General Rental Terms and Conditions (GTC) Cheeky Campers AG

(Version 21.02.2023)

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Please be aware that The terms and conditions are based on the German version. The English translation is for informational purposes only and represents a non-binding, non-legally binding translation. In the case of discrepancies or contradictions between the German and English versions, the provisions of the German version take precedence.

 

 

1.     Subject Matter of the Contract and Scope

These "General Rental Terms and Conditions", hereafter referred to as GTC, govern the rights and obligations in the relationship between Cheeky Campers AG (hereafter referred to as Lessor) and the contract partner (hereafter referred to as Renter). The GTC apply without needing to be explicitly agreed upon. Any side agreements, changes, additions, and legally significant declarations to these GTC require written form to be valid.

 

2.     Renter

At the time of the rental start, the Renter must be at least 18 years old and hold a valid class C driver's license (passenger car). This will be checked by the Lessor during check-in. Should any change regarding the validity of the driver's license occur between the check-in and the vehicle handover, the Renter is obliged to inform the Lessor immediately.

 

The Renter is obligated to personally operate the camper according to the conditions of the rental contract and not to pass it on to third parties (except for approved additional drivers) or sublease it.

 

An additional driver is included free of charge. The required information must be provided at the time of booking. The same conditions apply to the additional driver as for the Renter.

 

3.     Handover of the Vehicle

The Lessor provides the vehicle clean, inspected, free of defects, and with complete vehicle documents from the agreed handover time.

 

The Renter receives a fully fueled vehicle. The fuel costs during usage are borne by the Renter.

 

The costs caused by misfueling are borne by the Renter. The costs for damage repair will be billed to the Renter. The Renter is obligated to immediately inform the Lessor in case of misfueling.

 

The renter is responsible to complete the handover carefully on his own, using the provided digital form. The Lessor checks the documented vehicle condition after the handover.

 

4.     Duty of Care 

The Renter agrees to handle the vehicle carefully and use it according to applicable traffic rules. During the rental period, the smooth functioning of the vehicle is monitored. Specifically, the oil and coolant levels, as well as tire pressure, will be checked regularly - at least every 1,500 kilometers.

 

Pets are not allowed unless an exception has been approved in advance. The Lessor reserves the right to charge a fee in case of violation.

 

The use of the vehicle for subrenting, advertising trips, demonstrations, transport of goods, or for carrying out moves is prohibited unless an exception has been approved in advance.

 

The Renter must not load the camper with items that exceed its permissible payload, compromise safety, or damage the camper. The Renter is responsible for the proper distribution and securing of the load. The Renter is fully liable for damages resulting from inadequately secured loads.

 

The Renter must inform themselves about the maximum payload and bears responsibility for damages and fines resulting from exceeding the permissible payload.

 

The Renter must ensure the camper's protection against theft. The camper must be properly locked when leaving, and valuables should not be left in the vehicle.

 

The Renter may not make any optical or technical changes to the camper unless prior written permission has been obtained from the Lessor

 

The vehicle may not be operated under the influence of alcohol, drugs, or medications that impair driving ability. The Renter commits to complying with the applicable traffic regulations regarding alcohol and drug consumption

 

In the event of a defect, the Renter is obligated to take all necessary measures to keep the resulting damage as minimal as possible and to inform the Lessor immediately

 

Should the vehicle fail due to improper handling during the rental period due to defects or accidents, the Lessor assumes no liability for the downtime and the incurred repair costs, provided the Renter is responsible for the damage.

 

 

5.     Foreign Travel

Only countries can be visited in which the insurance covers damage events according to the current coverage area of the insurance card. An overview is given by the following list. The current list of covered countries on the Baloise homepage applies. If there is an intention to drive to a country not on the list, prior written permission must be obtained from the Lessor.

 

– in Europe according to the current coverage area of the International Insurance Card (Albania, Andorra, Belgium, Bosnia-Herzegovina, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, United Kingdom, Ireland (incl. Northern Ireland), Iceland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Macedonia, Moldova, Montenegro, Netherlands, Norway, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Serbia, Slovak Republic, Slovenia, Spain, Czech Republic, Hungary, Cyprus, countries suspended from the agreement are considered uninsured); – in the other Mediterranean countries; – in the Mediterranean island states; – on the territory of Kosovo

 

As a foreign Renter of a vehicle in Switzerland, it is forbidden to enter your own country of origin with the rented vehicle (e.g., German citizen renting a vehicle in Switzerland is not allowed to enter Germany).

 

6.     Contract Performance

If the vehicle cannot be provided at the time of the rental start, the Lessor has the right to withdraw from the rental contract without compensation.

 

However, the Lessor undertakes to check the possibility of an equivalent replacement vehicle and to inform the customer about any differences in the vehicle type or conditions.

 

If this is not possible, a full refund of the payments made will be made. Any further claims are rejected by the Lessor.

 

7.     Rental Rates

The prices indicated include the statutory value-added tax of 7.7%, which is shown separately (VAT). The current daily prices can be viewed on the homepage and will be confirmed at the time of booking.

 

The minimum rental period is two days. During the high season (June/July/August), a surcharge of CHF 80.- per day applies for a rental period of less than 6 days, unless written permission is granted in advance by the lessor for a shorter rental period.

For long-term rentals (from 3 weeks or more), reduced rates are automatically applied.

 

8.     Payment Terms

Payments are to be made at the conclusion of the booking with the provided payment methods. The deposit of CHF 500.- is blocked on the credit card one day before the start of the rental and released within two weeks after successful return of the vehicle minus any damage or fuel costs. The lessor reserves the right to offset the deductible in case of any damages with the deposit.

 

9.     Insurance

All vehicles are covered by comprehensive insurance and liability insurance.

The applicable deductibles are a maximum of CHF 1,000.- per claim (e.g., for a damage of CHF 5,000.-, the renter pays a maximum of CHF 1,000.-) unless a reduction of the deductible was agreed in advance.

Glass damage is covered, with a deductible of 300.-

 

Upon request and for an additional charge, the deductible can be reduced. The current rates for reducing the deductible can be viewed on the homepage.

 

The current insurance conditions of Baloise Versicherung AG and the exclusions mentioned under number 10 apply. The renter is obliged to read and accept the insurance conditions before booking.

 

10.  Insurance Exclusion

Not insured are: gross negligence, driving without a valid and required driver's license, learner driving, towing, car races, damage resulting from a blood alcohol level of more than 0 per mille or under the influence of narcotics or mind-altering drugs, damage caused by unrest of all kinds, damage due to improper handling, disregarding the minimum height and width, and leaving the vehicle to third parties. 

 

There is no passenger insurance. Recovery costs, damage to tires and wheels, loss of keys, and marten damage are the responsibility of the renter. 

 

This is a non-exhaustive list. The current insurance conditions (Ts&Cs) of Basler Versicherung apply.

 

11.  Traffic Violations

The renter bears full liability for all traffic violations and the resulting costs. The renter is obliged to settle all fines and penalties promptly. Additional efforts resulting from the processing and handling of these traffic violations can be charged to the renter, including administrative fees and processing fees.

 

12.  Accidents & Break-ins

In the event of an accident or damage, it is essential to immediately notify the lessor and the local police. The renter is obliged to fill out the accident report and document all relevant information. The renter must insist that a police report is made in every case. The renter is obliged to gather all available information about other involved parties and pass it on to the lessor.

 

It is important not to make any oral or written admissions of guilt. Furthermore, it is mandatory to fill out the European Accident Report provided in the vehicle and have it signed by all involved parties. The renter is responsible for properly documenting the accident and obtaining the signatures. Both the accident report and the police report should be sent by email to booking@cheekycampers.ch as soon as they are available. The renter is obliged to provide all additional information about the accident or damage when requested by the lessor.

 

The renter is liable for unreported damages and traffic violations of any kind. The renter is obliged to report all damages or traffic violations to the lessor immediately.

In the event of a break-in into the vehicle, stolen or damaged items owned by the renter are not insured. However, these are usually covered by the renter's private home insurance.

 

13.  Breakdowns

The vehicle is insured across Europe with breakdown assistance through Baloise. In case of a breakdown or an accident, the renter is obliged to call the breakdown service directly at Tel: 0800 24 800 800 and take all necessary measures.

 

In the event of an accident or breakdown, the insurance provides towing services as well as support for onward travel, possible accommodation costs, and other advisory services. The renter is obliged to get in touch with the insurance and follow all instructions.

 

Every booking includes Europe-wide assistance in case of an accident or breakdown. Services covered include, among others:

• On-site breakdown assistance and towing

• Return journey of all occupants to the place of residence in Switzerland or onward journey to the original destination, if the vehicle cannot be repaired on the same day. The costs will be covered up to a maximum of CHF 1,000 per case for the return or onward journey with public transport or for a maximum of 5 days and CHF 500 per case for a vehicle of the same category as the insured vehicle.

• Accommodation costs if the return or onward journey is no longer possible on the same day or if the repair cannot be carried out within 5 days. Up to CHF 150 per occupant and night will be covered, but no more than CHF 1,200 per case in total.

 

14.  Vehicle Repairs

Urgent repairs to the vehicle can be commissioned up to 200.- without the lessor's consent. The renter is obliged to discuss all repair costs over 200.- in advance with the lessor. Defects must be documented with photographs and receipts.

If the costs amount to over CHF 200.-, these may only be commissioned after prior consultation with the lessor and will be reimbursed promptly upon submission of the original receipt.

 

The defect of individual components of the vehicle, which do not prevent the continuation of the journey, does not entitle the renter to claim damages from the lessor. The renter is obliged to report defective components to the lessor and to obtain instructions for further driving.

 

Repair costs of a damage that was not caused by the renter's fault will be passed on to the renter up to the chosen deductible. If a repair is more expensive than the chosen deductible, the renter will only be charged the deductible.

 

If damage has occurred due to improper operation, the renter must bear the full costs regardless of the deductible.

 

15.  Liability

The lessor cannot be held liable for inconveniences and failures of any kind. Replacement vehicles will only be reimbursed after prior consultation with the lessor and upon submission of a receipt.

 

Lost property will be reported to the renter/driver if possible. After a maximum of 1 month, these will be disposed of by us. Valuable items will be handed over to the lost property office after this period.

 

The responsibility for the vehicle lies with the renter. The driver is liable for all damages caused to the vehicle.

 

16.  Cancellation

Free cancellation is possible up to two weeks (14 days) before vehicle collection. 

 

For cancellations occurring within two weeks of the start of the rental, the entire rental price is retained and no refund is given. The renter has the right to agree on a replacement date for the rental in the event of a valid reason, subject to availability.

 

In the event of an early return of the vehicle, there is no entitlement to rental reductions or refunds.

 

17.  Contract Termination

The rental relationship ends immediately and without explicit termination by the lessor in the case of unlawful behavior, if the renter or the driver provides false information, or in the event of a default or bankruptcy.

 

18.  Return of the Vehicle

Upon termination of the rental contract, the renter or the driver is obliged to return the vehicle immediately. The vehicle must be brought back to the agreed location at the agreed return time.

 

If a late return is foreseeable, the lessor must be informed immediately and at least one hour before the return time. A fee of 50.- CHF per hour will be charged for late returns of more than one hour.

 

The vehicle must be returned with a full tank upon return. If this requirement is not met, an administration fee will be charged in addition to the fuel costs.

 

The renter commits to conducting the digital return conscientiously and to provide all information truthfully. The lessor reserves the right to verify the information and to request additional information if necessary.

 

Furthermore, the renter is obliged to clean the vehicle himself according to the cleaning checklist (unless professional cleaning has been booked). Cleaning costs due to excessive dirt will be charged according to effort (CHF 100.-/h).

 

A paid professional cleaning can be booked upon request. The costs for the professional cleaning will be charged to the renter.

 

The lessor has the right to take back or collect the vehicle after the rental period has ended, even if it is on private property. The additional costs for the return or collection of the vehicle are borne by the renter, including an additional processing fee of CHF 100.00.

 

If hidden or unnoticed defects or damages are discovered after the return of the vehicle, the lessor has the right to hold the renter accountable for the repairs or to charge the effort within the scope of the deductible. The renter is obliged to report all defects or damages to the lessor.

 

19.  Data Protection

The data protection regulations published on Cheekycampers.ch apply. The lessor commits to treat the personal data of the renter confidentially and to use it only for the purposes of contract processing and marketing purposes.

The vehicle data, such as speed, location, driving behavior, and fuel level, can be recorded during the rental period to protect the vehicle. The lessor commits to treat this data confidentially and to evaluate it only in the case of justified suspicion of theft or improper use.

 

20.  Jurisdiction and Applicable Law

The terms and conditions are based on the German version. The English translation is for informational purposes only and represents a non-binding, non-legally binding translation. In the case of discrepancies or contradictions between the German and English versions, the provisions of the German version take precedence.

 

The contractual relationships between the lessor and the renter are subject to Swiss law. For disputes arising from the contractual relationship, the jurisdiction is CH-4054 Basel BS.

 

The contracting parties commit to strive for an amicable settlement outside the contractually agreed conditions in case of disagreements before filing a lawsuit. If no agreement can be reached, disputes are subject to the exclusive jurisdiction of the courts at the jurisdiction CH-4054 Basel BS.