1. Applicable legal regulations
In the case of package tours, the contractual relationship between the organising agency (Buena Ruta & Lopstravel S.L., with title-licence (G.C.) number 4747, domiciled in Barcelona, Carrer Provença 385, 6º 3ª, office C) and the client is governed by the clauses of the package travel contract, by the technical sheet of the trip which details its definitive content and by these general conditions, all drawn up in accordance with the provisions of the Catalan Travel Agency Regulations (Decree 168/1994, of 30 May) and by the State Law on general contracting conditions (Law 7/1998, of 13 April).
The contracting parties expressly submit to the jurisdiction of the Courts of Barcelona to resolve any discrepancies or claims arising from the interpretation or execution of the package travel contract and these general conditions, and waive their own jurisdiction if different.
2. Registration for the trip
In order to register for the holiday and to be considered as a booking, the customer must have paid the corresponding deposit (depending on the holiday booked). The remaining amount is to be paid at the latest 15 days before departure.
3. Price of the trip
The prices of the trips expressed on the website include value added tax, and have been calculated on the basis of exchange rates, transport costs, fuel costs, taxes and duties applicable on the date of publication of the trip on the website.
The price of the package does not include the vehicle, tolls, fuel, insurance, visas, luggage, tips, vaccination certificates, extra services in the accommodation, drinks, personal expenses, excursions or optional visits. In general, everything that is not expressly detailed in the price of the package offered shall be understood not to be included in the same.
The price indicated may be revised up to 20 calendar days before the date of departure in the event of variations in the cost of transport (including the price of fuel), in the taxes or charges relating to certain services (such as landing, embarkation or disembarkation at ports and airports) and in the exchange rates applied to the trip.
When the travel agency is obliged to significantly modify the price of the package for reasons other than those expressed in the previous paragraph, it shall notify the consumer as soon as possible (in writing or by any means that allows a record of the communication made), so that he can choose to accept the supplement or withdraw from the reservation or the contract (if it has been formalised).
Travel insurance and cancellation insurance: The prices do not include travel insurance or cancellation expenses insurance, as these are optional for the client. We insist that clients inform themselves of their coverage before contracting them, which we always recommend.
4. Contractual conditions
The execution of the advertised trips may be conditioned to the registration of a minimum group of vehicles, which may vary depending on each route (check in the advertising of the route if the trip in question requires the formation of a minimum group of vehicles). In the event that this group is not formed, the AGENCY may cancel the trip without the right to compensation for the customer, provided that the customer notifies the AGENCY no later than 10 calendar days before the scheduled start date of the trip.
The travel agency is not responsible for any incidents related to the luggage and personal belongings of its customers. Their transport is at the traveller’s own risk.
All customers are advised to be present during all loading and unloading of their luggage.
Tourist accommodation establishments, in accordance with their specific regulations, shall be responsible for any incident related to luggage and personal belongings that may occur during the period of accommodation therein.
In the case of air, sea or river transport, the conditions of the transport companies are applicable, the ticket being the only binding contract between the aforementioned companies and the passenger. In the event of delay, loss or damage to your luggage, it is recommended that you file a complaint with the transport company immediately (before leaving the airport or port).
The client is obliged to always carry with him the national identity document and also, if required, the passport in the original and valid copies.
All users, and especially clients of nationality other than Spanish, are advised that, before starting their journey, they must ensure that they comply with all visa requirements in order to enter, leave and travel without problems in the country or countries to be visited, and assume the consequences of non-compliance.
Any special documents (such as visas, vaccination certificates, etc.) required by the travel destination for entry into the country shall be at the customer’s expense. The customer assumes the risk that the competent authority may refuse to grant a visa or that he/she may not be able to enter the country because he/she does not have the required documents, at his/her own risk and expense. In the event of not being able to continue their journey, the conditions outlined in the section on cancellations or voluntary withdrawal of services shall apply.
Minors under 18 years of age must carry a document authorising them to make the trip, signed by both parents, by the custodial parent (in cases of separated or divorced marriages) or by the guardian, in anticipation that the same may be requested by any competent authority.
The driver of the motorhome must also carry a valid driving licence valid in the country/countries of transit and destination, as well as all the documentation corresponding to the motorhome. The client is responsible for ensuring that his vehicle has insurance that covers the maximum possible incidents and that it has coverage within the country/countries where the route takes place. The client is informed by the travel agency that no insurance covers the repatriation of the vehicle outside Europe and the countries bordering the Mediterranean, so the client accepts this risk and personally assumes any expenses that may arise from it.
Likewise, if the motorhome is in the name of a company or a person other than the person making the route, a letter of authorisation from the owner of the motorhome must be provided, and a copy of the title deeds must also be provided if the motorhome belongs to a company.
7. Cancellation by the client. Cessions and Cancellations of the trip due to not reaching the minimum number of people registered.
The user or consumer may withdraw from the services requested or contracted at any time and shall be entitled to a refund of the amounts paid, whether the total price or the advance payment as stated in the previous section, but must compensate the AGENCY for the following items:
a) In the case of single services: The total management costs plus the cancellation costs, if any.
b) In the case of package tours:
1. The management fees plus cancellation fees, if any.
2. A penalty, consisting of:
– up to 50 days before the start of the trip, 40% of the trip price.
– between 49 and 15 days before the start of the trip, 80% of the price of the trip
– less than 15 days before the start of the trip, 100% of the trip price.
In the event of a no-show at the scheduled departure time, no refund of the amount paid will be made, unless otherwise agreed between the parties.
In the event that any of the services contracted and cancelled were subject to special economic conditions of contracting, such as motorhome rental, chartering of aircraft, ships, special rates, etc., the cancellation fees for cancellation will be established in accordance with the conditions agreed by both parties.
The consumer of the package tour may transfer his/her reservation to a third party, requesting it in writing 15 days before the start date of the tour, unless the parties agree to a shorter period in the contract.
The transferee must meet the same requirements as the transferor, which are generally required for the package holiday, and both will be jointly and severally liable to the Travel Agency for the payment of the price of the holiday and the justified additional costs of the transfer.
In cases where the Organiser conditions, and expressly specifies, the viability of the package travel offer to have a minimum number of participants and, because this number is not reached, the trip is cancelled, the user will only be entitled to a refund of the total price or the amounts paid in advance, without being able to claim any amount for compensation, provided that the Agency has notified the user in writing at least 10 days before the planned start date of the trip.
8. Accommodation establishments
The content and quality of the services provided by tourist accommodation establishments are determined by the local tourist category specified in the contract or in the technical data sheet. In the event that this classification does not exist, the description and characteristics of the establishment shall be stated in the contract.
9. Transfer of the booking
The client may transfer his/her reservation to a third party provided that he/she informs the agency 15 days before the start date of the trip and that this is not expressly prohibited by the providers of the different services. There are suppliers that may request management fees for the transfer of the booking, so, before proceeding with the transfer, please consult the travel agency about these fees.
The transferee must meet the same requirements as the transferor, and both shall be jointly and severally liable to the travel agency for the payment of the price of the trip and the additional costs of the transfer.
10. Modification of the trip by the organiser
If the organiser is obliged to significantly modify the essential elements of the package travel contract after its conclusion and before the departure date of the trip, he must notify the client in writing as soon as possible so that the client can choose between cancelling the reservation or the contract, with the right to a full refund of the amounts paid, or accepting the consequences of the modification of the initial trip.
In the event that the client does not communicate his decision in writing within three working days of notification, it shall be understood that he chooses to cancel the booking or the contract.
Sufficient causes for the modification of the trip are considered to be cases of force majeure (external, abnormal and unforeseeable circumstance) and when the number of people required to carry out the trip is not present. In these circumstances, no compensation shall be payable.
In the event that the customer chooses to terminate the contract according to the previous paragraphs, or the organising agency finally decides to cancel the trip, the consumer may choose between a full refund of the amounts paid, or, if the organising agency can offer it, to another package of equivalent or superior quality. If the tour offered is of inferior quality, the organising agency shall reimburse the customer for the difference in price.
If, during the execution of the trip, a significant part of the contracted services are not provided or cannot be provided, the organising agency will adopt the appropriate solutions for the continuation of the trip, without a price supplement for the client, and, if applicable, will reimburse the client the amount of the difference between the services foreseen and those provided. If the solutions are not feasible or if the customer does not accept them for valid reasons, the organiser shall provide a means of transport to enable the customer to return to the point of origin and, where appropriate, shall compensate the consumer.
The organising agency shall not be liable for lost services or expenses incurred due to the breakdown of the customer’s vehicle. No reimbursement will be made in the event that the client has to leave the route due to a serious breakdown of the vehicle.
The organising and selling agencies shall be liable for the consequences arising from the non-execution or deficient execution of the contract in proportion to their intervention in the management of the package tour.
However, they will be exempted from this responsibility when it has been due to a cause of force majeure (external, abnormal and unforeseeable circumstance), due to an event that neither the organising agency nor the suppliers have been able to avoid or when the cause is attributable to the client or a third party.
The client is obliged to notify the organising agency, preferably on the spot or in any case within a maximum period of 10 days from the end of the trip, and in writing, of any non-compliance in the execution of the trip.
In group trips, the modification of the initial contract may be admitted provided that the alteration of the itinerary or the substitution of services is justified by circumstances of force majeure, weather conditions, safety issues for travellers, unforeseen cuts in the roads we travel on, unforeseen impositions by suppliers in the area or for reasons of the limited local infrastructure. Any other alterations to the route must be approved by the group and expressly consented to by the agency.
In the event that the customer lodges a complaint, the travel agency shall have a period of one month from the date on which the complaint was lodged to provide the customer with a response.
The customer may also ask the competent authorities to mediate in the dispute. Submission to mediation is voluntary for the travel agency, which will assess on a case-by-case basis whether or not to accept the mediation proposed by the administration at the request of the consumer.
If the conflict is not resolved by any of these means, the consumer would have the possibility of resorting to arbitration or judicial proceedings.
The consumer is advised that our agency is not a member of the consumer arbitration system.
In the event that the customer decides to go to court, we warn that the statute of limitations for legal action arising from the package travel contract is two years from the day on which the trip ended or should have ended.
13. Guides and personalised guides
The content of the route and travel guides advertised and/or distributed on this website and/or by e-mail is the exclusive property of its author, Buena Ruta. All rights reserved.
It is expressly forbidden to reproduce, record or transmit, in whole or in part, the contents of these guides, by any means, whether mechanical, electronic, magnetic, electro-optical, by photocopy or by any other means without the prior written authorisation of the author.
These general terms and conditions were drawn up on 22 March 2012 and shall remain in force indefinitely until amended.
Dear customer, your contracting party is the respective rental station that delivers the vehicle to you. By concluding the contract for the reservation of a motorhome, the following rental conditions shall become part of the contract between the contracting parties and the respective rental station (hereinafter referred to as the «Rental Firm») and you (hereinafter referred to as the «Hirer»). Please read these terms and conditions carefully.
General Terms and Conditions of Motorhome Rental
1. Scope of application, content of the contract, applicable law
1.1. Only the following general terms and conditions of partners and licensees (hereinafter referred to as the «Rental Firm») apply. Terms and conditions of the Hirer that differ from or are contrary to the general terms and conditions of the Rental Firm are not admissible. The latter shall also apply if the Rental Firm rents the motorhome to the Hirer without reservation, even if it is aware of the deviating conditions of the Hirer.
1.2. The purpose of the contract concluded with the Hirer is solely the rental of the motorhome. The Hirer shall not be liable for the services of the trip, and in particular not for the totality of the latter.
1.3. In the event of a reservation, a rental contract governed exclusively by Spanish law shall be concluded between the Hirer and the Rental Firm(s). The Hirer shall organise his own journey and use the vehicle at his own risk. The rental contract is limited to the agreed duration. A tacit extension of the rental contract for an indefinite period due to continued use is excluded.
1.4. All agreements between the Rental Firm and the Hirer must be made in writing.
2. Minimum age, authorised drivers
2.1. The Hirer and each driver must be at least 25 years old. And be in possession of a driving license class B with more than two years old or the corresponding national license. If they are not resident in the EU, they must be in possession of an international driving licence.
2.2. Please note that some of the Hirer’s vehicles have a total weight of more than 3.5 tonnes and that a driving licence is required to drive these vehicles. For greater safety, holders of a class B driving licence should check with the Rental Firm the total authorised mass of the vehicle rented by the Hirer.
2.3. If at the time of delivery of the rented motorhome, a driving licence that corresponds to the rented vehicle is not available, the motorhome is deemed not to have been collected; in this case, the relevant cancellation conditions apply (see clause 4.2).
2.4. Only the Hirer and additional drivers who have registered at the rental station may drive the vehicle.
3. Rental prices and calculation, rental period
3.1. The rental prices are derived from the Rental Firm’s price list in force at the time of conclusion of the contract. The minimum rental period during certain periods of the year is also derived from the Rental Firm’s price list in force at the time of conclusion of the contract. Depending on the number of rental days booked, the prices shown in the price list for the respective season apply. For each rental, a fixed, one-off fee is charged for the services rendered, the amount of which can also be found in the price list of the Rental Firm in force at the time of conclusion of the contract.
3.2. The rental prices of optional accessories are derived from the price list of the lessor in force at the time of conclusion of the contract.
3.3. The minimum rental differs according to the country where the rental takes place.
3.4. The corresponding rental prices include: VAT, comprehensive insurance in accordance with the relevant insurance cover (see below para. 11), mobility guarantee of the chassis cab manufacturer.
3.5. The rental period begins with the collection of the motorhome by the Hirer from the rental station and ends with the collection of the vehicle by the staff of the rental station.
3.6. If the motorhome is returned after the time agreed in writing has elapsed, the Rental Firm will charge a penalty per hour of delay (however, for each day of delay the price will be the price for a whole day). The Hirer shall bear the costs arising from the fact that another Hirer or another person asserts his rights against the Rental Firm due to a delay in the delivery of the vehicle for which the Hirer is responsible.
3.7. In the event of returning the vehicle before the end of the contracted rental period, the full contractually agreed rental price must also be paid.
3.8. The motorhome is delivered with a full tank of fuel and must be returned in this condition. Otherwise, the Rental Firm will charge a penalty per litre of diesel fuel. The Hirer shall bear the costs of fuel and operation during the rental period.
3.9. In order to return the vehicle to a centre other than the pick-up centre, a special agreement with the Rental Firm is required and the payment of the amount corresponding to this service to be agreed upon prior to the pick-up of the motorhome.
4.1. Reservations are only binding after confirmation by the Rental Firm in accordance with clause 4.2 and only for vehicle groups, not for vehicle models. This also applies if the description of the vehicle group indicates a specific vehicle model as an example.
4.2. After the Rental Firm has provided written confirmation of the reservation, a deposit of 50% of the total rental amount must be paid within 48 hours. The reservation is then binding for both parties. If the hirer does not meet this deadline, the reservation is no longer binding for the landlord. In the event that the client cancels the binding reservation, the latter must pay a cancellation fee of 60 euros at the following cancellation rates calculated from the first confirmed reservation:
– up to 50 days before the start of the rental, 40% of the rental price with a minimum (approx. EUR 400) depending on the rental centre.
– between 49 and 15 days before the start of the rental, 80% of the rental cost
– less than 15 days before the start of the rental, 100% of the rental price.
5. Terms of payment, deposit
5.1. The rental price according to the booking dates is to be paid into the account provided by the Rental Firm to the Hirer no later than 40 days before the start of the rental period.
5.2. At the latest, at the time of collection of the vehicle, the lessor must pay the deposit by credit card, as a deposit and as a guarantee of the faithful fulfilment of the obligations of this contract.
5.3. In case of short-term bookings (less than 14 days before the rental date), the deposit and the rental price will be due immediately.
5.4. The deposit will be returned after the vehicle has been inspected by an official of the Rental Firm, who, in the event of damage due to misuse, will determine the amount to be paid by the client. This amount will be deducted from the deposit, and the lessee accepts to pay 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 lessor will have 30 days to make the settlement and return the deposit if necessary or claim the difference between this and the cost of the damage. In the event of a claim, the amount of the comprehensive insurance excess will also be deducted from the deposit. In the event that the tenant has to be paid compensation for the rental price paid in advance, this amount will be refunded together with the security deposit.
5.5. The lessee expressly undertakes to pay the lessor:
a. Upon return of the vehicle, the amount of the mileage for three-day rentals, calculated according to the rate in force, and/or the additional charges arising from the application of these General Rental Conditions.
b. The additional charges arising if the vehicle is left in any other place or city, without the lessor’s authorisation.
c. The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic offence or of any other kind, which are directed against the vehicle, the lessee or the lessor, derived from the period of validity of this rental contract, unless they have been caused by the fault of the lessor.
d. In the event that the vehicle is detained or impounded due to the fault of the lessee, all expenses will be at his expense, including the loss of profit of the lessor for the duration of the immobilisation of the vehicle.
e. Expenses incurred by the lessor (including lawyers’ and solicitors’ fees) in claiming the amounts owed by the lessee by virtue of this contract.
f. The vehicle has comprehensive insurance with excess (does not include the personal effects of the lessee and accompanying persons). In the event of accident or theft, the lessee shall be responsible for the minimum amount stipulated per claim according to the rental centre (consult estimates).
5.6. If the Hirer is in arrears with payments, interest will be charged for late payment in accordance with the legal provisions in force.
6. Delivery and return of the vehicle
6.1. Before starting the journey, the Hirer is obliged to follow the instructions given by the Rental Firm’s technical staff at the point of delivery. In addition, a delivery report (Check Out) will be drawn up describing the condition of the vehicle, which must be signed by both parties. The Rental Firm may refuse to hand over the vehicle until the vehicle has been inspected.
6.2. When returning the vehicle, the Hirer is obliged to carry out a final inspection of the motorhome together with the employees of the rental station. A check-in report will be drawn up, which must be signed by the Rental Firm and the Hirer. Damages that do not appear in the check-in report, but which are detected at the time of returning the vehicle, shall be at the Hirer’s expense.
6.3. As a general rule, deliveries and returns of vehicles will be made at noon; returns in the morning. 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 lessor.
6.4. Unauthorised delays in return will be penalised 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 communicated immediately to the lessor so that he accepts it; otherwise it will be considered an unauthorised delay.
6.5. If the lessee wishes to extend the lease, he must apply to the lessor at least three days before the end of the contract. The possible confirmation of the extension will be subject to the availabilities that the lessor has at this time, therefore the latter does not assume any prior commitment whatsoever.
6.6. Any alteration of the rental dates must be previously authorised by the lessor. Failure to comply with this condition entitles the lessor to take over the vehicle or to demand it by court order. The lessor reserves the right to obtain the return of the vehicle at any time during the validity of this contract, if its use contravenes the provisions of this contract.
6.7. In the return of the vehicle for termination of the rental, in which the lessee is not present at the inspection of the same for reasons attributable to him, delivery by mailbox or unavailability, and damage to the vehicle is found, the lessee accepts the assessment of the damage resulting from the inspection carried out by the lessor’s staff.
6.8. The vehicle is to be returned clean inside and with empty waste water and toilet tanks. Otherwise, a supplement will be charged in accordance with the rates established for this purpose, for cleaning.
6.9. Filling the drinking water tank with diesel or other fuel, or the diesel tank with water or other fuel, will result in a financial penalty.
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, tyres and accessories and undertakes to keep it in good condition. He also undertakes to respect at all times the obligations and limitations described in the current Highway Code and undertakes to:
a. Not to allow any other person to drive the vehicle other than himself or those expressly authorised to do so.
b. Not to carry more passengers than those specified in the vehicle documentation.
c. Not to hire or transport persons for commercial purposes or any other use not covered by the contract.
d. Not to transport any kind of goods, drugs, toxic or inflammable 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 at the place of the offence.
g. Not to drive the vehicle in an unfit physical condition due to alcohol, drugs, fatigue or illness.
h. Not to drive outside the road network or on any unsuitable terrain, or to participate with the vehicle in sporting, endurance, racing or other events that may damage the vehicle.
i. Not to use the vehicle to push or tow other vehicles or trailers.
j. Not to unseal or tamper with the odometer, and must immediately inform the lessor of any damage to it.
k. Not to drive outside the following countries without the express authorisation of the lessor: Andorra, Austria, Belgium, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.
l. It is expressly forbidden to travel to any country involved in war or warlike conflicts.
m. To keep 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 likely to cause significant damage.
n. It is expressly forbidden for the Hirer to change any technical characteristics of the vehicle, the keys, locks, equipment, tools and/or accessories of the vehicle, as well as to make any modification to its exterior and/or interior appearance, unless expressly authorised in writing by the Rental Firm. In the event of an infringement of this article, the Hirer shall bear all the costs of restoring the vehicle to its original state, and shall also pay compensation for the immobilisation of the vehicle until it is fully repaired.
7.2. The vehicle must be properly cared for and treated and properly locked. The technical standards as well as the regulations governing the use of the vehicle 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 Hirer undertakes to check regularly whether the rented motorhome is in a perfect and safe roadworthy condition.
7.3. Smoking is prohibited in all vehicles. Pets may be brought in, provided that the Hirer has given his express permission. Cleaning costs, resulting from any non-compliance, shall be borne by the Hirer. Likewise, the latter must bear the costs arising 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. If it is established that the provisions of paragraphs 7.1., 7.2. and 7.3. above have been violated, the Rental Firm may immediately terminate the rental contract.
8. Behaviour to be followed in the event of an accident
8.1. In the event of an accident, theft, fire or damage caused by game animals, the Hirer must immediately inform the police and the Rental Firm by calling the telephone number of the rental station (the telephone number is stated in the rental agreement), at the latest on the working day following the day of the accident. Claims to the contrary are not admissible.
8.2. Responsibility for the event will never be acknowledged or prejudged, except in the case of a «Friendly Accident Declaration». The lessee must obtain all the data from the opposing party and witnesses, which together with the details of the accident will be sent within the period indicated to the lessor. 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 at the time of returning the vehicle to the lessor. The document must include the names and addresses of the persons involved, their driving licence details, the names and addresses of the persons involved, their driving licence details, the names and addresses of the persons involved and their driving licence details.
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 vehicles involved.
8.3. In the event of theft or robbery of the vehicle, it shall be reported to the competent authority immediately, communicating it and sending a copy of the report to the lessor, together with the keys of the vehicle, within a maximum period of 24 hours; otherwise the insurance and coverage contracted shall be null and void.
8.4. Even in damages without contrary, regardless of their severity, the lessor must draw up for the leaser a comprehensive written report along with a sketch. If the Hirer fails to draw up the report – for whatever reason – and thus prevents the insurance company from paying for the damage, the Hirer is 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 caused by negligence of the lessee, including the loss of profit of the leasing company during the time the vehicle is immobilised.
9. Defects of the motorhome
9.1. Claims for damages of the Hirer for defects not attributable to the Rental Firm are excluded.
9.2. When returning the vehicle, the Hirer must inform the Rental Firm in writing of any defects that he has detected in the motorhome or its equipment after the rental period has begun. Claims for damages in the event of defects reported subsequently are excluded, unless such a claim is based on non-obvious damage.
10. Repairs, replacement vehicle
10.1. Normal mechanical wear and tear of the vehicle is assumed by the leaser. When the length of the journey or the state 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 indicating an anomaly in the operation of the vehicle lights up, and contact the Rental Firm or the Assistance Company arranged by the Rental Firm, and only the latter, and go exclusively to an official service of the make of the chassis-engine, unless expressly authorised by the Rental Firm.
10.3. The lessee may order those repairs that are necessary to ensure the safe operation and driving of the vehicle during the rental period and which do not exceed 150 €. For this, it is only necessary to have the approval of the Rental Firm. The latter will bear the costs of the repair if the Hirer is provided with the original receipts and the replaced parts, provided that the Hirer is not liable for the damage in accordance with Clause 11.
10.4. In the event that such a repair is necessary because of damage attributable to the leaser and the lessor is not responsible for solving it, the latter must promptly inform the leaser the damage in question and allow a reasonable time for repair. The Rental Firm is not liable for country-specific conditions (e.g. infrastructure), which lead to a delay in carrying out the repair.
10.5. In the case of any damage to the elements of the passenger compartment, the lessor must immediately notify the leaser who will receive the appropriate instructions for repair.
10.6. In the event that through no fault of the leaser, the motorhome is seriously damaged or it is expected that the vehicle can not be used for a long period of time or must be withdrawn from circulation, the leaser, if available to make available to the lessor within a reasonable time, a replacement vehicle equivalent in the number of seats or higher, would be excluded a termination of the contract.
0.7. If the Hirer is at fault and the motorhome is seriously damaged or it is foreseen that the vehicle cannot be used for a long period of time or must be taken out of service, the Rental Firm may refuse to provide a replacement vehicle. In this case, a termination of the contract by the Hirer is excluded. If the Rental Firm is able to provide the Hirer with a replacement vehicle, it may charge the Hirer for any costs arising from this.
11. Liability of the Hirer, comprehensive insurance
11.1. According to the principles of comprehensive insurance, in case of comprehensive damage, the lessor will exempt the lessee from liability for damage to property, with the excess to be borne by the lessee.
11.2. The lessee, under no circumstances, will be exempt from its liabilities, civil, administrative, criminal or any other kind that are the result of a claim or wilful misconduct.
11.2. The exemption from liability indicated in paragraph 11.1. will not be effective if the lessee fails to comply with any of the rules indicated in all points of paragraph 8.
11.3. The exemption from liability in paragraph 11.1. not apply if the lessor has caused damage intentionally or negligently.
11.4. Also, the lessor must respond in case of wilful misconduct in the following cases:
a. If the lessor does not respect the rules and the highway code in force in the country where he is driving.
b. If the damage is due to reckless driving under the influence of drugs or alcohol.
c. If the hirer or the driver, to whom the hirer has left the vehicle, flees in the event of an accident.
d. If the Hirer, contrary to the obligation in paragraph 8, fails to notify the police in the event of an accident, unless this failure did not influence the ascertainment of the reasons for the damage or the extent of the damage.
e. If the Hirer violates other obligations of Paragraph 8, unless this violation has not influenced the ascertainment of the reasons for the damage or the extent of the damage.
f. If the damage is caused by a use prohibited in para. 7.1.
g. If the damage is caused by a breach of the obligation under par. 7.2.
h. If the damage has been caused by an unauthorised driver, to whom the Hirer has left the vehicle.
i. If the damage has been caused by disregarding the dimensions of the vehicle (height, width, length).
j. If the damage is due to non-compliance with the provisions regarding additional load.
11.5. The Hirer is liable for all costs, fees, fines and penalties related to the use of the vehicle, which are claimed from the Rental Firm, unless they are due to causes attributable to the latter.
11.6. If there are more lessees, they are jointly and severally liable.
12. Liability of the leaser, prescription
12.1. The leaser delivers the vehicle in perfect condition, having performed all checks and maintenance necessary for its proper functioning. It is not 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 for reasons of force majeure, fortuitous reasons or reasons beyond the control of the leaser, the vehicle could not be delivered on the agreed date, this will not entitle any compensation, except the return by the leaser to the lessor of the amount paid by way of reservation.
12.3. The Rental Firm is not liable to the Hirer for the Hirer’s car which is parked free of charge on the Rental Firm’s premises during the rental period of the motorhome.
12.4. The Rental Firm is liable without limitation in the event of intent and gross negligence. In the case of slight negligence, the Rental Firm is only liable to a limited extent for the foreseeable damage specified in the contract, insofar as an obligation is breached, the fulfilment of which is of particular importance for the purpose of the contract (cardinal obligation). This measure of liability also applies in cases where obstacles to the performance of services arise at the time of conclusion of the contract.
12.5. The General Terms and Conditions of Business displayed at the rental station at the time of commencement of the rental period shall apply.
13. Place of jurisdiction
In the event of disputes arising out of or in connection with the motorhome rental agreement, it is agreed that the place of jurisdiction shall be that of the relevant rental station.
These General Terms and Conditions of Motorhome Rental were drawn up on 22 March 2012 and shall remain in force indefinitely until amended.