General Terms & Conditions
 
General Terms & Conditions
These General Terms and Conditions (GTC) govern all driving programs and self-drive tours provided by Y.S. Service GmbH (Rent4Group) (the Company). By booking and/or participating in our driving programs and self-drive tours, the participant (hereinafter referred to as “the Participant”) agrees to the following terms and conditions. Any deviations from these terms require explicit written agreement from the Company. These GTC form an integral part of the program agreement between the Company and the Participant.
Age & License Requirements
- Minimum Age: All drivers must be at least 22 years old. The Company will not allow anyone under 22 to participate or drive under any circumstances.
- Young Driver Surcharge: Drivers aged 22–25 (inclusive) are subject to a young-driver surcharge, applied due to higher insurance risk. The exact fee will be communicated at the time of booking and must be paid as part of the program fees.
- Valid Driver’s License: The Participant and any additional drivers must hold a valid driving license appropriate for the class of vehicle provided. For EU residents, a valid EU driver’s license is required. Non-EU/international drivers must present a valid national license plus an International Driving Permit (IDP) if the national license is not in English or easily recognizable. All licenses must be valid for the entire program duration. The Participant is responsible for ensuring each driver has held a license for any legally required minimum period and carries the physical license (and IDP if needed) at vehicle handover.
- Driver Identity Verification: The Company reserves the right to verify age and license validity at the start of the program (e.g., by checking passports or ID cards). If the Participant or any proposed driver does not meet the age or license requirements, the Company may refuse to release the vehicle, and the booking may be treated as a cancellation (subject to the Cancellation Policy below).
Booking, Deposit, and Payment
- Booking Confirmation & Deposit: To confirm a reservation, the Participant must pay a booking deposit equal to 25% of the total program or tour price. This deposit is required at the time of booking; the reservation is not guaranteed until the deposit is received.
- Payment of Balance: The remaining 75% of the program/tour price is due no later than 30 days before the start date of the program or self-drive tour. For bookings made less than 30 days before the start, full payment (100%) is due immediately at booking.
- Accepted Payment Methods: Payments can be made via approved methods (e.g., bank transfer, credit card, etc.). All prices and payments are in EUR unless stated otherwise. Any bank fees or international transfer charges are the responsibility of the Participant.
- Security Deposit: In addition to the program fee, the Participant must provide a security deposit of €2,500 (flat rate) per vehicle. This deposit is due before or at vehicle pick-up (typically via credit-card hold or bank transfer). The deposit is held as security for any unpaid charges, late return, fuel shortage, or other obligations incurred during the program. No vehicle will be released to the Participant until the full security deposit has been received.
- Refund of Deposit: If no damage or additional charges apply, the security deposit will be refunded in full after the vehicle is returned and inspected. Refunds are typically processed 5–10 business days after program end, depending on payment method. In case of damage or other charges, the Company may deduct the appropriate amounts from the deposit before refunding the balance (see Insurance and Liability for details).
- Non-Payment: If the Participant fails to pay the deposit or balance by the due dates, the Company may cancel the booking. In such cases, the Cancellation Policy (below) will determine any refund due. The Company will attempt to remind the Participant of upcoming payments, but the Participant is ultimately responsible for timely payment.
- Additional charges:
- Late return, of more than 2 hours and less than 5 hours, will add 50% of the additional daily charge.
- Each additional kilometer beyond the included kilometers will be charged at EUR 1.50 per kilometer.
- More than 5 hours will be considered as an additional day.
- Return fee: 200 EUR plus 2.20 per km.
- Special cleaning: EUR 120
- Loss of key: EUR 550
- Pricing and Taxes: All program rates, fees, and charges (including applicable taxes like VAT) will be communicated in advance. Any surcharges (e.g., young-driver surcharge, cross-border fee, additional equipment, etc.) will be added to the total price. The Participant will receive an invoice or receipt detailing all costs.
Cancellation and Refunds
- Cancellation by Participant: The Participant may cancel their reservation at any time before the program or tour begins by providing written notice to the Company (e.g., email). The effective date of cancellation is when notice is received. Refunds are issued as follows:
- 30+ days prior: Full refund of all payments (including the 25% deposit).
- 11–29 days prior: 50% refund of total program price (Company retains 50% as a late cancellation fee). If only the 25% deposit has been paid, it is forfeited, and no further payment is required.
- 10 days prior: No refund; the company retains 100% of the program price to cover costs.
- No-Show: If the Participant fails to show up on the start date without prior cancellation notice, it is treated as a "10 days prior" cancellation (no refund).
- Partial Utilization: Once the program or tour has started, if the Participant terminates early (e.g., returning the car before the agreed return date or leaving a tour in progress), no pro-rated refund is given for the unused portion of the program or tour.
- Cancellation by Company: Rarely, the Company may have to cancel a reservation (e.g., vehicle unavailable, force majeure). In such cases, the Company will notify the Participant promptly and offer either a full refund of all monies paid or a suitable alternative (rescheduled date or comparable vehicle/tour). The Participant may choose a refund if alternatives are unacceptable. This is the sole remedy for a Company-initiated cancellation; the Company is not liable for additional compensation (except where required by law).
- Refund Process: Refunds are made to the original payment method when possible. The Participant is responsible for providing the correct account details if needed. Processing times vary; the Company will endeavor to issue refunds promptly, but actual crediting depends on bank/card processes.
- Travel Insurance: The Company strongly recommends that Participants obtain travel insurance covering trip cancellations or interruptions, which can provide recourse if cancellation is needed beyond the above terms.
Cross-Border Travel
- Advance Approval Required: Cross-border travel with the vehicle (taking the vehicle outside the country of origin or agreed travel area) is permitted only with the Company’s prior written consent. The Participant must disclose any intent to drive the vehicle across national borders at booking (or well in advance of the start). The Company will, if allowed, provide written approval specifying which countries may be visited.
- Permitted Countries: Unless agreed in writing, international travel is limited to continental Europe (EU member states and certain neighboring countries such as Switzerland, Norway, etc.). Travel to any war-afflicted or sanctioned country, or outside Europe (e.g., overseas shipping), is strictly prohibited. The Company will inform the Participant of any country restrictions based on insurance or other considerations. The Participant must adhere to the list of permitted countries in the approval.
- Cross-Border Fee: An additional cross-border fee applies for approved international travel. This fee covers extra insurance and admin costs for taking the vehicle out of its home country. The fee amount will be communicated and must be paid as part of the program fees (usually with booking or before departure). Cross-border fees are charged per program (not per country or crossing) unless specified otherwise.
- Insurance Considerations: Insurance coverage may be limited by territory. The Company’s vehicle insurance (see Insurance section) is generally valid throughout the EU and specified countries; if the Participant drives the vehicle to non-approved countries, insurance may be void. Driving in non-permitted countries is a material breach of this agreement (see Use Restrictions and Termination), and all liability will fall on the Participant for any damage, loss, or incident outside the permitted area.
- Required Documentation: If cross-border travel is approved, the Company will provide necessary documents (e.g., international insurance certificate/Green Card, authorization letter) confirming permission to travel across borders. The Participant should carry these documents at all times when driving internationally, as authorities may require proof of permission and insurance. The Participant is responsible for any customs requirements, road tolls, vignettes, or mandatory equipment (e.g., safety vests, warning triangles) required by law in countries visited.
- Responsibility for International Incidents: The Participant is fully responsible for any tolls, road fees, parking charges, fines, or legal infractions incurred abroad. The Participant indemnifies the Company for any penalties or costs (plus reasonable admin fees) related to such infractions. If the vehicle is confiscated by authorities due to the Participant’s violation (e.g., unauthorized travel, illegal goods), the Participant is liable for all costs, including recovery of the vehicle and loss of use.
- Vehicle Breakdowns/Accidents Abroad: In case of mechanical breakdown or accident outside the home country, the Participant must immediately contact the Company. The Company will assist with roadside support or repairs through partners or insurance, but service availability may vary. The Participant must follow the Company’s instructions for securing the vehicle and report to local police as required by law. Excessive towing costs (for example, returning the vehicle from another country) may be charged to the Participant if resulting from misuse or prohibited travel.
Permitted Use and Restrictions
- Authorized Drivers Only: Only the Participant and additional drivers expressly approved by the Company (named in the program agreement) may operate the vehicle. The Participant may not allow unauthorized persons to drive. All authorized drivers must meet the same age and license requirements above. The Participant is responsible for all actions of any permitted additional driver; any breach by them is treated as a breach by the Participant.
- No Motorsport or Racetrack Use: Racing, rallying, timed events, or any track use (including tourist drives on circuits like Nürburgring, etc.) is strictly prohibited. The vehicle may not be used for any form of motorsport or high-performance driving event, driver training on closed courses, or similar activities. The Participant also agrees not to use the vehicle for practicing stunts, drifting, or other unsafe driving beyond normal public road use.
- No Off-Road Use: The vehicle may only be driven on regular paved roads. Off-road use on unpaved roads, rough terrain, beaches, or trails is prohibited (unless the vehicle is expressly designed for off-road use and the Company permits it in writing). Any damage or recovery costs from off-road use are solely the Participant’s responsibility.
- Zero Tolerance Impaired Driving: The Company maintains a strict 0.0‰ blood alcohol content (BAC) policy. No alcohol or drugs are allowed before or during driving. Driving under the influence is a serious breach. If there is evidence the driver was impaired (e.g., police report), the Company may terminate the program immediately and recover the vehicle; all insurance is void, and the Participant is fully liable for damages. Participants and drivers must remain sober and alert at all times.
- Lawful and Prudent Use: The vehicle must be used in compliance with all traffic laws and for lawful purposes only. The Participant must drive safely and courteously. Speeding, reckless, or aggressive driving that endangers people or property is prohibited. The Participant is responsible for any fines or legal consequences of unlawful use, and must indemnify the Company for costs arising from the Participant’s use of the vehicle.
- No Commercial or Unapproved Use: The vehicle must not be used for commercial transport (e.g., taxi, rideshare), delivery services, or any use other than the agreed personal or leisure driving program. Towing other vehicles or trailers is not allowed unless explicitly agreed and the vehicle is equipped. The vehicle may not be subleased or transferred to third parties not named in the program agreement. Using the vehicle for high-risk purposes (driving instruction, carrying dangerous goods, etc.) is forbidden.
- Care of the Vehicle: The Participant must treat the vehicle with care. This includes using the correct fuel, maintaining tire pressure, addressing warning lights, securing the vehicle when parked (locks engaged, alarm on), and protecting it from theft or weather damage (e.g., using covers or garages when instructed). No smoking is allowed in the vehicle. Pets are not allowed unless the Company has given prior consent; if allowed, a special cleaning fee may apply. The Participant should avoid excessive dirt or interior damage (e.g., avoid messy foods). The Company may charge cleaning/detailing fees if the vehicle is returned excessively dirty, smoky, or with other damage beyond normal wear.
- Group Tour Etiquette: In a group self-drive tour (multiple vehicles traveling together with a lead/escort vehicle), all drivers must follow the event rules provided. This includes following the set route and itinerary, obeying instructions from lead drivers (via radios or briefings), maintaining safe distances in the convoy, and respecting stops and schedules. Courteous and cooperative behavior is expected for safety and enjoyment. Reckless or uncooperative conduct (dangerous overtaking, ignoring guides, endangering others) will be a serious breach. The Company reserves the right to remove the Participant or driver from the tour and/or terminate their program immediately (without refund) in such cases.
- Consequences of Misuse: If the Participant (or any authorized driver) violates these restrictions or misuses the vehicle, the Company may immediately terminate the program agreement and repossess the vehicle. The Participant will not receive any refund for unused time. The Participant will also be liable for all costs and damages resulting from prohibited use. This includes full liability for vehicle damage (even beyond any deductible, if insurance is void), liability for third-party claims, fines or penalties, and any Company costs (e.g., retrieval of vehicle, legal fees). The Company may impose reasonable contractual penalties for specific violations (e.g., cleaning fee for smoking, fee for disabling anti-theft devices) as specified in the agreement or fee schedule.
Insurance Coverage and Security Deposit
The program rate includes basic insurance coverage standard for car programs, with a deductible/excess as described below. By participating, the Participant accepts the insurance terms and deductible, unless an optional coverage is purchased. Key details:
- Third-Party Liability Insurance: The Company provides third-party liability insurance as required by law. This covers the Participant’s legal liability for damage or injury to others (third parties) in an accident. Coverage limits meet or exceed the minimum legal requirements of the program’s location. Note: This does not cover injury to the driver (Participant) or damage to the vehicle itself – those are addressed separately.
- Comprehensive (Collision & Theft) Insurance: Each program includes comprehensive insurance (Collision Damage Waiver/Theft Protection). This covers damage to the vehicle from collision, accident, vandalism, or theft, subject to a deductible. The standard deductible is €2,500 per incident (unless a different amount is stated in the program agreement for specific vehicles or if an optional waiver is purchased). The Participant is responsible for up to €2,500 of repair costs or loss value per incident; insurance covers amounts above the deductible.
- Security Deposit Utilization: The €2,500 security deposit paid by the Participant ties directly to the insurance deductible. If the vehicle is returned with new damage or an incident occurs, the Company will assess costs. If repair/deductible costs are less than €2,500, the necessary amount will be deducted from the security deposit and any remaining balance returned. If costs exceed €2,500, the full deposit is used and insurance covers the remainder above €2,500 (if covered by policy and not excluded by terms). In theft cases, the deposit applies toward the deductible. The Company will provide an invoice detailing any deductions from the deposit for damages or other costs.
- Excess Waiver Option: The Company may offer an optional excess/deductible waiver at extra cost. If the Participant purchases this, their deductible may be reduced or eliminated per the waiver terms. Availability and cost of such waivers depend on vehicle and plan; the Participant should inquire at booking. Any purchased waiver terms will be documented in the agreement.
- Covered Incidents: With included insurance, typical accidental damage (from collisions/minor mishaps), theft, and third-party liability are covered, provided the Participant abides by all terms and laws. Coverage generally also includes fire and vandalism damage to the vehicle. The Participant should confirm any specific coverage details with the Company if unclear.
- Exclusions (Not Covered): The insurance does NOT cover:
- Personal injuries to the Participant/driver (they should obtain separate travel or accident insurance for personal injury); nor personal property of the Participant or passengers (do not leave valuables in the car).
- Loss/damage from intentional acts or gross negligence by the Participant or authorized driver.
- Any incident where the driver was under the influence of alcohol or drugs (violating the 0.0‰ policy).
- Damage from prohibited use (see Permitted Use). For example, track or off-road damage is not covered, nor damage caused by unauthorized drivers.
- Mechanical damage due to misuse (over-revving the engine, wrong fuel, ignoring warning lights, leading to engine damage). Such misuse damage may be deemed negligence and not covered.
- Theft if the Participant failed to secure the vehicle properly (e.g., leaving it unlocked with keys inside) or acted with gross negligence in safeguarding it.
- Tires, wheels, glass, and interior: Standard insurance does not cover tire punctures, wheel damage, windshield chips/cracks, or interior damage (unless from a collision). The Participant will be responsible for these costs unless additional coverage is purchased.
- Any consequential losses (e.g., hotel or alternative transport costs) due to an accident or breakdown – these are not covered by the program’s insurance (roadside assistance benefits may be included; see below).
- Roadside Assistance: Basic roadside assistance is included for mechanical breakdowns or accidents (towing, flat tire change, jump start, etc.). 24/7 support contacts are provided in the program documents. Some services may incur charges if caused by user error (e.g., dead battery from lights left on, lockout key retrieval). The Participant should check the program paperwork for details on covered assistance and any applicable fees.
- Duties in Case of Accident or Damage: If any accident, collision, theft, or damage occurs, the Participant must immediately notify the Company and, where applicable, local authorities:
- Accidents involving third parties: Report to local police and the Company without delay. Collect information from other parties (names, contacts, vehicle/insurance details) and witnesses, if possible. Do not admit fault; ensure a police report is filed if required by law (many countries require police involvement for significant damage or any injury).
- Theft/Vandalism: Report to local police immediately and provide a copy of the police report to the Company.
- Vehicle Damage (even single-vehicle incidents): Document with photos if possible and report immediately to the Company. The Participant should cooperate with the Company and its insurance in handling the claim (e.g., completing accident report forms). Failure to follow these procedures may result in the Participant bearing full damage costs if the insurance claim is impeded.
- Liability for Damage: Assuming no exclusions apply and the Participant has complied with all terms, the Participant’s financial liability for vehicle damage or loss is limited to the €2,500 deductible per incident. If repair or replacement costs are less than €2,500, the Participant pays only the lesser amount. If an excess waiver was purchased (reducing the deductible), the Participant’s liability is limited accordingly.
- Multiple Incidents: Each separate incident is treated independently regarding the deductible. For example, if two unrelated accidents occur on different days, the deductible could apply to each incident. The Participant is advised to drive carefully to avoid even minor damage, as costs can add up.
- Full Liability in Certain Cases: If the Participant breaches the contract (especially Permitted Use or impaired driving rules) leading to an incident, the insurance may not cover the damage. In such cases, the Participant is personally liable for 100% of all costs (vehicle repair/replacement, third-party damages, loss of use, etc.). The Company may also seek compensation from the Participant for any losses it incurs due to such breaches (e.g., if the Company’s insurer pays a third party and then exercises recourse against the Company for Participant’s gross negligence, the Company will seek that amount from the Participant).
- Indemnification: To the fullest extent permitted by law, the Participant agrees to indemnify and hold the Company harmless from any third-party claims arising out of the Participant’s use of the vehicle during the program (except claims caused by the Company’s own negligence or willful misconduct). For example, if a third party sues the Company for damages that occurred while the Participant was driving (and the Participant was at fault), the Participant will cover the Company’s costs and liability in that claim (to the extent not covered by insurance).
- Insurance Summary: A summary of insurance coverage, limits, and the Participant’s responsibilities will be provided in the program agreement or separate insurance document at vehicle pick-up. The Participant should review these details and ask any questions before starting. By accepting the vehicle, the Participant acknowledges understanding the insurance and liability provisions.
Limitation of Liability (Company)
- Company’s Liability to the Participant: The Company (including its owners, employees, and agents) is liable to the Participant or passengers only for damages resulting from the Company’s intentional misconduct or gross negligence. For ordinary negligence, the Company’s liability is limited to foreseeable damages typical for this type of agreement. The Company is not liable for minor deviations in service or for circumstances beyond its control. This includes, for example, no liability for purely economic losses, lost profits, loss of enjoyment, or indirect/consequential damages (such as the Participant’s hotel or other arrangements) resulting from the program or tour, except as required by law.
- Injuries and Personal Damage: Nothing in these terms excludes or limits the Company’s liability for personal injury or death caused by the Company’s negligence or willful misconduct, or any liability that cannot be legally excluded. However, the Company will not be liable for personal injuries or property damage suffered by the Participant or passengers in an accident during the program to the extent those should be covered by the provided insurance or the Participant’s insurance. All occupants are urged to wear seat belts at all times and follow safety instructions; failure to do so may limit the Company’s liability.
- No Liability for Third-Party Acts or Force Majeure: The Company is not liable for loss or damage incurred by the Participant due to the actions of third parties or events beyond the Company’s reasonable control (traffic, weather, road conditions, government actions, strikes, natural disasters, etc.). If the Participant’s trip is disrupted or cut short due to an accident or breakdown, the Company must assist with repairs or a replacement vehicle per the agreement and insurance, but the Company will not be liable for additional costs or damages arising from the interruption beyond providing the contracted service or a refund if appropriate.
- Vehicle Condition and Warranties: The Company ensures the vehicle is provided in good working order, maintained to manufacturer standards. No warranty is given beyond ordinary recreational driving; the Company does not guarantee a specific model or color unless confirmed. If a confirmed vehicle becomes unavailable, the Company will endeavor to provide a comparable substitute. Mechanical failures can occur; the Company’s liability for vehicle malfunction is limited to providing repair or replacement as soon as reasonably possible. There is no guarantee of uninterrupted use; minor issues not rendering the vehicle inoperable will not entitle the Participant to a refund or compensation (provided the Company addresses them upon notification).
- Items Left in Vehicle: The Company is not responsible for loss or damage to any personal property left in or on the vehicle, whether during or after the program. This includes luggage, electronics, etc. The Participant should remove all belongings at the end of the program. If items are found after return, the Company may assist in returning them at the Participant’s expense, but is not obligated to do so.
- Maximum Liability: If the Company is found liable to the Participant for any reason, the maximum recoverable damages will not exceed the total amount paid by the Participant for the program/tour (or the foreseeable direct damages resulting from the Company’s breach, if higher). This limitation is subject to non-waivable legal minimums, but in no event will the Company’s liability exceed the typical program fees plus reasonable foreseeable incidental costs.
- Consumer Rights: If the Participant is a consumer (not a business), these liability limitations are intended to comply with applicable consumer protection laws. No provision here is intended to limit any non-waivable consumer rights. Some jurisdictions do not allow certain liability exclusions; in such cases, the Company’s liability will be limited to the maximum extent permitted by law.
Contract Language
The official language of these Terms and the program agreement is English. The Company may provide translations for convenience, but in case of any discrepancy, the English version prevails. All communications, documents, and customer service will be in English (unless otherwise agreed as a courtesy). The Participant confirms they understand English sufficiently to comprehend these terms, or have had them explained before agreeing.
Governing Law and Jurisdiction
This program agreement and these Terms are governed by and construed under the laws of Germany, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Any disputes arising out of this agreement (including its existence, validity, or termination) are subject to the exclusive jurisdiction of the courts in Munich, Germany, provided this choice of jurisdiction is permissible. If the Participant is a consumer in another EU country, this jurisdiction choice does not prevent the Participant from pursuing or defending claims in their country as allowed by law. By agreeing to these terms, the Participant consents to the jurisdiction of the above courts and waives objections on grounds of venue or inconvenient forum, unless mandatory law provides otherwise.
Data Privacy
The Company takes data protection seriously. Collection and processing of personal data of the Participant and any additional drivers are done in compliance with applicable data protection laws (EU GDPR, Germany’s BDSG). Key points include:
- Data Collected: Personal information necessary for the program and services (name, address, contact, date of birth, driver’s license details, passport/ID, payment info, etc.). During the program, data related to vehicle use may also be collected (e.g., GPS location data, with consent or as permitted by law, for theft protection or assistance during tours).
- Purpose of Processing: Personal data is used for legitimate purposes: processing reservation/payment, verifying identity and driving eligibility, complying with legal obligations (insurance records, notifying authorities of violations), providing customer support, and enhancing safety (e.g., emergency contact in accidents). If the Participant consents to marketing, contact details may be used to send promotional materials about services (consent can be withdrawn at any time).
- Data Sharing: The Company will not sell or rent personal data. Data is shared only on a need-to-know basis with: insurance companies (for coverage and claims), law enforcement/authorities (if legally required, e.g., driver details for fines), service partners (e.g., tour guides or roadside assistance providers needing contact/vehicle info), and payment processors/banks. All third-party partners must protect data per law and use it only for intended purposes.
- Data Security: The Company implements appropriate technical and organizational measures to secure personal data against unauthorized access, loss, or alteration. This includes secure digital storage, encrypted payment processing, and restricted staff access (only personnel who need the data to perform duties).
- Data Retention: Personal data is retained only as long as necessary for the contract and legal requirements. For example, identification and contract details may be kept for years to meet tax/regulations or resolve disputes. After the retention period, data will be securely deleted or anonymized.
- Participants’ Rights: Under GDPR and applicable law, Participants have rights regarding their data: access, rectification, erasure (when no longer needed or if unlawfully processed), restriction of processing, data portability, and objection to certain processing (e.g., direct marketing). The Participant may exercise these rights by contacting the Company’s data protection contact (provided in the Privacy Policy). Some rights may be limited by legal obligations (e.g., tax retention), but the Company will inform the Participant of any such retention if requested.
- Consent and Privacy Policy: By entering this program agreement, the Participant acknowledges the collection and use of their personal information as described. For more details, the Participant should review the Company’s Privacy Policy (available on the website or upon request). If the Participant provides personal data of third parties (e.g., naming an additional driver or an emergency contact), the Participant is responsible for informing them and obtaining their consent.
- Marketing Communications: The Participant may be offered to join mailing lists for future offers. Such communications are sent only if the Participant has given separate consent (e.g., opting in). The Participant can unsubscribe at any time without affecting the program contract.
- Data Queries: For questions or concerns about data handling, or to exercise data subject rights, the Participant should contact the Company’s data protection officer or customer service (e.g., privacy@rent4group.com or the Company’s mailing address). The Participant also has the right to complain to a supervisory authority if they believe their data is processed unlawfully.
Termination of Agreement
- Termination by the Company (During Program): The Company may terminate the program agreement immediately, remotely lock and reclaim the vehicle if the Participant or any driver commits a material breach of these terms during the program. Material breaches include (but are not limited to): illegal or dangerous use of the vehicle, driving under the influence, significantly exceeding any agreed mileage limits (if applicable), non-payment of fees when due, or if the Participant becomes unfit to drive (e.g., license suspension). In such cases, no refunds are given for unused program days or tour portions. The Participant must immediately return the vehicle (or the Company may repossess it) and will be liable for any costs from early termination (e.g., towing fees, damage repairs, loss of program income). The Company may also terminate if it discovers the Participant obtained the program by fraud or misrepresentation (e.g., a fake license or identity).
- Termination by the Participant: Before the program starts, the Participant may terminate (cancel) as outlined in the Cancellation section above (with refunds based on notice). Once the program or tour has begun, if the Participant wishes to end early (e.g., returning the vehicle and ending the contract before the agreed return date), they may do so by notifying the Company and returning the vehicle, but no portion of the program fee will be refunded except at the Company’s discretion in special cases. Simply returning early does not oblige the Company to refund. However, if termination is due to force majeure reasons (e.g., family emergency or unavoidable event), the Company will attempt in good faith to assist (possibly offering a partial credit for future services as a goodwill gesture, depending on circumstances, but this is not guaranteed or contractual).
- Rights upon Termination: Upon termination of the program agreement (whether at natural end or early termination by either party), the Participant must immediately cease use of the vehicle and return it to the Company at the designated location (or follow instructions for pick-up by the Company). The vehicle must be returned in the same condition as received, except for normal wear and tear. The Participant remains responsible for the vehicle and its condition until officially handed back to the Company. If the Company terminates due to the Participant’s breach and the Participant fails to return the car, the Company may repossess the vehicle without further notice at the Participant’s expense and pursue any legal remedies for violations or losses.
- Surviving Obligations: Termination of the agreement does not remove or invalidate rights or obligations that by their nature should survive the contract's end. This includes the Participant’s responsibility for any fines or damages incurred, the Company’s right to claim unpaid fees or costs, liability and indemnification clauses, and the governing law & jurisdiction clause.
- Termination Before Vehicle Handover (Company’s Right): The Company may also cancel the reservation before the program begins if new information significantly affects the risk or feasibility of the program. For example, if a required security deposit is not provided, a payment is declined and no alternative is made, or the Company discovers the Participant no longer meets requirements (e.g., age/license issues, false information). In these cases, the Company may cancel the booking. Refunds for such cancellations depend on circumstances: if due to the Participant’s fault (non-payment or false info), it may be treated as a Participant cancellation (with applicable fees); if through no fault of the Participant (e.g., sudden vehicle unavailability), the Participant receives a full refund per Company-initiated cancellation. The Company is not liable for additional compensation beyond the refund.
- Notice: Except in urgent situations (immediate risk or ongoing breach requiring instant action, like repossession for misuse), any termination by the Company will be communicated in writing or person, stating the reason. The Participant should likewise communicate any intent to end the program early in writing when possible, even if already verbally informed by a Company representative, to maintain clarity for both parties.
Force Majeure
Neither party is liable for failing to perform obligations under this agreement if such failure is due to force majeure. “Force Majeure” refers to extraordinary events or circumstances beyond the reasonable control of the parties that could not have been foreseen or avoided. Examples include natural disasters (earthquakes, floods, hurricanes, volcanic eruptions), wars, acts of terrorism, civil unrest, public health emergencies/pandemics, government actions or travel restrictions (border closures, bans), labor strikes or lockouts, nationwide fuel shortages, or other extreme events making performance impossible or illegal.
- Effect of Force Majeure: If a Force Majeure event occurs that makes it impossible or highly impracticable to carry out the program or tour as planned, the affected party shall notify the other as soon as reasonably possible, describing the event and its anticipated impact. Obligations of both parties are suspended for the duration of the event. For example, if government restrictions prohibit travel on the scheduled dates, the Company will not be considered in breach for not delivering the service, and the Participant will not be in breach for non-use during that period.
- Options in Case of Force Majeure: The Company and Participant will, in good faith, discuss equitable solutions if Force Majeure disrupts the program. Options may include rescheduling the program or tour to a later date, or cancellation with appropriate arrangements. If the program must be cancelled entirely due to Force Majeure, the Company may provide either a refund or a credit/voucher for future service, depending on feasibility (aiming not to unjustly enrich or unfairly penalize either party). For example, the Company may retain an unrecoverable cost portion and refund the rest, or issue a full credit for a future program date.
- Notification and Mitigation: The party claiming Force Majeure (Company or Participant) must use all reasonable efforts to mitigate the effects of the event. For example, if an alternative solution becomes available (an alternate route or vehicle), parties should consider it. Both parties are expected to communicate promptly and openly.
- Extended Force Majeure: If a Force Majeure event suspends the contract for an extended period (e.g., more than 30 days) or the event will prevent the program from occurring in a reasonable time, either party may terminate the contract by giving written notice. In that case, neither party is in breach, and neither party may seek damages for non-performance. Refund or credit terms will follow as above.
- No Liability for Force Majeure: Except as stated (refunds or credits), neither party is liable for costs, losses, or damages caused by delays or failures due to Force Majeure. This includes no liability for incidental expenses, opportunity costs, or consequential damages from cancellation or postponement. The Participant acknowledges that events like extreme weather or government regulations are beyond the Company’s control, and agrees to hold the Company harmless in such scenarios. (This does not affect any separate travel insurance claims the Participant may pursue; in fact, Participants are encouraged to have travel insurance covering Force Majeure disruptions.
Final Provisions
- Entire Agreement: These General Terms and Conditions, together with the specific provisions of the program agreement (and any written addenda provided by the Company, such as special conditions for a promotion or vehicle), constitute the entire agreement between the Company and the Participant regarding the program or self-drive tour. They supersede all prior discussions or agreements (oral or written) on the subject. The Participant confirms they do not rely on any representations or promises not expressly contained here.
- Amendments: Any modification to this agreement must be made in writing and agreed to by both parties (which can include electronic communication from the Company confirming the change). No oral changes are binding. This includes any waiver or change of fees or conditions—it must be documented by the Company. The Company reserves the right to update these General Terms and Conditions for future programs. Such changes will not affect a program already booked under an earlier version; the version in effect at booking time applies, unless the Participant agrees to new terms.
- Severability: If any provision of these terms or the program agreement is found invalid or unenforceable by a court or authority, that provision is deemed severed and does not affect the validity of the remaining provisions. Any severed clause will be replaced by a reasonable provision that achieves the original intent as closely as possible. Any gap in the contract will be filled with a provision the parties would reasonably have agreed upon had they considered the issue initially.
- No Waiver: If the Company fails to enforce any right or provision, or delays in enforcing it, this does not waive that right or provision. The Company’s partial exercise of a right or one-time enforcement does not prevent future enforcement of the same or any other provision. The Participant’s obligations remain in effect even if the Company does not immediately act on a breach. Only a written waiver signed by the Company can excuse a breach or delay in enforcement, and it applies only to the specific instance stated.
- Headings: Headings and titles in this document (e.g., “Age and License Requirements,” “Cancellation and Refunds,” etc.) are for convenience only and do not affect the interpretation of any clause. The agreement must be read as a whole.
- Copies and Electronic Format: This agreement may be provided and signed electronically. An electronic or scanned copy of the signed program agreement is as effective as an original. By checking “I agree” on a form or signing electronically, the Participant consents to enter into this agreement electronically. The Participant may request a paper copy of these terms or their specific contract at any time.
- Customer Service and Complaints: If the Participant has questions about these terms or any issues during the program, they are encouraged to contact the Company’s customer service. Any complaints should be submitted in writing (email is acceptable) so the Company can address them. The Company will attempt to resolve any disputes or concerns in good faith before legal action.
- Legally Binding Agreement: By booking a vehicle or signing the program agreement, the Participant acknowledges they have read, understood, and agree to all the above terms and conditions. This agreement is legally binding. If anything is unclear, the Participant should ask the Company for clarification before agreeing or taking the vehicle.
 
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