1. RENTAL AGREEMENT
HOLIDAY RENT LIMITADA (the Lessor hereinafter) hereby rents the vehicle and Camper to the signing party (the Lessee hereinafter) - who has been duly identified in this Agreement. The make, model and other vehicle and Camper specifications are found in the front of this Agreement and, together with the terms and conditions of the attached Booking - deemed as an integral part of this document - are legally binding. The Lessee declares having received the vehicle and Camper in perfect mechanical and working order, with full equipment and accessories, license plate, registration, and technical inspection documents
2. PICK-UP AND DROP-OFF
The Lessor rents to the Lessee - person detailed and signatory in the front of this Agreement - the vehicle described herein which is delivered in perfect mechanical and bodywork condition, with the odometer sealed, and normal operating conditions, including all the accessories and items, set out herein. The Lessee acknowledges receipt at his entire satisfaction and is bound by everything stated in this Agreement or originating from it.
Furthermore, the Lessee declares under oath, to tell the truth about all the information provided regarding his identity, age, profession, marital status, address, physical and mental ability to drive and the possession of a legal license to drive automobiles or any other information provided. The Lessee will be solely responsible for any legal consequences arising from said false information.
The vehicle and Camper rental will only last for the period indicated in the Booking, ending on the date stated. Rentals rates are daily, not hourly. For this purpose, the business hours of the rental company shall mean one day. Vehicle check-out and return times are from 8:00 a.m. to 5:30 p.m. from Monday to Friday, and from 8:00 a.m. to 1:00 p.m. on Saturday. Sunday is not a working day for picking up or returning vehicles; should you urgently need to collect or return a vehicle there will be a €150 surcharge. The Lessor is hereby authorized to a 100% surcharge for each day of delay. It is compulsory for the Lessee to always drop-off the rental vehicle and Camper at the same place where the Lessor handed over the vehicle unless otherwise set forth in the respective Booking which is an integral part of this Rental Agreement. The vehicle and Camper must be returned in the same mechanical condition, bodywork, accessories, and operation as it was received and set forth in the check-out document signed by the parties, except for those parts and pieces subject to normal wear and tear, as set out in the standards of the manufacturer.
Public Holidays Surcharge
Pick-Up or Drop-Off on Sundays or public holiday has a Public Holidays Surcharge of €150:
2024: 1 January, 29-30 March, 1 May, 21 May, 20 June, 29 June, 16 July, 15 August, 18-20 September, 12 October, 31 October, 1 November, 8 December, 25 December.
2025: 1 January, 18-19 April, 1 May, 21 May, 20 June, 29 June, 16 July, 15 August, 18-19 September, 12 October, 31 October, 1 November, 8 December, 25 December.
3. DRIVERS
The vehicle and Camper described herein is for the sole and exclusive purpose of transporting the Lessee and accompanying persons; said vehicle can only be driven by the Lessee or under his absolute responsibility, by the driver or drivers authorized by the Lessor who must be described herein as a second driver, ensuring that any other person is precluded from using the rental vehicle.
4. TRAVELING ABROAD
The rental vehicle cannot leave the borders of the Republic of Chile without the Lessor’s prior written consent. Authorization costs for border crossing to Peru, Paraguay, Uruguay and Brazil: €180 for each country.
5. PROHIBITIONS AND OBLIGATIONS LESSEE
The following are prohibitions and/or obligations of the Lessee and, if applicable, of the drivers authorized by the Lessor:
1. Always drive the vehicle and Camper with the respective current driving license, legally issued by the competent authorities.
2. To drive the vehicle and Camper drank, under the influence of alcohol and/or drugs.
3. Profitable use of the vehicle and Camper.
4. Sub-letting the vehicle and/or Camper.
5. To contravene the Chilean law or the corresponding country where the vehicle and/or Camper is used. Using the vehicle and/or Camper for illegal purposes, especially with regards the traffic laws is prohibited.
6. To drive the vehicle outside of the borders of the Republic of Chile, save with the express written consent of the Lessor.
7. Using the rented vehicle to tow trailers, unless it is with the written authorization of the Lessor.
8. To exceed the vehicle and/or Camper’s payload rating capacity.
9. Check the levels of engine oil, radiator water, and the tire pressure regularly, and keep them in optimal operating conditions.
10. Keep the vehicle and Camper locked when not in it; keep the vehicle is an enclosed or supervised parking area.
11. To participate either directly or indirectly, in races or safety, endurance or speed tests with the vehicle and/or Camper.
12. Drive the vehicle and/or Camper on unauthorized roads and shall be responsible for the consequential damages.
13. To carry explosive or flammable materials, drugs or narcotics in the vehicle and/or Camper, even if the conveyance of the same is within the law.
14. Be liable for damages to persons or things caused by the vehicle and/or Camper while the vehicle is in the possession of the Lessee when such risks are not covered by the relevant insurance.
15. Be liable for damages caused to the vehicle and/or whilst it is in the physical or legal possession of the Lessee when such risks are not covered by the respective insurance.
16. Be liable for the damages caused to persons traveling inside the vehicle, during the time that the vehicle and/or Camper is in the physical or legal possession of the Lessee when such risks are not covered by the mandatory personal accident insurance (SOAP in Chile).
17. To pay traffic fines or for any other regulation contravention.
18. Be liable for all the illegal acts committed in the rental vehicle and/or Camper or with it.
19. In the event of a vehicle and/or Camper’s malfunction, immediately notify the Lessor for it to arrange the necessary repairs. Failure to notify shall mean that the Lessor will not reimburse any repairs expenses.
20. The use of the vehicle and/or Camper should be according to its specific technical data, whether for the transport of cargo, passengers or for different purposes than those specified in this Agreement.
21. It is the obligation of the Lessee to always correctly, appropriately and suitably use all devices, equipment and/or household appliances inside the Camper. It is the Lessee’s special duty to regularly check that the devices, equipment and/or appliances are switched off or disconnected when not in use. It is hereby expressly put on record that the Lessor may not be held accountable for the wrongful or improper use of said devices, equipment and/or appliances, as well as for any accident arising from such wrongful or improper use. Furthermore, the Lessor is released from any liability arising from the Lessor and/or any of his companions not having properly switched off and/or disconnected them, especially the gas operated appliances.
6. Lessee’s liabilities
1. To pay the rent set forth in the respective Booking –which is an integral part of the agreement for all legal purposes– also set out in this document, as well as additional costs such as additional fuel, surcharge, fines, repairs, offenses, fines/tickets or interest payable as prescribed herein. The rent will be due from the moment this document is signed as –from this time– the Lessee will be in full possession of the vehicle and Camper until the date that it is received to the full satisfaction of the Lessor.
2. To drop-off and return to the Lessor the rented vehicle and Camper, in the time and form agreed and for the period undertaken in the Agreement, as detailed herein and in the Booking document. The Lessee shall drop-off and return of vehicle and Camper in identical conditions as detailed in the check-out. The drop-off must be at the Lessor’s offices, within the period and time established in the Second clause. If the rental period has expired and the Lessee has not returned the vehicle and Camper, the Lessor will have the right to recover it from any place where it is located without the need for any legal or administrative action. In addition, the Lessor may start civil and criminal actions for the wrongful appropriation of the vehicle, without prejudice to other civil action involving compensation for damages affecting the Lessor.
3. To notify the competent authority (Chilean Police) and the Lessor in the event of accident or theft, the Insurance Company - if applicable - with a simple Sworn Declaration, within eight (8) hours of having taken place; being liable, in any event, for abandoning the vehicle and/or Camper and all damages affecting the Lessor due to the actions or responsibility of the Lessee or authorized drivers.
4. To pay at the end of the contract –no matter what the cause may be– all damages to the vehicle and/or Camper caused by its actions or responsibility, or for missing accessories, spare parts, and parts.
5. To ensure full payment of the rental, damages, insurance premium, fines, tickets, offenses, loss, and other applicable payments guarantee, in a timely manner, due fulfillment of the contract with a Lessee’s credit card voucher.
7. RELEASE OF RESPONSIBILITY
The Lessee releases the Lessor from all responsibility for traffic law contraventions and offenses committed by himself or authorized drivers.
8. CONTRACTUAL OBLIGATIONS
The Lessee is overall responsible for all his contractual obligations and is liable for any slight negligence or fault. He shall be extremely diligent or careful.
9. PERSONAL BELONGINGS
The Lessor is not responsible for personal belongings forgotten by the Lessee in the car, or at its offices, or for damages or deterioration while they were in the vehicle and/or Camper.
10. MILEAGE
As the mileage for which the payment of vehicle rental must be calculated is determined by the reading of the factory installed speedometer, if at the end of the rental Agreement the same is damaged or the protection for said speedometer is broken, the parties agree that the amount relating to rental per mile (kilometer in Chile), will be calculated on the basis of five hundred (500) kilometers per day during the period the vehicle and Camper was at the Lessee’s disposal.
11. AGREEMENT BREACH AND CONTRACT ENDING
The breach, contravention or non-compliance with any of the obligations of this Agreement, grant the Lessor the right to unilaterally end the contract; mere verbal communication shall be enough, and the Lessor may recover the vehicle and Camper from the place where it is located, without any legal or administrative action, as well as start all criminal and civil actions arising from this Agreement and legislation.
12. JURISDICTION
For legal purposes, the parties hereby set their domicile in the city of Santiago, granting jurisdiction to the ordinary courts of justice.
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