GENERAL CONDITIONS |
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The company that signs the contract,
hereinafter the Rental Company, rents the Vehicle assigned to the Renting Party,
whose data and signature are contained in this contract, pursuant to the clauses
and conditions that are established herein and which the Renting Party accepts
and binds himself to comply with. |
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SECTION 1 USE OF THE VEHICLE
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1.1 The Renting Party binds
himself to use and drive the Vehicle according to the basic driving and
circulation rules, and following the use specifications of the type of Vehicle.
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1.2 The Renting Party binds
himself not to use the Vehicle and /or not to allow it to be used under the
following conditions: |
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a) Paid transport of passengers b) To push or pull any
Vehicle or any other object, with wheels or otherwise. c) Take part in
competitions, official or otherwise. d) To drive the Vehicle under the
effect of alcohol or narcotics. e) Transport of goods that infringe the law
or legal regulations in force or with illegal ends. f) Transport of
passengers in a number greater than that authorised and indicated in the
Technical Inspection Card of the Vehicle. g) Transport of goods of a weight,
quantity and/or volume greater than that which is authorised in the Technical
Inspection Card of the Vehicle. h) Transport of goods considered as special
or dangerous under the Transport Laws in force.
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1.3 Only those person or
persons identified and accepted by the rental company in the rental contract
and/ or any extra attachment hereto shall drive the Vehicle, under the condition
that they are aged more than 21 years old or more than 25 years old, depending
on the group of Vehicle indicated in the Authorized General Price List. Such
persons shall be the holders of, and in possession of, a valid current driving
licence that has been obtained at least one year before. |
1.4 The Renting Party binds
himself to keep the Vehicle locked when not using it and to keep the Vehicle's
documents inside it. |
1.5 It is expressly prohibited
that the Renting Party grant, pledge as security, pawn, sell or in any way give
as a guarantee: the Vehicle, the rental contract, the keys, the documentation,
the equipment, the tools and/or accessories of the Vehicle and/or any part or
piece thereof, or handle the previously indicated items in such a way as to
cause harm to the Lessor. |
1.6 It shall be prohibited,
other than with the express authorization of the Lessor, to transport the
Vehicle from the islands to the Continent or to other islands. Any breach of
these conditions shall authorize the Lessor to force the Renting Party to return
the Vehicle immediately, without the need for justification or
compensation. |
1.7 In the event of loss or
damage to the keys of the Vehicle, the client shall have to pay the cost of the
new keys, the amount of which is established in the Authorized General Price
List. |
1.8 The Lessor has the right to
cancel the contract if the Renting Party does not comply with the conditions set
out in section 1. |
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SECTION 2 .- CONDITION OF THE
VEHICLE |
2.1 The Renting Party
recognizes that he receives the vehicle in good working condition, including the
five tyres which, in the event of damage other than through normal wear and
tear, the Renting Party shall have to replace immediately, at his expense, with
any other or others of the same characteristics, use and condition or pay the
corresponding amount. The Renting Party shall also be liable for the damage that
he may cause to the vehicle. |
2.2 It is expressly prohibited
that the Renting Party interfere with any technical characteristic of the
vehicle, the keys of the Vehicle, the equipment of the Vehicle, the tools and/or
accessories of the Vehicle, or to carry out any modification of its exterior
and/or interior appearance. In the event of breach of this section, the Renting
Party shall have to pay all the duly verified costs of the reconditioning of the
Vehicle to its original condition and pay a sum as an indemnity for the
immobilization thereof. |
2.3 The Renting Party exempts
the lessor from all liability for loss or damage occasioned to objects left or
transported in the Vehicle by the Renting Party or by any person or to the
clothes thereof, during the term of the contract or after returning the Vehicle.
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SECTION 3.- PRICE, DEPOSIT AND
EXTENSION |
3.1 The rental price, and the
amount of the deposit are defined in the Authorized General Price List and have
to be paid in advance by the Renting Party. The deposit shall under no
circumstances be used to extend the rental time. |
3.2 The rental time shall be
agreed in the contract and shall be paid for twenty-four hours periods, counting
from the time at which the rental is formalized. There is a courtesy period of
29 minutes, after which an additional amount shall be charged for hours in
excess, or for a day, when such time is greater than three hours. |
3.3 In the event of the Renting
Party wishing to keep the Vehicle for a further time period than that agreed
under the contract, he shall have to obtain written authorization from the
Lessor, to whom he shall have to pay the corresponding fee. |
3.4 The Renting Party binds
himself to return the Vehicle to the lessor on the date and time as agreed in
the rental contract. The service shall only be considered to be terminated once
the Vehicle and the keys of the Vehicle have been returned to the Lessor.
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SECTION 4.- PAYMENTS |
4.1 The Renting Party
undertakes to pay the Lessor: |
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a) The sum resulting from the application of the Authorized
General Price List and the price agreed in the rental contract, corresponding to
the time, insurance, optional exemptions, optional equipment and complementary
services, pursuant to the applicable conditions, as well as the applicable taxes
and rates. b) The cost of the damage and/or theft suffered, total or
partially, to the Vehicle and that are not protected by the exemptions agreed to
by the Renting Party, as well as when the exemption applicable in each case are
enforced. The maximum liability of the Renting Party shall be the market value
of the Vehicle. c) The sum corresponding to the fines arising from
infringements to current and applicable regulations, especially those relating
to the Highway Code, which the Renting Party may commit, as well as the charges
corresponding to any delay in payment by the Renting Party and the judicial and
extrajudicial costs the Lessor may incur as a consequence of the foregoing. This
is regardless of the liability of the Lessor as owner and holder of the Vehicle.
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4.2 The payment of the sums
mentioned in the previous paragraph 4.1 shall be made by credit card or cash. In
the event of payment being made in cash, the lessor shall be entitled to request
one or more credit cards as a guarantee from the Renting Party. |
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SECTION 5.- INSURANCE
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5.1 The rental fees include
coverage for the compulsory insurance of the Vehicle and the complementary third
party insurance with unlimited guarantees for damage and injury to third parties
deriving from the use and circulation of the Vehicle. |
5.2 Such coverage shall be
guaranteed and is assumed by the insurer with whom the Lessor has subscribed the
corresponding insurance policy. |
5.3 By signing the rental
contract, the Renting Party consents as an insured party to the aforementioned
policy, a copy of which is kept in the head office of the Lessor. |
5.4 This policy does not cover
damage, loss nor any other harm suffered to equipment, goods or objects
transported in the Vehicle, nor the total or partial loss nor harm suffered to
the Vehicle due to theft and/or vandalism and/or traffic accident. |
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SECTION 6. OPTIONAL INSURANCE
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6.1 PAI, Personal Accident
Insurance, is insurance against personal injury and for medical assistance that
covers the medical costs caused in the event of accident and guarantees an
indemnity for death or permanent disability. |
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SECTION 7. OPTIONAL EXEMPTIONS
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7.1 CDW (Collision Damage
Waiver) Partial Exemption of liability for damage caused to the Vehicle in the
event of accident. |
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a) The CDW is an optional service provided directly by the Lessor
that partially exempts the Renting Party, in hiring it, from financial liability
only for the damage occasioned to the Vehicle as a consequence of a travel
accident, excluding that caused by vandalism. b) Should the CDW not be
subscribed to, this means that the Renting Party shall be financially liable for
the damage caused to the Vehicle and the indemnity for its immobilization. c)
The CDW only covers the damage caused to the Vehicle by accident, in accordance
with the terms of paragraph 7.3, if the Renting Party duly completes the
Accident Report, in which the facts thereof and the personal details of the
vehicles and drivers involved in the accident and the conditions and
circumstances under which the accident took place shall be clearly stated.
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7.2 TP (Theft
Protection) |
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a) TP is an optional service provided directly by the Lessor that
only exempts the Renting Party partially, in hiring it, from financial liability
for total or partial theft of the Vehicle. b) Should TP not be subscribed
to, the Renting Party shall be financially liable for the damage caused to the
Vehicle consequent upon total or partial theft of the Vehicle and the indemnity
for the immobilization thereof. c) The TP is only applicable if the Renting
Party returns the keys of the Vehicle to the Lessor (which are given to him upon
signing the rental contract) without any manipulation, along with the original
of the claim for the incident submitted to the corresponding authorities.
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7.3 CDW and TP
Requirements: |
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a) A minimum sum shall be established in the Authorized General
Price List, being the responsibility of the Lessor (franchisor) for damage
and/or losses caused to the Vehicle, that shall not be covered by either the TP
or the CDW. b) The CDW shall not, under any circumstances, cover the damage
caused in the lower part nor in wheels and tyres of the Vehicle, when they are
occasioned as a consequence of driving the Vehicle in an overloaded condition or
of driving it in places such as beaches, unsuitable paths, forest paths etc., or
occasioned by hard contact with stones or any other object and holes in the
road, produced in wheel rims and tyres due to hard contact with curbs when
parking, or occasioned by reckless driving or any other cause resulting from bad
faith on the part of the driver. c) CDW and TP coverage is not applicable
the event of non-compliance by the Renting Party with any of the conditions
stipulated in section 1of these Terms. d) CDW and TP coverage is not
applicable in the event of the cost of repair for damage or partial theft
thereof being less than, or equal to, the franchise established in the
Authorized General Price List for each category, and in which case such cost, up
to the limit of the franchise, shall always be the responsibility of the Renting
Party. e) CDW and TP coverage is not applicable in the event of the Renting
Party not providing the corresponding documents (claim and/or Accident Report)
to the Lessor, duly completed, in a maximum period of forty-eight hours (except
in the case of force majeure), counting from the date when the incident
happened. f) When, in accordance with what is stipulated in these General
Terms, in the CDW and TP exemptions, the Renting Party is responsible for the
payment of all the repairs that shall be carried out on the Vehicle, as well as
an indemnity for the immobilization thereof. g) The rental fees shall cover
the losses and damage to the Vehicle in the event of spontaneous fire therein,
when this is not produced as a consequence of a traffic accident or of the total
or partial theft thereof, or acts of vandalism or driving without respecting the
use specifications of the type of vehicle, in which case the terms of section
4.1-b herein shall be applied. | |
7.4 FW (Franchise
Waiver) |
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a) FW is an optional service provided directly by the Lessor that
exempts the Renting Party, in subscribing thereto, from payment of the minimum
sum for which he shall be liable (franchise) for damage and/or loss caused to
the Vehicle; the amount of the franchise is established in the Authorized
General Price List. b) Should the CDW and/or the TP not be subscribed to, or
the requirement in section 7.3 , not be complied with, the FW shall not be
applicable. | |
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SECTION 8. MAINTENANCE AND
REPAIRS. |
8.1 The mechanical wear and
tear caused by the normal use of the Vehicle is the responsibility of the
Lessor. |
8.2 The Renting Party shall
regularly check the levels and fluids of the engine each 1,000 Kms. driven and
replace these as necessary . The cost of such replacement of fluids shall be the
responsibility of the Lessor, providing that the corresponding invoice is
tendered. |
8.3 The Renting Party shall not
be authorised to order repairs to the Vehicle without the express authorisation
of the Lessor. |
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SECTION 9. FUEL. |
9.1 The fuel consumed by the
Vehicle during the rental period is at the expense of the Renting
Party. |
9.2 The Renting Party shall
have to buy the appropriate class of fuel for the car. Otherwise, the Renting
Party shall be liable for the costs due for the transport and/or the repairs for
damage to the Vehicle that may arise owing to the use of unsuitable
fuel. |
9.3 The Lessor undertakes to
return the Vehicle with the same level of fuel. Otherwise, the quantity of fuel
not replaced and the service shall incur an extra charge. The amount of the
extra charge for the service is established in the Authorized General Prices
List. |
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SECTION 10. VALIDITY OF THE
CONTRACT |
10.1 Any change in the clauses
and conditions of this contract shall have to be expressed in writing, otherwise
it shall be null and void. |
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SECTION 11. APPLICABLE LEGISLATION
AND JURISDICTION. |
11.1 This contract shall be
ruled upon and interpreted according to the laws of the country where it is
signed. |
11.2 Any disputes that may
arise under this contract between the Renting Party and the Lessor shall fall
within the competence of the Courts corresponding to the area of the head office
of the rental company. |
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