General Terms and conditions agreed to when rental is booked with Overlanding Ireland

Article 1: Applicability, definitions

These general terms and conditions apply to every offer, every reservation request and every agreement of rental – whether or not concluded via the website www.overlandingireland.com.
The tenant is a natural person of 18 years or older who acts outside his business or professional activity and is further referred to as "the tenant".
"Offer" means: any offer of Overlanding Ireland, whether or not in the form of a written offer.
"In writing" means: by letter, e-mail, fax or any other means of communication that can be equated with this in view of the state of the art and the prevailing views in society, such as whatsApp.
"The rented property" is understood to mean: the roof tent described in more detail in the rental agreement including agreed accessories (such as mattress, ladder, awning) and any additional products (such as roof racks, a luggage rack or a roof box) that Overlanding Ireland makes available to the tenant.
"Website" means: the website www.overlandingireland.com
'Vehicle' means a passenger car or van. This also includes the caravan or trailer attached to the vehicle.
The possible non-application of a (part of a) provision of these general terms and conditions does not affect the applicability of the other provisions.
These general terms and conditions also apply to new agreements/new rental periods arising from the agreement.

Article 2: (Reservation) request, offer

Unless the tenant otherwise asks Overlanding Ireland to make an offer for the rental, the tenant can fill in and send a reservation request via the website. Such an application concerns only a request to Overlanding Ireland to make an offer for the rental. The tenant cannot derive any rights from the reservation request. The tenant is responsible for completing the reservation request completely, correctly and truthfully. Only then can Overlanding Ireland make a suitable offer to the tenant.
If, in addition to a roof tent – for example – the tenant wants to rent accompanying roof racks, a luggage rack or roof box or wants advice / assistance from Overlanding Ireland in the assembly of the rented property, the tenant must in any case state the following information in the (reservation) request:
1. The make, type and year of manufacture of the vehicle (e.g. Mercedes C 220 CDI-5-door, year of manufacture 2012);
2. The license plate;
3. The number of doors of the vehicle;
4. Whether or not the vehicle has roof rails in the length of the vehicle.
Overlanding Ireland is not obliged to accept a received (reservation) request. If it accepts the (reservation) request, Overlanding Ireland the tenant will make an offer after receipt. Unless otherwise stated, this offer has a validity of 3 working days after the date of the offer. Within this period, the tenant can accept the offer, failing which the offer will lapse. The offer also expires if the desired product to which the (reservation) request relates is not (or no longer) available. In the latter case, Overlanding Ireland will make an effort to make another suitable offer.
Overlanding Ireland always reserves the right to revoke it's offer within 2 working days after receipt of the acceptance.
A composite offer does not oblige Overlanding Ireland to rent out part of the offer at a corresponding part of the rental price.
If the offer is based on information provided by the tenant and this information turns out to be incorrect / incomplete or changes afterwards, Overlanding Ireland may adjust the specified rental price and / or delivery period.
The offer and the rental price do not automatically apply to new agreements.
Overlanding Ireland will formulate it's offer as carefully as possible, but is not bound by obvious mistakes or errors in this offer.
Shown (images or video presentations of) models as well as statements of colors, (technical) specifications, dimensions, weights, materials and other descriptions in brochures, promotional material and / or on the website are as accurate as possible, but are only for indication. It is also possible that small changes have been made to a model. Therefore, the tenant cannot derive any rights from the aforementioned images, descriptions, etc.
Overlanding Ireland reserve the right to cancel any rentals.

Article 3: Conclusion of agreements

The agreement is concluded at the moment that the tenant has (timely) agreed to the offer of Overlanding Ireland, after which Overlanding Ireland records the agreements made in a written agreement.
Overlanding Ireland is only bound to:
1. verbal agreements;
2. additions to or changes to the general terms and conditions or agreement;

after written confirmation of this to the tenant or as soon as Overlanding Ireland – without objection from the tenant – the execution of the agreements or agreement has started.

Article 4: Engaging third parties

If Overlanding Ireland deems this necessary, it may engage third parties in the execution of the agreement.

Article 5: Information of the tenant

The tenant ensures that they make all information necessary for the execution of the agreement available to them in a timely manner and in the manner desired by Overlanding Ireland and that this information is correct and complete. Overlanding Ireland shall take all reasonable precautions to keep this information confidential. This obligation of confidentiality also applies to it's employees and third parties who are involved in the execution of the agreement under it's responsibility. Where the information relates to personal data within the meaning of the General Data Protection Regulation, Overlanding Ireland shall process the information in accordance with this Regulation and shall also report any breaches of security of the information in accordance with this Regulation.

Article 6: Deposit

Deposits are facilitated on our booking portal

Overlanding Ireland may set a deposit that the tenant must pay to Overlanding Ireland before the start of the rental period.
If the tenant does not pay the deposit on time, Overlanding Ireland may dissolve the agreement – without further notice of default – with immediate effect by means of a written statement in whole or in part or suspend the agreement until payment has still been made. All this, without prejudice to the right of Overlanding Ireland to compensation.
The tenant may not consider the deposit as an advance payment on the rent due.
Overlanding Ireland manages the deposit during the rental period. At the end of the agreement, Overlanding Ireland will refund the deposit to the tenant as soon as possible, on the understanding that Overlanding Ireland may set off all costs and damages at the expense of the tenant against the deposit received. Overlanding Ireland does not reimburse interest on the deposit. If the aforementioned costs and damage exceed the amount of the deposit, the tenant will receive an invoice for the remaining amount.

Article 7: Rental period, rental price and down payment

The rental period (including the date – and if possible the concrete time – of collection and return of the rented property), the rental price, the deposit and any one-off booking costs are recorded in the agreement.
For rental periods of a week or less, Overlanding Ireland reserves the right to charge a surcharge of € 15.00 in addition to the agreed rental price.
Unless the parties agree otherwise, the tenant must pay the rent to Overlanding Ireland as follows:
– a full payment of 100% of the agreed rental price when booking the roof tent with accessories.
The tenant must pick up the rented property themselves at Overlanding Ireland. If agreed, Overlanding Ireland can thereby mount the rented property – by way of service – on the vehicle desired by the renter.
Overlanding Ireland may ask the tenant to identify themselves at pick-up.
If the renter wants to install the rented property on a vehicle other than the vehicle specified in the (reservation) request, the renter will inform Overlanding Ireland no later than 14 days before the start of the rental period about this replacement vehicle, so that Overlanding Ireland can assess whether the rented property is suitable for the replacement vehicle and can adjust the rental agreement – if necessary,
The tenant owes the rent over the entire agreed rental period. This rental period starts on the agreed date and the agreed time of collection. The rental period ends at the moment that the rented property including all associated parts and accessories has been returned by Overlanding Ireland. The day of collection and the day of return count as a full rental day. In addition, late collection or earlier return of the rented property by the tenant has no influence on the agreed rental period.
If the tenant wants to extend the agreed rental period, they must always discuss this with Overlanding Ireland in time. If extension is not possible, the tenant must simply return the rented property on the agreed day.
Dates and times of collection and return agreed between the parties are essential for Overlanding Ireland, because the rented property must sometimes be available to a third party the same day. The rental period is extended with any delay attributable to the tenant in the return of the rented property. This also includes the time involved in repairs, cleaning, etc. of the rented property as a result of negligence on the part of the tenant. Overlanding Ireland can then demand from the tenant payment of the rent due over the extension and compensation for all damage suffered by the delay, also with a view to the already agreed rental to third parties.
Unless otherwise agreed, the rental price is a weekly price and includes VAT, but excludes any surcharge as stated in paragraph 2.

Article 8: Assembly of the rented property

At the request of the renter, Overlanding Ireland can mount the rented property – free of charge and by way of service – on the renter's vehicle or advise the renter on this.
Overlanding Ireland recommends only the original roof racks of the car brand of the vehicle or roof racks of the Thule brand for installation. In most cases, the tenant can buy or rent Thule roof racks through Overlanding Ireland. Overlanding Ireland only carries out the assembly work as a service, the tenant always remains responsible for the assembly and the subsequent inspection thereof, both prior to use and during use, calculated from the moment of assembly.
If the rented property is not correctly or insufficiently secured mounted on the vehicle and is therefore completely / partially lost or – in whatever form – damage causes to the vehicle / other property of the renter or to vehicles / property of third parties, for example during transport / transport or by the arrangement of the vehicle, Overlanding Ireland is never liable for this damage.
During assembly, Overlanding Ireland does everything possible to ensure that the rented property fits on the vehicle specified by the renter. However, the tenant always remains responsible. If the rented property does not apply due to the fault of the renter – for example because the offered vehicle does not correspond to the data provided by the renter prior to assembly – Overlanding Ireland is not liable for damage suffered by the renter as a result, such as a delay in putting the rented property into use. Unless the parties in the specific situation agree otherwise, this does not mean that the rental period starts later or that the rent is only due later.
If it is known to Overlanding Ireland that the assembly cannot be carried out safely or assembly of the rented property at a later date can cause problems for the safety of the tenant or road safety, Overlanding Ireland will report this to the tenant. If Overlanding Ireland cannot offer a suitable solution at that time, it will refund all amounts received from the tenant as soon as possible. However, this refund can never be more than the agreed rental price and deposit. Overlanding Ireland is never liable for costs in connection with – for example – the cancellation of the tenant's holiday and resulting costs or claims from third parties. The foregoing also applies if on the agreed installation day – for whatever reason – no suitable roof racks are available at Overlanding Ireland, so that installation of the rented roof tent is not possible / is not possible at that time.

Article 9: Ownership

The rented property always remains the property of Overlanding Ireland. Without the prior written consent of Overlanding Ireland, the tenant may not sublet the rented property, give it to third parties in use, grant third parties rights to the rented property or make changes to / to the rented property. The lessee prevents third parties from creating the expectation or impression that they are authorized to further dispose of the rented property and also does everything that can reasonably be required of them to secure the property rights of Overlanding Ireland.
The tenant informs Overlanding Ireland immediately if there is seizure of the rented property – including tax land seizure – or well-founded fear of this. The tenant immediately informs the garnishee that the rented property is the property of Overlanding Ireland.
If the tenant appropriates the rented property in any way, there is embezzlement of the rented property and Overlanding Ireland report to the competent authority.

Article 10: Use – maintenance – repair

The tenant ensures that:
1. they use the rented property in accordance with the instructions, manuals, instructions for use or treatment, etc. given or provided by Overlanding Ireland;
2. does not use the rented property with more people than indicated in the (reservation) request and / or is indicated on the website or agreement;
3. the rented property remains in good condition during the rental period. The tenant is liable for all damage / damage caused during the rental period as well as for loss and theft and reports this immediately after occurrence or discovery to Overlanding Ireland stating all details, followed by a written confirmation. This can be done 1) by e-mail via keith@overlandingirelands.com or 2) by telephone via telephone number 00353 83 3046106.
4. the rented property is in any case insured for the usual risks during the rental period, such as damage, loss (whether or not due to theft) and destruction of the rented property by means of - for example - a good travel, cancellation or liability insurance. If the rented property is lost or irreparable due to damage, the tenant will compensate Overlanding Ireland compensation in the amount of the new value of the rented property less the usual depreciation.
Unless the parties agree otherwise, repair of damage or defects and the replacement of broken parts may only be carried out by Overlanding Ireland. If Overlanding Ireland gives permission for repair by a third party on site, the tenant will immediately submit a specified note of this to Overlanding Ireland upon return. When replacing parts, the tenant returns the replaced parts to Overlanding Ireland after the end of the rental period.
If damage, defects, etc. occur during the rental period;
1. is/are not attributable to the tenant;
2. the lessee has reported this damage, defects, etc. to Overlanding Ireland in accordance with paragraph 1 sub c and – in consultation with Overlanding Ireland – it has not been possible to repair this damage, defects, etc. on the spot;
3. the tenant could not use the rented property (temporarily or otherwise) as a result of this damage, defects, etc.;
Overlanding Ireland will compensate the tenant for the damage suffered as a result – such as the costs of an alternative, comparable overnight stay – up to a maximum of the agreed rental price over the entire rental period, unless the tenant can prove that the damage suffered exceeds the amount of the rent. To substantiate his damage, the tenant is required to submit to Overlanding Ireland invoices, receipts, etc. of a possible repair, the alternative place to stay, etc. Overlanding Ireland reserves the right to refuse claims that are considered unsubstantiated.
If there is theft or the damage has been caused by a criminal offence (for example vandalism), the tenant will report it as soon as possible to relevant authorities and to Overlanding Ireland. If it is necessary for Overlanding Ireland to file a declaration himself, the tenant will provide all relevant information immediately after discovery / the occurrence of the damage to Overlanding Ireland.
The tenant may only make changes to the rented property after prior written permission from Overlanding Ireland. The costs of these changes / adjustments are for the account of the tenant. Overlanding Ireland decides at the end of the agreement whether or not the tenant must remove the changes / adjustments made. If Overlanding Ireland removal, the tenant will return the rented property at his own expense to the state in which he received the rented property at the start of the rental period.

Article 11: Complaints

The tenant checks the rented property immediately upon receipt. They report the visible defects, defects, damages, etc. found at that time to Overlanding Ireland, so that they can be registered on the agreement. In the absence of such a notification, the rented property is deemed to have been made available to the tenant without defects / defects and in undamaged condition.
The tenant reports other complaints to Overlanding Ireland immediately after discovery, followed by a written confirmation thereof. All consequences of not reporting immediately are at the risk of the tenant.
The tenant enables Overlanding Ireland to investigate the complaint and provides all relevant information. If it is necessary (and possible) for the investigation that Overlanding Ireland must investigate the complaint on the spot, this will be at the expense of the tenant, unless the complaint turns out to be well-founded afterwards.
No complaints are possible if after receipt by the tenant – whether or not technical – adjustments / changes have been made to the rented property or the tenant – without the prior permission of Overlanding Ireland – where the tenant has carried out repair work on the rented property.

Article 12: Return of the rented property

The tenant ensures that after the end of the rental period they return the rented property to Overlanding Ireland in the condition in which the rented property was upon receipt - except for wear and tear as a result of normal use -, clean, dry and including included accessories and parts supplied.
Overlanding Ireland inspects the rented property immediately after return. The tenant may be present at this inspection. Costs in connection with the destruction / loss (of parts) of the rented property and necessary costs to be incurred to return the rented property to the state in which it was at the start of the rental period, such as cleaning and / or repair costs, are – except for normal depreciation and costs due to wear and tear – for the account of the tenant.
If the tenant – for whatever reason – does not return the rented property (in time), they are immediately in default. The rental period is then – without Overlanding Ireland having to report this – extended by one day each time and the tenant is obliged to reimburse the rent involved and additional damage from Overlanding Ireland, such as costs for hiring replacement items. If returning the rented property proves impossible, the tenant is obliged to compensate Overlanding Ireland the current value of the rented property and the lost profit.

Article 13: Liability

Overlanding Ireland guarantees the usual normal quality and soundness of the rented property during the rental period, but never gives a more far-reaching guarantee than as expressly agreed.
Apart from the explicitly agreed or Overlanding Ireland guarantees, Overlanding Ireland does not accept any liability.
Overlanding Ireland is only liable for direct damage. Any liability of Overlanding Ireland for consequential damage, such as delay damage, consequential damage to the renter's vehicle/third-party vehicles, damage to other property of the renter/third parties and/or personal or personal injury, is expressly excluded.
The tenant takes all necessary measures to prevent or limit the damage.
If Overlanding Ireland is liable, Overlanding Ireland's obligation to pay compensation is always limited to a maximum of the amount paid out by it's insurer in the appropriate case. If the insurer does not pay out or the damage is not covered by an insurance taken out by Overlanding Ireland, the compensation obligation of Overlanding Ireland is limited to a maximum of the rent for the rented property.
At the latest within 1 week after the tenant has become or could have been aware of the damage suffered by him, the tenant must Overlanding Ireland for this.
Overlanding Ireland is not liable – and the tenant cannot invoke an applicable guarantee – if the damage is caused by:
1. improper use, use contrary to the purpose of the rented property or use contrary to the instructions, manuals, instructions for use or treatment instructions provided by/on behalf of Overlanding Ireland;
2. errors or incompleteness in the information provided by/on behalf of the renter to Overlanding Ireland, including incorrect/incomplete information about the vehicle on which the renter wanted to use the rented property;
3. external causes against which the rented property is normally and in all reasonableness not resistant, such as storm, extreme rain, hail or snow, thunderstorms / lightning, windstorms, flood, static electricity, fire, explosion, overload, vandalism, etc.;
4. or because repairs or other work/operations have been carried out on the rented property by/on behalf of the lessee, without the express prior consent of Overlanding Ireland.
In the cases listed in the previous paragraph, the tenant is fully liable for the resulting damage and indemnifies Overlanding Ireland against any claims from third parties.
The limitations of liability included in this article do not apply if the damage is due to intent and/or deliberate recklessness on the part of Overlanding Ireland or the management staff at management level or if mandatory statutory provisions oppose this. Only in these cases will Overlanding Ireland indemnify the tenant against any claims from third parties.

Article 14: Payment

Overlanding Ireland may always – in addition to a possible deposit – request a deposit or other security for payment.
Subject to the provisions of Article 7 paragraph 3 about payment of the deposit and remaining payment and unless the parties agree otherwise or are stated otherwise on the website, payment must be made upon booking. In addition, the correctness of an invoice is established if no objection has been made within this / the agreed payment term.
In the absence of full payment, Overlanding Ireland may dissolve the agreement – without further notice of default – by means of a written statement or suspend its obligations under the agreement until payment has still been made or a proper security has been provided for this. The aforementioned right of suspension has Overlanding Ireland even if it has good reasons to doubt the creditworthiness of the tenant even before the tenant is in default with the payment.

Article 15: Bankruptcy, lack of power of disposal

Overlanding Ireland may dissolve the agreement without further notice of default by means of a written statement to the tenant at the time when the tenant:
1. is declared bankrupt or an application has been made;
2. apply for (provisional) suspension of payment;
3. is affected by enforceable attachment;
4. is placed under guardianship or administration;
5. otherwise loses the power of disposal or legal capacity with regard to (parts of) his assets.
The tenant always informs the trustee or administrator about the (content of the) agreement and these general terms and conditions.

Article 16: Force majeure

In the event of force majeure of the tenant or Overlanding Ireland, the latter may dissolve the agreement by means of a written statement to the tenant or suspend the fulfilment of its obligations towards the tenant for a reasonable period of time without being obliged to pay any compensation.
Force majeure of Overlanding Ireland is understood to mean: a non-attributable shortcoming of Overlanding Ireland, of the third parties engaged by it or other serious reasons on its part.
In the following circumstances there is in any case force majeure in Overlanding Ireland: war, riots, mobilization, domestic and foreign riots, government measures, strikes within the organization of Overlanding Ireland or threat of these etc. circumstances, disruption of the currency relations existing when entering into the agreement, business disruptions due to fire, burglary, sabotage, failure of electricity, internet or telephone connections, natural phenomena, (natural) disasters, etc. as well as transport difficulties and (delivery) problems caused by weather conditions, roadblocks, accident, import and export, etc. and the loss/destruction or damage of the rented property at such a time that Overlanding Ireland cannot reasonably have replaced or repaired the rented property at the start of the rental period.
If the force majeure situation occurs if the agreement has already been partially executed, the tenant must fulfil his obligations towards Overlanding Ireland up to that moment.

Article 17: Cancellation

Unless the parties agree otherwise, the tenant may cancel the agreement before the start of the rental period in writing. In addition, the tenant is obliged to pay a cancellation fee to Overlanding Ireland equal to:
1. 25% of the rental price in case of cancellation up to 120 days before the start of the rental period;
2. 50% of the rental price in case of cancellation from 119 days up to and including 31 days before the start of the rental period;
3. 75% of the rental price in case of cancellation from 30 days to 15 days before the start of the rental period;
4. 100% of the rental price in case of cancellation within 14 days before the start of the rental period.
Overlanding Ireland may set off the cancellation fee due against a deposit and /or deposit already received and any counterclaims from the tenant. Overlanding Ireland will refund the remaining amount to the tenant as soon as possible. Paid reservation costs remain due to the tenant, these are not refunded.
The tenant indemnifies Overlanding Ireland against claims from third parties arising from the cancellation.

Article 18: Applicable law, competent court

The agreement concluded between the parties is exclusively governed by Irish law.
Any disputes will be submitted to the competent court in the place of business of Overlanding Ireland, but Overlanding Ireland always reserves the right to submit the dispute to the competent court in the place of business of the tenant.
Regardless of the choice of Overlanding Ireland, the tenant always reserves the right to submit the dispute to the legally competent court. The tenant must make this choice known to Overlanding Ireland within one month after receipt of the summons.
If the tenant is established outside the Ireland, Overlanding Ireland may choose to submit the dispute to the competent court in the country or state where the tenant is established.

Date: 14/08/2022