General terms & conditions

CONTRACTORS

For all bookings the contract partner of the booking participant is the
Salty Campers.
The respective offer forms part of this contract.

Salty Campers
Jenny Focke
Avenida de Burgos 1
39600 Muriedas
Spanien
info@saltycampers.com
Gerichtsstand Santander

Inhalt

1. Reservation
1. Reservations are binding only after written confirmation by the lessor.
2. Reservations without providing the mandatory down payment by the lessee are non-binding for the lessor.
3. If the lessee has not provided the agreed down payment on the rent and / or the deposit, the lessor may rescind the contract and claim compensation for the failure of the lessee in accordance with the amounts described in paragraph 2.
4. Each lessee is entitled to a free mileage allowance of:
→ 100 Km/ / per day less than a week's rental
→ 1000 Km/ 7 days
→ 1500 Km/ 14 days
→ 2000 Km/ 21 days
5. Kilometres in excess of the free allowance will be charged at 15 euro cents / km.

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2. Withdrawal and compensation
1. In case of cancellation or unauthorized termination of the contract, before the agreed rental period by the lessee, the following percentages of the rental price must be paid by the lessee:
   → 25% of the rental price, if the cancellation is made more than 28 days before the planned arrival date.
   → 50% of the rental price, if the cancellation is made more than 21 days before the planned arrival date.
   → 75% of the rental price, if the cancellation is made more than 10 days before the planned arrival date.
   → 100% of the rental price, if the cancellation is made less than 10 days before the planned arrival date.
2. If the lessee does not pick up the vehicle, the lessor is entitled to the full amount of the rental price.
3. In case the lessee returns the vehicle before the agreed date on the lease, the full agreed rental price has to be paid by the lessee.

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3. Validity of the contract
1. The rental contract is only valid once in writing between the lessee and the lessor.
2. Verbal agreements, without written confirmation by the lessor are non-binding and have no legal validity.
3. The lessor reserves the right to withdraw from the contract during the handover, if the lessee should be negligent or mishandle the rental vehicle.

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4. Payment conditions
1. When picking up the van, the lessee must hand in a valid credit card with sufficient credit. The credit card details and the amount of the deposit must be detailed in the rental contract.
2. The credit card must be issued in the lessee's name.

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5. Payment
1. The rental price is defined by the written offer of the lessor. By transferring the down payment the lessee agrees the prices and the general terms and conditions.
2. After receiving the written offer by the lessor, the lessee has a week to pay the down payment of 50% of the agreed rental price. Only after receiving the transfer of the down payment is the van is booked and the agreement becomes legally binding for the lessee.
3. Fees for excess of the maximum allowed free kilometres, damaged or lost inventory or any other damages to the vehicle that have been caused by the lessee will be charged at check-out.

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6. Van pick-up and return
1. The vehicle is provided by the lessor on the agreed date and time.
2. The lessor isn't liable for potential malfunctions of the van.
3. When the vehicle is handed over to the lessee, its current state will be described in the “Vehicle-Handover-Protocol” where all existing damages or defaults are documented.
4. The lessee is obliged to return the vehicle at the specified date and time. Refunds because of late pickup or early return are not granted.
5. The pick-up of the rental vehicle must take place between 12 am and 7 pm unless specifically agreed differently. For late pick-ups outside those hours, the lessor will charge a fee of 10€/hour. Latest possible pick-up time is 9 pm.
6. The return of the rental vehicle must take place at the agreed location (usually the location of the check-in) between 10 am and 11 am. Earlier check-outs, only with written confirmation, will be charged a fee of 10€/hour. Earliest possible check-out is 8 am. If a vehicle returned after 11 am the full price of one day's rent for the vehicle and any other booked service (insurance etc.) and extras will be charged.
7. The vehicle is handed over with a full tank and must also be returned by the lessee with a full tank.
8. The lessee is obligated to bring back the vehicle at the contractual agreed time and place. If the lessee does not bring back the vehicle by the contract end date and time, the lessor has the right to collect the vehicle and return it to the designated place at the expense of the lessee.
9. The lessee is obliged to return the vehicle brushed out. If this is not the case and the van is excessively dirty thereby requiring special cleaning, the lessee will owe the lessor compensation. It will be calculated depending on the condition, but a minimum special cleaning fee of 80€ will be charged.

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7. Insurance cover
1. The rental vehicles have a liability insurance with a total cover of 50.000.000€
2. Any damages to the rental vehicle, its standard equipment (as described in the “Vehicle-Handover-Protocol”) or paid-for extras (e.g. surfboard, wetsuit, etc.) that were caused by the lessee must be paid according to paragraph 14 of the terms & conditions.
3. The lessee has the option to purchase an additional protection package, which reduces the excess payable by the lessee. The elected protection package is only legally binding if it's recorded and written in the contract.
   → No protection package, therefore no reduction of the excess payable and a security deposit of 1000€.
   → The protection package “Extra” is available for 15€/day, with it the excess payable and security deposit will be reduced to 750€. This package includes a second driver over 21 years with a valid driver's license.
   → The protection package “Plus” is available for 20€/day, it reduces the excess payable and the security deposit to 500€. Included with the purchase of this package is a third driver over 21 years with a valid driver's license.
4. Any insurance cover only applies to persons who are recorded as drivers in the rental contract.
5. If the lessee chooses not to reduce his own risk with a protection package, he agrees on carrying full responsibility for any damages to the rental vehicle. By signing the contract, the lessee agrees that all costs of the damage caused to the rental vehicle will be deducted in full from his credit card.
6. Additional booked extras or equipment are not included in the complementary insurance.
7. In case of damages to the rental vehicle without a complementary insurance, which are caused by accident, theft, burglary, extreme weather conditions or any other circumstances, the lessee will be liable to pay any resultant costs in full. The total cost of any damages will be deducted from the lessee’s credit card. The maximum excess amount payable will be defined by the elected protection package.

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8. Smoking / animals
1. Pets and smoking are prohibited in the rental van.
2. In case of violation, the lessee is obliged to pay the cost of a professional cleaning fee of 150€.

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9. Permitted driver(s)
1. The lessee must be at least 18 and carry a valid driver's license.
2. The vehicle may only be driven by the lessee and the drivers specified in the rental contract. For every additional driver a fee of 5€/ day will be charged.
3. For drivers under 21 years old an additional fee of 5€/ day will be charged.
4. The rental vehicle may not be handed over to a third party without the written agreement of the lessor.

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10. Prohibited Uses
1. The lessee is prohibited to use the rental vehicle to participate in motor sport events and vehicle tests, to transport explosive, flammable, toxic, radioactive or other hazardous substances or to commit crimes of any sort.
2. It is prohibited to take the vehicle outside of the European Union.
3. Driving on trails or unpaved roads is strictly prohibited. In the event of non-compliance, no insurance is liable and a penalty of 150€ plus follow-up costs (possible damage and rescue costs) is due.
4. The subletting, loan or use for other commercial purposes and/or any uses not stated in the contract are strictly forbidden.

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11. General duty of care of the lessee
1. The lessee is responsible for the vehicle and is obliged to secure the vehicle (for example by parking in a secured parking) with regards to damage due as a result of vandalism, entry and/or theft,. This also applies in the case of extreme weather events (hail, strong winds, floods, fires).
2. The lessee is fully liable for any damages to the vehicle according to his booked protection package. Without any complementary insurance the lessee is entirely and limitlessly liable for any damages, which have occurred during the rental period.
3. During the complete rental period the lessee is obliged to use the rental vehicle and all installed features in a careful and orderly manner and operate it according to the manual. In addition, by signing the rental contract he agrees to treat the vehicle like an owner trying to protect the value of their van.

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12. Originated extra costs
1. Should small repairs become necessary during the rental period - and only by prior consultation and authorisation from the lessor - the lessee will be reimbursed incurred repair costs upon presentation of a legally valid invoice document. The lessor will organise a towing service or transport to the nearest workshop if required.
2. During the rental period any electric and/or water costs including the purchase of gas refills are the sole responsibility of the lessee.

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13. In the event of exceptional conditions and traffic accidents
1. If the accident includes a third party, the European Accident Report Form has to be filled-out properly and signed by all participants. The Report Form can be found in the glove compartment. The licence plates of the cars involved, insurance details and the names and addresses of the drivers and witnesses must be recorded.
2. In case of an accident, fire and any natural hazards (for example hail, storm) as well as break-in and theft, the lessee must inform the police and the lessor immediately to record the course of event.

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14. Technical defects
1. The lessee is fully liable for any kind of defects or damages as a result of wrong or irresponsible use of the vehicle.
2. In case a technical or mechanical defect appears during the rental period, which affects the basic function or roadworthiness of the rental vehicle, both parties have the right to end the rental agreement. This only applies if the lessor cannot repair the defect within 24 hours. The lessor has the right to supply the lessee with a similar replacement vehicle. In case a replacement vehicle is offered to the lessee within 24 hours after a defect, the lessee loses the right to end the rental contract earlier than that agreed upon.
3. In case of additional costs for the lessee that are directly caused by a defect of the rental vehicle e.g. costs for hotel, the lessor will only reimburse the lessee if these costs are agreed upon beforehand.
4. If during the rental period an unexpected repair of the vehicle should become necessary, the lessor will provide alternative accommodation. As such, there will be no further compensation or reduction of rental costs from the lessor. If the lessee should reject the alternative accommodation offered, the lessee is responsive for all their consequential costs.

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15. Fees and fines
1. The lessee is fully liable for all costs incurred in connection with road tolls, fees, fines, penalties and charges during his rental period. The lessor reserves the right to re-charge the lessee any costs subsequently received..
16. Optical and technical changes
1. The lessee is not authorized to change the looks of the car, in particular by sprays, paints, pen writings, stickers, adhesive films or vandalism of any kind. The lessee will be liable for any and all costs caused by any such modifications carried out during their rental in order to bring the vehicle back to its original state.
2. Außerdem dürfen an dem Fahrzeug keine technischen Veränderungen vorgenommen werden.
3. The lessee may not make any technical changes to the vehicle.

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17. Liability of the lessor
1. In the case of a performance default or negligence which influences the performance, the lessor has only limited liability, maximum damages being the sum of the agreed net rent.
2. In case the lessor cannot provide the reserved vehicle, he has the right to offer the lessee a similar or equivalent replacement vehicle. If the procurement of a replacement vehicle is not possible, the lessor may terminate the contract and will return the received rental payment.
3. The lessor is not liable for objects left behind in the vehicle.
4. The lessor is not liable for direct or indirect damages to the lessee, driver or passenger.

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18. Liability of the lessee
1. In case of an accident, the lessee has full liability concerning the costs of the damage as well as cancellation of contract expenses, if he is (co-) responsible for the occurrence of the accident.
2. The lessee is responsible for the timely return of the vehicle and its condition according to the rental contract.
3. The lessee (or driver) has full liability for damages caused by intent or gross negligence or if the damage was caused by alcohol or drug-related driving or if the lessee fails to, as described in Clause 13, inform the police and/or the lessor after an accident, theft or loss of the vehicle or after any other damages caused by e.g. fire, extreme weather or any other cause of damage or if he doesn't own a valid driver's license.
4. The lessee is held fully responsible and liable in case of loss or theft of the vehicle. No protection package covers these events and therefore the total required amount to compensate the damage will be invoiced to the lessee.
5. If the lessee commits a hit-and-run crime or if he violates his duties described in these terms and conditions or if he hands over the vehicle to an unauthorized third party he is also fully liable.
6. During the check-in the lessee is obliged to give his credit card details and acknowledges, that when signing the rental contract, he gives permission to the lessor to charge this credit card with any costs stated in these terms and conditions.
7. Salty Campers will have 7 days from the date of the check-out to assess the status of the vehicle and make a report. In the event that failures or bumps originated by the lessee are detected at that time, they maybe claimed from the customer within a maximum of one week from the date of delivery of the rental vehicle.

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19. Jurisdiction, choice of law
1. Both parties agree on the validity of Spanish law for their mutual legal relations arising from this contract.
2. Usually the responsible court is where the lessor has his general jurisdiction.