General Terms & Conditions
1.- USING THE VEHICLE
At this time, the Lessee will receive: data sheet, vehicle registration certificate, valid insurance, spare wheel and accessories, warning triangles and reflective safety vest.
The Lessee receives the rental vehicle owned by Complementos del Automóvil, S.L. and the accessories described in perfect working condition and undertakes to keep them this way and to drive the vehicle in accordance with the rules set forth in the Traffic Code.
IT IS STRICTLY FORBIDDEN
- To smoke inside the rented vehicle.
- To transport people or goods, if this directly or indirectly involves subletting the vehicle.
- For the vehicle to be driven by people not authorised on the front page, as well as by people under 23 years of age or by people who have had their driving licences for less than 2 years.
- To drive the vehicle in poor physical condition, as a result of the consumption of alcohol or drugs, fatigue or illness.
- To use the vehicle to push or tow others.
- To take part in sports competitions, off-road or where driving the vehicle would cause damage to it.
- To manipulate the odometer. The Lessor must be immediately notified of any odometer malfunction.
- To carry more passengers than the maximum capacity specified by the manufacturer.
- To take the vehicle off the island, unless expressly authorised to do so by the Lessor. Any expense or damage to the vehicle or to third parties in any other geographical area than the island where the vehicle was collected shall be shouldered by the Lessee.
The Lessee assumes all liability for any traffic violation during the period in which the vehicle is in their possession and undertakes to notify Complementos del Automóvil, S.L. of any violation made upon returning the vehicle.
Failure to comply with any of the aforementioned conditions will automatically result in the loss of the insurance coverage purchased, leaving the Lessee solely liable for any damage to the vehicle.
Likewise, if any of the cases above should occur, the Company reserves the right to terminate the contract with no prior notice, and to take possession of the vehicle, leaving any deposit or guarantee received in favour of the Rental Company.
2.- RETURNING THE VEHICLE
- The Lessee undertakes to return the vehicle in the same condition it was in when it was delivered.
- The vehicle must be returned to the place and on the date and time specified on the front page. Any change must be authorised by the Lessor.
- Failure to comply with this condition entitles the Lessor to demand the return of the vehicle in court, with the possibility of the Lessee being prosecuted for misappropriation.
- In addition, in the event of any delay in returning the vehicle, the Lessee must pay the agreed price for one day.
- The deposit will be returned once the vehicle has been returned in the same condition it was in when it was delivered (including fuel). Otherwise, all or part of it will be retained.
- If the customer decides to terminate the Contract in advance, the amount corresponding to the days not used (including taxes) will be retained in full as compensation.
3.- RENTAL FEES
- The Lessee agrees to pay, in addition to the vehicle rental fees and corresponding taxes, for the tools and accessories, as well as all fines and legal expenses resulting from traffic and road safety violations or violations of rules that all drivers must follow, using the current rates.
- If this rental has been paid using a credit or debit card, my signature below authorizes the Lessor to charge the final total amount against my account with the card issuer and shall be deemed to be completed on the bank’s statement.
4.- DAMAGE COVERAGE
- The insurance policy taken out by the Lessor covers the Lessee and drivers authorised in this contract for civil liability up to a maximum of €50,000,000 per claim, bond and legal defence that may be required of the driver. The Lessee’s liability for material damage caused to the vehicle shall be covered up to the limit of the corresponding deductible shown on the front page.
- The loss, theft and damage of goods transported in the rented vehicle are expressly excluded from the coverage purchased.
- In the event of a request for certain vehicles, the Rental Company reserves the right to request a deposit from the Lessee based on the characteristics, such as cylinder capacity, features, torque, and others, which will be calculated according to the vehicle requested.
- Any damage to tyres, rims, keys, undercarriage and refuelling errors shall be borne by the customer, and shall not be included in the insurance policy taken out, with the Lessor authorised to collect it using the card provided by the Lessee.
- Notwithstanding the foregoing, the Lessee shall be solely liable for the theft of the vehicle, parts thereof, or damage resulting from unauthorised, negligent or careless use by the Lessee or other occupants, which shall not be covered by the insurance.
5.- DAMAGE TO THE REPLACEMENT VEHICLE
The Driver shall be liable for any damage caused to the Vehicle by the Driver during the rental period. Notwithstanding the foregoing, the Owner has taken out a comprehensive insurance policy covering both civil liability and material and personal damage as described in clause 4, with the exception of damage to wheels, rims, keys, undercarriage and upholstery, refuelling errors or any negligent damage, which are expressly excluded from coverage as described.
The Lessee will adopt the following measures in case of an accident with the vehicle.
- Do not acknowledge or prejudge liability.
- Get complete information on the other party, filling in the form provided among the car’s documentation and urgently sending it to the Lessor. The Lessor must be notified via telephone in the event of a serious accident.
- Immediately notify the authorities if the other party is at fault.
- If the Lessee does not comply with the foregoing, they shall be liable for the damage and costs incurred as a result.
- The Lessor will shoulder costs incurred during the rental for lubrication, oil change and minor repairs (except punctures) up to a maximum of €30.05, which must be justified with the appropriate receipts or invoices.
- Prior authorisation from the Lessor is essential for repairs over €30.05 and for towing the vehicle.
8.- LESSOR’S RESPONSIBILITY
- The rented vehicle has passed the mandatory inspections provided for by the current regulations on vehicle inspection tests in Spain, therefore, the Lessor shall not be liable for any damages indirectly caused to the Lessee as a result of a fortuitous breakdown.
- The Lessee shall not be entitled to the replacement of the rented vehicle if it has been rendered unusable by accident, nor shall they be entitled to a refund of any amount for the above-mentioned reason.
Any dispute arising between the Lessor and the Lessee of this contract shall be submitted to the Transportation Arbitration Board of the place where the contract was signed and to the jurisdiction of the Courts and Tribunals of the Province of Santa Cruz de Tenerife, waiving any other jurisdiction that they may be entitled to, if any.
10.- INTERNATIONAL REGULATIONS ON DRIVING LICENCES
Geneva Convention of 19 September 1949 (Official State Gazette no. 88 of 12-04-58). Convention on Road Traffic. Chapter V.- Drivers of Motor Vehicles in International Traffic. Article 24.1.Each Contracting State shall allow any driver admitted to its territory who fulfils the conditions which are set out in Annex 8 to drive motor vehicles of the class or classes defined in Annexes 9 and 10 on its roads without further examination, for which a valid driving licence has been issued by the competent authority of another Contracting State or one of its subdivisions or by an association authorised by the Authority, after having proven its suitability.
It is the Lessee’s responsibility to ensure that the proper documents in force are provided and that they are valid for the rental.
11.- CANCELLATION POLICY
All cancellations must be made in writing to the following e-mail address email@example.com within 48 hours prior to the start of the contract. No refunds will be given for any reservations made if notice has not been given at least 48 hours in advance, except for cases of force majeure which have been duly accredited to the address above.
12.- CLAUSE ON THE PROTECTION OF PERSONAL DATA
The personal data filled in in this form, as well as any data obtained as a result of the pre-contractual/contractual relationship, will be incorporated into the files owned by the Lessor, for the purpose of fulfilling this rental contract. The data provided, as well as any arising from the relationship, will be transferred to the competent authorities in the necessary cases, and may be transferred to insurance companies when necessary for the legitimate performance of the purposes of this contract. The signatory of this document guarantees the veracity of the data provided and undertakes to notify us in writing of any changes that may occur. In accordance with Organic Law 15/1999 on the Protection of Personal Data, you may access, rectify, cancel or oppose your data by writing to the following address:
Social denomination: Complementos del Automóvil, S.L.
Fiscal address: Calle Ibaute, 28 – Acorán, Santa cruz de Tenerife
Telephone / Fax: 922 108 250 / 922 201 135