Terms and conditions
These general conditions of contract regulate any vehicle reservation made at an official SOMPORT CARAVANING branch or through the following website www.somportcaravaning.com owned by Comercial Somport S.A. with CIF number A22025522, with address at C / Magantina nº11 HUESCA 22006.
The vehicle reservation service is subject to the general conditions stipulated by Comercial Somport s.a at the moment of the rental. Therefore, it is mandatory that the user reads the general conditions before the rental, which will be mentioned on the website of www.somportcaravaning.com and will also be physically present in any official branch of the company.
The essential characteristics of the vehicle and the procedures that must be followed for your reservation, are those described in these general conditions; so are those specific ones that are indicated on the screen during navigation, so that the user declares to know and accept the stipulated procedures as necessary to meet the conditions of the rental contract.
For the the rental vehicle service, users should follow the instructions that appear on the screen, which will require, among others, the following instructions:
- Selection of booking (place, collection and return dates, motorhome group and accessories).
- Completely cover the personal data form.
- Reading and acceptance of these general conditions.
- To validate a reservation for a vehicle, you must make a down payment/deposit of 35% of the total rental price. If the reservation date is equal to or less than 10 days from the date of collection of the vehicle, you must pay 100% of the total rental price of the reservation.
In the event that the renter makes a deposit and cancels the reservation, you will be charged a % of the total rent:
- 31 days before the first rental day: penalty of 25% of the total rent.
- Between 30 and 21 days before the first day of rental: penalty of 35% of the total rent.
- Between 20 and 11 days before the first rental day: penalty of 80% of the total.
- 10 business days before the first rental day: penalty of 100% of the total rent.
- Failure to show up the day of departure will result in the total loss of the reservation and the amount paid.
- If the pay for the rental is not made the day of the departure, the de facto company will cancel the contract, and the reservation will be annulled.
- The advance payment of 35% of the total rent to make the reservation implies the acceptance of all the conditions of the contract.
The remaining payment of the reservation must be made the day of the collection, in the chosen rental center. The payment can be made in cash or with a signed bank check.
It is mandatory that the Tenant gives a security deposit to the Landlord, before the start of the lease of the vehicle. The Landlord holds the aforementioned deposit as a guarantee of the payment obligations that the Renter has to assume. The deposit can be paid by the Renter with a VISA credit card.
On the day of departure, the Lessee will pay € 600 in the form of a deposit. The deposit will be returned when the motorhome will be returned, after being examined by the head of the workshop. In case of damage due to misuse, the head of the workshop will mention the amount that the customer must pay. If it is not possible to assess the damages immediately, the Landlord will have 30 days to return, where applicable, the amount of the remaining deposit, after deduction of the cost of repair of the damage or damage caused.
The deposit will be returned after the vehicle is examined by a specialist of the leasing company. In case of damage due to improper use, the specialist will mention the amount that the client must pay. This amount will be deducted from the deposited, and the lessee will accept the payment of the difference if the cost of the damage exceeds the value of the deposit. If it is not possible to assess the damages immediately, the landlord will have 30 days to make the settlement and return the deposit if applicable or claim the difference between it and the cost of the damage. In case of an accident, the amount of the insurance excess will also be deducted from the deposit.
The lessee expressly agrees to pay the lessor:
- At the time of the return of the vehicle, additional charges may arise from the application of these General Rental Conditions.
- Additional charges may arise if the vehicle is left in some other place or city, without the authorization of the lessor.
- The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic offense or any other kind, which are directed against the vehicle, the tenant or lessor, derived from the validity of this rental contract, unless that originated due to the landlord’s fault.
- In the event that, the vehicle was retained or seized, due to the lessee’s fault, all expenses shall be borne by the latter, including the loss of profit of the leasing company during the immobilization of the vehicle.
- Expenses incurred by the lessor (including attorneys’ fees and attorneys) in the claim of the amounts owed by the lessee under this contract.
- In an alleged litigation for any cause implied in the termination of the contract, both parties will submit to the jurisdiction of the courts of Vilafranca del Penedès.
- The vehicle has a comprehensive insurance with excess (does not include the personal effects of the tenant and companions). In case of accident or theft, the lessee will be responsible for the amount of € 600per claim.
- If the tenant is late with the payments, interest for delay will be applied in accordance with the legal provisions in force.
Any delay greater than 21 hours on the day of arrival, not agreed on with the company, will be penalized with 500 Euros per day. If the renter wants to extend the rent on the established dates, he / she must inform the reservation center by calling this number 974 240 284, at least 4 days in advance. The eventual confirmation of the extension will be subject to availability.
The lessee must previously authorize any change of the rental dates. Failure to comply with this condition entitles the lessor to take over the vehicle or judicially require it. The lessor reserves the right to obtain the return of the vehicle, at any time during the term of this contract, if its use contravenes the conditions of the contract.
Before starting the trip, the tenant is obliged to follow the instructions given by the technical staff at the point of delivery. Likewise, a delivery document (Check in) will with the status of the vehicle will be described and signed by both parties. The lessor may refuse to deliver the vehicle until the vehicle instruction has been performed.
When returning the vehicle, the tenant is obliged to carry out a final inspection of the motorhome together with the employees of the rental shop. A return certificate will be drawn up (Check out), which must be signed by the landlord and the tenant. Damages that are not included in the delivery certificate, but are detected at the time of returning the vehicle, will be borne by the tenant.
The deliveries and returns of vehicles will be made from Monday to Friday, during working hours and, as an exception, also on Saturdays from 9 a.m. to 1:00 p.m. The schedules that appear in the rental contract will be considered as agreed.
In the event that the tenant decides to start late or to terminate the rental in advance, he will not be entitled to a refund.
The customer has checked the vehicle and its facilities before making the payment, and acknowledges receiving them in full satisfaction, therefore, the breakdown of the vehicle or the malfunction of the same during the rental, will not give right to any compensation, refund or discount.
If the motorghome cannot be delivered on the agreed day, due to a force majeure event, the customer cannot demand compensation.
Conditions of the internal and external state in the return of the motorhome:
- The motorhomes will be returned with the wastewater tank (removable chemical wc /toilet) empty and clean. Otherwise, the amount of € 125 will have to be paid for cleaning.
- The motorhome must be returned with the interior collected and clean, in the same conditions of exit, and with the empty gray water tank. Otherwise, a penalty of € 200 will be applied for cleaning.
- The diesel fuel tank must also be returned full or failing, at the same level as at the time of departure. Otherwise, a penalty of € 2 / liter will be applied until reaching the same level as the exit.
- It must also be returned with the same equipment and extras as those it initially came with.
- The action of filling the drinking water tank with diesel or other fuel, or the deposit of diesel with water or other fuel, will imply a penalty of € 1000.
Drivers must have at least 2 years of driving experience. They must also possess the class B driving license and the national identity permit. In the case of not being a resident of the European Union, you must have an international driving license.
Only the lessee and drivers who have registered at the rental center and who comply with the regulations described above may drive the rented motorhome.
The motorhome cannot be collected if the driver doesn’t have a driver license that complies with the regulations mentioned above.
It should be noted that not all motorhomes available for rent have a weight below 3,500 kg. In this respect, you need the driving license C for vehicles over 3500 kg. It is the duty of the lessee to ensure that he can drive the reserved motorhome with the required driving license.
The lessee acknowledges that he receives the vehicle in perfect mechanical condition provided with the necessary documentation and with the appropriate tools, tires and accessories and is liable to keep it in good condition. The lessee has to respect at all times the obligations and limitations described in the current Traffic Code and is obliged to:
- Do not allow other people to drive other than those who are specifically authorized to do so
- Do not carry more passengers than those specified in the vehicle documentation
- Do not rehire or transport people for commercial purposes and any other use that is not included in the contract
- Do not transport any kind of merchandise, drugs, toxic or flammable products
- Do not to give its use to third parties and not to assist criminals
- Do not commit crimes, even if they are only punished according to the legislation in force at the scene of the events
- Do not drive the vehicle under the influence of 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, races or other tests that may damage it
- Do not use it to push or tow other vehicles or trailers
- Do not unseal or manipulate the odometer; one must immediately notify the landlord of any damage to it
- The lessor is authorized to drive with the leased vehicle only in the following countries: Austria, Albania, Andorra, Belgium, Bulgaria, Bosnia and Herzegovina, Belarus, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Spain, Estonia, France, Finland, United Kingdom of Great Britain and Northern Ireland, Greece, Hungary, Croatia, Italy, Israel, Islamic Republic of Iran, Ireland, Iceland, Luxembourg, Lithuania, Latvia, Malta, Morocco, Moldova, FYROM, Norway, Netherlands, Portugal, Poland, Romania, Russia, Sweden, Serbia, Slovak Republic, Slovenia, Tunisia, Turkey, Ukraine.
- If you travel to the countries indicated below, the customer must notify us one week in advance in order to cover all risk insurance not included in Albania, Macedonia, Bulgaria, Malta, Croatia, Morocco, Slovenia, Poland, Estonia, Romania, Iran, Israel and Turkey.
- It is expressly forbidden to travel to any country that are at war.
- Have the vehicle properly parked and guarded when it is not used and protect it from the deterioration of frost, hail or any other atmospheric phenomenon likely to cause major damage.
- It is expressly forbidden to the lessee to modify any technical characteristics of the vehicle, keys, locks, equipment, tools and / or accessories of the vehicle, as well as to make any modification of its exterior and / or interior appearance, unless there is expressed written authorization by the lessor. In case of infringement of this article, the lessee will bear all the costs of reconditioning the vehicle to its original condition, and must also pay compensation for the immobilization of the vehicle until its total repair.
- The vehicle must be properly cared for and treated, as well as properly closed. The technical standards must be taken into account, as well as the determining dispositions for the use. Check the condition of the vehicle, especially the water and oil level, as well as the tire pressure. The tenant agrees to check regularly if the rental motorhome is in perfect condition to move safely.
- Smoking is prohibited in all vehicles. Pets may be brought along as long as the landlord has given his express authorization. The expenses of cleaning, derived from any breach, will be borne by the tenant. Likewise, the latter must assume the expenses derived from the ventilation or the elimination of the smell of tobacco, including the losses generated by the impossibility of renting the vehicle for some time due to this reason.
- In case of checking that the provisions of the above points have been infringed, the lessor may immediately terminate the rental agreement.
- It is forbidden to assign the vehicle to any activity contrary to morals, laws and good customs. It is expressly forbidden to transport more people than the one allowed in the vehicle registration certificate in particular.
The rental prices are derived from the list of prices of the lessor, at the time of formalizing the contract. The minimum rental period established during certain times of the year is also derived from the list of prices of the lessor, at the time of signing the contract. A fixed and single amount will be charged for each rental, for the services rendered, the amount of which can also be found on the list of prices of the lessor, at the time of formalizing the contract.
The rental prices of the optional accessories are derived from the list of prices of the lessor, at the time of formalizing the contract.
The minimum rent in mid and low season is four days, in high season it is 8 days and in extra season it is 10 days.
The corresponding rental prices include: 21% VAT, unlimited mileage, all-risk insurance with excess, third-party liability insurance: damages caused to third parties, defense and criminal bonds, 24-hour travel assistance.
The rental period begins with the collection of the motorhome by the tenant at the rental center and ends with the collection of the vehicle by the employees of the rental center.
If the motorhome is returned after the expiration of the time agreed in writing, the landlord will compute € 26.00 per hour of delay (however, at most for each day of delay the price will be the corresponding € 250 per day). The lessee will assume the expenses derived from the fact that another lessee or another person enforces his rights in front of the lessor, due to a delay in the delivery of the vehicle, attributable to the lessee.
In case of returning the vehicle before the contracted rental period elapses, the full rental price agreed upon contractually must also be paid.
The motorhome is delivered with full fuel tank and thus must be returned. Otherwise, the lessor will charge € 2 gross per liter of diesel fuel. The hirer will bear the fuel and running costs during the rental period.
In order to return the vehicle to a center other than the collection center, a special agreement will be required with the lessor and payment of the corresponding amount to this service that will be agreed upon before the motorhome is collected. Likewise, in order to return the vehicle to another center different from the collection center, minimum conditions must be taken into account: more than 14 days of rent and an additional cost of 0.75 € per kilometer, between the vehicle’s location center and the collection center and between the return center and the home location center.
The rates do not include the costs of departure and set-up (gas + liquid wc + cable + + hose + revision): € 60.
In the event of an accident, theft, fire or damage caused by wild animals, the lessee must immediately inform the police and the landlord by calling the telephone number of the rental center (the telephone number is included in the rental agreement), at the latest the working day following the day of the accident. Contrary claims will not be accepted.
The responsibility for the event will never be acknowledged or prejudged, except for the “Friendly Accident Statement”. The lessee must obtain all the information from the opposing party and from the witnesses, which, along with the details of the accident, will be sent to the lessor within the time specified. Immediately notify the authorities of the accident if there is culpability of the opposing party. The accident part must be delivered duly completed and signed, at the latest, at the time of returning of the vehicle to the lessor. The document must include the name and address of the persons involved in the accident, their driving license data, the details of the opposite part, with the name of the Insurance Company and the policy number, the data of any witnesses, as well as the license plates of the insurance company of the affected vehicles.
In case of theft or robbery of the vehicle, one needs to report to the competent authorities immediately; also, communicate and send a copy of the report to the lessor, together with the keys of the vehicle, within a maximum period of 24 hours; Otherwise, the insurances and coverage contracted will be without effect.
Even in damages without contrary, regardless of its seriousness, the tenant must write a comprehensive written report for the landlord, along with a sketch. If the lessee does not prepare the report – no matter what the reason – and thus prevents the insurance company from paying the damages, the lessee will be obliged to pay the corresponding amount in full.
Do not abandon the vehicle without taking the appropriate measures to protect it and safeguard it. If necessary, contact, the Road Assistance Company contracted with the Insurer.
In case of default by the lessee of any of these measures, if applicable, the lessor may claim damages from the lessee due to negligence, including the loss of profit.
According to the principles of full-risk insurance, in case of comprehensive damage, the landlord will exempt the lessee from liability for material damage, with a deductible of € 600.00, which must be borne by the lessee.
Under no circumstances the lessee will be exempted from his responsibilities, be it civil, administrative, criminal or of any other nature that is the result of a loss or painful behavior.
Likewise, the lessee must respond in case of willful behavior in the following cases:
If the damage is due to reckless driving, due to the effects of drugs or alcohol.
If the tenant or driver to whom the tenant has left the vehicle, flees in the event of an accident.
If the lessee does not notify the police in the event of an accident, except in the case that this infraction has not influenced the verification of the reasons for the damage or the extent of the latter.
If the damages are due to a prohibited use described in section 6.
If the damages are due to an infraction of the obligation established in section 6.
If the damage has been caused by an unauthorized driver, to whom the tenant has left the vehicle.
If the damage has been caused by not taking into account the dimensions of the vehicle (height, width, length).
If the damages are due to a breach of the provisions concerning the additional charge.
The lessee will be liable for all expenses, fees, fines and sanctions related to the use of the vehicle, which are claimed from the lessor, except if it is due to causes attributable to the latter.
If there are more tenants, they will respond as joint debtors.
The lessor delivers the vehicle in perfect condition, having undergone all the checks and maintenance necessary for its proper operation. The lessor will not be responsible for mechanical failures or breakdowns due to normal deterioration, nor is it responsible for expenses, delays or damages in any way produced, directly or indirectly as a result of such failures or breakdowns.
If due to force majeure, fortuitous reasons or alien to the lessor, the vehicle could not be delivered on the agreed date, this will not entitle any compensation, except the return by the lessor to the tenant of the amount paid for reservation.
The lessor assumes no liability on the car of the lessee who is, as free parking, in the premises of the lessor during the rental period of the motorhome.
The landlord will respond unlimitedly in case of intent and gross negligence. If it is a case of slight negligence, the lessor will only respond in a limited way to the foreseeable damages established in the contract, to the extent that an obligation is breached which is of particular importance to achieve the purpose of the contract (cardinal obligation). This liability measure will also be valid in cases that obstacles arise for the provision of services when the contract is formalized.
The General Commercial Conditions exhibited at the rental center will be valid at the time the rental period starts.
Any substantial mechanical repair, which causes a paralysis of the vehicle, for a value of less than 120 euros will be the account and charge of the company, upon accreditation presenting the original invoice of the workshop.
The Commercial Somport S.A rental center is not responsible for the damages that may arise from:
- Delays or blockages in the Internet network caused by deficiencies or overloads, as well as in another electronic system.
- The impossibility of giving the service or allowing access for any reason.
- Interferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational functioning of this electronic system or in the computers and computer equipment of users.
- Any anomalous operation of the service for reasons beyond its control that prevents the reservation from being effective. Anomalous operation means the incorrect issuance of reservations or errors of any kind.
- Of the lack of stock or availability of vehicles to rent, due to sudden increase in reservations/ rentals, in which case, we would notify the client as soon as possible.
Policy of protection of personal data and commercial communications
Except in cases where it is indicated otherwise, the answers to the questions on Personal Data are obligatory, and the lack of answer will mean the impossibility of providing the rental service of motorhome or any other service available to the Renter on the page of www.somportcaravaning.com
Likewise, the commercial leasing company Somport S.A informs you about the possibility of exercising rights of access, rectification and cancellation and opposition by written request addressed to the manager. The leasing company undertakes to comply with its obligation of secrecy of personal data and its duty to keep them and take the necessary measures to prevent alteration, loss, or unauthorized access, taking into account at all times the state of the technology.
In the event that the reservation or online budget is not made effective, the leasing company will only keep personal data provided by the users expressly for the sending of commercial communications by any means, including electronic mail or equivalent means; if such consent is not revoked, proceeding to the cancellation of the remaining data provided for having lost the purpose for which they were collected, in accordance with the current data protection regulations.