RENTAL AGREEMENT CONDITIONS
DOCUMENTATION TO BE SUPPLIED AT TIME OF VEHICLE DELIVERY AND AGE REQUIREMENTS
INCLUDED IN THE RENTAL PRICE:
- When picking up the vehicle, the driver must present the booking voucher, their driver’s license and a valid national identification card or passport.
- Payment Conditions:
- A valid credit card (VISA or MasterCard) as exclusive means of payment, which must be in the name of the person listed as the main driver in the Rental Agreement.
- In the case of special or high-end vehicles, a hold of 1800 euros will be placed on the credit card to guarantee the rental.
- Payment with Diners Club or American Express will not be accepted.
- Minimum rental age is 21 years and maximum is 75. Driver must hold a valid driver’s license and have held said license for at least 1 year.
- Drivers under 25 years of age or with a driver’s license between 1 to 4 years old will pay an additional sum of 4 euros per day (a minimum of 12 euros and maximum of 48 euros per agreement) and will have access to vehicles in categories A, B, C, D and E.
NOT INCLUDED IN THE RENTAL PRICE:
- 24 hour airport service
- VAT, fees and local taxes.
- Damage (CDW) and theft coverage with excess, (consult "not included" in the amount of the excess).
- Car passanger insurance
- Two-hour courtesy window for returning the vehicle.
- After hours: You have the option to pick-up your vehicle at any time, 24h a day. However, vehicles picked-up between 23:00h and 07:00h, outside of standard office hours, will incur an additional charge of 35 euros per vehicle. Reservations outside of standard office hours, i.e. between 23:00h and 07:00h, will only be handled at our Málaga Airport office and it is essential that you provide your flight number.
- Additional driver: It is possible to add additional drivers that will be covered equally by insurance. However, there will be an additional charge of 4 euros per each additional driver up to a maximum of 3 additional drivers per Rental Agreement (minimum 12 euros and maximum 48 euros for each one). All Customers and/or authorized drivers will be jointly liable for all Customer obligations arising from the agreement and the laws applicable within said agreement.
- Direct Returning Service: 40€ per rental. We deliver the car full of fuel and must be returned full.
- Desk Express: 15 euros per rental. Arriving at our offices go to Desk Express and avoid queues and waiting.
- Car seats: 4.5 euros per day per car seat delivered per agreement (minimum 13.5 euros and maximum 54 euros for each). Their installation will be the Customer's responsibility.
- GPS: 5 euros per day (minimum 15 euros and maximum 50 euros per agreement).
- Travel insurance: Vehicles provided by Marbesol may only be driven on the Iberian Peninsula, except for Gibraltar and Portugal, and must be returned to our offices in Marbella or at the Málaga Airport. If you wish to travel to Gibraltar or Portugal, you must purchase additional insurance at 8 euros per rental day (minimum 24 euros and maximum 90 euros per agreement).
- Deposit: The amount of the deposit varies depending on the type of vehicle. The maximum amount the Customer is responsible for in case of damage caused to the vehicle varies.
- Groups A, B, C, C1, C2, C3 (deposit of 1000 euros)
- Groups D, E, E1, E3, F, F1,F2,F3, G1, G, H, I, I1, K, K1, L1, N, O, P, P1, P2,P3,P4,P5, Z, Z1 (deposit of 1200 euros)
- Groups R,R1, S, S1, T, T1, T2, U (deposit of 1500 euros)
A hold for the amount will be placed on the credit card as a deposit at the time of vehicle delivery in order to guarantee that damages are covered in case of incident/accident. Otherwise, they would be covered by the SC. If the Customer returns the vehicle in the same condition it was picked up, the hold will be released. In the case of damages incurred, said deposit will be charged.
In case of accident or damage to the vehicle, it is mandatory that the Customer fill out an accident/damage report and submit it to our office. Additionally, in the case that the vehicle is stolen, the Customer is required to report it to the police and submit the report to our office. Marbesol is not liable for any applicable fees charged by your bank. We offer you the option of full coverage to reduce or even eliminate the deposit.
For each handling of accidents or damage that Marbesol has to perform, there will be an additional 50 euros (VAT included) charged to process the paperwork related to the accident. If insurance determines that the Customer was not at fault, the 50 euros (VAT included) will be refunded.
- Partial or total damage insurance: The collision damage waiver (CDW) does not, in any case, include damage to tires, rims, hubcaps, the interior of the vehicle, interior or exterior rear view mirrors, windows, locks, underside, clutch, engine, crankcase, catalyst or radiator. Nor does it include costs related to recharging the battery, replacing lost keys, towing, taxis used following an accident or errors made in selecting the type of gas used when refueling the vehicle, nor does it include the deposit on a replacement vehicle or compensation for the downtime a vehicle experiences until repaired. There is additional insurance that can be acquired at the time of rental car delivery to partially cover these risks.
- Full Coverage: Damage to wheels, glass, clutch, underside and battery, and towing services, fueling errors and loss of keys (**) are covered at a cost of:
- 19 euros per day (minimum of 57 euros and maximum of 247 euros per rental) for groups A, B, C, C1, C2 and C3
- 21 euros per day (minimum of 63 euros and maximum of 273 euros per rental) for groups D, E, E1, E3, F, F1,F2,F3, G1, G, H, I, I1, K, K1, L1, N, O, P, P1, P2,P3,P4,P5, Z, Z1
- 25 euros per day (minimum of 75 euros and maximum of 390 euros per rental) for groups R,R1, S, S1, T, T1, T2, U
(**) Deposits to be made depend on the optional insurance selected:
PURPOSE OF THE RENTAL AGREEMENT
- Without full coverage, a deposit of between 1000 and 1500 euros per rental will be made.
- By acquiring full coverage, there will be no need to make any deposit.
- Marbesol could modify some of these points in case it is considered necessary to guarantee the safety of the vehicle.
The rental of a car is not necessarily tied to any particular vehicle but to a group of similar vehicles with similar technical and comfort features.
The Customer acknowledges receiving the vehicle as described in the agreement, clean and with maintenance and operating conditions, damages, fuel level and auxiliary equipment specified, which if not referenced the vehicle is to be considered suitable for use.
DURATION OF AGREEMENT
The duration of the Rental Agreement will appear on the front, specifying the date and time of delivery and return of the vehicle.
A rental day refers to a period of 24 hours beginning with the release of the rental plus a grace period of 120 minutes for the vehicle's return.
The maximum duration of the Rental Agreement will be 89 days.
If the Customer decides to terminate the rental before the date specified on the Rental Agreement, they will not be reimbursed for an early return.
Additionally, if Marbesol unilaterally terminates the rental prior to the date specified on the Rental Agreement for reasons not attributable to the renter, and formally requests the return of the vehicle and it is delivered, the Customer is entitled to receive compensation from Marbesol in an amount corresponding to double what was paid for the remaining days the vehicle would have still been in use under the Rental Agreement.
USE OF THE VEHICLE
The Customer promises to maintain the vehicle in good condition and, in particular, without prejudice to the obligations that may be contained in other provisions of this Rental Agreement, such as:
- Diligently use and operate the vehicle, respecting Traffic Laws, Circulation of Motor Vehicles, Road Safety Measures and all other applicable regulations. Any damage to the rental vehicle caused by negligence or failure to abide by the rules will not be covered by insurance.
- Without limiting the generality of the provisions in the preceding paragraph, the vehicle may not be driven while under the influence of alcohol, narcotics, psychotropic drugs, stimulants or other similar substances nor in states that diminish one's ability to drive, such as fatigue or illness, nor may the vehicle be driven by one who is in a similar state.
- Do not use the vehicle for illegal purposes.
- Do not allow the vehicle to be driven by anyone other than the Customer or additional drivers specified on the front page of the Rental Agreement.
- Do not carry more passengers than those specified by the vehicle manufacturer or permitted by law, or transport animals.
- Do not use the vehicle to move, push or tow other vehicles, trailers or objects.
- Do not drive on roads or in other places that, given their poor condition, may cause damage to the vehicle.
- Do not use the vehicle in competitions, contests, training or resistance testing of materials, accessories or automotive products.
- Do not use gasoline or another fuel of a certain quality or with characteristics that are not appropriate or do not conform to the manufacturers' specifications for each type of vehicle.
- Properly park and lock the vehicle when not in use.
- Do not use the vehicle to load or transport goods of any kind, or install a roof rack without authorization.
- Do not manipulate the vehicle odometer in any way.
- Do not use the vehicle for the public transport of passengers, or to provide driving courses or courier services, or for the delivery of goods, or for commercial or industrial activities, or for any activity that involves subleasing the vehicle.
- Do not transfer the vehicle off the Iberian Peninsula (excluding Gibraltar and Portugal) unless prior written authorization to do so has been obtained from Marbesol.
- The Customer must have been in possession of a valid driver’s license issued by Spain for a minimum period of 4 years (or 1 if they have paid the corresponding fee) prior to rental, with the Customer being directly responsible for these facts, thus maintaining the indemnity of Marbesol under any and all circumstances.
The Customer is directly responsible for any damage to the vehicle or to third parties in the case of the vehicle's misuse.
Any occurrence which violates the provisions of this Rental Agreement shall be construed as vehicle misuse in which case the Customer will be liable for all damages caused to the vehicle as well as any damages or harm caused to Marbesol.
RETURNING THE VEHICLE
The return of the vehicle shall occur at the branch, at the date and time stipulated on the Rental Agreement. The vehicle will be returned by the Customer in the same condition in which it was rented, along with all documents, auxiliary equipment, tires, tools and accessories.
The Customer may not alter any of the vehicle's technical characteristics, keys, equipment, tools and/or accessories thereof, or modify its exterior and/or interior. If such is done, the Customer shall bear all expenses required to return the car to its original state, without prejudice to the harm done to Marbesol derived from the reconditioning of the car for the period it must be immobilized, as well as to other damages caused to Marbesol.
Return/late delivery of the vehicle
: If the vehicle is returned by the Customer at any date, time or place other than that specified in the Rental Agreement, an extra day of rent at the current daily rate will be charged for each day or portion of a day the return of the vehicle is delayed. A grace period of 120 minutes is granted for the return of the vehicle beyond the scheduled return time. Likewise, a penalty of 35 euros will be charged for each day the return is delayed.
If the Customer returns or leaves the vehicle in any place different than that specified in the Rental Agreement, Marbesol may demand reimbursement for costs incurred for transfers, towing, tolls, storage or safekeeping.
Should Marbesol delay in the delivery of the vehicle by more than 120 minutes from the signing of the Rental Agreement, the Customer will be compensated with an extra day at the daily rate in effect for each day or portion of day that the delivery of the vehicle is delayed. Likewise, a penalty of 35 euros will be charged for each day of delay.
EXTENDING THE DURATION OF THE RENTAL AGREEMENT
If the Customer wishes to extend the rental period, they may do so in person at any of the Marbesol offices in order to sign for an extension of the period and make any applicable payments. This extension is subject to vehicle availability. It is not possible to extend any Rental Agreement via telephone, email or text message.
A unilateral extension by the Customer shall be considered an unauthorized use of the vehicle for the purposes of the Customer's responsibility for any damage to the vehicle and will also be treated as a non-return of the vehicle at the agreed upon time.
PROCESS FOR RETURNING THE VEHICLE AND FUEL
The process for returning the vehicle includes verifying that the vehicle is returned in its original condition. To do so, Marbesol technicians perform management control in which two elements will essentially be verified: the condition of the car in terms of any damage that the vehicle may have suffered during the rental period the fuel level and mileage.
A. Condition of the vehicle
The vehicle must be returned by the Customer in the same condition in which it was delivered. Our staff will inspect the condition of the vehicle and note any new damage. You will be required to consent to and sign a damage inspection report.
If the vehicle is not returned in the same condition, the Customer will also be required to provide compensation for the vehicle's downtime as a result of the damage suffered. Please refer to the section, "return of the vehicle".
- "All Inclusive" Option (Marbesol Pack): The vehicle will be delivered with a full tank of fuel and must be returned full.
Should the vehicle not be returned with a full tank, the Customer must pay 35 euros in penalties and service fees required for refueling.
- Basic Option:
The vehicle will be delivered with a full tank of fuel. The Customer must pay a deposit equivalent to the value of the fuel in the tank, allowing for the return of the vehicle without the need to refuel the vehicle upon conclusion of the Rental Agreement.
At the time of return, the Customer will be reimbursed for the amount of fuel remaining in the vehicle's tank, according to the eighths of the tank which comprise the vehicle indicator, excluding compensation for the part corresponding to the costs of operation and logistics, which are listed below as management expenses.
Otherwise, in the case that Marbesol does not comply with its obligation to deliver the vehicle with a full tank, it shall be liable to compensate the Customer for twice the deposited amount, by way of the express penalty clause, as a way of ensuring its commitment to the Customer in meeting its obligations.
The valuation of the price of fuel that will be charged per vehicle, and the deposit that must be paid, is determined by a formula which consists of simple variables that can be verified by the Customer, such as fuel prices at the time of vehicle delivery, the model of the rental vehicle, its fuel capacity and management expenses (ME) amounting to 40 euros.
Deposit = Vehicle model (in liters) x Price (€/liter) + ME
Vehicle model (in liters): This variable is dependent upon the capacity in liters of the rental vehicle's fuel tank and will vary depending on the make and model chosen by the Customer.
Price (€/liter): To measure this variable, we will reference the average price of fuel at gas stations in the province of Málaga (for rentals originating on the peninsula) according to official rates published on the website of the Ministry of Industry, Energy and Tourism (http://geoportalgasolineras.es). This price is subject to changes that occur in the market and will be subject to periodic revision.
|Group||Min (€)||Max (€)|
The fuel charge will be made to vehicle received not to the originally booked.
- "All Inclusive" Option (Pack Marbesol): unlimited mileage is included.
- Basic or Plus Option: If the customer exceeds 55 kilometers daily, a fee of 0.45 € per kilometer will be charged.
Payment will be made at the time of delivery of the vehicle with a valid credit card (VISA or MasterCard) as the sole means of payment and whose holder must be the person who appears as the principle driver on the Rental Agreement. In the case of special and high-end vehicles, two credit cards will be requested as collateral for the rental.
The following will be the Customer's responsibility and therefore charged by Marbesol:
- Fines: The Customer is responsible for the payment of fines for traffic violations, illegal parking or other infractions which have occurred during the vehicle rental period and during the time said Customer has had the rental in their possession until the actual return of the vehicle. Marbesol will charge an amount of 30 euros (VAT included) for management and processing expenses as they are obliged to inform the relevant authorities and provide them with Customer and Rental Agreement data within the established statutory period. This fee does not include the payment of the fine.
- Special vehicle cleaning: The rental price includes a standard cleaning of the vehicle. However, if the vehicle requires special cleaning due to it having been returned in an inadequate state, Marbesol will be forced to charge an amount of up to 150 euros.
- The Customer is solely responsible for the cost or difference in value of any spare wheel, tires, tools, accessories, documentation, keys or radio equipment found at the end of the rental period to be missing from the vehicle or substituted for, as these circumstances are expressly not covered by any insurance policy.
- The costs of repairing damages to the vehicle in case of accident, when:
- The vehicle was not used in accordance with established usage conditions
- The accident report was not completed and sent to Marbesol within the stipulated period or did not conform to the reality of the facts produced.
- If no corresponding additional Insurance was acquired
You can refer to the value of damages at the end of our website.
The Customer and any other authorized driver are insured under the Automobile Insurance Policy, a copy of which is at your disposal at any Marbesol office where vehicles are rented. This policy includes Civil Liability for damage to third parties arising from the use and circulation of the vehicle.
Additionally, vehicle damage in case of collision, theft, unintentional fire or vandalism will be covered so long as the following conditions are met:
- The Customer notifies Marbesol regarding the incident within a period of 24 hours and provides the necessary documentation, such as: an accident report completed and signed by both parties, information on possible witnesses, a report to the authorities, etc.
- The insurance company does not reject the claim on the grounds that the driver did not meet the physical and psychological conditions required by the Highway Code.
- The incident has not taken place due to misuse of the vehicle.
- The client has purchased the Plus or All Inclusive option. In the case of having chosen the Basic option will be charged up to the maximum amount of the excess.
Damage insurance in any case does not cover damage to tires, rims, hubcaps, punctures, blowouts, the vehicle's interior, interior and exterior mirrors, windows, locks, underside, clutch, engine, crankcase, catalyst or radiator. Nor does it include costs related to recharging the battery, replacing a lost key, towing, taxis used following an accident, errors in the type of fuel used while refueling, nor does it include compensation for the days of vehicle downtime until its repair.
To cover all or part of these risks, there is additional insurance that can be acquired at the time of rental, whose damage coverage and guarantees will only be valid if the Customer meets the conditions set out above.
Customer agrees to immediately inform Marbesol of any casualty that has occurred or damage caused to the rental vehicle, to immediately transmit to them any letters, citations or notifications that relate to the incident and to fully collaborate with Marbesol and the insurance company during the investigation in the defense of any claims or processes. It is mandatory that the Customer duly present the compiled accident or damage report within a maximum period of 24 hours after the event's occurrence. In particular, if an accident occurs, the Customer will take the following steps:
- Obtain the full details of the persons involved in the accident, as well as potential witnesses, a sketch of the accident and data on the other vehicle (license plate, model, insurance company, and policy number whenever possible, etc).
- Transmit with utmost urgency to the Lessor the data acquired as referred to in the preceding paragraph and any other details regarding the accident.
- Immediately notify the authorities if the other party is guilty and should be investigated or if someone is wounded.
- Do not leave the vehicle without taking adequate measures to protect and safeguard it.
In case of fire, vandalism, theft or disappearance of the vehicle, the Customer agrees to immediately notify Marbesol with the facts and file the appropriate complaint with the authorities.
APPROVED CAR SEATS AND BOOSTERS FOR CHILDREN
The Customer shall report to Marbesol the need to use any mandatory restraint device approved for children under three years of age or older who do not exceed a height of 150 centimeters upon payment of the corresponding rental fee and before securing it in the vehicle. The Customer is, in any case, fully responsible for the installation of the device. In any case, Marbesol will be free from any possible liability for personal injury or property damage arising from a breach by the Customer of the obligation to use the mandatory retention device, or its installation, or misuse by the Customer or any possible manufacturing defect of the aforementioned device.
RIGHT OF CANCELLATION
Marbesol reserves the right to terminate the Rental Agreement early, with immediate effect and without compensation to the Customer in the following cases:
- Upon receiving information that calls the financial solvency of the Customer into serious question.
- It is shown that the Customer is in breach of the Rental Agreement.
- Customer uses the vehicle improperly.
Marbesol is not responsible for items stolen, forgotten or lost inside the vehicle.
The Special Conditions appended to this Rental Agreement must be accepted and signed by the Customer.
This Rental Agreement shall be governed by and construed in accordance with Spanish law. Marbesol declares its intention to amicably resolve any differences. If this is not possible, any disagreement arising between Marbesol and the Customer shall be subject to the jurisdiction of the place where the rental was initiated.
The Customer may submit claims or complaints to the following address: Avenida Garcia Morato, 50, CP 29004, Málaga.
Translations of these terms and conditions are offered for informational purposes only and the specific wording is not legally binding. Only the Spanish version is valid.
PROTECTION OF PERSONAL DATA
In agreement with the provisions of Law 15/1999, dated December 13th, Protection of Personal Data, we inform you about the inclusion of your personal data in a file owned by New Cars Costa del Sol (Marbesol) with the purpose of facilitating services related to the rental and/or sale of vehicles. Also, we inform you that Marbesol has adopted all necessary technical and organizational measures to guarantee the security of personal data and avoid its alteration, treatment or unauthorized access, and to take into consideration the state of the technology, the nature of the data stored and the risks to which they are exposed, all in conformity with the provisions of Royal Decree 1720/2007, dated December 21st and approved by the Regulatory Decree regarding data protection. Additionally, we request permission to send you informative communications via mail / fax / email regarding the products and services offered by our company. Please note that your data will be transferred, by law, to Law Enforcement and Security Agencies of the State to prevent crime and ensure national security. The interested party may at any time exercise their rights of access, correction, deletion or dispute of their data by writing to the following address: Avda. García Morato, 50, Building Check Point, 29004 (Málaga), or by sending an e-mail to firstname.lastname@example.org.
The fuel charge will be made to vehicle received not to the originally booked.