Rental Terms and Conditions for motorhomes*
Dear Hirer, your contract partner is the respective local rental station that will hand the vehicle over to you. Therefore, upon conclusion of a contract on the booking of a motorhome, the following Rental Terms and Conditions (to the extent effectively agreed) will become part of the contract coming about between the partners and licensees of McRent Holding GmbH, i.e. the respective local rental station (herein after referred to as the „Rental Firm“) and you. Please read these Terms and Conditions of Business carefully.
(*Translation only. The only legally binding version of this document is the German one.)
1. Scope, contents of contract, jurisdiction
1.1 The following Standard Terms and Conditions [AGB] of McRent, its partners and licensees (hereinafter referred to as "the Rental Company") apply exclusively. Terms and conditions of the Hirer which contradict or deviate from the Standard Terms and Conditions of the Rental Firm will not be recognised. The Standard Terms and Conditions of the Rental Firm will apply even if the Rental Firm hires the motorhome out to the Hirer without reservation, knowing that terms and conditions of the Hirer contradict or deviate from these Standard Terms and Conditions.
1.2 The sole subject of the contract with the Rental Firm is the hiring out of the motorhome. The Rental Company is under no obligation to provide travel services, and in particular no package of travel services.
1.3 The contract concluded between the hirer and the renter(s) as a result of the booking process shall be governed exclusively by Italian law.
1.4 All agreements between the Rental Firm and the Hirer must be concluded in writing.
2. Minimum age, authorised drivers
2.1 The Hirer and any other driver must be at least 21 years old. For vehicles above 3.5 tons the minimum age is 21 years. The Hirer and any other drivers must have been in possession of a Class III / Class B or comparable national driving licence for at least one years - for vehicles above 3.5 tons not less than 3 years – corresponding to the weight of the vehicle. The delivery of the Vehicle requires the presentation by the Hirer and/ or driver(s) of the driver’s license and the valid identification card/passport at the time of taking possession. If a delay in taking possession occurs due to the non-presentation of said documents, such delay shall be at the expense of the Hirer. If such documents cannot be presented at neither the agreed time for taking possession, nor within a reasonable grace period thereafter, then the Rental Company shall be entitled to withdraw from the contract. The cancellation provisions set forth in section 4 shall apply. The Rental Company or the official authorities of the country may require the presentation of an international driver’s license (for non-EU citizens).
2.2 Please note that some of the Rental Firm‘s vehicles have a total weight of more than 3.5 tonnes and that to drive these vehicles an appropriate driving licence is required. Those in possession of a Class B driving licence must consult the Rental Firm about the engine size and the technically permissible total weight of the vehicle rented. If, upon renting, a respective driving licence cannot be presented, the motorhome shall be regarded as not collected. In such case, there shall mapply the respective terms of cancellation (see 4.2).
2.3 The vehicle may only be driven by the Hirer and the drivers named at the time of hiring.
2.4 The Hirer is under an obligation to record the names and addresses of all drivers to whom he entrusts the vehicle, for however short a time, and supply this information to the Rental Company on request. The Hirer bears the same responsibility for the actions of any driver to whom he supplies the Vehicle as for his own.
3. Hire charges and their calculation, rental period
3.1 The hire charges applicable are those stated in the version of the Rental Company’s price list in force at the time the contract is concluded. Any prescribed minimum rental period applicable during particular travel periods is likewise indicated in the version of the Rental Company’s price list current at the time the contract is concluded. The respective minimum rental period is shown in the current price list. The prices applicable are those for the season indicated in the price list within which the rental period booked falls. A one-off lump-sum service charge will be made for each rental. The amount of this is also indicated in the version of the Rental Company’s price list current at the time the contract is concluded.
3.2 The included services can be found in the current price list of the respective country.
3.3 The daily rates applicable will be charged for each 24-hour period completed or commenced during the rental period. The rental period will begin when the Hirer takes possession of the Vehicle at the rental station and end when the rental station employee takes it back.
3.4 If the Vehicle is returned after the time agreed in writing, the Rental Company will charge a fee according to the actual valid pricelist (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the Rental Company on the grounds that a Vehicle was supplied late must be borne by the Hirer.
3.5 If the Vehicle is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid unless the Vehicle can be hired out to someone else.
3.6 The Vehicle will be supplied with a full tank and must be returned in the same condition. Otherwise, the Rental Company will charge diesel fuel according to the current price list (www.mcrent.eu/rental-conditions/). Fuel, AdBlue and running costs during the rental period must be borne by the Hirer.
3.7 Participation in festivals and other events is only permitted with the express consent of the Rental Company.
4. Reservation, rebooking and Cancellation
4.1 Reservations are only binding after they have been confirmed by the Rental Company as described in Subsection 4.2, and then only for vehicle groups, not for vehicle types. This will apply even if a specific vehicle type is mentioned as an example in the description of the vehicle group. The Rental Company reserves the right to upgrade the client to an equivalent or superior Vehicle
4.2 To confirm the booking a deposit of 30% of the rental charge, with a minimum of € 300 must be paid. After receiving the payment, a booking confirmation will be sent to the Hirer. Only then will the reservation become binding on both parties. If the Hirer exceeds this deadline written in the offer the Rental Company will cease to be bound by the reservation. The cancellation must be made in writing.
4.3 Changes may be made to a reservation confirmed to the Hirer from the date of reservation until at least 60 days before the agreed commencement of the rental period, as long as the Rental Company has alternative capacity, and the alternative booking corresponds in amount to the first. Rebooking is only possible in the same calendar year and at the same station, a change of station is not possible in case of rebooking. Later changes of bookings are not possible. If the booked travel period is shortened/reduced, the above-mentioned cancellation conditions apply to the cancelled nights. Each rental amendment will be charged according to the valid price list. After the conclusion of the contract, the Hirer is not entitled to any changes with regard to the beginning of term of rental.
4.4 If the Rental Company cannot provide the rental vehicle of the booked vehicle group on the planned pick-up date, the Rental Company reserves itself the right to:
a) provide a vehicle of an equal or higher category. If the Rental Company provides a vehicle of an equal or higher category, the hirer shall not be entitled to cancel the rental contract.
b) If a vehicle of an equal or higher category cannot be made available either, the Rental Company is entitled to rebook the customer to a vehicle of a lower category. The Rental Company shall reimburse the Hirer for the difference in price to the rental charge already paid by the Hirer in advance. If the Rental Company provides a vehicle of a lower rental category, cancellation of the rental contract by the Hirer is excluded.
c) If the Rental Company is unable to provide a replacement vehicle, the Rental Company is entitled to offer a rental from another rental station. In this case, the current daily prices for the rental vehicle at the new rental station shall apply. Possible additional costs are to be borne by the hirer.
d) If the Rental Company cannot provide a replacement vehicle and the Hirer does not accept a rental offer from another rental station, the Rental Company reserves itself the right to cancel the booking free of charge. The Rental Company shall reimburse the Hirer for any payments already made.
This provision shall apply, amongst other things, in the event of delays in delivery or nondelivery of the rental vehicle, as well as destruction of the vehicle due to force majeure, weather conditions, explosion, fire, theft, burglary, amended legal regulations or other amended regulations.
5. Terms of payment, security deposit
5.1 The predicted hire charge, calculated based on the booking details, must be received at least 40 days before the commencement of the hire in an account of the Rental Company to be notified to the Hirer, free of any charges.
5.2 All prices and charges are calculated in EURO. The rental price can also be paid with the following credit or debit cards: VISA, VISA Electron, MasterCard, Maestro.
5.3 The security deposit of € 1100 must either be received together with the hire charge in the Rental Company’s account at the latest when the Vehicle is collected (MasterCard, Visa). A payment of the deposit with Prepaid Credit Cards or cash is not possible. The Hirer has to pay the deposit.
5.4 In the case of short-notice bookings (less than 40 days before hire commencement), the total hire charge will be due immediately.
5.5 The Rental Company will reimburse the security deposit after the final rental account has been settled, as long as the Vehicle is returned as required. Any charges incurred in addition to the hire charge paid in advance by the Hirer will be deducted from the security deposit when the Vehicle is returned.
5.6 If the Hirer defaults on payment, interest will be charged in accordance with the statutory regulations in force.
6. Collection, return
6.1 Before taking the wheel, the Hirer is under an obligation to take part in a detailed introduction to the vehicle by the Rental Firm‘s experts at the collection centre. On that occasion, there is drawn up a detailed report (Pick Up) of delivery describing the condition of the vehicle that is to be signed by both parties. The Rental Company is entitled to refuse to hand over the vehicle until this introduction has taken place. If handover is delayed due to the fault of the Hirer, he must bear any costs incurred as a result.
6.2 On returning the vehicle, the Hirer is under an obligation to carry out a final examination of it together with rental station staff, with a written return report (Drop Off) to be prepared and signed by the Rental Company and the Hirer. Any damage not specified in the report of delivery that is detected upon return of the vehicle shall be at the renter‘s expense.
6.3 Regular vehicles handovers take place Monday to Friday in the afternoon, returns take place Monday to Friday in the morning. you can find your booked pick up time on your booking confirmation. Pick up and Drop Off times as shown in the rental contract are binding. On Saturdays collection and return are only possible by prior arrangement. This will incur an additional charge, to be agreed. The days of collection and return will be charged together as a single day, as long as a total of 24 hours is either not exceeded or only exceeded due to the fault of the Rental Company.
6.4 The vehicles are delivered with a clean interior and are to be returned by the Hirer in the same condition as are received. Should the interior not be in the same clean condition as received, the renter will be liable for the cleaning fee.
Mandatory Online Check-In
All customers have to do the thr Online Check-In at: https://www.mcrent.eu/online-check-in no later than 14 days before Pick-Up. In case of a last minute rental the customers have to do the Online Check-In immediately after having received the booking confirmation.
7. Prohibited use, duty of care
7.1 The Hirer is prohibited from using the Vehicle as follows: to participate in motor sport events and Vehicle tests, to transport easily inflammable, poisonous or otherwise dangerous substances, to commit Customs or other criminal offences, even if these are only punishable according to the law applicable in the place where the offence was committed, for rental to a third party or for the commercial transport of passengers or for any other use going beyond that agreed by contract, in particular driving on terrain not intended for the purpose.
7.2 The vehicle must be treated carefully and appropriately and properly locked on all occasions. The regulations and technical rules applicable to its use must be complied with. Its running condition, in particular oil and water levels and tyre pressure, must be monitored. The Hirer undertakes to check regularly to make sure that the vehicle is in a roadworthy condition.
7.3 All vehicles are non-smoking vehicles. This means that you may not smoke in any part of the vehicle. Pets may only be brought along subject to the Rental Company's explicit approval. Cleaning expenses caused by non-compliance with regulations must be borne by the lessee. Any costs which may be incurred by deventilation or for elimination of contamination with smoke, including lost profits resulting from temporary non-availability of the vehicle for hire owing to these circumstances, shall also be borne by the Hirer.
7.4 If evidence of violation of the provisions in the aforementioned paragraphs 7.1, 7.2 and 7.3 can be provided, the Rental Company may terminate the lease without notice.
7.5 As mentioned above, participation in festivals and other events is only permitted with the express consent of the Rental Company.
8. What to do in the event of an accident
8.1 After an accident, theft or damage by fire or collision with a wild animal, the police must be informed immediately and also the Rental station (for Telephone Number see rental contract), at the latest immediately after the working day following the day of the accident/incident. It is not permitted to accept any third-party claims as valid.
8.2 Even in the case of very slight damage, the Hirer must prepare a detailed written report for the Rental Comapny, including a sketch, stating the circumstances, date, place and time of the damage, as well as the names and addresses of the witnesses and persons involved, your policy numbers and the names of your insurance companies, and the registration numbers of the vehicles involved.
8.3 If, for whatever reason, the renter fails to draw up such report and if, because of that, the insurance company refuses to pay the damage, the renter shall be obliged to pay full compensation for the damage.
8.4 The accident report must be completed in full and signed and handed over to the Rental Company at the latest when the vehicle is returned.
9. Journeys abroad
Journeys abroad but within Europe are permitted. Journeys to countries outside of Europe are subject to the prior approval of the Rental Company. Journeys to areas affected by war or crisis are prohibited.
10. Defects in the motorhome
10.1 Any claims to compensation by the Hirer on the basis of defects for which the Rental Firm is not responsible are hereby excluded.
10.2 Any defects in the motorhome or its fittings/equipment which are discovered after the commencement of the hire must be reported to the Rental Firm in writing by the Hirer by returning of vehicle. Claims for damages based on subsequently notified defects shall be excluded unless the claim is based on a defect which is not patent.
11. Repairs, substitute vehicle
11.1 Repairs which are necessary in order to maintain the vehicle in a good working and roadworthy condition during the rental period may be ordered by the Hirer up to € 150 without consultation. Repairs going beyond this may only be ordered with the consent of the Rental Company. The Rental Company will bear repair costs on production of the original invoices and the parts replaced, as long as the Hirer is not liable for the damage pursuant to Section 12 below.
11.2 If a defect for which the Rental Company is responsible makes such a repair necessary, and if the Hirer does not rectify the defect on his own initiative, the Hirer must notify the Rental Company of the defect immediately and set a reasonable deadline for its repair. Any circumstances specific to a particular country (e.g. infrastructure) which delay the repair must be taken into account here to avoid disadvantage to the Rental Company.
11.3 If the vehicle is destroyed without any fault on the part of the Hirer or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, the Rental Company will be entitled to supply the Hirer with an equivalent substitute vehicle within a reasonable period. If the Rental Company supplies an equivalent substitute vehicle, any termination by the Hirer is excluded. If in such a case the Rental Company offers a motorhome from a lower price class and this is accepted by the Hirer, the Rental Company will reimburse to the Hirer the difference between this and the price already paid in advance by the Hirer. If no replacement vehicle can be provided, the Rental Company may cancel the contract.
11.4 If the vehicle is destroyed due to the renter‘s fault or if it is foreseeable that its use will be prevented or made impossible for an unreasonably long period due to the renter‘s fault, the rental Company may refuse to make a replacement vehicle available. In such a case, termination of the contract by the renter is excluded. If the rental Company provides a replacement vehicle, it can charge the renter with the transfer costs incurred.
12. Hirer‘s liability, insurance
12.1 The renter or the driver designated by the rental contract is covered for civil liability in the event of an accident by the MTPL insurance. The lessee or the driver designated by the rental contract may be liable in law for damage caused which cannot be covered by MTPL insurance.
12.2 In accordance with the principles of the comprehensive motor insurance, the Rental Company will indemnify the Hirer from liability subject to an excess of € 1,100 per damage to be borne by the Hirer in case of damage subject to full comprehensive motor insurance per case of damage.
12.3 The indemnity against liability described in Subsection 12.1 will not apply if the Hirer causes a loss/damage deliberately or by gross negligence.
12.4 If the Hirer causes loss/damage culpably, he will additionally be liable in the following cases:
- if loss/damage was caused by impaired ability to drive due to drugs or alcohol
- if the Hirer or a driver to whom the Hirer has supplied the vehicle leaves the site of an accident without justification
- if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount
- if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount
- if loss/damage is due to usage prohibited by Subsection 7.1
- if loss/damage is due to a breach of an obligation imposed by Subsection 7.2
- if loss/damage is caused by an unauthorised driver to whom the Hirer has supplied the vehicle
- if loss/damage is due to a failure to take account of the vehicle‘s dimensions (height, width).
- if loss/damage is due to a failure to comply with load regulations
- if damage is caused by the use of the wrong fuel (Incorrect refuelling), if water, AdBlue or oil is not refilled and warning indicators in the vehicle have been disregarded; the insurance does not cover the damages. This also counts for interior damages and incorrect operation of for instance awning, water, AdBlue and fuel tank.
12.5 To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the Rental Firm will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.
12.6 Personal property of the Hirer, which is damaged - or lost - as a result of an accident or theft is not insured.
12.7 The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Company in connection with the use of the vehicle, unless these are incurred due to the fault of the Rental Company. The Rental Company reserves the right to deduct the fees, charges, fines and penalties from the clients’ credit card. Additional handling charges are subject to the dis- played pricing lists at the rental stations.
12.8 More than one Hirer will be generally and severally liable.
13. Rental Company‘s liability, expiry by limitation
13.1 The Rental Company bears unlimited liability for deliberate action and gross negligence. In the case of simple negligence the Rental Company is only liable for foreseeable loss/damage typical of the type of contract concerned where there is a breach of an obligation the meeting of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). This standard of liability also applies in cases of obstacles to performance at the time of the conclusion of the contract.
13.2 The above limitations and exclusions of liability do not apply to claims under the terms of the German Product Liability Act or to claims based on injury to life, limb or health or infringements of liberty.
13.3 Claims which are not excluded according to paragraph 13.1 but were only limited in scope shall become statute-barred within a year of the end of the year of the claim being created and the circumstances justifying the claim and the debtor’s identity being disclosed to the creditor or the creditor, without gross negligence, being considered to be aware of such circumstances or identity. With the exception of claims for damages which are based on loss of life, physical injury, health hazards or the loss of freedom and claims based on the product liability act, claims for damages shall become statute-barred - with no consideration being given as to whether the creditor was aware of the circumstances and identity or, without gross negligence, should have been aware of such circumstances and identity - within five years of the end of the year in which the claim was created.
13.4 The Rental Company Terma and conditions apply. These are provided at the rental depot during pick-up and are published on our website. Additional price lists are published in each Rental Station.
14. Storage and forwarding of personal data
14.1 The Hirer agrees to the Rental Company storing personal data. The Hirer is informed that the personal data processed in connection with the rental of motorhomes are the personal data contained in the identity card/passport and driving licence, the basis for the processing of such data being the conclusion of the rental contract for the motorhome.
14.2 The purposes of the processing of personal data are the conclusion and execution of the rental contract, the verification of the existence of the right to drive and the communication of this information to the public authorities in the event of traffic incidents or to insurers, the correspondence with possible requests from authorities authorised by law to request data on the identity of drivers or vehicles (such as police authorities, etc.), the protection of the Lessor's assets. The data may be disclosed to the authorities responsible for law enforcement if the tenant has committed a criminal offence or if there are sufficient indications of such an offence. This is the case, for example, in the event of false information when concluding the rental contract, presentation of false identification documents, loss or non-return of the vehicle, violation of traffic regulations, etc.
15. GPS Tracking System
The Rental Company´s Vehicles can be equipped with GPS Tracking Systems.
16. Legal venue
For all disputes arising out of or in connection with the hire contract for the Vehicle, it is hereby agreed that if the Hirer has no general legal venue in this country the legal venue will be that of the rental station concerned.
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