Through these legal conditions of contracting, we make available to the consumer the pre-contractual information referred to in article 6 of Directive 2011/83.
1. Scope of application, content of the contract, applicable law
1.1. Only the following General Business Conditions of Adventure Campers, its partners and licensees (hereinafter, the “lessor”) are valid. Those conditions of the lessee that differ or are contrary to the General Commercial Conditions of the Lessor will not be accepted. The latter will also be valid when the lessor unreservedly rents the motorhome to the lessee, even knowing the divergent conditions of the lessee.
1.2. The purpose of the contract formalized with the lessee is solely the rental delivery of the motorhome. The lessee will not owe the benefits of the trip nor, above all, all of the latter.
1.3. In case of reservation, between the lessee and the lessor(s), a rental contract governed exclusively by Spanish law will be formalized. The lessee will organize his trip himself and will use the vehicle at his own risk. The rental contract will be limited to the agreed duration. The tacit extension of the rental contract for an indefinite period due to continued use is excluded.
1.4. All agreements between the landlord and the tenant will be made in writing.
2. Minimum age, authorized drivers
2.1. The renter and each of the drivers must be at least 25 years old. And be in possession of a class B driving license with more than two years of seniority or the corresponding national license. If you are not a resident in the EU, you must be in possession of an international driving license.
2.2. All our vehicles weigh 3500 kilos and are allowed to drive with a B license.
- If at the time of delivery of the rented motorhome you do not have the driving license that corresponds to the rented vehicle, it will be considered that the motorhome has not been picked up; in this case the relevant cancellation conditions will apply (see section 4.2).
2.4. Only the renter and additional drivers who have registered at the rental station may drive the vehicle.
3. Rental prices and calculation, rental duration
3.1. The rental prices are derived from the lessor’s price list in force at the time of making the reservation. The minimum established rental period during certain times of the year, is also derived from the lessor’s price list in force at the time of making the reservation. Depending on the rental days reserved, the prices that appear on the list for the corresponding season will be valid.
3.2. The rental prices of the optional accessories are derived from the lessor’s price list in force at the time of formalizing the contract.
3.3. The minimum rental is three days, holidays full dates and high season seven days.
3.4. The corresponding rental prices include: VAT, unlimited mileage for rentals of more than 14 days, all-risk insurance according to the corresponding insurance coverage (see section 11 below).
3.5. The rental period begins with the collection of the motorhome by the lessee at the rental center and ends with the collection of the vehicle by the employees of the rental center.
3.6. If the motorhome is returned after the time agreed in writing has elapsed, the lessor will compute €29.00 per hour of delay (however, at most for each day of delay, the price will be that corresponding to a whole day). The lessee will assume the expenses derived from the fact that another lessee or another person asserts their rights against the lessor, due to a delay in the delivery of the vehicle, attributable to the lessee.
3.7. If the vehicle is returned before the contracted rental period has elapsed, the full contractually agreed rental price must also be paid.
3.8. The motorhome is delivered with a full fuel tank and must be returned that way. Otherwise, the lessor will charge €2.40 gross per liter of diesel fuel. The lessee will bear the cost of fuel and operation during the rental period.
3.9. To return the vehicle to a center other than the collection center, a special agreement with the lessor and the payment of the amount corresponding to this service will be required, which will be agreed before the motorhome is collected.
4.1. Reservations will only be binding after confirmation by the lessor, according to section 4.2. and exclusively for vehicle groups, not for vehicle models. This also applies when a specific model is indicated as an example in the description of the vehicle group.
4.2. Once the lessor has delivered the written confirmation of the reservation, a deposit of 30% of the total rental amount must be paid within the period indicated in the binding offer, which will be within a maximum period of ten days. From this moment the reservation will be binding for both parties. In the event that the tenant does not meet this deadline, the reservation will cease to be binding on the lessor.
In the event that the client terminates the binding reservation, the latter must pay the following cancellation fees calculated from the first confirmed reservation:
- Up to 50 days before the start of the rental, 15% of the rental price.
- Between 49 and 31 days before the start of the rental, 50% of the rental price.
- Less than 30 days before the start of the rental, 100% of the rental price.
- In case of not picking up the vehicle, 100% of the rental price.
5. Terms of payment, deposit
5.1. The expected rental price based on the reservation dates must be deposited in the account that the lessor will provide to the lessee, no later than 30 days before the start of the rental.
5.2. At the latest, at the time of collection of the vehicle, the lessee must pay the amount of €700 by means of payment accepted by the lessor, Credit/debit card to bank transfer, as a deposit and as a guarantee of the faithful fulfillment of the obligations of this contract.
5.3. For short-term bookings (less than 14 days prior to rental date), the deposit and rental price are due immediately.
5.4. The deposit will be returned after the vehicle has been examined by a person in charge of the leasing company, who, in the event of damage due to misuse, will determine the amount that the client must pay. This amount will be deducted from the deposit deposited, the tenant accepting the payment of the difference if the cost of the damage exceeds the value of the deposit deposited. If it is not possible to assess the damage immediately, the lessor will have 30 days to make the settlement and return the deposit, if applicable, or claim the difference between it and the cost of the damage. In the event of an accident, the amount of the comprehensive insurance excess will also be deducted from the deposit. In the event that compensation of the rental price paid in advance has to be paid to the tenant, said amount will be returned together with the deposit.
5.5. The lessee expressly agrees to pay the lessor:
- At the time of the return of the vehicle, the amount of the mileage for three-day rentals, calculated according to the current rate, and/or the additional charges arising from the application of these General Rental Conditions.
- The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic violation or of any other kind, which are directed against the vehicle, the lessee or lessor, derived from the term of this rental agreement, unless have originated through the fault of the lessor.
- In the event that due to the fault of the lessee the vehicle is retained or seized, all expenses will be borne by him, including the loss of profits of the leasing company during the time the vehicle is immobilized.
- Expenses incurred by the lessor (including lawyers’ and solicitors’ fees) in claiming the amounts owed by the lessee under this contract.
- The vehicle has an all-risk insurance with excess (does not influence the personal effects of the lessee and companions). In the event of an accident or theft, the lessee will be responsible for the amount of €700 per claim.
5.6. If the lessee is late in payments, default interest will be applied in accordance with current legal provisions.
6. Delivery and return of the vehicle
6.1. Before starting the trip, the lessee is obliged to follow the instructions given by the lessor’s technical staff at the delivery point. Likewise, a delivery certificate (Check Out) will be prepared in which the condition of the vehicle will be described and which must be signed by both parties. The lessor may refuse to deliver the vehicle until the vehicle has been inspected.
6.3. As a general rule, the deliveries of the vehicles will be made from Monday to Friday, from 9 a.m. to 7 p.m.; Returns from Monday to Friday from 10 a.m. to 8 p.m. The times that appear in the rental contract will be considered as agreed. On Saturdays, deliveries and returns can only be made if a prior agreement has been reached.
6.4. Unauthorized delays in the return will be penalized with a daily rate of three times the amount applied in the contract. Any justified cause of force majeure that prevents the return on the agreed day, must be immediately communicated to the lessor so that he accepts it; Otherwise, it will be considered unauthorized delay.
6.5. If the tenant wishes to extend the lease, he must request it from the landlord at least three days before the end of the contract. The eventual confirmation of the extension will be subject to the availabilities that the lessor has at this time, therefore the latter will not assume any previous commitment.
6.6. Any alteration of the rental dates must be previously authorized by the lessor. Failure to comply with this condition empowers the lessor to take charge of the vehicle or require it judicially. The lessor reserves the right to obtain the return of the vehicle, at any time during the term of this contract, if its use contravenes the provisions of the same.
6.7. In the return of the vehicle at the end of the rental, in which the lessee is not present at the inspection of the same for reasons attributable to him, delivery by mailbox or non-availability, and damage to the vehicle is appreciated, the lessee accepts the valuation of the damages resulting from the inspection carried out by the lessor’s personnel.
6.8. The vehicle will be returned clean inside and with empty wastewater and toilet tanks. Otherwise, a supplement will be charged, according to the rates established for it, for cleaning.
6.9. The fact of filling the drinking water tank with diesel or other fuel, or the diesel tank with water or other fuel, will imply a penalty of €700.
7. Prohibited uses, maintenance and protection obligations
7.1. The lessee acknowledges that he receives the vehicle in perfect mechanical condition, provided with the necessary documentation and with the appropriate tools, tires and accessories and undertakes to keep it in good condition. He undertakes to always respect the obligations and limitations of the current Traffic Code and undertakes to:
- Do not allow other people to drive it other than the same or those who are expressly authorized.
- Do not carry more passengers than those specified in the vehicle documentation.
- Do not sublet or transport people for commercial purposes or any other use that is not included in the contract.
- Do not transport any type of merchandise, drugs, toxic or flammable products.
- Do not assign its use to third parties for free or for profit and do not help criminals.
- Do not commit crimes, even if these are only punished according to the legislation in force at the place of the events.
- Do not drive the vehicle in inferior physical conditions caused by alcohol, drugs, fatigue or illness.
- Do not travel outside the road network or on any unsuitable terrain, nor participate with the vehicle in sports, endurance, races or other events that may damage it.
- Do not use it to push or tow other vehicles or trailers.
- Do not unseal or manipulate the odometer, and must immediately notify the lessor of any breakdown in it.
- The lessor is only authorized to circulate with the vehicle leased by EUROPE AND BORDERING COUNTRIES.
To travel to Morocco, the express authorization of the rental station is essential.
It is expressly prohibited to travel to any country that is in war or armed conflicts.
Have the vehicle properly parked and guarded when not in use and protect it from deterioration due to frost, hail or any other atmospheric phenomenon likely to cause significant damage.
• The lessee is expressly prohibited from changing any technical characteristic of the vehicle, the keys, locks, equipment, tools and/or accessories of the vehicle, as well as making any changes to its exterior and/or interior appearance, unless expressly authorized in writing by the lessor. . In case of violation of this article, the lessee will bear all the costs of reconditioning the vehicle to its original state, and must also pay compensation for the immobilization of the vehicle until its total repair.
7.2. The vehicle must be properly cared for and treated, as well as properly locked. The technical standards must be taken into account, as well as the determining provisions for use. The condition of the vehicle must be checked, especially the level of water and oil, as well as the tire pressure. The lessee undertakes to regularly check if the rental motorhome is in perfect condition to circulate safely.
7.3. Smoking is prohibited in all vehicles. Pets may be brought as long as the lessor has given his express authorization. The cleaning expenses, derived from any breach, will be borne by the lessee. Likewise, the latter must assume the expenses derived from the ventilation or the elimination of the smell of tobacco, including the losses generated by the impossibility of renting the vehicle for some time due to this reason.
7.4. In case of verifying that the provisions of the previous paragraphs have been infringed. 7.1., 7.2. and 7.3, the lessor may immediately terminate the rental agreement.
8. Behavior to follow in case of accident
8.1. In the event of an accident, theft, fire or damage caused by game animals, the renter must immediately inform the police and the lessor by calling the telephone number of the rental center (the telephone number is stated in the rental contract), at the latest the business day following the day of the accident. Contrary claims will not be accepted.
8.2. Responsibility for the event will never be recognized or prejudged, except for the “Friendly Declaration of Accidents”. The lessee must obtain all the data from the opposing party and from the witnesses, which together with the details of the accident, will be sent to the lessor within the indicated period. Immediately notify the authorities of the accident if the opposing party is at fault. The accident report must be delivered duly completed and signed at the latest at the time of returning the vehicle to the lessor. The document must include the name and address of the people involved, their driver’s license data, the data of the opponent with the name of the Insurance Company and the policy number, the data of any witnesses, as well as the license plates of affected vehicles.
8.3. In case of robbery or theft of the vehicle, it will be reported to the competent authority immediately, communicating it and sending a copy of the complaint to the lessor, together with the vehicle keys, within a maximum period of 24 hours; Otherwise, the contracted insurance and coverage will be null and void.
8.4. Even in uncontested damage, regardless of its seriousness, the tenant must draw up a comprehensive written report for the landlord together with a sketch. If the renter does not make the report – no matter what the reason – and thus prevents the insurance company from paying the damage, the renter will be obliged to pay the corresponding amount in full.
8.5. Do not leave the vehicle without taking the appropriate measures to protect and safeguard it. Contact, if necessary, the Roadside Assistance Company contracted with the Insurer.
8.6. In the event of non-compliance by the lessee with any of these measures, if applicable, the lessor may claim from the lessee damages caused by the latter’s negligence, including the loss of profits of the leasing company during the time the vehicle is immobilized.
9. Motorhome defects
9.1. The rights to compensation for damages of the lessee for defects not attributable to the lessor are excluded.
9.2. When returning the vehicle, the lessee must indicate in writing to the lessor the defects that he has detected in the motorhome or its equipment once the rental period has begun. The rights to compensation for damages in case of defects indicated later are excluded, unless said claim is motivated by non-obvious damage.
10. Repairs, replacement vehicle
10.1. The normal mechanical wear of the vehicle is assumed by the lessor. When the duration of the route or the state of the roads advise it, the necessary maintenance operations will be carried out in an official service of the chassis-engine brand.
10.2. Stop the vehicle as soon as possible when any warning light comes on that indicates an anomaly in the operation of the vehicle, having to contact the lessor or the Assistance Company arranged by the lessor and only with this, having to go exclusively to an official service of the brand of the chassis-engine, unless expressly authorized by the lessor.
10.3. The lessee may order those repairs that are necessary to guarantee safety during the operation and circulation of the vehicle during the rental period and that do not exceed €150. For this, it will only be necessary to have the approval of the lessor. The latter will assume the costs of the repair if the original supporting documents and the replaced parts are delivered, provided that the lessee is not responsible for the damage according to par. 11. Damages affecting tires are excluded from this rule.
10.4. In the event that a repair of these characteristics is necessary due to damage attributable to the lessor and the lessee is not in charge of solving it, the latter must promptly notify the lessor of the damage in question and grant a reasonable period for its repair. The lessor will not be responsible for the specific conditions of each country (eg infrastructure), which lead to a delay in carrying out the repair.
10.5. In the event of any breakdown of the elements of the passenger compartment, the lessee must immediately notify the lessor, from whom he will receive the appropriate instructions for its repair. 10.6. In the event that, without any fault on the part of the lessee, the motorhome suffers serious damage or it is anticipated that the vehicle will not be able to be used for a long period of time or must be withdrawn from circulation, the lessor, if he is available to put disposal of the lessee within a reasonable time, a replacement vehicle equivalent in the number of seats or higher, a termination of the contract would be excluded.
10.7. In the event that the lessee is at fault, the motorhome suffers serious damage or it is anticipated that the vehicle will not be able to be used for a long period of time or must be withdrawn from circulation, the lessor may refuse to offer a replacement vehicle. In this case, a termination of the contract by the tenant is excluded. If the lessor is available to make a replacement vehicle available to the lessee, he may charge the lessee for any expenses derived from it.
11. Renter’s responsibility, comprehensive insurance
- Renter’s responsibility, comprehensive insurance
11.1. According to the principles of comprehensive insurance, in the event of comprehensive damage, the lessor will exempt the lessee from liability for material damage, with a deductible of €700, which the lessee must assume.
11.2. The lessee, under no circumstances, will be exempt from his responsibilities, civil, administrative, criminal or of any kind that are the consequence of an accident or malicious behavior.
11.3. The exemption from liability indicated in section 11.1 will have no effect if the lessee omits any of the rules indicated in all the points of section 8.
11.4. The exemption of responsibility of the apdo. 11.1 will not proceed in the event that the lessee has caused damage premeditatedly or negligently.
11.5. Likewise, the lessee must respond in case of malicious behavior in the following cases:
- If the lessee does not respect the regulations and the traffic code in force, of the country where he is circulating.
- If the damage is due to reckless driving under the influence of drugs or alcohol.
- If the lessee or the driver, to whom the lessee has left the vehicle, flees in the event of an accident.
- If the lessee, contrary to the obligation established in par. 8, does not notify the police in the event of an accident, except in the event that the infraction has not influenced the verification of the reasons for the damage or the extent of the latter.
- If the lessee violates other obligations of par. 8, except in the event that this infringement has not influenced the verification of the reasons for the damage or the extent of the latter.
- If the damage is due to a prohibited use in par. 7.1.
- If the damages are due to a breach of the obligation established in par. 7.1.
- If the damage has been caused by an unauthorized driver, to whom the lessee has left the vehicle.
- If the damage has been caused by not taking into account the dimensions of the vehicle (height, width, length).
- If the damage is due to a breach of the provisions relating to the additional load.
11.6. The lessee will be responsible for all expenses, fees, fines and penalties related to the use of the vehicle, which are claimed from the lessor, except if it is due to causes attributable to the latter.
11.7. If there are more tenants, they will respond as joint debtors.
12. Responsibility of the lessor, prescription
12.1. The lessor delivers the vehicle in perfect condition, having carried out all the checks and maintenance necessary for its proper functioning. He will not be responsible for mechanical failures or breakdowns due to normal deterioration of the same, nor is he responsible for expenses, delays or damages in any way produced, directly or indirectly, as a result of such failures or breakdowns.
12.2. If due to force majeure, fortuitous reasons or reasons beyond the control of the lessor, the vehicle could not be delivered on the agreed date, this will not give the right to any compensation, except for the return by the lessor to the lessee of the amount paid as a reservation. .
12.3. The lessor does not assume any responsibility before the lessee, on the lessee’s car that is, as free parking, in the lessor’s premises during the rental period of the motorhome.
12.4. The lessor will be liable unlimitedly in case of intent and gross negligence. If it is a matter of slight negligence, the lessor will only respond in a limited way to the foreseeable damages established in the contract, to the extent that an obligation whose fulfillment is of special importance to achieve the object of the contract (cardinal obligation) is breached. This measure of responsibility will also be valid in cases where obstacles arise for the provision of services when formalizing the contract.
12.5. The General Commercial Conditions displayed in the rental center at the time the rental period begins will be valid.
In case of litigation derived from or related to the motorhome rental contract, it is agreed that the jurisdiction will be that of the corresponding rental center.