GENERAL CONDITIONS FOR VEHICLE RENTAL
These general conditions regulate the contractual relationship between OLECAR RENT A CAR S.L., hereinafter (“the Lessor”) and the customer (”the Lessee”), by virtue of which the former assigns the latter with use of a vehicle for a period, price and under other conditions set out in the rental contract.
B. USE OF THE VEHICLE
1. The lessee hereby agrees to use and to drive the vehicle in accordance with the Highway Code in force at the time of the rental, and pursuant to the usage specifications of the type of vehicle rented.
2. It is mandatory for the Lessee to carry with them a copy of the prevailing rental contract at all times during the term of the same.
3. In the event of using the vehicle to transport children with a height equal to or below 135 cm, the Lessee must supply appropriate child restraint systems for each age group and position these in the vehicle pursuant to prevailing traffic regulations. The Lessee must also check the appropriateness, use and positioning of child restraint systems in the vehicle. The Lessor does not accept any liability for the lack of use, installation, checking or improper use of the obligatory restraint device.
4. The vehicle may only be used on public roads. Use of the vehicle in the following circumstances is expressly prohibited:
a) Driving the vehicle on unauthorized or unpaved roads, or the condition of which could represent a risk of damages to the vehicle;
b) Using the vehicle to take part in races, competitions or challenges of any kind;
c) Using the vehicle for driving lessons;
d) Using the vehicle for testing the strength of materials, accessories or products for automobiles;
e) Using the vehicle in the event of a risk, especially if the dashboard warning lights are on;
f) Transporting passengers for money;
g) Perpetrating criminal acts with the vehicle, even if said act is only considered criminal in the place where it was perpetrated;
h) Driving the vehicle in unsuitable conditions, as a consequence of alcohol, drugs, tiredness or illness;
i) Using the vehicle to push or tow other vehicles or any other object;
j) Transporting toxic, flammable or hazardous substances and/or substances that infringe prevailing legal provisions;
k) Transporting the rental vehicle aboard any kind of vessel, train, lorry or aircraft, unless there is express authorization in writing from the Lessor;
l) Driving inside port areas, airports, aerodromes and/or similar that are not open to public traffic, as well as in the enclosures or facilities of refineries and oil companies, without express authorization in writing from the Lessor.
5. The Lessee is obliged to safely and properly distribute and fasten the goods transported in the vehicle or van.
6. The Lessee is forbidden from assigning, subletting, renting, mortgaging, pledging, selling or otherwise giving as surety the vehicle or the rental contract, the vehicle keys, documentation, equipment, tools and/or accessories of the same and/or any other part or piece of the same; or attempt the foregoing in a way that could cause damages to the Lessor.
7. The rental contract sets out those countries where the rented vehicle cannot be driven, as well as those countries where certain vehicle models are not available for rent. Rentals in Spain expressly ban the movement of the vehicle from the mainland to the islands and vice versa and/or between the islands, as well as to Ceuta and Melilla, without express authorization in writing from the Lessor.
8. At the time of formalizing the rental contract and handover of the vehicle, the Lessee and any other person designated by the Lessee as driver must be present to sign the rental contract with the Lessor and to submit driving licenses that are valid and in force in the rental country. The Lessor hereby expressly reserves the right to refuse to rent the vehicle in the event that the Lessee or the person specified by the Lessee as driver are unable to substantiate that they own a driving license that is valid and enforceable at the time of formalizing the rental contract. And, all the rest of documents required to formalize the rental agreement.
The vehicle may only be driven by the Lessee, as well as those persons designated in the rental contract, provided that they are over the age of 18, 21,23 and 25, respectively, depending on the vehicle to be rented, and have held a driving license for the length of time required pursuant to the vehicle group to be rented. Specific charges shall apply to drivers under the age of 23. The Lessee is liable for ensuring that any driver is in possession of a driving license in force and valid for the countries in which the vehicle is used. The pertinent details for the rental contract shall be taken from both the Lessee as well as those persons designated by the Lessee as drivers of the vehicle. This shall particularly apply when the authorities require the Lessor to identify the driver that has committed an offence. If the driver cannot be identified, the Lessee shall be liable for payment of any fine or sanction incurred during the rental period. Driving licenses that are valid in Spain shall be considered to be the following:
a) Those issued in accordance with prevailing Spanish legislation;
b) Those issued by EU Member States pursuant to community regulations;
c) Those issued by other countries that are recognized as valid for the purpose of being allowed to drive in Spain in accordance with the regulations of the Spanish Directorate General of Traffic;
d) Valid international driving license together with valid national permit of the corresponding country required to be able to drive in Spain pursuant to the regulations of the Spanish Directorate General of Traffic. The Lessor will not assume any fine in case the Lessees don’t have it once requested by the Police.
The Lessee shall answer personally and severally for those persons that drive the vehicle during the rental period.
9. Without prejudice to the Lessee’s liability with third parties, if any of the circumstances set out in points B.4, B.5, B.6, B.7 and B.8 concur, the Lessor may immediately terminate the contract and claim compensation for damages, including loss of earnings, caused by the breach in question.
C. STATE OF THE VEHICLE
1. The lessee receives the vehicle described in the contract in proper conditions of performance, maintenance and bodywork, without any deficiencies, apart from any observations that could be made once the vehicle is returned. If the rented vehicle is found to have any deficiency not shown in the rental contract, the Lessee is obliged to report this to the office of the Lessor where the rental contract was signed prior to moving the vehicle from the parking space in which the vehicle is parked.
2. The Lessee receives the vehicle described in the contract with all of the documentation, as well as the vehicle key, tools and accessories, in particular reflective vests and warning triangles, which the Lessee must check at the start of the rental, duly notifying any deficiency to the office where the vehicle was rented. The Lessee undertakes to use the accessories diligently and to give them back in the same state as they were received. In the event of failing to give back the accessories on completion of the rental contract, the Lessee is obliged to pay the Lessor for the accessories not given back, and the amount of these is shown in the List of Additional Charges document. It is the Lessee’s responsibility to lock the vehicle whenever abandoning it.
3. If any dashboard warning light comes on during the rental period, revealing a vehicle malfunction that affects the safety of the same or when there are external signs that indicate a vehicle fault or malfunction, the Lessee must stop the vehicle as quickly as possible and contact the Lessor or the roadside assistance company contracted by the Lessor. It is forbidden to use the vehicle in the event of risk. It is likewise forbidden to manipulate the vehicle’s odometer, and any malfunction of this must be immediately reported to the Lessor. Charges from other roadside assistance companies shall only be accepted in cases of emergency, when these come from the vehicle’s official repair workshops and following express authorization from the Lessor. Depending on the coverage contracted by the Lessee under clause G, the roadside assistance may be billed, as specified in the List of Additional Charges document. However, the Lessee shall always be liable if this party has made prohibited use of the vehicle, as set out under B.4, as well as in the event of negligence.
4. The Lessee must regularly check the levels of liquids and oil, and in general permit the pertinent safety inspections or servicing pursuant to the specifications of use of the vehicle type. This service must be carried out by repair workshops authorized by the Lessor; otherwise the Lessee shall be liable for any damages arising from improper topping up of the rented vehicle’s liquid levels of the engine.
5. The Lessee must make sure that the tank is always sufficiently full, and shall be liable for any damages caused through breach of this obligation.
6. The Lessee receives the vehicle with a full tank and is obliged to give it back in the same condition. Otherwise, the Lessee shall be billed for the cost of fuel plus an administrative surcharge for the refueling service pursuant to the List of Additional Charges documents. These charges may be billed against the deposit or the credit card with which payment was made. The Lessee must refuel the vehicle with the right kind of fuel, otherwise the Lessee shall be liable for any expenses occasioned through the transfer and/or repair of the damages caused to the vehicle. Furthermore, in this event the Lessee shall pay the Lessor the charge for the loss of earnings due to vehicle immobilization.
7. The Lessee receives the vehicle with all of its tires, including the spare (or a repair kit in the absence thereof) in good condition and without any punctures, except in the case of vehicles fitted with the run-flat tires system. In the event of damage and/or loss of any of the tires (on grounds other than normal wear and tear, deficient assembly or manufacturing defect), the Lessee hereby undertakes to inform the Lessor. Repairs and/or replacements of tires must be carried out by repair workshops authorized by the Lessor; otherwise the Lessee shall be liable for any damages arising from improper replacement of the same.
8. The Lessee is forbidden from changing any of the vehicle’s technical characteristics, or from making any changes to its exterior and/or interior aspect (except with express authorization in writing from the Lessor). In the event of infringing this condition, the Lessee shall be liable for payment of duly justified expenses for reconditioning the vehicle to its original state and for paying an amount as compensation for vehicle immobilization.
1. Reservations referred to vehicle category. The reservation in a category does not confer the right to assignment of a specific model within said category.
2. The Lessor shall hold the reservation for up to 60 minutes after the agreed time, and is not obliged to provide the service under the conditions agreed once this deadline has elapsed. Cancellations must be carried out a minimum of 24 hours prior to the start of the rental.
3. The following shall be applicable with regard to prepaid rate reservations: Prior to start of the rental and 48 hours beforehand, changes may be made for which the Lessee shall be charged in accordance with the modification fee shown in the List of Additional Charges document. The price to be applied after the reservation change shall be the price shown in the rate in force at the time the change is made. The Lessor shall not reimburse an advance of the rental price already paid or any possible difference in the event of a price difference arising as a consequence of the change made. By the same token, the reservation may be cancelled before start of the rental.
In the event of cancellation, the Lessor shall reimburse the advance of the rental price already paid, keeping a penalty for cancellation. Cancellations may be carried out online (www.olecar.es) or by letter or email to: Olecar Rent a Car S.L., Street Riera del Fonollar n18, 08830, Sant Boi de Llobregat, Barcelona, Spain, or by E-Mail: email@example.com
Failure to pick up the reserved vehicle /failure to pick up the vehicle at the agreed time shall entitle the Lessor to retain the total price of the rental already paid.
In prepaid rate reservations, the Lessee must present the payment means used to make the reservation. If the Lessees fail to present said document, the Lessor shall terminate the rental contract. In this event, there shall be no reimbursement whatsoever to the Lessee of the total price paid.
E. RENTAL CHARGES / MATURITIES / DEPOSIT GUARANTEE / PAYMENT METHOD
1. The Lessee undertakes to pay the Lessor:
1.1. The rental charges shown in the rental contract corresponding to the duration (minimum rental time of 24 hours), coverage, limitations of liability, additional equipment and supplementary services, pursuant to the stipulated conditions, as well as applicable taxes and levies. These shall be invoiced in accordance with the prevailing rates at the time the reservation is made. If no prior reservation has been made and/or unless an allowance or special price has been agreed, the rental charges listed in the current rates at the time of signing the rental contract shall apply.
1.2. The charges arising from failure to return the vehicle in the same condition of performance, maintenance and bodywork as it was received in at the time of the rental.
1.3. Mileage in excess of what was contracted in the rental contract executed for the rented vehicle. The charge for this shall be billed on the basis of the price shown in the reserved rate.
1.4. The costs for obtaining a copy and/or sending the key of the rented vehicle, in the event of loss and/or damage of the same, as well as transferring the immobilized vehicle as a consequence of the foregoing to the nearest rental office of the Lessor. Furthermore, the Lessor may charge the Lessee indemnification costs through vehicle immobilization. The charge for this shall be billed on the basis of the price shown in the List of Additional Charges document.
1.5. The replacement expenses in the event of disappearance of vehicle accessories such as the pair of emergency triangles, the reflective safety vest and the first aid kit. The charge for these shall be billed on the basis of the price shown in the List of Additional Charges document.
1.6. The replacement expenses in the event of disappearance of parts of the GPS like cable, charger, etc. Or for broken or disappeared device.
1.7. The expenses for replacement of vehicle documentation in the event of disappearance of said documentation. The charges for these shall be billed on the basis of the price shown in the List of Additional Charges document.
1.8. The amount for special cleaning of the vehicle once it has been returned if the vehicle is in such a dirty condition that it requires intervention of the specialized company. For merely illustrative purposes conditions of dirtiness that require the intervention of a specialized company include: vomit, ink stains, cigarette burns, mud, dirtiness called by animals... This charge shall be invoiced on the basis of the price billed to the Lessor by the special-cleaning-of-vehicles company selected. The cost of the special-cleaning will be 70€, in case of upholstery cleaning, charge will be 140€.
1.9. Smoking is not allowed within the leased vehicles, such action will incur a penalty of 50 € to the Lessee, the amount of which is available in the Additional Charges Relation document.
1.10. The amount for the Administrative Fee charged for Management of Fines. This charge shall accrue for each disciplinary slip or dossier sent by the competent authority with regard to the rented vehicle and for any events that take place during the rental validity. The charge for this shall be billed on the basis of the price shown in the List of Additional Charges document. However, the Lessor may claim a higher cost for this management if it provides evidence of having paid a higher cost and the attributable nature of this. If there are 2 drivers in the same contract, the fine will always be charged to the first driver, if on the other hand the person who committed the infringement is the second driver, you just need go to traffic to pay the corresponding fine and identify the corresponding offender.
1.11. The amount for Management of Damage File. This charge shall accrue in the event that it has not contracted super plus coverage and vehicle reveals material damages caused during the rental period. This charge will be 50€.
1.12. In rentals for periods in excess of 28 days, the amount as penalty for failure to return the vehicle on the date specified in the rental contract or for exceeding the maximum mileage specified in the rental contract by more than 100 km. The charge for this shall be billed on the basis of the price shown in the List of Additional Charges document.
1.13. The amount for the replacement and positioning of the Lessor’s advertising signage on the vehicles where this is been damaged or removed during the rental period. The charge for this shall be billed on the basis of the price shown in the List of Additional Charges document.
1.14. Unless there is a written agreement to the contrary, the charge, pursuant to the prices shown in the List of Additional Charges documents, for the costs of returning to origin those vehicles that have been returned to a station other than the one from which they were taken.
1.15 The Lessee hereby gives his consent to enable the Lessor to send invoices to the previously specified recipient, in electronic format pursuant to prevailing legislation, to the registered email address. The Lessee is liable for making sure that the electronic invoices can be received correctly or, if so agreed, to collect them in electronic format. The Lessee is entitled to oppose the sending of invoices in electronic format at any time, by sending express notification of this opposition.
2. Payments due
2.1. The rental price shown in the rental contract, as well as any coverage, limitation of liability, additional equipment, supplementary services, taxes and levies applicable is due and payable on commencement of the rental.
2.2. In rentals for periods in excess of 28 days, payments are due in 28-day periods, always at the beginning of each period.
2.3. As regards prepaid rate reservations, the rental price as well as other amounts agreed shall be payable at the time of making the reservation and shall be charged to the credit card that the Lessee notifies in the reservation on the day following said reservation.
2.4. The Lessee shall be considered to be in default on the day following the due and payable date of the corresponding payment, without the need to send any payment demand whatsoever. In the event of default, as well as the amount owed increased by three points over the legal interest rate, the Lessor may also claim the expenses incurred in the payment demand for the amount owed and resulting from the contract executed.
3. Deposit at the start of the rental
3.1. Prior to commencement of the rental, the Lessee is obliged to provide the Lessor with an amount equivalent to the amount of the excess as a deposit, and this must be a minimum of €150.00. Where appropriate, the amount of additional services and equipment contracted, taxes and levies must be added. This deposit shall remain in the hands of the Lessor as guarantee for any payment obligations or liabilities that the Lessee may have with the Lessor. The Lessor is hereby authorized to use the amount of the deposit for payment of these obligations and liabilities, without prejudice to claiming payment of any that exceed the amount of the deposit.
3.2. Payment of this deposit may be made by credit card accepted by the Lessor. If the deposit is given by the Lessee through a credit card that is accepted by the Lessor. The credit card expiry date used for the deposit must be after the Rental contract period. The obligation to pay the deposit likewise applies to rentals carried out with prepay rates and the Lessee is obliged to present the credit card with which the reservation was made in order to provide the Lessor with the deposit.
3.3. Prior to commencement of the rental, the Lessor shall request authorization from the card issuer for the amount of the deposit, as surety for the payment obligations or liabilities to be accepted by the Lessee during the scheduled rental period. This amount shall be available, on request by the Lessor, at the time of signing the rental contract. If it is not possible to make the aforementioned deposit, the Lessor may refuse to provide the rental to the Lessee.
3.4. Once the vehicle has been given back and the necessary checks performed, the amount billed to the Lessee for vehicle rental and other items as set out under condition E.1. shall be charged to the credit card provided by the Lessee. The authorization requested from the card issuer on commencement of the rental as a deposit shall be rendered null and void from that moment onwards.
F. RETURNING THE VEHICLE
1. The rental period shall be the one initially agreed in the rental contract and shall be billed on the basis of 24-hour periods, from the time when the contract is formalized. The Lessee undertakes to return the vehicle to the Lessor together with the keys, documentation, accessories and additional equipment, prior to expiry of the agreed period and at the place agreed in the rental contract. If the vehicle is not returned in this way, the Lessee is obliged to pay the Lessor additional charges as set out under condition E.1. The service shall be considered as terminated when the vehicle and the keys have been received by the Lessor's personnel or left in the electronic drop-off boxes of the Lessor. In the latter case, the date and time of the return shall be taken as the reading of the electronic drop-off boxes.
2. In case of return of the vehicle outside office hours, and upon previous request, 50€/h will be charged for delivery after hours.
3. The rental prices are calculated in accordance with the pick-up and return times specified in the contract. Olécar Rent always offers a courtesy period of 59 minutes. If the vehicle is returned late, the period not agreed in the rental contract shall be billed pursuant to prevailing rates. Special rates shall only be applicable for the period specified in the offer. If this period is exceeded, the prevailing rates shall be applied to the entire duration of the rental contract.
4. In case of early return of the vehicle, no refunds of the amount established and paid on the collection of the vehicle.
5. It is the Lessee’s responsibility to ensure proper delivery of the vehicle at the place agreed in the rental contract. Unless there is a written agreement contrariwise, the Lessee must return the vehicle during the office hours shown at each of the Lessor’s branches. Return of the vehicle to a place other than as agreed, on grounds not attributable to the Lessor, could entail additional charges for the Lessee, calculated in accordance with prevailing rates, for the period during which the Lessor could not use the vehicle, as well as any costs this involves.
6. The amount given as a deposit on commencement of the rental contract by the Lessee to the Lessor cannot be used for an extension to the rental period. The rental contract may be extended for a period in excess of what was agreed, and this requires prior and express authorization from the Lessor, as long as the Lessee requests this three days beforehand. The extension may be requested by telephone up to five days on a one-off basis. The Lessee undertakes to immediately authorize the amount of the additional deposit for the aforementioned extension, and the price applicable to the extension period shall be the one specified in the prevailing rates. The Lessee is responsible for appearing in person at the Lessor's office to obtain a new rental contract with the corresponding extension. The Lessor may refuse to extend the rental contract. The original contract shall likewise govern in the event of a replacement vehicle and rental for periods in excess of 28 days.
7. In rentals for more than 28 days, the Lessee is obliged to appear at the offices of the Lessor on the date shown in their rental contract to check the vehicle, and to respect the maximum mileage permitted. Failure to comply with this obligation shall entitle the Lessor to impose the corresponding fine shown under condition E.1.13.
8. If the vehicle is not given back by the Lessee on the date scheduled and following three days without any news on the delay in returning it, the Lessor shall consider that the vehicle has been misappropriated and shall report this to the competent authorities.
G. COVERAGE / LIMITATIONS OF LIABILITY
1. The rental rates include Obligatory Vehicle insurance cover and Public Liability cover for damages to third parties stemming from use and driving of the Vehicle.
2. This insurance coverage is guaranteed and is accepted by the insurance company with whom the Lessor or vehicle owner have arranged the corresponding insurance policy. They are subject to the general and specific body of clauses and to the Law.
3. By signing the rental contract, the Lessee adheres to the aforementioned policy as the insured party, and a copy of this policy may be consulted at all offices of Olecar Rent.
4. The policy does not cover damages, losses or any other harm caused to baggage, goods or personal belongings transported in the Vehicle, or the total or partial loss or damages suffered in the Vehicle through theft and/or vandalism and/or traffic accident.
5. The inclusion or exclusion of Travel Assistance is subject solely to the Insurance policy corresponding to the vehicle contracted, a copy of which may be consulted at all offices of Olecar Rent.
6. All these optional coverages and limitations of liability are subject to prior contracting by the lessee, applicable exclusively to the lessee and the drivers authorized by the same and after payment of the agreed amount at the time of the rental of the vehicle. The hiring of these will be reflected in the rental agreement. The cost of these limitations of liability, which are optional, as well as the amount of the franchises, can be consulted at the current rate. The limitation of the contractual liability will only be valid while the lease is in force.
7. All insurance loses validity in case of negligence, misuse, reckless driving or driving under the influence of alcohol or narcotics.
8. If the lessee has contracted an additional insurance not directly with Olecar, his responsibility will be limited to the direct insurance conditions with Olécar, so the correspondent excess will be blocked in the credit card according to the contracted insurance. In case of damage of the vehicle, the total cost will be paid to Olécar. Afterwards the lessee would reclaim the total cost to the third party whom the insurance was contracted.
9. In case of new damages to the return of the vehicle the customer must pay the amount of certain repairs, loss of equipment or replacement of certain parts with prices stipulated by the company. This price list is available to the client in office and on the Web. In case of replacement of parts of the vehicle (parts of sheet metal and / or moldings, headlights, glass, tires, locks, bonnets or any part not mentioned in the list) or negligence (low, roof, clutch, exhaust line, Oil, or damage caused by misuse) that involve material and special workmanship, prices will be informed with workshop budgets once it has been evaluated.
H. OPTIONAL COVERAGE
1.CDW (Collision Damage Waiver)
The exoneration (except for the amount of the excess) of liability for damages caused to the vehicle in the event of a collision with a fixed or mobile object.
a) CDW is an optional service provided directly by the Lessor that exonerates the Lessee (except for the amount of the excess) from financial liability solely for damages caused to the Vehicle as a consequence of a collision with other vehicles or fixed or mobile objects. This does not include those damages caused through acts of vandalism, unless these take place during use of the vehicle.
b) Under no circumstances are damages caused to windscreens, windows, lights, rear-view mirrors, hubs and tires of the rented Vehicle covered by CDW when these take place in circumstances other than those described in the previous paragraph. In the case of windscreens, windows, lights and mirrors, the damages caused as a consequence of a blow by a stone or damages caused by stones are not covered.
c) Failure to contract CDW means that the Lessee is financially liable for damages caused in the Vehicle and compensation for vehicle immobilization, pursuant to the provisions set out in these General Conditions.
d) CDW is only applicable if the Lessee duly fills in the Accident Report, which must clearly show the damages to the vehicles and the drivers involved in the accident, as well as the conditions and circumstances in which the accident took place.
2. GLASS & TYRES COVERAGE:
a) By hiring the Glass & Tyres Coverage the Lessee will have a full cover on both concepts.
3. SUPER PLUS COVERAGE:
a) By hiring the Super Plus Coverage allows full excess exemption and / or part thereof by the lessee not covered by the CDW. The excess reduction applies only to certain types of vehicles and reducing it varies depending on the type of vehicle leased.
b) Under no circumstances are damages caused to windscreens, windows, lights, rear-view mirrors, hubs and tires of the rented Vehicle covered when these take place in circumstances other than those described in the previous paragraph. In the case of windscreens, windows, lights and mirrors, the damages caused as a consequence of a blow by a stone or damages caused by stones are not covered.
It is excluded from the limitation of liability that damages that do not respond to a loss are contracted but negligence, fault or negligence caused inside the vehicle, the engine, the clutch and / or the underside or roof of the vehicle. In addition, it does not cover damages or losses in the bonnet and / or keys, or bad refueling.
I. ACCIDENTS / THEFT/ OBLIGATION TO REPORT
1. In the event of an accident, theft, fire, damages caused by nature and, in general, any event of damages, the Lessee must do whatever is appropriate to protect the interests of the Lessor. Furthermore, the Lessee must fill in the descriptive report of the accident , whether or not the Lessee is responsible, and with or without the involvement of a third person. In the event of perpetration of an offence, if there are any injured persons and/or if the culpability of those involved has to be investigated, the Lessee is obliged to immediately report this to the police.
2. In the event of an accident involving another party, the Lessee must fill in the standardized no-fault accident report which forms part of the vehicle documentation, and notify the Lessor within a deadline of 24 hours, by sending a copy of the report, the original of which must be surrendered within a maximum deadline of two days. If the other party refuses to sign the accident report, the Lessee must request a police presence and also provide the Lessor with a copy of the corresponding police statement.
3. The descriptive parts of the accident and/or the no-fault declaration parts must be completed in full and with as much detail as possible, both with regard to the damages as well as the circumstances in which they took place. The Lessee is obliged to sign and obtain the signature of the other party, if there is another party, on both documents. If the other party refuses to sign, the Lessee must request a police presence in order to clarify the facts, as otherwise the Lessee shall be considered responsible for the accident, unless contrary evidence is provided by the Lessee.
4. The accident or vehicle theft does not automatically imply an obligation on the part of the Lessor to provide the Lessee with a replacement vehicle.
J. MAINTENANCE AND REPAIRS
1. Mechanical wear and tear through normal use of the Vehicle is accepted by the Lessor. If the Vehicle is immobilized through a mechanical malfunction, the Lessee must contact the Lessor or the Roadside Assistance Company if this is being contracted (refer to the vehicle's insurance policy) by the Lessor, and only with this company. Charges from other roadside assistance companies shall only be accepted in cases of emergency, and following express authorization from the Lessor.
2. The Lessee must regularly check and top up the engine’s liquid levels if necessary, solely and exclusively with prior authorization from the Lessor. In this case, the amount paid for this shall be deducted from the final price of the rental, providing the Lessee submits the corresponding invoice.
3. The Lessee is not authorized to instruct the repair of the Vehicle, without express authorization from the Lessor. In this event, the Lessee must submit a detailed invoice of the repair carried out.
1. The fuel consumed by the Vehicle during the rental period is payable by the Lessee.
2. The Lessee must refuel the Vehicle with the right kind of fuel. In the event of refueling with a fuel that is inappropriate for the Vehicle, including refueling with fuel that is contaminated with water or other foreign objects, the Lessee shall be liable for any expenses occasioned through the transfer and/or repair of the damages caused to the vehicle. Furthermore, in this event the Lessee shall pay the Lessor the charge for the loss of earnings due to vehicle immobilization as described in these General Conditions.
3. The Lessee shall return the Vehicle with a full tank of fuel. Otherwise, the Lessee shall be billed for the amount of fuel missing per the Prevailing Price List, plus the additional charge for the refueling of 19€ taxes included.
4. In "Full-empty" rates, the customer will pay in advance the value of the full tank with a standard fuel price established (prices may vary according to market), and operating and refueling fixed costs of € 27 to 37€. At the end of the rental, a refund will be made proportionally to the amount of fuel left in the tank, excluding the costs of operation and refueling.
1. The Lessor’s liability extends to damages caused by its employees and other persons for which it is legally responsible, in cases of intent or gross negligence, unless the Lessor can prove that it acted diligently to avoid the damages. Damages for which compensation is payable for contractual breach shall solely extend to consequential damages that are foreseeable and reasonable, and under no circumstances to mere expectations.
2. The Lessee and his collaborators shall answer without limitation for the infringement of any regulatory provision they commit during the enforceability of the contract, in particular for traffic offences. The Lessee shall hold harmless the Lessor with regard to whatsoever sanctions, fines, taxes, surcharges and in general costs of any kind that are imposed by the Administrations. All those expenses effectively paid for the administrative tasks that have to be assumed by the Lessor as a consequence of formal requests from the Administrations for the purpose of clarifying the perpetrator or other circumstances of an infringement or criminal offence shall be payable by the Lessee as set out under condition E.1.8.
M. CONTRACT TERMINATION
1. The parties shall be entitled to terminate the contract in the event of any legal grounds for this. The Lessor shall be entitled to terminate the contract immediately if the Lessee defaults for more than seven days in making payment of any amounts due and any other just cause. In this regard, just cause shall be considered as follows:
- The return of any bills, cheques or credit card charges, unless the Lessee proceeds to make payment within a deadline of seven days, or breach of the payment conditions previously agreed by the Lessor.
- If the Lessee uses the vehicle in an improper way or causes damages to the vehicle in an intentional or grossly negligent way, including lack of maintenance or servicing whenever obliged to do so. - Infringement of provisions applicable in commercial transportation issues;
- Breach of any of the provisions included in points B.4, B.5, B.6, B.7 and B.8. of these conditions; -
And, in general, when pursuant to the circumstances the continuation of the rental agreement is not enforceable, for example in the event of a high rate of accidents.
2. In the event of contract termination, the Lessee is obliged to return the vehicle, the keys, documentation and accessories immediately. Under all circumstances, on terminating the contract the Lessor is entitled to remove the vehicle from wherever it is located.
3. In the event of contractual termination, the Lessor is entitled to claim damages caused as a consequence thereof, which includes not only consequential damages (including tow trucks, expert appraisals, legal costs, etc.) but also loss of earnings through non-availability of the vehicle.
N. PROTECTION OF PERSONAL DATA
1. The information contained in this document is private and confidential. The personal data contained in this contract is incorporated into a file whose owner and responsible is OLECAR RENT A CAR S.L. The legal basis on which we treat these data is the express and unequivocal consent of the client. The processing of the data is necessary to facilitate the administrative management, billing and contracting of our services with our clients. Interested parties may exercise at any time the rights of access, rectification, cancellation, opposition, deletion, portability and limitation, by sending an e-mail to the address firstname.lastname@example.org in accordance with EU Regulation No. 2016/679, concerning the protection of natural persons with regard to the processing of personal data and the free circulation of these data ("RGPD").
2. In the case of commercial communications through email or equivalent means, and in accordance with the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce, you grant your express consent for the sending of advertising through said medium. This consent may be revoked at any time by request addressed to the following email address: email@example.com
3. The Lessor may transfer his data to the company OLECAR RENT A CAR S.L. with address at Ronda de la Fuente, 700, 28860Paracuellos de Jarama (Madrid), Spain, for operational needs due to the centralization of data worldwide, as well as for this company to inform you of offers and products that you consider of interest . This transfer of data by the Landlord could also be made to companies in the tourism and transport sectors that collaborate now or in the future in the activities carried out by the Landlord in order to keep you informed of the products or services of your interest.
4. The Lessor may communicate the data of the Lessee to asset and credit solvency information files, in accordance with the provisions of current legislation on data protection, if the Lessee incurred any type of non-payment with reasons of the hired rental services and previous request of unsatisfactory payment by the Lessor.
5. The Lessee may exercise their rights of access, rectification and cancellation of their personal data, as well as to oppose their commercialization, use or transfer by means of a notice to the address OLECAR RENT A CAR SL, Calle Riera del Fonollar Nº18, 08830 Sant Boi de Llobregat, Barcelona, Spain, or by email to firstname.lastname@example.org
O. GENERAL PROVISIONS
1. The Lessee is entitled to receive a copy of the general conditions in Spanish and this has been placed on record in the different language versions of these conditions. In the event of any discrepancy, the version in Spanish shall take priority.
2. “The offsetting of credits shall operate in accordance with prevailing legislation. In this regard, the guarantee deposit may only be offset once the Lessor has complied with all of his obligations pursuant to the General Conditions”.
3. If there is more than one Lessee, all parties shall answer jointly and severally to the Lessor.
4. All of the rights and obligations arising from these conditions and from the contract shall extend to authorized drivers.
1. There are no covenants between the Lessee and Lessor that are not reflected in writing in the rental contract or in these general conditions. Any amendments to these must be given in writing and be signed by both parties.
Q. LEGISLATION AND JURISDICTION
1. This contract shall be governed and interpreted pursuant to the laws of the country in which it has been signed.
2 . Any issues that arise as a consequence of this contract between the Lessor and the Lessee shall be ruled on by the Spanish courts in Barcelona, to which both parties hereby submit. The customer hereby declares that he has read and understood all of the general conditions on the rental, both those shown on the obverse and reverse of this contract, and in witness whereof the customer signs in the place and on the date specified, and receives a copy thereof. The Lessee acknowledges that the details given above are correct and accepts them and must keep a copy of the same inside the vehicle. The person that signs this contract and who drive the vehicle away hereby jointly and severally guarantees with the Lessee, all the obligations contracted by the latter, as a consequence of the clauses of this contract both on the obverse as well as the reverse, with waiver to the benefit of exclusion, division and order, pursuant to the provisions set out in article 439 et set of the code of commerce and 1441, 1822, 1831 and concordant articles of the civil code.
Agree; Name of the customer: ____________________________________________
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