Motorhome Rental and Vacation Accommodation in Ojén

Terms and Conditions

From the beginning of the negotiations to make the reservation of a motorhome, the rental conditions are applicable and become part of the rental contract that will be formalized between both parties, the lessee Amelia Souza Rubiales, hereinafter D'Amelia, and you lessee, hereinafter customer. We ask you to read these commercial conditions carefully, since they are unavoidable.

1. Scope of application, content of the contract and applicable law.

Only the following general commercial conditions of the D'Amelia company are valid. Those conditions of the client that differ or are contrary to these will not be accepted. The latter will also be valid when the motorhome is rented without reservation to the client.

The object of the contract formalized with the client is, solely, the rental delivery of the motorhome and, where appropriate, the extra or optional accessories offered by D'Amelia and previously reserved by the client. At the time of delivery of the vehicle, a rental contract will be formalized between the client and D'Amelia, governed exclusively by Spanish law, by the general conditions contained herein and by the special ones agreed between the parties.

The client will organize his trip himself and will use the vehicle at his own risk. The rental contract will be limited to the duration agreed by the parties.

All agreements between D'Amelia and the client will be made in writing, either by electronic means, post or in person.

2. Minimum age and authorized drivers.

The client and each of the drivers must be at least 26 years old, and be in possession of a valid class B driving license that is more than one year old or the equivalent national permit.

If you are not a resident of the EU, you must be in possession of a valid international driving license.

In order to deliver the motorhome, it is absolutely necessary that the client and the driver(s) present the driver's license and the valid passport/ID. In the event that the delivery is delayed for not presenting these documents, said delay must be assumed by the client. If the aforementioned documentation cannot be presented 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 established cancellation conditions will apply.

At the time of booking the vehicle, the client and the aforementioned drivers will be obliged to send the company a valid copy of the following documents:

- National identity document, failing that passport.

- European driving license, failing that international driving license.

- Invoice or updated receipt for domestic supply (telephone, water, electricity...) that confirms your address.

At the time of collecting the vehicle, it will be mandatory to present the originals of said documentation.

All authorized drivers will have personal responsibility for any legal violations that are incurred during the rental period. The client undertakes to respond to the economic consequences derived from any personal infraction committed during the duration of the rental, in the following twelve months.

3. Prices and rental duration.

The rental prices are derived from the lessor's price list in force at the time of formalizing the contract, and the established minimum rental period per season. For each rental, a fixed and unique amount will be charged for the services provided. The rental prices of optional accessories are derived from the company's price list at the time of formalizing the reservation.

Rental prices include: 21% VAT, unlimited mileage for rentals of more than seven days in high season, comprehensive insurance with a €500 franchise and 24-hour roadside assistance throughout Europe in case of breakdown. In rentals for periods of less than seven days, a maximum of 200 km per day is included in low season and 300 km in medium season, at a cost of €0.25 for each kilometer exceeded.

The rental period begins with the collection of the motorhome by the client at the agreed place and ends with the delivery of the motorhome by the client at the agreed time and place. If the motorhome is not returned after the time agreed in writing has elapsed, the client will pay the amount of €10 for the first hour of delay and €20 for each subsequent hour. In addition, the client will assume the expenses derived from the fact that another client asserts his rights against the lessor due to a delay in the delivery of the vehicle by the previous client. In the event that the client does not return the vehicle on the agreed day and time, after 4 hours of non-compliance, if the delay is not known, D'Amelia will make the corresponding report of theft, damages and damages to the Police and the justice.

In the case of returning the vehicle before the contracted rental period elapses, the full agreed rental price must also be paid.

4. Terms of payment. Bail.

Upon collection of the vehicle, the customer must pay the amount of €600 as a deposit and as a guarantee of faithful compliance with the obligations of the lease. In the case of reservations with a period of less than 20 days from the start of the rental, the deposit and the entire rental will be paid immediately.

The deposit will be returned after the vehicle has been examined by a person in charge of the company, who in case of damage derived from misuse, will determine the amount that the client must pay. This amount will be deducted from the deposit deposited. If it is not possible to assess the damage immediately, the company will have 30 days to make the settlement and return the deposit if applicable. In the event of an accident, the amount of the all-risk insurance excess will also be deducted from the deposit. The deposit will be used to cover the cost of any loss or damage to equipment, accessories, extras, repairs or negligent damage to the vehicle.

In the event that the client terminates the binding reservation, the latter must pay the following cancellation fees calculated from the first confirmed reservation:

- If the cancellation is communicated before 30 days from the start of the rental________________10%

- If you communicate between 30 and 15 days before the start of the rental ________________________________20%

- If you communicate less than 15 days before the start of the rental ________________________30%

- If you communicate less than 3 days before the start of the rental _____________________________90%

- The same day of the rental or in case of not picking up the vehicle, 100% of the total rental price.

5. Delivery and return of the vehicle.

Before starting the trip, the client is obliged to follow the instructions given by the company's technical staff at the delivery point. Likewise, a delivery certificate will be drawn up in which the condition of the vehicle will be described and which must be signed by both parties.

When returning the vehicle, the client has the obligation to carry out a final inspection of the motorhome together with the company's personnel. A return certificate will be drawn up; Damages that are not included in the delivery certificate, but that are detected at the time of delivery, will be borne by the customer.

The motorhome pick-up time will be the one agreed between the two parties, and the delivery time will be done before 8:00 p.m. on the day the rental ends, unless another delivery time has been agreed. Delays in the delivery of the motorhome will be penalized as stated above.

If the client wishes to extend the rental, they must request it at least three days before the end of the contract, and the amount corresponding to said extension must be paid before the initial date of completion of the rental. The eventual confirmation of the extension will be subject to the availability that the company has at that time, therefore the latter does not assume any prior commitment.

In the return of the vehicle due to the end of the rental, in which the client is not present at the inspection of the same for reasons attributable to him, and damages are observed in the vehicle, the lessee accepts the assessment of the damages by the personnel of the company.

The vehicle is delivered with a full diesel and clean water tank, and must be returned in the same conditions. If this requirement is not met, the penalty for an empty clean water tank, regardless of the amount missing, would be €20. In the case of the diesel tank, the missing percentage would be calculated, based on a total of €200. Likewise, the vehicle must be returned clean both inside and outside, with penalties of up to €50 otherwise, and with the wastewater tank properly emptied and the WC completely empty and clean. Otherwise, the penalty amounts to €50 in the case of the WC and €20 in the case of wastewater. (The cleaning and disinfection expenses included in the rental do not exempt from delivering the motorhome in good condition, since these cover professional cleaning, both of the vehicle and of the household linen included, to ensure hygiene and disinfection in the delivery of the vehicle).

The fact of filling the drinking water tank with diesel or another fuel, or the diesel tank with water or another fuel, will imply a penalty of €750.

6. Prohibited uses, maintenance and protection obligations.

The customer acknowledges that he receives the vehicle in perfect mechanical condition, provided with the necessary documentation and with the appropriate tools, tires and accessories, and undertakes to keep it in good condition. Likewise, it undertakes to respect at all times the obligations and limitations described in the current Traffic Code. And is forced to:

Do not allow other people to drive it than himself or those expressly authorized.

Do not carry more passengers than those specified in the vehicle documentation.

Do not carry more passengers than those registered in the contract. In the case of verifying that passengers have been omitted for not paying the supplement, double the usual price will be deducted from the deposit, €10/day per person.

Do not sublet or transport people for commercial purposes and any other use that is not included in the contract.

Do not transport any type of prohibited merchandise, drugs, toxic or flammable products.

Not commit crimes, even if they are only punished according to the legislation in force in the place of the facts.

Do not drive the vehicle in inferior physical conditions caused by alcohol, drugs, fatigue or illness.

Do not travel outside the road network, or on any unsuitable terrain, or participate with the vehicle in sports, endurance, races or other events that may damage it.

Do not use to tow or push other vehicles.

Do not circulate outside of the following countries without the express authorization of the company: Germany, Andorra, Austria, Belgium, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Slovak Republic, Slovenia, Spain, Finland, France, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland.

In case of driving through Portugal, the customer must bring proof of toll payment, otherwise €200 of the deposit will be withheld until it is verified that there are no toll payment debts.

It is expressly prohibited to travel to any country that is at war or armed conflicts.

Have the vehicle properly parked when not in use and protect it from deterioration due to frost, hail or any other atmospheric phenomenon that could cause significant damage.

Smoking is prohibited in all vehicles and lighting candles inside. Pets may be brought (dogs or cats only) as long as A Happy Van has given authorization. The cleaning expenses derived from its non-compliance will be borne by the client.

The vehicle's fuel is only DIESEL, so all expenses incurred as a result of using a different fuel will be borne by the customer.

The loss of keys or vehicle documentation by the client entails the payment of €200 each for their replacement. Both will be deducted from the deposit.

In case of verifying that the provisions of the previous sections have been infringed, the company may terminate the contract immediately, request the return of the vehicle and the client will be forced to pay the entire lease as well as the expenses mentioned in the previous points. .

7. Behavior to follow in case of accident.

In the event of an accident, theft, fire or damage caused by hunting animals, the client must immediately inform the police and the company, calling the rental center telephone number that appears in the contract. Responsibility for the event will never be recognized or prejudged, except for the "Friendly declaration of accidents". The client must obtain all the data from the opposing party and from the witnesses, which, together with the details of the accident, will be sent to the company. 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 delivery of the vehicle. The document must include the name and address of the persons involved, their driver's license data, the data of the opponent with the name of the Insurance Company and the policy number, the data of any witnesses, as well as the number plates of the vehicles involved.

In case of robbery or theft of the vehicle, it will be reported to the competent authority immediately, notifying it and sending a copy of the complaint to the company, together with the vehicle keys. In damages without contrary, regardless of severity, the client must draw up a comprehensive written report for the company together with a sketch. Do not leave the vehicle without taking the appropriate measures to protect and safeguard it. Contact, if necessary, the Roadside Assistance Company contracted with the Insurer.

The normal mechanical wear of the vehicle is assumed by the rental company. When the duration of the route or the state of the roads make it advisable, the necessary maintenance operations will be carried out in an official service of the brand of the chassis-engine. Stop the vehicle as soon as possible when any warning light indicating an anomaly in the operation of the vehicle comes on, and you should contact the company or the Insurer. The client may order those repairs that are necessary to guarantee the safety during the operation and circulation of the vehicle during the rental period, as long as they do not exceed €150. For this, it will only be necessary to have the approval of the company. This will bear the costs of the repair, provided that the original receipts of the repair and the parts replaced are delivered, provided that the client is not responsible for the damage. Damages that affect the tires are excluded from this rule. In the case of any breakdown of the elements of the passenger compartment, the client must notify the company from whom he will receive the appropriate instructions for its repair. In the event that the motorhome suffers serious damage or it is expected that it will not be able to be used for a long period of time, for reasons beyond the control of the company, if it had the possibility to make a vehicle available to the client within a reasonable time the same number of places or more, a termination of the contract would be excluded.

In the above case, the client being guilty of the damage to the motorhome, the company may refuse to offer a replacement vehicle.

8. Responsibility of the client. Comprehensive insurance.

According to the principles of all-risk insurance, in the event of comprehensive damage, the company will exempt the client from liability for material damage, with an excess of €500, which must be assumed by the client. The client will not be exempted from their civil, administrative, criminal or any other responsibilities that are the consequence of an accident or culpable behavior.

The client will be responsible for all expenses, fees, fines and sanctions related to the use of the vehicle that are claimed from the company.

9. Responsibility of the rental company.

The company delivers the vehicle in perfect condition, having carried out all the checks and maintenance necessary for its proper functioning. It will not be responsible for mechanical failures or breakdowns due to normal deterioration of the same, nor is it responsible for expenses, delays or damages produced, directly or indirectly, as a consequence of such failures or breakdowns. If due to force majeure, the vehicle could not be delivered on the agreed date, this will not give the right to any compensation, except for the refund of the amount paid as a reservation.

The company does not assume any responsibility before the client for the car that is, as free parking, in the premises of the company during the rental period of the motorhome. These "General Rental Conditions" bind the parties from the initial moment of making the reservation and are an integral part of the vehicle rental contract.

10. Jurisdiction.

In the event of disputes derived from or related to any of the acts related to the reservation or rental contract of the motorhome, it is agreed that the jurisdiction is that of the Courts and Tribunals of the city of Marbella (Spain).