Terms
CONTRACTING PARTIES AND SCOPE
These Terms of Booking and Vehicle Rental Mediation govern the contractual relationship between:
nomad GmbH
Altburgstraße 26
54597 Hersdorf
Germany
Registered with the Local Court (Amtsgericht) Wittlich under HRB 41459
Managing Director: Julietta Baums
(hereinafter referred to as "Rooftop Rental" or "nomad")
and the customer (hereinafter referred to as the "Customer").
Rooftop Rental operates an online booking platform and acts exclusively as an intermediary for vehicle rental services provided by independent third-party rental companies. Any further services such as local guides or excursions are arranged and contracted for directly between the Customer and the relevant local provider, separately from the booking made through Rooftop Rental.
These Terms apply to all bookings made through www.rooftop-rental.com unless otherwise agreed in writing. These Terms are drawn up in the English language. Where a German or other translation is provided for convenience, the English version shall prevail in the event of any discrepancy.
ROLE OF ROOFTOP RENTAL
Rooftop Rental acts solely as an intermediary between the Customer and the local vehicle rental provider.
Rooftop Rental is not the owner, operator, or lessor of the rental vehicle unless expressly stated otherwise in writing.
The rental agreement for the vehicle is concluded directly between the Customer and the local rental provider.
The local rental provider is solely responsible for:
- vehicle ownership and operation;
- vehicle maintenance and roadworthiness;
- vehicle handover and return;
- compliance with local legal requirements;
- vehicle insurance provided by the rental provider;
- collection and administration of security deposits;
- assessment and handling of vehicle damage claims.
The Customer acknowledges that the performance of the rental services is the responsibility of the respective local rental provider.
BOOKING PROCESS
Vehicle availability displayed on the website does not constitute a binding offer.
A booking request submitted by the Customer constitutes an offer to conclude a mediation contract.
The mediation contract becomes binding upon issuance of a written booking confirmation by Rooftop Rental.
The rental agreement between the Customer and the local rental provider becomes effective according to the rental provider's applicable rental conditions.
PAYMENTS
Rooftop Rental operates under an agency collection model.
Unless otherwise stated, all payments related to the booking are made to Rooftop Rental, acting as collection agent for the local rental provider.
Payment to Rooftop Rental shall be deemed payment to the local rental provider.
Unless otherwise agreed, payment for a booking is made in two instalments: a deposit of 20% of the total price, due at the time of booking, and the remaining balance, due no later than 60 days before the start of the rental period. For bookings made within 60 days of the start of the rental period, the total price is due in full at the time of booking. If the balance is not received by the due date, Rooftop Rental reserves the right to cancel the booking in accordance with Section 11, in which case the cancellation charges set out in Section 10 shall apply.
Additional charges arising during or after the rental period may be charged directly by the local rental provider, including but not limited to:
- security deposits;
- traffic fines;
- toll charges;
- fuel charges;
- damage-related costs;
- cleaning fees;
- administrative charges.
The Customer authorizes Rooftop Rental and the local rental provider to process such charges where legally permissible.
RENTAL CONDITIONS OF THE LOCAL PROVIDER
Each rental booking is subject to the rental conditions of the respective local rental provider.
These conditions may include provisions regarding:
- driver eligibility;
- minimum age requirements;
- licence requirements;
- vehicle usage restrictions;
- insurance coverage;
- security deposits;
- vehicle return procedures;
- off-road driving regulations;
- border-crossing permissions;
- local laws and regulations.
In the event of any conflict between these Terms and the local rental agreement, the provisions governing the actual rental relationship shall prevail with respect to the operation and use of the vehicle.
VEHICLE CATEGORIES AND AVAILABILITY
Reservations are made for vehicle categories and not for specific vehicle models unless explicitly agreed otherwise.
If the reserved vehicle is unavailable for reasons beyond the control of Rooftop Rental or the rental provider, a comparable or higher-category vehicle may be supplied.
If no comparable vehicle is available, the Customer may choose either a suitable alternative vehicle or a refund of payments already made for the unavailable rental service.
Further claims are excluded except where mandatory law provides otherwise.
INSURANCE PRODUCTS
A vehicle excess waiver and supplementary third-party liability insurance, arranged by Rooftop Rental through a German group insurance policy, is included as a mandatory component of every booking. This insurance covers the rental vehicle only. It does not extend to the rooftop tent, camping equipment, or other accessories supplied with the vehicle.
Additional insurance products, depending on the destination and booking package, may be included or offered as optional services.
Such insurance coverage may be provided by:
- the local rental provider;
- an independent insurer; or
- an insurance arrangement organized through Rooftop Rental.
The scope of insurance coverage is governed exclusively by the respective insurance policy wording, insurance certificate, and insurer's terms and conditions.
Rooftop Rental does not guarantee any specific insurance outcome, claim approval, reimbursement amount, or coverage decision.
Insurance claims must be submitted directly to the responsible insurer in accordance with the applicable insurance conditions.
CUSTOMER RESPONSIBILITIES
The Customer shall:
- provide accurate and complete information during booking;
- ensure that all drivers meet the applicable rental requirements;
- comply with all rental conditions;
- comply with local traffic laws and regulations;
- immediately report accidents, theft, damage, or incidents to the relevant authorities and rental provider where required;
- cooperate fully in the handling of insurance and damage claims.
The Customer is responsible for verifying entry requirements, visa requirements, driving licence validity, and any other legal requirements applicable to the destination.
NO RIGHT OF WITHDRAWAL
Bookings arranged through Rooftop Rental relate exclusively to vehicle rental services for a specific rental period.
In accordance with applicable consumer protection legislation, including Section 312g (2) No. 9 of the German Civil Code (BGB), no statutory right of withdrawal (Widerrufsrecht) applies to such bookings, as the contract concerns the provision of vehicle rental services for a specified period.
This exclusion reflects the general European legal framework for date-specific vehicle rental services and applies equivalently under the consumer protection laws of other relevant jurisdictions, including the United Kingdom (Consumer Contracts Regulations 2013) and other EU Member States implementing Directive 2011/83/EU.
This does not affect the Customer's right to cancel a booking under Section 10 (Cancellation by the Customer) below, subject to the cancellation charges set out therein.
CANCELLATION AND CHANGES BY THE CUSTOMER
The Customer may cancel a booking at any time before the commencement of the rental period.
The following cancellation charges apply:
| Time before rental start | Cancellation fee |
| 60 days or more | 20% |
| 59–30 days | 40% |
| 29–15 days | 60% |
| 14–7 days | 80% |
| 6 days or less | 100% |
| No-show | 100% |
The Customer may demonstrate that the actual loss suffered was substantially lower than the applicable cancellation charge.
Any non-refundable third-party fees, transaction costs, permits, insurance premiums, or governmental charges already incurred may additionally be deducted where legally permissible.
Requests for changes or rebookings are subject to availability. Rooftop Rental and the local rental provider are not obliged to accept requested changes. Any price differences resulting from a rebooking shall be borne by the Customer.
The Customer authorizes Rooftop Rental to charge any cancellation fee due under this Section to the payment method provided at the time of booking.
CANCELLATION BY ROOFTOP RENTAL OR THE LOCAL RENTAL PROVIDER
Rooftop Rental or the local rental provider may cancel a confirmed booking prior to the start of the rental period for operational reasons not attributable to the Customer, including but not limited to the discontinuation of a vehicle category, route, or service. In such cases, the Customer shall receive a full refund of all amounts already paid for the affected booking, and Rooftop Rental shall notify the Customer without undue delay. No further claims shall arise, except where mandatory law provides otherwise.
Rooftop Rental or the local rental provider may further cancel a confirmed booking where:
- the Customer fails to pay any amount due under the booking by the applicable due date;
- the Customer has provided false, incomplete, or misleading information in connection with the booking;
- the Customer or a designated driver does not meet the eligibility requirements set out in Section 5 (Rental Conditions of the Local Provider);
- there is a reasonable suspicion of fraud, unlawful intent, or misuse of the booking; or
- the Customer's conduct is abusive, threatening, or otherwise incompatible with the safe and orderly performance of the booking.
In the cases described in the preceding paragraph, the cancellation charges set out in Section 10 (Cancellation and Changes by the Customer) shall apply accordingly, calculated by reference to the date on which the relevant ground for cancellation arose.
This Section does not affect Section 6 (Vehicle Categories and Availability), Section 12 (Force Majeure), or Section 18 (Compliance and Sanctions).
FORCE MAJEURE
Neither Rooftop Rental nor the local rental provider shall be liable for failure to perform contractual obligations where such failure results from circumstances beyond reasonable control that render performance of the booking objectively impossible.
Such circumstances may include, but are not limited to: natural disasters; floods; storms; earthquakes; pandemics; epidemics; government restrictions; border closures; armed conflicts; civil unrest; strikes; acts of terrorism; interruptions of transportation infrastructure.
A non-binding travel advisory, warning, or recommendation against travel issued by an authority in the Customer's country of residence does not by itself constitute force majeure under this Section, provided that vehicle handover and return remain objectively possible. In such cases, the cancellation provisions of Section 10 (Cancellation and Changes by the Customer) apply.
Where performance becomes objectively impossible due to force majeure, either party may terminate the affected booking. In such cases, the Customer shall be reimbursed for payments already made in respect of services not yet rendered, less any costs already incurred by Rooftop Rental or the local rental provider that cannot reasonably be recovered.
LIABILITY OF ROOFTOP RENTAL
Rooftop Rental is liable without limitation for damages resulting from intentional misconduct or gross negligence.
In cases of ordinary negligence, Rooftop Rental is liable only for the breach of essential contractual obligations, and in such cases only for damages that were foreseeable and typical for contracts of this kind.
The limitations above do not apply to:
- loss of life, bodily injury, or damage to health;
- claims under the German Product Liability Act (Produkthaftungsgesetz);
- fraudulent misrepresentation or assumed guarantees;
- any other liability that cannot be limited or excluded under applicable mandatory law.
Rooftop Rental acts solely as an intermediary and is not the owner, operator, or lessor of the rental vehicle. Responsibility for the performance of the rental agreement itself, including vehicle condition, mechanical defects, breakdowns, accidents arising from vehicle operation, resulting property damage, and any other acts or omissions of the local rental provider, lies with the local rental provider and not with Rooftop Rental, except where such damage is caused by Rooftop Rental's own intentional misconduct, gross negligence, breach of an essential contractual obligation, or falls within the categories listed above.
Rooftop Rental is also not liable for circumstances beyond its reasonable control, including weather conditions, governmental actions, denied border crossings, changes to local regulations, and interruptions to transportation infrastructure, except to the extent such liability cannot be excluded under mandatory law or falls within the categories listed above.
COMPLAINTS
Complaints relating to the rental vehicle or rental services must first be addressed to the local rental provider.
Complaints relating to the booking process or mediation services may be submitted to Rooftop Rental.
The Customer is expected to notify any complaint without undue delay and provide reasonable evidence where applicable.
DATA PROTECTION
Personal data shall be processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
The Customer authorizes Rooftop Rental to transmit booking-related information to:
- rental providers;
- insurers;
- payment service providers;
- governmental authorities where legally required.
Such processing shall be limited to what is necessary for contract performance and legal compliance.
ELECTRONIC COMMUNICATION
The Customer agrees that all communications relating to the booking, mediation services, rental arrangements, insurance products and contractual relationship may be provided electronically.
Booking confirmations, invoices, rental agreements, insurance certificates, payment confirmations, amendments, notices and other contractual documents may be transmitted by email or made available through the booking platform.
Electronic communications shall be deemed received when transmitted to the email address provided by the Customer during the booking process.
The Customer is responsible for ensuring that the provided email address is valid, accessible and regularly monitored.
The Customer shall promptly notify Rooftop Rental of any changes to their contact details.
CHARGEBACKS AND PAYMENT DISPUTES
The Customer remains liable for all amounts properly due under the booking agreement, the mediation agreement and any associated rental services.
If the Customer initiates a chargeback, payment reversal, payment dispute or similar procedure with a credit card provider, bank, payment service provider or other financial institution, such action shall not affect the Customer’s contractual payment obligations where the charge was validly incurred.
Where a chargeback or payment dispute is found to be unjustified, Rooftop Rental reserves the right to recover:
- the outstanding booking amount;
- chargeback fees;
- banking fees;
- payment processing costs;
- collection costs;
- legal costs;
- any other losses directly resulting from the chargeback or payment dispute.
Nothing in this provision limits the Customer’s statutory rights to dispute unauthorized or fraudulent transactions.
COMPLIANCE AND SANCTIONS
Rooftop Rental reserves the right to refuse, suspend or cancel a booking where performance of the booking, mediation service or rental arrangement would violate:
- applicable sanctions laws;
- export control regulations;
- anti-money laundering regulations;
- anti-terrorism legislation;
- trade restrictions;
- governmental orders; or
- any other mandatory legal requirements applicable to Rooftop Rental, the rental provider or the insurer.
Rooftop Rental may request additional information or documentation from the Customer where reasonably necessary to comply with legal or regulatory obligations.
Where a booking cannot legally be performed due to such requirements, Rooftop Rental may terminate the booking without liability beyond any refund obligations required by applicable law.
GOVERNING LAW
These Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Germany.
If the Customer is a consumer habitually resident in a country other than Germany, mandatory consumer protection provisions of that country, from which the consumer cannot validly deviate by agreement under the law of that country, shall remain unaffected by this choice of law, in accordance with Article 6 of Regulation (EC) No 593/2008 on the law applicable to contractual obligations ("Rome I").
This Section governs the mediation contract between the Customer and Rooftop Rental (nomad GmbH) only. It does not govern the rental agreement concluded directly between the Customer and the local rental provider, which is subject to the rental provider's own terms and conditions and the law applicable to that agreement.
JURISDICTION
For merchants, legal entities under public law, and customers without a general place of jurisdiction in Germany, the exclusive place of jurisdiction shall be the competent courts at the registered seat of nomad GmbH.
Mandatory statutory jurisdiction provisions remain unaffected.
SEVERABILITY CLAUSE
Should any provision of these Terms be invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the original provision.