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GENERAL RENTAL CONDITIONS IN IBIZACAMPERS

1. Terms and conditions

The following rental conditions will become part of the contract between the leasing company (hereinafter, the "lessor") and you (hereinafter, the client). The lessor rents the aforementioned vehicle to the client and undertakes to comply with the clauses and stipulations established therein, stamping his signature as evidence in accordance with the terms thereof.

 

2. Rates and rental duration

2.1. The rental period begins with the collection of the vehicle by the client at the agreed location and ends with the collection of the vehicle by the lessor at the agreed location and date.

2.2. If the vehicle is returned after the time agreed in writing has elapsed, the lessor will compute €30.00 per hour of delay (however, at most for each day of delay, the price will be that corresponding to three times an entire day). The client will assume the expenses derived from the fact that another person asserts their rights against the lessor, due to a delay in the delivery of the vehicle, attributable to the client.

If you wish, you can contract the delivery and return service at another time as long as it is available for a cost of €50 with a minimum notice of 24 hours.

2.3 If the vehicle is returned before the contracted rental period has elapsed, the full contractually agreed rental price must also be paid.

2.4. The vehicle is delivered with a full fuel tank, at the time of check out the fuel tank will be filled, this charge being paid by the client.

2.5. 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 vehicle is collected.

 

3. Authorized drivers

3.1. The client and each of the additional drivers requested must be at least 25 years old, be in possession of a class B driving license with more than five 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.

3.2 If at the time of delivery of the rented vehicle the driver's license that corresponds to the rented vehicle is not available, or the documentation presented is false or inaccurate, it will be considered that the vehicle has not been picked up; in this case the relevant cancellation conditions will apply

3.3. Only the client and the drivers mentioned in the rental contract may drive the vehicle.

 

4. Cancellations and reservations

4.1. The lessor will be obliged to offer a vehicle of the selected category. In the event 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 one without prior notice. The alternative vehicle will be as similar as possible to the vehicle initially reserved.

4.2. The reservation will be binding once a deposit of 30% of the total rental amount has been paid. From this moment the reservation will be binding for both parties. 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 30 days before the start of the rental, 30% of the rental price.

 

5. Deposit and forms of payment

 5.1. At the time of collecting the vehicle, the customer must pay the amount of €500 as a deposit and as a guarantee of faithful compliance with the obligations of this contract together with the entire rental.

5.2. In the case of short-term reservations (less than 30 days before the rental date), the rental price will be due immediately.

5.3. The deposit will be returned after the vehicle is examined by a person in charge of the leasing company within 48 hours after the return of the vehicle. In case of damage due to misuse, the amount that the client must pay will be determined. This amount will be deducted from the deposit deposited, the client accepting 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.

5.4  The additional charges that arise if the vehicle is left in another place or city, without the lessor's authorization. c. 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 client or the lessor, derived from the term of this rental contract, unless that have originated through the fault of the lessor d. In the event that due to the customer's fault the vehicle is retained or seized, all expenses will be at your expense, including the loss of profits of the leasing company during the time the vehicle is immobilized. and. Expenses incurred by the lessor in claiming the amounts owed by the client under this contract f. The vehicle has compulsory insurance and travel assistance. In the event of an accident or theft, the customer will be responsible for paying the costs of repair, tow truck, appropriate benefits, etc., up to the maximum value of the total price of the vehicle on the market. This value will be limited to 500 euros.

6. Collection and return of the vehicle

6.1. Upon receiving the vehicle, the customer is obliged to follow the instructions given by the lessor at the point of delivery. Likewise, an "Exit Control" delivery certificate will be drawn up describing the state of the vehicle and which must be signed by both parties. The lessor may refuse to deliver the vehicle until the vehicle has been inspected.

6.2. When returning the vehicle, the customer is obliged to carry out a final inspection of the vehicle together with the employees of the rental point. An "Entry Control" return certificate will be drawn up, which must be signed by the lessor and the client. The damages that do not appear in the delivery certificate, but that are detected at the time of returning the vehicle, will be borne by the customer.

6.3. The times that appear in the rental contract will be considered as agreed.

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 client wishes to extend the lease, he must request it from the lessor at least 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 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 client is not present at the inspection of the same for reasons attributable to him or unavailability, and damage to the vehicle is appreciated, the client 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, otherwise a supplement of 50 Euros will be charged 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 €500.

6.10- The lessee is obliged to return the vehicle on the date and time specified, the delivery time (check in) is from 16:00.

 

7. Obligations and prohibitions

7.1 The customer 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. Likewise, it undertakes to respect at all times the obligations and limitations described in the current Traffic Code and undertakes to: a. Do not allow other people to drive it other than the same or those who are expressly authorized. b. Do not carry more passengers than those specified in the vehicle documentation. c. Do not rent or transport people for commercial purposes and any other use that is not included in the contract d. Do not transport any type of merchandise, drugs, toxic or flammable products. and. Do not transfer its use to third parties for free or for profit and do not help criminals f. Do not commit crimes, even if these are only punished according to the legislation in force at the place of the events g. Do not drive the vehicle in inferior physical conditions caused by alcohol, drugs, fatigue or illness h. 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 i. Do not use it to push or tow other vehicles or trailers j. Do not unseal or manipulate the odometer, and must immediately notify the lessor of any breakdown thereof k. Do not circulate outside the island of Ibiza without the express authorization of the lessor. l. 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 m. 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 client agrees to regularly check if the rental vehicle is in perfect condition to circulate safely.

7.3. Smoking is prohibited in all vehicles. Pets may not be brought unless the lessor has given his express authorization. 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 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 landlord may immediately terminate the rental agreement.

 

8. Behavior to follow in the event of an accident 

8.1 In case of accident, theft, fire or damage caused by animals, the client must immediately inform the lessor by calling the rental center telephone number (the telephone number is stated in the rental contract)  a no later than the business day following the day of the accident. Contrary claims will not be accepted.

8.2 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 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 unopposed damage, regardless of its seriousness, the client must draw up a comprehensive written report for the lessor together with a sketch. If the renter fails to report – no matter what the reason – thereby preventing the insurance company from paying for the damage, the renter will be obligated to pay the full amount.

8.5 Do not leave the vehicle without taking adequate 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 client with any of these measures, if they are applicable, the lessor may claim damages from the lessee caused by negligence of the latter, including the loss of profits of the lessor company during the time that the immobilization of the vehicle.

9. Vehicle defects 

9.1 The rights to compensation for damages of the client for defects not attributable to the lessor are excluded.

9.2 When returning the vehicle, the client must indicate in writing to the lessor the defects that have been detected in the camper 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, change of 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.

10.2 The client will be obliged to stop the vehicle immediately when any warning light indicating an anomaly in the operation of the vehicle lights up, and must contact the lessor or the Assistance Company arranged by the lessor and only with this.

10.3 The client 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 €300. This will require 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 client 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.

10.5 In the event that without any fault on the part of the client, the vehicle 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 available to put available to the customer within a reasonable time, a similar replacement vehicle, a withdrawal from the contract would be excluded. This implies the possibility that in order to pick up the replacement vehicle, the lessee would have to return to the lessor's base in Ibiza.

10.6 In the event that the lessee is at fault, the 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, the lessor may refuse to offer a replacement vehicle. In this case, a termination of the contract by the customer is excluded. If the lessor is available to make a replacement vehicle available to the lessee, it may charge the lessee for any expenses derived from it.

 

11. Responsibility of the renter

11.1 According to the principles of comprehensive insurance with excess in case of comprehensive damage, the lessor will exempt the lessee from liability for material damage, with an excess of € 500, which must be assumed by the lessee.

11.2 The client, under no circumstances, will be exempt from their responsibilities, civil, administrative, criminal or of any kind that are a consequence of an accident or malicious behavior.

11.3 The exemption from liability indicated in section 11.1, will not have effect if the lessee omits any of the rules indicated in all the points of section 8

11.4 The disclaimer of section. 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:
a. If the client does not respect the regulations and the current highway code, of 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 client has left the vehicle, flees in the event of an accident
d. If the client, contrary to the obligation established in par. 8, 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. 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
F. If the damage is due to a prohibited use in par. 7.1.
g. If the damages are due to a breach of the obligation established in par. 7.2.
h. If the damage has been caused by an unauthorized driver, to whom the lessee has left the vehicle
Yo. 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 non-compliance with the provisions relating to additional cargo

11.6 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, 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. It will not be responsible for mechanical failures or breakdowns due to normal deterioration of the same, nor is it 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 client of the amount paid as booking.

12.3 The lessor does not assume any responsibility before the client, regarding the client's car that is, as parking, in the place designated by the lessor during the vehicle rental period.

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 is breached (cardinal obligation). This measure of responsibility will also be valid in cases where obstacles arise for the provision of services when formalizing the contract.

12.5 These "General Rental Conditions" bind the parties from the initial moment of making the reservation and are an integral part of the vehicle rental contract.

 

13. Personal data

13.1. In accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data, the lessor informs that the personal data contained in this contract may be incorporated into an automated file for the purpose of providing and offering our services and promotions. , granting express consent for the sending of commercial communications by any means. This consent may be revoked through the mechanisms established for the exercise of the rights of access, cancellation, rectification or opposition of your personal data, in which case you may make the communication either personally in any of our offices or by written communication addressed to effect to the direction of our company.

13.2 The data collected will not be transferred to other people, companies or organizations.

14. Jurisdiction

In case of litigation derived from or related to any of the acts related to the reservation or the rental contract of the van, it is agreed that the jurisdiction will be that of the Courts and Tribunals of the city of Ibiza (Spain).

In the event of a possible discrepancy between the Spanish/English versions of these general conditions, the Spanish version will prevail.

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