The following conditions of rental will be applied from the moment the management of the reservation of a camper van begins which will become part of the lease of the vehicle to be formalized between the two parties: Campersvan, in forward the Lessor; and you, the Leaseholder.
1. Obligations and responsibilities of the lessor:
The Lessor is obliged to make the rental vehicle available to the Lessee as follows:
To deliver the vehicle in good condition and complete with an inventory attached, as well as the possible accessories.
To deliver the vehicle with sufficient information on its use and operation.
To deliver the vehicle in perfect mechanical conditions, conservation and cleaning, and deliver it with all its tools and safety features.
The Lessor is under no obligation to replace the damaged or crashed vehicle, the Lessor does not assume any responsibility for damages and / or accidents caused by mechanical failures.
If, for reasons beyond the control of the Lessor, the vehicle cannot be delivered on the agreed date, this will not give rise to any indemnity in favor of the client, except for the return by the Lessor to the Lessee of the amount paid up to that date for the renting.
The Lessor does not assume any liability to the client in respect of the car of his or her own property that will be in the parking in the premises of the Lessor during the period of the rent of the van.
2. Obligations and responsibilities of the lessee:
The lessee will use and drive the vehicle diligently respecting the Traffic and Road Safety Law and other complementary provisions, as well as observing the following standards specifically agreed upon. Likewise the Lessee is obliged to:
· Accept that the vehicle has been delivered in perfect mechanical conditions, conservation and cleaning, and it is delivered with all its tools and safety features.
· Use the van carefully, according to the lessee destination and do not alter it and follow the instructions of the Lessor. The lessee is obliged to return the van to the Lessor in the state in which the Lessee had received it. Any damages or changes in the van will be evaluated by an expert and deducted from the deposit given.
· During the duration of the rental, the lessee must check the condition of the vehicle, especially the water and oil levels, as well as the tyre pressure. If the vehicle is damaged as a result of overheating due to low engine oil or coolant levels, the customer will lose the entirety of the deposit.
· Pay the entire rent, despite not using the van or using it for a shorter period of time than the specified.
· The lessee receives the vehicle with the fuel tank full and so has to be returned.
· The lessee will not be able to carry more passengers than the ones allowed by the laws according to the own characteristics of the vehicle.
· You may not transport any kind of pet or animal without the express authorization of the Lessor. In case of being authorized by the Lessor, the Lessee agrees to return the van free of hairs and odors.
· The van cannot be used for loading and transporting merchandise.
· The van cannot be used for transportation or delivery of Urgent Service messaging.
· Park the vehicle properly. The lessee assumes full responsibility for any violation of traffic, parking, transportation, loading and unloading regulations.
· Authorized driver: If there is another authorized driver other than the Lessee, the latter declares to know and expressly accept the conditions of this rental contract, voluntarily becoming joint guarantor of the Lessee, for the payment of all the obligations arising from this contract, signed as a prove of understanding in the rental of agreement.
· The Lessee under no circumstances will be exempted from their civil, administrative, criminal or any other liabilities that are the consequence of a sinister or culpable behavior.
3. It is expressly prohibited to the Lessee:
· To allow persons who are not expressly authorized to drive by the Lessor in the rental agreement.
· Smoking and lighting candles inside the van.
· Transporting people, merchandise or any type of activity with the vehicle, which constitutes subleasing.
· To participate in speed races, competition or private sports competition or in their training.
· Driving or allowing the vehicle to be driven in inferiority of physical or psychological conditions, motivated by the consumption of alcohol, drugs and medicines or in a state of fatigue or illness.
· To use the vehicle to move or tow other vehicles.
· To transport or permit the transport of explosive, flammable, corrosive substances, drugs, narcotics or contraband of any kind in the vehicle.
· To vary any technical characteristics of the vehicle, keys, locks, equipment and / or accessories of the vehicle, as well as to make any modification of its exterior and / or interior appearance, unless expressly authorized by the Lessor. In the event of such an infraction, the Lessee shall bear all expenses incurred.
· To unseal or manipulate the speedometer, and immediately notify the Lessor of any fault in the vehicle.
· Travel to countries in war or in armed conflicts.
· To drive by roads or places which due to their poor road conditions, can cause damages under the car.
· To transport in the vehicle any kind of animals.
4. Maintenance and Repair:
· Oil changes and fortuitous repairs in the event of a mechanical breakdown, excluding those caused by negligence, malpractice or maltreatment of the driver, will be effected free of charge by the Lessor. If the Lessee should do so, the invoice has to be delivered in order to be reimbursed provided that the repair does not exceed ? 60.00 or has been authorized by the Lessor.
· The Lessee agrees to stop the vehicle as soon as possible when any witness that indicates an abnormality in the operation of the vehicle lights up, and should contact the Lessor or the assistance company of the insurer contracted by the Lessor and follow their indications. Damage to tires is excluded.
· In case that without any fault on the part of the Lessee, the van is seriously damaged or the vehicle cannot be used for a period of more than 48 hours or it must be removed from the road and the customer is within the territorial scope of the Valencian Community, the Lessor, if it had the availability to make available to the client within a maximum period of 48h a spare vehicle, would be excluded a termination of the contract and therefore must be accepted by the Customer the new vehicle, without obligation on the part of the Lessor to indemnify the possible damages caused to the client.
· In case the Lessee is guilty, the van is seriously damaged or it is anticipated that the vehicle cannot be used for a period of more than 48 hours or it must be withdrawn from traffic, the Lessor may refuse to offer a replacement vehicle . In this case a termination of the contract by the Lessee is excluded, in addition to the expenses that his action would have produced. If the Lessor chooses to make a substitute vehicle available to the Lessee, it may charge the Lessee any expenses derived therefrom.
· Defects of the van: When returning the vehicle, the Lessee must indicate in writing to the Lessor the defects that he detected in the van or in its equipment once the rental period has started, excluding the rights to compensation for damages in case of defects indicated subsequently, unless such claim is motivated by non-obvious damage.
In case of accident the Lessee or authorized driver agrees to:
Not to prejudge or authorize, sign or ratify liability in case of an accident. Otherwise, the Lessor will decline any responsibility for such recognition, and may have repercussions on the Lessee of the consequences and civil liabilities of the accident.
6. Prices and duration of the rental:
· The price of the rental of the van and the minimum period of rent during different times of the year, are derived from the current price list of the company at the time of making the reservation. Depending on the reserved rental days, the prices that appear in the list for the corresponding season will be the valid.
· Prices include VAT, unlimited mileage for rentals of seven days, for smaller rentals check the corresponding rate.
· The rental period begins with the picking up of the van by the customer at the agreed time and ends with the delivery of the same by the customer at the agreed time.
· The invoiced is based on a period of 24-hour. There is a courtesy period of 30 minutes for the return of the vehicle, surpassed that time, it will be invoiced the equivalent of one day of rent if it does not exceed the indicated date of return, if it exceeds said date 500 ? will be invoiced for each day of delay.
· The Lessee shall bear all expenses arising from the fact that another client or other person asserts his rights against the Lessor as a result of a delay in the delivery of the vehicle.
· The rental price of the optional accessories are derived from the list of prices of the Lessor and at the time of booking the client declares to know and accept expressly all of them.
· In case of returning the vehicle before the contracted rental period elapses, you must also pay the full rental price contractually agreed.
· The van is delivered with the fuel tank full and so must be returned. Otherwise, the Landlord will charge the customer the amount of fuel that is missing until the deposit is filled, increased by 100% for management expenses. All fuel and maintenance expenses will be charged to the customer during the rental period. The fuel of the vehicle is only DIESEL (excluding the use of BIODIESEL, expressly prohibited), so the client will pay all the expenses incurred as a result of using a fuel other than DIESEL.
· To return the vehicle in a place different from the one of the collection, a special agreement will be required with the Lessor and the payment of the amount corresponding to this service will be agreed before the picking up of the van.
7. Reservation and cancellation:
· The reservations will only be binding after confirmation by the Lessor and the subsequent payment by the Lessee of the 100% of the rent.
· In the case that the reserved vehicle is not available due to circumstances of force majeure, the Lessor reserves the right to replace the vehicle with an alternative without prior notice. The Lessor will determine if and how the client will be indemnify if the replacement of the vehicle is carried out.
· The Lessee, once received the confirmation of the availability of the vehicle by the Lessor, has a term of two business days. From this moment the reservation is binding for both parties. If the Lessee does not meet this deadline, it will be understood that the reservation has not been made.
When the reservation is binding, in case of cancellation of the same, the following will be established:
- Up to 60 days before the rental period: 25% of the total rental price.
- From 59 to 30 days before the rental period: 50% of the total rental price.
- From 29 to 7 days before the rental period: 75% of the total rental price.
- Less than 7 days before the rental period: 100% of the total rental price.
8. Terms of payment and deposits:
· The rental price of the planned van must be full-paid before the start date of the rental.
· The accepted forms of payment are: Bank transfer and credit card. All payments made by customers as well as the returns will be made in EUROS (?), preferably by bank transfer.
· Prior to the delivery of the vehicle both parties will sign the lease of the vehicle.
· Prior to the collection of the vehicle, the customer must pay the amount of SIX HUNDRED EUROS (600 ?), as a guarantee and as a guarantee of faithful compliance with the obligations of the lease.
· The return of the deposit will be effective as of the forty-eight (48) working hours following the return of the vehicle and after being examined by the Lessor, who in case of damages due to misuse or lack of any of the elements of the delivery inventory, will dictate the amount that the customer will pay. In case it is not possible to evaluate the damages immediately, the Lessor will have 60 days to effect the settlement and return the deposit if necessary or claim the difference between this and the cost of the damages. In case of a loss, the customer would lose the total amount of the deposit. If a payment of the rental price paid in advance is to be paid to the customer, this amount will be refunded together with the deposit.
· The deposit will be used to cover the cost of any loss or damage to the equipment, accessories, extras, repairs or negligent damage to the vehicle.
· The Lessee expressly agrees to pay the Lessor the amount of all penalties, fines, judicial and extrajudicial expenses derived from any traffic violations, whether administrative, criminal or of any other kind, that are directed against the vehicle or the Lessor derived from the validity of this rental agreement, unless they have been caused by the Lessor's fault.
9. Delivery and return of the vehicle:
· Prior to the delivery of the vehicle, a DELIVERY FORM will be drawn up, which will describe the status of the vehicle and inventory on board and which must be signed by both parties. The Lessor may refuse to deliver the vehicle until the vehicle's driving instruction has been completed.
· When returning the vehicle, a RETURN FORM shall be drawn up, to be signed by the Lessee and the Lessor, where the Lessee is obliged to perform a final review of the van together with the Lessor.
· A schedule for the deliveries and returns of the vehicles is established, which, as a general rule, will be made from Monday to Saturday, from 09:00 to 14:00 and from 16:00 to 19:00. The schedules that appear in the contract of rent will be considered those agreed upon. On Saturdays and Sundays only deliveries and returns can be made if a previous agreement has been reached. The day of delivery and return will add together one day, provided that in total they don't exceed 24 hours or only if they exceed them for reasons imputable to the Lessor.
· Any delay in the return, not authorized, will be penalized. Any justified cause of force majeure that prevents repayment on the agreed day must be communicated immediately to the Lessor to accept it; Otherwise, it will be considered an unauthorized delay.
· If the Lessee wishes to extend the lease, it must request / consult it to the Lessor with a minimum of two days before the end of the contract. The eventual confirmation of the extension will be subject to the availabilities that the Lessor has at the moment, not assuming therefore, any previous commitment.
· Any alteration of the rental dates must be previously authorized by the Lessor. The failure to comply with this condition entitles the Lessor to take over the vehicle or request it in court. The Lessor reserves the right to obtain the return of the vehicle at any time during the term of the lease, if its use contravened the provisions of the same or these general conditions.
10. Return status of the van:
When the van is returned it must be in the same state or the same in which it was received. Otherwise, the following charges will be applied:
- No outside cleaning 50?.
- No interior cleaning 100?.
- Stain in upholstery 150?.
- If the water tank has been used with another liquid or fuel 300?.
- If the fuel tank has been filled with another liquid or fuel 1000?.
- In case of loss of the keys or the vehicle documentation 200?.
- Burning or broken upholstery 500?.
11. Minimum age and authorized drivers
· The Lessee and each of the drivers must be at least 25 years old and hold the valid B1 driving license, with more than two years old or equivalent national permission. If you are not a resident of the EU you must be in possession of the current international driving license corresponding to that type of vehicle.
· Only drivers authorized and mentioned in the rental agreement may drive the vehicle.
· When the Lessee makes the reservation of the vehicle, he / she must provide a valid copy of the: National Identity Document (DNI) or, failing that, a passport or a European or an International Driving License or Credit Card valid for at least six months after the date of the rental of the vehicle. The lessee authorizes the Lessor to take any economic consequences of any personal infraction committed during the time the rent lasts, to be charged to his credit card within the next six months.
12. Personal data protection:
· In accordance with the provisions of the current legislation on the protection of personal data (Organic Law 15/1999 of December 13), the Lessor informs that the personal data provided voluntarily, will be incorporated in a confidential way in the database of the Lessor.
· Likewise, at registration, the client consents to the use of his/her personal data in order to inform him/her about services or products that may be of interest to him/her, respecting, in any case, the Spanish legislation on data protection. In case that the Lessor intends to transfer his personal data to third parties, he will first obtain his consent informing him of the purpose to which the data will be destined.
· To exercise the rights of access, rectification, cancellation or opposition, you must write to the email address: email@example.com or in writing to the postal address: Avenida Baleares nș 67-10, 46023 Valencia. If the Lessee breaches any of the conditions of this contract, the Lessor is authorized to disclose and deliver said data to third parties, insofar as this helps to carry out the pertinent actions.
· The parties expressly submit themselves to the jurisdiction of the Courts and Tribunals of the city of Ibiza (Spain). If there are differences between the different versions of the languages available for the general conditions, the Spanish version will prevail.