General Conditions for the Rental of Vehicles
Article 1: Object
The present conditions of this Rental Agreement are intended to define the conditions and modalities of rental of vehicles without a driver. The rented vehicles will be referred to as “Vehicles”.
Article 2: Company that facilitates rental of vehicles
This contract is established between, on the one hand, the Lessee of the vehicle identified in the contract on the first page of this document, hereinafter referred to as the “Lessee” and, on the other hand, XAVIER NOGUERA JORNET hereinafter referred to as the “Lessor Service” with NIF 52429846-N and registered office C / SANT FRANCESC 58-60 Bajos 3, 08870 SITGES.
The Lessor Service makes available to the Lessee, signatory of the rental contract, the rented vehicle, identified on the first page (hereinafter, the “Vehicle”).
Article 3: Lessee
The signatory of the rental contract must have turned 21, have a valid Spanish or International Driving License recognized in Spain, with a minimum of TWO years of driving experience. The permit must be presented to the Lessor Service at the time of signing the rental agreement. Likewise, you must hold the ownership of a valid payment method and accepted by the Lessor Service.
The Lessor Service may authorize the driving of the vehicle to persons other than the Lessee, at the request of the latter and provided that their data are indicated, in detail, in the rental contract and meet the same validity and seniority requirements as the permit of driving required to the Lessee, they must present said permit to the Lessor Service at the time of signing the rental contract. The number of additional drivers allowed is ONE.
Except for the Lessee and the possible additional authorized driver, no one else will be allowed to drive the vehicle during the lease. The Lessee will respond personally and jointly and severally for the people who drive the vehicle during the lease. It is mandatory that the lessee always carry his copy of the rental contract in force for the duration of the same.
Article 4: General state of the Vehicle, maintenance and repair
The vehicle is delivered to the Lessee in good mechanical, body and interior conditions, except for the possible damages indicated in the same contract. Any damage or observation at the time of delivery of the Vehicle must be mentioned in writing in the rental agreement before its start-up. Likewise, the state of the Vehicle will be verified upon return, contrasting the departure status with that of return.
The Vehicle is delivered to the Lessee with the complete documentation, as well as with the vehicle key, tools and accessories, reflective vest and emergency pre-signaling triangles. The Lessee agrees to use the accessories diligently and return them in the same condition in which they were delivered. In the case of non-return of the accessories at the end of the rental contract, the Tenant is obliged to pay the Undelivered Service to the Rental Service, the amount thereof is established in the table at its disposal, “Possible Additional Charges”.
The Lessor Service will be responsible for the usual maintenance of the Vehicle, as indicated in the manufacturer’s maintenance guide. Repairs, replacement of parts or tires as a result of normal deterioration will be carried out on behalf of the Lessor Service and will be carried out by their own means. Repairs, replacement of parts or supply that are the result of malicious or guilty acts attributable to the Lessee or authorized drivers will always be at the expense of the Lessee. In this case, the Lessee will be responsible for all expenses that may have been incurred for the recovery and/or rehabilitation of the Vehicle, including the costs of removing, transporting or towing the Vehicle to the Lessor Service.
Article 5: Obligations of custody, driving, use and return of the vehicle applicable to the Basic Rate and Excellent Cover Rate:
From the moment of delivery of the Vehicle, the Lessee assumes custody of the same and is solely responsible for the Vehicle and the consequences that may derive from its use. The Vehicle may only be driven by the Lessee and/or the drivers authorized and identified in the rental agreement.
The Lessee undertakes to carry in the Vehicle, at most, the number of persons indicated in the Vehicle Traffic Permit and to circulate with the utmost diligence and observance of the regulations in force in Road Traffic and Circulation material. The Lessee is obliged not to SMOKE inside the Vehicle, as well as not to allow passengers to smoke inside the Vehicle. In case of breach of the above, the corresponding charge will be applied to the “Vehicle Deodorization”, included in the table at your disposal “Possible Additional Charges”.
The Lessee will be solely responsible for the infractions of the Traffic regulations, as a consequence of the driving or possession of the Vehicle and any legal and/or regulatory infraction, committed while the contract is in force. The Lessee is responsible for fines, penalties and/or claims of any nature and undertakes to compensate the Lessor Service if the latter had to pay any amount in advance for these items. The Lessee undertakes to take all necessary measures to prevent the deterioration, theft or fraudulent theft of the Vehicle and, especially, to activate the Alarm System if the Vehicle has the same, lock the doors, close the windows and not leave Vehicle documentation or personal objects and effects in sight when the Vehicle is parked. In case of theft, the Lessee must pay the amount of the franchise provided for in Article 6 of these General Conditions.
The Lessee will use the Vehicle strictly respecting the manufacturer’s rules and recommendations, being prudent and adopting all the precautions expected by the Lessor Service of an average user. Therefore, it will proceed, on a regular basis, to check the levels of lubricant and coolant, brake fluid and windshield wiper, according to the indications of the warning lights and according to the indications of the manufacturer’s maintenance guide, which acknowledges having received with the vehicle. Any other intervention will have to be submitted to the prior authorization of the Lessor Service.
The Lessee shall be liable for damages or losses caused to the Vehicle and the objects found therein, with the exception of the amount covered by the Insurance, as established in Article 6.1. of these General Conditions. The Lessee undertakes not to modify or incorporate anything in the Vehicle or its equipment (trailer, roof rack …), unless authorized in writing by the Lessor Service.
The use of the Vehicle must not be different from the usual one, not using it especially:
– Outside the roads open to traffic, the unpaved roads or those that, due to their condition, may suffer risks of damage to the Vehicle;
– For the transport of passengers for consideration;
– For total or partial sublease;
– To tow or push any object;
– For automobile competitions or rallies, including training and/or preparatory tests thereof;
– In challenges, bets, races and/or contests;
– To learn or teach driving;
– For the transport of flammable, explosive, corrosive, oxidizing, radioactive materials, or sources of ionizing rays, etc., or those that violate the legal provisions in force;
– In port, airport, airfield, refinery and oil company facilities, as well as their loading or transfer in ships, aircraft or the like.
– For the test of materials and their resistance, as well as of elements not approved for the Vehicle.
Unless there is prior authorization from the Lessor Service, the Vehicle may only be used within the continental territories of the countries of the European Union and Andorra, Gibraltar, Norway and Switzerland, without being allowed to move the vehicle in cranes, trucks, trains, ships or any other means of transport and outside the mentioned countries.
The rent is agreed for a defined duration and with a maximum mileage indicated in the rental contract. In case of exceeding said mileage, a charge will be applied for each additional kilometer indicated in the Particular Conditions set out on page 1 of this contract and provided for in the Current General Rate.
The Lessee must return the Vehicle to the Lessor Service of origin, on the date and time indicated in the rental agreement. If the Lessee wishes to extend the duration of the rental and modify said date, he must inform the Lessor Service and obtain, with a minimum of 24 hours, his consent.
The Vehicle must be returned in the same operating conditions, bodywork and interiors as at the time of delivery, with the tires, the spare wheel or repair kit, as well as its tools, in good condition. Otherwise, the Lessee will be responsible for the possible repair and missing costs of the vehicle except in cases of CDW collision and THW theft in the Excellent Cover Rate in Category A.
If the Lessee cannot return the Vehicle documentation (circulation permit and insurance policy certificate), will assume the costs of issuing duplicates, established in the table at your disposal “Possible Additional Charges” under the concept “Vehicle Documentation”.
It is forbidden for the lessee to assign, sublet, rent, mortgage, pledge, sell or, in any way, give as guarantee both the vehicle and the rental contract, the keys thereof, the documentation, the equipment, the tools and/or accessories of the same and/or any part or piece thereof or treat the above in a manner that causes damage to the Lessor Service.
Article 6: Insurance and coverage applicable to the Basic Rate and Excellent Cover Rate
a) Civil liability, legal protection, PAI
Civil liability, in accordance with current legislation at all times and adapted to European regulations. Voluntary Subscription Civil Liability with the limit of € 50,000,000, in accordance with the conditions of the Motor Vehicle Insurance Contract provided for that purpose, in excess of the limits of the Compulsory Subscription Civil Liability coverage.
Legal Defense and damage claim: according to the conditions, coverage and limitations of the Motor Vehicle Insurance Contract, legal assistance expenses and services are guaranteed in case of intervention of lawyers and attorneys recommended and appointed by the insurer according to the general conditions of the policy. In the event that the insured decides to entrust the defense of their interests to a lawyer of their choice other than the one designated by the company, they will have the following limits: Lawyer appointed by the insurance company, Unlimited; Free choice of Lawyer, € 600; Criminal bonds, up to € 6,000.
Individual guarantee of driver and passenger accidents (PAI) per victim:
Death: € 12,000;
Permanent disability: € 18,000;
Medical expenses at your expense: € 1,800
b) Damage to the Vehicle
Any damage caused to the vehicle as a result of the collision (CDW) and theft (THW) events and their intent, have a franchise in the Basic Rate of € 350 for claims in the case of Category A cars and € 950 for claims in the case of cars, SUVs and vans Category B. In case of contracting the Excellent Cover insurance, the Category A franchise will be € 0 and in Category B will be € 350.
6.2 Main exclusions:
a) Regarding any guarantee
– Damages occurred when, at the time of the accident, the driver is not of the required age or is not in possession of the current driver’s license required for driving by current regulations.
– Damage resulting from an intentional act of the insured driver.
– Those caused by flood, earthquake, volcanic eruption, atypical cyclonic storm, fall of sidereal bodies and aeroliths, earthquake, mutiny, popular tumult, events or peacetime actions of the Armed Forces or the Security Forces and Bodies.
– Those caused by the participation in challenges, bets, races, contests, rallies and preparatory tests of the latter.
– Those that occur inside the Port and Airport Enclosure.
– Damage caused by a civil or foreign war.
– The payment of fines.
– Loss of keys.
b) Regarding the PAI guarantee
The bodily harm suffered by the driver of the Vehicle in driving cases under the influence of alcohol and/or narcotics without a prescription, when said condition is related to the cause of the accident. c) Regarding the coverage of damages to the Vehicle
– Damages suffered by the Vehicle in case of driving under the influence of alcohol and/or narcotics without a prescription, when said state is related to the cause of the accident.
– Damage caused to goods transported in the Vehicle.
– Be deprived of the enjoyment of the insured vehicle, as well as the workshop expenses.
6.3 Obligations of the Lessee in case of accident or theft.
In any case, the Lessee is obliged to notify the Lessor Service as soon as possible and, at the latest, within 24 hours of its occurrence.
The Lessee is obliged, in addition:
a) In the event of an accident, to deliver, within a maximum period of 48 hours from the occurrence of the Lessor Service, even if it is only material damage caused to the vehicle, the original of the declaration friendly of the accident duly signed and completed in legible form (in the absence thereof, report of the incident including all the useful details about the circumstances of the accident, the data of the driver of the Vehicle, those of the opposite and its insurer, as well as those of the witnesses , the damages suffered by the Vehicle, as well as any other relevant data); if there were intervention of the agents of the Authority in charge of the surveillance of the Traffic and the Road Safety, the number of Police Statement.
b) In the event of theft of the Vehicle or its equipment and accessories or of an act of vandalism, the Lessee and/or any authorized driver shall be required to report the theft or the act of prosecution to the competent Public Order Forces or the Judicial Authority Vandalism as soon as you know the damage or the disappearance, communicate and facilitate the copy of the complaint to the Lessor Service within 24 hours after having received the damage or the disappearance and, in case of theft of the Vehicle, return the documentation of the same and the original keys in the same period.
In the event of accidents, theft or intent, the Lessor Service will invoice the Tenant for the amount indicated in the table at its disposal, “Possible Additional Charges”, under the concept of “Administrative Management of Accidents” for the related administrative tasks to the management derived from these events.
Article 7: Assistance
In the event of an accident, breakdown or theft, the Vehicle has a 24-hour Assistance service, 7 days a week, arranged with AUTOCLUB MÚTUA.
For this benefit, you must contact AUTOCLUB MÚTUA at the telephone numbers 902 555 855 from Spain, and (+34) 91 342 07 64 from abroad. This Assistance is provided in Spain and in the continental territories of the countries of the European Union, Andorra, Gibraltar, Norway and Switzerland.
In the event that the need for assistance arises as a result of an event not attributable to the Lessor Service, this will affect the cost of the service as indicated in the Table at your disposal, “Possible Additional Charges”, under the heading “Assistance”.
Article 8: Price
The rental price will be fixed in accordance with the General Tariff Rate of the Lessor Service according to the Basic Rate modality, or Excellent Cover chosen by the Tenant on the day of signing the contract.
The duration of the rental will be the one initially agreed in the rental contract and will be billed based on 24-hour periods, counted from the time it was formalized. Prices are calculated according to the collection and return times specified in the contract. However, a courtesy period of 30 minutes after the expiration of the return obligation is granted, from which, the Lessor Service may charge the period not agreed in the rental agreement, in accordance with the General Rate in Force.
At the time of signing the contract, the Lessee must pay through the accepted means of payment, the provisional amount of the rent for the expected duration of the rental plus a deposit of deposit that will be constituted in favor of the Lessor Service indicated in the Conditions Individuals listed on page 1 of this contract and provided for in the Current General Rate. In case of exceeding the expected duration, the Lessee will have to pay without delay the additional amount to the Lessor Service. The possible extensions of the rental service may not be compensated with the deposit constituted in favor of the Lessor Service, and the difference must be paid for the new period prior to the entry into force of this extension.
The Lessee will be responsible for the fuel costs. If the Lessee does not return the Vehicle with the same level of fuel that was delivered, the Lessor Service will invoice the fuel costs necessary to reach that level in addition to a charge set in the table available, “Possible Additional Charges”, under the title “Refueling and Missing Fuel Service”.
On the other hand, if the Lessee delivers the vehicle in conditions of manifest dirt and/or if it has been smoked inside the vehicle, a fee will be billed as reflected in the table at your disposal, “Possible Additional Charges”, under the concept “Special cleaning”.
In case of late payment of any of the amounts that the Lessee owes to the Lessor Service, these will be increased in full with the interest rate legal money plus 5 points. If the return of the Vehicle does not occur within 24 hours of the scheduled date and time, the Lessor Service will be entitled to file the corresponding complaint with the Authority or its Agents, giving account of what happened.
Article 9: Deposit of bail
To guarantee the fulfillment of its obligations and without prejudice to what is established in the previous Article, the Lessee must pay the Lessor Service as a deposit the amount indicated in the Particular Conditions set out on page 1 of this contract and provided for in the Valid General Rate for the rented vehicle by means of payment accepted by the Rental Service.
Both parties agree that the Lessor Service will keep this bond to cover the debts of the Lessee that he had not paid at the end of the rental. If at the end of the rental, the Lessee’s debt exceeds the amount of said deposit deposit, the Lessee must pay said additional amount to the Lessor Service immediately and without prejudice to the provisions of the previous Article.
Article 1 O: Return of the Vehicle
The rental will end only when the Vehicle, the keys, accessories and all the administrative documentation of the Vehicle have been returned. The return must be made during the business opening hours of the Lessor Service. After business hours, the Vehicle will not be received by the Lessor Service, and the Lessee is responsible for the damages that it may suffer until its effective return to the Lessor Service.
Article 11: Information on the processing of personal data
Responsible for the processing:
The Lessor Service identified in the Contract is the entity responsible for the processing of the personal data of the Lessee and, if authorized, of the Additional Driver.
a) Purposes and legal basis of the processing:
The personal data indicated will be used for the following purposes:
Management and fulfillment of the obligations and rights of the contract signed with the client
Management and fulfillment of the legal obligations and responsibilities of the Lessor Service, derived from the content of this contract
Compliance with the laws
Carry out surveys to improve the quality of products and services ; Manage and optimize the relationship with customers; anticipate their needs and satisfaction and be able to develop or improve new functions or services in accordance with the information obtained
Legitimate interest in assessing the quality of the products and/or services contracted
Send you commercial information about offers, news, promotional events
Prior consent you will grant by checking the appropriate box when providing your personal data
b) Recipients of the data:
Personal data collected may be shared, to the extent necessary and appropriate for each purpose, with a restricted number of recipients as follows:
– To third parties involved in the services described in this contract with the purpose of providing the services and obligations, duties or rights that affect the Lessor Service and/or the customer;
– To third-party service providers to the Lessor Service, who intervene, in our name and on our account, in any of the benefits of the contract signed with the client for the purpose of providing the contract management computer services, conducting surveys of quality of service/product and/or customer satisfaction, marketing campaigns.
– To authorities, administrations and public, administrative or private entities in order to comply with legal responsibilities and obligations arising from the use of the vehicle and other legal obligations arising from this contract, third party requirements regarding compensation, damages and/or damages caused, penalties or fine, payment of fees, payment of service prices, derived from the use of the vehicle, so that the affected or complaining third party can go directly to the Lessee or to the additional authorized Driver in respect of the aforementioned compensation, damages and/or damages caused, sanctions or fines, payment of fees or payment of sanctions prices.
c) Geolocation of the vehicle:
The vehicle may have a geolocation system. When contracting this service, the Lessee and/or authorized additional driver is informed and accepts that the operation of the Service requires the collection of geolocation data of the vehicle. Likewise, the Lessee will respond exclusively, leaving the person responsible for the treatment exempted from any responsibility, for the damages and damages that may be caused to third parties, whether in their personal or family privacy, privacy or the right of the third party of any other nature, such as consequence of the use of the geolocation device of the vehicle in contravention of current legislation.
d) Term of conservation of your personal data:
The period of time during which personal data will be kept is determined, in each case, by the fulfillment of the specific purpose of each treatment informed in this document of the aforementioned data, attending to the following criteria:
– The data stored for a specific purpose will be kept as long as necessary to achieve said purpose of the processing of personal data, as defined in the previous sections (duration of the contract with the client, to comply with the Law, as long as the commercial or contractual relationship with the client continues).
– Once the contractual or commercial relationship is concluded, your personal data will be blocked for use in case of litigation or conflict during the applicable term in accordance with current regulations.
– Subsequently, your data will be anonymized or deleted.
e) Rights of the Lessee and/or authorized additional driver:
They have the following rights related to the processing of their personal data: Access, Rectification, Cancellation, Opposition, Limitation of treatment and/or Deletion.
f) Procedure for the exercise of the Rights:
Written request, accompanied by a copy of the official identification document of the owner of the data, addressed to the Lessor Service identified in the contract.
Likewise, you have the right to file a complaint with the Control Authority regarding personal data protection in the event that you consider that the treatment carried out with respect to personal data does not comply with current regulations, by contacting the Spanish Agency for the Protection of Personal Data. Data, Calle Jorge Juan, nº6, 28001 Madrid, Telephone 901100 099, Web: www.agpd.es.
g) Responsibilities of the Authorized Tenant / Additional Driver in relation to the processing of data:
The Lessee is responsible for the veracity, updating and ownership of the personal data provided to sign this contract, and must inform the additional authorized Driver of the full content of these conditions contractual and, especially, the one described in this information referring to the processing of personal data.
Article 12: Various provisions
In case of non-compliance, by any of the Parties of their respective contractual obligations, the compliant party may terminate the rent in advance, without prejudice to other rights and actions that may assist it.
This contract will be submitted to the Spanish Legislation.