Terms and Conditions

Terms and Conditions

From the beginning of the efforts to make the reservation of a motorhome, the rental conditions are applicable and become part of the lease agreement that will be signed between both parties, the lessor Jorge Morales Valenzuela, hereinafter A Happy Van, and you tenant, henceforth customer. 
Please read these commercial conditions carefully, as they are unavoidable. 

1. Scope, content of the contract and applicable law. Only the following general commercial conditions of the company A Happy Van are valid. Those client conditions that differ or are contrary to them will not be accepted. The latter will also be valid when the motorhome is rented without reservation to the customer. The purpose of the contract formalized with the client is, only, the delivery in rental regime of the motorhome and, where appropriate, of the extra or optional accessories offered by A Happy Van and reserved by the client beforehand. At the time of delivery of the vehicle, a rental agreement between the client and A Happy Van will be formalized, governed exclusively by Spanish law, by the general conditions contained herein and by the special conditions agreed between the parties. The client will organize his trip himself and use the vehicle at his own risk. The rental agreement will be limited to the duration agreed by the parties. All agreements between A Happy Van and the client will be made in writing, either electronically, postally or in person. 

2. Minimum age and authorized drivers. The client and each of the drivers must be at least 25 years old, and be in possession of the current Class B driving license and more than two years old or the equivalent national permit. If you are not a resident of the EU, you must be in possession of the current international driving license. To be able to deliver the motorhome, it is absolutely necessary that the client and the driver present the driver's license and valid passport / ID. In the event that the delivery is delayed for not presenting these documents, said delay must be assumed by the client. If the aforementioned documentation could not be submitted at the agreed time to make the delivery or within a reasonable period of time, the lessor will be authorized to cancel the contract. The cancellation conditions established will apply. At the time of the reservation of the vehicle, the client and the mentioned drivers will be obliged to send to the company a valid copy of the following documents: - National identity document, in the absence of a passport. - European driving license, failing international driving license. - Invoice or updated receipt of domestic supply (telephone, water, electricity ...) confirming your address. At the time of vehicle collection it will be mandatory to present the originals of said documentation. All authorized drivers will have personal responsibility for any legal infraction incurred during the rental period. The client undertakes to respond to the economic consequences derived from any personal infraction committed during the duration of the rental, in the following twelve months. 

3. Prices and rental duration. The rental prices are derived from the lessor's price list in force at the time of signing the contract, and the minimum rental period established per season. For each rental a fixed and unique amount will be charged for the services provided. The rental prices of the optional accessories are derived from the company's price list at the time of formalizing the reservation. The rental prices include: 21% VAT, unlimited mileage for rentals of more than seven days in high season, full insurance with excess and roadside assistance in case of breakdown. For rentals for periods of less than seven days, a maximum of 200 km per day is allowed, with a cost of € 0.25 for each kilometer exceeded, or the option of choosing unlimited mileage for € 15 more per day, for rentals of seven days or more, out of high season. The rental period begins with the collection of the motorhome by the client at the agreed place and ends with the delivery of the motorhome by the client at the time and at the agreed place. If the motorhome is not returned after the agreed time has elapsed in writing, the customer will pay the amount of € 10 for the first hour of delay and € 20 for each subsequent hour. In addition, the client will assume the expenses derived from the fact that another client enforces his rights against the lessor due to a delay in the delivery of the vehicle by the previous client. In the event that the customer does not return the vehicle on the agreed day and time, after 4 hours of non-compliance, if there is no knowledge of the delay, A Happy Van will make the corresponding report of theft, damages and losses before the Police and the Justice. In the case of returning the vehicle before the rental period has elapsed, the full price of the agreed rental must also be paid. The motorhome is delivered with a full fuel tank and must be returned. Otherwise, the company will charge the customer the missing percentage, based on a total of € 200. The vehicle's fuel is only DIESEL, so all expenses incurred as a result of using a different fuel will be charged to the customer. The loss of keys by the customer involves the payment of € 100 to replace them. The loss of the documentation by the client entails the payment of € 150. Both will be deducted from the deposit. Reservations will only be binding after the confirmation of the company and the subsequent payment by the customer of the deposit of 30% of the total reservation. The company reserves the right to transfer the vehicle reserved by the customer to another of a similar or higher range. Once the company has delivered the written confirmation of the reservation, the customer must pay a minimum deposit of 30% of the total amount of the rental price in a maximum period of two working days. From this moment the reservation will be binding for both parties. In the event that the client does not meet this deadline, it is understood that no reservation has been made by the client, which exempts the company from any responsibility. In the event that the client terminates the binding reservation, the latter must pay the following cancellation fees calculated from the first confirmed reservation: - Up to 30 days before the start of the rental, 15% of the total rental price. - Between 30 and 16 days before the start of the rental, 30% of the total rental price. - Less than 15 days before the start of the rental, 75% of the total rental price. - On the same day of the rental or in case of not picking up the vehicle, 100% of the total rental price. 

4. Payment conditions. Bond. The rental price must be paid in full 20 days before the rental start date. Only payments by bank transfer or cash are accepted. All payments will be made in EUROS. When collecting the vehicle, the customer must pay the amount of € 600 or € 900 (depending on the motorhome model reserved) as a deposit and as a guarantee of the faithful fulfillment of the obligations of the lease. In case of reservations with a term less than 20 days from the beginning of the rental, the deposit and the entire rent will be paid immediately. The deposit will be returned after the vehicle is examined by a person in charge of the company, which in case of damage due to misuse, will determine the amount that the customer must pay. This amount will be deducted from the deposit deposited. In case it is not possible to assess the damages immediately, the company will have 30 days to settle and return the deposit if applicable. In the event of an accident, the amount of the insurance franchise will also be deducted from the deposit. The deposit will be used to cover the cost of any loss or damage of equipment, accessories, extras, repairs or negligent damage to the vehicle. 

5. Delivery and return of the vehicle. Before starting the trip, the client is obliged to follow the instructions given by the company's technical staff at the point of delivery. Likewise, a delivery document will be prepared in which the state of the vehicle will be described and both parties must sign. Upon returning the vehicle, the customer has the obligation to carry out a final review of the motorhome together with the company's staff. A return certificate will be drawn up; Damages that are not included in the delivery certificate, but that are detected at the time of delivery, will be borne by the customer. The motorhome pick-up time will be the one agreed between the two parties, and the delivery time will be made before 20.00 hrs on the day the rental ends, unless another delivery schedule has been agreed. Delays in the delivery of the motorhome will be penalized as set forth above. If the client wishes to extend the rental, he must request it at least three days before the end of the contract, and the amount corresponding to said extension must be paid before the initial rental end date. The eventual confirmation of the extension will be subject to the availability that the company has at that time, therefore the latter does not assume any prior commitment. In the return of the vehicle for the end of the rental, in which the customer is not present in the inspection of the vehicle for reasons attributable to him, and damages are seen in the vehicle, the lessee accepts the valuation of the damages by the personnel of the company. The vehicle will be returned clean and with empty wastewater and WC deposits. Otherwise, a supplement of € 40 will be charged for cleaning if necessary, € 20 for wastewater and € 50 for sewage (WC). The drinking water tank must also be returned completely full, under the same conditions in which it was delivered, under penalty of € 20. Filling the drinking water tank with diesel or other fuel, or the diesel tank with water or other fuel, will imply a penalty of € 750. 

6. Prohibited uses, maintenance and protection obligations. The customer acknowledges that he receives the vehicle in perfect mechanical conditions, provided with the necessary documentation and with the appropriate tools, tires and accessories, and undertakes to keep it in good condition. Likewise, it undertakes to respect at all times the obligations and limitations described in the current Traffic Code. And it is obliged to: Not allow other persons to drive it than themselves or those expressly authorized. Do not carry more passengers than those specified in the vehicle documentation. Do not carry more passengers than those enrolled in the contract. In the case of checking that passengers have been omitted to avoid paying the supplement, double the usual price, € 10 / day per person will be deducted from the deposit. Do not rent or transport people for commercial purposes and any other use that is not included in the contract. Do not transport any type of prohibited merchandise, drugs, toxic or flammable products. Do not commit crimes, even if they are only punished according to the legislation in force at the scene. Do not drive the vehicle in inferior physical conditions motivated by alcohol, drugs, fatigue or illness. Do not travel outside the road network, or in any unsuitable terrain, or participate with the vehicle in sports, endurance, racing or other tests that may damage it. Do not use to tow or push other vehicles. Do not travel outside the following countries without the express authorization of the company: Germany, Andorra, Austria, Belgium, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Slovak Republic, Slovenia, Spain, Finland, France, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland. In case of traveling through Portugal, the client must bring the proof of payment of tolls, otherwise € 200 of the deposit would be withheld until checking that there are no toll payment debts. It is expressly forbidden to travel to any country that is at war or war. Have the vehicle properly parked when not in use and protect it from frost damage, hail or any other atmospheric phenomenon that could cause significant damage. Smoking is prohibited in all vehicles and lighting candles inside. Pets may be taken (dogs or cats only) provided A Happy Van has given authorization. Cleaning costs arising from non-compliance will be borne by the customer. In case of verifying that the provisions of the previous sections have been violated, the company may terminate the contract immediately, request the return of the vehicle and the client will be obliged to pay the entire lease as well as the expenses mentioned in the previous points. . 

7. Behavior to follow in case of accident. In the event of an accident, theft, fire or damage caused by game animals, the customer must immediately inform the police and the company, calling the rental center telephone number in the contract. The responsibility for the act will never be acknowledged or prejudged, except for the "Friendly Declaration of Accidents." The client must obtain all the data of the opposing party and the witnesses, who along with the details of the accident will forward to the company. Immediately notify the authorities of the accident if there is guilt of the opposing party. The accident report must be duly completed and signed at the latest when the vehicle is delivered. The document must include the name and address of the persons involved, their driver's license data, the data of the opposite with the name of the Insurance Company and the policy number, the data of the possible witnesses, as well as the license plates of The vehicles involved. In case of theft or theft of the vehicle, the competent authority will be reported immediately, communicating it and sending a copy of the complaint to the company, along with the vehicle keys. In damages without opposite, independently of the gravity, the client will have to write up for the company an extensive report in writing along with a sketch. Do not leave the vehicle without taking appropriate measures to protect and safeguard it. If necessary, contact the Roadside Assistance Company contracted with the Insurer. The normal mechanical wear of the vehicle is assumed by the rental company. When the duration of the route or the condition of the roads so advise, the necessary maintenance operations will be carried out in an official service of the chassis-engine brand. Stop the vehicle as soon as possible when any indicator that indicates an anomaly in the operation of the vehicle is illuminated, having to contact the company or the Insurer. The customer may order those repairs that are necessary to ensure safety during the operation and circulation of the vehicle during the rental period, provided they do not exceed € 150. This will only require the approval of the company. This will bear the cost of the repair, provided that the original proof of repair and the changed parts are delivered, provided that the customer is not liable for the damage. Damage affecting the tires is excluded from this standard. In the event of any breakdown of the elements of the cabin, the customer must notify the company from whom he will receive the appropriate instructions for repair. In the event that the motorhome suffers serious damage or it is anticipated that it cannot be used for a long period of time, for reasons beyond the control of the company, if it had the possibility of making a vehicle available to the customer within a reasonable period of time. equal number of places or higher, a termination of the contract would be excluded. In the previous case, the customer being guilty of motorhome damage, the company may refuse to offer a replacement vehicle. 8. Customer responsibility. Comprehensive insurance. According to the principles of all-risk insurance, in case of integral damages, the company will exempt the client from the responsibility of the material damages, with a franchise of  900€, which the client must assume. The client will not be exempted from their civil, administrative, criminal or other responsibilities that are the result of an accident or wrongdoing. The client will be responsible for all expenses, fees, fines and penalties related to the use of the vehicle that is claimed from the company. 

9. Responsibility of the rental company. The company delivers the vehicle in perfect condition, having performed all the checks and maintenance necessary for its proper operation. It will not be responsible for mechanical failures or breakdowns due to its normal deterioration, nor is it responsible for expenses, delays or damages produced, directly or indirectly, as a result of such failures or breakdowns. If for reasons of force majeure, the vehicle could not be delivered on the agreed date, this will not entitle any compensation, except for the return of the amount paid as a reservation. The company assumes no responsibility to the customer about the car that is, as a free parking lot, at the company's premises during the rental period of the motorhome. These “General Rental Conditions” link the parties from the initial moment of making the reservation and are an integral part of the vehicle lease. 10. Jurisdiction. In case of disputes arising or related to any of the acts related to the reservation or rental contract of the motorhome, it is agreed that the jurisdiction is that of the Courts and Tribunals of the city of Marbella (Spain).
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