RENTAL TERMS AND CONDITIONS
Under this contract AVANTCAR IBIZA S.L rents the vehicle described in this contract to the lessee under the terms and conditions contained herein.
The lessee, on signing this contract, agrees to the clauses which have been read and explained to the lessee, and is bound to such terms and conditions.
The company AVANTCAR IBIZA S.L reserves the right to rent the vehicle to specific customer groups.
ARTICLE 1. Use of the Vehicle
- It is prohibited for the Lessee to assign, mortgage, pledge, sell or give as a guarantee the: vehicle, rental contract, keys, documentation, equipment, tools and/or accessories of the vehicle and/or any part or parts thereof; or treat the vehicle in a way that could cause damage to the Lessor.
- When using the vehicle to transport children, the Lessee shall notify the Lessor, so that the latter can deliver the corresponding unanchored and approved mandatory restraint device with the vehicle, according to the weight and size of the child or person who needs to use it. In no case shall the Lessor be obliged to perform the installation and/or mounting of such mandatory restraint device in the vehicle, and must simply fulfil the obligation to deliver the device to the Lessee. In any case, the Lessor shall be free from any possible liability for personal or property damage that occurs as a result of a breach by the Lessee for the non-use of the mandatory restraint, its installation or misuse by the Lessee, and any possible manufacturing defect of said mandatory restraint device.
- Only the person or persons identified and accepted by the Lessor in the rental contract are authorised to drive the vehicle, provided that they are over 21 o 25 years of age, depending on the group of Vehicle listed in the current General Price List, and that they hold and are in possession of a valid and up-to-date driving licence that is at least two years old.
The lessee agrees:
- Not drive the vehicle in inferior physical conditions caused by alcohol, drugs, fatigue or illness.
- Not use the vehicle for pushing or towing other vehicles or trailers.
- Not use the vehicle to participate in races, sport events or to carry out material
- Not take more passengers than those specified by the manufacturer or permitted by
- Not make transfers between islands or the mainland without prior written authorisation from the lessor.
- Not use the Vehicle and/or let it be used in the following cases: Driving on unauthorised or unpaved roads, or roads with a condition that may pose a risk of damage to the vehicle; paid transportation of passengers; transport of flammable goods and/or hazardous, toxic, harmful and/or radioactive goods or those that violate current legislation, as well as the transportation of goods of a weight, quantity and/or higher volume authorised in the Registration Certificate and/or the Vehicle Inspection Sheet;
transporting any object other than luggage on the roof of the Vehicle; transport of live animals (except pets and/or companion animals, with prior authorisation from the Lessor); with roof rack, luggage carrier or the like other than that supplied by the Lessor.
- To stop the vehicle as soon as possible when any light comes on indicating an anomaly in its function. In this case, the Lessee must contact the Lessor so that they can make suitable arrangements. No repairs will be reimbursed without prior authorisation from the lessor.
- To keep the Vehicle locked when not in use and keep the documents inside it.
- Damages of any kind that the Lessor may experience due to breach of the conditions contained in this article and/or due to use other than that agreed by the Lessor, authorises the Lessor to remove the vehicle from the Lessee and to bill and collect the resulting amounts from the latter in accordance with article 4) of these Terms and Conditions.
- The Lessor reserves the right to terminate the contract if the Lessee does not comply with the provisions of Article 1
ARTICLE 2. State of the Vehicle
- The Lessee acknowledges that he or she
receives the vehicle in perfect mechanical condition and with the appropriate tools, tyres and accessories and undertakes to keep it in good condition.
- It is expressly forbidden for the Lessee to vary any technical characteristic of the Vehicle, the keys, the equipment, the tools and/or accessories of the Vehicle and make any modification to its exterior and/or interior. In case of violation of this article, the Lessee shall bear the cost, duly justified, of reconditioning the Vehicle to its original state and pay an additional sum as compensation for the immobilisation of the vehicle which will be calculated according to the current local rate.
- In case of damage and/or loss of any of the tires (for reasons other than normal wear, incorrect installation or manufacturing defect), the Lessee agrees to replace them immediately, at his or her expense, with other tires of identical characteristics and the same brand and model.
ARTICLE 3. Price, rental period, extensions and return
- The price of the rental is reflected in the rental contract and is set according to the General Price List and the price agreed with the Lessee at the time of signing the contract, depending on the selected price.
The rental price includes the cost of compulsory vehicle insurance, excess liability insurance and the corresponding taxes. This price does not include, when appropriate, the Young Driver surcharge applicable to drivers/Lessees who are in the 21 to 25 year age group. This price does not include the cost of optional insurance and waivers regulated respectively in these Terms and Conditions, the purchase of which by the Lessee, where appropriate, must be expressly made, in which case the prices charged to the Lessee for such items will be added to the total rental price.
- The rental period will be effective from and until the date and time indicated in the contract. The vehicle must be returned to agreed location, on the date and time indicated in the contract. The rental period will be that agreed in the contract, and will be billed based on twenty-four hour periods, starting from the time when the contract is formalised. There is a grace period of 30 minutes, after which an additional day will be charged according to the applicable rental price in the General Price List.
- The return of the Vehicle to a different place than that initially agreed may involve additional charges, according to the General Price List. The service will only be considered as finished when the Vehicle and the keys have been received by the Lessor.
- If, upon return of the vehicle at the end of the rental term, the Lessor, for reasons he or she is responsible for, is not present in the case of vehicle inspection because they left the keys in a box or at reception, or due to non-availability or the return being made outside office hours, and any damage is detected on the vehicle, the Lessor must accept the assessment of the damage based on the inspection made by the rental company's staff, expressly accepting the charges that may be made to his or her credit card.
- If the Lessee wants to keep the Vehicle for a time greater than that initially agreed, he or she must obtain express permission from the Lessor prior to the end of the contract. Express permission is understood as the signing of a new rental contract so it is imperative that the Lessee visits one of the Lessor's rental offices to make the extension. This extension may be denied in the case of vehicle unavailability.
ARTICLE 4. Payments
- The Lessee agrees to pay the Lessor:
- The amount resulting from the application of the General Price List and the price agreed in the rental contract, corresponding to the period, insurance, optional waivers, additional equipment and optional services, according to the stipulated conditions, as well as the applicable taxes and fees.
- The amount corresponding to the damage and/or theft suffered wholly or partly by the Vehicle and which are not covered by the Optional Waivers purchased by the Lessee or when the applicable waiver in each case has not been contracted by the Lessee, as well as damages for loss of earnings due to vehicle immobilisation and damages arising, if any, for breach of article 1 of these Terms and Conditions.
- The amount or difference in value of any spare wheel, tyre, tool, convertible roof or radio system that may be missing from the vehicle at the end of the contract. It is specifically stated that any missing or substituted article is not covered by any insurance policy, and the Lessee is responsible for it. Likewise the loss or breakage of the key and/or loss of the documents will be correspondingly charged for as damages caused to the Lessor.
- The costs of transfer and repair to the vehicle as a result of use of unsuitable fuel.
- The amount corresponding to fines for any violation of the applicable legislation and, in particular relating to the Highway Code, which the Lessee may incur during use of the Vehicle, as well as for charges for late payment by the Lessee and judicial and extra judicial expenses that the Lessor may incur as a result of the above.
- The days the Vehicle is not running as a result of accident, breakdown, loss of keys or documentation and the retention thereof by Public Bodies, due to the negligence by the Lessee at the rate of the rented vehicle type.
- Payment Method: The payment by the Lessee to the Lessor for the amounts mentioned in the Article 4 must be made through credit/debit card or in cash. If payment is made in cash, the Lessor reserves the right to request one or more credit cards from the Lessee by way of Guarantee.
- Deposits. In any case, the Lessor is obliged to provide an amount as a Deposit that equals or exceeds the excess amount applied to different groups or models of vehicles. This deposit may be paid in cash or by credit card. This deposit will be returned upon completion of the contract provided that these Terms and Conditions are not breached.
ARTICLE 4.1. Bookings made via Internet
- To formalise a booking via the internet, a deposit or the total amount must be paid so that the booking is fully confirmed. If you want to cancel that booking, it must be done 48 hours prior to delivery of the Vehicle. If it occurs outside this period, the amount paid will not be refunded.
- To cancel a booking, you can do so by sending an email to firstname.lastname@example.org or by calling +34 971 93 20 38. You must give the booking number and the date of delivery.
ARTICLE 5. Insurance, Liability and Accidents
- The rental rates include the coverage of compulsory motor insurance and excess liability for damages against third parties arising from the use and circulation of the Vehicle. These coverages are guaranteed and are assumed by the insurer that the Lessor has the appropriate insurance policy with, and are subject to the general and particular clauses thereof and the Law. By signing the contract, the Lessee adheres as policyholder to the above-mentioned policy.
- Only drivers expressly accepted in the contract are insured and covered by the compulsory insurance.
- This policy does not cover damage, loss or any other harm suffered by the luggage, goods or articles carried in the vehicle, or damages caused to the Vehicle by theft and/or vandalism.
- In no event shall the compulsory insurance cover damage caused to the Vehicle,
of any category, when is occurs as a result of collision or crash into trees, tunnels, bridges, garages and garage doors, and in general into any other object, as a result of an incorrect assessment of height by the driver.
- In no case shall the compulsory insurance cover damage caused to the Vehicle, whatever its category, when its occurs as a result of driving the Vehicle overloaded, above the limits authorised in the registration certificate and/or technical specifications of the vehicle or driving it in places such as beaches, inappropriate roads, forest roads, mountains, etc., which are not authorised roads and paved roads; damages caused by blows against rocks or any other object and holes in the road; and to the wheels and tires caused by hitting curbs due to parking manoeuvres. The compulsory insurance shall also not cover any damage to vehicles caused by flooding/high water due to weather or any other cause, when the vehicles are left parked in areas of floods, water courses or unpaved waterways, and in any case, when the vehicles is not properly parked on paved areas specifically intended for vehicle parking.
- The compulsory insurance only extends to the length of the rental under this contract. After this period and unless expressly accepted, the Lessor does not accept any liability for accidents or damage that the Lessee may cause, which he or she will be solely responsible for. It also does not cover the cost of obtaining a duplicate and/or delivery of the set of keys, or obtaining a duplicate of the vehicle documents. In no case shall such coverage cover possible charges due to stoppage of the vehicle during the replenishment of the above elements.
- The compulsory insurance coverages does not in any case cover error in refuelling, as well as the resulting costs. (Stoppage, breakdown truck, labour, etc.).
- The compulsory insurance coverages do not apply in the case of breach by the Lessee of any of the conditions listed in article 1 of these Terms and Conditions.
- The Lessees' liability for damage caused to the leased vehicle is limited in the case of accident to an excess according to the current rate. The lessor is exempt from this liability by paying the corresponding premium according to the rate (FW). The days of stoppage (Article 4-6) are not covered by insurance and will be charged the standard rate applied to the type of vehicle rented.
- In the event of theft of the vehicle, the Lessee is bound to present the
corresponding report of theft to the competent authority, and hand it over along with the keys to the Lessor. On the contrary the insurance coverage contracted will have no effect. In no case shall the mandatory insurance cover the total or partial theft of the Vehicle.
- The Lessor agrees to immediately report any accident to the Lessor and to collaborate fully both with the Lessor and the insurance company in the defence of any claim and trial. The lessee will take the following steps at the time of the accident:
- Not recognise or pre-judge responsibility of the accident except in the friendly settlement declaration.
- Obtain full details of the other party, complete the friendly settlement declaration or accident report, and witnesses, which he or she will send along with the accident details (how, place, time, etc.) urgently to the Lessor, communicating by telephone in the event of serious accident.
- Not to leave said vehicle without taking suitable steps to protect and safeguard it.
- In the event of the Lessee failing to comply with any of these measures, the Lessor may claim damages from the Lessee due to the latter’s negligence, even in the event that he or she has agreed to buy the vehicle waiver insurance (FW) which
will be rendered ineffective in this case.
- In case of accident and the Lessee is at fault, the Lessor reserves the right to change the vehicle for another one, even though the contract is not finished, without reimbursement of the days left on the contract. The Lessee will be charged for the fuel used.
ARTICLE 6. Optional Waivers.
- In the General Price List, a minimal amount by the Lessee (excess) is established for damage and/or loss caused to the vehicle, which is not covered by the compulsory insurance.
- FW. Total or partial waiver of the excess payment payable by the Lessee not covered by compulsory insurance.
- TP. Liability waiver for total or partial theft of the vehicle, and damages caused to it by vandalism.
- The FW + TP is a service provided directly by the Lessor which it specifically offers to certain groups of customers and/or vehicles only.
- In no case shall the purchase of the TP + FW cover loss or damage to the key, loss or deterioration of the documents, damage to the underside of the vehicle and roof caused by improper driving, loss, theft or damage related to objects, including luggage, error in refuelling or any of the cases stated in previous articles.
- In no case shall the purchase of these waivers cover the cases in Article 2, as well as breach of Article 1
ARTICLE 7. Maintenance and Repairs
- The normal wear and tear of the vehicle will be covered by the Lessor. In no case may the Lessee claim damages for delay in delivery of the vehicle, cancellation of the rental or immobilisation due to repairs carried out during the rental. The lessor is not liable in any case for bodily injury or property damage caused by construction defects or previous repairs.
- The Lessee must periodically check and replace if necessary the engine fluid levels every 1,000 km driven, deducting the amount paid for it from the final rental price provided that the Lessee submits the corresponding invoice.
- The Lessee is not authorised to order the repair of the Vehicle, unless expressly authorised by the Lessor. In this case the Lessee must submit a detailed invoice of the repair made.
ARTICLE 8. Fuel
- The fuel consumed by the Vehicle during the rental period will be payable by the Lessee.
- The Lessee agrees to return the vehicle with the tank as it is delivered.
No refunds shall be given for fuel, so the vehicle must be returned with the same tank level at the time of its rental.
- The Lessee must refuel the vehicle with the appropriate fuel type. In case of refuelling the vehicle with the wrong fuel, or contaminated fuel containing water or other components, the Lessee shall be responsible for expenses incurred for the transfer and/or for the repair of damage caused to the
vehicle. Also in such cases, the Lessee shall pay Lessor the respective lost profit
for the immobilisation of the vehicle. In no case shall it be covered by the coverages set forth in these Terms and Conditions.
ARTICLE 9. Validity of the Contract
- These Terms and Conditions, and the clauses of the rental contract, may only be modified by written agreement signed by both parties. Without which it will be null and void.
ARTICLE 10. Applicable Law and Jurisdiction
- This contract shall be governed by and interpreted in accordance with the laws of the country in which it is signed. The questions that arise under this contract between the Lessor and Lessee are within the jurisdiction of the Courts of Ibiza, to which both parties submit.
ARTICLE 11. Data Protection
- The representatives of the two parties acknowledge that they have been informed in the terms established in Law 15/99 on Data Protection and consent to the personal data reflected in this Contract being incorporated into the respective personal data files of each party, with the address provided in the header of the contract, with the main purposes of complying with the purpose thereof. The data subjects may exercise their rights of access, rectification, cancellation and opposition by writing to the signatories to the addresses contained in this document, or those that replace them.
- The representatives of the two parties agree that the data collected may be communicated to the bank, debt collection agencies, as well as the organisations necessary for the performance of the service and, in the case of accident, the brokerage and insurance company for management thereof.