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Terms and Conditions

TERMS AND CONDITIONS OF RENTING MOTORHOMES AND TRAVEL TRAILERS

  1. RECITALS
    1. These Terms and Conditions form an integral part of the Vehicle Rental Agreement (hereinafter the “Agreement”), which is entered into according to Real Decreto of 24th Jully 1889 in virtue of which the Spanish Civil Code is published, by and between CAMPIRI ESPAÑA SL a company with its registered office at Carril de Cruzcampo nº 74-76. 29004 Málaga, CIF nº B72507270 (hereinafter the “Lessor”) and you, as the lessee specified in the Agreement (hereinafter the “Lessee”). Based on the Agreement, a motorhome or travel trailer specified in the Agreement (hereinafter the “Vehicle”) is provided to the Lessee for temporary use, and the Lessee agrees to pay the Rent specified in this Agreement for the use of the Vehicle. The Lessee is obliged to notify the Lessor without delay of any change in personal data, such as a change of registered office or residence, and other changes that could jeopardise the performance of the Lessor’s obligations.
    2. Please note that cancellation fees and fines (penalties) may be charged to the Lessee under these Terms and Conditions. However, they may be charged to the Lessee only in selected cases related to the Lessee’s breach of these Terms and Conditions or the Agreement. The specific wording of the provisions stipulating the Lessee’s obligation to pay cancellation fees and contractual penalties are set out in Article 9 of these Terms and Conditions and are highlighted in bold.
  2. DEFINITIONS
    1. In these Terms and Conditions, you will find capitalised terms which have the respective meanings set out in the following definitions:
      1. Rental Period means the period of Rental of the Vehicle; the beginning and end of the Rental Period are determined by day and hour and are fixed in the Agreement. The Rental Period may be extended, on the basis of a written request, not later than 24 hours before the expiry of the original Rental Period. If the Lessor fails to confirm the Lessee’s request for an extension of the Rental Period in writing, the Agreement is deemed not to be extended.
      2. Security Deposit means a pecuniary security deposit in the amount of € 1.000, unless specified otherwise, for each Vehicle that is a motorhome, and € 1.000 for each Vehicle that is a travel trailer, which the Lessee is obliged to provide when taking over the Vehicle to cover any damages caused by the Lessee during the use of the Vehicle, and further as security for the fulfilment of other claims of the Lessor against the Lessee as described below, in cash or by credit card upon handover of the Vehicle, unless the Parties agree otherwise.
      3. Mileage Limit means the set number of kilometres per day, where the Limit is determined as an aggregate for the whole Rental Period for the Vehicle. The Limit is 300 km per day and then € 0,25 + VAT for every 1 km over the Mileage Limit.
      4. Lessee means a natural or legal person that has entered into an Agreement with the Lessor.
      5. Agreement (Rental Agreement) means an agreement between the Lessor and the Lessee establishing the Rental of a Vehicle; the Agreement is concluded upon handover of the Vehicle on the first day of the Rental Period. The Agreement is always concluded for a fixed term and terminates normally upon expiry of the agreed Rental Period
      6. Rent means the price set out in the Agreement, which the Lessee agrees to pay to the Lessor for the Rental of the Vehicle on the basis of the Agreement and in the manner specified in the Agreement (as a rule, the Rent is paid in advance, e.g. when the Vehicle is booked at www.campiri.com in the form of a reservation deposit). Rent means the total price for the rental of the Vehicle, the services provided and the rented accessories. The Rent does not include contractual penalties.
      7. Rental means a legal relationship between the Lessor and the Lessee within which the Lessor is obliged to provide the Vehicle to the Lessee for temporary use and the Lessee is obliged to pay the Rent to the Lessor for the provision of the Vehicle.
      8. Person Authorised to Drive the Vehicle Vehicle means the Lessee if the Lessee is a natural person and any other person specified by the Lessee in the Agreement as such.
      9. Terms and Conditions mean these Lessor’s Terms and Conditions.
      10. Lessor means CAMPIRI ESPAÑA SL SL a company with its registered office at Carril de Cruzcampo nº78. 29004 Málaga, CIF nº B72507270, which provides, inter alia, services consisting in the rental of motorhomes and travel trailers.
      11. Establishment means the Lessor’s establishment at Polígono Industrial Villa Rosa, Carril Cruzcampo 74-76, 29004 Málaga; the opening hours of the Establishment are from 9 a.m. to 6 p.m.
      12. Handover and Takeover RecordRecord means a handover record where the Lessor and the Lessee write down, at the time of handover and return of the Vehicle, information on the inspection of the Vehicle’s condition, any defects, damage or other non-compliance of the Vehicle with the Agreement they found, as well as the services and accessories included in the Rent.
      13. Vehicle means a motorhome or travel trailer intended for temporary accommodation, rented by the Lessor to the Lessee.
      14. Force Majeure it objectively (through no fault of a Party) prevents any of the Parties from performing any of its obligations under the Agreement or these Terms and Conditions (there is a causal link between the impossibility to perform the obligation and such an event);
        i.impide objetivamente (sin culpa de ninguna de las Partes) que cualquiera de las Partes cumpla con alguna de sus obligaciones en virtud del Contrato o de las presentes Condiciones Generales (existe un vínculo causal entre la imposibilidad de cumplir con la obligación y tal suceso);
        ii.the relevant Party could not have known or anticipated this event even with professional care prior to execution of the Agreement;
        iii.it is beyond control of the Parties and neither of the Parties could have prevented it.

        Events of Force Majeure include, without limitation, natural disasters (including, but not limited to, fires, explosions, earthquakes, tidal waves, floods, epidemics); war, armed conflict (whether or not war has been declared), invasion, act of a hostile state, mobilisation, seizure of property or embargo; insurrection, revolution or military or armed or violent seizure of power, or civil war; riots, commotions or acts or threats of terrorism.
      15. Equipment means, without limitation, the equipment of a Vehicle comprising a clean water system, including its filling, and waste water system, including its draining, heating and cooling, non-potable water heating, PB bottle system and its connection to the cooker and fridge, and chemical toilet.
  3. PERSONS AUTHORISED TO DRIVE THE VEHICLE
    1. The Lessee may not provide the Vehicle to third parties, except for Persons Authorised to Drive the Vehicle. As at the date of execution of the Agreement, a Person Authorised to Drive the Vehicle must be 21 years of age and hold a Group B driving licence for a minimum of 3 years, and at the same time, meet the conditions for driving the Vehicle on roads at places where the Lessee is authorised to use the Vehicle.
    2. Upon execution of the Agreement, the Lessor may request from the Lessee documents indicating that the given person is indeed the Lessee and has a valid driving licence, or that he/she meets the conditions for driving the Vehicle on roads at places where the Lessee is authorised to use the Vehicle; the preceding sentence also applies to Persons Authorised to Drive the Vehicle. If some other person is acting on behalf of the Lessee, this person has to document to the Lessor his/her authorisation to act on behalf of the Lessee.
    3. The Lessee may not drive the vehicle after consuming alcohol, narcotic and psychotropic substances, drugs or substances that may affect perception and reaction ability.
  4. SECURITY DEPOSIT
    1. The Lessor may set off against the Security Deposit any and all of its claims against the Lessee following from these Terms and Conditions, the Agreement, as well as other contracts and agreements between the Lessor and the Lessee. Furthermore, the Lessor may set off against the Security Deposit the price for the rental of the Vehicle upon extension of the rental, compensation for any damage to the Vehicle arising during the time of its use by the Lessee, the cost of refuelling, as well as contractual penalties. By signing the Agreement, the Lessee agrees that the Rent, including the price of insurance coverage, the cost of refuelling and servicing after the return of the Vehicle, compensation for any damage to the Vehicle, deductibles in case of any damage to the Vehicle and any other fees related to the Rental of the Vehicle, its towing and parking, as well as costs arising in connection with any traffic infraction, may be set off against the Security Deposit.
    2. The Parties agree that the Lessee does not have the right to interest on the Security Deposit and any and all interest on this amount accrues to the Lessor.
    3. The Lessor shall refund the Security Deposit or its unused part to the Lessee without undue delay in cash, or within 14 days by wire transfer to the Lessee’s bank account, after the Lessee hands the Vehicle over to the Lessor upon termination of the Rental in accordance with these Terms and Conditions, performs all his/her obligations in connection with the termination of the Rental and pays to the Lessor all his/her debts under these Terms and Conditions and the Agreement. To avoid any doubt, the Lessor shall not refund the Security Deposit to the Lessee before all of the Lessor’s costs, including damages caused by the Lessee, have been calculated and covered from the Security Deposit.
    4. In case of an insured event, the Security Deposit shall be refunded to the Lessee only after the insurance company has closed the insured event. The Lessor decides which loss event affecting the Vehicle is an insured event.
  5. HANDOVER AND TAKEOVER OF THE VEHICLE
    1. The Lessor agrees to hand the Vehicle over to the Lessee or a person authorised by the Lessee in a condition corresponding to the description of the Vehicle and fit for road traffic in accordance with the applicable legal regulations, washed, cleaned and tidy, including the mandatory equipment and necessary documents and everything required for the proper use of the Vehicle in the Spanish Kingdom. The specific accessories that the Lessor hands over to the Lessee together with the Vehicle shall be specified in the Handover Record. The Lessor shall hand the Vehicle over to the Lessee at the time of commencement of the Rental Period pursuant to the Agreement, at the place agreed by the Parties in the Agreement, or else at the Establishment. The price for delivery and removal of the Vehicle for the purposes of its takeover by the Lessee outside the Establishment is always subject to the Lessor’s individual quotation. Handover and takeover of the Vehicle outside the opening hours of the Establishment is only possible based on prior agreement and for a flat fee of € 40 incl. VAT. The Vehicle shall be handed over to the Lessee in the opening hours of the Establishment unless the Parties agree otherwise.
    2. The Lessee or a person authorised by the Lessee shall appear for handover of the Vehicle at the place and time specified in the Agreement, in a condition fit for driving the Vehicle in accordance with the applicable legal regulations. If the Lessee’s ability to drive is impaired due to a sudden injury or illness, the Vehicle can only be handed over if a Person Authorised to Drive the Vehicle identified by the Lessee to the Lessor in advance is fit to drive.
    3. Upon handover of the Vehicle, the Lessee or a person authorised by the Lessee has to prove their identity to the Lessor by presenting a proof of identity and a valid licence to drive the Vehicle.
    4. Upon handover of the Vehicle, the Lessee and the Lessor shall inspect the condition of the Vehicle, identify any defects and damages found, and compare them with any previously existing damage to the Vehicle according to the Vehicle’s damages card. If they find any additional damage or defects not listed in the Vehicle’s damages card, the Lessor has to mark this new damage to the Vehicle in the Agreement or in the Handover Record. No later claims shall be taken into account. The Lessee is liable for any damage to the Vehicle not specified in the damages card, in the Handover Record or in the Agreement. The Lessor shall further, during the handover of the Vehicle, advise the Lessee of the location of the individual pieces of Equipment, and explain their function and method of use. The Parties shall draw up a Handover Record concerning the handover of the Vehicle; by signing the Handover Record, the Lessee confirms that the Lessee has been acquainted with the condition of the Vehicle and with all the information necessary for the proper use of the Vehicle and the Equipment, as well as for their proper maintenance.
  6. RETURN OF THE VEHICLE
    1. The Lessee is obliged to return the Vehicle to the Lessor before the expiry of the Rental Period, at the time and place agreed by the Parties, or else at the Establishment during the Establishment’s opening hours on the day when the Rental Period ends; the Vehicle may be returned outside the Establishment’s opening hours only based on prior agreement and for a flat fee of € 40 incl. VAT.
    2. The Lessee is obliged to return the Vehicle to the Lessor with all the Equipment and accessories set out in the Handover Record and in the condition in which the Vehicle (together with the Equipment and accessories) was taken over by the Lessee, while taking into account usual wear and tear. The Lessee is obliged to return the Vehicle
      - clean and tidy, including cleaning of all the Equipment provided;
      - with an empty waste water tank, and an emptied and clean toilet;
      - completely refuelled with the fuel type specified in the Agreement.
    3. The condition of, any damages to and cleanliness of the Vehicle will be checked during the return of the Vehicle by the Lessee to the Lessor; a Takeover Record shall be drawn up in this regard. Should the Lessee refuse to sign the Takeover Record, this shall not release the Lessee from liability for any and all damage found; the Lessee is obliged to compensate the Lessor for any new damage to the Vehicle without delay. Furthermore, the Lessor is also entitled to compensation for any and all hidden damage to the Vehicle (engine damage, chassis damage, wrong fuel in the tank) caused by the Lessee that could not be detected during the inspection of the Vehicle’s condition, i.e. even damage that was not mentioned in the Agreement or the Takeover Record when the Lessee returned the Vehicle.
  7. LESSOR’S OBLIGATIONS
    1. The Lessor is liable to the Lessee or third parties only for losses and damages incurred by them in direct connection with the rental of the Vehicle or its use, caused through the Lessor’s fault. The Lessor is not liable for damage or lost profits on the part of the Lessee or other persons in relation to any inability to use the Vehicle, whether temporarily or permanently.
    2. In case of technical problems, damage to the Vehicle or other facts preventing its further use by the Lessee (theft, total loss), recalls by the Vehicle’s manufacturer or Force Majeure, the Lessor reserves the right to provide the Lessee with a replacement vehicle corresponding to the parameters of the original Vehicle in terms of the number of passengers and beds, and driving licence. The choice of the type of the replacement Vehicle is up to the Lessor.
    3. During the term of the Agreement, the Lessor is obliged to provide the Lessee, at the Lessee’s request, with support consisting in instructions to ensure repair of the Vehicle in case of its breakdown or damage, as well as in case of a traffic accident, and to equip the vehicle with gas bombs and toilet chemicals in the quantity agreed in the Agreement.
    4. The Lessor has taken out collision insurance for the Vehicle covering any insured event involving the Vehicle due to an accident, natural disaster, animal collision, theft of the Vehicle or its part with the usual exclusions; if a third party causes damage to the Vehicle during the Rental Period, the Lessor shall not claim indemnity from its insurance company under the collision insurance if the damage will be fully compensated by the third party’s insurance company within a reasonable time after the occurrence of the insured event
    5. In the event of a breach of the contract attributable to the Lessor, all of the legal consequences of any breach of any contractual obligations under this contract, will be applied in accordance with the art. 1101 of the Real Decreto of 24th Jully 1889 in virtue of which the Spanish Civil Code is published.
  8. LESSEE’S OBLIGATIONS
    1. The Lessee agrees that the Lessee has been sufficiently familiarised with the manner of use of the Vehicle and the Equipment before using the Vehicle.
    2. The Lessee is obliged to use the Vehicle in a manner customary for the type and condition of the Vehicle in accordance with all the technical and design parameters, and only for the purpose for which it is intended. The Lessee may use the Vehicle only in the territories for which the Vehicle insurance taken out by the Lessor is valid. The Lessee agrees to use the Vehicle in accordance with the applicable legal regulations for road traffic pertaining to the territory where the Lessee uses the Vehicle, and may not carry out any modifications to the Vehicle or soil the Vehicle beyond the usual degree. The Lessee is obliged to comply with all traffic, customs and other legal regulations applicable in the country where the Vehicle is used by the Lessee, as well as instructions given in the manufacturer’s manual. Furthermore, the Lessee is obliged to comply with regular service inspections determined by the manufacturer, maintain the correct amount of operating fluids (coolant, AdBlue) and lubricants, and maintain the proper tyre pressure. The Lessee hereby acknowledges that the maximum speed when crossing speed bumps or undulations with a motorhome is 5 km/h and the maximum load of the bike rack for motorhomes is 60 kg. Furthermore, the Lessee hereby acknowledges that the maximum driving speed with a motorhome is 130 km/h and the maximum driving speed with a travel trailer is 100 km/h.
    3. The Lessee is obliged to secure the Vehicle against theft, misuse or damage, and when using the Vehicle, the Lessee is obliged to ensure that the use of the Vehicle does not cause harm to health or life, or damage to the interior or exterior of the Vehicle, or to the belongings of third parties, and is obliged to observe the ban on smoking in the Vehicle.
    4. With the exception of Persons Authorised to Drive the Vehicle, the Lessee may not provide the Vehicle for use to a third party, not even free of charge. If it is found that the rented Vehicle has been driven by a person not identified in the Agreement, the Lessee’s liability under the agreed terms of additional collision insurance of the Vehicle may be limited.
    5. The Lessee is obliged to inform the Lessor of any damage to or soiling of the Vehicle that does not prevent the operation of the Vehicle, not later than upon arrival at the place of return of the Vehicle, before returning the keys to the Vehicle.
    6. The Lessee is obliged to notify the Lessor immediately of any accident or other damage to the Vehicle, and to inform the Lessor of the nature and extent of the damage or breakdown, damage caused to third-party property or harm to life and health; to fill in an accident report carefully and completely and to take photos of the accident scene, and to submit this report when returning the Vehicle to the Lessor; and to further proceed as instructed by the Lessor, and at the same time, report the accident to the police or similar authority of the given country and to receive from such authority a certificate of involvement in the accident. In case of any insured event, the Lessee is obliged to provide the Lessor with all assistance, in particular in connection with the adjustment of the insured event; in cases where the statutory or collision insurance does not cover the damage caused by the Lessee in full, the Lessee is obliged to pay the uncovered part of the damage, but no more than 10% of the calculated cost of the repair and no less than € 400, and in cases where the insurance does not cover the damage at all, the Lessee is liable for the full amount of the damage.
    7. The Lessee must notify the Lessor without delay of any other defect preventing the operation of the Vehicle and follow the Lessor’s instructions.
    8. The Lessee may carry out repairs to the Vehicle or have such repairs carried out if they cannot be postponed, but only with the Lessor’s demonstrable consent and only at the manufacturer’s authorised repairer, unless the Parties agree otherwise; for the purpose of compensation of the Lessee’s costs by the Lessor, the Lessee is obliged to have a receipt issued for such a repair.
    9. The Lessee is obliged to tolerate limitations on the use of the Vehicle to the extent necessary to carry out repairs to the Vehicle and repairs to the Equipment therein without being entitled to a reduction in the Rent; the Lessee shall allow the Lessor to inspect the Vehicle with a view to checking its condition and manner of use at any time during the Rental Period.
    10. The Lessee shall bear the costs associated with the use of the Vehicle, including tolls and fines imposed by the relevant police or similar authority both domestically and abroad; if the Lessor becomes liable to pay a fine for an infraction or similar unlawful conduct as a result of the Lessee’s use of the Vehicle, the Lessor may disclose the Lessee’s identity to the relevant police or similar authority; the Lessee is fully liable for the commission of the given infraction or unlawful conduct during the period between the handover and the return of the Vehicle, and shall compensate the Lessor for any damage caused by such conduct, including any fines which the Lessor may have to pay. The Lessee acknowledges that the Lessor may install a GPS device in the Vehicle in order to protect its property and to check compliance with the maximum speed limit set in the Agreement, and is obliged to communicate this information to the Persons Authorized to Drive the Vehicle.
    11. If the Lessee is to use the Vehicle outside the Czech Republic, the Lessee is obliged to obtain the relevant permits at his/her own expense and risk, and to comply with the applicable laws and regulations of that country. The Lessee is liable to the Lessor for any damage arising from a breach of this obligation; in the event that the Vehicle is detained or seized abroad, the Lessee is obliged to take all possible measures to have the Vehicle released, and to pay the Rent properly at all times. In that case, the Rental Period will not expire before the Vehicle is returned to the Lessor. The Lessee is obliged to pay the costs and damages incurred by the Lessor in connection with the detention or seizure of the Vehicle, as well as towing and parking abroad, and its return to the Czech Republic.
    12. The Lessee acknowledges that the Vehicle is intended for travel and leisure purposes and may not be used as a utility Vehicle (e.g. to transport materials or cargo) or in any manner other than specified or explicitly agreed.
    13. In the event of a breach of the contract attributable to the Lessor, all of the legal consequences of any breach of any contractual obligations under this contract, will be applied in accordance with the art. 1101 of the Real Decreto of 24th Jully 1889 in virtue of which the Spanish Civil Code is published.
  9. LIABILITY
    1. The Lessee is liable to the Lessor for any damage (including lost profits) to the Vehicle caused by the Lessee or by persons whom the Lessee allows to use the Vehicle, including Persons Authorised to Drive the Vehicle, during the period from the handover to the return of the Vehicle; the amount of compensation corresponds to the cost of repair of the Vehicle including the related costs paid to the authorised repairer. The Lessor hereby advises the Lessee that in case of damage to the Vehicle and its parts (exterior and interior), the damage will be settled by replacing the given part with a new original spare part. Wear and tear on the Vehicle caused by its normal use does not constitute damage. Wear and tear on the Vehicle caused by its normal use does not include scratches to the paintwork, windows or car stickers on the Vehicle, even if the scratches occur during normal use of the Vehicle.
      2. Simplified overview of vehicle damage charges:
      TYPE OF DAMAGE VALUE OF DAMAGE DEDUCTIBLE
      Damage to the exterior up to € 400actual price of repair
      Damage to the exterior over € 40010%, but not less than € 400
      Damage to the awning -actual price of repair / replacement
      Damage to the interior -actual price of repair
      Missing accessories -price of new accessories
    2. If the Lessee returns the Vehicle or arranges for returning the Vehicle without accessories as specified in the Handover Record or returns the accessories destroyed or damaged, the Lessee is obliged to compensate the Lessor for the damage in the amount of the purchase price of new accessories, including the postage for delivery of the accessories.
    3. The Lessor may charge these additional fees to the Lessee in the form ofcontractual penalties:
      1. If the Lessee fails to return the Vehicle or fails to arrange for returning the Vehicle within 1 hour of expiry of the Rental Period specified in the Agreement, the Lessor may charge to the Lessee a contractual penalty in the amount of € 40. If the Lessee fails to return the Vehicle or fails to arrange for returning the Vehicle within 2.5 hours of expiry of the Rental Period specified in the Agreement, the Lessor may charge to the Lessee a contractual penalty in the amount of € 120. If the Lessee fails to return the Vehicle or fails to arrange for returning the Vehicle on the agreed date of return of the Vehicle, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 400 for each, even incomplete, day of the Lessee’s delay in returning the Vehicle; the contractual penalties under this subparagraph do not apply to situations where the Lessee is unable to return the Vehicle due to a technical defect of the Vehicle of which the Lessor has been informed by the Lessee in due time.
      2. If the Lessee returns the Vehicle or arranges for returning the Vehicle before expiry of the Rental Period for any reason, the Lessor may charge a contractual penalty corresponding to the remaining amount of the Rent from the time of return to the expiry of the Rental Period.
      3. If the Lessee returns the Vehicle or arranges for returning the Vehicle without having fully refuelled the Vehicle, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 20 for adding the missing fuel together with the actual cost of refuelling.
      4. If the Lessee returns the Vehicle or arranges for returning the Vehicle:

        - with an unemptied waste tank, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 40;
        - with an unemptied toilet cassette, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 120;
        - with unwashed dishes, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 20.
      5. If the Lessee returns the Vehicle or arranges for returning the Vehicle while it is soiled beyond the level of normal use of the Vehicle or uncleaned, the Lessee is obliged to pay a contractual penalty the Lessor in the amount of € 20 to € 120, depending on the degree of soiling. If anyone has smoked in the Vehicle, the Lessee is obliged to pay to the Lessor a contractual penalty in the amount of € 400. In case of an extremely soiled Vehicle (Vehicle soiled with oil, asphalt, paint, odour, etc.), the fee will be set individually according to the costs expended by the Lessor to restore the Vehicle to its original condition, in the range from € 200 to € 400.
      6. If the Lessee returns or arranges for returning the Vehicle without a certificate of roadworthiness, Green Card, service book or other documentation provided, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 120 for each unreturned document.
      7. If the Lessee returns or arranges for returning the Vehicle without a key to the Vehicle’s ignition or without a key to the Vehicle’s superstructure, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 200 for each lost key. If the Lessee returns or arranges for returning the Vehicle without a key to the bike rack, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 40 for each lost key.
      8. If the Lessee breaches the provisions of paragraph 8.6 of the Terms and Conditions by failing to report to the Lessor any damage or soiling of the Vehicle that does not prevent the Vehicle’s operation no later than before the keys to the Vehicle are returned, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 80 for each individual breach. If the Lessee breaches the provisions of paragraph 8.7, 8.8 or 8.9 of the Terms and Conditions by failing to report to the Lessor an accident, insurance claim, any damage to third-party property or harm to life or health in connection with the operation of the Vehicle without delay after the defect, the need for repairs to the Vehicle as a result of which the Vehicle is not fit for operation, or the legal unfitness of the Vehicle for operation arises, or has the Vehicle repaired or serviced without the Lessor’s consent, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 400 for each individual breach.
      9. If the Lessee causes damage to the Vehicle through its own fault, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 80 for each case of breach.Simplified overview of contractual penalties arising from these T&C:
        Manner of breach of the T&C Contractual penalty
        Late return of the vehicle, by no more than 60 minutes€ 40
        Late return of the vehicle, by 61 to 150 minutes€ 120
        Failure to return the vehicle on the agreed date€ 400 per day
        Early returnremaining amount of the rentrenta
        Failure to refuel the vehicle€ 20 + fuel price
        Unemptied grey water tank€ 40
        Unemptied toilet cassette€ 120
        Unwashed dishes€ 20
        Soiled vehicleDe € 20 a € 120
        Extremely soiled vehicleDe € 200 a € 400
        Smoking in the vehicle€ 400
        Return of the vehicle without the certificate of roadworthiness or certificate of insurance € 120 por cada documento
        Loss of key to the vehicle € 200 por cada llave
        Loss of keys to the bike rack € 40 por cada llave
        Failure to report damage before returning keys to the Lessor € 80 por cada caso de incumplimiento
        Failure to report an accident, insured event, damage to third-party property, harm to life or health of a third party, as well as occurrence of a defect, necessity of a repair or servicing without the Lessor’s consent€ 400 por cada caso de infracción
        Damage to the rented vehicle, other breach of the Terms and Conditions € 80 por cada caso de incumplimiento
      10. For any other breach of the Terms and Conditions not specified in this Article 9.3 by the Lessee or a Person Authorised to Drive the Vehicle, the Lessee is obliged to pay a contractual penalty to the Lessor in the amount of € 80 for each individual breach.
    4. The collision insurance will not apply in case of damage, loss or theft of accessories set out in the Handover Record for the Vehicle, as well as in the event breaking and entering by a third party and theft of accessories or objects located inside the Vehicle; such damage will be set off against the Security Deposit, if applicable.
    5. The Lessor becomes entitled to the payment of contractual penalties especially by identifying the cases of breach, on the basis of which the Lessee is obliged to pay contractual penalties, in the Takeover Record. The contractual penalties fall due 5 days after the Lessor’s claim arises. The Lessor may set off any contractual penalties against the Security Deposit; the Lessee expressly agrees with this. The Lessee’s obligation to pay a contractual penalty to the Lessor shall in no way prejudice the Lessor’s right to compensation for damage to the full extent in addition to the contractual penalty.
    6. Breach of the obligations set out in Articles 3, 5, 6 and 8 of these Terms and Conditions constitutes a material breach of these Terms and Conditions.
    7. If the Lessee leaves his/her personal vehicle parked on the premises of the Establishment free of charge, the Lessor cannot be held liable for any damage, including that caused by Force Majeure. The Lessor cannot be held liable, either, for the use by the Lessor of the Lessee’s passenger vehicle parked with the Lessor pursuant to this paragraph on roads for the purpose of routine maintenance of the passenger vehicle (e.g. car wash). The Lessor agrees not to use the Vehicle for any purpose other than necessary for the agreed purpose, or for a purpose related to the maintenance of the vehicle ordered by the Lessee in advance.
  10. TERM OF THE RENTAL AGREEMENT
    1. The Agreement is in force during the Rental Period. This does not exclude any obligations of the Parties which, in accordance with these Terms and Conditions or the law, are to survive the expiry of the Rental Period.
    2. The Lessor may terminate the Agreement without a notice period if the Lessee materially breaches his/her obligations under these Terms and Conditions or the Agreement.
    3. The Lessee may terminate the Agreement without a notice period if the Lessor breaches its obligation to properly hand the Vehicle over to the Lessee pursuant to paragraph 5.1 of the Agreement. In that case, the Lessee is entitled to a refund of a proportional part of the Rent for the remaining part of the Rental Period.
    4. The Lessee’s obligations that arose during the term of these Terms and Conditions or of the Agreement that have not been performed before the expiry of the Rental Period, as well as obligations that, in view of their nature following from these Terms and Conditions, the Agreement or legal regulations, are to survive the termination of the Agreement, which includes these Terms and Conditions, including, but not limited to, the Lessee’s obligations to compensate any damage or pay a contractual penalty, shall not terminate upon termination of the Agreement.
  11. INFORMATION FOR CONSUMERS
    1. The provisions of this Article are only effective vis-à-vis the Lessee if the Lessee is a consumer, i.e. when a natural persons is acting for purposes which are outside their trade, business, craft or profession as stated win the art. 3 of the Real Decreto Legislativo 1/2007, 16th of November, by virtue of which the consolidated General Law for the Defence of the Consumers and Users and other complementary law is approved.
    2. he Lessor hereby informs the Lessee that:
      1. The address for the delivery of documents to the Lessor is identical with the above-specified address of the Lessor’s registered office;
      2. The Lessor’s telephone number is +420 739 376 745;
      3. The Lessor’s email address is jakub.buric@campiri.com;
      4. The Lessee incurs no delivery costs;
      5. The Lessee incurs no costs in relation to the Lessor for the use of means of distance communication;
      6. The Lessor complies with all the valid and effective legal regulations of the Spanish Kingdom, and performs its activities on the basis of a trade licence;
      7. The Lessee is obliged to comply with the provisions of these Terms and Conditions and the Agreement as well as the applicable and effective legal regulations of the Spanish Kingdom.
      8. If a dispute arises between the Lessor and the Lessee, the Lessee has the right to its out-of-court resolution. The Lessee may file an application for out-of-court resolution of a dispute pursuant to Law, 2th November, transposing Directive 2013/11/EU of the European Parliament and of the Council of 21th May 2013 on alternative dispute resolution in consumer matters into Spanish law, Real Decreto 231/2008, 15th February, by virtue of which the Consumer Arbitration System is adopted (here) or through the online platform of the European Union for out-of-court resolution of consumer disputes at http://ec.europa.eu/consumers/odr.
      9. The Lessee is not bound vis-à-vis the Lessor by any codes of conduct within the meaning of Real Decreto of 24th Jully 1889 in virtue of which the Spanish Civil Code is published. The Lessor deals with consumer complaints via the email address jakub.buric@campiri.com. The Lessor will send information on the manner of resolving any complaints to the Lessee’s email address. The Agreement, including the Terms and Conditions, if entered into online, will be archived by the Lessor in electronic form and is not publicly available.
  12. Personal data protection
    1. Information on personal data processing is given in a separate document titled “Information on Personal Data Processing” provided by the Lessor to the Lessee upon execution of the Agreement.
  13. FINAL PROVISIONS
    1. Where the law, the Agreement or these Terms and Conditions require communication in writing, it is sufficient if the message is sent by email or by other means of electronic communication that leave no doubt as to the content of the message and the sender.
    2. A message sent by email is deemed delivered at the time when it is sent by email, unless the addressee proves that the message failed to reach the addressee.
    3. If any provision hereof is or becomes invalid, or ineffective or inapplicable at variance with the will of the Lessee or the Lessor, or if such invalidity, ineffectiveness or inapplicability unavoidably occurs (especially as a result of a change in the applicable legal regulations), this shall in no way prejudice the validity, effectiveness or applicability of other provisions hereof.
    4. In matters not expressly regulated by the Agreement or the Terms and Conditions, the rental relationship shall be governed by the applicable provisions of the legal regulations of Spain. In case of any litigation, the Parties agree that the common courts for the Lessor in Spain shall have subject-matter and local jurisdiction. The choice of law does not prejudice the consumer’s rights following from the legal regulations that are otherwise applicable to the legal relationship between the Parties (if the applicable law is different from the laws of Spain). The choice of court jurisdiction does not prejudice the rules on court jurisdiction in consumer disputes.
    5. The Agreement is executed in two counterparts, one for each of the Parties. The Agreement enters into effect and force at the time of its execution by both Parties.
    6. These Terms and Conditions enter into effect on 1 November 2022.
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