travelycars

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FREQUENTLY ASKED QUESTIONS ABOUT VEHICLES AND THEIR RENTAL

We want to state that all the answers are in a private capacity and the result of our interpretation or experience, that of our lawyers or collected from different forums, especially those that could give rise to different legal interpretations. It is for this reason that we are not responsible for such interpretation nor can we be proposed to appear before the courts for the purpose of ratification or clarification. Also these frequent questions and their answers are indicative, always prevailing the detailed in the rental contract.

01/

What is a motorhome from the legal point of view?

Vehicle built with special purpose, including housing accommodation and containing at least the following equipment: seats, table, beds or bunk beds that can be converted into seats, kitchen and cabinets or similar. This equipment will be rigidly fixed to the housing compartment: the seats and the table can be designed to be easily disassembled. "(RD 2822/1998, December 23, Annex II, Definitions and categories of vehicles). A motorhome is a vehicle special car for the transport of people The elements fixed to the chassis are considered part of the vehicle.

02/

What laws affect motorhome and motorhome tourism?

As a motor vehicle, only the Legislation on Traffic, Traffic and Road Safety (LTCSV), (RD 339/1990, of March 2), affects the circulation and parking on public roads. In urban roads, in addition, the rules dictated by Local Corporations tending to ensure an equitable distribution of parking spaces and prevent traffic jams (Art. 93.1).

03/

Can a mayor limit or prohibit parking on urban public roads in his municipality to a motorhome?

Section 1 of Art. 93, "Municipal Ordinances" of the LTCSV says: "The regime of stop and parking on urban roads will be regulated by Municipal Ordinance, being able to take the necessary measures to prevent the obstruction of traffic, including time constraints of duration of the parking, as well as the precise corrective measures including the removal of the vehicle or its immobilization when it is not provided with a title that enables parking in limited areas in time or exceeds the authorization granted until the identification of the vehicle is achieved conductor (article 38 paragraph 4, of the articulated text) (46 bis) ".

 

This rule has as main objective to provide legal support to the municipalities for the creation of parking spaces with time limits (OTA, ORA) and the withdrawal or immobilization of a vehicle if necessary. The only objective that can justify complementary measures to articles 90 to 94 "General rules of stops and parking lots" of the LTCSV, on urban roads, is to prevent traffic jams.

 

Section 2 of the same article 93 clarifies: "In no case may municipal ordinances oppose, alter, distort or induce confusion with the provisions of this Regulation."

 

It can be deduced that no Local Corporation can limit or prohibit parking throughout the municipal territory, or in limited areas, simply by being a motorhome. Only to avoid the obstruction of traffic can limit the time, or size (width, length, gauge and PMA), to all vehicles in the same category.

04/

What is the situation of a motorhome when it is being inhabited?

Autonomous legislation prohibits camping only. There is no legal regulation that supports a sanction to a legally parked motorhome without deploying camping elements that overflow the perimeter of the vehicle.

In the absence of jurisprudence and supported by the definitions of camping of the SAR and the laws in force in other countries of the EEC, we can deduce that a motorhome legally occupying a parking space on public roads and without deploying any camping element that overflows the The perimeter of the vehicle, even if it is inhabited, does not acquire the condition of camping (illegal) and if it maintains that of inhabited (legal).

05/

Can a motorhome camping?

Being a vehicle enabled as a home, the motorhome can camp in authorized areas. Mainly in Tourism Camps (Camping). Camping conditions are the same as any other mobile hostel, be it a tent or caravan.

Free camping is prohibited throughout the Spain territory, especially in inhabited areas.

There are authorized areas in some Autonomous Communities and clubs can obtain temporary authorizations for controlled camping.

06/

What attitude should a motorhometer take who is forced to leave a parking space?

First of all a firm and educated attitude. Request from the agent local regulations that prohibit or limit parking to a motorhome.

They will have at their disposal in the vehicle a copy of articles 90 to 94 of the Code of Traffic Traffic and Traffic Safety Act (LTCSV), as well as of Annex II of RD 2822/1998. They will also have a document that defines the motorhome from a legal point of view that they can show to the agents. 

07/

What should you do in case of complaint for parking prohibited only for motorhomes on public roads?

  • First, ask the agent to indicate the regulations that prohibit parking for motorhomes.

  • Record the correct parking situation in the complaint bulletin.

  • If the regulations exist, request a copy for a later appeal.

  • If the parking ban is indicated by a sign that does not exist in the official catalog, such as a pictogram with the silhouette of a motorhome, state this situation in the complaint bulletin.

  • Take photographs, if possible, of the parking place and of the signs used to indicate the ban

08/

What to do in case of complaint for camping in a prohibited place?

  • Check that we are not deploying any camping elements.

  • Check that we are legally using a parking space on public roads.

  • Indicate to the agent that there is no legal argument to define the situation of the motorhome as camping and that we consider that the motorhome is legally parked.

  • Record this circumstance in the complaint bulletin

  • Ask the agent to indicate the regulations by which he makes the complaint and to which agency he does it.

09/

Can a motorhome be fined in another country for being parked as illegal camping?

Each country has a different regulation on the situations of motorhomes, if you plan to travel outside of Spain, inform yourself before the corresponding legislation.

10/

Is a court order required for the authority to enter a motorhome?

In Spain, the judgment of the Constitutional Court 17-02-1984 (RTC 1984/22), "The inviolability of the domicile is indifferent whether it is a civil domicile or a mere residence (...)" "Therefore the attached caravan to a motor vehicle or as an integral part of it - motorhome - that has in its habitable part all that is necessary, more or less, to make passengers' lodging effective, it is suitable to constitute the domicile of a person as basic support of the right to personal and family privacy, without the circumstance of being a moving vehicle in motion excludes such character ".

11/

Maximum speeds

Article 48.1 a) of the General Traffic Regulations, approved by Royal Decree 1428/2003, of November 21 stipulates for cars the maximum speeds on roads outside the town according to the following wording:

 

Being “special vehicles of category M1” other than passenger cars, it is considered justified not to apply the same speed limits out of town as to this type of vehicles, but those corresponding to other vehicles of category M (destined to transport people), which would result in the following speed limits:

  • On highways and expressways ...... 100 Km/h

  • On conventional roads marked as roads for cars and roads with paved shoulder of at least 1.50 m. Width or more than one lane for any of the traffic directions ...... 90 Km/h

  • In the rest of the out-of-town roads ...... 80 Km/h

These speed limits would apply to motorhomes that run without a trailer.

12/

Do I need any special driving license for motorhomes?

All our motorhomes can be driven with the usual B1 card in EUROPE. For some citizens of foreign countries the international driving license may be required.

 

It is mandatory to be 25 years old (in some cases 23) and two years old.

 

All drivers must identify themselves and be present, appear and sign in the rental contract and will be subject to the terms and conditions of said contract, at the time of removing the vehicle.

13/

Is it difficult to drive a motorhome if I have only driven cars?

You do not have to fear driving a motorhome, although it is true that they are larger vehicles, the fundamental thing is to think that it is EQUAL TO HIGH in its entire length, so you have to take such height as a special precaution for the passage of certain roads, bridges, balconies, height limiters in gas stations, parking lots, tolls and especially with the branches of the trees both when driving and when parking, look not only where it takes length but also in height.

14/

What is the opening hours and collection and delivery of motorhomes?

The hours of attention to the public in our offices and / or facilities are from 10 to 14 and from 16 to 20 hours from Monday to Friday, and from 10 to 14 on Saturdays, varying this schedule in the offers that indicate it or being able to be agreed with the client variations of it.

Deliveries of rented motorhomes are from 10 am to 2 pm from Monday to Friday. Unless previously agreed.

 

Returns from 16 to 20 hours from Monday to Saturday, except prior agreement.

 

In any case, as indicated, another schedule can be agreed upon request and availability, taking into account that it may have some additional cost if the collection or delivery is desired in a place other than the contract.

15/

How is the rent paid?

In cash, bank transfer, credit card (except American express).

 

In no case are personal checks accepted.

16/

Are there any coverage provided for the rental of the motorhome?

Yes. All our ACs, for your peace of mind, have ALL RISK INSURANCE and ROAD ASSISTANCE WITH FRANCHISE.

17/

In addition to the rental cost, are there other expenses you have to pay?

In ALL rentals in Spain there is the TAX ON ADDED VALUE or VAT, which is currently 21% in both the rental rate of the motorhome and the extras.

 

The refueling of gasoline and gases during the trip (except the first gas charge) will be paid by the user.

 

IN CASE OF MANUFACTURED DIRTY AND / OR THE RETURN OF THE DEPOSITS OF GRAY OR Dirty WATER, A MINIMUM € 100 CLEANING FEE MAY BE APPLIED, WHICH WILL BE DISCONTINUED FROM THE BOND TO BE RETURNED.

 

The contract holder must pay all damages due to misuse of any element of the vehicle or the possible loss or theft.

18/

What happens if I pick up the motorhome later or return it before?

If you pick up the AC later or return it before the end of the rental agreement, in no case will you be entitled to a refund of any amount.

19/

Can I make changes to my reservation?

Yes, provided there is availability although the price may vary depending on the season and the period with which you request the change

20/

What happens if I have to cancel my reservation?

If it is before 30 days, the full amount paid will be refunded, except in special offers. If it is later you will have the surcharges indicated in the rental conditions. SEE RENTAL CONDITIONS

21/

Does the motorhome have kitchen equipment, cutlery and bedding?

All our AC are equipped with full kitchen utensils as well as crockery and cutlery enough for people who can travel in each of them.

Bed linen is also included in the rate and has been treated in professional laundry after each use. If you want to release any of these extras see prices. SEE RENTAL CONDITIONS

22/

What happens if a breakdown occurs in the vehicle during my rental?

Although we have new vehicles, models with less than 2 years old and with very little use, in the case of mechanical traction vehicles it can happen that the car breaks down, in this case the Company or insurer will indicate the nearest FIAT dealer for be able to make the corresponding repair.

 

In the event that the breakdown cannot be repaired immediately, we have a travel assistance that will be responsible for accommodating the occupants of the vehicle in a hotel near the dealership, with a maximum limit of two nights within Spain and three Nights abroad In the event that the repair exceeds this period, the assistance will pay the return of the passengers to their home city, as well as the return ticket to pick up the car once repaired.

 

In the basic coverage covered by the contract, the reimbursement of days lost due to breakdowns of this type is not contemplated.

23/

In the case of a mechanical breakdown, what should I do?

In the event that the vehicle suffers any mechanical breakdown I must notify the insurance so that the crane transfers the vehicle to the most appropriate nearby workshop.

 

If the repair exceeds the amount of 100 euros you must send the repair budget to the rental company and once authorized the repair order the workshop to proceed with the execution of the same. The insurance company will provide accommodation to the occupants of the vehicle.

 

The amount of the repair must be paid and upon return will be refunded by the rental company.

24/

What happens if I have an accident with the vehicle?

In the event that any type of accident occurs that prevents the continuation of your trip, the contract is automatically terminated, so there is no right to any type of refund paid or the remaining days of rental.

25/

Is there a limit of people who can travel in the motorhome?

Each vehicle is approved for a certain number of people running or sleeping, check the technical data sheet of each model.

 

Never exceed the maximum capacity indicated for the vehicle you are going to use. The maximum capacity is the sum of the vehicle, liquids, all occupants and their luggage.

 

All occupants must use existing seat belts.

 

Child safety seats should be used when necessary.

 

Areas designed for sleeping only should not be occupied while the vehicle is in motion.

WE REMEMBER YOU HAVE THE OBLIGATION TO COMPLY WITH EXISTING LAWS AT YOUR SOLE RESPONSIBILITY

 

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AS-16

33126 - Llago - Soto del Barco

Principado de Asturias

Spain

 

Travelycars

CIF: B74387523

Commercial Registry: 15050952

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