1 These terms
1.1 These are the terms and conditions upon which the Rental Company rents vehicles to the Customer. The Renter signs these terms together with the Rental Agreement when he/she signs the Rental Agreement.
1.2 The Renter is required to read these terms carefully before renting a vehicle from the Rental Company. These terms tell the Renter who the Rental Company is, how the Rental Company will provide vehicles to the Renter, how the Renter or the Rental Company can change or end the agreement, what to do if there is a problem and other important information. If the Renter thinks there is any error in these terms [or needs any change], please contact the Rental Company to discuss.
2. Information About Us and How to Contact Us
2.1. The Customer can contact the Rental Company by calling the Rental Company’s customer service team or by writing to the Rental Company using the contact details provided on the Rental Company’s website.
2.2 If the Rental Company needs to contact the Customer, it will do so by telephone or in writing using the email address or address the Customer provided to the Rental Company in the order.
2.3 When we use the words “in writing” in these terms, this includes emails.
3. Cancellation and Flexible Travel Policy
3.1 If cancellation occurs more than 48 hours before the time of check in, a full refund will be given in the form of a flexible travel voucher of the same amount paid at the time of booking.
3.2 The travel voucher can be used for a trip in any location, with any Guitom vehicle and on any pick-up date until 31 December 2021. The voucher can be used more than once until the aforementioned date until the entire value has been used. If a travel is booked at a higher price than the amount remaining on the travel voucher, it is only necessary to pay the difference in value in order to confirm the booking.
3.3 If the Renter cancels the booking less than 48 hours before the scheduled pick up time, the full amount of the booking will be charged to the Renter’s credit card and the Renter is not eligible to receive a travel voucher or refund.
3.4 A cancellation request will only be considered valid when communicated in writing via email to geral@guitom.com.
3.5. Only one cancellation request per booking is permitted: a customer may request a travel voucher once and use it to book a trip with different details, but will not be allowed to request a new voucher thereafter.
3.6. The occurrence of unforeseen or unavoidable events for which the Rental Company has no responsibility (examples: force majeure, war, natural disasters, pandemics and strikes) does not invalidate the full application of provisions 3.1, 3.2, 3.3, 3.4 and 3.5.
3.7. In addition, Guitom reserves the right to use any cancellation rights/alternatives provided by applicable law.
4. Payment / Credit Card
4.1 When the Hirer confirms the booking less than 7 days before the start date, his credit or debit card will be charged 100% of the rental amount, according to the option chosen (including rates and taxes).
4.2 When the Hirer confirms the booking 7 days or more before the start date, the credit or debit card will be charged with 20% of the rental amount, according to the option chosen (including taxes and fees). The remaining amount will be charged automatically in the same form of payment, 7 days before the scheduled check-in. If the hirer’s payment card is refused for the second payment, up to 5 days before the scheduled check-in, the reservation will be automatically cancelled and the amount initially paid is non-refundable.
4.3 Applicable exchange rates will apply according to Hirer’s method of payment/bank charges.
4.4. The security deposit can only be paid in cash or by credit card (Visa or Mastercard) and the credit card holder must be present at the time of collection. The vehicle cannot be delivered to the Renter if the security deposit is not secured on a credit card.
4.5. When the vehicle is returned, we will release the unused portion of the security deposit in accordance with the procedures of the Renter’s bank.
5. Duration of the hire
5.1. The vehicle hire charges are calculated per night.
5.2 Late pick-ups or early deliveries do not entitle the Renter to any refund of the unused portion of the rental.
5.3 Previously arranged pick-ups or deliveries at the request of the Renter out of hours are subject to an additional charge according to the price list in force.
6. Vehicle Pick-ups and Returns
6.1 For registered reservations, the normal pick-up and drop-off times of the Rental Firm are between 9:00 and 18:00, although they may vary depending on where the Renter picks up (the Renter must confirm the respective times once he/she makes his/her booking), otherwise an extra fee will be charged to the reservation.
7. Vehicle Availability and Upgrade
7.1 If the exact model of the vehicle booked is not available, the Rental Firm reserves the right to provide the Renter with a vehicle of similar category, according to availability at the pick-up location. Furthermore, the Rental Firm cannot guarantee specific colours or designs for the rented vehicle.
7.2 Extras are subject to availability at the pick-up location. If any Extra is not available during the pick-up, the Rental Firm will inform the Renter and refund him/her according to the amount paid for the item or service, and no further compensation will be due.
8. Documents / Driving Licence / Minimum Age
8.1. The driver must be over 25 years of age at the time of pick up, and present a valid driving licence for driving in Europe, class B (light), a valid ID document and a credit card (Visa, Mastercard) to secure the security deposit. Additional drivers must be present at time of pick up and also have a valid driving licence for driving in Europe, class B (light). Failure to comply with this requirement will prevent additional drivers from driving the vehicle.
8.2 The credit card holder must be present at the time of collection of the vehicle.
8.3 The rental company will not accept copies of driving licences, IDs or credit/debit cards
9. General
9.1 The Rental Firm may modify the Terms and Conditions of the Reservation at any time.
9.2 In specific situations, the Rental Company reserves the right, in extraordinary situations, to apply the Terms and Conditions in an adapted (or adjusted) manner if and insofar as it is indispensable to ensure the legitimate interests of the Rental Company.
Contract
1. Vehicle conditions
1) Renter acknowledges to have received the rented vehicle and extras, with the necessary legal documentation, in good condition and with all functionalities in working order.
2) The Renter will return the vehicle in good condition, with the same amount of fuel as at the time of collection and with all the vehicle’s equipment working normally, on the date, time and place of delivery set out in the Rental Agreement. Failure to comply with these criteria will result in additional charges to the Renter in accordance with the Rental Company’s price list. Any loss or damage to the vehicle, extras, equipment or spare parts hired, will be charged to Renter in full, in accordance with the Rental Company’s price list.
2. Documents
1) The execution and signature of this Rental Contract is based on the assumption of the existence of: a) Valid driving license to drive in Europe,
b) a valid CC or Passport,
c) a valid credit card (Visa or Mastercard). All documents were presented during the collection of the vehicle and signing of this Rental Agreement. If Renter fails to present the required documents, the vehicle cannot be rented and a no-show fee will apply.
2) It is Renter’s responsibility to hold a valid driving licence to drive in Europe.
3) The Tenant must be over 25 years of age.
3. Use of Vehicle
1) Renter agrees that, during the Rental Period, the vehicle may not be:
(a) driven by any person who is not named on the Rental Agreement as the driver.
b) Driven in a reckless or dangerous manner.
c) Driven by a person who is under the influence of alcohol or drugs.
d) Abandoned with the key inside the vehicle, without any occupant.
e) Damaged by submersion in water or contact with salt water, driven in flooded areas, on the beach and on unpaved roads.
f) Used for any racing, competition, or any illegal activities.
g) Used for towing any vehicle.
h) Used to carry passengers or goods for hire or reward.
i) Used to carry a number of passengers in excess of the passenger capacity permitted by law.
j) Used to transport hazardous materials, volatile liquids, gases, explosives or other corrosive or flammable materials other than gas supplied by the Rental Firm.
k) Used for the purpose of transporting and moving property, other than that which could reasonably be expected to be found in a vehicle hired for pleasure.
l) Used to install accessories and advertising or commercial signs.
m) Driven off-road, closed roads, or roads unsuitable for the rental vehicle under local laws and regulations.
2) The Rental Firm shall not be liable for any consequences, or any damage, loss and/or other costs resulting from the Renter not acting in accordance with the aforementioned points (a) to (m).
3) Renter acknowledges that the Rental Firm retains title to the vehicle at all times and shall not agree, attempt to offer or intend to sell, sublet, lend or mortgage the vehicle to any other party.
4) Renter shall not make any alterations or additions to the vehicle without the prior written consent of the Rental Firm.
5) Renter shall take all reasonable steps for the proper maintenance of the vehicle, including daily checks of the oil, water and batteries, and shall contact the Rental Firm if the vehicle warning lights indicate any potential malfunction.
6) All electrical devices (including the cooler) may not be connected to the battery for more than 8 hours straight without charging the battery at least once a day, this may be done by running the vehicle or other 230V power sources (Ex. at camping sites).
7) The Hirer is responsible for monitoring and obtaining information on weather forecasts and road conditions on his journeys, and communicating this publicly.
8) This contract will be immediately terminated and the reservation cancelled without any need for judicial intervention, if the vehicle is used in any conditions that constitute a violation of this Rental Agreement or the commission of a crime. Furthermore, the Rental Company reserves the right to justifiably repossess the vehicle at any time without prior notice and the Renter shall be liable for all costs involved.
4. Pets
1) It is not permitted to travel with pets. The rental company will not be liable for any fines or legal fees arising from the presence of pets inside the vehicle.
5. Gas Policy
1) Models with portable cookers: Customers who have prepaid for gas will receive 2 full disposable gas cylinders. Additional gas cylinders may be purchased throughout the rental period at Renter’s expense.
2) Models with integrated cooker: Customers who have pre-booked for gas (as an extra) will receive a full gas cylinder. If the pre-paid gas cylinder is not purchased, the Rental Firm will deliver the vehicle with two cylinders, namely the one returned by the previous customer (with a variable gas level) and also a full, sealed gas cylinder. The renter has the option to use the full and sealed cylinder during his trip and, if he does so, the Rental Firm will charge the renter for the defined price.
6. AdBlue policy
1) All models requiring AdBlue are delivered with a minimum of 50% of the tank full;
2) Renter is permitted to use the full AdBlue tank during the journey without having to pay for the difference in level or refill when the vehicle is returned;
3) Additional AdBlue can be purchased during the Hire Period at Renter’s expense and the Leasing Company will not reimburse Renter for any remaining AdBlue on handover.
7. Mileage Policy
1) All bookings include a fixed number of kilometres/miles per night free of charge, which may vary according to seasonality and number of nights.
2) Customers have the option to add extra or unlimited kms/miles prior to their journey during the booking process.
3) Any additional kms/miles will be charged on delivery. The amount of the charge per extra km/mile for each booking is communicated during the booking process as it may vary with the pick-up location and vehicle model.
8. Roadside Assistance and Technical Issues
1) Any problems relating to the vehicle, including equipment breakdowns, must be reported immediately to the Rental Company as it may be possible to rectify the problem during the Rental Period. Failure to report prior to contracting external travel assistance, cancels the Rental Firm’s responsibility.
2) The Renter must contact the Rental Firm before contacting any external travel assistance company as the Rental Firm can assist the Renter with technical problems, without having to dispatch its employees for repairs/exchange services of the vehicle.
3) The Rental Company’s assistance covers any technical or mechanical defect of the vehicle, arising from a manufacturing or material deficiency that directly makes the part in question unfit for operation during the warranty period.
4) The following are not covered by the Rental Firm’s Roadside Assistance
a) Lack of fuel in the vehicle.
b) The keys being locked inside the vehicle, damaged (e.g. by moisture in the key), or lost.
c) Batteries discharged due to misuse and/or incorrect use of any equipment requiring the batteries to operate.
d) Vehicle stuck off the road or on unpaved roads.
e) Breakdown caused by wilful neglect.
f) Assistance to effect a tyre change. Any towing/relocation costs will be charged to the Renter.
5) The Rental Firm provides 24-hour assistance, but outside office hours some delays may occur.
6) In the event of a breakdown, Renter is not permitted to carry out repairs or alterations to the vehicle unless authorised by the Rental Firm and follow the exact instructions. For any breakdown that does not require the immobilisation of the vehicle and cannot be repaired on the spot, the Rental Firm will present the Renter with a replacement part/vehicle at the nearest depot, subject to availability. In the event of an accident, where the Renter is held responsible, the Rental Firm is not obliged to present a replacement vehicle.
7) In case of immobilisation of the vehicle due to mechanical breakdown, or accident, and if it is not possible to carry out the repair on site, the Rental Firm will send a tow truck to transport the vehicle and the driver to the nearest depot of the Rental Firm or repair workshop.
9. Insurance Coverage
1) The hired vehicle is covered by compulsory civil liability insurance against third party vehicles and own damage.
2) The insurance is valid in the following European countries: Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Iceland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom. Driving in countries other than those mentioned above is a violation of the contract and the Rental Firm cannot be held responsible for any damage, breakdown or other problem that happens outside the authorised Countries, the Renter being solely responsible for the costs of repair and/or relocation of the vehicle, as well as any other expenses, costs, fines or fees that the Rental Firm may incur. The Rental Firm reserves the right to charge the Renter a penalty of €1,000 (one thousand euros) for each day the vehicle is used or is in any country where the insurance is not valid.
3) The vehicle is only insured for the duration stipulated in the contract. The Rental Firm cannot be held liable for any damage outside the duration of the rental, the Renter being the sole responsible party.
4) The Renter is liable for any damage while in possession of the vehicle, up to the amount of the security deposit, taking into account all the exclusions described in clause 11 – “Liabilities”. All protection plans and security deposit options only cover the first accident, liable to activate the insurance coverage. Should the vehicle have more than one accident liable to activate the insurance cover during the rental period, Renter will be liable for the full repair cost for each additional damage. In order to cover the costs of any damage, the Rental Firm will captivate the total amount of the security deposit on the credit card associated to the Renter.
5) If the Renter violates any of the conditions stipulated in the provisions of the Rental Agreement, all options of the protection plan will be cancelled, and the Renter will be responsible for the total cost of all damages.
6) The rental company reserves the right to charge any additional costs that are not covered by the insurance/travel assistance agreement.
7) Insurance for headlights, side mirrors, skylights and acrylic windows are not included.
8) Wheel rims and tyre change service are not included.
10. Accidents / Vehicle Damage / Theft
In the event of an accident, the Renter undertakes to follow the following procedures:
1) Notify the Rental Company and the police authorities immediately of any accident, theft, robbery or other misfortune.
2) Take photographs and obtain names and addresses of all persons involved, as well as witnesses, who can document what happened.
3) Complete the amicable declaration, together with other involved party(ies).
4) Not to leave the vehicle without taking all measures for its protection and safety.
5) Not to assume any responsibility nor to declare himself/herself guilty, on behalf of the Rental Firm or in case of an accident that may make the Rental Firm liable.
6) To collect and send immediately after the accident, the friendly statement with the data of other vehicles and drivers that may be involved, the report of the authorities and the keys of the vehicle (in case of theft) to the Rental Firm. Otherwise, all Insurance and risk cover will be cancelled and the Renter will be liable for all expenses.
11. Responsibilities
1) The Rental Firm does not accept any liability for personal damage suffered during the rental period and recommends that no valuables should be left in the vehicle, on view, while the Renter is out of the vehicle. The Rental Company is not responsible for any property lost or stolen during the rental period, nor for damage to the interior or exterior of the vehicle due to vandalism/theft, accidents or weather. Any liability of the Rental Company is limited to the amount paid for insurance. Any exclusions or limitations of the Rental Company’s liability shall only apply to the extent permitted by law.
2) Renter acknowledges that Renter is responsible for all costs of the following damages, regardless of the Protection Plan that may have been hired. The damages identified below are specifically excluded from any Protection Plan option:
(a) Any damage due to the vehicle in case of breach of a clause of this Rental Agreement.
b) Any damage caused by intentional conduct, influence of alcohol, drugs or any substance that reduces driving ability.
c) Any loss/damage/personal items stolen.
d) If the Renter engages in careless or negligent behaviour of any kind or fails to comply with local road rules resulting in damage to the vehicle or third party property.
e) The cost of retrieving or recovering the vehicle from any restricted, submerged, stranded or abandoned area, except where caused by circumstances beyond the Renter’s control.
f) The cost of replacing keys that have been damaged, lost, stolen or locked inside the vehicle.
g) Drivers not identified on the Rental Agreement or drivers with a cancelled, expired or suspended driving licence.
h) For any costs associated with the incorrect use of fuel.
i) All damage under the lower door lines or above the windscreen line if there is no collision with a third party.
j) All damage caused by collision with animals.
k) Damage caused to doors by strong winds.
12. Returning the Vehicle
1) The vehicle must be returned on the day, time and location specified in this Rental Agreement.
2) Renter may change the delivery location or the date / time if permission is given by the Rental Company’s reservation team in writing. This change may involve additional costs, the amount of which will be communicated by the reservations team.
b) The charge applies in all cases, regardless of the reasons for the change.
c) If the Rental Firm does not confirm changes by email, the hirer must comply with the place, date and time of delivery set out in the contract.
3) Failure to obtain authorisation and delivery of the vehicle outside the hours previously agreed in the Rental Agreement will result in an extra charge of three times the rental rate per night, which must be paid immediately after delivery.
4) If the vehicle is returned to a location other than the contracted location, the hirer is liable for all losses arising therefrom that are caused to the Rental Company.
5) If the vehicle is not returned to a member of the Rental Firm’s staff, Renter is liable for all loss or damage, including theft or robbery of the vehicle.
6) Vehicle equipment: All vehicles are supplied with a cleaning kit and if the vehicle equipment and/or hire extras are not returned in the same condition as they were delivered, Renter will be charged a fee according to the value of the item(s).
7) An additional cleaning fee of €100 will be charged to Renter if the vehicle is delivered with dirt on the inside (rubbish, sand, earth, mud or other debris) and/or outside (grey water tank full, chemical toilet full).
8) If the vehicle is not returned with the same level of fuel as on collection, the Renter will be charged €40 for each 1/4 tank missing.
13. Liability / Security Deposit and Payments After Rental
1) The security deposit can only be paid in cash or by credit card (Visa or Mastercard) and the credit card holder must be present at time of collection. Upon delivery of the vehicle, the Renter is obliged to pay the security deposit as stipulated. This amount will be captivated on Renter’s credit card to guarantee additional payment in case of theft or accident and any other damage to the vehicle during the rental period.
2) If the amount of the security deposit is not authorized by the bank or the credit card holder, the Rental Agreement may not be executed and the vehicle may not be delivered. In this case the no-show fee will apply and Renter will be charged the full amount of the reservation.
3) The security deposit will be returned to the Renter at the end of the rental period, after an inspection by a member of the Rental Firm’s staff, who must declare that the vehicle is in a similar condition to that in which it was picked up.
4) The cost of damage to the vehicle, its equipment or rental extras, will be charged according to the Rental Company’s price list.
5) In the event of an accident for which the Renter is not responsible, the Rental Firm shall retain the total amount of the security deposit until the Insurance Company informs the Renter that he is not responsible.
6) If the cost of repairing the damage cannot be determined immediately, the Rental Firm will retain the full amount of the security deposit.
7) Renter agrees that the Rental Company is authorised to charge the credit card on file for any other amounts that may arise, such as parking costs, fines, penalties for traffic offences, tolls, damage to the vehicle (interior or exterior) and overdue amounts, which are solely the responsibility of Renter. The Rental Company is entitled to check any damage to the vehicle for 30 days after the last day of the rental contract. If the Rental Firm is notified or contacted by any public or private entity for the behaviour of the Renter, the Rental Firm will charge the Renter, for each event, an administrative fee of
i) £25 if it is only legally necessary to identify the Driver/Renter or
ii) an administration fee of £50 if the Rental Firm is required to make any payment on behalf of the Renter or make any opposition/appeal, without prejudice to the Renter’s full refund to the Rental Firm of any amounts paid by the Rental Firm resulting from or increased by the Renter’s behaviour.
8) The Renter must provide the Rental Firm with an alternative credit card which can be used to fulfil the Renter’s obligations under the Rental Firm’s Terms and Conditions in the event of insufficient funds, transactions refused for any reason and credit card cancelled or suspended.
9) All unpaid invoices will accrue interest, equivalent to the highest legal rate, plus a flat fee, corresponding to 20% of the unpaid amount, and any compensation for damages incurred / loss of profits that is due by law. In the event of a legal dispute that is in any way related to this Rental Agreement, the parties agree that the jurisdiction of the place of collection of the vehicle will apply. The European Commission provides an online dispute resolution platform, which can be accessed at http://ec.europa.eu/odr. The Rental Firm is not obliged to participate in a dispute resolution procedure before a consumer arbitration body. If the parties fail to reach an amicable out-of-court settlement, all disputes shall be submitted to the competent court in the applicable jurisdiction.
14. Tenant Agreement
1) This contract constitutes the agreement between the parties and there are no other understandings, warranties or oral agreements between the parties. All charges are calculated in accordance with the Rental Agreement and applicable Terms and Conditions.
2) By making the booking and paying the initial deposit, Renter has automatically read and agreed to the Terms and Conditions available on the Rental Company’s website.
3) Renter warrants that all information provided in connection with this Rental Agreement is true.
15. Vehicles and brands
If, for any reason that is not the responsibility of the Rental Company, such as a delay by the previous renter, accident, theft, breakdown, weather conditions, pandemics, strikes or any other situation that may compromise the delivery of the vehicle previously booked, it is not possible to make the delivery on the stipulated date, the Rental Company may:
1) Make available a vehicle of equivalent category or model. The make, year, appearance and layout may vary.
2) Inform the Renter of the unavailability of the vehicle and refund the amount already paid, without any further compensation, to the extent permitted by applicable law.
16. Data Protection
For the purposes of the provisions of the current regulations concerning the protection of personal data and information society services and e-commerce, you are hereby informed that your personal data, both those provided for the formalisation of this contract and those collected during the term of the rental services, will be incorporated into a personal data file, in order to be able to manage the rental vehicle services rented, as well as for commercial purposes, such as to keep you promptly informed of all offers, products and promotions that may be of your interest, by e-mail.
The Tenant has the rights recognised in the General Data Protection Regulation to access, rectify and delete data, oppose their processing and request their limitation.
