VANBREAK – GENERAL RENTAL CONDITIONS
The present general terms and conditions govern the contract for the provision of the vehicle rental service that brings the client into relationship with VanBreak. By checking the box “I accept” in the online booking process, you are accepting the terms and conditions.
PAYMENT
When the customer makes the reservation and payment, he/she automatically accepts Vanbreak’s general terms and conditions of sale.
In case of no-show, Vanbreak will demand payment of the full amount of the reservation.
The first payment (50% of the total amount of the reservation) is made through our website and allows us to confirm the reservation.
The second payment (the remaining 50%) will be made automatically 7 days before the departure date. This debit will be made with the same card used for the first payment on our website.
The applicable exchange rates will be those in effect at the time of rental, and at the customer’s expense.
In the case of a payment on behalf of a customer (fine, others…) or a refund, a fee of 1.5% to 3% of the amount of the transaction may be applied. These costs will be charged to the customer.
2. MODIFICATION OF THE RESERVATION
In connection with the modifications :
- < 15 days the customer cannot reduce the number of days.
To modify your reservation, please send an email(roadtrip@vanbreak.com) with your reservation number and your modification request.
3. CANCELLATION OF THE RESERVATION
In connection with cancellations :
- > 15 days we will make a credit of the amount paid (50% of the total amount of the reservation) and it can be used for 12 months with a new reservation.
- < 15 days > 7 days, Vanbreak keeps 50% paid of the total amount of the reservation.
- < 7 jours Vanbreak invoices 100% of the total amount of the reservation.
If the renter subscribes to the “Cancellation Insurance” option, in case of cancellation > 48 hours before the agreed start of the rental period, the following provisions apply: cancellation is free of charge and the renter will receive a cancellation voucher (credit) for the full amount of the rental.
4. DOCUMENTS / DRIVING LICENSE / MINIMUM AGE
At the time of pick-up, the driver must present a valid driver’s license and a valid identity card or passport on behalf of the drivers listed on the rental contract. All drivers must be in possession of a valid driver’s license to drive in Europe. You must be at least 25 years old at the time of booking and have held your driving license for at least 2 years.
If the driver has a driving license from outside the European Union, he/she must initiate the procedures to obtain recognition of this in Spain and inform Vanbreak before departure. In general, it is essential to obtain an international driver’s license. For Iceland, Liechtenstein and Norway it is not necessary, the national license is sufficient.
5. SCHEDULES / MINIMUM DAYS
Vehicles are rented by the day only. The day of pick-up and drop-off count as rental days. The minimum rental period is 3 days in low / mid season (September 16 to June 30) and 5 days in high season (July 1 to September 15).
A late pick-up and/or early return of the car is the responsibility of the driver and does not give any right to any refund.
Departure time (check-in): Monday from 10.30 am to 8.30 pm, Tuesday to Saturday from 9.00 am to 8.30 pm. If you wish to pick up the van outside these hours, you can choose the option at the time of booking “Late Check-in”.
Arrival time (check-out) : every day until 13.00.
The vehicle must be deposited at the same address where it was picked up. If this is not the case, VanBreak may invoice the customer for towing and handling costs to recover the vehicle.
VanBreak will contact you at least 48 hours before your arrival or your return to agree on check-in and check-out times. The client agrees to respect these times and to inform VanBreak in case of delay. Any delay may be subject to additional charges (25€/hour).
6. CHECK-IN – CHECK-OUT
As soon as the online payment is made, you will receive a booking confirmation by email, informing you about the check-in arrangements (time, place…). Our team will contact you to arrange the day of check-in.
On the day of check-in, our team will explain the operation of the vehicle, the monitoring points on its use, and will be at your service to answer any questions or doubts that may arise. We will also carry out an inventory and evaluation of the internal and external condition of the vehicle.
After checking in with the VanBreak team, you have 3 hours to inform us if you have discovered a problem not mentioned during check-in. If we do not receive any communication from you during these 6 hours, it is the status of the vehicle at check-in that prevails.
The check-out of the vehicle will take place at the same place of pick-up. The client can leave the keys of the vehicle in a safe place indicated by VanBreak. VanBreak will proceed to the closing of the contract (checking the condition of the vehicle, water levels and cleanliness) within a maximum of 10 days.
On the day of check-out, the vehicle must be returned with the same level of diesel fuel as on the day of check-in, a full tank of clean water and clean toilets, otherwise Vanbreak will deduct from your deposit the amount necessary to cover incurred expenses associated with service charges.
7. LESSEE’S LIABILITY AND INSURANCE
In case of accident, loss, theft or misuse of the rental vehicle (e.g. driving on unpaved roads) or breach of contractual obligations, the Hirer shall be liable for the repair costs incurred as a consequence, in case of total loss of the replacement value of the rental vehicle minus the residual value, unless the Hirer is not responsible for the occurrence of the damage. In addition, the Hirer is also liable for any consequential damage, in particular depreciation, towing and salvage costs, and expert’s services. The renter’s liability does not apply if neither the renter nor the driver is responsible for the damage.
The rental vehicle is insured against civil liability and all risks.
The Lessor shall be authorized to meet or defend claims for damages asserted against the Lessee on behalf of the Lessee and to make all such representations as may seem appropriate for that purpose within the scope of its due discretion.
If claims are asserted against the lessee out of or in court, the lessee is obliged to report it immediately after the claim is asserted. In the case of claims asserted in court, the lessor shall be responsible for conducting the litigation. The lessor shall have the right to engage a lawyer on behalf of the lessee, to whom he shall grant a power of attorney and provide all necessary information and documents requested.
The Rental Firm shall indemnify the Hirer in accordance with the principles of a comprehensive insurance policy based on our General Conditions of Motor Insurance with an excess plus a damage cost of up to € 59 (per damage) on the rental vehicle. The renter can prove that the lessor has not suffered any damage or that the damage is considerably lower than the fixed rate.
The liability waiver covers damage caused by accident, i.e. by a sudden event acting directly from the outside with mechanical force; operational damage and pure breakage damage are not accidental damage. Also, damage between a towing vehicle and a towed vehicle or trailer without external impact is not considered accidental damage.
Therefore, the disclaimer does not cover in particular damage caused by switching error or improper fueling (water tank or diesel fuel tank), improper use (e.g. driving on unpaved roads) or loading.
Damage to the awning, the interior of the rental vehicle or the pop-up roof, including the roof tent, caused by malfunctions are also not covered by the liability waiver.
Take note of the following information:
- Never extend the awning in strong wind or rain and never leave it unattended when it is open. The renter shall bear the costs of a new awning and its installation in case of non-compliance. These costs may exceed the amount of the security deposit.
- If the water tank is filled with diesel fuel, the system cannot be cleaned. It must be completely replaced. This includes tanks, boiler, pump, taps and pipes. The costs will be borne entirely by the lessee. The renter is also responsible for any damage resulting from the rental vehicle and its accessories. The same applies if the diesel fuel tank is improperly filled.
The Hirer is fully liable and independent of fault for the following damages, whereby liability can be partially limited or excluded by means of the corresponding coverage packages (item 9):
Damage to tires: The costs of the towing service, the tires themselves or the fitting of the tires shall also be borne by the Hirer. The spare wheel of the rental vehicle may not be mounted by the Hirer himself, but only by a towing or breakdown service;
Damage to windows due to stone chips: Damage to windows due to stone chips will be repaired or replaced depending on size and location;
Damage to the interior of the vehicle.
Other damage: Damage resulting from driving on unpaved roads, including expenses thus incurred, e.g. rescue, towing service or tire damage. A limitation of these damages is excluded by the coverage packages (Clause 13).
There is no insurance coverage for damage to the vehicle caused by the use of ferries or motor trains. All costs for damage to the respective means of transport shall be borne by the Hirer. The Hirer is obliged to inform the Rental Firm of any damage caused by transport by ferry and other means of transport.
Young drivers under 25 years of age with less than 2 years of driving experience are not allowed to rent a van.
The Hirer is fully liable in the event of intentional breach of contractual obligations, in particular for damage caused by the use of an unauthorized driver or the use of the rental vehicle for prohibited purposes. If the Hirer has intentionally committed a hit-and-run or has violated his obligations in accordance with Article 10, he shall also be fully liable, unless the violation has no influence on the determination of damages. In the event of a grossly negligent breach of a contractual obligation, the Hirer is fully liable if he intentionally causes the damage. If he causes the damage by gross negligence, he shall be liable in a proportion corresponding to the seriousness of his fault; the burden of proof of the absence of gross negligence shall be on the Hirer.
In all other respects, the lessee is responsible in accordance with the legal regulations.
The lessor quantifies and settles claims based on the estimates of the vehicle’s brand dealer or an authorized repair shop.
For the settlement of a damage of any kind that has occurred during the rental period and has to be processed by the owner, a processing fee of 59 € will be charged.
Premature parking of rental vehicles in or near the rental office (whether public or private premises) shall be at the Renter’s own risk. The Rental Firm is not responsible for any damage occurring until the official end of the rental period.
In case of loss of the vehicle documents, the lessor will charge a handling fee of 200 €. In case of loss of the key, the lessor will charge a processing fee of 1.000 €.
8. LIABILITY OF THE LESSOR
Any liability of the Rental Firm for breach of its contractual obligations is limited to intent and gross negligence, including intent and gross negligence of its representatives and vicarious agents. The Rental Firm shall be liable in accordance with statutory provisions in the event of a breach of an essential contractual obligation (cardinal obligation). In this case, liability is limited to the extent of compensation for foreseeable damage typical of the contract. Liability for culpable injury to life, body or health shall remain unaffected.
The Rental Firm will make the rental vehicle available at the time of rental. In the event that the rented vehicle is not available at the beginning of the trip for any reason, the Rental Firm will provide a suitable replacement vehicle. In the event that this is also not possible, the payments made will be refunded to the hirer.
Within the limits of the possible, the Rental Firm will try to provide the Hirer with a replacement vehicle in case of damage or repairs during the current rental period, provided it is available. Except for damages due to initial defects, the rental must continue to be paid even during a case of damage or workshop, a price reduction is excluded in this respect. Necessary workshop days or vacation days lost due to damage occurring during a rental period shall not be reimbursed to the Hirer.
If the Hirer leaves items behind when returning the rental vehicle, the Rental Firm is only obliged to keep them if this is reasonable and the Hirer is obliged to bear the costs.
If private vehicles are exceptionally parked on the lessor’s grounds, the lessor assumes no liability for damage or theft.
9. INSURANCE PACKAGE
- ALL RISK insurance (including theft, fire) with an excess of 1.500€.
- 24 hours a day, 7 days a week assistance in Spain
- Only travel in Spain
- 2x conductors
- Unlimited mileage
- Franchise 750€ (instead of 1.500€)
- Trip to Spain + Portugal
- 3x conductors
- Glass breakage
- Tire puncture (called unintentional puncture)
- Light bumper scratches (= shallow scratches that do not exceed 3 cm. Dents and/or dings in the bodywork will not be covered).
- Franchise 450€ (instead of 1.500€)
- 4x drivers
- Scratches bodywork + mirrors (= shallow scratches not exceeding 3 cm. Dents and/or dings in the 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 the PREMIUM package upwards) will cover the replacement costs. Headlights, taillights and mirrors are not covered by the glass breakage insurance.
Puncture: In case of a puncture (called involuntary), our insurance offers 24-hour assistance to ensure the tire change. This service is free of charge starting from the PREMIUM package. However, if the renter deliberately damages the tire (underinflated, dirt road, uneven terrain,…), the renter of the vehicle will be responsible for the damage and will have to pay the full cost of the repair.
Lower / upper part + roof + exterior awning. If damages are detected, the tenant will have to pay 100% of the amount of the repairs + administration costs up to 100 euros.
Scratch on the bodywork. If the scratch is light, not deep, less than 3 cm, you will be covered from the PREMIUM package. Otherwise, the renter will be responsible for the cost of the repair.
Interior accessories: if the interior of the van is scratched, broken or damaged (including accessories such as tables, chairs, floors, ceilings, windows, etc.), you will have to pay the total cost of repairs + administration fees of up to 100 euros.
Trip to Portugal: If it is verified that the vehicle has left the Spanish territory without having contracted at least the PREMIUM package, Vanbreak will deduct from your deposit the daily amount of the PREMIUM insurance in force multiplied by the total number of rental days + the management fees which can be up to 100 euros.
Improper use: If damage is observed due to improper use of the vehicle, the repair costs shall be borne by the renter.
10. ACCIDENTS AND DAMAGES
In case of breakdown or malfunction of the rental vehicle (e.g., engine lights come on or a tire goes flat), contact the rental company’s customer service hotline to clarify the procedure to follow.
The Hirer is obliged to immediately inform Vanbreak in writing of any damage to the vehicle during the rental period, giving full details of the event that caused the damage. The accident report must contain, in particular, the names and addresses of the persons involved and any witnesses, as well as the license plate numbers and insurance details of the vehicles involved. For this purpose, the Hirer shall carefully and truthfully fill in all items of the accident report form in the glove compartment of the vehicle documents. This form can also be requested from the Rental Firm at any time by telephone or downloaded here. The Hirer must immediately send the scanned form to info@vanbreak.com.
In the event that the lessee does not comply with this obligation, the lessor reserves the right to charge the lessee a penalty of 1000 €. In addition, there will be a possible liability in accordance with clause 7.
In case of 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 in which the hirer is solely responsible, without the intervention of third parties. If the Hirer does not report the damage to the police, he shall be fully liable for all resulting financial damages to the Rental Firm. Claims of opposing parties shall not be recognized.
Apart from the standardized European accident report, no other documents related to the accident may be signed.
If damage is detected during the trip, the Rental Firm shall be informed immediately by e-mail. If repairs are necessary, the rental vehicle must be parked immediately before further damage occurs. Continuation of the trip, even to the next garage, is only permitted with the prior consent of the Rental Firm. This does not apply if, according to the nature of the damage, consequential damage can be excluded.
If the Hirer takes the rental vehicle to a workshop or has it taken to a workshop, the Rental Firm must be informed immediately, during the working hours of the workshop and before the repair order is issued, about the workshop, the duration and the costs of the repair. The approval of the repair must be awaited. The Rental Firm will only bear the costs of the repair if the repair has been approved by the Rental Firm in advance and only upon presentation of the corresponding receipts. The Rental Firm must be informed immediately of the exact contact address of the repair shop.
If the breakdown or failure of the vehicle is the customer’s responsibility, no compensation will be granted by Vanbreak.
11. BOND
The amount of the deposit is 800€.
The deposit is automatically taken 7 days before the trip on the same bank card used to make the reservation. It is a blocking of the 800€ in the bank account. The deposit is released 7 days after the check out date.
In case of damage to the vehicle during the rental period, the total amount of the deposit will be retained by VanBreak until receipt of the repair estimate. If the value of the repairs is less than 800€, the difference will be reimbursed to the customer by bank transfer. The handling fee is 59€ minimum up to 100€.
12. INFRACTIONS
The renter is responsible for any violations committed during the rental period. In case of intervention by VanBreak, in particular in the processing of fines (driver identification), tickets or fines, the renter must pay a processing fee of 59 euros (forty euros), VAT included, for each fine. The Hirer expressly authorizes the Rental Firm to use his means of payment, in particular the deposit or his bank card used at the time of his reservation, to pay these handling fees.
If the deduction of the fine from the deposit is not possible (receipt of the fine 7 days after the departure date), the lessor will deduct 59 euros for administration costs directly from the credit card used to reserve the van.
In the event that this deduction does not work, the customer undertakes to make a bank transfer for the amount of the handling fee (59€) and any costs associated with the transfer, within 48 hours of receiving the information email.
13. CLEANING
The cleaning of the vehicle is done by Vanbreak upon return from the trip.
On the other hand, at the time of check out, the vehicle must be tidy, the dishes clean and in place, the garbage out, the water tank full and the toilet emptied. In case of advanced soiling at the return of the vehicle for check out, Vanbreak has the right to charge extra cleaning costs up to a maximum amount of 150€.
14. ANIMALS
VanBreak allows the rental of the van with pets (dog, 1 maximum) but the customer must choose the pet option, for a fixed cost of 50 euros per trip. The customer undertakes to clean the van and return it in the same condition as when it was rented. We recommend customers to take the dog bed for use inside the vehicle.
15. TRACKER – GPS
For security reasons, VanBreak vehicles are equipped with GPS trackers. The data is protected and secured. VanBreak reserves the right to use this data to control the use of the van, to improve and speed up the assistance service in case of breakdown, and to check if the vehicle is outside the Spanish territory. In case the client leaves Spain, without having contracted the appropriate insurance, VanBreak will charge the daily cost of the insurance multiplied by the total number of days of the rental.
16. STORAGE OF PERSONAL DATA
In the course of execution or performance of the contract with the lessee, it is necessary for the lessor to process the lessee’s personal data.
In principle, no data will be passed on to third parties.
However, government authorities or private service providers (e.g., parking lot operators, toll operators) may ask us to provide this data on a case-by-case basis.
As a result of the use of a navigation device, navigation data entered during the rental period may be stored in the rental vehicle if necessary. If cell phones or other devices are connected to the rental vehicle, data from these devices may also be stored in the rental vehicle. If the renter wishes that the aforementioned data is no longer stored in the rental vehicle after the return of the rental vehicle, the renter must ensure that it is deleted before returning the rental vehicle. Deletion can be effected by resetting the vehicle’s navigation and communication systems to factory settings. Instructions can be found in the owner’s manual located in the glove box. The lessor is not obliged to delete the mentioned data.
17. UNAVAILABILITY OF THE VEHICLE
In case the reserved vehicle is not available at the time of rental, VanBreak will provide the client with a vehicle of the same category during the rental period.
Category A vans : VW Grand California / Fiat Ducato Sunlight
Category B converted vans : VW California Beach / VW California Ocean / Mercedes Marco Polo
Category C 2-seater van : VW California Caddy
The client may not request the cancellation or total or partial refund of the reservation if the vehicle made available corresponds to the reserved category.