SOUTHCAMP EXPERIENCE, S.L. General Terms and Rental Conditions

1. Application of General Terms and Rental Conditions, contract content, applicable law (Spanish Law)

a) The present General Terms and Rental Conditions of SOUTHCAMP EXPERIENCE S.L., with registered office at C/ Amargura 147, E-11510 Puerto Real, Spain, registered in the Mercantile Register of Cadiz, volume 2046, folio 49, book 0, page CA-43263, with tax identification number B-72209125 (hereinafter “SOUTHCAMPER” or the “lessor”) are exclusively part of the motorhome rental contracts. Any clauses or conditions of the Lessee that contradict or modify SOUTHCAMPER’s General Terms and Conditions shall not apply.

b) Agreements, covenants or contracts between the lessor and the Lessee must always be formalized in writing.

2. Prices and rental duration

a) The price and the minimum rental period are based on the lessor’s price list in force at the time the contract is concluded. The daily price is based on a 24h rate.

b) The respective rental prices include:

§  unlimited kilometers

§  1 driver (who must always be the Lessee)

§  Fully comprehensive insurance with a deductible of 750 EURO per claim

§  The Lessee may reduce the deductible from 750 EURO to 250 EURO per claim by paying the additional fee according to valid prices.

c) The rental period begins with the pick-up of the motorhome by the Lessee at the rental station and ends with its return to the same rental station, unless the parties agree on another place of pick-up and/or drop-off.

d) The costs for the fuel and the proper functioning (e.g. ad-blue additive to DIESEL, additional gas bottles) of the vehicle during the rental period shall be borne by the Lessee. The motorhome is delivered with a full tank of fuel and must be returned in this condition. If this is not the case, the Lessee will have to pay for the fuel and a supplement of 30 Euro at the time of drop-off.

3. Motorhome pick up and drop off

a) The Lessee shall inform the lessor at least two weeks in advance and in writing when he/she will pick up and return the vehicle, respecting the opening hours. Pick-ups and drop-offs outside the agreed opening hours may be made subject to prior agreement and in consideration of an additional fee according to the current rates.

b) If the motorhome is returned after the time agreed in the rental contract, the lessor will charge the daily rental for each day of delay regardless of the actual hours of delay.

c) Before the start of the trip, both parties must sign a “Check Out” document in which the Lessee confirms having received an instruction in the use of the motorhome and in which the condition of the vehicle is described. SOUTHCAMPER may suspend the handover of the vehicle until this instruction has been carried out. If the handoover of the vehicle is delayed because of the Lessee, the Lessee shall be liable for the costs resulting from the delay.

d) At the time of drop-off, the employees of the rental station will carry out a final check of the vehicle in the presence of the Lessee, after which both parties (lessor and Lessee) must sign a Check In report stating the damages found in the motorhome during the return.

e) In the event that the Lessee is not present at the time of the final inspection of the vehicle for reasons attributable to him/her, and damage to the motorhome is found, the customer must accept without exception the valuation of the damage carried out by the employees of the rental station.

f) The alteration or modification of the pick-up and drop-off dates of the vehicle is subject to the express authorization of the lessor. However, the lessor reserves the right to demand the return of the vehicle before the drop-off date, if the use of the vehicle violates the rental contract or these General Terms and Rental Conditions. If the Lessee does not return the vehicle, SOUTHCAMPER will have the right to demand it by legal actions.

g) The client is obliged to return the motorhome clean. The toilet, refrigerator, sink and kitchen must be cleaned. Any dirt must be removed from the upholstery (seats, bench, mattresses). Gray and black water tanks must be empty. Non-compliance with any of these obligations will result in a cleaning fee of 100 EURO.

4. Terms of payment and deposit

a) At the time of booking the Lessee must pay 30% of the total amount, at least 300 Euro. In case of non-payment the lessor reserves the right to terminate the contract without compensation. The remaining amount is to be paid at the rental station on the day of handover.

For payments not made in Euros, the exchange rate published by the European Central Bank on the day of payment shall apply.

b) At the time of vehicle handover, the Lessee must pay the amount of 750 EURO by credit or debit card as a deposit. The Lessee must be the owner of the credit or debit card. After examination of the returned vehicle by a SOUTHCAMPER representative, the security deposit will be returned to the Lessee. The deposit will be returned by crediting the credit card or by bank transfer. If the reduced deductible of 250 Euro has been contracted, the deposit is also reduced to 250 Euro.

d) If after the inspection of the motorhome, damages caused by misuse of the vehicle are detected, the amount to be paid by the Lessee will be determined and deducted from the deposit.

e) The Lessee expressly agrees to pay the lessor:

§  The vehicle is covered by fully comprehensive insurance. In the event of an accident, the Lessee must pay the corresponding deductible.

§  Additional expenses generated by the return of the vehicle in a different place than the one stated in the contract

§  The totality of fines, judicial and extrajudicial expenses imposed against the Lessee, the vehicle or the lessor, for the infraction of a traffic violation or any other kind of infraction during the term of the rental contract, except in the case that these are the responsibility of the lessor.

5. Documents and minimum age

a) At the time of handover of the vehicle, the Lessee must present his/her National Identity Card or passport, as well as the driver’s licenses of the registered drivers. Copies of the documents will not be accepted as proof of their existence. All drivers registered on the contract must be present at the handover. The lessor has the right to make photocopies and/or photos of these documents at that time. Only the Lessee and the additional drivers registered in the rental contract may drive the vehicle. The Lessee must be registered as the driver of the vehicle. The Lessee assumes responsibility for all damages caused by any additional driver.

b) The Lessee and each driver must be at least 25 years old. Both the Lessee and the additional drivers must have held a class B driver’s license for at least 2 years or, where applicable, the equivalent national or international driving license. If you are a non-EU resident, you must hold an international driving license.

c) The Lessee assures that neither he nor any of the drivers registered in the vehicle rental contract have been banned from circulating in any country, nor have they had their driving licenses withdrawn, the stage of the ban or withdrawal process being irrelevant.

d) If at the time of delivery of the vehicle the Lessee does not have the required driving license or is prohibited from driving in any country, the lessor reserves the right to terminate the contract without compensation.

6. Reservation and cancellation

a) It is not possible to reserve a specific model of motorhome, the reservation is always for a certain group of vehicles. This clause also applies in cases where a specific model is used to illustrate a group of vehicles. The lessor reserves the right to provide a model of the same or a higher group of vehicles than the one initially booked, provided that the number of seats and beds available in this model is equal to or higher than the number of seats and beds of the initially booked group of vehicles.

c) The Lessee who unilaterally cancels the reservation must pay the following cancellation fees: 

§  up to 50 days before the start of the rental period, 30% of the rental price or minimum 300 Euro

§  between 49 and 15 days prior to the start of the rental period, 50% of the rental price

§  less than 15 days before the start of the rental, 80% of the rental price

§  100% of the rental price on the day of rental or in case of no pick-up

7. List of permitted countries, limits of use, obligations

a) The use and circulation of the motorhome is allowed only in the following countries: Spain, Portugal, Gibraltar, Andorra, France, Italy, Germany, Switzerland, Austria, Luxembourg, Holland, Belgium, England, Czech Republic, Slovakia, Croatia and Slovenia.

b) The vehicle is handed over in excellent technical and mechanical conditions, together with all the necessary aid accessories and documents required by the applicable law. The Lessee agrees to look after and return the vehicle and its accessories in the same conditions in which those were handed in.

c) The Lessee agrees to regularly check the vehicle’s conditions, especially the levels of oil and water, tire pressure and any other eventualities the motor home’s operation may depend on. The Lessee will also constantly check whether the vehicle security conditions meet the necessary requirements.

d) The Lessee agrees to comply with the current traffic regulations and specifically guarantees SOUTHCAMPER that:

§  No one, other than the Lessee and the driver(s) specifically allowed in the contract, will drive the motor home.

§  When not driving, the vehicle will be parked in suitable parking spaces and it will be sheltered from hail, frost and other atmospheric phenomena in order to avoid important damages or serious harm.

§  The vehicle will not be driven on terrains unsuitable for driving motor homes or other terrain that may harm the vehicle in any way.

§  Transport of animals is not allowed without a previous allowance in writing by the Lessor. No more people than the number determined in the vehicle documents are allowed to be transported either.

§  The motor home will not be used for any other purpose other than that established in the contract.

§  No drugs, narcotics or any other toxic substances, forbidden by the applicable law, are allowed to be transported in the motor home. No flammable or explosive products, which may jeopardize the vehicle’s and its passengers’ security, are allowed to be transported.

§  No criminal conduct may be carried out, even in those cases where such conduct is only punishable by the law  in the place in which it takes place.

§  The motor home may not be driven under the influence of alcohol or other narcotics or under poor physical conditions caused by fatigue or illness.

§  The motor home may not be used to tow or push other vehicles, independently of their class.

§  The vehicle’s odometer may not be unsealed, altered or operated in any way and any type of breakdown that this may suffer must be immediately conveyed to SOUTHCAMPER.

e) Unless it is specifically allowed in writing by SOUTHCAMPER, it is strictly forbidden to carry out any internal or external change in the vehicle that may alter the motor home technical or esthetical features. Failure to observe this Clause will require the Lessee to account for all expenses arising from returning the vehicle to its original state, in addition to a compensation for the motor home immobilization during the vehicle repair.

f) Smoking in the rental vehicle is strictly forbidden. The transport of pets –or any other animals- is also forbidden except previous allowance from the Lessor. Failure to observe this Clause means that the Lessee will have to pay all expenses arising from the breach of this rule (damages, cleaning, etc.)

g) Failure to observe any Clause in this section will allow SOUTHCAMPER to unilaterally terminate the contract with no rights to compensation for the Lessee.

8. Actions in the event of an accident

a) In case of theft, fire, accident, aggression or any other type of serious damage caused by extraordinary circumstances, the Lessee must immediately inform the police. Likewise, any of the above circumstances as well as other incidents (e.g. delays in returning the vehicle, whether due to force majeure or other causes) must be communicated to SOUTHCAMPER within 24 hours for its knowledge and acceptance.

b) Unless there is a written accident report, no responsibility for the incident will be acknowledged.

c) The Lessee is required to ask for a completed accident report and to hand an original copy of it to the Lessor as soon as possible (at the latest when returning the vehicle, or, where appropriate, at the date of the contract’s termination). This document should include:

§  Name and surname(s), driver’s license data and address, both of the Lessee and of the other involved party.

§  Name and insurance policy number of the other involved party’s insurance company.

§  Witness(es) data, in case there were any.

§  Number license plates of all involved vehicles.

d)  In the event of any damage, the Lessee is required to hand in a written detailed report summarising the accident (including the circumstances, place, day and time of the incident as well as a description and photos of the damage caused to the motorhome) as well as a drawn sketch of it. In case the Lessee not writes this report – no matter the reason why – and this prevents the insurance company to pay for the damages, the Lessee is required to pay for the total corresponding amount.

e) Under no circumstances is the Lessee allowed to abandon the vehicle without previously making sure that it is properly safe and protected. The Lessee is required to contact, when necessary, the road assistance company hired by the insurance company.

f) The vehicle’s theft must be immediately reported to the appropriate authorities. The Lessee is required to send SOUTHCAMPER the motor home’s keys as well as a copy of the report within the next 24 hours. Otherwise, the hired insurances would be ineffectual.

g) In case the Lessee does not comply with the clauses specified in this section, SOUTHCAMPER will be entitled to claim a compensation for damages caused by the client, including the company’s loss of earnings due to the motor home’s immobilization.

9. Vehicle’s defects, repairing and clean-up

a) Claims for compensation by the Lessee for defects that are not the fault of the Lessor are excluded.

b) The Lessee will notify SOUTHCAMPER in writing of any defects to the motor home or its equipment that was ascertained after the commencement of the rental period when detecting such defect. Compensation claims for defects notified at a later date are excluded unless the basis for such a claim was an imperceptible defect at the hand-in moment.

c) In the event that a pilot light informing of a mechanical irregularity in the motor home’s operation is lighted up, the Lessee is required to stop the vehicle as soon as possible. The client is required to contact the Lessor or the insurance company and, if necessary, take the vehicle to an officially approved service center, exclusively of the chassis’ or the motor’s brand.

d) The Lessee is required to commission all the necessary repairs to ensure the trip’s safety up to a cost of 150 EURO. SOUTHCAMPER will bear these cost as long as it has expressly agreed to do so and the damage liability does not fall on to the Lessee according to the present General Terms and Rental Conditions. The Lessee is required to hand in the Lessor the concerning receipts, as well as the original substituted components.

e) In the event that the original motor home suffered serious damages or was unusable for traffic without any fault on the Lessee’s part, and provided its availability, SOUTHCAMPER will offer the Lessee a replacement vehicle with as many seats, or more. In such case, the termination of the contract is excluded.

f) Damages or flaws caused in the living space will be settled by the Lessee in communication with the Lessor, who will point out how to carry out the correct repairing.

g) In the event that these damages were responsibility of the Lessor and the Lessee would not deal with their repairing, the Lessor is required to immediately inform SOUTHCAMPER of the defect and provide a reasonable period of time for its repairing. The Lessor will not take responsibility for a delay in the repairing when this is caused by the specific circumstances of the country they are in.

h) In the event that the motor home suffered serious damages or was unusable for traffic, SOUTHCAMPER will not be required to offer a replacement vehicle, even when there were an available one. Termination of the rental agreement by the Lessee is excluded in such a case. In the event of offering a replacement vehicle, the Lessor may charge the client the additional costs that this may lead to.

10. Lessor’s liability

a) SOUTHCAMPER’s liability is limited to all damages maliciously or seriously neglectfully caused by the Lessor.

b) SOUTHCAMPER hands in the vehicle after having carried out all necessary maintenance actions to ensure its correct operation and is not liable for damages caused by the Lessee as a result of delays directly or indirectly caused by repairing, accidents or failures arising from the motor home’s regular use.

c) In the event of failing to hand in the vehicle on the agreed date, the Lessee will not be entitled to demand compensation for damages, when this failing is caused for force majeure or accidental reasons beyond the Lessor’s control.

d) SOUTHCAMPER is not liable for the Lessee’s own vehicle, parked in its offices during the rental period.

11. Lessee’s liability, insurance and excess

a) The Lessee will be liable for damages cause done to the vehicle and to third parties in the following circumstances:

§  If he violates the existing traffic regulations of the country where he is driving.

§  If the damage is caused by not being fit to drive (e.g., alcohol, drugs, narcotics, etc.)

§  If the damage caused by the loss of keys or the leaving of the keys inside the motor home.

§  If the Lessee or one of the authorized drivers flees after suffering or causing an accident

§  If the damages arise from failing to comply with the duties set out in Clauses 7 and 8.

§  If the damage is caused by a non-authorised driver.

§  If damage is caused by failure to take the dimensions of the vehicle into account (height, width, length)

§  If the damage is caused by getting the vehicle stuck in water or in areas where amounts of water can build up.

§  If the vehicle is taken from the Lessee as a result of a police check

b) In the case of damages caused to third parties, and as long as covered by insurance, the Lessor will exempt the Lessee of the caused damages liability with an excess of 750 Euro; in the event of having hired an additional insurance, the amount will be reduced to 250 EURO, which will be paid by the Lessee.

The Lessee’s limitation of liability to the excess’ amount will not apply when breaching Clauses 7 and 8, or in the event of the Lessee’s having acted maliciously or seriously neglectfully. In no case will the Lessee be exempted of public, criminal, administrative or any other liability, in the event of having acted maliciously or seriously neglectfully.

c) The Lessee is liable for all fines, fees and other extraordinary expenses in connection with the use of the motor home during the rental period, unless such expenses are incurred for reasons that are responsibility of SOUTHCAMPER. The Lessee should settle these on the spot wherever possible. The Lessor reserves the right to deduct any fees, charges, fines and penalties incurred from the deposit or to require reimbursement from the Lessee after the deposit has been refunded. An administrative fee of 35 EURO per incident will be charged. The Lessee will also be liable for any financing costs and for the cost of any legal advice that may arise from such incidents.

Agreeing to these General Terms and Rental Conditions implies the Lessee’s consent to the transmission of his data to government authorities in the event that these may be requested. This will also apply, for instance, to providing information to the relevant traffic department when there is reason to believe that the Lessee has committed traffic offenses during the rental period. A request from a government agency is sufficient cause for SOUTHCAMP EXPERIENCE, S.L. to provide data.

d) If there is more than one Lessee, such persons will be jointly and severally liable.

e) The vehicle is only covered by insurance for the stipulated duration of the contract. SOUTHCAMPER is not responsible for any damage outside the rental period, being the Lessee the only responsible party.

13. Competent jurisdiction, applicable law

These General Terms and Rental Conditions are governed by Spanish law. For any matter relating to the contractual relationship, its execution, conclusion, interpretation and / or compliance, the parties expressly submit to the courts and tribunals of the city of Seville.

15. Review Clause

Should any provision of these General Terms and Rental Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions of these General Terms and Rental Conditions.