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11 April 2008
Car rental terms - Marbesol.com
"Extension of rental contract.- Should the driver of the vehicle wish to extend the rental contract and he/she is not near an opened office or agency, he/she is obliged to send a fax to one of the company's rental offices in order to apply for it; the office will confirm an authorization for such extension also by fax. In case the extension has been rejected, the client shall hand over the vehicle in the following twenty-four hours after having received the refusal of the extension and at the same place where the rental of such vehicle was accomplished".
"The insurance you take out covers the damages caused to the rented vehicle. However, the client shall pay part of the aforementioned insurance according to the prices shown at the back of this document".
"ADDITIONAL WARRANTY.- The client shall sign herein a hire invoice of the credit card which shall be left in blank in order to pay the rental company in case of contract extension, damages or any other compensation which could arise out of the rental of the vehicle. This shall be satisfied by the client and such a warranty shall be considered as irrevocable".
"In case the rented vehicle needs to be repaired due to an accident and therefore can´t be used, the client shall add to the agreed rental price the amount of thirty rental days maximum (rental/day price). The additional period of time added to the client's invoice will be the necessary to repair the vehicle and thirty days shall be considered the maximum".
MARBESOL (hereinafter called "rental company") rents the vehicle shown in the contract (hereinafter called "vehicle") to the people identified in the contract as drivers and/or payers (hereinafter called "client") in compliance with the clauses and terms contained in the present document as well as in its enclosures and according to the current General Rates (copies of this document are at the disposal of the client in the rental office) and with the price stipulated within the rental contract upon the basis of the selected rate.
ARTICLE 1: USE OF THE VEHICLE
• The client undertakes to use and drive the vehicle in compliance with the basic traffic laws and according to the specifications of use of the vehicle.
• The client undertakes not to drive the vehicle nor to allow others to use it in the following cases:
• Remunerated transport of passengers.
• To push or tow any vehicle or any other object, wheeled or not.
• To take part in competitions, official or not, nor to test materials, spare parts or any car products (except as otherwise provided by the rental company).
• To drive under the influence of alcohol, drugs or any other type of narcotics.
• Transportation of goods which infringes the law or the legal provisions in force or with illicit purposes.
• Transportation of more passengers than the number authorized and under the terms of the Traffic Licence and/or the Vehicle´s Technical Specifications Card.
• Transportation of more goods (in weight, quantity or volume) than the authorized under the terms of the Traffic Licence and/or the Vehicle´s Technical Specifications Card.
• Transportation of inflammable or dangerous merchandises, as well as toxic, injurious and/or radioactive products.
• Transportation of living animals (except pets, subject to the authorization of the rental company).
• With roof rack, luggage rack or similar different from those provided by the rental company.
• The client shall be liable to distribute and fix in a secure and correct way the merchandises transported in the vehicle-loading van.
• Only the person or persons identified and accepted by the rental company within the rental contract and/or any enclosure of it will be authorized to drive the vehicle, provided that the drivers shall be at least twenty-one years old or more than twenty-five years old according to the group of vehicle they rent, as it is shown in the current General Rates document. They will need to have a driving licence in force minimum for one year.
• The client shall undertake to keep the vehicle closed when this is not being used and to keep its documents inside.
• It is hereby specifically prohibited for the client to assign, rent, mortgage, ignore, sell or pled the following: the vehicle, the rental contract, the keys, the documents, the equipment, the tools and/or the spare parts of the vehicle as well as any part or piece of it; or to treat any of the above elements in a harmful way to the rental company.
• The client shall stop the car as soon as possible in case any warning light of the dashboard (those detecting any anomaly related to the vehicle's working) lights up being the vehicle in motion, or when the client notice any external sign which would indicate a breakdown or bad working of the vehicle. In such a case, the client shall contact the rental company or the road assistance company arranged, and only with those. Any charge from a different assistance company will only be accepted in case of emergency and when the rental company specifically authorizes it.
• The use of the vehicle (car) shall only and exclusively be allowed on the Costa del Sol and it will be subjected to the written authorization of the rental company.
• The use of the vehicle (van) shall only and exclusively be allowed on the Costa del Sol. In case the vehicle shall be used in other cities, it must be so written in all the copies of the contract.
• The transportation of the vehicle on board of a ship, train, truck or airplane (except as otherwise provided in writing by the rental company).
• Any damage of any nature which could suffer the rental company by the grave non-compliance of the terms gathered in the present article and/or by any different use than the one agreed with the client shall authorize the rental company to take the vehicle away from the client and to invoice and charge to the latter, after a receipt of report in writing to the client, the duly justified amounts corresponding to the repair of the aforementioned damage which shall be calculated in compliance with the criterions shown in the article 4.1. b) of the present General Terms.
ARTICLE 2. VEHICLE'S CONDITIONS.
2.1. The rental company delivers the vehicle to the client in apparent good condition of working, clean, without any external damage, having passed the rental company tests, and with all the wheels (including the spare wheel) in good conditions and without any puncture. In case of deterioration and/or loss of any of the wheels (for a reason different to the normal wear, defective assembly or manufacture defect), the client shall undertake to replace it immediately on her/his own charge, by other wheel of identical characteristics and same make.
2.2. It is hereby expressly prohibited for the client to change any technical characteristic of the vehicle, its keys, its equipments, its tools and spare parts as well as to carry out any modification of the inward and/or outward appearance (except as otherwise provided in writing by the rental company). In case of infringement of this article, the client shall meet the duly justified expenses of reconditioning the vehicle to its original form as well as to pay an amount of money as compensation to the rental company for not being able to use the vehicle. This amount of money shall be calculated in compliance with the criterions shown in the article 4.1. b) of the present General Terms.
ARTICLE 3. PRICE, TERM AND EXTENSION OF THE RENTAL.
3.1. The price of the rental shall be the one expressed in the rental contract and it shall be established upon the basis of the current General Rates document (concerning services, taxes and insurances and/or optional exemptions) and the price agreed with the client at the moment of putting the rental into effect, according to the selected rate.
3.2. The price of the rental includes the cost of the vehicle´s mandatory insurance alongside the voluntary public liability insurance and its corresponding taxes. However, it does not include the price of the optional insurances and exemptions regulated respectively in the article 6 of the present General Terms. In case the client wish to contract the optional insurances, it shall be signed up expressly and the prices charged will be added to the total price of rental.
3.3. The rental term shall be the one agreed in the contract, and it shall be invoiced upon the basis of twenty-four-hour periods to be counted from the time at which the contract has been entered into. A courtesy period of fifty-nine minutes exists after which one additional day of rental shall be invoiced.
3.4 . In case both parties agree to extend the rental contract or in case the vehicle shall be returned later than the arranged date, the price to be applied shall be the one indicated at the current General Rates document .
3.5. The deposit or amount of money paid at the beginning of the rental could never be used
as a way to extend the rental contract. In case the client should keep the vehicle for a longer time than the initially agreed, the client shall undertake to obtain previously a specific authorization of the rental company as well as to pay immediately the additional deposit of such an extension.
3.6. The client undertakes to return the vehicle to the rental company at the same day, time and place agreed within the rental contract. The return of the vehicle in a different place of that initially agreed could involve additional charges as it is said in the rental contract, in compliance with the current General Rates document. The service shall only be considered as finished once the vehicle and its keys have been handed over to the rental company.
ARTICLE 4. PAYMENTS.
4.1. The client undertakes to pay to the rental company:
• The amount of money that results from applying both the current General Rates and the price agreed within the rental contract corresponding to the duration, insurances, optional exemptions, additional equipment and complementary services according to the provided conditions as well as the charges and taxes where applicable.
• The damages and/or thefts sustained total or partially in the vehicle and not included within the exemptions arranged by the client as indicated in article 7 herein or in case the exemption to be applied in each case have not been contracted. Clients will also have to pay a compensation for immobilizing the vehicle calculated in compliance with the number of days needed for repairing it upon the basis of the corresponding bill. The contracted rate per day shall be used in order to calculate such amount. The maximum responsibility of the client shall be the market value of the vehicle, according to the maximum price settled in the statistics gazette of the Asociación Nacional de Vendedores de Vehículos a Motor, Reparación y Recambios (Spanish Association of Sellers of Motor Vehicles, Repair and Spare) (Ganvam Bulletin) in force at the moment of the incident.
• The amount of money resulting from the vehicle´s transfer and/or its repair due to the damages caused by using inadequate fuel, infringing article 9 of the present General Terms. This amount shall be calculated according to section b) above.
• The amount of money corresponding to the fines for any infringement of the law in force and to be enforced, specially the law relating to the Highway Code, during the use of the rental vehicle. Moreover the client will have to pay the surcharges in case he/she delays the payment as well as the judicial and extra judicial charges in which the rental company could have incurred as a result of the above, except those of which the rental company is directly responsible as owner and holder of the vehicle.
4.2. Payment of the amounts reported in paragraph 4.1. above shall be made by credit card or cash. In this last case, it shall be in currency accepted by the rental company and according to the market exchange at the moment of the invoicing (in compliance with the TELERATE database).
ARTICLE 5. VEHICLES' INSURANCE.
5.1. The rental prices include the public liability and mandatory insurances with unlimited guarantee for damage and prejudicial consequences to the third party arising out of the use and driving of the vehicle.
5.2. The aforementioned insurances are guaranteed and assumed by the underwriter/insurer with whom the rental company has concerted the corresponding insurance policy; and the covers stand subjected to what has been agreed in the general and particular conditions of the policy and to the law in force.
5.3. By signing the rental contract, the client stands adhered as insured to the above mentioned policy, one copy of which shall be available to be consulted in all Marbesol offices.
5.4. This policy does not cover damages, loss or any other prejudices suffered to the luggage, merchandise or personal objects transported in the vehicle, nor the total or partial loss nor damages suffered in the vehicle by robbery and/or vandalism and/or traffic accident.
ARTICLE 6. OPTIONAL EXEMPTIONS.
6.1. CDW
Collision damage waiver
• The CDW is an optional service rendered directly by the rental company. If the client agrees to contract this service, he/she will be exempt from the economic responsibility in case of thefts or damages caused to the vehicle in traffic accidents, excluding damages caused by acts of vandalism.
• Not contracting the CDW involves the economic responsibility of the client for the damages caused to the vehicle as well as the compensation for immobilizing the vehicle, in compliance with article 4.1. b) of the present General Terms.
• The CDW only covers the damages caused to the vehicle within an accident as far as the client duly fill in the accident report, on which must clearly appear the details of the vehicles and drivers involved in the accident as well as the conditions and circumstances in which the accident happened.
6.2. THW
Theft Waiver
• The THW is an optional service rendered directly by the rental company. If the client agrees to contract this service, he/she will be exempt from the economic responsibility in case of total or partial robbery of the vehicle or in case of damages caused to it by these reasons and/or by acts of vandalism.
• Not contracting the THW involves the economic responsibility of the client for the damages and/or the loss due to the total or partial robbery of the vehicle as well as the compensation for immobilizing the vehicle, in compliance with the article 4.1. b) of the present General Terms.
• The THW is only applicable when the client hands over to the rental company the vehicles' keys without having been manipulated (the original set of keys delivered at the moment of entering into the rental contract) as well as the original copy of the incident report given by the relevant authority.
6.3. CDW and THW exemptions: specifications
• The current General Rates document says that if the repairing costs in case of damages and/or loss caused to the vehicle don´t exceed a minimun amount, they will be charged to the client and won't be covered by the CDW nor the THW.
• The CDW will never cover damages caused on the upper part of the vehicles´ bodywork, whatever the damage may be, when those are produced as a consequence of a collision or clash against trees, tunnels, bridges, garages and garage entrances and against any other object in general if they have happened due to the wrong calculation of the driver.
• The CDW will never cover damages caused on the lower part of the vehicle, neither in its wheels nor tyres, whatever the damage may be, when those are produced as a consequence of driving the vehicle overcharged, above the limits authorized by the Traffic Licence and/or the Technical Inspection Card of the vehicle or driving the vehicle into not authorized roads with asphalt such as beaches, inappropriate roads, forest ways, mountains, etc. Neither will it cover damages produced by bumping against stones or any other object, holes found on the road nor the damages made to the steel tires and tires by bumping against sidewalks when parking.
• The CDW and THW are not applicable in case the client doesn't fulfil the conditions described in article 1 of the present General Terms.
• The CDW and THW are not applicable in case the repairing costs of the damages or partial robbery shall be inferior or equal to the settled minimun amount stated in the current General Rates document for each category and/or group of vehicle. Such costs, up to the minimum amount, shall always be charged to the client.
• The CDW and THW are not applicable in case the client does not hand over to the rental company the corresponding document duly filled in (police and/or accident report) in a maximum period of forty-eight-hours (except in case of force majeure), from the date in which the incident happened.
• Neither the CDW nor the THW will never cover the loss, stealing or damages related to objects and goods, including luggage or merchandise, transported, deposited or held in store inside the vehicle by the client or any other of its occupants.
• When, in compliance with the present General Terms, the CDW and the THW exemptions are not applicable, the client shall be responsible for the payment of all the repairs carried out to the vehicle as well as a compensation for immobilizing the vehicle, according to section 4.1. b) of the present General Terms.
• Rental prices cover the loss and damages of the vehicle in case of spontaneous fire of it, when this shall not be produced as a consequence of a traffic accident, total or partial robbery of the vehicle or acts of vandalism, in that cases shall be applicable the condictions disposed within the present article.
6.4. FW
Minimum Waiver.
• The FW is an optional service rendered directly by the rental company. If the client agrees to contract this service, he/she will be exempt from the payment of the minimum amount on her/his charge (franchise) for the damages and/or loss caused to the vehicle not covered by the CDW neither the THW; the amount of the franchise is stated in the current General Rates document and it can appear on the rental contract even though the FW has been contracted.
• In case the CDW and/or the THW are not contracted or the requirements specified in article 6.3. above are not met, the FW is not applicable.
ARTICLE 7. MAINTENANCE AND REPAIRS
7.1. The mechanical wear due to the normal use of the vehicle is assumed by the rentalcompany. In case the vehicle stands immobilized by mechanical breakdown, the client shall contact the rental company or the road assistance company concerted by the rental company and only those. Invoices charged by any assistance company different from our road assistance one shall uniquely be accepted in case of emergency and if the rental company has specifically authorized it.
7.2. The client must periodically check and replace if necessary the levels of motor liquidevery 1,000 kilometres travelled. In case of liquids replacement, the client shall provide the corresponding bill, whose amount shall be deducted from the final rental price.
7.3. The client is not authorized to order the repair of the vehicle, except as specificallyauthorized by the rental company. In this case, the client shall provide the detailed bill of the repair made.
ARTICLE 8. FUELS
8.1. The fuel consumed by the vehicle during the rental period is on the clients account.
8.2. The client shall refuel the vehicle with the correct type of fuel. The client shall be responsible for the costs caused by transferring and/or repairing the damages produced in the vehicle by using inadequate fuel otherwise.
8.3. The client undertakes to return the vehicle with the same level of fuel. The fuel missing plus an additional charge as refuelling services shall be charged to the client otherwise.
ARTICLE 9. MODIFICATIONS OF THE RENTAL CONTRACT.
The present General Terms, as well as the remaining clauses of the rental contract, shall uniquely be modified by means of agreement in writing signed by both parties.
ARTICLE 10. APPLICABLE LEGISLATION AND JURISDICTION.
10.1. The present contract shall be ruled and interpreted in compliance with the laws ofthe county in which it has been signed.
10.2. The questions raised owing to this contract between the client and the rental company concern to the Spanish courts and tribunals or any other town of the Costa del Sol (Málaga, Spain) with which both parties comply. |
