In the event of accidents, loss, theft, or improper operation of the rental vehicle (e.g., by driving on unpaved roads, festival grounds, or unpaved parking areas), or breach of contractual duties of care, the tenant shall be liable for repair costs as well as consequential damages, including depreciation, towing and recovery costs, and expert assessment fees.
In the case of total loss, the lessee is responsible for the replacement value of the rental vehicle minus its residual value, provided the damage is attributable to the lessee. If the damage cannot be attributed to the lessee or the driver, the lessee is exempt from liability.
The rental vehicle is insured for third-party liability and comprehensive coverage, with the liability insurance providing coverage of up to €100 million. FreeVenture is authorized to assert or defend damage claims on behalf of the lessee and to make all necessary declarations at its reasonable discretion.
If extrajudicial or judicial claims are made against the lessee in connection with the rental agreement, the lessee must notify FreeVenture immediately upon becoming aware of such claims.
FreeVenture grants the lessee comprehensive insurance in accordance with the guidelines of the currently applicable model terms of the General Conditions for Motor Vehicle Insurance (AKB), with a deductible and a processing fee of €29 per claim for damages calculated up to €500, €49 per claim for damages calculated up to €1,000, and a processing fee of €99 for damage amounts exceeding €1,000.
The limitation of liability covers only damages caused by an accident. This means the damage must result from an external event and be caused by mechanical force. Operational damages or damages caused by structural breakage do not qualify as accident damage. Damages between the towing and towed vehicles or trailers, without external influence, are also excluded from accident damages.
Damages are particularly excluded from the liability waiver if they result from gear-shifting errors, incorrect refueling (e.g., filling the tank with water instead of diesel), improper use (e.g., driving on unpaved roads), or the transported cargo.
Damages caused by user errors are also not covered by the liability waiver. This includes damages to the awning, the interior of the rental vehicle, or the pop-up roof with rooftop tent.
The following precautions must be observed:
- Extending the awning during strong winds or rain is prohibited, as is leaving it unattended while extended. In case of violation and damage or destruction of the awning, the lessee must cover the cost of a replacement awning plus installation. These costs may exceed the deposit amount.
- The water system cannot be cleaned if the tank is filled incorrectly with diesel fuel. Instead, the entire system, including tanks, boiler, pump, faucets, and lines, must be replaced. All related costs are fully borne by the lessee, including any resulting damages to the rental vehicle or accessories. The same applies in the event of incorrect refueling of the diesel tank.
Regardless of fault, the lessee is fully liable for the following damages:
- Tire damage: Costs for towing services, repairs, or replacement, including mounting, must be borne by the lessee. The spare tire on the rental vehicle may only be installed by a towing or roadside assistance service.
- Windshield damage: Depending on the size and location, chips in the windshield will either be repaired or the windshield replaced.
- Interior damage: Any damage to the interior of the vehicle is the lessee's responsibility.
- Other damages: Driving on unpaved roads may result in damages requiring recovery, towing, or tire repairs. Such damages are not covered by Advanced or Premium packages (Section 16).
Damages incurred during the use of the vehicle on ferries or car trains are not covered by the protection package. The lessee must bear all costs for damages occurring on these transport vehicles and must report ferry-related or transport damages to FreeVenture.
The deductible is €2,500 plus statutory VAT per damage case for all drivers. This excludes liability claims under a motor vehicle liability policy unless otherwise agreed between the parties. For such liability claims, the deductible is waived.
The lessee as well as the drivers included within the scope of the limitation of liability shall be jointly and severally liable per damage event up to the amount of the agreed deductible. Liability insurance coverage does not apply if the lessee bears full responsibility (e.g., hit-and-run).
The lessee can reduce the deductible amounts by purchasing an additional package offered by FreeVenture under the “Service” section on its website.
In all other respects, the lessee is liable for damages caused by them based on general legal principles, unless otherwise specified in these terms and conditions. If the lessee causes damage to a rented vehicle that requires partial repainting, the lessee must pay a surcharge of 15% on the net cost of the partial repainting to compensate for the potential depreciation caused by partial repainting (e.g., potential future color deviations). The replacement for depreciation may be higher or lower if FreeVenture proves greater damage or the lessee proves lesser or no damage.
The claim for liability exemption lapses if the damage was caused intentionally, particularly through the use of the rental vehicle by an unauthorized driver or for purposes not covered by the contract. In cases of gross negligence, FreeVenture is entitled to proportionally reduce the liability waiver based on the severity of the negligence. Such a reduction may also apply if the lessee or driver intentionally or negligently breaches their obligations (e.g., notification and documentation of damages) under these terms and conditions. The lessee bears the burden of proof for the absence of gross negligence in the event of a breach of obligation. Notwithstanding the above, FreeVenture remains fully obligated to provide liability exemption if the breach of obligation has no impact on the liability waiver event, its determination, or the extent of the liability waiver obligation, except in cases of fraudulent conduct, including unauthorized repairs. The liability waiver under this section applies only during the rental period.
The lessee shall otherwise be liable in accordance with the applicable statutory provisions.
FreeVenture calculates and settles damages either on the basis of cost estimates from a German authorized repair workshop or by using standard damage assessment software (SilverDAT) through its own qualified personnel. For the processing carried out by FreeVenture of any damage arising during the rental period, a processing fee of €29, €49, or €99 will be charged (see paragraph 15).
For the loss of the vehicle registration certificate, the lessee will be charged a processing fee of €200. In the event of loss of the keys, the lessee will be charged an increased processing fee of €500–750.
Damages caused by negligent behavior of the lessee while using the rental vehicle are not covered by the offered protection packages and shall be borne by the lessee. Negligence exists in particular when the lessee fails to observe the care required in traffic and when using the vehicle, thereby causing damage.
This includes, among others, but is not limited to:
burn holes, melting or indentation damage to furniture, worktops, table surfaces, floor coverings, or upholstery, particularly caused by hot pans, pots, or other heat sources
damage caused by improper load securing and damage caused by unsecured or falling luggage or equipment
loss or damage of vehicle accessories and equipment
contamination or damage to mattresses caused by wine, blood, or oil stains
damage caused by pets left unattended in the camper, particularly bite or tear damage to upholstery, paneling, or equipment components
These damages are not considered accident damage and must be compensated by the lessee in full.