INFORMATIONAL ENGLISH TRANSLATION
This document is an informational translation of the original Spanish version.
The legally binding version of this contract is the Spanish text. In the event of any discrepancy, inconsistency or difference of interpretation between the Spanish version and this translation, the Spanish version shall prevail.
GENERAL RESERVATION CONDITIONS AND SELF-DRIVE MOTORHOME RENTAL AGREEMENT
The confirmation of a reservation implies the express, full and unconditional acceptance of each and every one of these General Conditions and of the rental agreement.
CHAPTER I – GENERAL PROVISIONS
Article 1. Identification of the Lessor
1.1. ALMIBAR GLOBAL SL, CIF B47800925, with registered address at Calle Parque de la Judería nº 5, 47300 Peñafiel (Valladolid), Spain, hereinafter referred to as the “LESSOR”, carries out the activity of self-drive motorhome rental on the island of Mallorca under the brand GUMARA CAMPER.
1.2. These General Conditions fully regulate the reservation and the rental agreement entered into with the client (hereinafter referred to as the “LESSEE”).
CHAPTER II – RESERVATION AND FORMATION OF THE CONTRACT
Article 2. Reservation process
2.1. Reservations shall be made exclusively through the official website of the LESSOR.
2.2. The following shall be mandatory: selection of dates; selection of pick-up time slot; selection of return time slot; selection of extras; express acceptance of these conditions; and payment of 100% of the total amount.
2.3. Time slots constitute an essential element of the contract.
2.4. The contract shall be considered concluded upon full payment of the rental and the subsequent electronic signature through the Odoo platform within the period indicated by the LESSOR. Failure to sign within this period shall entitle the LESSOR to apply the applicable cancellation conditions.
2.5. Prior to the start of the rental, the LESSEE must complete the mandatory pre check-in form.
Article 3. Price and cancellation
3.1. The price shall be the one in force at the time of the reservation.
3.2. Cancellations:
More than 30 days: 20%.
Between 30 and 15 days: 40%.
Between 15 and 7 days: 70%.
Less than 7 days: 100%.
3.3. These penalties respond to objective criteria related to vehicle immobilisation and the business structure.
3.4. Personal circumstances of the LESSEE shall not give rise to a right to refund.
3.5. Refunds shall only apply in cases of objective and generalised legal impossibility.
3.6. The contracting of external cancellation insurance does not modify this cancellation policy with respect to the LESSOR.
CHAPTER III – DURATION AND TERRITORIAL SCOPE
Article 4. Duration
4.1. The rental period begins and ends according to the agreed time slot.
4.2. Late return: €50 + €25 per full hour, without prejudice to additional damages resulting from the impact on subsequent reservations.
4.3. After four hours without communication, the LESSOR may initiate vehicle recovery procedures.
4.4. Voluntary early termination shall not entitle the LESSEE to any refund.
4.5. If the vehicle becomes unusable due to an incident attributable to the LESSEE, the contract shall be terminated without the right to reimbursement.
Article 5. Territorial scope
5.1. The vehicle may be used exclusively within Mallorca.
5.2. The territorial scope constitutes an essential element of the contract and is linked to the conditions of the insurance policy.
5.3. It is prohibited to take the vehicle outside Mallorca without the express written authorisation of the LESSOR.
5.4. Non-compliance shall be considered a serious breach and shall entitle the LESSOR to immediate termination of the contract, activation of location systems and recovery of the associated costs.
Article 6. Mileage
6.1. The contract includes unlimited mileage exclusively within the island of Mallorca.
6.2. Unlimited mileage is subject to compliance with the territorial scope established in Article 5.
CHAPTER IV – AUTHORISED DRIVERS AND USE
Article 7. Authorised drivers
7.1. Minimum age: 25 years.
7.2. Category B driving licence held for a minimum period of 2 years.
7.3. Only persons expressly authorised in the contract may drive the vehicle.
7.4. The LESSOR may require the original driving licence and a valid identification document before handing over the vehicle. Failure to present valid documentation may result in refusal of delivery without additional compensation.
Article 8. Prohibited uses
8.1. The following shall constitute a serious breach of contract: driving under the influence of alcohol or drugs; subletting; unauthorised commercial use; participation in competitions; driving on unsuitable roads; tampering with technical systems or GPS; transporting more occupants than those authorised.
8.2. In the event of a serious breach or risk to the insured asset, the LESSOR may adopt technical remote immobilisation measures where the system allows and terminate the contract without the right to reimbursement.
CHAPTER V – DELIVERY, SECURITY DEPOSIT AND RETURN
Article 9. Delivery and initial inspection
9.1. Delivery is carried out in autonomous (self-service) mode.
9.2. The LESSEE must complete the digital initial inspection form within 60 minutes following the start of the rental, including photographs of the interior and exterior condition.
9.3. Failure to complete the form within this period shall imply express acceptance and presumption of conformity with the visible condition of the vehicle, equipment and fuel level.
9.4. This presumption shall not affect hidden defects that cannot be detected through a diligent inspection.
9.5. The photographs provided shall constitute binding contractual evidence.
Article 10. Security deposit
10.1. The LESSEE must pay a security deposit of €600 five (5) days prior to the start of the rental via the secure payment link sent together with the contract.
10.2. Delivery of the vehicle is conditional upon effective receipt of the signed contract and payment.
10.3. The deposit guarantees damages, equipment, extraordinary cleaning, fuel, fines, contractual breaches and any economic loss resulting therefrom.
10.4. If the damage exceeds the deposit amount, the LESSEE shall be liable for the difference.
10.5. The return of the deposit shall be initiated within 48 hours after verification, without prejudice to the applicable banking processing time.
Article 11. Fuel
11.1. The vehicle is delivered with a full fuel tank.
11.2. It must be returned with a full fuel tank.
11.3. Otherwise, the required fuel will be charged plus €15 as a handling fee.
Article 12. Keys
12.1. The LESSEE is responsible for the safekeeping of keys and remote controls.
12.2. In the event of loss or damage, a penalty of €150 shall apply, without prejudice to additional proven costs.
CHAPTER VI – INSURANCE, TELEMATICS, BREAKDOWNS AND ASSISTANCE
Article 13. Insurance
13.1. Comprehensive insurance with an excess of €600 per independent claim.
13.2. It does not cover personal belongings, damage caused by gross negligence, or driving on unsuitable roads.
Article 14. Roadside assistance
14.1. The vehicle is covered by roadside assistance in accordance with the insurance policy.
14.2. Assistance does not cover unsuitable roads or areas inaccessible to tow trucks.
Article 15. Breakdowns and obligation to notify
15.1. The LESSEE must stop the vehicle in the event of a red warning light or serious alert.
15.2. Ignoring warnings constitutes gross negligence.
15.3. Technical manipulation of the vehicle is prohibited.
15.4. Any resulting damage shall be fully attributable to the LESSEE.
Article 16. Telematic systems and data protection
16.1. The vehicle is equipped with a telematic system that records technical data and driving events.
16.2. Such data may be used as contractual evidence.
16.3. Data processing is limited to security purposes and contractual compliance.
16.4. The LESSEE provides consent through acceptance of the contract.
16.5. The data shall be stored in accordance with the applicable regulations.
CHAPTER VII – INVENTORY AND EQUIPMENT
Article 17. Contractual inventory
17.1. The vehicle is delivered with the fixed and movable equipment corresponding to the reserved model and, where applicable, the extras contracted.
17.2. The inventory shall be considered an integral part of the contract and shall be incorporated through:
standard description by model,
digital initial inspection form,
and photographic documentation provided by the parties.
17.3. The LESSEE declares having received the vehicle with complete equipment and in proper working condition, except for any incidents reported in accordance with Article 9.
Article 18. Fixed equipment
18.1. Fixed equipment elements include, among others:
interior furniture,
cabinets and doors,
countertop,
refrigerator,
interior electrical installation,
windows,
roof vent with mosquito net and blackout blind,
bed structures,
anchoring and fixing systems,
water system and pump,
integrated tanks.
18.2. These elements may not be dismantled or manipulated.
18.3. Any damage resulting from improper use, manipulation or negligence shall be attributable to the LESSEE.
Article 19. Movable equipment and responsibility
19.1. The following shall be considered movable equipment, depending on the model and extras contracted:
mattresses,
curtains,
rugs,
outdoor table,
chairs,
portable stove,
tableware kit,
bed linen,
pillows,
removable outdoor shower with shower head,
chemical toilet when contracted as an extra.
19.2. The LESSEE shall be responsible for loss, breakage or deterioration resulting from misuse, improper handling or negligence.
19.3. With regard to bed linen and pillows, only evident material destruction or irreversible damage will be charged. Ordinary wear without tears, burns or permanent stains shall not be considered damage.
19.4. Replacement shall be assessed according to market price or duly documented actual cost.
CHAPTER VIII – SAFETY AND SPECIFIC PROHIBITIONS
Article 20. Use of portable stove and gas systems
20.1. The portable stove must be used exclusively under conditions of sufficient ventilation.
20.2. It must never be used in enclosed spaces without adequate ventilation.
20.3. It must remain under constant supervision while in operation.
20.4. Improper or negligent use causing material damage or safety risks shall be fully attributable to the LESSEE.
Article 21. Prohibition of smoking and open flames
21.1. Smoking inside the vehicle is prohibited.
21.2. The use of candles, incense or any open flame inside the vehicle is prohibited.
21.3. Breach of this provision shall result in a minimum penalty of €300, without prejudice to higher documented costs resulting from specialised cleaning, odour removal or repair of damages.
Article 22. Pets
22.1. The presence of pets requires prior express written authorisation from the LESSOR.
22.2. Not all units allow pets.
22.3. The LESSEE shall be responsible for any damage, extraordinary dirt, odours or deterioration caused by the pet.
22.4. The introduction of pets without authorisation may constitute a serious breach and may entitle the LESSOR to terminate the contract.
CHAPTER IX – CLEANING AND PENALTIES
Article 23. Cleaning
23.1. The vehicle must be returned:
without organic waste,
without dirty dishes,
without visible food remains,
without significant sand accumulation,
with the wastewater tank emptied,
and, where applicable, with the chemical toilet emptied and rinsed.
23.2. Basic standard cleaning is included in the rental price.
23.3. Where the condition of the vehicle requires specialised professional cleaning, a minimum penalty of €100 shall apply, without prejudice to higher duly documented costs.
Article 24. Fines and administrative charges
24.1. The LESSEE shall be responsible for all administrative penalties, fines, tolls, parking charges or other fees arising from the use of the vehicle during the rental period.
24.2. The LESSEE expressly authorises the LESSOR to provide their personal data to the competent authorities for the proper identification of the responsible driver.
24.3. Administrative handling of fines may generate reasonable and proportionate processing fees.
CHAPTER X – TERMINATION AND DISPUTE RESOLUTION MECHANISMS
Article 25. Limitation of liability
25.1. The LESSOR shall not be liable for indirect damages, loss of holidays, loss of reservations, loss of profit or economic losses resulting from the use or inability to use the vehicle.
25.2. The above shall be without prejudice to the mandatory rights granted to consumers under applicable law.
Article 26. Termination for breach
26.1. The LESSOR may terminate the contract immediately in the event of a serious breach, without the right to reimbursement and with the right to claim additional damages.
26.2. Serious breaches shall include, among others:
use outside the territorial scope,
driving under the influence of substances,
technical manipulation,
subletting,
concealment of damages,
refusal to return the vehicle.
Article 27. Governing law and jurisdiction
27.1. This contract shall be governed by Spanish law.
27.2. For consumers residing in the European Union, the courts of their place of residence shall have jurisdiction in accordance with applicable regulations.
Article 28. Prior extrajudicial resolution
28.1. Prior to initiating any judicial action, the parties undertake to attempt to resolve the dispute through written communication and negotiation for a minimum period of 15 calendar days from the formal notification of the conflict.
28.2. This commitment does not limit the right of the parties to subsequently resort to the competent courts.
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Article 29. Language of the contract
29.1. This contract is originally drafted in Spanish, which shall be the legally valid and binding version between the parties.
29.2. The LESSOR may provide translations of the contract into other languages, including English or French, for informational purposes only and to facilitate the LESSEE’s understanding.
29.3. In the event of any discrepancy, contradiction or difference of interpretation between the Spanish version and any translation, the Spanish version shall prevail in all cases.