Rental Agreement
Please note the following information:
The applicable terms and conditions and your contractual partner depend on the agreed pick-up location of the campervan.
When booking a campervan for pick-up within the United States of America (USA) is the
- Contracting party: Adventure Wheels, LLC, 5402 Felicia Avenue, Livermore, CA, 94550 United States of America and the
- applicable contractual terms are: General Terms and Conditions (“Terms & Conditions”) in accordance with section below.;
Adventure Wheels – Terms & Conditions of Adventure Wheels, LLC
THESE TERMS AND CONDITIONS (“Terms”) CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.
Any change in the Rental Agreement or our rights must be in writing and signed by an authorized Adventure Wheels officer. We have the unilateral right to change these Terms from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Adventure Wheels web site. All changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Adventure Wheels web site, without any requirement by you to sign the changed Terms.
1. Subject Matter of the Rental Agreement
These Terms, the rental agreement, including the respective agreed terms and conditions, and the status report of the rental vehicle contained therein, the booking confirmation sent by email, these Terms, the Fee Table in Annex 1 to these Terms (“Fee Table”), any additional agreement signed by you (“You” and “Renter”), any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental, our privacy policy, and the return receipt, collectively constitute the “Rental Agreement” between you and Adventure Wheels, LLC. (“Adventure Wheels”). “Equipment”, “Vehicle” and “Campervan” means the Vehicle and Trailer rented, hereto, including any automobile or truck, hookups or ancillary parts identified in this Agreement and any Equipment we substitute for it, and all its tires, tools, accessories, equipment, keys and ancillary equipment documents.
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 you by Adventure Wheels. This Rental Agreement reflects a transfer of possession of the vehicle, not ownership.
The vehicle may only be used within the continental United States and Canada, unless otherwise agreed by Adventure Wheels. Using the car is not permitted
- in Death Valley between June 1st and September 30th
- to travel to Alaska
Customer is liable for disregarding of those restrictions and is notified, that no insurance coverage applies and no road assistance is provided within these prohibited areas.
This rental is for your personal use only, and not for any commercial use. Vehicles are rented exclusively for personal, private purposes, such as holiday trips, everyday travel, or for similar purposes. All commercial uses are prohibited, such as use as part of a taxi service or other privately hired use.
The Renters and Authorized Drivers shall not use or permit the use of the Vehicle: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of any drug or alcohol; (c) by anyone who obtained the Equipment or extended the rental period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Equipment; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (e) to carry persons or property for hire; (f) to push or tow anything other than the vehicle towing the trailer listed as Equipment, to teach anyone to drive, or to carry objects on the roof of the Equipment; (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal material; (i) for travel outside of the United States, specifically excluding travel into Mexico; (o) when loaded beyond its capacity as determined by the manufacturer of the Equipment; (k) on unpaved surfaces, except at designated campgrounds; (l) to transport more persons than the Equipment has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by local law; (n) when the odometer has been tampered with or disconnected; (o) when the Equipment’s fluid levels are low, or it is otherwise reasonable to expect Renters to know that further operation would damage the Equipment; (p) in a manner that causes damage to the Equipment due to inadequately secured cargo; (q) after an accident with the Equipment unless and until Renters summon the police to the accident scene; and (r) for anyone sitting, standing or lying on the roof of the Equipment.
The vehicle may not be used to participate in motor sport events or vehicle tests, or to transport explosive, easily inflammable, poisonous, radioactive or otherwise dangerous substances. It is also prohibited to use the vehicle in connection with the commission of any criminal offenses. If there are doubts about how the rented vehicle will be used, we have the right to refuse to hand over the rented vehicle.
You may not paste over or remove any Adventure Wheels advertising signs, insignia, or other branded content on the vehicle.
Rental of a vehicle for use as a home-office space for your own or your employee(s)’ office activities shall not constitute use for a commercial purpose.
2. Authorized Vehicle Drivers
Vehicles may only be driven by drivers who possess a valid full and unrestricted driver license and must fulfill the minimum age of 21 years (“Authorized Drivers”). Only Authorized Drivers are permitted to drive the Equipment. All Authorized Drivers are jointly and severally liable and bound by this Agreement in regard to use of the Equipment. Each Authorized Driver expressly warrants and guarantees that by operating any of the Equipment, the Authorized Driver is competent, capable, licensed, and qualified to operate such Equipment. The vehicle must only be driven by driver(s) designated in the Rental Agreement. If an unauthorized driver drives the vehicle, that constitutes a breach of these Terms and the Rental Agreement. You shall be liable for all damage or loss caused by an unauthorized driver. Unauthorized drivers are not covered by insurance.
All authorized drivers must be named in writing in the Rental Agreement and must show their original driver licenses to the Rental Firm at the time of vehicle pick-up. Copies of licenses are not accepted. Adventure Wheels has the right to verify that any driver’s license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition of each rental.
Adventure Wheels must be told about all accompanying persons prior to the commencement of the rental period. Should there be any doubt as to the truthfulness of the purpose or the number of passengers, Adventure Wheels reserves the right not to hand over the vehicle.
Corporate customers renting a vehicle may make the vehicle available to employees as provided for in the Rental Agreement, and are responsible to ensure that the vehicle is made available only to employees who are authorized drivers.
The vehicle may not be driven by anyone whose fitness to drive may be impaired for any reason, in particular if they are under the influence of alcohol or drugs or are ill.
The Renter shall not be entitled to carry out any removal and/or modification of vehicle parts, in particular drive, brake, steering and/or body components, or to deactivate the telematics systems without Adventure Wheels’ prior written consent. In case of culpable violation, Adventure Wheels is entitled to extraordinary termination.
Ladders: The Renter is strictly prohibited from using any ladders fitted to the vehicle.
3. Prices
The total rental price is made up of the daily rental price, any additional equipment booked and the service fee. The daily rental price encompasses 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.
In addition to the daily rental price, a service fee according to the Fee Table is charged per rental. For rental vehicles in which pets are allowed, the increased service fee according to the Fee Table applies.
You are responsible for all tolls, fuel costs, parking fees, campsite fees and any other charges.
If you incur any parking tickets, speeding tickets, or other fines, fees, or charges, where Adventure Wheels incurs administrative costs in handling them, you agree that Adventure Wheels may charge you an administrative fee according to the Fee Table.
You hereby authorize Adventure Wheels to charge the card presented at the time of rental or at a later date, or that is specified in the rental agreement, all rental car costs owed under the contractual relationship, as well as all other claims relating to the Rental Agreement. In particular, you authorize Adventure Wheels to debit from the card all fees you incur for penalties, tickets, charges, and fines.
4. Booking
By sending the completed booking form, you submit a binding offer to conclude the Rental Agreement and accept these Terms.
No Rental Agreement is binding until after Adventure Wheels issues a written booking confirmation by email via the booking port https://adventurewheels.com, which was intentionally triggered by Adventure Wheels.
We reserve the right to decline entering into the Rental Agreement at any time.
The 50% down payment of the total rental price is required for a booking (including any extras and service fee), which is due within 7 days of booking (i.e., of receipt of the booking confirmation). The remainder must be received 60 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 made on time, we may use our discretion to decide when to cancel the booking.
5. Cancellation
If you cancel a binding booking, the following applies:
- Between 0 and 48 hours before the agreed start of the rental, the full total rental price including extras must be paid to Adventure Wheels. Due to the declared withdrawal, there is no claim to a value voucher (hereinafter “cancellation voucher”) or refund of payments made.
- Between 48 hours and 59 days before the agreed start of the rental period, the full total rental price including extras is payable to Adventure Wheels. However, you will receive a cancellation voucher worth 50% of the total rental price to be redeemed upon conclusion of a future rental agreement, any claim for reimbursement by the renter beyond this is excluded.
- If at least 60 days before the agreed start of the rental, the cancellation is free of charge and the renter will be refunded any payments made. However, if the total rental price was paid by the renter in whole or in part with a cancellation or gift voucher, the renter will only receive a cancellation voucher in the amount of the cancellation or gift voucher value brought in at the time of payment.
In addition to the above contractual right of cancellation, it is possible to rebook to a different rental period (“rebooking“) before the start of the rental period:
- If a rebooking results in a higher total rental price than originally agreed, the tenant must pay the difference.
- If, on the other hand, the new total rental price is lower than the originally agreed total rental price, the above cancellation conditions shall apply accordingly to the difference (“rebooking fee“):
○ Rebooking 0 hours to 48 hours before the start of the rental period: there is no entitlement to a payout or cancellation voucher for the difference.
○ Rebooking 48 hours to 59 days before the start of the rental period: issue of a cancellation voucher amounting to 50% of the difference, otherwise there is no entitlement to a payout or cancellation voucher.
○ Rebooking at least 60 days before the start of the rental period: the difference will be paid out.
The Renter is entitled to rebook several times. After a rebooking has been made, the following applies to the contractual right of cancellation and any further rebooking: The time interval between the first rebooking and the start of the rental period of the initial rental agreement permanently determines the cancellation conditions and rebooking fees (example: If the initial rental agreement is rebooked 30 days before the start of the rental period, the conditions of a cancellation / rebooking 30 days before the start of the rental period apply to the cancellation / rebooking of each subsequent rebooked rental agreement, regardless of when the cancellation / rebooking is actually declared).
Equipment already booked cannot be cancelled separately from a booking. The cost of equipment, such as bicycle racks or a camping toilet, shall not be refunded in the event of cancellation.
Early return of the rented vehicle shall not provide you with any credit, partial refund of the rental price, a cancellation voucher, or a (partial) rebooking for another hire period.
The following conditions apply to the cancellation vouchers:
- They are valid for 1 year from the date of issue. Travel start date must fall within 13 months of the cancellation date.
- After cancellation of a booking paid for with a cancellation voucher, the expiry date of the original cancellation voucher applies to the cancellation voucher subsequently issued.
- The cancellation voucher has no cash value.
- The prices and terms and conditions current at the time the booking is made apply; there is no entitlement to the original rental price or previous set of terms and conditions.
- Resale, auction, or other transfer of the cancellation vouchers is not permitted.
6. Payment Method and Deposit
At the start of the hire period, the agreed security deposit must be paid by credit card as security for the return of the vehicle in undamaged and clean condition. Without such a security deposit the vehicle shall not be handed over. A delayed down payment, delayed full payment or delayed or insufficient security deposit, entitles Adventure Wheels 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.
If the vehicle is returned in undamaged condition (ordinary wear and tear, and any damage indicated on the damage report prior to rental excepted), the security deposit shall be refunded immediately after the end of the hire period. Any blocking of the security deposit by means of a credit card shall be automatically released again. However, this shall not exempt the Renter from liability for concealed or hidden defects or damage which are discovered within 48 hours of the return of the rented vehicle.
In the event of an accident involving another driver, we shall retain or demand the security deposit until the question of guilt has been clarified beyond doubt, judicially or extrajudicially.
Additional charges or costs (e.g., special flat rate cleaning fees according to the Price List for cleaning fees, which is available at the agreed handover location) shall be invoiced 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, we shall subsequently charge you 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 we become aware of these costs.
Adventure Wheels reserves the right to withhold the corresponding additional charges or costs directly from the security deposit.
You may lodge objections to such charging, by email or other notice, within 14 days; this shall also apply to the time within which you shall provide proof that you did not cause the event triggering the costs or charges. If you fail to respond within this period, the costs shall be invoiced to you.
7. Rental Period
The rental period extends from the agreed pick-up of the vehicle to the final return. The minimum rental period is 3 nights all year round.
The vehicle must be returned by the time specified in the rental agreement.
If the rental period is exceeded, an excess fee according to the Fee Table will be charged per hour (a partial hour is charged the same as a full hour), unless you demonstrate that you are not at fault for the late return. The maximum excess fee per 24 hours of delay in returning the vehicle applies according to the Fee Table. We reserve the right to charge you for any and all damages (e.g., loss of profit, damage claims of the subsequent renter, etc.) as a result of the late return of the vehicle.
If the rental vehicle is returned before the agreed return date, the full rental price agreed in the rental agreement shall still be payable.
8. Handover and Return of Rental Vehicle
The vehicle must be returned at the agreed upon time, to the agreed return location, as specified by Adventure Wheels. If return is indicated to a location other than the location where your rental commences, you may have to pay a one-way service fee as agreed in the Rental Contract. If you return the car to a different location from the agreed return location without Adventure Wheels permission, you agree to pay an unauthorized return location fee according to the Fee Table.
On occasion, it may be that bicycle racks are mounted on the rented vehicle, even though you did not expressly request them. Adventure Wheels shall not be obligated to remove these bicycle racks.
You must return the rented vehicle at the location and time agreed in the Rental Agreement when the rental period ends. If the rented vehicle is not returned when required, and you fail to inform Adventure Wheels that you still have possession of the vehicle, Adventure Wheels may assume that you are using the rented vehicle unlawfully. Adventure Wheels reserves the right to contact the police or other relevant authorities and report the vehicle stolen. Additional fees and charges shall apply when you keep the vehicle longer than the agreed upon rental period.
Upon return of the vehicle, we will conduct an inspection. You will pay a cleaning fee according to the price list for cleaning fees (the “Price List”) (the applicable Price List for cleaning fees is available at the agreed handover location on handover) for cleaning the vehicle’s interior upon return if (a) any stains, dirt, odor, or soiling attributable to your use cannot be cleaned with our standard post-rental procedures, as determined by us in our sole discretion, or (b) the stationary toilet in the vehicle and / or mobile camping toilets or waste water tanks of the rental vehicle are not fully emptied. In the course of the inspection, new damage to the vehicle will be recorded. You are responsible for any and all new damage, greater than ordinary wear and tear, to the rented vehicle.
The rented vehicle must be returned with a full tank of fuel. You will be charged a fuel surcharge according to the Fee Table (flat rate) in the event the gas tank is not full at the time of vehicle return.
We can repossess the rented vehicle at any time in our sole discretion for reasons that include, but are not limited to the following: the rented vehicle is found illegally parked, being used to violate the law or the terms of the Rental Agreement, or appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the vehicle, including remotely disabling the engine, remotely locking the doors, tracking the location of the vehicle through GPS tracking devices and utilizing for our benefit any other devices connected to the vehicle or affecting the vehicle’s operation. If the vehicle is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the vehicle. You agree that such costs will be charged to the credit or debit card or account you used to rent the vehicle.
9. Obligation to Exercise Due Diligence and Care
You must handle the rented vehicle and Equipment with care and observe all relevant rules and regulations with respect to operating, driving, locking, parking, and maintaining the rented vehicle properly and protect it against theft. The operating instructions of the rented vehicle and those of all installed equipment on board must be strictly observed. You shall obey the rules of the road when operating the rented vehicle.
NO SMOKING OR USE OF ANY RECREATIONAL DRUGS is permitted inside the rented vehicle. Adventure Wheels reserves the right to impose an additional cleaning fee according to the price list for cleaning fees (the applicable Price List for cleaning fees is available at the agreed handover location on handover) if smoking occurs inside the rented vehicle. Pets, in particular dogs, may only be taken on campervans when being booked for a special fee. On all campervans without respective additional booking of an additional animal item (especially dogs), animals are not allowed, subject to medically accredited assistance dogs. Upon a violation of this pet rule, you shall pay for all additional cleaning costs (removal of pet hair, ozone treatment, etc.) plus the pet penalty according to the price list for cleaning fees (the applicable Price List for cleaning fees is available at the agreed handover location on handover) for the depreciation of the vehicle. Should a “dog-friendly” campervan be scratched or be particularly dirty due to having taken along a pet, we also reserve the right to charge for the respective loss in vehicle value and for any cleaning costs after the trip.
YOU ARE RESPONSIBLE FOR PROPERLY SECURING TRANSPORTED ANIMALS BEFORE THE START OF THE TRIP, E.G. BY TRANSPORT BOXES. THE RENTAL FIRM IS NOT LIABLE FOR DAMAGES CAUSED BY INADEQUATE TRANSPORT SECURING OF THE ANIMAL AND / OR LEAVING THE ANIMAL IN THE VEHICLE.
10. Repair and Maintenance
During the rental period, you must take all measures necessary to keep the rented vehicle in the condition it was in at the start of the rental. Look out for warning lights on the vehicle display and take all necessary measures in accordance with the operating instructions.
In particular, you are obligated to check oil level and cooling water levels and to carry out regular tire pressure and tire condition checks before and during the journey.
If vehicle is equipped with diesel exhaust fluid (DEF): At departure the Renter takes over a full tank of diesel exhaust fluid (DEF). You must regularly check the DEF tank and to ensure that it is properly refilled, at your expense, without delay if the warning signals flash.
You shall be liable for all damages and costs ensuing from any breach of these maintenance obligations.
Any alteration or mechanical tampering with the rented vehicle without our prior written approval is prohibited.
Repairs which become necessary in order to guarantee the operational safety or road safety of the rented vehicle may only be secured by you during the rental period with our written consent. We will bear the repair costs upon presentation of the relevant receipts, unless you are otherwise liable for the damage.
11. Insurance
In the event of accidents, loss, theft or improper operation of the rented vehicle, or in the event of any breach of contractual obligations herein, you 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 you can demonstrate that you are not at fault for the damage or loss. Additionally, you shall be liable for additional losses and costs such as any reduction in value, towing, and recovery costs, as well as expert’s fees to assess vehicle value or damages.
You are responsible for all injury, damage and loss you cause to yourself or others. You will provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. If state law requires us to provide auto liability insurance, we provide auto liability insurance (Policy) that is excess to all other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum limits set by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault, uninsured and under-insured motorist coverage and other optional protection, where permitted by law. To the extent such protection is imposed by law, that protection will be for the minimum limits required by law. The Policy is void if you breach this Agreement or fail to cooperate in a loss investigation by us or our insurer.
This is a contract for rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. We may monitor the Vehicle through telematic devices. You agree to indemnify, defend, and hold us harmless from all judgments, claims, liability, costs and attorney fees we incur resulting from or arising out of this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
Renters and Authorized Drivers are responsible for all damage or loss Renters or Authorized Drivers cause to others. Renters and Authorized Drivers agree to provide auto liability, collision, under-insured and uninsured policies, and comprehensive insurance covering Renters, Authorized Drivers, and us as a third-party beneficiary, passengers, and the Equipment in the minimum amount required by state law. Our own insurance policies shall be secondary unless otherwise prohibited by law.
Where the travelled-region’s law requires the Equipment owner to provide auto liability insurance, we shall provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy shall provide bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the legal locality travelled whose laws apply to the lass. Renters, Authorized Drivers, and we reject Personal Injury Protection, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.
Coverage is void if Renters or Authorized Drivers violate the terms of this Agreement or if Renters or Authorized Drivers fail to cooperate in any lass investigation conducted by us, or our insurer.
The Policy does not cover losses caused by drivers of the Equipment who are not Authorized Drivers.
If legal claims are asserted against you in connection with the rental vehicle or arising out of this Rental Agreement in any way, you shall give immediate notification thereof to Adventure Wheels in writing.
The Rental Firm shall indemnify the Renter in accordance with the principles of fully comprehensive insurance on the basis of the respective valid 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 per case of damage or loss according to the Fee Table. The Renter 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 fuel tank), improper use (such as driving on unpaved roads) or as a result of the load.
Please note the following with respect to the rented vehicle:
- 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 you, if you breach this obligation. These costs may exceed the value of your security deposit!
- The water system cannot be cleaned if fuel has been incorrectly filled into the water tank. It must be replaced completely. This applies to tanks, boiler, pump, taps and pipes. The costs shall be borne in full by the Renter. The Renter shall furthermore be liable for any damage to the vehicle and its accessories resulting from this. The same shall apply if the fuel tank is incorrectly filled.
You shall be fully liable for the following damage or loss:
Tire damage: Resulting costs for the towing service, the tires themselves or the fitting of the tires. The spare tire shall not be installed on the rented vehicle by you – it must be installed 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.
Winterization: The renter is fully liable for all damage caused to the vehicle by hypothermia, frost or freezing. If temperatures below freezing are expected, all pipes and water and chemical tanks must be emptied. If the temperature is not yet at or below freezing point when the vehicle is taken over, the Rental remains responsible for taking appropriate measures if temperatures are at or below freezing point during the rental period. The Rental Firm reserves the right to drain water before the start of the rental period as a precaution against possible freezing and to “winterize” the vehicle. In this case of winterization by Rental Firm, no more water may be filled into the fresh water tank and no more water connections may be used. The wet room including toilet, shower and all washbasins can then no longer be used.
Other damage: Damage caused by driving on unpaved roads, including the resulting costs such as for recovery, towing or tire damage.
Renters’ Property: Renters and Authorized Drivers release us, our agents, officers, employees, subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us from all claims for lass of, or damage to, Renters’ personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Equipment or in any service vehicle or in our offices, unless the lass or damage was caused by our sole negligence or was otherwise our responsibility expressly-agreed in writing.
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 you. You are obligated to report any ferry and any other transport damages to us in writing immediately.
The general excess fee according to the Fee Table applies. You shall be fully liable in cases of intentional breach of these contractual obligations, for damage or loss incurred in the event of operation by an unauthorized driver, use of the rental vehicle for prohibited purposes, or otherwise.
A handling fee according to the Fee Table is charged for dealing with any damage of any kind incurred during the rental 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), do so at your own risk! We do not accept any liability for damages that occur up until the official end of the rental period.
In the event of loss of the registration card, the lost registration flat rate handling fee according to the Fee Table shall apply. In the event of loss of the vehicle key, the lost key flat rate handling fee according to the Fee Table shall apply.
Renters and Authorized Drivers shall protect all passengers and the public from injury and shall protect the Equipment from damage. The Renters and Authorized Drivers shall be responsible for any injury to passengers or to the public and for any damage to property in and about the Equipment except and only if we are wholly and entirely negligent without any contribution of negligence by Renters, Authorized Drivers, or third parties.
12. Accidents and Damages
In the event of a breakdown or malfunction of the rented vehicle, please contact our hotline to clarify the course of action.
In the event of any damage to the rented vehicle during the rental period, you are obligated to immediately notify us, 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, you must complete the accident report form that can be found in the glove compartment of the vehicle. You must do so carefully and truthfully. This form can also be requested over the phone at any time or may be downloaded from the website. You may electronically send the form as a scan to info@AdventureWheels.com.
If you fail to comply with these obligations, we reserve the right to charge a contractual penalty for defective or missing damage report according to the Fee Table.
After any accident, fire, theft, or other damage, involving the rented vehicle, you must also immediately inform the local police, whether known third parties were involved or not. If you fail to report the incident or damage to the police, you shall be fully liable for any resulting economic costs, charges, fees, or damages Adventure Wheels may incur.
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 Adventure Wheels’ prior consent.
If you take or have the rented vehicle taken to a garage, you must let us know immediately about the garage, the duration, and the costs of the repair, before any repairs are administered. Repair must not commence before approval has been granted. Adventure Wheels is only liable for, and will only pay for, repair costs if the repair has been approved beforehand and only upon presentation of the respective receipts. You must provide us with the exact contact address of the garage immediately.
13. Adventure Wheels Liability; Indemnity; Waiver
Any liability of Adventure Wheels due to a breach of its obligations herein shall be limited to wrongful intent or gross negligence, including wrongful intent or gross negligence on the part of its representatives and authorized agents.
If the rented vehicle or a substitute is not available for any reason whatsoever, Adventure Wheels’ liability shall be limited to refunding all payments made.
We will use reasonable efforts to provide you with a replacement vehicle in the event of damage to the rented vehicle or if the vehicle needs garage repair during the rental period, provided that a replacement is available. Garage repair days or missed holidays due to damages that occur during a rental do not entitle you to a refund.
We are not responsible for any personal items left behind at the end of the rental period.
You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the vehicle by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses.
YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.
An express waiver in writing by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of Renters’ or Authorized Drivers’ obligations under this Agreement. Our acceptance of payment from Renters or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement.
Unless prohibited by law, Renters and Authorized Drivers release us, our agents, officers, employees, subcontractors, joint venture parties, suppliers, assigns, and third parties utilized by us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of Equipment. lf any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. Neither Renters nor Authorized Drivers may assign or transfer this Agreement, nor any rights, duties, nor obligations hereunder.
14. Toll Charges
You are responsible for any and all toll charges.
15. Privacy; Storage of Personal Data
We collect, use, process, and share personal data in accordance with our privacy policy, available at https://AdventureWheels.com/privacy-policy/.
Some vehicles may allow you to connect your personal phone or device via Bluetooth to the vehicle’s electronic system. If you choose to do so, the vehicle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle’s memory. We are not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the vehicle.
Certain vehicles may contain devices that monitor the vehicle’s condition, performance, and operation, track fuel consumption, distance travelled, location and other information (“Connected Car Data”), and may transmit such Connected Car Data to Adventure Wheels, third party providers, and/or the manufacturer. Some or all of these communications are turned on all the time, even when other services or other media in the vehicle are turned off. We cannot guarantee that a vehicle without these features will be available at the time of rental. These devices may have been installed by us, on our behalf, or by the manufacturer. If the devices are installed by the manufacturer, the manufacturer will process the Connected Car Data in accordance with its privacy notice. We do not provide the manufacturer with your personally identifiable information (“PII”), unless authorized by you, or is necessary in connection with the provision of services provided through such manufacturer, or is required by law. We may enter into agreements with manufacturers to receive some or all of the Connected Car Data collected by these devices. We may use a third party to process the Connected Car Data on our behalf. We do not provide the third-party processor with your PII, unless authorized by you, necessary in connection with the provision of services provided through such third party, or required by law.
We use these devices and the Connected Car Data for the following purposes: (i) to provide certain aspects of our services to you; (ii) to manage your rental; (iii) to enable us to better understand how our vehicles are used; (iv) to optimize our operations; (v) to assist in the handling of any liability or property damage claims; (vi) to provide roadside assistance services; (vii) to assist in the recovery of vehicles which are overdue, lost, or reported stolen; (viii) to respond to requests from law enforcement or regulatory authorities; (ix) as necessary to defend, protect or enforce our rights; (x) when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or in other circumstances in which we reasonably believe our vehicle is being used in violation of law or otherwise in the commission of a crime; and (xi) to comply with law.
16. Non-assignment Clause
The rental and the Rental Agreement is personal to you. No assignment of claims or rights under the Rental Agreement to third parties is permitted. The same applies to the assertion of other claims in one’s own name.
17. Collections
If you do not pay all amounts due to us under the Rental Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the vehicle: a) You agree to pay a late charge of 1.5% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and reasonable attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Rental Agreement, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
18. Arbitration
FOR RESIDENTS OF CALIFORNIA: NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER
You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees. Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.
Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.
The cost per day of the optional damage waiver is stated on your Rental Contract, Rental Receipt or other documents which make up the Rental Agreement.
You agree to promptly notify us of any accident in which the vehicle is involved and to assist and cooperate with us in the investigation, including any police investigation and handing of such accident or claim of liability against you or us arising out of such accident or otherwise out of your rental. You also agree to promptly advise us of any suit, claim or communication you receive, or which you know another driver of the vehicle receives, that is related to any such accident. You will report any accident or loss involving the car to the police and/or motor vehicle department, as required by local law.
Annex 1: Fee Table
| Clause | Fee | Amount USD (rental agreement in USD) |
|---|---|---|
| 3 | Service fee | $149 |
| 3 | Increased service fee | $215 |
| 3 | Administrative fee per process | $20 |
| 7 | Excess fee per hour | $99 |
| 7 | Excess fee maximum per 24 hours | $640 |
| 8 | Unauthorized return location fee | $760 |
| 8 | Fuel surcharge depending on fill level of the fuel tank at the time of return | 0% to 25% existing tank filling: $220 25% to 50% existing tank filling: $160 50% to 75% existing tank filling: $120 75% to 99% existing tank filling: $70 |
| 8 | Stationary or mobile toilet not emptied | $50 |
| 8 | Waste water not emptied | $50 |
| 11 | Damage fee per damage | dependent on the item damaged |
| 11 | Out of pocket deductibles per claim* | $2500 |
| 11 | Handling fee per damage | $55 |
| 11 | Lost registration flat rate handling fee | $250 |
| 11 | Lost key flat rate handling fee | $1200 |
| 12 | Contractual penalty for defective or missing damage report | $1200 |
The applicable Price List for cleaning fees is available at the agreed handover location on handover.
*when insurance is provided by adventure wheels