Terms & Conditions Coolcampers version 2017.2
The terms and conditions of Coolcampers apply to all agreements made between Coolcampers, hereinafter called owner, and a person or legal personality who hires a vehicle of Coolcampers, hereinafter called hirer. The terms and conditions can be viewed at the website www.coolcampers.nl and obtained at the depot of Coolcampers.
- Obligations owner
Reference the supply of the campervan, the owner will fulfill the following obligations:
1a) The timely supply of the campervan;
1b) The timely supply of the campervan in a reliable and safe state, which complies with the legal obligations, as laid down by the periodic motor vehicle test (MOT);
1c) The supply of the campervan, which shall be delivered in a clean state and complete with inventory;
1d) The supply of the campervan with accompanying documents, which include the registration certificate part 1A and 1B, MOT certificate, and the ‘green’ insurance card;
1e) Insure the vehicle (third-party liability insurance and passenger insurance);
1f) Verbally provide the hirer with instructions on the use and maintenance of the campervan and the inventory, and make the hirer aware of the vehicle’s manual at the start of the rental period;
1g) Complete and sign the vehicle check form together with the hirer on delivery of the vehicle. The owner and the hirer will check several points of attention and possible damage on the vehicle check form, and will agree to the condition of the vehicle at the time of delivery;
1h) Check the vehicle, together with the hirer at the end of the rental period on the basis of the signed vehicle check form, in order to determine the condition of the campervan at
re- delivery and to ascertain any possible damages.
- Obligations hirer
Reference the use of the campervan, the hirer shall fulfill the following obligations:
2a) Complete the payable deposit, cancellation fee, even if the hirer does not use the campervan or uses it for a shorter period than the agreed rental period;
2b) Use the campervan carefully, safely and in compliance with its purpose;
2c) The hirer shall not make any changes to the campervan and its inventory;
2d) Follow the instructions of the owner regarding the use and maintenance of the campervan, as indicated at the supply of the campervan and as described in the vehicle’s manual;
2e) The hirer will not provide, lend or rent the vehicle out to unauthorized people;
2f) Ensure that only the authorized hirer and/or the registered authorized co-hirer(s) will drive the campervan, everyone in the possession of a valid driver’s license for over 2 years and aged 22 years or older, unless otherwise agreed with the owner;
2g) Take care of the obvious maintenance aspects of the campervan, during the rental period, as indicated by the owner and as described in the manual of the vehicle, including regular checks of the correct oil level (at least every 1000 kilometer) and coolant level;
2h) It is prohibited to smoke in the campervan. The campervan must be returned clean and smoke, hair or odour free;
2i) Cooking in the campervan is at the hirer’s own risk;
2j) It is forbidden to sit or lie in the back of the campervan, whilst driving the camper;
2k) The purpose of the campervan is leisure and camping activities. It is not allowed to be used for moving house or other logistic activities;
2l) The tow bar located under the campervan should, in consultation with the owner of the vehicle, only be used to attach a bicycle carrier. The insurance on the campervan is no longer valid when a trailer or caravan is connected to the campervan by means of the tow bar;
2m) The campervan shall not be driven off-road;
2n) When the hirer suspects that damage or an engine related/mechanical defect has occurred during the use of the campervan, the hirer is required to contact the owner immediately. The owner will give instructions with regards to the necessary actions;
2o) The hirer shall notify the owner of personal handicaps that could pose a risk to traffic safety, the driver and co-hirer(s) or the vehicle.
3a) Only the hirer can request and agree to book a campervan. The hirer can request a booking verbal, via telephone, in writing, per email or via the website;
3b) A booking is considered as a contractual agreement. A booking is a commitment and is considered as a declaration of intent of the hirer to an agreement with the owner, based on the terms and conditions of Coolcampers. The agreement between the hirer and the owner is finalized once the owner has confirmed the booking;
3c) The hirer and the registered co-hirer(s) are required to provide the owner with a copy of his/her driver’s license, along with the signed rental agreement, in order to confirm the personal data included in the booking. The driver’s licenses has to be valid throughout the rental period and will be validated when the campervan is supplied;
3d) When the campervan is supplied, hirer’s from outside the European Union are also required to provide personal identification in the form of a valid passport, and need to be in the possession of an international driver’s license;
3e) The personal data and a copy of the driver’s license will be kept on file by Coolcampers for 12 months after the end date of the rental period, or if necessary, for a longer period, due to the settlement of possible costs incurred related to damages and accidents, fines or other outstanding costs;
3f) In signing the rental agreement, the hirer confirms that he agrees with the terms and conditions of Coolcampers, and confirms that he has received a copy of the agreement. In signing the rental agreement, the hirer also confirms he accepts that his/her personal data will be held in the administration of the owner, for the purpose of registering the hirer(s) included in the booking.
4a) The owner must pay the complete rent sum as stated in the rental agreement and invoice he has received. The rental agreement and invoice will also serve as confirmation/proof of the booking;
4b) The payment of the rent sum must be completed in accordance with the following conditions:
* The down payment of 40% of the rent sum must be settled as stated on the invoice within 10 days after the invoice date. * The remainder of the rent sum (60%) must be settled no later than 4 weeks (28 days) before the start of the rental period. When the period between the day of the reservation and the start of the rental period is 4 weeks or less, the total payment must be settled within 5 days after the invoice date or before a certain date specified by the owner.
4c) The hirer must pay the total rent sum before the campervan is supplied. The deposit should be in the owner’s possession before the start of the rental period. After returning the campervan at the end of the rental period, the deposit will be refunded to the hirer in the same manner the deposit was paid by the hirer. If applicable, damages and/or compensations will be deducted;
4d) The owner needs to be in the possession of the hirer’s payments on the dates as stated on the invoice. Should the payments not be made by the hirer on the dates as stated on the invoice, the owner has the right to cancel the booking; 4e) Should the hirer be neglectful in his/her payment(s), the owner can decide to forward the invoice to a debt collection agency. Any resulting costs (legal and/or non-legal and interest costs) must be paid by the owner in full.
5a) The hirer is required to cancel the booking in writing via recorded delivery. The delivery date of the letter sent recorded delivery serves as the official cancellation date;
5b) In the event of a cancellation, the hirer owes a percentage of the rent sum. This amount is dependent on the number of days, measured from the cancellation date prior to the rental period:
- Up to 56 days (8 weeks) before the start of the rental period: 25% of the rent sum.
- From 56 days up to 28 days (4 weeks) before the start of the rental period: 50 % of the rent sum.
- From 28 days (4 weeks) till the start of the rental period: 90 % of the rent sum.
- From the start date of the rental period: 100 % of the rent sum.
In the event of a cancellation, an amount of € 55,- administration costs will be charged along with the cancellation fee;
5c) Returning the rented campervan before the end of the agreed rental period, will never result in a refund (or partial refund) of the rent sum.
- Damages and policy excess
6a) The policy excess amounts is € 750,- or € 1000,- per vehicle per rental period, irrespective of blame;
6b) The hirer pays a security deposit of € 750,- or € 1000,- per vehicle per rental period before the start of the rental period;
6c) In the event of damages to the campervan and/or its inventory through loss, theft, a road traffic accident, mechanical defects, confiscation or one-sided damage, the hirer is liable for a maximum amount in accordance with the policy excess and a possible compensation from the hirer; 6d) Damages to the campervan and/or its inventory irrespective of its type or its cause, of whatever nature, caused by the hirer(s) or his/her travel group, will be deducted from the deposit, up to the maximum policy excess and a possible compensation from the hirer;
6e) Damages to the vehicle or engine as a result of an insufficient oil or coolant level, improper use of the campervan, negligence and/or not following the instructions of the owner will lead to a full deduction of the deposit and a possible compensation from the hirer;
6f) Damage will also affect the negative influence on the insurance premium by means of a loss, road traffic accident or two-sided damage;
6g) In the event of damages to the campervan and/or its inventory through loss, theft, a road traffic accident, improper use of the vehicle, mechanical defects, confiscation or one-sided damage, the hirer is required to contact the owner immediately. The hirer will follow the instructions provided by the owner at all times;
6h) In the event of damages to the rented equipment or to others, as a result of a road traffic accident, whether or not the hirer is at fault, the hirer is obligated to complete the European claim form, and when necessary have the police make a report of the offence;
6i) In the event of a defect or damage to the campervan, preventing it from fulfilling its purpose, the hirer is responsible for the vehicle, until repatriation of the vehicle to the Netherlands has been arranged by the owner;
6j) To guarantee the safety of the hirer and the quality of the vehicle, the campervan is limited to a maximum speed. Adjustments to the speed limiter located in the vehicle will be considered as improper use of the campervan and will lead to full liability of the policy excess and will be charged to the hirer at all times;
6k) In the event of confiscation by an authority (police/judicial authorities), because the authority is of the opinion that narcotics/drugs are being transported in the campervan, reckless driving has occurred, the hirer has been negligent with regards to the maintenance of the campervan, or has committed a crime or otherwise, the hirer is obligated to fully compensate the owner for the suffered damages. Any (non-) legal expenses incurred by the owner will be paid in full by the hirer;
6l) Costs incurred as a result of burglary, loss and/or theft caused by negligence of the hirer, will be passed on to the hirer at all times;
6m) (Fire) damages caused by smoking and/or cooking in the campervan by the hirer or his/her travel group, will be paid by the hirer in full;
6n) In the event of a defect or damage to the campervan, preventing it from fulfilling its purpose, the hirer can never claim a refund of the paid rent in full or partially;
6o) The owner is under no circumstances liable for personal, immaterial, material, consequential or physical damages of the hirer(s) or his/her travel group, originating from the use of the campervan, mechanical failure(s), or as a result of a road traffic accident or (one-sided) damage.
- Running and repair costs
7a) The costs incurred in connection with the improper use of the campervan not in accordance with its purpose, including the incorrect use of fuel (for instance petrol or red diesel), incorrect use of oils, tyre repairs, broken glass, fines, legal expenses, etc., will be charged to the hirer at all times;
7b) The costs linked to the use of the campervan, whilst in the possession of the hirer, will be paid by the hirer in full, including fuel costs, costs for the use of toll roads, legal fees, fines, and costs due to road-pricing;
7c) Rentals from 14 days have an unlimited kilometers. Rentals less than 14 days have 300 free kilometers per day, exceeding kilometers cost € 0,25 cent per kilometer;
7d) Should the hirer authorize any rectification work or repairs on their own initiative, without permission of the owner, any related costs will under no circumstances be paid by the owner. The hirer shall follow the instructions of the owner at all times;
7e) The incurred repair costs, authorized by the owner, will only be refunded by the owner once the hirer has provided the original, specified invoices, along with the replaced defective part(s). In the event of the hirer’s inability to provide the mentioned invoices and/or the replaced parts, the owner has the right not to refund the expenses. Reimbursement of the invoices in foreign currencies will be done according to the exchange rate and on the date the hirer provides the owner with the invoices.
8a) Should the owner discover that the hirer is not using the rented equipment in a careful manner or that the hirer is not fulfilling his obligations towards the owner, the owner has the right to annul the rental agreement at all times without legal involvement, in which case the owner is entitled to retrieve the rented equipment immediately, without prejudice to his right to damages;
8b) Reference the inadequacy: ‘the inability to supply the campervan on time’, the owner has the right to supply a similar campervan. This campervan will at least meet the specifications of the original campervan. However, type, lay-out, and composition may differ;
8c) The owner will in no case be liable for costs forthcoming from the inability to supply the campervan on time, due to a defect to the campervan by Acts of God and/or circumstances beyond the owner’s control, preventing the campervan from fulfilling its purpose;
8d) In the event of annulment, or partial annulment of the rental agreement forthcoming from the inability to supply the campervan on time, due to a defect to the campervan by Acts of God and/or circumstances beyond the owner’s control, preventing the campervan from fulfilling its purpose, the owner shall refund the paid rent in full, or partially to the hirer;
8e) When the hirer does not return the campervan on the agreed time in accordance with the rental agreement, the owner has the right to charge the hirer € 55,- per hour that the campervan is returned too late.
- Delivery and cleaning
9a) The campervan will be delivered to the hirer as follows:
– Clean inside
– Clean kitchen unit
– Clean cooler
– Clean upholstery
– Smoke, hair and odour free
– Full tank of fuel
9b) The campervan must be returned clean. Mandatory standard final cleaning fee is € 50, – (type 10 € 75, -). If the hirer remains negligent, the following extra costs apply:
– Upholstery of mattresses and front seats not clean €100,-
– Smoke, hair or odour is present €200,-
– No full tank of fuel €25,- +fuel
9c) As mentioned under section 2h, it is forbidden to smoke in the campervan at all times. The cleaning costs of € 200,- relating to the removal of smoke odours or other odours from the campervan, will be fully chargeable to the hirer;
9d) It is permitted to bring a dog along in the campervan.. The campervan must be returned hair and odour free by the hirer. In the event of negligence in returning the campervan hair and odour free, the cleaning costs of € 200,- involved to clean the campervan will be charged to the hirer;
9e) The campervan and its inventory will be checked by the owner at the delivery and after the return of the campervan in the presence of the hirer, based on the vehicle check form and the inventory list. The vehicle check form is signed by both the hirer and the owner at the time of delivery of the vehicle;
9f) Any missing and/or damaged items from the inventory when returning the campervan, will be fully chargeable to the hirer;
9g) The hirer is liable for the payment of the costs to replace the inventory, to repair damages caused to the campervan and inventory during the rental period, and/or possible cleaning costs as mentioned under section 10, for a maximum amount in accordance with the policy excess and possible additional compensation from the hirer.
- General conditions
10a) The use of the campervan, its inventory and its appurtenances is at the hirer’s own risk;
10b) Changes in the rental agreement and/or the terms and conditions are only valid if the hirer and the owner have agreed to the changes in writing;
10c) All hirers who will be using the campervan need to be registered in the rental agreement and are required to provide personal identification, in the form of either a valid driver’s license or passport. It is not permitted to have unauthorized people use the campervan. Damages and/or costs caused by non-registered people will be charged to the hirer in full;
10d) In the event of negligence, deception, concealment or illegal and/or reckless acts by the hirer, the owner has the right to annul the rental agreement, confiscate the campervan and claim damages from the hirer;
10e) Reference all rental agreements, the hirer is obligated to obtain the Dutch breakdown service road service package from the owner. The road service package includes:
* In the Netherlands: assistance during the day and night, emergence road side repairs, transportation and a replacement chauffeur;
* Abroad: road side repairs, transportation, repatriation of the vehicle, replacement chauffeur, replacement vehicle (passenger car, no campervan) in the event of difficult to fix breakdowns or after a traffic accident abroad (maximum of 30 days).
10f) Under no circumstances will the owner be held responsible for the service as described under section emergency breakdown service.
10g) The owner is under no circumstances liable for costs that are not covered under the road service package offered by the owner under the terms and conditions (e.g. hotel, taxi, restaurant or telephone costs or lost travel days). To cover these costs, it is advisable to take out an appropriate travel insurance;
10h) The hirer is obliged to adhere to the maximum number of passengers as indicated by the owner. The maximum number of passengers is equal to the legally allowed number of seats in the campervan, as indicated by the owner on the vehicle check form. When driving the campervan, it is forbidden to sit or lie in the back. Only the legally approved seats with seatbelts can be used whilst driving;
10i) The hirer is not allowed to drink alcohol or use drugs before or whilst driving the campervan, and should always adhere to the traffic regulations applicable to the country in which the driver and the vehicle are;
10j) The campervan may be driven in all EU countries which accept the international insurance document (green card). Restless countries or countries and regions that are at war should under no circumstances be visited.
- Applicable law and disputes
11a) Only Dutch law applies to the terms and conditions of Coolcampers and the agreements made by Coolcampers;
11b) Disputes, resulting from or related to the parties involved as per the agreement and the above-detailed terms and conditions, will be judged only by an official Dutch judge.