GENERAL CONDITIONS OF HIRING: hereinafter the Contract, executed between Drivalia Car Rental, S.L. holding CIF [Spanish Tax Code Number] B-54509971 and with registered office in Ctra. Murcia-Alicante, km. 26,800, 03300, Orihuela (Alicante) hereinafter Drivalia (also known as the lessor) and the Lessee, whose identification data is included on the front page of the Contract, (hereinafter the lessee).
1. CONTRACT SUBJECT MATTER
Drivalia rents the car specified in the contract to the lessee which they sign. The car is in perfect working order, with all its documents, tyres, tools and accessories, as well as being in a good general external condition and clean.
The lessee agrees expressly but not exclusively to:
- Maintain the good general condition of the vehicle with reasonable care without carrying out, at any time, any fraudulent handling of any external or internal components of the vehicle.
- Always respect the Highway Code in force, as well as any legal provisions on traffic, transport and Road Safety.
- Not allow the vehicle to be driven by any person who is not authorised to do so in the contract.
- Not drive people or take goods if this explicitly or implicitly implies subletting the vehicle or non-compliance with the legal provisions regarding weight, height, quantity, volume and nature of the load.
- Have the corresponding original, valid driving license held for at least one year. The lessee should be at least twenty-one years old. The rental company reserves the right to admission at all times.
- Not drive the vehicle in impaired physical mobility caused by alcohol, drugs or narcotic substances or if fatigued or suffering from a debilitating illness.
- Not drive the vehicle outside the national territory of Spain, unless the lessee gives prior notice and express authorisation in writing by the lessor.
- Not to park, load and/or drive the vehicle on any type of maritime transport and/or railway.
- Not use the vehicle to push or tow other vehicles, or participate in any kind of race or competition.
- Not drive along unpaved roads or roads that are not designed to be driven on by city cars.
- Not to take part in races or drive the vehicle on any type of track.
2. SECURITY / DEPOSIT OR DOWN PAYMENT
When signing the contract, the lessee will pay Drivalia the corresponding settlement price of the contract as well as an amount of up to €3.000, depending on the model of the car, as a security / deposit or down payment. Deposits will only be accepted by reservation or charge against one or two VISA or MASTERCARD credit cards that must be in the lessee’s name.
If the said deposited amount does not fully cover the possible additional charges that may arise from a breach of any of the conditions and/or accident or theft coverage exclusions, the lessee should pay the lessor the difference and authorise the lessor to make the subsequent charges as stated in point 4.1.
If no extra charges are made, the lessor will release or return, as appropriate, said deposit to the lessee once the contract has expired, within three (3) working days.
For those who purchase Drivalia´s direct Premium Coverage, S.C.D.W. (Super Collision Damage Waiver) or Ultimate Rate clause 2 will not apply and there will usually be no deposit required although we reserve the right to request a deposit at our sole discretion under any circumstances.
3. RETURNING THE VEHICLE
The vehicle will be returned to the place, on the date and at the time stipulated in the contract. It will be returned in the same condition in which it was handed over to the lessee, with all its documents, tyres, keys, tools and accessories. Any changes to the conditions of return agreed upon may result in the lessee paying extra charges.
The duration of the rental contract shall never exceed 30 days.
If the contract is terminated early, by decision of the lessee, they will not be entitled to a refund for the days of rental not used.
An extra 59 minutes is given for the return of the vehicle, in accordance to the hour agreed on. Therefore, if it is returned after this time, the lessee will pay the extra amount corresponding to a minimum of one day’s rental. For this reason, the final amount will depend on the time the vehicle is returned.
If the lessee wishes to extend the rental time of their vehicle, they should give sufficient notice to the lessor, sign a new contract for the extra days at the time such decision is made and immediately pay the new amount to cover this new service. The lessor does not guarantee that said extension can be carried out.
If the vehicle is not returned to the place, at the hour and on the date stipulated in the contract, this will entitle Drivalia Car Rental to charge the amount corresponding to the extra days for the delay. Furthermore, a penalty fee of €35 will be charged for the financial losses caused, as well as any cost resulting from the vehicles repatriation and/or recovery. It is expressly forbidden to return the vehicle to the airport Departure terminals.
A failure to comply with this condition entitles the lessor to take back the vehicle without notice or to claim it back by means of legal action.
4. RENTAL CHARGES & PAYMENT METHODS.
4.1 Rental charges
The lessee agrees to Drivalia carrying out charges, after the vehicle rental has terminated, via electronic payment systems or any other charging system and without express authorisation, for the following purposes:
a) An “extra cleaning” charge for the costs arising from an extra cleaning service as a consequence of the clearly inadequate state of the vehicle at the time of its return. Furthermore, the vehicle will be considered to be in a poor condition if there are upholstery stains, including those produced by salt residue and excessive amounts of sand, and a surcharge of up to €180 will be apply.
b) As a result of the loss of the vehicles documents and keys, and/or the delivery of the vehicles set of keys to the corresponding office, loss or breakage, returning the keys of the vehicle to a different office to which the vehicle was returned, or any other situation for which the vehicle is out of service, for reasons directly attributable to the lessee, a maximum of €250 will be charged.
c) The amount for towing the vehicle when necessary, unless this is due to mechanical reasons except for those due to negligence or which arise from the lessee misusing the vehicle.
d) 100% of the costs resulting from the loss or damage to the rims, hubcaps, tyres (including punctures), tools, windscreens and windows, rear view mirrors, clutch, accessories, the vehicle’s interior, as well as problems resulting from filling up the tank with the wrong fuel.
e) 100% of the costs resulting from damages made to the lower part of the bodywork, including the lower wings/mud flaps.
f) The toll roads, fines, penalisations and legal costs arising from traffic offences or breaches of law, regulations or bylaws, (including congestion or road traffic limitation charges wherever they exist), incurred by the client during the period of this Contract, that have been paid for by Drivalia.
g) Notwithstanding the foregoing, Drivalia reserves the right to charge the client an additional cost of €35 per file as handling and communication costs before the relevant authorities.
h) 100% of the costs for repairing any damages caused to the vehicle due to an accident, when one of the following circumstances occurs:
o That the vehicle was not used in compliance with the conditions established.
o That the accident report–whether as “Declaracion Amistosa de Accidente” (Mutual Declaration of Accident Report) or whether as a “Informe de Siniestro” (Wreck Report)- has not been completed and sent to Drivalia within the time specified, or it does not correspond to the actual events occurred.
o That the damages are a result of an accident where the lessee did not correctly judge the height and width of the vehicle.
o That the corresponding extra insurance coverage had not been subscribed, (see point 5.4.).
The amount charged to the lessee for the damages to the vehicle will be calculated taking in to consideration the valuation carried out by an expert independent of Drivalia. However, if said valuation cannot be made a priori, the amount resulting from the first assessment made by a qualified member of Drivalia’s staff will be charged, in accordance with the rates published in Annex I of these conditions. The lessee acknowledges the existence of the aforesaid Annex I and costs and accepts them.
All of the above mentioned is to be applied notwithstanding a subsequent settlement, once an estimate for the repair has been received by a mechanic or a valuation made by an expert department independent of Drivalia.
Drivalia reserves the right to charge the lessee compensation for the loss of profits due to the vehicle being out of service as a result of the damages caused (out of service). This compensation fee will be calculated based on the number of days needed to repair the vehicle, established by an expert department independent of Drivalia, or, once the repairs have been made, counting 8 hours of work done by the garage carrying out the repairs as one day and using the daily rates contracted as a basis for the valuation, plus an extra €35 a day, as set out in the previous article, as the days that the car is out of service are considered in the same way as not returning it on the agreed date.
In any case, the lessees’ maximum liability will always be the vehicle’s market value, according to the maximum price established in the Ganvam (Spanish Association of Car Dealers) guide in force at the time of the accident.
4.2 Payment methods
Payment by VISA or MASTERCARD credit card is the only acceptable method. The card should bear the name of the rental contract holder.
The payment for the rental of the vehicle and for any different additional concepts will be made in the currency determined by the lessee, accepting multi-currency operations, subject to the conditions of the Bank Branch that handles the payment.
In the settlement of the contract, payment for the compulsory insurance coverage of the vehicle and unlimited civil liability is included. Such coverage is guaranteed and assumed by the insurer with whom the lessor has agreed the corresponding insurance policy. The lessee and the authorised drivers are, through the signing of this contract, become policyholders of said policy.
For insurance policy purposes, the spouse, ancestors, descendants and siblings or relatives of the lessee or authorised drivers or their partners or person with whom they have a business, employment or dependant relationship with are not considered third parties.
5.1. Accident Coverage:
This exempts the lessee (except from the deductible cost, being out of service and from the charge related to accident management procedures) from the economic and civil liability for damages caused to the vehicle.
Express exemptions of the accident coverage:
- It does not cover damages to the vehicle resulting from accidents by fault of a third party if the lessee does not present a duly completed accident report or any other information identifying the guilty party within a maximum period of forty-eight hours after the accident.
- It does not cover damages or losses caused by meteorological reasons such as water damage, hail or rain damage or wind damage.
- It does not cover damages to the vehicle if it is not used in accordance with the conditions set forth in clause one on the use thereof.
- It does not cover the damages to the vehicle if the delivery or return date has expired without the lessee having signed an extension of the service.
- It does not cover damages to, loss or theft of the lessee’s personal belongings that are in the inside the vehicle.
- The policy does not include damages, repairs or replacements of rims and/or tyres resulting from punctures or accidents that require such repair or replacement.
- It does not cover damages to the lower part of the vehicle, including the lower wings/mud flaps.
- It does not cover damages to the windows and windscreens, wing mirrors, engine or clutch.
- It does not cover road-side assistance costs due to an accident.
- It does not cover the costs resulting from filling up the vehicle with the wrong fuel.
- It does not cover the costs for the replacement or the delivery of copies of lost or broken car key.
- It does not cover the onsite replacement of the vehicle, if it is immobilised for any reason. The lessee should go to the office where they hired the car by their own accord.
5.2. Coverage for theft or fire:
This exempts the lessee (except from the deductible cost and being out of service) from the economic and civil liability for the total or partial loss of the vehicle due to vandalism or accidental and spontaneous fire.
- In case of theft by vandalism, the lessee must deliver the keys to the lessor, as well as the corresponding theft report carried out at a national police or Civil Guard station.
- In case of a fire, the insurance does not cover damages resulting from the breach of the conditions of use of the vehicle set forth in clause I.
A deductible of up to €3,000 charged to the lessee is established in this contract. The lessor may require the lessee, at the time the contract is executed, to deposit an amount of up to €3,000, not eligible for exemption, as a deductible, up to which the lessee shall bear the damages and/or losses caused to the vehicle not covered in the accident coverage or in the coverage for theft or fire.
In any case, if the lessor has not required the deductible payment in advance, the lessee expressly accepts to bear any additional cost up to, at least, €3,000 by signing this contract.
If no damages or losses are made, or in the event they are made and a third party shows evidence of being liable and a court decision has been lodged against thereof, the lessor must return said deductible, when it has been paid in advance, to the lessee once the contract has terminated.
5.4. Insurance Supplement and Deductible exemption:
The lessee shall be exempt from the payment of the deductible for up to €3,000, for the charge related to accident management procedures and from other ordinary insurance exclusions by hiring and paying, optionally, the special supplement of the Premium coverage, S.C.D.W. (Super Collision Damage Waiver) or if the lessee has purchased the Ultimate rate, whose hiring and amount will expressly appear in the contract. Said coverage cannot be purchased after the start of the contract. If the instalment of any of the additional coverage does not appear in the contract, it will be understood to have not been subscribed and the lessee will expressly assume all liability for the damages excluded in these general conditions. Once this coverage has been subscribed it cannot be cancelled in advance and refunds will not be made.
The lessee undertakes to inform Drivalia within a maximum period of forty-eight hours about any accident and to provide them with all notifications referring to said accident together with the corresponding accident report or full details of the other party and possible witnesses.
The lessee shall not prejudge or admit responsibility of the accident and shall collect all possible data and notify the authorities if it is the other party’s fault.
The lessee will not abandon the vehicle on the public road, taking the appropriate measures to protect the vehicle at all times.
If an accident occurs, regardless of who caused said accident, and unless the Premium coverage has been subscribed, the lessor will charge the lessee for the administrative management procedures of accidents an amount of €60.
If an accident occurs, regardless of who caused said accident, and unless the Premium coverage, S.C.D.W. (Super Collision Damage Waiver) or ULTIMATE rate has been subscribed, the lessor will charge the lessee for the administrative management procedures of accidents an amount of €60.
In case of mechanical breakdown, the offices of Drivalia have the telephone support numbers for each make of vehicle which the lessee can call if they cannot drive the vehicle to the nearest garage in order to repair it or to the nearest Drivalia office.
If the vehicle needs to be repaired, the lessee must notify Drivalia of the breakdown so that the lessor can authorise in writing its repair either in that garage or in one they choose.
The lessee shall also check the fluid levels and refill them, if necessary.
The costs of authorised repairs or fluid refill that have been paid by the lessee shall be returned to them by the lessor, except for punctures, presenting the corresponding receipts, unless said mechanical breakdown has been caused by negligence or misuse of the vehicle by the lessee, in which case the latter must pay the costs together with the displacement, towing and out of service vehicle costs. The same happens if the aforementioned repair has not been authorised by the lessor.
It is the lessee’s responsibility to refuel the vehicle using the appropriate fuel type, the cost of which shall always be at their expense. All costs or repairs resulting from the use of the wrong fuel will also be borne by the lessee.
The vehicle shall be returned with at least the amount of fuel in the tank indicated in the “returns” section. Otherwise, the lessee will have to pay the amount of the missing fuel at the current market price.
9. EXTRA CHARGES
The liquidation or total final amount of the rent is subject to the return of the vehicle in the same conditions as it was delivered and on the date, time and place agreed, so the lessee shall pay the lessor, once the vehicle has been delivered, any extra charge incurred by said lessee on the basis of these general conditions.
10. THEFTS AND LOSS OF PERSONAL BELONGINGS.
In no case will Drivalia be responsible for those personal belongings stolen, forgotten or lost inside the vehicle.
11. CHILD RESTRAINTS.
Drivalia has authorised child restraints that can be provided to customers upon request and prior to making the hire payments. The placement of these devices shall be the sole responsibility of the lessee. If they are not returned, are lost or stolen, the lessee will be charged €45 for the booster devices and/or €95 for the Baby Seat devices.
12. TERMINATION OF THE CONTRACT.
Drivalia reserves the right to terminate this contract in advance, imminently and without any sort of compensation in either of the following cases:
– When the lessee’s financial ability to face the contract costs is questioned.
– When the lessee makes unauthorised use of the vehicle.
13. LAW FOR THE PROTECTION OF PERSONAL DATA
In order to comply with the Spanish Organic Law on Data Protection 15/99 of 13 December and Spanish Royal Decree 1720/2007 of 21 December, we inform you that the data you provide is stored in files owned by DRIVALIA and is used by our internal management. You have the right to access, modify, cancel and oppose the processing of said data. At the same time, we ask you to permit DRIVALIA or other collaborating entities in their commercial and financial services to use of your personal data, guaranteeing confidentiality at all times.
14. ADDITIONAL PROVISION.
It is the lessee’s responsibility to carefully read this contract; any doubts or non-conformities must be expressed before accepting and/or signing the contract.
In case of breach of any of these clauses, the lessee assumes all responsibility for damages resulting from said breach with regards to both the lessor and third parties.