Terms & Conditions Campers

Update: 02.06.2023

Terms & Conditions for lessee | Camper

In all contractual relationships between FWC - FreewayCamper GmbH and natural persons, other companies, legal entities under public law or special funds under public law, these General Terms and Conditions of FWC - FreewayCamper GmbH ("T&C") apply exclusively - unless otherwise regulated. The provisions shall apply mutatis mutandis to pre-contractual relationships.

The object of the contract is exclusively the renting of a vehicle (Campervan, motorhome or comparable) with standard interior fittings and corresponding camping equipment.

Between lessor and lessee a lease contract comes off, to which exclusively the right of the Federal Republic of Germany finds application.

To the extent permitted by law, the provisions of this contract shall prevail, supplemented by the statutory provisions of renting property.

Camper are rented exclusively for private purposes, such as holiday trips, for participation in sporting events or the like. Moving of any kinds are strictly forbidden.

The lessee uses the vehicle on his own responsibility and organizes his journey by himself. The lessor shall not owe any travel services, not even the totality of travel services. The statutory provisions on the package travel contract, in particular §§ 651a-mBGB (German Civil Code), apply neither directly nor correspondingly to the contractual relationship.

All agreements between the lessor and the lessee are to be made in writing(or in electronical form, which is equivalent), verbal collateral agreements are invalid.

The subject matter of the rental agreement is also the handover records to be completed and signed in full by the lessee and the lessor upon acceptance and handover of the vehicle with their respective contents.

FWC - FreewayCamper GmbH AND THE CONTRACT
1. FWC - FreewayCamper GmbH is a German company, represented by the managing directors Nikolai Voitiouk-Blum and Julia Blum, each of whom has sole power of representation, which rents out vehicles, as well as booked accessories over an agreed period of time to lessees. .The FWC - FreewayCamper GmbH has its registered office at:
  Thomas-Wimmer-Ring 14
  80538 Munich
  Court of registry: Amtsgericht Munich
  Number of registry: HRB 253050
  Tel.: +49 (0)89 889 970 86
  E-Mail: info@freeway-camper.com
  in the following named "FWC"
2. The rental contract signed by the lessee, these T&C, the handover protocol, the return protocol, the GmbH provisions on insurance cover, the price list for minor claims, the price list for additional services and the following provisions together form the contract. Individual provisions of the agreement agreed with the lessee and recorded in writing shall take precedence in individual cases over these General Terms and Conditions.
CONCLUSION OF THE CONTRACT, PARTIES TO THE CONTRACT
1. The contract is concluded when: the lessee signs the rental contract and FWC confirms the contract in writing or if FWC, in consultation with the lessee/lessees, begins to provide services for the lessee, or the lessee and the FWC agree on the conclusion of a contract in electronic form by offer and declaration of acceptance (order confirmation) by e-mail, fax or via the website of the FWC or by combination of these declaration ways.
2. Any legal entity and natural person who is legally and contractually capable may be a lessee within the meaning of this agreement to the extent that it can assume the obligations of the agreement.
3. In case of doubt, the T&C of FWC have priority over other T&Cs of third parties, which could apply to the present rental contract.
RENTAL OBJECT
1. FWC provides the lessee with the vehicle specified in the rental agreement. Should the rented vehicle not be available at short notice, FWC is entitled to provide an equivalent vehicle (replacement vehicle) for the fulfilment of its obligation, as far as the lessee cannot assert a justified interest in an extraordinary cancellation of the contract. If this is also not possible, the lessee will be refunded the payments. Any further compensation claims by the lessee to the lessor do not exist. Signing of the handover protocol for the replacement vehicle by the lessee means that he accepted the replacement vehicle as an equivalent to the vehicle booked with no further compensation claims possible from FWC.
2. All cars are rented with vehicle registration document, accident form and confirmation of insurance. Basic equipment provided free of charge depends on the model – actual details can be found on the website. If the rented vehicle has a water system, grey water tank and the toilet cassette is handed over empty to the lessee.
3. Depending on the vehicle an individual additional equipment is available and optionally bookable against surcharge. Additional equipment must be explicitly agreed in writing in the rental agreement. Further information can be found on the vehicle details page of the FWC homepage. If the lessee withdraws to take the additional booked equipment but it has already been prepared and/or installed on the vehicle, no refund applies.
4. The vehicle is handed over with a full fuel and AdBlue tank (unless specified differently in the handover protocol). The engine is filled with sufficient engine oil. The car must be returned by the lessee with the same amount of fuel and AdBlue as in the handover protocol.
THE RENTAL TIME
1. The rental period extends from the agreed time of handover and return of the vehicle, stated with the online booking. The rental price of FreewayCamper vehicles is calculated per night, therefore regular/standard pick-ups of vehicles happen 14:00-17:00 on the contract rental start date, and returns happen 8:00-11:00 on the contract rental end date. The exact timing in these time windows is set by the respective Station Team, lessee requests for the specific pick-up/return time are respected if technically and logistically possible. Early pick-up/late return can be booked against an additional surcharge (subject to availability).
2. If the pick-up time is exceeded by more than one hour, the lessee is obliged, without prejudice to any further liability, to pay compensation for the period of exceeding the time limit, of 50 € per hour.
3. The ordinary termination of the rental contract, before the start of the contract, is excluded. The right to extraordinary termination, the right to contest the contract or to withdraw from the contract in accordance with the statutory provisions shall remain unaffected by this. An extraordinary right of termination shall be based in particular, but not exclusively, on the breach of the duties of the lessee specified in Section 14.
4. If the lessee has some specific requirements regarding the vehicles (e.g. needs winter tyres in September), he should inform FWC as much in advance as possible. Each request will be analysed case by case regarding its feasibility. FWC will make every effort to meet these additional requirements, however, FWC reserves the right to not meet these if technical or logistics issues arise. These additional requirements even if not fulfilled do not affect the contract and other clauses of this document.
AUTHORIZED VEHICLE DRIVER
1. When handing over the vehicle, the lessee must present:
  1. a valid driving licence for the respective vehicle, which is valid in all perambulated countries,
  2. a valid means of payment,
  3. as well as a valid identity card or passport.
    
    If the lessee cannot present these documents at vehicle handover, FWC reserves the right to withdraw from the rental contract with no refund to the lessee; claims of the lessee due to non-fulfilment are excluded in these cases. Any costs incurred by the lessor up to that point, or any loss of profit or any other damage resulting from the rescission, shall be reimbursed by the lessee.The vehicle may only be driven by the lessee or by the driver specified in the rental agreement. The lessee is liable for the fault of the additional driver named by him.
2. The lessee and/or driver can only be someone who is at least 18 years old and has at least 1 year of uninterrupted driving experience with a comparable motor vehicle.
3. If there will be multiple drivers of the vehicle during the rental period, they must be all registered with FWC, i.e. valid driving license and ID/passport must be presented and registered during the vehicle handover. If several lessees have become contractual partners, they shall be jointly and severally liable.
4. Unauthorised drivers are persons who do not meet the requirements of this section; they are not authorised to drive the vehicle. A violation of this regulation entitles the lessor to immediate withdrawal or immediate termination of the contract. The lessee is liable for any damages incurred as a joint and several debtor.
5. The unauthorized driver is not covered by insurance or additional services offered by FWC and their partners. Cover is then provided exclusively within the scope of statutory liability insurance (indispensable insurance cover).
6. Pets in the camper: pets are generally allowed in our campers with prior notification to the FWC at the time of booking the camper. If pets are brought along, we charge an additional service fee of 99 €.
TREATY AREA
1. The lessee may only use the vehicle within the geographical borders of Europe and in non-European areas belonging to the European Union (EU). The territory in which the vehicle may be driven is the territory of the European Union, United Kingdom, Switzerland, Liechtenstein, Norway, Andorra, Albania, Macedonia, Bosnia and Herzegovina, Serbia (without Kosovo), Montenegro. Outside these limits, there is no insurance cover in motor vehicle insurance (in particular comprehensive cover). If the lessee wants to use the vehicle in other countries and areas, a prior written consent of FWC is required. In this case, FWC undertakes to provide an appropriately extended insurance cover with additional costs for the lessee.
2. If the lessee requires a green card for their rental, they should inform FWC at least 2 weeks in advance of the camper rental start. Please note that for some vehicles (especially new ones) the green card might not be available.
3. On request, the contract territory can also be extended by individual contracts. The agreement must be made in writing.
4. The lessee is responsible for familiarizing himself with the country-specific laws, in particular traffic and regulatory regulations and toll obligations. This applies in particular to the proper equipment and technical specifications of the vehicle. The lessee is liable to FWC for violations of these obligations. The FWC has in the case of the claim as a vehicle owner e.g. by fine and warning fines an exemption claim against the lessee for such breaches of contract.
HANDOVER
1. The vehicle, and a key shall be handed over to the lessee at the agreed place of delivery ready to drive. The vehicle is fully refuelled, tested with all operating fluids and cleaned inside. The keys are handed over to the lessee only upon covering any outstanding payments concerning the rental or additional products with a valid payment method and transferring of the deposit. If these conditions are not met, FWC reserves the right to withdraw from the rental contract with no refund to the lessee.
2. The lessee is obliged to inspect the vehicle before handing it over. On the occasion of handing over the vehicle, a handover protocol to be signed by FWC and the lessee will be drawn up in which all obvious defects and complaints as well as the speedometer status are to be recorded. Defects asserted later by the lessee can no longer be considered.
3. The lessor doesn't have to unmount the bicycle rack although they have not been expressly booked by the lessee.
RETURN
1. The rental agreement ends upon expiry of the rental period agreed in the rental agreement and the booking confirmation. If the lessee continues to use the vehicle after expiry of the agreed rental period, the rental relationship shall not be deemed to have been extended. § 545 BGB does not apply, not even analogously.
2. If the return time is exceeded by more than one hour, the lessee is obliged, without prejudice to any further liability, to pay compensation for the period of exceeding the time limit, of 50 € per hour up to three times the average rental price per day of the booking. If the delay causes damage to the next lessee, the lessee will additionally have to pay the sum of indemnity of the following rent. The lessee has the right to prove that FWC has suffered no or less damage.
3. The lessee is obliged to return the vehicle to FWC at the end of the rental period with a full tank of fuel (and AdBlue if the car is equipped with AdBlue fuel tank), cleaned (sweped, vacuum-cleaned, mopped) inside and in an operational condition at the place of delivery at the agreed return time (unless the AdBlue or fuel tank was not full at the handover – then with the same amount as on the pick-up). Registration certificate part I/vehicle license and key must be returned to FWC. We offer a service for the customer to refill the AdBlue tank at the station for an additional flat charge of 12 € (in Germany) or 10 € (in Italy) (payable on return).
4. If the lessee violates his obligation to clean in whole or in part, a cleaning fee according to the efforts, but at least 50 € will be applied. If the lessee does not return the vehicle with a completely filled fuel tank, FWC will take over the refuelling. For this additional service, FWC demands an expense allowance of 30 € in addition to the fuel costs incurred. In case of inordinate dirty outer of the vehicle a cleaning lump sum of 50 € will be applied. If the toilet cassette is not emptied or cleaned or grey water tank is not emptied a cleaning fee of 100 € each is applied
5. Upon return, the hired vehicle shall be inspected in the presence of the lessee, whereby the result of the inspection shall be recorded in a return protocol to be signed by both parties. If damage is found which is not listed in this contract or in the handover protocol, it is assumed that the lessee is responsible for the damage, unless the lessee proves that the damage already existed when the vehicle was handed over.
6. In case of poor weather conditions (heavy rain, snow), darkness or when the car is returned dirty, FWC reserves the right to inspect the vehicle only on the next day (when the conditions for inspection are better) to assure no damages are overseen. The lessee can be present at the time of the inspection either in person on site or via remote channel (video call). If the lessee is not present, the return protocol is prepared by FWC and send to the lessee by email with pictures of detected new damages. This is assumed to be binding. If there are no new damages found, the deposit will be released.
7. If the lessee does not return the vehicle or the vehicle key – even through no fault of his own – to FWC at the end of the agreed rental period, FWC is entitled, for the duration of the withholding, to demand a fee as compensation for use at least in the double amount of the previously agreed rental fee; the right to assert further damages is reserved.
8. Furthermore, FWC reserves the right to file a criminal complaint with the responsible authorities for all conceivable legal reasons in the event of non-notification of a delayed return.
9. If the vehicle is returned at an earlier time, there is no entitlement to reimbursement of part of the rental costs.
10. The early return of the rental vehicles on site or near the site (whether public or private property) is at your own risk. The FWC is not liable for any damage caused before the official return.
11. Official complaints shall be filed to FWC email adress stating the reason for complaint, circumstances and all materials (e.g. photos, videos) that will help evaluate the case.
DAMAGE TO THE VEHICLE & INSURANCE
1. In case of an accident, the lessee is obliged to fill in the accident protocol, take pictures of the damages and report it as soon as possible to FWC by calling the hotline or by email info@freeway-camper.com. If third party was involved, the lessee must also call the police and submit a police report to FWC. Failing to do so will result in application of contractual penalty of 1.500 € (Vertragsstrafe). Costs for repairing of the damage to be borne by the lessee.
2. If, during the term of the rental agreement, damage has occurred to the vehicle which did not exist when the vehicle was handed over or which was not recorded in writing in the handover protocol, the lessee shall bear the costs of repair unless he can prove otherwise.
3. The following insurances exist for the vehicle:
  – Fully comprehensive insurance with an excess of 1.500 € for each claim (each damage) of the lessee;
  – Partial comprehensive insurance with an excess of 1.500 € for each claim (each damage) of the lessee;
  – The insurance conditions of Nürnberger Versicherung apply to the car cover letter and the insurance benefits with certain restrictions. See information sheet on insurance benefits.
4. Please note that the amount of the deposit does not limit the claim amount towards the lessee. The claim is only limited to the repair costs (based on appraisal, invoice from the garage or spare parts and working hours used – if damaged repaired in house) plus the handling fee. If two separate damages occurred (e.g. one on the outside of the vehicle, one inside the car), it can be up to 2x 1.500 € – 1.500 € per case (per damage) – please see catalogue of exclusions below:
  1. There is no coverage for damages on awning, pop-up roof and the interior of the vehicle. These damages are not defined as “own-damage claim” and must be paid 100% by the lessee plus claims expenses (even if exceeding the amount of the deposit).
  2. If the lessee caused a damage by a non-traffic-compatible use or by intentional or coarse negligent action (for example by intake of alcohol or drugs), by not following the passage width and passage height, by shunting in case of second person was not assisting the driver (rangieren), by the too much/incorrect load on the vehicle, by overloading exceeding the gross vehicle weight or by turning the engine or driving with insufficient oil or water level, including the driving on inappropriate or unpaved paths – the costs must be paid 100% by the lessee (fahrlässiges Verhalten) (even if exceeding the amount of the deposit).
  3. Tyre damage occurring during the rental period is the responsibility of the lessee, unless it can be proved that it was caused before the vehicle was taken over or a corresponding liability reduction package was booked by FWC. Any costs incurred for the towing service or the fitting of the tyres do not have to be borne by the lessee if the roadside assistance service specified in the rental documents has been used. Material costs, such as tyres, must be paid by the lessee. The spare wheel may not be mounted on the vehicle by the lessee, but only by a towing or breakdown service. Any damages found to the tyres during the return, which were not listed in the pick-up protocol, will result in retaining a fee in the amount equal to the price of the new tyre each.
  4. Stone chips in windows: any stone chips in windows that were not listed in the pick-up protocol will result in retaining a fee in the amount equal to the price of the new window (lump sum 1.500 €).
  5. Improper filling of the tanks, e.g. water filled into the diesel tank or diesel filled into the water tank lead to substantial damages at the vehicle. The costs are to be borne by the tenant in full. The lessee is also liable for any resulting damage to the vehicle and accessories.
  6. The tenant is responsible for engine damage caused by neglected control of oil and cooling water level. The tenant is obliged to check before and during the journey the oil level, the cooling water level and tire pressure and the tire condition. Any damages to the vehicles resulting from failing to do so, will need to be fully covered by the lessee.
  7. For typical damages there is a standardised price list available at the station (e.g. broken table, damaged awning).
5. If damage is found when the vehicle is returned and the lessee confirms the cause of the damage by signing the return protocol, following provisions shall apply depending on the extent of the damage: for all damages, in particular substantial damages, damages which impair the return of the rented vehicle and subsequent subletting and/or a temporary downtime for the repair entails, will be charged on the basis of a cost estimate prepared by a repair workshop or an expert opinion. Any further liability for lost profits, loss of use, towing costs, expert fees, etc. shall remain unaffected.
6. In case of damages or breakdowns that do not allow the lessee to continue their journey, a mobility service shall be called (details in the handbook or in the document sent by email with the handover protocol). In addition, FWC must be consulted to agree on the solution if the damage cannot be fixed within 1 day. FWC reserves the right to reimburse only pre-agreed costs (in writing, by FWC employee) for accommodation that the lessee must have borne due to the vehicle breakdown to the maximum of 79 € per night (upon presentation of receipts). No other costs such as food, entertainment etc. will be reimbursed by FWC.
7. There is no coverage for damage to the vehicle caused when using ferries or car trains. All costs for damages incurred in the relevant transport shall be borne by the lessee. The lessee must be reported to the lessor duty to ferry and other transport damage. A total loss of the vehicle by sinking is covered by the insurance of the lessor.
THE PRICES
1. The lessee must pay FWC the rent agreed in the rental agreement.
2. The rental price includes the provision of the vehicle, the included equipment as well as the agreed insurance cover and roadside assistance.
3. The pre-payment of the rent is to be paid during the booking process through the offered online-payment methods.
4. For bookings of 60 days or more in advance, a deposit of 30% of the rent is payable. The outstanding amount is due for payment no later than 45 days before the start of the rental period. For bookings of less than 60 days in advance, the entire amount is due for payment.
5. Discounts of the FWC cannot be combined.
CANCELLATION OR CHANGE OF BOOKING
1. For a cancellation at least 60 days prior to the rental start a cancellation fee in the amount of 10% of total rental will be withheld.
2. For a cancellation at least 30 but less than 60 days prior to the rental start, a cancellation fee in the amount of 40% of total rental amount will be withheld.
3. For a cancellation at least 15 but less than 30 days prior to the rental start, a cancellation fee in the amount of 70% of total rental amount will be withheld.
4. For a cancellation less than 15 days but more than 48 hours prior to the rental start, a cancellation fee in the amount of 90% of total rental amount will be withheld.
5. In the event of non-collection of the rented vehicle at the agreed time without notification, the rent already paid will be retained in full, unless the lessee proves that FWC has incurred no or lower costs due to the non-collection. If no rent has yet been paid, claims for damages shall remain unaffected. Saved expenses are deducted.
6. If the rental vehicle is returned prematurely before the agreed return date, the full rental price agreed in the rental agreement shall nevertheless be paid. There is no agreement of the lessor to convert the tenancy automatically into an indefinitely continued tenancy.
7. Equipment and services already booked cannot be cancelled separately from a booking. Costs for equipment such as bicycle racks, pick-up and delivery service or additional insurance packages will not be refunded if the order is cancelled.
8. Coronavirus cancellation policy. Customers that have made or will make a booking until 31.12.2023 may adjust it according to following rules:
  -Cancellation up to 30 days prior to the rental start result in 70% of your booking costs being fully refunded while remaining 30% will be converted into a voucher.
  -Cancellation up to 48 hours prior to the rental start result in 100% of your booking costs being converted into a voucher.
  In order to modify your booking according to the guidelines above, the customer shall contact Customer Service via any available channel. All vouchers acquired this way are valid for use until 31.12.2023.
DEPOSIT
1. In order to secure the claims of FWC arising from the rental relationship, the lessee pays FWC a deposit of 1.500 €. For drivers younger than 23 yo at the start of the rental contract, a deposit of 2.500 € is payable. The deposit must be paid with credit card at the latest at the time of handover or transferred to the FWC account mentioned below 7 days before the start of the rental period.
  
  FWC - FreewayCamper GmbH
  IBAN: DE70 1101 0100 2996 6380 33
  BIC: SOBKDEBBXXX
  Transfer reason: Booking number + name, name Camper, Booking period
2. The deposit shall be refunded after termination of the rental relationship if the vehicle is returned in the condition stipulated in the contract, undamaged and the rental contract no longer includes claims, in particular special fees.
3. When the vehicle is handed over at the beginning of the rental period, any existing damage to the vehicle shall be recorded in writing and the respective report shall be handed over to the lessee. The deposit will be refunded by bank transfer after return of the vehicle in the contractually owed condition until the 14th day at the latest or the blocked amount on the credit card will be un-blocked. A liability of the lessee for defects or damages caused by him, concealed or hidden, which due to their nature can only be determined by the lessor after the handover (and hence that could not be motioned in the return protocol), remains reserved. The general legal requirements apply here.
4. In the case of an accident the full deposit of the lessee stays retained by the lessor until the question of guilt is clarified. Same procedure applies if value of the damage requires expert valuation, garage cost estimate or ordering of spare parts – the deposit is kept until the case is clarified.
5. In event of a damage the deposit will be retained in full. Booking an additional insurance, which covers the damage caused according to its insurance conditions, prevents the claims made for the damage to exceed duductible.
CONDITION OF THE VEHICLE, IMPAIRMENTS OF USE, REPAIRS
1. FWC hands over the vehicle to the lessee in a technically perfect, usable and roadworthy condition.
2. The vehicle is cleaned inside and outside. In case of poor weather conditions e.g. heavy rain or snow, the cleaning outside might be suspended. Please note that our campers are not allowed to drive through the car wash. Wash boxes can be used as an alternative but please note the maximum dimensions given.
3. The exact condition of the vehicle results from the handover protocol to be drawn up jointly by the lessee and FWC when the vehicle is handed over and from the return protocol when the vehicle is returned. These protocols shall form an integral part of this agreement.
4. If repairs are necessary during the rental period to maintain the operational and traffic safety of the vehicle, the lessee may only carry out the repair himself or commission such repair orders if FWC has expressly agreed to this in writing or if the anticipated costs do not exceed 50 €. Repair costs will only be reimbursed upon presentation of proper receipts, unless the lessee is liable for the repair itself. The time spent by the lessee on repairing or repairing the equipment himself shall not be remunerated.
5. If the lessee detects a defect in the vehicle which considerably restricts the usability of the vehicle and makes repairs on a larger scale necessary, he must inform FWC immediately. If the defect cannot be remedied immediately by a short-term repair, both parties have the right to terminate the contract without notice. The lessee remains obliged to pay the agreed rent until the defect occurs.
6. In the event of an impairment of the vehicle service, which prevents the lessee from continuing the journey, FWC provides emergency management. In such cases the emergency management is to be contacted.
OBLIGATIONS AND DUTIES OF THE LESSEE
1. The lessee is obliged to handle the vehicle carefully and professionally, to observe all relevant regulations and technical rules for use, in particular the regular inspection of it for sufficient engine oil level, AdBlue® level, water level and tyre pressure, as well as, among other things, the due inspections and to check regularly whether the vehicle is in a roadworthy condition and to use the vehicle properly. Corresponding measures, such as refilling the engine oil, must be duly taken over by the lessee. The suitability of the engine oil to be refilled must be taken into account. The engine oil specification can be found in the overview table in the camper documentation sheet.
2. If the wrong fuel is used or the wrong engine oil refilled, the lessee is liable for the costs incurred by towing the vehicle and/or repairing the damage. Furthermore, the lessee must pay attention to the warning lamps display in the vehicle and take the necessary measures in accordance with the operating instructions. In case of doubt the lessee has to contact FWC.
3. The lessee, as well as the driver(s) named by him, is/are exclusively entitled to drive the vehicle and may not hand over the vehicle to third parties, unless FWC gives its prior written consent.
4. FWC must be notified immediately of any defects and damages, accidents and thefts etc. that have occurred on the vehicle. In case of theft of the vehicle, the lessee or the driver(s) is/are obliged to provide FWC immediately with a copy of the criminal complaint together with the vehicle keys and the vehicle documents, if these were not also stolen.
5. The lessee is obliged to protect the vehicle against overstressing in every way. Especially the lessee commits to sticking to the traffic regulations of the respective countries. Driving is only allowed with closed and secured gas bottle. The vehicle strictly may only be used on public roads. In particular, the use for the following purposes is excluded:
  1. participation in car races and similar drives for motor sport purposes;
  2. for vehicle tests or driving safety training courses;
  3. participation in off-road drives;
  4. carriage of highly flammable, toxic or dangerous substances or products that violate applicable laws;
  5. driving school exercises;
  6. for paid transport services;
  7. for subletting;
  8. the commission of customs offences and other criminal offences, even if these are punishable only by the law of the place where the offence is committed;
  9. use of the vehicle to pull or push another vehicle or trailer, unless the total weight entered in the vehicle documents is observed and the rental vehicle is equipped with an appropriate trailer coupling;
  10. transport of live and dead animals. Necessary special cleaning costs are to be borne by the lessee. These costs are calculated according to actual expenditure, but are charged at least with a fee of 500 €. The lessee has the right to prove that no damage has occurred or that the actual expenditure is less than the flat rate;
  11. transport of persons or goods with a weight, quantity and/or volume exceeding the maximum allowed values entered in the vehicle documents;
  12. moving and transport of goods of all kinds, which differ from the requirements for use of a mobile home/camper;
  13. uses that go beyond the contractual use.
6. The lessee assures that he will not drive the vehicle if he is not in a roadworthy condition, in particular, but not exclusively, not under the influence of alcohol or other intoxicating substances, but also in a roadworthy condition due to, for example, illness or fatigue.
7. The vehicle shall be secured against theft in accordance with the respective technical possibilities of the vehicle. The lessee and the driver are obliged to ensure that the vehicle is locked and that the anti-theft device, if present, is activated when the vehicle is parked or unattended.
8. Smoking in the vehicle is strictly prohibited. In the event of a violation of this prohibition, a special cleaning fee of € 500 will be charged.
9. The lessee is obliged to properly secure the cargo so that it does not cause any damage to the vehicle and does not pose any risk to the passengers. The applicable statutory regulations on load securing must be observed.
10. The lessees are liable to FWC for all consequences resulting from the violation of the above obligations. Failure to do so may affect a possible claim for damages against the lessee.
11. When renting vehicles with an AdBlue® tank, the lessee must ensure that the AdBlue® tank is always sufficiently filled. The lessee and the driver(s) will be liable without limitation for breaches of the above obligation committed during the rental period; the lessee shall indemnify the lessor against all claims asserted by the authorities or other third parties against the lessor for failure to refuel the AdBlue® tank, in particular from fines and warnings. The lessee takes over an Adblue tank with a reach of at least 5.000 km at the beginning of the journey (according to the board computer). The lessee is obliged to check the AdBlue® tank regularly and to ensure that the AdBlue® tank is properly refilled at his own expense in the event of warning signals flashing. If a vehicle stops in case of non-observance of the warnings and thus causes further damage, the lessee is solely responsible for this and has to bear the costs.
LIABILITY
1. In addition to this contract, the handover protocol shall be decisive for the contractually agreed quality. The lessee has checked that the vehicle corresponds to his desires and needs before conclusion of the contract.
2. The strict liability of FWC for initial defects and negligence according to § 536a Abs.1, Alt.1 BGB is excluded. The liability of FWC for intent and gross negligence remains unaffected.
3. The lessee notifies FWC immediately of any defects and explains in writing the detailed circumstances of the occurrence. Otherwise, a fine of 1.500 € may occur for the lessee.
4. The vehicle is insured in accordance with section 9.3. In the event of wilful or grossly negligent destruction, damage or wilful or grossly negligent destruction of the vehicle, the lessee must compensate the damage. Several lessees are jointly and severally liable.
5. FWC does not assume any liability for items brought in by the lessee or his fellow travellers, or by the driver(s), which are left behind in the rental object upon return. This does not apply in the case of intent or gross negligence on the part of FWC, its representatives or vicarious agents.
6. In all other respects, the statutory provisions on liability for defects shall apply subject to the General Terms and Conditions.
7. FWC charges a handling fee of 50 € for the handling of a traffic violation committed by the lessee (e.g. excessive speed, illegal parking) or a criminal offence.
8. The lessee must inform himself about toll regulations of the respective countries he/she wants to travel through before departure. All applicable toll fees are borne by the lessee. For some countries, ferry usages, etc. a registration and payment has to happen in advance. The lessee is liable for any violation of the toll agreement in the respective height plus a handling fee of 50 €.
9. In case of loss of the original vehicle license, FWC charges an amount of 250 €.
10. If private vehicles are parked in individual cases on FWC property, FWC is not liable for damage or theft.
LIMITATION OF LIABILITY
1. The FWC pays compensation for futile expenses, no matter for which legal reason (e.g. from legal and similar contractual obligations, material and legal defects, breach of duty and tortious act), only to the following extent:
  1. The liability for gross negligence with intent is unlimited.
  2. In the case of simple negligence, liability shall be limited to damages which are based on a slightly negligent breach of essential duties which endangers the achievement of the purpose of the contract, or on a slightly negligent breach of duties the fulfilment of which is essential for the proper performance of this contract and on the observance of which the lessee may regularly rely. In this case, however, liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract. Any further liability of FWC in cases of slight negligence is excluded.
  3. In all other respects, the liability of FWC is excluded regardless of its legal basis, unless FWC is liable by law, in particular because of injury to life, body or health of a person, assumption of a guarantee, fraudulent concealment of a defect or under the Product Liability Act. Any further liability of FWC, in particular with regard to a possible loss of work or production, is excluded.
  4. The lessor is liable for the agreed handover of the camper and makes every effort to avoid mistakes or faults, but bears no liability for such and any loss or damage arising from the tenant or third parties. The tenant relieves the landlord from liability for damage or loss of items that are transported in the camper or left behind in it. Furthermore, the liability of the lessor is excluded in case of non-justifiable vehicle failure or arranged ban (smog, ozone, disasters, etc.). The total liability of the lessor is according . § 651 BGB limited to the rental price.
2. FWC has the right to raise an objection of contributory negligence.
BEHAVIOUR IN THE EVENT OF TRAFFIC ACCIDENTS AND OFFENCES
1. An accident is an immediately suddenly acting from the outside with mechanical force on the vehicle event applies. Brake, operating and pure breakage are no accident damage, this is particularly true for damages as by sliding load, misfuelling, damage caused by changing gears, operator's error, overloading of the vehicle and damages between the towing and towed vehicle or trailer without the action from the outside.
2. If, while using the vehicle, the lessee is at fault or not at fault involved in a traffic accident, game damage, fire or similar, he must immediately ensure that the course of the accident or damage is recorded by the police. This shall also apply if the rented vehicle was slightly damaged and also in the case of accidents for which the lessee is responsible without the cooperation of third parties. The lessee must refrain from making an acknowledgement of debt.
3. In addition, the lessee must provide FWC with a standardized European Accident Report including an accident sketch, if applicable. The lessee must also record the names and addresses of all parties involved and witnesses in writing. If the accident has been recorded by the police, the lessee must also provide the address of the responsible police authority, the name of the responsible investigating officer and the associated file number.
4. The statutory liability regulations shall apply. The lessee is not liable if FWC obtains compensation for the damages incurred by the other party to the accident, other third parties involved in the accident or from the existing comprehensive insurance or otherwise.
5. The tenant is liable for fault of his accident damage to the vehicle up to the deductible amount agreed in point 3. He however, is fully liable for damages:
  1. caused by:
    1. backing up of the vehicle without introduction of an auxiliary person,
    2. intent, gross negligence,
    3. improper handling of the rental vehicle
    4. disregard for maximum clearance heights and widths,
    5. drug- or alcohol-related driving impairment,
    6. untimely drop-off,
    7. breaches of the terms of the lease.
  2. Furthermore, the lessee is fully liable, if he has committed hit and run offend, or the damage is due to the fact that an unauthorized person has used the motorhome. The lessee is responsible for damage in and around the vehicle, as far as the damage was not replaced by a third party completely.
  3. 1. In case of disagreements about the extent of damage, the lessor may commission at the expense of the lessees an expert.
6. The lessee shall be liable for all damage to the vehicle caused by operating failures, overloading or breach of other obligations under section 14 of this contract during the rental period. The lessee is equally liable for damages caused by his relatives, workers, employees, co-drivers or other third parties who have come into contact with the vehicle through the lessee’s fault, insofar as he culpably omits to make the necessary statements about the person and the object for the enforcement of any claims for compensation of FWC. The lessee is also liable if the damage is only discovered after the vehicle has been returned. FWC must prove in this case that in the meantime the vehicle was not operated by it or a third party.
7. The lessee or driver must take all measures that are useful and conducive to the clarification of the damage event. This includes in particular that they must answer the lessor’s questions regarding the circumstances of the damage event truthfully and completely and must not leave the scene of the accident before it has been possible to make the necessary and, in particular, significant findings for the lessor for the assessment of the damage event or without enabling the lessor to make them.
8. In the event of an accident or damage to the vehicle, FWC shall charge a handling fee in the amount of 250 €. In case of intentional concealment of new damages, a contractual penalty in the amount of 1000 € will be charged.
DATA PROTECTION
1. As a result of the use of a navigation device, the navigation data entered during the rental period can possibly be stored in the vehicle. When coupling cellular or other devices with the vehicle, data may also optionally be stored in the vehicle from these devices. Unless the lessee desires that the above data is not stored after the return, he must delete this data from the vehicle's system. The lessor is not obliged to delete the aforementioned data.
2. The lessor is entitled to store and process the data received in connection with the business relationship with the tenant according to the Federal Data Protection Act, even if they were submitted by third parties.
3. Right of direct marketing: the lessee/driver can contradict his data processing and usage for purposes of advertising or market or opinion research at any time. The objection must be sent to: FWC - Freeway Camper GmbH, Subject: contradiction, Thomas-Wimmer-Ring 14, 80538 Munich or by e-mail to: info@freeway-camper.com
FINAL PROVISIONS
1. The lessee may only offset claims that are undisputed by FWC or have been legally established. The lessee shall only be entitled to a right of retention or the defence of non-performance of the contract regarding undisputed or legally established counterclaims arising from this contractual relationship.
2. This contract shall be governed exclusively by German law.
3. The place of jurisdiction for registered traders, legal and natural persons who have no general place of jurisdiction in Germany, as well as for natural persons who have relocated or resettled abroad after concluding a contract of carriage, whose domicile or habitual residence at the time the complaint is not known, is Munich.
4. All agreements shall be recorded in writing or electronically. This also applies to side-agreements and assurances as well as subsequent changes to the contract. In particular, the cancellation of the written form requirement requires the written form. For the acceptance of the contract by FWC, however, the transcription of the contract text without handwritten signature is sufficient.
5. Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision a regulation which the parties would have agreed on in good faith in accordance with the original intended purpose from an economic point of view shall apply. The same shall apply in the event of a contractual gap.
6. The lessee agrees that his personal data collected by FWC may be processed and stored by FWC for processing, consulting and information purposes. The FWC commits itself not to pass on the data to third parties. The respective credit institute of the lessee is excluded in order to transfer the paid deposit back.
7. These General Terms and Conditions form an integral part of this rental agreement.
DISCOUNT VOUCHERS, COMPETITIONS AND USE OF PICTURES.
1. Validity of discount vouchers: Unless otherwise noted on the voucher, the following applies to discount vouchers (as of September 2021): code valid for all camper bookings through 10.10.2021 for travel through 31.12.2022. Redeemable at www.freeway-camper.com.
2. Only 1 voucher is redeemable per booking and it cannot be combined with other vouchers. It must be redeemed in the booking, afterwards it is not possible.
3. Vouchers cannot be sold to other parties.
4. Vouchers cannot be exchanged for money.
5. Vouchers cannot be used for campsite bookings.
6. If FWC receives photos of participants via Facebook, Instagram or e-mail as part of competitions, FWC may publish them on the company account on Instagram and Facebook as well as on its own homepage. Participants in the sweepstakes have no claim to publication by FWC.
Country-specifics special conditions
1. Additional conditions applicable to camper rental stations in Poland
  Entity Data
  FreewayCamper Polska sp. z o.o.
  Huculska 6, 00-730 Warszawa
  KRS 0000952023
  NIP 5213958480
  Re Preambula is extended by the following clause: '(...) Polish consumer protection law applies for rentals starting in Poland.'
  Re 1.1 In Poland the operator of the camper rental station is FreewayCamper Polska sp. z o.o.
  Re 3.1 The sentence '(...) Any further compensation claims by the lessee to the lessor do not exist' does not apply in Poland.
  Re 4.2 The compensation fee amount in Poland is set to 100 PLN per hour.
  Re 5.6 Pet service fee in Poland is set to 249 PLN per rental.
  Re 8.2 Point 8.2 is replaced by the following clause: 'If the return time is exceeded by more than one hour. the lessee is obliged, without prejudice to any further liability, to pay compensation for the period of exceeding the time limit, of 100 PLN per hour up to two times the average rental price per day of the booking.'
  Re 8.3 Additional flat charge for filling AdBlue tank is 30 PLN (payable on return) if vehicle not returned with full AdBlue tank.
  Re 8.4 Fees referred to in point 8.4 in Poland are the following: cleaning of the vehicle - 150 PLN, refueling - fuel cost + 50 PLN, inordinate dirty outer of vehicle - 100 PLN, not cleaned/emptied toilet cassette - 150 PLN.
  Re 8.7 Point 8.7 is replaced by the following clause: 'If the lessee does not return the vehicle or the vehicle key to FWC at the end of the afreed rental period, FWC is entitled, for the duration of the withholding, to demand a fee as compensation for use at least in the amount of the previously agreed rental fee; the right assert further damages is reserved.'
  Re 8.11 Point 8.11 is replaced by the following clause:
  Complaints for services run in Poland are solved in accordance with the Polish civil law.
  a) Complaints must be sent in writing to FWC using the form on the web portals of FreewayCamper, by email to info@freeway-camper.com or by post to the following address FreewayCamper Polska, Huculska 6, 00-446 Warszawa, Poland.
  b) Complaints may be made within one year from the date of the event that is the subject of the complaint.
  c) The complaint should include in particular the designation of the person submitting the complaint, description of the circumstances and reservation raised, indication of the damage suffered, determination of the claim (compensation amount), and the signature of the person lodging the complaint.
  d) Complaints must be accompanied by the booking number as well as other contractual documents.
  e) If the complaint does not include the above requirements, this information must be provided. In this case, the operator requests the complainant to provide this information within 14 days of receiving the application. If the complainant fails to respond to the request within that period, the complaint will not be processed further.
  f) FWC will process the complaint within 30 days from the date of receipt of the completed complaint.
  Re 9.1 The contractual penalty in Poland is set to 1000 PLN.
  Re 9.4.4 The price of new window in Poland is set to 2500 PLN.
  Re 12 Deposit in Poland is set to 5000 PLN, deposit for young driver (younger than 23 years old) is set to 7500 PLN.
  Re 13.4 Point 13.4 is replaced by the following clause: 'IF repairs are necessary during the rental period to maintain the operational and traffic safety of the vehicle, the lessee may only carry out the repair himself or commission such repair orders if FWC has expressly agreed to this in writing or if the anticipated costs do not exceed 250 PLN. Repair costs will only be reimbursed upon presentation of proper receipts/invoices, unless the lessee is liable for the repair itself. The time spent by the lessee on repairing or repairing the equipment himself shall only be remunerated if prior written approval was granted by FWC. The remuneration amount per day is limited to rental price per day.'
  Re 14.5.10 Special cleaning fee in Poland is set to 1500 PLN.
  Re 14.8 Smoking special cleaning fee in Poland is set to 1500 PLN.
  Re 15.3 A fine for not reporting damage in Poland is set to the amount of the deposit.
  Re 15.7 FWC handling fee for traffic violation or a criminal offence is set to 100 PLN.
  Re 15.8 FWC handling fee for not respecting toll regulations is set to 100 PLN.
  Re 15.9 Loss of original vehicle license plate fee is set to 500 PLN.
  Re 16.2 Point 16.2 does not apply in Poland.
  Re 17.8 FWC handling fee for damage processing is 250 PLN, can be reduced in case of minor effort for processing by FWC. In case of intentional concealment of new damages, a contractual penalty in the amount of 1000 PLN will be charged.
  Re 19.2 Point 19.2 is extended by following sentence: '(...) Polish consumer protection law applies for rentals starting in Poland.'
  Re 19.3 Point 19.3 does not apply in Poland.

Terms & Conditions Campers

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