By this contract, NÁUTICA Y CARAVANING ORLY SLU., rents the vehicle to the lessee, subject to the terms established herein, and the lessee, with his signature, accepts them and is bound by them.
- On the one hand, the LESSEE who owns the rental contract.
- And, on the other hand, Mr. FERNANDO RODRIGO ROBA, with DNI number 25.441.999-C, and address at the company he represents.
- The first in his own name.
- The second in the name and representation of the company NÁUTICA Y CARAVANING ORLY, SL (hereinafter TOP CARAVANING), domiciled in Zaragoza, Carretera de Huesca, Km. 3, and with CIF B-50148154.
Mr. Rodrigo acts in his capacity as Administrator of the same, according to an authorized deed before the Notary of Zaragoza, Mr. Juan Antonio Yuste González de Rueda, dated February 1, 2019, with his Protocol number 251. It is duly registered. in the Mercantile Registry of Zaragoza.
And the contracting parties hereby mutually recognizing the necessary legal capacity to contract, as results from the veracity of their previous statements, grant this MOTORHOME LEASE contract, for which purposes
FIRST - TOP CARAVANING is the full owner of the vehicle mentioned in the contract, which is in a state of perfect use and operation.
SECOND - The LESSEE expresses his interest in leasing the aforementioned vehicle and having inspected and verified the indicated vehicle to his satisfaction, having verified all the extremes and circumstances of the same. The LESSEE states that he is over 26 years old and has a class B driving license for more than 2 years.
THIRD - TOP CARAVANING complies with vehicle rental regulations and is duly registered with such quality.
And with such a background
FIRST - TOP CARAVANING rents to the LESSEE the vehicle mentioned in the reservation document.
SECOND - TOP CARAVANING delivers the possession of the vehicle in this act to the LESSEE who receives it to his entire satisfaction and as a lease, with all the limitations that result from such quality and the content of this document, expressly accepted by the LESSEE prior to the appropriate reflection.
The LESSEE agrees to use the vehicle carefully. The LESSEE will not allow it to be used: For the service, against payment, of the transport of people or things, for traction or towing of another vehicle of any kind, in races, tests or competitions, when he himself or another driver of the vehicle is under the influence of alcoholic beverages, drugs, narcotics, barbiturate compounds or other substances that may impair consciousness or your ability to drive or modify your reactions or in contravention of traffic or customs regulations or of any other jurisdiction. All damage caused by the LESSEE in the vehicle (upholstery, floor, curtains, closures...), as well as any other accessory, direct or indirect damage that such damage entails, will be paid by LESSEE and will be deducted from the deposit by TOP CARAVANING.
THIRD - The delivery of the vehicle takes place after an exhaustive and detailed review and inspection of the vehicle by TOP CARAVANING, internally and externally, regarding its mechanics and accessories.
The LESSEE, who uses for such verifications all the means that he deems appropriate and are sufficient to know with all the guarantees the good received, accepts it without reservations satisfied by the conditions in which it is found.
FOURTH - The LESSEE knows and accepts the reservations and limitations of use derived from the use and operation manual that he himself declares to receive in this act and fully accept, being aware of all its content and committing to fully respect it. In the same way, the LESSEE will respect the terms of the manufacturer's warranty and the instructions for use of all the accessories manuals that are delivered in this act.
FIFTH - In case of breakdown, the cause will be determined. If such cause is the responsibility of negligent use of the vehicle or simply careless, the LESSEE must assume the amount of the repair at market prices.
If the breakdown is due to a construction defect of the vehicle or the deterioration or wear of its parts, TOP CARAVANING will assume the payment of the repair. As TOP CARAVANING delivers the vehicle duly preserved and maintained, in accordance with the manufacturer's instructions, and, with the revisions up to date, and, therefore, exhausts its diligence, in the event of a breakdown of the vehicle, it will not be responsible for the damages or damages caused to the LESSEE or to third parties. The LESSEE declares to be aware of all the instructions for use that appear in the manuals and undertakes to respect them, observing the diligent handling of the vehicle insofar as it has not been prevented in such documents. In case of failure, the RENTER must call the roadside assistance service that includes the available insurance and must not continue driving in any case so that the breakdown worsens. If he did so, he will be responsible for its repair.
SIXTH - INSURANCE and CLAIMS. TOP CARAVANING has taken out an all-risk insurance policy with excess for the leased vehicle. The payment of said policy is included in the rental price. A copy of such policy is delivered in this act to the LESSEE, together with the insurance payment receipt, as indicated in this contract signed by the parties in proof of conformity. The LESSEE undertakes to notify TOP CARAVANING in writing in a reliable manner and no later than TWENTY-FOUR HOURS of any incident, breakdown or accident occurring to the motorhome. The RENTER, or the companions authorized by TOP CARAVANING, will be the only ones authorized to drive the vehicle. The LESSEE declares to be aware that such clause is relevant due to the possible lack of insurance coverage in the event of an accident if such condition is not respected. In the same way, the LESSEE is aware that the insurance coverage is limited to drivers in the following circumstances: The express mention of this document does not mean that the LESSEE is not aware of and does not accept the general and particular conditions of the all-risk insurance of the vehicle, committing to respect all of them and not to engage in any behavior that could result in a lack of insurance coverage.
A) If the accident involved the fault or fraud of the LESSEE, even if there is shared fault, the LESSEE must pay the excess of €750 for each claim, under the conditions resulting from the policy. Whenever the insurer does not cover the repair or replacement and all the damages that have been caused to the owner, including lost profits, or does not cover them totally, the LESSEE must pay them in full. In the event of fault of the RENTER, he must also pay the days of immobilization of the vehicle at a rate of €50 per day and until the vehicle is repaired.
B) In the event that there is no fault or negligence on the part of the LESSEE, TOP CARAVANING will assume the payment of the franchise. Whenever the insurer does not cover the repair or replacement of the vehicle, TOP CARAVANING will assume its amount, as well as the damages suffered.
C) In any case, the sums paid by the insurer will be used, in the first place, to cover the costs of repairing and/or replacing the vehicle by the owner and to satisfy all the damages that TOP CARAVANING may having had, and, subsequently, once the owner is fully satisfied, the particular damages of the LESSEE will be addressed.
D) The LESSEE assumes any responsibility derived from the vehicle from today, including, but not limited to, damages to third parties or consequences of negligence or accident. The LESSEE agrees to indemnify, upon first demand, TOP CARAVANING for any damage, impairment, or claim that any third party, natural or legal person, insurer or administration, may claim against TOP CARAVANING, provided that the insurer totally or partially rejects such coverage. In the same way, the LESSEE knows that he must respect the traffic regulations and will also pay, upon first demand, all claims generated by TOP CARAVANING for driving under the influence of alcohol and/or other substances that affect the capacity and driving control, as well as for the infraction of any rule that results from application, or for any loss, damage, loss or event as a consequence of which TOP CARAVANING is claimed. The LESSEE will be obliged to pay, upon first demand, all the sums that are claimed against TOP CARAVANING during the term of the contract and until the satisfactory return of the vehicle.
E) The LESSEE, to the extent possible according to the circumstances of the case, undertakes to obtain all the data and circumstances of the vehicles and persons involved in the accident and to request the drawing up of the report and report from the authorities of traffic that are competent, in the best way that allows knowledge of the circumstances of the accident and its particularities.
SEVENTH - The transfer of the lease and driving by persons other than the LESSEE or persons authorized by TOP CARAVANING is prohibited.
EIGHTH - DURATION. The lease begins and ends according to the dates and times specified in the reservation document. If the return of the vehicle exceeds the contracted time by 1 hour, the LESSEE will pay €30 for each additional hour of delay. If the return is delayed more than 12 hours over the contracted time, the LESSEE will pay three times the daily rate for each day of delay and without prejudice to the greater amount that TOP CARAVANING could credit. In the event that the LESSEE unilaterally withdraws from the lease or in any way fails to comply with it, he must pay, in any case, all rents until the agreed duration is reached. TOP CARAVANING does not have the right to terminate the contract before the contracted term provided that the LESSEE fulfills all its obligations.
If the LESSEE does not return the vehicle in a perfectly clean state, such fact will generate the obligation to pay a penalty of €150. The vehicle must be returned with a full fuel tank and full Adblue Tank; otherwise, such fact will generate the obligation of payment by the LESSEE of a penalty of €200. In the event that the LESSEE, due to work or omission of due care of the vehicle, fills the drinking water tank with Diesel or with any other element other than water, or the Diesel tank with any other element that is not Diesel, will imply a penalty of €750 for the complexity and time of the repair and for rendering the vehicle unusable for rental. TOP CARAVANING must deliver the vehicle with the past revisions and up to date, with the levels within the tolerance margins, the vehicle services in good condition and duly clean inside, the gas bottle in a state of use, the sewage tank clean and the gray water tank empty. The LESSEE must return the vehicle with the sewage and gray water tanks completely empty. In case of not doing so, she will be obliged to pay a penalty of €150. It is expressly forbidden to smoke inside the motorhome; in case of doing so, the LESSEE must pay a penalty of €300. If the contract expires and possession of the vehicle is delivered, the LESSEE has left goods or belongings inside it, TOP CARAVANING may choose between making them theirs without further processing or, alternatively, proceeding to their extraction and destruction,
NINETH - RENT. The rental amount will be paid as follows: 30%, by bank card at the time of booking (with a minimum amount of €300). The rest will be automatically charged 15 days before the start of the rental to the same card on which the reservation was made. Cash payments will not be accepted. If the reservation is made after the 15th day prior to the departure date, 100% of the amount will be charged. All the amounts mentioned will be taxed with the corresponding VAT, which will be paid before the delivery of the vehicle, and, in addition, any other expense or tax levied on the lease. In case of deficiencies or problems with the vehicle, the obligation to pay the rent will not be suspended, unless its use is totally impossible. In the event of breakdowns in the electrical system or electrical appliances, the LESSEE must contact the technical service of the manufacturer of said appliances; At no time may the LESSEE request financial compensation, damages or losses from TOP CARAVANING for such breakdowns. If the LESSEE leaves the vehicle in another place other than the one agreed in the lease without the express authorization of TOP CARAVANING, he agrees to pay the costs involved in transporting it to its point of origin. The vehicle has comprehensive insurance with a deductible of €750per claim that does not include the personal effects of the LESSEE or his companions.
TENTH- CIRCULATION TAX. TOP CARAVANING has paid the vehicle's circulation tax, as indicated in this contract signed by the parties in proof of conformity.
ELEVENTH - DEPOSIT. The LESSEE will pay TOP CARAVANING, before the delivery of the vehicle, a deposit of €750 by credit card. That amount will only be returned upon termination of the contract, once the vehicle has been examined, prior settlement of the damages that may have occurred and without prejudice to the higher amounts that result. The LESSEE accepts the payment of the difference if the amount of the damage exceeds the value of the deposit deposited. In the event that the assessment of the damage is not possible immediately, TOP CARAVANING will have 30 days to make the return, if applicable, or claim the aforementioned difference of the amount of the damage.
TWELFTH - SANCTIONS. In the event that there are complaints and sanctions during the term of this contract and while possession of the LESSEE is maintained, the LESSEE must pay any charge generated by said concept, including surcharges, interest, coercive fines or any other concept that could result.
THIRTEENTH - The parties declare that this document is the product of their free negotiation and that they are fully satisfied with its content, without reservations of any kind, being the result of the conversations of the contracting parties and the exchange of conditions that, subject to the principle of freedom of pact they have reached, without it being in any way a contract of adhesion.
FOURTEENTH - All expenses and taxes derived from this contract, as well as from its execution and collection management, will be for the account and at the expense of the LESSEE.
FIFTEENTH - EARLY RESOLUTION. This contract may be terminated in advance in the event of breach by either party. In case of early resolution, TOP CARAVANING will have the right to collect the entire agreed rent and the other amounts provided in this document, including the tripled amount provided for in the event that the LESSEE does not return the possession immediately after the resolution of the contract. TOP CARAVANING's compliance ends with the delivery and availability of the good, so that its non-compliance is not possible. However, the LESSEE may recover the proportional part that results in the case of absolute impossibility of using the vehicle due to its breakdown and provided that such breakdown is not a direct or indirect, total or partial cause, of your intervention or that of the people with whom you travel or use the vehicle, in which case, you will not have the right to recover any amount.
SIXTEENTH - TOP CARAVANING may keep a copy of the vehicle keys and in the event that the LESSEE fails to comply with its obligations, proceed to remove it by its own means, without such behavior being reprehensible to TOP CARAVANING. The loss of the keys or documentation delivered with the vehicle will entail the RENTER the obligation to pay TOP CARAVANING a penalty of €250.
Each vehicle has a GPS location system installed for greater security and improved customer service.
SEVENTEENTH - The parties want that, in the case of legal litigation, the Court agrees as a precautionary measure without TOP CARAVANING's bail, the immediate delivery of the vehicle to its property, provided that it is claimed by TOP CARAVANING in case of appearance of breach of the LESSEE.
EIGHTEENTH - CANCELLATION POLICY
Valid for reservations made with vehicle departure from 01/01/2022 to 12/31/2022.
The cancellation of reservations by the LESSEE will not cause early cancellation expenses, as long as it is made before 15 days of the departure date. If the cancellation is made between 15 and 2 days before the departure date, 50% of the total rent will be charged as compensation or you can request a bonus worth 100% of the rent, valid for 1 year. If the client cancels the reservation less than 48 hours before the departure of the vehicle or does not show up on the day of departure, 100% of the total rental will be charged as compensation. In the event that the cause of cancellation during the penalty periods is for reasons of force majeure, understood as those circumstances beyond those who invoke it, abnormal and unforeseeable, whose consequences could not have been avoided despite having acted with due diligence, the LESSEE will be entitled to a refund of 100% of the amount paid or to receive a bonus for the same amount to enjoy the service on another date until 31 December of the current year without additional costs. In refunds by credit card, the expenses that may occur will be borne by the LESSEE.
Reciprocally, the cancellation of reservations by TOP CARAVANING will not cause any compensation, as long as the client is notified within 15 days of the departure date. In the event that the cancellation occurs between 2 and 14 days before the departure date, the amount paid up to that time will be refunded plus 50% as compensation. And if the cancellation occurs the day before the departure date, or the vehicle is not delivered on the day of departure, the amount paid up to that time will be refunded plus 100% as compensation. In returns by credit card, the expenses that may occur will be borne by TOP CARAVANING.
NINETEENTH - PERSONAL DATA PROTECTION.
In compliance with LOPD 15/1999 and the regulations that complement and develop it, the personal data of the LESSEE provided by him/her by virtue of this document, will be incorporated into an automated file whose ownership and responsibility is held by TOP CARAVANING, authorizing the LESSEE to the use and processing of said data in relation to the development of the agreed lease, as well as for computer and promotional purposes, expressly including those communications that, where appropriate, could be made by email.
The interested party may exercise the rights of access, rectification, cancellation and opposition with respect to their data, as well as revoke the authorizations granted at any time, by sending a communication to the registered office of TOP CARAVANING that appears in this document.
TWENTIETH - The parties expressly submit, for questions that may arise in the fulfillment or interpretation of this contract, to the Courts and Tribunals of the domicile of TOP CARAVANING.
And, for the record, in proof of conformity, they sign this document in duplicate, but for a single purpose, in the place and date of the contract.