1 Scope.

1.1 These General Terms and Conditions of Hire (GTCU) apply to the conclusion, content and performance of all contracts concluded between FanVan GmbH (in short: FANVAN) and third parties (CUSTOMERS) on and in connection with the hire of camping buses and camping accessories. These AMB shall also apply to subsequent contracts without the need to refer to them again in individual cases.

1.2 Deviations from these GTCS are only effective if they are agreed in writing between FANVAN and the CUSTOMER; they replace these GTCS only to the extent that they conflict with these GTCS. If one of the provisions made in these GTCS is invalid, this shall not affect the validity of the remaining provisions made in these GTCS. Informal declarations shall also be effective vis-à-vis consumers as CUSTOMERS and by consumers as CUSTOMERS.

2 Services.

2.1 FANVAN rents camping buses and camping accessories (in short: rental object) to the CLIENT for a time agreed in advance for the agreed purpose against payment of a rent or other agreed fees for the CLIENT's own use and the agreed drivers under the CLIENT's responsibility. FANVAN is not a tour operator or travel organiser and does not owe any travel service or travel organisation. FANVAN does not provide the CUSTOMER with a driver.

2.2 Other services not mentioned above will only be provided by FANVAN as extraordinary services if they are expressly agreed in writing with FANVAN 's company signature.

2.3 FANVAN will not provide the CUSTOMER with a replacement vehicle during the agreed rental period in the event of accidents or other defects or ailments of the rented item.

2.4 All documents, plans, sketches, brochures, catalogues and the like are the intellectual property of FANVAN and may not be used, in particular passed on, reproduced and published by the CUSTOMER.

3 Offer, changes to the service.

3.1 Offers made by FANVAN as well as price calculations are non-binding ("subject to change"), unless they are expressly designated as binding in writing. Products, services and declarations displayed by FANVAN in the webshop do not constitute offers, but are an invitation by the CLIENT to make an offer. The CUSTOMER's booking in the webshop is a binding offer. Photos displayed in the webshop only represent original images with the current condition of the rental item if this is expressly marked.

3.2 All contracts and orders are only binding when they have been confirmed in writing by FANVAN ("booking confirmation"). The rights and obligations of FANVAN and the CLIENT are agreed in the written rental contract in addition to these AMB.

3.3 FANVAN reserves the right to make minor changes to the performance of the service which are reasonable for the CUSTOMER and which are expressly approved by the CUSTOMER in advance. The CLIENT expressly agrees that, for factually justified reasons, an equivalent or similar other camping bus with the same or similar equipment is made available to him in place of the booked rental item and this is to be regarded as completely equivalent. In this case, the CLIENT shall not be entitled to a reduction of the rental fee or any other claims against FANVAN.

4 Rental period; cancellation before the start of the rental period.

4.1     Die Dauer des Mietverhältnisses wird im Mietvertrag vereinbart. Die Mindestdauer des Mietverhältnisses beträgt in der Nebensaison 3 Tage und in der Zeit Hauptsaison 5 Tage. Die genauen Zeiten sind unter dem Menüpunkt „rental“ sowie „vans“ ersichtlich. Soweit nichts anderes mit dem KUNDEN vereinbart ist, kann der Mietgegenstand für die Anzahl von bestimmten Tagen (Kurzzeitmiete) oder für eine Dauer von 3 Monaten, 6 Monaten oder 12 Monaten gemietet werden (Langzeitmiete). Das Mietverhältnis endet mit Ablauf der Befristung, ohne dass es einer Kündigung bedarf. Das Mietverhältnis kann ordentlich nicht gekündigt werden.

4.2 The rental relationship can be terminated prematurely by FANVAN if there is an important reason. An important reason exists in particular if

4.2.1 the CUSTOMER makes grossly disadvantageous use of the rental object,

4.2.2 the CLIENT does not immediately fulfil its payment obligations despite a reminder and a reasonable grace period,

4.2.3 the CLIENT has passed on the rental object in whole or in part in any form whatsoever or has handed it over to a third party,

4.2.4 the CUSTOMER uses the rental object for an improper purpose,

4.2.5 insolvency proceedings are opened against the CLIENT's assets or the opening is rejected for lack of assets to cover costs,

4.2.6 the CLIENT violates the provisions of these AMB or the rental agreement.

4.3 FANVAN has the right to withdraw from the rental agreement before the start of the rental period for objectively justified reasons. An objectively justified reason exists in particular if the CLIENT does not make the agreed payments before the handover of the rental object or FANVAN cannot hand over the rental object to the CLIENT in time through no fault of its own (repair, late takeover from a CLIENT, etc.). The CLIENT waives claims for compensation in the event of a withdrawal by FANVAN for factually justified reasons. If the CLIENT withdraws before the start of the rental period, point 7 applies.

4.4 The CLIENT is entitled to terminate the rental relationship prematurely for good cause if FANVAN persistently breaches its obligations under these AMB or the rental agreement.

4.5 In the event of premature termination of the contract, the CLIENT is obliged to hand over the rental object to FANVAN without delay. Unless otherwise expressly agreed, the handover shall take place at the registered office of FANVAN. For the duration of the termination of the contract until the handover of the rental object, the CLIENT owes an appropriate usage fee. The usage fee corresponds to the fee that would have been payable in the event of a rental.

 5 Rent (price).

5.1 The CLIENT shall pay FANVAN a rental fee as well as the other agreed fees and payments for the provision of the rental object. The current rental prices and the other fees and payments are published on the website www.fanvan.at. The rental prices are gross prices including 20% VAT. Any legal transaction fees, other fees and charges triggered by the conclusion of the rental agreement shall be borne by the CLIENT.

5.2 The CUSTOMER shall pay the rent in full in advance with the booking confirmation - without deduction. FANVAN does not grant the CLIENT a discount. The fee shall be paid by bank transfer or by another method of payment specified in the web shop. Any acceptance of cheques and bills of exchange by FANVAN shall be on account of payment only; the CUSTOMER shall bear the resulting expenses. The rental object shall be handed over to the CLIENT upon full payment of the agreed rent, deposit and other fees.

5.3 The rental fee includes comprehensive insurance to the agreed extent with a deductible for the CUSTOMER as well as the costs for specified service and maintenance intervals, wear parts and tyres if the CUSTOMER uses them in a proper and gentle manner as well as the costs of the inspection according to § 57a KFG ("Pickerl") and the costs of the seasonal tyre change.

5.4 The rent does not include the ongoing costs incurred through the use of the rental object. These include, in particular, the costs of fuel, lubricant, windscreen fluid, operating fluids, engine oil, camping gas, toll fees (with the exception of the Austrian motorway vignette), parking fees, ferry fees as well as the costs of cleaning and maintenance of the rented item. The CLIENT shall bear these costs alone.

5.5 The CLIENT shall pay a deposit of EUR 800.00 for short-term rentals and EUR 1,000.00 for long-term rentals before handing over the rental object. The deposit serves as security for the proper and punctual return of the rental object in the agreed condition. The deposit is exclusively deposited and reserved via a credit card of the CLIENT. FANVAN is entitled to cover all due claims arising from or in connection with the rental agreement from this deposit. The deposit will be debited from or reserved in the CUSTOMER's account prior to the handover of the rental object. FANVAN will return or not call the deposit within 14 days after the termination of the rental agreement and proper return of the rental object. The return or non-call of the deposit does not constitute a waiver by FANVAN of the assertion of (in particular hidden) damage to the rental object or other claims against the CLIENT. In the event of an accident or other damage to the rented item, FANVAN is entitled to retain the deposit until the incident and responsibility have been clarified.

5.6 In the event of default on the part of the CLIENT, the CLIENT shall owe statutory default interest on the outstanding amount of the invoice as well as, in the event of fault, reimbursement of all costs of an extrajudicial or judicial nature necessary for the expedient prosecution of the claim in a reasonable proportion to the claim pursued.

5.7 Incomplete or late payments of an invoice entitle FANVAN to withdraw from all contracts concluded with the CLIENT or to refuse their execution.

5.8 The offsetting of claims of the CLIENT against those of FANVAN is excluded - with the exception of § 6 paragraph 1 line 8 KSchG. The CLIENT is prohibited from transferring or assigning rights, claims and obligations from the respective contractual relationship in whole or in part without the written consent of FANVAN.

5.9 In the case of a mutual business transaction, FANVAN is entitled to perform individual parts of the contract for the CUSTOMER - irrespective of any due date for performance - and to charge the CUSTOMER on an aliquot basis.

5.10 The CLIENT agrees that invoices and reminders may be sent by e-mail.

6 Transfer.

6.1 The handover of the rented item must take place on the agreed date and at the agreed location. FANVAN and the CLIENT shall record the condition of the rental object as well as any damage, scratches, signs of use and the like in writing with photos in the takeover protocol. FANVAN is obliged to perform the service at the earliest as soon as all contractual details have been clarified, the CLIENT has fulfilled its obligations and has created the technical, organisational and legal conditions for performance. If the start of the performance or the execution is delayed due to circumstances for which FANVAN is not responsible (lockdown, strikes, etc.), the bindingly agreed dates and deadlines including the "fixed" promised dates shall also be postponed according to the duration of the delay.

6.2 FANVAN shall hand over the rented item to the CUSTOMER fully cleaned, with a full tank, engine oil, coolant, windscreen washer fluid and other fluids for use.

6.3 FANVAN will train the CUSTOMER on the operation of the rental item. The fresh water tank is not to be used as drinking water under any circumstances.

6.4 The risk of accidental deterioration, damage or loss of the rented item shall pass to the CLIENT upon handover of the rented item.

7 Cancellation (penalty), early return.

7.1 The CLIENT has the right to withdraw from the rental agreement without costs up to 60 days before the start of the rental period. If the CLIENT has already paid the rent, the rent will be refunded by FANVAN.

7.2 The CLIENT has the right to withdraw from the rental agreement between 59 and 15 days before the start of the rental relationship against payment of a penalty of half of the total rent. If the CUSTOMER has already paid the rent in full, half of the rent will be refunded by FANVAN. In the event of timely withdrawal and payment of the penalty, the other mutual rights and obligations shall lapse.

7.3 In the event of an unjustified withdrawal by the CLIENT within 14 days prior to the commencement of the rental relationship, the CLIENT shall owe the entire agreed rent. Failure by the CLIENT to observe the handover date shall constitute a withdrawal without legal grounds.

7.4 The CLIENT may not cancel camping accessories individually and separately from other rental items.

7.5 In the event of a premature return of the rental object or termination, interruption or abandonment of the trip by the CLIENT for reasons within his sphere or due to an accidental event, FANVAN retains the claim to the entire agreed rental.

7.6 In the event of a premature return of the rental object or termination, interruption or abandonment of the journey by the CLIENT for reasons within the sphere of FANVAN, the CLIENT is entitled to a pro rata reduction of the rent if the rental object is completely unusable for at least 15% of the rental period. In the event of complete unusability for up to 15% of the rental period or limited usability, the CLIENT shall not be entitled to a reduction of the rent or other claims for compensation. The usability of the rented item is only limited if the rented item can still be used for roadworthy driving.

7.7 The CLIENT is not entitled to a reduction of the rental fee or other claims against FANVAN if the CLIENT is unable to complete a desired itinerary through no fault of FANVAN (entry barriers, natural disasters, etc.).

8 Insurance.

8.1 The rental object is fully insured.

8.2 The CLIENT is informed that the comprehensive insurance does not cover all damage to the rental object as well as other own and third party property damage and personal injury and that there are limited sums insured. The CLIENT shall be informed in detail about the specific insurance cover and his personal liability risk before conclusion of the rental contract. Items carried by the CLIENT are generally excluded from the insurance cover. If no payment is made by the insurance company, the CLIENT shall be solely and exclusively liable for the damage in the event of his obligation to pay compensation.

8.3 The CUSTOMER's obligation to compensate FANVAN for damages to the rental object or other damages and liabilities exists to the extent that no payment is made by the insurance. The obligation of the CLIENT to compensate FANVAN exists to the full extent if no payment is made by the insurance company. In the event of a total or partial rejection of coverage by the insurance company, FANVAN is only obliged to enforce possible coverage claims in court against the insurance company after instruction by the CLIENT and at the expense of the CLIENT. FANVAN will make extrajudicial efforts to have insured damage covered by the insurance company. If the insurance covers the damage and the benefit (payment) is made, the CLIENT shall in any case pay the agreed deductible.

9 Obligations of the CUSTOMER.

9.1 The CUSTOMER must have his residence or registered office in Austria.

9.2 The CUSTOMER must have a valid and unlimited driving licence to drive a camper van up to 3.5 t for at least three years and must carry the original driving licence with him. The CUSTOMER must inform FANVAN immediately of any withdrawal of the driving licence or other driving bans.

9.3 The CLIENT must provide true, accurate and complete information about himself/herself (in particular name, address, telephone number, e-mail address as well as other data required for billing) as well as the other occupants for the purpose of establishing identity as well as for the purpose of billing.

9.4 The CUSTOMER may only use the hired object with the persons specified in the hire contract in the agreed area and for the agreed purpose. The permitted drivers and the area shall be specifically stated in the Rental Contract. The CUSTOMER shall keep records of when which driver has used the rental object and shall inform FANVAN of this upon request. The CUSTOMER is strictly prohibited from passing on or transferring the rental object to third parties in any form whatsoever. Animals may not be taken along.

9.5 The CLIENT must ensure that the permitted number of persons during transport and the permitted total weight are not exceeded. The CLIENT shall properly secure the entire load.

9.6 By renting the rented item, the CLIENT becomes the owner of the vehicle and must comply with, assume and fulfil all obligations and liabilities arising therefrom (in particular under the EKHG) himself and on his own responsibility.

9.7 The CLIENT shall use the rented item with the utmost care and with the greatest possible consideration. He may only use the rented item on paved roads in compliance with the respective local regulations and road traffic standards (speed limits, etc.). Participation in off-road driving, races and the like as well as the transport of dangerous, poisonous, prohibited or easily inflammable objects or substances is strictly prohibited.

9.8 The CLIENT shall inform FANVAN of the condition of the rental object at its request.

9.9 The CLIENT shall lock the rented item when leaving it and take the vehicle keys and vehicle documents with him and properly protect them from access by third parties. The CUSTOMER shall (if reasonable) park the rented item in a guarded parking space.

9.10 The CUSTOMER is obliged to comply with the operating instructions of the rented item and to check the tyre pressure, coolant, engine oil level and general operating and road safety before each journey.

9.11 The CLIENT shall bear all penalties (in particular from administrative offences), fines, fees and the like arising from the use of the rental object alone and shall indemnify and hold FANVAN completely harmless. The CLIENT shall owe FANVAN an amount of EUR 50.00 per hour or part thereof for the necessary processing as well as the necessary cash expenses (translation costs, etc.).

9.12 The CLIENT shall refrain from smoking in the rented property. There is a strict smoking ban. The CLIENT shall owe FANVAN a contractual penalty of EUR 400.00 in the event of culpable violation of the smoking ban. The contractual penalty serves to compensate for the internal expenses for cleaning the rental object. Compensation for any further damage remains unaffected by this (e.g. lost rent from a subsequent impossible rental).

9.13 The CUSTOMER may (if agreed in the rental contract) only use the rental object to the extent that this does not exceed the kilometre limit.

9.14 The CUSTOMER must allow FANVAN to inspect the rented item and notify the location.

9.15 In the event of an attempted attachment, seizure, execution and the like, the CUSTOMER shall point out FANVAN 's right of ownership and notify FANVAN immediately.

9.16 The CLIENT must immediately report any damage to the rental item as well as damage to other persons or property to FANVAN. Any modification to the rented item and any repair may only be carried out with the written consent of FANVAN. FANVAN shall specify the workshop, the type of repair and the materials to be used.

10 Obligation of the CLIENT to cooperate in the event of damage.

10.1 In the event of damage involving the hired object, the CUSTOMER shall

10.1.1 to inform FANVAN immediately and to follow its instructions,

10.1.2 to complete an accident report truthfully and to document the incident properly with photographs and the names (first and last name) and addresses of all parties involved and witnesses, as well as to cooperate in establishing the incident and its consequences,

10.1.3 to avert imminent damage and to keep any damage incurred as low as possible,

10.1.4 to render assistance in the event of personal injury or to provide assistance to others and to notify the nearest local police and ambulance immediately,

10.1.5 not to make any admission of liability or similar promises or declarations,

10.1.6 to send FANVAN the police documents and the accident report with all photos and documentation,

10.1.7 in the event of damage caused by theft, robbery, unauthorised use, fire, explosion, damage caused by game, collision with an unknown vehicle and damage caused by vandalism, immediately report the incident to the nearest local police,

10.1.8 to lock the rented item or (if this is not possible) to arrange for its transfer (towing, etc.) to a secured area as instructed by FANVAN,

10.1.9 to report the initiation of administrative or judicial proceedings to FANVAN within three days and to contribute to the determination of the facts,

10.1.10 not to have repairs carried out until FANVAN has given its written consent.

10.2 The breach of the CUSTOMER's obligations to cooperate and FANVAN 's instructions may lead to the loss of the insurance benefit. In this case, the CLIENT shall be solely and exclusively liable for the damage caused and shall fully indemnify and hold FANVAN harmless.

 11 Return.

11.1 The CLIENT must return the rental object to FANVAN at the agreed time and place. In the event of a late handover, the CLIENT shall owe an amount of EUR 40.00 per hour or part thereof as a usage fee. Compensation for damages in excess of this (in particular in the event that a subsequent rental is prevented) shall remain unaffected by this.

11.2 At the end of the rental contract, the CLIENT shall return the rental object to the agreed location with a full tank of fuel and completely cleaned inside as well as vacuumed and washed outside (self-service laundry) in the same good condition as when it was handed over (taking into account normal wear and tear). If the rental object is not returned with a full tank, the CLIENT shall owe the costs for filling up the tank as well as a handling fee of EUR 4.00 per litre of the missing fuel. If the rental object is returned soiled (in the interior or the bodywork), the CLIENT shall owe the costs of cleaning as well as a handling fee of EUR 50.00 per hour or part thereof. These costs will be retained from the deposit and deducted.

11.3 FANVAN and the CLIENT must complete a return protocol in which any obvious damage and excessive wear and tear must be documented. Undocumented damage and excessive wear and tear do not constitute a waiver by FANVAN of the assertion of (in particular hidden) damage to the rental object or other claims against the CLIENT.

11.4 The CLIENT is not entitled to retain the rental object.

 12 Liability.

12.1 Several CUSTOMERS and drivers are jointly and severally liable to FANVAN in the event of their liability for damages. The CUSTOMER shall be responsible for the conduct of the other drivers and passengers as if the conduct had been committed by the CUSTOMER.

12.2 FANVAN accepts no liability for personal belongings of the CUSTOMER carried in the rented item.

12.3 Liability for property damage and financial losses of the CLIENT caused by slight negligence is excluded. In the case of an obligation to pay compensation that nevertheless occurs, the liability for slight negligence on the part of FANVAN is limited to the amount of the net rental fee. In the event of premature termination, interruption or abandonment of the journey through no fault of FANVAN, FANVAN assumes no liability in particular for frustrated costs of the CLIENT, a loss of holiday enjoyment or costs for the overnight stay or return journey of the CLIENT, the other occupants and the luggage. FANVAN shall not be liable for any costs incurred by the CUSTOMER due to a short-term unusability of the rented item (e.g. idle time during a repair).

12.4 FANVAN accepts no liability for tyre damage and gas accidents.

12.5 FANVAN accepts no liability for penalties (in particular from administrative offences), fines, fees and the like of the CLIENT arising from the use of the rental object. The CLIENT must reimburse FANVAN immediately for any fines paid.

12.6 FANVAN accepts no liability for the conduct of the CLIENT, the drivers and passengers. The CLIENT is liable as the sole keeper of the rented item (in particular in the event of an accident while operating the rented item) itself towards third parties and shall fully indemnify and hold FANVAN harmless in the event of accidents from all conceivable obligations, liabilities (in particular under the EKHG) and the like.

12.7 In the case of a mutual business transaction, FANVAN assumes no liability for consequential damages and loss of profit. In the case of a mutual business transaction, the CLIENT must prove the existence of gross negligence on the part of FANVAN and the liability of FANVAN is limited to the amount of the net rental fee. In the case of a mutual business transaction, the CLIENT's claims for compensation shall become statute-barred 6 months after knowledge of the damage and the damaging party, in any case 5 years after performance of the service or delivery.

12.8 The CLIENT is liable to FANVAN for any damage caused as a result of the breach of an obligation arising from these AMB and from the rental agreement. In particular, the CLIENT shall be liable to FANVAN for any damage caused by wilful conduct, under the influence of alcohol, drugs or other substances restricting the ability to drive, excessive speed, other violation of local road traffic regulations or incorrect use of fuel, as well as the costs of a necessary return transport of the rented item at the registered office of FANVAN.

12.9 The CUSTOMER shall be liable to FANVAN for the necessary costs arising from the production of replacement keys in the event of damage, loss, theft or inclusion in the rental item.

12.10 The CLIENT is liable to FANVAN for the delivery of the rental object in the agreed condition. The CLIENT shall reimburse FANVAN for the necessary costs of restoration in the event of excessive wear and tear of the rented item. If a repair of camping accessories should not be possible or uneconomical or if these should be lost, perished or stolen, the CLIENT has to compensate the replacement value.

12.11 The CLIENT shall be liable to FANVAN for the entire damage (positive damage, financial loss, and loss of profit) incurred by FANVAN due to a culpably delayed handover or handover in a non-agreed condition (such as lost rent from a subsequent rental).

 13 Place of performance, choice of law, place of jurisdiction.

13.1 Unless otherwise agreed in writing, the place of performance shall be the registered office of FANVAN in A-2100 Korneuburg.

13.2 Austrian substantive law shall apply to these AMB and all contracts to which these AMB are applicable. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contractual language is German.

13.3 For any disputes about the conclusion of the contract as well as from or on the occasion of contracts concluded between FANVAN and the CLIENT, the (in contracts with entrepreneurs exclusive) local jurisdiction of the court with subject-matter jurisdiction at the registered office of FANVAN is agreed. For actions against a CUSTOMER as a consumer, the court in whose district the domicile, the habitual residence or the workplace of the consumer is located shall have exclusive jurisdiction.

Cancellation policy

The camping bus is rented for leisure purposes for a limited period of time. If you, as a consumer, place the order via the website or otherwise in distance selling, you are not entitled to withdraw from the contract pursuant to section 18(1)(10) of the FAGG because the service is for a leisure event that takes place at a time that is limited in advance.

 Withdrawal from doorstep selling.

If you, as a consumer, have not made your contractual declaration either on the premises permanently used by us for our business purposes or at a stand used by us for this purpose at a trade fair or market, you may withdraw from the contract application or from the contract.

This withdrawal can be declared up to the conclusion of the contract or thereafter within 14 days. The withdrawal period begins with the conclusion of the contract. If you withdraw from the contract, you have

• we will reimburse you for all services received together with statutory interest from the date of receipt and reimburse you for necessary and useful expenses incurred on the item,
• you to return the services received and to pay us an appropriate fee for the use, including compensation for any associated reduction in the fair market value of the service (the taking of the services into your custody is not in itself a reduction in value).

If it is impossible or impracticable to return the services already provided by us, you shall compensate us for their value insofar as our services provide you with a clear and predominant advantage.

You do not have the right to withdraw

• if you yourself have initiated the business relationship with us or our agents for the purpose of concluding this contract,
• if the conclusion of the contract was not preceded by discussions between you and us,
• in the case of contracts subject to the Distance and Outward Transactions Act (FAGG),
• in the case of contractual declarations made by you in our physical absence, unless you have been urged to do so by us.

In order to exercise your right of withdrawal, you must inform FanVan GmbH, 2100 Korneuburg, Teiritzstraße 2 of your decision to withdraw from this contract in due time. The withdrawal does not require any particular form. In order to comply with the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal deadline.

FanVan GmbH