Terms & Conditions

Update: 28.08.2024

General Terms and Conditions of Rental | Camper ITALY

1. FWC - FREEWAYCAMPER ITALIA S.R.L. AND GENERAL PROVISIONS

The following General Rental Terms and Conditions (hereinafter also only "T&C") of FWC - FreewayCamper Italia S.r.l. (hereinafter also only "FWC"), with registered office at Via Bagutta 13, 20121 Milan, Italy, registered with the Company Register of Milan under no. 12145770967, a single-member company, subject to the management and coordination of FWC- FreewayCamper GmbH, a company under German law, with its registered office at Thomas-Wimmer-Ring 14, 80538 Munich, Germany, apply to all contractual relationships between FWC, on the one hand, and the Renter (the person - natural or legal person - who uses the services offered by FWC) hereinafter also only the "RENTER"), on the other hand.

The object of the contract is exclusively the rental of a vehicle (camper, motorhome or similar - hereinafter also only "Vehicle") including the ordinary interior equipment and the relevant camping equipment. The Renter will use the Vehicle on his/her own responsibility and will organize his/her trip independently. It is excluded, on the part of FWC, any activity of organization and intermediation of travel and stays and any other form of tourist services to serve Renters within the meaning of Annex 1 to Legislative Decree No. 79 of May 23, 2011 (Tourism Code).

Vehicles are given for hire for private purposes only, such as - but not limited to - vacation trips and leisure activities. The use of the Vehicles for the performance of removals of any kind is strictly prohibited.

2.THE CONTRACT

2.1. These T&C, the handover report, the handover report, the special and general conditions of compulsory motor third party liability and accidental damage liability, the list of charges for minor damages, as well as the price list for additional services form a substantial and integral part of the rental agreement that will be signed between FWC and the Renter when the Renter collects the Vehicle. Any special provisions of the contract agreed in writing with the Renter will take precedence over these T&C.

3. OBJECT OF THE RENTAL

3.1. FWC will provide the Renter with the Vehicle indicated in the booking confirmation. In the unfortunate event that the booked Vehicle is not available at the time of delivery to the Renter (e.g. due to delayed delivery by the previous Renter), FWC will be entitled to provide a Vehicle equivalent to the one originally chosen ("Replacement Vehicle") in order to fulfil its contractual obligations. By the Renter's signing of the report of delivery of the Substitute Vehicle, the Renter accepts the Substitute Vehicle as equivalent to the booked Vehicle and waives any further claims and/or claims for damages against FWC. If, in exceptional cases, there is not even the availability of a Replacement Vehicle, the Renter will be entitled to double the deposit paid, pursuant to Article 1385 of the Civil Code (Section 10.3.). Compensation for any further damage on the part of FWC is excluded, except if the unavailability of the Vehicle is due to gross negligence or wilful misconduct on the part of FWC.

3.2. Each Vehicle shall be rented and delivered to the Renter together with all documents required by law, and in particular with (i) the registration certificate, (ii) the rental agreement(s) having a certain date, (iii) the REVE registration certificate, (iv) the international insurance certificate (green card). Should the Renter agree to receive the rental agreement(s) in electronic format (by e-mail), he/she shall be responsible for the possibility of receiving the relevant document at the e-mail address provided at the time of booking and for the possibility of presenting it(s) in the event of a police check.

The basic equipment included in the rental agreement depends on the model of Vehicle chosen - details of the basic equipment provided for the various models can be found on the FWC website. If the rented Vehicle has a water system, the grey water tank and toilet box will be delivered empty to the Renter.

All vehicles rented by FWC carry decals/glass decals with the FWC trademark and insignia as standard, in compliance with copyright and intellectual property regulations.

3.3. Individual additional equipment is available for each vehicle model and can be booked for a fee. The provision of additional equipment must be explicitly stipulated in writing in the rental agreement. Further information can be found on the vehicle details page on the FWC website. If the Renter decides not to collect the booked additional equipment, and this has already been prepared and/or installed on the Vehicle, there will be no refund of the rental price for the additional equipment.

4. DURATION OF THE RENTAL

4.1. The rental period will be as stated in the booking confirmation (scheduled pick-up date/time until the scheduled drop-off date/time. The rental price for FWC vehicles is calculated per night, i.e. the vehicles can generally be collected between 14:00 and 17:00 on the day the rental begins and can be returned between 8:00 and 11:00 on the day the rental ends. With respect to the time slots just described, the actual time will then be determined by the respective team at the individual Pick-Up Station; Renter requests for a specific pick-up/return time will only be met if this is technically and logistically possible. Early pick-ups/late returns may be booked at an additional cost (subject to availability).

4.2. Should the pick-up time be exceeded by more than one hour, the Renter shall be obliged to pay a penalty for the period of delay with respect to the pick-up time in the amount of EUR 50 for each additional hour. If the pick-up does not take place by the day scheduled for the start of the rental period and in the absence of notification by the Renter of a delayed pick-up, the provisions of Section 11.5 shall apply.

4.3. If the Renter has specific requirements regarding the vehicles (e.g. he needs winter tyres in September or wants the vehicle, at the time of collection, without the decals/glass decals referred to in 3.2. of these T&C), he must inform FWC as soon as possible. Each specific request will be examined on a case-by-case basis and the relevant additional cost will be quoted to the Renter. FWC will endeavor to meet such specific requests, but reserves the right to reject them if technical or logistical problems arise. However, any specific requests, even if not fulfilled, will not affect the effectiveness of the rental agreement and the clauses of these T&C.

5. AUTHORIZED DRIVER OF THE VEHICLE

5.1. When collecting the Vehicle, the Renter must present:

5.1.1. a valid driving license for the entire duration of the rental period and issued at least one year after the planned start date of the rental period, which entitles him/her to drive the rented Vehicle and which is valid for all countries in which he/she intends to travel;

5.1.2. a valid means of payment accepted by FWC (Section 10.10);

5.1.3. a valid identity card or passport for the duration of the rental.
The documents mentioned in Sections 5.1.1. and 5.1.3. above must also be provided for any additional drivers.

If the Renter is not able to present these documents when collecting the Vehicle, FWC may refuse to conclude the rental agreement or will have the right to terminate the same pursuant to Article 1456 of the Italian Civil Code, if already signed, withholding the amount already paid by the Renter as a deposit pursuant to Article 1385 of the Italian Civil Code (Section 10.3.). In this case, the Renter will not be able to plead any breach of contract on the part of FWC or claim any damages and/or compensation for any reason whatsoever.

5.2. The Renter and/or driver must be at least 18 years of age and have at least 1 year of experience driving a comparable motor vehicle. (It should be noted that local legal provisions that provide for further restrictions must be complied with: E.g. in Italy, from the second to the third year inclusive, a novice driver can drive a motorhome. In any case, the speed limits imposed on novice drivers for driving vehicles must be respected: 90 km/h on highways and 100 km/h on motorways).

5.3. The Vehicle may only be driven by the Renter or the additional driver indicated in the rental agreement. All drivers of the Vehicle must be indicated as additional drivers by the time the Vehicle is collected and must be in possession of the aforementioned documents and licensing requirements which will be recorded by FWC.

The Renter represents and warrants that all documents submitted to FWC (and all information contained therein) are true, complete, and valid.

The Renter is jointly and severally liable with the additional drivers for their conduct.

5.4. Unauthorized drivers are those who do not meet the requirements of the previous Sections; they are not authorized to drive the Vehicle. Violation of this prohibition entitles FWC to terminate the rental agreement pursuant to Section 1456 of the Italian Civil Code. Claims for compensation/damages by the Renter are excluded in this case. FWC's right to compensation for damages due to the breach of the above-mentioned prohibition remains unaffected.

The Renter is jointly and severally liable for damage caused to FWC by unauthorized drivers.

5.5. The unauthorized driver is not covered by the comprehensive insurance or the additional services offered by FWC (deductible reduction). Insurance cover therefore exists exclusively within the scope of the compulsory third-party liability insurance.

5.6. Presence of pets: Pets are generally allowed in our vehicles subject to notification to FWC at the time of booking. An additional service fee of € 99 will be charged for cleaning the Vehicle after the rental, while the Renter will remain liable for all damages caused by the pet inside and outside the Vehicle. It is the Renter's responsibility to ensure that the pet travels safely and in accordance with applicable local regulations. FWC will not be liable for any fines/sanctions or legal fees arising from the presence of the pet inside the Vehicle.

6. VEHICLE USE, TERRITORIAL LIMITS, ROAD TRAFFIC REGULATIONS

6.1. The Customer may only use the Vehicle within the territory of the European Union. Outside these territorial limits, the Vehicle will not be covered by any compulsory motor third party liability insurance policy nor will any conventional deductible reduction operate. If the Customer wishes to use the Vehicle in countries other than those listed above, he must obtain FWC's prior written consent. In such a case, FWC will endeavor to obtain and provide adequately extended insurance cover for such countries at additional cost to be borne exclusively by the Customer.

6.2. It is the Customer's responsibility to inform himself about the specific regulations in force in the countries where he intends to travel, in particular the rules governing road traffic and toll obligations, as well as the appropriate equipment and technical specifications of the Vehicle. The Customer will be liable to FWC for violations of these obligations. In the event that FWC (as sub-hirer) and/or FWC - FreewayCamper GmbH (as owner of the Vehicle) should receive demands for payment of tolls, fines and/or penalties, they will be exempted from payment thereof and held harmless by the Customer for the full amount of the fines/sanctions.

7. PICK-UP OF THE VEHICLE

7.1. At the booked pick-up location, the Customer will be given the Vehicle ready to drive and a key. The Vehicle will be handed over with a full tank of petrol, clean inside and with all operating fluids in sufficient quantity. The keys will only be handed over to the Renter after the balance of the outstanding amount and/or the collection of the deposit (Section 10.3.) in connection with the booked rental and/or additional products/equipment. If these payments/collections are not made, FWC reserves the right to refuse to conclude the rental agreement or to terminate the same pursuant to Article 1456 of the Italian Civil Code, if it has already been signed, retaining the amount paid by the Customer as a deposit pursuant to Article 1385 of the Italian Civil Code (Section 10.3.)

7.2. The Customer is obliged to check the condition of the Vehicle prior to collection. Upon collection of the Vehicle, the rental agreement will be drawn up, which will contain the specific contractual conditions applicable to the rental, the characteristics of the rented Vehicle, the agreed start and end times and locations, the products/services, including accessories/additional items included and the economic conditions applicable therein, as well as the delivery report, indicating the state of use and condition of the Vehicle at the time of delivery, any pre-existing damage. The Rental Agreement and the handover report may be contained in a single document.

The rental agreement and delivery report must be signed by the Customer and FWC, also in graphometry form.

Damage reported by the Customer after the handover report has been signed can no longer be taken into account and will not affect the hire contract.

7.3. FWC is not obliged to dismantle the bicycle rack - if present - even if it was not reserved by the Customer.

7.4. The Vehicle will be delivered to the Customer with a full fuel and AdBlue® tank (unless otherwise stated in the delivery report). It will also be ensured that there is sufficient engine oil. The Vehicle must be returned by the Customer with the same amount of fuel as indicated in the delivery report.

7.5. In the cases expressly provided for regarding devices aimed at preventing the abandonment of children (L. 117 /2018 and the relative implementation decree) and where requested by the Customer, FWC will equip the Vehicle with the aforementioned devices and make available to the Customer the relative certificates of conformity issued by the manufacturer of the same. The Customer is solely responsible for the correct installation and verification of the full effectiveness of these devices. It is the responsibility of the Customer and any other authorized drivers to verify their correct installation and full effectiveness, in accordance with the relevant provisions of the Highway Code. In the event of a malfunction or defect in the device prior to removal of the Vehicle, the Customer must notify FWC immediately. FWC is in no way liable for damage resulting from the incorrect installation and/or failure of the devices.

8. RETURN OF THE VEHICLE

8.1. The rental ends upon expiry of the contractually agreed rental period. Should the Renter continue to use the Vehicle beyond the expiry of the agreed rental period, the rental agreement shall not be considered extended. Should the Renter return the Vehicle early, i.e. before the expiry of the agreed rental period, this shall not result in the early termination of the rental agreement. Notwithstanding the foregoing, the early return of the Vehicle to FWC by the Customer will in any case result in the transfer of the risk and liability relating to the Vehicle back to FWC.

8.2. If the agreed return time is exceeded by more than one hour, the Customer shall pay a penalty for the period of delay in the amount of €50 per hour up to a maximum amount corresponding to twice the average daily rental fee of his booking. If the delay causes damage to the subsequent hirer, the Renter shall also have to pay an additional indemnity corresponding to the amount of the fee that had been planned for the subsequent hire. The Renter shall, however, have the right to prove that no damage (or minor damage) was caused to FWC.

8.3. The Renter is obliged to return the Vehicle to FWC at the end of the rental period, with the tank completely full of fuel, clean (swept, vacuumed) inside and in a ready-to-use condition, at the agreed drop-off location and at the agreed time (unless the fuel tank was not full at the time of pick-up - in which case the Vehicle must be returned with the same amount as at the time of pick-up).

8.4. If the Customer does not comply with all or part of the obligation to clean the Vehicle, or if the Vehicle is returned smelly, FWC will charge the Customer the costs of the cleaning service, calculated according to the time and material used, at a minimum flat rate of €50. If the Customer does not return the Vehicle with the fuel tank completely full, FWC will refuel it, charging an additional service fee of €30 on top of the fuel costs incurred. Should the vehicle be returned in a dirty condition on the outside, an additional cleaning service fee of €50 will be charged.

FWC vehicles are not equipped for automatic (semi) car wash facilities. Self-service wash cubicles may be used as an alternative, but care must be taken with the maximum dimensions allowed inside such facilities.

If the toilet cistern has not been emptied and cleaned or the grey water tank has not been emptied, an additional cleaning service charge of € 100 per tank/cistern will apply.

8.5. Upon return, the rented Vehicle shall be inspected in the presence of the Renter, and the result of the inspection shall be recorded in a handover report to be signed by both parties. If damage is discovered that was not previously indicated in the rental agreement/delivery note, it shall be assumed that the damage was caused by the Renter, unless the Renter is able to prove that the damage was already present when the Vehicle was collected.

8.6 In the event that the Vehicle is returned in adverse weather conditions (heavy rain, snow, fog), or poor visibility, or if the Vehicle is returned dirty, FWC reserves the right to inspect the Vehicle only on the following day (when conditions for inspection are better) in order to be able to verify the absence of damage. The Customer may attend the inspection in person at the location or via remote channel (video call). If the Customer does not wish to attend the inspection, the return report, drawn up by FWC, will be sent to him by e-mail with photos of the newly-detected damage and shall also be binding on the Customer. If no new damage is found, the security deposit (Section 12.) will be released/returned to the Customer.

8.7. If the Customer does not return the vehicle or the relevant key to FWC - even if not through his fault (except in the case of theft) - at the end of the agreed rental period, FWC will be entitled, for the duration of the withholding, to demand as a penalty at least double the previously agreed rental amount, reserving however the right to claim further damages.

8.8. Furthermore, should the Customer fail to inform FWC of a delay in returning the Vehicle, FWC will be entitled to file a complaint/complaint with the competent authorities for the appropriate reasons.

8.9. If the vehicle is returned before the agreed rental period expires, the Renter shall not be entitled to any reduction or refund of the rental price.

8.10. The (early) return of the Vehicle without carrying out the formal return operations at or near the Pick-Up Station (whether on public or private property) is at the Renter's risk. FWC will not be liable for any damage caused by such conduct prior to the formal return date pursuant to this Section 8.

9. VEHICLE DAMAGE AND INSURANCE, DEDUCTIBLE REDUCTION

9.1. If, during the rental agreement, damage is caused to the Vehicle that did not exist at the time of delivery of the Vehicle or that was not indicated in writing in the delivery report, the Customer shall bear the repair costs, unless he can prove that the damage existed prior to collection.

9.2. All vehicles rented through FreewayCamper platform have a liability insurance with an excess of € 1,500 per claim (each damage) to be covered by the Renter (€ 2,500 in case of drivers under 23yo). Exceptions for what is not limited to the deductible can be found in the points 9.3-9.6. Our Bronze Protection Package is included in the rental price, upgrades extending the protection coverage and limiting the amount of the deductible (and deposit) can be booked additionally. Details can be found in the Protection Packages Overview.

9.3. The amount of the security deposit (as per Section 12.) does not limit FWC's right, if any, to claim damages against the Customer in excess of the security deposit. The compensation includes the repair costs (based on an expert's report on the vehicle, the invoice (or estimate) of the workshop or the costs of spare parts and working hours - if the damage was repaired by FWC personnel) plus the damage management fees. For example: if two separate claims occurred, the deductible will be applied for each claim and thus 2 x € 1,500.

9.4. It should be noted that there is no insurance cover for the following damages, and they are therefore to be borne by the Customer at 100% (even if in excess of the amount of the security deposit):

9.4.1. damage to the awning, sunroof and the interior of the vehicle.

9.4.2. Damage caused by wilful or negligent behaviour on the part of the driver, or in any case by violations of the Road Traffic Act or the regulations in force (e.g. but not limited to damage caused by driving under the influence of alcohol or drugs); by failure to respect the width of the roadway and/or the height of any passages/tunnels/underpasses by manoeuvring without the assistance of a second person; by overloading/incorrect loading of the Vehicle; by overloading in excess of the permitted gross weight of the Vehicle; starting the engine or driving with an insufficient oil or water level; driving on unsuitable or unpaved roads).

9.4.3. tyre damage occurring during the rental period, unless the Renter can prove that it existed prior to delivery of the Vehicle, or a special agreement has been signed with FWC for the conventional reduction of the deductible in the event of damage. The costs of towing services or tyre fitting will not have to be borne by the Renter when using the roadside assistance service specified in the rental documents. The costs of spare parts, such as tyres, must, however, be paid by the Renter. The spare wheel may not be mounted on the Vehicle by the Renter, but only by a roadside assistance service. Any tyre damage found at the time of return, which was not indicated in the delivery report, shall result in the retention of an amount equal to the price of the new tyre(s).

9.4.4. damage to car windows/windows that were not indicated in the handover report shall result in the payment of a lump sum of EUR 1,500 (corresponding to the average price of a new window).

9.4.5. improper filling of the tanks: e.g. if the diesel tank is filled with water and, vice versa, the water tank is filled with diesel fuel. This would inevitably result in substantial damage to the Vehicle. In this case, the corresponding repair costs will be charged to the Customer in full. The Customer shall also be liable for damage caused to the Vehicle and accessories.

9.4.6. engine damage caused by failure to check the oil and cooling water level. The Customer is obliged to check the oil level, cooling water level, tyre pressure and the condition of the tyres before and during the trip. If, upon return of the vehicle, there is damage to the vehicle caused by failure to check, the Renter shall bear the full cost of repair.

9.4.7. damage to the Vehicle caused during the use of ferries or car trains. All costs for damage to the Vehicle during its transport will be borne by the Customer. Instead, the Customer must report any damage caused to the ferry and other means of transport to FWC. The total loss of the Vehicle due to sinking is covered by the Customer's insurance.

9.4.8. Damage caused by storms, hail, flooding, collisions with wild animals, avalanches, marten bites or any other nature-related scenarios are the responsibility of the Charteree. In these cases, an excess of EUR 1,500 shall apply.

9.4.9. A list of minor damage charges for frequent damage (e.g. broken table, damaged awning) is available at the pick-up station.

9.5. If damage is found when the vehicle is returned and the Customer accepts responsibility for this by signing the return report, the following provisions shall apply according to the extent of the damage: All damage, in particular substantial damage, damage that endangers the return of the rented vehicle and the subsequent rental and/or that results in a standstill period for repair, shall be compensated on the basis of a cost estimate from a repair shop or an expert's report. Without prejudice to and without prejudice to claims for compensation for further damage due to loss of profit, loss of use, towing costs, expert fees, etc. that may arise.

9.6. If the Vehicle breaks down and the Customer is unable to continue the journey, the mobility service offered by the manufacturer must be called in (the details of which are described in the User Manual for the Vehicle and/or the rental agreement sent by e-mail with the handover report). In addition, FWC must be consulted to decide how to proceed in the event that the damage cannot be repaired within 1 day. FWC reserves the right to reimburse only those costs which have been authorised in advance (in writing, by an employee of FWC) for the Renter's accommodation due to the breakdown of the Vehicle, up to a maximum of € 79 per night (upon presentation of the relevant receipts). No other expenses, such as for food, entertainment and/or other, will be reimbursed by FWC.

9.7. Damage caused by storms, hail, flooding, collisions with wild animals, avalanches, marten bites or any other nature-related scenarios are the responsibility of the hirer. In these cases, an excess of EUR 1,500 shall apply.

9.8. The customer may purchase additional protection packages at FWC to reduce the security deposit and deductible. The packages can be viewed at the following link.

The deductible reduction packages do not operate in the event of wilful misconduct or gross negligence on the part of the Customer and/or Authorised Drivers.

10. PRICES

10.1. The Customer will have to pay the rental price to FWC, based on the amount indicated at the time of booking, or with any changes agreed when signing the rental agreement (e.g. the price may vary if additional services or equipment are requested). The final price shall therefore be the total amount agreed in the rental agreement.

10.2. The price due for the rental shall include the provision of the Vehicle, the basic and/or additional equipment requested, any agreement on the conventional reduction of the deductible in the event of damage.

10.3. The online booking, made by the Renter on the FWC website, will be considered as an irrevocable proposal to conclude the rental agreement on the particular conditions agreed upon during the booking process and on the general conditions in force. In the event of acceptance of the proposal by FWC, the Renter must pay, as a guarantee of the obligation to conclude the rental agreement - using the payment methods offered online - a deposit, pursuant to Article 1385 of the Civil Code, in an amount corresponding to the expected price for all services booked, including VAT.

10.4 The preparation fee of EUR 99 is a one- time fee payable per rental and covers the costs of preparation and delivery of the vehicle: basic equipment, AdBlue, a gas cylinder, the presentation of the vehicle at delivery.

10.5. Upon receipt of the reservation, FWC will send the Renter - via e-mail - a confirmation of reservation and a voucher indicating the amount of the deposit paid.

10.6. Where applicable, the right of withdrawal pursuant to Article 59, letter n) of Legislative Decree 6.9.2005 No. 206 (Consumer Code) is excluded with respect to bookings made through the FWC website, or through other means of distance communication (e.g., by e-mail, telephone, etc.), or outside pick-up stations (points of sale).

10.7. The rental agreement will be signed upon pick-up of the Vehicle on the agreed terms and conditions and in accordance with the general terms and conditions in force.

10.8. Any coupons or special promotions of FWC are not cumulative.

10.9. The Customer agrees that FWC will send invoices in electronic format, in accordance with the regulations in force, to the recipient indicated in the invoice, which will be sent to the e-mail address provided to FWC. The Customer therefore agrees to no longer receive invoices in paper format.

10.10 The means of payment accepted by FWC are: credit cards (Discover Card, Visa, American Express, Maestro, MasterCard), VisaElectron, CarteBleue, Dankort, PostePay, Servired, Sofort, EPS, GiroPay, Idealbrand, PayPal, bank transfer, and cash payments up to €2,000 (threshold valid until 12/31/2023).

11. CANCELLATION OR MODIFICATION OF THE BOOKING

11.1. In case of cancellation of the reservation by the Renter made at least 45 days before the start of the rental, the amount paid as a deposit shall be returned in full without penalty.

11.2. In the event of cancellation of the reservation by the Renter made less than 45 days prior to the rental date, but no later than the 30th day from that date, a penalty equal to 40% of the agreed price for the rental will be withheld from the amount paid as a deposit.

11.3 In the event of cancellation of the reservation by the Renter made less than 30 days before the rental date, but by the 15th day from that date, a penalty equal to 70% of the price agreed for the rental shall be withheld from the amount paid as a deposit

11.4. In case of cancellation of the reservation by the Renter made less than 15 days but more than 48 hours before the start date of the rental, a penalty of 90% of the agreed rental price will be withheld from the amount paid as a deposit.

11.5. In case of failure to collect, without notice, the rented Vehicle on the agreed date, the entire amount paid by the Renter as a deposit equal to 100% of the agreed price for the rental will be withheld as a penalty. If the deposit has not been paid, FWC may act to demand payment of the same. This is without prejudice to FWC's right to demand termination of the contract and to claim damages pursuant to Article 1385, Paragraph 3 of the Civil Code. However, any compensation of FWC will be deducted should it otherwise succeed in renting the Vehicle during the booked period.

11.6. Should the Vehicle be returned before the date set for redelivery, the full rental price agreed in the rental agreement shall still be paid.

11.7 Additional equipment can be cancelled separately from the reservation with the following charges.

Cancellation of additional products:

-less than 45 days before the start of the rental - there is no Cancellation fee

-less than 45 days but more than 48 hours before the start of the rental - 50% of the additional product is withheld

-48 hours before the start of the rental - 75% of the additional product is withheld

Cancellation of additional services:

- at least 15 days before the start of the rental - no amount of the additional product is withheld

- less than 15 days but more than 48 hours before the start of the rental - 25% of the additional product is withheld

- 48 hours before the start of the rental - 50% of the additional product is withheld

11.8 In any case of cancellation, made at least 48 hours before the date of departure, alternatively to the conditions set out in the preceding paragraphs, the customer may request rebooking. In the event of rebooking, the customer shall receive a voucher in the amount of 100% of the amount paid up to that moment, which cannot be extended and can be used in the following 6 months from the date of issue.

12. Deposit

12.1.In order to secure all of FWC's rights and claims arising from and/or related to the rental agreement on the one hand, and the Renter's fulfillment of its contractual obligations on the other hand, the Renter will pay FWC a security deposit of € 1,500.00. For drivers under 23 years of age on the date of commencement of the rental, the security deposit will amount to € 2,500.00. The security deposit must be paid (i) by POS payment (ii) by pre-authorization on the credit card (of the circuits enabled by FWC) at the latest at the time of the pick-up of the Vehicle or (iii) by bank transfer, credited to the following bank details of FWC, at least 7 days before the start of the rental:

Bank: Banco BPM

Account holder: FWC – FreewayCamper Italia – S.r.l.

SWIFT: BAPPIT21201

IBAN: IT75T0503401737000000006998

Title: Reservation number + name, Camper name, reservation period

12.2 FWC shall not be obligated to pay the security deposit to an account opened for the purpose. The security deposit is not subject to interest.

12.3. The security deposit will be released/returned by bank transfer (as applicable) within a maximum period of 14 days following the return of the Vehicle if (i) the Vehicle is returned in the same condition as found in the handover report and in accordance with the terms of the rental agreement and if (ii) no other credit or any (potential) damage claims exist in favor of FWC under the rental agreement.

12.4. Upon collection of the Vehicle, any existing damage shall be noted in writing in the relevant delivery report. This is without prejudice to any rights of FWC for the liability of the Customer in respect of defects or damages caused by him, hidden or concealed, which by their nature could only be detected/determined by FWC after the redelivery (and which therefore cannot be recorded in the redelivery report). In this case, the provisions of the law shall apply.

12.5. When damage is caused, your deposit is always retained in full. If you have booked additional insurance, which covers damage you have caused under its insurance conditions, the deductions made against the damage will not exceed the deductibility covered by your insurance package.

12.6 Where the Customer has purchased an additional protection package for conventional deductible reduction (in case of damage), only the amount resulting from the conventional deductible reduction shall be retained.

13. CONDITION OF THE VEHICLE, IMPAIRMENT OF USE, REPAIRS

13.1. FWC is obliged to deliver the Vehicle to the Renter in good technical condition, ensuring its stability and safety on the road.

13.2. The Vehicle will be delivered washed both inside and outside. In case of unfavorable weather conditions, such as rain or snow, the exterior cleanliness may not be guaranteed.

13.3. For the purpose of assessing the actual condition of the Vehicle, the delivery report at the time the Vehicle is picked up and the redelivery report at the time of its return shall be authentic.

The said minutes shall form an integral part of the rental agreement.

13.4. If, during the rental period, repairs are necessary to ensure the operational safety of the Vehicle, the Customer may carry out such repairs himself (where the nature of the fault and the Customer's technical knowledge permit). He may, alternatively, entrust the repair to a garage; in such case and if the expected repair costs exceed €50, prior written consent from FWC will be required. Repair costs will be reimbursed by FWC only after presentation of the relevant tax receipts, except in the case where the Customer was not responsible for the repair itself. The time taken by the Customer for the repair will not be remunerated.

13.5. If the Customer detects a defect in the Vehicle such that its use is significantly restricted and large-scale repairs are necessary, the Customer shall inform FWC immediately. If it is not possible to eliminate the defect immediately by quick repair, both parties shall have the right to terminate the contract without notice. However, the Customer will remain obligated to pay the agreed price for the period of use until the defect occurs.

13.6 In the event that the failure of the Vehicle prevents the Customer from continuing the trip, the FWC Customer may contact the Customer Service through the FWC website or at +39 02 3858 2379.

14. OBLIGATIONS AND DUTIES OF THE RENTER

14.1 The Customer is obliged to use the Vehicle with care and attention, to comply with the rules governing road traffic, to be familiar with the instructions for use of the vehicle and the technical rules of use. In particular, the Customer is obliged to check the level of engine oil, AdBlue®, water and tire pressure. He/she shall, in addition, carry out the necessary overhauls and regularly check whether the Vehicle is in a safe and suitable condition for road use. The Vehicle shall be properly operated. The fulfilments provided for the Renter, such as filling the engine oil tank, shall be carried out properly. The Customer must, then, make sure that the chosen engine oil is suitable for the Vehicle. The specific characteristics of the engine oil can be viewed in the summary table in the owner's manual attached to the Vehicle's documentation.

14.2. In case of using the wrong fuel or refueling with the wrong engine oil, the Customer will be responsible for the costs incurred in towing the Vehicle and/or repairing the damage. In addition, the Customer shall pay close attention to the warning light display in the Vehicle and take the necessary measures according to the operating instructions, if any. In case of doubt, the Renter should contact FWC.

14.3 Only the Renter and/or authorized driver(s) shall be authorized to drive the Vehicle; the Vehicle shall not be delivered and/or left at the disposal of third parties, unless FWC has given its prior consent in writing.

14.4. FWC shall be notified immediately in case of defects and damages to the Vehicle, accidents, theft, etc. In case of theft of the Vehicle, the Renter or driver(s) is/are obliged to immediately provide FWC with a copy of the report filed with law enforcement agencies together with the keys and documents of the Vehicle, provided that they have not also been stolen together with the Vehicle.

14.5. The Customer is obliged to protect the Vehicle from excessive stress in every way. In particular, the Customer agrees to comply with all road traffic laws and regulations in force in the various countries in which it should travel. Driving is permitted only with the gas cylinder closed and the safety catch properly engaged. The Vehicle may only be used on public roads.

In particular, it is strictly forbidden to use the Vehicle for:

14.5.1. participation in motor racing, sports or similar competitions;

14.5.2. testing the Vehicle or courses on driving safety;

14.5.3. participation in off-road racing;

14.5.4. transportation of highly flammable, toxic or dangerous substances or products that violate applicable laws;

14.5.5. driving school exercises;

14.5.6. transportation services for a fee;

14.5.7. sub-hiring;

14.5.8. committing customs and other criminal offenses, even where they were punishable only by the Ordinance of the place where the offense was committed;

14.5.9. towing or pushing another Vehicle or trailer, unless the total weight specified in the Vehicle's owner's manual was met and the Vehicle was equipped with an appropriate tow hitch;

14.5.10. transportation of live and dead animals. In this case, the costs for any special washing required would be borne by the Customer and would be calculated on the basis of the actual costs, but with a charge of at least €500 as a penalty;

14.5.11. transportation of persons or goods with a weight, quantity and/or volume exceeding the maximum permitted values as indicated in the Vehicle documents;

14.5.12. moving and transporting goods of any kind, which differ from the usual uses of an RV;

14.5.13. uses not in accordance with the contractual use.

14.6. The Renter (the additional authorized driver(s)) agrees not to drive in the event that he/she is not in a condition to drive the Vehicle; in particular, but not limited to, if he/she is in a state of intoxication or has taken drugs or psychotropic substances, or if he/she is unable to drive safely, for example, due to illness or fatigue.

14.7 The Vehicle shall be securely stored, in order to prevent theft, in accordance with the technical specifications on it. The Renter and additional drivers are required to ensure that the Vehicle is locked and that the anti-theft device, if any, is activated when the Vehicle is parked or unattended.14.8. È severamente vietato fumare all’interno del Veicolo. In caso di violazione di questo divieto, verrà addebitata una tariffa, per il servizio di pulizia speciale, pari ad € 500.

14.8. The Customer shall secure and properly secure the cargo in order to prevent it from causing damage to the Vehicle and/or posing a risk to passengers and/or third parties. The prescribed standards for securing cargo shall be complied with.

14.9 The Renter shall be liable to FWC for all consequences arising from the breach of the above obligations. In particular, failure to comply with these obligations may give rise to claims for damages against the Customer.

14.10. When renting vehicles with an AdBlue® tank, the Renter shall ensure that the AdBlue® tank is sufficiently full at all times. The Renter and the driver(s) shall be liable without limitation for violations of the aforementioned obligation committed during the rental; the Renter shall indemnify the renter against all claims asserted by authorities or third parties against the renter for failure to refill the AdBlue® tank, in particular from fines/sanctions and warnings.

The Renter shall collect the Adblue® tank with a range of at least 5,000 km at the beginning of the trip (according to the on-board computer). The Customer is obligated to regularly check the AdBlue® tank and ensure that it is adequately refilled at his or her own expense in case of flashing warning signs. Should the Vehicle stop due to non-compliance with the warning signs, then the Customer shall be held solely responsible for any damage thereby caused to the Vehicle and shall bear all related repair costs.

15. RESPONSIBILITIES OF THE RENTER

15.1. The rental agreement and in particular the handover report will be decisive for the quality of the rented thing and the contractually agreed conditions. The Renter will check that the Vehicle corresponds to its expectations and requirements before the conclusion of the rental agreement.

15.2 The Renter shall immediately report to FWC any defects in the Vehicle, as well as indicate in writing in detail what is found. In case of failure or delay in reporting, the Renter may be subject to a penalty of € 1,500.

15.3. FWC shall, as partial compensation for the administrative burden and management costs, charge a flat fee of €50 for the handling of any violations of traffic regulations and/or for violations of regulations relating to public order and/or any other legal provisions, particularly in criminal matters, committed by the Renter or the driver(s) (e.g. excessive speed, illegal parking, etc.), without prejudice to FWC's right to compensation for further damages.

15.4 The Renter, prior to departure, shall inquire about the regulations governing tolls in force in the countries to which he/she intends to travel. All applicable toll charges will be borne by the Customer. In some countries, use of ferries, etc., registration and payment must be made in advance. The Renter will be liable for any violation of toll rules and/or contracts to the respective extent applied. FWC, as partial compensation for the administrative burden and handling costs, will charge a flat fee of €50 for handling the relevant payment requests.

15.5. In case of loss of the original registration certificate of the Vehicle, FWC, as partial compensation for the administrative burden and replacement costs, will charge the Customer a flat fee of € 250.

15.6 The Vehicle is insured in accordance with Section 9.3. In the event of destruction and/or damage to the Vehicle due to wilful or grossly negligent conduct of the Renter (and/or the additional authorized driver(s)), the Renter shall indemnify the relevant damages. Multiple renters shall be jointly and severally liable.

15.7 The Customer shall be liable for damage to the Vehicle due to its fault up to the amount of the deductible under Section 9.3 or up to the reduced amount in case of agreement on conventional deductible reduction.

However, the Customer is unlimitedly liable for damage caused by:

- reversing the Vehicle without the assistance of an auxiliary person,

- wilful misconduct, gross negligence,

- improper use of the Vehicle or contrary to the rental agreement,

- non-compliance with the maximum heights and widths of overall dimensions,

- driving under the influence of drugs, narcotics, alcohol,

- late return,

- violations of the provisions of the rental agreement.

In addition, the Renter shall be unlimitedly liable in case of failure to assist, i.e. if the damage was caused by the use of the Vehicle by an unauthorized person, unless the unauthorized use occurred against the Renter's will, and the Renter was unable to prevent it. The Customer shall be liable for damage to the interior and exterior of the Vehicle, to the extent that the damage has not been compensated by a third party.

In case of disagreement on the extent of damage, FWC may engage an expert to prepare an expert report at the Renter's expense.

15.8. The Customer shall be liable for all damage to the Vehicle caused by operating/maneuvering errors, overloading, or violation of other obligations listed in Section 14 of these T&C. The Renter shall also be liable for damages intentionally or culpably caused by its relatives, workers, employees, other drivers, or any third parties who came into contact with the Vehicle through the Renter, to the extent that the Renter has culpably failed to provide FWC with information and statements about the persons involved and the manner of occurrence of the accident required by FWC to enforce its claims against them. The Renter will also be liable if the damage is not discovered until after the return of the Vehicle. In this case FWC will have to prove that in the meantime the Vehicle has not been used by its own personnel and/or third parties.

15.9 The Renter or the driver shall take all necessary and appropriate measures to shed light on the claim and, more specifically, they shall respond fully and truthfully to FWC's inquiries about the circumstances of the accident and shall not leave the scene of the accident before the necessary surveys, as well as those relevant to FWC in terms of assessing the dynamics of the accident, have been carried out.

15.10. In the event of an accident or damage to the Vehicle, the FWC will charge, as partial compensation for the administrative burden and management costs, a sum of € 250. In case of intentional concealment of damage, a contractual penalty in the amount of € 1,000 will be charged, without prejudice to any further right to damages.

16. LIABILITY OF FWC

16.1. FWC shall be liable under the law for any damage caused intentionally or through gross negligence by itself, its legal representatives, or its employees. FWC is otherwise liable only for injury to life, limb, and health.

16.2 To the maximum extent permitted by applicable law, FWC's liability for slight negligence shall be limited to contractually foreseeable damages and shall be enforceable only for breach of fundamental contractual obligations. Fundamental contractual obligations are those obligations whose performance constitutes the essence of the contract and upon which the Customer may rely.

16.3. The liability of FWC for damage resulting from defects pursuant to Article 1578, paragraph 2 of the Civil Code in the event of slight negligence is excluded, without prejudice to the liability of FWC for intent and gross negligence.

16.4. FWC assumes no liability for any damage and/or for the removal of property belonging to the Renter or his/her fellow travelers, or driver(s), which may be forgotten in the Vehicle at the time of return, except in the case of willful misconduct or gross negligence on the part of FWC, its employees or auxiliaries.

16.5 If, in exceptional cases, the private vehicles of the Renter, driver(s), or fellow travelers are parked on FWC's areas, FWC will not assume any liability for any damage or theft.

16.6. The rental agreement shall be deemed to be terminated as of right pursuant to and for the purposes of Article 1456 of the Civil Code, if FWC declares to the Renter that it intends to avail itself of any of the express termination clauses, due to violation, even partial, of the provisions of Sections 5.1.3.

17. BEHAVIOR IN THE EVENT OF TRAFFIC ACCIDENTS AND OFFENCES

17.1 An accident, for the purposes of this T&C Section, shall mean an event that acts suddenly from the outside with mechanical force on the Vehicle. Damage to the brakes, the operation of the Alley, and the mere breaking of parts of the Vehicle itself are not considered accidents. Damage caused by sliding load, improper refueling, improper gear shifting, operator's operating/maneuvering errors, overloading of the Vehicle, and damage occurring between the towing and towed or towed Vehicle without action from the outside are not considered accidents.

17.2 If, during the use of the Vehicle, the Customer is negligently or unintentionally involved in a traffic accident, impact with wild animals, fire or the like, he/she shall immediately inform the police, requesting their intervention and recording the dynamics of the accident and/or damage. The request for the intervention of law enforcement agencies is indispensable in case third parties are involved in the accident; failure to do so will result in a penalty of €1,500.00.

The Renter and any additional drivers shall refrain from acknowledging any responsibility in the accident.

17.3 In all cases, the Renter shall provide FWC with the duly completed European Standardized Accident Report (CID/CAI) form including, if applicable, the accident graphic and attach appropriate photographs. The Renter must also provide in writing the names and addresses of all parties involved and any witnesses. If the incident was reported by the police, the Renter shall also provide the address of the relevant police command and its protocol number.

17.4. The statutory provisions on automobile liability shall apply in all cases. The Renter shall not have to compensate the damage suffered by FWC in the event that FWC obtains damages from the other party to the accident, from third parties involved in the accident.

18. DATA PROTECTION

18.1. In the event that a navigation device is used, the navigation data entered during the rental may be stored in the Vehicle's device. In the event that cellular or other devices are paired with the Vehicle, data from such devices may remain stored in the Vehicle. Therefore, the Renter should take care to erase the data entered from the Vehicle's system to prevent it from remaining stored after return. FWC is not obligated to delete such data.

18.2 The hirer is authorized to process the personal data of the Renter, the additional driver(s) (and the payer if different from the Renter) received in connection with the commercial and contractual agreements concluded with the Renter in accordance with Regulation (EU) 2016/679 (GDPR) and the rules of the Italian Data Protection Ordinance, even if they had been obtained from third parties. For more information on FWC's processing of personal data, please see the Privacy Policy available on FWC's website (https://freeway-camper.com/en-it/privacy-terms).

18.3 Right to object to direct marketing: the Renter/Driver may object at any time to the processing of his/her data for advertising or market research or opinion polling purposes. Opposition must be sent to: FWC - Freeway Camper Italia S.r.l., Subject: Opposition under the GDPR, Via Bagutta 13, 20121 Milan or by e-mail to: info@freeway-camper.com.

19. FINAL PROVISIONS

19.1. The Customer may offset its claims against FWC only if they have not been disputed by FWC or have been finally established in court.

19.2. These T&CN, as well as the rental agreement, including all its annexes and essential and integral parts, are governed exclusively by Italian law, with the exception of the special and general terms and conditions of the Vehicle's third-party and comprehensive insurance and any additional insurance packages booked which are subject to the law of the Federal Republic of Germany.

19.3 Any dispute arising in any way from these T&CN, the rental agreement - including all its annexes and essential and integral parts - or related to or arising from them, will be the exclusive jurisdiction of the Court of Milan.

If the Customer qualifies as a Consumer under Legislative Decree no. 206/2005 (Consumer Code), the court of the place of residence or domicile elected by the Consumer Customer in the Italian territory shall have exclusive jurisdiction.

The European Commission has established an online platform (http://ec.europa.eu/consumers/odr/) for the out-of-court settlement of disputes, available in all languages of the European Union.

19.4 Any additional and/or supplementary verbal agreements made between the Renter and the Hirer shall not be deemed binding; all agreements between the parties shall be in writing. For acceptance of the rental agreement, the Renter/Customer shall sign the agreement, also in graphometry mode, while for acceptance by FWC the transcription of the text of the rental agreement without a handwritten signature shall be sufficient.

19.5 Should one or more provisions of these T&C be ineffective or void, this shall not affect the validity of the remaining contractual provisions.

20. COUPONS, PROMOTIONAL CONTESTS AND USE OF IMAGES

20.1 Validity of discount vouchers: Unless otherwise indicated, the following will apply to discount vouchers (starting September 2021): code valid for all FWC vehicle reservations until 10.10.2021 for travel until 31.12.2022. Redeemable at www.freeway-camper.com.

20.2 Only 1 voucher can be redeemed per reservation, and the same cannot be combined with other vouchers. The voucher must be used at the time of booking, as it cannot be applied afterwards.

20.3 Vouchers cannot be transferred to third parties.

20.4. Vouchers are not redeemable for cash.

20.5. Vouchers cannot be used for camping reservations.

20.6. should FWC receive participants' photos via Facebook, Instagram, or e-mail as part of promotional contests, it will be entitled to publish them on the company's account, Instagram and Facebook, and on its website. Contest participants will have no right to object to publication by FWC.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Renter, after taking careful and specific knowledge and vision, expressly approves and accepts the following clauses:

Section 3.1. Limitation of Liability.

Sections 5.1.3. and 5.4. Right of withdrawal

Section 7.5. Limitation of liability

Section 9.2 Insurance

Section 9. 9. Vehicle damage, Insurance, Conventional reduction of deductible

Section 10.3. Security deposit

Section 11. Cancellation or change of reservation

Section 12. Security deposit

Section 13.5 Right of withdrawal

Section 15. Liability of Renter

Section 16 Limitation of liability of FWC, Express termination clause

Section 19.1. Set-off of claims

Section 19.3 Jurisdiction