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RENTAL AGREEMENT CONDITIONS

Options for Booking

Other rent a car
MARBESOL
Unlimited mileage*
Damage coverage CDW*
Road Assistance Service
Theft coverage*
No Excess
Full Insurance
Fuel Equal/Equal
Extra Driver
Gibraltar and Portugal's Travel Insurance
Express Desk
50% on Baby Seat and Booster

AGE RESTRICTIONS AND DRIVER'S PERMISSION

DOCUMENTATION TO BE SUPPLIED AT TIME OF VEHICLE DELIVERY

In the case of people who do not arrive by flight, train or any other means that can prove the tourist purpose, we need proof that confirms their current residence address in Malaga, such as a rental contract, electricity, gas or water bill less than 2 months old. Likewise, you must indicate the complete address to the place where you will go with the rented vehicle.

If you do not bring any of these documents that can prove your residence, we will not be able to deliver the vehicle.

INCLUDED IN THE RENTAL PRICE:

NOT INCLUDED IN THE RENTAL PRICE:

In the event of an accident or damage to the vehicle, it is mandatory that the client fills out an accident/damage report and delivers it to our office. Likewise, in case of theft of the vehicle, the client is obliged to report it to the Police and hand in the report in our office, as well as returning the key to the vehicle. 

For each accident or damage report processing Marbesol has to do, an additional 50€ (VAT included) will be charged for the processing of the accident. If the insurance determines that the incident was not the responsibility of the Client, the 50€ (VAT included) will be refunded.

Marbesol reserves the right to modify any of the previous points in case it is considered necessary to guarantee the safety of the vehicle.

PURPOSE OF THE RENTAL AGREEMENT

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:

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".

B. Fuel

The vehicle must be returned with the same amount of fuel as when it was collected.

If the vehicle is returned with a lower amount of fuel, the amount corresponding to the missing fuel will be charged at that time.

C. Mileage

If you are going to do more than 2000Km during your booking you will have to come to our office to change your car. If not, we will charge 2€ per kilometer exceeded.

PAYMENT

At the time of collection of the vehicle and payment of the rental, Marbesol will collect the rental charges to be paid at the counter on the bank card of the contract holder. 

The following will be the Customer's responsibility and therefore charged by Marbesol:

HOW TO CANCEL YOUR BOOKING WITH ONLINE PAYMENT

INSURANCE

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 insurance will cover damage to wheels, windows, clutch, undercarriage, battery, towing service, fuel error and loss of the key. These coverages and guarantees will only be valid if the Customer complies with the conditions set out above for own damage to the vehicle. 

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:

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 cancel the reservation before the delivery of the vehicle and/or to terminate the Contract in advance, with immediate effect and without any compensation to the customer in this respect.

PERSONAL ITEMS

Marbesol is not responsible for items stolen, forgotten or lost inside the vehicle.

SPECIAL CONDITIONS

The Special Conditions appended to this Rental Agreement must be accepted and signed by the Customer.

LEGISLATION

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.

TRANSLATION

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.

DATA PRIVACY

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD), as well as in compliance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), we hereby inform you of the following points related to the processing of personal data related to the online purchase process:

RESPONSIBLE FOR THE TREATMENT

The personal data collected will be processed, as Data Controller, by NEW CARS COSTA DEL SOL, S.L. (hereinafter, MARBESOL) with NIF B92552694 with registered office at C/ García Morato, 50, Loc. 2, 29004 Málaga; registered in the Commercial Register of Málaga, Volume 3582, Book 2494, Folio 177, Page MA-71065 and 1st Inscription; telephone: 952 23 35 07; email: [email protected]

PURPOSE OF TREATMENT

The information collected in the online reservation process is processed for the purpose of processing the vehicle rental through this website. The data collected is of an identification and contact nature, as well as data related to the purchase process (invoicing data and payment method).
Furthermore, we will use your identification and contact data to send you personalized information about products similar to those that have been contracted. Notwithstanding the foregoing, you can request to unsubscribe from receiving commercial communications by clicking here.

BASE THAT LEGITIMIZES THE TREATMENT

The basis that legitimizes the processing of data related to the online reservation process is the execution of the contractual relationship between the parties. In relation to the sending of commercial communications, the basis that legitimizes the treatment is the legitimate interest of MARBESOL in keeping customers informed about products similar to those that have been contracted so that they can have access to our promotions and offers.

INFORMATION RETENTION PERIOD

The information related to the online reservation process will be stored for the period necessary to manage the delivery and collection of the vehicle; Subsequently, the information will be kept blocked during the limitation period for legal actions and, after said period, it will be deleted.
In the case of sending commercial communications, the information will be kept indefinitely unless you ask us not to send you new communications, in which case we will proceed to unsubscribe you immediately from the distribution list of said commercial communications.

DATA RECIPIENTS

MARBESOL will communicate your personal data that is strictly necessary to comply with the General Conditions of Contract signed with the client, as is the case of payment platforms, banks and companies with respect to which said communication is necessary so that transactions that are necessary at any time can be processed.

INTERNATIONAL TRANSFERS

International data transfers are not foreseen.

EXERCISE OF RIGHTS

The Client has the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected. The Client may request the limitation of the processing of their data, in which case MARBESOL will only keep them for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, the Client may oppose the processing of their data. In this case, the Company will stop processing the data, except for legitimate reasons, or the exercise or defense of possible claims. Finally, we inform you about your portability right provided for in the RGPD so that your data can be provided to the Data Controller indicated by the Client. To make these rights effective, the User may choose to send an email to [email protected] or send a letter to the following address: Calle García Morato, 50 Local 2, 29004 Málaga, Spain.
In the cases in which you consider that during the processing of data by MARBESOL your rights in terms of data protection have been violated, especially when you have not obtained satisfaction in the exercise of your rights, we inform you that you can present a claim before the competent Data Protection Control Authority (Spanish Data Protection Agency- www.aepd.es).

VEHICLE GEOLOCATION

Last updated: 05/02/2024
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