Terms & Conditions

Last update: 28.08.2024

General Terms and Conditions for Renters | Campers

1 GENERAL SCOPE OF APPLICATION

1.1 These General Terms and Conditions ("GTC") apply exclusively to all contractual relationships between FWC - FreewayCamper GmbH ("FWC" or also "Lessor") and consumers, business customers, legal entities under public law or special funds under public law ("Renter").

1.2 According to the legal definition in § 13 of the German Civil Code ("BGB") and for the purposes of these GTC, a consumer is any natural person who enters a legal transaction for purposes that can predominantly relate neither to his or her commercial nor to his or her self-employed professional activity. According to the legal definition in § 14 BGB and for the purposes of these GTC, a business customer is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

1.3 Individual agreements concluded with the Renter (including ancillary agreements, supplements, declarations and amendments) shall in any case prevail over these GTC. Subject to proof to the contrary, such individual agreement in text form (e.g. by e-mail) or a confirmation by FWC in text form shall be authoritative for the content of such agreements. Unless more specific provisions are made therein, they shall be supplemented by these GTC. Declarations by third parties shall have no influence, in particular no binding effect, on the rental relationship between FWC and the Renter.

1.4 With respect to Business Customer, their terms and conditions that conflict with or deviate from these GTC shall not become part of the rental contract unless FWC has expressly agreed to their validity in text form. These GTC shall also apply vis-à-vis Business Customers if FWC without reservation refers to correspondence which refers to Business Customer’s or a third party’s terms and conditions, makes references to such other terms and conditions or if FWC unconditionally accepts a service of the Business Customer with knowledge of his conflicting or deviating terms and conditions.

2 CONCLUSION OF THE RENTAL CONTRACT, INTERGRAL PARTS OF THE CONTRACT

2.1 All vehicles and offers presented on the FWC website do not constitute binding offers on the part of FWC but serve exclusively to submit a binding offer (booking request) for the conclusion of a rental contract by the Renter.

2.2 The rental contract is concluded when

(i) the Renter sends a booking request via the online reservation form on the FWC website and FWC confirms the reservation in text form (booking confirmation) or

(ii) the Renter and FWC come to an agreement by means of an offer and declaration of acceptance (order confirmation) in text form (e.g. by e-mail).

2.3 The rental contract also includes as an integral part of the contract the Handover protocol and Return protocol to be completed in full and signed by the Renter and the Lessor's rental station upon collection and Return of the vehicle, with the respective contents, the provisions on insurance cover, the price list for minor damage and the price list for additional services.

2.4 The subject of the rental contract is exclusively the rental of a vehicle (campervan, motorhome or comparable) with a standard interior and corresponding camping equipment. The equipment and accessory packages additionally booked by the Renter for the vehicle as well as additionally booked services are also subject matter of the rental contract. FWC does not owe travel services of any kind.

2.5 The vehicles are rented out exclusively for private purposes, such as holiday trips or similar. Use for the purpose of carrying out moves of any kind (e.g. transport of moving boxes and other household goods) are explicitly not permitted.

3 RENTAL OBJECT, REPLACEMENT VEHICLE

3.1 FWC will provide the Renter with the vehicle in accordance with the booked vehicle category as a rental object for the entire rental period.

3.2 If the vehicle cannot be provided in the booked vehicle category at the time of Handover, FWC reserves the right to provide the Renter with a vehicle of at least equivalent or better vehicle category comparable in size and equipment. This shall not result in any additional rental costs for the Renter. Extraordinary termination by the Renter in accordance with § 543, Para. 2 No. 1 BGB shall be excluded in such cases, unless the provision of the replacement vehicle fails, is unreasonably delayed or is refused by FWC. Any higher ancillary costs incurred for a larger replacement vehicle provided, such as ferry or toll fees as well as operating costs, shall be borne by the Renter. Insofar as legitimate interests of the Renter are opposed, the Renter may refuse to accept a larger vehicle as a performance in accordance with the contract.

3.3 If the Renter accepts an available replacement vehicle in a smaller vehicle category, FWC will refund the resulting price difference between the two vehicle categories.

3.4 If the rented vehicle is destroyed or its use is restricted or made impossible through the fault of the Renter, FWC may refuse to provide a replacement vehicle. Extraordinary termination by the Renter in accordance with § 543 Para. 2 No. 1 BGB is excluded in this case.

3.5 All vehicles are rented with their respective vehicle registration document.

3.6 The free basic equipment depends on the model - the exact details can be found on the FWC website. If the rented vehicle has a water system, the waste-water tank and toilet cassette are handed over to the Renter empty.

3.7 Depending on the vehicle, individual additional equipment is available and can be booked optionally for an additional charge. Booked additional equipment (e.g. bicycle rack, trailer coupling, etc.) and additional services (e.g. cleaning package, dog package, etc.) are listed in text form in the rental contract. The information on the inclusive and additional equipment of the respective vehicle as well as on the additional services can also be found on the vehicle details page of the FWC website.

3.8 The vehicle is handed over with a full fuel tank and full AdBlue filling, if an AdBlue tank is available, unless otherwise stated in the takeover record. The engine is filled with engine oil in the required and sufficient quantity. The vehicle must be returned by the Renter with the same amount of fuel as noted in the handover protocol.

4 RENTAL PERIOD

4.1 The booked and confirmed start and end dates for the period of use of the vehicle represent the binding start and end of the rental ("Rental Period"). The vehicle is to be taken over ("Handover") and returned ("Return") on the respective agreed dates (taking into account the time) at the rental station of FWC stated in the booking confirmation or at the location agreed between the parties.

4.2 The rental price for FWC vehicles is charged per night, therefore the regular/standard pick-up time is from 14:00-17:00 on the day the rental begins and the return time is between 8:00-11:00 on the day the rental ends. The exact time frame will be determined by the respective team at the FWC rental station named in the booking confirmation and noted in the Handover protocol/Return protocol, whereby requests by the Renter for a specific pick-up/return time will be considered if this is technically and logistically possible. An earlier pick-up/later return can be booked for an additional charge and subject to availability.

4.3 An extension of the Rental Period is only possible with the explicit consent of FWC in text form. The entitlement to use the rented vehicle shall only extend for the agreed Rental Period. A continuation of the use after the expiry of the Rental Period shall in principle not lead to an extension of the rental contract even without express objection by FWC. The provision of § 545 BGB shall expressly not apply.

4.4 The ordinary termination of the rental contract prior to the transfer of use of the vehicle is excluded. The right to extraordinary termination, the right to contest the contract or to rescind from the contract in accordance with the statutory regulations shall remain unaffected. An extraordinary right of termination shall be justified in particular, but not exclusively, by the breach of the Renter's obligations referred to in clause 14.

4.5 If the Renter has special requirements for their vehicle (e.g. winter tyres in September), he/she should inform FWC as early as possible. Each request will be assessed for feasibility on a case-by-case basis. FWC will endeavour to fulfil these additional requests but reserves the right not to fulfil them if technical or logistical problems arise. These additional requests, even if unfulfilled, will not affect the rental contract or these GTC.

5 AUTHORISED DRIVERS OF THE RENTAL VEHICLE

5.1 Upon Handover of the vehicle, the Renter must present the following:

(i) An original valid driving licence for the respective vehicle, valid in all countries travelled;

(ii) A valid means of payment (debit or credit card);

(iii) An original valid identity card or passport.

5.2 If the Renter is unable to present these documents when handing over the vehicle, FWC reserves the right to rescind from the rental contract. Claims of the Renter due to non-fulfilment are excluded in this case. Any costs incurred by FWC as a result of this and any damages incurred as a result of the rescission, including loss of profit, shall be reimbursed by the Renter.

5.3 The vehicle may - except in emergencies - only be driven by the Renter himself/herself or by the driver(s) specified in the rental contract. The Renter is obliged to provide FWC with the names and addresses of all drivers of the vehicle. Each named driver must present a valid driving licence and identity card or passport at the time of rental and/or at the time of handover of the vehicle. If the specified driver cannot be present at the time of Handover of the vehicle, the Renter shall present the driver's valid driving licence and identity card or passport. Before handing over the rented vehicle to another driver, the Renter is obliged to check whether this driver is in a fit condition to drive at the time of use and is in possession of the required and valid official permission to drive and is not subject to a driving ban. Furthermore, the Renter is obliged to inform the driver about the validity and content of the GTC.

5.4 Only persons who have reached the minimum age of 18 years and have been in possession of a driving licence valid for the respective vehicle class in the countries travelled in for at least one year, e.g. class 3, class B for vehicles with a permissible total weight of up to 3,500 kg, may be Renters and/or drivers. The Renter must ensure that only persons who fulfil the above-mentioned conditions drive the rented vehicle.

5.5 Persons who have not been registered as drivers with FWC and/or have not presented a driving licence are not entitled to drive the vehicle ("Unauthorised Driver(s)"). An at least negligent violation of this regulation entitles FWC to immediate rescission or termination of the contract.

5.6 Unauthorised Drivers do not enjoy insurance cover or protection through additional services offered by FWC and contractual partners. Coverage then exists exclusively within the framework of the statutory liability insurance (indispensable insurance cover).

5.7 Pets: Pets are generally allowed in the vehicles rented from FWC, provided that the Renter expressly informs FWC of this when booking the vehicle ("required advance information"). If dogs and cats are taken along, the Renter must book the so-called “Dog Package” and pay the expense allowance of € 99 stated in the Dog Package for dogs at all times and for cats only if the run free in the interior of the rental vehicle. The Renter has the express right to prove that the expense was not incurred at all or was considerably less. The Renter/driver is responsible for compliance with the relevant animal welfare, transport, vaccination, and transit/entry regulations. The Renter/driver is also responsible for the corresponding permissible safety devices/equipment for taking along pets.

6 CONTRACT TERRITORY

6.1 The Renter may only use the vehicle within the geographical boundaries of the contract territory. The contract territory includes the national territory of the member states of the European Union as well as Great Britain, Switzerland, Liechtenstein, Norway, Andorra, Albania, Macedonia, Bosnia Herzegovina, Serbia (without Kosovo), Montenegro. Outside these borders, there is no insurance cover in the vehicle insurance. Journeys to war zones are not permitted.

6.2 Should the Renter require an environmental badge for their vehicle, they must inform FWC of this at least 2 weeks before the handover of the vehicle. It should be noted that for some vehicles (especially new ones) an environmental badge may not be available.

6.3 The Renter must inform himself/herself about the country-specific laws of the countries visited during the rental period and of the transit countries, in particular traffic regulations, rules of order and toll obligations, and must comply with the traffic regulations applicable in each case. This also applies to the proper equipment and technical specifications of the vehicle.

6.4 If the Renter violates country-specific regulations, in particular in the case of all violations of traffic regulations and rules of order which expressly do not fall within the area of responsibility of FWC, the Renter shall be liable for these himself/herself. In the event of claims being made against FWC as the vehicle owner/holder (in German: “Fahrzeughalter”), such as fines and warning fees, charges and other costs levied by authorities or other bodies in the event of a corresponding culpable violation of the law, the Renter shall indemnify FWC on first demand against claims by third parties and reimburse FWC for all expenses arising from the claim. As compensation for the administrative expenses incurred by FWC for the processing of enquiries from within national territory (within the Federal Republic of Germany), which are addressed to FWC by prosecuting authorities and other third parties for the purpose of investigating administrative offences committed during the rental period (such as excessive speed, violation of the parking ban etc.), criminal offences or disturbances, a lump sum compensation of € 30 shall be due for each enquiry and shall be invoiced to the Renter. For such enquiries from abroad (outside the Federal Republic of Germany), a lump-sum compensation of € 50 shall be due in view of an increased administrative expense for FWC. In both cases, the Renter shall expressly have the right to prove that the expense was not incurred at all or was considerably less. The assertion of further damages by FWC shall remain unaffected by this.

7 HANDOVER

7.1 The vehicle and a key are handed over to the Renter ready to drive at the contractually agreed Handover location (regularly at a FWC rental station). The vehicle is handed over fully fuelled, checked with all operating materials, and cleaned inside. The keys will only be handed over to the Renter after the full rental payment has been made. This can be done with a valid payment method and transfer of the deposit. If the Renter does not meet his payment obligation despite the due date, FWC reserves the right to terminate the contract without notice. In this case, FWC shall be entitled to a lump-sum compensation amounting to 90 % of the agreed rental price. The Renter shall expressly be entitled to prove that FWC has incurred no damage or considerably less damage.

7.2 If the agreed time for handing over the vehicle at the start of the rental period is exceeded by more than one hour, the Renter shall be obliged to pay a lump-sum compensation of € 50 per hour for this period. The Renter expressly has the right to prove that no damage or considerably less damage has been incurred.

7.3 The Renter must always appear in person to pick-up the rented vehicle. Should the Renter be unable to attend the pick-up appointment in person, he/she is free to authorise a third party to pick-up the vehicle. The power of attorney must also extend to the Renter's obligations in accordance with clause 7.4 of the GTC. The Renter shall inform FWC of the authorisation. The authorised representative must present the required documents on behalf of the Renter in accordance with clause 5.1 of the GTC at the time of pick-up and must himself be named as driver vis-à-vis FWC. FWC has the right to request proof of power of attorney.

7.4 The Renter shall be obliged to inspect the vehicle together with FWC or the rental station upon acceptance of the vehicle for its condition as well as for the correct indication of the tank level and other filling levels, for the indication of cleanliness and for the presence of accessories. Any damage, obvious defects and complaints, missing equipment, staining, insufficient fuel levels and the speedometer reading ascertained by the Renter shall be reported to the FWC rental station before the start of the journey and shall be noted by the rental station on the Handover protocol in addition to the damage already known to FWC and already present at the time of pick-up. The Handover protocol shall be signed by both parties.

7.5 FWC is not obliged to remove the bicycle rack, even if it has not been booked by the Renter.

8 RETURN

8.1 The Renter is obliged to return the vehicle at the agreed time of return with a full fuel tank , cleaned inside (brushed, vacuumed, wiped) and in the recorded condition (according to the Handover protocol) at the contractually agreed place of return (regularly a FWC rental station). If the fuel tank was not full when the vehicle was handed over (according to the Handover protocol), the vehicle must in this case be refilled with the same quantity in the fuel tank as when it was handed over. The registration certificate part I/vehicle registration document and all keys handed over must also be returned to FWC.

8.2 If the Renter culpably (i.e. at least negligent) exceeds the return time by more than one hour, the Renter shall be obliged, without prejudice to any further liability, to pay a lump sum compensation of € 50 per hour up to a maximum of three times the contractually agreed rental price per night for the period of exceeding the Return time. The Renter shall expressly have the right to prove that no damage or considerably less damage has been incurred. If the delay in returning the vehicle culpably caused by the Renter causes damage to the subsequent Renter, the Renter shall additionally pay the compensation sum in the amount of the rental charge. The Renter shall also have the right to prove that FWC has not suffered any damage or that the damage is considerably less. Any further claims for damages by FWC regarding the delayed return caused by the Renter shall remain unaffected.

8.3 If the Renter does not return the vehicle with the fuel tank filled as agreed, FWC shall undertake the refuelling. For this additional expense, the Renter shall pay a lump sum fee of € 30 in addition to the fuel costs incurred. The Renter shall expressly have the right to prove that FWC has not incurred any expenses or that the expenses incurred were considerably lower.

8.4 If the vehicle is not cleaned or insufficiently cleaned on return, a lump sum compensation for interior cleaning of € 120 (for a van), € 150 (for a campervan) or € 180 (for a motorhome) will be charged depending on the vehicle category. The Renter expressly has the right to prove that no or a considerably lower damage was incurred for this. In the event of significant exterior contamination that cannot be removed by ordinary car cleaning (such as oil and grease dirt, insects, soot, mud), the vehicle must also be cleaned from the outside. An exterior cleaning fee of € 50 will be charged for this. The Renter shall expressly have the right to prove that FWC has incurred no expense or considerably less expense. If the Renter has not returned the vehicle with an empty toilet cassette or an empty waste-water tank, a lump sum compensation of € 100 shall be levied in each case. In both cases, the Renter shall also be expressly entitled to prove that FWC has incurred no or considerably less damage.

8.5 Upon return, the vehicle shall be inspected in the presence of the Renter and the result of the inspection shall be recorded in a Return protocol to be signed by both parties.

8.6 In the event of the vehicle being stolen, the Renter is still obliged to return the vehicle key. FWC reserves the right to file a criminal complaint with the competent authorities in the event that the Renter fails to report a late return or if the Renter cannot be reached by FWC in the event of a late return. Any costs incurred as a result shall be borne by the Renter, unless the Renter is not responsible for the breach of the return obligation.

8.7 If the vehicle is delivered and returned by signing the Return protocol in the presence of FWC personnel before the expiry of the agreed rental period, there is no entitlement to a refund of any part of the rental costs, unless the vehicle can be rented out elsewhere for this period.

8.8 The Renter shall remain responsible for the rented vehicle if he/she leaves it at or near the rental station before the end of the rental period without the consent of FWC and before carrying out the agreed return (by signing the Return protocol). In this case, FWC shall not be liable for any damage incurred up to the time of return to FWC, unless caused by culpable action on the part of FWC or its representatives or fulfilment agents.

8.9 Official complaints must be addressed to FWC. They can be submitted in text form or verbally. In order to process the complaint as quickly as possible, FWC requires in particular the reason for the complaint, the specific circumstances and, if available, all documents relevant to the processing of the facts (e.g. photos, videos).

9 DAMAGE TO THE RENTAL VEHICLE & INSURANCE

9.1 If damage has occurred to the rented vehicle during the term of the rental which was not present when the vehicle was handed over or was not recorded in the Handover protocol and if the Renter is responsible for this damage, the Renter shall bear the costs of repair.

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 It should be noted that the amount of FWC's claims against the Renter are not limited to the amount of the deposit paid. The excess per claim may exceed the amount of the deposit, for example if several claims occur for each of which an excess is waived.

9.4 Insurance cover and a limitation of liability in the amount of the deductible shall not apply in accordance with the following provisions:

9.4.1 There is no insurance cover for damage culpably caused by the Renter to the awning, pop-up roof and interior fittings (such as furniture, bathroom, kitchenette etc.) of the vehicle. This damage is not defined as "own damage"(in German: “Eigenschaden”) in the insurance sense and must be borne 100 % by the Renter, including the costs of repairing the damage (even if they exceed the amount of the deposit).

9.4.2 If the Renter has caused damage to the vehicle by not driving in accordance with the traffic regulations or by deliberate or careless driving (e.g. by alcohol or drug consumption), by not observing the clearance width and clearance height, when manoeuvring and in the event that the second person has not assisted the driver in doing so, by loading the vehicle too high/incorrectly, by overloading it in excess of the permissible total weight, by revving the engine or driving with an insufficient oil or water level, including driving on unsuitable or unpaved roads (negligent behaviour), he/she shall bear 100 % of the costs (even if they exceed the amount of the deposit).

9.4.3 Tyre damage occurring during the rental period shall be borne by the Renter, unless it can be proven that it was caused before the vehicle was taken over or a corresponding liability reduction package was booked with FWC. Any costs incurred for towing services or the fitting of tyres do not have to be borne by the Renter if the Renter has requested that they be handled via the Lessor's vehicle protection certificate (in German: “Schutzbrief”). Material costs, e.g. tyres, must be paid by the Renter. The spare wheel on the vehicle may not be fitted by the Renter himself, but only by a towing or breakdown service. If damage to the tyres is found when the vehicle is returned, which is not listed in the Handover protocol and which was culpably caused by the Renter, a lump sum compensation of € 70 will be charged. The Renter expressly has the right to prove that no damage or considerably less damage has occurred.

9.4.4 Improper filling of the tanks, e.g. with water that has been improperly filled into the diesel tank or with diesel that has been improperly filled into the water tank, causes substantial damage to the vehicle. The costs are to be borne in full by the Renter. The Renter is also liable for all from the improper filling resulting damage to the vehicle and accessories.

9.4.5 The Renter is liable for engine damage caused by neglecting to check the oil and cooling water levels. The Renter is obliged to check the oil level, the cool water level as well as the tyre pressure and tyre condition before and during the journey. Any damage to the vehicle resulting from non-compliance with these regulations must be borne in full by the Renter.

9.4.6 For typically regularly occurring damages (e.g. broken table, damaged awning) FWC has prepared a standardised price overview. With regard to these lump sum compensations for damages, the Renter has the right to prove that FWC has not incurred any damage or that the damage was considerably less.

9.4.7 There is no insurance cover for damage to the vehicle caused when using ferries or car trains. All costs for damage incurred on the respective means of transport are to be borne by the Renter. The Renter is obliged to notify FWC of any ferry or other transport damage. A total loss of the vehicle due to sinking is covered by the Lessor's insurance.

9.5 If damage is detected when the vehicle is returned and the Renter confirms that the damage was caused by signing the Return protocol, the following regulations will apply depending on the extent of the damage:
In the case of all damages, in particular substantial damages, damages which impairs the return of the rented vehicle and a subsequent further rental and/or entails a temporary standstill for repair, settlement shall be made on the basis of a cost estimate prepared by a repair workshop or an expert opinion. Any further liability, due to lost profits, loss of use, towing costs, expert's fees etc., shall remain unaffected by this.

9.6 In the event of breakdowns or other technical defects that do not allow the Renter to continue their journey, a mobility service will be called (details of the mobility service are contained in the handbook or in a document emailed to the Renter at the start of the rent). The Renter must contact FWC so that FWC can find a solution if the damage cannot be repaired within one day. FWC reserves the right to reimburse only accommodation costs agreed in advance in text form, which have actually been incurred by the Renter due to the breakdown of the vehicle, up to a maximum of the rent for the vehicle per night. The Renter shall provide FWC with evidence of the costs incurred as a result of the breakdown or technical defect (e.g. accommodation costs, taxi costs, rental vehicle costs etc.) by submitting receipts.

10 PRICES

10.1 The Renter shall pay to FWC the rent agreed in the rental contract.

10.2 The rental price includes the vehicle rental for the rental period specified in the rental contract, the included accessories as well as the agreed insurance cover and vehicle protection certificate and any additional products or additional services booked.

10.3 The service fee of 99€ is a one-time payment for the preparation of the camper (incl. gas bottles, AdBlue and equipment) and the explanation of the camper.

10.4 The payment of the rent is to be made upon conclusion of the contract via the offered means of payment when booking online.

10.5 FWC discount promotions cannot be combined.

11 CANCELLATION OR MODIFICATION OF THE BOOKING

11.1 "Cancellation" means the premature termination of the rental contract at the request of the Renter, insofar as the Renter is not entitled to extraordinary termination, to contest the agreement, or to rescind from the agreement in accordance with the statutory regulations. FWC thus grants the Renter a contractual right of withdrawal to the extent described below.

11.2 For a Cancellation of the rental contract in its entirety, which is declared by the renter at least 45 days before the start of the rental period, there is no Cancellation fee.

11.3 For a Cancellation of the rental contract in its entirety, which is declared by the Renter at least 30 days but less than 45 days before the start of the rental period, a Cancellation fee of 40 % of the total rental price will be charged. The Renter has the express right to prove that no damage or at least a lesser amount of damage has been incurred.

11.4 For a Cancellation of the rental contract as a whole, which is declared by the Renter at least 15 days but less than 30 days before the start of the rental period, a Cancellation fee of 70 % of the total rental price will be charged. The Renter has the express right to prove that no damage or at least a lesser amount of damage has been incurred .

11.5 For a Cancellation of the rental contract in its entirety declared by the Renter less than 15 days before the start of the rental period, a Cancellation fee of 80 % of the total rental price shall apply. The Renter has the express right to prove that no damage or at least a lesser amount of damage has been incurred.

11.6 The date of receipt by FWC of a Cancellation declaration from the Renter in text form shall be decisive for the time of Cancellation.

11.7 In the event of non-collection of the rented vehicle at the agreed time without a case of Cancellation, the rent already paid shall be retained in the amount of 85 % as a lump sum for damages. Saved expenses and other advantages of FWC from renting thee vehicle to a third party within the agreed rental period shall be credited to the Renter. The Renter has the express right to prove that no damage or at least a lesser amount of damage has been incurred.. If no rent has yet been paid, claims for damages shall remain unaffected.

11.8 Additionally booked products (e.g. bicycle rack, trailer coupling, camping sleeping space, cool box, outdoor kitchen, camping chair, pillows/blankets/towels, camping bed, child seat, child's high chair) or services (e.g. cleaning packages, Dog Package, additional protection packages) can be cancelled separately by the Renter, whereby the following Cancellation fees apply depending on the remaining time until the start of the rental period. In all the following cases of Cancellation of additional products and services, the Renter shall expressly have the right to prove that FWC has incurred no damage or a considerably lower damage.

11.8.1 In the event of Cancellation of additionally booked products

(i) up to 45 days before the start of the rental period, there is no Cancellation fee;

(ii) less than 45 days but more than 48 hours before the start of the rent, a Cancellation fee of 50 % of the agreed price for the relevant product will apply;

(iii) from 48 hours before the start of the rental period, a Cancellation fee of 75 % of the agreed price for the respective product will be charged.

11.8.2 In the event of Cancellation of additionally booked services

(i) up to 15 days before the start of the rental period, Cancellation of the respective services is free of charge;

(ii) less than 15 days but more than 48 hours before the start of the rent, a Cancellation fee of 25 % of the agreed price of the respective services will apply;

(iii) from 48 hours before the start of the rental period, a Cancellation fee of 50% of the agreed price of the respective services will be charged.

11.9 If the Renter does not accept the additionally booked products/services when taking over the vehicle, although they have already been prepared and/or fitted or installed, an expense allowance of 75 % of the rental price of the additionally booked products and 50 % of the rental price of the additionally booked services shall be payable by the Renter on the basis of expenses already incurred. The Renter has the express right to prove that no damage or at least a lesser amount of damage has been incurred.

11.10 In case the cancellation occurs more than 48 hours before the start of the trip, the Renter can rebook for a later period without cancellation fees. In such situation the booking will be cancelled and the customer shall receive a voucher with 100% of the sum that was paid for the initial booking. The voucher is valid for the next 6 months.

12 DEPOSIT

12.1 To secure the claims of the FWC arising from the rental relationship, the Renter shall pay FWC a deposit of € 1,500. For drivers who have not reached the age of 23, a deposit of € 2,500 must be paid. The deposit is to be paid by credit card at the latest when the vehicle is handed over or is to be transferred to the FWC account stated below up to 7 days before the start of the rental period:

Bank account holder: FWC - FreewayCamper GmbH
IBAN: DE20 7004 0048 0793 7857 06
BIC: COBADEFFXXX
Reason for payment: Reservation number + name of Renter
on reservation

12.2 The deposit will be returned at the end of the rental period if the vehicle is returned in proper condition in accordance with the contract. Any additional expenses incurred (e.g. cleaning costs, refuelling costs, justified claims, damage, etc.) will be offset against the deposit, insofar as these are to be borne by the Renter. The deposit will be refunded by bank transfer after the return of the vehicle in the contractually owed condition at the latest after 14 days, or the blocking of the credit card will be lifted.

12.3 FWC reserves the right to assume liability on the part of the Renter for defects or damage for which the Renter is responsible and which have been fraudulently concealed and which, due to their nature, can only be ascertained by FWC after handover and were therefore not noted when the Return protocol was drawn up. The general statutory regulations shall apply here.

12.4 In the event of an accident, the full amount of the Renter's deposit shall be retained or claimed by FWC until the question of fault has been finally clarified. FWC has the right to withhold the deposit until the final clarification of the burden of responsibility for the costs and the amount of the costs, in particular if an expert opinion, a cost estimate from the workshop or an order for spare parts is required for the assessment.

12.5 In case of a damage event, FWC shall have the right to retain the deposit until final clarification of the burden of bearing the costs and the amount of the costs, in particular if an expert opinion, a cost estimate from the workshop or an order for spare parts is required for assessment. The conclusion of an additional insurance policy covering the damage caused in accordance with its insurance conditions prevents the excess claims from being exceeded.

13 CONDITION OF THE VEHICLE, USE IMPAIRMENTS, REPAIRS

13.1 FWC shall hand over the vehicle to the Renter in a technically faultless, usable and roadworthy condition.

13.2 The vehicle is cleaned inside and out. In bad weather, e.g. heavy rain or snow, the exterior cleaning may be omitted. It should be noted that our vehicles are not allowed to drive through the car wash. Alternatively, wash boxes can be used for exterior cleaning. In this case, the maximum height and width of the vehicle and the wash box must be observed.

13.3 The exact condition of the vehicle results from the Handover protocol to be drawn up jointly by the Renter and FWC on handover of the vehicle and from the Return protocol on return.

13.4 If repairs become necessary during the rental period in order to maintain the operational safety and road safety of the vehicle, the Renter may only carry out the repairs himself or commission such repair orders if FWC has expressly agreed to this in text form or if the anticipated costs do not exceed € 50, with the exception of cases in which FWC is in default with the rectification of defects or the immediate rectification of the defect is necessary to maintain or restore the condition of the rented vehicle. Repair costs shall only be reimbursed upon presentation of proper receipts, insofar as the Renter is not liable for the repair itself. The Renter shall not be reimbursed for the time spent by him in carrying out the repair or maintenance work himself.

13.5 If the Renter discovers a defect in the vehicle which significantly restricts the usability of the vehicle and necessitates repairs on a larger scale, the Renter shall notify FWC immediately. If the defect cannot be remedied immediately by a short-term repair, the parties shall be entitled to terminate the rental contract without notice. The Renter shall remain obliged to pay the agreed rent until the defect occurs.

13.6 In the event of an impaired driving condition which prevents the Renter from continuing the journey, FWC will provide emergency management. In such cases, the emergency management must be contacted.

14 DUTIES AND OBLIGATIONS OF THE RENTER

14.1 The Renter is obliged to handle the vehicle with care and in a professional manner, to observe all regulations and technical rules relevant to its use, in particular to regularly check that the engine oil level, AdBlue level, water level and tyre pressure are sufficient, to regularly check whether the vehicle is in a roadworthy condition and to use the vehicle properly. If the Renter recognises a need for action, such as an engine oil level below the minimum level, he/she shall take measures, such as topping up the engine oil, to ensure the proper and safe continued operation of the vehicle. Particular attention must be paid to the suitability of the engine oil to be topped up. The correct engine oil specification can be found on the overview sheet in the vehicle.

14.2 If the wrong fuel is filled up or the wrong engine oil is topped up, the Renter is liable for the costs incurred by towing the vehicle and/or repairing the damage. Furthermore, the Renter must pay attention to the warning lights in the vehicle display and take the necessary measures in accordance with the operating instructions. In case of doubt, the Renter shall contact FWC immediately.

14.3 In the event of the theft of the vehicle, the Renter shall immediately report the theft to the police and provide FWC with the vehicle keys and vehicle documents, if these have not also been stolen, and inform FWC in text form of the theft and the report.

14.4 The Renter is obliged to protect the vehicle from overuse in every way. In particular, the Renter undertakes to observe the existing traffic regulations in the respective countries. Driving is only permitted with the gas bottle secured and turned off. In principle, the vehicle may only be used on public roads. In particular, use for the following purposes is excluded:

• Participation in motor races and similar driving for motor sport purposes;
• For vehicle tests or driver safety training;
• Participation in off-road driving;
• Carriage of highly flammable, toxic or dangerous substances or such products that violate the applicable legal provisions;
• Driving school exercises;
• for the commercial transport of passengers;
• for subletting;
• to commit customs offences and other offences, even if these are only punishable under the law of the place where the offence is committed;
• Using the vehicle to pull or push another vehicle or trailer;
• Transport of living and dead animals. Exempt from this is the transport of pets, provided that a corresponding notification is made in accordance with clause 5.7. In the event of a breach of this prohibition, a special cleaning fee of € 500 shall be charged. The Renter shall have the option of proving that FWC has incurred no damage or considerably less damage.
• Transport of persons or goods with a weight, quantity and/or volume exceeding the maximum values entered in the vehicle documents;
• Moves and transport of goods of any kind that deviate from the ideas of using a campervan/motorhome.
• Uses that go beyond the contractual use.

14.5 The Renter warrants that he/she will not drive the vehicle if he/she is not in a fit state to drive, in particular, but not conclusively, not under the influence of alcohol or other intoxicating substances, but also in an unfit state to drive due to e.g. illness or fatigue.

14.6 The vehicle must be secured against theft in accordance with the respective technical possibilities of the vehicle. The Renter and the driver are obliged to ensure that the vehicle is locked and the anti-theft device - if present - is activated when the vehicle is parked or unattended. When leaving the vehicle, the Renter must take the vehicle keys and the vehicle documents and keep them inaccessible to unauthorised persons.

14.7 Smoking in the vehicle is strictly prohibited. In the event of a violation of this prohibition, a special cleaning fee of € 500 will be incurred. The Renter expressly has the option of proving that FWC has incurred no expense or a considerably lower expense.

14.8 The Renter is obliged to secure the load properly so that no damage is caused to the vehicle and this does not pose a risk to the passengers. The applicable statutory regulations for securing loads must be observed.

14.9 The Renters shall be liable to FWC for all consequences arising from the breach of the above obligations. Any breach of these obligations may result in a claim for damages by FWC against the Renter.

14.10 If the vehicle is rented with an AdBlue tank, the Renter must ensure that the AdBlue tank is always sufficiently filled. The Renter and the driver(s) shall be liable without limitation for violations of the above obligation committed during the rental period; the Renter shall indemnify FWC against all claims asserted against FWC by authorities or other third parties due to failure to fill the AdBlue tank, in particular fines and warning fees. The Renter is obliged to check the AdBlue tank regularly and, if warning signals light up, to ensure that the AdBlue tank is filled up properly at his own expense without delay. If a vehicle remains stationary due to non-observance of the warning signals and thus causes further damage, the Renter is solely responsible for this and must bear the bill.

15 LIABILITY OF THE RENTER

15.1 In addition to this contract, the Handover protocol is decisive for the contractually agreed condition.

15.2 The strict liability of FWC for initial defects and simple negligence pursuant to § 536a Paragraph 1 Alternative 1 BGB is excluded. Excluded from this is the liability of FWC for essential contractual obligations, i.e. obligations the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner may regularly rely on ("cardinal obligations"). The liability of FWC, its legal representatives and fulfilment agents for intent and gross negligence shall remain unaffected.

15.3 If the Renter detects a deviation from the contractually agreed condition of the vehicle ("defect"), the Renter shall report this circumstance to FWC without delay and explain the detailed circumstances of the occurrence in text form and to the best of his knowledge and belief. If a defect is not reported immediately by the Renter or is completely concealed, a contractual penalty of up to € 1,500 may be imposed on the Renter due to possible serious consequential damage caused by failure to remedy this Defect, depending on the intensity of the defect or the consequential damage.

15.4 The vehicle is insured in accordance with clause 9.2. In the event of wilful or grossly negligent destruction, damage or perishing of the vehicle caused by wilful or gross negligence, the Renter shall compensate the damage.

15.5 The Renter must find out about all toll regulations in the countries to be travelled to before the start of the journey. All toll charges incurred must be paid by the Renter. For individual countries, use of ferries etc., prior registration or payment must take place. In the event of a breach of the toll regulations, the Renter must bear the corresponding costs plus a lump sum fee of € 50. The Renter expressly has the right to prove that FWC has incurred no damage or considerably less damage.

15.6 In the event of a culpable loss of the original vehicle registration document, FWC will charge the Renter a lump sum compensation of € 250. The Renter expressly has the option of proving that FWC has incurred no damage or considerably less damage.

15.7 Insofar as private vehicles are parked on the FWC premises or on the premises of FWC representatives or fulfilment agents in individual cases, FWC shall not assume any liability for damage or theft, except in the case of intent or gross negligence on the part of FWC or its legal representatives and fulfilment agents.

16 LIABILITY OF FWC

16.1 FWC shall be liable for all damages to the extent that cover exists under the insurance taken out for the vehicle. For damages not covered by insurance, FWC's liability for material damages and financial losses shall be limited to intent and gross negligence, unless FWC has breached contract-essential duties (“cardinal obligations”). This limitation of liability shall also apply in favour of legal representatives, employees and fulfilment agents of FWC. The limitation of liability shall not apply in the event of the assumption of a guarantee irrespective of fault, in the event of fraudulent concealment of a defect as well as in the event of injury to life, body or health caused by FWC, its legal representatives or fulfilment agents. Any further liability of FWC is excluded.

16.2 If items brought in by the Renter or his fellow travellers, or the driver(s), are left behind in the rented vehicle on return, FWC shall request the Renter to collect the items concerned within a period of one week. If the Renter does not collect the items within this period, FWC shall be entitled to dispose of the items. Within this period, no custody agreement shall come into existence between FWC and the Renter/driver; the items shall merely be taken charge of against loss and damage in accordance with due care and attention. FWC shall not assume any liability for items brought in by the Renter or his fellow travellers, or the driver(s), which are left behind in the rented item on return. This shall not apply in the event of intent or gross negligence on the part of FWC, its representatives or fulfilment agents.

16.3 Furthermore, the liability of FWC is excluded in the event of unjustifiable vehicle breakdown or driving ban ordered by the authorities (smog, ozone, natural disasters).

17 BEHAVIOUR IN THE EVENT OF TRAFFIC ACCIDENTS AND OFFENCES

17.1 In the event of an accident or in the event of fire, game or other damage, the Renter is obliged to truthfully document the occurrence of the accident in text form, to photograph the damage and to report this as soon as possible to FWC via the hotline (by telephone) or by e-mail info@freeway-camper.com, unless he/she is involved in the accident in such a way (e.g. due to massive physical damage or similar) that he/she is demonstrably unable to document the accident. FWC will provide an accident form in the vehicle for the documentation of the accident, but the Renter is not obliged to use it.

17.2 Irrespective of whether a third party was involved in the accident, the Renter must call in the police and inform FWC immediately in text form about the report. Should the police refuse to record the accident, the Renter must prove this to FWC.

17.3 The Renter/driver may not move away from the scene of the accident until he/she has fulfilled his/her obligation to clarify what happened and to establish the necessary facts within the framework of the legal requirements. In addition, other damage or special incidents related to the rented vehicle must also be reported to FWC immediately, at the latest when the vehicle is returned. The Renter or driver shall take all measures that are useful and conducive to clarifying the event of damage. This includes in particular that they must also answer FWC's questions about the circumstances of the damage event truthfully and completely.

17.4 Accidental damage within the meaning of these provisions is any occurrence in public and private road traffic that is causally related to these risks and results in material “Damage” to the rental car, regardless of whether or not another road user is involved in the accident.

17.5 The Renter shall immediately, at the latest upon return of the vehicle, hand over to FWC the documents pursuant to clause 17.1 documenting the occurrence of the accident, unless he/she is demonstrably unable to do so as a result of the accident (e.g. due to massive physical injury or similar). In this case, the Renter shall immediately submit the aforementioned documents as soon as the consequences of the accident have eased.

17.6 Claims for damages by other parties involved in the accident must not be admitted.

17.7 The Renter shall not be liable to the extent that FWC obtains compensation for the damage caused from the other party involved in the accident, from the existing comprehensive insurance or otherwise.

17.8 The Renter is liable for Accidental Damage to the vehicle caused by him up to the amount of the excess agreed in clause 9.2. On the other hand, he/she shall be liable without limitation for damage caused intentionally and by grossly negligent conduct, including in particular

• Disregard of maximum clearance heights and widths,
• Driving despite being unfit to drive due to drugs or alcohol,
• participation in motor vehicle races or motor sport events with the motor home.

Furthermore, the Renter shall be liable without limitation if he/she has absconded from the scene of the accident without permission or if the damage is attributable to the fact that the Renter has at least negligently omitted proper safety measures and an unauthorised person has subsequently used the vehicle. The Renter shall be responsible for any damage in and to the vehicle, unless FWC is fully compensated by a third party.

17.9 The Renter shall be liable for all damage to the rented vehicle resulting from culpable operating errors, overuse or culpable breach of other obligations under clause 14 of this contract during the rent period. The Renter shall be liable in the same way for damage culpably caused by his relatives, workers, employees, passengers or other third parties who have come into contact with the rented vehicle through or via the Renter, insofar as he culpably omits to establish in an evidentiary manner the person and the object necessary for the enforcement of any claims for compensation by the FWC. The Renter shall also be liable if the damage is only ascertained after the rented vehicle has been returned. In this case, FWC must prove that the vehicle was not operated by him or a third party in the meantime.

17.10 In the event of an accident or damage to the rented vehicle for which FWC is responsible or for which it is partly responsible, FWC shall charge the Renter a lump sum compensation fee of € 250. The Renter expressly has the right to prove that no or considerably lower expenses were incurred.

18 FINAL PROVISIONS

18.1 The Renter may only charge up against claims that are undisputed or have become res judicata.

18.2 The rental contract concluded between FWC and the Renter with all its annexes and these GTC shall be governed by the substantive law of the Federal Republic of Germany, excluding the application of the United Nations International Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

18.3 The place of jurisdiction for registered traders, legal entities and natural persons who do not have a general place of jurisdiction in Germany, as well as for natural persons who have moved their place of residence or habitual abode abroad after concluding a contract of carriage, or whose place of residence or habitual abode is unknown at the time the action is brought, is Munich.

18.4 Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.

18.5 Insofar as FWC makes these GTC or other contractual terms and conditions available to the Customer (the Renter) in another language (e.g. English) in the context of the conclusion of the rental contract, these shall only be non-binding translations of German GTC. If there is any discrepancies, ambiguities and contradictions between the German version and other versions of the GTC and other contractual terms, the German version prevails over any translations.

19 GIFT VOUCHERS

19.1 The validity of FWC vouchers is regularly noted on the respective voucher. If the validity is not stated, gift vouchers are valid for three years from the end of the year in which the voucher was purchased. Vouchers can be redeemed at www.freeway-camper.com.

19.2 Only one voucher can be redeemed per booking. Vouchers cannot be redeemed subsequently after the booking has been completed.

19.3 Vouchers cannot be resold if FWC has a legitimate interest in being obliged to perform only vis-à-vis a specific creditor.

19.4 Vouchers cannot be exchanged for money.

19.5 Vouchers cannot be redeemed for campsite bookings.