roadsurfer – T&Cs – Short-term Rental
1. Applicable Law, Subject Matter of the Contract, Position of the Customer
The subject matter of the contract solely encompasses the leasing of a campervan with standard or individually configured interior fittings as well as accessories thereto, if applicable, to the Hirer by roadsurfer GmbH, acting as the Rental Firm.
The agreement shall be governed exclusively by the laws of the Federal Republic of Germany if the rental takes place at one of the Rental Firm’s locations in Germany. Application of the UN sales law and German international private law is hereby excluded. In the case of a rental to a location outside of Germany, and if the Hirer is a consumer, i.e. a natural person entering into a legal transaction for purposes not primarily attributable to his/her trade or self-employment (cf. Section 13 BGB (German Civil Code)), the mandatory provisions concerning consumer protection applicable in the country where the Hirer has his/her habitual place of residence shall additionally apply, insofar as those provisions grant the Hirer more extensive protection.
Documents relevant to the contractual relationship encompass:
- the rental agreement, including the respective agreed terms and conditions,
- the booking confirmation sent by email,
- the handover and return protocol to be fully filled in and signed by the parties to the agreement,
- these General Terms and Conditions
The Hirer organises his/her own trip to suit his/her needs and is solely responsible for this use. The Rental Firm does not owe any travel services. The statutory provisions on package travel contracts, in particular §§ 651a-m BGB (German Civil Code), apply neither directly nor indirectly to the contractual relationship.
The vehicle may only be used within the member states of the European Union and in the United Kingdom, Norway, Iceland, Croatia, Andorra, Albania, Macedonia, Bosnia-Herzegovina and Switzerland. The destination and the countries to be travelled must be named in writing to the Rental Firm before departure. Excluded are, in particular, trips to Turkey, Russia, Morocco, Tunisia and all other non-EU countries.
The campervans are leased exclusively for private purposes, such as holiday trips, to take part in sporting events or for similar purposes. Any commercial use, out of the ordinary driving behaviours (for example the same route to and fro several times, taxi or shuttle drives) or their use to move home, shall be prohibited. A violation entitles the Rental Firm to terminate the lease without notice for good cause and, where applicable, to damage claims.
The Hirer is not permitted to use the rented vehicle to participate in motor sport events or vehicle tests, or to transport explosive, easily inflammable, poisonous, radioactive or otherwise dangerous substances. The vehicle’s use to commit customs or other criminal offences, even if these are only punishable under the law of the country the crime is committed in, its use for subletting or lending or its use for any other commercial purposes – unless when expressly contractually agreed – or for other uses that go beyond the contractual use, is not permitted. If there are doubts about how the rented vehicle will be used, the Rental Firm shall have the right not to hand over the rented vehicle.
As a rule, it is impermissible to paste over roadsurfer advertising signs on the vehicles. A supplementary sticker (co-branding) may be permitted in individual cases subject to agreement.
Rental of a campervan for use as a home-office space for office activities of the Hirer or the Hirer’s employees (in the case of rental by corporate customers) shall not constitute use for a commercial purpose.
2. Authorised Vehicle Drivers
As a rule, the campervans may only be driven by drivers who have been in possession of a valid class 3 or class B driving licence for at least one year at the time of the start of the rental.
The Hirer and all drivers are named in writing in the rental agreement and must show their original driving licences to the Rental Firm at the time of vehicle pick-up.
Copies of licences are not accepted. The keeper of the vehicle is the Hirer for the agreed hire period.
The Hirer shall be responsible for actions of the driver to the same extent as for his/her own actions. Several Hirers shall be jointly and severally liable.
The Rental Firm must be told about all accompanying persons during the hire period. Should there be any doubt as to the truthfulness of the purpose or the number of passengers, the Rental Firm reserves the right not to hand over the vehicle.
The rented vehicle must only be driven by the Hirer him-/herself and the drivers named in the rental agreement. If the Hirer allows an unauthorised driver to drive the rented vehicle, this shall constitute a breach of the terms and conditions of the rental. The Hirer shall be liable for all damage or loss caused by an unauthorised driver. Unauthorised drivers shall not enjoy insurance cover resulting from additional services (worry-free packages etc.) offered by the Rental Firm. In these cases, insurance cover shall exist only within the scope of the statutory third-party liability insurance.
Rental of the rental vehicle to corporate customers shall be permissible only for private purposes of the Hirer, or the Hirer’s employees, permitted under Section 1. Where the Hirer, acting as a corporate customer, is permitted to make the rented vehicle available to its employees as provided for in the rental agreement, the Hirer shall ensure that the rented vehicle is made available only to employees who are authorised drivers within the meaning of this Section 2.
Neither the Hirer nor the drivers shall be permitted to drive the rented vehicle if their fitness to drive is impaired, in particular if they are under the influence of alcohol or drugs or are ill.
The rental price includes the vehicle rental for the hire period specified in the rental agreement. Also covered are the costs for maintenance and wear and tear repairs as well as the agreed insurance cover. The prices published on https://roadsurfer.com/en/ at the time of conclusion of agreement include VAT at the respective rate owed. The respective rental price is to be taken from the price list as published under prices on https://roadsurfer.com/en/rates.
Not included in the rental price are in particular tolls, fuel costs, parking fees, campsite fees and other pitching costs or transport charges, such as for example ferry costs.
Penalties or fines, too, are payable by the Hirer. For each individual penalty received, the Rental Firm charges an administrative fee of €19 for the handling of penalties, speeding and parking tickets.
The Hirer hereby authorises the Rental Firm to debit from the credit card that is presented at the time of the conclusion of the rental agreement or at a later date, or that is specified in the rental agreement, the rental car costs owed under the contractual relationship as well as all other claims relating to the rental agreement. In particular, the Hirer authorises the Rental Firm to debit from the credit card the agreed fee under this Section 3 of the T&Cs for penalties, speeding tickets and parking tickets, the handling fees for claims under Section 11 and the handling fee for toll charges under Section 14. Every kilometre that the Hirer drives using the rented vehicle shall be included in the daily car rental price, unless otherwise agreed in writing, and as long as no unusual driving behaviour is apparent. If misappropriation is subsequently apparent, the Hirer shall be obliged to compensate for any damage or loss incurred.
As a rule, special discounts (promotions, special staff offers or trade fair promotions) shall not be combinable with each other nor with other discounts, such as long-term or early-bird discounts.
By sending the completed booking form, the Hirer submits a binding offer to conclude the rental agreement and accepts the general terms and conditions of the Rental Firm by way of the “opt-in” procedure in the booking process.
For information purposes the Hirer receives a message on the booking page and an automated instant email from the Rental Firm, acknowledging receipt of the booking request. Only after receipt of a written booking confirmation by email via the booking portal of https://booking.roadsurfer.com/?lang=en, which was actively triggered by the Rental Firm, shall the rental booking be bindingly accepted by the Rental Firm (= conclusion of agreement) and the rental vehicle be deemed firmly booked.
The Rental Firm is, within the scope of its freedom to organise its business operations, entitled to decline the conclusion of a rental agreement.
The 50% down payment of the total rental price is required for a booking (including any extras and the car hire flat rate), which is due within 7 days of booking (i.e. of receipt of the booking confirmation). The remainder must be received by the Rental Firm 30 days prior to departure. In the case of a booking less than 7 days prior to departure, the total rental price is due immediately. If the down payment or the balance is not paid on time, the Rental Firm may use their discretion to decide when to finally cancel the booking.
5. Special right of cancellation: COVID-19 crisis
If the Hirer rescinds the rental agreement, the following shall apply:
All rentals where the period of travel is in the year 2020 may be rebooked or cancelled, free of charge, up to 48 h before the start of the trip. In the case of cancellation, the respective down payment or the full amount shall be immediately credited in the form of a credit note for a further rental.
59-15 days before the start of the rental, 50% of the total rental price shall be due. In the event of cancellation 14-0 days before the 1st day of the rental, the full rental price, including extras, must be wholly paid to roadsurfer.
Equipment already booked cannot be cancelled separately from a booking. Costs for equipment, such as bicycle racks or a camping toilet, shall not be refunded in the event of cancellation.
6. Payment Method and Deposit
At the start of the hire period, a deposit of €800.00 must be paid by credit card as security for the return of the vehicle in undamaged and clean condition. The security deposit is receipted on the rental agreement form. Without such a security deposit the vehicle shall not be handed over. A delayed down payment, full payment or security deposit, entitles the Rental Firm to cancel the rental agreement without notice for good cause, subject to any claims for damages.
When the vehicle is handed over at the start of the hire period, any existing damage to the vehicle is recorded in writing, and a condition report is handed to the Hirer.
If the vehicle is returned in an orderly manner in undamaged condition, except for the damage listed in the condition report, the deposit shall be refunded within 8 weeks after the end of the hire period, provided that the deposit was paid by means of an EC card. Any blocking of the deposit by means of a credit card shall be automatically released again after the statutory time limit has expired. However, this shall not exempt the Hirer from liability for concealed or hidden defects or damage discovered subsequently by the Rental Firm.
In the event of an accident involving another driver, the Rental Firm shall retain or demand the deposit as well as the Hirer’s excess until the question of guilt has been clarified beyond doubt, judicially or extrajudicially.
Additional charges or costs (e.g. special flat rate cleaning fees) shall be invoiced to the Hirer when the vehicle is returned, insofar as these can be charged at this point in time. If additional costs are incurred, e.g. as a result of a fine, or if damage to the rented vehicle is discovered when the rented vehicle is returned, the Rental Firm shall, in this case, subsequently charge the Hirer for these costs and other administrative costs (e.g. costs for the processing of claims, a flat rate fee for the handling of fines) when the Rental Firm becomes aware of these costs.
The Rental Firm shall be entitled to withhold the corresponding additional charges or costs directly from the security deposit.
The Hirer may lodge objections to such charging, by email or post, within a period of 14 days from receipt of the letter; this shall also apply to proof that the Hirer did not cause the additional charges or costs. If the Hirer does not respond within this period, the costs shall be invoiced to the Hirer.
7. Hire Period
The hire period extends from the agreed pick-up of the vehicle to the final return. The minimum hire period is 3 nights all year round.
The vehicle must be returned by the time specified in the rental agreement.
If the hire period is exceeded, €50 will be charged per hour (a partial hour is charged the same as a full hour), unless the Hirer is not at fault for the late return; the Hirer shall bear the burden of proving this. The maximum fee per 24 hours of delay in returning the vehicle is €500. Should the Rental Firm incur any damages (e.g. loss of profit, damage claims of the subsequent Hirer, organisational expenses etc.) as a result of the late return of the vehicle, the Rental Firm reserves the right to claim these damages back from the Hirer.
If the rental vehicle is returned before the agreed return date, the full rental price agreed in the rental agreement shall still be payable. On principle, no agreement exists on the part of the Rental Firm to automatically convert the rental agreement into a continued rental agreement for an indefinite period of time.
8. Handover and Return of Rental Vehicle
The vehicle must be taken over and returned at the locations. The rented vehicle must be taken over by the Hirer at the time agreed at the location specified in the rental agreement.
On occasion it may be that bicycle racks are mounted on the rented vehicle – even though they were not expressly booked by the Hirer; this is, above all, to ensure a smooth-running rental business. The Rental Firm shall not be obligated to remove these bicycle racks. For ferry bookings, the vehicle length as stated on the website applies (up to 6 metres in each case).
The Hirer is obligated to return the rented vehicle at the location and time agreed in the rental agreement when the hire period comes to an end. If the rented vehicle is not returned on the date agreed upon in the rental agreement, and the Hirer also fails to report without delay the reason for the delayed return, the Rental Firm shall assume that the Hirer is using the rented vehicle unlawfully. The Rental Firm shall then be entitled to report the matter to the relevant authority.
Upon return of the camper van, the Hirer is obliged to inspect the rented vehicle together with a representative of the Rental Firm and to inform the latter of any damage caused during the rental period. The Rental Firm reserves the right to take back the vehicle only once it has been completely cleaned. The joint inspection does not preclude claims from the Rental Firm, regarding damages not listed during this inspection (especially with regard to hidden damages). This inspection is not a binding agreement that no damage has occurred during the rental period.
The rented vehicle must be returned with a full tank of fuel. A partially filled tank will be refilled by the Rental Firm, who will charge the fuel costs incurred plus a flat rate handling fee of €19.00 for the refilling of the tank. The amount may be withheld directly from the security deposit.
The rented vehicle must be returned with a clean interior (swept, vacuumed and wiped clean) by the Hirer to the Rental Firm. The Rental Firm shall carry out any further interior and exterior cleaning.
Cleaning costs incurred due to the rented vehicle being considerably dirty, e.g. the upholstery, the interior ceiling or walls, shall be withheld from the security deposit and be subject to a special flat rate cleaning fee of at least €200. In this respect, however, the Hirer shall have the right to prove that no damage or loss at all was incurred, or that the damage or loss incurred is considerably lower than the special flat rate cleaning fee. Likewise, the Hirer shall bear the cost of an exterior car wash if the outside of the rented vehicle is considerably dirty (e.g. muddy).
If the vehicle is not returned with a properly cleaned interior (swept, vacuumed and wiped clean), a special flat rate cleaning fee of €100 shall be charged. In this respect, however, the Hirer shall have the right to prove that no damage or loss at all was incurred, or that the damage or loss incurred is considerably lower than the special flat rate cleaning fee.
9. Obligation to Exercise Due Diligence and Care
The Hirer must handle the rented vehicle with care and observe all relevant regulations and technical rules and must always lock the rented vehicle properly and protect it against theft. The operating instructions of the rented vehicle and those of all installed equipment etc. on board must be strictly observed. The Hirer in particular undertakes to observe the relevant road traffic regulations in the respective countries of travel. Driving is only permitted with a secured or locked gas cylinder.
Hirer and passengers are themselves responsible for observing any foreign exchange, health, toll, passport, visa, traffic or customs regulations. All possible costs and disadvantages, which may result from the non-observance of these regulations shall be borne by these persons.
Smoking is not permitted inside the vehicles. If the smoking ban in the rental vehicle is not observed, a €500.00 fine shall be retained from the security deposit to compensate for the loss in value and to pay for a professional cigarette smoke removal company. The Hirer shall have the right to prove that no damage or loss at all was incurred, or that the damage or loss incurred is considerably lower than the special flat rate cleaning fee.
Pets, in particular dogs, may only be taken on campervans that are specially designated and identified as ‘pet-friendly’ campervans for small pets. These can be booked for a special fee. On all other campervans – not marked as “dog-friendly” – animals are not allowed. Should the Rental Firm notice a breach of this rule, the Hirer shall have to pay for all additional cleaning costs (removal of pet hair, ozone treatment, etc.) plus a penalty of €500.00 for the depreciation of the vehicle. Should a “dog-friendly” campervan be scratched or be particularly dirty due to having taken along a small pet, the Rental Firm also reserves the right to charge the Hirer for the respective loss in vehicle value and for any cleaning costs after the trip.
10. Repair and Maintenance
During the rental period, the Hirer shall take all measures necessary to keep the campervan in the condition it was in at the start of the rental. The Hirer shall look out for warning lights on the vehicle display and take all necessary measures in accordance with the operating instructions.
In particular, the Hirer is obliged to check oil level and cooling water levels and to carry out regular tyre pressure and tyre condition checks before and during the journey.
At departure the Hirer takes over a full Ad Blue tank. The Hirer is obliged to regularly check the Ad Blue tank and to ensure that it is properly refilled, at his/her own expense, without delay if the warning signals flash.
The Hirer shall be liable for all consequences ensuing from any breach of these maintenance obligations.
Regular maintenance costs, such as operating materials for the rented vehicle, shall be borne by the Hirer for the agreed hire period. The costs for statutory maintenance services and any necessary wear repairs shall be borne by the Rental Firm.
Any alteration or mechanical tampering with the campervan without the Rental Firm’s prior written approval is prohibited. If this rule is breached, the Hirer shall bear the costs necessary for restoring the vehicle to the condition it was in at the start of the rental.
Repairs which become necessary in order to guarantee the operational safety or road safety of the vehicle may only be commissioned by the Hirer during the hire period with the consent of the Rental Firm. The Rental Firm shall bear the repair costs upon presentation of the relevant receipts, unless the Hirer is liable for the damage.
11. Liability of the Hirer, Insurance
In the event of accidents, loss, theft or improper operation in respect of the rented vehicle, or in the event of any breach of contractual obligations under Sections 2, 8, 9 or 10 of these T&Cs, the Hirer shall be liable for the repair costs incurred as a result thereof or, in the case of a total write-off, for the replacement value of the rented vehicle less its residual value, unless the Hirer is not at fault for the occurrence of the damage or loss. Additionally, the Hirer shall also be liable for any resulting consequential loss, in particular any reduction in value, towing costs and expert’s fees. The Hirer’s liability shall not apply insofar as neither the Hirer nor the driver is at fault for the damage or loss.
The rental vehicle has third-party liability insurance and fully comprehensive insurance. Liability cover is €100 million.
The Rental Firm shall be authorised to meet or ward off, in the Hirer’s name, damage claims asserted against the Hirer and, within the scope of dutiful discretion, to submit all declarations that appear appropriate in this respect.
If claims are asserted against the Hirer extrajudicially or judicially, the Hirer shall give notification thereof without delay after the claim was brought. In the case of claims asserted judicially, the Hirer shall leave it to the Rental Firm to conduct the legal dispute. The Rental Firm shall be entitled to appoint a solicitor in the Hirer’s name. The Hirer shall grant the appointed solicitor power of attorney and provide him/her with all necessary information and requested documents.
The Rental Firm shall indemnify the Hirer in accordance with the principles of fully comprehensive insurance on the basis of the respective valid model terms and conditions of the General Terms and Conditions for Motor Vehicle Insurance, with an excess plus a flat rate fee for damage to the rented vehicle in the sum of €49 per case of damage or loss. The Hirer shall have the right to prove that no damage or loss was incurred, or that the damage or loss incurred is considerably lower than the flat rate fee.
The exemption from liability covers damage caused by an accident, i.e. by an event suddenly impacting directly from the outside with mechanical force; operating damage and damage strictly due to breakage shall not constitute damage caused by an accident. Likewise, damage between a towing vehicle and a towed vehicle or trailer without any impact from the outside shall not constitute damage caused by an accident.
In particular, therefore, the exemption from liability shall not include damage or loss incurred as a result of a hook-up error or incorrect filling (of the water tank or diesel fuel tank) or as a result of the load.
Nor shall the exemption from liability include damage caused to the awning, to the interior of the rented vehicle or to the pop-up roof, including the roof tent, as a result of operating errors.
Please also note the following in this respect:
- Never extend the awning in strong wind or rain and never leave it unattended while it is extended. The cost of a new awning with installation shall be borne by the Hirer, if in breach of the above. These costs may exceed the deposit!
- The water system cannot be cleaned if the diesel fuel has been incorrectly filled into the tank. It has to be replaced completely. This applies to tanks, boiler, pump, taps and pipes. The costs shall be borne in full by the Hirer. The Hirer shall furthermore be liable for any damage to the vehicle and its accessories resulting from this. The same shall apply if the diesel fuel tank is incorrectly filled.
Except where the Hirer’s liability can be partly limited or excluded by way of corresponding worry-free packages (Section 13), the Hirer shall – regardless of fault on his/her part – be fully liable for the following damage or loss:
Tyre damage: Resulting costs for the towing service, the tyres themselves or the fitting of the tyres shall likewise be borne by the Hirer. The spare wheel shall not be fitted to the rented vehicle by the Hirer, but shall be fitted by a towing or breakdown service.
Stone-impact damage to the windscreen: Windscreen/glass damage from stone-impact shall be repaired or replaced, depending on the extent and location of the damage.
Damage to the interior of the vehicle.
There is no insurance cover for any damages to the vehicle that are caused when using ferries or motorail trains. All costs for damages caused by these means of transport shall be borne by the Hirer. The Hirer is obliged to report any ferry and any other transport damages to the Rental Firm.
Young drivers under 23 years of age are subject to paying an excess of €2,500.00 per claim. Otherwise, the excess is generally €1,500. The Hirer has the option to reduce excess amounts by opting for various worry-free packages offered on the Rental Firm’s website in the Service section by the Rental Firm; see Section 13 for more information.
The Hirer shall be fully liable in cases of intentional breach of the contractual obligations, in particular for damage or loss incurred in the event of use by an unauthorised driver or use of the rental vehicle for prohibited purposes. If the Hirer has intentionally committed hit and run or breaches its obligations under Section 12, he/she shall likewise be fully liable, unless the breach does not affect the ascertainment of the case of damage or loss. In cases of grossly negligent breach of a contractual obligation, the Hirer shall be fully liable if he/she caused damage or loss with wrongful intent. If the Hirer causes damage or loss by gross negligence, he/she shall be liable to an extent proportionate to the severity of the Hirer’s culpability; the burden of proving the absence of gross negligence shall be borne by the Hirer.
In all other respects, the Hirer shall be liable in accordance with the statutory provisions.
The Rental Firm shall quantify and settle claims on the basis of cost estimates from a German authorised repairer or by means of its own specialist personnel using standard software for the calculation of claims (SilverDAT) and on the basis of the cost structure of an authorised garage located at the place where the Rental Firm has its registered office.
A handling fee of €49.00 is charged by the Rental Firm for sorting out any damage of any kind incurred during the hire period.
If the rented vehicle is parked/dropped off early at the location or in the proximity of the location (regardless of whether this is a public or private space), this is done at the Hirer’s own risk! The Rental Firm does not accept any liability for damages that occur up until the official end of the hire period.
In the event of loss of the vehicle licence, the Rental Firm shall apply a flat rate handling fee of €200. In the event of loss of the key, the Rental Firm shall charge a flat rate handling fee of €1,000.
12. Accidents and Damages
In the event of a breakdown or malfunction of the rented vehicle (e.g. the engine lamp lights up or flat tyre), the Rental Firm’s hotline shall be contacted in order to clarify the further course of action.
In the event of any damage to the rented vehicle during the hire period, the Hirer is obliged to immediately notify the Rental Firm, in writing, of all the details of the event that led to the damage. The accident report must in particular contain the names and addresses of the persons involved, must name any witnesses as well as the registration numbers and insurance details of the vehicles involved. For this purpose, the Hirer has to fill in the accident report form that can be found in the glove compartment of the vehicle, and must do this carefully and truthfully. This form can also be requested from the Rental Firm over the phone at any time or may be downloaded from the Rental Firm’s website. The Hirer shall electronically send the form as a scan to email@example.com without delay.
If the Hirer does not comply with this obligation, the Rental Firm reserves the right to charge a contractual penalty of €1,000.00. Additionally, liability under Section 11 may possibly apply.
After an accident, fire, theft, damage caused by game animals or other damage, the Hirer must also immediately inform the local police. This also applies to accidents for which the Hirer is solely responsible without any other third-party involvement. If the Hirer fails to report the incident or damage to the police, he/she shall be fully liable for any resulting economic disadvantages of the Rental Firm. Any opposing third-party claims must not be recognized.
Apart from the standardised European accident report, no other documents relating to the accident must be signed.
If any damage is detected while on route, the Rental Firm must be notified via email immediately. Should a repair be necessary, the rented vehicle must be stopped immediately before further damage can occur. The continuation of the journey, even to the nearest garage, shall only be permitted with the prior consent of the Rental Firm. This does not apply if consequential damage can be ruled out based on the type of damage reported.
If the Hirer takes the rented vehicle to a garage or has it taken there, the Rental Firm must be informed immediately during business hours, and before giving the repair garage a repair order, about the garage, the duration and the costs of the repair. Repair must not commence before approval has been granted. The Rental Firm shall only pay repair costs if the repair has been approved by them beforehand and only upon presentation of the respective receipts. The Rental Firm must be given the exact contact address of the garage immediately.
13. Carefree Packages
The Hirer has the option of reducing his/her liability under Section 11 by booking carefree packages. The basic carefree package is automatically included with every booking. This package comprises the following elements:
- an excess of €1,500 or of €2,500 (for young drivers under the age of 23)
- unlimited number of kilometres
- an additional driver without any surcharge
- mobility service: In the event of a breakdown in Germany or abroad, the Rental Firm shall endeavour to provide a replacement car or to have the rented vehicle repaired as quickly as possible.
- breakdown assistance: All services shall be initiated only by the Rental Firm, and at its discretion, and shall be subject to agreement by way of use of the Rental Firm’s 24-hour hotline.
If the advanced carefree package is added to the booking, the Hirer shall be additionally entitled to the following services:
- two additional drivers without any surcharge
- The excess (see Section 11) shall be reduced to €800 or to €1,500 for young drivers (under the age of 23)
- Windscreen insurance – minor: no liability on the part of the Hirer for stone-impact damage to the windscreen outside the field of vision, with cracks up to a maximum of 2 cm
If the complete carefree package is added to the booking, the Hirer shall be additionally entitled to the following services:
- unlimited number of additional drivers
- The excess (see Section 11) shall be inapplicable, or shall be reduced to €500 for young drivers (under the age of 23)
- Windscreen insurance – major: no liability on the part of the Hirer for stone-impact damage to the windscreen
- tyre insurance: no liability on the part of the Hirer for tyre damages
- interior insurance: no liability on the part of the Hirer for damage to the interior (excluding the awning and the pop-up roof)
Even where liability is reduced by booking the advanced carefree package or the complete carefree package, the general rules concerning liability under Section 11 shall apply if the Hirer is at fault for the damage or loss. In particular, the Hirer shall be fully liable in cases of grossly negligent breach of a contractual obligation where he/she causes the damage or loss with wrongful intent. If the Hirer causes damage or loss by gross negligence, he/she shall be liable to an extent proportionate to the severity of the Hirer’s culpability; the burden of proving the absence of gross negligence shall be borne by the Hirer.
14. Liability of the Rental Firm
Any liability on the part of the Rental Firm due to a breach of its duties laid down in the agreement shall be limited to wrongful intent or gross negligence, including wrongful intent or gross negligence on the part of its representatives and authorised agents. The Rental Firm shall be liable in accordance with the statutory provisions insofar as a duty material to the agreement (material contractual duty) is breached. In this case, liability shall be limited, in terms of the scope, to compensation for the foreseeable damage or loss typical of this type of contract. Liability due to culpable mortal injury, physical injury or health damage shall remain unaffected hereby.
The Rental Firm makes the rented vehicle available for the agreed time. Should the rented vehicle not be available at departure for any reason whatsoever, the Rental Firm shall provide a replacement vehicle. Should this not be possible either, the Rental Firm shall reimburse the Hirer for the payments made.
The Rental Firm will try to provide the Hirer with a replacement vehicle in the event of damage to the vehicle or the vehicle needing garage repair during a hire period, provided that a replacement is available. Except in the case of damage due to initial defects, the rental fee shall continue to be paid even in the event of damage to the vehicle or in the event of the vehicle needing garage repair; a reduction of the rental fee under § 536 BGB (German Civil Code) is ruled out in this respect. Garage repair days or missed holidays due to damages that occur during a rental do not entitle the Hirer to a refund.
If the Hirer leaves items behind when returning the rented vehicle, the Rental Firm shall only be obliged to keep these items in as far as this can reasonably be expected and the Hirer is obligated to bear the costs.
If in isolated cases private vehicles are parked on the Rental Firm’s grounds, the Rental Firm accepts no liability for damage or theft.
15. Toll Charges
The Hirer bears the cost for all toll and/or registration charges at the respective location, in advance by bank transfer or by credit card. Prior to travelling to the holiday destination, the Hirer shall inform himself/herself of possible tolls and environmental zones and shall, where necessary, register for these.
For trips to Norway, the Hirer shall inform him-/herself in advance at www.autopass.no about the terms of payment. Furthermore, the Hirer must register at www.epcplc.com/rental before arrival.
For trips to Sweden, the Hirer must register in advance at www.epass24.com.
The vehicle number plate can be added to the registration after the vehicle has been handed over.
If the Hirer sets off from a French location, the vehicle shall already be equipped with an environmental sticker (“Crit’ Air”). If the Hirer wishes to drive to France using a vehicle rented at a location outside of France, he/she shall, by no later than two weeks before the rental begins, notify the Rental Firm in order to obtain the necessary vehicle information.
In Portugal, it shall only be necessary to register or purchase a toll card at www.portugaltolls.com if the Hirer takes a toll route where the toll is electronically collected. The routes are specially marked.
In the event of non-compliance, the Rental Firm shall, in addition to the toll charges and any penalty fees, charge a handling fee of €19.00 for each payment request made.
16. Storage of Personal Data
When carrying out or performing the agreement with the Hirer, it shall be essential for the Rental Firm to process the Hirer’s personal data. The scope of the data processing, as well as the relevant legal basis and further information in accordance with Article 13 GDPR are set out in the Rental Firm’s Data Protection Statement. This Data Protection Statement is available at: https://roadsurfer.com/en/privacy-statement/
As a rule, data shall not be passed on to third parties.
However, we may, in individual cases, be called upon by government agencies or private service providers (e.g. car-park operators, toll operators) to hand over these data.
As a result of the use of a navigation device, the navigation data entered during the rental period may be stored in the rented vehicle. If mobile devices or other devices are coupled with the rented vehicle, data from these devices may likewise possibly be stored in the rented vehicle. If the Hirer wishes that the aforementioned data no longer be stored in the rented vehicle after the vehicle has been returned, he/she shall ensure that these data are erased before the vehicle is returned. Erasure can be brought about by resetting the vehicle’s navigation and communication systems to the factory setting. Instructions relating thereto can be gathered from the operating instructions, which are to be found in the glove compartment. The Rental Firm shall not be obliged to delete the aforementioned data.
17. Non-assignment Clause
Any assignment of claims from the rental agreement to third parties, for instance to spouses or other passengers, is not permitted. The same applies to the assertion of other claims in one’s own name.
18. Place of Jurisdiction, Statute of Limitation
The place of jurisdiction for all disputes arising from this contract is Munich.
Insofar as the accident has been recorded by the police, damage claims by the Rental Firm against the Hirer shall fall due only if the Rental Firm has had the opportunity to see the investigation file. The limitation period shall begin no later than six months after the campervan was returned.