GENERAL RENTAL CONDITIONS
Only the following General Commercial Conditions of Motorhomes Atlantis are valid. Those conditions of the lessee that differ or are contrary to the General Commercial Conditions of the Lessor will not be accepted. The latter will also be valid when the lessor unreservedly rents the motorhome to the lessee, even knowing the divergent conditions of the lessee.
The Owner leases the vehicle in perfect condition of use and conservation, and in perfect mechanical, safety and health conditions. Furthermore, he expressly authorizes the second as Driver of the aforementioned vehicle. The purpose of the contract formalized with the lessee is solely the rental delivery of the vehicle. The lessee will not owe the travel benefits or, above all, all of the latter. In case of reservation, a rental contract governed exclusively by Spanish law will be formalized between the tenant and the landlord(s). The lessee will organize his own trip and use the vehicle at his own risk. The rental contract will be limited to the agreed duration.
The Lessee will use the motorhome vehicle solely and exclusively as a home vehicle, to travel and spend the night both in national territory and abroad without any limitations other than those provided for in the Law and those that third countries may impose when crossing their borders. It is expressly prohibited to use the vehicle for any activity contrary to morality, laws and good customs. It is expressly prohibited to transport more than the permitted number of people, hold races, contests, transport any type of merchandise or objects, and any other service or purpose other than that agreed upon by both parties.
The rental contract will have the duration agreed upon by both parties and signed in said contract. The rental period will begin with the signing of the contract and with the collection of the vehicle and will end after the agreed calendar days, and the vehicle will then be returned to the designated place and at the time agreed upon by both parties. In the event that the return occurs before the end of the contracted rental period for reasons not attributable to the Owner, the full contractually agreed rental price must also be paid. The tacit extension of the rental contract for an indefinite period due to continued use is excluded. If the motorhome is returned after the time agreed in writing has elapsed, the lessor will calculate €30.00 per hour of delay (with a maximum per day of delay of the price set per day multiplied by three, as set out in point 5.4 of these General Conditions). The lessee will also assume the expenses derived, if any, from the fact that another lessee or other person asserts his rights against the lessor, due to a delay in the delivery of the vehicle, attributable to the lessee.
THE DEPOSIT will be returned 24 – 48 hours after the vehicle has been examined by a person responsible for the leasing company, who, in the event of damage and/or damage due to misuse, will determine the amount that the client must pay. This amount will be deducted as compensation from the deposit deposited, for a value of up to €750.00, and will be calculated based on the value of each spare part, their shipping and labor at a rate of 44. €00 plus VAT per hour. 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 applicable. The lessee expressly undertakes to pay the lessor:
DELIVERY.
Before starting the trip, the lessee is obliged to follow the instructions given by the lessor's technical staff at the delivery point. Likewise, a DELIVERY record will be prepared in which the condition of the vehicle will be described and which must be signed by both parties. The lessor may refuse to deliver the vehicle until the instruction for its correct use has been carried out. Once payment of the agreed price has been confirmed, the motorhome will be delivered with all its accessories in perfect condition of use and conservation, in optimal mechanical, safety and health conditions, and provided with all the necessary documentation. The vehicle will be delivered completely clean, with a full diesel tank, a full ADBlue tank, a full clean water tank (not drinkable), two gas cylinders and the toilet empty and ready for use, as well as with all the belongings. kitchen, and must be returned in the same conditions.
RETURN.
When returning the vehicle, the renter is obliged to carry out a preliminary inspection of the motorhome together with the employees of Motorhomes Atlantis. The final inspection of the vehicle will be carried out by Autocaravanas Atlantis within 72 business hours following its return. Any damage that is not recorded in the delivery certificate, but that is detected at the time of returning the vehicle and/or during the final inspection, will be the responsibility of the lessee.
Unauthorized delays in returning the vehicle will be penalized with a daily rate of triple the daily amount applied in the contract. Any possible discounts that have been applied to the contract will not be taken into account for this penalty. Any justified cause of force majeure that prevents the return on the agreed day must be immediately communicated to the lessor by some reliable method so that it can be accepted; Otherwise, it will be considered an unauthorized delay.
If the tenant wishes to extend the lease, he must request it from the landlord at least three days before the end of the contract. The eventual confirmation of the extension will be subject to the availability that the lessor currently has, and the latter will therefore not assume any prior commitment.
Any alteration of the rental dates must be previously authorized by the landlord. Failure to comply with this condition entitles the lessor to take charge of the vehicle or require it judicially. 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 its provisions.
In the return of the vehicle due to the end of the rental, in which the lessee is not present at the inspection of the vehicle for reasons attributable to him, and damages are found in the vehicle, the lessee accepts the assessment of the damages resulting from the inspection carried out. by the landlord's staff.
Filling the drinking water tank with anything other than water, or the diesel tank with anything other than diesel fuel, will result in a penalty of €750.00.
Returning before the agreed date of the contract does not give the right to a refund of the days not enjoyed.
The additional charges will be:
Extra cleaning (return of a very dirty motorhome): 150 Euros.
Empty gray water (dirty): 30 Euros.
Empty the toilet (black water): 50 Euros.
If it is returned without completing the diesel tank, 50 Euros will be charged for each missing unit of measurement.
Owner Obligations:
Non-compliance and effects. In the event that the Owner does not deliver the motorhome in the agreed conditions for reasons attributable to him, the signed contract will be terminated, proceeding to the refund of the amounts paid. The owner will not be responsible for mechanical failures or breakdowns due to normal deterioration of the vehicle, nor will he be responsible for expenses, delays or damages in any way produced, directly or indirectly, as a consequence of such failures or breakdown.
Lessee obligations:
The lessee is obliged to preserve, maintain and return the motorhome in the same good condition in which he receives it. The vehicle will be driven solely and exclusively by the Lessee, a person over 25 years of age with a minimum class B driving license of more than 5 years and that has not been retained or withdrawn by the authorities. He must provide a copy of his driving license at the time of delivery of the vehicle. Furthermore, he/she may designate in this same act the driver/s, who, meeting the same age and license requirements, may replace him/her in driving. He is also responsible for ensuring that only those who have been declared drivers in this document and who have provided a copy of their license can drive. In the event that an unauthorized person drives the motorhome, the renter will lose the deposit in its entirety (€750.00). If he is not a resident of the EU, he must be in possession of an international driving license.
The Lessee, and where applicable the driver, undertakes to respect at all times the obligations and limitations described in the current Highway Code. Likewise, he undertakes not to travel outside the road network or on any unsuitable terrain. The lessee is especially obliged to take care of the leased property (if applicable, the leased property) and drive it with the greatest diligence and care, being responsible for any deterioration resulting from defective, negligent or reckless driving. The lessee will compensate the lessor for any damage to the leased property, regardless of the cause of such damage.
The lessee is obliged to regularly check the engine oil levels, the Adblue level, coolant liquid and any other corresponding to the vehicle, being responsible, at his own expense, for the correct maintenance of the vehicle while it is in his possession. He acknowledges that he receives the vehicle in perfect mechanical condition, provided with the necessary documentation, 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 Highway Code and undertakes to:
The lessee has the obligation to immediately inform the lessor, by calling the telephone number of the rental center (this number is found in the rental contract), no later than the next day, about any accident or damage suffered by the rented vehicle, whether in its external parts as in the cabin. If this notification is not made diligently, the renter will be responsible for all costs of lost profits equivalent to the days in which the vehicle is out of service for rental due to damage, awaiting the arrival of the necessary parts. Responsibility for the incident will not be established or prejudged, except through the "Friendly Accident Report." The lessee must collect all the data from the other party and witnesses, which he will send to the lessor along with the details of the accident within the stipulated period. If the other party is guilty, the authorities must be informed immediately. The accident report must be completed and signed at the latest at the time of returning the vehicle to the lessor and include the names and addresses of the people involved, their driver's license information, the information of the other party including the name of the Insurance Company. and the policy number, information on possible witnesses and the license plates of the vehicles involved. In the event of theft or theft of the vehicle, it will be reported immediately to the competent authorities, notifying the lessor and sending a copy of the report, along with the keys to the vehicle, within a maximum period of 24 hours. Otherwise, the contracted coverage and insurance are void. Even in cases of damage without the presence of the other party, regardless of its severity, the tenant must prepare a detailed written report for the landlord, along with an outline indicating the time, date, place, address and any other relevant circumstances that contribute to the damage. describe the facts. If the tenant does not prepare this report, regardless of the reason, and this prevents the insurance company from paying the damages, the tenant must pay the full amount. The vehicle should not be abandoned without taking appropriate measures to protect it. If necessary, you must contact the Roadside Assistance Company contracted with the Insurer. If the lessee fails to comply with any of these measures, when applicable, the lessor may claim from the lessee damages caused by negligence, including the loss of profits of the leasing company during the time the vehicle is immobilized and the associated expenses.
Motorhome defects
The lessee's rights to compensation for damages for defects not attributable to the lessor are excluded.
Repairs and replacement vehicle:
Normal mechanical wear and tear of the vehicle is the responsibility of the lessor. When the duration of the journey or the road conditions make it advisable, the necessary maintenance operations will be carried out at an official service of the chassis-engine brand.
It is imperative to stop the vehicle when any indicator lights up that indicates an anomaly in its operation, and immediately contact the lessor or the designated Assistance Company, and only the latter. You must go exclusively to an official service of the chassis-engine brand, unless there is express authorization from the lessor.
The tenant may request repairs necessary to ensure safety during the rental period and not exceeding €150.00, subject to prior approval by the landlord. The latter will assume the costs of the repair if the original receipts and the replaced parts are presented, as long as the lessee is not responsible for the damage.
In the event of a repair of this type for damage attributable to the lessor and which the lessee does not resolve, the latter must immediately inform the lessor about the damage and allow a reasonable time for its repair. The lessor will not be responsible for country-specific conditions (for example: infrastructure) that cause delays in repair.
In the event of serious damage to the motorhome or if it is anticipated that it will not be able to be used for a prolonged period, and if the lessor has one available, he will offer the lessee a replacement vehicle equivalent or greater in seating capacity, excluding the termination of the contract. contract.
If, due to the lessee's fault, the motorhome suffers serious damage or is expected to be unusable for a long period, the lessor may refuse to offer a replacement vehicle. In this case, termination of the contract by the lessee is excluded. If the lessor has a replacement vehicle, he may charge the lessee for the expenses arising therefrom.
Lessee liability, comprehensive insurance:
The lessor will not be responsible for mechanical failures or breakdowns due to normal deterioration of the vehicle, nor for expenses, delays or direct or indirect damages derived from said failures or breakdowns. If, due to force majeure or causes beyond the control of the lessor, the vehicle cannot be delivered on the agreed date, there will be no right to compensation, except for the return of the amount paid as a reservation to the lessee. Vehicle accessories (TV, antenna, SafeDoor, converters, solar screens, exterior view cameras, GPS navigators, stereos, speakers, etc.), as well as keys and opening controls, are not covered by the insurance in the event of theft or loss, so they will be deducted from the value of the deposit if they are missing. The lessor does not assume any responsibility for the lessee's car parked on the lessor's premises during the rental period of the motorhome. In the event of a dispute related to the motorhome rental contract, it is agreed that the jurisdiction will be in Malaga.
