General Terms and Conditions
General Terms and Conditions for the sale of brand-new and used expedition vehicles, used vehicles, motorhomes, conversions and extensions, spare parts, accessories, repairs, maintenance and other items and business relationships and contracts of the
4wheel24GmbH
Barthelsmühle 15
97907 Hasloch
+49 9342 9197972
info@4wheel24.de
Managing Director: Tobias Teichman
§1 General - Scope of application
The subject of the contracts with 4wheel24 GmbH (hereinafter referred to as “contractor”) is the respective content of the order confirmation and in addition the following General Terms and Conditions. In addition to the provisions of the contract, §§ 631 et seq. BGB shall apply.
The General Terms and Conditions of 4wheel24 GmbH apply exclusively; the contractor does not recognize conflicting or deviating regulations of the client, unless it has expressly agreed to their validity in writing, which is only possible in the context of a written order confirmation.
- Orders and confirmations as well as all other agreements must be made in writing to be valid. This also applies to ancillary agreements and assurances as well as to subsequent amendments to the contract. All agreements made between the Contractor and the Client for the purpose of executing the contract are set out in writing in the order confirmation. Verbal commitments, commitments by e-mail or SMS and WhatsApp by representatives or other auxiliary persons of the Contractor require written confirmation by the Contractor in the form of an order confirmation.
- Execution dates result from the order confirmation, subject to the timely receipt of the ordered goods. The order is only placed upon receipt of the agreed down payment. If the agreed down payment is not made on time when the order is placed, all agreed deadlines shall be postponed by this time. At present, the time between the order being placed and the vehicle being handed over is approximately, depending on the scope of services. 24 months (as of 01.07.2024). Delivery times may vary if relevant suppliers have delivery problems.
- These terms and conditions apply to all current and future transactions with the client.
- 4wheel24 GmbH reserves the right to change or amend these terms and conditions. These terms and conditions apply in their current version for all contracts concluded with the contractor.
- The customer agrees to the validity of these terms and conditions – including for any subsequent transactions – by accepting these terms and conditions, but at the latest when placing the order or placing the commission.
§2 Conclusion of contract - Prices - Terms of payment
- The Contractor’s offers are non-binding.
- If the order qualifies as an offer pursuant to Section 145 BGB, the Contractor may accept the offer signed by the Client within the period stated on the offer. An effective purchase contract shall be deemed to have been concluded if the Contractor has confirmed acceptance of the order for the specified object of purchase in writing by order confirmation within this period or if the delivery has been carried out.
- We reserve the right to correct and timely self-delivery.
- The order placement is divided into several individually self-contained conception, design and construction stages (service stages or milestones). Each milestone shall be deemed completed upon invoicing. Invoices, as stated in the order confirmation, are due for payment immediately and without deduction upon completion of the service. The payment amounts are to be paid in accordance with the provisions in the order confirmation. If no provision is made there, payment shall be due immediately and without deduction after completion of the work and acceptance but before collection of the subject matter of the contract.
- The Contractor may make the commencement and continuation of its activities dependent on receipt of the agreed payments.
- The Contractor shall be entitled to withdraw from the contract if the Client has filed an application for the opening of insolvency proceedings against its assets, has made an affidavit pursuant to Section 807 of the German Code of Civil Procedure (ZPO) or insolvency proceedings have been opened against its assets or the opening of such proceedings has been rejected for lack of assets.
- Unless otherwise stated in the order confirmation, the prices apply “ex works”. “Factory” refers to the place of manufacture of the respective purchased item, i.e. the location of 4wheel24 GmbH, Barthelsmühle 15, 97907 Hasloch.
- If the Client is a merchant, a legal entity under public law or a special fund under public law or if it has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the Client and the Contractor shall be Gemünden a. Main (Local Court) or Würzburg (Regional Court) or the registered office of the Client, at the discretion of the Contractor. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
- The costs of transport insurance, loading and transfer as well as customs costs shall be borne by the client.
- The Contractor reserves the right to change the prices accordingly if there are more than three months between the conclusion of the contract and the agreed delivery date. If the costs increase thereafter until completion of the delivery, in particular due to collective wage agreements, changes in material prices and apportionable tax increases, the Contractor shall be entitled to increase the price appropriately in accordance with the cost increases. The Contractor shall provide evidence of such increases to the Client upon request.
- VAT is the currently applicable rate; it is shown separately at the statutory rate on the invoice date. The VAT rate applicable on the day the entire project is handed over shall apply to the VAT calculation for the entire project.
- The deduction of a cash discount is only permitted if this is shown on the invoice.
- Agreed ancillary services will be charged additionally.
- Unless otherwise stated in the order confirmation and the terms of payment, the purchase price and the price for ancillary services shall be due for payment net (without deduction) within 14 days of the invoice date. If the Customer defaults on payment, the Contractor shall be entitled to charge default interest at a rate of eight (8) percentage points above the prime rate. If the Contractor is able to prove higher damages caused by default, it shall be entitled to claim these.
- Payment orders, cheques and bills of exchange (bills of exchange only if the customer can prove that he is eligible to use the central bank) shall only be accepted by special agreement and only on account of payment, not in lieu of performance, and all discount and collection charges shall be charged; onward issue and prolongation shall not be deemed performance.
- If partial payments have been agreed, the entire remaining debt – irrespective of the due date of any bills of exchange – shall become due for payment immediately if the client is 14 days in arrears with an installment, suspends payments or if insolvency proceedings have been applied for against his assets.
- The Client shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been recognized by the Contractor. Furthermore, he shall only be authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§3 Subject matter of the contract
- The subject matter of the contract is the content of the order confirmation and, in addition, the General Terms and Conditions.
- The contract is a contract for work. In addition to the provisions of the contract, §§ 631 et seq. BGB shall apply. The contract applies first, followed by the General Terms and Conditions and then §§ 631 ff. BGB.
- The Contractor shall be entitled to use subcontractors in the performance of the contract.
§4 Obligation of the client to cooperate
- The client is obliged to cooperate insofar as this results from the obligations regulated in this contract and the service description. In particular, the vehicle must be available at the contractor’s premises on the execution date. The client’s duty to cooperate also applies to the provision of the information, sketches or instructions required by the contractor to implement the order.
- The client’s obligations to cooperate are regulated by law in Sections 642 and 643 BGB. According to Section 642 BGB, the contractor is entitled to reasonable compensation in the event of non-fulfillment of cooperation obligations under the conditions specified therein.
According to § 643 BGB, the contractor is also entitled to a right of termination in the event of a breach of cooperation obligations under the conditions specified therein. Further claims exist.
§5 Changes to services
- The client may request changes to the content and scope of the services. This also applies to parts already provided and delivered.
- If the changes are not only insignificant, the Contractor shall determine the time delays and additional expenses incurred as a result of the desired changes and the parties shall agree on a corresponding adjustment to the contract. If the parties fail to reach an agreement, the Contractor shall be entitled to reject the change request.
- All service changes must be regulated in writing in a supplementary agreement prior to the start of execution, in which the additional remuneration and any changes to the time schedule must be recorded.
- With regard to additional remuneration, the same payment principles apply as in the order confirmation.
§6 Delivery - Delivery time, dates and deadlines
- Execution dates or delivery dates result from the order confirmation or the concluded contract, subject to the timely receipt of the ordered goods. The order shall only be placed upon receipt of the agreed (partial) payment. Accordingly, if the agreed down payment is not made immediately when the order is placed, all agreed dates shall be postponed by at least this time.
- Unless otherwise agreed in writing, delivery of the goods shall be effected by the Contractor making the goods available to the Customer at the named place of manufacture at the agreed time or within the agreed period or, in the absence of an agreement on the delivery time, at the time customary for the delivery of the goods and notifying the Customer of the time at which the goods will be made available to him.
- The delivery date stated in the order confirmation is non-binding, unless otherwise agreed in writing.
- If the agreed deadlines and dates are culpably not met, the respective party shall be set a reasonable deadline for performance.
- Compliance with the Contractor’s delivery obligation requires the timely and proper fulfillment of the Client’s obligation. The defense of non-performance of the contract (§ 320 BGB) and the defense of uncertainty (§ 321 BGB) remain reserved.
- The Contractor shall be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of duty for which it is responsible; fault on the part of its representatives or vicarious agents shall be attributed to it. Insofar as the delay in delivery is not due to an intentional breach of duty for which it is responsible, its liability for damages shall be limited to the foreseeable, typically occurring damage.
- However, the client must first assert the rights to subsequent performance. If this fails, the client shall be entitled to further rights in respect of defects (self-remedy, withdrawal, reduction, compensation).
- The Contractor shall only be liable for intent and gross negligence, except in the event of a breach of material contractual obligations, injury to life, limb or health or claims under the Product Liability Act. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
- In the event of force majeure, riots, strikes or lockouts which temporarily prevent the Contractor from delivering the purchased item on the agreed date or within the agreed period through no fault of its own, the dates and periods stated shall be extended by the duration of the disruption to performance caused by these circumstances. The Contractor is obliged to inform the Client immediately if such an event occurs; at the same time, the Contractor is obliged to inform the Client how long such an event is expected to last. If such an event lasts longer than three months, the Contractor may withdraw from the contract. Any consideration paid by the Client shall be refunded immediately.
- The Contractor reserves the right to make changes to the design and shape, different colors and changes to the furnishings and equipment of the purchased item during the delivery period, provided that the purchased item is not significantly changed and the changes are reasonable for the Customer. The Contractor also reserves the right to further technical developments and chassis changes by the Contractor’s supplier; any associated price increases shall be borne by the Customer.
§7 Acceptance
- The Contractor shall not provide a uniform overall service, but delimitable partial services as listed, for which the Client shall pay corresponding partial fees in accordance with the payment agreements in the order confirmation.
- The design in detail and the work included in the scope of services are divided into the following individual trades to be accepted independently:
Suitcase:
- Consulting, project planning, design
- Construction and completion
Windows, flaps, doors:
- Consulting, project planning, design
- Construction and completion excl. installation 3.
Vehicle conversion:
- Consulting, project planning, design
- Retrofits, conversions, material procurement
- Further partial completion including cab, intermediate frame, paintwork, tires and much more.
- Marriage of vehicle and cabin; completion including all attachments such as carrier systems, entry solutions, tanks, etc. until complete acceptance
Interior fittings:
- Consulting, project planning, design
- Billing according to construction status
- Billing according to construction status
- Billing according to construction status
- Each individual work is to be accepted separately by the client. Acceptance of the individual trades shall take place after completion and upon request by the Contractor.
- With regard to each individual work, the following shall apply: Due to the distance between the parties, the Contractor shall be deemed to have fulfilled its obligations if it sends the Client photographic documentation of the individual work and the Client confirms this as accepted; e-mail shall suffice.
- With regard to the finished vehicle, the following applies: The parties shall draw up a record of the acceptance of the finished vehicle, which must be signed by both parties.
- If the service is not in accordance with the contract and the Client therefore rightly refuses acceptance or if acceptance takes place subject to the rectification of defects identified and to be notified by the Client, the Contractor shall be obliged to provide a service in accordance with the contract without delay and to rectify the defects, to notify the Client of the expected duration of the rectification of defects and to notify the Client of the rectification of defects after completion of the rework.
- The client is obliged to accept the respective individual work within a period of 14 days after receipt of the notification of provision or invoice, unless the respective applicable special terms of delivery provide otherwise.
- If the Client is in default of acceptance or culpably violates other obligations to cooperate, the Contractor shall be entitled to demand compensation for the damage incurred by it in this respect, including any additional expenses. Further claims remain reserved.
- If the requirements of paragraph (2) are met, the risk of accidental loss or accidental deterioration of the individual work or the finished vehicle shall pass to the client at the point in time at which the client is in default of acceptance or debtor’s delay.
- If the Client remains in arrears with the acceptance of the individual work or object of purchase for more than 14 days after receipt of the notification of readiness or invoice, either intentionally or through gross negligence, the Contractor may set the Client a grace period of a further 14 days in writing with the declaration that it will refuse acceptance after this period has expired. After the unsuccessful expiry of this grace period, the Contractor shall be entitled to withdraw from the purchase contract by written declaration and to claim damages. It is not necessary to set a grace period if the Client seriously and definitively refuses acceptance or is obviously unable to pay the purchase price within this period.
- If the Contractor claims damages, it shall be entitled to demand lump-sum compensation from the Client in the amount of 15% of the purchase price. In this case, the Client reserves the right to prove that no damage has been incurred at all or that the damage is significantly lower than the lump sum.
- If the Contractor does not exercise its rights under paragraphs (5) and (6), the Contractor may freely dispose of the object of purchase and deliver a similar object of purchase in its place within a reasonable period of time under the terms of the contract.
§8 Termination - Withdrawal
- If the Client exercises its right of termination in accordance with Section 649 sentence 1 BGB, the Contractor may demand 15% of the agreed remuneration as a lump sum if execution has not yet begun. If work has already begun, 80% of the agreed remuneration must be paid. The Contractor may demand more than 80% of the agreed remuneration if it has provided more than 80% of the contractually agreed service. The contractor has the burden of proof here. The Client has the right to prove that the Contractor has provided less than 80% of the service. It is then only obliged to pay the remuneration in this amount.
- The Client may only withdraw from the contract within the framework of the statutory provisions if the Contractor is responsible for the breach of duty; in the case of defects (§ 5), however, the statutory requirements shall apply.
- In the event of breaches of duty, the Client must declare within a reasonable period of time after the Contractor’s request whether it will withdraw from the contract due to breach of duty or insist on delivery.
- Failure to meet a delivery date is not a reason for termination.
- The Contractor reserves the right to terminate agreements in whole or in part in the event of a change in laws, regulations, case law or government directives which mean that performance is no longer reasonable. In this case, the client shall be informed of the termination in writing. In such cases, the client shall not be entitled to any compensation.
§9 Claims for defects
- Claims for defects on the part of the client presuppose that the client has properly fulfilled its obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code). Claims for defects must be made in writing. The client shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of the defect and for the timeliness of the notice of defect.
- Claims of the client due to a material defect §§ 433 ff. BGB shall lapse in accordance with the statutory provisions after two years from delivery of the purchased item. In the case of used vehicles and objects, liability is limited to 12 months. In the case of customer-owned vehicles, liability is limited to the work actually carried out. The standard for freedom from defects is the state of the art for comparable purchased items at the time of delivery. Notwithstanding the above, a limitation period of one year shall apply to commercially used caravans and motorhomes; the statutory liability of the Contractor pursuant to paragraphs (6) and (8) shall remain unaffected by this. In commercial business transactions, the warranty is limited to one year.
- The client must first assert the rights to subsequent performance. If this fails, the Client shall be entitled to further rights in respect of defects. If there is a defect in the purchased item for which the Contractor is responsible, the Contractor shall, at its discretion, remedy the defect or deliver a defect-free item.
- Replaced parts shall become the property of the Contractor. The Client may assert claims for defects based on the purchase/works contract for the parts installed to remedy defects until the expiry of the limitation period for the purchased item.
- If both types of subsequent performance fail, the client shall be entitled to reduce the purchase price or withdraw from the purchase contract at his discretion. Subsequent performance in the form of rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. The client shall not be entitled to withdraw from the contract if the defect is insignificant. In determining whether the defect is insignificant, the interests must be weighed against each other and, in particular, the effort required to remedy the defect and, in the case of a defect that cannot be remedied, the functional and aesthetic impairment caused by it must be taken into account.
- The Contractor shall be liable in accordance with the statutory provisions if the Client asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of the Contractor’s legal representatives or vicarious agents. Insofar as the Contractor is not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
- The Contractor shall be liable in accordance with the statutory provisions if it culpably breaches a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
- Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
- Unless otherwise stipulated above, liability is excluded.
- Normal wear and tear does not justify any claims for defects.
§10 Retention of title
- The object of purchase shall remain the property of the Contractor until all claims against the Customer arising from the entire business relationship at the time of conclusion of the contract and all claims to which the Contractor is entitled in connection with the object of sale have been satisfied in full. The Contractor shall retain title to the object of sale until all payments arising from the business relationship with the Customer have been received.
- The Client shall be entitled to possess and use the object of purchase as long as it fulfills its obligations under the contract and is not in default of payment. If the Customer is in default of payment or otherwise fails to meet its obligations under the contract, the Contractor may demand the return of the object of purchase from the Purchaser and, after giving reasonable notice, realize it by private sale at the best possible price, taking into account the purchase price. All costs of taking back and realizing the object of purchase shall be borne by the Customer.
- Insofar as the parties have agreed payment of the purchase price debt on the basis of the check/bill of exchange procedure, the reservation shall also extend to the redemption of the bill of exchange accepted by the Contractor by the Customer and shall not expire when the check received is credited to the Contractor. If the Customer acts in breach of contract, in particular in the event of default in payment, the Contractor shall be entitled to take back the purchased item. The repossession of the purchased item by the Customer shall not constitute a withdrawal from the contract unless the Customer has expressly declared this in writing. The seizure of the purchased item by the Contractor shall always constitute a withdrawal from the contract. After taking back the purchased item, the Contractor shall be authorized to sell it; the proceeds of the sale – less reasonable selling costs – shall be offset against the Client’s liabilities.
- The client is obliged to treat the purchased item with care; in particular, he is obliged to insure it adequately at his own expense against fire, water, theft and natural hazards at replacement value. If maintenance and inspection work is required, the client must carry this out in good time at his own expense.
- In the event of seizures or other interventions by third parties, the Customer shall notify the Supplier immediately by registered letter so that the Contractor can bring an action in accordance with Section 771 of the German Code of Civil Procedure (ZPO) and inform the third party immediately of the Contractor’s retention of title. Insofar as the third party is not in a position to reimburse the Contractor for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the Customer shall be liable for the loss incurred by the Contractor.
- The Customer shall be entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to the Contractor all claims in the amount of the invoice amount (including VAT) of the Contractor’s claim which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The Client shall remain authorized to collect this claim even after the assignment. The Contractor’s authority to collect the claim itself shall remain unaffected by this. However, it undertakes not to collect the claim as long as the Client meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings or comparable proceedings has been filed and payments have not been suspended. If this is the case, however, the Contractor may demand that the Client informs it of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
- The processing or transformation of the object of sale by the Client shall always be carried out for the Contractor. If the purchased item is processed with other items not belonging to the Contractor, the Contractor shall acquire co-ownership of the new item in the ratio of the value of the purchased item (invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation of title.
- If the purchased item is inseparably mixed with other items not belonging to the Contractor, the latter shall acquire co-ownership of the new item in the ratio of the value of the purchased item (invoice amount including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the Client’s item is to be regarded as the main item, it is agreed that the Client shall transfer co-ownership to the Contractor on a pro rata basis. The Client shall hold the resulting sole ownership or co-ownership for the Contractor.
- If the retention of title or the assignment is not effective under the law in whose jurisdiction the purchased item is located, the security corresponding to the retention of title or the assignment in this jurisdiction shall be deemed agreed. If the cooperation of the Customer is necessary for the creation of such rights, the Customer shall be obliged, at the request of the Contractor, to take all measures at its own expense that are necessary to establish and maintain such rights.
- The Contractor undertakes to release the securities to which it is entitled at the request of the Client to the extent that the nominal value of its securities exceeds the claims to be secured by more than 10%; the Contractor shall be responsible for selecting the securities to be released.
§ 11 Warranty - Guarantee
- The warranty period is two years, beginning with the acceptance of the respective individual work. In the case of used vehicles and objects, liability is limited to 12 months. In the case of customer-owned vehicles, liability is limited to the work actually carried out. Warranty services do not extend the warranty period for the vehicle or the goods.
- The Contractor shall be liable for material defects and defects of title in accordance with the provisions of the German Civil Code (BGB) for the purchase contract/contract for work and services. However, the client must first assert the rights to subsequent performance. If this fails, the client shall be entitled to further rights in respect of defects (self-remedy, withdrawal, reduction, compensation).
- The guarantee applies in addition to the statutory warranty provisions, which are not restricted by this guarantee vis-à-vis consumers.
- General conditions of the guarantee
- The Contractor grants a warranty for twenty-four (24) months (hereinafter referred to as “Warranty”) on all parts, vehicle conversions, extensions, living cabins and full extensions of the living cabin (hereinafter referred to as “Goods”) sold by the Contractor.
- The Contractor undertakes to compensate for any defects that may occur in its goods during the warranty period that are attributable to manufacturing defects in accordance with point 5.1. However, under no circumstances shall the warranty liability apply to defects caused by violation of the regulations regarding the use and/or maintenance of the goods.
- Detailed warranty conditions
- The Contractor’s warranty on goods and elements for attaching the goods to the chassis only covers
manufacturing defects that exist at the time of delivery of the goods or that have arisen during the warranty period. In this guarantee, manufacturing defects are understood to be material defects and manufacturing defects. If a manufacturing defect is discovered under the aforementioned circumstances, it is considered a warranty case. The assessment of discovered manufacturing defects is carried out at the Contractor’s factory in 97907 Hasloch.
- If assemblies, aggregates, other parts and components of the goods that are covered by the warranty of their
In the event that a defective assembly, unit, part or component from a manufacturer/producer has manufacturing defects, the Client shall be entitled to contact the manufacturer/producer of the defective assembly, unit, part or component directly, but only after it has coordinated this action with an authorized representative of the Contractor and received its written consent.
- The warranty also does not cover any assemblies, units, parts, components, systems, attachments, superstructures of any kind, as well as any work associated with their assembly and installation carried out by any third parties at the instigation of the customer.
- The warranty on the goods shall lapse if a housing element of any kind is pierced, modified or intentionally or unintentionally damaged by direct actions of the Client or any other actions carried out by a third party at the instigation of the Client without the prior written consent of an authorized representative of the Contractor.
- Maintenance and services, including regular service, are not included in the warranty, but are provided for a fee. Services, including regular service, are understood to mean services that are not included in the price determined by the purchase/works contract between the Contractor and the Client or those that the Client commissions the Contractor to perform on the basis of a service contract or contract for services.
- Obligations of the Contractor
- The Contractor undertakes to remedy any manufacturing defects discovered at the time of delivery of the goods or during the period of validity of the warranty by way of free warranty service or corresponding repair at the Contractor’s factory in 97907 Hasloch. Warranty service and corresponding repair shall be deemed to be the performance of all reasonable actions necessary to remedy the defect discovered, provided that these do not involve unreasonable expense for the Contractor. The type and procedure of the actions required to remedy the discovered defect shall be determined by the Contractor. The warranty service or repair does not include the costs of delivering the goods and the elements for attaching the goods to the chassis to the Contractor’s factory, as well as work and services of any kind at another location not authorized by the Contractor, unless it is a situation agreed in writing with an authorized representative of the Contractor or provided for by the contract concluded between the Contractor and the Customer.
- Obligations of the client
- The Warranty Service is available to the Buyer only on the condition that the Buyer complies with the requirements, obligations and regulations set forth in this Warranty, including, but not limited to, obligations relating to the use of the Warranty Service under this Warranty.
- The Customer shall make the vehicle or the goods available to the Contractor at the Contractor’s factory in 97907 Hasloch for diagnostics and determination of the alleged defect for the purpose of its assessment and testing for warranty capability. In order to enable this assessment, the Customer shall grant the Contractor’s authorized representatives full access to the goods, the vehicle and its assemblies and units.
- The Client undertakes to inform the Contractor of any sale/transfer of the vehicle or the goods to a third party.
- Reimbursement of costs
- The Contractor shall not reimburse the Customer for the costs of delivery/carriage of the vehicle or the goods to the Contractor’s plant in 97907 Hasloch.
- The Contractor assumes no liability for the reimbursement of lost profits due to the discovery of manufacturing defects or the need to deliver the vehicle or goods to the Contractor’s factory for servicing. Furthermore, it assumes no liability for compensation for the time that the buyer has to spend in order to deliver the vehicle or goods to the factory (e.g. loss of earnings or compensation for unpaid vacation).
- The Contractor shall only be liable for any further damage suffered by the Client which is attributable to a manufacturing defect if it is at fault, whereby – with the exception of damage to persons – liability shall only be assumed for damage caused by intentional or grossly negligent conduct on the part of the Contractor or the persons for whose fault it is responsible.
- This warranty does not cover any additional costs in connection with any elements of third-party equipment, units, assemblies, components, parts, superstructures or any work carried out by third-party specialist personnel not authorized by the Contractor, which makes warranty service more expensive or even impossible.
- The Contractor shall not manufacture any vehicles or goods that are suitable as housing units for permanent or temporary accommodation for the Client. When carrying out warranty work, the Contractor shall not be liable for reimbursement of any costs incurred by the Client for renting accommodation for the duration of the maintenance work, irrespective of whether the maintenance work is carried out under the warranty or is not covered by the warranty service.
- A replacement/rental vehicle with or without a caravan, as well as the costs of renting and using a car, cannot be reimbursed when warranty work is carried out. In addition, costs for train/bus tickets, airline tickets, fuel, accommodation rental, hotel bills and all other costs incurred by the Client due to the delivery of the vehicle or goods to the Contractor’s plant and its return cannot be reimbursed or refunded.
- No telephone costs or expenses for other means of communication can be reimbursed when warranty work is carried out.
- The downtime of the goods and the vehicle cannot be reimbursed when warranty work is carried out. In addition, no material or immaterial damage incurred by the Client (including lost income) associated with the downtime of the vehicle at the Contractor’s plant for repair or warranty service can be reimbursed.
- The warranty period for the vehicle or the goods is 24 months for new goods
- The warranty period begins on the day the vehicle or goods are handed over to the Client by the Contractor.
- The date of handover shall be the date specified in the vehicle handover protocol or in the delivery bill (the date in the handover protocol shall take precedence); if applicable, the warranty period may also be counted from the date on which the module was to be handed over, but this failed due to circumstances for which the Client is responsible (including, but not limited to, a delay in handover, suspension of the fulfillment of delivery / handover obligations due to the Client’s delay in payment).
- Faults not covered by the warranty
- The warranty does not apply to damage caused by the effects of the environment or foreign bodies, accidents or natural phenomena, negligent or improper (points 11.3. and 11.4.) use of the vehicle or the goods, including unauthorized manipulations of systems and aggregates of the vehicle or the goods carried out by the Client or third parties without written agreement of these manipulations with an authorized representative of the Contractor.
The following can NOT be recognized as a manufacturing defect:
- Normal wear and tear, i.e. wear and tear caused by routine operation and normal storage of the vehicle or goods and corresponding to the period of operation, insofar as this wear and tear corresponds to the conditions of daily mileage or standing time, the influences of the operating conditions selected for the vehicle or goods and external factors caused by specific geographical, road and weather conditions at places of use. Exemplary (non-exhaustive) list of defects that are to be classified as normal wear and tear:
- Fading and cracking of paintwork, sealants and other construction materials due to exposure to sunlight or UV rays, humidity, temperature and other weather conditions, traces of exposure to chemicals or abrasive materials, natural clouding of surfaces, oxidation and rusting of metallic parts, any soiling, scratches, cracks, abrasions, dents or cracks, loss of elasticity or cracking of technical rubber and polymer materials, insignificant deformation or loss of tightness due to storage/operating conditions or the specific characteristics of the material, insignificant surface matching defects, fungal and mold growth in areas of increased humidity, traces of deformation or loss of tightness due to storage/operating conditions or the specific characteristics of the material. insignificant deformations or loss of tightness caused by storage/operating conditions or the specific characteristics of the material, insignificant surface matching defects, fungal and mold growth in areas with increased moisture, traces of condensation, leaks in connections and joints, insignificant leaks, blockages, formation of mineral and organic deposits in assemblies and pipes, mechanical wear or jamming of parts due to the effects of external factors (sand, dust, water, salt, dirt, etc.), other traces of intensive use and use of the material.), other traces of intensive and regular operation of parts, assemblies and components of the module.
- Other operation of assemblies and parts of the vehicle or goods
The Contractor shall not undertake to remedy defects free of charge (this warranty does not cover defects) if these defects are caused by improper operation of the vehicle or the goods. Improper operation is a conscious or unconscious violation of the regulations set out in:
- recommendations of the manufacturer, instructions and the instruction given to the Client by representatives of the Contractor when the vehicle or the goods are handed over to the Client;
- Recommendations of the manufacturers of assemblies, units and components used in the vehicle or goods;
- the operating instructions for expedition vehicles
are defined.
Furthermore, this warranty does not cover the repair of defects caused by the customer’s failure to perform certain operations and procedures (e.g. regular maintenance and care) as prescribed in the operating instructions.
- Operation is considered improper if, for example, the following is involved (exemplary, non-exhaustive list):
– conscious or unconscious non-compliance by the Client with the provisions of the Contractor’s operating instructions for the vehicle or goods and the elements for attaching the cabin to the chassis;
– conscious or unconscious non-compliance by the Customer with the Contractor’s instructions on the use of systems, units, assemblies and parts of the vehicle or the goods. These instructions shall be given verbally during the instruction when the vehicle or goods are handed over to the buyer.
- conscious or unconscious non-compliance by the Client with the instructions and recommendations received from the Contractor in the course of operating and servicing the units and systems;
- the vehicle or the goods and elements for attaching the cabin to the chassis were not operated in accordance with their normal purpose or were converted or modified;
- the vehicle or the goods and the elements for attaching the cabin to the chassis were temporarily or permanently parked (stored) in inappropriate conditions;
- Additional equipment has been installed without consultation with the Contractor or additional equipment has been temporarily or permanently attached to the vehicle or the goods or to elements for attaching the cabin to the chassis, including but not limited to lift systems, holders of all kinds, platforms, holders, containers, winches, elevators, solar panels and other assemblies, units, parts and components whose technical and/or operating characteristics do not comply with the Contractor’s operating recommendations.
- Maintenance
The Client acknowledges that all devices (assemblies, units, components and parts) not recommended from the outset in the Contractor’s basic offer are NOT compatible with each other, unless their compatibility has been recognized and confirmed in writing by the Contractor.
In order to avoid the loss of the warranty, the Client is entitled (before the additional equipment is installed) to request a statement from the Contractor regarding the technical compatibility of the vehicle or the goods and the elements for attaching the cabin to the chassis (assemblies, units, components and parts).
The client loses the right to the guarantee in the following cases:
- The manufacturer’s safety seals, special stickers or other protective agents applied to assemblies and units of the vehicle or the goods and the elements for attaching the camper to the chassis are damaged.
- Goods were transported inside or outside the vehicle or goods for which the cabin installed on the vehicle was not suitable and was not adapted by the manufacturer (in this case, bulky goods of any kind, any hazard class, any dangerous structural/chemical condition, any unsuitable size, etc.).
- The vehicle or its components or the goods have been overloaded. Sufficient proof of overloading is the character of the respective defect, which proves that the defect was caused precisely by overloading.
- The vehicle with the installed cabin has broken down or been involved in another traffic accident or has been deformed by an external impact.
- The conditions and intervals according to which the preventive maintenance of the vehicle or the goods and the elements attaching the cabin to the chassis should be carried out were not observed.
- Maintenance or repair (including the settings of the module- and part-specific software) was not carried out at the Contractor’s plant. The Client may only carry out the repair or maintenance at another location if it has received written consent for this specific repair or maintenance from the Contractor.
- Any operating materials, consumables or chemicals not recommended by the contractor were used!!!
– The extent of the malfunction caused by a manufacturing defect increased because no suitable measures were taken by the client immediately after it discovered this malfunction, became aware of it or should have become aware of it.
- Warranty service procedure
The warranty service is carried out at the contractor’s factory in 97907 Hasloch.
- The prerequisites for carrying out the warranty service are: The Client has requested a required service from the Contractor in writing, has provided a brief description of the defect(s) and has made an appointment at the factory for the purpose of handing over the vehicle or goods to a representative of the Contractor.
- No attempts have been made by the Client and/or any third parties not accredited by the Contractor to rectify the defect discovered at the instigation of the Client.
- The vehicle or goods are brought to the Contractor’s premises within the warranty period or within 21 days after the expiry of the warranty period, provided that the defect was discovered no later than 7 days before the expiry of the warranty period, and provided that the Client reported the discovery of this defect in writing no later than 7 days before the expiry of the warranty period.
- The client has filled out an order for warranty service completely and correctly at the client’s plant.
- The client has made the vehicle or the goods and the elements for attaching the cabin to the chassis available for the purpose of diagnosing the defect and determining the cause of the defect.
- At the Contractor’s request, the Purchaser shall submit copies of the necessary documents to be kept during the course of operation.
- The Client shall either make the vehicle or goods available in person or send an authorized representative to the Contractor’s plant, who shall sign the order to perform the warranty service and hand over the vehicle or goods and the elements for attaching the cabin to the chassis for the purpose of diagnosis and performance of the warranty service. A person authorized to conduct negotiations and conclude agreements on behalf of the Client by means of a power of attorney shall be considered an authorized representative for the purpose of arranging warranty service. The driver is not considered an authorized representative unless he can present a power of attorney issued by the buyer.
- To apply for warranty service, the Client must contact the Contractor’s factory in writing at least 7 days before the warranty period expires.
- If the Client’s request for warranty service has been rejected and the Client does not agree with this, the Client must submit its objections in writing and ensure the integrity of the parts removed in the course of the diagnostics and/or repair (if it is not possible for the Client to ensure the integrity of the removed parts, it must hand over these parts to the Contractor’s plant).
- After the warranty period has expired, all defects, including hidden defects, will be rectified exclusively at the expense of the client and are not covered by the warranty.
§12 Joint and several liability
- The Contractor shall only be liable for intent and gross negligence, except in the event of a breach of material contractual obligations, injury to life, limb or health or claims under the Product Liability Act. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
- Any further liability for damages, as provided for in § 7 and § 10, is excluded – regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB. Insofar as the damage is covered by an insurance policy taken out by the Client for the relevant claim (with the exception of sum insured), the Contractor shall only be liable for any associated disadvantages suffered by the Client, e.g. higher insurance premiums or interest disadvantages until the claim is settled by the insurer.
- The limitation according to paragraphs (1 and 2) also applies if the client demands compensation for useless expenses according to § 284 BGB.
- Insofar as the Contractor’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of its employees, representatives and vicarious agents.
- While the vehicle is in the Contractor’s care, liability for damage to the vehicle is excluded, unless the Contractor or a third party commissioned by the Contractor has caused such damage intentionally or through gross negligence. In particular, the Contractor accepts no liability for damage to vehicles caused by other third parties or forces of nature, such as theft of the vehicle or its parts, willful damage or storm and hail damage, unless the Contractor has acted with intent or gross negligence.
A corresponding insurance against comprehensive damage is not covered by 4wheel24 GmbH. We recommend that you insure the vehicle against possible damage at your own expense.
- The Contractor shall not be liable for damages that are attributable to such services that the Client has expressly commissioned, knowingly of a possible deviation from statutory or official regulations.
- For classic cars, the Contractor shall only be liable according to the current value, not according to appraisals.
- Liability, warranty or guarantee shall be excluded for components supplied or brought by the customer with (installation) instructions from the customer after acceptance of the vehicle and in the event of a subsequently identified technical/quality defect caused by these components in conjunction with the (remaining) technical assembly of the customer’s vehicle. Any resulting costs for a possible repair or inspection of the customer’s vehicle shall be borne exclusively by the customer.
§13 Final agreements - Other provisions
- Amendments to this contract or its components require the This also applies to an amendment to this clause. Verbal collateral agreements are invalid.
- If the Client is a merchant, the exclusive place of jurisdiction shall be the Contractor’s place of business. However, the Contractor shall also be entitled to sue the Client at its general place of jurisdiction.
- If the Client is a merchant and nothing to the contrary is stated in the order confirmation, the Contractor’s place of business shall be the place of performance for all obligations arising from the contract, including the Client’s payment obligations.
- The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
- If individual provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. In this case, the contracting parties shall replace the invalid provision with another provision that comes closest to the economic purpose of the invalid provision in a permissible manner.
1. scope of application
1.1. For all deliveries from 4wheel Truck & Technik GmbH Online-Shop (hereinafter referred to as seller) to consumers, these General Terms and Conditions (GTC) apply. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
2. offers and service descriptions
2.1 The purchase contract is concluded with 4wheel Truck & Technik GmbH; Eisenhammer 1497907 Hasloch, Commercial Register: Würzburg Local Court HRB15000
3. offers and service descriptions
3.1 The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
3.2 By clicking on the button [Buy/Order at cost] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by email immediately after receiving your order.
3.3 The seller can accept the customer’s offer within five days,
- By sending the customer a written order confirmation or an order confirmation in text form (letter or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- By delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- By requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
4. prices and shipping costs
4.1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
4.2 If you as a consumer make use of your right of withdrawal in accordance with section 4.1, you must bear the regular costs of the return shipment.
4.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
5. delivery, availability of goods
5.1. The prices stated on the product pages include VAT and other price components.
5.2. In addition to the prices quoted, we charge a flat rate of 5.50 euros per order for delivery within Germany. The shipping costs are clearly indicated on the product pages, in the shopping cart system and on the order page.
6. payment modalities
6.1. Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.
6.2. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the provision in the seller’s withdrawal policy shall apply to the return costs.
7. reservation of title
7.1 The payment options are communicated to the customer in the seller’s online store
7.2 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at Terms of Use for PayPal Services | PayPal EN.
8 Warranty for material defects and guarantee
8.1. The goods remain our property until payment has been made in full.
9. liability
9.1. 4wheel Truck & Technik GmbH Online-Shop is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434ff of the German Civil Code.
9.2. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.
10. storage of the contract text
10.1. If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business
11. final provisions
11.1. 4wheel Truck & Technik GmbH is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act. For information purposes, reference is made to the following online dispute resolution platform for package travel contracts concluded in electronic legal transactions: http://ec.europa.eu/consumers/odr/main/index.cfm
Foreword
We look forward to welcoming you on one of our breathtaking expeditions. Our lifeblood is not only diesel, but also the joint discovery of spectacular regions of the world that can only be reached with our off-road vehicles.
The basis of all adventure trips with 4wheel Truck & Technik GmbH is teamwork. And to be successful as a team, all members must adhere to a few simple rules. These can be found in the following terms and conditions.
An adventure trip with an expedition vehicle is not an all-inclusive vacation in a beach hotel! Every individual adventure trip is subject to factors that are difficult to predict, such as bad weather, political instability, the physical and mental condition of the participants and pandemics. These can lead to schedule and route changes or even a trip interruption. To ensure a safe and reasonable experience for all participants, your guide may make any necessary changes at any time.
There are no unique experiences without challenges! The challenges for you will include simple tasks such as helping with cooking and washing up as well as more difficult tasks such as clearing vehicles or helping to change tires etc. 4wheel Truck & Technik GmbH offers exciting trips off the beaten track! This means that luxury and comfort are not at the top of the priority list.
And now we ask you to read the following terms and conditions at your leisure, which supplement the statutory provisions of §651a-y BGB. If you have any questions, we will be happy to answer them.
1. scope of application
1.1. 4wheel Truck & Technik GmbH (haftungsbeschränkt), represented by Ms. Anja Schneider, Eisenhammer 14, 97907 Hasloch (hereinafter: “4wheel Truck & Technik GmbH” or “Organizer”) organizes group trips and, as organizer and promoter, is itself a participant in the trip.
1.2. These general terms and conditions regulate the conclusion of a travel contract between the traveler and 4wheel Truck & Technik GmbH. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant. the individual agreements between the parties.
1.3. 4wheel Truck & Technik GmbH is not a tour operator, but only organizes the group tours and takes part in them itself.
1.4 The version of the GTC valid at the time the contract is concluded shall apply.
1.5 We do not accept deviating conditions of the parties. This also applies if we do not expressly object to the inclusion.
2. offers and service descriptions
2.1 By registering via the online form, which is sent by e-mail by 4wheel Truck & Technik GmbH, the traveler bindingly offers 4wheel Truck & Technik GmbH the conclusion of a travel contract. Registration can only be made in writing. The acceptance by 4wheel Truck & Technik GmbH leads to the effectiveness of the contract. After conclusion of the contract, 4wheel24 GmbH or 4wheel Truck & Technik GmbH will send the traveler a travel confirmation.
2.2 The descriptions of the trips on the internet are non-binding and not a binding offer to conclude a contract.
2.3 If the content of the declaration of acceptance differs from the content of the registration, 4wheel Truck & Technik GmbH makes a new offer to which 4wheel Truck & Technik GmbH is bound for a period of seven days. The contract is concluded on the basis of this new offer if the traveler expressly declares acceptance within the binding period or makes a down payment or the travel price.
2.4 The registration is made by the participant also for all persons listed in the registration. The traveler is responsible for all contractual obligations of fellow travelers for whom he makes the travel registration, as well as for his own, provided that he has assumed this obligation by express and separate declaration.
3. offers and service descriptions
3.1. The prices quoted in the respective offers are total prices and include all price components including all applicable taxes.
3.2. After ordering in our online store, 30% of the tour price is due, 45 days before the tour the remaining 70% is due.
3.3. If the traveler is in arrears with the down payment or the remaining payment, 4wheel Truck & Technik GmbH reserves the right to withdraw from the travel contract after a reminder with unsuccessful deadline for payment and threat of withdrawal and to demand compensation in the amount of the agreed compensation lump sums (see § 5 para. 1).
3.4 The details of the travel price can be found in the respective offer.
3.5. Payments can only be made by bank transfer or PayPal.
4. prices and shipping costs
4.1. Changes to individual travel services which become necessary after conclusion of the contract and which were not brought about by 4wheel Truck & Technik GmbH contrary to good faith are only permissible if they are not significant and do not affect the overall character of the booked trip. Specified transfer times are subject to change, provided that they do not unreasonably interfere with the agreed night’s rest
4.2. Notification of changes to travel services can only be made before the start of the trip. 4wheel Truck & Technik GmbH is obliged to inform the traveler of the changes in writing immediately after becoming aware of the reason for the change. In the event of significant changes, 4wheel Truck & Technik GmbH will also inform you about the effects on the travel price. Significant changes may not be made without the consent of the traveler.
4.3 4wheel Truck & Technik GmbH reserves the right to adjust the agreed travel price if there is an increase in transportation costs or charges for certain services, such as tourist taxes, port charges or a change in sea freight for the trip in question. The applicable exchange rates are taken into account. The adjustment is made in accordance with the following provisions:
- If the transportation costs increase after conclusion of the contract, 4wheel Truck & Technik GmbH can adjust the travel price accordingly. A pro rata transfer and calculation of a seat increase is possible.
- In the event of a change in exchange rates after conclusion of the travel contract, the travel price may be increased accordingly to cover the higher costs for 4wheel Truck & Technik GmbH.
4.4 If there is a subsequent change in the travel price, 4wheel Truck & Technik GmbH is obliged to inform the traveler immediately in writing. This notification must be made no later than 20 days before the start of the trip.
4.5 In the event of a significant change in an essential travel service or a price increase of more than 8% for the above-mentioned reasons, the traveler is entitled to withdraw from the contract free of charge or the traveler can request participation in a replacement trip if 4wheel Truck & Technik GmbH offers such a trip.
5. delivery, availability of goods
5.1. The traveler has the right to withdraw from the trip at any time before the start of the trip. Decisive for the withdrawal is the time of receipt of the declaration of withdrawal/cancellation by 4wheel Truck & Technik GmbH. The traveler is advised to declare the withdrawal in writing on a durable medium. In the event of a withdrawal (cancellation) on the part of the traveler or if the trip is not started, 4wheel Truck & Technik GmbH loses the right to the travel price, but can demand a lump sum compensation. The compensation claim is calculated according to the following flat rates: Cancellation costs per traveler are as follows:
- For registrations up to 61 days before the start of the trip: 30%
- From the 60th day to 46 days before departure: 50%
- From the 45th day to 21 days before departure: 75%
- From the 20th day to 11 days before departure: 90%
- From the 10th day until the start of the trip or in case of no-show: 100%.
The decisive date for the calculation is the receipt of the declaration of withdrawal by 4wheel Truck & Technik GmbH. The traveler reserves the right to prove that 4wheel Truck & Technik GmbH has incurred no or significantly less damage than the lump sum demanded. An early arrival at the start of the trip or the shipment of vehicles or equipment is also deemed to be the start of the trip.
5.2. If the withdrawal by the traveler is due to unavoidable, extraordinary circumstances at the destination or in its immediate vicinity, which significantly affect the execution of the package tour or the transport of persons, 4wheel Truck & Technik GmbH cannot demand compensation and will reimburse the traveler the travel price immediately.
5.3. It is recommended that you take out travel cancellation insurance (e.g. with our partner Mr. Holm-Uwe Kutzner from Ergo Versicherung) and insurance to cover repatriation costs in the event of accident, illness or death. Taking out international health insurance is also strongly recommended and mandatory when traveling with 4wheel Truck & Technik GmbH.
6. payment modalities
6.1. 4wheel Truck & Technik GmbH can withdraw from the contract if the advertised minimum number of participants is not reached, but only under the following conditions:
- The minimum number of participants is stated in the pre-contractual information and the travel advertisement, as well as the time by which the declaration must be received by the traveler before the contractually agreed start of the trip.
- This information is clearly indicated in the travel confirmation. Withdrawal must be declared no later than the date stated in the pre-contractual information and the travel confirmation. In the event of withdrawal by 4wheel Truck & Technik GmbH, the traveler will be refunded any payments already made towards the travel price.
6.2. It is pointed out that 4wheel Truck & Technik GmbH has the legal right to withdraw from the contract due to unavoidable, extraordinary circumstances.
6.3. If, despite a warning from 4wheel Truck & Technik GmbH or the local implementation partner, the traveler persistently disrupts the trip, harasses the other travelers or behaves contrary to the contract, 4wheel Truck & Technik GmbH or the implementation partner can declare the cancellation. This applies, among other things, if the traveler does not meet the special requirements (health, physical, cooperation) of the trip or does not adhere to certain rules of conduct. If 4wheel Truck & Technik GmbH or the implementation partner makes use of the extraordinary termination, 4wheel Truck & Technik GmbH retains the claim to the travel price. The extraordinary termination is carried out by the respective tour guide on behalf of 4wheel Truck & Technik GmbH.
6.4. If no information has been provided, the latest time for cancellation is 4 weeks or 28 days before the start of the trip stated in the invitation to tender.
7. reservation of title
7.1 4wheel Truck & Technik GmbH is not liable for information in brochures of service providers (e.g. ferry companies) which were not created by 4wheel Truck & Technik GmbH. Furthermore, 4wheel Truck & Technik GmbH is only liable for damages caused intentionally or through gross negligence.
7.2 Claims for damages by the travelers are excluded. Excluded from this are claims for damages arising from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by 4wheel Truck & Technik GmbH, legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
7.3 Excursions, transport services, sporting activities and rental cars offered by the local tour guide or by other persons in the destination country and booked locally are not part of the contract between the traveller and 4wheel Truck & Technik GmbH. 4wheel Truck & Technik GmbH assumes no liability for such services. This also applies to excursions that 4wheel Truck & Technik GmbH only suggests as optional in the tour descriptions.
7.4 There is generally no liability claim for the transportation of luggage and vehicles or for on- and off-road trips and luggage transport. This exclusion of liability can be additionally insured by the traveler through an insurance provider. The modalities and contractual conditions must be agreed individually between the policyholder and the insurer and are not part of the travel services.
7.5 The restrictions of the above paragraphs also apply in favor of the legal representatives and vicarious agents of 4wheel Truck & Technik GmbH, if claims are asserted directly against them.
8 Warranty for material defects and guarantee
8.1. The assignment of claims of the traveler against 4wheel Truck & Technik GmbH to third parties is excluded.
9. liability
9.1. 4wheel Truck & Technik GmbH is obliged to inform travelers about passport regulations and any changes to these regulations prior to the conclusion of the contract. In addition, 4wheel Truck & Technik GmbH will point out any special health-related regulations (health formalities) of the country of travel before concluding the contract. It is recommended that travelers inform themselves in good time about infection and vaccination protection measures for the agreed destination. Reference is made to the possibility of obtaining information from health authorities, doctors (travel medicine specialists) and tropical institutes, among others.
9.2. The traveler is responsible for complying with all passport, visa and health regulations relevant to the trip. All disadvantages, in particular the payment of cancellation costs, which arise due to non-compliance with these regulations, shall be borne by the traveler, unless they are due to culpable misinformation or non-information on the part of 4wheel Truck & Technik GmbH.
10. storage of the contract text
10.1. Any additional costs incurred as a result of or in connection with changes to the planned itinerary due to reasons for which the traveler is responsible shall be borne by the traveler and shall be paid immediately to the relevant claimant.
10.2. These additional costs include, for example, expenses due to late arrival of the traveler for the departure or the preparatory trekking tour, costs for an early return due to indisposition, illness, accident, etc. (e.g. return transport by helicopter, hospital and hotel also for accompanying persons). (e.g. return transportation by helicopter, hospitalization and hotel stay also for accompanying persons) as well as an upgrade booking for the ferry (date and class).
10.3 If 4wheel Truck & Technik GmbH provides advance services in an urgent emergency, the amounts advanced by 4wheel Truck & Technik GmbH are to be refunded immediately after completion of the trip. Medical and repatriation insurance is not included in the tour price, but is recommended and required for some tours.
11. final provisions
11.1. For all trekking tours and expeditions with vehicles, it should be noted that there is an increased risk of illness, accidents and injuries in outdoor sports (danger of falling, avalanches, falling rocks, falling through crevasses, altitude sickness, cold damage, infections, etc.), which cannot be completely eliminated or ruled out even with prudent and caring supervision.
11.2 It should also be noted that in the wild, especially in remote regions, only limited rescue and/or medical treatment facilities may be available due to technical or logistical difficulties. Every traveler is therefore asked to assume a considerable degree of personal responsibility and prudence, to make appropriate preparations for the tour and to bring a heightened awareness of risk.
11.3. It is strongly recommended that travelers familiarize themselves intensively with the requirements and risks that may be associated with the program they have booked (e.g. by studying relevant specialist literature). The traveler on a 4wheel Truck & Technik GmbH trip bears full responsibility for driving on and off the road.
11.4 The traveler consciously accepts an increased risk of accidents and cannot hold either the tour guide or the organizer liable for his accidents, as he has accepted this risk as a matter of principle and with full knowledge.
12. renting
12.1. The provisions agreed in the rental contract and the General Terms and Conditions (GTCs) of the respective rental company apply to the rental.
12.2 In the event of an accident, the vehicle user undertakes to pay the agreed deductible and any towing and recovery costs.
12.3. Willful damage and punctures/tyre damage to vehicles of 4wheel Truck & Technik GmbH or its partners are not covered by insurance and must be borne by the traveler or renter of the respective vehicle. Willful destruction includes, among other things, stepping on the hood or roof, improper use of differential locks, reduction gears and the clutch, damage caused by jumping and damage caused by excessive speed.
13. copyrights, film and photo rights and other rights
13.1. We have copyrights to all images, films and texts published on our website and in our documents. Use of the images, films and texts is not permitted without our express consent.
13.2 During the trips, photos and videos of the traveler may be taken by the tour guide, their assistants or fellow travelers. These images may be used by 4wheel Truck & Technik GmbH or 4wheel24 GmbH for advertising purposes or in brochures without notification of the traveler and without payment. If the traveler does not wish this, we ask him to inform us explicitly when booking.
13.3. The data and GPS coordinates of the trips are the intellectual property of 4wheel Truck & Technik GmbH and may not be published or used for commercial purposes by either the traveler or the tour guide. In the event of unlawful publication or commercial use, three times the amount of the respective trip will be due as compensation. Travelers who are known to the public are asked to pay particular attention to the privacy of other travelers.
14. data protection provisions
14.1. The traveler expressly consents to the electronic processing of his/her personal data within the framework of the following regulations. Customer data is treated with absolute confidentiality. The data provided by the traveler will be used exclusively for the professional execution of the service. The data will not be passed on to third parties.
14.2 The separate data protection provisions on our homepage under the following link apply: 4wheel24 – Privacy policy
15 Choice of law and place of jurisdiction
15.1. The contract and the legal relationship between the traveler and 4wheel Truck & Technik GmbH shall be governed exclusively by German law. Insofar as German law is not applied to the reason for liability in the event of legal action by the traveler against 4wheel Truck & Technik GmbH abroad, German law shall apply exclusively with regard to the legal consequences, for example with regard to the type, scope and amount of claims of the traveler.
15.2 The place of jurisdiction of 4wheel is the company headquarters in 97907 Hasloch.
15.3. For legal actions of 4wheel Truck & Technik GmbH against the traveler, the domicile of the traveler is decisive, unless the action is directed against fully qualified merchants or persons who do not have a general contract. have a place of jurisdiction in Germany or who have moved their place of residence abroad or whose place of residence is unknown. In these cases, the registered office of 4wheel Truck & Technik GmbH is decisive.
15. 4wheel Truck & Technik GmbH is not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act. For information purposes, reference is made to the following online dispute resolution platform for package travel contracts concluded in electronic legal transactions: http://ec.europa.eu/consumers/odr/main/index.cfm
16. termination of the event
16.1. If the event is canceled or the schedule / route / timetable is modified due to force majeure, safety concerns or similar factors beyond the organizer’s control, there is no entitlement to a refund or reduction of the tour price or to reimbursement of any other damages.
17 Final provisions
17.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
17.2 If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of 4wheel Truck & Technik GmbH. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
17.3. The language of the contracts is generally German.
17.4 Should individual provisions of the travel contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract.
17.5 The assignment of claims of the traveler against 4wheel Truck & Technik GmbH to third parties is expressly excluded, unless 4wheel Truck & Technik GmbH expressly agrees to the assignment in writing.