Contractual conditions

CONTRACTUAL CONDITIONS NOGUECAR RENT A CAR S.L.

1. Below is the rate applicable to your reservation. There are other rates subject to different conditions that are at your disposal both in our offices and by telephone.
2. The minimum age of the driver must be 21 years old and have a driving license with a minimum age of more than 1 year (In the vehicle group “A” drivers from 19 years old are allowed).
3. Drivers under 21 years of age or who have a driving license between 1 and 2 years old, will pay an additional cost of 15 € + VAT per day. All drivers must have held their driving license for at least 12 months. For non-EU customers will need the International Driving License along with the one from their country of origin.
4. The accepted means of payment are:
5. VISA ELECTRON debit card, VISA credit card or MasterCard / Maestro.
6. Diners Club, American Express and Postepay will not be accepted.
7. NOGUECAR RENT A CAR S.L. reserves the right to allow the final payment of the rental with cash or by bank transfer. In the case that the company would accept payment in cash, the amount of the same, would be limited according to the current legal regulations to 999,99 €.
8. We accept direct debit as a form of payment for companies. This form of payment will be subject to the acceptance by NOGUECAR RENT A CAR S.L.
9. e. The card must be in the name of the person who appears as the holder of the rental contract, main driver or additional driver.
10. The applicable fee includes:
11. VAT, Local Taxes and Fees.
12. 350 kilometers per day, up to a maximum of 3,000 kilometers in 30 days of the contract.
13. Compulsory insurance of the vehicle with an excess for own damage. The insurance covers the damages caused by the vehicle and the damages caused to the occupants of the vehicle. The amount of the deductible, which will be charged in case of damage to the rented vehicle, will be charged to the credit or debit card at the time of the rental contract. In case the Customer contracts the complementary coverage “Excellent Cover” (Reduction of Excess), the amount of the excess will be provisionally blocked as a guarantee deposit. The contracting of the complementary coverage “Excellent Cover” (excess reduction) can be done, at the Client’s choice, at the moment of the reservation or at the moment of the delivery of the vehicle. NOGUECAR RENT A CAR S.L. reserves the right to reject or confirm the coverage chosen by the client, at the moment of the delivery of the vehicle, based on the internal criteria of the company. The maximum amount of the supplementary expenses that will be invoiced to the Client for claims occurring with the vehicle will be up to the amount of the deductible per damaged area applicable to each category of vehicle per claim. Clients who do not wish to take out this supplementary coverage shall be required to deposit a deposit for an amount equal to the value of the deductible, the amount of which is stipulated in this article.
14. Conditions of cancellation of reservations:

a.100% refund of the total amount, if it is before 96 hours prior to delivery. Between 96 and 48 hours before, 15 € + VAT penalty. If it is less than 48 hours before, it will be penalized with one day of rent. After the period of 24 hours, no amount will be refunded for cancellation of reservation, except for reasons of force majeure (natural disaster, war, attacks, death or serious illness “hospitalization or surgery” of the tenant, their parents, siblings or children) credibly accredited in Catalan, Spanish or English.

b.All reservation cancellations must be made in writing to the following email address info@noguecar.com

7. Important Information:
8. It is necessary to present the passport or ID card, the driver’s license, (for non-EU clients it will be necessary to present the International Driver’s License together with the one of their country of origin) and a valid credit or debit card at the time of picking up the vehicle. If the card is different from the one used by the client to pay for the reservation, the client must physically show the card at the request of our staff.
9. The return of the vehicle with more than 59 minutes of delay over the end of the rental contract, will be charged an additional day according to the general rate in force.
10. The rental is not necessarily linked to a specific vehicle (make-model, color, equipment, etc.) but to a group of vehicles with similar technical and habitability characteristics. If a model of the selected group is not available, one of a higher category will be provided.
11. If the vehicle receives a fine during the period of validity of this contract, you will be responsible for the amount of the fine, in addition a charge of 25 € + VAT will be made as a fine management fee.
12. If a customer returns the vehicle without the corresponding documentation, an extra charge of 50,00 € + VAT will be made for administration costs.
13. NOGUECAR RENT A CAR S.L. reserves the right to cancel the delivery of the vehicle in case of founded doubts about the financial and physical capacity of the client or in case of previous non-payments or serious incidents with NOGUECAR RENT A CAR S.L.
14. These Particular Conditions will prevail over the General Conditions, both can be consulted in our Web: www.noguecar.com
15. The Privacy Policy is available in our web: www.noguecar.com

 

General Rental Conditions;

 1.- PURPOSE OF THE CONTRACT The client receives the vehicle described in the rental contract, in perfect working condition, with all its documents, tires, tools and accessories and undertakes to keep them and drive the vehicle in compliance with the rules of the Highway Code, as well as those set forth in these General Conditions. Before collecting the vehicle, the client is entitled to have the vehicle checked in his presence.

2.- DURATION OF THE CONTRACT The duration of the Contract is as stated on page 1 of the Contract, where the date and time of delivery and return of the vehicle is specified. The rental days will be counted by periods of 24 hours from the exact time the client has rented the vehicle and until the reception of the vehicle, its keys and its documentation by NOGUECAR RENT A CAR S.L. The courtesy period in the return of the vehicle will be 59 minutes.

3.- EXTENSION OF THE CONTRACT The client has the obligation to return the vehicle on the date and time stated in the previous section. If the client wishes to extend the rental period, he/she must go to the office of NOGUECAR RENT A CAR S.L. to sign the extension. No contract can be extended by telephone, being possible such extension through the e-mail info@noguecar.com. In no case the amount deposited as a deposit can be used for an extension of the same. Therefore, in the event that the Contract is extended, the customer must make an additional payment for such extension. If the Contract cannot be extended due to unavailability of vehicles or for any other reason, the customer must return the vehicle on the agreed date, at the agreed branch and at the agreed time. Depending on the initial conditions of the Contract, it may be necessary to request the extension of the Contract and a new contract may be required, at which time the current Contract will be considered terminated.

 4.- CONDITIONS FOR RETURNING THE VEHICLE The client shall return the rented vehicle in the same conditions in which it was delivered, together with all its documents, tires, stickers, tools and accessories, at the place, date and time stipulated in the Rental Agreement. At the time of return, the customer may request that the condition of the vehicle be checked in his presence. Such in-person check is subject to the opening hours of the local office. The customer may not modify any technical characteristics of the vehicle, the keys, equipment, tools and/or accessories of the vehicle, nor make any modification to its exterior and/or interior appearance. Otherwise, the client will bear the pertinent expenses to return the vehicle to its original state without prejudice of the damages caused to NOGUECAR RENT A CAR S.L derived from the reconditioning of the vehicle for the time that the vehicle had to be immobilized, as well as any other caused to NOGUECAR RENT A CAR S.L .

5.- EFFECTS OF THE NON RETURN OF THE VEHICLE The return of the vehicle on a date and time different to those established in the Contract entitles NOGUECAR RENT A CAR S. L to charge the amount of the rental from the end of the contract until the return of the vehicle, according to the General Public Tariff in force plus the penalty for delay out of date (from now on, “Overdue”) of 15 ¤ + VAT per day that will start to count from 24 hours after the expiration of the rental contract, until NOGUECAR RENT A CAR S.L recovers the vehicle. The lessor commits himself to contact the client to manage this overdue during the first 24 hours. In case the vehicle is towed away or parked in a public parking, the lessee will be charged all the costs generated for its recovery and transfer to the lessee. NOGUECAR RENT A CAR S.L. reserves the right to interpose the legal actions that are pertinent in any case of disappearance or non-return of the vehicle before the competent authorities, being the client responsible for all the legal and juridical consequences that could be derived. The unilateral prolongation by the client of the duration of the Contract will be considered as a non-permitted use of the vehicle for the purposes of the client’s responsibility for any damage that the vehicle may present.

 

6.- PAYMENTS AND FORM OF PAYMENT

6.1 Payments: The client agrees to pay to NOGUECAR RENT A CAR S.L :

1. a) The charges for the rental of the vehicle, insurance, and taxes determined in the current tariff of NOGUECAR RENT A CAR S.L (hereinafter, the General Tariff) have been previously notified to the client. The application of the initially agreed rate is subject to the return of the vehicle in the place, date, time and condition foreseen. The rates may vary depending on the season and the offices, so before hiring a vehicle, the client will be responsible for verifying the rate that will be applied.
2. b) Any other concepts of application to the client, according to the contractual and commercial conditions offered by NOGUECAR RENT A CAR S.L .

6.2 Payments as a consequence of the inadequate use of the client: The client, after the end of the rental of the vehicle, commits himself to pay to NOGUECAR RENT A CAR S.L the amounts that are a consequence of the following concepts:

1. a) Charge for ‘special cleaning’ for the expenses derived from an extra cleaning service as a consequence of the manifestly inadequate state of the vehicle at the moment of its return, with a maximum amount of 150 € + VAT divided in 3 modules of 50 € + VAT each one.
2. b) Charges caused by the loss of documents and vehicle keys, and/or sending the set of vehicle keys to the corresponding office, in cases of loss, breakage, return of the vehicle keys to an office other than that of the actual return of the vehicle, or any other situation in which the vehicle is paralyzed for reasons attributable to the customer.
3. c) The cost of moving the vehicle with a tow truck in the cases foreseen in the various clauses of this Contract.
4. d) Expenses derived from the loss, deterioration or damage to rims, tires (including punctures and blowouts), tools, adhesives, windows, mirrors, accessories, interior of the vehicle, as well as problems derived from an error in the type of fuel refueled.
5. e) Tolls, fines, penalties and legal expenses motivated by traffic infractions or infractions of laws, regulations or ordinances, (including congestion charges or limitation of road traffic where they exist) incurred by the client during the duration of the present Contract which have been paid by NOGUECAR RENT A CAR S.L.
6. f) The costs of repair of the damages caused to the vehicle in case of accident, when any of the following circumstances occur: – That the vehicle was not used in accordance with the established conditions. – That the accident report -either in the form of ‘Friendly Declaration of Accident’ – DAA- or ‘Accident Report’- has not been completed and sent to NOGUECAR RENT A CAR S.L. within 48 hours, or that it does not adjust to the reality of the facts produced. – That the damages are the result of an accident due to the fact that the client has not correctly evaluated the height of the vehicle. In all cases, NOGUECAR RENT A CAR S.L will immediately inform of the charge made and the reasons that have caused it, providing the client with a detailed invoice. The amount of the charge made to the client for the damages caused to the vehicle will be calculated taking into account the valuation made by an external expert office of NOGUECAR RENT A CAR S.L, or when such quantification cannot be made a priori, the amount resulting from a first valuation made by qualified personnel of NOGUECAR RENT A CAR S.L will be charged, whose existence and amounts the client declares to know, being in agreement with the same. All of the above is applicable without prejudice of a later liquidation and adjustment, once a repair estimate has been obtained from a garage or an appraisal made by an expert firm, external to NOGUECAR RENT A CAR S.L .

6.3 Method of Payment: The holder of the card must ensure that its use to satisfy the present General Conditions of Rental (deposit, withdrawals, etc.) will not cause him any damage. In this respect, he undertakes to inform himself at his bank of everything necessary before the use of his card by NOGUECAR, which cannot be held responsible in this respect. The payment of the vehicle rental and any additional costs will be made in the currency chosen by the Client. The accepted forms of payment are by credit or debit card, depending on the group of the vehicle. NOGUECAR reserves the right to allow the final payment of the rental with cash or by bank transfer. The cards allowed are VISA, VISA ELECTRON and MasterCard / Maestro. The credit or debit card with which the reservation has been made must be presented by its holder at the time of delivery of the vehicle.

7.- INSURANCE AND COVERAGE

7.1 Compulsory insurance and third party liability insurance. The rental rates include the coverage of the Compulsory Automobile Insurance and the Complementary Civil Liability Insurance for damages to third parties derived from the use and circulation of the vehicle. These coverages are guaranteed and are assumed by the insurer with whom the corresponding insurance policy has been arranged and are subject to the general and specific clauses of the policy and to the law.

7.2 Basic Coverage.

CDW: This product protects your liability for damages caused to the Vehicle in case of Collision or traffic accident whose amount exceeds the value of the Excess in the following combined assumptions:

– The cost of the damage caused to the Vehicle, or of the repair thereof, or of its book value in the event that it is declared a total loss.

– The loss of profit corresponding to the impossibility of use and exploitation of the Vehicle during its repair and/or while its deregistration is being processed.

– The administrative costs incurred by us in the management of damage files derived from Collision or traffic accident, when applicable in circumstances in which:

– The Collision occurs against a fixed or moving object. – The Vehicle is vandalized while being driven or used.

– The Vehicle suffers broken windows, optics, rear-view mirrors, or the tires are damaged or punctured during a Collision or traffic accident.

TP: This product protects your liability for damages and losses caused to the Vehicle in case of theft, attempted theft or acts of vandalism, the amount of which exceeds the value of the Excess in the following combined cases.

– The cost of damage or repair of the Vehicle (if recovered) or the book value of the Vehicle in case of loss of the Vehicle.

– The loss of profit corresponding to the impossibility of its use and exploitation during its repair and/or while its deregistration is being processed.

– The administrative costs incurred by us, when applicable, for the management of damage files derived from theft or attempted theft of the Vehicle, or acts of vandalism on the same. In circumstances of:

– Theft of the Vehicle and accessories to the Vehicle, as a result of force in things (such accessories may be any additional component fitted to the Vehicle that enhances its specification).

– Attempted theft of the Vehicle and/or its accessories.

– Any act of vandalism suffered by the Vehicle when it is parked and not being used by you.

– Breakage of windows, optics, rear-view mirrors, or tires damaged or stolen as a consequence of the events mentioned in the three previous points.

 PAI: Under this protection product, you may claim the economic cost of any of the following possible consequences resulting from your death or injuries suffered in a collision or traffic accident that occurs while driving the rented vehicle:

– Indemnity of a lump sum payment, the amount of which shall be determined by the specific policy of the leased vehicle.

– In the event of your death (or declaration of death). – In the event of partial or total disability as a result of the collision or traffic accident.

– Medical expenses for an amount to be determined by the specific policy of the rented vehicle, required as a consequence of the Collision or traffic accident.

 CL “WINDOW COVERAGE”: If you have contracted this product, you will be protected against financial responsibility for damage caused to windshields, any rear window or side windows.

 CN “TIRES COVERAGE”: This protection protects you against punctures and damage to the tires of the Vehicle, unless they were the result of negligent use. .

OBLIGATIONS OF THE CUSTOMER IN CASE OF ACCIDENT AND OTHER CIRCUMSTANCES In case of accident, the customer undertakes to:

1. a) Obtain and, send to NOGUECAR RENT A CAR S. L within forty-eight hours after the occurrence of the accident, complete data of the other party and possible witnesses, filling out an accident report, in the form of a ‘Friendly Declaration of Accident’ -DAA- detailing the license plate number, the name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, when possible, the number of the insurance policy, all this signed by both drivers involved in the accident, or, in case of not having it, the ‘Report of Accident’, which will be provided by NOGUECAR RENT A CAR S. L.
2. b) To notify immediately to the authorities if the guilt of the other party must be investigated or if there are injured persons.
3. c) Not to abandon the rented vehicle, without taking adequate measures to protect it. In case of vandalism, fire, theft or disappearance of the vehicle, the customer undertakes to put the vehicle in a safe place.

immediately inform NOGUECAR RENT A CAR S.L of the incident and make the corresponding report to the pertinent authorities, a copy of which must be sent to NOGUECAR RENT A CAR S.L as soon as possible.

 9.- UNAUTHORIZED USE It will be the obligation of the client to use the vehicle with due diligence, according to its characteristics, respecting the current motor vehicle traffic regulations and avoiding, in any case, any situation that could cause damage to the vehicle or to third parties. Likewise, it is the client’s obligation not to allow the driving of the vehicle to any person other than those authorized in accordance with this contract, being the client directly responsible for any damage or harm caused to the vehicle or to third parties in such case. Any case of non-compliance with the provisions of these paragraphs shall be understood as unauthorized use. The customer shall be fully liable for any damage caused to interior and exterior parts of the vehicle due to unauthorized use of the vehicle, in which case the customer is obliged to pay all costs incurred in accordance with the provisions.

Unauthorized use includes, and is not limited to, the following cases cited by way of example:

1. a) Pushing or towing any other vehicle without using an approved towing element provided by NOGUECAR RENT A CAR S.L.
2. b) Circulating in places that are not suitable for public transport such as beaches, automobile circuits, forest tracks, country roads, etc.
3. c) Driving on roads that are not asphalted, or asphalted but with serious deficiencies, which could lead to damage to the underbody of the vehicle.
4. d) Driving the vehicle in restricted areas, including, in particular, airport runways and other roads associated with aeronautical and/or military use.
5. e) Negligence in the ignition of warning lights or signals on the leased vehicle’s dashboard, which the client declares to be aware of by signing this contract.
6. f) Transportation of dangerous, flammable and/or harmful substances for the vehicle and its occupants.
7. g) The subletting of the vehicle without the previous and written authorization of . NOGUECAR RENT A CAR S.L.
8. h) The use of the vehicle in any activity contrary to the law.
9. i) The transport of a number of persons or amount of luggage superior to the authorized for the vehicle.
10. j) Any type of manipulation or intervention in the odometer, having to communicate immediately to NOGUECAR RENT A CAR S.L. the malfunctioning of the same.
11. k) Transporting luggage or any element on the roof of the vehicle even when using an adequate device for this purpose, except with previous authorization in writing from NOGUECAR RENT A CAR S.L.
12. l) Leaving objects in sight in the vehicle susceptible of being stolen with the consequent damages to the vehicle.
13. m) Soiling the interior of the vehicle beyond what a reasonable and careful use implies.
14. n) Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, medication or drugs.
15. o) Reckless driving.
16. p) Use of the vehicle for learning to drive under any circumstances and/or the teaching of any special driving skills.
17. q) Driving contrary to traffic regulations.
18. r) Driving of the rented vehicle by a person not authorized in the contract either as client/s and/or additional driver/s.
19. s) Driving the vehicle outside the peninsula unless there is express and signed authorization from NOGUECAR RENT A CAR S.L. and the corresponding additional coverage of extraordinary EMBARKING is contracted and paid. It is not possible to leave Spain without the express and signed authorization of NOGUECAR RENT A CAR S.L.

 

1. t) Use of the vehicle after the end of the rental period.
2. u) For all the opportune effects, we inform you that, for security reasons, the vehicles of our fleet are susceptible to be located by GPS signal. The company will only have access to the location data in case of alert due to disconnection or inhibition of the system, and/or non-return of the vehicle. The client knows and accepts this circumstance, refraining in any case to interrupt or impede its correct operation. The unauthorized use by the client will entitle NOGUECAR RENT A CAR S.L. to terminate the Rental Contract in advance for culpable breach of the same, requesting in its case, the corresponding compensations for damages and prejudices.

10.- DRIVING LICENSE. The client must be in possession of the corresponding driving license in force and homologated, being the client the direct responsible of the validity and homologation of the driving license, having to keep NOGUECAR RENT A CAR S.L. harmless under any concept, and with a minimum age of one year. At the same time, the minimum age of the client will be 19 years old. Likewise, and in any case, the client will have to have a driving license with at least one year of antiquity independently of his age. There is an additional charge, informed during the booking process, if the client is between 19 and 21 years of age. For non-EU customers the International Driving License will be required along with the one from their country of origin.

11.- THEFT AND LOSS OF PERSONAL OBJECTS NOGUECAR is not responsible for stolen, forgotten or lost objects inside the vehicle.

12.- DEPOSIT In any case, it will be obligatory to leave a deposit on the part of the client. In case the Client contracts the optional complementary coverage EXCELLENT COVER this will be of a MINIMUM OF 350 € depending on the vehicle. If not contracted, a deposit must be paid at the time of delivery of the vehicle, the amount of which is defined in article 5 of the Special Rental Conditions. The deposit collected (credit or debit card) will be reimbursed to the Client after the return of the vehicle, and once NOGUECAR RENT A CAR S.L. has verified the good condition of the vehicle and the good execution of the Contract. The maximum time for the refund of the deposit is 30 days after the return of the vehicle. The deposit will be retained partially or totally in case of breach of contract, to cover penalties or amounts attributable to the customer.

13.- MANDATORY CHILD RESTRAINT DEVICE APPROVED FOR CHILDREN. In the case of using the vehicle for the transport of children under three years old or older than 135 centimeters in height, the client must communicate it to NOGUECAR RENT A CAR S.L so that they can provide him, previous payment of the corresponding rental fee and without anchoring it in the vehicle, the corresponding homologated obligatory retention device according to the weight and size of the child or person who must use it. The installation of the device will always be the responsibility of the client.