General Conditions
The following rental conditions shall become part of the contract between the rental company (hereinafter referred to as the “Rental Company”) and you (hereinafter referred to as the “Renter”). The lessor rents to the lessee the vehicle described above and undertakes to comply with the clauses and stipulations set forth therein, signing his signature as proof of conformity with the terms of the contract.
1. Content of the contract and scope
1.1. The object of the contract formalized with the Hirer is solely the delivery of the vehicle on a rental basis. The Hirer shall not be liable for the travel services and other expenses, in particular, the totality of the latter.
1.2. In case of reservation, a rental contract governed exclusively by Spanish law shall be concluded between the Hirer and the Rental Firm(s). The Hirer shall use the vehicle at his own risk. The rental contract shall be limited to the agreed duration. A tacit extension of the rental contract for an indefinite period due to continued use is excluded.
2. Rental rates and rental period
2.1. The rental prices are derived from the Rental Firm’s price list in force at the time of conclusion of the contract. The minimum rental period established for certain times of the year is also derived from the Rental Firm’s price list in force at the time of signing the contract. Depending on the number of rental days booked, the prices shown in the price list for the respective season shall apply.
2.2 The rental prices for optional extras are derived from the Rental Firm’s price list valid at the time of conclusion of the contract.
2.3 The corresponding rental prices include: VAT, compulsory insurance, roadside assistance and the daily mileage specified in the contract or the Price List in force depending on each type of vehicle. Excess kilometers will be invoiced separately according to the price list.
2.4. The rental period begins with the pick-up of the vehicle by the Hirer at the agreed location and ends with the pick-up of the vehicle by the Rental Firm at the agreed location and on the agreed date.
2.5. If the vehicle is returned after the time agreed in writing has elapsed, the Rental Firm will notify the Hirer by telephone and, in the event of failure to do so or failure to reach an agreement, will charge € 30.00 per hour of delay (however, at most, for each day of delay the price will be three times the price of a whole day). The Hirer shall bear the costs arising from the fact that another Hirer or another person asserts his rights against the Rental Firm due to a delay in the delivery of the vehicle, attributable to the Hirer.
2.6 If the vehicle is returned before the end of the contracted rental period, the full contractually agreed rental price must also be paid.
2.7. The vehicle is delivered with a full tank of fuel and must be returned in this condition. If this is not the case, the Rental Firm will charge an additional service fee of € 30 in addition to the amount for filling the fuel tank. The Hirer shall bear the costs of fuel and operation during the rental period.
2.8. To return the vehicle in a different center than the pick-up, a special agreement with the lessor and the payment of the amount corresponding to this service to be agreed before the collection of the vehicle will be required.
3. Authorized drivers
3.1. The Hirer and each of the requested additional drivers must be at least 20 years of age and hold a class B driving license for more than two years or the corresponding national driving license. If the Hirer is not a resident of the EU, he must hold an international driver’s license.
3.2 If, at the time of delivery of the rented vehicle, the driver’s license that corresponds to the rented vehicle is not available, or if the documentation presented is false or inaccurate, the vehicle shall be deemed not to have been picked up; in this case, the relevant cancellation conditions shall apply.
3.3. Only the Hirer and the drivers mentioned in the Rental Agreement may drive the vehicle.
4. Cancellations and reservations
4.1. Reservations are only binding after confirmation by the Rental Firm in accordance with clause 4.2. The Rental Firm is obliged to offer a vehicle of the selected category. In the event that the reserved vehicle is not available due to force majeure, the Rental Firm reserves the right to replace the vehicle with an alternative vehicle without prior notice. The alternative vehicle shall be as similar as possible to the vehicle initially reserved.
4.2. Once the Rental Firm has delivered the written confirmation of the reservation, a deposit of 50% of the total amount of the rental must be paid. From this moment on the reservation is binding for both parties. In case the tenant does not comply, the reservation is no longer binding for the lessor. In case the customer cancels the binding reservation, the latter shall pay the following cancellation fees calculated from the first confirmed reservation: – up to 30 days before the start of the rental, 0% of the rental price – between 30 and 15 days before the start of the rental, 50% of the rental price – between 15 and 7 days before the start of the rental, 75% of the rental price – 7 days before or in case of non-collection of the vehicle, 100% of the rental price.
5. Deposit and forms of payment
5.1. The rental price according to the reservation dates must be paid to the Rental Firm by the various means provided by the Rental Firm to the Hirer.
5.2. At the latest, at the time of collection of the vehicle, the lessee must pay the amount of 600 €, by credit card, as a deposit and as a guarantee of the faithful fulfillment of the obligations of this contract.
5.3. The deposit will be returned after the vehicle has been examined by a person in charge of the rental company within 48 hours after the return of the vehicle. In case of damage due to misuse, the amount to be paid by the client will be determined. This amount will be deducted from the deposit, the lessee accepting the payment of the difference if the cost of the damage exceeds the value of the deposit. If it is not possible to assess the damage immediately, the Hirer shall have 30 days to settle and return the deposit, if applicable, or claim the difference between this and the cost of the damage.
5.5 The Hirer expressly undertakes to pay to the Rental Firm: a. At the time of return of the vehicle, the amount of the extra mileage made, if any, calculated according to the tariff in force, and/or the additional charges arising from the application of these General Rental Conditions b. The additional charges originated if the vehicle is left in any other place or city, without the Lessor’s authorization. c. The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic infraction or of any other kind, which are directed against the vehicle, the lessee or the lessor, derived from the time of validity of this rental contract, unless they have been originated by the fault of the lessor d. In the event that, due to the fault of the lessee, the vehicle is retained or impounded, all expenses shall be borne by the lessor, including the loss of profit of the leasing company for the duration of the immobilization of the vehicle. e. Expenses incurred by the lessor in the claim of the amounts owed by the lessee under this contract. f. The vehicle has a compulsory insurance and travel assistance. In case of accident or theft, the client will be responsible for the payment of the costs of repair, towing, timely benefits, etc., up to the maximum value of the total price of the vehicle on the market. This value shall be limited to 500 euros if the Partial Collision Damage Waiver (CDW) and/or Theft Protection (TPC) is contracted.
5.6. If the Hirer is in arrears with payments, interest for late payment shall be charged in accordance with the statutory provisions in force.
6. Collection and return of the vehicle
6.1. Upon receipt of the vehicle, the Hirer is obliged to follow the instructions given by the Rental Firm at the point of delivery. In addition, a “Departure Control” delivery report shall be drawn up describing the condition of the vehicle, which must be signed by both parties. The Rental Firm may refuse to hand over the vehicle until the vehicle has been inspected.
6.2. When returning the vehicle, the Hirer is obliged to carry out a final inspection of the vehicle together with the employees of the rental station. A return report “Entry Control” will be drawn up, which must be signed by the Rental Firm and the Hirer. Any damage that is not recorded in the delivery report, but which is detected at the time of returning the vehicle, shall be at the Hirer’s expense.
6.3. The times stated in the rental contract shall be deemed to be those agreed upon. The day of delivery and return shall add up to one day together, provided that the total does not exceed 24 hours.
6.4 Unauthorized delays in return will be penalized with a daily rate of three times the amount applied in the contract. Any justified cause of force majeure that prevents the return on the agreed day must be communicated immediately to the Rental Firm for acceptance; otherwise it will be considered an unauthorized delay.
6.5 If the Hirer wishes to extend the rental period, he must apply to the Rental Firm at least two days before the end of the contract. The possible confirmation of the extension shall be subject to the availability of the Rental Firm at that time, and the latter shall not assume any prior commitment whatsoever.
6.6 Any alteration of the rental dates must be previously authorized by the Rental Firm. Failure to comply with this condition entitles the Rental Firm to take over the vehicle or to demand it in court. The Rental Firm reserves the right to obtain the return of the vehicle at any time during the term of this contract, if its use contravenes the provisions of this contract.
6.7 In the return of the vehicle for termination of the rental, in which the lessee is not present at the inspection of the same for reasons attributable to him or unavailability, and damage to the vehicle is appreciated, the lessee accepts the valuation of the damage resulting from the inspection by the lessor’s staff.
6.8 The vehicle shall be returned internally clean and with empty waste water and toilet tanks. Otherwise, an additional cleaning fee of 50 Euros will be charged.
6.9 Filling the drinking water tank with diesel or other fuel, or the diesel tank with water or other fuel, will result in a penalty of 600 Euros.
7. Obligations and prohibitions
7.1 The Hirer acknowledges that he receives the vehicle in perfect mechanical condition, provided with the necessary documentation and with the appropriate tools, tires and accessories and undertakes to keep it in good condition. He also undertakes to respect at all times the obligations and limitations described in the current Highway Code and undertakes to: a. Not to allow other people to drive it other than himself or those expressly authorized. b. Not to carry more passengers than those specified in the vehicle documentation. c. Not to rent or transport people for commercial purposes and any other use that is not included in the contract. d. Not to transport any type of merchandise or goods that are not included in the contract. e. Not to transport any type of goods or services that are not included in the contract. f. Not to transport any type of goods or services that are not included in the contract. g. Not to transport any type of goods or services that are not included in the contract. Not to transport any type of merchandise, drugs, toxic or flammable products. e. Not to cede its use to third parties for free or for profit and not to assist criminals. f. Not to commit crimes, even if these are only punishable according to the legislation in force in the place of the facts. g. Not to drive the vehicle in inferior physical conditions due to alcohol, drugs, fatigue or illness. h. Not to drive the vehicle in inferior physical conditions due to alcohol, drugs, fatigue or disease. Not to drive outside the road network or on any unsuitable terrain, nor to participate with the vehicle in sports, endurance, racing or other events that may damage the vehicle i. Not to use the vehicle to push or tow other vehicles or trailers j. Not to unseal or manipulate the odometer, having to communicate immediately to the lessor any breakdown of the same k. Not to circulate outside Spain without the express authorization of the lessor. l. To keep the vehicle properly parked and guarded when not in use and to protect it from damage by frost, hail or any other atmospheric phenomenon likely to cause significant damage. It is expressly forbidden for the Hirer to change any technical characteristics of the vehicle, keys, locks, equipment, tools and/or accessories of the vehicle, as well as to make any modification to its exterior and/or interior appearance, unless expressly authorized in writing by the Rental Firm. In case of violation of this article, the lessee shall bear all the costs of reconditioning the vehicle to its original state, and shall also pay an indemnity for the immobilization of the vehicle until it is fully repaired.
7.2. The vehicle must be properly cared for and treated and properly locked. The technical standards as well as the regulations governing the use of the vehicle must be observed. The condition of the vehicle, in particular the water and oil level as well as the tire pressure must be checked. The Hirer undertakes to check regularly whether the rental vehicle is in perfect condition for safe driving.
7.3. Smoking is forbidden in all vehicles. Pets may be carried provided that the Rental Firm has given its express authorization. Cleaning costs, derived from any non-compliance, shall be borne by the lessee. Likewise, the latter shall bear the costs arising from ventilation or elimination of the smell of tobacco, including the losses generated by the impossibility of renting the vehicle for some time due to this reason.
7.4. 7.4. If it is established that the provisions of paragraphs 7.1., 7.2. and 7.3. above have been violated, the Rental Firm may immediately terminate the rental agreement.
8. Guidelines in case of theft or accident
8.1. In case of accident, theft, fire or damage caused by animals, the Hirer must immediately inform the police and the Rental Firm by calling the telephone number of the rental station (the telephone number is stated in the rental agreement), at the latest on the working day following the day of the accident. Claims to the contrary shall not be admissible.
8.2 Liability will never be acknowledged or prejudged, except in the case of a “Friendly Declaration of Accident”. The Hirer shall obtain all information from the opposing party and witnesses, which together with the details of the accident shall be forwarded to the Rental Firm within the specified period. Immediately notify the authorities of the accident if the other party is at fault. The accident report must be duly completed and signed at the latest at the time of returning the vehicle to the Rental Firm. The document must include the name and address of the persons involved, their driver’s license details, the details of the other party with the name of the insurance company and the policy number, the details of any witnesses, as well as the license plates of the vehicles involved.
8.3 In case of theft or robbery of the vehicle, it shall be reported to the competent authority immediately, communicating it and sending a copy of the report to the Rental Firm, together with the keys of the vehicle, within a maximum period of 24 hours; otherwise, the insurance and coverage contracted shall be null and void.
8.4. Even in damages without contrary, regardless of their severity, the lessor must draw up for the leaser a comprehensive written report along with a sketch. If the Hirer fails to draw up the report – for whatever reason – and thus prevents the insurance company from paying for the damage, the Hirer shall be obliged to pay the corresponding amount in full.
8.5 Do not leave the vehicle without taking adequate measures to protect and safeguard it. If necessary, contact the Roadside Assistance Company contracted with the Insurer.
8.6 In case of breach by the Hirer of any of these measures, if applicable, the Rental Firm may claim from the Hirer damages caused by negligence of the latter, including the loss of profit of the Rental Firm during the time the vehicle is immobilized.
9. Vehicle defects
9.1 The Hirer’s claims for damages due to defects not attributable to the Rental Firm are excluded.
9.2 When returning the vehicle, the Hirer must inform the Rental Firm in writing of any defects that he has detected in the vehicle or its equipment after the rental period has begun. Claims for damages in the event of defects reported subsequently are excluded, unless such a claim is based on non-obvious damage.
10. Repairs, exchange of vehicle
10.1 Normal mechanical wear and tear of the vehicle is borne by the rental company. When the duration of the journey or the state of the roads make it advisable, the necessary maintenance operations shall be carried out.
10.2 The Hirer must stop the vehicle immediately when any warning light indicating an anomaly in the operation of the vehicle lights up, and must contact the Rental Firm or the Assistance Company appointed by the Rental Firm, and only the latter.
10.3 The Hirer may order those repairs that are necessary to ensure the safety during the operation and circulation of the vehicle during the rental period and that do not exceed 150 €. This requires the approval of the Rental Firm. The latter shall bear the costs of the repair if he is provided with the original receipts and the replaced parts, provided that the Hirer is not liable for the damage in accordance with clause 11.
10.4 If such a repair is necessary due to damage for which the Rental Firm is responsible and the Hirer is not responsible for remedying the damage, the Hirer must notify the Rental Firm immediately of the damage in question and allow a reasonable period of time for repair.
10.5 If, through no fault of the Hirer, the vehicle is seriously damaged or if it is foreseeable that the vehicle cannot be used for a longer period of time or has to be taken out of service, the Rental Firm shall not be entitled to terminate the contract if it is able to provide the Hirer with a similar replacement vehicle within a reasonable period of time. This implies the possibility that the Hirer would have to return to the Rental Firm’s base in Gijón to pick up the replacement vehicle.
10.6 If the Hirer is at fault and the vehicle is seriously damaged or if it is foreseen that the vehicle cannot be used for a longer period of time or has to be taken out of service, the Rental Firm may refuse to provide a replacement vehicle. In this case, a termination of the contract by the Hirer is excluded. If the Rental Firm is able to provide the Hirer with a replacement vehicle, it may charge the Hirer for any costs arising from this.
11. Insurance arrangements and Hirer’s liability
11.1 In the event of an accident or theft, the Hirer shall be liable for payment of the costs of repairs, towing, appropriate benefits, etc., up to the maximum value of the total market price of the vehicle. This value will be limited to 500 euros if the Partial Collision Damage Waiver (CDW) and/or Partial Theft Waiver (TPC) is contracted a)Partial Collision Damage Waiver (CDW): This is an optional protection that, for an additional price, allows the renter to reduce his financial responsibility for damages that may be caused to the vehicle in case of collision or vandalism. If the client accepts this protection, he/she will only be responsible for the payment of amounts not exceeding the total of the non-waivable excess (deposit), according to the applicable charges. b) Partial Theft Protection (TPC): This is an optional protection that, for an additional price, allows renters to reduce their economic responsibility in case of theft of the vehicle or theft of the vehicle. If the client accepts this protection, he/she will only be responsible for the payment of amounts not exceeding the total of the non-waivable excess (bail) for the theft of the vehicle or theft of the vehicle, according to the applicable charges. Vehicle theft means the absence, upon return of the vehicle, of any of its original elements, components, documents, documents, parts, tools or accessories or any other type of original accessory (except the vehicle keys) that the customer may have requested. In any of the cases, these optional coverages shall not apply if: A) The customer causes damage to the upper structure of a van, as a result of the vehicle coming into contact with overhanging obstacles, or having attempted to enter a tunnel, parking lot or similar area whose ceiling is low. B) The customer causes damage to the underbody of the vehicle (crankcase, drive shafts etc.) as a result of driving on roads with unsuitable road surfaces or driving the vehicle off-road. C) The client causes damage to the tires, either punctures, blowouts or theft in any of the vehicle’s wheels.
11.2 The lessee, under no circumstances, shall be exempted from its responsibilities, civil, administrative, criminal or of any kind resulting from an accident or willful misconduct.
11.3 The exemption from liability indicated in paragraph 11.1 shall have no effect if the Hirer fails to comply with any of the rules indicated in all the points of paragraph 8.
11.4 The exemption from liability as per 11.1 shall not apply if the Hirer has caused the damage intentionally or negligently.
11.5 The Hirer shall also be liable in case of wilful misconduct in the following cases: a. If the Hirer does not respect the rules and the highway code in force in the country where he is driving. b. If the damage is due to reckless driving under the influence of drugs or alcohol. c. If the Hirer or the driver of the vehicle has caused the damage in a wilful or negligent way. If the Hirer or the driver, to whom the Hirer has left the vehicle, flees in the event of an accident d. If the Hirer, contrary to the obligation set out in paragraph 8, does not notify the police in the event of an accident, except in the case that this infraction has had no influence on the ascertainment of the reasons for the damage or the extent of the damage. e. If the Hirer violates other obligations set out in paragraph 8. If the Hirer violates other obligations under Paragraph 8, unless this violation has no influence on the establishment of the reasons for the damage and the extent of the damage f. If the damage is caused by a use prohibited under Paragraph 7.1. g. If the damage is caused by a violation of the obligation under Paragraph 7.2. h. If the damage is caused by a driver who has caused the damage. If the damage has been caused by an unauthorized driver, to whom the Hirer has left the vehicle i. If the damage has been caused by disregarding the dimensions of the vehicle (height, width, length) j. If the damage is due to non-compliance with the provisions on additional load.
11.6 The Hirer is liable for all costs, fees, fines and penalties related to the use of the vehicle, which are claimed from the Rental Firm, unless they are due to causes attributable to the latter.
11.7 If there are more lessees, they shall be jointly and severally liable.
12. Lessor’s liability, statute of limitations.
12.1 The Rental Firm delivers the vehicle in perfect condition, having carried out all the checks and maintenance necessary for its proper operation. It shall not be liable for mechanical failures or breakdowns due to normal deterioration of the same, nor is it liable for expenses, delays or damages in any way produced, directly or indirectly as a result of such failures or breakdowns.
12.2 If for reasons of force majeure, fortuitous reasons or reasons beyond the control of the Rental Firm, the vehicle cannot be delivered on the agreed date, this shall not entitle the Hirer to any compensation, except for the refund by the Rental Firm to the Hirer of the amount paid for the reservation.
12.3 The Rental Firm shall not be liable to the Hirer for the Hirer’s car which is parked at the place designated by the Rental Firm during the rental period of the vehicle.
12.4 The Rental Firm shall be liable without limitation in case of intent and gross negligence. In the case of slight negligence, the Rental Firm shall only be liable to a limited extent for the foreseeable damage stipulated in the contract, insofar as an obligation is violated, the fulfillment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). This measure of liability shall also apply in cases where obstacles to the performance of services arise at the time of conclusion of the contract.
12.5 These “General Terms and Conditions of Rental” shall be binding on the parties from the time of the initial booking and shall form an integral part of the vehicle rental contract.
13. Personal Data
13.1. In accordance with the provisions of Law 15/1999 on the Protection of Personal Data, the lessor informs that the personal data contained in this contract may be incorporated into an automated file in order to provide and offer our services and promotions, giving express consent to send commercial communications by any means. This consent may be revoked through the mechanisms established for the exercise of rights of access, cancellation, rectification or opposition of their personal data, in which case you can make the communication either personally at any of our offices or by written communication to that effect to the address of our company.
13.2 The data collected will not be transferred to other persons, companies or organizations.
14. Jurisdiction
14.1 For any dispute arising from the interpretation or application of this contract, the competent court shall be the place of performance of the obligation or the domicile of the consumer or user.