upon conclusion of a contract on the booking of a vehicle (hereinafter referred to as “campervan”), the following Rental Terms and Conditions (to the extent effectively agreed) will become part of the contract coming about between you (hereinafter referred to as “Hirer”) and Småland Campers Sweden AB (hereinafter referred to as “the Rental Company”).
Please read these Terms and Conditions of Business carefully.
1. Scope, contents of contract, jurisdiction
1.1. The following Terms and Conditions of the Rental Company apply exclusively. Terms and Conditions of the Hirer, which contradict or deviate from the Terms and Conditions of the Rental Company will not be recognized. The Terms and Conditions of the Rental Company will apply even if the Rental Company hires the campervan out to the Hirer without reservation, knowing that Terms and Conditions of the Hirer contradict or deviate from these Terms and Conditions.
1.2. The sole subject of the contract with the Rental Company is the hiring out of the campervan. The rental Company is under no obligation to provide travel services and in particular no packages of travel services.
1.3. In the event of a booking, a rental contract will arise between the Rental Company and the Hirer(s), which is solely subject to Swedish law. The statutory provisions relating to travel contracts do not apply to the contract either directly or accordingly. The Hirer will organize his journey himself and make use of the campervan on his own responsibility. The rental contract is limited to a specific period as agreed.
1.4. All agreements between the Rental Company and the Hirer must be concluded in written.
2. Minimum age, authorized drivers
2.1. The Hirer and any other drivers, listed in the contract, must be at least 21 years old. Exceptions from this shall be concluded in written. The Hirer and any other drivers must have been in possession of a Class B or comparable national driver’s license for at least one year. The delivery (Pick-Up) of the campervan requires the presentation by the Hirer and/or driver(s) of the driver´s license and the valid identification card/passport at the time of taking possession (Pick-Up). If a delay in taking possession (Pick-Up) occurs due to the non-presentation of said documents, such delay shall be at the expenses of the Hirer. If such documents cannot be presented at neither the agreed time for taking possession (Pick-Up), nor within a reasonable grace period thereafter, then the Rental Company shall be entitled to withdraw from the contract. The cancellation provisions set forth in section 4.2 shall apply.
2.2. The campervan may only be driven by the Hirer and the drivers named at the time of hiring.
2.3. The Hirer is under an obligation to record the names and addresses of all drivers to whom he entrusts the campervan, for however short a time and supply this information to the Rental Company on request. The Hirer bears the same responsibility for the actions of any driver to whom he supplies the campervan as for his own.
3. Hire charges and their calculation, rental period
3.1. The hire charges applicable are those stated in the version of the Rental Company´s price list (website) in force at the time the contract is concluded. Any prescribed minimum rental period applicable during particular travel periods is likewise indicated in the version of the rental Company´s price list (website) currently at the time the contract is concluded. The prices applicable are those for the season indicated in the price list (website) within which the rental period booked falls.
3.2. The relevant hire charge includes: In generally 200 free kilometers per rental day, specials could have unlimited mileage, extra kilometers will be charged according to the valid price list (website); insurance cover as described in Section 12; the basic equipment as described on the category page of each campervan category. No bedding sheets, pillows for sleeping bags are included in the price.
3.3. The daily rates applicable will be charged for each 24-hour period completed or commenced during the rental period. The rental period will begin when the Hirer takes possession of the campervan at the rental station (or agreed pick-up spot) and ends when the Rental Company takes it back.
3.4. If the campervan is returned after the time agreed in writing, the Rental Company reserves the right to charge a fee up to a maximum equal to the relevant full day price for each day late. Any costs incurred as a result of a subsequent Hirer or any other person making claims against the Rental Company on the grounds that the campervan was supplied late must be borne by the Hirer.
3.5. If the campervan is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid. Refunds for returning the car early are not granted. Exceptions may apply.
3.6. The campervan will be supplied with a full tank and must be returned in the same condition. Otherwise, the Rental Company will hand over the bill for filling up the tank, adding a 15% surcharge per liter + a fee of 150 SEK. Fuel and running costs during the rental period must be borne by the Hirer.
3.7. One-way rentals are only possible by special agreements and therefore have to be agreed on in writing.
4. Reservations and changes to booking
4.1. Reservations are only binding after they have been confirmed by the Rental Company as described in Section 4.2, and then only for campervan categories. This will apply even if a special vehicle type is mentioned as an example in the description of the campervan category. The Rental Company reserves the right to upgrade the Hirer to an equivalent or superior campervan.
4.2. To confirm the booking a deposit of 30% of the rental charge must be paid. After receiving the payment, the booking confirmation will be sent to the Hirer. Only then will the reservation become binding on both parties. If the Hirer exceeds this deadline written in the offer, the Rental Company will cease to be bound by the reservation. Cancelation fees*:
Between 0 and 48 hours prior to the agreed start of the rental, we will charge 30% of the rental price including extras. Due to the declared cancellation, there is no entitlement to a rebooking or a value voucher (hereinafter called “cancellation voucher”)
Between 48 hours and 29 days prior to the agreed start of the rental, the Hirer can freely choose between:
• a cancellation voucher in the amount of the already made down payment,
• a rebooking to a freely selectable period.
If the rebooking leads to a total rental price higher than the originally agreed one, the Hirer must pay the difference. If, on the other hand, the new rental price is lower, the Hirer will receive a cancellation voucher for the difference compared to the originally agreed rental price. The customer has a two-year period from the date of re-booking or issuance of a cancellation voucher. After the expiration of this period (the initial re-booking or cancellation date is decisive), there is no entitlement to a renewed re-booking or issuance of a new cancellation voucher.
Cancellation is free of charge if made at least 30 days prior to the agreed start of the hire period and the Hirer will be refunded any down payment made. If the trip was paid for with a cancellation or gift voucher, the Hirer will only receive a cancellation voucher in the amount of the amount that has been paid up to this point in time.
* It is up to the Hirer to prove that no damage has occurred at all or to a lesser extent. The cancelation must be made in writing.
4.3. Changes may be made to a reservation confirmed to the Hirer from the date of reservation until at least sixty days before the agreed commencement of the rental period.
5. Terms of payment, security deposit
5.1. The total predicted hire charge, calculated on the basis of the booking details, must be received latest on the day of rental / Pick-Up. However, a 30% confirmation deposit must be paid in advance according to the deadline written in the offer.
5.2. If the Hirer defaults on payment, interest will be charged in accordance with the statutory regulations in force.
5.3. The Rental company will not ask for nor reserve a security deposit.
6. Collection, return (Pick-Up, Drop-Off)
6.1. Before taking the wheel, the Hirer is under an obligation to take part in a detailed introduction to the campervan by the Rental Company's experts at the point of Pick-Up. On that occasion, there is a detailed (drawn) report of delivery (Pick-Up), describing the condition of the campervan that is to be signed by both parties. The Rental Company is entitled to refuse to hand over the campervan until this introduction has taken place. If handover is delayed due to the fault of the Hirer, he must bear any costs incurred as a result.
6.2. On returning the campervan, the Hirer is under an obligation to carry out a final examination of it together with a staff member of the Rental Company, with a written return (Drop-Off) report to be prepared and signed by the Rental Company and the Hirer. Any damage not specified in the report of delivery that is detected upon return of the campervan shall be at the Hirer´s expanse.
6.3. Regular campervan handovers take place 24/7. You can find your booked Pick-Up and Drop-Off time in your booking confirmation.
6.4. The campervans are delivered with a clean interior and are to be returned by the Hirer in the same condition as are received. Should the interior not be in the same clean condition as received, the Hirer will be liable for the cleaning fee of 750 SEK.
7. Prohibited use, duty of care
7.1. The Hirer is prohibited from using the campervan as follows: to participate in motor sport events and vehicle tests, to transport easily flammable, poisonous or otherwise dangerous substances or goods, to commit customs or other criminal offences, even if these are only punishable according to the law applicable in the place where the offence was committed, for rental to a third party or for the commercial transport of passengers of any other use going beyond that agreed by contract, in particular driving on terrain not intended for the purpose. For example, driving off road or crossing rivers.
7.2. The campervan must be treated carefully and appropriately and properly locked on all occasions. The regulations and technical rules applicable to its use must be complied with. Its running condition, in particular oil and water levels and tire pressure, must be monitored. The Hirer undertakes to check regularly to make sure that the campervan is in a roadworthy condition.
7.3. All campervans are non-smoking campervans. This means that you may not smoke in any part of the campervan. Pets may only be brought along subject to Rental Company's explicit approval and written confirmation in the contract. Cleaning expenses by non-compliance with regulations must be borne by the hirer. Any costs which may be incurred by ventilation or elimination of contamination with smoke, including lost profits resulting from temporary non-availability of the campervan for hire owing to these circumstances shall also be borne by the Hirer.
7.4. If evidence of violation of the provisions in the aforementioned paragraphs 7.1, 7.2 and 7.3 can be provided, the Rental Company may terminate the lease without notice.
8. What to do in the event of an accident
8.1. After an accident, theft or damage by fire or collision with a wild animal, the police must be informed immediately and also the Rental Company (for telephone number see rental contract). It is not permitted to accept any third-party claims as valid. The Hirer shall not leave the scene before the police has arrived and taken up the case.
8.2. Even in the case of a very slight damage, the Hirer must prepare a detailed written report for the Rental Company, including a sketch. If, for whatever reason, the Hirer fails to draw up such a report and if, because of that, the insurance company refuses to pay the damage, the Hirer shall be obliged to pay full compensation for the damage.
8.3. The accident report must in particular include the names and addresses of anyone involved and any witnesses, together with the license numbers of all vehicles involved and has to be over handed, filled out and signed, latest by drop off towards the Rental Company.
9. Journeys abroad
9.1. Journeys inside of Sweden and Norway are allowed. Traveling to countries outside of Sweden and Norway, but inside Europe, is only allowed with the prior approval of the rental station. Journeys outside Europa are not permitted. Journeys to areas affected by war or crisis are also prohibited.
10. Defects in the campervan
10.1. Any claims to compensation by the Hirer on the basis of defects for which the Rental Company is not responsible are hereby excluded.
10.2. Any defect in the campervan or its fittings/equipment which are discovered after the commencement of the hire must be reported to the Rental Company in writing by the Hirer by returning the campervan. Claims for damages based on subsequently notified defects shall be excluded unless the claim is based on a defect that is not patent.
11. Repairs, substitute vehicle/campervan
11.1. Repairs, which are necessary in order to maintain the campervan in a good working and roadworthy condition during the rental period may be ordered by the Hirer up to 1.000 SEK without consultation. Repairs going beyond this may only be ordered with the consent on the Rental Company. The Rental Company will bear repair costs on production of the original invoices and the parts replaced, as long as the Hirer is not liable for the damage pursuant to Section 12 below. This does not apply to tire damage.
11.2. If a defect for which the Rental Company is responsible makes such repair necessary, and if the Hirer does not rectify the defect on his own initiative, the Hirer must notify the Rental Company of the defect immediately and set a reasonable deadline for this repair. Any circumstances specific to a particular country (e.g. infrastructure) which delay the repair must be considered here to avoid disadvantage to the Rental Company.
11.3. If the campervan is destroyed without any fault on the part of the Hirer, or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, the Rental Company will be entitled to supply the Hirer with an equivalent substitute vehicle within a reasonable period. If the Rental Company supplies the Hirer with an equivalent substitute vehicle, any termination by the Hirer is excluded. If in such case the Rental Company offers a vehicle from a lower price category and this is accepted by the Hirer, the Rental Company will reimburse the Hirer the difference between this and the price already paid in advance by the Hirer.
11.4. If the campervan is destroyed due to the Hirer´s fault, or if it is foreseeable that its use will be prevented or made impossible for an unreasonable long period due to the Hirer´s fault, the Rental Company may refuse to make a replacement vehicle available. In such a case, termination of the contract by the Hirer is excluded. If the Rental Company provides a replacement vehicle, it can charge the Hirer with the transfer costs incurred.
11.5. 11.5. In the event a vehicle cannot be provided by the Rental Company due to unforeseen circumstances, the Rental Company shall not be held responsible. The Rental Company shall first and foremost try to organize an equivalent substitute for the Hirer. If this is not possible within a reasonable period of time, the rental contract will be automatically terminated, and the renter will be refunded the money already paid.
12. Hirers liability, insurance
12.1. In accordance with the principle of a comprehensive motor insurance, the Rental Company will indemnify the Hirer from liability subject to an excess of 15.000 SEK (CDW) to be borne by the Hirer in case of damage subject to full comprehensive motor insurance per case of damage. The respective excess cannot be excluded.
12.2. The indemnity against liability described in Subject 12.1 will not apply if the Hirer causes a loss/damage deliberately or by gross negligence. If the Hirer causes loss/damage culpably, he will additionally be liable in the following cases:
if loss/damage was caused by impaired ability to drive due to drugs or alcohol.
if the Hirer or a driver to whom the Hirer has supplied the campervan leaves the site of an accident without justification.
if the driver fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect either the establishment of the cause of the loss/damage or of its amount.
if loss/damage is due to usage prohibited by Subsection 7.1.
if loss/damage is due to a breach of an obligation imposed by Subsection 7.2.
if loss/damage is caused by an unauthorized driver to whom the Hirer has supplied the campervan.
if loss/damage is due to a failure to take account of the campervan’s dimensions (height, Swedish Road Traffic Regulations or equivalent country signs)
if loss/damage is due to a failure to comply with load regulations
if damage is caused by the use of the wrong fuel (incorrect refueling), if water or oil is not refilled and warning indicators in the campervan have been disregarded; the insurance does not cover the damages. This also counts for interior damages.
12.3. To avoid increasing costs due to expenses incurred to establish the of the damage suffered, the Rental Company will in the event of an accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.
12.4. Personal property of the Hire, which is damaged - or lost - as a result of an accident or theft is not insured.
12.5. The Hirer is liable for all fees, charges, fines and penalties imposed upon the Rental Company in connection with the use of the campervan, unless these are included due to the fault of the Rental Company. The Rental Company reserves the right to deduct the fees, charges, fines and penalties from the client's credit card. An additional handling fee of 200 SEK per fee, charge, fine and penalty will apply.
12.6. More than one Hirer will be generally and severally liable.
13. Rental Company's liability, expiry by limitation
13.1. The Rental Company bears unlimited liability for deliberate action and gross negligence. In the case of simple negligence, the Rental Company is only liable for foreseeable loss/damage typical of the type of contract concerned where there is a breach of obligation the meeting of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). This standard of liability also applies in case of obstacles to performance at the time of the conclusion of the contract.
13.2. The above limitations are exclusions of liability that do not apply to claims under the terms of the Swedish Product Liability Act or to claims based on injury to life, limb, health or infringements on liberty.
13.3. Claims which are not excluded according to Subsection 13.1 but were only limited in scope shall become statute-barred within a year of the end of the year of the claim being created and the circumstances justifying the claim and the debtor's identity being disclosed to the creditor or the creditor, without gross negligence, being considered to be aware of such circumstances or identity. With the exceptions of claims for damages which are based on the product liability act, claims for damages shall become statute-barred - with no consideration being given as to whether the creditor was aware of the circumstances and identity - within five years on the end of the year in which the claim was created.
13.4. The Terms and Conditions of the Rental Company apply. These are provided at the rental depot during Pick-Up and are published on our website.
14. Storage and forwarding of personal data
14.1. The Hirer agrees to the Rental Company storing personal data.
14.2. The Rental Company may forward these data to third parties with a justified interest if the statements made in the rental are incorrect in essential points or the rented campervan is not returned within 24 hours of the expiry of the rental period (also extended, if needed) of if rental claims have to be made in judicial reminder proceeding or cheques presented by the Hirer are not honored. In addition, the data can be forwarded to all the authorities responsible for prosecution of offences against public order or sufficient indication here for existing. This is done, for example, in the event of wrong information for the rental, presentation of forged personal documents or such reported as having been lost, failure to return the campervan, failure to notify a technical defect, road traffic offences or similar.
15. GPS Tracking system
15.1. The Rental Company reserves the right to equip its campervans with GPS Tracking Systems.
16. Legal venue
16.1. For all disputes arising out in connection with the hire contract for the campervan, it is hereby agreed that the legal venue is Sweden and the Swedish law is to be applicable.
January 1st, 2021