General Terms & Conditions by CamperOasis.com
Valid for all bookings from July 1st, 2018
Please read the following general terms and conditions of placement, which regulate the contractual relationship between you and us, CamperOase GmbH & Co KG (hereinafter: CamperOasis).
1.1 These general terms and conditions apply to the mediation of individual tourist services by CamperOasis. CamperOasis operates as a travel placement agency for services such as the rental of motor vehicles, ferry crossings or individual accommodations. Only the offers of rental vehicle providers, camper and motorhome rental companies („rental vehicle providers“), ferry companies or hotels / hostels ("other providers") are presented, which are conveyed to the customer.
1.2 The regulations on business management (§ 675 ff. BGB) apply to the contractual relationship between CamperOasis as an agent and the customer. CamperOasis does not provide the services chosen by the customer itself, but rather acts as a mediator for the providers named in the offers. Contracts for the services booked are concluded exclusively between the customer and the providers. CamperOasis has no influence on the conditions under which the respective services are carried out by the provider. In this regard, reference is made to the corresponding general terms and conditions of the providers. These may include provisions regarding payment, cancellation and liability. CamperOasis and the customer only have one agency contract. The scope of the respective services results from the booking confirmation. The implementation or rendering of the services themselves is not one of CamperOasis contractual obligations.
1.3 All bookings on our website are reserved for private individuals who have reached the age of 18. Furthermore, CamperOasis does not act as a mediator to businesses forasmuch as. § 14 BGB.
1.4 CamperOasis will forward special requests from the customer, but does not guarantee that the special request will be met. Confirmed special requests result from the booking confirmation.
2. Booking and Conclusion of Contract
2.1 By registering with CamperOasis, the customer basically offers the respective provider the conclusion of a contract on the basis of the specific offer and CamperOasis the conclusion of a mediator contract, including these general mediation conditions. It is recommended to make the booking electronically via the Internet or by email.
2.2 When booking electronically, the customer receives an acknowledgment of receipt immediately after clicking the booking button. This does not yet constitute a contract with the rental vehicle provider or other provider, but initially only confirms that the request has been sent to the rental vehicle provider or other provider and is being processed. The completion of the booking process also represents an offer to the rental vehicle provider or other provider for the conclusion of a contract. The contract is only concluded with the acceptance of the request by the rental vehicle provider or other provider. CamperOasis will then inform the customer on behalf of the rental vehicle provider or other provider about the acceptance and the conclusion of the contract with the booking confirmation on permanent data carrier (i.e. by email).
2.3 The registration is carried out by the applicant for all persons listed in the registration for whose contractual obligations the applicant is liable as well as for his own obligations, provided that he has assumed this obligation by means of an explicit, separate declaration.
2.4 The customer is obliged to immediately check that the booking confirmation sent to him is correct and to notify the rental vehicle provider or other provider with whom the booking was made of any inaccuracies and deviations.
2.5 If the booking confirmation and / or a voucher cannot be presented when collecting the rental vehicle and / or receiving the service or other service, the service (rental vehicle or other service) can be refused by the provider. The customer is obliged to provide a functioning e-mail address when booking, which he also regularly checks (including the SPAM folder). When booking accommodation, the travel documents, when booking a ferry, the booking confirmation and the voucher must be carried and presented on site.
2.6 There is no statutory right of withdrawal for tourist services.
3. Payment, Collection and Processing
3.1 The total price of the booking is due in accordance with the payment terms of the respective provider. These vary depending on the provider and can require a down payment and final payment, about which the customer is being informed by means of the booking confirmation.
3.2 Payments are generally made to CamperOasis, which is authorized to receive money for the respective rental vehicle provider or other provider. In this respect, CamperOasis is entitled to collect payments for the respective rental vehicle provider for all booked or canceled services, if applicable not only out of court, but also in court.
3.3 If due payments are not made or not made in full even after a reminder and a reasonable deadline, CamperOasis and the respective rental vehicle provider or other provider can withdraw from the contract and invalidate all documents, tickets or vouchers issued or refuse to provide such documents to the customer. The cancellation conditions of the respective rental vehicle provider or other provider, if effectively included, regulate further details.
3.4 If the payment method „credit card“ is selected when booking, the disclosure of the credit card data includes the consent to the collection of the due amounts and the debit authorization for the credit card account. If CamperOasis has expressly accepted this payment method in the booking confirmation, a payment by the customer is considered provisional until it is determined that the amount collected by CamperOasis from the customer's credit card account is not fully or partially debited or its repayment is otherwise claimed. If there is a chargeback for reasons for which the customer is responsible and if a payment is not redeemed in time, the customer is in default and the rental vehicle provider / other provider is entitled to invoice any damage incurred as damage caused by delay.
4. Warranty, Liability, Limitation
4.1 CamperOasis commits to properly transmit the contract between the customer and the rental vehicle provider or other provider selected by the customer and transmits the customer's contract offer. CamperOasis assumes no liability for the conclusion of a contract with the brokered rental vehicle provider or other provider that corresponds to the customer's booking request. The decision regarding the acceptance of the contract offer rests solely with the rental vehicle provider or other provider. CamperOasis is also not liable for the proper execution of the brokered contract and the booked service. In this regard, reference is made to the corresponding general terms and conditions of the respective rental vehicle provider or other provider. Special rules and restrictions may apply to the services selected by the customer.
4.2 When it comes to information on rental vehicles and rental contracts, as well as other services offered by providers, CamperOasis relies on information that the rental vehicle providers or other providers transmit to CamperOasis. CamperOasis assumes this information, which in this respect does not represent its own assurances of certain properties of the mediated services, for which CamperOasis should be responsible. The rental vehicle provider or other provider whom the customer must contact directly with any warranty or liability claims is solely responsible for the mediated services.
4.3 CamperOasis is liable as an agent for individual services for intent or gross negligence. In the event of slight negligence, CamperOasis is only liable if an essential contractual obligation (cardinal obligation) is violated. In the case of slightly negligent breach of contractual obligations, the claim for damages against CamperOasis is always limited to the contract-typical damage that was foreseeable as a possible consequence when the contract was concluded. This also applies to slightly negligent breaches of duty by the legal representatives and vicarious agents of CamperOasis. All of the aforementioned limitations of liability do not apply to compensation for damage due to injury to life, limb or health.
4.4 Claims of the customer against CamperOasis from the agency contract expire after one year from the end of the year in which the claim arose and the customer became aware of the circumstances underlying the claim or should have obtained it without gross negligence, unless the claims are based on an injury to life, limb or health or on an intentional or grossly negligent breach of duty by CamperOasis.
5. Cancellation by The Customer, Cancellation Fees, Rebooking
5.1 The customer can withdraw at any time before the start of the contract and must declare the withdrawal to CamperOasis as the recipient of the declaration for the rental vehicle provider or other provider. In the event of cancellations of rental vehicle bookings or the booking of other services, the respective provisions of the rental vehicle provider or the other provider apply, provided that these are effectively included when the contract is concluded. The letter of resignation / cancellation must be received by CamperOasis as the recipient of the rental vehicle provider or other provider. CamperOasis points out that according to the cancellation conditions of some providers (e.g. ferry) no refunds are made and in particular no refunds may be possible in case the customer is either a no-show or at last has not picked up the rented vehicle. If the customer withdraws, CamperOasis is entitled to charge a cancellation fee equal to the amount of the down payment that was made. The customer is at liberty to prove that no damage has occurred in any way or not in the amount of the lump sums specified by CamperOasis or the provider.
5.2 Rebooking and booking changes are possible if the contractual terms of the provider allows them. The decisive factor is the receipt of the customer's declaration of withdrawal from the provider. It is recommended to explain this in writing or electronically (by email) and putting CamperOasis in copy.
6. Customer Obligations
6.1 The customer must immediately notify the provider about any complaints that arise concerning the equivalent provider and that occur during the stay. The provider must be given the opportunity to resolve a defect and / or to find a remedy for the situation.
6.2 When using tourist services, the customer has to adapt his behavior in such a way that he does not impair, endanger or harm others. The road traffic regulations of the according travel destination are to be adhered to. A traffic accident must be reported to the police and immediately reported to the provider. The customer must ensure that a protocol is drawn up by the police.
7. Data Protection
The personal data that the customer provides to CamperOasis are processed, stored and used electronically forasmuch as this is necessary for the fulfillment of the contract with the customer and customer support. CamperOasis complies with the provisions of the Federal Data Protection Act and the GDPR when collecting, processing and using personal data. The data will only be passed on to authorized third parties within the scope of the admissibility according to the standards mentioned, such as the rental vehicle providers / other providers who need the data to carry out the respective contract. The customer has the option to call up the data stored at CamperOasis at any time to request information about it, to change it or to delete it. The personal data will be deleted if the customer revokes their consent to storage, if the data is no longer required for CamperOasis to fulfill the purpose for which it was stored, or if its storage is legally prohibited. The customer has all rights resulting from the data protection declaration according to Art. 15 to 20, 77 GDPR. If your personal data based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 (f) GDPR is processed, you have the right in accordance with Art. 21 GDPR to object to the processing of your personal data, provided there are reasons for this that arise from your particular situation. You can make use of your right of objection by emailing to email@example.com or contacting us at the address below.By sending a message to firstname.lastname@example.org , the customer can object to the use or processing of their data for advertising, market or opinion research purposes. Details on data protection can be found in the data protection declaration of CamperOasis on this website, to which express reference is made, as well as in the data protection notice that is to be read and agreed to when booking.
8. Copyright and Usage Rights
All text and images published within the scope of this website are subject to copyright protection. The customer does not acquire any usage rights. This applies above all to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. The content and rights of third parties are identified as such. The unauthorized copying of the website content or the entire website is not permitted and punishable. Only the production of copies and downloads for personal, private and non-commercial use is permitted, provided the source is specified.
9. Severability Clause, Applicable Law, Place of Jurisdiction, Information
9.1 The ineffectiveness of individual provisions of the agency contract does not result in the ineffectiveness of the entire contract. The ineffectiveness of the brokered contract does not affect the effectiveness of the brokerage contract and vice versa. Only German law applies to the agency contract.
9.2 If the customer is a merchant or a legal person under private or public law or a person who is domiciled or habitually resident abroad, or whose domicile or habitual residence is not known at the time the complaint is filed, the place of jurisdiction shall be agreed to be the registered office of CamperOasis.
9.3 Notes: Online dispute resolution acc. Art. 14 para. 1 ODR: The European Commission provides a platform for online dispute resolution (OS) for the extrajudicial settlement of consumer disputes for contracts concluded in electronic legal transactions, which the customer can access via https://ec.europa.eu/consumers/odr/. Dispute settlement proceedings in front of a consumer arbitration board: CamperOase does not participate in any dispute settlement proceedings in front of a consumer arbitration board and is not legally obliged to do so.
CamperOase GmbH & Co. KG
Registered holder: Kolja Christian Chromow
Telefon: 0049 7181 97 69 580
District Court Stuttgart,
Commercial register number: HRA 735228
Principle features of service: agency for individual services (such as hotel accommodation, rental car, ferry).
Travel agent liability insurance: Generali Versicherung AG
Scope of insurance: worldwide
German law applies to the contract: see 9.1