When we decide to rent a motorhome , we largely take responsibility for the equipment of the value of a small apartment. Few people realize that the contractual provisions defining the relationship between the landlord and the tenant in certain circumstances can have far-reaching consequences for us. While it will be relatively easy for us to check the condition of the rented vehicle, its equipment, the condition of the tires or visual defects, hardly anyone wants/can carefully read the content of the contract and attachments.
Today, our questions in this matter will be answered by Jakub Kocjan - a man with passion, co-founder of the KoKo Kamper company. Although the rental itself has been operating for a short time, both the quality of the facilities (Pilote motorhomes) and the professional preparation and vision of the owners clearly indicate that this entity will become part of the industry landscape for a long time.
What to pay attention to when signing a motorhome rental contract?
Jakub - thank you for accepting the invitation to participate in this material. We know that you have analyzed the contracts and business models of your competitors at the beginning and have drawn conclusions. What do you think characterizes a good motorhome rental contract and what areas should be given the most attention?
A good contract must first of all clearly define the parties and their rights and obligations. Contracts can be short and concise, while others are very long and complicated. A simple, poorly written contract usually does not protect the interests of either party. At the other extreme, we have the "extended" ones, mainly securing rentals, and not giving more security to the client. However, it is the client who is a party to the contract and should feel safe.
When analyzing the provisions, I often came across abusive clauses , not entirely fair and which could have a detrimental effect on the client's interests. Basically, the areas that should be paid attention to are, for example, precise determination of additional costs and penalties, e.g. in the event of delay or other negligence on the part of the client, the method of settling the deposit, the issue of the right to a replacement car and liability for damages - there are a lot of them.
What provisions can be particularly harmful to the client?
The contract should clearly specify what to do in case the motorhome rental company fails to deliver the vehicle or withdraws from the contract e.g. one day before departure. Another flashpoint may be the deposit and the way it is settled. A good contract should state that the owner of the vehicle must show real costs, and not arbitrarily determine the amount of any damage by deducting inflated amounts from the deposit at his own discretion. Any resulting damage should be settled on the basis of a professional cost estimate.
What are the most common sins of customers and rental companies?
After all, this is a relatively new industry in our Polish reality and for many clients and companies these matters are new. Rentals should educate customers in a civilized way instead of draconian punishment for everything. The customer must understand that the delay in returning the car caused by him causes an avalanche of consequences not only for the rental company itself, but also for the next customer. Therefore, it is good if the contract provides for some form of compensation for this next customer, in which the latecomer participates. Sometimes the penalties charged by the rental companies themselves are horrendous. One of our clients calculated that 22 hours late in returning the motorhome generates the cost of a weekly rental.
One of the abusive clauses that, in my opinion, is not right is the scope of responsibility. Many contracts contain provisions that make the lessee liable up to the full value of the leased object. This can mean potential unpleasantness, for example, in the event of theft of a vehicle through no fault of ours.
The agreement should consist of an agreement, a protocol and a document specifying the general conditions of the loan (regulations). The Regulations define the subject of the lease and specify the rights and obligations of the parties, as well as additional costs (e.g. the cost of preparation, service or the cost of returning e.g. a dirty/not emptied vehicle, etc.). Please note that these costs are realistic. Nobody wants to pay, for example, PLN 200 for emptying the toilet cassette, when the rental company has its base and sewage system on site. Let's also pay attention to whether the prices provided by the rental company are final gross prices and whether we have to pay for additional equipment.
Liability for damages
An important aspect is the reference in the contract to the GTCI (general insurance conditions) - we should necessarily request such a document and read it. In the event of any dispute, we then know what to look for for reference.
In an ideal world, of course, each lease agreement should be screened by a professional entity with the appropriate legal knowledge, but this is understandably associated with considerable costs.
The material was created in cooperation with KoKo Kamper - camper rental. www.kokokamper.pl
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