General Terms and Conditions for Motorhome Rental in Spain Dear customer, your contracting party is the respective rental station that delivers the vehicle to you. by concluding the contract for the reservation of a motorhome, the following rental conditions shall become part of the contract between the contracting parties and PEGASO CARAVANAS S.L., i.e. the respective rental station (hereinafter referred to as the “lessor”) and you (hereinafter referred to as the lessee). Please read carefully these terms and conditions General Rental Conditions of PEGASO CARAVANAS S.L.,
1. Scope of application, content of the contract, applicable law
1.1 Only the following General Terms and Conditions of Pegaso Caravanas, its partners (hereinafter referred to as the “Rental Firm”) shall apply. Any conditions of the Lessee that differ from or are contrary to the Lessor’s General Terms and Conditions of Business shall not be admissible. The latter shall also apply when the lessor rents the motorhome to the lessee without reservation, even if he is aware of the lessee’s differing conditions.
1.2 The purpose of the contract entered into with the lessee is solely the delivery of the motorhome on a rental basis. The Hirer shall not be liable for the services rendered during the trip nor, in particular, for the totality of the latter.
1.3 In the event of a reservation, a rental agreement governed exclusively by Spanish law shall be concluded between the Hirer and the Lessor(s). The renter shall organize his own trip and use the vehicle at his own risk. The rental contract will be limited to the agreed duration. The tacit extension of the rental agreement for an indefinite period due to continued use is excluded.
1.4 All agreements between the Rental Firm and the Hirer shall be in writing.
2. Minimum age, authorized drivers
2.1 The lessee and each of the drivers must be at least 23 years of age. And be in possession of a class B driving license for more than two years or the corresponding national license. If you are a non-EU resident you must be in possession of an international driver’s license. In order to deliver the motorhome, it is absolutely necessary that the renter and/or the driver(s) present a valid driver’s license and passport/national identity card. In the event that delivery is delayed due to failure to present these documents, such delay shall be borne by the Hirer. If the aforementioned documentation cannot be presented at the agreed time of delivery or within a reasonable period of time, the Rental Firm is entitled to cancel the contract. The cancellation conditions set forth in section 4.2 shall apply. The rental company or the official authorities may require the presentation of an international driving license (in the case of non-EU customers).
2.2 Please note that some of the Lessor’s vehicles have a total weight of more than 3.5 tons and that a valid driver’s license is required to drive these vehicles. For greater safety, holders of a class B driver’s license should check with the lessor the total authorized mass of the vehicle rented by the lessee.
2.3 If the driver’s license that corresponds to the rented vehicle is not available at the time of delivery of the rented motorhome, the motorhome shall be deemed not to have been picked up; in this case the relevant cancellation conditions shall apply (see clause 4.2). 2.4 Only the Hirer and additional drivers who have registered at the rental station may drive the vehicle.
3. Rental prices and calculation, duration of rental
3.1 The rental prices are derived from the Rental Firm’s price list in effect at the time the contract is concluded. The minimum rental period established during certain times of the year is also derived from the lessor’s price list in effect at the time the lease is signed. Depending on the rental days booked, the prices listed for the corresponding season will be valid. For each rental, a fixed, one-time fee will be charged for the services rendered, the amount of which can also be found in the Lessor’s price list in effect at the time the contract is concluded.
3.2 The rental prices of the optional accessories are derived from the Rental Firm’s price list in force at the time of conclusion of the contract.
3.3 The minimum rental period is three days.
3.4 The prices of the different rentals include: In principle all kilometers are included with Pegaso Caravanas. However, some stocks may have limited mileage. The kilometers traveled are calculated according to the current price list; the insurance policy corresponding to the insurance; the vehicle manufacturers’ mobility guarantee; the rental period begins with the pick-up of the motorhome by the renter at the rental station and ends with the pick-up of the vehicle by the rental station employees. Vehicle bike racks are not suitable for E-Bikes.
3.5 If the motorhome is returned after the time agreed in writing has elapsed, the Rental Firm shall charge for each hour of delay the amount stipulated in the current price list (however, for each day of delay the price shall not exceed the price for a whole day). The lessee shall bear the costs arising from the fact that another lessee or another person asserts his rights against the lessor, due to a delay in the delivery of the vehicle, attributable to the lessee.
3.6 If the vehicle is returned before the end of the contracted rental period, the full contractually agreed rental price must also be paid.
3.7 The motorhome is delivered with a full tank of fuel and must be returned as such. Otherwise, the lessor will charge for the necessary fuel at the amount stipulated in the current price list. The lessee shall be responsible for fuel and operating costs during the rental period.
3.8 In order to return the vehicle to a facility other than the pick-up facility, a special agreement with the lessor and the payment of the amount corresponding to this service shall be required, which shall be agreed upon prior to the pick-up of the motorhome.
4. Reserve
4.1 Reservations are only binding after confirmation by the Rental Firm in accordance with clause 4.2 and only for vehicle groups, not for vehicle models. This also applies if a specific model is given as an example in the description of the vehicle group. The lessor reserves the right to transfer the vehicle reserved by the customer to a vehicle of the same or higher range.
4.2 To confirm the reservation, a deposit of 30% of the total amount of the rental must be paid, at least 300 euros. 60 days before the start of the reservation, the tenant must pay the rest of the value of the contract, including additional options if selected.
Once payment has been received, the lessee will receive confirmation of the reservation. From this moment on, the reservation will be binding for both parties. . In the event that the customer cancels the binding reservation, the customer shall pay the following cancellation fees calculated on the basis of the first confirmed reservation:
If the reservation is cancelled at least 60 days before the agreed start of the rental period, the cancellation will be free of charge and the renter will be reimbursed for any payments made.
carried out.
Between 48 hours and 59 days before the agreed start of the rental, the full rental amount, including extras, must be paid. However, the lessee will receive a cancellation voucher for 50% of the total amount of the rent, which can be redeemed at the time of the conclusion of a future contract.
The remaining 50% of the total amount of the rental is excluded, excluding any other claim for reimbursement of the remaining 50% of the total amount of the rental.
Between 0 and 48 hours before the agreed start of the rental period, the full rental price, including extras, must be paid in full. Due to the requested cancellation, there is no entitlement to a voucher or refund of payments made.
The cancellation vouchers will have the following conditions:
5. Terms of payment, deposit
5.1 The rental price according to the reservation dates must be paid into the account provided by the Rental Firm to the Hirer no later than 40 days before the start of the rental period.
5.2 At the latest at the time of collection of the vehicle, the Hirer must pay the sum of € 600 by credit card as a deposit and as a guarantee of the faithful fulfillment of the obligations of this contract. (MasterCard or Visa).
5.3 The deposit will be returned after the vehicle has been examined by a person in charge of the rental company, who, in case of damage due to misuse, will determine the amount to be paid by the client. This amount will be deducted from the deposit, the tenant accepting to pay the difference if the cost of the damage exceeds the value of the deposit. If it is not possible to assess the damage immediately, the lessor will have 40 days to make the liquidation and return the deposit if applicable or claim the difference between this and the cost of the damage. In the event of a claim, the amount of the comprehensive insurance excess will also be deducted from the deposit. In the event that the tenant has to be paid compensation for the rental price paid in advance, this amount will be refunded together with the deposit.
5.4 The Hirer expressly undertakes to pay the Rental Firm:
a. At the time of return of the vehicle, the amount of the mileage for rentals of less than 5 days, calculated according to the rate in force, and/or the additional charges arising from the application of these General Rental Terms and Conditions.
b. Additional charges incurred if the vehicle is left in any other place or city, without the lessor’s authorization.
c. The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic infraction or of any other kind, which are directed against the vehicle, the lessee or lessor, derived from the term of this rental contract, unless they have been originated by the fault of the lessor.
d. In the event that the vehicle is retained or impounded due to the lessee’s fault, all expenses shall be at the lessee’s expense, including the lessor’s loss of profit for the duration of the immobilization of the vehicle.
e. Expenses incurred by the lessor (including attorneys’ and lawyers’ fees) in claiming the amounts owed by the lessee under this contract
f. The vehicle is covered by comprehensive insurance with excess (not including the personal belongings of the renter and passengers). In case of accident or theft, the lessee will be responsible for the amount of € 600 per claim.
5.5 If the Hirer defaults on payments, interest for late payment shall be charged in accordance with the statutory provisions in force.
6. Delivery and return of the vehicle
6.1 Before starting the journey, the Hirer is obliged to follow the instructions given by the Rental Firm’s technical personnel at the point of delivery. In addition, a delivery report (Pick Up) describing the condition of the vehicle will be drawn up and must be signed by both parties. The lessor may refuse to deliver the vehicle until the instruction of the vehicle has been carried out.
6.2 When returning the vehicle, the Hirer is obliged to carry out a final inspection of the motorhome together with the employees of the rental station. A Drop Off Record will be drawn up, to be signed by the lessor and the lessee. Any damage not recorded in the delivery report, but detected at the time of returning the vehicle, shall be borne by the lessee.
6.3 As a general rule, vehicle deliveries shall be made from Monday to Friday, from 10 a.m. to 12 noon; returns shall be made from Monday to Friday, from 12 noon to 1 p.m. The times shown on the rental agreement shall be deemed to be the agreed upon times. Deliveries and returns on Saturdays can only be made by prior arrangement and for an additional fee according to the current tariff. The day of delivery and return will add up to one day together, provided that the total does not exceed 24 hours or only if they exceed 24 hours due to causes attributable to the lessor.
6.4 Unauthorized delays in return will be penalized at a daily rate of three times the contract amount. Any justified cause of force majeure that prevents the return on the agreed day must be communicated immediately to the lessor for acceptance; otherwise it will be considered an unauthorized delay.
6.5 If the Hirer wishes to extend the lease, he must apply to the Rental Firm at least three days before the end of the lease. The eventual confirmation of the extension will be subject to the availability of the lessor at the time, the latter not assuming any prior commitment whatsoever.
6.6 Any alteration of the rental dates must be previously authorized by the Rental Firm. Failure to comply with this condition entitles the lessor to take possession of the vehicle or require it by court order. 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 this contract.
6.7 In the return of the vehicle due to termination of the rental, in which the Hirer is not present at the inspection of the vehicle due to causes attributable to him, delivery by mailbox or unavailability, and damage to the vehicle is found, the Hirer accepts the valuation of the damage resulting from the inspection carried out by the Rental Firm’s personnel.
6.8 The vehicle shall be returned internally clean and with empty waste water and toilet tanks. Otherwise, a cleaning fee will be charged in accordance with the rates established for this purpose.
6.9 Filling the drinking water tank with diesel or other fuel, or the diesel tank with water or other fuel, will result in a penalty of €600.
7. Prohibited Uses, Maintenance and Protection Obligations
7.1 The Hirer acknowledges that he/she 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, he/she undertakes to respect at all times the obligations and limitations described in the current Highway Code and is obliged to: a. Not to allow other persons to drive it other than himself or those expressly authorized to do so. b. Do not carry more passengers than those specified in the vehicle’s documentation. c. Not to rent or transport people for commercial purposes or any other use not included in the contract. d. Do not transport any type of merchandise, drugs, toxic or flammable products. e. Not to transfer its use to third parties for free or for profit and not to help criminals. f. Not to commit crimes, even if they are only punishable according to the law in force in the place of the facts. g. Not to drive the vehicle in inferior physical condition due to alcohol, drugs, fatigue or illness. h. Not to travel outside the road network or on any unsuitable terrain, nor to participate with the vehicle in sports, endurance, racing or other events that may damage the vehicle. i. Do not use it for pushing or towing other vehicles or trailers. j. Not to unseal or tamper with the odometer, and must immediately notify the lessor of any damage thereto. k. Not to circulate outside the following countries, without the express authorization of the lessor: Germany, Andorra, Austria, Belgium, Croatia, Czech Republic, Hungary, Slovakia, Hungary, Poland, Hungary, Poland, Slovenia, Slovakia, Slovenia, Slovakia. Czech Republic, Cyprus, Denmark, Estonia, Rep. Slovakia, Slovenia, Spain, Finland, France, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland. l. It is expressly forbidden to travel to any country that is in war or warlike conflicts. To keep the vehicle properly parked and guarded when not in use and to protect it from damage caused by frost, hail or any other atmospheric phenomenon that could cause significant damage n. It is expressly forbidden for the Hirer to change any technical characteristics of the vehicle, keys, locks, equipment, tools and/or accessories of the vehicle, as well as to make any modification to its exterior and/or interior appearance, unless expressly authorized in writing by the Rental Firm. In case of violation of this article, the lessee shall bear all the costs of restoring the vehicle to its original condition, and shall also pay an indemnity for the immobilization of the vehicle until it is fully repaired.
7.2 The vehicle must be properly cared for and treated, as well as properly locked. The technical standards as well as the regulations governing their use must be taken into account. The condition of the vehicle should be checked, especially the water and oil levels, as well as tire pressure. The renter undertakes to check regularly if the rented motorhome is in perfect condition to drive safely.
7.3 Smoking is prohibited in all vehicles. Pets may be brought as long as the lessor has given his express authorization. Cleaning costs, resulting from any non-compliance, shall be borne by the lessee. Likewise, the latter shall bear the expenses derived from the ventilation or elimination of tobacco odor, including the losses generated by the impossibility of renting the vehicle for some time due to this reason.
7.4 In the event that it is found that the provisions of the above paragraphs have been violated. 7.1., 7.2. and 7.3, the Rental Firm may immediately terminate the Rental Agreement.
8. Behavior to follow in case of an accident
8.1 In case of accident, theft, fire or damage caused by game animals, the Hirer must immediately inform the police and the Rental Firm by calling the telephone number of the rental station (the telephone number is stated in the Rental Agreement), at the latest on the working day following the day of the accident. Contrary claims are not admissible.
8.2 Liability shall never be recognized or prejudged, except in the case of a “Friendly Declaration of Accidents”. The lessee shall obtain all data from the opposing party and witnesses, which, together with the details of the accident, shall be sent to the lessor within the specified period. Immediately notify the authorities of the accident if the other party is at fault. The accident report must be duly completed and signed at the latest at the time of returning the vehicle to the lessor. The document must include the name and address of the persons involved, their driving license data, the other party’s data with the name of the insurance company and the policy number, the data of any witnesses, as well as the license plates of the vehicles involved.
8.3 In case of theft or robbery of the vehicle, it shall be reported to the competent authority immediately, communicating it and sending a copy of the report to the lessor, together with the keys of the vehicle, within a maximum period of 24 hours; otherwise, the insurance and coverage contracted shall be null and void.
8.4 Even in the case of damage without any contrary, irrespective of its seriousness, the Hirer shall draw up a comprehensive written report together with a sketch for the Rental Firm. If the lessee fails to prepare the report – no matter what the reason – and thus prevents the insurance company from paying for the damage, the lessee shall be obliged to pay the corresponding amount in full.
8.5 Do not abandon the vehicle without taking adequate measures to protect and safeguard it. Contact, if necessary, the Roadside Assistance Company contracted with the Insurer.
8.6 In case of breach by the Hirer of any of these measures, if applicable, the Rental Firm may claim from the Hirer damages caused by the latter’s negligence, including the loss of profit of the Rental Firm for the duration of the immobilization of the vehicle.
9. Motorhome defects
9.1 Claims for damages of the Hirer for defects not attributable to the Rental Firm are excluded.
9.2 When returning the vehicle, the Hirer shall inform the Rental Firm in writing of any defects that he has detected in the motorhome or its equipment after the rental period has started. Claims for damages in the event of subsequent defects are excluded, unless such a claim is based on non-obvious damage.
10. Repairs, replacement vehicle
10.1 Normal mechanical wear and tear of the vehicle shall be borne by the Rental Firm. When the length of the trip or the state of the roads so require, the necessary maintenance operations will be carried out at an official service center of the chassis engine brand.
10.2 Stop the vehicle as soon as possible when any warning light indicating an anomaly in the operation of the vehicle lights up, and contact the Rental Firm or the Assistance Company arranged by the Rental Firm, and only the latter, and go exclusively to an official service of the make of the engine chassis, unless expressly authorized by the Rental Firm.
10.3 The Hirer may order such repairs as are necessary to ensure the safe operation and driving of the vehicle during the rental period and which do not exceed € 150. All that is required is the approval of the lessor. The latter shall bear the costs of the repair if the original receipts and the replaced parts are handed over to him, provided that the Hirer is not liable for the damage in accordance with Clause 11. Damage to tires is excluded from this rule.
10.4 If such a repair is necessary due to damage attributable to the Rental Firm and the Hirer is not responsible for remedying the damage, the Hirer must inform the Rental Firm without delay of the damage in question and allow a reasonable period of time for its repair. The lessor shall not be liable for country-specific conditions (e.g. infrastructure), which lead to a delay in carrying out the repair.
10.5 In the event of any damage to the elements of the passenger compartment, the Hirer shall immediately inform the Rental Firm, from whom he shall receive the appropriate instructions for their repair.
10.6 If, through no fault of the Hirer, the motorhome is seriously damaged or if it is foreseen that the vehicle cannot be used for a longer period of time or has to be taken out of service, the Rental Firm, if it is able to provide the Hirer within a reasonable period of time with a replacement vehicle with the same or a higher number of seats, shall not be entitled to terminate the contract.
10.7 If, through the fault of the Hirer, the motorhome is seriously damaged or it is foreseen that the vehicle cannot be used for a long period of time or must be taken out of service, the Rental Firm may refuse to provide a replacement vehicle. In this case, a termination of the lease by the lessee is excluded. If the Rental Firm is able to provide the Hirer with a replacement vehicle, it may charge the Hirer for any costs incurred.
11. Tenant’s liability, comprehensive insurance
11.1 In accordance with the principles of comprehensive insurance, in the event of comprehensive damage, the Rental Firm shall indemnify the Hirer against liability for material damage, with an excess of €600, to be borne by the Hirer.
11.2 The Hirer shall under no circumstances be exempted from its civil, administrative, criminal or any other liability resulting from an accident or negligent behavior.
11.3 The exemption from liability indicated in clause 11.1 shall not apply if the Hirer fails to comply with any of the rules indicated in all the points of paragraph 11.2.1.
11.4 The exemption from liability as per 11.1 shall not apply if the Hirer has caused the damage intentionally or negligently.
11.5 The Hirer shall also be liable in the event of wilful misconduct in the following cases: a. If the lessee does not respect the rules and the highway code in force in the country where he/she is driving. b. If the damage is due to reckless driving under the influence of drugs or alcohol. c. If the lessee or the driver, to whom the lessee has left the vehicle, flees in case of accident. d. If the Hirer, contrary to the obligation set forth in paragraph 8, fails to notify the police in the event of an accident, except in the event that this violation has had no influence on the ascertainment of the reasons for the damage or the extent of the damage. e. If the Hirer violates other obligations of § 8, unless this violation did not influence the establishment of the reasons for the damage or the extent of the damage. f. If the damage is due to a use prohibited in par. 7.1. g. If the damage is due to a breach of the obligation set out in para. 7.2. h. If the damage has been caused by an unauthorized driver, to whom the lessee has left the vehicle. i. If the damage has been caused by not taking into account the dimensions of the vehicle (height, width, length). j. If the damage is due to a failure to comply with the provisions relating to the additional charge
11.6 The Hirer shall be liable for all costs, fees, fines and penalties related to the use of the vehicle, which are claimed from the Rental Firm, unless they are due to causes attributable to the latter.
11.7 If there are more lessees, they shall be jointly and severally liable.
12. Lessor’s liability, statute of limitations
12.1 The Rental Firm shall deliver the vehicle in perfect condition, having carried out all the checks and maintenance necessary for its proper operation. It shall not be liable for mechanical failures or breakdowns due to normal deterioration thereof, nor is it liable for expenses, delays or damages in any way incurred, directly or indirectly as a result of such failures or breakdowns.
12.2 If for reasons of force majeure, fortuitous reasons or reasons beyond the control of the Rental Firm, the vehicle cannot be delivered on the agreed date, this shall not entitle the Hirer to any compensation, except for the refund by the Rental Firm to the Hirer of the amount paid for the reservation.
12.3 The Rental Firm shall not be liable to the Hirer for the Hirer’s car which is parked free of charge on the Rental Firm’s premises during the rental period of the motorhome.
12.4 The Rental Firm shall be liable without limitation in the event of intent and gross negligence. In the case of slight negligence, the lessor shall only be liable to a limited extent for the foreseeable damage provided for in the contract, insofar as an obligation is breached whose performance is of particular importance for achieving the object of the contract (cardinal obligation). This liability measure shall also apply in cases where obstacles to the provision of services arise when the contract is concluded.
12.5 The General Terms and Conditions of Business displayed at the rental station at the start of the rental period shall apply.
13. Jurisdiction In case of disputes arising from or related to the rental contract of the motorhome, it is agreed that the jurisdiction shall be the city of Valencia, Valid from 01.12.2020.
