Rental Terms and Conditions
Rental Terms and Conditions for motorhomes of Autocaravaning Menorca S.L.
1. Scope, contents of contract, jurisdiction
1.1 The following Standard Terms and Conditions of Autocaravaning Menorca SL, its partners and licensees (hereinafter referred to as „the Rental Firm“) apply exclusively. Terms and conditions of the Hirer which contradict or deviate from the Standard Terms and Conditions of the Rental Firm will not be recognized. The Standard Terms and Conditions of the Rental Firm will apply even if the Rental Firm hires the motorhome out to the Hirer without reservation, knowing that terms and conditions of the Hirer contradict or deviate from these Standard Terms and Conditions.
1.2 The sole subject of the contract with the Rental Firm is hiring out of the motorhome. The Rental Firm is under no obligation to provide travel services, and in particular no package of travel services.
1.3 In the event of a booking, a rental contract will arise between the Rental Firm and the Hirer(s) which is solely subject to English law. The statutory provisions relating to travel contracts do not apply to the contract either directly or accordingly. The Hirer will organize his journey himself and make use of the vehicle on his own responsibility. The rental contract is limited to a specific period as agreed.
1.4 All agreements between the Rental Firm and the Hirer must be concluded in writing
2. Age restrictions, authorised drivers
2.1 The lessee and all drivers must be at least 25 years old. They must have been in possession of a category B driving licence or corresponding national licence for more than three years.
In the case of non-EU residents, an international driving licence is required. To pick up a motor homes it is absolutely essential for the lessee and/or driver/s to present their driving licence and valid passport/national identity document. In the event that collection is delayed due to the above documents not being presented, the cost of this delay must be covered by the lessee. If the above-mentioned documentation cannot be presented at the time agreed for collection, or within a reasonable period of time, the lessor is authorised to cancel the agreement. The cancellation conditions stipulated in section 4.2 apply. The rental company or official authorities may require presentation of an international driving licence (in the case of non-EU resident customers).
2.2 If, at the time of picking up the rental motorhome, a driving licence corresponding to the rental vehicle is not presented, the motorhome is considered not to have been picked up, and the relevant cancellation conditions apply (see section 4.2).
2.3 Only the lessee and the additional drivers who have registered with the rental company centre may drive the vehicle.
3. Rental prices, calculation and duration of rental
3.1 Rental prices are based on the lessor’s price list in force when the agreement is signed. The minimum rental period established at certain times of the year is also based on the lessor’s current price list when the agreement is signed. Depending on the number of rental days booked, the prices appearing in the list for the corresponding season will apply. A fixed, one-off payment will be charged for each rental for services provided, the amount of which can also be found on the lessor’s price current list when the agreement is signed.
3.2 The rental prices for any optional accessories are based on the lessor’s current price list when the agreement is signed.
3.3 The minimum rental period is normally two days but may vary according to the season and may be up to seven days.
3.4 The corresponding rental prices include: VAT, unlimited mileage, full-risk insurance, in accordance with the corresponding insurance cover (see section 11 below), and 24-hour breakdown.
3.5 The rental period begins when the motorhome is picked up by the lessee at the rental centre and ends when the vehicle is dropped off and handed over to the rental company centre staff.
3.6 If the motorhome is dropped off after the deadline agreed upon in writing has ended, the lessor will charge the amount stipulated on the current price list for each hour's delay. However, the maximum amount for each day's delay will correspond to the charge for a full day. The lessee will bear the costs resulting from another lessee or another person asserting their rights before the lessor, owing to a delay in collection of the vehicle attributable to the lessee.
3.7 In the event that the vehicle is dropped off before the agreed rental period ends, the full rental price must be paid regardless, in accordance with the agreement.
3.8 The motorhome is picked up with the fuel tank full and must be dropped off in the same condition. Otherwise, the lessor will charge for the fuel required to fill it, applying an additional ten euro penalty. The lessee will bear all fuel and running costs during the rental period.
3.9 To drop the vehicle off at a centre other than that where it was picked up, a special agreement will be required with the lessor, as well as the payment of the fee corresponding to this service, which will be agreed upon before the motorhome is picked up.
4.1 Bookings will only be binding following the lessor’s confirmation, in accordance with section 4.2, and exclusively for vehicles categories, not specific vehicle types. The above will also apply when a specific vehicle type is indicated in the description of the vehicle categories by way of example. The lessor reserves the right to replace the vehicle booked by the customer with one equivalent or higher range.
4.2 Once the lessor has sent the booking confirmation in writing, the corresponding fee must be paid, depending on the selected rate:
Standard rate: a deposit of 30% of the total rental fee must be paid. The booking is binding for both parties from this moment onwards. In the event that the lessee does not abide by the above deadline, the booking will cease to be binding for the lessor.
In the event that the customer terminates the binding booking, they must pay the following cancellation fees, calculated upon the basis of the initial confirmed booking:
- Up to 50 days before the start of the rental, 20% of the cost.
- Between 49 and 15 days before the start of the rental, 50% of the cost.
- Fewer than 15 days before the start of the rental, 85% of the cost.
- On the same day as the rental, or in the event of the vehicle not being picked up, the full cost.
Non-refundable rate: a deposit of the full rental fee must be paid. The booking will be binding for both parties from this moment onwards. In the event that the lessee does not abide by the above deadline, the booking will cease to be binding for the lessor.
If the customer terminates the binding booking, they will have no right to recover the full fee paid.
5. Payment terms, deposit
5.1 The rental price stipulated in accordance with the booking dates must be paid into the bank account provided to the lessee by the lessor or by credit card. (Mastercard or Visa)
5.2 At the time the vehicle is picked up at the latest, the lessee must have paid the sum of €900, by credit card, as a deposit and as a guarantee of faithful compliance with the obligations of this agreement. (Mastercard or Visa).
5.3 In the event of a last-minute booking (less than three days before the rental date), the rental price will be payable immediately.
5.4 The deposit will be returned once the vehicle has been inspected by rental company centre staff, within a maximum period of 48 hours, .In the event of any damage due to unfit use, they will decide upon the amount the customer must pay. This amount will be deducted from the deposit, and the lessee undertakes to pay the difference if the cost of the damage exceeds the value of the deposit placed. If it is not possible to assess the damage immediately, the lessor will have 60 days to make the settlement and return the deposit, if applicable, or claim the difference between the latter and the total cost of the damage. In the event of an accident, the amount of the fully comprehensive insurance excess will also be deducted from the deposit.
If the lessee is owed compensation relating to the rental fee paid in advance, that amount will be returned together with the deposit.
5.5 The lessee expressly undertakes to pay the lessor the following:
- Any additional charges arising if the vehicle is dropped off in any other place or city without the lessor’s authorisation.
- The cost of any of fines, legal fees and out-of-court expenses resulting from any traffic offence, of any other kind, imposed on the vehicle, lessee or lessor, arising during the period of validity of this rental agreement, unless they have been caused by the lessor.
- If the vehicle is impounded or confiscated due to a fault on the part of the lessee, all costs will be borne by them, including the loss of the leasing company's earnings for the period during the vehicle is immobilised.
- Any costs incurred by the lessor (including lawyers’ and attorneys’ fees) for claiming any amount owed by the lessee under the current agreement.
- The vehicle has fully comprehensive insurance with an excess fee (not including personal effects of the lessee and those accompanying them). In the event of accident or theft, the lessee will pay the amount of €900 towards damages.
5.6 If the lessee delays the payments, interest on arrears will be accrued, in accordance with the legal provisions in force.
6. Collection and return of the vehicle
6.1 Before the start of the trip, the lessee undertakes to abide by the instructions provided by the lessor’s technical staff at the collection point. Similarly, a collection document (Check Out) will be drawn up with details of the condition of the vehicle, which will be signed by both parties. The lessor can refuse to hand over the vehicle until the vehicle paperwork has been completed.
6.2 Upon dropping off the vehicle, the lessee undertakes to perform a final inspection of the motorhome together with the rental company staff. A return certificate (Check In) will be drawn up, which must be signed by the lessor and the lessee. Any damage not included in the collection document that is detected when the vehicle is dropped off will be covered by the lessee.
6.3 As a general rule, vehicles are picked up from Monday to Sunday between 4:00 pm and 7:00 pm, and dropped off from Monday to Sunday, until 12 noon. The times which appear in the rental agreement will be considered to be those agreed upon. The collection and return days will be jointly regarded as one full day, provided that these do not exceed a total of 24 hours or exceed this period of time for reasons attributable to the lessor.
6.4 Unauthorised delays in the return will be penalised at a daily rate of three times the fee stipulated in the agreement. Any justified force majeure preventing the return on the agreed day must be immediately reported to the lessor so that they may acknowledge it; otherwise, it will be regarded as an unauthorised delay.
6.5 If the lessee wishes to extend the rental, they must request this from the lessor at least three days before the end of the agreement. Final confirmation of the extension will be subject to the availability of the lessor’s vehicles at that time, to which the latter assumes no prior commitment.
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 repossess the vehicle or request to do so by legal means. The lessor reserves the right to demand that the vehicle be returned at any time during the period of validity of this agreement if its use contravenes the provisions therein.
6.7 When the vehicle is dropped off at the end of the rental and the lessee is not present for its inspection for reasons attributable to them, dropping off of the keys in the mailbox or unavailability, and damage to the vehicle is found, the lessee will accept the valuation of the damage resulting from the inspection performed by the lessor’s staff.
6.8 The vehicle will be dropped off clean inside and with the waste water and toilet tanks empty. Otherwise, the customer will have to pay €30 for the cleaning and €50 for emptying the chemical toilet and/or the cost of the fuel, plus €10.
6.9 Filling the drinking water tank with diesel or any other fuel or filling the diesel tank with water or any other fuel will incur a penalty of €900.
6.10 Any breakage or loss of the vehicle’s keys will incur a penalty of €300.
7. Prohibited usage, maintenance and safe keeping obligations
7.1 The lessee acknowledges that the vehicle is picked up in perfect mechanical condition and that it is equipped with the necessary documentation and the appropriate tools, tyres and accessories, undertaking to maintain it in good condition. They also undertake to abide by the obligations and limitations outlined in the current highway code at all times, and similarly undertakes:
7.2 The vehicle must be properly cared for and handled, as well as properly locked. The technical standards must be taken into account, as well as the provisions for usage established. The condition of the vehicle must be checked, particularly with regard to the water and oil levels and tyre pressure. The lessee undertakes to regularly check whether the rental motorhome is in perfect condition to be driven safely.
7.3 Smoking is prohibited in all vehicles. Pets cannot be carried without the lessor’s express authorisation. Cleaning costs resulting from any infringement of the above will be borne by the lessee. Similarly, the latter must bear the costs resulting from the airing or the elimination of the smell of tobacco smoke, including losses caused by not being able to rent the vehicle for a period of time for the above reason.
7.4 In the event of confirmation that the provisions of the above sections 7.1., 7.2. and 7.3 have been infringed, the lessor may immediately terminate the rental agreement.
8. Conduct in the event of an accident
8.1 In the event of an accident, theft, fire or damage caused by wild animals, the lessee must immediately inform the police and the lessor by calling the rental company by telephone (the telephone number appears in the rental agreement), on the business day immediately following the day of the accident at the latest. Contrary claims will not be accepted.
8.2 Liability for the event will not be acknowledged or pre-judged, except for the “Amicable Accident Declaration”. The lessee must obtain all the data from the opposing party and the witnesses which, together with the details of the accident, will be sent to the lessor before the specified deadline. The authorities should be immediately informed of the accident if the opposing party is to blame. The accident report must be delivered, duly completed and signed, by the time the vehicle is dropped off on the lessor’s premises at the latest. The document must include the names and addresses of the persons involved, their driving licence details, the data of the opposing party, together with the name of the insurance company and the policy number, the details of any witnesses and the registration numbers of the affected vehicles.
8.3 In the event of the theft or robbery of the vehicle, it will be immediately reported to the competent authority, informing the lessor and sending them a copy of the claim, together with the keys of the vehicle, within a maximum period of 24 hours; otherwise, the insurance and cover taken out will cease to have effect.
8.4 Even in the event of damage without an opposing party, regardless of the seriousness of its nature, the lessee must fill out a comprehensive written report for the lessor, together with a drawing. If the lessee does not fill out the report, for whatever reason, and thus prevents the insurance company from paying for the damage, the lessee will be obliged to pay the corresponding amount in full.
8.5 Not to leave the vehicle without taking the appropriate measures to protect and safeguard it. If necessary, to contact the breakdown company contracted by the insurance company.
8.6 In the event of the lessee’s failure to take these measures, if they are appropriate, the lessor may claim damages from the lessee caused by the latter’s negligence, including the leasing company's loss of profit for the period during which the vehicle is immobilised.
9. Motorhome defects
9.1 Any right to compensation for damages of the lessee for defects not attributable to the lessor are excluded.
9.2 Upon dropping off the vehicle, the lessee must inform the lessor, in writing, of any defects found in the motorhome or its equipment once the rental period had begun. The right to compensation for damages in the event of defects subsequently reported are excluded, unless said claim is caused by damage which was not immediately visible.
10. Repairs, replacement vehicle
10.1 The normal mechanical wear of the vehicle is assumed by the lessor. When the length of the journey or the state of the roads make it advisable, the necessary maintenance operations will be performed by an official dealer of the chassis-engine brand.
10.2 The vehicle must be stopped as soon as possible when any warning light indicates an anomaly in the running of the vehicle and the lessor or the breakdown company contracted by the lessor, and only this company, should be contacted. An official dealer of the chassis-engine brand must be used exclusively, unless another is expressly authorised by the lessor.
10.3 The lessee may undertake any repairs necessary to ensure their safety while running and driving the vehicle during the rental period. These should not exceed €100. For this purpose, it will only be necessary to receive the lessor’s approval. The latter will bear the costs of the repairs if they receive the original supporting documents and the changed parts, provided that the lessee is not liable for the damage in accordance with section 11. Any damage affecting the tyres is excluded from this rule.
10.4 In the event that a repair of this nature is necessary owing to damages attributable to the lessor, and the lessee does not take action to undertake this, they must inform the lessor of the damage in question without delay and grant a reasonable period of time for its repair. The lessor will not be liable for the specific conditions in each country (e.g. infrastructure) entailing a delay whist repairs are being undertaken.
10.5 In the event of any breakdown of the living space components, the lessee must immediately notify the lessor, from whom they will receive the appropriate instructions for their repair.
10.6 If, without any fault on the part of the lessee, the motorhome suffers serious damage, or the vehicle is expected to be unusable for a long period of time or removed from circulation, and the lessor, if they are able to do so within a reasonable period of time, provides the lessee with a replacement vehicle equivalent in terms of the number of seats, or larger, any termination of the agreement will be excluded.
10.7 If, through the lessee's fault, the motorhome suffers serious damage, or the vehicle is expected to be unusable for a long period of time or removed from circulation, the lessor may refuse to provide a replacement vehicle. In this case, any termination of the agreement by the lessee is excluded. If the lessor is able to provide a replacement vehicle for the lessee, they may charge the lessee for any costs resulting from it.
11. Lessee’s liability, full-risk insurance
11.1 In accordance with the principles of fully comprehensive insurance, in the event of integral damage, the lessor shall exempt the lessee from liability for the material damages, with a €900 excess, which must be covered by the lessee.
11.2 Under no circumstances will the lessee be exempt from any civil, administrative or criminal liability or liability of any other nature resulting from an accident or reckless driving.
11.3 The exemption from liability stipulated in section 11.1 will remain without effect if the lessee fails to observe any of the rules stipulated in all the points in section 8.
11.4 The exemption from liability in section 11.1 will not apply if the lessee has caused damage in a premeditated or negligent manner.
11.5 Similarly, the lessee will be liable in the event of reckless conduct in the following cases:
- If the lessee does not abide by the rules and highway code in force in the country in which they are driving.
- If the damage is due to reckless driving caused by the effects of drugs or alcohol.
- If the lessee or the driver who the lessee has allowed to drive the vehicle flees in the event of an accident.
- If the lessee, in contravention of the obligation established in section 8, does not notify the police in the event of an accident, except if failure to do so has no influence on the verification of the causes of the damage or the extent of this.
- If the lessee breaches other obligations in section 8, except in the event such a breach does not have any influence on the verification of the reasons for the damage or the extent of the latter.
- If the damage is due to usage prohibited in section 7.1.
- If the damage is due to a breach of the obligation stipulated in section 7.2.
- If the damage has been caused by an unauthorised driver who the lessee has allowed to drive the vehicle.
- If the damage is caused owing to not taking into account the size of the vehicle (height, width and length).
- If the damage is due to a breach of the provisions concerning the additional load.
11.6 The lessee will be liable for any costs, fees, fines and penalties relating to the use of the vehicle which are claimed from the lessor, unless they are due to causes attributable to the latter.
11.7 In the event of there being more than one lessee, they will be liable to respond as joint debtors.
12. Lessor’s liability, limitation
12.1 The lessor will hand over the vehicle in perfect condition, having performed all the checks and maintenance necessary to ensure it is in correct working order. They will not be liable for any mechanical failures or breakdowns due to the normal deterioration thereof, nor will they be liable for any costs, delays or damages in any way caused, directly or indirectly, as a result of said failures or breakdowns.
12.2 If, due to a force majeure, in other words, fortuitous events unrelated to the lessor, the vehicle cannot be handed over on the agreed date, such a situation will not entitle the lessee to any compensation from the lessor, except for the return of the fee paid as a deposit.
12.3 The lessor does not assume any liability before the lessee for the lessee’s car which is parked free of charge on the lessor’s premises during the motorhome rental period.
12.4 The lessor will be liable to an unlimited extent in the event of reckless conduct or gross negligence. If the negligence is mild, the lessor will only be liable in a limited manner for any damages stipulated in the agreement, to the extent of the breach of an obligation which is of particular importance to fulfil the purpose of the agreement (cardinal obligation). This measure of liability will also apply in cases in which obstacles arise for the provision of services when the agreement is signed.
12.5 The General Terms and Conditions displayed at the rental company centre will apply when the rental period begins.
In the event of any disputes arising from or related to the motorhome rental agreement, it is agreed that jurisdiction falls on that of the corresponding rental company centre.
14. General rental conditions for the motorhomes
Dear Customer, your contracting party is the corresponding rental company centre which hands over the vehicle. Upon formalising the agreement to book a motorhome, the following rental conditions will form part of the agreement drawn up by the contracting parties and the licensees of Autocaravaning Menorca S.L., in other words, the corresponding rental centre (hereinafter, “the lessor”) and you (hereinafter, “the lessee”). Please read these general terms and conditions carefully.