General Terms of Contract
1. USE OF THE VEHICLE
Sol Mar hires to the lessee the vehicle set forth in the contract signed by the lessee in perfect operating conditions, with all corresponding documentation, tyres, tools and accessories, and in good general condition regarding the exterior and cleanliness of the vehicle.
The lessee undertakes to:
- Preserve with reasonable diligence the general good state of repair of the vehicle without carrying out, under any circunstances, fraudulent manipulation of any exernal or internal element thereof.
- Respect at all times and in all places the Highway Code in force as well as any legal provisions governing traffic, transport and road safety.
- Not allow the vehicle to be driven by persons not authorised in the contract. Not transport persons or goods when said act implicity or explicity implies the sub-letting of the vehicle or the breach of legal provisions governing the weight, height, quantity, volume and nature of the load.
- Possess the corresponding current original driving license for at least threee years, whereby the lessee must be of a minimum age of twenty-one years (twenty-five years for groups I and J) and the lessor company reserves the right to admission in all cases.
- Not drive when physically incapable due to the consumption of alcohol, drugs or other narcotic substances, or to tiredness or illness.
- Not drive the vehicle outside the national territory of Spain unless the lessor dives his express authorisation after receiving notification from the lessee.
- Not use the vehicle to push or tow other vehicles, or take part in races, competitions or challenges of whatsoever nature.
- Not drive on unpaved roads or roads that are not appropiate for traffic wich may cause damage to the underside of the bodywork, whereby said damages shall be the fault of the lessee under my circunstances.
2. BOND/DEPOSIT
At the signing of the contrar and besides the payment of the corresponding contract, the lessee shall pay Sol Mar a fee corresponding to a bond/deposit, the amount of which shall be decided by the lessor and up to which limit the lessee shall pay any resulting extra change of whatsoever king.
If said deposit amount does not cover the total amount of charges, the lessee shall pay the lessor the difference.
If there is no extra charge, the lessor shall reutrn said deposito to the lessee at the end of the contract.
3. RETURNING THE VEHICLE
The vehicle shall be returned in the place, on the date and at the time set forth in the contract and in the same state of repair as it was delivery by the lessor, with all corresponding documentation, tyres, keys, tools and accessories. Whatsoever change in the agreed return conditions may lead to additional charges fot the lessee.
There shall be a 59-minute period of grace for the return of the vehicle with regard to the agreed time. Consequently, if the vehicle is returned after this period, the lessee shall pay an extra amount corresponding to at least one day's rent.
Any final amount resulting from this situation shall depend on the moment the vehicle is returned.
Should the lessee wish to extend the vehicle hire time, he must notify the lessor of said intention with sufficient notice, immediately signing a new contract fot the extension and immediately paying a new amount to cover the new service; the lessor does not guarantee the possibility of said extension.
Non-fulfilment of this condiction shall enable the lessor to appropriate the vehicle without prior notice or to require it by law.
4. HIRE CHARGES
The Lessee accepts to pay in any case:
- The charges resulting from loss, abnormal deterioration or own or third-party theft of tyres, tools, accesssories, keys and glasses.
- The charges resulting from the hire of the vehicle and taxes as set forth in the lessor's current price list, together with the extra charges the lessee may have caused. The acceptance of the initially agreed price is subject to the return of the vehicle in the same conditions in which it was delivered at the place and on the date set forth.
- The fines and legal costs resulting from traffic offences or the infringement of legislation by both the driver and or the persons authorised in the contract and the corresponding surcharges/interest fot late payment.
- The stoppage of the vehicle (time the vehicle spends in the garage as a result of crashes, damages, losses or accidents) at the rate set forth in the price list, as long as said events are the fault of the lessee/authorised persons and not caused by a guilty third party (in said cases, claims shall be made from the insurance company of said third party). The costos shall also be paid by the lessee even though they were caused by a guilty third party when the lessee has not fulfilled his obligation of completing and delivering to the lessor the corresponding friendly accident report or fails to provide any infromation leading to the identification of the third party.
- All the costs for repairing the damages to the vehicle when it has not been used in accord with the conditions set forth in clause one regarding the use thereof or when lessee has not completed the accident report or when said report does not truly reflect what really happened or when the corresponding insurance has not been taken out.
5. INSURANCE
In the settlement of the agreement, payment for the insurance cover of the compulsory vehicle and unlimited civil liability is included. Said coverages are 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, adhered to said policy as insured people. For the effects and purposes of the insurance policy, the spouse, forebears, descendants and brothers or relatives of the lessee or authorised drivers or their partners or persons with whom they have a business, employment or dependence relationship are not considered third parties.
5.1. Accident cover:
This partially exempts the customer (except the amount of franchise and the paralysation) from the economic and civil liability for damage caused to the vehicle.
Exemptions:
- It does not cover damage to the vehicle resulting from accidents or due third parties if the lessee does not present a duly completed accident report or information enabling the identification of the guilty party within a maximun term of forty-eight hours after the accident.
- It does not cover the damages to the vehicle if if is not used in accord with the conditions set forth in clause one, governing the use thereof.
- It does not cover damage the vehicle if the delivery or return date has expired and the lessee has not signed an extension of the services privided the service and the insurance premium.
- It does not cover the damage, loss or theft of the lessee's personal belongings in the interior of the vehicle.
- It does not include the insurance for the repair or replacement of tyres resulting from punctures or accidents leading to said requirement.
5.2. Cover for theft or fire:
This partially exempts the customer (except the amount of the franchise and the paralysation) from the economic and civil liability resulting from total or partial loss of the vehicle due to vandalism or accidental and spontaneaous fire.
Exemptions:
- If the cause of theft by vandalism, the lessee must deliver to the lessor the keys and the coresponding document in which he has reported the theft to the national police or the Civil Guard.
- If the case of fire, the insurance does not cover damages if it is the result of breach of the conditions of use of the vehicle set forth in clause one.
5.3. Franchise:
lessee shall pay the lessor, at the moment of executing the agreement, a minimum amount, not exempt, expressly agreed thereof, as per franchise, and up to what the lessee shall bear the damages caused to the vehicle not covered in the accident cover or the cover for thelt or fire. Int the event that no damages are acused, and a third party shows evidence of being liable and a court decision has been lodged against said third party, the lessor shall return said franchise to the lessee, once the agreement has terminated.
5.4. Insurance supplement:
The renter will be able to free itself of the payment of the franchise (but not of the paralysation) paying the special supplement of the insurance whoseamount will appear in the contract.
6. ACCIDENTS
The lessee undertakes to inform Sol Mar in a maximum term of forty-eight hours after whatsoever accident and provide him with all the notifications refering to said accident together with the corresponding accident report or full details of the other part and possible witnesses.
The lessee must not prejudge or admit the responsibility of the accident and shall collect all possible details and notify the authorities. If it is the other part's fault.
The lessee shall not abandon the vehicle on the public highway and shall take the appropriate measures to protect the vehicle at all times.
7. REPAIRS
In the case of mechanical breakdown, the offices of Sol Mar have the telephone numbers for the service of each make of vehicle to be called by the lessee if the vehicle cannot be driven to the nearest garage for the breakdown to be dealt with or to the nearest Sol Mar office.
If the vehicle is in need of repair, the lessee must notify Sol Mar of the breakdown and cost so that the lessor may authorise in writing the repair in the garage in question or in one of his own garages.
The lessee shall check the level of liquids and refill them if necessary.
The costs of authorised repairs or liquid refill paid by the lessee shall be returned by the lessor, excluding punctures, on presentation of the corresponding receipts, unless said breakdown has been caused by negligence or misuse of the vehicle by the lessee. In this case, the latter must pay said costs plus the displacement, towing and stoppage costs of the vehicle. The same applies if said repair has not been authorised by the lessor.
8. FUEL
It is the responsibility of the lessee to refuel the vehicle with the appropriate class of fuel, the cost of which shall always be his.
Whatsoever cost resulting from the use of inadequate fuel shall be met by the lessee.
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 previously foressen; in such case, the lesseee shall pay the lessor, once the vehicle has been delivered, any extra charge attributable to said lessee as a result of the general terms of this contract. In the event that the lessee decides to pay by credit card, he or she does authorises the lessor to debir in said card any extra amount originated and attributable to said lessee, whereby the lessee shall sign the acceptance of the charge of the total final amount of the rent in the contract in the corresponding box.
10. LAW FOR THE PROTECTION OF PERSONAL DATA
To comply with the Organic Law 1599 of 13 December (LOPD) and the R.D. 994/99 of 11 June, we inform you that the data you provide are stored in files owned by SOL MAR and used as part of our internal management system. You have the right to access, modify, cancel and oppose the processing of said data. Similarly, we ask your consent to the use of your data by SOL MARor other collaborating entities in their commercial and financial activities, guaranteeing conficentiality at all times.
11. ADDITIONAL PROVISION
It is therefore the lessee responsibility to read this contract carefully. Whatsoever doubt or non-comformity must be expressed before accepting signing the contract.
In the case of breach of any of these clauses, the lesse assumes all responsibility for damages resulting from said breach with regard to both the lessor and third parties
