1. Terms used
GTCB: General terms and conditions of business and rental of MyCamper AG
Camper: includes motor homes, camper vans, camping buses, caravans, trailer tents and roof tents which are offered for rent via the MyCamper website
Renter: person who rents a camper via the MyCamper website or is interested in renting a camper via the MyCamper website
User: includes both the lender and the renter
Lender: owner of a camper who makes this available for rent via the MyCamper website
For reasons of readability and comprehensibility, the masculine form is used, but all genders are addressed.
- MyCamper AG, headquartered in Basel (hereinafter referred to as “MyCamper”), provides services for users via the website https://www.mycamper.ch (hereinafter referred to as “platform”). The users have the option of concluding rental contracts via the platform (hereinafter referred to as “rental contract”). MyCamper itself is not a party to these rental contracts.
- The following documents are, however, integral part of the rental contract: (i) the handover report, (ii) these GTCBs (iii) the details in the camper profile (iv) the terms and conditions of insurance of the camper and Baloise, should the camper be insured using the MyCamper-Baloise solution (hereinafter referred to as “MyCamper-Baloise insurance”).
- By clicking the field “I have read the GTCBs and data protection provisions and agree to these”, the user is declaring his or her agreement to the GTCBs and the data protection provisions and the contractual relationship between MyCamper and the user will come into existence (hereinafter referred to as “contractual relationship”). The user does not have a claim to the conclusion of a contractual relationship with MyCamper. In case of contradictions between different contractual documents of MyCamper and the user, the documents in the order listed below shall have priority: 1. contracts signed individually by both parties; 2. these GTCBs; 3. deviating terms and conditions of the user.
- All information which is provided by MyCamper outside of the contractual relationship, namely on the platform, is not binding and subject to confirmation and is merely intended as an invitation to make an offer, unless expressly stated otherwise by MyCamper.
3. Registration of the user
- In order to rent or rent out a camper, each user needs to register on the platform in order to be able to fully use the services.
- All users must fulfill the following criteria for the registration:
- be natural or legal person with legal capacity; in case of legal persons, at least one natural person with power of representation must be stated;
- self-declaration and payment of all taxes, fees and duties in connection with the use of the services of MyCamper and/or the platform, and
- the registration of married couples, families or friends is possible. However, they must always indicate a natural person as joint representative (contact person), who acts as a contracting party.
- In addition, the renter must fulfil the following requirements:
- be in possession of a valid driving licence approved in Switzerland (provisional licence will not suffice). In case the driving licence is confiscated or lost, it will no longer be possible to use the services provided by MyCamper, in particular, the renting of campers;
- be capable of making payment, i.e. in the position of being able to pay all of the rental costs;
- hold an account with a bank approved in Switzerland or another payment method, such as a credit card, TWINT, etc. which allows any refunds; and
- take out sufficient insurance for each rental.
- The user hereby provides MyCamper with an undertaking that the data provided by him or her during the registration is truthful and complete and is obliged to provide immediate notification of any changes to MyCamper in writing. No pseudonyms or nicknames may be used. In case of the provision of false information, it may be the case, in particular, that the insurance coverage cannot be guaranteed.
- The user may only register once. The user agrees that all activities carried out on the platform under his or her access data will be assigned to him or her as if they were his or her own. Should the access data of the user be misused by third parties, he or she will incur liability as if the actions were his or her own.
- MyCamper provides its users with the option of communicating with each other and concluding rental contracts via the platform. MyCamper does not generally offer its own campers for rent, rather it merely brokers contracts between the users. MyCamper can also display campers on the platform for test/advertising purposes.
- In this respect, the user hereby grants MyCamper a free-of-charge, non-revocable right of use which is unlimited in terms of content, location and time which is capable of being sub-licensed in relation to the contents placed on the platform by the user (hereinafter referred to as “user content”). The term "user content" within the meaning of this clause 2 excludes profile pictures of the user. MyCamper may also use the user content (with the exception of the photos of the user), even in amended form, for advertising or promotional purposes. The right of use continues to apply indefinitely following termination of the contractual relationship.
- The user hereby guarantees to MyCamper that: (i) he or she possesses all rights in relation to the user content - for the purposes of this clause 3, the term "user content" shall also include the user's profile pictures, (ii) he or she holds all necessary licences, rights and permits to publish the user content, should the user content be subject to third party ownership rights; (iii) the user content is not confidential, insulting, defamatory, obscene, pornographic, indecent, threatening and does not cause a nuisance; (iv) the user content does not impair the interests of MyCamper or damage its reputation, and (v) he or she will fully comply with the applicable laws.
- MyCamper is entitled to terminate the contractual relationship with a user at any time (without giving reasons) and to alter or suspend the services offered at any time in accordance with item 13 below. In addition, MyCamper can issue a rejection at any time without giving reasons and delete relevant entries at any time.
5. Rental relationship
5.1 Conclusion of the rental contract; booking process
- Lenders and renters do not have a claim to conclusion of a rental contract.
- The rights and obligations under the rental contracts exist exclusively between the renters and the lenders. The renter and lender are solely responsible for fulfilment of the obligations under the rental contracts. All responsibility and liability on the part of MyCamper in this respect is expressly and comprehensively excluded.
- There will be different booking methods on the platform, whereby the lender can choose which booking method will be used when setting up the camper on the platform: the lender decides whether he wishes to offer his camper on the platform on a binding basis (without his further consent) or on a conditional basis (with his further consent). If the lender offers his camper for rental to third parties to his further consent, the booking request of the renter to the lender constitutes a binding request to the lender, so that after the acceptance of the booking request by the lender the booking becomes binding(hereinafter referred to as "booking completion" or "conclusion of the contract"). If the lender offers his camper for binding rental (without his further consent) to third parties, a renter can make a binding online booking directly for the camper offered by the lender on the platform, or the booking conclusion/contract conclusion comes about through the renter’s booking. MyCamper reserves the right to offer additional booking methods in the future, in addition to the two previous booking methods. We recommend our users to inform themselves about the terms of the booking conclusion. All information on this can be found in the camper profile on the platform.
- In all cases, all bookings which are carried out on the platform are binding on booking completion for the renter and the lender (see item 7 in relation to contractual adjustments, rescission and cancellation of the contract).
- Following completion of the booking, the renter has the option of paying the amount due either (i) directly online with the payment methods accepted on the platform at the time of booking or (ii) via advance payment (the invoice will be sent to the renter by email and is due for payment within 20 days).
- Once the full rental sum has been received by MyCamper, the renter and lender are informed of the conclusion of the rental contract by MyCamper by means of a booking confirmation email (including rental contract and handover report).
5.2 Terms and conditions of rental
- These terms and conditions of rental regulate the letting of a camper and are an integral part of each rental contract (see point 2.2 above). Generally, the lenders can define their own terms and conditions of rental on the platform, which can be seen in the respective camper profile. These lenders’s’ own terms and conditions of rental may not, however, conflict with the mandatory provisions below, may therefore not be agreed in derogation of the following provisions (for the precedence of these GTCBs see point 2.3 above):
- The rental sum including service charge must be paid by the renter to MyCamper in accordance with the information on the platform prior to collecting the camper. Should the rental sum including service charge not have been received by MyCamper on time, the renter remains in debt for the agreed rental amount incl. service fee and the camper may not be handed over to the renter by the lender until the rental amount has been paid in full. If the lender hands over the camper to the renter anyway, MyCamper is not obliged to transfer the lender’s share to the lender (see also point 8 on the payment procedure hereunder).
- The lender and renter are not permitted to carry out a rental business requested on the platform outside MyCamper.
- The rental duration is always calculated by the number of nights. The camper is normally handed over in the afternoon and returned in the morning. Lenders can offer an earlier handover or later return at a charge (early pickup und late dropoff). The minimum rental duration is stated in the camper profile. The duration of the rental contract may only be altered or adjusted via the platform. Should the rental duration be extended or should the rental sum be increased, MyCamper must be informed of such so that the insurance is extended to the corresponding date and is entitled to charge an additional service fee based on the difference between the original and final rental sum. In all cases, the adjustment must be set out in the rental contract in writing and be made via the platform.
- The rental contract is concluded for a specified period of time. Therefore, there is a fixed rental per night and season which is set by the lender. The different seasonal prices are set according to the camper profile.The insurance costs (fire and theft or comprehensive and third-party liability) are included in the rental price. There is no option to terminate or unilaterally rescind the rental contract.
- In case of vehicles which have a MyCamper-Baloise insurance solution, the insurance coverage takes effect at the agreed handover time and comes to an end following the agreed time of return. The insurance coverage is stated in the rental contract.
- Depending on the camper, the excess is between CHF 0 and 3,000 (see rental terms in the camper profile).
- For the handover of the camper, the renter must pay the lender a deposit which amounts to the excess under the insurance coverage as a minimum. The deposit must be paid to the lender by the renter directly at the time of handover of the vehicle or in advance according to the conditions specified in the camper profile (cash, bank transfer, TWINT, etc.). In case of multiple claims in relation to the vehicle, the lender is entitled to charge the sum of all of the excesses to the renter. If the camper is insured via the MyCamper-Baloise insurance solution, the excess will be charged to the renter by Baloise Insurances. The deposit must be returned to the renter once the damage cover has been confirmed. MyCamper is not responsible for the administration of deposits or any claims brought by the lender
- The deposit is regulated as follows:
- Campers which have the MyCamper-Baloise insurance solution: in the event of covered damage, the lender is obliged to refund the deposit in full to the renter once the damage cover has been confirmed by Baloise Insurances. Baloise Insurances will claim the insurance excess from the renter. In the case of uncovered damage, the lender may retain the deposit to this extent for a maximum of two months from the occurrence of damage until the camper has been repaired.
- Campers which are covered by the insurance of the lender: in case of covered as well as uncovered damage to the camper, the lender is allowed to retain the deposit to the extent of the damage for a maximum of two months from the occurrence of damage, as the deductible is claimed by the lender’s insurance from him. If the lender withholds the deposit, he/she is obliged towards MyCamper to immediately disclose all documents and insurance policies relevant for the verification of the damage or retention of the deposit.
- Handover and return locations, as well as mileage can be agreed between the parties. Without an agreement, the camper must be collected from and returned to the premises of the lender.
- When handing over the camper, the rental contract, including the handover contract, must be completed truthfully and legally sufficient by the renter and lender and signed. Should this not take place, the insurance coverage cannot be guaranteed. The renter and lender must carefully retain a copy of this document (digital form is sufficient). In addition, at the time of handover, the lender must instruct the renter in the use of the vehicle and make him or her aware of any important matters.
- Should the lender not hand over the camper at the agreed time or with defects/damage which exclude or significantly impair suitability for the intended use, the renter is obliged to inform MyCamper in writing within 24 hours (digital form is sufficient) and is not obliged to accept the camper and can rescind the contract. In such a case, the rental sum need not be paid and MyCamper will remit the relevant sum to the entitled persons in accordance with the information provided on the platform. All other claims of the renter against the lender, in particular, damage claims or substitute performance shall be excluded.
- Two working days at the latest following the start of the rental period, unless the renter has registered with MyCamper in writing in accordance with point 13 of the terms and conditions of rental hereinbefore, MyCamper will remit the lender’s share to the account of the lender, same applies in the event of cancellation. In exceptional cases, the remittance can take place prior to the start of the rental period.
- The lender is obliged to provide correct and truthful information to MyCamper and the renter concerning insurance for the camper when requested and to disclose the insurance documents. During the rental term, the lender must also respond to queries of the renter and/or MyCamper within a reasonable period of time.
- In case of vehicles which are covered by the MyCamper-Baloise insurance solution, the general terms and conditions of the insurance of Baloise Insurances shall always take precedence to deviate from any insurance conditions at any time.
- If the lender has handed over the camper to the renter at the beginning of the rental period in a proper condition suitable for the rental use,the lender cannot incur liability for losses or damage which are incurred by the renter or third parties due to a breakdown or accident or which arise in connection with the operation of the rental vehicle. MyCamper recommends a roadside assistance policy, should this not be included in the camper’s breakdown cover. In case that the rental vehicle becomes unavailable between the time of conclusion of the rental contract and the start of the rental period due to circumstances beyond the control of the lender, MyCamper will endeavour to provide a replacement vehicle. However, it is not obliged to do so. Should MyCamper be unable to do so, the lender has the right to rescind the contract, without any compensation which goes beyond refunding the full rental amount back. The renter cannot bring any form of claim in such a case.
- Bonus losses on the camper's vehicle insurance resulting from events that occur during the rental period are the responsibility of the lender. These can be covered with additional insurance in the vehicle registration process.
- If a breakdown occurs during the rental period through no fault of the renter, the lender is obliged to reimburse the renter pro rata for the rental period lost due to this breakdown. In principle, it is incumbent on the renter to provide corresponding evidence (photos, invoices, etc.) regarding the (un)fault of the breakdown. If both the renter and the lender provide corresponding evidence regarding (in)fault, so that it cannot be conclusively clarified between the hirenterrer and the lender what the breakdown is due to or who is at fault, a half refund for the renter is due for the corresponding rental period.
- The renter is liable for damages that occurred during the rental period, especially if the insurance company is entitled to reduce or refuse its services due to the renter's fault. The renter cannot be held liable for loss of rental income in future rentals of the camper and other consequential damages resulting from the damage but rentals. These cases can be found in the general insurance agreements. The total costs (damage and bonus loss) may exceed the excess stated in the camper profile in individual cases. In the event of damage, the lender may charge the renter a handling fee of max. CHF 150 for his personal expenses.
- The principle applies that the cost of camper parts which break down due to common use, wear and tear (engine, alternator) will be borne by the lender, and camper parts which break down due to a different use or incorrect behaviour on the part of the renter (improper use) will be borne by the renter. The used materials stated in the terms and conditions of rental of MyCamper are excluded from the above. If defects or damages occur to the camper during the rental period which preclude or significantly impair the suitability of the camper for normal use and/or the further rental of the camper, the renter must inform the lender and MyCamper of this in writing. If these defects or damages are not the result of misconduct on the part of the renter, but are due to wear and tear, the lender is obliged to reimburse the renter pro rata for the time lost.
- In the event of superficial damage of an aesthetic nature occurring during the rental term, the lender shall give preference to repair instead of replacement of the affected part. The cost of repair shall be borne by the renter. Superficial damage of an aesthetic nature may include, but is not limited to, the following: non-removable stains (oil, coffee, etc.) on fabrics such as mattresses, curtains or similar surfaces, scratches on any type of surface such as doors, partitions, cabinets, floors, etc., splinters on delicate surfaces such as sinks, sinks, showers, lamps, etc., scuffs on partitions, cabinets, doors, etc., small burn marks on tables, countertops, fabrics, floors, etc. If it is not possible to repair superficial damage of an aesthetic nature, the renter is obliged to compensate the lender. The parties shall agree on a reasonable compensation taking into account the extent of the damage and the original price of the damaged element. The renter can take out an additional interior insurance during the booking, which covers the damages in the interior according to the insurance conditions. In the event of discrepancies, disputes or claims between the renter and the lender, the requesting party must be able to provide corresponding evidence (photos, invoices, etc.) to MyCamper or to the other party.
- In serious cases or in case of defects/damage to the camper, MyCamper can engage an independent expert to record and assess the defects/damage final for the parties. The costs of the above shall be billed to the lender and renter at basically 50% each. If, after the expert's assessment, one party is found to be in the wrong, that party shall bear the costs of the expert or, if both parties are found to be partly in the wrong, the renter and the lender shall bear the costs of the expert in proportion to their prevailing/subject position. The defect/damage thus determined by the expert is binding for the renter as well as the lender.
- Should the renter return the camper early, should the agreed mileage not be used up or should the booked options not been used, this will not entitle the renter to a rent reduction.
- Should a maximum daily mileage be stated at the time of the rental enquiry by the renter, the lender can charge additional mileage at the rate of 80 centimes per additional kilometre travelled, if nothing else has been recorded in the camper profile.
- The handover and return of the camper takes place in a clean and roadworthy condition with a full tank of petrol, with filled coolant, water/fuel tank and oil level. In case of vehicles which have a toilet and waste disposal tank, these must be clean and empty when the camper is handed over. Any necessary cleaning at the time of return can be billed by the lender at a maximum rate of CHF 100 per hour. Any necessary subsequent cleaning must be recorded on the handover protocol and, if requested by the other party, must be supported by evidence. With normal soiling, the post-cleaning must not exceed CHF 300.
- The renter must return the camper to the lender on time at the agreed return time. In case of late return, the lender can charge the renter an additional CHF 50 per hour. At the time of return, the lender must inspect the camper and both parties must fill in and legally sufficient sign the handover report. Should hidden or unnoticed defects/damage which have been caused by the renter not be observed by the lender until after return of the camper, the lender has the right to charge the renter for the cost of repairs. The report of the lender must take place in writing (digital form is sufficient) and must be issued to the renter and MyCamper within 48 hours of return of the vehicle. Within this period, the lender must be able to provide evidence (photos, invoices, etc.) of the defects/damage in as much detail as possible. If no report is made within 48 hours after the return of the camper, the camper is considered to have been returned in good order.
- If the camper is properly returned, the deposit must be returned to the renter within 48h.
- Campers on the platform can be equipped with a GPS tracking system.
- If there is a defective condition or previous damage to the camper prior to an insured loss event, so that the lender gains added value through the repair of the insured loss, the vehicle owner must bear the correspondingly appropriate share of the costs of the repair himself (benefit offset). In the case of damage payments that have already been made (to the vehicle owner) but which have not been repaired, only the costs of the damage extension will be compensated in the event of a new damage to the same damage zone of the camper, or the payments already made will be deducted from the damage amount. The Vffs guidelines apply to this.
5.3 Obligations of the renter
- In addition to the above mandatory rental conditions, the renter is subject to the following mandatory obligations during the rental period, i.e. these cannot be prescribed in a deviating manner between the two parties:
- Renters must notify the lender of all drivers prior to the start of use of the vehicle and these must be listed in the rental contract.
- When the camper is started and the journey starts, the renter shall incur liability for all damage which is not recorded in the handover report.
- The vehicle and its equipment must be inspected by the renter within 24 hours of handover and any defects must be notified to the lender and MyCamper in writing within 24 hours (digital form is sufficient). Damages or rent reduction claims of the renter in case of defects which are notified after the above deadline shall be excluded.
- All consumption costs during the rental period (fuel, motorway charges, ferry connections etc) shall be borne by the renter, with the exception of the sticker for Swiss motorways.
- The renter must observe and comply with the road traffic regulations and other laws in connection with the rental at all times. The renter hereby expressly declares that he or she will pay all traffic fines during the rental period or fully compensate the lender for these. In such a case, MyCamper is entitled to disclose the details of the renter to the competent authorities if requested to do so.
- The renter shall handle the vehicle with care, in particular, by means of careful, considerate and environmentally friendly use, as well as defensive and anticipatory driving. In case of incorrect maintenance or improper use of the camper during the rental period, the renter shall bear full responsibility and the associated costs.
- Renters may not drive the camper to uninsured countries (see terms and conditions of the respective insurance).
- Renters must not drive the camper if under the influence of alcohol, medication or drugs or in other states which impair reaction times (for example tiredness or illness).
- In case of a breakdown of a camper covered by the MyCamper-Baloise insurance, proceed according to the information sheet "What to do in the event of a breakdown or claim”, which can be found on the platform in the booking details or was sent with the booking confirmation.. Should the roadside assistance already be included with the camper or should the renter be insured as a person, the renter is obliged to contact this breakdown service as quickly as possible. If the camper has no breakdown cover and the renter has not booked the breakdown service in the booking process, the renter must pay the costs in connection with the breakdown him or herself. In all cases, the lender must be informed immediately in case of a breakdown.
- The renter is obliged to notify the lender immediately in the event of a breakdown or accident, to complete the European Accident Report and, if necessary, to notify the local police if an accident/damage to the camper occurs, for example due to an accident or theft during the rental period. In case of a damage or accident of a camper covered by the MyCamper-Baloise insurance, proceed according to the information sheet "What to do in the event of a breakdown or claim”, which can be found on the platform in the booking details or was sent with the booking confirmation. In all other cases, the renter must notify the lender and his vehicle insurance immediately.
- The renter is obliged to observe the technical regulations and the operating instructions of the camper, in particular, regularly checking oil and water levels and tyre pressure, as well as used materials. The cost of used materials during the rental period (engine oil, camping gas, windscreen wiper liquid etc.) shall be borne by the renter. In the event of a flat tyre which is not more than 5 years old, the renter shall be responsible to the lender for its replacement or the resulting costs, irrespective of the renter’s fault. The cost of the second tyre on the same axle shall be divided equally between the renter and the lender. If the bursting of the tyre is due to an accident event related to the renter's driving, the renter is responsible.
- The renter must keep the vehicle clean during the entire rental period.
- The renter must not hold animals in the camper and must not smoke (unless expressly permitted by the lender in advance).
- The renter must secure the camper against theft (windows and doors must be closed when leaving the camper and must be properly secured).
- The renter must use the camper him or herself in the course of the rental contract and must not hand it over to third parties (except authorised additional drivers) or must not sublet it.
- The renter must not load the camper with objects which overload capacity, impair safety or damage the camper. The renter must be aware of the maximum load weight and is responsible for any damage and fines may be held liable if this is exceeded.
- The renter must not use the camper for any type of race, motor sport events or similar and must not use it on race tracks, training pitches, circuits or in competitions.
- The renter must not observe the additional exclusions under the general terms and conditions of insurance.
- The renter must not use the camper as a taxi in order to carry or move other vehicles, must not transport hazardous goods, must not use the camper for demonstrations or to carry advertisements.
- The renter must not carry out any optical or technical alterations to the camper or unilaterally carry out repairs. Should repairs become necessary in order to ensure the operational security and roadworthiness of the vehicle, these may only be engaged by the renter from a professional company with the advance agreement of the lender. Unless fault is present on the part of the renter, the costs of repairs will be refunded by the lender following provision of the original receipts.
- The renter must not release the vehicle or gift it to other persons.
- The rental agreement and the handover protocol must be signed by the renter and the lender legally sufficient on handover and return.
- If the rental conditions of the vehicle (ID category, minimum age, etc.) are not met by the renter, the renter is not entitled to a refund of the rental fee. No false information may be given and the itinerary may not pass through countries not covered by the insurance.
- The interior cleaning is the responsibility of the renter.
5.4 Obligations of the lender
- In addition to the above mandatory rental conditions, the lender is subject to the following mandatory obligations during the rental period and these therefore cannot be prescribed in any manner other than as regulated:
- The camper must fulfil the following requirements in a cumulative manner: (i) valid motor vehicle inspection, no technical defects, roadworthy and safe; (ii) the handover of the camper to third parties must not be restricted or prohibited by law or contract (in case of leased campers, the leasing terms and conditions must be consulted); (iii) standard licence plates (no garage numbers etc); (iv) should the vehicle not be insured through the MyCamper-Baloise insurance solution, the camper must be defined as a rental vehicle in the motor vehicle insurance policy and (v) the maintenance and service are carried out at the intervals recommended by the manufacturer and (vi) the name in the vehicle registration document must match the profile name.
- Every lender is responsible for ensuring that his data and details from the driver's licence are correctly stored in the camper profile on the platform at all times and undertakes to MyCamper to adapt any changes promptly.
- In relation to the camper to be rented and for the performance of the rental transaction, the lender must also comply with the following: (i) the lender hereby guarantees that the rental transaction and the camper to be rented fulfil all insurance, registration and equipment requirements and comply with the provisions of commercial and tax laws; (ii) the lender must provide a guarantee concerning the camping equipment of the camper to be rented, which were stated in the camper profile on the MyCamper platform; (iii) the camper must be handed over in a roadworthy and safe state with the agreed characteristics and (iv) the camper must be checked for roadworthiness and the functionality of the equipment must both be checked before the start of the rental period.
- The lender is obliged to check the condition of the tyres of his camper before the start of the rental period. It is necessary to change the tyres every five years. If a flat tyre occurs in the rented camper on a vehicle with tyres older than 5 years, the lender is responsible for any direct damage associated with this (see obligations of the lender point 12 above).
- The lender should answer rental enquiries as quickly as possible, ideally within 24 hours.
- When handing over and returning the camper, all relevant and legally required documents (vehicle registration document, insurance certificate etc.) must be in the camper.
- The lender must always keep his camper profile up to date, in particular his own use. MyCamper is not liable for the information provided by the lender in the camper profile.
- If a lender withdraws from the rental agreement, which is only permitted for good cause, the lender shall owe MyCamper the entire service fee and shall be obliged to provide MyCamper with proof (photos, invoices, confirmation of the garage, etc.). If the lender can provide evidence that the important reason, e.g. a defect in the camper, is not his fault, MyCamper will not demand the service fee.
- The lender has the duty to check the driver's licence and ID of the renter at the time of handover.
- Exterior cleaning is the responsibility of the lender.
- The principle of proportionality applies to subsequent cleaning or repairs. In the case of repairs, the age and condition must be taken into account.
- MyCamper does not provide any guarantee and excludes, to the fullest extent permitted by law, any liability for that the users of the platform will fulfil the contractual obligations which they owe each other or that they are a position to do so and that the information provided by them, including identity, is correct and complete. Should MyCamper be involved in a legal dispute (also prior to proceedings) in connection with a rental contract, the lender and renter irrespective of the legal basis of the dispute and the party constellation shall incur joint and several liability for the costs which are incurred by MyCamper in such a case (incl. proportionate court and lawyer's fees).
6. Payment process
- The rental contract is always concluded in accordance with the rental sum listed on the platform. This regulation cannot be altered by the parties to the rental contract. The rental sum includes the lender’s share, the MyCamper service charge and the insurance premium.In addition, additional chargeable options can be selected during the booking process, such as additional accessories or additional insurance, such as roadside assistance, interior coverage, cancellation insurance, coverage of omission of deductible/bonus protection and baggage insurance.
- The rental amount is payable within 20 days since conclusion of the contract. If the contract is concluded less than 20 days before the start of the rental period, the amount is due at the latest one day before handover of the camper.
- The rental sum always includes value added tax, should this be payable and unless otherwise stated on the platform.
- The service fee is always exclusive of VAT.
- Instalment payments are possible, provided they have been individually agreed between the renter and the lender when the contract was concluded via the platform.
- The rental amount to be paid as well as the payment options and other payment modalities are regulated on the platform.
- The renter is obliged to ensure that the credit card and other payment methods with which he or she makes payments in accordance with these GTCBs are valid and contain sufficient funds.
- The renter must pay the rental sum to MyCamper in the manner stated on the platform in time. Subject to a permissible contractual annulment in accordance with point 10 payment process hereunder, MyCamper is engaged by the lender (service provider) to collect the rent claim from the renter (service recipient). The respective lender issues the collection order to MyCamper by paying a service charge prior to placing the rental object on the platform and supports MyCamper as far as possible and to the best of his or her ability in the collection of the rental claim (among other things, by quickly providing documents and information, participating in negotiations if necessary, etc.). Until payment of the rental amount by the renter, MyCamper is not obliged to pay the lender his lender’s share (see also point 2 of terms and conditions of rental hereinbefore). In case of a collection, MyCamper does not assume the role of lender in relation to the renter. In such a case, MyCamper administers the rental sum paid by the renter in the name of the lender and holds this for the lender in a bank account.
- The renter must compensate MyCamper for all costs (incl. reasonable court and lawyer fees) which are incurred by it due to the renter failing to pay the total sum owed on time due to point 8 (payment process) above. MyCamper is entitled to the service charge in consideration of the provision of its services in connection with the contractual relationship.
- The lender may unilaterally withdraw from the contract if the renter has not met the payment deadline. The camper is thereby released again.
- Should an objection be raised on time and in the correct form as stated above, MyCamper is entitled to continue to retain the disputed rental sum in trust until it has the agreement of the renter to remit the rental sum, MyCamper has been issued with a legally valid decision by the supervisory authority or MyCamper comes to the conclusion in good faith that the objection of the renter was not justified.
- All claims for damages on the part of the renter against MyCamper that plead that MyCamper was not entitled to remit the rent to the lender despite an objection on the part of the renter shall be excluded.
- The user is prohibited from bypassing the provisions of this number 9 above, in particular, the service charges.
7. Contractual adjustment, rescission and contractual annulment
- A booking which is carried out on the platform is binding on completion. Should a user wish to subsequently alter or cancel the booking, he or she can request this directly via platform. The respective other user is not obliged to agree to the alteration request. These will only be processed if confirmed by both users. The users are obliged to immediately inform MyCamper of all alterations or change it directly over the platform.
- It is not possible to unilaterally rescind the rental contract neither the renter nor the lender unless an annulment is expressly provided for in these GTCBs. The users must agree under the rental contract that rescission is only possible for both parties for an important reason (e.g. accident/illness, technical damage on the vehicle). The important reason which gives rise to the rescission must be explained to the respective recipient in writing or by email, and to MyCamper by emailing the following address: [email protected] Should the users rescind the contract for important reasons, there will be no entitlement for repayment of the service charge by MyCamper, as MyCamper has provided its brokerage service in full respectively is to be borne by the lender if he withdraws without proof.
- The renter has the right to withdraw from the rental agreement extraordinary if the basic use of the camper (e.g. water system or refrigerator is defective) and the camping experience are substantially limited. If this is not the case (e.g. scratches and dents), the renter cannot unilaterally withdraw from the rental contract. If defects/damage occur during the rental period that preclude or significantly impair the suitability of the camper for the intended use and/or its further rental, the renter must inform the lender and MyCamper of this in writing (digital form is sufficient).
- The question as to how much of the rental price is owed is determined by the rental contract and the statutory regulations. The camper profile specifies which cancellation fees will be claimed by the lender in the event of annulment from the contract by the renter before the agreed start of the rental period, whether or not the renter is at fault. In the event of cancellation, the service fee and VAT must be paid to MyCamper. We would advise the renter to take out cancellation insurance, which can be purchased during the booking process.
- Cases of force majeure, such as strikes, riots, civil commotion, riots, terrorist acts, natural disasters, fires, pandemics, epidemics, etc., which are beyond the reasonable control of the parties and which occur after the conclusion of the contract in accordance with point 5.3 Rental relationship hereinbefore or which did not yet exist at the time of the conclusion of the contract, shall release both the renter and the lender for the duration of the disruption and to the extent of its effect (on the planned trip) from their obligations to provide services in accordance with the rental contract and these GTCBs. In this case, the parties shall provide the other party with the necessary information without delay within the bounds of what is reasonable. However, both parties shall resume their respective services under the rental agreement and these GTCBs immediately after the event has ceased. If a case of force majeure lasts for more than 3 consecutive months, both the lender and the renter may terminate the rental contract for good cause. In this case, the lender’s share shall not be due.
- If the lender is able to rent out the camper to another renter via the platform in the event of an annulment of the rental agreement permitted under these GTCBs, the lender shall be obliged to return to the renter of the terminated rental agreement the rental amount already paid to the extent that it receives the rental amount from the new renter for the same rental period (no double-dip).
8. Rating system
- Each user can rate other users on the platform.
- The user is obliged to make truthful statements when rating other users. Untrue, insulting or other unlawful or unreasonable comments are prohibited.
- Use of the rating system, which is not in accordance with its purposes, is not permitted. In particular, this includes entries which take place by persons who are connected to each other or who do not exist, as well as self-ratings.
- The ratings are not checked by MyCamper. MyCamper cannot assume any responsibility for the correctness or reasonableness of the ratings. MyCamper reserves the right to delete ratings or comments without the giving of reasons.
- Otherwise, the information on the platform concerning the ratings system of MyCamper applies.
9. Prohibition of circumvention; sanctions
- The users are obliged to comply with these GTCBs, as well as the brokerage and commission structure of MyCamper. A prohibited circumvention of the brokerage and commission structure exists, in particular, if users who became aware of an offer on the platform contact each other directly and/or exchange their contact details via the communication channels of the user account at MyCamper. Users are obliged to immediately report such activities on the part of other users to MyCamper. In addition, all users are expressly forbidden to terminate a contract concluded via the platform in order to then conclude it outside of the platform. In case of circumvention, MyCamper is entitled to take sanctions as set out in the paragraph below. In addition, MyCamper may charge the respective user a contractual penalty in the sum of CHF 5000 per case of circumvention. The claiming of additional damages or the bringing of other legal claims by MyCamper remain expressly reserved.
- Should there be indicators that the user has breached legal regulations, third-party rights (including those of other users) or provisions of the contractual relationship between MyCamper and the user or that a user has received repeated negative evaluations in the ratings system, MyCamper is free to exercise its discretion in taking the following measures: (i) issue a warning to the user; (ii) delete individual entries; (iii) temporarily block the user or a rental contract; (iv)) terminate a lease relationship; (v) permanent blocking of the user or deletion of his or her registration and termination of the contractual relationship with the user without notice. The claiming of additional damages or the bringing of other legal claims by MyCamper remain reserved.
10. Protection of copyright and trademark rights
The user is aware that all elements on the MyCamper platform, such as texts, pictures or sound signals are protected by copyright and/or trademark rights and may only be downloaded for private use. In particular, these elements may not be distributed, copied, sent, altered or otherwise used by the user for commercial purposes.
11. Limit of liability and exclusion of warranty
- The liability of MyCamper to the user in connection with the contractual relationship, the rental contract or the platform is excluded where permitted by law. In particular, MyCamper does not incur liability for its aids. In addition, all liability for losses connected directly or indirectly to the contractual relationship is excluded, regardless of the legal reason for which the claim is brought.
- The liability of MyCamper to the user for all services which are not carried out by MyCamper itself, rather by a contracting partner of MyCamper, is as far as legally permissible excluded.
- MyCamper endeavours to make the platform constantly available, taking maintenance work and downtime for updates into account. However, MyCamper does not guarantee that the services will be available at all times without interruption in a timely, secure and defect-free manner.
- MyCamper shall not provide the user with any warranty in connection with the platform, rental contract and contractual relationship and excludes the statutory warranty which would otherwise exist. The area of applicability of this warranty exclusion which is to be considered comprehensive is not restricted by the specific provisions below.
- The platform can contain links to third-party websites over whose content MyCamper has no influence. MyCamper does not provide any guarantee in relation to this external content either.
- MyCamper verifies the identity of the lender on the basis of the vehicle papers, but does not guarantee that a change will be made after examination. The identity of the renter is gathered by means of the entry field (name, address, telephone number, email address etc). An identity check can be carried out by a third party. MyCamper cannot guarantee that a user will disclose his or her actual identity. Therefore, each user must satisfy himself or herself of the identity of another user.
The user shall release MyCamper from all claims which are brought against MyCamper by third parties (including other users) and which are due to the user having breached provisions of the contractual relationship. The user shall assume all costs incurred by MyCamper due to such a breach of provisions of the contractual relationship, including the costs for the legal defence (also prior to proceedings). Any further claims and damage claims of MyCamper shall remain unaffected.
13. Termination and alteration of the contractual relationship
- The contractual relationship shall take effect in accordance with item 2.3 above and is hereby being concluded indefinitely.
- The contractual relationship can be terminated by both parties immediately. Termination must take place in writing (digital form is sufficient). However, in case of the user, termination is subject to no current or future rental contracts existing. Details can be found on the platform.
- Termination or other dissolution of the contractual relationship has the following effects in particular: (i) the user may no longer use the platform; (ii) the user enters immediate default in relation to all remaining sums to MyCamper; (iii) the services to be provided to the user by MyCamper will be immediately suspended; (iv) in case of disputes between the user and another user, MyCamper is entitled to continue to proceed in accordance with the provisions of the contractual relationship; (v) any payments which have already been made to MyCamper by the user will not be refunded. The platform contains additional guidelines.
- Changes to the provisions of the contractual relationship, the services of MyCamper and processing or other fees can be carried out by MyCamper at any time entirely at its discretion. These will be displayed to the user on the platform prior to taking effect and/or will be notified by email.
- The user need not confirm the changes.
14. Closing provisions
- Regardless of any deviating provisions of the contractual relationship, MyCamper is entitled at any time to suspend the platform or its services immediately. In such cases, it is not necessary to inform the user. item 13.3 above concerning the consequences of termination shall apply analogously.
- The user only has the right to retain payments or set off against counterclaims if his or her counterclaims are undisputed or have been recognised by a court.
- It is the will of the parties that they will remain independent and the contractual relationship is not intended to lead to a simple company or other relationship between MyCamper and the user which is equivalent to a company.
- Additions, changes or the dissolution of the contractual relationship is only valid in written form and must be signed by both contracting parties. This also applies in particular to this written form clause.
- For all deliveries which take place within the framework of this contractual relationship, an email is sufficient. Written form as stated in these GTCBs or the contractual relationship is also represented by emails.
- Rights and obligations under the contractual relationship can only be assigned to third parties with the agreement of the respective other contracting party. The same applies in relation to the assignment of the contractual relationship to a third party in full or the entry of a third party into this contractual relationship.
- Should one or more of the provisions of the contractual relationship be or become invalid or ineffective, the remaining part of the contractual relationship shall not be affected thereby. In case of invalidity or ineffectiveness of a provision, this shall be replaced by such a clause which comes closest to the economic purpose of the ineffective provision.
- Should one of the parties not exercise the rights to which it is entitled under the contractual relationship or should it not do so on time, this shall not lead to a forfeiture or loss of the said rights. In case that a right is not exercised or is exercised late, this shall not lead to the said right no longer being able to be exercised under any circumstances.
- The contractual relationship is subject to Swiss law, to the exclusion of the conflict of laws and international treaties.
- Disputes, differences of opinion or claims under or in connection with this contractual relationship, including its validity, invalidity, breach or termination shall be settled exclusively by the regular courts at the place of jurisdiction of the place of business of MyCamper.
- The German text of this GTCB prevails. The French and English text serves information purposes only and is a non-binding convenience translation.
The place of jurisdiction is Basel (BS).