GTCB:General terms and conditions of business and rental of MyCamper AG
Camper:includes motor homes, camper vans, camping buses, caravans and trailer tents which are offered for rent via the MyCamper website
Lessee:person who rents a camper via the MyCamper website or is interested in renting a camper via the MyCamper website
User: includes both the lessor and the lessee
Lessor: owner of a camper who makes this available for rent via the MyCamper website
1. 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.
2. The following documents are, however, part of the rental contract: (i) the handover report, (ii) these GTCBs (iii) any individual rental conditions of the lessor, and (iv) the terms and conditions of insurance of the camper and Allianz Suisse, should the camper be insured using the Allianz-MyCamper solution.
3. All legal relationships between MyCamper and the user concerning the services of MyCamper are regulated exclusively via these GTCBs and the data protection provisions of MyCamper. 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.
4. 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.
1. 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. The registration is free of charge.
2. All users must fulfil the following criteria for the registration:
In addition, the lessee must fulfil the following requirements:
3. 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.
4. 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.
1. 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.
2. 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”). Photos of the user are excluded from the above. 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.
3. The user hereby guarantees to MyCamper that: (i) he or she possesses all rights in relation to the user content; (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.
4. 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.
5.1. Conclusion of the rental contract; booking process
1. Lessors and lessees do not have a claim to conclusion of a rental contract.
2. The rights and obligations under the rental contracts exist exclusively between the lessees and the lessors. The lessee and lessor 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 excluded.
3. The booking process generally takes place as follows: by placing the camper on the platform, the lessor is making a non-binding offer of his or her camper to third parties for rent. A lessee can then place a non-binding rental enquiry in relation to such a camper. Should the lessor accept the rental enquiry (where possible within 48 hours), the lessee can then carry out the booking process in relation to the camper (hereinafter referred to as “booking completion” or “conclusion of the contract”).
4. An exception to the booking process applies if a camper is shown on the platform with a flashing symbol. In this case, the "immediate booking function"is activated and the lessee can book the camper offered for rent by the lessor directly online, i.e. the lessor makes non-binding offers of the camper to third parties and the booking completionand/or conclusion of the contract takes place in such a case directly when the booking is made by the lessee.
5. In all cases, all bookings which are carried out on the platform are binding on booking completion (see item 7 in relation to contractual adjustments, rescission and cancellation of the contract).
6. Following completion of the booking, the lessee has the option of paying the amount due either (i) directly online with a credit or debit card or (ii) via advance payment (the invoice will be sent to the lessee by email and is due for payment within 20 days).
7. Once the full rental sum has been received by MyCamper, the lessee and lessor 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
8. These terms and conditions of rental regulate the letting of a camper and are an integral part of each rental contract. Generally, the lessors can define their own terms and conditions of rental on the platform, which can be seen in the respective camper profile. These lessors’ own terms and conditions of rental may not, however, conflict with the mandatory provisions below; otherwise these will be deemed to be invalid.
9. The following provisions apply to rental contracts between the lessor and the lessee in a mandatory manner, i.e. these may not be deviated from:
10. In addition, the lessee is subject to the following mandatoryobligations during the rental period, i.e. these cannot be prescribed in a deviating manner:
11. In addition, the lessor is subject to the following mandatoryobligations during the rental period, i.e. these therefore cannot be prescribed in any manner other than as regulated:
12. In particular, the following contractual points can be agreed between the lessor and lessee differentlythan as stated below or listed in the platform, provided that this is lawful based on the mandatory laws to be applied:
13. MyCamper does not provide any guarantee and cannot assume any responsibility 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. This risk is borne by the users.Should MyCamper be involved in a legal dispute (also prior to proceedings) in connection with a rental contract, the lessor and lessee shall incur joint and several liability for the costs which are incurred by MyCamper in such a case.
1. 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 lessor’s share, the MyCamper service charge and the insurance premium, should the vehicle be insured through the Allianz-MyCamper insurance solution. In addition, additional chargeable options can be selected during the booking process, such as additional accessories or additional insurance, such as Europewide roadside assistance, excess exclusion insurance or cancellation insurance.
2. The rental sum to be paid, as well as the payment options and procedure are regulated via the platform.
3. The rental sum always includes value added tax, should this be payable and unless otherwise stated on the platform.
4. The lessee 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.
5. The lessee must pay the rental sum to MyCamper in the manner stated on the platform. MyCamper is engaged by the lessor (service provider) to collect the rent claim from the lessee (service recipient). The respective lessor issues the collection order to MyCamper by paying a service charge of 20% prior to placing the rental object on the platform. In case of a collection, MyCamper does not assume the role of lessor in relation to the lessee. In such a case, MyCamper administers the rental sum paid by the lessee in the name of the lessor and holds this for the lessor in a bank account.
6. The lessee must compensate MyCamper for all costs which are incurred by it due to the lessee failing to pay the total sum owed on time. MyCamper is entitled to the service charge in consideration of the provision of its services in connection with the contractual relationship.
7. 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 lessee 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 lessee was not justified.
8. All claims for damages on the part of the lessee against MyCamper that plead that MyCamper was not entitled to remit the rent to the lessor despite an objection on the part of the lessee shall be excluded.
9. The user is prohibited from bypassing the provisions of this number 6 above, in particular, the service charges.
1. 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 must contact the respective other user and MyCamper by email (email@example.com) immediately. The respective other user is not obliged to agree to the alteration request or cancellation. These will only be processed if confirmed in writing by both users. The users are obliged to immediately inform MyCamper of all alterations.
2. It is not possible to unilaterally rescind the rental contract. The users must agree under the rental contract that rescission is only possible for both parties for an important reason. An important reason exists, in particular, if the vehicle cannot be rented due to technical damage. 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: firstname.lastname@example.org. 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.
3. The question as to how much of the rental price is owed is determined by the rental contract and the statutory regulations. Should no provisions have been agreed in the individual terms and conditions of rent of the lessee, the lessor shall be entitled to claim the following cancellation costs shares from the lessee in case of rescission of the contract by the lessee prior to the agreed start of the rental (regardless of fault on the part of the Lessee):
* The MyCamper service charge is 10%-25% of the rental price
We would advise the lessee to take out cancellation insurance, which can be selected during the booking process.
1. Each user can rate other users on the platform.
2. The user is obliged to make truthful statements when rating other users. Untrue, insulting or other unlawful or unreasonable comments are prohibited.
3. 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.
4. 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.
5. Otherwise, the information on the platform concerning the ratings system of MyCamper applies.
1. 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.
2. 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.
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.
1. 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.
2. 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 excluded.
3. 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.
4. 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.
5. 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.
6. MyCamper verifies the identity of the lessor on the basis of the vehicle papers. The identity of the lessee is gathered by means of the entry field (name, address, telephone number, email address etc) and is checked when the rental price is paid. MyCamper cannot guarantee that the true identity of the lessee has been provided, should no payment have been made. For this reason, it is not possible to guarantee that a user is providing his or her true 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 damages claims of MyCamper shall remain unaffected.
1. The contractual relationship shall take effect in accordance with item 2.3 above and is hereby being concluded indefinitely.
2. The contractual relationship can be terminated by both parties immediately. Termination must take place in writing (includes email). However, in case of the user, termination is subject to no current or future rental contracts existing. Details can be found on the platform.
3. 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.
4. 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.
5. The user need not confirm the changes.
1. 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.
2. 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.
3. 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.
4. Additions, amendments 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. The contractual relationship is subject to Swiss law, to the exclusion of the conflict of laws and international treaties.
10. 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 place of jurisdiction is Basel (BS).