General terms and conditions of campervan rental

1. Terms of rent

1.1. The Campervan can be leased by a legal and/or natural person, and can be a Croatian or foreign national.

1.2. All drivers must have valid licenses to drive in Europe and should be older than 18 years old. All drivers must have a safe driving record.

1.3. If the driver is younger than 21 years or has been in possession of a valid driving licence for less than 2 years, Stress free insurance plan is required.

1.4. At the time of pick-up, the driver must present a valid driver's license and enough funds to cover security deposit.

1.5. Start of the lease of the campervan begins with the acceptance of the bid, signing of the lease agreement and transceiver log from both parties, payment of the entire amount of the lease and the security deposit.

1.6. The lease ends with the signing of the delivery log from both parties, payment of all additional costs and the return of the security deposit after a thorough inspection of the camper.

1.7. With the signing of the lease agreement and transceiver log both sides confirm that the campervan supplied is technically correct, clean, with all the agreed equipment and documents, and the lessee is aware of how the vehicle works and he is informed about any previous small imperfections and impairments.

1.8. YourWay reserves the right to cancel the booking if:

• The driving license is not valid;
• If the lessee is not able to provide the security deposit;
• If the lessee is not able to provide the required documents

1.9 In case of non-compliance with the provisions of this Agreement or in case of any dispute, the court in Zadar will have jurisdiction.

 

2. Cancellations, Refunds and Modification

2.1. If the lessee cancels reservation more than 60 days prior to the scheduled pick-up time, the lessor is to refund 90% of the full amount of rental.

2.2 If the lessee cancels reservation within 60 to 15 days prior to the scheduled pick-up time, the lessor is to refund 50% of the full amount of rental

2.3 If the lessee cancels reservation within 15 days prior to the scheduled pick-up time, 100% of the reservation will be charged

2.4 In the event the lessee wants to finish his journey before it is specified by the contract, the lessor is not obliged to reimburse the amount of the unused days of hire.

2.5 The lessee, who because of previous damage or failure cannot use the camper in the agreed term will by agreement opt for a second term or will be returned the full paid amount. The Lessor commits to contact Lessee by e-mail or phone and does not undertake to assign the second vehicle to the Lessee.

2.6 The Lessee shall in no case have the right to terminate the contract if the rental has begin and if the rental contract is fully completed or after the car rental has ended and the vehicle is returned.

2.7 Modifications can be made to your reservation until the rental agreement has been signed. If you wish to change your reservation please send us an e-mail at info@yourway.co. Changes have to be confirmed by YourWay through email.

2.8 Your quoted rental rate is based on the exact parameters (locations, dates and times, etc.) of your particular rental. Changing your confirmed reservation parameters could result in different rates.

3. Payment

3.1. Lessee will be charged 30% of the full amount in order to confirm the booking. In the event the charge card is declined, you will not receive a rental confirmation.

3.2 At the time of payment prevailing exchange rates apply.

3.3 The rest of the booking cost has to be paid on your arrival.

4. Security deposit

4.1 Security Deposit is held for any possible damages to the van, according to the Insurance Plan selected.

4.2 The security deposit amount depends on the insurance model you've chosen (Basic, Extended, Stress free), it varies from 400 to 1000 €.

4.3 The lessor keeps the security deposit and has the right to additional reimbursement of costs as well as lost gains (lucrum cessans) in the following cases:

• The damage is caused intentionally or negligently;
• The damage incurred due to alcohol intoxication or under the influence of drugs or other psychoactive substances and medicine, which may, according to the instructions for use, affect driving ability;
• The lessee fails to return vehicle on time;
• Any and all expenses incurred by the lessor if he has to bring the vehicle back to his premises, in the event that it has been left somewhere without supervision, without regard to condition of the vehicle, the roads or the weather;
• The damage is caused by the unauthorized driver, excessive load and by any other prohibited ways of usage

 

5. The pick-up and drop-off of the camper

5.1. Campervan is picked-up from 14.00h to 18:00h or by appointment. The lessor and the lessee together review the camper and the transceiver log is signed that will be the basis for determining any damages when returning the camper.

5.2. The return of the camper is until 10:00h or by appointment. The lessor and the lessee together again review the vehicle and sign a delivery log. They will return the keys and documents for the campervan.

5.3. After-hours pick-ups or drop-off’s requested by the client are subject to an extra fee of 19€ (between 07.00 – 14.00 or 18.00 - 22.00) or 39€ (late night between 22.00 - 7.00) and need to be agreed by both parties.

5.4. The customer can request for changes in pick-up time until 48 hours before the pick-up time. Changes have to be confirmed by YourWay through email.

5.5. The lessor shall give to the lessee one technically correct camper with a full fuel tank, one gas catridge, a full tank of fresh water and an empty tank for waste water. After the signing of the transceiver log the lessee gets the keys and documents of the campervan and is obligated to return the undamaged, technically correct, clean camper, an empty tank for greywater and a full fuel tank.

5.6. When picking-up the camper the lessor shall verbally explain the details of the ride and the instructions related to the use of the campervan.

5.7. Pick-up and drop-off of the campervan is carried out at the headquarters of the company in Zadar, or by arrangement.

5.8. Late pick-ups or earlier drop-off’s are customer's responsibility, and do not entitle the customer to any refund of the unused portion of the rental.

 

6. Traffic Violations

6.1. In case Lessor is required to pay any amount for any traffic or parking violation, Lessor shall, after paying them, charge the Lesse/his account for the amount of such paid fees plus interest and other expenses.

6.2. The Lessee is responsible to Lessor for any fines or charges relating to traffic and/or parking. In case Lessor receives a notice of traffic or parking violation/fine committed or incurred during the term of the rental, it may send to the Lessee a copy of such notice as soon as possible and provide the necessary information to the authority responsible for issuing such notice, penalty or fee to the Lessee.

6.3. Lessor is entitled to charge the Operator/Additional Operator an administration fee of 50€ to cover the costs of administration and sending the notice to the relevant authority, the Operator, Additional Operator or the Renter in connection with such traffic and/or parking violations and charges/fines.

 

7. In the event of an accident

7.1. For the duration of the lease, in case of damage, failure or theft of the campervan the lessee is obligated to immediately notify the lessor from 0-24 h by a phone call so that the lessor can provide repairs ie. procurement of spare parts, and so that they can arrange for further actions (roadside assistance, repair, service, payment, etc.) in cooperation with the lessee. If technical service is required, it must be made by authorized service providers only.

7.2. In the case of break-in, the lessee is obliged to inform the police in the country where the campervan is located at that time. In case of theft, he must surrender to the police all the documents of the campervan and the keys. The lessor is not obliged to reimburse the costs for accommodation of the lessee, is also not required to provide a replacement vehicle and is not entitled to give a refund of the rental fee.

7.3. In case of a traffic accident the lessee shall:

• Immediately notify the lessor and report the accident to the police (which is competent in the state where the accident has occurred) regardless of the cause and type of the accident (traffic collision, theft, burglary of the Vehicle, damage to the Vehicle in parking lots, damages to the Vehicle by unknown person, etc.);
• Fill out the form »European Accident Statement«;
• Provide and sign a written statement of no alcohol intoxication;
• Hand over the relevant documentation, European Accident Statement and a sketch of the damages to the Vehicle to the lessor;
• Names and data of all persons concerned in the accident shall be stated in the accident report
• In the event of any damage to the rented vehicle during the rental period, the lessee is obligated to immediately notify the lessor. The accident report must, in particular, contain the names and addresses of the persons involved, must name any witnesses as well as the registration numbers and insurance details of the vehicles involved. If the lessee does not comply with this obligation, the lessor reserves the right to charge a contractual penalty of €1,000.00.
• After an accident, fire, theft, damage caused by animals or other damage, the local police must be informed. This also applies to accidents for which the lessee is solely responsible without any other third-party involvement. If the lessee fails to report the incident or damage to the police, he/she shall be fully liable for any resulting economic disadvantages of the lessor. Any opposing third-party claims must not be recognised. Apart from the standardised European accident report, no other documents relating to the accident must be signed.

7.6. The lessor is not obligated to substitute the Vehicle with a spare Vehicle in case of traffic accidents and damages. In case the YourWay van is unable to be driven and if the breakdown of the van was not caused by the driver's negligence, we provide the customer up to 4 nights in hotel while the van is in the repair garage.

7.7. Admin Fee in amount of 25€ is charged to lessee in all cases of traffic accidents.

7.8. If it is determined that the traffic accident and damages occurred due to the driver’s carelessness in traffic or driving under the influence of alcohol and drugs, insurance does not cover the repair costs of the camper, and all the repair costs of the camper, compensation for lost profits and lost bonus will be charged to the lessee.

7.9. If any damage is detected while on route, the lessor must be notified via phone call or Whatsapp immediately. Should a repair be necessary, the rented vehicle must be stopped immediately before further damage can occur. The continuation of the journey, even to the nearest garage, shall only be permitted with the prior consent of the lessor. This does not apply if consequential damage can be ruled out based on the type of damage reported. If the lessee takes the rented vehicle to a garage or has it taken there, the lessor must be informed immediately, and before giving the repair garage a repair order, about the garage, the duration and the costs of the repair. Repair must not commence before approval has been granted. The lessor shall only pay repair costs if the repair has been approved by them beforehand and only upon presentation of the respective receipts. The lessor must be given the exact contact address of the garage immediately.

7.10 Damages NOT covered by the insurance:

a) Intentional damage or damage due to gross negligence on the part of the driver (such as driving in extremly narrow roads, forest etc.).

b) Damage resulting from the driver being under the influence of alcohol, stimulants or sedatives or under the influence of any other intoxicants that might make the driver incapable of driving the vehicle in a safe manner.

c) Damage due to race driving.

d) Damage due to war, revolution, civil unrest or riots.

e) Damage done by animals.

f) Damage caused by putting Gasoline on a Diesel fuel tank.

g) Damages due to river crossing or any other water damage to the vehicle.

h) Damages resulting from driving out of roads (unpaved roads and through bushes)

i) Damage affecting only wheels, tires, suspension, batteries, glass (other than windows), radios, or any other parts of the vehicle lost or damaged by theft.

j) Holes burned into seats, carpets or mats.

k) Lessor’s loss if vehicle is stolen.

 

8. The responsibility of the lessee

8.1. The driver agrees that before and during the journey he will not drink alcohol or use other substances that can reduce psychomotor abilities (medication, drugs …). Otherwise, the insurance companies will not cover the cost of any damages and the lessor is obligated to settle all the damages, compensation for lost profits and lost bonus.

8.2 The driver and all passengers while driving must have the seatbelt on at all times.

8.3. The driver is responsible for all the damages that were not caused in a car accident, and for all misdemeanors and penalties occurred failing to meet the regulations, rules, law.

8.4. The lessee/driver is liable for the insurance deductible amount included in the comprehensive insurance for any potential damage.

8.5. In case the insurance company for any reason refuses the payment, the lessee is obliged to cover the damage in full.

8.6. The lessee shall pay attention to the indicators on the Vehicle panel. Any damage caused by the lack of care and attention of the lessee to the Vehicle’s engine (oil level, engine temperature, wrong fuel choice, battery stagnation, cooling liquids…) will remain at the lessee charge.

8.7. On May 1, 2009 a new act on changes in Hospitality and Catering Industry Act (Zakon o izmjenama Zakona o ugostiteljskoj djelatnosti) came into force in Croatia. According to this Act, camping, parking or lodging for the night outside camps or places intended for parking are violations that are punished with fine. Prohibited camping on private properties may lead to sealing the Vehicle for 60 days. Unsealing it is a violation of the law. The lessee strictly binds himself not to infringe this act. In case of infringement the lessee himself bears responsibility and covers all costs arising from the infringement, covers all expenses of the lessor’s income loss and all damage to the Vehicle caused in the time of sealing.

8.8. The driver is materially and criminally liable even after the termination of the lease in relation to later received, for example. violations, parking tickets … (created during the duration of the rental period).

8.9. With his signature driver confirms the correctness of its data.

8.10. During the term of rental, the driver shall :

• act in a reasonable manner and according to the best business practices when driving and parking the Vehicle;
• maintain the coolant and battery fluid in the Vehicle at the required level;
• maintain the oil in the Vehicle at the required level;
• only use the type of fuel specified for the Vehicle;
• maintain the tire pressure at the required level;
• refrain from altering the speedometer or odometer readings;
• will take care of battery power and solar panels. You need to monitor battery level and if it drops under critical voltage you need to charge the campervan in the campsite. We are not responsible for any loss of energy caused by not taking care of battery level.
• will conscientiously use and care when using kitchen appliances (refrigerator, gas hob, water tanks);
• discontinue driving and immediately notify Lessor in case a light signal is activated or if the Lessee considers the Vehicle to need a mechanical inspection or repair;
• have the documents and Vehicle keys always with him when leaving the Vehicle. In opposite case the insurance company will not cover the costs arising from Vehicle theft, which means the lessee has to cover all costs himself.
• obey road traffic rules and regulations

8.11. The lessee is responsible for all the damages that have occurred after the pick up of the campervan.

8.12. In the event of accidents, loss, theft or improper operation in respect of the rented vehicle (such as driving on unpaved roads) the lessee shall be liable for the repair costs.

8.13. If the lessee fill the car with the wrong kind of fuel, we will deem this as driver negligence.

8.14 Each insurance self-risk only applies to one incident. In case of damages that obviously did not occur at the same time from the same incident your insurance self-risk will be charged for each incident.

 

9. The use of the campervan

9.1. Smoking is not allowed in the campervan. Failure to respect the provision will be charged in the amount of 300€.

9.2. The driver is required to lock the campervan when he leaves, and to always carry the keys and documents with him. Lost keys will be charged 250€, and the lost documents 450€. Cost of keys and documents can be added on top of the deposit if customers cause more damage than paid in deposit.

9.3. The driver is obligated to use the campervan for tourism purposes only, not for other purposes, especially if prohibited by law. The lessor prohibits the use of campervan to participate in any motor or other sporting contests, using the campervan as a test vehicle, for driving and hauling other Vehicles or loads, and for subleasing the campervan. It also prohibits the use of the campervan for any illegal actions, customs and other offences as well as for transporting easily inflammable and explosive materials. The lessee should not go with the campervan in areas for which the lessor shall issue an explicit prohibition. By disregarding the provisions above the lessee waives his security deposit entirely in favor of the lessor.

9.4. All repairs of the campervan by the lessee are prohibited without prior agreement with the lessor otherwise, the repair costs shall not be recognized.

9.5. In case of damage to the campervan or the equipment in the campervan due to the age or technical defect, the lessor shall cover all costs, and in agreement with the lessor, the lessee can take over payments, that will be returned to the lessee in the full amount.

 

10. The responsibility of the lessor

10.1. The lessor is obligated to give to the lessor a clean, correct, insured, registered and technically correct vehicle, without a fault that could cause an accident.

10.2. With his signature the lessor certifies that the lessee is fully familiar with all the terms of the lease and that there are no objections to it. The contract is drawn up in two copies, and each contracting party will receive one copy of the contract.

10.3. For any disputes arising from this contract, the parties will try to solve them by mutual agreement. If this is not possible, the jurisdiction of the municipal court in Zadar is to be contracted.

10.4.Lessor shall not be liable to the lessee or any passengers in the Vehicle for any loss of or damage to any items left in the Vehicle neither during the rental nor after the Rental End. By signing the Rental Agreement, the Lessee specifically waives any claims against Lessor for such losses or damage.

 

11. Returning the Vehicle

11.1. YourWay reserves the right to look for, investigate any damage to the vehicle to during a period of 3 working days after the end of the rental, and charge the lessor therefor.

11.2. Final calculation of possible damage costs will be sent to the lessor through an email in 21 working days after the campervan drop-off, payment will be deducted from the security deposit. In case security deposit has been released back to lessee or not been paid or in case the amount of money owed exceeds the amount of the security deposit, lessee needs to pay via bank transfer in 7 working days.

11.3 The lessee undertakes to return the Vehicle in the same condition as when collected and to return the Vehicle at the agreed time and place to the lessor. The lessee is obliged to return the Vehicle with:

• clean dishes and emptied rubbish bins;
• emptied container for greywater;
• same amount of fuel as when Vehicle was received

11.1.4. In the event that dishes are not cleaned, rubbish bins are not emptied or waste water container is not emptied lessor will charge lessee 20€.

1. 11.1.5. In the event that the fuel tank is not full, the lessor will charge the costs of fuel (EURODIESEL) based on the daily price of fuel plus 20€ for fixed costs.

11.1.6. Upon delivery the Vehicle is fully inspected (equipment, mechanics, car body, the engine etc.), operation of all devices in the Vehicle is checked and the Inventory Checklist is made.

• All defects, missing equipment, Vehicle damage etc. are written in the Inventory Checklist;
• All ascertainable damage is photographed and documented

11.1.8. If the lessee returns the Vehicle without equipment that was given to use together with the Vehicle, the lessor has the right to recover the value of the missing equipment from the lessee.

1. 11.1.9. The lessee is responsible for all defects and damage that were not ascertained at the collection.

11.10. Established damages or outstanding obligations, as provided for by the Agreement, will be charged in accordance with the tariff of the lessor’s contracted repairer, whereas the will be deducted from the security deposit. In case security deposit has been released back to lessee or not been paid or in case the amount of money owed exceeds the amount of the security deposit, the payment will be made via bank transfer in 7 working days.

11.11. If the procedure is finished after the lessee is gone , lessor will issue an invoice which has to paid in 7 working days by lessee.

11.12. If the Vehicle is returned uncleaned and there is a need for more thorough cleaning, the lessee will pay to the lessor 100€ for external and internal cleaning.

11.13. The lessee undertakes to pay 200€ for the deep cleaning, if needed, as established at the time of returning the Vehicle.

11.14. In case of force majeure, which is the reason for delayed return of the Vehicle, the lessee is obligated to immediately notify the lessor of the cause of delay and the estimated return time of the Vehicle by phone.

11.15. If the lessee fails to return the Vehicle on designated return time, he/she will reimburse the lessor for penalties for delay as well as all damages, including lost gains (lucrum cessans), caused by the delay to the lessor.

11.16. If the lessee fails to return the Vehicle on designated return time, the delay up to one hour will be free of charge, while each subsequent hour will be charged 40€.

11.17. If the Vehicle is not returned within 24 hours from the designated return time the lessee will be deemed to have misappropriated the Vehicle. The lessor has the right to notify the police and other competent authorities.