Rental regulations

General rental conditions

Renting

These General Terms and Conditions form an integral part of the rental contract between the tenant and BUSHANDEL.ch AG in Dagmersellen as landlord. By signing the rental contract, the renter confirms that he/she has read and understood the General Terms and Conditions and that he/she accepts them unconditionally.

1. Vehicle pick-up

The tenant shall take over the item in a ready-to-use and safe condition. Any accessories shall be noted separately in the rental contract and handed over in a usable condition. Complaints about the rental object or its accessories must be reported by the lessee to the lessor immediately upon acceptance by means of a list of defects. If the Hirer is late in accepting the vehicle, the vehicle may be re-rented after 60 minutes. In this case, there is no entitlement to a replacement vehicle.

If the reserved vehicle is not available, the lessor may provide another vehicle of equal value or a vehicle of a higher category at the same price.

The lessor reserves the right to refuse to hand over the vehicle to aggressive, abusive or negative persons.

2. Rental period

The rental period begins with the pick-up of the vehicle and ends with the return of the vehicle. The renter is responsible for the vehicle during the rental period. The rental price (see section 4) includes the use of the vehicle for a certain period of time and a certain number of kilometres. Additional kilometres will be charged in accordance with the rental agreement and the current price list when the vehicle is returned. If the rental period is exceeded, the provisions of para. 3b f. apply.

Minimum rental period:
minibuses and midibuses: 24h (1 day)
Camping vehicles: 72h (3 days)

3. Vehicle return

The rental object and all accessories listed in the rental agreement must be returned in proper condition at the return location and time agreed in the rental agreement. If the rented vehicle is returned outside the regular opening hours, leaving the vehicle on the premises and depositing the keys in the key box for the Lessor's attention constitutes a return. Thus, the Hirer is liable for any damage discovered on the vehicle. If the Hirer does not return the vehicle with a full tank of petrol, he/she must reimburse the cost of the fuel: Daily price at the company petrol station. If items and/or their accessories are otherwise not returned in the proper manner, the Hirer shall be liable in accordance with Clause 7 of the General Terms and Conditions.

3a. Early return

The Hirer may return the vehicle earlier than agreed upon request. The Lessor can only issue a reduction on the rental price if the vehicle can be re-rented. In all other cases, the agreed rental costs are owed.

3b. Delayed return

If it is not possible for the Hirer to return the vehicle at the agreed time or place, he/she is obliged to report this in good time. The Hirer undertakes to pay a penalty of CHF 100 for each hour lost. This will be charged directly against the deposit. If the tenant can prove that he is not at fault, BUSHANDEL.ch AG will not charge a penalty. In the event of early contact (1 working day before the end of the rental period), the rental period may be extended if there is sufficient availability in accordance with section 3c.

In any case, the Lessee shall be liable for all damages incurred by the Lessor upon return.

3c. Extension of the rental period

An extension of the rental relationship is only permissible with the written consent of the Lessor. An additional security deposit or the presentation of the vehicle at a vehicle return point may be required. Furthermore, all existing obligations and provisions from the existing contractual relationship shall apply.

4. Rental costs

The rental price is calculated according to the current price list of the lessor and the agreed mileage. The rental costs are to be paid in advance, unless otherwise agreed.

4a. Included services

Included in the rental costs are vehicle instruction, mandatory operating and registration equipment, as well as a parking space for your private vehicle during the rental period.

4b. Included insurances

The rental price includes standard liability and comprehensive insurance cover with a deductible of CHF 1,000 (liability) and CHF 2,000 (comprehensive) per claim.

The deductible can be reduced to a total of CHF 350.- per claim for an additional fee:
CHF 35.- per day plus 7.7% VAT.

Any bonus loss must be compensated by the hirer in the event of a claim.
Furthermore, passenger insurance is included.

4c. Payment method

The estimated total rent as well as any additional services are to be paid to the lessor in local currency upon collection of the vehicle or in accordance with a special agreement.
In the case of motorhomes, a deposit of 50% of the rental price must also be paid up to 2 months before departure and the balance must be paid up to 20 days before departure. For short-term bookings (3 weeks before the start of the rental period), the entire rental amount is due immediately. The BUSHANDEL.ch AG reserves the right to refuse card payment for amounts over 1'000.-. In this case, the attractive rental prices can no longer be offered due to high transaction fees. In this case, several ATMs are available to the tenant in the immediate vicinity. Payment on account is possible on request. A credit check of the renter remains reserved.

5. Vehicle use

5a. Prohibited use

The renter is prohibited from using the vehicle:

5b. Authorised drivers

The person listed on the rental agreement is considered the tenant. A copy of identification and verification of the driver's licence will be carried out by the lessor. The Hirer is permitted to use additional additional drivers on the hired vehicle. It is the responsibility of the Hirer to ensure that the additional drivers are in a roadworthy condition, observe the rest periods and have the appropriate driving licence. The Hirer registered in the Rental Contract remains responsible for the performance of the services agreed in the Contract, regardless of who drives the vehicle.

5c. Driving licence requirements

The required driving licence categories for a specific vehicle are specified in the rental vehicles catalogue of BUSHANDEL.ch AG .

The following requirements apply for the rental of motorhomes:
- The driver of the vehicle must be at least 21 years old, and;
- Have held the driving licence required for the vehicle for 2 years.

6. Accidents, theft and damage

In the case of events such as accidents, theft (burglary/theft/ misappropriation etc.), loss, fire, damage caused by game or other damage, the hirer must notify the police immediately and have a police report drawn up. This also applies to self-inflicted accidents without the involvement of third parties. Opposing claims may not be recognised. In the event of theft, loss or misappropriation of the vehicle, the Lessor must be contacted immediately in addition to the police. In the event of all the above-mentioned incidents, even in the case of minor damage, the Hirer must immediately draw up a detailed written report, including a sketch. In the event of an accident, the report must in particular contain the names and addresses of the persons involved and any witnesses as well as the registration numbers of the vehicles involved. In the event of theft, the vehicle keys, a report on the circumstances of the theft and the police report must be submitted to the Lessor within 24 hours.

7. Liability of the Lessee

7a. Damage due to careless action

The Hirer shall be liable for all damage (in particular tyre and glass damage) which the Rental Firm suffers as a result of actions by the Hirer or his assistants which are contrary to the law or to the terms of the contract, or as a result of carelessness.

7b. Occurrence of defects during the rental period

In addition, the Hirer shall be liable in particular for all defects or damage to the rented property for which he/she is responsible. This includes in particular, but not exclusively, damage caused by: refuelling with the wrong fuel, non-observance of the maximum heights for garage entrances, subways, etc.; damage to the vehicle caused by the use of the wrong fuel; damage to the vehicle caused by the use of the wrong fuel; damage to the vehicle caused by the use of the wrong fuel.; in the event of improper use of snow chains, ski racks, careless loading of ski racks, careless handling of the vehicle interior (in particular burn holes, tears and stains on upholstery and carpets), driving off the road and generally careless handling (in particular damage to the underbody such as steering, transmission, suspension, spring, etc.), (in particular damage to the underbody such as steering, transmission, suspension, suspension damage as well as damage to axle parts, sill, oil sump, lines, exhaust system, shielding plates and covers), incorrect handling of vehicles (mechanical damage to clutch, transmission, suspension, etc.)., which are not covered by the warranty of the contract garages), incorrect handling of convertible tops, awnings and roof hatches of mobile homes (in particular failure to close the top in rain, wind, etc.).

7c. Scope of liability

The scope of liability includes the repair costs or the value of the vehicle in the event of a total loss as well as further damage, such as towing costs, costs of an expert opinion, reduction in the value of the rented property, loss of rental income, lawyers' fees, administration fees. The scope amounts to the amount agreed in para. 4b.

7d. Reduction of liability

If cover is agreed in accordance with the principles of comprehensive cover, the extent of the Hirer's liability shall be reduced to the excess agreed in the Rental Contract. This exemption from liability does not apply to the damage listed under item 7a, insofar as there is no cover for the Lessor's damage in the specific case. Furthermore, the exemption from liability does not apply to damage caused when the vehicle is used by an unauthorised driver or for a prohibited purpose, in the event of a hit-and-run accident by the Hirer and in the event of wilful or grossly negligent causation of damage in accordance with the SVG, in particular as a result of overtiredness, alcohol- or drug-induced impaired driving and in the event of damage caused by the load.

7e. Release from liability by the lessor

Any release from liability of the tenant by the lessor is only valid if it is made in writing.

7f. Damage documentation

Both when renting and returning the vehicle, whenever possible together with the renter, all visible damage to a vehicle shall be documented in the rental agreement. At the time of rental, any unrepaired damage shall be documented. At the end of the rental period, i.e. upon return, newly detected damage shall be listed in the rental agreement. At this time, new damage will be immediately noted, confirmed and charged to the hirer in accordance with the repair cost proposal. Costs of this nature will be invoiced directly to the Hirer by the Rental Firm and will include the cost of repairing the damage as well as handling charges, immobilisation costs, replacement parts costs and labour costs. Payment of the above invoiced repair costs is subject to the same payment terms as payment of the Rental Agreement.

8. Fines and penalties

The tenant is responsible for the payment of parking fines and penalties in connection with the rental property during the rental period. The BUSHANDEL.ch AG reserves the right to prohibit the rental if a tenant has repeatedly attracted negative attention in this respect.

9. Maintenance & Repair

The hirer must use the hired vehicle with care and regularly check the oil and water levels and the tyre pressure. He/she must observe all traffic regulations and carefully inform himself/herself about the traffic regulations of the countries he/she is travelling to with the vehicle. The Hirer must immediately report any defects to the Rental Firm and follow its instructions regarding the rectification of defects. For expenses in connection with defects (such as engine oil, spare parts, repair costs), a cost approval from the Lessor is required in advance. Expenses incurred within the scope of a cost approval will be reimbursed to the Hirer upon return of the rental object upon presentation of the corresponding receipts. The tenant is not permitted to carry out repairs himself.

Maintenance of motorhomes and other vehicles is the responsibility of the hirer in accordance with the handover instructions:

- Fuel and extra kilometres
- Motorway tolls, road tolls, parking charges, entry charges
- Bed linen
- Excessive wear and tear
- Interior cleaning of wet rooms, kitchens, cooking and eating utensils and camping furniture
- Maintenance of toilets

10. Liability of the lessor

The Lessor shall be liable for damage to the Hirer caused by a defect in the vehicle in accordance with the requirements of Art. 259a and 259e of the Swiss Code of Obligations, unless liability is regulated otherwise by an individual agreement. In all other respects, any contractual and non-contractual liability of the Lessor towards the Hirer and any other persons entitled under the contract shall be excluded, unless the Lessor has caused the damage intentionally or by gross negligence. The Lessor shall not be liable for damage caused by its auxiliary persons. The lessor cannot be held liable for any inconvenience caused, for example, by the repair of the rental vehicle (waiting times, accommodation, meals, etc.). There is only a basis for claims for reduction or compensation if gross negligence can be proven.

11. Right of retention

Any right of retention of the renter to the vehicle for alleged claims against BUSHANDEL.ch AG is excluded.

12. Amendment of the contract

Additions and amendments to this contract must be made in writing to be valid.

13. Data protection agreement 

The BUSHANDEL.ch AG may process and use personal data, but only to a limited extent, and pass it on to third parties.

13a. Reservation system

The landlord's reservation system records the tenant's address and the rental period.

13b. Exchange of information with authorities

The Lessor may exchange data with authorities to the extent permitted by law, e.g. to check the validity of a driving licence.

13c. Third parties

Third parties acting on behalf of the landlady to collect debts, carry out repairs, etc. may receive personal data of the tenant. Such exchange is also possible in the context of quality and service improvement.

13d. Lost property

Whenever possible, the landlady or a representative can contact you. Items containing personal information will be kept for 28 days. All other items will be kept for 2 months. At the end of the 28 days or 2 months all items will be destroyed.

14. Cancellation costs

In the event of cancellation of the rental property, the following conditions apply

>60 days before the start of the rental period:
No costs

60-30 days before the start of the rental period:
Flat rate CHF 220.-

29-8 days before the start of the rental period:
50% of the rental price

7-0 days before the start of the rental period:
80% of the rental price

If the hirer can prove that he is not at fault, in cases such as the death of a relative, disability or illness, a corresponding fee will not be charged. The burden of proving innocence with appropriate evidence rests with the hirer within a period of 30 days from the agreed commencement of the hire.

15. Applicable law & place of jurisdiction

This contract is subject to Swiss law. The applicable provisions of the Swiss Code of Obligations on the transfer of use pursuant to Art. 253 et seq. shall apply to the contract and the GTC. The place of jurisdiction is Dagmersellen, Lucerne. For consumers, the place of jurisdiction is either their own place of residence or the company's registered office in Dagmersellen, Lucerne.

Dagmersellen, 31.10.2021