TERMS AND GENERAL CONDITIONS OF RENTAL
Clause 1 – Scope of Application
The vehicle rental agreement is celebrated between 7K3-Consulting Unip., Lda (RENTAL COMPANY – hereinafter referred as ROADCAMPERS) and Client identified on Rental Agreement (hereinafter referred as HIRER), in accordance with the terms and general conditions and particular conditions specified in the Rental Agreement signed by both parties, without prejudice to any waiver or amendment made in writing.
Clause 2 – Reservations / Cancellations / Refunds
- Once HIRER confirms your booking, 50% of the total rental price will be charged, including taxes and fees.
- If the charge card is declined, your reservation will not be valid and you will not receive confirmation of the rental.
- The appropriate exchange rates will apply according to your payment method/bank fees.
- The remaining 50% of the rental amount must be paid at least 15 days before check in (start of rental). Failure to pay this amount will be considered a cancellation of the reservation.
- If HIRER wishes to make any changes to the reservation made, should contact ROADCAMPERS, subject to the availability of vehicles at that time.
- Any change to the reservation must be approved by ROADCAMPERS and formalized in writing, otherwise it will result in cancellation of the reservation.
- Cancellations – Flexible Cancellation Policy – In response to the COVID-19 outbreak, due to the challenging and uncertain times that we are facing, we have adjusted our Cancellation Policy allowing greater flexibility and security. For all existing bookings in 2020 or for new bookings to be executed: 7.1) If the cancellation occurs more than 2 days before the time of check-in, the Client will be entitled to receive a Voucher of the same total amount already paid, and it can be used without any time limitation. The Voucher can be used more than once until the entire amount has been used. If a trip is booked at a higher price than the remaining amount on the Voucher, it is only necessary to pay the difference in value in order to confirm a reservation. 7.2) If the cancellation of the reservation occurs less than 2 days before the time of check-in, the total amount of the order will be charged (if it has not yet been done), and you will not be eligible to receive a Voucher or refund. 7.3) The occurrence of unforeseen or inevitable events for which ROADCAMPERS have no responsibility (examples: war, natural disasters, pandemics and strikes) does not invalidate the full application of points 7.1 and 7.2.
Clause 3 – HIRER and Additional Drivers (Minimum age / Documents)
- Only the HIRER and additional drivers will be able to drive the vehicle. On the scheduled pick up time of the vehicle and signature of the rental agreement, must be presented: a) valid vehicle driver’s license to drive in Europe. If not resident in the U.E., it is need an international vehicle driver’s license b) Valid ID/Passport c) Credit card (Visa/Mastercard) to pay the security deposit (HIRER must be the owner of credit card with enough money for security deposit)
- Copies of driving licenses, IDs or credit cards are not accepted.
- Holding a valid European driving license is the responsibility of the HIRER.
- It is possible to add Additional Drivers, upon payment of an additional amount according to the current table price of ROADCAMPERS.
- Drivers must be at least 21 years old and have had a driving license for at least 3 years;
- If drivers are under 25 years, an additional charge will be required as per ROADCAMPERS table in force.
- In the event of non-compliance with the preceding paragraphs, the vehicle may not be delivered by applying the cancellation fees (point 7-clause 2).
Clause 4 – Rental Duration
- Vehicle rental costs are recorded per night.
- Late collections or early deliveries shall not entitle the HIRER to any reimbursement of the unused portion of the lease.
- Pre-arranged pick-ups or deliveries at HIRER’s request outside office hours are subject to an additional charge in accordance with the current ROADCAMPERS price list.
Clause 5 – Vehicle Pickup and Return
- The pick-up/return of the vehicle is done at ROADCAMPERS facilities or, upon request, at Lisbon Airport / Stations with a charge of €15/ transfer.
- Pick-up time at facilities: from 15:00-20: 00h (free) or from 20:00-24:00h (with an additional cost of 50 €);
- Return time at facilities: from 9:00-11:00 (free) or from 24:00 to 9:00 (with an additional charge of 50 €).
Clause 6 – Vehicle Conditions
- The HIRER acknowledges having received the vehicle in a good and clean conditions, in accordance with the check point “check in”, and with all equipment, accessories, documents of the vehicle and with tires in good condition, and committing to return the vehicle under the same conditions (including fuel level) at the location and date designated in the rental agreement.
- HIRER will return the vehicle in good condition, with the same amount of fuel existing at the time of collection and with all vehicle equipment operating normally, on the date, time and place of delivery set out in the Rental Agreement.
- Failure to comply with these criteria will result in additional charges to the HIRER in accordance with the current ROADCAMPERS price list.
- Any loss or damage to the rented extras, equipment or spare parts will be fully charged to the HIRER accordance with the ROADCAMPERS price list.
Clause 7 – Use of the Vehicle
- HIRER should use vehicle in a normal and prudent way (including reasonable measures for maintenance, such as oil, water, battery, tire pressure checks), comply with Law (in particular road code), ensure that vehicle is closed in a safe place when it is not being used, it does not leave inside the respective documents (without prejudice to be the carrier of them) and uses the appropriate fuel.
- HIRER shall contact ROADCAMPERS if the vehicle warning lights indicate any potential malfunction and / or any malfunction / malfunction of the vehicle.
- The HIRER agrees that, during the Rental Period, the vehicle will not be: a) Driven by an unidentified person or any other person that is not mentioned in the rental agreement. b) Driven in an imprudent and dangerous way. c) Driven by a person under the influence of alcohol or drugs or other that can reduce the capacity to drive. d) Left with the key inside the vehicle, while unoccupied. e) Damaged by submersion in water, contact with salt water, driving through flooded areas, beach driving and dirt roads. f) Used for any race, contest or any illegal activities. g) Used to tow any vehicle. h) Used to carry passengers or property for hire or reward. i) Used to carry more passengers than what is permitted by law. j) Used to carry volatile liquids, gases, explosives or other corrosive or inflammable material. k) Used for the purpose of transporting and haulage goods other then what might be reasonably expected of a leisure rental. l) Install accessories and advertising or commercial mentions. m) Damaged due to improper use of fuel n) Any consequence that results from the points above, will not be ROADCAMPERS responsibility and HIRER will be responsible for all costs.
- The HIRER acknowledges that ROADCAMPERS retains ownership of to the Vehicle at all times and shall not agree, attempt, offer or purport to sell, sub-let, lend or mortgage the vehicle to any other party.
- HIRER shall not make changes or additions to the vehicle without the prior written consent of ROADCAMPERS.
- Use of vehicle equipment by HIRER: a) In vehicles without solar panel, electrical devices (including refrigerator) shall not be connected to the battery for more than 4 hours in a row without charging it at least once a day at camping or other sources of 220V. HIRER will assume all liability inherent in misuse. b) In vehicles with cylinder cooker, the HIRER shall comply with the safety requirements with particular emphasis on after use, and remove the cylinder reducer; It is expressly forbidden to drive the vehicle with the gear unit connected to the cylinder. HIRER will assume all responsibility for misuse including possible leaks due to non-compliance with safety requirements.
- Pets: Pets are not allowed, so if you transport/stay pets inside the vehicle, ROADCAMPERS reserves the right to apply the Pet Fee of 100€. ROADCAMPERS is not responsible for any fines and / or legal fees related to the transportation of the pet inside the vehicle. Pet Fee only covers vehicle cleaning after rental. HIRER is responsible for any damage (inside or outside the vehicle) caused by the pet.
- Smoking and/or lighting inside the vehicle It is not allowed smoking and/or made fire inside the vehicle. In case of non-compliance, ROADCAMPERS reserves the right to charge the HIRER a penalty of 350€, plus all damages arising therefrom.
- The present agreement will be automatically resolved and the booking will be canceled without any need of judicial intervention, if the vehicle is used in any terms that constitute a violation of the present agreement. Additionally, ROAD CAMPERS reserves the right to recover the vehicle, at any time, without previous notice, and the HIRER is held responsible for all the charges involved.
- Gas Policy: ROADCAMPERS delivers the vehicle equipped with disposable gas cylinders. Additional gas cylinders can be purchased throughout the rental period at the HIRE’s expense.
Clause 8 – On road Assistance and Technical Issues
- Any problems with the vehicle, including equipment failure, HIRER must stop the vehicle and contact ROADCAMPERS that will indicate the appropriate procedure to follow. Failure to do so compromises ROADCAMPERS responsibility – please contact us before calling Travel Assistance and we will help you deal with the situation.
- In the event of a malfunction, the HIRER is not allowed to make repairs or alterations to the vehicle unless authorized by ROADCAMPERS and follow the exact instructions and the repairs must be detailed in the invoice indicating the parts replaced.
- If the vehicle is brought to a standstill due to mechanical damage or accident, and if it is not possible to repair it on site, ROADCAMPERS will send a trailer to transport the vehicle and the driver to the nearest depot of the ROADCAMPERS or repair shop..
- This service covers any technical or mechanical defect of the vehicle resulting from a manufacturing or material deficiency that directly renders the part in question unfit for operation during the warranty period. The following aspects are not covered by Travel Assistance, and the HIRER will be charged for towing/traveling expenses for: a) Lack of fuel in the vehicle; b) the keys are locked inside the vehicle, damaged (eg by moisture in the key), or lost; c) Batteries discharged due to misuse and/or misuse of any equipment that requires the batteries to function; d) Vehicle jammed off road or on dirt or sand roads; e) Damage caused by deliberate negligence. f) Assistance with changing tires.
- ROACAMPERS provides Travel Assistance 24 hours a day, outside office hours may take some time.
Clause 9 – Protection
ROADCAMPERS accepts no liability for personal injury sustained during the rental period and recommends that no valuables be left in the vehicle while the HIRER is absent from the vehicle. ROADCAMPERS is not responsible for any lost or stolen belongings during the rental period, nor for any damage to the vehicle due to accidental or weathered vandalism / break-in.
Clause 10 – Insurances coverage
- The vehicle has the compulsory liability insurance, against third-party vehicles and own damages.
- The vehicle is only insured covered during the contract stipulated duration. The ROADCAMPERS cannot be liable for any damage outside the rental duration, being the HIRER the only liable one.
3 The HIRER is liable for any damage sustained while in possession of the vehicle, up to the amount of the security deposit, considering all the exclusions described in clause 12 – Exclusions. All insurance options and security deposit only cover the first accident, incident or new damage, not each rental. If the vehicle show more than one damage, accident or incident during the rental period, the HIRER will be liable for the full amount of the repair for each additional damage. To cover the cost of any damages, ROADCAMPERS will captivate the full amount of the security deposit on the credit card associated with the HIRER
- If the HIRER violates any of the conditions stipulated in the terms of the rental agreement, all insurance options will be void, and the HIRER will be liable for the full cost of all damages.
- Insurances and options:
- Insurance Essential – On rental price it’s included. COVERAGE: 1 driver > 25 years old, with at least 3 years of driving license; drive in Portugal; Insurance against third parties and own damages; Unlimited km’s ; 24/7 assistance. HIRER is responsible for a maximum amount of 750€ (security deposit) in case of accident
- Insurance Top – subject to an additional daily rate according to the ROADCAMPERS price table. COVERAGE: 1 driver > 25 years old, with at least 3 years of driving license; drive in Portugal and Spain; Insurance against third parties and personal damages; Unlimited km’s; 24/7 assistance; Tire insurance (only 1); Safe glass (only 1 glass; excludes headlights, taillights, mirrors, skylights and solar panel); Occupant Insurance. HIRER is responsible for a maximum amount of 500€ (security deposit) in case of accident
- In any insurance, you can add Additional Drivers and/or driver under 25 years of age (at least with 3 years driving license), for an additional fee per day, as per ROADCAMPERS table price
6.Driving outside Portugal and Spain without Top insurance is a breach of contract and ROADCAMPERS cannot be held responsible for any damage, malfunction or other problem that occurs, the HIRER being solely responsible for repair costs and / or relocation of the vehicle, as well as any other expenses, costs, penalties or fees that ROADCAMPERS may incur. ROADCAMPERS reserves the right to charge HIRER a penalty of 500€ for each day the vehicle is used or in any country where the rental is not valid.
Clause 11 – Accident / Robbery / Misfortune
- In the event of an accident, theft, theft or other misfortune, the HIRER undertakes the following procedures: 1) Immediately contact ROADCAMPERS and call the law enforcement authorities; 2) Take photographs and obtain names and addresses of all persons involved, as well as witnesses, who can document what happened; 3) Fill out the friendly statement, together with other stakeholders involved; 4) Do not leave the vehicle without taking all measures relating to its safety and security; 5) Not assume any responsibility or plead guilty in the event of an accident that could hold ROADCAMPERS liable; 6) Immediately collect and send the friendly statement with details of other vehicles and drivers that may be involved, the authorities report and vehicle keys (in case of theft) to ROADCAMPERS.
- If the above point is not met, all insurance and risk coverage will not apply and the HIRER will be responsible for all expenses.
Clause 12 – Exclusions
The damages identified below are specifically excluded from any Insurance option and the HIRER will be responsible for all associated costs: a) any damage that has occurred, in case of breach of a clause of the contract, considering the conditions described in clause 7. b) any damage caused by intentional conduct, influence of alcohol, drugs or any substance that reduces driving ability. c) any lost/damaged/stolen personal items. d) if HIRER behaves carelessly or negligently in any way or fails to comply with local road rules, resulting in damage to the vehicle or property of third parties. e) The cost of repossessing or recovering the vehicle from any restricted, submerged, jammed or abandoned area. f) The cost of replacing keys that have been damaged, lost, stolen or locked inside the vehicle. g) Drivers not identified in the rental agreement or drivers with a canceled / expired driving license. h) for any costs associated with misuse of fuel. i) all damage to the vehicle body or above the windscreen line if there is no collision with third parties. j) All damage caused by collision with animals.
Clause 13 – Vehicle return
- The HIRER will return the vehicle at the end of the contract in accordance with the terms of the rental agreement, otherwise the contract will be considered breached.
- In order to change the place of delivery / date / time, the HIRER must first obtain written authorization from ROADCAMPERS. This change may involve additional costs, the amount of which will be communicated by the ROADCAMPERS reservation team. The cost applies to all cases, regardless of the reasons for the change
- In the absence of obtaining the above authorization and delivery of the vehicle outside the Rental Agreement, HIRER undertakes to pay ROADCAMPERS an extra fee three times higher than the rental fee (for each day of delay). , whole or fraction), which must be paid immediately upon delivery.
- If the vehicle is returned to a location other than the contracted, the HIRER is liable for any consequential damages caused to ROADCAMPERS.
- If the vehicle is not returned to a ROADCAMPERS employee, the HIRER will be liable for all loss or damage, including theft or theft of the vehicle.
- Vehicles are rented with equipment, which is identified and quantified in the Rental Agreement. If the return of any of these elements is absent or a return is made with an anomaly or irretrievable defect, the replacement cost of each item identified will be charged.
- A cleaning fee of 100€ will be charged if the vehicle is not returned in clean condition inside (no trash, sand, mud or any debris) and outside, clean kitchenware and refrigerator turned off and no food inside.
- If the vehicle is not returned with the same fuel level as at collection, the HIRER will be charged 30€ plus the missing fuel.
- In the event of defects or damage to the vehicle contrary to prudent and normal use, the HIRER shall compensate ROADCAMPERS for the respective cost of repair.
- ROADCAMPERS is not liable to the HIRER or any third party for loss, vandalism, theft, theft or any property damage left on the vehicle during and after the rental period.
Clause 14 – Liability/ Security Deposit/ After Rental Payments
- The security deposit can only be paid by credit card (Visa/Mastercard), and the credit card owner must be present at the pick-up of vehicle and sign agreement.
- At the vehicle delivery, the HIRER is required to pay the security deposit according to the chosen Insurance option. This amount will be held in the HIRER’s credit card to ensure the excess payment in the event of robbery or accident and any other vehicle damage during the rental period.
- If the security deposit amount is not authorized by the bank or by the credit card owner, the contract cannot be executed and the vehicle cannot be delivered. In this case, the regular cancelation policy will apply and the full booking amount will be charged to the HIRER.
- The security deposit will be returned to the HIRER 10 business days after end of the rental period, and after an inspection by a ROADCAMPERS member staff, who shall state the vehicle is in similar conditions compared to when it was collected.
- Vehicle damage and equipment/extras damage costs will be charged according to the ROADCAMPERS price table. The HIRER will also be liable for the period not rented during the vehicle reasonable repair time, according to the damages at issue.
- In case of an accident where the HIRER does not consider himself responsible, the ROADCAMPERS will hold the full amount of the security deposit until the insurance company states the responsibility.
- Any damages resulting from an abusive use of the vehicle which incur on a higher costs than the security deposit, HIRER will be responsible to pay the difference between those values.
- If the damage repair costs cannot be determined immediately, the ROADCAMPERS will hold the full amount of the security deposit. A portion of the excess can be refunded in case the final damage repair costs are lower than the amount paid.
- The HIRER agrees that the ROADCAMPERS is authorized to charge the credit card on file for any further amounts that may arise such as wild camping, parking tickets, fines, traffic offence penalties, tolls, damages to the vehicle (interior or exterior) and overdue amounts.
- ROADCAMPERS has the right to check any damage to the vehicle for 30 days after the last day of the rental agreement.
Clause 15 – Infractions
- HIRER undertakes to pay to the ROADCAMPERS all the amounts as a result of unlawful conduct, plus an administrative fee of 30€.
- In case ROADCAMPERS is notified by any public or private entity, to identify the HIRER due to any infraction, HIRER will pay an administrative fee of 25€.
Clause 16 – Payments
- The HIRER expressly undertakes to pay to ROAD CAMPERS the amounts agreed and upon request, according general and particular conditions of the rental agreement, namely:
- a) Rental price of the vehicle and extras, depending on the rental period and insurance option subscribed; b) Any charges related to personal accident insurance, glass breakage, additional accessories, and any other applicable expenses in accordance with the rates described in the rental contract; c) All taxes and levies charged on the rental price of the vehicle; d) All costs supported by ROAD CAMPERS that rise from the extra or legal recovery of the amounts owed by the HIRER, as a consequence of this contract. e) All unpaid invoices will be added interest, which is the highest legal rate plus a flat fee, corresponding to 20% of the unpaid amount and any compensation for occurred damages.
- The HIRER hereby gives its consent and express authorization to ROAD CAMPERS to fill and debit the amounts due on credit card.
- Without prejudice of the points above, ROAD CAMPERS may require to the HIRER one or more guarantors. If ROAD CAMPERS requires, then the guarantors will be duly identified, with all personal identification, under the specific conditions predefined, which assume the obligation of principal payers, guarantee and respond jointly for all obligations arising from rental agreement. The guarantors established from now on they waive the benefit of the prior exclusion provided for in article 638 of the Civil Code.
Clause 17 – Automatic Tolls (Via Verde – Portugal only)
- The vehicle rented are equipped with “Via Verde” device – only valid in Portugal.
- It is optional to use “Via Verde” device – if HIRER wants to use, just use “VIA VERDE” road on tollways. In this case, will be charged as will be charged the amount of tolls registered during the rental period, plus 1,5€/ day when it is used to cover administrative costs. This amount will be charged to the HIRERs credit card after the end of the rental period.
- If HIRER do not want use “VIA VERDE” device, then HIRER should not use “VIA VERDE” road on tollways.
- HIRER is responsible for maintenance of with “Via Verde” device and must keep it in perfect condition. Not allowed to remove the “VIA VERDE” device from vehicle, and must notify ROAD CAMPERS of any anomaly.
Clause 18 – Vehicles and brands
If, for any reason other than ROADCAMPERS ‘liability, such as a delay by the previous HIRER, accident, theft, malfunction or any other situation that compromises the delivery of the previously booked vehicle, it is not possible to deliver on the stipulated date, ROADCAMPERS may: 1) make available a vehicle of equivalent category, whose make, appearance and arrangement may vary. 2) Repay the HIRER the amount already paid, without any further compensation.
Clause 19 – Personal data
- According to the personal data protection legislation, ROAD CAMPERS as data controller, will process the personal data of the HIRER for: a) customer management; b) compliance with legal obligations; c) internal statistics.
2. The personal data collected will be kept by ROAD CAMPERS for the necessary strictly period of time to the purpose for which they are intended, without prejudice to the legislation in force.
- If you wish to modify or delete the information provided, you must send a written and justified communication to ROAD CAMPERS, for firstname.lastname@example.org
4. ROAD CAMPERS does not provide or make available to third parties the data of the HIRER for purposes not foreseen in its express intention, namely for profit and / or commercial purposes. It may, however, be required by law to formally disclose the information provided to the competent authorities.
Clause 20 – Final provisions
- This agreement constitutes the entire arrangement of the parties and there are no other oral undertakings, warranties or arrangements between the parties relating to the subject matter of liable as HIRER. Any charges are calculated in accordance with the Agreement and respective Terms and Conditions.
- When booking and paying the initial security deposit, the HIRER automatically agreed with ROADCAMPERS Terms and Conditions.
- The HIRER assures that all information supplied in relation with this agreement is truthful.
- The HIRER declares to know that the vehicle is equipped with a geolocation device (GPS) that can be used in case of breach of contract and/or border crossing.
- In the event of a legal dispute somehow related with this contract, the parties agree that the jurisdiction of Lisbon District Court will be applied.
- The parties agree that the addresses and contacts indicated in the contract are valid for the purpose of service and/or judicial or extrajudicial notification.
7. HIRER assures that all information provided in connection with this agreement is true.