General Rental Conditions for PIA Campers

(Version 4/2022)

Scope of application
1. These General Rental Terms and Conditions apply to all business relationships between Porsche Inter Auto GmbH & Co KG (hereinafter referred to as ‘PIA’) and its customers, insofar as the subject of the respective business relationship is the temporary hire or use of a standard Volkswagen California or a Volkswagen Transporter with customised interior fittings and, where applicable, accessories (hereinafter referred to as ‘PIA Camper’) (hereinafter referred to as ‘Tenant’). Unless otherwise expressly agreed in writing in individual cases, these General Rental Terms and Conditions shall apply. The application of mandatory statutory provisions and regulations as well as any commercial practices shall remain unaffected.
2. Reservations, bookings and/or other business transactions of any kind, in particular those made verbally or by telephone and/or accepted by PIA verbally or by telephone, are subject to the inclusion and application of these General Terms and Conditions.
3. Representatives appointed by the Tenant shall in any case be authorised to agree to these General Terms and Coditions with legal effect and to make legally binding declarations on behalf of the Tenant in the course of the business transaction.
Object of the contract
1. By concluding a rental agreement, the Tenant receives the right to use the PIA Camper for the agreed duration and to the extent agreed in the contract. In particular, this entitles PIA to payment of the rental fee and other contractually agreed fees.
2. The subject of the rental contract is only the rental of a PIA camper, but not the provision of other travel services, such as the transport and/or accommodation of a person and/or other tourist services. The statutory provisions of the Package Travel Act therefore do not apply. The Tenant shall carry out their journey independently and use the PIA Camper on their own responsibility.
3. When the PIA Camper is handed over or returned, a handover and return protocol must be completed in full and signed. These two protocols are integral parts of the rental contract.
Minimum age of driver, driving licence
1. The driver must be at least 18 years of age and have been in possession of a valid driving licence for the respective vehicle category in Austria for at least one year. The tenant must ensure that only persons who fulfil the above conditions drive the PIA Camper.
2. The presentation of the driving licence by the Tenant and other drivers registered according to the retal contract upon rental and/or at the time of handover is a prerequisite for the handover of the PIA Camper. If the handover is delayed due to a failure to present the drivng licence, this shall be at the expense of the Tenant. If the driving licence cannot be presentet either at the agreed time of handover or within a reasonable grace period, PIA shall be entitled to withdraw from the contract.
Fees and payment terms
1. The rental price is based on the price valid at the time the contract is concluded or on the agreements in the rental contract. A reasonable number of kilometres of mileage per day of rental is deemed to be included. Fuel costs as well as costs for any extraordinary consumption of operating materials (such as AdBlue or engine oil), tolls, parking, camping, parking space and ferry fees as well as administrative fines and other costs that are the responsibility of the:tenant:in shall be borne by the:tenant:in. The PIA Camper must be returned with a full tank; otherwise, refuelling costs will be charged at the current tank rate plus a handling fee of € 29.00 (incl. VAT). The rental price covers the costs of insurance cover, maintenance, oil consumption (to a customary extent), the Austrian motorway toll sticker and wear and tear repairs.
2. An additional one-off service fee of € 120.00 (incl. VAT) is charged for each hire. This includes, among other things, the handover of the PIA camper ready for use and a detailed briefing.
3. If the receivables from the rental contract are paid by credit card, the signature of the cardholder is deemed to be an authorisation to debit the entire invoice amount from the relevant account with the credit card organisation. This authorisation shall also apply to subsequent charges resulting from damages culpably caused by the Tenant (up to a maximum of the contractually agreed deductible) as well as administrative fines, including consequential costs attributable to the Tenant (in particular towing costs).
4. In the event of late payment, PIA shall be entitled to charge interest on arrears at the statutory rate as well as any reminder, collection and legal fees, insofar as they serve the purpose of legal prosecution. In addition, PIA is released from all further obligations and authorised to withhold outstanding services and to demand advance payments or securities or - if necessary after setting a reasoable grace period - to withdraw from the contract. Moreover, the Tenant may be excluded from further rentals with PIA.
Insurance cover
1. PIA shall take out fully comprehensive insurance for the PIA Camper with a deductible of € 800.00 per claim. The Tenant may reduce the deductible of the fully comprehensive insurance by making use of a " carefree package" for a fee.
2. The insurance premium for the agreed period of use of the PIA Camper shall be brne by the Tenant.
Reservation and payment conditions
1. Reservations are only binding after written confirmation of the reservation by PIA. With the written reservation confirmation, the Tenant is entitled to a PIA camper in the booked category, unless the provision of another PIA camper is permitted. There is no entitlement to a specific floor plan.
2. The Tenant must pay the full rental price for the entire duration of the rental when booking the PIA Camper. In the event of late payment and/or insufficient funds in the means of payment specified at the time of booking, PIA may withdraw from the contract following a reminder and the fruitless expiry of a grace period for subsequent fulfilment.
Cancellation and rebooking
1. There is no general statutory right of cancellation for the rental of motor vehicles. However, PIA grants the tenant a contractual right of cancellation to the extent described below. In the event of withdrawal from the binding reservation, the following cancellation fees shall be due:
  - 20 % of the rental price from the 49th to the 30th day before the agreed start of the rental period,
  - 40 % of the rental price from the 29th to the 21st day before the agreed start of the rental period,
  - 60 % of the rental price from the 20th to the 14th day before the agreed start of the rental period,
  - 80% of the rental price from the 13th to the 7th day before the agreed start of the rental period;
  - 100% of the rental price from the 6th day before the agreed start of the rental period.
2. The date of cancellation shall be determined by the date of receipt of the written notice of cancellation by PIA. Non-acceptance/collection shall be deemed a cancellation.
3. If free capacities are available within the calendar year at the rental company named in the reseaervation confirmation, a rebooking is possible up to 30 days before the agreed start of the rental period at no extra charge, provided that the agreed rental period is not undercut. It is not possible to reduce the renal period after the booking has bee made.
Handover and return of the PIA Camper
1. The PIA camper must be taken over and returned to the PIA rental company named in the rental contract on the agreed date (taking the time into account).
2. A valid identity card (or other travel document) and a valid original driving licence must be presented when the PIA camper is handed over.
3. Together with PIA or the rental company, the tenant undertakes to check the PIA camper upon handover to ensure that it is free of damage and that the tank level and other fill levels are correct, that it is clean and that the accessories and inspection sticker are present. Any damage, missing parts, soiling and insufficient fuel levels detected by the tenant must be reported to the rental company before the start of the journey and will be noted by the rental company on the handover protocol.
4. Before the PIA camper is handed over, a detailed briefing will take place. PIA may withhold the handover of the PIA camper until the briefing has been completed. Delays in handover and costs caused by the Tenant shall be borne by the Tenant.
5. The tenant undertakes to return the PIA Camper at the end of the agreed period of use at the contractually agreed time, cleaned inside and out and in a recorded condition (according to the handover protocol) at the contractually agreed rental location. The emptying of the fresh water and/or grey water tank and, if applicable, the toilet are included in the interior cleaning. Any deviations from the recorded condition (according to the handover protocol) upon return of the PIA Camper shall be at the expense of the tenant. If the PIA Camper is not or insufficiently cleaned inside and/or outside when it is returned, a lump sum of € 190.00 (incl. VAT) will be charged. All PIA campers are non-smoking vehicles. In the event of non-compliance, PIA is entitled to charge a lump sum of € 250.00 for odour neutralisation. Any further claims for compensation by PIA remain unaffected.
6. Damaged or missing items (such as interior fittings and on-board tools) will be charged to the tenant if the tenant is responsible for the damage or loss.
7. If the tenant does not return the PIA Camper to PIA after the agreed period of use, or does not return it at the agreed time or at the agreed rental location, PIA shall be entitled to demand a usage fee in the amount of the agreed rental fee for the period of retention exceeding the duration of the contract. Any further claims for damages by PIA shall remain unaffected. The tenant undertakes to indemnify and hold PIA harmless for all disadvantages arising from the late or non-return of the PIA camper.
8. An extension of the rental period is only possible with the express written consent of PIA. The authorisation to use the PIA camper is only valid for the agreed period of use. Continued use after expiry of the rental period does not lead to an extension of the rental contract, even without express objection from PIA.
9. Returning the PIA camper before the end of the agreed rental period does not result in a reduction of the agreed amount of the rent.
10. PIA is entitled to demand the return of the PIA camper before the end of the agreed rental period for good cause by cancelling the rental agreement without notice. This shall not affect the tenant's right to extraordinary termination for good cause.
11. If the Tenant fails to fulfil their obligation to return th property even after further express request to do so or if PIA canot reach them, PIAresearves the right to press charges. Any costs incurred as a result shall be borne by th Tenant, unless the Tenant is not responsible for the breach of the obligation to return.
Replacement-PIA Camper
1. If the PIA camper in the booked category cannot be provided at the time of handover, PIA reserves the right to provide a comparable or larger PIA camper in terms of size and equipment (in particular the number of sleeping places). Any higher ancillary costs incurred as a result, such as ferry or toll fees and operating costs, shall be borne by the tenant. If legitimate interests of the Tenant conflict with this, the Tenant may refuse to accept a larger PIA Camper as a contractual service.
2. If the Tenant accepts an available replacement PIA Camper in a smaller category, PIA shall reimburse the resulting price difference between the two categories.
3. If the PIA Camper is destroyed through the fault of the Tenant or if it is forseeable that its use will be restricted or impossible due to circumstances for which the Tenant is responsible, PIA may refuse to provide a replacement PIA Camper.
Obligations of the Tenant
1. Except in emergencies, the PIA Camper may only be driven by the tenant or the driver specified in the rental agreement. The Tenant must appear in person to collect the PIA Camper. The tenant is obliged to provide PIA with the names and addresses of all drivers of the PIA camper and to provide a copy of their driving licence and identity card (or other travel document).
2. Before handing over the PIA Camper to another driver, the tenant undertakes to check whether the driver is in a roadworthy condition and in possession of the required and valid driving licence at the time of use and is not subject to a driving ban. Furthermore, the tenant is obliged to inform the driver of the validity and content of these General Rental Terms and Conditions.
3. The PIA Camper must be treated carefully and properly (this includes in particular checking the oil and water levels as well as the tire pressure and the use of the prescribed fuel), operated properly and in accordance with the specifications and locked properly. The steering wheel lock must be engaged when leaving the PIA camper. When leaving the PIA camper, the Tenant must take the vehicle keys and vehicle documents and keep them inaccessible to unauthorized persons. The relevant regulations, load requirements, vehicle dimensions (height, width) and technical rules must be observed. The Tenant undertakes to regularly check that the PIA camper is in a roadworthy and operationally safe condition.
4. It is forbidden to use the PIA camper:
  - to participate in motorsport events and vehicle tests;
  - for the transport of explosive, highly flammable, toxic, radioactive or otherwise dangerous substances;
  - to commit customs and other criminal offenses, even if these are only punishable under the law of the place of crime;
  - for subletting or lending;
  - for purposes that result in excessive strain on the PIA Camper;
  - for commercial passenger or long-distance transport;
  - for driving school exercises, off-road driving;
  - for uses that go beyond the contractual use, especially on areas not intended for driving.
5. For the purpose of covering the temporary housing requirements, the PIA camper must only be parked in areas expressly designated for this purpose and/or areas permitted in accordance with the locally applicable regulations (e.g. regulations, laws).
6. Trips are permitted in the federal territory of the Republic of Austria and in Europe in the geographical sense, but in any case in the territory of those states that have signed the Agreement between the National Insurance Offices of the Member States of the European Economic Area and other associated states of May 30, 2002, OJ No. L 192 of 31 July 2003, p.23, is admissible. The Tenant and driver must independently inform themselves about traffic regulations and laws of the countries visited during the rental period as well as the transit countries and comply with the applicable traffic regulations.
7. If the PIA Camper is no longer roadworthy (due to a breakdown or accident), the Volkswagen Mobility Guarantee should be contacted (within Austria: 01 86 666, outside Austria: +43 1 86 666). This supports the Tenant in the further procedure. Otherwise, repairs may only be commissioned with the express and written consent of PIA.
8. PIA will only reimburse the resulting and approved repair costs upon presentation of the relevant evidence and receipts in the original, provided that the Tenant is not liable for the defect underlying the repair in accordance with the rental conditions.
9. The Tenant is not allowed to make any technical changes to the PIA Camper. The Tenant is not authorized to change the appearance of the PIA camper, in particular to add paint, stickers or adhesive films.
10. Bringing dogs is permitted upon payment of a flat rate of €79.00 (including VAT). When booking, the Tenant must indicate whether they intend to take a dog with them. In addition, pets may only be taken with you with the express written consent of PIA. Pets may only be taken in suitable PIA campers with permitted safety devices/equipment to be provided by the Tenant/driver. The Tenant/driver is responsible for compliance with the relevant animal welfare, transport, vaccination and transit/entry regulations. Pets can lead to a special cleaning for a fee according to the price list, especially if the PIA camper smells like an animal and/or animal hair and/or animal excretions are present. Cleaning costs resulting from non-compliance/violation as well as lost profits due to temporary non-rentability are borne by the Tenant.
11. The Tenant undertakes to inform PIA immediately and without request of any change in his billing address after conclusion of the rental agreement and until the rental agreement has been completed. In addition, the Tenant undertakes to disclose the name and address of an authorized or unauthorized driver of the PIA camper, provided that PIA has a legitimate interest in disclosure, particularly in the event of damage to the driver.
12. Children under 12 years of age are only permitted to travel with officially approved child seats selected according to height, age and weight on suitable and approved seats.
13. In the event of any violations, the Tenant can be excluded from further rentals with PIA.
Behavior in the event of an accident or damage
1. The tenant/driver must immediately call the police and notify PIA after an accident or in the event of fire, theft, wildlife or other damage. The Tenant/driver may not leave the scene of the accident until he has fulfilled his obligation to clarify the facts or incident and to establish the necessary facts within the framework of the legal requirements.
2. In addition, the Tenant must immediately inform PIA in writing of all details of the accident or damage event, including minor damage. The accident/damage report must in particular contain the names and addresses of the people involved and any witnesses, as well as the official license plates of the vehicles involved. Claims for damages from others involved in the accident may not be accepted. Any other damage or special incidents related to the PIA Camper must also be reported immediately, at the latest when it is returned.
3. Once the facts of the accident have been establishedad clarified with all those involved and the local authorities, as well as in the event of a breakkdown, the Volkswagen Mobility Guarantee should be contacted (within Austria: 01 86 666, outside Austria: +43 1 86 666). This supports the Tenant in the further procedure.
Liability of PIA
1. PIA is liable for all damages as long as there is coverage within the scope of the insurance taken out for the PIA camper. For damage not covered by insurance, PIA's liability for property damage and financial loss is limited to intent and gross negligence. This limitation of liability also applies to employees, legal representatives and vicarious agents of PIA. The limitation of liability does not apply to a legally prescribed liability regardless of fault on the part of PIA or in the event of injury to life, body or health by PIA, a legal representative or a vicarious agent.
2. PIA assumes no liability for items that were brought in by the Tenant and/or driver of he PIA Camper and/or other accompanying persons or that are left behind and/or forgotten when the PIA Camper is returned.
Liability of the Tenant
1. The Tenant is liable to PIA for damage and loss of the PIA Camper as well as any additional damage due to the breach of contractual obligations, insofar as the Tenant is responsible for the damage or loss.
2. In the event of slight negligence, the Tenant is only liable during the agreed period of use up to the contractually agreed deductible per case of damage, unless these conditions stipulate further liability. If the Tenant defaults on returning the PIA camper, he/she is fully liable for all resulting damages from the time the default occurs in accordance with the legal requirements.
3. The limitation of liability to the contractually agreed deductible does not apply to damage caused intentionally by the Tenant. In this case, the Tenant is liable for the full amount of damage. In the event that the Tenant causes the damage through gross negligence during the agreed period of use, the Tenant is liable to PIA to an extent corresponding to the severity of the fault up to the amount of the total damage. The limitation of liability to the contractually agreed deductible also does not apply if the Tenant intentionally violates the duties and/or obligations regulated in these rental conditions. In these cases, the Tenant is liable for the full amount of any damage for which he/she is responsible. In the event of a grossly negligent violation of these duties and/or obligations during the agreed period of use, the Tenant is liable to PIA to an extent corresponding to the severity of the fault up to the amount of the total damage. The Tenant bears the burden of proof that there was no gross negligence. The limitation of liability does not apply if the breach of the duty and/or obligation has no influence on the occurrence of damage or on the determination of the damage or on the existence of the conditions for granting the limitation of liability. This does not apply in the case of fraudulent behavior.
4. After the agreed period of use has expired, the Tenant is fully liable in accordance with the general legal provisions. The Tenant is liable for damage to the PIA camper or to third parties caused by any animals brought along in accordance with the statutory provisions. Several Tenants are jointly and severally liable.
5. The Tenant undertakes to fully indemnify PIA from liabilities for all fees, charges, administrative penalties and other costs incurred during the use of the PIA Camperfor which he/se is responsible. In the event of administrative penalties, PIA is entitled to charge an additional procesing fee of € 29,00 (Including VAT).
Statute of limitations
1. The Tenant must immediately report any obvious defects in the PIA Camper in writing. In order to comply with the promptness requirement, it is important that the Tenant sends the notice on time. If PIA was unable to remedy the situation as a result of the failure to report, the Tenant's claims are only possible if he/she is not at fault.
2. All contractal claims of the Tenant expire within 12 months, calculated from the start of the statutory limitation period, unles they invove damage resulting from injury to the life, body or health of the Tenant or cases, in which PIA, a legal representative or a vicarious agent caused the damage intentionally or through gross negligence.
General Provisions
1. The Tenant can cancel his liabilities by offsetting in the event of PIA's insolvency or for counterclaims that are legally related to the Tenant's liability, which have been determined by a court or which have been recognized by PIA.
2. PIA is entitled to use third parties to fulfill its obligations.
3. The assignment of claims from the rental agreement to third paries is excluded, as is the assertion of such claims in one's own name.e in eigenem Namen.
Data protection
1. Information on the processing of personal data and the subject of data protection can be found in the data protection declaration, which is available in the respective rental company or can be accessed on the homepage under the link https://www.piacamper.at/de/datenschutz.
Final provisions
1. If individual provisions of the general rental conditions are ineffective or void, for whatever reason, the remaining conditions will not be affected. The invalid or unenforceable provision should be replaced by an effective and enforceable provision whose effects come closest to the economic objective pursued by the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the general terms and conditions prove to be incomplete.
2. All legal relationships established under the application of these General Terms and Conditions are subject to substantive Austrian law, excluding any further reference to other legal systems.
3. As the exclusive competent court for all disputes or claims arising from or in connection with a business relationship between PIA and the Tenant regarding the temporary rental or use of PIA Campers, including disputed about the validity, infringement, termination or if these general rental conditions are invalid, the competent court in Salzburg is agreed. For consumers, the place of jurisdiction applies to the place of resdence, habitual residence or place of employment.

That is PIA Camper

General Rental Conditions for PIA Campers

(Version 4/2022)