Article 1 – Destination
Article 2 – The driver or drivers
The driver(s) of this rented vehicle certifies that they are in possession of a valid driving license required to drive the rented vehicle, based on its characteristics and its MMA (Maximum Authorized Mass). Drivers must respect the conditions of age and seniority of the driving license according to the subscribed insurance. The vehicle can only be driven by the driver(s) declared in the rental contract.
The traveler is personally and contractually liable at the time of signing the rental contract as described in article 9.
Article 3 – Transfer, sublease
The traveler may not transfer, sublease or lend the rented vehicle to any third party under any circumstances. However, if the vehicle needs to be repaired, the employees of the workshop and/or the tow truck are authorized to handle it, provided that
Article 4 – Duration and mileage
The traveler determines his mileage package when he sends his reservation request to the company. This package can be consulted in the reservation details before making the payment and appears later in the rental contract. Both parties contractually accept it with the signing of the contract and will not be able to challenge it later.
The company has the right to request compensation if the kilometer package provided for in the contract has been exceeded, based on the rates provided in his advertisement and reflected in the contract. Any agreement between the company and the traveler on a different mileage package must be indicated in writing in the rental agreement.
In case of an excess of the mileage allowed by the contract, the traveler firmly agrees to pay the difference of the rate stipulated in the rental contract. The amount must be paid, as far as possible, at the time of the return of the vehicle at the end of the rental.
Article 5 – Assistance and restitution of a vehicle
The traveler is contractually responsible for the vehicle until its return to the company, as well as the accompanying documents and the keys to the vehicle, and provided that:
- The company does not receive a fine related to a violation that occurred during the rental;
- The company does not receive any ticket pending payment for tolls or similar that has taken place during the rental;
- no exterior and/or interior damage has been noted and noted on the vehicle condition control sheet on the day of return.
Otherwise, the traveler is responsible to the company and must respect the clauses of the rental contract until the resolution of the incident and the declared problem(s).
In the event that the company receives a fine related to an infraction committed during the rental, the traveler agrees to pay it after presenting the fine.
In case of receiving a toll receipt or similar during the rental period, the company must present said receipts and the traveler will be requested to immediately pay said amounts. The traveler agrees to pay them from the first request of the platform. Whenever possible, the bank card used to pay the rental may be used to recover said funds.
If the traveler damages the interior and/or exterior of the vehicle, his responsibility is compromised and he is obliged to pay the amount of the repairs or the amount of the excess applied per event.
The vehicle and all accessories made available to the traveler must be delivered in the same condition as found at the time of delivery of the vehicle. The loss or deterioration, even partial, of the vehicle or its accessories financially obliges the traveler to pay the total cost of the repairs, upon presentation of an estimate or an invoice (depending on the type of repair), as soon as his or her responsibility is compromised according to the control sheet of the state of the vehicle on the day of return or any other pertinent element that proves it (friendly part, eyewitness, injured third parties).
The delivery of the rented vehicle must be done in a well-lit place so that the control of the condition of the vehicle can be carried out in the best conditions. The delivery of the vehicle on the day of return must be carried out by the same person(s) (travelers) who made it on the day of departure. All parts and surfaces of the vehicle must be examined, including the upper parts of the vehicle.
The company can entrust the management of the delivery of the vehicle, and control of its condition, to a third party, provided that it is the same person on the day of departure and return. It will be the responsibility of the company to transmit the contact details of the person in charge before the delivery of the vehicle.
In the event that there is a major cause for which the vehicle has to be immobilized (accident, breakdown), regardless of responsibility.
All possibilities will be sought for the traveler to continue their trip with another vehicle of the same category or higher.
Once the cause for which the vehicle was immobilized is over, the replacement vehicle must be returned immediately in the same cleanliness conditions and levels (article 9). In the event that there is the possibility of keeping the replacement vehicle of a higher category, the difference in the rate will have to be paid.
Once the cause of immobilization of the vehicle has ended, the replacement vehicle must be returned to the same point at which it was delivered, except for another point agreed by both parties.
Given this point, of returning the replacement vehicle, if the traveler does not have facilities or refuses to return it, the company may contact the competent authorities. And the traveler would automatically lose the right to reimbursement of the deposit.
In case of interruption of the rental after a breakdown of the vehicle in which the responsibility cannot be attributed to the traveler and a replacement vehicle cannot be provided, the company undertakes to reimburse the traveler the amount corresponding to the days and kilometers not consumed. . Said reimbursement will be made directly between the parties to the contract. The company is solely responsible for such reimbursement. In the absence of such reimbursement, the traveler may take legal action against the company.
In case of interruption of the rental after a breakdown of the vehicle or incident in which the responsibility lies with the traveler or this cannot be determined, the traveler will not be able to claim a refund of the rental. Therefore, in the event that the traveler wants a replacement vehicle to continue their trip, they must bear all the costs of the new reservation, the expenses derived from it, as well as the amount of the new deposit.
In the event that the company does not have replacement vehicles, the procedure established by the vehicle insurance will be followed. The assistance service will inform the traveler of the procedure to follow depending on the situation.
Any incident outside of conventional (asphalted) roads will be the traveller's responsibility. The following are not considered conventional roads: roads, paths, or dunes.
Article 6 – Costs and expenses of the reservation
The total rent is paid in advance at the time of making the reservation through the www.vanvaz.com platform and if it is through the Yescapa platform, the transfer order of the company's remuneration is carried out at end the first day of rental. For all optional accessories or services that the company wishes to invoice, the traveler must be informed in advance and agree on the amount to be paid in person before departure.
The company must, as far as possible, deliver the vehicle with a hundred percent (100%) full fuel tank. Likewise, the traveler must return the vehicle with the same fuel level as the company gave it to him.
In addition, the owner agrees to provide a sufficient level of gas for the trip, motor oil, coolant, windshield washer fluid and, if necessary, products for the use of the holding tank, water from the clean water tank and ad blue, which are supplies included in the rental price. If these items are missing on the day of departure or are used up during the rental period, the company will be obliged to replace it or if the traveler replaces it, reimburse it directly in cash or by bank transfer upon presentation of the receipt.
Article 7 – Costs related to an incident
In the event of a mechanical incident occurring during the vehicle rental period, the traveler must imperatively inform the company. It is his responsibility to follow the indications of the procedure in case of incident indicated in the insurance certificate document. After the diagnosis of the workshop, repairs or changes of parts may be necessary to make the vehicle operational again. A written agreement from the company, via email hola@vanvaz.com or by SMS/Whatsapp to the mobile phone +34 633546216, must be imperatively requested and obtained by the traveler before authorizing the workshop to intervene in the vehicle. In the event that the company communicates his agreement to carry out the repairs, the traveler may give the repair order to the professionals. The invoice can be paid by the traveler to continue with the rental. The amount of the repair will be borne by the responsible party, company or traveler, depending on the origin of the breakdown/incident. Mechanical breakdowns, excluding batteries, are usually the result of normal use and tear or obsolescence of the vehicle, but can also be the result of misuse of the vehicle by the traveler.
In the event that the incident or mechanical breakdown immobilizes the vehicle, the traveler may leave the vehicle in the mechanical workshop designated by the insurance assistance. The assistance service will inform the traveler of the procedure to follow depending on the situation. For the assignment of responsibilities, the traveler must wait for the assistance service to check the condition of the vehicle with the technician. He must also take all the necessary photos (interior and exterior) to check the condition of the vehicle before its removal. In case of repatriation for assistance, the traveler must assume the amount of the difference in fuel that is missing with respect to what was written down in the contract on the day of delivery of the vehicle. If the company rejects the repair or if the mechanical breakdown immobilizes the vehicle in a period longer than that provided by the applicable assistance, it will be up to the company to recover your vehicle in the workshop once the necessary repairs have been carried out.
If the immobilization is due to misuse or an accident caused by the traveler, the company may deduct the costs of "return" to his point of origin from the amount of the deposit provided by the traveler. If the cause of the immobilization is fortuitous or undetermined, the return costs will be assumed by both parties in equal parts, that is, 50% for each of the parties to the contract. The deposit provided for in the rental contract may be used to apply this measure. If the immobilization of the vehicle is due to normal wear or negligence related to regular maintenance, it is the responsibility of the company and it must assume the entire cost of the trip to recover your vehicle. Regarding the distance of repatriation of the vehicle, all the islands to be visited must be mentioned in the rental contract or be the subject of a written agreement with the company. Otherwise, the total amount of the return trip will be attributed to the traveler.
In the event that the mechanical incident comes from misuse by travelers, a third party or a fixed object and the traveler is recognized as responsible, he or she must pay the amount for the repairs and will not be entitled to any proportional refund to unused days. Insurance and service charges are non-refundable.
Any incident outside of conventional (asphalted) roads will be the traveller's responsibility. The following are not considered conventional roads: roads, paths, or dunes.
If the mechanical incident comes from normal and regular use or poor maintenance of the vehicle, the company will be responsible and will have to assume the cost of the repairs. If, in the latter case, the traveler has paid the cost of the repairs, the company is obliged to return the full cost of said repair upon presentation of the corresponding invoices. It is the traveler's obligation to ensure that repairs are carried out exclusively by a competent licensed mechanic. He can be held harmless only if he provides proof that the mechanical incident(s) occurred as a result of normal and regular wear and tear on the mechanics or poor maintenance of the vehicle by the company. The test can be issued by an expert.
In the case in which it is impossible to define the responsibility for the incident, it is up to the company and the traveler to assume the responsibility and the cost of the repairs in equal parts (50/50).
Article 8 – Company liability
The company undertakes to deliver the vehicle in perfect working order, driving and cleanliness, with the levels and pressure of the tires verified, with a full fuel tank, a level of gas sufficient for the duration of the rental, the WC empty and clean, dirty water tank emptied and exterior and interior cleaning carried out, and disinfection of the vehicle according to the procedure indicated in the rental contract. The taking in hand of the vehicle by the traveler implies, unless written proof provided to the rental contract, that the traveler validates the perfect state of operation, driving and cleanliness of the vehicle.
Both parties to the contract jointly control the condition of the vehicle and must indicate everything in the rental contract (on paper or digital). It is up to the parties to agree on the language of the comments in the digital contract or, if two paper contracts are filled out, that the information written on both copies corresponds, whatever the language of drafting. The company undertakes to check all the important elements of his vehicle, such as air conditioning, heating, water heater, refrigerator, oven, cooktops (non-exhaustive list) during the vehicle condition check on day of departure, as well as at the time of return of the vehicle, always in the presence of the traveler. The company must also note in the rental contract the expiration date of the gas tubes, if the vehicle is equipped with them.
The company undertakes, if necessary, to drive the vehicle and carry out some maneuvers in the presence of the traveler to detect any possible anomaly (suspicious noises, malfunctions...), on the day of departure and return of the vehicle.
The company undertakes to rent your vehicle in the best possible state of cleanliness. In the event that the traveler disagrees with the state of cleanliness of the interior of the vehicle, it is necessary to specify it in the control sheet of the state of the vehicle on the day of departure, in the section reserved for it. It is recommended that the company take the necessary time to solve this problem and leave the vehicle in better conditions. If after the cleaning or solution provided, the traveler refuses to use the vehicle again, the reason for the cleaning cannot be accepted to cancel the rental reservation and reimbursement to the traveler will not be possible: the company will receive its remuneration as initially planned.
In the case of being a reservation managed by the Yescapa platform. If the company does not wish to clean the vehicle and the traveler refuses to use it for rental, the traveler must provide evidence showing non-compliance with the state of cleanliness of the vehicle (photos, videos, etc...): These must be sent by email to the Yescapa platform as soon as possible. The traveler must proceed immediately to cancel the reservation through his Yescapa account, at the latest before the end of the first day of rental. In the event that Yescapa considers that the vehicle is not in a good state of cleanliness, the platform reserves the right to request a full refund from the company.
- Vital equipment (refrigerator, air conditioning, heating, water pump, bed, skylight)
- 1 rental day for rentals of 6 days or less, 2 rental days for rentals between 7 and 10 days, 3 rental days for rentals of 11 days or more.
- Secondary equipment (table, awning, radio, television, crockery)
- 1/2 rental day for rentals of 6 days or less, 1 rental day for rentals between 7 and 10 days, 1.5 rental days for rentals of 11 days or more.
In case of damage(s) notified in the control of the state of the vehicle on the day of return that have not been noted in the control of the state of the vehicle on the day of departure, the company must retain the entire deposit and indicate it in the rental contract in the space provided for this purpose. The company will not collect the deposit until the cost of the damage has been estimated and responsibility for it has been formally established. An amicable resolution is strongly recommended, but in the absence of agreement between the parties, the company and the traveler must declare the damages through the available from within 24 hours after the end of the rental. In the event that the vehicle is damaged before the rental period, the owner is obliged to inform the next traveler to reach a possible economic agreement or make a gesture, if necessary.
The company is required to check the condition of all tires. It is necessary to change the tires every 5 (five) years. In the event of an incident, the traveler must keep the damaged tire and/or take a photo of it, preferably showing the details of the age of the tire.
In case of puncture: the responsibility falls on the traveler. In the event that only one tire must be changed (if the second tire on the same axle is new), 100% of the cost of its replacement will be borne by the passenger. However, in most cases, it is necessary to change both tires on the same axle; in this case, 75% of the cost of replacing the tires (damaged tire and second tire on the same axle) will be borne by the passenger. The remaining 25% will be borne by the owner.
Any incident outside of conventional (asphalted) roads will be the traveller's responsibility. The following are not considered conventional roads: roads, paths, or dunes.
In the event of a tire blowout or rupture:
- Tire over 5 (five) years old: The company will assume responsibility for said blowout or breakage. If the vehicle is damaged for this reason, the excess (if applicable) may not be requested from travelers. The replacement of the axle will be borne by the company.
- Tires up to 5 (five) years old or less: if the tire burst is not the result of an accidental event related to the traveler's driving (for example, impact with a fixed bodywork, or non-conventional road traffic), the company remains responsible for all damage caused by the tire bursting and no amount can be claimed from the traveler.
In case it is necessary to declare the file to the insurance (in case of damages caused to the vehicle) and if the elements allow it, the expert will be able to determine the origin of said blowout or tire breakage, as well as the responsibility of the company or the traveler.
In the event that it is impossible to determine the origin of the blowout or breakage, the company or, as the case may be, the Yescapa platform reserves the right to establish a shared responsibility, which implies a payment of 50/50 for the company and 50/50 for the traveler.
In case of interruption of the rental after a breakdown of the vehicle in which the responsibility cannot be attributed to the traveler, the company undertakes to reimburse the traveler the amount corresponding to the days and kilometers not consumed. Said reimbursement will be made directly between the parties to the contract. The company is solely responsible for such reimbursement. In the absence of such a refund, the traveler may take legal action against the company.
If the responsibility for the breakdown cannot be determined, the company is obliged to reimburse 50% of your remuneration and the daily rate of the unused mileage.
Regarding the cleaning of the interior, exterior and the black water tank, the traveler will not be financially responsible for the cleaning not carried out due to an interruption of the rental period when he is not responsible or is only partially responsible.
Article 9 – Responsibility of the traveler (Vehicle lessee)
The traveler has the obligation to read the clauses of the company before the rental. The rental contract must be signed on the day of departure in the presence of both parties, either from the company's mobile application or on paper.
In the paper contract, in case the language of expression is not common between the company and the traveler, the parties have the responsibility to understand the content before signing it. Being preferably the language used Spanish / English.
The traveler has the right to refuse the rental if the main characteristics of the vehicle do not correspond to the published vehicle description. The vehicle must correspond to the interior/exterior photos of the advertisement. In case of opposition, the traveler must present proof of the non-compliance of the vehicle (photos, videos...). The traveler must ensure the proper functioning of the vehicle and the set of accessories and equipment at the time of checking the condition of the vehicle on the day of departure. Upon taking possession of the vehicle, the traveler begins the rental and cannot claim a refund or commercial gesture regarding the condition of the vehicle.
The traveler must ensure that the vehicle is securely locked when he is not present. He must not leave personal objects in plain view and must take the necessary measures to prevent theft. Neither the company nor the Yescapa platform are responsible for theft, loss or damage to property belonging to the traveler and passengers. In case of robbery, and without an identified or identifiable third party, all damages resulting from the robbery or theft will be the responsibility of the traveler.
In the event of an accident and/or damage to the vehicle (interior and/or exterior), the traveler undertakes to notify the company immediately and without delay, by means of a telephone call and/or by e-mail.
The traveler is obliged to notify the company by phone and/or by e-mail for any type of maintenance or repair carried out on the vehicle. The invoice may be paid by the traveler to continue their rental. The amount of the repair will be borne by the responsible party, company or traveler, depending on the origin of the breakdown/incident.
The driver(s) designated in this rental contract must imperatively be the holder(s) of a category B driving license to drive a vehicle with an MMA of less than or equal to 3.5 tons. The driver(s) must respect the minimum age of 25 years and a driving license of two years.
The traveler undertakes to take care of the vehicle prudently and with the same precautions as if it were his own vehicle and to carry out the mandatory controls due to the present circumstances. The traveler is obliged to carry out normal, constant and regular maintenance of the vehicle during the period of the planned contract and as long as he is in possession of the vehicle.
The traveler must be responsible for all the necessary repair expenses of the vehicle or the applicable insurance excesses, as a consequence of the damages caused by his personal act, by third parties to the rental contract or for any damage caused by an unidentified third party.
The traveler undertakes to deliver the vehicle in perfect operating, driving and clean condition, with a full fuel tank, an empty and clean toilet box, emptying of dirty water and exterior and interior cleaning carried out. The conditions in which the vehicle is returned must be at least similar to the same in which the company delivered it to the traveler. In the absence of such conditions for the return of the vehicle and unless otherwise indicated on page 3 of the rental agreement, the company will have the right to claim penalties in accordance with the following:
| Negligence | Withholding |
| Black water not emptied (WC) | 50 EUR |
| Filling of the clean water tank not carried out | 5 EUR |
| Drainage of gray water not carried out | 15 EUR |
| Exterior cleanliness (signs on the bodywork, tires, windshield) not in accordance with the initial state of the vehicle. | 15 EUR |
| Interior cleanliness (traces of use of the kitchen and bathroom, floors not swept, presence of waste or rubbish) not in accordance with the initial state of the vehicle. | 40 EUR for a campervan 80 EUR for large volume campervan |
| Rules of life on board | Withholding |
| No smoking on board | 50 EUR |
| Presence of pets | 50 EUR |
However, if the condition of the vehicle requires the intervention of a cleaning professional, this service will be carried out by the traveler prior presentation of an invoice by the company. This service cannot be accumulated with any of the penalties indicated above.
The amount or amounts must be paid directly on the day of the return of the vehicle for the full benefit of the company, as vehicle maintenance or cleaning costs that the company may have to personally incur. In case of immobilization of the vehicle that forces the traveler to end the rental, if the immobilization is due to misuse or an accident caused by the traveler, the company may withhold from the deposit provided by the traveler the amount of cleaning provided in these clauses. The deposit provided for in the rental contract may be used to apply this measure.
The traveler may only abandon the rental in the event of a decision by assistance after a breakdown of the vehicle. If the traveler abandoned the vehicle for any other reason, he would automatically lose the right to reimbursement of the deposit, he would be financially responsible for the repatriation of the vehicle to the company's address, as well as for the damage caused to the vehicle until its repatriation to the domicile of the company.
The use of the vehicle during the entire rental period is only allowed in the territory of the Autonomous Region of the Canary Islands. In the event that the traveler does not respect the indicated restrictions, they are exposed to the non-refund of the deposit in full.
In the event of immobilization of the vehicle as a result of a breakdown or an incident that occurred outside the Canary Islands, the traveler is exposed to defray the additional costs of repatriation of the vehicle.
Both the digital contract and the contract in paper format will be available at the time of departure of the vehicle, in the language chosen by both parties.
In the event that the vehicle presents superficial damage of an aesthetic nature (see table below) caused during the rental period, the company must favor the repair instead of the replacement of the element, which will be the responsibility of the traveler and, therefore, at his expense. Superficial cosmetic damage is considered to be damage to the interior of the vehicle, not covered by the rental insurance, such as the following:
| Type of superficial damage | Damage location |
| Permanent stains (coffee, oil, glue, adhesive, etc.) | Fabrics (seats, cushions, mattresses, curtains) or other types of surfaces |
| Scratches | Any type of surface such as doors, partitions, screens, cabinets, floors, etc. |
| Impacts, chipped | Delicate surfaces such as sink, sink cover, basin, shower, lamp, table, etc. |
| Small shocks | Screens, doors, cabinets, door or drawer handles, etc. |
| Punctual burns (such as cigarettes, kettle, coffee maker...) | Table, work surface, fabrics (pillows, seat, mattress), floors, etc. |
| Information | Floors (linoleum), fabrics (pillows, seats, mattresses) and other types of surfaces. |
When it is impossible to repair superficial damage of an aesthetic nature, the traveler is obliged to compensate the company. The parties must agree on adequate compensation based on the extent of the damage and the original price of the damaged item:
- if the value of the damaged item is less than 50 EUR: the traveler must replace the item or pay an amount equal to the price of a replacement item.
- If it is an item with a value greater than 50 EUR: the company may define a maximum damage repair amount of 150 EUR depending on the size of the damage and the price of the item. An aesthetic damage cannot lead to the exchange of an item with a value greater than 50 EUR except if the damage prevents the use of the damaged item.
In the event that an aesthetic damage turns out to be a hidden damage, that is, that the element has been "made up" to hide the damage, then the traveler will be considered responsible and will have to pay the amount of the repairs of said damage.
The traveler cannot make any irreversible interior or exterior modification to the vehicle without the advance agreement of the company. The traveler must obligatorily check and control the levels of the different fluids in the vehicle: engine oil, water, sewage, steering fluid, fluid cleans windows and engine coolant. When necessary, the traveler must carry out this maintenance and replacement.
The traveler must regularly check the tire pressure. As soon as this is necessary, they should be inflated again to the levels indicated in the vehicle use and maintenance guide provided by the manufacturer. This document must be delivered by the company to the traveler at the time of delivery of the vehicle.
The traveler must replace the equipment of the vehicle that has been damaged during the rental period. Of this equipment, the windshield wipers, toilet paper or light bulbs are especially detailed. The traveler is responsible for all damages caused by his act, his own negligence or that of third parties during the vehicle rental period. The traveler is solely responsible for all damages arising from improper refueling, wrong refueling of the fuel tank with water or the water tank for fuel.
The traveler undertakes his criminal responsibility for all traffic violations detected by the police during the rental period. The penalties (fine, withdrawal of points...) are entirely the responsibility of the traveler for any non-compliance notified during the period of validity of the rental contract with the rented vehicle. The company reserves the right to send the documents (identity document and driving license) to the competent authorities for the attribution of the fine to the holder of the rental contract responsible for the infraction, upon presentation of the proof of infraction received by the business.
When the budget for the repair(s) is less than the franchise, the insurance will not request an expert inspection of the vehicle. The same goes for damage not covered by insurance. In both cases, the amount of the repairs will be the exclusive responsibility of the traveler if he is responsible, upon presentation of an estimate for the repairs or the invoice.
However, in the event of damage to a vehicle that is more than 10 years old (and whose damaged part has not been replaced in the last 10 years), an obsolescence coefficient could be applied to distribute the amount of the repairs that must be paid by the company and the responsible traveler, according to the principle of the loss of value of an object due to its use, its age or technical progress to achieve a residual value. From the eleventh year, this distribution of the amount to pay can be applied to damaged items, up to 5% per additional year and up to a maximum of 50% this distribution of costs between the company and the traveler will be applied only in absence of a vehicle inspection. Labor remains the sole responsibility of the traveler.
In addition, in the event of aggravation of damage, that is, when the damaged element already included visible damage in the control of the condition of the vehicle before the rental and it is impossible to repair said damage, leading to a mandatory replacement of the damaged element, it will not be possible to request an appraisal of the vehicle if it included too important damages before the rental.
In the absence of an expert appraisal of the vehicle, the company reserves the right to study a distribution of the amount to be paid between the company and the traveler, according to the importance of the initial damage, up to a maximum of 50% between the company and the traveler. In the event that there are not sufficient supporting elements (photo, video) to estimate the initial wear, the amount of the replacement will be borne exclusively by the traveler.
For any damage, the repair of the damaged element or elements will always prevail over its replacement. However, if the damaged element or elements are irreparable, they must be replaced with new ones.
This is the case even when the damage is to a single part or component that cannot be repaired or replaced. In the event that a small break causes the equipment to become unusable, it must be replaced in its entirety. The replacement cost will be borne exclusively by the person in charge, except when the broken element is more than 10 years old. In this case, an obsolescence principle is applied from the eleventh year, at a rate of 5% for each additional year, up to a maximum of 50% of the cost shared between the company and the traveler. Labor and VAT are the sole responsibility of the traveler.
In case of interruption of the rental after a breakdown of the vehicle or incident in which the responsibility lies with the traveler or this cannot be determined, the traveler will not be able to claim a refund of the rental. Therefore, in the event that the traveler wants a replacement vehicle to continue their trip, they must bear all the costs of the new reservation, the expenses derived from it, as well as the amount of the new deposit.
Article 10 – Conditions
This rental is expressly agreed and accepted in terms of applicable laws and regulations on the matter. The two parties undertake to carry out a check of the condition of the vehicle as complete as possible both at the time of delivery and at the time of return of the vehicle. The control of the condition of the vehicle on the day of departure and the day of return must be completed by both parties and have the same validity, the responsibility for the proof lies with the party that questions the accuracy of the condition of the vehicle.
The traveler takes the vehicle in the state in which it is on the day of taking possession of the vehicle.
Unless otherwise indicated in the vehicle condition file in the presence of both parties on the day of delivery of the vehicle to the traveler, the traveler is deemed to receive said vehicle in good working order and clean, without other formalities. As soon as the traveler takes possession of the vehicle, he is responsible for its use, control and protection. Upon return of the vehicle, it is considered that the company receives the vehicle in good condition and clean without further formalities. In the event of damage(s) reported at the time of checking the condition of the vehicle on the day of return of which the traveler does not agree, it is up to the latter to present the necessary evidence of their non-responsibility regarding the damage(s) damages. Otherwise, the traveler will not be able to exclude liability for it.
The traveler enjoys the vehicle and uses it within normal conventional conditions.
It should be noted that the traveler is obliged to take all necessary precautions and strictly follow the prescriptions of the rules established by the Traffic Code and its regulations in force.
The traveler is prohibited from using the vehicle:
- to participate in automobile events, to test vehicles and as a driving school;
- for the transport of goods or persons for remuneration;
- participate in any form of humanitarian convoy without the written agreement of the company;
- travel to a war or armed conflict zone during the rental period;
- to pull, push or drag another vehicle in any way;
- overload with a certain number of people or with a payload exceeding the values and requirements as specified by the manufacturer;
- to transport flammable materials, explosives, toxic or dangerous products;
- to commit any type of infraction.
The rental vehicle can be equipped with a GPS tracker for the safety of the company and the traveler. The company cannot use this device to violate the privacy of travelers. In the event that the GPS tracker records a geolocation excluded from the rental agreement, such as an undeclared visited country or one of the points listed above, a loss of insurance coverage may apply and the traveler may be held legally liable and economically in case of damages and/or any other consequence derived from geolocation not declared or prohibited by this contract.
Insurance and assistance correspond to those specified at the time of the reservation request, contracted by paying the reservation and indicated in the rental contract.
The insurance does not cover damage done off-road. The following are not considered conventional racing: roads, trails, and dunes.
Occurrence of damage: In case of damage such as accident, theft, loss, fire, damage caused by animals or any other damage, the traveler must immediately notify the police or forest ranger. In such situations, the traveler agrees to write or have a report written outlining the conditions under which the damage occurred. In case of damage of these characteristics, the traveler is obliged to immediately inform the company by telephone, SMS, Whatsapp or mail.
If an amicable part is drawn up by the traveler, it will be filled out at the scene of the accident with the other driver involved in the accident, in accordance with the regulations in force without any section being ignored, filled in partially, incorrectly or in a way that is difficult to read. It is mandatory to pay special attention to the explanatory drawing of the accident. If the accident involves several vehicles, the traveler must establish a friendly declaration with the driver of the vehicle in front, and a declaration with the vehicle that follows behind. In the event that the other driver refuses to fill out or sign the declaration, you must have at least the license plate number of the other vehicle. The traveler must then try to obtain testimonies from people who have seen the accident, or request the intervention of a police service agent or Civil Guard.
The friendly report duly completed must be transmitted to the insurance company within a maximum period of five workdays after, previously presented and validated by the company respecting the period of public order (art. L. 113-2 of the Insurance Code).
If assistance is needed on the road, path, or dune, it is not considered assistance but rescue. The towing service may not be responsible for this assistance, which will entail an additional charge for the traveller.
Article 11 – Guarantee Deposit (deposit)
The deposit can be used to cover the costs of repairing the vehicle in the event of an accident or damage. It can also be used to cover the amount of the insurance excess. The deposit is also intended to cover excess mileage and any amount owed to the owner by the traveler as part of the rental, and in accordance with the conditions of the rental agreement. The management of the deposit is subject to the signature by both parties (traveler and company) of the rental contract and the vehicle status control sheet on the day of departure and return.
The company receives the deposit, the amount of which must be indicated in the rental contract. The deposit can be managed via TPV, blocking the amount without being collected, via bank transfer or in cash. The form will be previously agreed between the company and the traveler.
If the deposit is not delivered on the day of departure, the owner has the right to refuse to carry out the rental and cancel it. The traveler, in this case, will not be entitled to any refund.
If the vehicle does not present any anomaly, the company must imperatively return the deposit up to a maximum of 24 hours after the return. Depending on the way it was formed.
If the vehicle presents one or several anomalies, the company must retain the entire deposit without collecting it until the amount of the necessary repairs is known. The amount must appear in the rental contract in the place designated for this purpose.
In case of exceeding the contracted mileage package, lack of fuel, traveler delay of more than 2 hours and/or proven negligence (see article 9), the company must withhold and collect the amount indicated for the aforementioned cases of agreement with these clauses, after having indicated it in the rental contract, which must be signed imperatively by both parties.
The deposit can be used to cover the tolls or the fines that the traveler declares to the company upon his return from the rental. If the existence of infractions is unknown at the time the vehicle is returned and the company receives non-payment of tolls and/or fines corresponding to the rental period, the traveler remains responsible for this amount and the associated penalties (loss of points, loss of licence...).
In the event that the deposit is via TPV, in its blocking mode and a certain amount has to be withheld (see article 9). The remainder will be unblocked within 30 days after the bail is blocked.
In the event that the deposit is via bank transfer and a certain amount has to be withheld (see article 9). The remainder will be returned within 24 hours after signing the return contract.
In the event that the deposit is via cash and a certain amount has to be withheld (see article 9). The remainder will be returned upon signing the return contract.
Article 12 – Litigation
Amicable settlement is the best option for quick management of any damage or breach of contract. The bond and the indications of these clauses allow the parties to find an amicable solution.
If it is not resolved amicably, the referral to a competent court is possible at the own initiative of any of the parties, company and/or traveler. The parties to the contract can go to a local court for disputes and litigation of less than €4,000.