1. Scope, Contents of Contract, Jurisdiction
1.1 The following Rental Terms and Conditions (Standard Terms and Conditions of Business, hereinafter referred to as "Terms and Conditions") of Campilider (hereinafter referred to as the "Rental Company") apply exclusively. Others Terms and conditions which contradict or deviate from the Standard Terms and Conditions of the Rental Company will not be recognised.
1.2 The sole subject of the contract with the Rental Company is the hiring out of the motorhome. The Rental Company is under no obligation to provide travel services, and in particular no package of travel services.
1.3 In the event of a booking, a rental contract will arise between the Rental Company and the Hirer(s) which is solely subject to Portuguese law. The Hirer will organise his journey himself and make use of the vehicle on his own responsibility. The rental contract is limited to a specific period as agreed.
1.4 All agreements between the Rental Company and the Hirer must be concluded in writing.
2. Minimum Age, Authorised Drivers
2.1 The Hirer and any other driver must be at least 23 years old. The Hirer and any other drivers must have been in possession of a Class B or comparable national driving licence for at least two years.
2.2 Please note that all the Rental Company‘s vehicles have a total weight of 3.5 tonnes or less and that to drive these vehicles an Class B or comparable national driving licence is required.
2.3 The vehicle may only be driven by the Hirer and the drivers authorized by him. Under exclusion of the covering of the insurance and, therefore, considered as not safe, the Customer agrees to not allowing that the vehicle is driven by persons who aren’t its companions and these can only drive since that the Customer is inside of the vehicle while they drive and since that each driver fulfil the described requirements in point 2.1.
2.4 The Hirer is under an obligation to record the names and addresses of all drivers to whom he entrusts the vehicle, for however short a time, and supply this information to the Rental Company on request. The Hirer bears the same responsibility for the actions of any driver to whom he supplies the vehicle as for his own.
3. Hire Charges and their Calculation, Rental Period
3.1 The hire charges applicable are those stated in the version of the Rental Company‘s price list in force at the time the contract is concluded. The minimum rental period is 3 days on low and mid seasons and 7 days on high season. The prices applicable are those for the season indicated in the price list within which the rental period booked falls.
3.2 The relevant hire charge includes unlimited mileage, insurance cover as described in Section 12.
3.3 The daily rates applicable will be charged for each calendar day completed or commenced during the rental period. The rental period will begin when the Hirer takes possession of the motorhome at the rental station and end when the rental station employee takes it back.
3.4 If the vehicle is returned after the time agreed in writing, the Rental Company will charge € 35 per hour completed or commenced (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the Rental Company on the grounds that a vehicle was supplied late must be borne by the Hirer.
3.5 If the vehicle is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid.
3.6 The motorhome will be supplied with a full tank and must be returned in the same condition. Otherwise, the Rental Company will charge per litre of diesel necessary to re-full the tank and a service fee of € 15. Fuel and running costs during the rental period must be borne by the Hirer. In case of different fuel type introduction of the used one for the vehicle, the Customer is responsible for the cleaning expenses to the integral substitution of the fuel, dismount and laundering of the deposit, refining of the engine and other possible damages to the vehicle, without opposition to its sums.
3.7 One-way rentals are only possible by special agreement.
4. Reservations and Changes to Bookings
4.1 Reservations are only binding after they have been confirmed by the Rental Company as described in Subsection 4.2, and then only for vehicle groups, not for vehicle types. This will apply even if a specific vehicle type is mentioned as an example in the description of the vehicle group.
4.2 Within of 2 days after the issue of a written confirmation of reservation by the rental company, a deposit of 30% must be paid. Only then will the reservation become binding on both parties. If the Hirer exceeds this deadline, the Rental company will cease to be bound by the reservation. In case of a withdrawal from the binding booking caused by the Hirer, a cancellation fees shall become due, calculated on the basis of the first confirmed booking.
4.3 Changes may be made to a reservation confirmed to the Hirer from the date of reservation until at least three days before the agreed commencement of the rental period, as long as the Rental Company has alternative capacity and the alternative booking corresponds in amount to the first. Later changes are not permitted. Campilider recommends a travel cancellation expenses insurance.
5. Terms of Payment, Security Deposit
5.1 The predicted hire charge, calculated on the basis of the booking details, must be received at least 16 days before the commencement of the hire in an account of the Rental Company to be notified to the Hirer, free of any charges.
5.2 The security deposit of € 1,500 must be deposited with the Rental Company, free of any charges, at the latest when the vehicle is collected.
5.3 In the case of short-notice bookings (less than16 days before hire commencement) the hire charge will be due immediately.
5.4 The Rental Company will reimburse the security deposit in a maximum of 8 days after the delivery day, as long as the vehicle is returned as required. Any charges incurred in addition to the hire charge paid in advance by the Hirer will be deducted from the security deposit when the vehicle is returned.
5.5 If the Hirer defaults on payment, interest will be charged in accordance with the statutory regulations in force.
6. Collection, Return
6.1 Before taking the wheel, the Hirer is under an obligation to take part in a detailed introduction to the vehicle by the Rental Company‘s experts at the collection centre. The Rental Company is entitled to refuse to hand over the vehicle until this introduction has taken place. If handover is delayed due to the fault of the Hirer, he must bear any costs incurred as a result.
6.2 Vehicles can be collected from Monday to Friday between 3 PM and 5 PM. They may be returned from Monday to Friday between 10 AM and 11 AM. On Saturdays collection and return are only possible by prior arrangement. This will incur an additional charge of € 40. The days of collection and return will be charged together as a single day, as long as a total of 24 hours is either not exceeded or only exceeded due to the fault of the Rental Company. In the case of incidence at distinct seasons, will be prevail the price of the pick-up day.
6.3 Vehicles are delivered clean and must be clean when they are returned. Rental Compeny will charge interior cleaning service € 100 and/or emptying of the toilet cartridge € 50 and/or emptying of the waste water tank € 45 if the cleaning of the interior and/or emptying of the toilet cartridge has only been carried out partially or not at all when the vehicle is returned.
7. Prohibited Use, Duty of Care
7.1 The Hirer is prohibited from using the vehicle as follows: to participate in motor sport events and vehicle tests, to transport easily inflammable, poisonous or otherwise dangerous substances, to commit Customs or other criminal offences, even if these are only punishable according to the law applicable in the place where the offence was committed, for rental to a third party or for the commercial transport of passengers or for any other use going beyond that agreed by contract, in particular driving on terrain not intended for the purpose.
7.2 The vehicle must be treated carefully and appropriately and properly locked on all occasions. The regulations and technical rules applicable to its use must be complied with. Its running condition, in particular oil and water levels and tyre pressure, must be monitored. The Hirer undertakes to check regularly to make sure that the vehicle is in a roadworthy condition.
7.3 All vehicles are non-smoking vehicles. The transport of pets is only permitted with the express consent of the Rental Company. Cleaning expenses of € 200, which result from nonobservance, have to be paid by the hirer.
8. What to Do in the Event of an Accident
8.1 After an accident, theft or damage by fire or collision, the police must be informed immediately and also the Rental Company via the Service Hotline +351 96 50 50 341 at the latest immediately after the working day following the day of the accident/incident. It is not permitted to accept any third-party claims as valid.
8.2 Even in the case of very slight damage, the Hirer must prepare a detailed written report for the Rental Company, including a sketch.
8.3 The accident report must in particular include the names and addresses of anyone involved and any witnesses, together with the licence numbers of all vehicles involved.
9. Journeys abroad
Journeys abroad within Europe are permitted. Journeys to countries outside of Europe are subject to the prior approval of the Rental Company. Journeys to areas affected by war or crisis are prohibited.
10. Defects in the Motorhome
10.1 Any claims to compensation by the Hirer on the basis of defects for which the Rental Company is not responsible are hereby excluded.
10.2 Any defects in the motorhome or its fittings/equipment which are discovered after the commencement of the hire must be reported to the Rental Company in writing by the Hirer within a maximum of four weeks after returning the vehicle. Any claims to compensation on the basis of defects reported later are hereby excluded.
11. Repairs, Substitute Vehicle
11.1 Repairs which are necessary in order to maintain the vehicle in a good working and roadworthy condition during the rental period may be ordered by the Hirer up to € 100 without consultation. Repairs going beyond this may only be ordered with the consent of the Rental Company. The Rental Company will bear repair costs on production of the original invoices and the parts replaced, as long as the Hirer is not liable for the damage pursuant to Section 12 below. This does not apply to tyre damage.
11.2 If a defect for which the Rental Company is responsible makes such a repair necessary, and if the Hirer does not rectify the defect on his own initiative, the Hirer must notify the Rental Company of the defect immediately and set a reasonable deadline for its repair. Any circumstances specific to a particular country (e.g. infrastructure) which delay the repair must be taken into account here to avoid disadvantage to the Rental Company.
11.3 If the motorhome is destroyed without any fault on the part of the Hirer or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, the Rental Company will be entitled to supply the Hirer with an equivalent substitute vehicle within a reasonable period. If the Rental Company supplies an equivalent substitute vehicle, nothing more could be claimed. If in such a case the Rental Company offers a motorhome from a lower price class and this is accepted by the Hirer, the Rental Company will reimburse to the Hirer the
difference between this and the price already paid in advance by the Hirer.
12. Hirer‘s Liability, Insurance
12.1 The Hirer will be liable for any loss/damage not covered by comprehensive insurance subject to a limit payable by the Hirer of € 1,500 per claim. This limit cannot be excluded.
12.2 If the Hirer causes loss/damage culpably, he will additionally be liable in the following cases:
a. if loss/damage was caused by impaired ability to drive due to drugs or alcohol;
b. if the Hirer or a driver to whom the Hirer has supplied the vehicle leaves the site of an accident without justification;
c. if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount;
d. if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount;
e. if loss/damage is due to usage prohibited by Subsection 7.1;
f. if loss/damage is due to a breach of an obligation imposed by Subsection 7.2;
g. if loss/damage is caused by an unauthorised driver to whom the Hirer has supplied the vehicle;
h. if loss/damage is due to a failure to take account of the vehicle‘s;
i. if loss/damage is due to a failure to comply with load regulations;
12.3 To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the Rental Company will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.
12.4 The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Company in connection with the use of the vehicle, unless these are incurred due to the fault of the Rental Company.
12.5 More than one Hirer will be generally and severally liable.
- The renter is always responsible to authorities for running after the contractual limits and assumes all responsibility concerning to infractions or others non accidental damages during the rental.
13. Rental Company's Liability, expiry by Limitation
13.1 The Rental Company bears unlimited liability for deliberate action and gross negligence. In the case of simple negligence the Rental Company is only liable for foreseeable loss/damage typical of the type of contract concerned where there is a breach of an obligation the meeting of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). This standard of liability also applies in cases of obstacles to performance at the time of the conclusion of the contract.
13.2 The above limitations and exclusions of liability do not apply to claims based on injury to life, limb or health or infringements of liberty.
13.3 Claims which are not excluded by Subsection 13.1, but only limited in size, will expire by limitation one year after the commencement of awareness or grossly negligent unawareness of the circumstances giving rise to the claim and the identity of the person liable. With the exception of claims for damages based on injury to life, limb or health or infringements of liberty, claims to damages will expire by limitation five years after they arise, regardless of awareness or grossly negligent unawareness.
14. Legal Venue
For all disputes arising out of or in connection with the hire contract for the motorhome, it is hereby agreed that the legal venue will be the Tribunal da Comarca de Vale de Cambra with express resignation to any another one.
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