Confirmation of rental booking implies acceptance of each and every one of the following booking conditions and rental agreement clauses.
Condiciones de Reserva en www.gumaracamper.com
1. The booking process is completely online. The dates are not reserved by the client until the payment process is confirmed.
2. The reservation holder can coincide with the main driver, but it is not mandatory If it is essential that at the time of collection of the camper van, this present the holder of the reservation and the main driver. Both the main driver and the secondary driver, if any, must be over 25 years old and with at least 2 years of experience in the driving license.
3. All travellers who are going to travel or stay overnight in the camper van during the rental period, must be present at the time of signing the rental contract, with the necessary documentation in force. ID card or passport for all travellers and a valid driving license for the Spanish territory in force for the driver(s).
4. Reservation Cancellation The reservation of a vehicle through the web includes the payment of 100% of the total amount of the rental. In the event that the client cancels the requested reservation, the following penalties will be applied to the total amount of the reservation:
– If cancellation is communicated before 30 days before the start of the rental period, a penalty of 20% will be charged of the reservation amount.
– If you communicate between 30 and 15 days before the start of the rental, a penalty of 40% of the amount of the reservation.
– If you communicate between 15 and 7 days before the start of the rental, a penalty of 70% of the amount of the reservation.
– If it is communicated with less than 7 days before the beginning of the rent …. 100%
Solicitud de Cancelación de Reserva: info (@) gumaracampaer.com
5. The confirmation of the reservation process implies the acceptance of each and every one of the following clauses set forth in the rental contract.
The Rental Contract
1. Scope of application, content of the contract, applicable law
1.1. Only the following General Terms and Conditions of GUMARA CAMPER MALLORCA, with company name ALMIBAR GLOBAL SL (hereinafter referred to as the “lessor”) are valid. 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 dwelling vehicle 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. This contract is governed exclusively by Spanish law. 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 Lessor and the Lessee shall be in writing.
1.5. Only authorized persons may travel or spend the night in the vehicle at the time of vehicle pick-up and signing of the rental contract.
1.6. Not being allowed to leave the island of Mallorca without prior authorization.
Minimum age, authorized drivers
2.1. The lessee and each driver must be at least 25 years old. Y estar en posesión de un permiso de conducción clase B con más de dos años de antigüedad o el permiso nacional correspondiente. If you are a non-EU resident you must be in possession of an international driver’s license.
2.2. If the driver’s license that corresponds to the rented vehicle is not available at the time of delivery of the rented van, the vehicle shall be deemed not to have been picked up; in this case, the relevant cancellation conditions shall apply (see section 4.2).
2.3. Only the lessor and additional drivers who have registered at the rental station may drive the vehicle.
3. Rental prices and calculation, rental duration of rental
3.1. Rental prices are derived from the lessor’s price list in effect at the time the contract is signed. 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. A fixed, one-time fee will be charged for each rental for the services rendered.
3.2. The rental prices of optional accessories are derived from the lessor’s price list in effect at the time the contract is concluded.
3.3. The corresponding rental prices include: VAT, unlimited mileage, comprehensive insurance according to the corresponding insurance coverage (see below para. 11).
3.4. 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 employees of the rental station.
3.5. It is important that in case of delay in the time of return of the vehicle, the rental company is informed as soon as possible, assuming a penalty of 50 €, plus 25 € extra for each hour of delay. 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. If more than 4 hours have elapsed since the deadline for returning the vehicle without news from the lessee, the lessee will be brought to justice by filing a theft or misappropriation report with the police.
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 housing van is delivered with a full tank of fuel and must be returned as such. Otherwise, the lessor will charge the price of filling the tank, plus 15€ as a service fee. The lessee shall be responsible for fuel and operating costs during the rental period.
4. Reserve
4.1. The booking and cancellation conditions are those described in each booking channel offered by the leasing company.
4.2 Cancellation of Booking. The reservation of a vehicle through the web includes the payment of 100% of the total amount of the rental. In case the customer cancels the requested booking, the following penalties will be applied to the total amount of the reservation:
– If cancellation is communicated before 30 days prior to the start of the rental period, a penalty of 20% of the reservation amount will be charged.
– If you notify us between 30 and 15 days before the start of the rental period, a penalty of 40% of the reservation amount will be charged.
– If you notify us between 15 and 7 days before the start of the rental period, a penalty of 70% of the reservation amount will be charged.
– If less than 7 days before the start of the rental period …. 100%.
Reservation Cancellation Request: info (@) gumaracampaer.com
5. Terms of payment, deposit
5.1. At the time of picking up the vehicle, the renter must pay the outstanding amount of the rental and extra services or accessories.
5.2. At the time of picking up the vehicle, the lessee must pay the amount of 600€, by credit card, as a deposit and as a guarantee of the faithful fulfillment of the obligations of this contract.
5.3. It is very important that the renter takes notes and photographs of any possible damage present in the vehicle before signing this contract, as proof of condition control for the review at the time of return.
5.4. 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 customer. This amount will be deducted from the deposit, the tenant accepting the payment of the damages, up to the amount of the deposit of 600€ VAT included. If it is not possible to assess the damage immediately, the lessor will have 30 working days to make the settlement and return the deposit, if applicable. In case the value of the repair exceeds 600€ of the deposit, the tenant loses the right to the refund of the deposit. In the event of a claim, the amount of the comprehensive insurance excess will also be deducted from the deposit.
The valuation of the damage to the vehicle will be examined only in the workshop arranged by the lessor.
5.5. The Lessee expressly agrees to pay the Lessor:
– Additional charges incurred if the vehicle is left in any other place or city, without the lessor’s authorization.
– 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.
– 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.
– Expenses incurred by the lessor (including attorneys’ and lawyers’ fees) in claiming the amounts owed by the lessee under this contract.
– 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.
5.6. If the Hirer is in arrears with payments, interest for late payment shall be charged in accordance with the legal provisions in force.
6. Delivery and return of the vehicle
6.1. Before starting the trip, the lessee is obliged to follow the instructions given by the lessor’s technical staff at the point of delivery. The lessor may refuse to deliver the vehicle until the instruction of the vehicle has been carried out. A check of the proper functioning of all elements of the vehicle is carried out with the lessee. Photographs of the exterior and interior of the vehicle will also be taken at the same time by both parties to verify the condition at the time of delivery.
6.2. When returning the vehicle, the hirer is obliged to carry out a final check of the motorhome together with the employees of the rental point. Any damage ascertained by checking the photographs taken at the time of delivery shall be borne by the Hirer.
6.3. DELIVERY AND RETURN SCHEDULE.
- The Deliveries are made between 2:30 p.m. and 8:30 p.m. of the first day. You can anticipate delivery at 9:00 a.m. by hiring an extra half day. (Consult us before making the reservation)
- The Returns are between 9:00 a.m. and 11:00 a.m. of the last day. You can delay the return until 8:00 p.m. by hiring an extra half day. (Consult us before making the reservation)
6.4. PICK UP AND RETURN OUT OF HOURS
- YOU CAN PICK UP OR RETURN THE CAMPER 24 hours a day. OF THE DAY.
- For deliveries after 8:30 p.m. of the first day or returns before 9:00 a.m. On the last day, a supplement is charged per reservation and it is mandatory in these cases to also take the extra option transfer to the airport or Palma center.
- Price: €25/reservation. Iva. Incl.
- You must notify us at the time of making the reservation, by sending us an email or WhatsApp. We cannot guarantee the availability of delivery or return after hours if we have not been informed at the time of making the reservation.
6.5. Unauthorized delays in return will be penalized as described in point 3.5 of this contract.
6.6. If the lessee wishes to extend the lease, he/she must request the lessor to do so in advance. 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.
6.7. Cualquier alteración de las fechas de alquiler, deberá ser previamente autorizada por el arrendador. El incumplimiento de esta condición faculta al arrendador para hacerse cargo del vehículo o requerirlo judicialmente. 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.
6.8. In the return of the vehicle due to termination of the rental, in which the lessee is not present at the inspection of the vehicle due to causes attributable to him, delivery by mailbox or non-availability, and damage to the vehicle is found, the lessee accepts the valuation of the damage resulting from the inspection carried out by the lessor’s personnel.
6.9. The vehicle shall be returned internally clean and with empty WC tanks. Otherwise, a cleaning fee of 100€ will be charged.
6.10. 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 lessee 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. He undertakes to always respect the obligations and limitations of the current Highway Code and is obliged to:
– Not to allow other people to drive it other than himself or those who are expressly authorized to do so.
– Do not carry more passengers than those specified in the vehicle’s documentation.
– Not to rent or transport people for commercial purposes and any other use not included in the contract.
– Do not transport any type of merchandise, drugs, toxic or flammable products.
– Not to transfer its use to third parties free of charge or for profit and not to assist criminals.
– Not to commit crimes, even if they are only punishable under the laws in force at the place of the crime.
– Not to drive the vehicle in inferior physical conditions due to alcohol, drugs, fatigue or illness.
– Not to travel outside the road network or on any unsuitable or unpaved terrain, nor to participate with the vehicle in sports, endurance, racing or other events that may damage it.
– Do not use it to push or tow other vehicles or trailers.
– Do not unseal or tamper with the odometer, and immediately inform the lessor of any damage to it.
– The lessor is only authorized to drive the rented vehicle on the island of Mallorca.
– It is expressly forbidden to travel to any country involved in war or warlike conflicts.
– Have the vehicle properly parked and guarded when not in use and protect it from the deterioration caused by frost, hail or any other atmospheric phenomenon that could cause significant damage.
– 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 lessee undertakes to regularly check that the rental van is in perfect condition for safe driving.
7.3. Smoking is prohibited in all vehicles. Pets may be brought as long as the lessor has given prior express authorization. Cleaning and disinfection costs, arising from
any default, 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 lessee must immediately inform the police and the lessor by calling the telephone number of the rental center (the telephone number is included in the rental contract). Contrary claims are not admissible.
8.2. Responsibility for the event will never be recognized or prejudged, except in the case of a “Friendly Accident Declaration”. 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 data of the other party 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 6 hours; otherwise, the insurance and coverage contracted shall be null and void.
8.4. Even in the case of damage without any contrary, regardless of its seriousness, the lessee shall draw up a comprehensive written report together with a sketch for the lessor. 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 is 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 lessee of any of these measures, if applicable, the lessor may claim from the lessee damages caused by negligence of the lessee, including the loss of profit of the lessor company during the time the vehicle is immobilized.
9. Motorhome defects
9.1. Claims for damages by the lessee for defects not attributable to the lessor are excluded.
9.2. When returning the vehicle, the lessee must inform the lessor in writing of any defects he/she has detected in the motorhome or its equipment after the start of the rental period. 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 is assumed by the lessor. When the duration of the trip or the state of the roads make it advisable, the necessary maintenance operations will be carried out in a workshop arranged by the leasing company.
10.2. Stop the vehicle as soon as possible when any light indicating an anomaly in the operation of the vehicle illuminates, contacting the lessor and following the steps detailed by the lessor.
10.3. The lessee may order those repairs that are necessary to ensure the safety during the operation and circulation of the vehicle during the rental period and that 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 the tires, such as puncture or blowout, shall be borne by the lessee.
10.4. In the event that such a repair is necessary due to damage attributable to the lessor and the lessee is not responsible for remedying the damage, the latter must inform the lessor without delay, within six hours, of the damage in question and allow a reasonable period of time for its repair. The lessor shall not be liable for day-specific conditions (e.g. workshop hours), 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 lessee must immediately inform the lessor, from whom he will 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 long 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 obliged to terminate the contract.
10.7. In the event that the lessee is at fault and 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 lessor 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. According to the principles of comprehensive insurance, in the event of comprehensive damage, the lessor shall exempt the lessee from liability for material damage, with an excess of 600€, to be borne by the lessee.
11.2. Under no circumstances shall the lessee be exempted from civil, administrative, criminal or any other type of liability resulting from an accident or fraudulent behavior.
11.3. The exemption from liability indicated in paragraph 11.1 shall have no effect if the lessee fails to comply with any of the rules indicated in all of the points of paragraph 8.
11.4. The exemption from liability in section 11.1 shall not apply if the Hirer has caused the damage intentionally or negligently.
11.5. In addition, the lessee shall be liable in case of fraudulent behavior in the following cases:
– If the lessee does not respect the rules and the highway code in force in the country where he/she is driving.
– If the damages are due to reckless driving under the influence of drugs or alcohol
– If the lessee or the driver, to whom the lessee has left the vehicle, flees in the event of accident
– If the Hirer, contrary to the obligation set out in paragraph 8, fails to notify the police in the event of an accident, unless this failure has had no influence on the ascertainment of the reasons for the damage or the extent of the damage.
– If the hirer violates other obligations under par. 8, unless this violation has not influenced the ascertainment of the reasons for the damage or the extent of the latter
– If the damage is due to a use prohibited in para. 7.1.
– If the damage is due to a breach of the obligation set out in para. 7.2.
– If the damage has been caused by an unauthorized driver, to whom the lessee has left the vehicle
– If the damage has been caused by not taking into account the dimensions of the vehicle (height, width, length)
– If the damage is due to non-compliance with the provisions regarding additional load.
11.6. The lessee shall be liable for all expenses, fees, fines and penalties related to the use of the vehicle, which are claimed from the lessor, except if they are due to causes attributable to the latter.
11.7. If there are more than one lessee, they will be jointly and severally liable.
12. Lessor’s liability, statute of limitations
12.1. The lessor delivers 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 lessor, the vehicle cannot be delivered on the agreed date, this shall not entitle the lessor to any compensation, except for the refund by the lessor to the lessee of the amount paid for the reservation.
12.3. The lessor assumes no responsibility towards the lessee for the lessee’s car which is parked free of charge on the lessor’s premises during the rental period of the van.
12.4. The lessor shall be liable without limitation in case 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 center at the time the rental period begins shall apply.
13. Jurisdiction
In the event of disputes arising out of or in connection with the motorhome rental contract, it is agreed that the place of jurisdiction shall be the tax domicile of the rental company.