GENERAL CONDITIONS.

By means of this document, the lessor delivers to the lessee, as a rental, the vehicle described in the Special Conditions of this contract, in perfect working order and condition, with all its parts and accessories.

1.- USE OF THE VEHICLE:

• The lessee undertakes to use the vehicle with diligence and care, complying with the rules of the Highway Code and other Road Safety regulations, as well as each and every one of the obligations acquired in this contract.
• Only the lessee and the additional drivers listed in the particular conditions are authorized to drive the vehicle, provided that such persons are over 25 years of age and have held a driver’s license for at least 2 years.
• Documentation to be provided by the lessee: ID CARD, PASSPORT, DRIVER’S CARD LEGALLY VALID IN SPAIN AND CREDIT CARD (A COPY WILL BE MADE).
  In the event that the lessor does not provide such documentation, the lessor shall be entitled to cancel the reservation, not delivering the vehicle to the lessee, regardless of whether the lessee has paid the rental price, which will remain in the possession of the lessor.
• The Hirer shall be obliged to return the vehicle to the Rental Firm at the place, date and time stipulated in the specific conditions of this contract.
  This contract shall only be considered as terminated when the Hirer has delivered the vehicle to the Rental Firm at the agreed place.
  The Hirer undertakes to keep the vehicle locked when not in use and to keep the vehicle’s documents inside the vehicle.
• The lessee undertakes to stop and immobilize the vehicle when he/she detects any anomaly in its operation or any warning light comes on, and must immediately contact the lessor or the roadside assistance company contracted by the lessor.
• The FUEL consumed by the vehicle during the rental period shall be at the Renter’s expense.
  The lessee must return the vehicle with the same level of fuel that the vehicle had at the time of its delivery by the lessor, since in the event that the vehicle is not returned with the same level of fuel the Lessor is empowered and authorized to charge from the deposit the amount of fuel necessary for its replacement to the level it had at the time of delivery, as well as a service charge for refueling, amounting to € 35.
  In the event that the lessee returns the vehicle with a higher level of fuel than at the time of delivery, the lessor will not pay the excess fuel.
• MILEAGE LIMIT:
  1 to 3 days: 350 km/day
  4 to 6 days: 250 km/day
  7 to 14 days: 150km/day
  More than 15 days: 100km/day
• VEHICLE MOBILITY LIMITATION: ONLY IN THE PENINSULA (NATIONAL TERRITORY).
  Gibraltar and Portugal, you must request authorization and will have an additional cost of 10€/day.

2.- PROHIBITIONS: It is expressly forbidden to the lessee:

• Pushing or towing the vehicle or any object, whether rolling or not
• Participate in competitions, official or not.
• The transportation of persons and goods for commercial or industrial purposes.
• Driving the vehicle under the influence of alcohol, drugs or narcotic substances.
• Transportation of a number of persons or amount of luggage greater than the number of persons or amount of luggage authorized and indicated in the Technical Inspection Card of the vehicle.
• Smoking inside the vehicle
• Driving on roads that are not suitable for traffic, unpaved roads and in restricted areas.
• Driving the vehicle outside the Peninsula/Spain (Portugal and Gibraltar must request authorization and pay 10€/day).
• Renter shall not assign, lease, pledge, sell or mortgage the vehicle or any part or accessory thereof.
• Manipulate the elements of the vehicle, mechanical or not, without the express written authorization of the lessor.
• Vary any technical feature of the vehicle, equipment or exterior and/or interior appearance, and shall bear the cost of reconditioning.
• Using or allowing third parties to use the rented vehicle as a means or instrument for the commission of crimes or actions punishable, prohibited or sanctioned by law, as well as the aid of criminals or the protection, aid or shelter of objects originating from crimes.
• The judicial deposit of the vehicle as a consequence of the commission by the lessee or his companions of a crime or administrative infraction.
• Do not make any modifications to the structure or mount roof rack or luggage/goods on the roof Do not tamper with the odometer and do not inform the lessor of any damage to the odometer.
• Driving the vehicle in a negligent and grossly reckless manner that causes or objectively could cause an accident.
  Failure to comply with these prohibitions by the lessee will result in the automatic termination of the contract and the total loss of the deposit, regardless of whether the lessee has taken out additional insurance, and must in any case pay for any damages caused and whose amount exceeds the amount of the deposit, authorizing the lessor to charge said amount to the credit card.

3.- DURATION OF THE CONTRACT AND RETURN OF THE VEHICLE:

• The duration of this contract is that agreed in the particular conditions.
  At the end of the contract, if the lessee intends to extend the term of the lease of the vehicle, he must notify the lessor at least 24 hours before the end of the contract, and must obtain the express authorization of the lessor, and in such case, pay the amount corresponding to the days of extension of the term of duration.
• The vehicle shall be returned at the place, date and time stipulated in the particular conditions.
  Any alteration in the place of delivery, date and time must be previously communicated and authorized by the lessor.
• DELIVERY AND PICK-UP HOURS:
  Every day of the week from 9:00 am to 9:00 pm.
  Deliveries and pick-ups from 9:00 pm to 11:00 pm and from 7:00 am to 9:00 am, will incur an additional cost of 20€ per service. Deliveries and pick-ups between 23:00 to 7:00 hours, will incur an additional cost of 40 € per service.
• If 24 hours have elapsed from the day indicated for return without the Lessee having returned the vehicle, the Lessor is authorized to remove the vehicle and take possession of it if it is found and, failing that, to initiate legal proceedings and file a complaint for misappropriation, theft or robbery, as appropriate.
• All costs involved in retrieving the vehicle, including downtime, shall be for the Hirer’s account and risk. After 30 minutes from the end of the contract without the Hirer having returned the vehicle, the Rental Firm is entitled to charge the Hirer as an additional cost to the daily price of a vehicle corresponding to the rented segment .

CANCELLATION POLICY: The cancellation of the reservation will have no additional charge as long as it is made 48 hours prior to the date of delivery, otherwise the lessee must pay 100% of the amount of the reservation.

5.- PRICE AND OTHER CHARGES ACCRUING TO THE HIRER: The Hirer undertakes to pay to the Rental Firm the price agreed in the specific conditions for the vehicle rental and applicable taxes in force, the deposit, as well as the payment of the expenses caused by the loss of documents, tools and accessories of the vehicle, as well as all kinds of fines and legal expenses caused by traffic offences or infringements of laws related to the use of the vehicle.
Likewise, the lessee expressly authorizes the lessor to debit the credit card provided with all the expenses corresponding to the aforementioned charges.

INSURANCE: The insurance taken out by the lessor insures the lessee and the driver authorized in this contract, covering their civil liability against third parties and any legal defense that may be required of them.

The insurance does not cover in any way, even if you have contracted an all risk insurance, the following damages:

• Damage caused to the driver or his companions.
• Damage caused to the insured vehicle by luggage, goods or objects transported in the vehicle
• Driver not in possession of a valid driver’s license and under the influence of drugs and alcohol.
• Theft, loss or damage of goods transported in the vehicle.
• Punctures, damage to tires, rims, steering system and undercarriage that are not the result of normal wear and tear and are caused by improper use of the rented vehicle.
• Paralysis or immobilization of the vehicle by the competent authorities.
• Damage to upholstery, dashboard, seats and carpets not resulting from normal use.
• Refueling error
• Damage sustained by the vehicle in the cases of prohibition contemplated in stipulation 2 and in cases of carelessness, gross negligence or recklessness in driving. In the event that the lessee has taken out comprehensive insurance, he/she authorizes the lessor to charge the amount of the aforementioned damages to his/her credit or debit card, prior notification of the amount of the damages.

7.-ACCIDENTS

In case of accident or criminal act committed against the vehicle, the lessee is obliged to:

• Immediately inform the lessor of any incident related to the leased vehicle.
• Immediately notify the authorities.
• Obtain complete data from the opposing party, filling out the form provided with the vehicle documentation, which will be sent urgently to the lessor, as well as the existence of possible witnesses.
• Not acknowledging or prejudging responsibility for the act.
• Do not leave the vehicle without taking adequate measures to protect it against further damage and in any case wait for the assistance of the technical service.

In the event that the lessee breaches any of these obligations, the lessor may charge to the deposit the amount of the damages that such breach has caused to the lessor.

8.-WARNINGS AND REPAIRS

The Hirer must inform the Rental Firm of any loss, damage or breakdown of the vehicle and in the event that such damage or breakdown prevents the vehicle from being driven safely, the vehicle must not be used until the damage or breakdown has been repaired.
Mechanical wear and tear due to normal use of the vehicle is assumed by the lessor, however, the lessee will not be reimbursed for any expenses for repairs to the vehicle that have not been expressly authorized by the lessor.

9.- ROADSIDE ASSISTANCE AND REPLACEMENT VEHICLE:

If the lessee has not taken out additional insurance, he/she will have to pay the amount of the assistance or transfer in any circumstance.
If the lessee has contracted an additional insurance and has not committed any negligence or imprudence that leaves out of coverage the additional insurance, the assistance and transfer service will be included free of charge within the territory of the Autonomous Community of Andalusia.
If the vehicle is outside Andalusia, the additional costs of assistance for being outside the limit of km, will have to be assumed by the lessee, even if the additional insurance is contracted.
A replacement vehicle will be provided to the lessee when the leased vehicle suffers any damage not attributable to it that prevents its circulation in accordance with current legislation.
In the event that the Hirer has taken out additional insurance, the replacement vehicle shall be provided if the damage to the vehicle prevents it from being driven in accordance with the legislation in force.
When a replacement vehicle has to be provided, it will have to be within the business hours from 09:00 to 21:00 and always in our facilities.
If the lessee has not contracted additional insurance, he/she will have to pay the amount of the assistance or transfer in any circumstance.
If the renter has contracted an additional insurance and has not committed any negligence that is out of coverage; will have included the service of assistance and free transfer within Andalusia.
In the case of providing a replacement vehicle, it will have to be at the renter’s premises and within the business hours from 9:00 to 21:00.
A commercial management of taking another vehicle to where the lessor is located may be applied as long as it is feasible, within the territory of Andalusia, within the established schedule and does not interfere with the work schedule of the lessor.
These limitations in the assistance are due to the local character of the lessor whose only head office is in Malaga city.

10.-PERSONAL DATA

In accordance with the provisions of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the lessee authorizes the lessor that the personal data contained in this contract may be incorporated into an automated file for the purpose of providing and offering our services and promotions, granting 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 addressed to the effect of the address of our company.
The data collected will not be transferred to other persons, companies or organizations.

11.-JURISDICTION:

For any controversy arising from the interpretation or application of this contract, the competent judge shall be the place of performance of the obligation.

12.- BOND AND DEPOSIT:

The lessee undertakes to deliver to the lessor at the time of signing the contract a deposit, for the amount indicated in the Special Conditions, in order to cover the excess, as well as any expenses, charges and penalties to be assumed by the lessee during the term of the rental in accordance with this contract, damages to the vehicle or to the extras contracted for which the renter is responsible and which are not insured by means of all risks insurance contracted directly with the lessor, as well as the fuel refueling error in case the renter does not return the vehicle with the same level of fuel as it had at the time of delivery.

If the deposit is not paid at the time of signing the lease contract, the vehicle will not be delivered to the lessee, and the lessor will keep the amount paid by the lessee.

The deposit must be paid by credit card.

• The credit card holder must be the primary driver and have sufficient funds.
• The lessee must confirm at the time of booking that his credit card is accepted by the lessor for payment of the deposit, and must contact the lessor to that effect.
• In order to proceed with the payment of the deposit, the lessee expressly authorizes the lessor to proceed with the blocking of the amount on the credit card, without it being paid into the lessor’s account.
• The credit card withholding shall be released (within a maximum period of 15 days) once the vehicle has been returned to the lessor on the day, place and time agreed upon in the Special Conditions, and the vehicle and its extras must be in the same condition and with the same level of fuel as when it was delivered to the lessee, and the bank receipt of the order to return the deposit or, if applicable, of the release of the withholding on the debit or credit card, when it has been made, shall be provided.

The deposit cannot be paid by debit card.
In the event that the lessee at the time of signing the contract provides a debit card and not a credit card, for the delivery of the vehicle, he/she must take out comprehensive insurance with the lessor.

13.- ADDITIONAL COSTS AND EXTRAS:

DELIVERY AND PICK-UP SCHEDULES:

Deliveries and pick-ups from 21:00 to 00:00 and from 7:00 to 9:00 hours, will incur an additional cost of 20€ per service.
Deliveries and pick-ups outside the above mentioned hours will incur an additional cost of 40€ per service. >

– MILEAGE LIMIT: 0,20 € per km that exceeds the limit:

1 to 3 days: 350 km/day
4 to 6 days: 250 km/day
7 to 14 days: 150km/day
More than 15 days: 100km/day

– ADDITIONAL DRIVER: The hiring of an additional driver other than the main driver will cost 7€/day, with a minimum amount of 21.-€ and a maximum of 84.-€. This extra driver must be paid daily for the entire duration of the rental contract.

– BABY SEAT: 5€/DAY MAXIMUM PER BABY SEAT AND RENTAL CONTRACT.
THE LESSOR IS ONLY OBLIGED TO PROVIDE THE SEAT AS AN EXTRA, WHICH MUST BE INSTALLED BY THE LESSEE, THE LESSOR NOT BEING RESPONSIBLE FOR THE INSTALLATION OF THIS EXTRA. Said extra shall be paid daily during the entire duration of the rental contract.

– GPS DEVICE: 8€/day.
This extra must be paid daily for the duration of the lease.

– MOBILITY OF THE VEHICLE: ONLY IN THE PENINSULA (NATIONAL TERRITORY).
Gibraltar and Portugal, you must request authorization and will have an additional cost of 10€/day.

– ASSISTANCE: 200€ per transfer (Excluded if you pay the additional insurance and the assistance is within Andalusia).

– DAMAGE INSURANCE: THIRD PARTY.
COMPULSORY EXCESS IF NO ADDITIONAL INSURANCE IS TAKEN OUT

– TRAFFIC FINE MANAGEMENT: 42€ per fine (this payment is not excluded if you take out additional insurance)

– ACCIDENT MANAGEMENT FEE: In the event that the vehicle suffers an accident, the lessee will have to pay 42.-€

– DELAYS IN THE RETURN OF THE VEHICLE: CAUSED BY LOSS OF KEYS, VEHICLE IMMOBILIZATION BY THE COMPETENT AUTHORITY DUE TO VIOLATION BY THE CUSTOMER. 35€/DAY PER DELAY, NOT INCLUDING TOLL, TOWING AND STORAGE/CUSTODY COSTS, AS WELL AS FINES.

– FUEL: YOU WILL HAVE TO RETURN THE VEHICLE WITH THE SAME AMOUNT OF FUEL THAT WAS IN THE TANK WHEN IT WAS DELIVERED BY THE LESSOR.
20.-, irrespective of the amount of fuel necessary for its replenishment to the level it had at the time of delivery.
In the event that the lessee returns the vehicle with a higher level of fuel than at the time of delivery, the lessor will not pay the excess fuel.

– FUEL ERROR: In the event that the lessee refuels with the wrong fuel: 500.-€ (in the event that the engine is not started after refueling) and 1000.-€ (in case the engine is started and the vehicle is driven after refueling) (this payment is not excluded if additional insurance is taken out).

– EXPENSES FOR LOSS OF DOCUMENTS AND VEHICLE KEYS: According to damage cost table* (this payment is not excluded if additional insurance is taken out).

– CLEANING OF THE VEHICLE: IF IT IS DELIVERED IN A CONDITION THAT NEEDS AN INTENSIVE DEEP CLEANING, IT WILL HAVE A COST STARTING AT 50.-€ UP TO 150€ FOR SPECIAL CLEANING

– EXPENSES INCURRED BY DAMAGE TO TIRES, TYRES (PUNCTURES AND BREAKAGE): To be borne by the Hirer.
It is excluded if he pays the additional insurance covering such damage provided that the damage is not caused by a negligent and reckless attitude of the lessee and derived from the breach by the latter of the prohibitions provided in Stipulation 2 of this contract.

– TOOLS (LOST OR BROKEN): To be paid by the Hirer.
This payment is not excluded if additional insurance is taken out.

– LAMPS and REARWARDS: Damages shall be borne by the lessee.
This payment is not excluded if additional insurance is taken out.

– ACCESSORIES, VEHICLE INTERIOR, FUEL ERROR: To be paid by the lessee.
This payment is not excluded if additional insurance is taken out).

– CARRIAGE DAMAGE: To be borne by the lessee.
Excluded if additional insurance is paid.
Paint damage – 300.-€ for each body part to be repaired .
400.-€ for each body part to be paid for.

– ALL RISK INSURANCE: 19.-€/day, being the minimum amount 57. In the event that the lessee has contracted an all risk insurance, he/she authorizes the lessor to charge to his/her credit or debit card the amount of the damages not covered in accordance with the terms of this contract:

• Punctures, damage to tires, rims, steering system and undercarriage that are not the result of normal wear and tear and are caused by improper and negligent use of the rented vehicle.
• Damage to upholstery, dashboard, seats and carpets not resulting from normal use.
• Moons
• Refueling error
• Damages suffered by the vehicle in the cases of prohibition contemplated in stipulation 2 and in cases of carelessness, gross negligence or recklessness in driving, in accordance with the following: TABLE OF THE COST OF DAMAGES ACCORDING TO VEHICLE CATEGORY:.