General terms and conditions of business and rental of MyCamper AG
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
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
- 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, 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 Baloise, should the camper be insured using the MyCamper-Baloise solution (hereinafter referred to as “MyCamper-Baloise insurance”).
- 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.
- 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. The registration is free of charge.
- All users must fulfil the following criteria for the registration:
- be natural or legal person with legal capacity, resident in Switzerland; 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 or families is possible. However, they must always indicate a natural person as joint representative, who acts as contracting party.
- In addition, the lessee must fulfil the following requirements:
- be in possession of a valid driving licence issued 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 in Switzerland (for 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”). 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.
- 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.
- 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
Conclusion of the rental contract; booking process
- Lessors and lessees do not have a claim to conclusion of a rental contract.
- 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.
- 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”).
- 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 completion and/or conclusion of the contract takes place in such a case directly when the booking is made by the lessee.
- 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).
- 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).
- 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).
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. 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.
- 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:
- The rental sum including service charge must be paid by the lessee 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 relevant rental contract will be invalid and the camper may not be handed over to the lessee by the lessor.
- The lessor and lessee are not permitted to carry out the 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. Lessors can offer an earlier handover or later return at a charge. 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.
- The rental contract is concluded for a specified period of time. Therefore, there is a fixed rental per night and season. The rental price per night is set by the lessor. During this process, he or she must bear the following in mind: There is a price which is valid for high season (July and August), pre-season (May and June and September and October) and out of season (November to April). The insurance costs (fire and theft or comprehensive and third-party liability) are generally included in the rental price – deviating provisions concerning the insurance costs are possible in the individual rental terms of the lessor. 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. This 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). Should the camper be insured via the MyCamper-Baloise solution, the excess is CHF 200 per claim.
- For the handover of the camper, the lessee must pay the lessor a deposit which amounts to the excess under the insurance coverage as a minimum. The deposit must be paid to the lessor by the lessee directly at the time of handover of the vehicle. In case of multiple claims in relation to the vehicle, the lessor is entitled to charge the sum of all of the excesses to the lessee. MyCamper is not responsible for the administration of deposits or any claims brought by the lessor. Should the deposit not be requested by the lessor, he or she is risking being required to pay the excess himself or herself in the event of a claim.
- The deposit is regulated as follows:
- Campers who have the MyCamper-Baloise insurance solution: in the event of covered damage via the insurance, the lessor is obliged to refund the deposit in full to the hirer. Baloise will claim the insurance excess from the hirer. In the case of uncovered damage, the lessor may retain the deposit for a maximum of two months until the camper has been repaired.
- Camper with own insurance solution: in case of covered as well as uncovered damage to the camper, the lessor is allowed to retain the deposit for a maximum of two months, as the deductible is claimed from him.
- 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 lessor and further conditions can be found in the terms and conditions of rental of the camper.
- When handing over the camper, the rental contract, including the handover contract, must be completed truthfully by the lessee and lessor and signed. Should this not take place, the insurance coverage cannot be guaranteed. The lessee and lessor must carefully retain a copy of this document. In addition, at the time of handover, the lessor must instruct the lessee in the use of the vehicle and make him or her aware of any important matters.
- Should the lessor not hand over the camper at the agreed time or with defects/damage which exclude or significantly impair suitability for the intended use, the lessee is obliged to inform MyCamper in writing within 24 hours (email 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 lessee against the lessor, 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 lessee has registered with MyCamper in writing, MyCamper will remit the lessor’s share to the account of the lessor. In case of commercial lessors, the remittance can take place prior to the start of the rental period. The same applies in case of cancellation.
- The lessor is obliged to provide correct and truthful information to the lessee concerning insurance for the camper when requested. During the rental term, the lessor must also respond to queries of the lessee 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 shall always take precedence.
- The lessor cannot incur liability for losses or damage which are incurred by the lessee 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 lessor, MyCamper will endeavour to provide a replacement vehicle. However, it is not obliged to do so. Should MyCamper be unable to do so, the lessor has the right to rescind the contract, without any compensation which goes beyond refunding the full rental amount back. The lessee cannot bring any form of claim in such a case.
- Any loss of bonuses under the vehicle insurance of the camper shall be borne by the lessee.
- If a breakdown occurred during the trip through no fault of the lessee, the lessor is obliged to reimburse the lessee pro rata for the time lost.
- The lessee 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 lessee's fault. These cases can be found in the general insurance agreements. Bonus losses of the camper's vehicle insurance resulting from this can be charged to the hirer. The total costs (damage and bonus loss) may exceed the excess stated in the camper profile in individual cases.
- The principle applies that the cost of items which break down due to wear and tear (engine, alternator) will be borne by the lessor, and items which break down due to incorrect behaviour on the part of the lessee (improper use) will be borne by the lessee. The used materials stated in the terms and conditions of rental of MyCamper are excluded from the above. In particular, the lessee shall incur liability if the insurance company is entitled to reduce its benefits or exclude the claim due to fault on the part of the lessee. These cases are stated in the general insurance agreements. Any loss of bonuses under the vehicle insurance of the camper shall be borne by the lessee.
- In the event of discrepancies, disputes or claims, the requesting party must be able to provide 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. The costs of the above shall be billed to the lessor and lessee at 50% each.
- Should the lessee return the camper early or should the agreed mileage not be used up, this will not entitle the lessee to a rent reduction.
- Should a maximum daily mileage be stated at the time of the rental enquiry by the lessee, the lessor can charge additional mileage at the rate of 80 centimes per additional kilometre travelled.
- 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 lessor at a maximum rate of CHF 100 per hour. With normal soiling, the post-cleaning must not exceed CHF 300.
- The lessee must return the camper to the lessor on time. In case of late return, the lessor can charge an additional CHF 50 per hour. At the time of return, the lessor must inspect the camper and both parties must fill in and sign the handover report. Should hidden or unnoticed defects/damage which have been caused by the lessee not be observed by the lessor until after return of the camper, the lessor has the right to charge the lessee for the cost of repairs. The report of the lessor must take place in writing (email suffices) and must be issued to the lessee and MyCamper within 48 hours of return of the vehicle (firstname.lastname@example.org).
- If the camper is properly returned, the deposit must be returned to the lessee within 48h.
- Campers on the platform can be equipped with a GPS tracking system.
Obligations of the lessee
- In addition, the lessee is subject to the following mandatory obligations during the rental period, i.e. these cannot be prescribed in a deviating manner:
- Lessees must notify the lessor 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 lessee shall incur liability for all damage which is not recorded in the handover report.
- The vehicle and its equipment must be inspected within 24 hours of handover and any defects must be notified to the lessor and MyCamper in writing within 24 hours (sending an email to email@example.com will suffice). Damages or rent reduction claims of the lessee 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 lessee, with the exception of the sticker for Swiss motorways.
- The lessee must follow the road traffic regulations and other laws in connection with the rental at all times. The lessee hereby expressly declares that he or she will pay all traffic fines during the rental period or fully compensate the lessor for these. In such a case, MyCamper is entitled to disclose the details of the lessee to the competent authorities if requested to do so.
- The lessee 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 lessee shall bear full responsibility and the associated costs.
- Lessees may not drive the camper to uninsured countries (see terms and conditions of the respective insurance).
- Lessees 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 "Insurance for Hirers" page. Should the roadside assistance already be included with the camper or should the lessee be insured as a person, the lessee is obliged to contact this breakdown service as quickly as possible. If the camper has no breakdown cover and the lessee has not booked the breakdown service in the booking process, the lessee must pay the costs in connection with the breakdown him or herself. In all cases, the lessor must be informed immediately in case of a breakdown.
- Observing the technical regulations and operating instructions, 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 lessee.
- To keep the vehicle clean.
- No animals in the camper and no smoking (unless expressly permitted by the lessor).
- Securing the camper against theft (windows and doors must be closed when leaving the camper and must be properly secured).
- To use the camper him or herself in the course of the rental contract and not to hand it over to third parties (except authorised additional drivers) or not to sublet it.
- Not to load the camper with objects which overload capacity, impair safety or damage the camper.
- Not to use the camper for any type of race, motor sport events or similar and not to use it on race tracks, training pitches, circuits or in competitions.
- To observe the additional exclusions under the general terms and conditions of insurance.
- Not to use the camper as a taxi in order to carry or move other vehicles, to transport hazardous goods, for demonstrations or to carry advertisements.
- Not to 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 lessee from a professional company with the agreement of the lessor. Unless fault is present on the part of the lessee, the costs of repairs will be refunded by the lessor following provision of the original receipts.
- Not to release the vehicle or gift it to other persons.
- The rental agreement and the handover protocol must be signed by the lessee and the lessor on handover and return.
- If the rental conditions of the vehicle (ID category, minimum age, etc.) are not met by the lessee, the lessee 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 lessor is obliged to check the driver's license and the ID of the lessee at the handover.
- Interior cleaning is the responsibility of the lessee.
Obligations of the lessor
- In addition, the lessor 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.
- In relation to the camper to be rented and for the performance of the rental transaction, the lessor must also comply with the following: (i) the lessor 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 lessor 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 lessor 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.
- If a lessor withdraws from the rental agreement, which is only permitted for good cause, the lessor shall owe MyCamper the entire service fee and shall be obliged to provide MyCamper with proof (photos, invoices, confirmation of the garage, etc.).
- 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 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.
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 lessor’s share, the MyCamper service charge and the insurance premium, should the vehicle be insured through the MyCamper-Baloise insurance solution. In addition, additional chargeable options can be selected during the booking process, such as additional accessories or additional insurance, such as roadside assistance, cancellation and baggage insurance.
- The rental amount is payable within 20 days. 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.
- 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.
- Instalments are possible on request if the total amount exceeds CHF 1'000.
- The rental amount to be paid as well as the payment options and other payment modalities are regulated on the platform.
- 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.
- 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.
- 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.
- The lessor may unilaterally withdraw from the contract if the lessee 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 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.
- 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.
- 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.
- 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 (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: 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 respectively is to be borne by the lessor if he withdraws without proof.
- The lessee has the right to withdraw from the rental agreement if the basic use (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.
- 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).We would advise the lessee to take out cancellation and baggage insurance, which can be selected during the booking process:
- Up to 60 days prior to the start of the rental: MyCamper service charge* and insurance premiums;
- 59 to 31 days prior to the start of the rental: MyCamper service charge*, insurance premiums and 60% of the lessor share;
- 30 days prior to the start of the rental: Total amount(MyCamper service charge*, insurance premiums and 100% of the lessor share)
* MyCamper service charge lessee (0%-4%) and lessor (20%) of the rental price
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 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 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). 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 (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.
- 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, 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.
- 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).