General rental terms and conditions
1. Scope, content of the contract, applicable law
1.1 Only the following General Conditions of My Traveling House, which will be the “lessor”, are valid. Those conditions of the lessee that differ or are contrary to the General Conditions of the Landlord will not be accepted. These General Terms of the Landlord will also be valid when the landlord rents without reservations.
1.2 The object of the contract with the lessee is only the delivery of the motorhome for rent. The landlord will not owe the benefits of the trip or, above all, all of the latter.
1.3 In the case of a reservation, a rental agreement governed exclusively by Spanish law will be executed between the lessee and the lessor / s. The lessee will organize his trip himself and use the vehicle at his own risk. The rental agreement will be limited to the agreed duration. The non-formal extension of the rental contract for an indeterminate period of time due to continued use is excluded.
1.4 All agreements between the lessor and the lessee will be made in writing.
1.5 All data requested by the lessor to the lessee will be granted by the latter in a consented manner from the moment the tenant signs these general conditions and the rental agreement. The lessor will only request those data that are strictly necessary to carry out the rental service, using this data to carry out the latter and / or any legal procedure in which they are required for events occurring during the rental period, restricting the access to these by third parties with malicious intentions.
2. Minimum age, authorized drivers
2.1 The lessee and each of the authorized drivers must be at least 25 years old and be in possession of a class B driving license over 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. To be able to deliver the motorhome it is absolutely necessary that the lessee and / or the driver (s) present the driver’s license and the valid national passport / identity card. In the event that the delivery is delayed by not presenting these documents, said delay must be assumed by the lessee. If the aforementioned documentation cannot be submitted at the agreed time to make the delivery or within a reasonable period of time, the lessor will be authorized to cancel the contract. The cancellation conditions set out in section 4.2 will apply. The rental company or the official authorities may require the presentation of the international driver’s license (in the case of customers not resident in the EU).
2.2 If, at the time of delivery of the rented motorhome, the driving license corresponding to the rented vehicle is not available, the motorhome shall not be collected; in this case the relevant cancellation conditions will apply (see section 4.2).
2.3 Only authorized drivers who have delivered their documentation to the lessor may drive the vehicle.
3. Rental prices and calculation, rental duration
3.1 The rental prices are derived from the price list 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 price list of the lessor in force at the time of signing the contract. Depending on the rental days reserved, the prices that appear in the list 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 consulted in the price list 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 price list of the lessor in force at the time of signing the contract. In the case of having a bicycle carrier and at the request of the lessee, the lessee will be responsible for the damages caused to it during the rental period and the necessary amount of repairs will be deducted from the deposit.
3.3 The minimum rent depends on the season in which the days of the rental 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 cabin-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 agreed time has elapsed in writing, the landlord will charge for each hour of delay (see section 6.4). If the lessee is delayed in the delivery of the vehicle and this causes another lessee to be harmed, the former must bear the costs incurred if the latter enforces his rights against the lessor.
3.7 If the vehicle is returned before the rental period has elapsed, the full rental price agreed above 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 a penalty (it will be charged from the deposit). The lessee will bear the fuel and operating expenses 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 lessor.
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, being able to pay by credit or debit card, in cash or by transfer, the latter must be made in a maximum period of three days. From 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 on the lessor.
In the event that the customer 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 terms, deposit
5.1 The rental price expected based on the reservation dates must be entered by bank transfer into the account that the landlord will provide to the lessee. In addition, it can 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 collection of the vehicle, the lessee must have previously made a bank transfer (which must be reflected in the landlord’s account at the time of departure of the vehicle) or must deposit by credit card the amount of € 700, in bond concept and as a guarantee of the faithful fulfillment of the obligations of this contract. In the case of using a credit card for payment, the expiration of the credit card must be greater than the duration of the lease.
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 delivered at the time of collection as contemplated in section 5.2.
5.4 The deposit will be returned after 48 hours after the vehicle is examined by the lessor, which in case of damage due to misuse will dictate the amount that the customer must pay. This amount will be deducted from the deposit deposited, the lessee accepting the payment of the difference if the cost of the damage exceeds the value of the deposit deposited. In case it is not possible to assess the damages immediately, the lessor will have 40 days to settle and return the deposit if necessary or claim the difference between it and the cost of damage. In the event of an accident, the amount of the insurance franchise 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, an additional 25 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 arising if the vehicle is left at any site 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 violation or any other kind, that are directed against the vehicle, to the lessee or lessor, derived from the term of this rental agreement, to unless they originated because of the landlord.
D. In the event that the fault of the lessee was the retained or repossessed vehicle, all expenses shall be borne by them, including loss of profits during the duration of the immobilization of the vehicle.
E. Expenses incurred for the lessor (including attorneys and attorneys’ fees) in claiming the amounts owed by the lessee under this contract.
F. The vehicle has full-risk insurance with franchise (does not include the personal effects of the tenant and companions). In the event of an accident or theft, the tenant will pay the amount of € 700 per accident.
5.6 If the lessee is late in payments, interest will be applied for late payment 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 point of delivery. A delivery document (Check Out) will be prepared in which the state of the vehicle will be described, and a list of the materials included in the vehicle will also be given and 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 them the tenant 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, and in case of loss it will act as in the previous case. The landlord will make available to the tenant 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 lessee is obliged to make a final inspection of the motorhome together with the lessor. A return certificate (Check In) will be prepared, which the lessor and the tenant will be required to sign. Damages not included in the delivery certificate, but detected at the time of returning the vehicle, will be borne by 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 to 12 in the morning. The schedules that appear in the rental contract will be considered as agreed. On Saturdays, deliveries and returns can only be made if a previous 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 they do 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 one day elapses 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 unauthorized delay.
6.5 If the lessee 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 availability that the landlord has at this time.
6.6 Any alteration of the rental dates must be previously authorized by the lessor. Failure to comply with this condition entitles the landlord to take over 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 does not respect the provisions of the same.
6.7 In the return of the vehicle for the end of the rental, in which the lessee is not present in the inspection of the vehicle for reasons attributable to him and damages in the vehicle are appreciated, the lessee accepts the assessment of the damages resulting from the inspection performed by the landlord.
6.8 The vehicle will be returned clean internally and with empty waste water tanks and WC. Otherwise, an amount of the deposit will be charged, in accordance with the rates established for this, for cleaning. The amounts amount to:
to. WC not empty: € 40.
b. Non-empty sewage: € 20.
c. Dirty interior: € 60.
d. Oil or grease stains that require dry cleaning: € 15 per spot.
and. Tires damaged by misuse (chains, transits off public roads, skidding …): from € 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 imply a penalty of € 750. 7. Prohibited uses, maintenance and protection obligations
7.1 The lessee acknowledges that he receives the vehicle in perfect mechanical condition, provided with the necessary documentation and with the appropriate tools, tires and accessories and undertakes to keep it in good condition. 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 himself 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.
E. Not to transfer its use to third parties for free or lucrative title and not to assist criminals.
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 inferior physical conditions motivated by alcohol, drugs, fatigue or illness.
H. Do not travel outside the road network or in any unsuitable terrain, or participate with the vehicle in sports, endurance, racing or other tests that may damage it.
I. Do not use it to push or tow other vehicles or trailers.
J. Do not unseat or manipulate the odometer, and must immediately notify the landlord of any damage.
K. Do not circulate outside the following countries, without the express authorization of the lessor:
Germany, Andorra, Austria, Belgium, Croatia, Czech Rep., Cyprus, Denmark, Estonia, Slovak Rep., 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 not in use and protect it from frost damage, hail or any other atmospheric phenomenon that could cause significant damage.
N. It is expressly forbidden for the lessee to vary any technical characteristic 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 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.
Ñ. It is expressly forbidden to transport the rental vehicle on board any type of ship, train, truck or plane, unless expressly authorized by the lessor.
O. In the event that the lessee would like to introduce a motorcycle or a moped inside the vehicle, this action will only be carried out under the written authorization of the lessor. Otherwise, the lessee may be charged for damages caused to the vehicle if they exist. However, if damages were caused even with the authorization of the lessor, these damages may also be imputed to the lessee and deducted from the deposit.
7.2 The vehicle must be properly cared for and treated, as well as properly closed. The technical standards as well as the determining provisions for use must be taken into account. The condition of the vehicle, especially the level of water and oil, as well as the tire pressure must be checked. The tenant agrees to check regularly if the rental motorhome is in perfect condition to drive safely.
7.3 Smoking is prohibited in all vehicles. Pets may not be taken. Cleaning costs, derived from any breach, will be borne by the tenant. Likewise, the latter must bear the expenses derived from 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 sections 7.1, 7.2. and 7.3, the lessor may immediately terminate the rental agreement.
8. Behavior to follow in case of an accident
8.1 In the event of an accident, theft, fire or damage caused by hunting species, the lessee must immediately inform the police, prepare a police report of the accident and report the facts to the landlord. In case of not preparing a police report, the insurance will not be responsible for the damages caused and it will be the tenant who assumes the expenses originated by said damages and as a consequence the expenses originated by the immobilization of the vehicle.
8.2 The responsibility for the act will never be recognized or prejudged, except for the “Friendly Accident Declaration”. The lessee must obtain all the data of the opposing party and of the witnesses, who together with the details of the accident will send within the indicated period to the lessor. Immediately notify the authorities of the accident if there is guilt of the opposing party. The accident report must be duly completed and signed at the latest when returning the vehicle to the lessor. The document must include the name and address of the persons involved, their driver’s license data, the data of the opposite with the name of the Insurance Company and the policy number, the data of the possible witnesses, as well as the license plates of The affected vehicles.
8.3 In case of theft or theft of the vehicle, the competent authority will be reported 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; the insurance and contracted coverage not being otherwise effective.
8.4 Even in damage without opposite, regardless of its seriousness, the lessee must write a comprehensive 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 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 of any of these measures, if applicable, the lessor may claim damages from the lessee caused by negligence of the latter, including loss of earnings during the duration of the immobilization of the vehicle.
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 that it has detected in the motorhome or its equipment once the rental period has begun. The rights to compensation for damages are excluded in case of defects indicated below, unless such 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 so advise, 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 that indicates an anomaly in the operation of the vehicle is illuminated, having to contact the lessor or the Assistance Company agreed by the lessor and only with it, and should go exclusively to an official service of the brand of the chassis-engine, unless expressly authorized by the lessor.
10.3 The lessee may order those repairs that are necessary to ensure safety during the operation and circulation of the vehicle during the rental period and that do not exceed € 150. For this, it will only be necessary to have the approval of the lessor. The latter will bear the cost of the repair if the original vouchers and the changed parts are delivered, provided that the lessee does not respond to the damage according to the section. 11. Damage affecting the tires is excluded from this standard.
10.4 In the event that a repair of these characteristics is necessary for damage attributable to the lessor and the lessee is not responsible for solving it, the latter must promptly indicate 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 lead to a delay in making the repair.
10.5 In the event of any breakdown of the elements of the cabin, the lessee must immediately notify the landlord from whom he will receive the appropriate instructions for repair.
10.6 In the event that without any fault on the part of the lessee, the motorhome suffers serious damage or it is anticipated that the vehicle may not be used for a long period of time or should be withdrawn from the circulation, the lessor, if he had availability to put available to the lessee in a reasonable time, a replacement vehicle equivalent in the number of places or higher, would be excluded a termination of the contract. In the event that 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 will suffer serious damage or it is anticipated that the vehicle cannot be used for a long period of time or should be withdrawn from the 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 had availability to make a replacement vehicle available to the lessee, he may charge the lessee for any expenses arising from it.
11.1 According to the principles of full insurance with excess, in case of integral or partial damages, the lessee must pay the first € 700 of the repair or replacement of parts, spare parts, labor necessary to repair the damage, for each part of claim that considers the expert of the Insurer (the insurer divides the vehicle into five parts that correspond to each side of the motorhome and the roof). The tenant accepting the payment of the difference if the cost of the damage exceeds the value of the deposit deposited for exceptional cases that the full-risk insurance does not cover. In case it is not possible to assess the damages immediately, the lessor will have 30 days to settle and return the deposit if appropriate or claim the difference between it and the cost of repair / replacement of the damage.
11.2 The lessee, under no circumstances, will be free of its responsibilities, civil, administrative, criminal or of any kind that are the result of an accident or fraudulent behavior.
11.3 The exemption from the responsibility indicated in the section. 11.1, will not take effect if the lessee omits any of the rules indicated in all points of section 8.
11.4 The exemption of responsibility of the apdo. 11.1 will not proceed in case the lessee has caused damage in a premeditated or negligent manner.
11.5 Likewise, the lessee must respond in case of malicious behavior in the following cases:
A. If the tenant does not respect the rules and the current traffic code, of the country where he is circulating.
B. If the damages are due to reckless driving due to the effects 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, against the obligation established in the section. 8, does not notify the police in case 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.
E. If the tenant violates other obligations of the 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 damages are due to a prohibited use in the section. 7.1.
G. If the damages are due to a violation of the obligation established in the section. 7.2.
H. If the damage has been caused by an unauthorized driver, to whom the tenant has left the vehicle.
I. If the damages have 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 related 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. Landlord responsibility, prescription
12.1 The lessor delivers the vehicle in perfect condition, having performed all the checks and maintenance necessary for its proper operation. It will not be responsible for mechanical failures or breakdowns due to its normal deterioration, 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 outside the landlord, the vehicle could not be delivered on the agreed date, this will not entitle any compensation, except for the return by the lessor to the lessee of the amount paid.
12.3 The landlord assumes no responsibility to 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 set out in the rental center will be valid at the time the rental period begins.
In case of derivative litigation or related to the rental contract of the motorhome, it is agreed that the jurisdiction is that of the population where the corresponding rental is made.