Motorhome rental service

1.1. The purpose of the contract drawn up with LESSEE is exclusively the handing over for rental purposes of the campervan specified in the Special Conditions (henceforth SC) for the period stipulated in the latter.

1.2. The LESSEE will organise his journey and will make use of the vehicle which will be his exclusive responsibility. S/he will be responsible for all expenses deriving from the use of the vehicle, such as fuel, parking fees and motorway tolls, as well as for all fines or penalties imposed.

1.3. The rental contract will be regulated solely by the SC and by these General Conditions (henceforth GC) and Spanish Law alone will be applicable to the contract. Any additional agreement or clarification will only be valid if it is drawn up in writing and duly signed by both of the interested parties.

2.1. Only the Drivers stipulated in the SC, who must be over 25 years of age and have been in possession of a Driver’s License for at least two years, are entitled to drive the camperman. If these drivers are not EU residents they must hold and international driving license.

2.2. In order for the campervan to be handed over it will be necessary for the LESSEE to present valid original document Driving Licenses.

3.1 The initial rental price will be paid in full before the campervan is handed over and it will the amount established in the SC which includes VAT and a fully comprehensive insurance policy with excess. The initial price will increase by 0.20 euros/km if a greater number of kilometres are driven to that which is stipulated in the SC. It will also increase if the surcharges established in these GC for cleaning, empty deposits, fuel, damage etc are applicable and all of this will be payable at the end of the rental period.

3.2 When the LESSEE makes the payment s/he must authorise that his/her credit be charged and blocked for deposit purposes with the amount established in the SC.

The rental period will be that which is established in the SC starting with the handing over of the campervan and finalising at the agreed return time.

5.1 The motorhome will be handed over at the installations of the LEASING COMPANY from the time established in the Reservation, unless other pick-up arrengements have been agreed in the SC.

5.2 At the time of pick-up a member of the LEASING COMPANY staff will instruct the LESSEE and the authorised drivers about the most important aspects of the use of the campervan, responding to any questions that may be asked and making suitable clarifications. Furthermore, both parties will sign a record of delivery which details the condition of the vehicle and its equipment.

5.3 The campervan is handed over fully cleaned, with its fuel and water tanks full and sewage tanks and WC empty and clean, and the LESSEE has the obligation to return the vehicle in the same condition with complete and clean equipment.

5.4 The LESSEE may not claim compensation for any defects which do not feature in the Delivery Record.

6.1. The LESSEE acknowledges that s/he receives the campervan in perfect condition in terms of mechanics and usage, equipped with all the necessary documentation and with all the appropriate tools, tyres and accessories and s/he makes a commitment to keep the vehicle in the same good state. S/he furthermore undertakes to respect the obligations and limitations established in the traffic regulations, in particular:

1. Not to allow the campervan to be driven by anybody other than the authorised drivers registered in the SC.
2. Not to carry more passengers than those specified in the vehicle’s documentation or to exceed the maximum load established in the latter.
3. Not to sublease the vehicle or transport persons for commercial purposes or make any other use of the vehicle which is not included in the contract and not to use the campervan to commit any type of criminal offence.
4. Not to transport any kind of merchandise, drugs, toxic or inflammable products, or use the vehicle for any illegal purpose.
5. Not to allow third parties to use the vehicle either free of charge or for a payment, or to sell, mortgage, hand over or transfer this contract, the entire campervan or any part of its equipment or accessories.
6. Not to drive the vehicle or allow the vehicle to be driven by anybody who is physically impaired for any reason, in particular due to alcohol, drugs, fatigue or illness.
7. Not to drive the vehicle off the road network or on any inappropriate terrain, or participate with the vehicle in sporting, resistance, racing or any other events which could damage it.
8. Not to use the vehicle to push or tow other vehicles or trailers.
9. Not to unseal or tamper with the mileage indicator or any other instrument and to inform the LEASING COMPANY immediately of any instrumentation failure.
10. Not to drive the vehicle outside the following countries without the specific authorisation of the leasing company, and not to drive in any of these countries if they are in a state of war or in a pre-war situation: Germany, Andorra, Austria, Belgium, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Slovak Republic, Slovenia, Spain, Finland, France, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland.
11. To keep the vehicle correctly parked and guarded.
12. To make no changes to any technical feature of the vehicle, to the keys, locks, equipment, tools and/or accessories of the vehicle and not to modify the vehicle’s external and/or internal appearance in any way.

6.2 The water from the water supplies may be “undrinkable” and for this reason it is forbidden to drink water direct from the taps.

6.3 It is totally forbidden to smoke in the campervan.

6.4 The vehicle must be treated and cared for appropriately, and properly locked up. The technical rules and provisions for the use of the campervan should be taken into account at all times. The condition of the vehicle should be monitored carefully, especially water and oil levels as well as tyre pressure. Any malfunction detected in the use of the vehicle must be immediately communicated to the LEASING COMPANY.

Any breakdown cost or other expense deriving from the misuse of the vehicle will be charged to the LESSEE who will be obliged to pay for it.

7.1 The monitoring and positioning in the campervan of persons and pets should be carried out using strict safety criteria at all times. When on the move, all passengers should remain seated at all times with their seat-belts correctly fastened.

7.2 The LESSEE will ensure that while the passengers are inside the vehicle there is sufficient ventilation from outside at all times.

7.3 The LESSEE will make sure at all times to check that the gas rings, when they are not in use, are turned off, as is the main gas supply switch.

7.4 The vehicle must always be parked in safe places, and if possible the nights should be spent in secure campsites which have a good reputation or have areas under surveillance, and the necessary safety measures must be taken to avoid accidents, robberies, thefts and all any other kind of incidents.

8.1 In the case of accident, robbery, fire or damage caused by third parties, the LESSEE must immediately inform the police and the LEASING COMPANY by ringing the telephone number of the main office, at the latest on the working day following the incident in question.

8.2 The “Amicable Accident Report” must be completed without making any pre-judgement or acknowledging responsibility for the accident. All the details of the other party involved in the accident should be obtained as well as those of any witnesses. A copy of the aforementioned Report, together with details about the accident, will be send by the LESSEE within the established time limit to the LEASING COMPANY. The original Report should be handed in to the LEASING COMPANY, duly completed and signed, on the return of the vehicle.

8.3 In the case of robbery or theft from the vehicle, this must be reported immediately to the competent authority, and a copy of the complaint filed must be sent to the LEASING COMPANY, together with the keys of the vehicle, within a maximum of 24 hours.

8.4 If the vehicle is damaged without third-party involvement, regardless of the seriousness of the damage, the LESSEE must draw up a written report for the LEASING COMPANY with a sketch of the location and circumstances of the damage. The LESSEE will pay for the repair work if the insurance company refuses to pay due to the lack of a report.

8.5 If necessary the LESSEE must contact the Breakdown Assistance Company contracted for the purpose by the Insurance Company.

8.6 When any kind of damage or harm is caused to the LEASING COMPANY due to non-fulfillment on the part of the LESSEE of any of the previous measures, the former may claim for any such damage from the latter, including for lost income during the period that the vehicle is immobilized.

9.1 The Lessee has no right to compensation for damage for defects for which the Leasing Company is not responsible. 

9.2 When returning the vehicle the Lessee must indicate to the Leasing Company any defects which have been detected in the motorhome or its equipment from the start of the rental period. In the case of defects indicated at a later stage there will be no right to compensation.

10.1 Normal mechanical wear to the vehicle will be covered by the LEASING COMPANY. When the length of the trip in question makes it advisable or necessary, maintenance work is to be carried out by an official agent of the chassis-engine of the vehicle.

10.2 When there is an indication of a fault with respect to the vehicle’s functioning, the vehicle must be stopped and the LEASING COMPANY or Breakdown Assistance Company exclusively contracted for the purpose must be contacted, and an official agent of the chassis-engine of the vehicle must be contacted.

10.3 The LESSEE may place an order, with the written consent of the LEASING COMPANY, for whatever repairwork is necessary to guarantee the correct functioning and safety of the vehicle during the rental period. In such cases, the LEASING COMPANY will cover the cost of the repairwork as long as original receipts and proof of payment for the spare parts are handed in and as long as the damage in question is not attributable to misuse of the vehicle of the part of the LESSEE.

Excluded from this regulation is any damage to the tyres, repairs for blowouts, punctures or “pinching”, and damage caused to the rims.

10.4 In the case of faults in the passenger compartment, the LESSEE must immediately inform the LEASING COMPANY which will provide the appropriate instructions for repair.

10.5 If the campervan is immobilized through no fault of the LESSEE, s/he may not rescind the contract if the LEASING COMPANY provides within a reasonable period of time a similar substitution vehicle in terms of having the same or more passenger places.

10.6 If the campervan is immobilized through the fault of the LESSEE, s/he may not rescind the contract. If the LEASING COMPANY has a substitution vehicle available for the LESSEE, it may charge the Lessee for any expenses deriving from this.

The LESSEE must return the campervan at the place, on the day, and before the time established in the SC.

11.2 Returning the campervan after the agreed time will entitle the LEASING COMPANY to charge 30 € for each hour’s delay. However, for each day’s delay, the maximum applicable price will be three times the daily rate that is established in the SC. Furthermore, the LESSEE will be responsible for all expenses deriving from the harm caused by the delay to another lessee who insists on his contractual rights before the LEASING COMPANY owing to a delay in the handing over of the vehicle due to the fault of the LESSEE.

11.3 The return of the vehicle prior to the date established in the SC will not entitle the LESSEE to any discount on the agreed price.

The campervan is to be returned clean and in the same condition as it was when it was handed over. On returning the vehicle, the LESSEE is obliged to carry out a final inspection of the campervan with employees of the LEASING COMPANY and to fill in the vehicle return form. Any damage which does not feature in the vehicle return form, but which is detected when the vehicle is returned will be charged to the LESSEE. 

11.5 The LEASING PARTY reserves the right to demand that the vehicle be returned at any time during the duration of the contract if the use of the vehicle is in any way contrary to the terms of the contract.

12.1 The LESSEE acknowledges that certain specific behaviour or negligence on his/her part with respect to the use of the campervan can result in substantial costs and harm to the LEASING COMPANY and therefore agrees to the following financial sanctions:

1. Putting water, petrol or any other liquid in the deisel tank of the vehicle leading to the breakdown of the vehicle: 1000 €.
2. Putting deisel fuel, petrol, oil or any other liquid other than water into the water tank resulting in the need for the latter to be specially cleaned out: 1000 €.
3. Putting Adblue in the deisel tank: 1000 € if the engine does not start and 6.500 € if it does.
4. Losing the keys of the vehicle: 220€; losing the vehicle documentation: 200€

12.2 If the LESSEE does not return the campervan in the same conditions of cleanliness to those in which it was handed over, s/he will be liable to the following payments:

1. For not cleaning the inside of the campervan and its equipment: 150€
2. For not emptying the WC sewage deposits: 50 € for each of them.

12.3 If anybody has smoked inside the campervan a fine of 100€ will be payable.

12.4 The campervan is handed over with a full fuel tank and it must be returned in the same condition. Otherwise, 1.50€ will be charged per litre of fuel lacking in the tank.

13.1. When the campervan is returned the LESSEE will pay for any mileage excess as specified in the THIRD Clause; the expenses, costs and sanctions referred to in the NINTH Clause, including anything that is known at the time to be chargeable against the insurance excess; sanctions for the delay in the return of the vehicle as foreseen in the ELEVENTH Clause; any penalizations and other expenses for cleaning and fuel as foreseen in the TWELFTH Clause which can be demostrated at the time of the vehicle’s return, and any other payments pending as foreseen in this contract.

The credit card charge corresponding with the deposit will be unblocked in a maximum of ten working days after the return of the campervan, once all outstanding charges have been deducted, except if during the period in question any damage caused to the vehicle has not been duly assessed or receipts for sums owing by the LESSEE have not as yet been obtained. The costs, expenses and penalizations referred to in the aforementioned subclause 13.1 will be discounted from the deposit if they have not been paid on the return of the vehicle.

13.3 If the amount of the costs, expenses and penalizations owed by the LESSEE in accordance with the previous subclause excedes the amount of the deposit made, the LEASING COMPANY will inform the LESSEE of the necessary settlement of all the sums in question. If this is the case the LESSEE will have one month to settle whatever is owing. If the full amount has not been paid within a month a 0.1% daily interest charge will be applied to all sums owing by the LESSEE to the LEASING COMPANY.

13.4 The LESSEE makes a specific undertaking to pay the LEASING COMPANY:

1. All the costs, expenses, charges for damage and sanctions established in this contract and which correspond to the LESSEE.
2. For any harm or damage caused by abandoning the vehicle. The vehicle is considered abandoned when it is left in a place which is different to that which has been agreed for its return.
3. All costs and expenses deriving from the holding or seizing of the vehicle when this comes about through the fault of the LESSEE, including any revenue lost by the LEASING COMPANY during the time that the vehicle is immobilized.
4. Expenses incurred by the LEASING COMPANY (including legal fees) when claiming for monies owed by the LESSEE by virtue of this contract.

13.5 The vehicle comes with a fully comprehensive insurance policy with an excess of 700€, but this does not cover the personal belongings of the LESSEE and other passengers. In the case of accident or theft, the LESSEE will be liable to a charge of up to 700€.

14.1 The LEASING COMPANY will not be responsible for mechanical failures or breakdowns due to the normal deterioration of the vehicle, or for expenses, delays or harm caused in any way, either directly or indirectly, as a result of any such failings or breakdowns.

14.2 For the duration of the campervan rental period the LESSEE will be provided with a parking space for his/her private vehicle. This service is free of charge but the LEASING COMPANY will not be responsible under any circumstances for any theft or robbery or the loss of the private vehicle.

In order to fulfill the provisions of the General Regulations on Data Protection (EU) 2017/679 of the 27th April 2016, and in accordance with Organic Law 3/2018 of the 5th December concerning the Protection of Personal Data and the guaranteeing of digital rights, the LESSEE is hereby informed that the data provided by him/her within the framework of this contractual relationship may become part of the files owned by the LEASING COMPANY to be used for the maintenance, management and administration of the company’s contractual relationship with the LESSEE, such as the sending of information considered to be of interest to the latter by means of email, post or any other channel of communication. The LESSEE authorises and consents to the transfer of his/her data for the management and administration of relations with the LEASING COMPANY, notwithstanding his/her entitlement to exercise his/her rights of access, rectification, cancellation and opposition.

16.1 These GC form an integral and indivisable part of the SC drawn up and signed by both parties.

16.2 In the case of litigation deriving from or related to the campervan rental contract, it is agreed that the Courts of Azpeitia will hold jurisdiction.