EXPERIENCE, S.L. General Terms and Rental Conditions
1. Application of
General Terms and Rental Conditions, contract content, applicable law (Spanish
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
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
§ 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
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
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
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 vehicle is covered by fully comprehensive
insurance. In the event of an accident, the Lessee must pay the corresponding
§ 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
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
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.
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
c) The Lessee who unilaterally cancels
the reservation must pay 30% of the rental price as cancellation fee.
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
§ 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
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.
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
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.
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.
liability, insurance and excess
a) The Lessee will be liable for
damages cause done to the vehicle and to third parties in the following
§ 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
§ 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
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
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
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.