TERMS & CONDITIONS
According to the rental agreement, that has attached this terms and conditions document. The company (from now on the rental company) leases the vehicle described in such agreement (from now on the vehicle) to the renter, following the terms and conditions specified is the own agreement, and likewise in the terms and conditions described below. By means of his/her signature on the rental agreement, the renter claims to have read and to agree with alt the term and conditions of such agreement and this document and is obliged in comply by it.
1. RENTER´S REQUIREMENTS:
The renter, so as the additional drivers, should fulfill these requirements during the whole period of duration of this agreement. The requirements are the following: to be over 21 years old and less than 75 years old and to hold a valid driver´s license at least with a year antiquity. Ta have a credit card(s), with limits sufficient, in opinion of the car rental company that guarantees the rental, any prorogue, possible damages caused to the vehicle, or any indemnification that could be derived from the rent of the vehicle. The renter needs to sign an authorization in sate invoice, in order to guarantee the above.
2. UTILIZATION OF THE VEHICLE:
The renter recognizes that he/she receives the vehicle in perfect condition of conservation and cleaning, with same of fuel, with all the tires and the necessary documentation. Likewise recognizes that the vehicle was delivered with the following accessories: spare tires tools and radio/cd. The renter agrees to keep the vehicle in good stale and, especially, without violating any at the requirements that may figure in other clauses of the agreement such as.
a) The renter must use the vehicle decently and respect all traffic laws. Any negligence by not respecting the road signals wilt not be covered in the insurance that has been applied as far as own damages of the vehicle rented.
b) Without limiting the above paragraph, not to drive the vehicle under the influence of alcohol, drags on any other mind or physical altering substances.
c) Not to use the vehicle for any illegal activity.
d) Not to permit any unauthorized drivers to take control of the vehicle, but the own renter on additional drivers that are specified in this agreement.
e) Not to take more passengers than specified by the vehicles manufacturer or more than permitted by law, nor transport animals.
t) Not to use the vehicle to move, to push or to tow other vehicles, trailers or objects.
g) Not to drive by roads or other places that, by the deficient state in which they are found, can cause damage to the vehicle.
h) Not to use the vehicle for competing, training or testing.
i) Not to use any fuel not in accordance with the manufactures vehicle specifications.
j) The vehicle must be parked and locked when not in use.
k) Not to use the vehicle neither to transport merchandise of any type (except for industrial vehicle, which may transport merchandise provided that all laws are respected) nor to mount a roof rack without authorization.
I) Not to alter any form the odometer of the vehicle,
m) It is not allowed to take the vehicle outside the mainland Spanish territory or outside the island where it was rented.
n) Not to use the vehicle for public transportation of passengers, neither to give driving courses, neither to dedicate it to any type of activity that imply sub rental of the vehicle.
3. RETURN OF THE VEHICLE:
The renter should return the vehicle in perfect condition, with all its documentation and tires, with all the accessories that were in the vehicle at the time of rental, and to return the vehicle in the same rental office where the vehicle was rented unless another return location appears in the agreement. The return of the vehicle should take place on the date and hour that is specified in the agreement, any change or extensions during the rental must be approved in writing by the rental company and signed by the renter. The rental company reserves the right to have the vehicle returned at any time during the rental period if its use violates the rental agreement. The renter commits himself to give back the vehicle with the deposit of gasoline or fuel of the same quality and amount that was handed over to him at the beginning or, in its defect, commit himself to pay the amount of the gasoline or fuel, be clean when returned, similar as it was handed over at the beginning. For that reason the credit card could be charged if required.
4. PAYMENTS:
The renter agrees explicitly to pay to the renter:
a) The mileage charges for exceeding any distance caps, according to the valid rates specified in the rental agreement. Such mileage charges will be calculated from the vehicle odometer reading. In the case where a credit or charge card has been used as a security payment for the rental, the renter authorizes the rental company to charge any and all amounts due in accordance with these agreements, to the credit or charge card.
b) The time charges are determined by the length of the rental and rates specified on the rental agreement.
c) Drop off charges may apply if returned to another city or location other than agreed to in the rental agreement.
d) The renter will assume all responsibility for any and all damages, losses or theft of the vehicle unless otherwise indicated in section 5 pertaining to insurance coverage or damage waivers.
e) The repair expenses for damages to the vehicle assuming the vehicle is used according to the terms of the agreement (x) the responsibility of the renter will not exceed the vehicle replacement cost to a maximum of the value of the vehicle and (xx) that responsibility will not be applicable, but in the value corresponding to the applicable excess/deductible applicable to the type of vehicle in the agreement, if the renter has bought the optional coverage that cover such risks, as indicated in section 5.
f) The cost of all damages caused by the theft of the vehicle, assuming that the vehicle is used following the terms on the agreement (x) the responsibility of the renter will not exceed the vehicle replacement cost to a maximum of the value of the vehicle and (x) that responsibility will not be applicable, but in the value corresponding to the applicable excess/deductible applicable to the type of vehicle in the agreement, if the renter has bought the optional coverage that cover such risks, as indicated in section 5.
g) The cost of the fines, parking tickets, judicial expenses and extrajudicial, aroused from improper parking, violations of the traffic law or norms of transportation or any other types, directed against the vehicle, the renter or he rental company daring the time of the rental period may be applicable to the renter. The amount of 30 euro´s will be charged, as a service fee for each received fine, during the rental.
h) The cost or difference of the cost of every spare tyre, tools accessories documentation, keys or radio-cd that at the end of the rental are missing from the vehicle or have been substituted, being replaced that such missing items or substitutions are not covered by insurances. The renter shall assume any and all responsibility.
i) In case that the renter does not give the vehicle back with the same amount of fuel of the same quality with which he received it, the corresponding amounts of fuel that lacks to complete the deposit will be charged, according to the tariff applied by the rental company, plus the tilling up service.
j) All taxes that might apply on the agreement.
k) The charges corresponding to additional driver(s) and airport fee, if applicable.
l) In case of complete damage the rental company charges the necessary period of paralisation for its repair. This period is a maximum of 30 days and charged at the official rate.
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5. COVERAGES:
Third party liability insurance: The renter and any authorized drivers are coverage by vehicle insurance, of which copies are available to the renter at the rental office. This third party liability insurance covers unlimited damages to third parties. It does not cover: (a) contractual responsibilities (b) lost of damaged luggage or merchandise or personal items (c) personal injuries to the renter and/or drivers (d) own damages (e) injuries caused to the renter by robbery of the vehicle. The renter accepts the terms and conditions of such insurance. Theft protection: (TP) the renter will remain free of responsibility for the theft of the vehicle as referred to in section 4, but in the amount of the excess/deductible set for each group, if the vehicle was used according to the terms and conditions of this agreement, and would have bought this coverage, paying the respective charge and signing for this option in the corresponding box on the rental agreement. The responsibility will only be taken off if the renter makes the corresponding denunciation before the competent authority handing over the original game of keys of the vehicle within 24 hours. Collision Damage Walver (CDW): The renter will remain free of damages referred to in section 4, limited to the amount of the excess/deductible set for each group, if the vehicle was used according to the terms and conditions of this agreement, and would have bought this coverage, paying the respective charge and signed for this options in the corresponding box on the rental agreement.
ADDITIONAL COVERAGES:
a) Personal Accident Insurance (PAI). The renter may accept this coverage for personal injury protection by signing the corresponding box on the rental agreement and by paying its respective fee. A copy of the terms and conditions of this coverage is available at the rental office.
b) CD Wand TP plus: The renter will be free of the responsibility for the respective excess/deductible charges to the COW and TP, provided that the vehicle is used according to the terms and conditions of the agreement, in case of having bought this additional coverage by paying the fees and signing in the respective box on the rental agreement. These two coverages are sold jointly.
6. ACCIDENT AND DAMAGES TO THE VEHICLE:
The renter agrees to inform the rental company immediately at any accident or damage caused to the rented vehicle that may occur and to immediately provide any and all documentation and information relating to the accident, including third party insurance information, and any other pertinent matter that may aide in an investigation or defense of any complaint and process. Obligatory is the presentation, with a maximum deficiency from the event of 24 hours, of the part of accident of damages made on behalf of the renter. In the event of an accident, the renter will take the following measures.
a) To obtain the complete data of the persons who have intervened in the accident, as well as any possible witnesses.
b) To immediately contact the rental company with the information referred to the previous paragraph.
c) To notify the authorities immediately, so that third parties may be investigated or in the event of personal injury.
d) Not to abandon the vehicle without taking the proper measures to protect it. In case of failure on the part of the renter of any of these measures, the renter will be liable for any loss or damage caused by negligence, which also voids any optional coverage that may have been accepted.
The insurance will not cover the damages caused to windows, radio, wheels, damages under and inside the car, lost key, wrong petrol, as well as accidents or fails due to due to an illegal driving, in which case the client will be the responsible. Insurance does not cover damages caused to the car in private or public parking lots. Any damages caused are paid in full by the renter. In any of our branches the renter can request a price list of the above mentioned concepts, depending of the car rented.
7. MAINTENANCE AND REPAIRS:
In the event that the renter pays for mechanical repairs, not due to inexperience or mistreatment of the vehicle, the rental company will reimburse the renter of all expenses provided the renter has proper receipts and previous authorized by the rental company.
8. ADDITIONAL DRIVER:
The additional drivers that appear on the rental agreement declare to know and to accept explicitly the conditions of such agreement, being constituted voluntarily in faithful guarantors of the renter for the payment of all obligations aroused from the agreement, signing in test of conformity on such agreement.
9. RESPONSIBILITY:
The rental company, provided that lacking the proper precautions and carrying out all that is needed to prevent such possibility, will not be responsible for mechanical failures of the vehicle, neither the damages delivered from such failures, neither is responsible for the expenses, delays or damages of some way produced, directly or indirectly, as consequence of such failures or damages.
The renter relieves the rental company of all responsibility of any loss or damages to any personal belongings or items left in or out of the vehicle, before, during and under the rental period.
10. JURISDICTION:
For every controversy or lawsuit derived from this agreement, from its interpretation or execution, both parties, denying its own statute, if another statue should correspond, they are submitted explicitly to the jurisdiction of the judges and courts of the city in which the office is located, in which the vehicle was rented.
11. JURISDICTION:
In agreement with the established in Statuary law 15/1999, 13 of December, Protection of Personal Character data, we inform about the incorporation of your personal details information a file of PETER NILSSON S.L, with the purpose of facilitating the service of rent and/or sale of vehicle. Also, we communicate that GOLF-SERVICE (PETER NILSSON S.L) has adopted the measures of technical and organizational that guarantee the security of the personal details and avoid their alteration, loss, treatment or non authorized access, all in accordance with the established in Real Decree 1720/2007, of 21 of December, by that the regulation of development of the Statutory law of Protection of Data is approved. The renter can notify GOLF-SERVICE (PETER NILSSON S.L) not to receive any further commercial communications of our company by contacting at the following address:
Plaza de las Orquideas
Edif. Orquidea - Local 6
29600 Nueva Andalucía - Marbella
Malaga.
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