campableBY YELLOWCAMPER

Legal

Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC)

Yellowcamper Burgdorf AG

(including the brands Aventara & Campable)


1. Scope

These General Terms and Conditions (hereinafter “GTC”) apply to all legal relationships related to the sale of goods and services by Yellowcamper Burgdorf AG (hereinafter “YC”).

The brands Aventara and Campable are brands of YC. All products and services offered under these brands are also subject to these GTC unless expressly agreed otherwise.

Yellowcamper Burgdorf AG is the legal successor of Yellowcamper AG.

For the rental of vehicles and accessories, additional or separate rental terms apply.

YC reserves the right to amend these GTC at any time. The version valid at the time of contract conclusion shall apply.

Any conflicting terms of the customer are not recognized.

The offer is directed exclusively at customers domiciled in Switzerland or the Principality of Liechtenstein. Deliveries are made exclusively to addresses within these countries.


2. Product Images and Descriptions

Illustrations (photos, renderings, visualizations, etc.) are for illustrative purposes only and are non-binding. Deviations are reserved.


3. Characteristics of Goods and Services

The order confirmation shall be decisive for the scope and execution of the services.

Non-essential and reasonable changes regarding form, color, function, or scope of delivery remain reserved.

Technical specifications are to be understood as indicative values.


4. Retention of Title

Until full payment has been made, all delivered goods as well as installed components remain the property of YC.

The customer is not entitled to dispose of them. YC is entitled to register a retention of title.


5. Resale of Complete Vehicles

Complete vehicles with a mileage exceeding 250 km may not be resold as “new vehicles” or equivalent.

Exceptions are at the sole discretion of YC.


6. Availability

All information regarding availability is non-binding and may change until the contract is concluded.


7. Conclusion of Contract

Offers are considered proposals, subject to availability.

A contract is concluded as soon as the customer receives the written order confirmation (email).


8. Order, Changes, Payment and Delivery

8.1 Order

YC confirms the order by email and issues the invoice.

8.2 Order Changes

Changes must be communicated in due time. YC may adjust deadlines and prices or refuse changes.

8.3 Payment

The invoice amount must be paid in full before handover or delivery.

Any deviations must be agreed in writing.

8.4 Delivery / Collection Date

Dates are scheduled subject to material availability.

8.5 Subsequent Price Adjustments

If more than 3 months pass between order and start of production, material price increases exceeding 10% may be passed on.


9. Delay

Claims due to delivery delays arise only after written notice and a grace period of 30 days.

In case of delays not attributable to YC (e.g. force majeure, supply shortages), liability is excluded.

In case of payment delay or refusal to accept delivery, YC may:

- adhere to the contract and claim damages

- withdraw from the contract

- charge a flat fee of 15% of the order value


10. Transfer of Risk

Risk passes to the customer upon handover.

YC assumes no liability for damages occurring during the stay at YC that were not caused by YC.


11. Quality and Construction

11.1 Quality

YC operates in accordance with customary industry standards and applicable technical regulations.

11.2 Design Modifications

Technically necessary modifications do not constitute a defect.


12. Warranty and Liability for Defects

Statutory warranty rights are excluded to the extent permitted by law.

12.1 Own Services

2-year warranty on work performed by YC (material and construction defects).

12.2 Components

Only the manufacturer’s warranty applies.

12.3 Notification of Defects

Defects must be reported immediately.

12.4 Transport

Transport and ancillary costs are borne by the customer.

12.5 Exclusions

No warranty applies in cases of improper use, third-party intervention, wear and tear, or force majeure.

Consequential damages are excluded.

12.6 Rescission / Reduction

In case of non-remediable defects, the price may be reduced or the contract rescinded.

12.7 Warranty Extension

Remedial work does not extend the warranty period.


13. Right of Return

There is generally no right of return.


14. Rental on Behalf of Third Parties (Campable)

YC rents out vehicles under the Campable brand on behalf of third parties, in particular the Swiss Foundation for Children with Cerebral Palsy (hereinafter “Cerebral Foundation”).

14.1 Role of YC

YC handles the operational processing (handover, return, cleaning, maintenance), but is not the owner of the vehicles.

14.2 Contractual Relationship

The rental agreement is generally concluded between the customer and the owner of the vehicle.

14.3 Liability

YC is only liable for damages resulting from its own gross negligence or intentional misconduct.

Use, vehicle condition, and operation are governed by the applicable rental terms.

14.4 Supplementary Conditions

Separate rental terms and the owner’s regulations take precedence over these GTC.

14.5 Availability

No guarantee is given for continuous availability or operational readiness of the vehicles.


15. Data Protection

The current YC privacy policy applies.


16. Severability Clause

Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.


17. Applicable Law and Jurisdiction

Swiss law shall apply exclusively.

Place of jurisdiction is Burgdorf (BE). YC may alternatively bring action at the customer’s place of residence.

Mandatory statutory places of jurisdiction remain reserved.