General Conditions

General Conditions Vintage Road Trips are applicable for all reservations at Happy Little Camper.

1         Explanation or definitions

In these General Terms and Conditions (hereinafter: GTC) the following definitions shall apply:

1.1      Vehicle: motorized vehicle in the sense or automobile, camper, transport bus or moped scooter, being the object of the rental agreement. VRT exclusively rents old vehicles, so-called 'young-/ old timers', for recreational use. The vehicles of VRT are maintained well and are - especially in view of their age - in a good condition. The vehicles comply with all technical requirements however they are, regarding comfort and driving characteristics, not in line with present day standards.

1.2      Lessee: the natural person or legal person who enters into the rental agreement as the lessee.

1.3      VRT:  the Dutch partnership ("vennootschap onder firma") Vintage Road Trips, which - represented by one of her partners - enters into the rental agreement with lessee as the lessor.

1.4      Driver: the actual driver of the vehicle.

1.5      Damage(s): the damage(s) that VRT may suffer directly or indirectly as a consequence of the damaging or missing of the vehicle or of its extras and appliances or parts thereof. These damage(s) include among others the costs of repair or substitution of the vehicle and the missing of rental income deriving there from; with or by the vehicle caused harm or disadvantage to a person or good, for which VRT (as the holder of the registration), or the liability insurer of the vehicle is liable.

1.6      Amounts: the amounts set forth in this text, which in all cases will be exclusive of possible VAT.

1.7      Rental agreement: the agreement as recorded, in writing, in duplicate, and signed by both the lessee and VRT. In the rental agreement shall be recorded which vehicle(s) the lessee shall rent and for which period.

1.8      Pick-up location: place from which the vehicle will be rented and to which it shall be returned (unless agreed differently).

 

2         Reservation and cancellation

2.1      The rental agreement comes into force at the moment that the lessee confirms a reservation. A booking then exists.

2.2      By means of the confirmation the lessee also agrees with the applicability of the present GTC and he also declares to have received these.

2.3      A booking includes among others that:

  • VRT will keep available the vehicle(s) during the rental period.
  • VRT will keep manpower available to assist the lessee during the rental period.
  • VRT will reserve services of third parties if so desired and possibly pays for that.

2.4      A (partial) cancellation of booking is possible, but costs are connected to this:

  • Up to 14 days before commencement of the rent: 50% of the (cancelled) amount will be charged.  
  • From 14 days before commencement of the rent: 100% of the (cancelled) amount will be charged.
  • On reservations that VRT has made with third parties no restitution will be given in case of cancellation.

2.5      Lessee is advised to enter into cancellation insurance.

2.6      VRT is authorised to cancel a booking if circumstances arise outside the control of VRT. The lessee has in such case the right to be refunded but has no claim to payment of damages.

2.7      The lessee has the opportunity to present a person who will substitute him in the rental agreement.

2.8      Lessee is obliged to identify himself before departure with the vehicle and to leave a copy of his driver's license.

 

3         Payment

3.1      50% of the costs to be paid need to be settled within 14 days after the booking. The remainder needs to be paid no later than two weeks before departure, unless agreed otherwise.

3.2      VRT has in case of non-timely payment the right to dissolve the rental agreement, or to postpone the execution. The payment obligation of the lessee shall then remain in force.

3.3      In case of non timely payment the collection costs and possible court costs will be for the account of the lessee. These collection costs are calculated on the basis of the report Voorwerk II and will be increased with the registration costs of € 25.  

 

4         Costs connected with the use of the vehicle

4.1      During the rental period the costs connected with the use of the vehicle such as fuel, toll fees and parking fees are for the account of the lessee, unless agreed otherwise.

4.2      After the rental period the vehicle needs to be returned with a full tank of petrol, unless agreed otherwise.

4.3      In case VRT needs to fill up the vehicle, VRT is entitled to charge €15 handling costs. This is exclusive of the costs that VRT made for the purchased fuel.

 

5         Use of the vehicle

5.1      Lessee is aware that the vehicle is a "classic" with all charms, but also with the limitations and discomforts related thereto. 

5.2      Lessee needs to treat the vehicle in a careful manner and to ensure that the vehicle is used in accordance with its destination.

5.3      Lessee is obliged to ensure that the obligations and other disallowed actions of these GTC are observed by the driver, passengers and other users of the vehicle. Lessee is liable for all consequences of actions of users of the vehicle, even when they did not have the agreement of the lessee.

5.4      Lessee is responsible for all drivers have the capacity and the condition that is required for driving the vehicle.

5.5      All persons involved need to have a valid driver's license to drive the vehicle since a period of three years, unless VRT has explicitly agreed to a shorter period.

5.6      Persons whose driver's license has been temporarily suspended are not allowed to drive the vehicle.

5.7      Lessee is obliged, in case driving with children in the vehicle, to arrange for a suitable children's seat. In any case, a child will be deemed to occupy one available seat in the vehicle.

5.8      VRT will arrange before departure for an instruction, unless the lessee explicitly declares not to desire such.

5.9      VRT is in no manner liable for damage(s), loss or theft of properties of the lessee.

5.10    It is not permitted to lessee(s) to rent the vehicle to third parties other than with permission of VRT.

5.11    Lessee is absolutely forbidden to smoke inside the vehicle.

5.12    Lessee is allowed to transport pets in the vehicle, provided that logical precautions are taken to prevent possible damage(s) to the vehicle.

5.13    Lessee is required to ensure that all liquids and the tyre pressure are kept at the required level.

5.14    Lessee is required to fill up the vehicle with the fuel suitable for it.

 

6         Premier risk

6.1      Lessee agrees with the current premier risk. The standard is a premier risk of €750 per accident. This premier risk can be decreased against a fee.

6.2      The premier risk means that all damage(s) to the vehicle that have occurred during the rental period can be claimed from the lessee till the maximum of the agreed premier risk amount.

6.3      The premier risk for the lessee is a so called delivery debt. In case of the determination of the amount to be paid, the lessee is obliged to pay this, after the possible deduction of a paid caution.

6.4      VRT herewith reserves the right to charge the unforeseen costs that have been caused by the lessee during one year after the commencement of the rental period.

6.5      The premier risk is the maximum liability of the lessee for damage(s) per accident, unless the vehicle has not been used in accordance with GTC, the applicable law or in case of negligence.

 

7         In case of damage(s)

7.1      Lessee is obliged to return the vehicle to the pick-up location in the same condition as upon departure, at the latest on the day and on the hour as agreed in the rental agreement.

7.2     The lessee is liable for damage(s) occurred to the vehicle during the duration of the rental agreement until the moment that VRT has received the vehicle. This also applies if the vehicle at the moment of any occurrence is not driven or controlled by the lessee.

7.3      If the lessee suspects that there is something wrong with the vehicle, the lessee must contact VRT immediately.

7.4      If an insurance agreement entered into by VRT regarding the risk of damage to the vehicle or against the risk of legal liability results in the payment of an amount to VRT or to a third party, such will not affect the liability of the lessee.

7.5      VRT has entered into an adequate passenger insurance contract. If a user incurs damage(s) or injury during the use of the vehicle, lessee is authorised to make a claim under this insurance.

7.6      Lessee is not permitted to use the vehicle in case of damage(s) or a shortcoming of the vehicle if this can lead to the aggravation thereof or to a reduction of the traffic safety.

7.7      In case of damage(s) or the occurrence of any incident from which damage(s) may arise, the lessee is obliged:

  • To immediately inform VRT by phone
  • To follow the instructions of VRT.
  • To provide all information and all documents that relate to the incident to VRT or its insurer both upon request and on his own initiative.
  • To submit to VRT a fully completed damage report form within 24 hours.
  • To provide VRT and persons designated by VRT all required cooperation for obtaining compensation for damages by third parties or as a defence against claims by third parties.

 

8         Costs of repairs and damage(s)

8.1      In case of a defect to the vehicle, lessee is obliged to inform VRT by phone immediately. 

8.2      The costs of repair works that become necessary during the rental period in order to continue driving safely are for the account of VRT. VRT always needs to give permission before a repair can be executed.

8.3      The costs of the repair works paid for by the lessee will be reimbursed by VRT upon the submission of a specified invoice and a proper proof of payment.

8.4      Defects to the vehicle emerging from improper use of the vehicle will be treated by VRT as damage(s).

8.5      If the lessee is liable for the costs of the repair of the vehicle, the costs will be charged on the basis of an offer issued by a supplier selected by VRT, such as a garage, a damage repair company or otherwise. 

8.6      The damage(s) as a consequence of the impossibility to rent out the vehicle shall be determined by the number of days multiplied by the rental price per day.

 

9         In case of breakdown

9.1      VRT or a third party employed by it will provide - if necessary at the location - technical assistance, when necessary.

9.2      If the vehicle is temporarily out of use, VRT will accommodate the lessee as follows:

  • VRT will make every effort to provide the lessee within two working days with a replacement means of transport.
  • The lessee is entitled to a grace arrangement. Lessee will receive, as of the third working day, until the vehicle has been repaired or the rental period has ended, an equivalent compensation in kind in the shape of a voucher.

9.3      VRT is liable for the costs of the repatriation of the vehicle if the vehicle cannot be repaired before the end of the rental period.

9.4      Towing costs charged by a company not employed by VRT are for the account of the lessee.

9.5      Lessee shall provide all cooperation to VRT in case of breakdown or other calamities to ensure that the vehicle returns to the possession of VRT.

 

10       Sanctions and measured imposed by the government

10.1    All sanctions that are imposed by the government during the use of the vehicle are for the account of the lessee, unless they are related to a defect that was already present at the time of the commencement of the rent.

10.2    Sanctions imposed by the authorities to VRT can be charged to the lessee within 1 year after the rental period. VRT is entitled to charge a surcharge of €50 for administration costs in addition.

10.3    During the use of the vehicle the lessee shall comply with the current laws and regulations of the country where the lessee is located at that time.

 

11       Termination of the rental agreement

11.1    VRT is entitled to terminate the rental agreement and to bring the vehicle back into its possession without prior notification of default or involvement of the court(s) if it becomes apparent that:

  • The lessee does not, neither timely nor completely comply with one or more of the obligations under the rental agreement;
  • During the rental period circumstances become apparent of such nature, that should VRT have been aware thereof, would not have entered into the rental agreement.

11.2    Termination of the rental agreement does not preclude that VRT is entitled to a full compensation of costs and damage(s) deriving from the circumstances.

 

12       (Foreign) travel, arrangements and routes

12.1    VRT is in principle not a tour operator (art. 7:500 Dutch Civil Code) nor a travel organizer, but a lessor of vehicles who mediates in the booking or the making of reservations for accommodations and other touristic services.

12.2    In case of vehicles that are rented by VRT from other lessors possible other general terms and conditions may apply and a different premier risk.

12.3    In case of possible shortcomings, conflicts or other irregularities in, related to or by third parties such as guest houses, hotels, transport companies or other suppliers which complete or enable arrangements by VRT, the general terms and conditions of these organizations are applicable.

12.4    If a trip abroad is undertaken with the vehicle, lessee shall be responsible for the possession of the required travel documents.

12.5    The travel period is stated in entire days. The days of departure and arrival shall be included therein, irrespective of the times on which they take place.

12.6    We advise you to arrange proper travel insurance.

12.7    VRT is not liable for any disadvantage that the lessee may undergo because or errors or omissions in the route descriptions made available by VRT.

12.8    VRT is not liable if estimates regarding distances, arrival and departure times and costs prove to be incorrect.

 

13       Copyright

13.1    All documents such a route maps, route books and (other) route descriptions made available to the lessee are the property of VRT and may not be made available to third parties or be copied.

13.2    If the lessee copies and/or uses for his own (commercial) interest the documents supplied by VRT, VRT is entitled to charge up to €2500 per document for this.

13.3    Photos or travel reports made during the rent of the vehicle that are made available to VRT become the property of VRT and may be used for publication.  

 

14       Liability

14.1    VRT is properly and adequately insured against damage(s) to the vehicles, passengers and their luggage. In the undesired case of a breakdown, VRT will compensate its lessee as set forth in article 9.

14.2    The liability of VRT is in all instance limited to the amount for which the insurance of VRT provides cover in the said instance.

14.3    VRT can only be held liable in case of a default that can be attributed to it. The liability shall then be limited to compensation for direct damages to the maximum of the amount of the rental agreement.

14.4    An attributable default shall only occur if upon the execution of the agreement, no proper result is available that may be expected of the rented vehicle.

14.5    Any liability of VRT for indirect damage(s), including without limitation consequential damage, missed holiday pleasure, costs of overnight stays and travel costs are excluded.

14.6    VRT advises the lessee to enter into travel insurance for unforeseen costs in case of breakdown.

 

15            Applicable law and disputes

15.1    On any agreement between VRT and the lessee, the Laws of the Netherlands shall exclusively apply.

15.2    All disputes deriving from the rental agreement or disputes that are a consequence thereof and relate to the agreement shall be settled by the competent court in the location of the court district of the office VRT in Amersfoort, being the courts in Utrecht.

 

16       Finally!

16.1    We hope that you have a pleasant time with our beautiful Vintage Vehicles and that we do not have to make use of these GTC  before, during or after the rental period.

 

 

Kind Regards,

Rien Tilstra & Mark Hukema

Amersfoort / Aix-and-Provence, December 2012