Dear Hirer,

Your contract partner is Vanergy S.a r.l., which will hand the Vehicle over to you. Therefore, upon conclusion of a contract on the booking of a campervan, the following Rental Terms and Conditions will form part of the rental contract in effect between (i) Vanergy S.a r.l. (hereinafter referred to as the ‘Rental Company’) and (ii) you, the hirer (hereinafter referred to as ‘the Hirer’) (each individually, a ‘Party’ and collectively, the Rental Company and the Hirer shall be referred to as ‘the Parties’).

Please read the following Terms and Conditions of business carefully.

1. Scope, contents of contract, jurisdiction

1.1 The following Standard Terms and Conditions of the Rental Company shall apply exclusively.

1.2 The sole subject of the contract with the Rental Company is the hiring out of the Vehicle. The Rental Company is under no obligation to provide travel services, and in particular no package of travel services.

1.3 In the event of a booking, a rental contract will arise between the Rental Company and the Hirer(s), which is exclusively governed by Luxembourg law. The Hirer will organize his journey himself and make use of the Vehicle at his own responsibility. The rental contract is limited to a specific period, as agreed to between the Parties.

1.4 All agreements between the Rental Company and the Hirer must be concluded in writing.

2. Minimum age, authorized drivers

2.1 The Hirer and any other driver must be at least 18 years old. The Hirer and any other drivers must have been in possession of a valid EU driver’s license at the time of booking. The delivery of the Vehicle requires the presentation by the Hirer and/or driver(s) of the driver’s license and a valid identification card/passport at the time of taking possession of the Vehicle. If a delay in taking possession occurs due to the non-presentation of said documents, such delay shall be at the expense of the Hirer. If such documents cannot be presented at the agreed time for taking possession, the Rental Company shall be entitled to withdraw from the contract. The cancellation provisions set forth in section 4.2 shall apply. The Rental Company or the official authorities of the country may require the presentation of an international driver’s license (for non-EU citizens).

2.2 The Vehicle may only be driven by the Hirer and the drivers named at the time of making the booking.

2.3 The Hirer is under an obligation to record the names and addresses of all drivers to whom he entrusts the Vehicle, for however short a time, and supply this information to the Rental Company on request. The Hirer bears the same responsibility for the actions of any driver to whom he supplies the Vehicle.

3. Hire charges and their calculation, rental period

3.1 The hire charges applicable are those stated in the rental agreement concluded between the Rental Company and the Hirer (the ‘Rental Agreement’). Prescribed minimum rental periods applicable during the particular travel periods are indicated here. A one-off lump-sum service charge will be made for each rental and will be stipulated in the Rental Agreement.

3.2 The included services can be found on the website under the following link: Vanergy FAQ. The relevant hire charge includes: unlimited mileage; insurance cover as described in Section 12 and the Vehicle manufacturer’s mobility guarantee. The bicycle racks are not suitable for e-bikes.

3.3 The daily rates applicable will be charged for each 24-hour period completed or commenced during the rental period. The rental period will begin when the Hirer takes possession of the Vehicle at the rental station and end when a representative of the Rental Company receives the Vehicle. If the Vehicle is returned after the time agreed in writing, the Rental Company will charge a fee according to the prices listed on the Rental Company’s website for the applicable rental period (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the Rental Company on the grounds that a Vehicle was supplied late shall be borne by the Hirer.

3.4 If the Vehicle is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid unless the Rental Company decides to make an exception, such decision being at their full discretion and the Vehicle can be hired out to someone else.

3.5 The Vehicle will be supplied with a full tank and must be returned in the same condition. Otherwise, the Rental Company will charge diesel fuel according to the current market rates in force at that time plus a fee of EUR 40. Fuel and running costs during the rental period must be borne by the Hirer.

3.6 For the avoidance of doubt, one-way rentals are not possible.

4. Reservation, rebooking, and cancellation

4.1 Reservations are only valid and legally binding after they have been confirmed by the Rental Company, as described in subsection 4.2 hereto.

4.2 To confirm the booking, a pre-payment of 50% of the rental price must be paid. After receiving the payment, a booking confirmation will be sent to the Hirer via email. Only then will the reservation become enforceable and legally binding on both Parties. If the Hirer exceeds this deadline written in the offer, the Rental Company will cease to be bound by the reservation.

4.3 Cancellation fees:

  • From the day of a confirmed booking until 60 days before the beginning of the rental period (Pick Up), cancellation will be free of charge.
  • Between 59 to 45 days before beginning of rental: 25% of the rental price
  • Between 44 to 30 days before beginning of rental: 50% of the rental price
  • Between 29 to 7 days before beginning of rental: 75% of the rental price
  • Between 7 days to 1 day before beginning of rental: 90% of the rental price
  • In case of a no-show, 100% of the rental price will be due and payable

4.4 Changes may be made to a reservation confirmed to the Hirer from the date of reservation until at least sixty days before the agreed commencement of the rental period for a fee of EUR 50 if this option is selected at the time of online booking, as long as the Rental Company has alternative capacity and the alternative booking corresponds in amount to the first. Rebooking is only possible in the same calendar year. Subsequent changes of bookings are not possible.

4.5 If the booked travel period is shortened/reduced, the above-mentioned cancellation conditions apply to the canceled nights. After the conclusion of the Rental Agreement, the Hirer is not entitled to any changes with regard to the beginning of the term of rental.

4.6 If the Rental Company cannot provide the rental Vehicle on the planned pick-up date, the Rental Company reserves the right to cancel the booking free of charge. The Rental Company shall reimburse the Hirer for any payments already made. This provision shall apply, amongst other things, in the event of delays in delivery or non-delivery of the rental Vehicle, as well as destruction of the vehicle due to force majeure, weather conditions, explosion, fire, theft, burglary, amended legal regulations or other amended regulations.

4.7 It is pointed out that there is no general statutory right of withdrawal from rental contracts.

5. Terms of payment, security deposit

5.1 The hire charge, calculated based on the booking details, must be received at least 5 business days before the commencement of the hire on the bank account of the Rental Company to be notified to the Hirer, free of any charges.

5.2 The security deposit of €1,200.00 must either be received together with the hire charge in the Rental Company’s account at the latest when the Vehicle is collected (payable by online bank transfer or in cash).

5.3 In the case of short-notice bookings (less than 20 days before hire commencement), the total hire charge will be due immediately.

5.4 The Rental Company will reimburse the security deposit after the final rental account has been settled, as long as the Vehicle is returned in good condition, as stipulated. Any charges incurred in addition to the hire charge paid in advance by the Hirer will be deducted from the security deposit when the Vehicle is returned.

5.5 If the Hirer defaults on payment, interest will be charged in accordance with the statutory regulations in force.

6. Collection, return

6.1 Before taking the wheel, the Hirer is under an obligation to take part in a detailed introduction to the Vehicle by the Rental Company’s representatives at the collection point. On that occasion, a detailed pick-up report describing the condition of the Vehicle is to be signed by both Parties. The Rental Company is entitled to refuse to hand over the Vehicle until this introduction has taken place. If the handover is delayed due to the fault of the Hirer, he must bear any costs incurred as a result.

6.2

When returning the Vehicle, the Hirer is obliged to carry out a final examination of the Vehicle together with a member of the Rental Company’s staff at the drop-off point. A return report is to be prepared and signed by the Rental Company and the Hirer. Any damage not noted in the return report but clearly existing at the time of returning the Vehicle shall be at the Hirer’s expense.

6.3 Generally, Vehicles can be collected from Monday to Friday between 17:30 p.m. and 20:30 p.m. and must be returned between 17:30 p.m. and 20:30 p.m. Off dates can be requested on Saturdays and Sundays between 09:00 a.m. and 12:00 noon.

6.4 The rental station is entitled to refuse to take back the Vehicle outside the agreed times, with any costs arising from this late return being at the Hirer’s expense. Vehicles must be returned with a clean interior and a full fuel tank. Otherwise, the Rental Company will charge the costs incurred for interior cleaning and diesel fuel.

6.5 Late return of the Vehicle will result in an extra charge according to the current fee schedule on the website. Any costs incurred as a result of claims by a subsequent hirer or any other person against the Rental Company on the grounds that a Vehicle was supplied late shall be borne by the Hirer.

7. Travel abroad

7.1 The Vehicle may only be used in the European Union.

8. Prohibited use, duty of care

8.1 The Hirer is prohibited from using the Vehicle as follows:

  • for any type of racing or speed testing
  • for the transport of hazardous substances, toxic, flammable or otherwise dangerous materials, radio-active materials, contraband or any other substances prohibited by law
  • for the subletting or re-letting of the Vehicle
  • for use by persons under the influence of alcohol, drugs, hallucinatory substances or other substances impairing their ability to drive
  • for the transportation of live animals
  • to transport items which by their nature or smell could impair the Vehicle’s ability to be hired out again immediately after the Vehicle’s return
  • for any unlawful purposes, including the unauthorized crossing of borders
  • for the purpose of commercial passenger transport
  • for off-road purposes

8.2 The Vehicle must be treated carefully and appropriately and always be properly locked. The regulations and technical rules applicable to its use must be observed, as must maintenance requirements, and appropriate care must be shown.

8.3 All vehicles are non-smoking vehicles. Pets are only allowed by prior arrangement and for an extra fee.

9. What to do in the event of an accident

9.1 The Hirer must inform the police immediately after an accident or fire, theft, or damage caused by wild animals. Claims of the other party involved in the accident must not be accepted.

9.2 Even in the case of very minor damage, the Hirer must prepare a detailed written report for the Rental Company, including a sketch. If the Hirer fails to prepare the report – for whatever reason – and if, as a result, the insurance company refuses to pay compensation, the Hirer shall be obliged to pay the full amount of the damage.

9.3 The accident report must be handed to the Rental Company, fully completed and signed, when the Vehicle is returned at the latest. The report must particularly include the names and addresses of any persons involved and any witnesses, together with the license numbers of any vehicles involved.

10. Defects in the vehicle

10.1 Any claims to compensation by the Hirer on the basis of defects for which the Rental Company is not responsible are hereby excluded.

11. Repairs, substitute vehicle

11.1 Repairs which are necessary in order to maintain the Vehicle in a good working and roadworthy condition during the rental period may be ordered by the Hirer without consultation up to an amount of EUR 150. Repairs going beyond this may only be ordered with the consent of the Rental Company.

11.2 The Rental Company will bear repair costs on presentation of the appropriate original receipts and provided the Hirer is not responsible for the damage under the terms of section 12 below. This does not apply to tire damage.

11.3 If a defect for which the Rental Company is responsible makes the Vehicle unfit for use, or if it is foreseeable that such a defect will impede the Vehicle for an unreasonably long time, the Rental Company shall, wherever possible, provide a substitute Vehicle of a similar size and standard. If the Rental Company provides a substitute Vehicle, any rental periods shall be adjusted in the event of an unavoidable delay to the Hirer receiving the Vehicle.

12. Insurance

12.1 The hire charge includes insurance cover with an excess of EUR 1,200.00 per case of damage, to be borne by the Hirer.

12.2 The insurance covers: liability insurance (EUR 100 million) and comprehensive cover (in the event of fire, theft, and damage).

13. Hirer’s liability, insurance

13.1 In accordance with the principles of a comprehensive motor insurance policy, the Hirer shall be liable for any damage to the Vehicle (subject to an excess of EUR 1,200.00 per case of damage, to be borne by the Hirer).

13.2 The Hirer shall be particularly liable for the following damage:

  • any damage caused as a result of ignoring dimensions (height, width, length) of the Vehicle
  • damage to the awning (the Hirer is fully liable up to the amount of damage)
  • damage caused by reversing without a second person giving instructions
  • filling the Vehicle with the wrong fuel (the Hirer is fully liable up to the amount of damage)
  • damage to installations, such as the sunshade, canopy, bike rack or roof

13.3 If damage for which the Hirer is responsible occurs, the Hirer shall also be liable for the following costs, among others:

  • Reduction in value
  • Expert fees
  • Towing costs
  • Recovery costs
  • Loss of rental income for the Rental Company
  • Administration fee

13.4 The Hirer is fully liable for any violations of legal obligations, such as parking violations, speeding, etc. occurring during the rental period.

14. Termination

14.1 The Rental Company is entitled to terminate the Rental Agreement without notice for good cause. In particular, good cause shall be deemed to exist if the Hirer:

  • uses the Vehicle for prohibited purposes
  • transfers the Vehicle to an unauthorized driver
  • causes a delay in payment for more than 10 days
  • deliberately provides false information about his/her creditworthiness

14.2 The Hirer is entitled to terminate the Rental Agreement without notice if the Vehicle cannot be used due to the Rental Company’s fault.

15. Miscellaneous

15.1 All agreements between the Rental Company and the Hirer must be in writing. This also applies to any waiver of the written form requirement.

15.2 Should any individual provision of these Terms and Conditions be or become void or ineffective, the validity of the remaining provisions shall not be affected.

15.3 The rental agreement is governed by Luxembourg law. The place of jurisdiction is the Rental Company’s registered office, provided the Hirer does not have a general place of jurisdiction in Luxembourg or if the Hirer is a business person or has moved his/her residence abroad after the conclusion of the agreement.

16. Privacy Policy

16.1 The Rental Company will only collect, process, and use the Hirer’s personal data in accordance with Luxembourg’s data protection laws.

16.2 The Rental Company will collect, process, and use the Hirer’s data only as far as it is necessary for the establishment, performance, or termination of the rental agreement, as well as for customer care purposes.

16.3 The Hirer has the right to request information about the data stored by the Rental Company, to demand the correction of incorrect data, and to request the deletion of data that is no longer necessary. The Hirer may contact the Rental Company’s data protection officer at any time.

These Terms and Conditions shall come into effect on the date of their publication (March 2022) and replace any previous terms and conditions.

With kind regards,

Vanergy S.a r.l.