General Conditions

 1. Scope of application, content of the contract and applicable law:
 1.1.  Only the following General Commercial Conditions of Autocaravanas Okar S.L. are
valid. Those conditions of the lessee that differ or are contrary to the General
Commercial Conditions of the Lessor will not be accepted.  
1.2.  The purpose of the contract entered into with the lessee is solely the delivery of
the vehicle under the rental regime.  
1.3.  In case of reservation, a rental contract governed exclusively by Spanish law will
be entered into between the lessee(s) and the lessor(s).  The lessees will organize their
trip themselves and will use the vehicle at their own risk.  The rental contract will be
limited to the agreed duration.
The tacit extension of the rental contract for an indefinite period due to continued use
is excluded.
1.4.  All agreements between the lessor and the lessee will be made in writing.
2. Minimum age and authorised drivers:
 2.1.  The lessee and each of the drivers must be at least 25 years old and in possession
of a class B driving licence with more than two years of seniority or the corresponding
national licence.  If they are not residents in the EU, they must be in possession of an
international driving license.
2.2. If at the time of delivery of the vehicle the lessee does not have the driving licence
that corresponds to the rented vehicle, it will be considered that the vehicle has not
been collected; in this case the relevant cancellation conditions will apply.
23. Only the lessee and the drivers mentioned in the rental contract will be allowed to
drive the vehicle.
3. Rental prices, calculation and duration:
3.1. The rental prices are derived from the lessor’s price list in force at the time of
entering into the contract. The minimum established rental period during certain times
of the year is also derived from the lessor’s price list in force at the time of confirming
the contract. Depending on the rental days reserved, the prices that appear on the list
for the corresponding season will be valid. For each rental, a fixed and single amount
will be charged for the services provided, the amount of which can also be consulted in
the price list of the lessor in force at the time of entering into the contract.
3.2. The rental prices of the optional accessories are derived from the lessor’s price list
in force at the time of entering into the contract.
3.3. The corresponding rental prices include: 21% VAT (value-added tax), all-risk
insurance according to the corresponding insurance coverage (see below section 10).
3.4. The rental period begins with the collection of the motorhome by the lessee in the
Autocaravanas Okar SL car park or in an agreed place of delivery, and ends with the
collection of the vehicle by the employees of Autocaravanas Okar S.L.
3.5. If the motorhome is returned after the time agreed in writing, the lessor will
calculate EUR 45 per hour of delay (with a maximum per day of delay of the price set
per day multiplied by three, as stated in section 5.4 of these General Conditions). The
lessee will also assume the expenses derived, if any, from the fact that another lessee
or another person asserts his or her rights against the lessor, due to a delay in the
delivery of the vehicle attributable to the lessee.
3.6. If the vehicle is returned before the contracted rental period has elapsed, the full
contractually agreed rental price must be paid.
3.7. Vehicles must be returned with the same amount of fuel it had at the time of
delivery. Otherwise, the missing fuel will be billed, EUR 30 for each quarter of a tank
that needs to be refueled. If at the time of the return of the vehicle the fuel tank has
more quantity than it had at the time of delivery, the lessee will not be entitled to a
3.8. To collect and return the vehicle in a place other than the Autocaravanas Okar S.L.
car park, a special agreement with the lessor and the payment of the amount
corresponding to this service will be required. This will be agreed before the collection
of the motorhome by the lessee.
4. Reservation, payment conditions, cancellation and deposit:
4.1. The determined rental price based on the reservation dates, plus all those charges
for additional items (rental of kitchenware, bed kits, tables, chairs, etc.), must be
deposited in the account that the lessor will provide the lessee, by credit card, or in
cash, at the latest at the time of collection of the vehicle, before the commencement
of the rental.
4.2 The reservation of a vehicle includes the payment of 50% of the total rent as a
deposit. In the event that the client cancels the requested reservation, the following
penalties will be applied to the deposit:
*If the cancellation is communicated before 30 days or more from the commencement
of the rental: 50%.
*If the cancellation is communicated between 30 and 16 days before the
commencement of the rental: 80%.
* If the cancellation is communicated less than 16 days before the commencement of
the rental: 100%.
NOTE: In the event that the total payment of the rent is made at the time of the
reservation and the lessee decides to cancel such reservation, the aforementioned
penalties are applied only to the 50% corresponding to the deposit. The remaining
amount will be available for reimbursement or to be used as payment of a future rent.
(This credit is valid for 12 months)
4.3. At the time of collecting the vehicle, the lessee must pay the amount of EUR 900,
by credit card, as a deposit and as a guarantee of compliance with the obligations
under this contract. The deposit must be made only by credit card. It is a block for an
amount of EUR 800 on the credit card.
4.4. The deposit will be returned after the vehicle has been examined by a person in
charge of the company and after it has been cleaned, always within a maximum period
of 72 hours after delivery. If after the examination, damage and/or defects are found
that did not exist at the time of delivery of the vehicle, they will be evaluated and
invoiced to the lessee up to the maximum value of the deposit (EUR 900). For an
adequate evaluation of the damage and for the necessary repairs, the lessor will have
60 days after the delivery of the vehicle, which is the time limit to carry out the
settlement and return the deposit, if applicable.
In the event of an accident due to a fact derived from traffic, either as the guilty party
or as the injured party, the amount of the all-risk insurance excess will also be
deducted from the deposit, until the insurers involved determine the fault of the
accident and resolve the dispute proceedings. Due to the last circumstance, the lessor
will keep the deposit in his or her possession until the conclusion of the procedures of
the insurers, and therefore no specific term is set for the return of the established
4.5. The lessee expressly agrees to pay the lessor:
– At the time of the return of the vehicle, the amount of the mileage for rentals that do
not respect the minimum number of days according to the season in which it was
made, calculated according to the current rate.
– The additional charges that originate if the vehicle is left in another place or city,
without the authorisation of the lessor.
– The amount of all kinds of fines, judicial and extrajudicial expenses derived from any
traffic violation or of any other kind, which are directed against the vehicle, the lessee
or lessor, derived from the term of this rental contract, unless they have originated as
a consequence of the lessor’s fault.
– In the event that due to the fault of the lessee the vehicle is retained or seized, all
expenses will be at the lessee’s expense, including the loss of profits of the leasing
company during the time the vehicle is not rented.
– Expenses incurred by the lessor (including lawyers’ and solicitors’ fees) in claiming
the amounts owed by the lessee under this contract.
-The vehicle has comprehensive insurance with excess (does not include the personal
effects of the lessee and companions). In the event of an accident or theft, the lessee
will be responsible for the amount of EUR 900 per claim.
4.6. If the lessee is in arrears with payments, late payment interest will be applied in
accordance with current legal provisions.
5. Delivery and return of the vehicle
5.1. Before starting the trip, the lessee is obliged to follow the instructions given by the
lessor’s technical staff at the delivery point. Likewise, a delivery certificate (CheckOut)
will be drawn up describing the condition of the vehicle and which must be signed by
both parties. The lessor may refuse to deliver the vehicle until the instruction for its
correct use has been carried out.
5.2. When returning the vehicle, the lessee is obliged to carry out a preliminary
inspection of the motorhome together with the employees of Autocaravanas Okar S.L.
A return certificate (Check In) will be prepared, which must be signed by the lessor and
the lessee. The final review of the vehicle will be carried out by Autocaravanas Okar
S.L. within 72 business hours after its return.
The lessee will be liable for the damage that is not recorded in the delivery certificate,
but detected at the time of returning the vehicle and/or during the final inspection.
5.3. As a general rule, the deliveries of the vehicles will be made from Monday to
Friday, from 10 a.m. to 7 p.m. and the returns of the vehicles from Monday to Friday
from 9 a.m. to 10 a.m. The time determined in the rental contract will be considered as
agreed. Deliveries and returns may only be made out of the established time by
general rule if a prior agreement has been reached and in exchange for an additional
remuneration according to the current rate. The day of delivery and return will add up
to one day, provided that in total they do not exceed 24 hours or only if they exceed
them for reasons attributable to the lessor.
5.4. Unauthorised delays in the return of the vehicle will be penalised with a daily rate
of three times the daily amount established in the contract. The possible discounts
that may be given under the contract will not be taken into account for this penalty.
Any justified cause of force majeure that prevents the return on the agreed day must
be immediately communicated to the lessor by some reliable method so that the
lessor accepts it; otherwise, it will be considered an unauthorised delay.
5.5. If the lessee wants to extend the rental term, he or she must request it from the
lessor at least three days before the expiration of the contract.
The eventual confirmation of the extension will be subject to the availability that the
lessor has at that time, therefore the latter will not assume any previous commitment.
5.6. Any modification of the rental dates must be previously authorized by the lessor.
Failure to comply with this condition empowers the lessor to take charge of the vehicle
or require it judicially. The lessor reserves the right to collect the vehicle, at any time
during the term of this contract, if its use contravenes the provisions of such contract.
5.7. If at the return of the vehicle at the end of the rental, the lessee is not present at
the inspection for reasons attributable to him or her and damage to the vehicle is
appreciated, the lessee shall accept the valuation of the damage resulting from the
inspection carried out by the lessor’s personnel.
5.8. The vehicle will be returned with empty waste water and toilet tanks. Otherwise, a
supplement of EUR 120 will be charged for cleaning.
5.9. Filling the drinking water tank with something other than water, or the diesel tank
with something other than diesel fuel will incur a penalty of EUR 900.
6. Prohibited uses, maintenance and protection obligations:
6.1. The lessee acknowledges that he or she receives the vehicle in perfect mechanical
condition, provided with the necessary documentation and with the appropriate tools,
tyres and accessories and undertakes to keep them in good condition. Likewise, he or
she agrees to meet at all times the obligations and limitations described in the current
Traffic Code and undertakes to:
1.Do not allow other people to drive it other than the lessee or those who are
expressly authorized.
2.Do not carry more passengers than those specified in the vehicle documentation.
3.Do not sublet or transport people for commercial purposes and any other use that is
not included in the contract.
4.Do not transport any type of merchandise, drugs, toxic or flammable products.
5.Do not assign its use to third parties for free or for profit and do not help criminals.
6.Do not commit crimes, even if these are only punished according to the legislation in
force at the place of the events.
7.Do not drive the vehicle in bad physical conditions caused by alcohol, drugs, fatigue
or illness.
8.Do not travel outside the road network or in any unsuitable area, nor participate
with the vehicle in sports, endurance, races or other events that may damage it.
9.Do not use it to push or tow other vehicles or trailers.
10.Do not unseal or manipulate the odometer. In case of any breakdown, the lessee
must immediately notify the lessor.
11.Do not circulate outside the following countries without the express authorisation
of the lessor: Germany, Andorra, Austria, Belgium, Belarus, Bosnia-
Herzegovina, Bulgaria, Vatican City, Croatia, Cyprus, Denmark, Slovenia, Spain, Estonia,
Finland, France, Gibraltar, Greece, Hungary, Ireland, Iceland, Italy, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Norway,
Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Slovak Republic,
Macedonia, Russia, San Marino, Serbia, Sweden, Switzerland, Turkey and
12.It is expressly prohibited to travel to any country that is in war or armed conflicts.
13.Have the vehicle properly parked and guarded when not in use and protect it from
deterioration due to frost, hail or any other atmospheric phenomenon likely to cause
significant damage.
14.The lessee is expressly prohibited from changing any technical characteristic of the
vehicle, the keys, locks, equipment, tools and/or accessories of the vehicle, as well as
making any changes to its exterior and/or interior appearance, unless expressly
authorized in writing by the lessor. In case of violation of this section, the lessee will
bear all the costs of reconditioning the vehicle to its original state, including its transfer
to the Autocaravanas Okar SL car park. The lessee must also pay compensation for the
immobilization of the vehicle until its total repair.
6.2. The vehicle must be duly cared for and treated, as well as properly locked.
The technical standards must be taken into account, as well as the determining
provisions for use. The condition of the vehicle must be checked, at least every
thousand kilometres, especially the level of water and oil, as well as the tyre pressure.
The lessee agrees to regularly check whether the rental vehicle is in perfect condition
to drive safely.
6.3. Smoking is prohibited in all vehicles. Pets may be brought as long as the leasing
company has given its express authorisation in exchange for additional remuneration
according to the current rate at that time. The cleaning expenses, derived from any
breach, will be borne by the lessee. Likewise, the latter must incur the expenses
derived from the ventilation or the elimination of the smell of tobacco, including the
losses generated by the impossibility of renting the vehicle for some time due to this
6.4. In case of verifying that the provisions of the previous paragraphs have been
infringed (sections 6.1, 6.2 and 6.3), the lessor shall be entitled to immediately
terminate this rental agreement.
7. Procedure to follow in case of accident:
7.1. The lessee is obliged to immediately inform the lessor by calling the telephone
number of the rental centre (the telephone number stated in the rental contract), no
later than the following day, of any accident or damage that occurs to the rented
vehicle, including its external elements as well as the internal elements of the cabin. In
case of not diligently informing, the lessee will bear all the expenses of the loss of
profits equivalent to the days that the vehicle remains out of rental service as a result
of this damage.
7.2. Responsibility for the event will never be recognized or prejudged, except for the
“Friendly Declaration of Accidents”. The lessee must obtain all the data from the
opposing party and from the witnesses, which together with the details of the
accident, will be sent to the lessor within the indicated period. Immediately notify the
authorities of the accident if the opposing party is at fault. The accident report must be
delivered at the latest at the time of returning the vehicle to the lessor and it must be
duly completed and signed. The document must include the name and address of the
people involved, their driving licence data, the data of the opponent with the name of
the insurance company and the policy number, the data of any witnesses, as well as
the licence plates of damaged vehicles.
7.3. In case of robbery or theft of the vehicle, it shall be reported to the competent
authority immediately, communicating this and sending a copy of the complaint to the
lessor, together with the vehicle keys, within a maximum period of 24 hours;
otherwise, the contracted insurance and coverage will be null and void.
7.4. Even in the case of damage without another party involved, regardless of its
seriousness, the lessee must prepare a comprehensive written report for the lessor
together with an outline indicating the time, date, place and address and all other
circumstances that help to better reflect the events that occurred. If the lessee fails to
present the report – no matter what the reason is – thereby preventing the insurance
company from paying for the damage, the lessee will be required to pay the full
7.5. Do not abandon the vehicle without taking the appropriate measures to protect
and safeguard it. If necessary, contact the roadside assistance company contracted
with the insurer.
7.6. In the event of non-compliance by the lessee with any of these measures, if
applicable, the lessor will be entitled to claim damages from the lessee caused by his
or her negligence, including the loss of profits of the leasing company during the time
the vehicle is out of rental service and the expenses that this entails.
8. Defects of the motorhome:
8.1. The rights to compensation for damages by the lessee for defects not attributable
to the lessor are excluded.
9. Repairs and replacements of the vehicle:
9.1. The lessor is in charge of the normal mechanical wear of the vehicle. When the
length of the trip or the condition of the roads makes it convenient, the necessary
maintenance operations will be carried out in an official service of the chassis-engine
9.2. Stop the vehicle as soon as possible when any warning light comes on that
indicates a defect in the operation of the vehicle, and contact the lessor or the
assistance company arranged by the lessor. After that, go exclusively to an official
service of the brand of the chassis-engine, unless expressly authorized by the lessor.
9.3. The lessee may order those repairs that are necessary to guarantee safety during
the operation and circulation of the vehicle during the rental period without exceeding
EUR 150. However, the approval of the lessor will be necessary. The lessor will bear
the costs of the repair if the original supporting documents and the replaced parts are
delivered, provided that the lessee is not liable for the damage according to section 10.
Damage to tyres is excluded from this rule.
9.4. In the event that a repair of these characteristics is necessary due to damage
attributable to the lessor and the lessee is not in charge of solving it, the latter must
promptly notify the lessor of the damage in question and grant a reasonable period for
its repair. The lessor will not be responsible for the specific conditions of each country
(example: infrastructure), which lead to a delay in carrying out the repair.
9.5. In the event of any breakdown of the elements of the cabin, the lessee must
immediately notify the lessor, from whom he or she will receive the appropriate
instructions for the corresponding repair.
9.6. In the event that the motorhome suffers serious damage or it is expected that the
vehicle will not be able to be used for a long period of time or must be withdrawn from
circulation, and the lessor has a replacement vehicle equivalent in the number of seats
or higher to make available to the lessee within a reasonable period of time, the
termination of the contract would be excluded.
9.7. In the event that the motorhome suffers serious damage or the vehicle will not be
able to be used for a long period of time or must be withdrawn from circulation as a
result of the lessee’s fault, the lessor may refuse to offer a replacement vehicle. In this
case, the termination of the contract by the lessee is excluded. If the lessor is available
to make a replacement vehicle available to the lessee, the lessor will be entitled to
charge the lessee for any expenses derived from it.
9.8. In the event of a breakdown if the replacement service option has not been
contracted, the guarantees offered in the insurance policy and the car dealer must be
followed. The aforementioned insurance contract will have an extra cost that will be
calculated according to a percentage of the total rental cost and will entitle the lessee
to the replacement of the vehicle within 48 business hours after the receipt of the
replacement request by the lessee at any point of the Spanish territory. The costs of
moving the vehicle to the place where the lessee is located are borne by the lessee,
considering the expenses as the fuel and the costs for the return of the driver who
delivers the vehicle, unless its collection is made in the city of Barcelona in which case
there will be no transfer charges.
10. Lessee’s liability, all-risks insurance:
10.1. According to the principles of all-risks insurance, in the event of comprehensive
damage, the lessor will exempt the lessee from liability for material damage, with a
deductible of EUR 900, which the lessee must assume.
10.2. Under no circumstances will the lessee be exempt from his or her civil,
administrative or criminal liabilities or of any other kind resulting from an accident or
malicious behaviour.
10.3. The exemption from liability indicated in section 10.1 will not have effect if the
lessee omits any of the rules indicated in all the provisions of section 7.
10.4. The exemption of responsibility of the section 10.1 will not proceed in the event
that the lessee has caused damage premeditatedly or negligently.
10.5. Likewise, the lessee shall be liable in case of malicious behaviour in the following
1.If the lessee fails to obey the regulations and the current traffic code of the country
where he or she is travelling.
2.If the damage results from reckless driving under the influence of drugs or alcohol.
3.If the lessee or the driver, to whom the lessee has left the vehicle, flees in the event
of an accident.
4.If the lessee, contrary to the obligation established in section 7, does not notify the
police in the event of an accident, except in the event that this infringement does not
affect the verification of the reasons for the damage or its extent.
5.If the lessee violates other obligations of section 7, except in the event that this
infringement does not affect the verification of the reasons for the damage or its
6.If the damage is due to a prohibited use in section 6.1.
7.If the damage is due to a breach of the obligation established in section 6.2.
8.If the damage has been caused by an unauthorized driver, to whom the lessee has
left the vehicle.
9.If the damage has been caused by failure to take into consideration the
measurements of the vehicle (height, width, length).
10.If the damage is due to a breach of the provisions regarding the additional charge.
10.6. The lessee will be responsible for all expenses, fees, fines and penalties related to
the use of the vehicle, which are claimed from the lessor, except if it is due to causes
attributable to the latter.
10.7. If there are more lessees, they will be liable as joint debtors.
11. Lessor’s liability and prescription:
11.1. The lessor delivers the vehicle in perfect condition, having carried out all the
checks and maintenance necessary for its proper functioning. The lessor will not be
liable for mechanical failures or breakdowns due to the normal deterioration of the
vehicle, nor is the lessor responsible for expenses, delays or damages in any way
caused, directly or indirectly, as a result of such failures or breakdowns.
11.2. If due to force majeure, fortuitous facts or reasons beyond the control of the
lessor, the vehicle could not be delivered on the agreed date, this will not grant the
right to any compensation, except for the return of the amount paid as reservation to
the lessee.
11.3. The vehicle accessories (TV, antenna, SafeDoor, converters, sun screens, external
vision cameras, GPS navigators, stereos, speakers, etc.) as well as the keys and its
opening control are not covered by the insurance in case of theft or loss, so if any of
them lacks, it will be deducted from amount paid as deposit.
11.4. The lessor will not assume any liability for the lessee’s vehicle when it is parked
free of charge in the lessor’s premises during the rental period of the motorhome.
12. Jurisdiction:
In case of litigation derived from or related to the rental contract of the motorhome, it
is agreed that the jurisdiction is in Barcelona (Spain).
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