Explore Rent - General conditions

Explore-Rent General Rental Terms and Conditions.

SCOPE, CONTENT OF THE AGREEMENT, APPLICABLE LAW

1.1 The following Explore-Rent General Rental Terms and Conditions are exclusively applicable. Any conditions of the renter that contradict or deviate from the General Commercial Terms and Conditions of the rental company will not be accepted. The latter will apply even if the rental company hires the motorhome out to the renter without reservation, with knowledge of the renter’s deviating conditions.

1.2 The sole purpose of the agreement with the rental company is the hiring out of the motorhome. The rental company is under no obligation to provide travel services, and in particular no package of travel services.

1.3 In the event of a booking, a rental agreement will be entered into between the rental company and the renter which is solely subject to Spanish law. The renter will organise their own journey and use the vehicle under their own responsibility. The rental agreement will be limited to the agreed term. The tacit extension of the rental agreement for an indeterminate period due to continued use is excluded.

1.4 All agreements entered into between the rental company and the renter will be in writing.

MINIMUM AGE, AUTHORISED DRIVERS

2.1 The renter and each of the drivers must be at least 25 years old. They must also hold a category B driving licence that is at least two years old or the equivalent licence from their country. If they are not an EU resident, they must hold an international driving permit. The handover of the motorhome requires the renter and/or driver(s) to present their driving licence and a valid passport/national ID document. If the handover is delayed due to a failure to present these documents, the renter will be solely responsible for that delay. If the aforesaid documentation cannot be presented at the agreed time to complete the handover, or within a reasonable period of time, the rental company is entitled to cancel the agreement. The cancellation provisions set forth in section 4.2 will apply. The rental company or official authorities may demand that they present their international driving permit (in the case of customers who are not EU residents).

2.2 Note that some of the rental company’s vehicles have a total weight greater than 3.5 tons and an appropriate driving licence is required to drive these vehicles. For greater certainty, holders of a category B driving licence must consult the rental company about the maximum authorised mass of the vehicle being leased by the renter.

2.3 If, at the handover of the leased motorhome, they do not have the driving licence required for the leased vehicle, the motorhome will be regarded as not having been collected; in such an event, the pertinent cancellation provisions will be applied (see section 4.2).

2.4 The vehicle may only be driven by the renter and any additional drivers registered in the rental station.

RENTAL PRICES, CALCULATION AND RENTAL PERIOD

3.1 The rental prices are stated on the rental company’s price list in force at the time of entering into the agreement. The minimum rental periods established during given times of the year are also stated on the rental company’s price list in force at the time of signing the agreement. The prices applicable are those specified on the price list for the relevant season, according to the number of rental days reserved. A fixed, one-off service charge will be payable for each rental. This amount can also be seen on the rental company’s price list that is in force when signing the agreement.

3.2 The rental prices for optional extras are stated on the rental company’s price list at the time of entering into the agreement.

3.3 The minimum rental period is three days.

3.4 The relevant rental prices include: VAT, unlimited mileage for rentals greater than three days, comprehensive insurance according to the corresponding insurance coverage (see section 11 below), mobility warranty of the chassis/cabin manufacturer.

3.5 The rental period starts when the renter collects the motorhome at the hire centre and ends when the vehicle is collected by the hire centre’s employees.

3.6 If the motorhome is returned after the time agreed in writing, the rental company will charge €20 for each hour of delay (however, the maximum charge for each day late will be equal to a full day price). Any costs incurred as a result of a subsequent renter or other person making claims against the rental company due to the vehicle being supplied late will be borne by the renter.

3.7 If the vehicle is returned before the end of the agreed rental period, the full contractually agreed rental price must still be paid.

3.8 The motorhome will be supplied with a full tank and must be returned in the same condition. Otherwise, the customer will be charged a refuelling fee of €20 and a price of €2.20 for each litre of missing fuel. The renter will bear any fuel and running costs during the rental period.

3.9 To return the vehicle to a centre other than that in which it was collected, a special agreement will be required with the rental company, in addition to payment of the corresponding amount for this service, which will be agreed upon when the motorhome is collected.

RESERVATIONS

4.1. Reservations are only binding after they have been confirmed by the rental company, as described in section 4.2. The hire centre reserves the right to replace the reserved vehicle on the day of the handover with another of the same category and/or seats or with another of similar characteristics.

4.2. When the rental company has provided written confirmation of the booking, a deposit of 30% of the rental charge – at least €250 – must be paid within the time specified in the binding offer, within a maximum of seven days. The reservation will then become binding for both parties. If the renter fails to meet this deadline, the booking will cease to be binding for the rental company. If the customer cancels the binding booking, they must pay the following cancellation fees, calculated from the date of the initial confirmed booking:

If the customer cancels the binding booking, they must pay the following cancellation fees, calculated from the date of the initial confirmed booking:

A cancellation fee of €250 will be charged up to 50 days prior to the start of the rental.
30% of the rental price between 49 and 30 days prior to the start of the rental.
80% of the rental price between 29 and 8 days prior to the start of the rental.
100% of the rental price if there are fewer than 7 days until the start of the rental or if the vehicle is not collected at the reserved time and date.

4.3 Changes to the reservation
Changes may be made to the booking no later than (15 days before the rental period), provided that the date is available and at the current price for the season in question. If there is no date for the new booking, the deposit will be retained for up to 6 months to make a new reservation.

TERMS OF PAYMENT, SECURITY DEPOSIT

5.1 The rental price established according to the booking dates must be paid into the account that the rental company provides to the renter, no later than 40 days prior to the start of the rental period.

5.2 When the vehicle is collected, the renter must pay the sum of €800 with a credit card as a security deposit and to guarantee strict fulfilment of the terms of this agreement. (Mastercard or Visa).

5.3 In the case of short-notice bookings (fewer than 14 days prior to the rental date), the full rental charge must be paid.

5.4 The security deposit will be returned after the vehicle has been examined by someone from the rental company. If there is any damage from misuse, they will set the amount that the customer has to repay. This amount will be deducted from the security deposit that was paid, with the renter agreeing to pay any shortfalls if the cost of the damage is greater than the amount of the security deposit. If it is not possible to assess the damage immediately, the rental company will have 40 days to make the settlement and return the security deposit if appropriate, or claim the difference between the deposit and the cost of the damage. In the event of an accident, the security deposit will also be deducted from the excess amount for the comprehensive insurance.
If part of the rental amount paid in advance has to be reimbursed to the renter, that amount will be returned together with the security deposit.

5.5 The renter expressly agrees to pay the rental company:

When returning the vehicle, the mileage charge for three-day rentals, calculated at the current rate, and/or any additional charges that arise from the application of the General Rental Terms and Conditions (maximum 1200 km per rental, €0.30 per extra kilometre).
Any surcharges due to the vehicle being left in another place or city without the rental company’s authorisation.
The sum of all fines, court and out-of-court costs resulting from a traffic or any other violation, imposed in relation to the vehicle, arising during the term of this rental agreement and which are not the fault of the rental company.
In the event that the vehicle is retained or seized owing to the renter, the latter will bear all costs, including any loss of earnings on the rental company’s part for as long as the vehicle is immobilised.
Any costs incurred by the rental company (including lawyer and court representative fees) when claiming any amounts owed by the renter by virtue of this agreement.
The vehicle has a comprehensive insurance policy with an excess (it does not cover the personal belongings of the renter or fellow passengers, or interior damage). In the event of an accident or theft, the renter will be liable for €800 per claim.

5.6 If the renter falls behind with payments, late interest will be charged pursuant to the current legal provisions.

HANDOVER AND RETURN OF THE VEHICLE

6.1. Before starting their journey, the renter must follow any instructions given to them by the rental company’s technical staff at the point of delivery, where there will be a report on the condition of the vehicle that must be signed by both parties. The rental company may refuse to hand over the vehicle until the vehicle inspection has been completed.

6.2. On returning the vehicle, the renter must perform a final inspection of the motorhome together with the employees at the hire centre. A return form will be prepared, which must be signed by the rental company and the renter. The rental company has 48 hours to find any damage that was not visible on receiving the vehicle (before returning the excess payment) and must inform the renter about it within that time. The cost of any damage that does not appear in the handover report but is detected and/or found in the subsequent inspection in the repair shop will be borne by the renter. A failure to sign the return form will not exempt the renter from liability.

6.3 Vehicles are generally handed over from 4pm-6pm, Monday to Friday, and returned from 9am-11am, Monday to Friday. The times that appear in the rental agreement will be considered binding. A vehicle may be collected and returned out of hours on request, with an additional charge. The days on which the vehicle is collected and returned will be charged together as a single day, provided that in total there are fewer than 24 hours or, if more, this is for reasons attributable to the rental company.

6.4 Unauthorised delays in returning the vehicle will be subject to a daily penalty equal to three times the daily cost applied in the agreement. Any substantiated force majeure event that prevents it from being returned on the agreed date must be reported to the rental company for the approval of the latter; otherwise it will be deemed to be an unauthorised delay.

6.5 If the renter wishes to extend the rental period, they must submit a request to the rental company at least three days before the end of the agreement. Possible confirmation of the extension will depend on the vehicles available to the rental company at that time. Consequently, the latter makes no prior commitment.

6.6 Any change to the rental dates requires the prior authorisation of the rental company. Non-fulfilment of this condition entitles the rental company to take possession of the vehicle or demand its return through the courts. The rental company reserves the right to secure the return of the vehicle at any time during the term of this agreement if it is used in a way that violates the terms hereof.

6.7 When the vehicle is returned at the end of the rental period, if the renter is not present at the inspection for reasons attributable to them, if they post the keys through the letterbox or are not available, and damage is detected on the vehicle, the renter accepts the appraisal of the damage resulting from the inspection performed by the rental company’s staff.

6.8 The vehicle must be clean inside when it is returned, with the wastewater and toilet tanks empty. Otherwise, the following rates will be charged:

- Interior cleaning €100.
- Emptying of toilet tank €100.
- Emptying of wastewater tank €100.

PROHIBITED USES, DUTIES OF CARE

7.1 The renter acknowledges that they have received the vehicle in perfect mechanical working order, provided with the necessary documents and suitable tools, tyres and accessories, and they agree to keep it in a good condition. They also agree to abide by the obligations and restrictions outlined in the current Highway Code at all times and they agree:

- - 1. Not to allow anyone other than themselves or expressly authorised persons to drive it.
    2. To refrain from transporting any passengers other than those specified in the vehicle’s documentation.
    3. To refrain from subleasing or transporting people for commercial purposes and any other use not included in the agreement.
    4. To refrain from transporting any types of goods, drugs or toxic or flammable products.
    5. To refrain from allowing it to be used by third parties, free of charge or for profit, and to refrain from aiding criminals.
    6. To refrain from committing criminal offences, even if they are only punishable according to the law applicable in the place where they are committed.
    7. To refrain from driving the vehicle if they are physically impaired due to alcohol, drugs, tiredness or illness.
    8. To refrain from driving off-road or on any unsuitable terrain, or using the vehicle to take part in sporting events, endurance events or races or anything similar that could damage it.
    9. To refrain from using it to push or tow other vehicles or trailers.
    10. To refrain from tampering with the odometer or breaking its seal; any fault affecting it must be reported to the rental company immediately.
    11. The renter is only authorised to drive the leased vehicle to the following countries: Germany, Andorra, Austria, Belgium, Croatia, Czech Rep., Cyprus, Denmark, Estonia, Slovak Rep., Slovenia, Spain, Finland, France, Great Britain, Greece, the Netherlands, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland, Monaco, San Marino and Liechtenstein. Check with us before travelling to any country that is not on the list.
    12. It is expressly forbidden to travel to any country that is at war or engaged in a military conflict.
    13. To have the vehicle suitably parked in a secure place when it is not in use and to protect it against damage from frost, hailstones or any other atmospheric phenomenon that is likely to do significant damage to it.
    14. It is strictly forbidden for the renter to make any technical modifications to the vehicle or the vehicle’s keys, locks, equipment, tools and/or accessories, or to make any changes to its exterior and/or interior appearance, without the express written authorisation of the rental company. In the event of a breach of this clause, the renter will bear all costs incurred from returning the vehicle to its original state; they must also pay compensation for the vehicle being out of service until it is fully repaired.

7.2 The vehicle must be cared for and treated properly, and duly locked. The renter must comply with all technical standards and applicable provisions for use. The condition of the vehicle must be monitored, especially its water level, oil level and tyre pressures. The renter agrees to regularly check if the rental motorhome is in a suitable condition to be driven safely.

7.3 It is forbidden to smoke in all vehicles. Pets may be taken, provided that the rental company has given its express permission to do so. The €100 cleaning costs that arise from any breach will be payable by the renter. Furthermore, the latter must bear any costs that arise from ventilation or removing the smell of tobacco smoke, including any losses incurred due to not being able to lease out the vehicle for a period for this reason.

7.4 If it is found that any of the provisions of sections 7.1, 7.2 and 7.3 have been breached, the rental company may immediately terminate the rental agreement.

7.5 If the renter loses the keys, they will be charged €250 to replace them.

HOW TO ACT IN THE EVENT OF AN ACCIDENT

8.1 In the event of an accident, robbery, theft, fire or damage caused by game animals, the renter must immediately inform the police and the rental company by calling the hire centre’s telephone number (the number appears in the rental agreement), no later than the business day following the day of the accident, and send photographs of the damage caused to the vehicle and to third parties, if any. Counterclaims will not be accepted.

8.2 Fault for the incident will never be recognised or assumed unless stated in the “Declaración Amistosa de Accidentes” (accident statement signed by both parties). The renter must obtain the details of the other party and the witnesses, which they will send to the rental company in the specified time, together with the details of the accident. Inform the authorities about the accident immediately if the other party is at fault. The accident report must be duly COMPLETED AND SIGNED when it is submitted, when the vehicle is returned to the rental company at the very latest. The document must include the names and addresses of everyone involved, the details of their driving licences, information about the other party with the name of their insurance company and their policy number, the details of any witnesses and the registration numbers of the vehicles involved.

8.3 In the event of the theft or robbery of the vehicle, report this to the relevant authority immediately and inform the rental company and send it a copy of the report, together with the keys of the vehicle, within 24 hours; otherwise the insurance and cover taken out will be rendered invalid.

8.4 Even for damage not involving any other party, regardless of its severity, the renter must write a detailed report for the rental company, together with an outline. If the renter fails to write the report – whatever the reason – thus preventing the insurance company from paying for the damage, the renter will be obliged to pay the corresponding amount in full.

8.5 Do not abandon the vehicle without taking appropriate steps to protect and safeguard it. If necessary, contact the roadside assistance company providing cover together with the insurer.

8.6 If the renter fails to take any of the above steps, when applicable, the rental company may file a claim against the renter for losses and damages caused by the latter’s negligence, including loss of earnings for the rental company for as long as the vehicle is out of service.

8.7 From the moment that the claim is reported, the rental company has the right to tell the renter to return the vehicle to the rental company’s premises or a repair shop of its choice.

DEFECTS IN THE MOTORHOME

9.1 The renter is not entitled to any compensation for losses and damages for defects that are not attributable to the rental company.

9.2 On returning the vehicle, the renter must inform the rental company in writing of any defects that they have been found in the motorhome or its equipment after the start of the rental period. Claims for losses and damages based on defects that are reported subsequently are excluded, unless such claims are for damage that is not evident.

REPAIRS, REPLACEMENT VEHICLE

10.1 Normal mechanical wear and tear of the vehicle is the responsibility of the rental company. When the length of the journey or the condition of the roads so advise, all necessary maintenance work must be performed in a service centre approved by the manufacturer of the chassis/engine.

10.2 Stop the vehicle as soon as possible when any warning light comes on that indicates a malfunction in the vehicle. You must contact the rental company or the insurance company with whom the rental company has a policy and no other. You must only go to a service centre approved by the manufacturer of the chassis/engine, unless you have express authorisation from the rental company to do otherwise.

10.3 The renter may order any repairs required to ensure safe operation and the roadworthiness of the vehicle during the rental period, if they cost no more than €150. It will only be necessary to have the rental company’s approval for this. The latter will bear the costs of the repair on receipt of the original receipts and the parts that were replaced, provided that the renter is not liable for the damage pursuant to section 11. This provision does not apply to tyre damage.

10.4 If a repair of this kind is necessary due to damage attributable to the rental company and the renter fails to rectify it, the latter must notify the rental company of the defect in question immediately and allow a reasonable period of time for repair. The rental company accepts no responsibility for the specific conditions in each country (e.g. infrastructure) that lead to a delay in carrying out the repair.

10.5 In the event of any fault affecting the elements of the passenger compartment, the renter must report it to the rental company immediately, which will provide appropriate instructions for its repair.

10.6 If, for reasons attributable to the renter, the motorhome suffers serious damage, or it is anticipated that the vehicle will be unusable for a long period of time, or it has to be taken off the road, the renter will not be entitled to a replacement vehicle or to be refunded all or part of the amount paid under this agreement.

RENTER’S LIABILITY, COMPREHENSIVE INSURANCE

11.1 In accordance with the terms of the comprehensive insurance, in the event of comprehensive damage, the rental company will hold the renter harmless from liability for any material damage, with the renter required to pay an excess of €800 per claim.

11.2 The renter will not, under any circumstances, be exempt from civil, administrative, criminal or any other liability resulting from an accident or negligence.

11.3 The exclusion from liability set forth in section 11.1 will not be applicable if the renter fails to comply with any of the stipulations that appear in all points of section 8.

11.4 The exclusion from liability set forth in section 11.1 will not apply if the renter has caused damage intentionally or through negligence.

11.5 Furthermore, the renter will be liable in the following cases in the event of wilful misconduct:

- - 1. If the renter fails to comply with the current traffic regulations and highway code in the country in which they are driving.
    2. If the damage is due to reckless driving caused by the effects of drugs or alcohol.
    3. If the renter or the person who the renter has allowed to drive the vehicle flees the scene of an accident.
    4. If the renter fails to fulfil the obligation established in section 8 and does not notify the police of an accident, unless this breach is no impediment to establishing the cause and scale of the damage.
    5. If the renter breaches any other obligations of section 8, unless this breach is no impediment to establishing the cause and scale of the damage.
    6. If the damage is due to a prohibited use stipulated in section 7.1.
    7. If the damage is due to an infringement of the obligation established in section 7.2.
    8. If the damage is caused by an unauthorised driver who the renter has allowed to use the vehicle.
    9. If the damage is caused by failing to take the vehicle’s dimensions (height, width, length) into account.
    10. If the damage is due to an infringement of the regulations on additional loads.

11.6 The renter will be liable for all fees, charges, fines and penalties relating to the use of the vehicle that are imposed on the rental company, unless they are incurred for reasons attributable to the latter.

11.7 If there are other renters, they will be jointly and severally liable.

RENTAL COMPANY’S LIABILITY, STATUTE OF LIMITATIONS

12.1 The rental company provides the vehicle in a perfect condition, having performed all of the checks and maintenance necessary to ensure its proper operation. It will not be liable for any mechanical faults or failures due to normal tear and wear, nor is it liable for any costs, delays or damages of any kind that occur, directly or indirectly, as a result of such faults or failures.

12.2 If, due to force majeure, an act of God or for reasons outside the rental company’s control, it is not possible to provide the vehicle on the agreed date, this will not give rise to a right to compensation, apart from the rental company returning the amount paid by the renter to reserve the vehicle.

12.3 The rental company will not be liable to the renter for the renter’s car when it is parked, free of charge, on the rental company’s premises for the duration of the motorhome rental period.

12.4 The rental company will have unlimited liability in the event of wilful misconduct and gross negligence. In the event of slight negligence, the rental company will only have limited liability for foreseeable damage stipulated in the agreement, to the extent that there has been a breach of an obligation whose fulfilment is of special importance to fulfil the purpose of the agreement (cardinal obligation). This degree of liability is also applicable to cases where obstacles to service delivery arise after executing the agreement.

12.5 The General Commercial Terms and Conditions displayed in the hire centre at the start of the rental period will be applicable.

JURISDICTION

In the event of any litigation arising from or related to the motorhome rental agreement, it is hereby agreed that it will be subject to the jurisdiction in the location of the respective hire centre.

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