwaben) upon proper return of the vehicle and after the final settlement of the rental contract. All extras incurred will be offset against the deposit upon return of the vehicle. If the claim arising from the rental contract is paid by credit card, the signature of the cardholder shall also be deemed authorisation for subsequent charges resulting from damage culpably caused by the renter (up to the maximum excess per claim contractually agreed in each case).

5.4 In the case of short-notice bookings (less than 30 days before the start of the rental), the expected rental price is due immediately.

5.5. Insofar as DRM is willing and able to provide the contractually owed service and the customer has no statutory or contractual right of retention, there is no entitlement to the contractual services, in particular to the pick-up of the vehicle, without full payment of the rental price and the deposit.

5.6. If the down payment, the balance and the deposit are not paid within the contractually agreed due dates, DRM may, after a reminder setting a deadline, withdraw from the contract and charge the customer cancellation costs in accordance with clause 6 of these terms and conditions.

5.7. Unless the customer is already in default earlier as a result of a previous reminder from DRM, default in payment shall occur even without a reminder from DRM no later than 30 days after the due date and receipt of the booking confirmation and invoice.

6. Vehicle Groups, Cancellation and Rebooking

6.1 Bookings are binding exclusively for the vehicle group stated in the reservation, but not for the respective vehicle type. This also applies if a specific vehicle type is given as an example in the description of the vehicle group. The lessor reserves the right to rebook the renter onto an equivalent or higher-value vehicle.

6.2. Please note that there is no general statutory right of withdrawal for rental contracts. Please further note that, pursuant to the statutory provision of § 312b (3) no. 6 BGB, there is likewise no right of revocation.

6.3. However, DRM grants the customer a right of withdrawal, which in the customer’s own interest should always be exercised in writing. In the event of withdrawal from the contract, DRM will charge the following cancellation fees, the calculation of which takes into account saved expenses and the usually possible alternative rental in accordance with the principles of § 537 (1) sentence 2 BGB:

• a) up to 50 days before pick-up: 10% of the rental price, but at least €300
• b) from the 49th to the 15th day before pick-up: 50% of the rental price
• c) from the 14th day before pick-up: 80% of the rental price
• d) on the day of rental or if the vehicle is not collected: 95% of the rental price

6.4. The renter is free to prove to DRM that it has suffered no loss or a significantly lower loss.

6.5. After conclusion of the contract, the customer has no entitlement to changes regarding the start of the rental, the type of vehicle, the pick-up and/or return station or the equipment (rebooking). If a rebooking is possible and is nevertheless carried out at the customer’s request, DRM may charge a rebooking fee of €50 per rebooking up to the 51st day before the start of the rental. Rebooking requests by the customer made later can, insofar as they can be carried out at all, only be carried out after withdrawal from the contract on the terms set out in clause 6.3 and simultaneous new booking. This does not apply to rebooking requests that cause only minor costs.

6.6 DRM is entitled to terminate the rental contract extraordinarily for good cause without notice and without payment of compensation if:

• the renter fails to make an agreed payment or provide an agreed security (deposit) even after expiry of a reasonable grace period set by the lessor;
• the renter is unable to present the required documents in accordance with clause 2.1 when taking over the vehicle even after expiry of a reasonable grace period set by the lessor;
• force majeure or other circumstances for which the lessor is not responsible - including supply and logistics problems of any kind - make performance of the contract impossible. In the event of such impossibility of performance, DRM will inform the renter without delay and, where possible, rebook the reservation free of charge or refund any down payment already made;
• a motorhome was culpably booked on the basis of misleading or false information or by concealing material facts; material facts may include the identity of the customer, their ability to pay or the intended use;
• the purpose of or reason for the rental is unlawful;
• there is a breach of material obligations and duties of the renter.

In the last-mentioned case, however, termination is only permissible after a reasonable period set for remedy has expired without success, unless setting a deadline obviously offers no prospect of success or immediate termination is justified for special reasons, weighing up the interests of both parties. Justified extraordinary termination by the lessor does not give rise to any claim by the customer for damages.

If the renter is responsible for the lessor’s extraordinary termination, the lessor shall credit the income from any alternative rental of the motorhome during the agreed rental period as well as the saved expenses against a claim for damages against the renter. The lessor may set the deduction for saved expenses as a flat rate as follows:

• up to 50 days before the start of the rental: 10% of the rental price
• 49 to 15 days before the start of the rental: 50% of the rental price
• less than 14 days before the start of the rental: 80% of the rental price
• on the day of rental: 95% of the rental price
• In the event of termination during the rental period, unused days will not be refunded.

The lessor remains free to assert further damage. The renter is free to prove that the claim has not arisen or has not arisen in the amount claimed.

7. Liability, Fully Comprehensive Cover, Damage

7.1. For damage arising during the rental period for which the renter or their driver is responsible, the renter is liable in accordance with the principles of comprehensive insurance, in the case of comprehensive-cover claims with an excess per claim in accordance with the rental contract. The respective excess cannot be excluded, but can be reduced for a fee by means of supplementary insurance from a third-party provider.

Stone chips (windscreen): For safety reasons, stone chips in windscreens are not repaired; instead, the windscreen must be replaced. The costs are borne by the renter within the scope of the excess.

Tyre damage: Tyre damage occurring while driving shall be borne by the renter. Towing costs do not have to be borne by the renter insofar as the roadside assistance insurance taken out covers these costs. Material costs (tyres) and fitting costs must be borne by the renter.

7.2. In order to avoid an increase in costs due to the costs of assessing the damage, DRM will, in the case of accident damage and upon request, first present the renter with sample invoices for corresponding damage. The lessor has the right to calculate any repair costs incurred on the basis of a cost estimate based on the repair costs for commercial vehicles customary in the locality. The renter remains free to prove that the damage is less than calculated in the cost estimate.

7.3. If the damage is caused intentionally or through gross negligence, in particular in the event of unfitness to drive due to alcohol or drugs, the limitation of liability shall not apply. The same applies to damage caused by failure to observe sign 265 (clearance height) pursuant to § 41 (2) no. 6 of the German Road Traffic Regulations (StVO) (or comparable regulations abroad). Furthermore, notwithstanding the agreed limitation of liability, the renter is fully liable for all damage caused by the renter to the roof of the vehicle, as well as for damage resulting from failure to observe the vehicle dimensions (vehicle height and width), attributable to improper loading and unloading or to the load, or caused by reversing without guidance from another person.

The limitation of liability also does not apply to damage caused by a gear-shifting error or misfuelling (water tank, AdBlue tank or diesel fuel tank), improper use (such as driving on unpaved roads) or by the load. The same applies to damage caused by operating errors to the awning, to the interior of the rental vehicle or to the pop-up roof including the folding roof.

7.4. If the renter has left the scene of an accident or has breached their obligations under clause 8 of these terms and conditions, they shall likewise be fully liable, unless the breach has had no influence on the establishment of the claim. The renter is also liable without limitation for all damage to the rented item arising during the rental period that is caused by use by an authorised or unauthorised driver (cf. clause 10 and clause 2), passenger or other guest. The renter is in particular also liable for damage caused by use for prohibited purposes (clause 11), by the load or by improper treatment of the vehicle. In all other respects, statutory liability shall apply.

7.5. The renter is liable for all damage asserted by third parties against the renter or DRM which the renter or drivers authorised by the renter have caused to third parties during the use of the rented item, insofar as this is not covered by the vehicle’s third-party liability insurance.

7.6. The renter is liable for all fees, charges, fines and penalties incurred in connection with the use of the vehicle for which the lessor is held liable, unless they were caused through the fault of the lessor. As compensation for the administrative effort, DRM charges a processing fee of €29 per case.

8. Return Report, Notification of Defects

8.1. The renter must notify the rental station of any defects in the rental vehicle or its equipment discovered after the start of the rental without delay, but no later than upon return of the vehicle.

8.2. The renter cannot assert claims of any kind if the defects giving rise to such claims are not recorded in writing and in detail in the return report. Claims shall only not lapse if a return report is not prepared for reasons for which the renter is not responsible.

9. Conduct in the Event of Accidents

9.1. After an accident, fire, theft or damage caused by wild animals, the renter must immediately notify the police and the DRM head office in Markt Schwaben. Claims of the opposing party must not be acknowledged. The same also applies to damage caused by grazing structures and buildings.

9.2. The renter must immediately inform the DRM head office in Markt Schwaben by telephone of all damage and, no later than upon return, submit a detailed written report together with a sketch.

9.3. The accident report must contain the names and addresses of the persons involved and of any witnesses as well as the registration numbers of the vehicles involved, and must be signed by both parties.

9.4. If the expected amount of damage exceeds the renter’s own liability or if the vehicle is no longer fully roadworthy, the renter must inform the lessor without delay.

10. Authorised Drivers

10.1. The vehicle may only be driven by the renter and by the authorised drivers specified at the time of rental.

10.2. The renter is obliged to record the names and addresses of all drivers to whom they entrust the vehicle, even if only temporarily, and to disclose them to the lessor upon request in connection with damage reports or penalty notices. The renter shall be deemed the keeper of the vehicle for the duration of the rental.

11. Prohibited Use

11.1. The renter is prohibited from using the vehicle: to take part in motor sport events and vehicle tests; to transport highly flammable, toxic or otherwise dangerous substances; to commit customs offences and other criminal offences, even if these are only punishable under the law of the place where they are committed; for sub-letting; for any other use going beyond the contractual use, in particular on terrain not intended for driving and on unpaved roads.

11.2. The vehicle must be treated with care and properly, and must be properly locked at all times. The regulations and technical rules relevant to its use must be observed and the maintenance intervals complied with. The renter undertakes to check regularly whether the rented item is in a roadworthy condition.

12. Handover, Return

12.1. When taking over the vehicle, the renter is obliged to attend a detailed briefing at the handover station. The lessor may withhold the handover of the vehicle until the vehicle briefing has taken place. Any resulting handover delays and costs shall be borne by the renter.

12.2. Before the vehicle is returned, the grey water tank must be completely emptied and the interior cleaned by the renter. If this is not the case, the renter will be invoiced for the costs of the cleaning work incurred (at least €150). If the toilet has to be partially or completely cleaned by the lessor, the renter will be invoiced cleaning fees of at least €150. The return of the vehicle is confirmed by the signature of the rental station employee on the return report. Without this signature, all damage to the rental vehicle shall be borne by the renter, in particular if the vehicle is left outside business hours. Handovers take place after the briefing from Mon to Fri in the afternoon; returns take place from Mon to Fri in the morning; on Saturdays, handovers and returns are only possible in the morning, by arrangement and for an additional fee in accordance with the contract. The return takes place at the station and is confirmed by the signature of the renter and the lessor on the checklist. The handover day and the return day are charged together as one day, provided that the times stated above are observed.

13. Replacement Vehicle

If the booked vehicle cannot be provided at the rental station, the lessor reserves the right to provide a vehicle that is comparable in size and equipment or larger. This does not result in any additional rental costs for the customer. Should a smaller vehicle be offered and accepted by the renter, the price difference between the two vehicles will be refunded. If the provision of a larger vehicle gives rise to higher incidental costs, such as ferry and toll charges or operating costs, these shall be borne by the renter. If the vehicle can no longer be used due to the fault of the renter, the lessor may refuse to provide a replacement vehicle. Termination of the rental contract is excluded in this case.

14. Trips Abroad

Trips abroad within Western Europe are possible. Eastern European countries require the prior consent of the lessor. Trips to war and crisis zones are prohibited.

15. Non-Smoking Vehicles

15.1. All DRM motorhomes are non-smoking vehicles. Smoking is therefore not permitted anywhere in the vehicle, either in the driver’s cab or in the living area.

15.2. In the event of proven violations, DRM may, where applicable, terminate the rental contract extraordinarily and without notice. In addition, a special cleaning fee of €500 will be charged, as well as any loss-of-use costs resulting from the vehicle consequently being temporarily unavailable for rental.

16. Repairs

16.1. Repairs that become necessary to ensure the operational safety and roadworthiness of the vehicle may be commissioned by the renter up to a price of €150 without further ado; larger repairs may only be commissioned with the consent of DRM.

16.2. The repair costs will be reimbursed by the DRM head office upon presentation of the corresponding original receipts and the replaced parts, insofar as the renter is not liable for the damage (see clause 7).

17. Remedy, Reduction, Damages

17.1. If the rental is not provided in accordance with the contract, the renter has the right to remedy, to a reduction of the rent or, insofar as DRM is responsible for a defect in the vehicle, to damages. To obtain a remedy, the renter must notify the rental station of any defects discovered without delay and grant the rental station a reasonable period for repair. Claims shall only not lapse if the immediate notification of defects is omitted through no fault of the renter, or if a remedy is refused by DRM or is objectively impossible.

17.2. Claims for damages for defects in the vehicle existing before conclusion of the contract for which DRM is not responsible are excluded.

18. Limitation of Liability

The liability of DRM is limited to intent and gross negligence, insofar as primary contractual obligations are not concerned. This limitation of liability does not apply in cases of strict liability (liability irrespective of fault) or to the liability of DRM, its legal representatives and its vicarious agents for injury to body and health and for loss of life.

19. Exclusion Period, Limitation Period

19.1. The renter must notify claims arising from the rental not being provided in accordance with the contract in writing at our registered office within one month after the contractually scheduled return of the vehicle. After expiry of this period, claims can only be asserted if the failure to meet the deadline was through no fault of the renter. The period does not begin earlier than the point in time at which the customer becomes aware of the circumstances giving rise to the claims against DRM.

19.2. Claims of the customer against DRM arising from the rental contract, on whatever legal grounds - but with the exception of claims of the customer in tort - become time-barred after one year.

19.3. The limitation period begins at the end of the year in which the claim arose and in which the customer became aware, or would have become aware without gross negligence, of the circumstances giving rise to the claim and of DRM as the debtor.

19.4. If negotiations are pending between the customer and DRM regarding asserted claims or the circumstances giving rise to the claim, the limitation period is suspended until the customer or DRM refuses to continue the negotiations. The aforementioned limitation period of one year shall end no earlier than 3 months after the end of the suspension.

20. Storage and Disclosure of Personal Data

20.1. The renter agrees that DRM may store their personal data.

20.2. DRM may pass on this data via the central warning network to third parties who have a legitimate interest if the information provided at the time of rental is incorrect in material respects, or if the rented vehicle is not returned within 24 hours after expiry of the rental period (as extended, if applicable), or if rental claims have to be asserted in court payment-order proceedings. In addition, the data may be forwarded to all authorities responsible for the prosecution of administrative and criminal offences in the event that the renter has actually acted dishonestly or there are sufficient indications of this.

21. GPS Tracking of the Vehicles

DRM vehicles may be equipped with a GPS tracking system.

22. Choice of Law and Place of Jurisdiction

22.1. The contractual relationship between the customer and DRM is governed exclusively by German law. This applies to the entire legal relationship. This also applies to disputes and claims against the customer’s fellow travellers.

22.2. Insofar as, in the case of actions brought by the customer against DRM abroad, German law is not applied to the liability of DRM on the merits, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the nature, scope and amount of the customer’s claims.

22.3. The customer may only sue DRM at its registered office.

22.4. For actions brought by DRM against the customer, the customer’s place of residence is decisive. For actions against customers or contractual partners of the rental contract who are merchants, legal entities under public or private law, or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is not known at the time the action is filed, the registered office of DRM is agreed as the place of jurisdiction.

22.5. The above provisions do not apply

• a) if and insofar as provisions of international agreements applicable to the rental contract between the customer and DRM that cannot be waived by contract provide otherwise in favour of the customer, or
• b) if and insofar as non-waivable provisions applicable to the rental contract in the EU member state to which the customer belongs are more favourable to the customer than the following provisions or the corresponding German regulations.

Deutsche Reisemobil GmbH, as of: August 2024