By this contract,Florencio Barrera e Hijos S.L. with CIF B-29889003, (hereinafter LESSOR) and registered office at Av. Villa Rosa 41, Polígono Industrial Villa Rosa, 29004, Málaga, rents the vehicle described on the front of the Contract, to the person identified as driver and payer (in hereinafter the Client), in the terms and conditions specified below (hereinafter the Contract). By imposing his signature on the face of the Contract, the Client declares that he has read and agrees with all the terms and conditions thereof, and undertakes to comply with them.
OBJECT OF THE CONTRACT
The Client acknowledges that he receives the vehicle described in the Contract, clean and in the conditions of conservation and operation, damage, state of the fuel tank and specified auxiliary equipment, which if not referred to will be considered suitable for use.
Car rental is not necessarily linked to a specific vehicle, but to a group of similar vehicles, in terms of technical and habitability characteristics.
The Client undertakes to preserve and maintain the vehicle as well as to drive and use it in compliance with the rules of the Highway Code as well as those provided in this Contract.
MISUSE OF THE VEHICLE
The Customer will be obliged to keep the vehicle in good condition making diligent use of it, respecting the laws and regulations in force in terms of traffic, and avoiding in any case any situation that could cause damage to the vehicle or to third parties. The Client will not allow any person to drive the vehicle except those expressly authorized in the Contract. Otherwise, the Client will be directly responsible for any damage caused to the vehicle or to third parties.
- Driving the vehicle under the influence of alcoholic beverages, narcotic drugs, psychotropics, stimulants or similar substances or in states of reduced driving ability, such as fatigue or illness, or allowing anyone to drive the vehicle in such circumstances.
- Reckless driving and / or contrary to traffic regulations.
- Using the vehicle for illegal purposes.
- Allow the driving of the vehicle by anyone other than the Client himself or the additional drivers specified in the Contract.
- Use of the vehicle once the rental period is over.
- Carry more passengers than specified by the vehicle manufacturer or allowed by law, or transport animals.
- Use the vehicle to move, push or tow other vehicles, trailers or objects.
- Driving on roads or other places that, due to their poor condition, may cause damage to the vehicle.
- Participate with the vehicle in competitions, contests, trainings or resistance tests of materials, accessories or products for automobiles.
- Use gasoline or fuel of quality or characteristics different from those that correspond in the vehicle in accordance with what is indicated by the manufacturer of each type of vehicle.
- Not having the vehicle properly parked and closed when not in use.
- Leaving objects in view inside the vehicle that could be stolen with consequent damage to the vehicle.
- Dirty the car beyond what a reasonable use implies.
- Use the vehicle to load or transport merchandise of any kind, or mount a roof rack on the roof without the authorization of the lessor.
- Tampering with the vehicle’s odometer in any way.
- Take the vehicle out of Andalusia.
- Use the vehicle for public passenger transport, to teach driving courses, for courier services or delivery of goods, or dedicate it to commercial or industrial activities, or to any type of activity that involves subletting the vehicle.
RETURN OF THE VEHICLE
The return of the vehicle must take place at the place, date and time stipulated in the rental contract. The vehicle will be returned by the Customer in the same conditions in which it was delivered, together with all its documents, auxiliary equipment, tires, tools and accessories.
The lessee receives the vehicle with the fuel tank as indicated in the contract, forcing himself to return the vehicle with the same amount of fuel with which he received it. In case of not returning it with the same amount, the customer must pay the amount of the missing fuel, plus a refueling fee of € 15. Or you can prepay a full tank of fuel at the beginning of the rental, being able to return it empty, and waiving any type of reimbursement in case of non-use.
The Client may not alter any technical characteristics of the vehicle, keys, equipment, tools and / or accessories thereof, nor make any modification to its exterior and / or interior appearance. If it does so, the Client must bear all expenses.
necessary to return the car to its original state, without prejudice to the damages caused to the lessor derived from the reconditioning for the time that the vehicle had to be immobilized, as well as any others caused to the lessor.
The lessor reserves the right to terminate this contract at any time during its validity if the use of the vehicle contravenes the provisions of Clause 2.
3.1. NO RETURN OF THE VEHICLE
If the Customer returns the car on a date and time other than those established in the Contract or abandons the vehicle in a place other than that indicated in the Contract, the lessor may demand:
The stipulated price per day increased by 100% adjusting it to the real market price (without promotions or downward market prices) and according to the cost / day of the maintenance / investment of the vehicle, with a minimum of 35 euros per day of penalty-increase, based on the extra days necessary for the recovery of the car and its availability to be rented again, the costs caused by transfers, cranes, tolls, custody and custody. The lessor reserves the right to file legal actions before the competent authorities in any case of disappearance or non-return of the vehicle, the Customer assuming all responsibility for the consequences derived.
EXTENSION OF THE CONTRACT
The Customer is obliged to return the car on the date and time specified in the Contract. If the Client wishes to extend the rental, he must do so in person at one of the lessor’s offices in order to sign the extension. It will not be possible to extend any contract by phone, email or text message. If the Contract cannot be extended due to lack of availability of vehicles or for any other reason, the Client must return the car on the agreed date, time and place. When an extension is requested, the lessor may demand the signing of a new contract, the current Contract being considered to have expired at that time.
4.1 The Client expressly agrees to pay the lessor at the beginning of the rental period:
The rental charge corresponding to the time of disposal of the vehicle, according to the reserved rate.
Any other concept of application to the Client, according to the commercial and contractual conditions offered by the lessor.
4.2 As a guarantee, the details of your current credit card will be required before the start of the lease. The owner must be the person who appears as the main driver of the rental contract. The card will only be used for the purposes of responding to and meeting the obligations assumed in this contract and those that are legally enforceable according to current legislation.
4.3 The accepted means of payment are Visa or MasterCard credit card.
The cardholder will be responsible for the payment of any extra caused by the additional drivers of the contract.
It will be on the client’s account and therefore charged by the lessee:
Fines: The Client is responsible for the payment of the fines for circulation, improper parking or other infractions in which he has incurred during the rental period of the vehicle and during the time that he has had it in his possession until the effective delivery of the same. The landlord will charge the amount of € 25 (VAT included) for the management and processing costs as he is obliged to communicate to the relevant authorities the Client’s data as well as the data of the rental contract within the established legal term. This rate does not include the payment of the fine.
Loss of keys: The costs will be from € 30.
Special cleaning of the vehicle: The rental price includes a standard cleaning of the vehicle. However, in the event that the vehicle requires a special cleaning due to delivery of the vehicle in an unsuitable condition, the lessor will be obliged to charge an amount of up to € 150.
The amount or difference in the value of any spare wheel, tires, tools, accessories, documentation, keys or radio equipment that at the end of the rental is missing from the vehicle or has been replaced by another, expressly clarifying that said errors or substitutions are not covered for any insurance policy, the Client being responsible for them.
The costs of repairing damage to the vehicle in the event of an accident, when the vehicle had not been used based on the established conditions.
The Client and any authorized driver participate as insured in an Automobile Insurance Policy, a copy of which is available at the lessor’s office. This policy includes Civil Liability for damages to third parties derived from the use and circulation of the vehicle.
The spouse, ascendants, descendants and siblings of A
The tenant or authorized driver, as well as their partners and people who have the same salary or dependency relationships. Loss, theft or damage caused to goods transported in the leased vehicle are expressly excluded from the insurance guarantee.
Damage to the vehicle in the event of collision, theft, accidental fire or vandalism will also be covered as long as the following conditions are met:
That the Client notify the lessor of the incident within a maximum period of twenty-four hours, providing the necessary documentation such as: accident report duly completed and signed by both parties, data of possible witnesses, complaint to the authorities, etc.
That the insurance company does not reject the claim because it considers that the driver did not comply with the physical and mental conditions required by the Highway Code.
That the incident did not take place during the course of improper use of the vehicle (see point 2)
Damage insurance does not include in any case damage to the interior of the vehicle. Nor does it include the cost of recharging the battery, loss of key, tow truck, taxi for trips after accident, error in the type of fuel refilled, or the amount corresponding to the days the vehicle was stopped until it was repaired.
5.1. The Client undertakes to immediately inform the lessor of any loss that occurs or damage caused to the rented vehicle and to immediately transmit any letters, summons or notifications that refer to said loss and to fully collaborate with the lessor and the insurance company in the investigation and defense of any claim and process. The presentation, with a maximum delay from the occurrence of 24 hours, of the accident or damage report duly prepared by the Client will be mandatory. In particular, if an accident occurs, the Client will take the following measures:
Obtain complete data of the people who had intervened in the accident, as well as possible witnesses, sketch of the accident, as well as data of the opposite vehicle (license plate, model, insurance company, policy number whenever possible, etc).
Transmit with the greatest immediacy to the Lessor the data referred to in the previous paragraph and the other details of the accident.
Notify the authorities immediately if the guilt of the other party should be investigated or in the case of injuries.
Do not leave the vehicle without taking adequate measures to protect and safeguard it.
The age range of the main driver and additional drivers has to be between 25 and 80 years old. From 22 to 25 years old and from 80 to 85 years old can drive the vehicle with the authorization of the lessor, with an age supplement of € 5 per day. Outside these age ranges it is not possible to use the vehicle.
The Client must be in possession of a valid driving license approved in Spain and with a minimum of two years old.
All Clients and / or authorized drivers will be jointly and severally liable for all the Client’s obligations arising from the Contract and the laws applicable to it.
CHAIRS AND ELEVATORS APPROVED FOR CHILDREN
The Client must notify the lessor. the need to use a mandatory restraint device approved for children under three years of age or older who do not exceed a height of 150 centimeters. The Customer is in any case responsible for the installation of the device. In any case, the lessor will be free from all possible liability derived from personal or material damages that occur as a result of the Client’s breach of the obligation to use the mandatory retention device, or its installation, or incorrect use by the Client and of any possible manufacturing defect of the aforementioned device.
It will be essential to obtain the prior authorization of the Lessor to carry out any repair.
RIGHT OF CANCELLATION OF THE LESSOR
The lessor reserves the right to terminate the Contract in advance, with immediate effect and without any compensation in this regard to the client in the following cases:
At the time of receiving information that puts the Client’s financial solvency in serious doubt.
It is proven that the Client is in breach of the Contract.
The Client misuses the vehicle.
Due to force majeure.
CANCELLATION BY THE CLIENT
Free cancellation up to 24 hours before your arrival. Total payment of the reservation in case of not notification of the cancellation via email.
17.1 For the resolution of any questions or controversies that may arise from this contract, the lessee does NOT submit to the jurisdiction of the Transport Arbitration Boards in accordance with the provisions of article 38.1 of Law 16 /
1987 of July 30, on Land Transport Planning. 17.2 This contract will be governed and interpreted in accordance with Spanish law, the lessor declares his intention to resolve any difference amicably. If this is not possible, any divergence that may arise between the landlord and the client will be submitted to the jurisdiction of the place where the rental began. The client may submit any complaint or claim at the following address:
Av. Villa Rosa 41, Polígono Villa Rosa, 29004, Málaga.
The translations of these general conditions are merely informative and are not legally binding in all the detail of their wording, the only valid version in Spanish being valid.
In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you about the incorporation of your personal data to a file owned by Leamincar Andalucía 98, S.L. In order to facilitate the provision of the vehicle rental and / or sale service.
Likewise, we inform you that the landlord. has adopted technical and organizational measures that guarantee the security of personal data and prevent its alteration, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored and the risks involved. exposed, all in accordance with the provisions of Royal Decree 1720/2007, of December 21, which approves the regulations for the development of the Organic Law on Data Protection.
In the event that you do not wish to receive commercial communications from our company, or to exercise your right of access, rectification, cancellation and opposition of your data at any time, you may do so by notifying the landlord at the email firstname.lastname@example.org