Contractual terms and conditions

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    1. Contractual Conditions

    General hiring conditions for Vehicle rental in Samelar Main S.L.U. with the Commercial Name hello! Rentacar, on the premises and after business hours (Monday to Friday from 09:00 to 13:30 and from 16:00 to 19:30, Saturdays from 09:30 to 12:30 hours from January to June 15) from ( June 15 to September 15 from Monday to Friday from 08:30 to 13:30 and from 16:00 to 20:00 on Saturdays from 09:00 to 13:00, Sundays from 10:00 to 12:00), service Delivery of confirmed and paid reservations must be previously notified and authorized by THE LESSOR, and the corresponding charge will be billed according to the place and time, and in no case will vehicles be delivered or picked up abroad, nor outside the region ​​of peninsular Spain without the written authorisation by the Lessor.

    1. Terms and Conditions

    2.2. The rental vehicle is delivered in perfect conditions for operation and use, declaring the lessee to have examined it to his satisfaction, in all its elements, including engine, steering, exterior body, interior including the upholstery, brakes and tires, so he or she declares expressly that no responsibility rests with the leasing company for any accident, inconvenience, delay or difficulty that may arise as a user of said vehicle, itself or its occupants. At the time of delivery (rental contract), the Lessee must sign the document of receipt of the vehicle which specifies the status of said vehicle.  

    2.3. THE LESSOR, will not be responsible for any omission or delay in the delivery of vehicles that is attributable to the supplier or manufacturer.

    2.4. THE LESSEE, will keep the vehicle in good condition, both internally and externally, in accordance with legal regulations and the manufacturer´s instructions for its use and circulation, make any mandatory or corrective maintenance of the vehicle, and commits to  perfectly control the correct functioning of the vehicle odometer. In addition, when the rental agreement is for longer than one month, it will necessary to pass the ITV (Spanish roadworthiness test) in the period defined by the law.

    2.5. The fact that a vehicle cannot be used for any reason not attributable to THE LESSOR, cannot be invoked by the Lessee as a reason for not fulfilling their contractual and payment obligations.

    2.6. THE LESSOR will be responsible for the administration of all normal expenses related to maintenance, including oil, lubricants and liquids changes, spare parts and labour, in accordance with the manufacturer´s recommended procedures and upon requesting authorisation by calling the telephone number indicated in the obverse. Tyre changes will be made according to the manufacturer´s instructions and without such guidance not before 40,000 km., with the LESSOR not assuming changes prior to these specifications or penalties derived for this reason. Changes prior to these indications, will be to the responsibility and charge of the Lessee.

    2.7.  In general, and upon request for authorisation by calling the telephone number indicated on the front of this contract (obverse), THE LESSOR will be responsible for both repairs resulting from technical failures or wear and tear of normal use of the vehicle, as well as those damages by accident within the conditions of coverage contracted with the corresponding insurance companies, included in the current price rate in the office of the Rental Agency.

    2.8. It is expressly agreed that costs for washing and waxing, parking, the replacement of carpets or floor mats or the maintenance and repair of accessories that have been installed by the Lessee as well as all the subjects are expressly agreed upon regarding exclusion and prohibition in clauses No. 4.2; 6.3; and 7 will be the responsibility of the Lessee.

    2.9. The Lessee will return the vehicle, with the keys, together with all its tyres, wheels, vehicle documentation (vehicle inspection and technical data sheet, insurance policy and manufacturer´s instruction manuals), tools that came with the vehicle, accessories and equipment. At the time of the return of the vehicle, the Lessee, must sign the vehicle return document in which the status of said vehicle will be specified. In the case of absence of a natural person by the Lessee, the latter will accept as valid the verification carried out by THE LESSOR and recorded in the aforementioned return document. All missing items will be charged to the Lessee according to the manufacturer´s price list and € 100 in the case of loss of vehicle documentation. 

    2.10.-  The driver of the vehicle must at all times be the person who has signed the car hire rental agreement contract, or who has been designated as a regular driver and must be over 21 years of age and have a driving license (Groups A, 1) at least two years old and at least 23 years with three years of license seniority for the rest of the groups and models indicated in the current price rates at all times. In the event that the Lessee leaves the vehicle to another person, the Lessee shall be liable for all damages or losses caused by said person, having the OBLIGATION to inform the LESSOR of the change of driver and physically visit the car hire office so that said addition driver can sign in the annex to the initial rental agreement or the new rental agreement. 

    1. RATES, LIQUIDATION AND PAYMENT

    3.1. The rental price will be in Euros (€) and has been set according to the rates in effect at the time in each of the Lessor´s offices, without including VAT or fuel, or deductibles (in the case of acquiring 100 per cent  insurance with excess, a deposit for insurance deductible will not be necessary), and whose payment corresponds to the Lessee.

    3.2.  THE LESSOR may request of the lessee, as a provision of funds, an amount that covers the minimum cost of the car hire rental based on time, mileage, deductibles, additional coverages and services provided with a money deposit that covers possible incidents or charges that may arise. Said amount will be freely assigned by the LESSOR, requiring the guarantee it deems appropriate. Car hire must always be paid with a CREDIT card.

    3.3. Final payment will be made once the vehicle is returned, after the timely payment of the anticipated amount, the total rental price and the charges or expenses chargeable for any concept including the non-return of the items indicated in point 2.9 of this contract, or charge for refuelling if you return the vehicle with less fuel quantity than when it was delivered to you. In this same act, the agreed amount per additional kilometre will be settled and paid. All concepts of coverage not included in the insurance, including deductibles or franchises, as well as all exclusions and prohibitions, if any, will be liquidated. The lessee authorises THE LESSOR to debit all the charges resulting from this contract, according to the payment system reflected on the front of this contract, which is with a Credit Card, whether or not the LESSOR is present at this act.

    3.4. In the case that the lessee ordered that the charges be billed to a third party and this arrangement was accepted by THE LESSOR, this payment obligation will be joint and shared to both, in case of non-payment by the designated third party.

    1. AVERIAS

    4.1.-  THE LESSEE will be obliged to request authorisation from THE LESSOR, by calling the telephone number indicated on the front of the car hire rental contract, before starting any repair or replacement work on the vehicle, if the aforementioned authorisation has not been obtained, the cost of said repair will be the  Lessee´s responsibility, either because it is not included, or because it is not contracted or because they are excluded. We provide details on mechanical breakdowns, faults or failures below that are Excluded in the point    

    4.2. 4.2. The mechanical breakdowns, faults or failures Excluded are: - punctures and blowouts of tyres, damage to the rims, damages caused to the clutch and gearbox, those caused by impacts on the underside of the vehicle, water and mud damage, damage to mirrors, exterior mirrors, glass, damage to the upholstery and interior of the vehicle and to the loading areas, battery recharging, loss of keys, or not following the instructions in the manufacturer´s maintenance book. Likewise those faults for driving on roads that are not authorised, such as beaches, forest tracks, dirt tracks, roads is very poor condition, driving recklessly and in general any breakdown due to driver negligence, which are contemplated in The Prohibitions clause will be paid by the Lessee, and he or she accepts that they will be charged to his or her credit card. In none of the aforementioned cases will the company Car Hire Agency provide a vehicle replacement  and the company will charge the Lessee car hire rent until such time as the vehicle is repaired.  

    1. INSURANCE AND THE COVERAGE INCLUDED IN THE RENTAL SERVICE

    5.1. COMPULSORY CIVIL LIABILITY INSURANCE and the VOLUNTARY CIVIL LIABILITY INSURANCE are included in the prices of vehicle rental rates,

    5.1.1. Coverage of damages against third parties, arising from the use and circulation of the vehicle with the limit of amount that each insurance company has agreed to at all times with the lessor, in accordance with the general conditions of the policy signed for this purpose and the law. Upon signing of the rental contract by the Lessee, the latter adheres to the aforementioned policy and its closure  

    5.2. Collison Damage Waiver (CDW in English). Car hire Rental rates may include in their prices the damages caused to the vehicle in the event of accident, theft (TP) and accidental fire or vandalism.

    5.2.1. This coverage of damage to the vehicle (CDW) provides a deductible for damages caused by the Lessee directly, this must be guaranteed by the Lessee paying a deposit upon contracting car hire and depending on the particular conditions of the price rate contracted by the client (Lessee).

    5.2.2. In the event that the Lessee wants to include additional coverage which extends the amount of the deductible, these may be contracted in some price rates that include the CDW (100 per cent own damages), with the exception of exclusions.

    5.2.3. Excluded from CDW Insurance (Insurance of own damages to the vehicle with or without deductible) conditions are all the exclusions indicated in the clauses, 4.2; as well as in clauses 5; 6.3; and 7. 5.3. Theft insurance (TP) and accidental fire or vandalism.  

    5.3.1. In case of vehicle theft, the Lessee is covered by the guarantees of their subscribed policy for this purpose by the Leasing Company with the exception of the amount of the deductible and the coverage exclusions.  

    5.3.2. The Lessee will be obliged to hand over the keys to the LESSOR, present a formal complaint to the Police Station and describe in the accident report all the details of the theft, otherwise, he or she will compensate the LESSOR with the market value of the vehicle, according to the Ganvan maximum price, being excluded from the insurance contracted by the Lessee.

    5.4. Personal and occupant insurance (Personal Accident Protection - PAI).

    5.4.1. In the event of a traffic accident, the Lessee and occupants are covered within the limits of the amounts contracted with the Insurer, by the Leasing Party and the Lessee is adhered to them upon signing the car hire rental contract.

    5.4.2. This insurance is mandatory to contract at any price rate that the lessor offers.  

    5.4.3. The insurance (Personal Accident Protection - PAI), never covers luggage, or any thing(s) or article(s) that the Lessee leaves in the vehicle during the rental period or after said period, so in no case will the Lessor take care of any item, luggage, utensil that is left inside the rented vehicles or after the rental.

    5.5. Some exceptions to the insurance coverages contracted:

    5.5.1. In cases of alcohol, drug consumption or any other substance that disrupts normal driving of the vehicle, manifest negligence of the driver (including Lessee), or failure to comply with the regulations of the Traffic and Road Safety Code in force in Spain, the driver (Lessee) will be jointly liable along with the leasing company, for all the damages caused to third parties and to the rented vehicle.

    5.5.2. Any vehicle trailer or towing device incorporation must be communicated in writing to the LESSOR, for the appropriate purposes. THE LESSOR shall not be liable for any penalties or damages that may result to the rented vehicle or third parties, if there is no prior written authorization by the latter and acceptance on the part of the INSURANCE COMPANY HIRED by the Lessor.

    5.5.3. The Lessee is fully responsible for the damages that may be caused by placing protruding objects (both in height and width) or that hang from the rented vehicle, as well as for the damage caused by the merchandise transported, included in the interior of the vehicle, THE LESSOR will not be responsible for such damages and these damages will be charged to the Lessee once they have been certified by an external expert. 

    5.5.4. In case of accident or breakdown, the tenant must contact the 24 hour roadside assistance phone indicated on the front of the contract to request a breakdown towing vehicle, and must stay by the vehicle, if its condition permits. THE LESSOR shall not be responsible for any breakdown lorry other than that indicated by the 24 hour assistance service, contracted by the Lessor and that the exclusions of clauses 4.2; 5 are not given; 6.3; and 7, in which case you may charge the amount of your invoice to the Lessor or collaterally to the company, in the same payment type as stated on the front of this agreed upon contract.  

    5.5.6. As a general rule in the exceptions to the coverage contracted by the Lessee, these clauses are described above, but for added redundancy we return to indicate the insurance coverage exceptions, those of Clauses 4.2; those indicated in Clauses 5; those of Clauses 6.3, and those of Clause 7. 5.5.5. The lessee authorises THE LESSOR to process the charge according to the payment system shown on the front of this contract, during the term of the rental agreement or after the vehicle was returned, the damages caused to the owner or to third parties could be claimed in the circumstances indicated in the previous paragraphs.

    5.6. Car hire Rental rates do not include additional coverage, these can be contracted at the time of rental and are only valid if the conditions set out in the general clauses of this contract are met in case of damage to the vehicle and third parties.  

    1. ACCIDENTS

    6.1.  The lessee will be obliged to inform the LESSOR within 24 hours to 48 hours of any loss or damage suffered by the vehicle, even if the driver is a third person.

    6.2. In the event of an accident, the Lessee will be obliged to:

    1. a)  Do not prejudge responsibility of the act by declaring yourself guilty.
    2. b) Obtain and fill out the accident report document with the complete registration information and full name and address of the opposing party (s) and the details of the incident (type, date, time, place, sketch of the accident, injured etc.), possible witnesses, attestation of the authority (number of compulsory attestation in case of Theft) if any.   c) Sign the corresponding complaint at the request of the LESSOR or the vehicle´s insurance company, if they consider that there is opposing party (s) culpability and appear in the proceedings to which said complaint gives rise.

    6.3. The accident report must be physically delivered to the LESSOR´s office or to the Claims Department of the insurance company. 

    1. a) The driver is obliged to complete the Accident report in the form of a No-fault Declaration of an Accident report (Declaración Amistosa de Accidente) obtaining all the data of the opposing party that we indicate in section 6.2.a., and detailing in the most faithful way to how the accident occurred, also in case of vehicle theft.
    2. b)  The driver is obliged to submit the declaration of the accident to the office where he or she rented the vehicle within 48 hours of the accident. c) In case of not correctly complying with the administrative procedures indicated in points 6.3.a and 6.3.b. the insurance company may reject the accident claim because the completion of the accident report by the Lessee did not conform to the reality of the facts, in which case the Lessee would be responsible for all the repair costs of the rented vehicle and third parties, as well as all administrative expenses, vehicle repair, etc.  

     

    1. PROHIBITIONS- UNAUTHORIZED USE In addition to those contained in the above conditions, the lessee may not:
    2. a) Use or drive the vehicle in Ceuta and Melilla or the Canary Islands and the Balearic Islands, and abroad, unless expressly authorised in writing by the LESSOR. 
    3. b) Use the vehicle for illegal uses or activities.
    4. c) Transporting hitchhikers or people for payment, express or implied, without the express authorisation of the LESSOR.
    5. d) Sub-lease of the vehicle unless expressly consented to by the lessor.  
    6. e) Towing another vehicle, teaching or offering driving lessons, using the vehicle off roads or on roads considered inadequate, driving in places not suitable for public transport, such as local roads, forest tracks, beaches, unpaved roads or those roads with have serious deficiencies for driving , restricted areas such as military zones and airport zones or airport runways, ports and in general those described by the use given to any car, and all prohibitions outlined in the Traffic Code and Road Safety in force in Spain.
    7. f) Take part in races, competitions or perform any type of reliability or speed tests.
    8. g) Handing over the vehicle to a third-party outside of the contract.
    9. h) Carry more passengers, luggage and / or merchandise than those recommended by the manufacturer or allowed by the Traffic and Road Safety Code that is currently in force in Spanish territory. In case of being authorised by the Leasing Company by means of a written authorisation for departure abroad, the Lessee must comply with the regulations of the Traffic and Road Safety Code in force in the countries where the vehicle is going to be driven, being the Lessee´s responsibility all infractions, as well as all fines incurred consequently.
    10. i)  In the case of a commercial vehicle, the transport of goods classified as special or dangerous under current transport laws, unless the lessee has previously obtained at his or her own expense all the necessary permits and authorisations required by Spanish law, as well as all the sanctions for not fulfilling them.
    11. j) The vehicle cannot be labelled / painted, except with the prior authorisation of the LESSOR. If there is no such authorisation, THE LESSOR will invoice the LESSEE the necessary cost of removing the signs / paint required to return the vehicle to its original condition upon rental.  
    12. FINES

    The Lessee relieves the LESSOR of any responsibility for traffic fines, fees, sanctions and / or claims that may result from any infractions or violations of the applicable legal provisions in force (Traffic Code and Road Safety) in relation to the use and condition of the vehicles / and for any third party claims related to the vehicle (s) and its use (s).

    Should the LESSOR be held liable for such infractions or driving offences, the LESSEE shall reimburse the LESSOR for the costs corresponding to said sanctions at the first request of the latter, and the LESSOR may charge the Lessee in the same payment method as shown on the front of this contract, the amount of said sanctions and their administrative costs. That is to say, the Management of Fines has a variable cost but as a general rule, the Lessee - Client - Driver accepts an amount of € 35 for the Management of Fines, which will be charged to the credit card or the Payment method specified in the contract.

    The LESSEE is obliged to provide the LESSOR with all the data referring to the DRIVER, such as name, surnames, current private address, date of issue and number of D.N.I. (National Identity Document) or PASSPORT, and all data relating to the valid driving license.

    Otherwise, the Lessor will provide the authorities with the information that appears in the car hire rental agreement.

    Any administrative management that the Lessor must do before the Authorities as a consequence of the responsibility of the Lessee, will be charged to the Lessee up to a maximum of 150 €. The lessee is obliged to obtain the Transportation Card, in cases where it is necessary in accordance with the LOTT (Ley de Ordenación de los Transportes Terrestres / Law on Land Transport) and ROTT (Reglamento de Ordenación de los Transportes Terrestes / Regulation on Land Transport), at his or her expense and therefore the LESSOR, will not be responsible for any sanction resulting from improper action on the part of the Lessee.

    1. TERMINATION
    2. a) Failure to comply with the conditions agreed upon in this contract, will result in its termination in full, However, the LESSOR may also terminate the contract if the vehicle is not returned on the expected date, for circumstances such as providing a wrong or false address, closure of said address; or return of payments by letter / as or of promissory notes (in case of split payment), or the return of domiciled bills, or by not authorizing the credit card payment system to effect payment for the rental price or in the extension of the rental agreement, by the formulation of judicial proceedings against the lessee, both civil and criminal, or suspension of payments, insolvency proceedings, bankruptcy or any other analogous circumstances incurred by both the lessee and their authorized designees, or the third party to whom the charges are being billed, also for claims greater than 5 per cent of the invoiced amount. 

    In such cases, the LESSOR shall take the necessary measures to ensure the immediate recovery of the vehicle without incurring liability for the alleged damages or damages alleged by the Lessee, or the aforementioned third parties and save the other actions that correspond to them by Law.

    Thus, the LESSOR, may re-take possession of the vehicle at any time even without notifying Lessee and at their own expense if the vehicle is used in breach of the provisions of this contract, with the Lessee accepting the withdrawal of the vehicle.

    1. b)  If the Lessee decides to return the vehicle before the scheduled date, the LESSOR may demand from the Lessee a compensation for damages, consisting of the payment of thirty percent of the remaining car hire rent amount and an adaptation of the rental rate based on the actual hire days.  

    The compensation of 30 per cent is also based on article 1.124 of the Civil Code, in the damages and losses caused such as vehicle(s) depreciation, administrative expenses, accounting costs, vehicle recovery expenses etc.

    10.- SUBSTITUTIONS: The LESSOR will proceed to the replacement of the hired vehicles, when this service is contracted, with a vehicle of a similar or lower category, in the following cases:

    1. a)  For ordinary maintenance, provided there is a Lessee notice of 48 hours and such maintenance cannot be performed in less than 49 hours.
    2. b)  In case of vehicle theft, prior justification with a copy of the complaint and delivery of vehicle keys.
    3. c) In case of accident, after delivery of the accident report.
    4. d) Due to vehicle failure, for reasons not attributable to the driver.
    5. e) The concept of substitution is excluded, and will give rise to additional billing, if the rented vehicle has been disabled in any way, or as detailed in clauses 4.2; 6.3 and 7 of  the general conditions. 
    6. f) THE LESSOR will only be bound to the substitutions previously described in national territory. These substitutions will always be made in the LESSOR´s offices.  
    7. g) THE LESSOR is not responsible for the loss of time, economic damages or any other direct or indirect damages caused by the material impossibility of replacing the vehicle. In the latter case, the Lessee is entitled to a discount, which will be calculated pro rata to the rental rate of the days that the vehicle could not be used. Once the vehicle has been repaired, the LESSOR will inform the LESSEE/CLIENT, who will have a period of 48 hours to collect the vehicle. In case of not collecting it within said period, the LESSOR will invoice the two vehicles.   
    8. h) The Lessee does not  will not have the right to substitute the vehicle and will be charged car hire fees in the cases described in clauses no. 4.2, 6.3, and 7 referring to Prohibitions. 
    9. RESPONSIBILITY OF THE LESSOR - The Lessee will exonerate the LESSOR completely for the direct and indirect damages that the lessee may have as a result of leased vehicle damage or accident. 
    10.  PERSONAL PROPERTY - LESSOR shall not be liable for the loss or damage of goods left in the vehicle during the rental period or thereafter. These goods, their custody and any damages are the sole responsibility of the lessee.
    11.  LEGAL JURISDICTION AND CODE This contract shall be governed by the provisions herein agreed upon and by articles 1,554, following and concordant with the Civil Code on the leasing of things and other current Spanish laws, submitting the parties to the jurisdiction of the Courts of Asturias as Place of fulfilment of obligations, expressly waiving any other jurisdiction, for any question arising from its application or interpretation. However, the Lessor declares its intention to resolve any dispute with the Lessee in a friendly manner.