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GENERAL CONDITIONS FOR CAR RENTAL WITHOUT DRIVER

ACTIVANS provides you with the copies of the rental contract previously completed to make the arrangements between renter and tenant faster.

A copy of the contract will be given to the tenant, either by email or physically, once the rent has been paid and the copies of the contract document signed.

During the rental period and throughout its duration it is the obligation of the tenant to carry the copy that has been delivered to him either on paper or in digital version.

The data in the contract must correspond exactly with the real data of the persons involved, the tenant being responsible for the veracity of such data.

1 Conclusion and reservation of the contract

The contracting parties of this contract are the renter ACTIVANS and the tenant mentioned in the rental agreement.

By paying the reservation fee of 50% of the rental price, the tenant confirms receipt and acceptance of the general conditions and cancellation policy contained in the rental agreement.

The rental contract is only concluded after the written confirmation, which ACTIVANS sends to the tenant and after payment of the indicated reservation.

The scope of the contractual service is exclusively determined by the reservation offer, the details of the rental contract, of which these general conditions, the delivery and return protocol, the provisions on insurance coverage, the price list for minor damages and additional services are an integral part.

2 Payment

Payment of the rental reservation (50% of the total rental price) must be made within seven working days of sending the reservation offer by bank transfer to the following account or by credit card payment. Checks of any kind are not accepted.

Account holder: ACTIVANS
IBAN: ES45 0049 3997 6223 1400 1340
BIC/ SWIFT: BSCHESMM
Bank: Banco Santander

Concept: Reservation number

The outstanding balance of 50% of the rental price must be paid by bank transfer to the indicated account or by credit card payment 14 days before the start of the trip/pick up of the vehicle at ACTIVANS facilities.

If the period between the conclusion of the contract and the start of the trip/pick up of the vehicle is less than 14 days, the full rental price must be paid immediately after the conclusion of the contract.

ACTIVANS accepts payments exclusively in Euros. In case of conversion costs, these will be charged to the tenant.

3 Cancellation and reimbursement

The withdrawal of the tenant, which is notified at least 60 days before the beginning of the rental period, corresponds to a mutually agreed cancellation of the rental contract without further charges.

If ACTIVANS terminates the contract before the expiry of the above-mentioned period, the tenant cannot claim any costs or damages resulting from the termination of the rental contract.

If the tenant terminates the lease in the following periods, the following portions of the agreed rental price are paid as cancellation charges:

• Cancellation up to 60 days before the start of the rental period is free of charge.
• Cancellation between 30 and 59 days before the start of the rental period = 25% of the rental price
• Cancellation between 29 and 15 days before the start of the rental = 50% of the rental price
• Cancellation between 14 and 7 days before the start of the rental = 80% of the rental price
• Cancellation between 6 days before the start of the rental = 100% of the rental price
• Cancellation or no collection on the day of delivery = 100% of the rental price

ACTIVANS can withdraw from the rental agreement if exceptional, unavoidable circumstances prevent the fulfilment of the contract. In this case, ACTIVANS must declare the withdrawal immediately after knowing the reason for it and loses the right to the agreed rental price and must return it within 14 days after the withdrawal.

4 rental duration

The nights of the rental period are calculated.

The high season is from June 15 to October 12, both inclusive. In high season the minimum rental period is 7 nights, and the vehicle can only be rented from Saturday to Saturday.

The mid-season is from October 13^th to January 09^th, both inclusive and from March 27^th to June 14^th, both inclusive.
The low season is from January 10^th to March 26^th both inclusive.
In low- and mid- season the minimum rental period is 2 nights and ACTIVANS can respond flexibly to the wishes of the tenant according to availability.
 

5 Pick-Up of the vehicle

Location:

The pick-up and return of the vehicle is carried out at the following ACTIVANS address:

Carrer Orriols-L'Escala KM 16.5, 17137 Viladamat, Province of Girona, Spain

At the request of the tenant, ACTIVANS can deliver the vehicle to another location, in this case the tenant must request the delivery service from ACTIVANS at least 14 days before the collection/delivery of the vehicle.

Delivery service to Barcelona airport is 150 €.
Delivery service to Perpignan central station or airport is 150 €.
Delivery service to Girona main station or airport is 80 €.
Delivery service in Figueres to train or bus station or Vilafant train station for express trains is 50 €.

Timetable:

The pick-up of the rental vehicle takes place on the first day of rental between 14:00 and 18:00.

ACTIVANS requires a written or telephone notification from the tenant about the approximate arrival at the pick-up place, which must take place within the mentioned timetable.

If the tenant is late (after 18:00), ACTIVANS reserves the right to charge a fee for late pick-up.

The vehicle must always be collected in daylight.

In the event of a delay in the pick-up time that prevents its delivery in daylight, it will be postponed to the following day from 08:00 onwards, without ACTIVANS being responsible for the loss of the rental night, and the rental will be calculated from the day of scheduled delivery, even if it differs from the day of actual delivery.

Documents to be presented by the tenant at pick-up:

The tenant, who is registered as a driver in the rental contract, must present the following documents when picking up the vehicle:

• The tenant and all other drivers must be over 25 years of age and hold a valid and current class B or class III driving licence for at least 2 years. Photocopies will not be accepted.
•  If the tenant is in possession of a non-European driving licence, he must apply for an international driving licence in his home country before starting the journey, which must be presented when picking up the vehicle.
• The tenant must present a valid and current passport or identity card. Photocopies will not be accepted.
• The tenant must present a current bill (electricity / water / telephone) or a current registration certificate confirming his place of residence.
•  To collect the vehicle, the amount of the deposit / excess, which has been contractually agreed in advance, must be paid by credit card (Visa / Master Card). EC - or Maestro cards are not accepted. The cardholder must be present.

If the tenant is unable to present one or more of the above documents and requirements at the time of pick-up it is considered equivalent to cancellation of the trip, which is 100% at the tenant's expense, as it would be equivalent to a breach of contract on the last day of the contract "no pick-up on the day of delivery".

Deposit:

At the beginning of the rental contract ACTIVANS will also charge a deposit on the same credit card with which the payment is made. This deposit amount will be used as a security measure in case of incidents that may occur to the vehicle during the contractual rental period, as well as to pay any penalties that may be incurred by the tenant during the duration of the contract.

Penalties are understood to be non-compliance with the clauses of the contract, external or internal damage to the vehicle and its accessories, fines or penalties, including administrative penalties, improper use of the vehicle, its components or accessories. The deposit will be 2000.00 €.

It is proposed to lower the deposit to 900.00 € by paying the "Easy Riding" insurance. (see chapter 10)

Delivery protocol:

The vehicle may only be driven by the tenant or the driver specified in the rental agreement. The tenant is responsible for the fault of the additional driver named by him.

The vehicle is delivered in technically perfect condition, clean, with a full freshwater tank, a full tank of windshield washer fluid and a full tank of diesel fuel. In addition, the vehicle was checked for correct tyre pressure, oil level and AdBlue level.

Defects are recorded in a delivery protocol and signed by both parties. If ACTIVANS had ignored or forgotten to mention a problem in the delivery protocol, the tenant has the possibility to inform ACTIVANS up to a distance of 20 km. ACTIVANS will record the defect in the delivery protocol.

In case the reserved vehicle is not available in the short term for any reason, ACTIVANS has the right to provide a replacement vehicle of this or higher price group.

6 Return of the vehicle

Location:

The return is made to the following address of ACTIVANS:

Carrer Orriols-L'Escala KM 16.5, 17137 Viladamat, Province of Girona, Spain

At the request of the tenant, ACTIVANS can collect the vehicle from another location, in this case the tenant must request the return-service from ACTIVANS at least 14 days before the collection/delivery of the vehicle.

Return service at Barcelona airport is 150 €.
Return service from Perpignan central station or airport is 150 €.
Return service from Girona main station or airport is 80 €.
Return service from Figueres to train or bus station or Vilafant train station for express trains is 50 €.

Timetable:

The return of the rental vehicle takes place between 8:00 and 11:00 on the last day of the rental.

ACTIVANS needs a written or telephone notification from the tenant about the approximate arrival at the place of return, which must take place in the mentioned period.

If the time of return is exceeded by more than one hour, the tenant is obliged, without prejudice to any other liability, to pay compensation of 30 € per hour for the period of the excess; in case of exceeding 3 hours, the equivalent of one additional day of rent will be charged as a penalty.

If the rented vehicle is returned before the agreed return time, the total price of the rental agreed in the contract is maintained. There is no right to a refund of part of the rental price.

Condition of the vehicle:

The vehicle was delivered at the beginning of the rental period in a damage free, clean and fully fuelled state. The tenant is obliged to return the vehicle in the same condition at the end of the rental period to the place of delivery by ACTIVANS. Detailed information about this:

• The fuel tank must be full.
  If the tenant fails to comply with his obligation to fill the tank, ACTIVANS will
  charge 2 €/ litre of diesel.
• The wastewater tank (grey water) and the WC tank (black water) must be empty.
  If the tenant fails to comply with his obligation to empty the WC, ACTIVANS will charge a flat fee of 150 €.
• The vehicle must be cleaned inside and outside.
  If the tenant fails to comply with his obligation to clean the vehicle in whole or in part, a lump sum cleaning fee of at least 200 € must be paid.

            Exterior: The campervan must be free of mud and dirt.

            Interior:
           - Cleaned with a vacuum cleaner to remove any grains of sand.
           - The refrigerator must be empty and clean.
           - Dishes must be washed and stored in their place.
           - Cupboards and drawers must be empty and clean
              (no food scraps or crumbs)
           - Bedding, towels and kitchen cloths should be placed together
              in the bathroom.

Damage to the vehicle and its interior, as well as loss of individual equipment components or additional rented items are charged according to the inventory price list.

Free mileage:

The rental price includes 250 free kilometres per day for a rental period of up to 14 days. All kilometres driven beyond this will be charged to the tenant at 0.30 € per kilometre. From the 15th day of the rental period, all kilometres driven are free of charge.

Fines:

The tenant is liable for violations during the rental period. For the processing of fines or violations due to speeding, unpaid tolls, incorrect parking, etc., ACTIVANS will charge an administrative fee of 25 €. The deposit will be used to pay the corresponding amount if the fine is received within 15 days after the return of the vehicle. Otherwise, the tenant expressly authorizes ACTIVANS to use the credit card used for the deposit. Also, ACTIVANS accepts a bank transfer from the tenant to pay the fine and the administration fee.

Return protocol:

The tenant is obliged to make a final check of the vehicle together with ACTIVANS when returning it. A return protocol will be made, which must be signed by ACTIVANS and the tenant. If a damage is proved that was not in the delivery protocol, it is assumed that the tenant is responsible for it, unless he proves that the damage already existed when the vehicle was delivered.

Refund of the deposit:

The deposit will be returned to the tenant by credit card within 15 days of the delivery of the vehicle if it is returned according to the contract, free of defects and on time. The applicable exchange rates are the responsibility of the tenant.

The return of the deposit does not exonerate the tenant from liability for hidden defects or defects that were not immediately detected when returning the vehicle, lost items, damages and pending rental claims, as well as claims for damages due to improper use.


7 Dog transport

ACTIVANS is aware that the faithful friend and companion also wants to travel. Therefore, you can carry a dog of a maximum of 20 KG. No other pets or companion animals are accepted.

ACTIVANS charges an additional fee of 12 € per rental day.

The tenant of the vehicle is obliged to bring the bed and bowls etc. for his dog.

In addition, the tenant is obliged to ensure that his dog travels safely and that he complies with the animal's vaccination protocol in the territory to which it is travelling. The tenant is responsible for any damage caused by the dog in the vehicle.

8 Use of the vehicle: maintenance, protection and prohibited use obligations

All ACTIVANS vehicles are non-smoking vehicles.

The tenant's / driver’s duty of care:

• The tenant undertakes to handle the vehicle with care and caution, to drive with consideration and not to culpably violate traffic laws.
• The vehicle must be properly parked and locked during each stop.
• The vehicle must not be overloaded, i.e. the total permissible weight must not exceed 3.5t. If this is the case, the tenant shall bear all possible costs and expenses.
• Fuel -/ oil 0W30 (Fiat) or 5W30 (Peugeot) / AdBlue / water level (coolant, windscreen washer water) must be regularly checked by the tenant and, if necessary, filled at his expense. The tyre pressure and battery level must also be checked regularly.
• If an indicator light indicates a possible fault, the tenant must take the necessary measures according to the operating instructions and contact ACTIVANS if necessary.
• If the wrong fuel is used, the fuel tank is filled with water by mistake or the wrong motor oil is filled, the tenant is liable for the costs of towing the vehicle and/or repairing the damage.
• The tenant must be careful not to fill the water tank with diesel fuel by mistake. The water system cannot be cleaned. It must be completely replaced. These are tanks, boilers, pumps, taps, and pipes.
• It is essential that the tenant respects the maximum prescribed clearance heights (2.70 m) and widths (2.35 m).
• The tenant is obliged to adequately secure the cargo so that no damage is caused to the vehicle and this does not represent a risk for the persons travelling in the vehicle. This applies especially to sports equipment, whether owned or rented from ACTIVANS.
• The tenant is obliged to avoid damage to the vehicle roof. The awning should never be left unattended and extended at night. Rain and/or strong wind can cause the awning to fall over, bend, etc. The costs for a new awning and damage to the vehicle, including installation, must be borne by the tenant in case of default.
• The tenant must follow the rules of non-smoking in the rented vehicle.
  If a violation is detected upon returning the vehicle (due to odour, burns, e.g. on the tires or furniture, etc.), ACTIVANS will charge at least 500 EUR.

Prohibited uses

The tenant is prohibited from using the vehicle in the following manner:

• The vehicle may be driven by an unidentified person or any other person not listed in the lease contract.
• Driving the vehicle in a state not suitable for driving. Especially, but not conclusively, under the influence of alcohol or other intoxicating substances.
• Leaving the ignition key in the parked vehicle.
• Driving in flooded areas, on beaches, in salt water or on other roads, e.g. off-road, which are not intended for this purpose.
• Participating in sports events, races, competitions, and vehicle tests.
• Subletting, transferring to third parties or for immoral purposes.
• Transport of passengers for payment, transport of cargo or more than the permitted number of persons.
• Transport of all types of animals, live or dead, except for pre-registered pets (dog / 12 euros per day)
• Transport of goods of any kind that deviates from the ideas of using a caravan.
• Transport of explosive, flammable, toxic, radioactive, or other hazardous materials.
• Pulling or towing another vehicle.
• Driving outside European borders.

In addition, the tenant acknowledges that ACTIVANS always retains ownership of the vehicle rented by him/her.  The tenant is prohibited from offering the vehicle for sale, accepting an offer, or even intending to sell, sublease, lend or pledge the vehicle to a third party.

The tenant may not make any changes or additions to the vehicle without express written permission of ACTIVANS.

The rental contract is automatically cancelled, and the reservation is terminated without legal intervention if the vehicle is used in such a way that a breach of this agreement is discovered. In addition, ACTIVANS reserves the right to pick up the vehicle at any time without prior notice. The tenant is responsible for all associated costs.

The tenant is responsible, without any limitation, if damage to the vehicle and its accessories occurs for the reasons listed in clause 8. The resulting costs and fees must be paid by the tenant in full, even if they exceed the contractually agreed deposit.

9 Breakdown and repair service in the event of a technical problem with the vehicle

The occurrence of any vehicle-related problem, including equipment malfunction, material or manufacturing defect, must be reported immediately so that ACTIVANS has the opportunity to correct this problem during the rental period and provide the tenant with the best possible assistance.

Any failure to comply with this obligation may jeopardise the liability of ACTIVANS.

ACTIVANS offers a road assistance service, during office hours from 08:00-18:00 we are available daily at the following number: 0034 647943434 (Ronan) or by e-mail info@activans.com. Outside office hours there may be delays.

The tenant may not leave the vehicle alone in a vehicle park without having taken the necessary measures for its protection and safety.

The tenant must inform ACTIVANS in advance of the planned route and may only drive the vehicle within European borders. There is no insurance coverage outside these limits.

However, the tenant assumes full responsibility and costs of the towing or return transport service if the cause of the damage is due to the following reasons:

• The vehicle has run out of fuel.
• The keys have remained in the locked vehicle, have been lost or damaged (moisture on the key)
• Empty batteries due to improper use of batteries and/or improper use of devices that benefit from battery power.
• The vehicle has broken down on a road (beach, flooded area, etc.)
• The vehicle breaks down due to deliberate misconduct of the tenant (see Chapter 8).
• The vehicle is located in non-European territory.

Repairs may be ordered only with the express written consent of ACTIVANS. Repair costs may be advanced by ACTIVANS upon presentation of the corresponding receipts, which will be compensated from the tenant's deposit. Repairs may only be carried out in authorised workshops (Peugeot or Fiat, depending on the rented vehicle), and the manufacturer's guarantees and conditions must be respected.

If the damage cannot be repaired immediately or shortly by means of a short-term repair, both contracting parties have the right to terminate the contract without notice. The tenant remains obliged to pay the agreed rent until the defect occurs.

10 Vehicle insurance

The vehicles are insured against all risks. The tenant will have to pay a sum of money for any damage incurred from the moment of handing over the keys.

The amount may be reduced depending on the insurance purchased ("Standard" or "Easy Riding" insurance)

Standard insurance:

If the tenant opts for "Standard" insurance, he is liable for a maximum of 2,000 EUR per claim to cover the costs of repairs and possible damage to the vehicle.

ACTIVANS reserves the right to retain all or part of this amount on the registered credit card for payment of the excess.  The Standard package includes compulsory insurance of the vehicle, damages to third parties, 24-hour assistance in Spain and Europe, driver’s & passenger protection, liability, fire, natural disasters, 1 driver and maximum 250 km/day.

Easy Riding Insurance:

If the tenant has chosen an "Easy Riding" insurance, he/she will be responsible for a maximum of 900 EUR to cover the costs and possible damages to the vehicle. This insurance covers, in addition to the "Standard" package, coverage of windows, 2 drivers and unlimited mileage in Spain and Europe. ACTIVANS reserves the right to retain all or part of this amount on the credit card associated with the tenant's file in the event of damage.

If the tenant violates any of the conditions or clauses of the contract, the insurance will be cancelled, and the tenant will be responsible for the total cost of the damages.

In the event of an accident or collision with an accident report, ACTIVANS will retain the deposit in full, until the insurance letter indicating the responsibility or otherwise of the renter is received, or until receipt of repair costs.

11 Liability of the tenant in case of an accident, theft of the vehicle and other damage

If, while using the vehicle, the tenant is involved in a traffic accident, collision due to running over game, fire, theft or similar, through no fault of his own, he must immediately make a police record of the accident or damage with a sketch. This also applies if the rented vehicle has suffered minor damage and also in the case of accidents caused by your own fault without the participation of a third party. 

The tenant is obliged to immediately inform ACTIVANS about the damage, accident, or theft.

The accident report must contain the names and addresses of the persons involved and possible witnesses, as well as the registration numbers of the vehicles involved and photographs. The tenant must also provide the address of the competent police authority, the name of the competent investigating officer and the corresponding file number.

The tenant must take all measures that are useful and conducive to the clarification of the harmful event.

The tenant may not leave the vehicle in detention alone without having previously taken the necessary measures for its protection and safety.

The rules of legal liability apply. There is no liability of the tenant, insofar as ACTIVANS obtains compensation for the damage caused to the other party or other third parties involved in the accident.

The tenant is liable for accidental damage caused to the vehicle by him/her up to the amount of the contractually agreed upon excess.

However, the tenant is fully responsible for all damages caused to the vehicle due to operating errors, excessive use or violation of other obligations in accordance with Chapter 8 of this Agreement during the rental period.

The tenant is responsible for any damage to the rented vehicle.

In case of disagreement about the amount of damage, ACTIVANS may commission an expert at the tenant's expense. In any case, the tenant has the burden of proof that the damage suffered during the rental period was not caused or is caused by him/her or his/her fellow travellers.

The tenant is liable in the same way for damages caused by his passengers. The tenant is also liable if the damage is determined only after the vehicle has been returned. In this case, ACTIVANS must prove that the vehicle has not been operated by him/her or a third party in the meantime.

For the settlement of any damage of any kind that occurred during the rental period and that must be processed by ACTIVANS, the tenant is charged a processing fee of 49 EUR.

12 ACTIVANS’ responsibility

ACTIVANS is responsible for the agreed transfer of the vehicle and will do everything possible to avoid errors or malfunctions but does not accept any liability for such and any resulting loss or damage to the tenant or third parties. The tenant releases ACTIVANS from any liability for internal or external damage to the vehicle caused by vandalism, accidental damage or damage caused by bad weather, as well as loss or theft of valuable objects carried or left in the vehicle.

13 Data protection

Your personal data, both those provided for the formalization of the contract and those collected during the validity of the rental services will be incorporated into a file of personal data, duly registered in the Register of the Spanish Agency for Data Protection, created and under the responsibility of ACTIVANS residing in Carrer Cossis 61 A, 17130 L'Escala in order to be able to manage the vehicle rental services contracted, as well as for commercial purposes such as keeping you punctually informed of all those offers, products and promotions, either our own or those of third parties that may be of interest to you, either by e-mail or by any equivalent means.

ACTIVANS, upon request for payment in the event of non-payment of any amounts or liabilities arising from this contract; the data relating to such non-payment may be communicated to information files on asset solvency and credit in accordance with the provisions of current legislation on data protection.

For all questions related to data protection, you may at any time contact the following e-mail address: info@activans.com

14 Invalidity, secondary agreements, written form

The invalidity of one or more provisions of this contract shall not affect the validity of the remaining provisions. There are no oral collateral agreements. Changes to this contract are agreed in writing. Nor can the written form be cancelled by oral agreement.

15 place of jurisdiction

This contract shall be governed by and construed in accordance with Spanish law.

The issues arising from this contract between the renter and the tenant are the responsibility of the Spanish courts and tribunals, to which both parties are subject.