Rental company (the "lessor"):

Voyages Emile Weber s.à.r.l.

15, rue d’Oetrange

L-5411 Canach

Phone: (+352) 20 35 10 51

VAT no.: LU 11593456

Luxembourg Business Register: B16639

1. Subject of the contract

1.1 The rental agreement obliges the lessor to provide the lessee with a vehicle for the duration specified in the rental agreement, in accordance with the terms of use. The lessee is obliged to pay a rental fee as well as all other costs incurred during/through the use of the vehicle.

1.2 When handing over and returning the vehicle, the lessor and the lessee together create a handover report of the vehicle, which is part of the contract.

2. Booking and payment methods

2.1 Reservations can be made online, by telephone or by e-mail. In the case of a telephone or e-mail booking, the lessee first receives a written offer by e-mail, which must be confirmed within 48 hours. If this is not the case, the offer is cancelled. By confirming the reservation by concluding a contract (= confirmation), the lessee agrees to the General Terms and Conditions of the rental.

2.2 The reservation is binding only after receipt of the written confirmation by the lessor.

2.3 A deposit in the amount of €200 is due upon conclusion of the contract, but no later than seven (7) days after return of the written confirmation by the lessee to the lessor. The balance must be paid no later than 60 days before the start of the rental. The lessor reserves the right to withdraw from the contract and to charge cancellation fees in accordance with point 8 in the event of non-compliance with the aforementioned deadlines after sending a payment notification and after expiry of a reasonable period of time.

2.4 If the reservation is made less than 60 days before the start of the rental, the entire rental amount must be paid immediately.

2.5 All agreements, ancillary agreements and special requests requested by the lessee in the order must be agreed in writing, otherwise they shall have no binding effect. In the event of contradictions between the order and the booking confirmation, the content of the booking confirmation shall prevail.

3. Price

3.1 The rental price corresponds to the amount specified in the rental agreement, which depends on the category of the vehicle, the selected rental period and the additional packages and options. The rental price covers the insurance specified in point 11 as well as the maintenance costs resulting from normal/fiduciary use of the vehicle.

3.2 All additional costs/expenses in connection with the rental of the vehicle which are not included in the total rental price, in particular fuel costs as well as toll, parking and camping fees, shall be paid by the lessee. Any costs incurred as a result of fines, penalties or legal proceedings must also be paid by the lessee.

4. Changes to the reservation after confirmation

4.1 After preservation of the confirmation, changes requested by the lessee are only possible with the express consent of the lessor. If the rental period is changed, the reservation is regarded as a cancellation and new reservation. In this respect, the cancellation conditions explained under point 8.1. apply.

4.2 If the lessor is obliged to make changes due to circumstances of any kind, the lessor must inform the lessee. These circumstances must seem acceptable for the lessee.

5. Services guaranteed by the lessor

5.1 The lessor shall only provide the services expressly stated in the confirmation. This service includes the provision of the booked or higher vehicle category. The model of the vehicle is not binding. This can be replaced by a similar model in the same booking category.

5.2 Any other services other than those included in the offer, or the confirmation, are not guaranteed by the lessor.

6. Handover/return of the vehicle

6.1 The handover and return of the vehicle occurs at the lessor’s premises at the time specified in the rental agreement.

6.2 At the time of handover of the vehicle, the lessee is required to present his identity card and driving license, which must be valid for the vehicle as well as for the duration of the rental. If this is not the case, the lessor is entitled to refuse to provide the vehicle. These documents must be presented in their original form. Copies are not permitted.

6.3 The vehicle can be collected from 9 am (Early Pick up) on the first rental day and only by appointment. The vehicle is washed, cleaned and filled with fuel.

6.4 The lessor and the lessee shall draw up a handover report of the vehicle in which any damage to the vehicle and the inventory of the vehicle is pointed out. This report is signed by both the lessor and the lessee and is part of the rental agreement.

6.5 The lessee returns the vehicle in the condition determined in the handover report, otherwise fees will be charged in accordance with point 11 and point 12. The lessee ensures on return that the vehicle is in a clean condition and that the tank of the vehicle is full. Otherwise, the lessor is entitled to charge the fees incurred by charge for cleaning and refuelling. The vehicle toilet must also be emptied and cleaned before the vehicle is returned. If the toilet is not cleaned, the lessee will be charged a fee of €75.

6.6 All damages to the vehicle, the inventory of the vehicle or the additional packages and options determined at the time of return shall be borne by the lessee. This applies also to missing inventory of the vehicle or the additionally booked packages and options. The burden of proof that the damage resp. missing is not due to the behavior of the lessee lies with the lessee.

6.7 If the vehicle is returned outside office hours, the handover report will be completed by the lessor on the first working day after the vehicle is returned. In this case, the lessee shall drop the key of the vehicle into a designated key box on the premises of the lessor.

6.8 If the lessee does not return the vehicle at the time agreed in the rental agreement, the lessor is entitled to require a usage fee equal to the agreed rental price for the retention period exceeding the contract period. In addition, the lessor can assert claims for damages against the lessee.

6.9 An extension of the rental period is only possible with the express written consent of the lessor. The right to use the rental vehicle only extends to the period of use agreed in the rental agreement. Further use after the end of the rental period does not lead to an extension of the rental agreement.

6.10 The return of the vehicle before the end of the agreed rental period does not lead to a reduction in the rent agreed in the rental agreement.

7. Obligations of the lessee

7.1 The vehicle may - except in urgent cases - only be driven by the lessee himself or by the driver(s) specified in the rental agreement. In case of additional drivers, the lessee is obliged the day of handover to inform the lessor of their exact names and addresses and present their original identity card and driving licences. The lessee must ensure that the other drivers can operate the vehicle and that no driving bans are imposed on them. Independent of the age, the driver must have been in possession of a valid B driving licence for at least 6 months. This applies to all drivers who drive the vehicle during the rental period.

7.2 The use of the vehicle is limited to the private use of a vehicle, which is considered as “normal”. In this respect, commercial use, subletting or use for removal purposes is prohibited.

7.3 The transport of pets is strictly prohibited in the vehicle. However, the lessee has the right to take a dog with him in a dog-friendly labelled vehicle for an additional fee of €150. If a vehicle labelled as dog-friendly is soiled/scratched by the dog, the lessor has the right to charge the lessee for the resulting damage.

7.4 Travelling within the member states of the European Union, the European Free Trade Association, the United Kingdom and Andorra is permitted within the framework of the rental of the vehicle, unless otherwise provided in the rental agreement. This also applies to travel to Albania, Bosnia and Herzegovina, Kosovo, Monaco, North Macedonia, San Marino and Serbia. When travelling to countries not listed, the lessee must obtain the prior written consent of the lessor.

7.5 The lessee is obliged to independently inform himself about the formalities of the countries travelled to and to adapt to them. This applies to: Passport, visa, foreign currency, customs, health regulations, vignettes, toll systems. The lessor takes no responsibility in this respect.

7.6 In the event of damage or an accident, the lessee is obliged to contact the lessor immediately. The lessor informs the lessee about the next steps and leads him to a partner garage to repair the vehicle. The lessee is not entitled to make himself repairs or modifications to the vehicle without the express written consent of the lessor.

7.7 Smoking is strictly prohibited in any rental vehicle. If the ban on smoking is not observed in the rented vehicle, €500 will be charged to compensate for nuisance and for professional cleaning of traces of smoke.

7.8 The removal/overstickering of the advertising stickers affixed to the rental vehicle is not permitted except with the written consent of the lessor (e.g. in the case of co-branding). In the event of failure to comply with this provision, the costs of re-sticking the advertisement will be charged.

8. Cancellation by the lessee - no-show of the lessee

8.1 The lessor has the right to charge a one-time processing fee of €30 per booking to the lessee in the event of even a partial cancellation by the lessee. In the event of cancellation before the start of the rental period, the lessee is obliged to pay compensation, considering the time of cancellation, from the total price:

Up to 60 days before the start of the lease: €30
59 to 45 days: 25%
44 to 30 days: 50%
29 to 8 days: 75%
7 to 1 day(s): 90%
In the event of non-appearance, invalid identification documents or unfitness of the driver to drive: 100%

8.2 The cancellation fees also apply to cancellations of additional packages and options.

8.3 When calculating the compensation, the date of receipt of the cancellation by the lessor is considered. Cancellation by the lessee must be done in writing.

8.4 In case of booking the Flex-Option at the time of conclusion of the rental agreement, the lessee is, in the event of cancellation up to 48 hours before the start of the rental period, allowed to rebook free of charge or receive a voucher for the amount of the rental price for a later booking. If the rebooking results in higher total costs, the difference must be paid by the lessee. In case of lower total costs, the lessor issues the lessee with a voucher for the difference.

9. Cancellation by the lessor

9.1 The lessor has the right to terminate the rental agreement immediately if the lessee or one of his companions after the handover of the vehicle, even after a reminder, significantly disrupts the agreed contractual conditions, shows a manner of conduct, which makes a continuation of the rental agreement unacceptable for the lessor and/or the other parties involved, or if the lessee/companion does not adhere to objectively justified rules. In this case, the lessor has the right to terminate the rental agreement and to demand the immediate return of the rental vehicle to his premises, while respecting his right to payment of the total price specified in the rental agreement, without prejudice to the right to compensation.

9.2 The lessor reserves the right to terminate the contract before the handover of the vehicle. If the cancellation is not due to a fault of the lessee, all payments already made in direct connection with the order will be refunded to the lessee after cancellation of the contract.

10. Cancellation due to a force majeure event

10.1 If one of the contract’s essential services cannot be executed by the lessor before start of the rental following an event of external nature, the lessee, who has been duly informed of this, has the right to withdraw from the contract within seven (7) days. Alternatively, the lessee may opt for a substitute service of equal or higher value offered by the lessor at no extra charge. If the lessee cancels the contract, all amounts already paid will be refunded without any extra charge within a month. The lessee is entitled to a refund of the price difference if the replacement service is of lesser quality.

11. Insurance

11.1 The rental price includes a liability- and fully comprehensive insurance with an excess of €1,200 (€200 with carefree package) for the vehicle. The excess applies per damage. The insurance does not cover interior and tyre damages, any damage to the awning and pop-up roof, windscreen and vehicle underfloor damage as well as any damage resulting from incorrect fueling (fuel, oil and water tank), improper usage or the loss of keys. The costs incurred in this respect must be borne in full by the lessee.

11.2 When booking the carefree package, the following damage is also covered by the insurance: damage to the interior, tyres, awning and pop-up roof, windscreen and vehicle underfloor.

11.3 The lessee is fully responsible for the intentional violation of his contractual obligations. This includes, among other things, damage to the rental vehicle by an unauthorised driver and the use of the vehicle for prohibited purposes.

11.4 In the event of theft, fire, damage caused by game or accident, the lessee is obliged to inform the local police. If the incident is not reported to the police, the lessee is liable for the resulting costs. The lessee is also obliged to contact the lessor in this respect, to get information about the next steps.

11.5 In the event of an accident or breakdown not caused by the lessee, where further travel is not possible, the lessor reserves the right either to have the vehicle repaired within a reasonable period or replaced with an equivalent or higher-value vehicle. If it is not possible to repair or replace the vehicle within a reasonable period, the lessee is entitled to a refund for the remaining rental days. Additionally, the lessor will cover the costs for the return transportation of the lessee and his companions in this case. The coverage of return transportation costs expressly applies only to persons. Any additional costs incurred during the return transportation due to medical or personal reasons or because of pets, must be borne by the lessee. If the lessee declines the return transportation option offered by the lessor, the lessee must arrange the return transportation himself and bear the full costs incurred for the return. 
In the event of an accident or breakdown caused fully or partially by the lessee, where further travel is not possible, the lessor reserves the right to have the vehicle repaired within a reasonable period or replaced with an equivalent or higher-value vehicle. Any costs for repairs, replacement and return of the vehicle that are not covered by insurance must be borne by the lessee. Additionally, the lessee is responsible for the costs of his own return transportation and those of any companions. Furthermore, the lessee is not entitled to a refund for the remaining rental days. 
In principle, the lessee is not entitled to compensation or a rental reduction in the event of an accident or breakdown.

11.6 The early return of the rental vehicle to the lessor's premises is at the lessee’s own risk. The lessor is not liable for any damage incurred up to the agreed end of the rental period.

11.7 Personal belongings of the lessee are not covered by the insurance of the lessor. This also applies to the theft of bicycles on the bicycle carrier.

11.8 If the private vehicle is parked on the lessor's property during the rental period, the lessor accepts no liability in the event of theft or other damage.

12. Warranty deposit

12.1 The lessee must provide the lessor with a security deposit of €1,200 (€200 with carefree package) when taking over the vehicle, which can be paid in cash or by bank card.

12.2 In the event of refusal/non-payment of the deposit, the lessor is entitled to refuse the handover of the rental vehicle.

12.3 Upon return of the rental vehicle in accordance with the rental agreement and without detection of defects to or in the vehicle, the lessor will refund the entire deposit to the lessee. Any additional expenses/costs related to the use of the vehicle (damage, deterioration, fuel costs, fines, etc.) will be deducted from the deposit shown under point 12 upon the return of the vehicle. The lessor reserves the right to retain the deposit until he has certainty on the total amount of costs.

13. Geolocation of the vehicles

13.1 The lessee expressly agrees that the rental vehicle is equipped with a geolocation system. This system enables the recording of the travelled speeds, distances, operating data and position of the vehicle. All data is kept strictly confidential and in accordance with the provisions of point 14 of these General Terms and Conditions.

14. Processing of personal data

14.1 Any contract between the lessor and the lessee may include the collection of personal data of the lessee, the processing of which is necessary for the performance of the contract and/or the fulfilment of legal obligations. In such cases, the data may be processed, stored and archived by the lessor or even passed on to third parties or subcontractors. Any transfer of personal data is carried out in accordance with Luxembourg law and the law of the European Union, in particular the General Regulation on the Protection of Personal Data (No 679/2016/EU).

14.2 Unless otherwise stated, this information includes the name of the lessee or his/her representative(s) (if it is a legal person), a correspondence postal address, a billing address, an e-mail address and a phone number. However, if this is necessary for the performance of the contract, the information to be transmitted by the lessee may be more extensive.

14.3 Access to this data is secured. The lessor shall inform the lessee of any violation of his rights in accordance with the provisions of this point.

14.4 The lessee declares that he has been informed that, on the one hand, in accordance with the legislation applicable in the Grand Duchy of Luxembourg on the processing of personal data, he shall have access at any time to the personal data concerning him and its rectification. On the other hand, the lessee has the right to refuse the processing of his data, with the consequence that the lessor then reserves the right to refuse the conclusion of the contract with the lessee, if this data is necessary for the performance of this contract.

14.5 The data may be stored for the entire term of the contract and for ten (10) years after the expiration of the contract, without prejudice to any limitation periods and legal/regulatory requirements that prescribe a longer retention period.

15. Limitation period for complaints

15.1 Complaints about insufficient services - except for personal injury - must be submitted by the lessee within thirty (30) days (the postmark applies) after the contractually agreed return of the rental vehicle to the lessor. Upon proof of a justified extension, the lessee may be granted a longer period.

15.2 The right of the lessee according to point 15.1. to complain - except for personal injury - usually expires one year after the end of the lease.

16. Final provision

16.1 The lessor reserves the right to modify these General Terms and Conditions. Changes can only be opposed to the lessee if the lessee has been informed in writing before the conclusion of the lease.

17. Applicable law

17.1 Luxembourg law applies to these General Terms and Conditions and to the rental agreements concluded.

18. Dispute Resolution

18.1 Disputes arising from these General Terms and Conditions or the validity, interpretation, implementation or termination of the rental agreement concluded between the lessor and the lessee are subject to the Mediation Regulation of the Centre de Médiation Civile et Commerciale (CMCC) in Luxembourg, to which the parties in this case accede by signing a mediation agreement pursuant to Articles 1251-9 of the new Code of Civil Procedure.

18.2 Pursuant to Article 1251-9 of the new Code of Civil Procedure, the signing of the mediation agreement suspends the limitation period of the tenancy during mediation.

18.3 The obligation to settle disputes through mediation provided for in these General Terms and Conditions shall be deemed to have been fulfilled and the mediation shall be deemed to have ended within the meaning of Article 1251-5 paragraph 2 sentence 3 of the new Code of Civil Procedure, if, at the end of the first hearing before the mediator, the parties or one of them decides not to continue their settlement of the dispute through mediation.

18.4 If a mediation under the Mediation Regulation of the Centre de Médiation Civile et Commerciale (CMCC) in Luxembourg cannot settle a dispute between the lessor and the lessee, the courts of the Grand Duchy of Luxembourg will have exclusive jurisdiction to deal with and resolve this dispute.