General terms and conditions of rental
1. Scope of application, content of the contract, applicable law
1.1 Only the following General Conditions of Mi Casita Viajera are valid, which will be the “lessor”. Those conditions of the tenant that differ or are contrary to the General Conditions of the Landlord will not be accepted. These General Conditions of the Lessor will also be valid when the lessor rents without reservations.
1.2 The purpose of the contract entered into with the lessee is only the delivery of the motorhome on a rental basis. The lessor will not owe the travel benefits nor, especially, the totality of the latter.
1.3 In case of reservation, a rental contract governed exclusively by Spanish law will be executed between the tenant and the lessor. 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 non-formal extension of the rental contract for an indefinite period of time 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 lessee and each of the authorized drivers must be at least 23 years old and in possession of a Class B driving license with more than two years old or the corresponding national permit. If you are not a resident of the EU, you must be in possession of the international driving license. In order to deliver the motorhome, it is absolutely necessary that the tenant and / or the driver / s present a valid driver’s license and passport / national identity document. In case the delivery is delayed for not presenting these documents, this delay must be assumed by the lessee. If the aforementioned documentation can not be presented at the agreed time to make the delivery or within a reasonable time, the lessor will be authorized to cancel the contract. The cancellation conditions established in section 4.2 will apply. The rental company or official authorities may require the presentation of an international driver’s license (in the case of non-EU residents).
2.2 If, at the time of delivery of the rented motorhome, the driver’s license corresponding to the rented vehicle is not available, it will be considered that the motorhome has not been collected; in this case, the relevant cancellation conditions will apply (see section 4.2).
2.3 Only authorized drivers who have submitted their documentation to the lessor may drive the vehicle.
3. Rental and calculation prices, rental duration
3.1 The rental prices are derived from the list of prices of the lessor in force at the time of formalizing the contract. The minimum rental period established during certain times of the year is also derived from the list of prices of the lessor in force at the time of signing the contract. Depending on the reserved rental days, the prices that appear on the list for the corresponding season will be valid. For each rental a fixed and single amount will be charged for the services rendered, the amount of which can also be found in the list of prices of the lessor in force at the time of formalizing the contract.
3.2 The rental prices of the optional accessories are derived from the list of prices of the lessor in force at the time of formalizing the contract.
3.3 The minimum rent depends on the season in which the rental days are made.
3.4 The corresponding rental prices include: VAT, mileage limited to 300 km per day rented, all risk insurance according to the corresponding insurance coverage (see below section 11), mobility guarantee of the chassis-cabin manufacturer.
3.5 The rental period begins with the collection of the motorhome by the tenant and ends with the collection of the vehicle by the lessor.
3.6 If the motorhome is returned after the time agreed in writing, the lessor will charge for each hour of delay (see section 6.4). If the tenant is delayed in the delivery of the vehicle and this causes another tenant to be harmed, the former must assume the costs derived if the latter enforces his rights vis-à-vis the lessor.
3.7 In case of returning the vehicle before the hired rental period elapses, the full rental price previously agreed must also be paid.
3.8 The motorhome is delivered with a full fuel tank and must be returned. Otherwise, the lessor will charge for the necessary fuel plus € 15 as sanction (will be charged from the deposit). The hirer will bear the fuel and running costs during the rental period.
3.9 The vehicle will be returned in the same place where it was delivered.
4.1 Reservations will only be binding upon confirmation of the landlord.
4.2. Once the landlord has delivered the written confirmation of the reservation, a deposit of 30% of the total rental amount must be paid within a maximum period of five days. As of this moment, the reservation will be binding for both parties. In case the tenant does not meet this deadline, the reservation will cease to be binding for the lessor. In case the client cancels 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 reservation.
• between 49 and 15 days before the start of the rental, 50% of the reservation.
• less than 15 days before the start of the rental, 80% of the reservation.
• the same day of the rental or in case of not collecting the vehicle, 100% of the reservation.
5. Payment terms, deposit
5.1 The rental price foreseen according to the reservation dates must be entered in the account that the landlord will provide to the tenant, at most 20 days before the start of the rental.
5.2 At the time of collecting the vehicle, the lessee must pay in cash or have previously made a bank transfer (bringing proof of income), the amount of € 700, as a guarantee and as a guarantee of faithful compliance with the obligations of this contract.
5.3 In case of short-term reservations (less than 20 days before the rental date), the reservation and the rental price will be paid together. The deposit will always be delivered at the time of collection as provided in section. 5.2.
5.4 The deposit will be returned after 48 hours after the examination of the vehicle by the landlord, which in case of damage due to bad use will dictate the amount that the customer must pay. This amount will be deducted from the deposited bond, accepting the lessee to pay the difference if the cost of the damage exceeds the value of the deposit deposited. If it is not possible to assess the damages immediately, the landlord will have 40 days to make the settlement and return the deposit if applicable or claim the difference between it and the cost of the damage. In case of an accident, the amount of the insurance excess will also be deducted from the deposit.
5.5 The lessee expressly agrees to pay the lessor:
A. At the time of the return of the vehicle, 20 additional cents (VAT included) will be charged for each kilometer exceeded, taking into account that each rental day entitles the tenant to travel 300 kilometers.
B. Additional charges that arise if the vehicle is left in any place other than the place of delivery, without the authorization of the lessor.
C. The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic offense or any other kind, that are directed against the vehicle, the tenant or lessor, derived from the time of validity of this rental contract, to not that they originated because of the landlord’s fault.
D. In the event that, due to the lessee’s fault, the vehicle was retained or seized, all expenses shall be at his expense, including the loss of profits during the time the immobilization of the vehicle lasts.
E. Expenses incurred by the lessor (including attorneys’ fees and attorneys) in claiming the amounts owed by the lessee under this contract.
F. The vehicle has an all-risk insurance with franchise (does not include the personal effects of the tenant and companions). In case of accident or theft, the lessee will be responsible for the amount of € 700 per claim.
5.6 If the tenant is late in payments, interest will be applied for delay in accordance with the legal provisions in force.
6. Delivery and return of the vehicle
6.1 Before starting the trip, the tenant is obliged to follow the instructions given by the landlord at the point of delivery. A certificate of delivery (Check Out) will be drawn up in which the state of the vehicle will be described, as well as a list of the materials included in the vehicle that must be signed by both parties. You will be given a set of vehicle keys that must be returned upon delivery of the motorhome and in case of loss or theft of the same the lessee will be responsible for the amount of € 350 per replacement plus shipping if necessary . In the same way, the documentation of the vehicle will be delivered to you, and in case of loss, the same will be done as in the previous case. The lessor will make available to the lessee free parking for his car for the duration of the service. The lessor may refuse to deliver the vehicle until the delivery certificate has been made.
6.2 When returning the vehicle, the tenant is obliged to carry out a final inspection of the motorhome together with the lessor. A return certificate will be drawn up (Check In), which the landlord and the tenant will be required to sign. Damages that are not included in the delivery certificate, but are detected at the time of returning the vehicle, will be borne by the tenant.
6.3 As a general rule, deliveries of vehicles will be made from Monday to Friday, from 4:30 to 7:30 p.m. Returns from Monday to Friday from 10 a.m. to 12 a.m. The schedules 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 and in exchange for an additional remuneration according to the current rate. The day of delivery and return will add together one day, provided that in total not exceed 24 hours or only if they exceed them for reasons attributable to the landlord.
6.4 The delays in the return, not authorized, will be penalized with € 20 for each hour of delay, if a day passes it will be penalized with € 300. Any justified cause of force majeure that prevents the return on the agreed day, must be communicated immediately to the lessor so that he accepts it; otherwise, it will be considered an unauthorized delay.
6.5 If the tenant wishes to extend the lease, he must request it from the lessor at least three days before the end of the contract. The eventual confirmation of the extension will be subject to the availabilities that the landlord has at this moment.
6.6 Any alteration of the rental dates must be previously authorized by the lessor. Failure to comply with this condition entitles the lessor to take over the vehicle or judicially require it. The lessor reserves the right to obtain the return of the vehicle, at any time during the term of this contract, if its use does not respect 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 and damage to the vehicle is assessed, the lessee accepts the valuation of the damages resulting from the inspection carried out by the landlord.
6.8 The vehicle will be returned clean internally and with empty waste and WC tanks. Otherwise, an amount of the deposit will be charged, in accordance with the rates established for it, as cleaning. The amounts amount to:
to. WC not empty: € 20.
b. Waste water not empty: € 20.
c. Dirty interior: € 40.
6.9 The filling of the drinking water tank with diesel or other fuel, or the deposit of diesel with water or other fuel, will imply a penalty of € 750.
7. Prohibited uses, obligations of maintenance and protection
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. It also undertakes to respect at all times the obligations and limitations described in the current Traffic Code and is obliged to:
A. Not allow other people to drive it than the same or those that are expressly authorized.
B. Do not carry more passengers than those specified in the vehicle’s documentation.
C. Do not re-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.
E. Do not assign your use to third parties for free or lucrative and not to assist offenders.
F. Do not commit crimes, even if they are only punished according to the legislation in force at the scene.
G. Do not drive the vehicle in inferiority of physical conditions motivated by alcohol, drugs, fatigue or illness.
H. Not to travel outside the road network or in any unsuitable terrain, or participate with the vehicle in sports, endurance, races or other tests 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 damage.
K. Do not circulate outside the following countries, without the express authorization of the lessor:
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.
L. It is expressly forbidden to travel to any country that is at war or war.
M. Have the vehicle properly parked and guarded when it is not used and protect it from the deterioration of frost, hail or any other atmospheric phenomenon likely to cause major damage.
N. It is expressly forbidden for the lessee to vary any technical characteristics of the vehicle, the keys, locks, equipment, tools and / or accessories of the vehicle, as well as to make any modification of its exterior and / or interior appearance, unless express written authorization is given by the lessor. In case of infringement of this article, the lessee will bear all the costs of reconditioning the vehicle to its original condition, 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 closed. The technical standards must be taken into account, as well as the determining dispositions for the use. Check the condition of the vehicle, especially the water and oil level, as well as the tire pressure. The tenant agrees to check regularly if the rental motorhome is in perfect condition to circulate safely.
7.3 Smoking is prohibited in all vehicles. Pets can not be brought. The expenses of cleaning, derived from any breach, will be borne by the tenant. 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 checking that the provisions of the previous sections 7.1., 7.2 have been violated. and 7.3, the landlord may immediately terminate the rental agreement.
8. Behavior to follow in case of accident
8.1 In case of accident, theft, fire or damage caused by game animals, the lessee must immediately inform the police and the landlord by calling the contact telephone number (the telephone number is included in the rental agreement), no later than business day following the day of the accident.
8.2 The responsibility for the event will never be acknowledged or prejudged, except for the “Friendly Accident Declaration”. The lessee must obtain all the information from the opposing party and from the witnesses, which along with the details of the accident will be sent to the lessor within the time specified. Immediately notify the authorities of the accident if there is culpability of the opposing party. The accident part 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 persons involved, their driving license data, the details of the opposite with the name of the Insurance Company and the policy number, the data of any witnesses, as well as the license plates of the the affected vehicles.
8.3 In the event of theft or theft of the vehicle, the competent authority shall be reported immediately, communicating it and sending a copy of the complaint to the lessor, together with the keys of the vehicle, within a maximum period of 24 hours; Otherwise, the insurances and coverages contracted will be without effect.
8.4 Even in damages without contrary, regardless of its seriousness, the tenant must draft a broad written report for the landlord together with a drawing. If the lessee does not prepare the report (no matter what the reason) and thus prevents the insurance company from paying the damages, the lessee will be obliged to pay the corresponding amount in full.
8.5 Do not leave the vehicle without taking the appropriate measures to protect it and safeguard it. Contact, if necessary, with the Road Assistance Company contracted with the Insurer.
8.6 In case of default by the lessee of any of these measures, if applicable, the lessor may claim damages from the lessee due to negligence of the lessee, including loss of earnings during the time the immobilization of the vehicle lasts.
9. Defects of the motorhome
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 detected in the motorhome or its equipment once the rental period has started. The rights to compensation for damages in case of defects indicated subsequently are excluded, unless said claim is motivated by non-obvious damage.
10.1 The normal mechanical wear of the vehicle is assumed by the lessor. When the duration of the route or the condition of the roads make it advisable, 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 indicates an anomaly in the operation of the vehicle, should contact the lessor or the Assistance Company arranged by the landlord and only with this, should only go to an official service of the chassis-engine brand, unless expressly authorized by the lessor.
10.3 The lessee may order repairs that are necessary to ensure safety during 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 landlord. The latter will assume the costs of the repair if it is delivered the original supporting documents and the changed parts, provided that the lessee does not respond to the damage according to the order. 11. Damages that affect tires are excluded from this rule.
10.4 In the event that a repair of this nature is necessary for a damage attributable to the lessor and the lessee is not responsible for fixing it, the latter must indicate without delay to the lessor the damage in question and grant a reasonable time for its repair. The landlord will not be responsible for the specific conditions of each country (eg infrastructure), which entails a delay when making the repair.
10.5 In the event of any breakdown of the components of the passenger compartment, the lessee must immediately notify the lessor, who will receive the appropriate instructions for its repair.
10.6 If, without any fault on the part of the lessee, the motorhome suffers serious damage or it is foreseen that the vehicle can not be used for a long period of time or must be removed from the circulation, the lessor, if it has availability to put at the disposal of the lessee within a reasonable period of time, a spare vehicle equivalent in the number of places or more, a termination of the contract would be excluded. In case no vehicle is available, the amount previously charged from the moment of the incident until the end of the stipulated contract would be returned and the insurance contracted from the vehicle would solve the problem with the conditions that are contracted, a termination of the contract would be excluded.
10.7 In the event that the lessee is guilty, the motorhome is seriously damaged or it is foreseen that the vehicle can not be used for a long period of time or must be removed from circulation, the lessor may refuse to offer a replacement vehicle. In this case, a termination of the contract by the lessee is excluded. If the landlord has availability to make a replacement vehicle available to the tenant, he may charge the tenant any eventual expenses derived from it.
11. Responsibility of the tenant, comprehensive insurance
11.1 According to the principles of full-risk insurance with a deductible, in case of complete or partial damages, the lessee must pay the first € 700 for the repair or replacement of parts, spare parts, labor required to repair the damage, for each part of the sinister that the insurer of the Insurer considers (the insurer divides the vehicle into five parts that correspond to each side of the motorhome and the roof). Accepting the lessee the payment of the difference if the cost of the damage exceeds the value of the deposit deposited for exceptional cases that the full insurance does not cover. If it is not possible to assess the damages immediately, the landlord will have 30 days to make the settlement and return the deposit if necessary or claim the difference between it and the cost of repair / replacement of the damage.
11.2 The lessee, under no circumstances, will be freed of its responsibilities, civil, administrative, criminal or of any nature that are the consequence of a sinister or fraudulent behavior.
11.3 The exemption from the liability indicated in sec. 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 exemption from liability in Sec. 11.1 will not proceed if the lessee has caused damage in a premeditated or negligent manner.
11.5 Likewise, the lessee must respond in case of willful behavior in the following cases:
A. If the tenant does not respect the regulations and the current road code, of the country where it is circulating.
B. If the damage is due to reckless driving due to the effects of drugs or alcohol.
C. If the tenant or the driver, to whom the tenant has left the vehicle, flees in the event of an accident.
D. If the tenant, contrary to the obligation established in sec. 8, does not notify the police in case of accident, except in the case that this infraction has not influenced the verification of the reasons for the damage or the scope of the latter.
E. If the tenant violates other obligations of the apdo. 8, except in the case that this infraction has not influenced the verification of the reasons for the damage or the extent of the latter.
F. If the damages are due to a prohibited use in the sec. 7.1.
G. If the damages are due to an infraction of the obligation established in item. 7.2.
H. If the damage was caused by an unauthorized driver, to whom the tenant 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 damages are due to a breach of the provisions relating to the additional charge.
11.6 The lessee shall be liable 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 made all the verifications and maintenance necessary for its proper functioning. It will not be responsible for mechanical failures or breakdowns due to normal deterioration thereof, 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 or unrelated to the landlord, the vehicle can not be delivered on the agreed date, this will not entitle any compensation, except the return by the lessor to the tenant of the amount paid.
12.3 The lessor does not assume any responsibility before the lessee, on the car of the lessee that is, as free parking, in the premises of the lessor during the rental period of the motorhome.
12.4 The General Conditions exposed in the rental center will be valid at the time the rental period begins.
In the case of disputes arising from or related to the motorhome rental contract, it is agreed that the jurisdiction is that of the population where the corresponding rent is made.