Campervan Rental Spain General Terms and Conditions of Rental
The reservation and rental of a camper van owned by Rosa Agudo (lessor) and whose business name is Mad Campers (hereinafter MC) implies the acceptance of the following general conditions by the client.
1. Minimum age and authorized drivers
1.1. Drivers must be at least 25 years old and be in possession of a valid class B driving license and must have at least 2 years of experience. If the traveler is not an European resident, he/she will have to present a valid international driving license.
1.2. If at the time of delivery of the camper van the client does not have the required driving license, it will be considered for all purposes that the client has not complied with the specified requirements, for which the reservation cancellation conditions will apply, binding without right to compensation or refund of any kind.
1.3. At the time of booking the vehicle, the driver must show any identity document or passport, European driving license, in its absence international driving license and credit or debit card valid for the next 6 months from the date of the vehicle rental.
1.4 The client expressly authorizes to MC to charge the cost of any economic consequences of any infraction committed during the rental period be charged into his/her card in the following twelve months.
2. Duration of the rental, collection and return
2.1. The minimum duration of the rental will be two days with no limit on the maximum duration.
2.2 The vehicles are rented for full days, taking into account the time of collection and return.
23. Collection after the agreed period or delivery before it is the responsibility of the customer, so they will not receive any refund or discount.
2.4 If the traveler does not show up at the agreed time for the pick-up, the MC staff will wait a maximum of 2 hours. After that period MC will have the right to cancel the reservation with no refund of any kind for the traveler.
2.5 The delay in the return of the vehicle according to the agreed date, will imply a daily penalty of 10 times the price per day paid. Likewise, the client must assume the possible expenses caused by said delay (specifically those derived from the delay suffered in the reservations of other clients).
2.6 The rental price will be calculated for the total of the reserved period, if the client wishes to make any extension or change of the reserved period, he/she may do so before the start of the rental or during it. Changes will be subject to vehicle availability.
2.7 Pick-up and drop-off times and locations will be subject to the availability of MC staff. In the event that there is no availability of personnel to deliver the vehicle at the selected time or at the chosen location, MC will leave the vehicle ready for collection in the Reus train station car park. The keys will be left in a security padlock whose code will be given to the traveler once the online rental contracts have been filled out and documentation (DNI or equivalent and driver’s license) is sent to MC by email or WhatsApp. The explanations of the operation of the camper will be sent in a video or will be explained by video call. The traveler must sign and send a photo of the hard copy of the contract that he/she will find in the vehicle. MC will take photos of the parked vehicle before it is picked up. The traveler will be able to take photos at the precise moment of the pick-up and send them by WhatsApp or email to MC. Otherwise, it will be considered that the condition of the vehicle at the time of delivery corresponds to the photos taken by MC.
2.8 The return of the vehicle may be made to MC staff. If it is not possible due to lack of availability or also because it is done outside the stipulated hours, the vehicle may be left parked in the public car park of the Reus train station or surroundings. In this case, the traveler must: i) park the vehicle correctly in the car parks available at the Reus train station or surroundings (any infraction caused by incorrect parking in the process of returning the vehicle will be borne by the traveler), ii) close all doors of the vehicle correctly, iii) leave the keys of the vehicle inside out of sight, iv) sign his/her copy of the return contract by filling in the reading of the odometer at the time of arrival and send a photo to MC via WhatsApp or email, v) send via WhatsApp or email photos or video of the exterior of the vehicle where the state of the vehicle can be clearly seen throughout its perimeter. This has to be done once the vehicule is parked and locked and not before. In the event that at the time of return the traveler does not carry out these points, any possible damage found in the vehicle will be the sole responsibility of the traveler.
3. Review of the state of the vehicle
3.1 Before starting the trip, MC will give some basic instructions on the operation of the camper vans. Likewise, a delivery certificate will be drawn up describing the condition of the vehicle and inventory on board and which must be signed by both parties.
3.2 When returning the vehicle, the client and the lessor will carry out a review and a return certificate will be signed indicating the possible damages, if any.
3.3 The vehicle will be delivered clean and with the fuel and water tank full. The vehicle must be returned in the same conditions.
3.4 If the vehicle is returned dirty, MC will charge an amount of 60 euros for cleaning it, which may be charged to the card or taken from the security deposit.
3.5 If the vehicle is not returned with a full tank, the MC staff will fill the tank at the time of collection and the amount will be charged from the traveler’s card or deducted from the security deposit, plus an amount of 15 euros per expenses.
4. Reservations and cancellations
4.1 The reservations will be effective after the payment of 25% of the amount or the total amount of the rental.
4.2 The reservation implies the mandatory contracting of an all-risk insurance with franchise that will have an added cost of 9 euros per day (insurance price included in the final cost of the reservation).
4.3 Any reservation implies the collection of a security deposit in order to cover any eventuality that may arise during the rental. This deposit will be 900 euros in all vehicles. The deposit will be withheld on the debit or credit card one week before the start of the rental and will be returned one week after the end of the rental, as long as there has been no incident. The vehicles will not be delivered if said deposit is not available, therefore, if at the time of delivery and for whatever reason, the deposit has not been able to be withheld, MC may cancel the reservation without the right to any refund to the traveler.
4.4 In the event of an incident, breakage, misuse of equipment, etc., the deposit will be retained until its resolution. In the event that the repair cannot be immediate, a budget will be requested to the mechanic and the remaining amount will be reimbursed to avoid full deposit retention for long periods of time. If the damage exceeds the amount of the deposit and/or is not covered by insurance (eg damage to the campervan equipment), the client agrees to bear said costs. In case of necessity of using the full cover insurance, the deposit will be used as payment of the franchise.
4.5 The reservation of an MC camper van can be canceled by the client, said cancellation will be subject to the following withholdings:
· For cancellations more than 20 days in advance, 100% of the amount paid for the reservation will be refunded.
· For cancellations made between 20 and 10 days in advance, 50% of the amount paid for the reservation will be withheld.
· Cancellations made less than 10 days in advance will imply the retention of 100% of the amount of the reservation paid.
5. Payment terms
5.1 The rental price of the camper van must be paid in full one week before the rental start date. Payment can be made by credit or debit card, cash, Bizum or PayPal. In the case of short-term reservations (less than 10 days in advance), the client must pay 100% of the rental cost at the time of booking.
5.2 At the time of return, the customer must pay for the kilometers exceeded, if applicable. The amount may be charged in cash, Bizum or PayPal or charged to the card or the security deposit.
5.3 In the event that the vehicle is immobilized due to an infraction by the client, the client must bear the costs incurred.
6.1 MC vans are vehicles with a certain age and use, so MC asks customers for a certain commitment regarding their care. MC undertakes to deliver the vehicles in perfect mechanical condition and inspected, but given the number of kilometers they have, some occasional incidents may occur. That is why it is very important that the customer undertakes to periodically check fluids, stop the vehicle and contact MC immediately in the event of strange noise, smoke, vibration, failure lights on the dashboard, etc. In addition, the client agrees to:
1. Do not allow other people to drive it other than himself or those who are expressly authorized.
2. Do not carry more passengers than those specified in the vehicle documentation as well as transport any type of pet or animal in the camper without the express authorization of MC.
3. Do not sublease or transport people for commercial purposes and any other use that is not included in the contract.
4. Do not transport any type of merchandise, drugs, toxic, flammable or explosive products.
5. Do not assign its use to third parties for free or for profit.
6. Do not drive the vehicle in inferior physical conditions caused by alcohol, drugs, fatigue or illness, use of medications, etc.
7. Do not travel outside the road network or on any unsuitable terrain or make improper use that could damage the vehicle.
8. 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.
9. The customer 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 modification to its exterior and/or interior appearance, unless expressly authorized in writing by the MC company. 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. In case of loss of keys or vehicle documentation, MC will charge the customer the amount of €180 + VAT.
6.2. 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 at each refueling, especially the level of water and oil, as well as the tire pressure. The client agrees to regularly check if the rental van is in perfect condition to drive safely. If the vehicle is damaged as a result of overheating due to low levels of oil or coolant in the engine, the client will lose the entire deposit and will have to bear the cost of the repair.
6.3 Smoking and lighting candles inside is prohibited in all vehicles. If traces and signs of having smoked inside are detected (smells, butts or ash), MC will apply a penalty of €180 + VAT to the traveler.
6.4 Pets can travel in the campervans (dogs and cats only) after an MC express authorization. Traveling with a pet implies an added cost of 30 euros per trip. The cleaning costs, derived from any breach, will be borne by the client. Likewise, the latter must assume the expenses derived from the ventilation or the elimination of the smell or hair, including the losses generated by the impossibility of renting the vehicle for some time due to this reason. If MC discovers that the traveler has brought a pet without authorization and without notifying it and paying the fee, MC may sanction the traveler with a fine of €100 + VAT.
6.5 In vehicles that have a portable gas stove, it is forbidden to sleep with the stove connected to the gas bottle. It is also mandatory to take the camping gas cylinder and/or the gas cartridges out of the vehicle at night or while sleeping inside the vehicle. MC is exempt from any liability for possible damage caused to travelers by non-compliance with said rule.
6.6 In case of verifying that the provisions of the previous sections 6.1, 6.2 and 6.3 have been infringed, the lessor may immediately terminate the rental contract, request the return of the vehicle and the client will be obliged to pay the entire rental price, as well as the expenses that are listed in the aforementioned sections.
6.7 MC vehicles are for exclusive use in the Iberian Peninsula, Spain, Portugal and the south of France.
6.8 Kilometers are subject to limitation. Rentals include 130 kilometers per day on average (rentals ca and excess mileage would be charged as follows:
· 0.3 euros per kilometer exceeded up to a maximum of 250 km/day.
· 0.9 euros per kilometer exceeded from 250 km/day.
· A maximum of 3000 kilometers per month is established.
*Rentals made through external platforms include 100 km/day on average and the excess is left over in the same way as stipulated above.
7. Behavior to follow in the event of an accident
7.1 In the event of an accident, theft, fire or damage caused by game animals, the client must immediately inform the police and MC by calling the contact and attention telephone number from 9 a.m. to 11 p.m. (+34622148012).
7.2 The responsibility for the event will never be recognized or prejudged, except for the “Friendly Declaration of Accidents”. The client must obtain all the data from the opposing party and from the witnesses, which together with the details of the accident will be sent by the MC company 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 MC company. The document must include the name, address and telephone numbers of the people involved, their driving 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.
7.3 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 MC company, together with the vehicle keys, within a maximum period of 24 hours; Otherwise, the contracted insurance and coverage will be null and void.
7.4. Even in unopposed damage, regardless of its seriousness, the client must draw up a comprehensive written report for the lessor together with a sketch. If the client does not make the report, no matter what the reason, and thereby prevents the insurance company from paying the damage, the client will be obligated to pay the corresponding amount in full.
7.5 Do not leave the vehicle without taking adequate measures to protect and safeguard it. If necessary, contact the Roadside Assistance Company contracted with the Insurer of the MC company.
7.6 In case of non-compliance by the client with any of these measures, if they are applicable, MC may claim from the client the damages caused by its negligence, including the loss of profits of the MC company during the time that the immobilization of the client lasts. vehicle.
8. Repairs, coverage and trips abroad.
8.1 The client is obliged to stop the vehicle as soon as possible when any warning light comes on that indicates an abnormality in the operation of the vehicle. Also when any smoke, vibrations or strange noises are produced. The client must contact inmediatly MC or the agreed Assistance Company and only with this, and must go exclusively to an official service of the chassis-engine brand, unless expressly authorized by MC.
8.2 In the event of any breakdown of the vehicle or of the elements of the camper, the customer must immediately notify MC. MC will inform about how to proceed.
8.3 In the event of a breakdown, MC undertakes to carry out the pertinent repairs at a nearby workshop. MC will assume the costs of the repair in the case that the client is not responsible for the damage as stipulated in point 9. Damages that affect the tires and rims of the vehicle that occur during the term of the lease are excluded, which will always and in any case be at the customer’s expense. Likewise, any breakdown and repairs due to defects in the floor, pavement or asphalt are the responsibility of the client.
8.4 In case of repair, MC undertakes to try to affect the client’s activity as little as possible and to repair the vehicle as soon as possible. MC will reimburse the amount that corresponds to the time tha van cannot be used, when this is longer than half a day.
8.5 In the event that, without any fault on the part of the client, the van suffers a breakdown and remains unusable for a period of more than 48 hours, MC will offer a replacement vehicle equivalent to the number of seats or higher when available. A rescission of the contract would be excluded and therefore the new vehicle should be accepted by the client, without obligation on the part of MC to indemnify the possible losses or damages caused to the client.
8.6 In the event that the client is at fault, the camper van 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, MC may refuse to offer a replacement vehicle. In this case, a rescission of the contract by the client is excluded, who will be obliged to pay the entire price of the lease, in addition to the expenses that his action would have produced. If MC chooses to make a replacement vehicle available to the client, it may charge the client for any expenses derived from it.
8.7 MC vehicles are for exclusive use in Spain, Portugal, Andorra, France and Italy.
8.8 In the event of a breakdown in a foreign country, the customer agrees to facilitate communication with the local mechanic if he does not speak Spanish or English and communication is difficult by phone. Likewise, if the repair in that country exceeds the cost of the repair in Spain by more than 25%, the customer agrees to pay the difference. In the event that the client does not want to pay the difference, the vehicle will be repatriated to the usual MC workshop and MC may cancel the reservation by reimbursing the client for the period that the van is not used.
8.9 In the event of a breakdown in a foreign country, an attempt will be made to repair the vehicle in a nearby workshop, but if the breakdown is serious, the repair period exceeds 48 hours or the amount of the repair exceeds 600 euros, the vehicle will be repatriated to MC workshop. In that case, MC may cancel the reservation by reimbursing the customer for the period not used, unless the customer accepts payment of the difference as explained in point 8.8.
9. Responsibility of the renter, all risk insurance
9.1 According to the principles of comprehensive insurance, in the event of comprehensive damage, the MC lessor will exempt the client from liability for material damage suffered in the vehicle, with a deductible of NINE HUNDRED EUROS (€900), which the client must assume.
9.2 The client, under no circumstances, will be exempt from their civil, administrative, criminal or any other responsibilities that are the consequence of an accident or fraudulent or negligent behavior.
9.3 The exemption of the responsibility indicated in section 9.1, will not have effect if the client omits any of the norms indicated in all the points of clauses 6 and 7.
9.4 The disclaimer of par. 9.1 will not proceed in the event that the client has caused damage in a premeditated or negligent manner.
9.5 Likewise, the client must respond in case of malicious or negligent behavior in the following cases:
to. If the client does not respect the regulations and the traffic code in force in the country where he is circulating.
b. If the damage is due to reckless driving under the influence of drugs or alcohol.
c. If the client or the driver, to whom the MC lessor has left the vehicle, flees in the event of an accident
d. If the client, contrary to the obligation established in par. 7, does not notify the police in the event of an accident, except in the event that this infraction has not influenced the verification of the reasons for the damage or the extent of the latter.
and. If the client violates other obligations of par. 7, except in the event that this infringement has not influenced the verification of the reasons for the damage or the extent of the latter
F. If the damage is due to a prohibited use in par. 6.1.
g. If the damages are due to a breach of the obligation established in par. 6.2.
h. If the damage has been caused by an unauthorized driver, to whom the customer has left the vehicle.
i. If the damage has been caused by not taking into account the dimensions of the vehicle (height, width, length)
J. If the damage is due to a breach of the provisions relating to the additional load.
9.6 The client will be responsible for all expenses, fees, fines and penalties related to the use of the vehicle, which are claimed from the lessor MC, except if it is due to causes attributable to the latter.
9.7 The customer will be responsible for all repair costs in case of negligent use of the vehicle or non-compliance with what is specified in section 6.
9.8 In case there are several clients and/or drivers, all of them will respond as joint and several debtors.
10. Responsibility of the lessor
10.1 The MC lessor delivers the vehicle in perfect condition, having carried out all the checks and maintenance necessary for its proper functioning. MC will not be responsible for mechanical failures or breakdowns due to normal use of the same, nor is he responsible to the customer or the users of the vehicle for expenses or damages that may be caused directly or indirectly as a result of such failures or breakdowns.
10.2 If due to force majeure, fortuitous reasons or reasons beyond the control of MC, the vehicle could not be delivered on the agreed date, this will not entitle the customer to any compensation, except for the return by MC to the customer of the amount/s paid up to that date for rent.
10.3 The lessor MC does not assume any responsibility before the client with respect to the automobile of the latter that is, as free parking, in the premises of MC, or in the vicinity of it, during the rental period of the van.
10.4 The lessor MC 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 is breached.
10.5 These “General Rental Terms and Conditions” bind the parties from the initial moment of making the reservation and are an integral part of the vehicle rental contract.
11. Protection of personal data
11.1 For the purposes of the provisions of current regulations regarding the protection of personal data, MC informs you that your personal data, both those provided for the formalization of the contract and those collected during the validity of the rental services, They will be incorporated into a personal data file, duly registered in the Registry of the Spanish Agency for Data Protection, in order to be able to manage the contracted vehicle rental services, as well as for commercial purposes such as keeping you on time informed of all those offers, products and promotions that may be of interest to you, either by email or another equivalent method.
11.2 In the case of commercial communications through email or equivalent means and in accordance with the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce, you grant your express consent for the sending of advertising to through said medium. Said consent may be revoked at any time by request addressed to the following address: firstname.lastname@example.org
11.3 Additionally, MC informs you that, in the event of any type of non-payment due to the rental services contracted by you, and prior request for payment by MC, the data relating to said non-payment may be communicated to information files on equity and credit solvency, in accordance with the provisions of current regulations on data protection.
11.4 You can exercise your rights of access, rectification, opposition and cancellation by written request to the address indicated above.