GENERAL RENTAL CONDITIONS FOR RENTING A MOTORHOME
Dear customer,
With the conclusion of an agreement for the booking of a camper van, the following general terms and conditions, in as far effectively agreed, become content of the agreement reached between Rental company station hereinafter called "lessor"- and you.
PLEASE READ THESE GENERAL TERMS AND CONDITIONS THROUGH CAREFULLY!
1. Applicable law, position of the customer, content of the agreement
1.1 The object of the agreement is exclusively the rental of the camper van. The lessor does not owe any travel services and in particular no travel services as a whole.
1.2 In the event of a booking, an agreement is reached between lessor and the renter(s) which is exclusively subject to Greek law, namely primarily the provisions of this agreement - and in an auxiliary capacity the legal regulations on rental agreements.
1.3 The renter organizes his journey himself and is personally responsible for his use of the vehicle.
1.4 The collection and return report to be completed in full and signed by the renter and the collection station also forms an integral part of the rental contract.
2. Minimum age, maximum age and driving license
The renter and drivers must be at least 23 years old. The driver must be up to 75 years of age. A driving license Class B or equivalent for vehicles with a total permissible weight of up to 3,500 kg is required. Drivers must have held a driving license for a minimum of 3 years.
3. Rental charges, insurance
3.1 Rental charges are based on the prices given in the price list valid on the date of the agreement unless a special price has been agreed and the rental price agreement is not based on an obvious error. Each day is charged according to the season in which it falls.
3.2 The rental charges include: Fully comprehensive cover with a maximum excess amount of €1,000 per damage claim. Liability insurance towards third parties with unlimited cover damage or loss in property, for personal injury with cover, breakdown recovery insurance services, unlimited mileage, cancellation insurance, maintenance and repairs for normal wear and tear necessary during the rental period, provided they are not traceable to incorrect use. Fuel and other running costs are to be paid by the renter.
3.3 The vehicle will be handed over with a specified percentage of fuel in the fuel tank and should be returned in the same state. Otherwise a flat charge of €15 gross plus €1 per liter will be due in addition to the fuel costs for filling up the tank. The same applies to the cleaning of the vehicle, the camper should be returned at the same state as it was in the pick-up.
3.4 The daily rates are charged for each period of 24 hours commenced. Rental charges cover the time from the collection of the vehicle to the return to the collection point. One-way rentals are only possible on request and against a fee. A penalty of €25 per hour commenced is payable for time between expiry of the rental agreement and the return of your vehicle (maximum penalty is daily rental charge) and will pass on to you any claims for compensation made to us by subsequent renters of other persons due to a delay in handing over the vehicle. In general there is no consent of the lessor to automatic conversion to a rental agreement of unlimited duration if use is continued. The collection of the vehicle is done at 13:00 at our station. The time of the collection can be extended if the renter chooses to pick-up the camper away from our station. The return of the vehicle is done up to 10:00 and if the renter chooses to drop-off the vehicle at another place it has to be done before 10:00 (depending the place of the drop-off) in order for our company to prepare it for the next renter(s).
3.5 If the vehicle is returned before the end of the agreed rental period, the full rental charge as stated in the agreement is to be paid, unless the vehicle can be rented out to other persons. In accordance with the valid price list at the time, the prescribed minimal rental period during certain seasons is to be observed.
3.6 The renter is liable for all fees, charges, fines and penalties charged to the lessor in connection with the use of the vehicle, unless they are caused by the fault of the lessor.
4. Reservation, Cancellation and Rebooking
4.1 Camper Van reservations are only binding after written confirmation by the lessor and exclusively for vehicle groups, not for vehicle models.
4.2. After the written confirmation is received, an initial payment of the 30% of the total cost (bank transfer) is to be made within 10 days. The reservation is then binding for both sides. If payment is not effected within this period, the lessor is no longer bound by the reservation. The remaining balance of the rental charge is to be paid at the pick-up of the vehicle.
4.3 If the renter withdraws from the binding reservation, cancellation fees will apply according to the time remaining until the start of the rental, as stated in the 'Cancellation Fees' chapter.
4.4 The reservation confirmed to the renter can be rebooked by the renter up to 30 days before the agreed commencement date of the rental period, provided that other dates are available. Any cancellation fee is always calculated on the basis of the first confirmed reservation. Later rebooking is, if at all possible, only allowed following cancellation according to the conditions under clause 4.3 and subsequent new booking.
5. Payment conditions, Security Deposit
5.1 The security deposit of €1,000 must be paid on collection of the vehicle either by cash or by a preliminary approval of credit card.
5.2 The security deposit is returnable on return in proper condition and after final invoicing by the rental company station.
5.3 If the renter falls into arrears with his payment obligations, interest on arrears will be charged according to the valid statutory regulations. The renter can provide evidence of lower damages from arrears.
6. Liability, Fully Comprehensive Insurance Cover
6.1 Should the vehicle be lost or damaged, or the contract be breached, the renter is generally liable under the terms of the general liability regulations.
6.2 The parties to the agreement agree to waiver liability within the scope of a motor vehicle insurance policy with an excess of €1000 (third party insurance). The renter is only liable for damage within the scope of the waiver of liability if he/she or his/her agents have not caused the damage through gross negligence or intent. The renter is also liable for damage:
a. If he/she fails to submit notification of the damage to the rental company by the required deadline, submits notification of the damage in incomplete form or containing incorrect details as required of the renter in accordance with subparagraph 8;
b. If he/she or his/her agents have failed to stop after an accident, have failed to report an accident to the police or have given incorrect details concerning the circumstances of an accident, insofar as this is detrimental to the legitimate interests of the rental company in ascertaining the details of the damage, and this breach of duty is due neither to intent nor to gross negligence. In the case of a grossly negligent breach of these obligations, the waiver of liability remains in force insofar as the breach of these obligations has influenced neither the ascertainment of the extent of the insurance liability by the rental company's insurer nor the assertion of damage claims.
6.3 The waiver of liability does not apply to the agreed excess. It applies only for the rental period.
6.4 The renter and his/her agents are personally liable for traffic offenses and breaches of regulations. The rental company is exempted from liability for any costs and fees incurred.
6.5 Damage to brakes, clutch plate, furniture and electronic devices in the interior of the vehicle, operational damage and simple breakages are not accident damage. An agreed waiver of liability under the terms of subparagraph 6.2 does not apply to damage of this nature.
6.6 The regulations apply to the authorized driver as well as to the renter. The contractually agreed waiver of liability does not apply to any unauthorized driver of the vehicle.
7. Record of Return, Reporting Faults
7.1 The renter is required to return the vehicle in the condition stipulated in the contract.
7.2 The renter is required to report to the place of hire any faults in the vehicle or its fittings discovered immediately after the rental period has begun.
7.3 The renter may not make claims of any sort if the faults justified by such claims are not recorded in writing and in detail in the return checklist.
8. Procedure in the Event of an Accident
8.1 In the event of an accident, fire, theft, damage caused by malicious damages or any other damage, the renter is required to report the matter to the police immediately. Claims of opposing parties must not be recognized.
8.2 Further, the renter is required to notify the rental company of the accident in advance without delay. He is also required to inform the rental company in as much detail as possible of the circumstances of the accident, without delay using the accident report to be found with the vehicle documents and to be filled out as fully and as carefully as possible so that the rental company can fulfill its obligation to report the accident to the insurer within one week of the accident.
9. Repairs
9.1 The renter may authorize any repairs necessary to guarantee the operational and road safety of the vehicle up to a value of €50 without prior consultation. Major repairs above this value may only be authorized with the consent of the place of hire.
9.2 The repair costs will be reimbursed by the place of hire on presentation of the relevant original receipts as well as the replaced parts provided that the renter is not responsible for the damage (see paragraph 6).
9.3 Damage claims for faults existing before the contractual agreement was concluded and for which the rental company is not responsible will not be recognized.
9.4 The renter is free to provide evidence that no damage or only slight damage has been incurred.
10. Authorized Drivers
10.1 The vehicle may only be driven by the renter himself/herself and those drivers named in the rental agreement, insofar as they are of the legal minimum driving age and in possession of a driving license under the terms of subparagraph 2.
10.2 The renter is required to record the names and addresses of all drivers to whom he/she gives the vehicle, including for any temporary period, and to inform the rental company of these on request. The renter is responsible for the actions of each driver, including his/her own.
11. Prohibited Use
11.1 The renter is not permitted to use the vehicle:
to take part in any motor sports events or vehicle tests;
to transport flammable, poisonous or any other dangerous materials;
to commit customs or any other criminal offenses, even if these are only punishable according to the law of the place where they were committed;
for subletting;
for other uses beyond and above the contractually agreed use, in particular on land not designed for driving.
11.2 The vehicle is to be treated carefully, used for the purpose for which it is designed and to be duly locked. The regulations relating to use of the vehicle and technical rules are to be observed and maintenance intervals adhered to. The renter undertakes to carry out regular checks to ensure that the vehicle is in roadworthy condition.
11.3 The vehicle is not allowed to travel on non-asphalt roads.
12. Smoking Ban
Smoking inside the vehicle is not allowed.
13. Collection, Return
13.1 The renter is obliged to participate in a thorough introduction to the vehicle by our experts in the collection station before the journey begins, and to follow return procedures together with the station employees.
13.2 Collection: Monday to Sunday between 8 a.m to 8 p.m. Return: Monday to Sunday between 8 a.m to 8 p.m. For collection or return after the specified hours there will be an additional charge of €40. Before return of the vehicle, it must be cleaned properly inside by the renter. If this is not the case, the renter will be charged €50. If the toilet has to be clean partly or fully by the lessor, the renter will be charged €80. The return of the vehicle is confirmed by signature on the return report.
13.3 The rental station can withhold the vehicle until the detailed introduction to the vehicle has been carried out. Any costs arising from delays in the return are paid by the renter.
14. Replacement Vehicle
If the reserved vehicle cannot be supplied at the rental station, the lessor reserves the right to provide a vehicle of similar size and similar equipped, or a larger vehicle. In this case, no additional rental costs are incurred by the customer. If a smaller vehicle is offered and it is accepted by the renter, the price difference between the two vehicles will be refunded. If additional costs arise due to the provision of a larger vehicle, such as ferry and toll charges or running costs, these are paid by the renter.
15. Travelling Abroad
Travelling abroad and outside of Crete is forbidden unless there is an agreement with the lessor.
16. Limitation of Liability
The liability for material defects for redress and rental reduction claims is limited to a maximum of 10% of the total rental cost.
17. Exclusion Date, Statute of limitations
17.1 Claims due to non - fulfillment of the rental according to the terms of the contract must be made in writing by the renter within one month after return of the vehicle to the rental station as stated in the agreement. After expiry of this period, claims can only be assertive failure to adhere to the date is not based on fault.
17.2 Contractual claims to the renter, also those arising from the breach of pre-contractual, post-contractual and incidental obligations by the lessor fall under the statute of limitations in six months after the return stated in the agreement. If the renter has asserted such claims, the prescriptive period is suspended to the day on which the lessor rejects the claims in writing.
17.3 The assignment of claims from the rental agreement to third parties, also to spouses or other fellow passengers, is excluded, as is the assertion of such claims in the renter's own name.
18. Storage and Passing on of Personal Data
18.1 The renter consents Rental Company and the associated rental station storing his personal data.
18.2 The lessor may pass on these data via the central warning ring to third parties having a justified interest, if the information given for rental is incorrect in important points or the rented vehicle is not returned within 24 hours after expiry of the rental period (including any agreed extensions) or rental claims have to be asserted by means of legal collection proceedings. In addition, data can be passed to all authorities responsible for the pursuit of infringements and criminal offences if the renter has acted dishonestly grounds or sufficient exist. This applies, for example, to the provision of false information for rental, presentation of false personal documents or those reported as lost, failure to return the vehicle, failure to give notification of a technical defect, traffic offences and the like.
19. Place of jurisdiction
For all disputes arising from or over this agreement, the place of jurisdiction is agreed as the registered office of the lessor provided that the renter has no general place of jurisdiction in the country or after conclusion of the agreement moves his place of residence or usual place of abode abroad or his place of residence or usual place of abode is not known at the time the action is filed, if the renter is a trader or a person as defined in 38 para. 1 ZPO (Greek Code of Civil Procedure).
20. Final Provisions
All agreements must be made in writing. Should any individual provision of this contract be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected. Any invalid provisions are to be reinterpreted so that they fulfill the purpose intended Mandatory regulations remain unaffected and are agreed as such. Rental of a Camper Van is based on a rental agreement and not on any bundled services (travel services).
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