GENERAL RENTING CONDITIONS IN KUMUNDI CAMPER VAN

The following rental conditions will become part of the contract that takes place between the leasing company (hereinafter, the “lessor”) and you (hereinafter, the lessee). The hirer rents the vehicle from the renter and undertakes to comply with the clauses and stipulations established therein, stamping his signature in proof of compliance with the terms thereof.

1. Content of the contract and scope

1.1. The object of the contract entered into with the lessee is only the delivery of the vehicle under the rental regime. The lessee will not owe the travel benefits or other expenses, especially the totality of the latter.
1.2. In case of reservation, a rental contract governed exclusively by Spanish law will be executed between the tenant and the landlord. The lessee will use the vehicle at his own risk. The rental agreement will be limited to the agreed duration. The tacit prolongation of the rental agreement for an indeterminate period due to continued use is excluded.

2. Rates and duration of the rental

2.1. The rental prices are derived from the list of rates of the lessor in force at the time of formalizing the contract. The minimum rental period established during certain times of the year is also derived from the list of prices of the lessor in force at the time of signing the contract. Depending on the reserved rental days, the prices that appear on the list for the corresponding season will be valid.
2.2 The rental prices of the optional accessories are derived from the list of prices of the lessor in force at the time of formalizing the contract.
2.3 The corresponding rental prices include: VAT and compulsory insurance and roadside assistance (depending on the insurance, it will cover glass and tires) and the daily mileage specified in the contract or the current Price Tariff depending on each type of vehicle. Excess kilometers will be invoiced separately according to the fare.
2.4. The rental period begins with the collection of the vehicle by the lessee at the agreed site and ends with the collection of the vehicle by the lessor at the agreed date and location.
2.5. If the vehicle is returned once the time agreed in writing has elapsed, the lessor will compute € 30.00 per hour of delay (however, as a maximum for each day of delay the price will be the equivalent of three times the whole day). The lessee will assume the expenses derived from the fact that another lessee or another person enforce their rights against the lessor, due to a delay in the delivery of the vehicle, attributable to the lessee.
2.6 In case of returning the vehicle before the contracted rental period elapses, the full rental price agreed to by contract must also be paid.
2.7. The vehicle is delivered with a full fuel tank and must be returned. Otherwise, the lessor will charge in addition to the corresponding amount to fill the fuel tank, € 30 more in concept of service. The hirer will bear the fuel and running costs during the rental period.
2.8. To return the vehicle in a different center to the collection center, a special agreement will be required with the lessor and the payment of the amount corresponding to this service will be agreed before the vehicle is collected.

 

3. Authorized drivers

3.1. The lessee and each of the additional drivers requested must be at least 24 years old, in possession of a Class B driving license with more than two years old or the corresponding national permit. If you are not a resident of the EU, you must be in possession of the international driving license.
3.2 If a driver’s license corresponding to the rented vehicle is not available at the time of delivery of the rented vehicle, or the documentation presented is false or inaccurate, the vehicle will be considered not collected; in this case the relevant cancellation conditions will apply
3.3. Only the tenant and the drivers mentioned in the rental contract can drive the vehicle.

4. Cancellations and reservations

4.1. The reservations will only be binding after the confirmation of the lessor, according to apdo. 4.2. The lessor will be obliged to offer a vehicle of the selected category. In the event that the reserved vehicle is not available due to circumstances of force majeure, the lessor reserves the right to substitute the vehicle for an alternative one without prior notice. The alternative vehicle will be as similar as possible to the vehicle initially reserved.
4.2. Once the landlord has delivered the written confirmation of the reservation, a deposit of 50% of the total amount of the reservation must be paid.

5. Security and payment methods

5.1 The rental price foreseen according to the dates of reservation must be paid to the lessor by the different means that this will provide to the lessee, at the latest up to 30 days before the start of the rental.

5.2. At the latest, at the time of collection of the vehicle, the lessee must pay the amount of € 1300 (€ 700 standard insurance) credit card as a guarantee and as a guarantee of faithful compliance with the obligations of this contract.

5.3. In case of short-term reservations (less than 30 days before the rental date), the rental price will expire immediately.

5.4. The bond will be returned after the vehicle is examined by a responsible of the leasing company within 48 hours after the return of the vehicle. In case of damage due to improper use, the amount that the client must pay will be determined. This amount will be deducted from the deposited bond, accepting the lessee to pay the difference if the cost of the damage exceeds the value of the deposit deposited. If it is not possible to assess the damages immediately, the landlord will have 30 days to make the settlement and return the deposit if applicable or claim the difference between it and the cost of the damage.

5.5 The lessee expressly agrees to pay the lessor: a. At the time of the return of the vehicle, the amount of extra mileage performed, if any, calculated according to the rate in effect, and / or the additional charges arising from the application of these General Rental Conditions b. Additional charges that arise if the vehicle is left in some other place or city, without the authorization of the lessor. c. The amount of all kinds of fines, legal and extrajudicial expenses derived from any traffic offense or any other kind, that are directed against the vehicle, the tenant or lessor, derived from the validity of this rental contract, unless that originated because of the landlord d. In the event that due to the lessee’s fault, the vehicle was retained or seized, all expenses shall be borne by the latter, including the loss of profit of the leasing company during the time the immobilization of the vehicle lasts. and. Expenses incurred by the lessor in claiming amounts owed by the lessee under this contract f. The vehicle has a compulsory insurance and travel assistance. In case of accident or theft, the customer will be responsible for the payment of repair costs, crane, timely benefits, etc., up to the maximum value of the total price of the vehicle in the market. This value will be limited to 700 euros if you hire the Standard insurance.

5.6. If the tenant is late in the payments, interest for delay will be applied in accordance with the legal provisions in force.

6. Pickup and return of the vehicle

 

6.1. Upon receiving the vehicle, the tenant is obliged to follow the instructions given by the landlord at the point of delivery. Likewise, a delivery document “Exit Control” will be drawn up in which the status of the vehicle will be described and signed by both parties. The landlord may refuse to deliver the vehicle until the vehicle instruction has been completed.

6.2. When returning the vehicle, the tenant is obliged to carry out a final inspection of the vehicle together with the employees of the rental point. A return certificate “Entrance Control” will be drawn up, which must be signed by the landlord and the tenant. Damages that are not included in the delivery certificate, but are detected at the time of returning the vehicle, will be borne by the tenant.

6.3. The schedules that appear in the rental contract will be considered as agreed. The day of delivery and return will add together one day, as long as the total is not exceeded 24 hours.

6.4 The delays in the return, not authorized, will be penalized 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 unauthorized delay.

6.5 If the tenant wishes to extend the lease, he must request it from the lessor at least two days before the end of the contract. The eventual confirmation of the extension will be subject to the availabilities that the landlord has at this moment, not assuming therefore any previous commitment.
6.6 Any alteration of the rental dates must be previously authorized by the lessor. Failure to comply with this condition empowers the lessor 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 contravenes the provisions of the same.
6.7 In the return of the vehicle at the end of the rental, in which the lessee is not present at the inspection of the same for reasons attributable to him or non-availability, and damage to the vehicle is assessed, the lessee accepts the valuation of the damages resulting from the inspection carried out by the lessor’s staff.
6.8 The vehicle will be returned clean internally and with empty waste and toilet tanks. Otherwise, a supplement of 50 Euros will be charged for cleaning.
6.9 The filling of the drinking water tank with diesel or other fuel, or the deposit of diesel with water or other fuel, will imply a penalty of € 600.

 

7. Obligations and prohibitions

 

7.1 The renter 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 obliged to: a. Do not allow other people to drive it than the same or those who are expressly authorized. b. Do not carry more passengers than those specified in the vehicle’s documentation. c. Do not re-rent or transport people for commercial purposes and any other use that is not included in the contract d. Do not transport any type of merchandise, drugs, toxic or flammable products. and. Do not assign its use to third parties for free or lucrative purposes and not assist criminals f. Do not commit crimes, even if these are only punished according to the legislation in force at the scene of the events g. Do not drive the vehicle in inferiority of 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, resistance, racing or other tests that may damage it i. Do not use it to push or tow other vehicles or trailers j. Do not unseal or manipulate the odometer, and must notify the landlord of any damage to the same k. Do not travel outside of Spain without the express authorization of the lessor. l. Have the vehicle properly parked and guarded when it is not used and protect it from the deterioration of frost, hail or any other atmospheric phenomenon likely to cause significant damage m. It is expressly forbidden to the lessee to vary any technical characteristics of the vehicle, keys, locks, equipment, tools and / or accessories of the vehicle, as well as to make any modification of its exterior and / or interior appearance, unless express written authorization by the lessor. In case of infringement of this article, the lessee will bear all the costs of reconditioning the vehicle to its original condition, and must also pay compensation for the immobilization of the vehicle until its total repair.

7.2. The vehicle must be properly cared for and treated, as well as properly closed. The technical standards must be taken into account, as well as the determining provisions for the use. The condition of the vehicle, especially the water and oil level, as well as the tire pressure must be checked. The lessee undertakes to check regularly if the rental vehicle is in perfect condition to circulate safely.

7.3. Smoking is prohibited in all vehicles. Pets may be brought as long as the landlord has given his express authorization. The expenses of cleaning, derived from any breach, will be borne by the tenant. Likewise, the latter must assume the expenses derived from the ventilation or the elimination of the smell of tobacco, including the losses generated by the impossibility of renting the vehicle for some time due to this reason.

7.4. In case of checking that the dispositions of the previous ones have been infringed. 7.1., 7.2. and 7.3. the landlord may immediately terminate the rental agreement.

8. Behavior in case of accident

 

8.1 In the event of an accident, theft, fire or damage caused by animals, the lessee must immediately inform the police and the landlord by calling the telephone number of the rental center (the telephone number is included in the rental agreement), no later than business day following the day of the accident. Contrary claims will not be accepted.

8.2 The responsibility for the event will never be acknowledged or prejudged, except for the “Friendly Accident Declaration”. The lessee must obtain all the information from the opposing party and the witnesses, which together with the details of the accident will be sent to the lessor within the time specified. Immediately notify the authorities of the accident if there is culpability of the opposing party. The accident part must be delivered duly completed and signed at the latest at the moment of returning the vehicle to the lessor. The document must include the name and address of the persons involved, their driving license data, the details of the opposite with the name of the Insurance Company and the policy number, the data of any witnesses, as well as the license plates the affected vehicles.

8.3 In case of theft or robbery of the vehicle, the competent authority shall be reported immediately, communicating it and sending a copy of the complaint to the lessor, together with the vehicle keys, within a maximum period of 24 hours; Otherwise the insurances and coverages contracted will be without effect.

8.4. Even in damages without contrary, regardless of its seriousness, the tenant must draft a comprehensive written report for the landlord along with a sketch. If the lessee does not prepare the report – no matter what the reason – and thus prevents the insurance company from paying the damages, the lessee will be obliged to pay the corresponding amount in full.

8.5 Do not leave the vehicle without taking the appropriate measures to protect it and safeguard it. Contact, if necessary, with the Road Assistance Company contracted with the Insurer.

8.6 In case of default by the lessee of any of these measures, if applicable, the landlord may claim damages from the lessee due to negligence of the lessee, including the loss of profit of the leasing company during the period of the immobilization of the vehicle.

9. Vehicle defects

 

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

9.2 When returning the vehicle, the lessee must indicate in writing to the lessor the defects detected in the motorhome or its equipment once the rental period has started. The rights to compensation for damages in the event of defects indicated subsequently are excluded, unless said claim is motivated by non-obvious damage.

10. Repairs, change of vehicle

 

10.1 The normal mechanical wear of the vehicle is assumed by the lessor. When the duration of the route or the condition of the roads make it advisable, the necessary maintenance operations will be carried out.
10.2 Stop the vehicle immediately when any warning light illuminates that indicates an anomaly in the operation of the vehicle, and must contact the lessor or the Assistance Company arranged by the lessor and only with this.
10.3 The lessee may order repairs that are necessary to ensure safety during operation and circulation of the vehicle during the rental period and not to exceed € 150. For this it will be necessary to have the approval of the landlord. The latter will assume the costs of the repair if it is delivered the original receipts and the changed parts, provided that the lessee does not respond to the damage according to the order. 11. Damages that affect tires are excluded from this rule.
10.4 In the event that a repair of these characteristics is necessary for a damage attributable to the lessor and the lessee is not responsible for solving it, the latter must indicate without delay to the lessor the damage in question and grant a reasonable time for its repair.
10.5 In the event that without any fault on the part of the lessee, the vehicle suffers serious damage or it is foreseen that the vehicle can not be used for a long period of time or should be removed from circulation, the lessor, if he had availability to put At the disposal of the lessee within a reasonable period, a similar replacement vehicle, a termination of the contract would be excluded. This implies the possibility that to pick up the replacement vehicle the tenant had to return to the landlord’s base in El Puerto de Santa María, Cádiz.
10.6 In case the tenant is guilty, the motorhome suffers serious damages or it is anticipated that the vehicle can not be used for a long period of time or must be removed from circulation, the lessor may refuse to offer a replacement vehicle. In this case, a termination of the contract by the lessee is excluded. If the landlord has availability to put a spare vehicle at the disposal of the tenant, he may charge the tenant any possible expenses derived from it.

11. Responsibility of the tenant, comprehensive insurance

 

11.1 In accordance with the principles of full-risk insurance, in the case of comprehensive damage, the lessor shall exempt the lessee from liability for material damage, with a deductible of € 850, which shall be borne by the lessee.

11.2 The lessee, under no circumstances, will be exempted from his responsibilities, civil, administrative, criminal or of any nature that are the result of a loss or malicious behavior.

11.3 The exemption of the responsibility indicated in section 11.1, will not have effect if the lessee omits any of the norms indicated in all the points of section 8

11.4 The exemption from liability of sec. 11.1 will not proceed if the lessee has caused damage in a premeditated or negligent manner.

11.5 Likewise, the lessee must respond in case of willful behavior in the following cases:
to. If the tenant does not respect the regulations and the current traffic code, of the country where it is circulating.
b. If the damage is due to reckless driving due to the effects of drugs or alcohol
c. If the tenant or driver, to whom the tenant has left the vehicle, flees in case of accident
d. If the tenant, against the obligation established in sec. 8, does not notify the police in the event of an accident, except in the case that this infraction has not influenced the verification of the reasons for the damage or the extent of the latter.
and. If the tenant violates other obligations of the apdo. 8, except in the case 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 sec. 7.1.
g. If the damages are due to an infraction of the obligation established in 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 damage was 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 regarding 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 due to causes attributable to the latter.

11.7 If there are more tenants, they will respond as joint debtors.

12. Responsibility of the lessor, prescription

 

12.1 The lessor delivers the vehicle in perfect condition, having made all the checks and maintenance necessary for its proper functioning. It will not be responsible for mechanical failures or failures due to normal deterioration of it, nor is it responsible for expenses, delays or damages in any way produced, directly or indirectly as a result of such failures or breakdowns.
12.2 If due to force majeure, fortuitous or unrelated to the lessor, the vehicle can not be delivered on the agreed date, this will not entitle any compensation, except the return by the lessor to the lessee of the amount paid as reservation.
12.3 The lessor does not assume any responsibility before the lessee, on the car of the lessee who is, as parking, in the place designated by the lessor during the rental period of the vehicle.
12.4 The landlord shall be liable in an unlimited manner in case of intent and gross negligence. If it is a case of slight negligence, the lessor will only respond in a limited way to the foreseeable damages established in the contract, to the extent that an obligation is breached which is of particular importance to achieve the purpose of the contract (cardinal obligation). This liability measure will also be valid in cases where there are obstacles to the provision of services when the contract is formalized.
12.5 The present “General Rental Conditions” bind the parties from the initial moment of making the reservation and are an integral part of the vehicle rental agreement.

 

13. Personal information

 

13.1. In accordance with the Organic Law 15/1999 of Protection of Personal Data, the landlord informs that the personal data contained in this contract may be included in an automated file for the purpose of providing and offering our services and promotions , express consent being granted for the sending commercial communications by any means. This consent may be revoked through the mechanisms established for the exercise of rights of access, cancellation, rectification or opposition of your personal data, in which case you can make the communication either personally in any of our offices or through written communication addressed to the effect to the direction of our company.

13.2 The data collected will not be transferred to other people, companies or organizations.

14. Jurisdiction

In the case of disputes arising out of or related to any of the acts relating to the reservation or rental agreement of the van, it is agreed that the jurisdiction is that of the Courts and Tribunals of the city of Valencia (Spain).
In the event of possible discrepancy between the Spanish / English versions of these general conditions, the Spanish version will prevail.