VANBREAK – RENTAL GENERAL TERMS & CONDITIONS
These general terms and conditions govern the contract of the rental service of vehicles that will associate the client with VanBreak. If you tick the « accept » box during the online booking procedure, you are accepting the following terms.
1.BOOKING – PAYMENT
When the client makes the reservation and payment, he/she automatically accepts the sales terms and conditions of VanBreak.
In the case that the renter or driver does not appear on the day of the vehicle pick-up, VanBreak will claim payment of the total amount of the booking.
First payment (50% of total booking price) is done through our website and allow the client to confirm its booking.
Second payment (others 50%) is done automatically 7 days before check in day. This payment is done through the same bank card used for the first online payment.
Exchange rates used will be those applicables at the moment of booking and will be paid by the client
2. BOOKING MODIFICATION
Regarding modification requests :
- > 15 days, client can request modifications (reduce or increase rental period)
- < 15 days, client cannot reduce rental period
To ask for modifications, you need to send an email to email@example.com with your booking number and exact modification requests.
3. BOOKING CANCELLATION
Regarding cancellation requests :
- > 15 days, we will create a voucher with the same value of the booking amount (50% of total price of booking) with a validity period of 18 months that you can use for a new booking.
- < 15 days > 7 days, Vanbreak will keep the 50% already paid during the reservation.
- < 7 days Vanbreak will take 100% of the total amount of booking.
COVID-19 : for all reservations with travel period in 2021 it will be possible to cancell it without costs 48 hours before departure while respecting the following conditions : Spain / client residence country, city or region is confined or under travel restrictions, flight / train has been cancelled, or you have a medical justification, that need to be send to us using this email : firstname.lastname@example.org. In case of cancellation due to one of these reasons, VanBreak will create a voucher with the value of reservation (50% or 100% of booking, depends of what has been already paid) with a validity period of 18 months that you can use for a new reservation.
4. DOCUMENTS / DRIVING LICENCE / AGE
At the moment of pick-up, the driver must produce a valid driver’s license and a valid identity card or passport in the name of the drivers that appear on the rental contact. All drivers must have a valid driver’s license.
The driver must have a valid driver’s license to drive in Europe. He/She must be at least 25 years of age at the time of booking and have had a driver’s license for at least 2 years.
If the driver has a non-European Union driver’s license, he/she should begin the process of applying for an international driver’s license, and communicate this to Vanbreak before departure. In general, it is essential to obtain an international driver’s license. However, for Iceland, Liechtenstein and Norway it is not necessary, as the national driver’s license is valid.
5. HOURS / MININUM DAY
The vehicles are only rented by day. The day of pick-up and drop-off count as rental days.
The minimum rental period is 3 days in low season (September 16 – June 30), and 5 days in high season (July 1- September 15).
An early drop-off or a late check in is the driver’s responsibility and is not entitled to any reimbursement.
Check-In: Monday from 10.30am to 8:30 pm, Tuesday to Saturday from 9.00 am to 8:30 pm.
Check-out Drop-off: Daily from 6.00 am to 1 pm.
If the client wants to pick-up or drop off the vehicle outside of the above mentioned checkin/check-out times, he/she should notify Vanbreak by contacting us by email at email@example.com or by phone at +34 671 769 178. We will do our best to accommodate your request. Please note that for this service an additional fee of 70€ will be charged.
The vehicle must be returned to the address where the van was picked-up.
VanBreak will get in touch with the client at least 24 hours before the pick-up or drop-off to agree on the time for check-in and check-out. The client agrees to uphold these times and to inform VanBreak in the case of a delay. Any delay could be subject to additional charges (25€/hour).
6. CHECK-IN – CHECK-OUT
In the moment in which the deposit payment is made after the reservation, the client will receive a confirmation email informing him/her of the check-in details (time, place, etc.). Our team will be in contact with you to determine the check-in day.
On the day of check-in, our team will explain the functioning of the vehicle and warnings concerning its use, and will be at your service to answer any question or doubt that may arise. Equally, we will take an inventory and evaluation of the state of the vehicle, both internally and externally.
The vehicle check-out will take place at the same place as check-in. If no member of Vanbreak is available (Sundays above all), the client can turn in the keys of the vehicle in a secure place advised by the rental company. Vanbreak will proceed with the contract closure (checking the state of the vehicle, as well as the water level and cleanliness) within a maximum of 5 days. The client can take photos of the vehicle once at the drop-off point, and send them to Vanbreak as proof of the state of the vehicle at check-out.
On the day of check-out, the vehicle should be returned with the same level of fuel as check in day, a full tank of water and clean toilets. Otherwise, Vanbreak will deduct the amount necessary from the deposit to cover the expenses incurred by the service charges.
You have the 3 following hours after checking in with the VanBreak team, to inform us if you have discovered an unreported problem during the check in. Without a feedback from you after these 3 hours, it is the state of departure that prevails.
During the check out, Vanbreak reserves the right to close the departure inventory up to 7 days from the date of check out.
7. LIABILITY OF THE HIRER – INSURANCE
In the event of accidents, loss, theft or improper operation in respect of the rented vehicle, (such as driving on unpaved roads) or in the event of any breach of contractual obligations, the Hirer shall be liable for the repair costs incurred as a result thereof or, in the case of a total write-off, for the replacement value of the rented vehicle less its residual value, unless the Hirer is not at fault for the occurrence of the damage or loss. Additionally, the Hirer shall also be liable for any resulting consequential loss, in particular any reduction in value, towing and recovery costs as well as expert’s fees. The Hirer’s liability shall not apply insofar as neither the Hirer nor the driver is at fault for the damage or loss.
The rental vehicle has third-party liability insurance and fully comprehensive insurance. Liability cover is €100 million.
The Rental Firm shall be authorised to meet or ward off, in the Hirer’s name, damage claims asserted against the Hirer and, within the scope of dutiful discretion, to submit all declarations that appear appropriate in this respect.
If claims are asserted against the Hirer extrajudicially or judicially, the Hirer shall give notification thereof without delay after the claim was brought. In the case of claims asserted judicially, the Hirer shall leave it to the Rental Firm to conduct the legal dispute. The Rental Firm shall be entitled to appoint a solicitor in the Hirer’s name. The Hirer shall grant the appointed solicitor power of attorney and provide him/her with all necessary information and requested documents.
The Rental Firm shall indemnify the Hirer in accordance with the principles of fully comprehensive insurance on the basis of the respective valid model terms and conditions of the General Terms and Conditions for Motor Vehicle Insurance, with an excess plus a flat rate fee for damage to the rented vehicle in the sum of €49 per case of damage or loss. The Hirer shall have the right to prove that no damage or loss was incurred, or that the damage or loss incurred is considerably lower than the flat rate fee.
The exemption from liability covers damage caused by an accident, i.e., by an event suddenly impacting directly from the outside with mechanical force; operating damage and damage strictly due to breakage shall not constitute damage caused by an accident. Likewise, damage between a towing vehicle and a towed vehicle or trailer without any impact from the outside shall not constitute damage caused by an accident.
In particular, therefore, the exemption from liability shall not include damage or loss incurred as a result of a hook-up error or incorrect filling (of the water tank or diesel fuel tank), improper use (such as driving on unpaved roads) or as a result of the load.
Nor shall the exemption from liability include damage caused to the awning, to the interior of the rented vehicle or to the pop-up roof, including the roof tent, as a result of operating errors.
Please also note the following in this respect:
- Never extend the awning in strong wind or rain and never leave it unattended while it is extended. The cost of a new awning with installation shall be borne by the Hirer, if in breach of the above. These costs may exceed the deposit!
- The water system cannot be cleaned if the diesel fuel has been incorrectly filled into the tank. It must be replaced completely. This applies to tanks, boiler, pump, taps and pipes. The costs shall be borne in full by the Hirer. The Hirer shall furthermore be liable for any damage to the vehicle and its accessories resulting from this. The same shall apply if the diesel fuel tank is incorrectly filled.
Except where the Hirer’s liability can be partly limited or excluded by way of corresponding insurance packages (Section 9), the Hirer shall – regardless of fault on their part – be fully liable for the following damage or loss:
Tyre damage: Resulting costs for the towing service, the tyres themselves or the fitting of the tyres shall likewise be borne by the Hirer. The spare tyre shall not be fitted to the rented vehicle by the Hirer but shall be fitted by a towing or breakdown service.
Stone-impact damage to the windscreen: Windscreen/glass damage from stone-impact shall be repaired or replaced, depending on the extent and location of the damage.
Damage to the interior of the vehicle.
Other damage: Damage caused by driving on unpaved roads, including the resulting costs such as for recovery, towing or tyre damage.
There is no insurance cover for any damages to the vehicle that are caused when using ferries or motorail trains. All costs for damages caused by these means of transport shall be borne by the Hirer. The Hirer is obligated to report any ferry and any other transport damages to the Rental Firm.
Young drivers under 23 years and less than 2 years driving license can not hire a van in Vanbreak.
The Hirer shall be fully liable in cases of intentional breach of the contractual obligations, in particular for damage or loss incurred in the event of use by an unauthorised driver or use of the rental vehicle for prohibited purposes. If the Hirer has intentionally committed hit and run or breaches its obligations under Section 10, he/she shall likewise be fully liable, unless the breach does not affect the ascertainment of the case of damage or loss. In cases of grossly negligent breach of a contractual obligation, the Hirer shall be fully liable if he/she caused damage or loss with wrongful intent. If the Hirer causes damage or loss by gross negligence, he/she shall be liable to an extent proportionate to the severity of the Hirer’s culpability; the burden of proving the absence of gross negligence shall be borne by the Hirer.
In all other respects, the Hirer shall be liable in accordance with the statutory provisions.
The Rental Firm shall quantify and settle claims on the basis of cost estimates from dealer of the vehicle make or an authorised garage.
A handling fee of €40.00 is charged by the Rental Firm for sorting out any damage of any kind incurred during the hire period.
If the rented vehicle is parked/dropped off early at the location or in the proximity of the location (regardless of whether this is a public or private space), this is done at the Hirer’s own risk! The Rental Firm does not accept any liability for damages that occur up until the official end of the hire period.
In the event of loss of the vehicle licence, the Rental Firm shall apply a flat rate handling fee of €200. In the event of loss of the key, the Rental Firm shall charge a flat rate handling fee of €1,000.
8. LIABILITY OF THE RENTAL FIRM
Any liability on the part of the Rental Firm due to a breach of its duties laid down in the agreement shall be limited to wrongful intent or gross negligence, including wrongful intent or gross negligence on the part of its representatives and authorised agents. The Rental Firm shall be liable in accordance with the statutory provisions insofar as a duty material to the agreement (material contractual duty) is breached. In this case, liability shall be limited, in terms of the scope, to compensation for the foreseeable damage or loss typical of this type of contract. Liability due to culpable mortal injury, physical injury or health damage shall remain unaffected hereby.
The Rental Firm makes the rented vehicle available for the agreed time. Should the rented vehicle not be available at departure for any reason whatsoever, the Rental Firm shall provide a replacement vehicle. Should this not be possible either, the Rental Firm shall reimburse the Hirer for the payments made.
The Rental Firm will try to provide the Hirer with a replacement vehicle in the event of damage to the vehicle or the vehicle needing garage repair during a hire period, provided that a replacement is available. Except in the case of damage due to initial defects, the rental fee shall continue to be paid even in the event of damage to the vehicle or in the event of the vehicle needing garage repair; a reduction of the rental fee under § 536 BGB (German Civil Code) is ruled out in this respect. Garage repair days or missed holidays due to damages that occur during a rental do not entitle the Hirer to a refund.
If the Hirer leaves items behind when returning the rented vehicle, the Rental Firm shall only be obligated to keep these items in as far as this can reasonably be expected and the Hirer is obligated to bear the costs.
If in isolated cases private vehicles are parked on the Rental Firm’s grounds, the Rental Firm accepts no liability for damage or theft.
9. INSURANCE PACKAGE
The Hirer has the option to reduce his liability in accordance with Article 7 by taking out PREMIUM or COMPLETE insurance pack. The BASIC package is automatically and by default included in every booking. The BASIC package includes the following components:
- ALL RISK insurance (including theft, fire) with an insurance excess of 1.500€.
- 24 hour assistance 7 days a week in Spain
- Travel in Spain only
- 2x drivers
- Unlimited mileage
By opting for the “PREMIUM” insurance package, the renter has the following services in addition to those included in the BASIC package
- Insurance excess 750€ (vs 1.500€)
- Trip to Spain + Portugal
- 3x drivers
- Glass breakage
- Tyre puncture (so-called involuntary puncture)
- Light bumper scratches (= shallow scratches that do not exceed 3cm. Dents and/or dented bodywork will not be covered).
By opting for the “COMPLETE” insurance package, the renter has the following services in addition to those included in the PREMIUM package
- Insurance excess 450€ (vs 1.500€)
- 4x drivers
- Bodywork and mirrors scratches (= shallow scratches that do not exceed 3cm. Dents and/or dented bodywork will not be covered).
- Water pump
Glass breakage: if one of the vehicle’s windows is damaged by a stone or rock, the glass breakage insurance (from PREMIUM package) will cover the replacement costs. Headlights, rear lights and mirrors are not covered by the glass breakage insurance.
Flat tyre: In the event of a flat tyre (so-called involuntary), our insurance provides 24/7 assistance to ensure the tyre is changed. This service is free from PREMIUM package. However, if the hirer deliberately damages the tyre (under-inflation, dirt road, uneven ground,…), the hirer of the vehicle will be responsible for the damage and will have to pay the full cost of the repair.
Lower / upper part + roof + external blind: If damage is found, the hirer will have to pay 100% of the amount of the repairs + administration costs up to 100€.
Bodywork scratch: If the scratch is light, not deep, less than 3cm, you will be covered by subscribing to the COMPLETE pack. Otherwise, the renter will be responsible for the cost of the repair.
Scratched car in a car park: You notice that the van has been scratched and you are not the cause of the damage, in this case you must have the damage recorded by the Police, and send us the documents related to the statement by e-mail. Otherwise, the tenant will have to pay the costs of the repair.
Internal fittings: if you scratch, break or damage the interior of the van (including fittings such as tables, chairs, floors, ceilings, windows, etc.), you will have to pay the full cost of repairs + administration costs of up to 100€.
Travel to Portugal: If it is found that the vehicle has left Spanish territory without having taken out PREMIUM o COMPLETE insurance, Vanbreak will deduct from your deposit the daily amount of the PREMIUM insurance in force multiplied by the total number of days of rental + administration costs which may be up to €100.
Misuse: Damage is noted due to misuse of the vehicle, the repair costs will be charged to the tenant.
10. ACCIDENT / DAMAGE
In the event of a breakdown or malfunction of the rented vehicle (e.g., the engine lamp lights up or flat tyre), the Rental Firm’s hotline shall be contacted in order to clarify the further course of action.
In the event of any damage to the rented vehicle during the hire period, the Hirer is obligated to immediately notify the Rental Firm, in writing, of all the details of the event that led to the damage. The accident report must, in particular, contain the names and addresses of the persons involved, must name any witnesses as well as the registration numbers and insurance details of the vehicles involved. For this purpose, the Hirer must fill in the accident report form that can be found in the glove compartment of the vehicle and must do this carefully and truthfully. This form can also be requested from the Rental Firm over the phone at any time or may be downloaded HERE. The Hirer shall electronically send the form as a scan to firstname.lastname@example.org without delay.
If the Hirer does not comply with this obligation, the Rental Firm reserves the right to charge a contractual penalty of €1,000.00. Additionally, liability under Section 7 may possibly apply.
After an accident, fire, theft, damage caused by game animals or other damage, the Hirer must also immediately inform the local police. This also applies to accidents for which the Hirer is solely responsible without any other third-party involvement. If the Hirer fails to report the incident or damage to the police, he/she shall be fully liable for any resulting economic disadvantages of the Rental Firm. Any opposing third-party claims must not be recognised.
Apart from the standardised European accident report, no other documents relating to the accident must be signed.
If any damage is detected while on route, the Rental Firm must be notified via email immediately. Should a repair be necessary, the rented vehicle must be stopped immediately before further damage can occur. The continuation of the journey, even to the nearest garage, shall only be permitted with the prior consent of the Rental Firm. This does not apply if consequential damage can be ruled out based on the type of damage reported.
If the Hirer takes the rented vehicle to a garage or has it taken there, the Rental Firm must be informed immediately during business hours, and before giving the repair garage a repair order, about the garage, the duration and the costs of the repair. Repair must not commence before approval has been granted. The Rental Firm shall only pay repair costs if the repair has been approved by them beforehand and only upon presentation of the respective receipts. The Rental Firm must be given the exact contact address of the garage immediately.
11. INSURANCE DEDUCTIBLE
Deposit amount is 800€.
Deposit will be debited automatically 48h before the trip on the same card which has been used to make the online booking. The 800€ amount will be blocked on the bank account. 7 days after check out day, VanBreak will release the deposit.
In case of damage during the rental period, VanBreak will keep the full deposit amount until the reception of repairs quotes. If the value of repairs is inferior to 800€, difference value will be reiumbursed to the client using a bank transfer. Administrative costs are 40€ as minimum until 100€ max.
The hirer is responsible for any offences committed during the rental period. In the event of VanBreak’s intervention, in particular in the processing of fines, tickets or fines, the Hirer shall be liable for processing costs amounting to €40 (forty euros) including VAT. The Hirer expressly authorises the Hirer to use his means of payment, in particular the deposit, to pay the corresponding sum including the handling fees.
If the deduction of the amount of the fine from the deposit is not possible (receipt of the fine 30 days after the check-in date), the client undertakes to make a bank transfer of the amount of the fine, of the handling fee (40€) and of the eventual costs linked to the transfer, within 48 hours from the date of receipt of the information e-mail.
At the time of drop off, the vehicle should be returned with everything tidied, dishes clean, trash outside, water tank full, WC empty, fuel tank at the same level in which it was handed over.
In case of advanced dirty situation of the van at drop off, VanBreak will have the possibility to charge the client of a maximum amount of 150€ as additionnal cleaning costs.
VanBreak authorizes the rental of the van with pets (dog, 1 maximum) but the client must choose the pet option, for a fixed cost of 50 euros. The customer is responsible of cleaning the van and returning it in the same state in which it was rented. We recommand to take a small dog bed for the trip.
15. TRACKER – GPS
For security reasons, all VanBreak vehicules are equiped with GPS trackers. All data are protected and secured. VanBreak will have the possibility to use these data to control use of the vans, to facilitate assistance in case of problems and check if the client did not went to others countries without taking the good insurance or correct option. In this case, VanBreak will charge the client with the cost of premium insurance (15€/day) for all the trip or if he went to France (50€/day)
16. STORAGE AND PERSONAL DATA
When carrying out or performing the agreement with the Hirer, it shall be essential for the Rental Firm to process the Hirer’s personal data.
As a rule, data shall not be passed on to third parties.
However, we may, in individual cases, be called upon by government agencies or private service providers (e.g., car-park operators, toll operators) to hand over these data.
As a result of the use of a navigation device, the navigation data entered during the hire period may be stored in the rented vehicle. If mobile devices or other devices are coupled with the rented vehicle, data from these devices may likewise possibly be stored in the rented vehicle. If the Hirer wishes that the aforementioned data no longer be stored in the rented vehicle after the vehicle has been returned, he/she shall ensure that these data are erased before the vehicle is returned. Erasure can be brought about by resetting the vehicle’s navigation and communication systems to the factory setting. Instructions relating thereto can be gathered from the operating instructions, which are to be found in the glove compartment. The Rental Firm shall not be obligated to delete the aforementioned data.