From the beginning of the negotiations for the reservation of a camper, the following rental conditions shall apply, and they shall be part of the vehicle rental contract to be signed between the two parties: the company Flamenco Campers & Vans SL, hereinafter "FC Company” (lesser) and you, hereinafter the "client "(lessee).
Please read these terms and conditions since they are compulsory.
1. Scope, contents of the contract and applicable law.
1.1.The following Rental Terms & General Conditions of the company FC are the only applicable ones. Any conditions from the client that may be different or contrary to the Terms and Conditions of the company FC will not be accepted. These shall be also valid when the company FC hires a camper without a prior reservation, even knowing the differing conditions from the customer.
1.2.The contract signed with the client only entails the delivery of the camper under rental conditions and, if previously agreed, of extra or optional accessories offered by FC and reserved by the customer in advance.
1.3.A rental agreement shall be signed by the Client and the Company FC when the vehicle is delivered, which shall be governed solely by Spanish laws, by the general conditions set forth in this contract and by the special terms agreed between the parties. The Customer will organize his/her trip and shall use the vehicle under his/her own responsibility. The rental contract is limited to the period agreed by the parties, excluding any unspoken extension of said contract for an indefinite period of time due to continued use.
1.4.All agreements between the company and the customer FC shall be in writing, whether by electronic mail or post or personally.
2. Minimum age and authorized drivers.
2.1.The Client’s age, and of any authorized driver (maximum 2 drivers) shall be at least 28. The driver shall have a Driver’s License Class B in force, for more than three years, or the equivalent License of his/her country of origin. If you do not live in the EU you must have an international Driver’s Licence for these vehicles. The client shall pay an additional daily amount for every additional driver, which is established in the price list of FC in force at the time of booking.
2.2. If at the time of delivery of the camper by FC, the Client does not have the appropriate Driver's License for vehicle rented, or if the document is false or inaccurate, it shall be considered for all purposes that the Client has failed to collect the camper, and therefore the conditions of cancellation of the Client’s binding reservation shall become immediately applicable according to item 4.2 hereto, and the Client shall not have the right to any compensation or reimbursement whatsoever.
2.3. Only the Client and the driver’s included in the rental contract may drive the vehicle, and they shall fulfill the conditions set forth in paragraph 2.1 hereto. At the time of booking the vehicle, the driver or drivers are obliged to send to FC copies of the following documents:
a) Identification Card or Passport.
b) European Driver’s License or International Driver’s License.
c) Credit card valid for the next 6 months from the date of hire.
d) Invoice or bill (2 months max.) of domestic supply (telephone, water, electricity, bank, etc ...) to confirm your address.
At the time of picking up the vehicle you must present all original documents. All authorized drivers will be personally responsible for any legal infringement in which they incur during the rental period. The Client expressly authorizes FC to charge to his/her credit card the economic consequences of any violation committed during the rental period during the following twelve months.
3. Prices and length of rental.
3.1.The rental price of the camper and the minimum rental period during the different seasons of the year are the ones listed in price list in force of FC company at the time of booking. Depending on the rental days reserved, the prices that appear in the list for the appropriate season shall be valid. For each rental, a fixed and sole amount will be charged for services rendered. An extra amount will be charged for mileage excess, if applicable. This extra amount can be checked in the FC Price List in force at the time of reservation or when the contract is signed, the client expressly declaring that he/she is informed and accepts.
3.2.The rental prices for optional accessories are included in the valid price list of the company FC at the time of booking and the Client expressly acknowledges and accepts them.
3.3.The minimum rental period is three (3) days and the maximum is forty-five (45) days.
3.4.The rental prices include 18% VAT, unlimited mileage for more than seven (+7) days of rental, fully comprehensive insurance under insurance coverage (see below Art. 11) and roadside assistance in case of failure.For shorter periods, a maximum distance allowed is 200 km per day at a cost of € 0.40 + VAT per mile in excess.
3.5.The rental period begins when the Client collects the campervan at the rental center at the time agreed with FC, and ends when the campervan is delivered by the customer at the same rental center at the time agreed with FC.
3.6.If the campervan is returned after the agreed time, the customer shall pay FC the amount of 60 € + VAT for every hour of delay. However, the maximum charge per day of delay is 480 € + VAT. The client is responsible for all costs due to the delay in delivering the vehicle and especially for those expenses derived from the fact that another client or another person to assert their rights against FC as consequence of this delay.
3.7.in case of returning the vehicle before the expiry date of the rental contract, the Client is obliged to pay the full price agreed in the contract, and FC shall not be obliged to reimburse any amount.
3.8.The campervan will have the fuel tank full and should be returned the same. If not, FC will charge the customer the amount of the fuel necessary to fill the tank increased by 100% for management fees. All fuel and maintenance expenses during the rental period will be at the customers charge. The fuel used is only DIESEL (It is expressly prohibited to use Biodiesel, therefore the client shall be responsible for all expenses caused as a result of using a fuel other than diesel.
3.9.To return the vehicle in a different location than that of collection, a special agreement with FC is required: The price of this service will be agreed before collecting the campervan.
4.1.Reservations shall only be binding after confirmation from FC and the subsequent payment of the 40% deposit by the Client depending on 4.2., and exclusively for a category of vehicles, not for brands or models of vehicles. This is also valid even if the description of vehicle category is indicated by way of example in a particular model.
FC is obliged to provide a vehicle of the selected category. In the event that the vehicle reserved is not available due to “force majeure” circumstances, FC reserves the right to substitute an alternative vehicle without prior notice. The alternative vehicle will be as similar as possible to the one originally booked. FC will reasonably determine if it should indemnify the Client and the amount, if the vehicle has to be replaced.
4.2.Once FC has delivered written confirmation of the reservation, the customer shall pay a deposit of 40% of the total price of the rental within a maximum period of 2 working days. From this time on the reservation shall be binding for both parties. If the client does not meet this deadline, it means that no reservation has been made by the Client, thus releasing FC from any liability. If the customer cancels the binding reservation he/she will have to pay the following cancellation charges calculated from the first confirmed booking:
· Up to 50 days before the starting rental period, 20% of the total rental price.
· Between 25 and 49 days before the starting rental period, 50% of the total rental price.
· Between 16 and 24 days before the starting rental period, 75% of the total rental price.
· Between 15 and 8 days before the starting rental period, 90% of the total rental price.
· Less than 7 days before the starting rental period, 100% of the total rental price.
4.3.You can change the date of rental once. In order to be valid, said change shall be notified at least 25 days in advance. The client shall inform of the new date chosen when informing of said change, and this new date must be within the following 12 months starting from the first day of the original lease. This service carries a surcharge of 20% of your rental, always with a minimum fee of 100 €.
5. Payment terms and deposit.
5.1.The amount of rental price of the motorhome, depending on the booking dates, shall be fully paid 25 days before the scheduled date for the start of the lease. Paypal / credit card payment will have an extra cost of 3,6% / 1,1% on the rental price, for bank charges. Payment with American Express card will have an extra charge of 5% on the rental price. FC will only accept credit card payments, bank transfer or cash. All payments made by customers and money returns by FC will be made in EURO (€).
5.2.At collecting the vehicle, the client shall pay SIX HUNDRED EUROS (600 €) with a valid credit card as deposit and guarantee of the faithful compliance of the contract obligations. Before FC delivers the vehicle to the Client, both parties shall sign the vehicle rental contract, which will include all special conditions of the valid binding reservation agreed and in accordance with the general conditions of rental hereto, which shall be expressly accepted by the Client as part of the contract. Non-acceptance of the general conditions by the Client at such moment shall be considered as the cancellation of the binding reservation, and paragraph 4.2 hereto shall be applied.
5.3.For short notice reservations (less than 25 days before the starting rental date), the rent shall be paid by the client in full at the time of reservation.
5.4.The deposit shall be refunded no sooner than forty-eight (48) working hours after the vehicle has been returned, and after the vehicle has been examined by a responsible person of the Company, who in case of damage due to misuse or lacking any item included in the inventory, shall inform of the amount to be paid by the Client. This amount will be deducted from the Client’s deposit, and the Client shall pay for the difference if the cost of the damage exceeds the amount of the deposit. In case it is not possible to assess the damages immediately, FC has 60 days to settle and refund the deposit, if appropriate, or claim the difference of this deposit and the cost of the damages. In case of an accident, the amount of the insurance franchise will also be deducted from the deposit. In case FC has to pay the Client a compensation of the amount of the rent paid in advance, said amount shall be returned together with the deposit.
5.5.The deposit shall be used to cover the cost of any loss or damage of equipment, complements, extras, and repair of negligent damages in the vehicle.
5.6.The customer has expressly agreed to pay to FC:
a.Upon returning the vehicle: the amount of exceeded mileage, if appropriate, in rentals between three (3) to seven (7) days, calculated at the rate in force and / or additional charges arising from the application of these Terms and Conditions of Rental.
b. Additional charges that may arise if the vehicle is returned elsewhere, without FC’s permission.
c. The amount of any type of penalties, fines, judicial and extrajudicial expenses arising from any traffic violation, whether administrative, criminal or any other kind, which are directed against vehicle, the client or FC, during the rental period, unless it is due to FC’s fault.
d. In the event that the vehicle is retained, blocked, sealed, deposited or seized, or otherwise immobilized by any reason due to customer’s fault, all expenses will be on the account of the Client, including the company profit loss on leasing during the term of the vehicle’s detention.
e. Expenses incurred by FC (including Lawyers and attorneys' fees, even though their intervention was not mandatory) in claiming the amounts owed by the client under this contract.
f. The vehicle has a comprehensive insurance with franchise (excluding the customer's and
companions personal effects). In case of accident or theft, the customer shall pay the amount of € 600 for the claim.
g. All damages caused to a third party or to FC not covered by the insurance of the vehicle, and assessed economically at that time, subjected to paragraph 5.4.
5.7.If the customer delays payments, late payment interests shall apply in accordance with the legislation in force.
6. Delivery and return of the vehicle.
6.1.Before the trip, the client shall follow the instructions given by FC’s staff at the point of delivery. A document of delivery (Check Out) will be issued, describing the conditions of the vehicle and the inventory on board that shall be signed by both parties. FC may deny delivering the vehicle until the operation instructions of the vehicle have been totally given.
6.2.When returning the vehicle, the Client shall undertake a final inspection of the campervan with an FC employee. At the Return (Check In), a Document of Return will be issued, which must be signed by FC and the Client. Damages not included in this Document of Return, but detected while returning the vehicle shall be charged to the customer and will be deducted from the deposit.
6.3.Generally the vehicles delivery will be from Monday to Friday, from 2:00pm to 7:00 pm; the returns shall be done from Monday to Friday before 11:00 AM. The timing showed on the rental contract shall be considered as agreed. On Saturdays and Sundays, deliveries and returns will only be accepted if it has been agreed previously and an additional cost will be charged in accordance with rates in force. The day of delivery and return will be considered, joined together, as one day, provided that the total does not exceed 24 hours or only if they are exceeded due to causes attributable to FC.
6.4.Non authorized delays in returning the vehicle shall be punishable under item 3.6. If the reason of the delay in returning the vehicle is caused by Force Majeure, it shall be reported immediately to FC to be accepted; If not, it will be considered a non authorized delay.
6.5.If the Client wishes to extend the lease, he/she shall ask FC at least three days before the contract expires. The eventual confirmation of the extension shall be subject to availability at the time given. Therefore FC shall not assume any kind of previous commitment.
6.6.Any changes of the hire dates shall be previously authorized by FC. Breach of this condition entitles the company FC to recover the vehicle or to request it in Court. FC shall have the right at all times to request the return of the vehicle at any time during the term of the rental contract, if its use infringes the provisions set forth in the contract or in these general conditions.
6.7.If the vehicle is returned at the end of the rental period and the Client is not present when the vehicle is being checked due to reasons attributable to him/her, mail delivery or unavailability, and damages are observed in the vehicle, the Client accepts the appraisal of damages resulting from inspection by FC´s staff.
6.8. The vehicle shall be returned clean outside and inside, and with empty deposits of waste and toilet water. Otherwise there will be a surcharge of 150 € + VAT as cleaning fee, in accordance with FC’s rates established for this purpose.
6.9. Filling the clear water tank with diesel or any other fuel, or filling the diesel tank with water or other fuels (including biodiesel), means a penalty of 750 € + VAT.
IMPORTANT: Please note that after you return the vehicle, we have a period of time to prepare it for the next client. You wouldn’t like being the next customer, if it is returned late.
7. Prohibited uses, maintenance and protection obligations.
7.1.The Client acknowledges receiving the vehicle in perfect mechanical conditions, equipped with the
necessary documents and tools, tires and accessories and he/she agrees to maintain it in good conditions. The Client also agrees to respect at all times the obligations and limitations described in the Circulation Code of Circulation in force, and agrees to the following:
a.To not allow others to drive the vehicle aside from himself/herself or the people specially authorized.
b. To take no more than the passengers specified in the vehicle documents (max. 4 pax.), or take in the camper any kind of pets without the permission of FC. In case of being authorized to take pets or animals the camper must be returned free of hairs and odor.
c. To not sublease or transport persons for commercial or other purposes not included in the contract.
d. To not carry any goods, drugs, toxic, flammable or explosive items nor lighting candles inside the vehicle.
e. To not transfer the use of the vehicle to third parties, either free or paid, and to not help criminals.
f. To not commit crimes, although these may be only punishable according to the legislation in force of the place where the crime took place.
g. To not drive the vehicle with a physical disadvantage due to alcohol, drugs, fatigue or disease, use of medication, etc.
h. To not drive outside of roads or any unsuitable terrain, or participate with the vehicle at sporting events, endurance racing or other events which can damage it.
i. To not use the vehicle to push or tow other vehicles or trailers.
j. To not unseal or manipulate the odometer. The client shall immediately notify any fault on it.
k. In order to drive in the countries listed bellow, the express authorization from FC shall be necessary. The customer must notify in advance he/she will be driving in any of these countries, in order to make an additional charge that covers the road assistance as well as an extension of the vehicle´s insurance. These countries are: Andorra, Austria, Belgium, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Slovak Republic, Slovenia, Finland, France, Britain, Greece, Holland, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland. Driving outside these countries shall not be authorized under any circumstance.
l. It is expressly forbidden to travel to any country where there is war or an armed conflict.
m. To have the vehicle properly parked when not being used and protect it from damages caused by frost, hail or other atmospheric phenomenon capable of causing important damages.
n. It is expressly prohibited to vary any technical characteristic of the vehicle, keys, locks, equipment, tools and / or accessories, making any changes to the interior and/or exterior appearance, unless having express written permission from FC. In case of violation of this section, the tenant shall pay all costs of reconditioning the vehicle to its original state, paying as well a compensation for the time the vehicle can not be used until it is completely repaired. In case of losing the vehicle’s keys or documents, the client shall pay FC the amount of 180 € + VAT.
7.2.The vehicle must be treated carefully and closed properly. Technical standards and determinant provisions of use shall always be taken into account. The vehicle’s condition shall be monitored at every refueling, specially water and oil levels and tires’ pressure. The customer undertakes to check regularly if the hired camper is in perfect conditions to drive safely. If the vehicle is damaged as a result of overheating due to low oil or engine coolant, FC will not reimburse the Client the deposit paid as guarantee.
7.3.Smoking and lighting candles inside all the vehicles is prohibited. The client may take pets (only dogs) if FC has given express authorization and under their conditions. Cleaning costs resulting from any breach
shallbe paid by the customer. The Client must also assume the costs of aeration and cigarette odor removal, including losses generated by the inability to rent the vehicle for some time due to this reason.
7.4.In case of finding out that any of the conditions under paragraphs 7.1., 7.2. and 7.3 have been breached, the company may immediately terminate the rental agreement and ask for the vehicle to be returned, and the customer shall be obliged to pay the full rental and any expenses under those paragraphs.
8. Behavior in case of accident
8.1.In case of accident, theft, fire or damages caused by wild animals, the customer must immediately inform the police and FC by calling the telephone number of the rental center (951.701.291). Out of the Customer Hours Service or during holiday, the client shall notify the company the hour and day immediately after the mishap occurred. The Client is obligated to pay all damages as a consequence of failure or delay in notifying any of these eventualities to FC.
8.2.The responsibility for the fact will never be recognized or prejudice except for the “Friendly Accident Declaration”. The client shall obtain all the information of the other party and any witnesses that must be sent to FC within the deadline specified by the company. The client shall immediately notify the authorities of the accident if it is the fault of a third party. The accident report shall be submitted complete and signed, never after returning the vehicle to FC. The document shall also include the name, address and phone numbers of the people involved, information of their driver's license, the other party’s information together with the Insurance Company name and policy number, potential witnesses’ information, and plate numbers of the affected vehicles.
8.3.In case of robbery or theft of the vehicle, the Client shall immediately report it to the competent authority informing and sending FC within 24 hours a copy of the police report, together with the car keys. Otherwise, the insurance coverage contracted shall remain without effect.
8.4.Even in case of damages without third parties involved, regardless of their severity, the client shall write FC a Comprehensive report and draw a sketch. If the Client does not draft the report - no matter whatever the reason is- and this prevents the insurance company from paying damages, the Client will be required to pay the entire amount.
8.5.Do not leave the vehicle without taking adequate measures to protect and safeguard it. If necessary, contact the Road Assistance contracted with FC´s Insurance.
8.6.In case of default by the customer of any the above-mentioned measures, when applicable, FC can claim the Client the damages caused by his/her negligence, including loss of profit during the term of the the vehicle is immobilized.
9. Motor defects
9.1.Rights to compensation for Client damages are excluded due to defects not attributable to FC.
9.2.When returning the vehicle, the customer shall indicate any defect detected in the camper and/or its equipment during the rental period. Compensation rights are excluded for damages if defects are notified later, unless such claim is motivated by a non-obvious damage.
10. Vehicle repair or replacement.
10.1.The Client assumes the normal mechanical wear of the vehicle. When the duration of trip or road conditions may advice so, the necessary maintenance operations shall be carried out in an official service of the vehicle´s chassis-engine brand.
10.2.The Client is obliged to stop the vehicle as soon as possible when any indicating light turns on indicating an anomaly in the vehicle’s operation. The client shall contact FC or the Assistance Company arranged by FC and no other. The Client shall only use the official brand of the chassis-engine service, unless permission from FC.
10.3.The Client may carry out the necessary repairs to ensure safety during the operation of the vehicle
during the rental period and that do not exceed 150 €. To do this, it FC approval shall be requested. FC will pay for the cost of repairs if the original invoices of the spare parts changed are provided, as long as it is not the client’s responsibility under item 11. Damages affecting tires, rims and car windows occurring during the term of lease are excluded, which are always and in any case under customer's responsibility. Any fault and repairs due to defects in the ground, pavement or asphalt are the responsibility of the customer. Provisions of Item 10.5 will be applied if the repair is over € 150.
10.4.If a repair of these characteristics is necessary for reasons attributable to FC and the Client does not undertake it, the Client shall inform FC immediately of said defect and allow a reasonable time to repair it. FC is not responsible for the specific conditions of each country (eg. infrastructure), which may lead to a delay when making repairs.
10.5.In case of any malfunction of the vehicle or indoor elements, the Client shall notify FC immediately, which shall provide the appropriate instructions to repair it.
10.6.In the event of serious damages or breakdown of the camper, non being the client’s fault, and it is foreseen that the vehicle will not be fixed in the next 48 hours, or that it can not circulate, and the client is within the territory of Andalusia, FC will provide the customer within 48 hours an equivalent or bigger (in the number of seats) replacement vehicle. The termination of the contract is excluded and therefore the Client must accept the new vehicle, and FC shall not be obliged to pay any compensation for the possible loss or damage caused to the Client.
10.7.In the event of serious damages to the campervan, being the client’s fault, and it is foreseen that the vehicle will not be used for a long period of time or if it must be withdrawn from circulation, FC may refuse to provide a replacement vehicle. In this case, the termination of the contract by the customer will be excluded, who will be obliged to pay the full price of the lease, plus costs that these actions may have caused. If FC decides to make available to the client a replacement vehicle, the Client will be charged with any costs arising there from.
11. Responsibility of the renter, all risk insurance.
11.1.According to the terms of the comprehensive insurance, in the event of integral damages ,FC shall release the Customer from the responsibility of the material damages suffered by the vehicle, with an excess of SIX HUNDRED EUROS (600 €), which the customer should undertake.
11.2.The client, under no circumstances, shall be exempt of his/her civil, administrative, and criminal or any other kind of responsibility arising from an accident or from malicious or negligent behavior.
11.3.The grounds of exemption of liability provided for in paragraph 11.1, shall have no effect if the Client fails any of the rules indicated under clauses 7 and 8.
11.4.Exoneration of responsibility of Art. 11.1 shall not proceed if the client has willfully or negligently caused any damage.
11.5.Also, the customer shall respond in case of willful or negligent behavior in the following cases:
a.If the customer does not respect the driving rules and code of the country where it circulating.
b.If the damage is due to reckless driving under the effects of drugs or alcohol.
c. If the client or the driver, to whom FC has rented the vehicle, escapes in the event of an accident.
d. If the client, against the obligation established under Art. 8, does not report the police in case of an accident, except when such infringement has not influenced the verification of the reasons of damage or in the scope of that damage.
e. If the Client does not fulfill other obligations under Art. 8, except if such infringement has not influenced the verification of the reasons of damage or in the scope of that damage.
f. If the damage is due to a prohibited use under art.7.1.
g. If the damage is due to a breach of obligation under Art. 7.2.
h. If damages haves been caused by a non authorized driver, to whom the customer has left the vehicle.
i. If the damages have been caused by ignoring the vehicle’s dimensions (height, width, length).
j. If the damage is due to a breach of the rules related to additional load.
11.6.The customer is responsible for all costs, charges, fines and penalties related with the use of the vehicle to be claimed from FC, except whether to reasons attributable to it.
11.7.In the case of multiple clients and / or drivers all of them will respond as joint debtors.
12. Lessor's responsibility
12.1.FC delivers the vehicle in perfect condition, having made all the checks and maintenance necessary for its proper operation. FC will not be responsible for neither mechanical failures nor malfunctions on a normal use of it, nor from the expenses and damages that the Client may have to pay or damages suffered directly or indirectly as a result of such failures or faults.
12.2.If due to force majeure, fortuitous reasons no attributable to FC, the vehicle can not be delivered on the agreed date, no compensation will be given to the Client, except for the reimbursement by FC of the amounts paid to date in concept of rent.
12.3.FC assumes no responsibility over the customer´s vehicle parked, as free parking at the company premises or its environs, during the rental period of the motorhome.
12.4.FC will only respond to a limited extent to the foreseeable damages established in the contract, to the extent that they may violate an obligation of which compliance is important to achieve the object of the contract.
12.5.The "Rental Terms & General Conditions" bind both parties from the date of reservation onwards and they are an integral part of the vehicle leasing contract.
13. Protection of personal data.
For the purposes of the current legislation Personal Data Protection, Flamenco Campers & Vans, SL informs that your personal information provided for the execution of the contract and the information collected during the term of the rental services, will be incorporated into a file of personal data, duly registered in the Register of the Spanish Data Protection Agency, created under the responsibility of this company and based at Paseo de Sancha, 60 Malaga, in order to manage the services of car rental contracts, and for commercial purposes such as keeping you informed of all the offers, products and promotions that may be of your interest, either by email or another equivalent means.
In the case of commercial communications by e-mail or equivalent and in accordance with the provisions of Act 34/2002 regarding Information Society and Electronic Commerce Services, you expressly authorize the sending of advertising through this media. This authorization may be revoked at any time by request to the following address: customerservice(at)flamencocampers.com
Additionally, Flamenco Campers & Vans, SL informs you that, in the event of lack of payments related to rental services contracted by you, and upon the request of payment by Flamenco Campers, the information on such failure may be reported to credit information files, in accordance with the existing legislation on data protection.
You can exercise your right of access, rectification, cancellation and opposition by writing to the Customer Service Department or to the address above.
In case of any claims arising from or related with any act regarding the reservation or lease of the van, it is hereby agreed that is the jurisdiction will be the Courts of Malaga (Spain).
In case of discrepancy between the Spanish and the English versions of this terms & conditions, the Spanish version shall always be applied.
Donwload: Rental Terms & General Conditions.pdf