roadsurfer terms & conditions
1. Applicable Law, position of the customer, subject matter of the contract
The subject matter of the contract is solely the leasing of a vehicle of the VW camper van type with standard interior fittings or individually configured fittings. A car rental/leasing agreement between the Rental Firm and Hirer comes into being to which exclusively the law of the Federal Republic of Germany applies. First and foremost, the provisions of this contract, supplemented by the legal provisions governing the rental contract. The VW camper vans 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 (the same route to and fro several times) or their use to move home, shall be prohibited. A violation entitles the Rental Firm to terminate the lease without notice for good cause, subject to any claims for damages. The Hirer organises his/her own journey to suit his/her needs and is solely responsible for this use. The Rental Firm does not owe any travel services, nor any package of travel services. The statutory provisions on package travel contracts, in particular §§ 651a-mBGB (German Civil Code), apply neither directly nor indirectly to the contractual relationship. All agreements between the Rental Firm and the Hirer must be made in writing. The rental agreement also includes the fully completed handover and return protocols from Rental Firm and Hirer respectively. Several Hirers are jointly and severally liable.
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 at the time of conclusion of contract include VAT (19%). The respective rental price is to be taken from the pricelist 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 ferry costs. Penalties or fines, too, are payable by the Hirer. For each individual penalty received, roadsurfer GmbH charges an administrative fee of €19.00 for the handling of penalties, speed and parking tickets.
Every kilometre that the Hirer drives is included in the daily car rental price – unless otherwise agreed in writing and as long as the driving behaviour does not deviate from the norm. In the event that the Rental Firm has doubts about the purpose of the rental and should a misappropriation be apparent after the vehicle is returned, the Hirer shall be obligated to pay damages.
Special discounts (promotions, special staff offers or trade fair promotions) cannot be combined with other discounts such as long-term or early-bird discounts as a matter of principle.
By sending the completed booking form, the Hirer submits a binding offer to conclude the rental contract and accepts the general terms and conditions of roadsurfer GmbH 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 roadsurfer, 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, which was actively triggered by roadsurfer, shall the rental booking be bindingly accepted by the Rental Firm (= conclusion of contract) and the rental vehicle be deemed firmly booked.
The 50% deposit 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. The remainder must be received by roadsurfer 30 days prior to departure. If the deposit or the balance is not paid on time, the Rental Firm may use their discretion to decide when to finally cancel the booking.
4. Hire period
The hire period extends from the agreed pick-up of the vehicle to the final return. The vehicle must be returned by the time specified in the rental agreement.
If the hire period is exceeded, €50.00 will be charged per hour; a partial hour is charged the same as a full hour. If a subsequent car rental is prevented due to the hire period being overrun, the Hirer is also liable to pay compensation for the damage incurred (e.g. loss of profit). The minimum hire period with roadsurfer GmbH is 3 nights all year round.
If the Hirer withdraws from the rental agreement, the following shall apply: Cancellation is free of charge, if the Hirer withdraws up to 60 days before the 1st day of rental. If cancelled 59 to 15 days before the start of the hire period, 50% of the total rental price is payable (the deposit is retained). For cancellations made 14 to 0 days before the 1st rental day, the full rental price (100%) including any extras must be paid to roadsurfer. The amount of compensation, which the Rental Firm is entitled to in case of non-collection of the vehicle, is 100% of the due rental price. The amount of compensation to which the Rental Firm is entitled in the event of non-collection of the vehicle, is 100% of the due rental price.
If roadsurfer manages to rent the rental vehicle for the originally booked period to another customer for the whole period or for parts of it, the respective amount will of course be offset against the original bill. 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.
Equipment booked already cannot individually be cancelled separately from a main rental booking. Costs for equipment such as bicycle racks or camping toilets will not be refunded if the booking is cancelled. Costs for equipment such as bicycles or camping toilet, shall not be reimbursed if cancelled.
6. Payment Method and Deposit
After the binding booking (i.e. after the Hirer has received the confirmation email from the Rental Firm) 50% of the rental price must be paid within 7 days (deposit). The remaining 50% of the rental price must be paid at least 30 days before the journey start (full payment).
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 contract form. Without such a security deposit the vehicle shall not be handed over. A delayed deposit, 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 the list 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 in full between the 7th and 14th day after the end of the hire period. However, this does not exempt the Hirer from liability for concealed or hidden defects or damage discovered subsequently by the Rental Firm. General legal requirements shall apply in this case.
7. Handover and Return of Rental Vehicle
The vehicle must be taken over and returned at the locations. The 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 – so as 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 vehicle at the location and time agreed in the rental agreement when the hire period comes to an end. The vehicle must be returned with a full tank of fuel. A partially filled tank will be refilled by roadsurfer, who will charge the fuel costs incurred plus a handling fee of €19.00 for the refilling of the tank. The amount may be withheld directly from the security deposit. The hire vehicle must be returned clean inside by the Hirer to the Rental Firm (to be returned as clean as it was when picked up). The Rental Firm carries out any further interior and exterior cleaning, which is covered by the rental flat rate. Heavy soiling, e.g. on the upholstery, the interior ceiling or walls, shall be deducted from the security deposit to cover the cleaning costs incurred. Should the outside of the vehicle be very dirty (e.g. mud), the costs for the exterior car wash shall be taken off the Hirer’s security deposit. In the event of the vehicle not being returned with an orderly clean interior (swept, vacuumed, and wiped clean), an additional cleaning fee of €100.00 shall be payable, which shall be deducted from the security deposit. 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.
8. Authorised Vehicle Drivers
The roadsurfer vehicles may only be driven by drivers who have held a driving licence for at least one year and are at least 18 years old at the time of the rental start. The main Hirer and all drivers must be in possession of a valid class 3 or class B driving licence and must be named in full when the vehicle is handed over. Main 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 vehicle must only be driven by the Hirer him-/herself and the drivers named in the rental agreement. The keeper of the vehicle is the Hirer for the agreed hire period. The Hirer is not permitted to use the 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.
9. Obligation to Exercise Due Diligence and Care
The Hirer is subject to exercise due diligence with regard to the rental object and is obliged to strictly observe the operating instructions of the vehicle and those of all installed equipment on board. The Hirer must handle the vehicle with care and observe all relevant regulations and technical rules and must always lock the vehicle properly and protect it against theft. The Hirer in particular undertakes to observe the relevant road traffic regulations in the respective countries of travel. The vehicle may only be used within the member states of the European Union and in Norway, Iceland, Croatia, Andorra, Albania, Macedonia, Bosnia Herzegovina, Montenegro, Belarus and Switzerland. The destination and the countries to be travelled must be named in writing to the Rental Firm before departure. Excluded are trips to Turkey, Russia, Morocco, Tunisia and all other non-EU countries within geographical Europe. Driving is only permitted with a secured or unlocked gas cylinder.
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 are to be borne by the Hirer. The Hirer is obliged to report any ferry and any other transport damages to the Rental Firm. A total write-off of the vehicle is covered by the Rental Firm’s insurers.
Hirer and co-travellers 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.
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 on the Internet 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. Insurance cover
The insurance cover is included in the rental vehicle. The rental vehicle has fully comprehensive insurance and third-party liability insurance. Liability cover is €100 million. The Hirer pays an excess for each claim to the fully comp insurance of €1,500.00. Partial cover claims require the Hirer to pay an excess of €750.00 per claim. Young drivers under 23 years of age are subject to paying an excess of €3,000.00 per claim in the event of both full and partial damage claims. The Hirer has the option to reduce excess amounts by opting for various service packages offered on the roadsurfer website in the Service section by the Rental Firm. The liability reduction/excess covers solely own vehicle damage claims and cover only applies in as far as no breach of duty or gross negligence is given, otherwise the Hirer shall be liable to pay the full amount of the damage. Damages to the awning, the interior of the vehicle or the pop-up roof are not collision-damages and must be borne by the Hirer in full (100%).
The above liability limitations also apply to damage caused by inappropriate road-use or to damage caused by wilful or gross negligent behaviour (e.g. driving under the influence of alcohol or drugs), ignoring passage width and height restrictions, caused by the load on the vehicle, by overloading (exceeding the permissible total weight) or by excessive revving of the engine, or driving the vehicle with insufficient oil and water levels. This also includes driving on unsuitable or unpaved roads. Damage resulting from this must be borne in full by the Hirer.
11. Repair and Maintenance
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. 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.
12. Liability of the Hirer
The Hirer is liable for the timely return of the vehicle in proper and contractual condition. In case of delay, the Hirer shall be liable for the costs for the further rental or any potential return transport. The rented roadsurfer vehicle may only be used for the agreed purpose. The rented vehicle must not be handed over to third parties. However, should this still happen, the Hirer shall be liable for any damages incurred as a result. Several Hirers shall jointly and severally be liable. In the event of accidents and the loss of the vehicle, the Hirer shall be liable for the damage incurred – in as far as the insurance cover taken out applies, the excess is to be paid – if s/he (or the driver) is (co-)responsible for the accident or loss.
However, the Hirer shall be liable without limitation for damages if and insofar as the insurer does not pay, in particular because the Hirer (or driver) has caused the damage through intent or gross negligence. The Hirer shall also be liable for damage caused as a result of driving under the influence of alcohol or drug-related incapacity, or should the driver fail to have the accident, fire, theft, wildlife damage or other damage recorded by the police, or if the Hirer (or driver) does not have a valid driving licence or is not authorised to make use of it. The same applies to damages caused by non-observance of the traffic sign No. 265 – clearance height – in accordance with § 41 paragraph 1I clause 6 StVO [road traffic regulations]. If the Hirer commits a hit-and-run accident, violates his/her obligations or hands over the vehicle to an unauthorised third party, s/he shall also be fully liable, unless the violation has no influence on the settlement of the claim (in particular with regards to the insurer).
The Hirer is fully liable for all damages caused by the use of the vehicle for prohibited purposes or by improper handling. The purpose for hiring the vehicle must be communicated to the Rental Firm at the time of vehicle handover (holiday, road trip). 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. If the Hirer is found in breach of the agreed purpose or transports more persons than stated, the Hirer shall be responsible for any damage arising thereof. The Hirer shall be liable for any engine damage caused due to neglecting to check oil and cooling water levels. 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. Any missing items or damaged interior equipment must be replaced in full by the Hirer. At the start of the journey the Hirer takes over a full Adblue tank. The Hirer is obliged to regularly check the Adblue tank and to ensure that it is properly refilled at his/her own expense when seeing the warning signals flash. If a vehicle stops, because the fuel warning signals were ignored and further damage is caused as a result, the Hirer shall be solely responsible for the consequences and must bear the cost.
Roadsurfer uses an authorised German garage to acquire a cost estimate for rectifying the damages and settles damages on the basis of the cost estimate. A handling fee of €49.00 is charged by roadsurfer GmbH for the sorting out of 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) is done at the Hirer’s own risk! roadsurfer GmbH does not accept any liability for damages that occur up until the official end of the hire period.
roadsurfer GmbH charges a handling fee of €19.00 for handling a traffic violation committed by the Hirer (e.g. breaking the speed limit, unauthorized parking).
In the event of the loss of the vehicle license, roadsurfer GmbH shall apply a 200-Euro-fine.
roadsurfer will try and 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, if a replacement is available. Garage repair days or missed vacation days due to damages that occur during a rental do not entitle the Hirer to a refund.
13. Liability of the Rental Firm
The Rental Firm makes the vehicle available for the agreed time. Should the rented vehicle not be available at the start of the journey 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 Hirer shall not be entitled to any further claims for damages against the Rental Firm. If the Hirer leaves items behind when returning the 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 roadsurfer grounds, roadsurfer GmbH accepts no liability for damage or theft.
14. Toll Charges
The Hirer bears the cost for all toll charges incurred – either at the respective locations or in advance by bank transfer. For trips to Norway, Denmark, Ireland, Hungary, Portugal and the UK, the Hirer undertakes to inform him-/herself in advance at www.autopass.no about the terms of payment. Furthermore, the Hirer must register online at www.epcplc.com/rental before the start of the journey. The vehicle number plate can be added to the registration after the vehicle has been handed over. For Sweden, the Hirer must register in advance at www.epass24.com. In the event of non-compliance, roadsurfer GmbH shall charge a handling fee of €19.00 for each payment request that is made.
15. Accidents and Damages
In the event of any damage to the vehicle during the hire period, the Hirer is obliged to notify roadsurfer immediately of all the details of the event that led to the damage in writing. 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 roadsurfer over the phone at any time or may be downloaded from the Rental Firm’s website.
If the Hirer does not comply with this obligation, the Rental Firm reserves the right to charge a contractual penalty of €1,000.00.
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, s/he shall be fully liable for any resulting economic disadvantages of the Rental Firm. Any opposing third-party claims must not be recognized. Even in the event of minor incidents, the Hirer is obligated to inform the Rental Firm immediately by telephone about the respective incident and must write a detailed written report. 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. Apart from the standardised European accident report, no other documents relating to the accident must be signed. Wear and tear damage shall only be borne by the Rental Firm, if it is not attributable to improper handling by the Hirer. If any damage is detected while on route, the Rental Firm must be notified via email immediately. Should a repair be necessary, the 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.
In the event of a breakdown or vehicle malfunction (e.g. the engine lamp lights up or flat tyres), the first step is to contact the Volkswagen hotline (mobility guarantee). Volkswagen‘s mobility guarantee, the manufacturer Volkswagen guarantees the Hirer that s/he will be taken to the nearest VW garage, where s/he will, should this be necessary, be provided with a replacement vehicle. Only if after consultation with Volkswagen there is no responsibility on their behalf, the breakdown cover is to be informed instead and insurance cover can then be claimed.
If the Hirer takes the 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. For damages to a vehicle exceeding the €100 threshold (minor damages), the Hirer must also immediately send a damage report to the Rental Firm via email, describing the cause of the damage and giving a detailed description of the damage.
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.
Tyre damage: Tyre damage occurring during the hire period is at the expense of the Hirer, unless it can be proven that it was caused before the vehicle was taken over or a respective liability reduction package was booked from roadsurfer. Costs incurred for the towing service or the fitting of the tyres do not have to be borne by the Hirer, if the Volkswagen mobility guarantee or the puncture protection specified in the rental documents, had been notified. Material costs, such as tyres, are to be paid by the Hirer. The spare wheel must not be fitted to the vehicle by the Hirer, but must be fitted by a towing or breakdown service.
Stone chips in windscreens: Windscreen/glass damage from flying stones shall be repaired or replaced, depending on the size and location of the damage. The proportional costs of the partial coverage insurance claim (excess of €750.00 or depending on the liability reduction package bought) shall be borne by the Hirer.
Incorrect filling of the water tank: Arrangement in case of incorrect filling of the water and diesel fuel tank: 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.
Damage to the awning: In order to prevent damage to the awning, the following must be observed: 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!
In order to mitigate the damage, the Hirer is obliged to clarify first, in cooperation with the Rental Firm, whether services such as hotel accommodation, replacement vehicle (passenger car), vehicle collection, motorail return etc. may be obtained through the insurance cover that was taken out. Insofar as such services are sufficient, they shall serve to relieve the Rental Firm from its obligations.
roadsurfer guarantees only the services of the accident and breakdown cover, all further costs are borne by the Hirer.
16. Storage of Personal Data
The Rental Firm is entitled to store and process the Hirer’s data obtained in connection with the business relationship in accordance with the Federal Data Protection Act. This also applies if these were transmitted by third parties.
17. Non-assignment Clause
Any assignment of claims from the rental agreement to third parties, for instance to spouses or other travel companions, is not permitted. The same applies to the assertion of other claims in one’s own name.
18. Place of Jurisdiction
The place of jurisdiction for all disputes arising from this contract is Munich.