General Rental Conditions of Mi Casita Viajera

1. Scope, content of the contract and applicable law

  1. Only the following General Conditions of Mi Casita Viajera, which hereinafter will be the “lessor”, are valid. Any conditions of the lessee that differ from or are contrary to the General Conditions of the lessor will not be accepted. These General Conditions of the lessor will also be valid when the lessor rents without reservations.
  2. The object of the contract formalized with the lessee is only the delivery of the motorhome on a rental basis. The lessor will not be liable for the services provided during the trip, or, above all, for the entirety of the latter.
  3. In the event of a reservation, a rental contract governed exclusively by Spanish law will be concluded between the lessee and the lessor(s). The lessee will organise his/her own trip and will use the vehicle under his/her own responsibility. The rental contract will be limited to the agreed duration. The informal extension of the rental contract for an indefinite period of time due to continued use is excluded.
  4. All agreements between the landlord and the tenant shall be made in writing.
  5. All data requested by the landlord from the tenant shall be granted by the latter with consent from the moment the tenant signs these general conditions and the rental contract. The landlord will only request the data that is strictly necessary to carry out the rental service, using this data to carry out the latter and/or any legal procedure in which it is required due to events occurring during the rental period, restricting access to it by third parties with malicious intentions.

2. Minimum age and authorised drivers

  1. The lessee and each authorised driver must be at least 25 years old and be in possession of a class B driving licence for more than two years or the corresponding national licence. If you are not a resident of the EU, you must be in possession of an international driving licence. In order to hand over the motorhome, it is absolutely necessary that the lessee and/or the driver(s) present a driving licence and a valid passport/national identity card. In the event that delivery is delayed due to failure to present these documents, this delay must be borne by the lessee. If the aforementioned documentation cannot be presented at the agreed time for delivery or within a reasonable period, the lessor is entitled to cancel the contract. The cancellation conditions set out in section 4.2 shall apply. The rental company or official authorities may require the presentation of an international driving licence (for non-EU customers).
  2. If the driver's licence corresponding to the rental vehicle is not available at the time of delivery of the rented motorhome, the motorhome will be deemed not to have been collected; in this case the relevant cancellation conditions will apply (see section 4.2).
  3. Only authorised drivers who have provided their documentation to the lessor may drive the vehicle.

3. Rental prices, calculation and duration of rental

  1. The rental prices are derived from the landlord's price list in force at the time of signing the contract. The minimum rental period established during certain times of the year is also derived from the landlord's price list in force at the time of signing the contract. Depending on the rental days reserved, the prices listed for the corresponding season will be valid. For each rental, a fixed and unique amount will be charged for the services provided, the amount of which can also be found in the rental price list of the lessor in force at the time of the contract.
  2. The rental prices of optional accessories are derived from the rental price list in force at the time of the contract. If a bicycle rack is available and the lessee requests it, the lessee will be responsible for any damage caused to it during the rental period and the amount necessary for the repairs will be deducted from the deposit.
  3. The minimum rental depends on the season in which the rental days are made.
  4. The corresponding rental prices include: VAT, mileage limited to 250 km per day rented, comprehensive insurance according to the corresponding insurance coverage (see below section 11) and mobility guarantee from the chassis-cab manufacturer.
  5. The rental period begins when the renter collects the motorhome and ends when the lessor collects the vehicle.
  6. If the motorhome is returned after the agreed upon time has elapsed, the lessor will charge for each hour of delay (see section 6.4). If the renter is late in handing over the vehicle and this causes another renter to suffer damages, the former must bear the resulting costs if the latter asserts his rights against the lessor.
  7. If the vehicle is returned before the agreed upon rental period has elapsed, the full rental price agreed upon above must also be paid.
  8. The motorhome is delivered with a full tank of fuel and must be returned as such. Otherwise, the lessor will charge a fee for the necessary fuel plus €15 as a penalty (to be taken from the deposit). The renter will be responsible for fuel and operating costs during the rental period.
  9. The vehicle will be returned to the same place where it was delivered.

4. Reservation

  1. Reservations will only be binding upon confirmation from the landlord.
  2. Once the landlord has provided written confirmation of the reservation, a deposit of 30% of the total rental amount must be paid. This can be paid by credit or debit card, in cash or by bank transfer, the latter having to be made within a maximum period of three days. From this moment on, the reservation will be binding on both parties. If the tenant does not comply with this deadline, the reservation will no longer be binding for the landlord.
  3. If 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.
    • Between 14 and 3 days before the start of the rental, 80% of the reservation.
    • Between 2 days and the start of the rental, 100% of the reservation.

5. Payment conditions and deposit

5.1 The rental price based on the reservation dates must be paid by bank transfer into the account that the lessor will provide to the lessee. In addition, it may be paid in cash or by credit or debit card, all at most 20 days before the start of the rental.

5.2 At the time of collecting the vehicle, the lessee must have previously made a bank transfer (which must be reflected in the lessor's account at the time of departure of the vehicle) or must deposit by credit card the amount of €700, as a deposit and as a guarantee of faithful compliance with the obligations of this contract. In the case of using a credit card for payment, the expiry date of the card must be longer than the duration of the rental contract.

5.3 In the case of short-term reservations (less than 20 days before the rental date), the reservation and the rental price will be paid together using the payment methods mentioned in section 5.1. The deposit will always be handed over at the time of collection as provided for in section 5.2.

5.4 The deposit will be returned 48 hours after the inspection of the vehicle by the lessor, who in the case of damage due to misuse will determine the amount to be paid by the customer. This amount will be deducted from the deposit, with the lessee accepting payment of the difference if the cost of the damage exceeds the value of the deposit. If it is not possible to assess the damage immediately, the landlord will have 40 days to settle the payment and return the deposit if applicable or claim the difference between this and the cost of the damage. In the event of an accident, the amount of the comprehensive insurance deductible will also be deducted from the deposit.

5.5 The lessee expressly agrees to pay the lessor:

  • A. Upon return of the vehicle, an additional 38 euro cents (VAT included) will be charged to the deposit for each kilometre exceeded, taking into account that each day of rental entitles the lessee to travel 250 kilometres.
  • B. Additional charges arising if the vehicle is left anywhere other than the place of delivery, without the lessor's authorisation.
  • C. The amount of all types of fines, judicial and extrajudicial expenses arising from any traffic or other offence, which are directed against the vehicle, the lessee or the lessor, arising from the term of this contract.
  • D. In the event that the vehicle is seized or impounded due to the fault of the lessee, all costs shall be borne by the lessee, including loss of profits during the period of immobilization of the vehicle.
  • E. Costs incurred by the lessor (including attorneys' and solicitors' fees) in claiming amounts owed by the lessee under this contract.
  • F. The vehicle has comprehensive insurance with a deductible (not including personal effects of the lessee or passengers). In the event of an accident or theft, the lessee shall be responsible for the amount of €700 per incident.

5.6 If the lessee is late with payments, late payment 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 at the delivery point. A delivery report (Check Out) will be drawn up in which the condition of the vehicle will be described, and a list of the materials included in the vehicle will be given to the lessee and must be signed by both parties. A set of vehicle keys will be given to the lessee, which must be returned upon delivery of the motorhome. In the event of loss or theft of the keys, the lessee will be responsible for the cost of €350 for replacement, plus shipping if necessary. Likewise, the vehicle documentation will be given to the lessee, and in the event of loss, the same procedure will be followed as in the previous case. The lessor will provide the lessee with free parking for his car for the duration of the service. The lessor may refuse to hand over the vehicle until the delivery report has been made.

6.2 When returning the vehicle, the lessee is obliged to carry out a final inspection of the motorhome together with the lessor. A return report (Check In) will be drawn up, which the lessor and the lessee are obliged to sign. Any damage not recorded on the delivery report, but which is detected at the time of returning the vehicle, will be the responsibility of the lessee.

6.3 As a general rule, vehicle deliveries will be made from Monday to Friday, from 4:30 p.m. to 7:30 p.m.; returns from Monday to Friday from 10 a.m. to 12 p.m. The times that appear in the rental contract will be considered as those agreed. On Saturdays, Sundays and public holidays, deliveries and returns may only be made if a prior agreement has been reached and in exchange for additional remuneration according to the current rate, if applicable. The day of delivery and return will together add up to one day, provided that the total does not exceed 24 hours or only if they exceed this for reasons attributable to the lessor.

6.4 Unauthorised delays in return will be penalised with €20 for each hour of delay. If one day passes, a penalty of €300 will be imposed. Any justified cause of force majeure that prevents return on the agreed day must be immediately communicated to the lessor for acceptance. Otherwise, it will be considered an unauthorised delay.

6.5 If the lessee wishes to extend the lease, he must request this from the lessor at least three days before the end of the contract. Any confirmation of the extension will be subject to the availability of the lessor at this time.

6.6 Any change in the rental dates must be previously authorized by the lessor. Failure to comply with this condition entitles the lessor to take charge of the vehicle or to take it to court. 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 comply with the provisions hereof.

6.7 When returning the vehicle at the end of the rental, when the lessee is not present at the inspection of the vehicle for reasons attributable to him and damage to the vehicle is noted, the lessee accepts the assessment of the damage resulting from the inspection carried out by the lessor.

6.8 The vehicle will be returned clean inside and with the waste water and toilet tanks empty. Otherwise, an amount of the deposit will be charged, in accordance with the established rates, for cleaning purposes. The amounts are:

  • a. WC not emptied: €40.
  • b. Waste water not emptied: €20.
  • c. Dirty interior: €60.
  • d. Oil or grease stains requiring dry cleaning: €15 per stain.
  • e. Tires damaged by misuse (chains, driving off public roads, skidding, etc.): €20 to €100 per tire.

6.9 Filling the drinking water tank with diesel or other fuel, or the diesel tank with water or other fuel, will be penalized with €750.

7. Prohibited uses, maintenance and protection obligations

7.1 The lessee acknowledges that he/she 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/she also undertakes to respect at all times the obligations and limitations described in the current Highway Code and undertakes to:

  • A. Not allow anyone other than himself/herself or those who are expressly authorized to drive it.
  • B. Not carry more passengers than those specified in the vehicle documentation.
  • C. Not sublet or transport people for commercial purposes and any other use not included in the contract.
  • D. Not transport any type of merchandise, drugs, toxic or flammable products.
  • E. Not to transfer its use to third parties free of charge or for profit and not to assist criminals.
  • F. Not to commit crimes, even if these are only punishable according to the legislation in force in the place of the crime.
  • G. Not to drive the vehicle when under physical conditions due to alcohol, drugs, fatigue or illness.
  • H. Not to travel outside the road network or on any unsuitable terrain, nor to participate with the vehicle in sports, endurance, races or other tests that may damage it.
  • I. Not to use it to push or tow other vehicles or trailers.
  • J. Not to unseal or manipulate the odometer, and to immediately notify the lessor of any breakdown therein.
  • K. Not to drive outside Spain, France and Portugal. To drive outside Spain, the lessor must be informed in advance, and must give express consent.
  • L. It is expressly prohibited to travel to any country that is at war or in armed conflict.
  • M. To have the vehicle properly parked and guarded when not in use and to protect it from damage caused by frost, hail or any other atmospheric phenomenon that could cause significant damage.
  • N. The lessee is expressly prohibited from changing any technical characteristics 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 lessor. In the event of a breach of this article, the lessee shall bear all costs of reconditioning the vehicle to its original state, and shall also pay compensation for the immobilization of the vehicle until it is fully repaired.
  • Ñ. It is expressly prohibited to transport the rental vehicle on board any type of ship, train, truck or plane, unless expressly authorized in writing by the lessor.
  • O. Should the lessee wish to bring a motorcycle or moped into the vehicle, this action will only be carried out with the written permission of the lessor. Otherwise, the lessee may be held responsible for any damage caused to the vehicle, if any. However, if damage is caused even with the lessor's permission, this damage may also be charged to the lessee and deducted from the deposit.

7.2 The vehicle must be properly maintained and handled, and properly locked. The technical regulations and the regulations governing its use must be observed. The condition of the vehicle must be checked, in particular the water and oil level, as well as the tyre pressure. The lessee undertakes to regularly check whether the rental motorhome is in perfect condition for safe driving.

7.3 Smoking is prohibited in all vehicles. Pets may not be brought in. Cleaning costs resulting from any non-compliance will be borne by the lessee. The lessee shall also be responsible for the costs of ventilation or removal of the tobacco smell, including any losses resulting from the impossibility of renting the vehicle for a period of time due to this reason.

7.4 If it is found that the provisions of the above sections 7.1, 7.2 and 7.3 have been infringed, the lessor may immediately terminate the rental contract.

8. Conduct to follow in the event of an accident

8.1 In the event of an accident, theft, fire or damage caused by game species, the lessee must immediately inform the police, draw up a police report of the accident and report the facts to the lessor. If a police report is not drawn up, the insurance will not cover the damages caused and the lessee will be responsible for the costs arising from said damages and, consequently, the costs arising from the immobilization of the vehicle.

8.2 Responsibility for the incident will never be acknowledged or prejudged, except for the “friendly accident declaration”. The lessee must obtain all the data from the other party and 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 other party is at fault. The accident report must be duly completed and signed at the latest when the vehicle is returned to the lessor. The document must include the name and address of the persons involved, their driving licence details, the details of the other party with the name of the insurance company and the policy number, the details of any witnesses, as well as the number plates of the affected vehicles.

8.3 In the event of theft or robbery of the vehicle, the competent authority must be notified immediately, and a copy of the report must be sent to the lessor, together with the vehicle keys, within a maximum period of 24 hours; otherwise, the insurance and coverage contracted will be void.

8.4 Even in the case of damages without the other party, regardless of their severity, the lessee must draw up a comprehensive written report for the lessor together with a drawing. If the lessee fails to make the report (no matter the reason) and thus prevents the insurance company from paying for the damage, the lessee will be obliged to pay the corresponding amount in full.

8.5 Do not abandon the vehicle without taking the appropriate measures to protect and safeguard it. If necessary, contact 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 damages from the lessee caused by the lessee's negligence, including loss of earnings during the time the vehicle is immobilized.

8.7 In the event of an accident or breakdown in which the transport of the vehicle by crane is necessary, the lessee must immediately inform the lessor and take photos of the external condition of the vehicle before loading it onto the crane. The lessee must notify the crane operator that these photos have been taken, must ask the crane operator to take photos of the external condition of the vehicle after unloading and send them to the lessee. The lessee must inform the lessor of all events that have occurred, providing the photos.

9. Defects in the motorhome

9.1 The lessee's rights to compensation for damages for defects not attributable to the lessor are excluded.

9.2 When returning the vehicle, the lessee must inform the lessor in writing of any defects that he or she has detected in the motorhome or its equipment after the start of the rental period. The lessee's rights to compensation for damages for defects that are subsequently identified are excluded, unless the claim is based on non-obvious damage.

10. Repairs

10.1 Normal mechanical wear and tear on the vehicle is the responsibility of the lessor. When the length of the journey or the state of the roads so advise, the necessary maintenance operations will be carried out at an official service of the chassis-engine brand.

10.2 Stop the vehicle as soon as possible when any warning light indicating an anomaly in the operation of the vehicle comes on, and contact the lessor or the assistance company arranged by the lessor and only this one, and go exclusively to an official service of the chassis-engine brand, unless expressly authorized by the lessor.

10.3 The lessee may commission those repairs that are necessary to guarantee the safety during the operation and circulation of the vehicle during the rental period and that do not exceed €150. To do so, 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 provided, provided that the lessee is not liable for the damage according to section 10. 11. Damage to tyres is excluded from this rule.

10.4 If such a repair is necessary due to damage attributable to the lessor and the lessee does not undertake to remedy it, the latter must immediately inform the lessor of the defect in question and allow a reasonable period for its repair. The lessor shall not be liable for country-specific conditions (e.g. infrastructure) that lead to a delay in carrying out the repair.

10.5 In the event of any damage to the elements of the passenger compartment, the lessee must immediately notify the lessor, who will provide him with the appropriate instructions for its repair.

10.6 In the event that, through no fault of the lessee, the motorhome is seriously damaged or it is expected that the vehicle will not be able to be used for a long period of time or will have to be taken out of circulation, the lessor, if available to make available to the lessee within a reasonable period of time a replacement vehicle with an equivalent or greater number of seats, a termination of the contract would be excluded. In the event that no vehicle is available, the amount previously charged from the time of the incident until the end of the stipulated contract would be refunded and the contracted insurance for the vehicle would solve the problem under the conditions contracted, a termination of the contract would be excluded.

10.7 In the event that, through the lessee's fault, the motorhome is seriously damaged or it is expected that the vehicle will not be able to be used for a long period of time or will have to be taken out of circulation, the lessor may refuse to offer a replacement vehicle. In this case, the lessee is excluded from the contract termination. If the lessor has the availability to make a replacement vehicle available to the lessee, he may charge the lessee any expenses arising from this.

11. Liability of the lessee and comprehensive insurance

11.1 According to the principles of comprehensive insurance with deductible, in the event of full or partial damage, the lessee must pay the first €700 for the repair or replacement of parts, spare parts, labour necessary to repair the damage, for each part of the damage considered by the Insurer's expert (the insurer divides the vehicle into five parts corresponding to each side of the motorhome and the roof). The lessee accepts payment of the difference if the cost of the damage exceeds the value of the deposit for exceptional cases not covered by comprehensive insurance. 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 applicable or claim the difference between this and the cost of repairing / replacing the damage.

11.2 The tenant will not, under any circumstances, be free of his civil, administrative, criminal or any other type of liability that may result from an accident or fraudulent behaviour.

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

11.4 The exemption from liability in section 11.1 shall not apply in the event that the tenant has caused damage in a premeditated or negligent manner.

11.5 The tenant shall also be liable in the event of wilful misconduct in the following cases:

  • A. If the lessee does not comply with the rules and the traffic code in force in the country in which he is driving.
  • B. If the damage is due to reckless driving under the influence of drugs or alcohol.
  • C. If the lessee or the driver, to whom the lessee has left the vehicle, flees in the event of an accident.
  • D. If the lessee, contrary to the obligation established in section 8, does not notify the police in the event of an accident, except in the event that this infringement has not influenced the verification of the reasons for the damage or the extent of the latter.
  • E. If the lessee infringes other obligations in section 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 use prohibited in section 8. 7.1.
  • G. If the damage is due to a breach of the obligation set out in section 7.2.
  • H. If the damage has been caused by an unauthorised driver to whom the lessee has left the vehicle.
  • I. If the damage has been caused by not taking into account the dimensions of the vehicle (height, width or length).
  • J. If the damage is due to a breach of the provisions relating to additional cargo.

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 they are due to causes attributable to the latter.

11.7 If there are more lessees, they shall be liable as joint debtors.

11.8 In the case of comprehensive insurance with deductible, the policyholder is the lessor, not the lessee, with the lessor reserving the power to use the insurance with regard to coverage of damage caused to the vehicle when the lessor considers it appropriate based on the damage caused.

11.9 Comprehensive insurance with deductible does not cover damage caused by the lessee inside the vehicle, with the lessee being responsible for any interior damage caused during the rental period and deducted from the The deposit is the amount required for any necessary repairs or replacements.

12. Responsibility of the lessor and prescription

12.1 The lessor delivers the vehicle in perfect condition, having carried out all the checks and maintenance necessary for its proper functioning. The lessor shall not be liable for mechanical failures or breakdowns due to normal deterioration of the vehicle, nor shall it be liable for expenses, delays or damages in any way caused, 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 cannot be delivered on the agreed date, this shall not give rise to any compensation, except for the lessor's return to the lessee of the amount paid.

12.3 The lessor assumes no liability to the lessee for the lessee's car that is, as free parking, on the lessor's premises during the rental period of the motorhome.

12.4 The General Conditions displayed at the rental centre at the start of the rental period shall apply.

13. Jurisdiction

In the event of disputes arising from or related to the motorhome rental contract, it is agreed that the jurisdiction will be that of the town where the corresponding rental takes place.