1. Scope of application, content of the contract, applicable law
1.1. Only the following General Commercial Conditions of Oppad Stop, S.L., (hereinafter, the “lessor”) are valid. Those conditions of the lessee that differ or are contrary to the General Commercial Conditions of the Landlord will not be accepted.
1.2. The object of the contract formalized with the lessee is only the delivery of the motorhome for rent.
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. The lessee will organize his trip himself and use the vehicle at his own risk. The contract of
rent will be limited to the agreed duration. The tacit extension of the rental contract for an indeterminate period due to continued use is excluded.
1.4. All agreements between the lessor and the lessee will be made in writing.
2. Minimum age, authorized drivers
2.1. The tenant and each of the drivers must be at least 25 years old. And be in possession of a class B driving license more than two years old or the corresponding national license. In case of not being resident in the EU
must be in possession of the international driving license. It is mandatory the presentation of DNI and the driving license in force for the signing of the contract.
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 the lessee and the additional drivers who have registered at the rental station 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 established rental period during certain times of the year is also derived from the lessor’s price list in
effective 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.
3.2. The rental prices of the optional accessories are derived from the price list of the lessor in force at the time of formalizing the contract.
3.3. The minimum rental is three days
3.4. The corresponding rental prices include: VAT 21%, unlimited mileage for rentals of more than five days, full insurance according to the corresponding insurance coverage.
3.5. The rental period begins with the collection of the motorhome by the tenant at the rental center and ends with the collection of the vehicle by the employees of the rental center.
3.6. If the motorhome is returned after the agreed time has elapsed in writing, the lessor will compute € 28.00 per hour of delay (however, at most for each day of delay the price will be the one corresponding to a whole day). The tenant
will assume the expenses derived from the fact that another lessee or another person enforces their rights against the lessor, due to a delay in the delivery of the vehicle, attributable to the lessee.
3.7. If the vehicle is returned before the rental period has elapsed, the full rental price agreed upon must also be paid.
3.8. The motorhome is delivered with a full fuel tank and must be returned. Otherwise, the lessor will charge € 2.20 gross per liter of diesel fuel. The lessee will bear the fuel and operating expenses during the rental period.
3.9. In order to return the vehicle to a center other than the collection center, a special agreement will be required with the lessor and the payment of the amount corresponding to this service that will be agreed upon before the motorhome is picked up.
4.1. Reservations will only be binding after the lessor’s confirmation, according to the section
4.2. and exclusively for vehicle groups, not for vehicle models. This will also be valid when a specific model is indicated in the vehicle group description.
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 in a maximum period of ten days. From this moment the reservation will be binding for both parties. In case the tenant does not meet this deadline, the reservation will no longer be binding on the lessor.
In the event that the client terminates the binding reservation, the latter must pay the following cancellation fees:
– 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
– less than 15 days before the start of the rental, 80% of the rental price
– on the same day of the rental or in case of not picking up the vehicle, 95% of the rental price
5. Payment terms, deposit
5.1. The rental price expected based on the reservation dates must be entered into the account that the landlord will provide to the lessee, before 14 days from the beginning of the rental.
5.2. At the time of collection of the vehicle, the lessee must pay the amount of € 700, by credit card, as a deposit and as a guarantee of the faithful fulfillment of the obligations of this contract.
5.3. In case of short-term reservations (less than 14 days before the rental date), the deposit and the rental price will expire immediately.
5.4. The deposit will be returned after the vehicle is examined by a person in charge of the leasing company, 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 30 days to settle and return the deposit if necessary or claim the difference between it and the cost of damage. In case of an accident, it will also be deducted from the
deposit the amount of the insurance franchise at full risk.
In case you have to pay the lessee a compensation of the rental price paid in advance, this amount will be returned along with the deposit.
5.5. The lessee expressly agrees to pay the lessor:
1. At the time of the return of the vehicle, the amount of mileage for three-day rentals, calculated according to the current rate, and / or additional charges arising from the application of these General Rental Conditions.
2. Additional charges arising if the vehicle is left somewhere else or city, without the authorization of the lessor.
3. 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, the lessee or lessor, derived from the term of this rental agreement, to unless they originated because of the landlord
4. In the event that the fault of the lessee was the vehicle retained or repossessed, all expenses will be at your expense, including
the loss of profits of the leasing company during the duration of the immobilization of the vehicle.
5. Expenses incurred by the lessor (including attorneys and attorneys’ fees) in claiming the amounts owed by the lessee under this contract
6. The vehicle has full-risk insurance with franchise (does not include the personal effects of the tenant and companions). In case of accident or theft, the tenant will pay the amount of € 700 per accident.
5.6. If the lessee is late in payments, late payment interest will be applied in accordance with the legal provisions in force.
6. Delivery and return of the vehicle
6.1. Before starting the trip, the tenant is obliged to follow the instructions given by the lessor’s technical staff at the point of delivery. Likewise, a delivery certificate (CheckOut) will be prepared describing the state of the vehicle and signed by both parties. The lessor may refuse to deliver the vehicle until the vehicle instruction has been completed.
6.2. Damages that are not included in the delivery certificate, but that are detected during the review of the vehicle, will be borne by the lessee.
6.3. As a general rule, vehicle deliveries will be made from Monday to Friday, from 10 am to 12 noon. and from 4 to 6 p.m. Returns from Monday to Friday from 10 a.m. to 12 p.m. and from 4 p.m. to 6 p.m. 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. Daily delays in the return, not authorized, will be penalized with a daily rate of triple 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 landlord to accept 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, thus assuming no prior commitment.
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 contravenes 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 damage to the vehicle is appreciated, the lessee accepts the valuation of the damages resulting from the
inspection performed by the landlord’s personnel.
6.8. The vehicle will be returned clean internally and with empty waste water tanks and WC. Otherwise, a supplement will be charged, in accordance with the rates established for this, for cleaning.
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:
1.Do not allow other people to drive it other than himself or those who are expressly authorized.
2. Do not carry more passengers than those specified in the vehicle documentation.
3. Do not rent or transport people for commercial purposes and any other use that is not included in the contract.
4. Do not transport any type of merchandise, drugs, toxic or flammable products.
5. Do not assign its use to third parties for free or lucrative purposes and not assist criminals.
6. Do not commit crimes, even if they are only punished according to the legislation in force at the scene
7. Do not drive the vehicle in inferior physical conditions motivated by alcohol, drugs, fatigue or illness.
8. 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.
9. Do not use to push or tow other vehicles or trailers.
10. Do not unseat or manipulate the odometer, and must immediately notify the landlord of any damage to it.
11. The lessor is only authorized to drive with the leased vehicle in the following countries:
Germany, Andorra, Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Slovak Republic, Slovenia, Spain, Estonia, Finland, France, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania , Luxembourg, Malta, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Albania, Belarus, Bosnia-Herzegovina, Macedonia, Moldova, Serbia, Tunes, Turkey and Ukraine. To travel to Morocco, the express authorization of the rental station is essential.
12. It is expressly forbidden to travel to any country that is at war or war.
13. Have the vehicle properly parked and guarded when not in use and protect it from the deterioration of frost, hail or any other atmospheric phenomenon that could cause significant damage.
14. It is expressly forbidden to 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.
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 must be checked, especially the level of water and oil, as well as the tire pressure. 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, may be sanctioned with 200 euros surcharge.
7.4. In case of verifying that the provisions of the previous sections have been violated. 7.1., 7.2. and 7.3, the lessor may immediately terminate the rental agreement. Likewise, the lessee must bear the expenses of cleaning, ventilation or elimination of tobacco smell derived from the breach of the section. 7.3., Including general losses due to the inability to rent the vehicle for some time due to this reason.
8. Behavior to follow in case of accident
8.1. In the event of an accident, theft, fire or damage caused by game animals, the lessee must immediately inform the police and the landlord by calling the rental center telephone number (the telephone number appears in the rental agreement), at the latest the business day following the day of the accident. The contrary claims will not be accepted.
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 delivered 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 keys of the vehicle, within a maximum period of 24 hours; the insurance and contracted coverage not being effective otherwise
8.4. Even in damages without contrary, regardless of its seriousness, the lessee must write a comprehensive written report for the landlord together 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 appropriate measures to protect and safeguard it. If necessary, contact the Roadside Assistance Company contracted with the Insurer.
8.6. In case 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 lessee, including the loss of profits of the leasing company 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 and
damages in case of defects indicated below, unless said claim is motivated by non-obvious damage.
10. Repairs, replacement 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 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 engine chassis, unless express authorization of 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 landlord’s approval. 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 tenant 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 cannot be used for a long period of time or should be withdrawn from the circulation, the lessor, if he had availability to put disposition of the lessee within a reasonable time, a replacement vehicle equivalent in the number of places or higher, 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 has availability to make a replacement vehicle available to the lessee, he may charge the lessee for any expenses arising from it.
11. Responsibility of the lessee, full insurance
11 .1. According to the principles of all-risk insurance, in case of integral damages, the lessor will exempt the lessee from the responsibility of the material damages, with a franchise of € 700.00, which must be assumed by the lessee.
11.2. The lessee, under no circumstances, will be exempted from their responsibilities, civil, administrative, criminal or of any kind that are the result of an accident or malicious behavior.
11.3. The exemption of the responsibility indicated in section 11.1, will not take effect if the lessee omits any of the rules indicated in all the 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:
1.If the tenant does not respect the rules and the current traffic code, of the country where he is circulating.
2. If the damages are due to reckless driving due to the effects of drugs or alcohol.
3. If the lessee or the driver, to whom the lessee has left the vehicle, flees in the event of an accident.
4. 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.
5. 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.
6. If the damages are due to a prohibited use in the section. 7.1.
7. If the damages are due to a violation of the obligation established in the section. 7.2.
8. If the damage has been caused by an unauthorized driver, to whom the tenant has left the vehicle.
9. If the damages have been caused by not taking into account the dimensions of the vehicle (height, width, length)
10. If the damages are due to a breach of the provisions regarding the additional charge.
11.6. The lessee will respond to the first requirement of all expenses, fees, fines and penalties related to the use of the vehicle, which are claimed from the landlord, 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’s liability, 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 as a reservation .
12.3. The lessor 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 landlord will respond unlimitedly in case of intent and gross negligence. If it is a slight negligence, the lessor will only respond in a limited way to the foreseeable damages established in the contract, to the extent that a
obligation whose fulfillment is of special importance to achieve the object of the contract (cardinal obligation). This measure of responsibility will also be valid in cases where obstacles arise for the provision of services when formalizing the contract.
12.5. The General Commercial Conditions set out in the rental center will be valid at the time the rental period begins.
In case of disputes arising or related to the rental contract of the motorhome, it is agreed that the jurisdiction is that of the rental center.
Valid as of 01.09.2012