GENERAL CONDITIONS
The rights and obligations contained in this rental contract govern the use of the vehicle for the client and are not transferable by the client. The client is only authorized to use the vehicle under the terms and conditions of this rental contract.
1.1 .COSTALUZ CAR SERVICES SL (hereinafter Albitana Rent a Car, Albitana or the company) delivers the vehicle in good general condition (mechanical, exterior and cleaning), having passed the internal controls, with the necessary documentation, tools and accessories included and with all tires, including the spare or repair kit, in good condition. It is the responsibility of the client (or primary tenant and rent payer) to read and understand this contract before signing it. By formalizing the contract, the client accepts the terms of the rental contract and agrees to receive the vehicle in the conditions in which it has been described.
1.2. Albitana Rent a Car may install position tracking devices in its vehicles, without express knowledge on the part of the client, with the sole purpose of safeguarding its fleet.
1.3. It is expressly prohibited, by way of example and not exhaustive, with penalty of losing all rights:
1.3.1 Driving the vehicle by persons not expressly authorized by Albitana Rent a Car. Any driver authorized by the company to drive the vehicle during the duration of the contract must appear on the front.
1.3.2 Use the vehicle to transport goods. Including the transport of substances or objects that, due to their condition or emissions, may damage the vehicle and/or delay its subsequent availability for future rental.
1.3.3 Use the vehicle to transport passengers.
1.3.4 Use the vehicle to tow or push other vehicles or objects.
1.3.5 Participate with the vehicle in races, contests or challenges.
1.3.6 Driving the vehicle under the influence of alcohol, drugs or any substance that impairs the person's capabilities.
1.3.7 Driving the vehicle while exhausted, under medication that advises against doing so, or with physical conditions that affect your consciousness or ability to react.
1.3.8 Traveling with a greater number of people than permitted by law for the type of vehicle rented.
1.3.9 Driving in violation of Safety and Traffic regulations.
1.3.10 Use the vehicle as a driving learning car.
1.3.11 Driving outside the national territory of the Iberian Peninsula unless expressly authorized by Albitana Rent a Car, in which case, it will entail the economic costs that the client is aware of. Penalty €120 / day + €1.20 per km. route.
1.3.12 Transfer vehicles rented on the Peninsula to the Islands or vice versa.
1.3.13 Any negligent or malicious conduct.
1.3.14 Any illegal purpose.
1.4 The client must be in possession of the corresponding driving license, valid in the EU, in force and with a minimum age of one year. At the same time, the minimum age of the client will be 21 years, on the date of rental, except for family and special category vehicles in which the minimum age will be 25 years. Any additional driver must meet the same age and seniority standards of the driving license, as well as the validity and validity, described above.
1.5 The client (main driver and lessee) must be the payer of the rental contract, and Albitana Rent a Car does not accept any other different situation between payer and driver or main lessee.
1.6 Failure by the client, or any of the additional drivers, to comply with the obligations contained in this contract will imply its termination, leaving the deposits and benefits delivered on account to the benefit of the company, without prejudice to compensation for damages, expenses and/or lost profits that Albitana could claim.
1.7 The contract holder is the only person authorized by the company to make vehicle changes, extensions and/or renewals of the contract. To carry out one of these actions, it is necessary for the contract holder to go to one of the offices with the rented vehicle.
1.8 The client must take care of the vehicle, ensure that it is closed, with the windows closed, the hand brake activated and parked in a safe place when not in use. You must use any safety devices provided to you. The customer must store any removable radio and/or GPS in a safe place when the vehicle is not occupied. The customer must use the seat belt and child restraint devices appropriately.
1.9 The vehicle must be returned on the date, time and office indicated on the front. If for any reason the return of the same is not carried out in this way, the tooth would be responsible for the vehicle until the company has access to it, as well as the costs, penalties, fees, and/or damages not covered until recovery. vehicle.
- CAUTION
2.1 At the time of signing the contract, the client will pay the rental amount plus the amount, if applicable, determined by the current rate as a deposit, an amount that will be returned within a period of 72 hours from the closing of the contract as long as It does not have to be used to face any extraordinary charge produced by the client. This payment must be made using a physical VISA or Master Card credit card.
2.2 As stated on the front, the client authorizes by signing this contract and its conditions that all charges derived from the rental be charged to the credit card account that has been provided as a means of payment.
2.3 The client agrees not to cancel the credit card or return charges made to it by the company that are caused by the rental contract or its violation.
2.4 If the client does not pay any of the charges due to the company according to this rental contract within the duration of this contract, the company reserves the right to legally claim the debt.
- RETURN OF THE VEHICLE
3.1 The client will return the rented vehicle at the place and on the dates stipulated on the front and undertake to keep the vehicle, its equipment and tools in perfect working order. Any alteration must be previously authorized by the company. Failure to comply with this condition entitles the company to judicially or police request the return and, where appropriate, a claim for compensation for the amount of each day of delay in the delivery of the vehicle from the scheduled end date of the contract according to the applied rate. in the same plus a penalty of €40.00 for each day of delay. In addition, the company may claim from the client all the expenses incurred in recovering the vehicle outside the contracted period, from the indicated place, and for any damage that may have occurred to it. Likewise, from the date scheduled for the end of the contract, the client loses all the guarantees and coverage offered in the rental, even if the client had contacted the company but had not formalized, with his signature, the new contract conditions.
3.2 The company is fully authorized to remove the client's vehicle at any time, provided that the period contracted by the lessee has elapsed without the vehicle being returned or there has been a violation of the agreed conditions by the client.
3.3 With prior authorization from Albitana Rent a Car, the client may return the vehicle to a location other than Albitana's own offices. In this case, the client is obliged to park the vehicle in a legally authorized parking location, without restrictions or limitations. of any type, whether hourly or economic, with the contract holder being responsible for any costs derived from non-compliance with this point (parking charges, tow trucks, deposits, fines or sanctions).
- RENTAL CHARGES
4.1 The client agrees to pay, by way of example and not exhaustive, to the company:
4.1.1 Charges for vehicle rental, deposits, delivery and collection, insurance, fuel and taxes determined at the current rate.
4.1.2 And the amount of repair for damage caused to the vehicle, in the event of an accident or negligent breakdown, when the circumstances described in section 1 or 5 of these general conditions occur or when it is demonstrated that the damage or breakdown has been due to manifest incompetence or poor treatment given to the vehicle by the client and/or drivers authorized in the contract.
4.1.3 Traffic fines, expenses of any kind or condition caused by violations of the current legislation of the traffic code, any parking charges including costs and penalties for parking in zones with time or rotation limitations.
4.1.4 The cost of the lack of any tool, tires, keys or other accessories of the rented vehicle, as well as the expenses caused by the assistance of the vehicle and the transfer of people for any of these reasons.
4.1.5 Extraordinary cleaning of the vehicle, including but not limited to: that due to animal hair, sand, stains on upholstery or carpet, food remains or liquids.
4.1.6 The days of paralysis of the vehicle due to an accident, breakdown or retention of the same by public bodies or any event derived from a conduct of the client that violates the provisions of this contract at the rate of the rate applied in the contract plus a penalty of €40.00 per day.
4.1.7 In the event that after the completion and settlement of the rental an amount remains pending in favor of the client, this will be returned using the same payment method with which the client made the initial payment.
- The company will not be responsible for any delay or delay as a result of this transfer by banking or credit entities.
- The company will not be responsible for any differences in amounts that may arise as a result of the application by banking or credit entities of a different currency exchange at the time of collection and return.
4.1.8 The minimum rental charge includes one day's rental (which includes 24 hours from the moment the contract begins).
4.1.9 The company's rental rates may vary between different offices, therefore the company has the right not to accept deliveries to one office if the reservation was scheduled for another office. In these cases, the company may accept the delivery by adding an extra charge as a “change of base” to the initial expected price. Any rental that begins and ends in different offices will carry an additional charge to be paid by the client as a “change of base”.
5 INSURANCE, LIABILITY AND ACCIDENTS
5.1 The client will be solely responsible and must be liable for sanctions, fines, tolls or other consequences of the violation of traffic regulations as well as lawsuits incurred for the same and/or unauthorized conditions, as well as the resulting legal expenses. If the company is required to pay such penalties, the client accepts that the company will charge the corresponding amount with a 10% surcharge for the expenses derived from the management of these matters. The company, at the request of the client, must provide a copy of any traffic notification that has been paid by the company in the event of non-payment by the sanctioned client.
5.2 The company is exempt from liability arising from accidents, even if it is due to a breakage of mechanical parts.
5.3 Only drivers expressly accepted by the company have insured status and are covered with mandatory insurance. All drivers authorized to drive must be listed on the front of the contract.
5.4 The client's civil liability with respect to damage caused to the rented vehicle is fully covered in cases of fire and theft (excluding cases of negligence or malicious intent) and limited in the event of an accident according to the current rate and group of rented vehicle ( except if some of the previous conditions are violated).
5.5 In the event of theft of the vehicle, the lessee is obliged to file a report with the police and deliver a report to the company within 24 hours of the event occurring.
5.6 If the vehicle is stolen due to a negligent or malicious attitude of the client, any of the additional drivers or third parties not expressly authorized by the company, the client will be fully responsible for the vehicle (damages caused and expenses generated by its recovery; if it appears) as well as paying the total value of the vehicle to the company.
5.7 The days of vehicle downtime (see section 4.1.6) are not covered by the insurance and will be billed at the rate applied in the contract plus a penalty of €40.00 per day.
5.8 In the event of an accident, damage, vehicle theft or fire, even partial, the lessee undertakes without penalty of losing insurance rights to:
5.8.1 Communicate it within a maximum period of 24 hours from when it occurred to the company.
5.8.2 Obtain data from the opposing party and possible witnesses by completing it in a report that will be sent to the company within 48 hours of the accident occurring, stating the circumstances, place, date and time of the incident, as well as providing how much additional information if relevant: photos, plans, etc.
5.8.3 Immediately notify the authorities if the other party's guilt needs to be investigated, or if people are injured. As well as, notify through a report any criminal act related to the vehicle.
5.8.4 Not recognizing or prejudging responsibility for the event.
5.8.5 Do not abandon the vehicle without the necessary measures to protect it.
5.9 The insurance does not cover, but is not limited to:
5.9.1 Damage caused under the influence of alcohol, drugs or any substance or condition that impairs the driver's physical capacity.
5.9.2 Drivers who are not in possession of driving licenses, or, being in possession of one, are not registered on this front as an authorized driver.
5.9.3 Damage caused to roads, tracks or unpaved roads. Broken glass, loss or breakage of tires and/or hubcaps, tire damage, punctures, and clutch damage. Unless contracting the corresponding additional coverage. Even if you have contracted the extra that covers damage to glass, negligent breakage of glass will never be covered, whatever the reason for it.
5.9.4 The damage suffered by the vehicle to its underside, regardless of the type of road on which it circulates.
5.9.5 Damage caused outside the period of validity of the contract.
5.9.6 Damage caused by objects transported inside the vehicle.
5.9.7 Damage caused to the interior of the vehicle that cannot be attributed to normal wear and tear due to its use. By way of example and not exhaustive, burns on dashboards or seats, breaks in parts of the dashboard, headliner, carpets...
5.9.8 Damage caused to the roof of the vehicle, whether caused by incorrectly evaluating the height, or resulting from objects placed or hanging above the vehicle hitting the vehicle or resulting from vandalism.
5.9.9 The company declines all responsibility for accidents or property damage caused by the rental vehicle if the renter has deliberately provided the company with inaccurate information regarding his or her identity, address or validity of his or her driving license.
5.9.10 The costs of obtaining a duplicate of the keys and/or sending a set of keys to the corresponding office or address or any other situation in which the vehicle is paralyzed for reasons attributable to the lessee. Likewise, it does not cover the costs of assistance, either for the vehicle or for people, resulting from the loss, theft or deterioration (not attributable to normal use) of the vehicle keys. The company may charge the client for days of vehicle downtime that occur outside the rental period at the rate applied in the contract plus a penalty of €40.00 for each day.
5.9.11 Errors in refueling the vehicle and expenses involved in both its repair and transportation, as well as the transportation of people resulting from the incident.
5.9.12 The costs of assistance to the vehicle or the costs of transferring people, whatever the reason for the same, if the vehicle is not on a paved road or access to the place where it is located cannot be made by a paved road.
5.9.13 The costs of vehicle assistance caused by having to tow it to get out of a blockage in mud, sand or similar. Likewise, vehicle assistance costs for having parked in an area not authorized for this are not covered either.
5.9.14 In general, any breakdown and/or damage caused by the driver's negligence, damage to the underbody, damage to the roof, damage to the interior or damage caused by not following the manufacturer's instructions or those caused by not respecting the warning indicators of the on-board instruments (by way of example and not exhaustive; temperature gauge, stop alert...) Errors in fuel, engine seizures and water ingress (inside the vehicle or in the mechanics) will be the full responsibility of the client, as well as punctures, damage to wheels, rims and hubcaps. Likewise, all assistance costs, both for the vehicle and for people, arising from any circumstance described above, will be borne by the client.
5.9.15 Loss or theft of vehicle equipment. By way of example and not exhaustive: radio, tray, hubcaps, triangles and/or emergency signs.
5.9.16 The objects transported by the client inside the vehicle in case of fire or theft, the company is not responsible for the objects forgotten by the client in the vehicle nor will it cover in any way the cost of loss or damage that could occur or occur in those objects.
5.9.17 In general, all events caused by contravention of the provisions of this contract or legislation or due to fault, theft or negligence.
6 JURISDICTION. For any disagreement that may arise between the client and the company derived from the execution of this contract, the parties expressly submit, and with express waiver of any other jurisdiction that may apply, to the jurisdiction of the courts and tribunals of the company ( COSTALUZ CAR SERVICES, SL)