Terms and conditions
These general terms and conditions govern the contractual relationship between RENT A CAR CABET, S.L. (the lessor) and the client (the lessee) by which the former allows the latter to use a vehicle for the period and price as set out in the rental contract and in accordance with other conditions stipulated herein.
A. USE OF THE VEHICLE
1. The vehicle shall be handed over to the lessee in good working order and without defects, with all the vehicle papers as well as a set of keys, tools and accessories, in particular reflective jackets and warning triangles, which the lessee has to check at the start of the rental period, notifying the vehicle rental office of any defects. The lessee must also check that child seats have been fitted correctly. The lessor assumes no liability for the failure to carry out these checks, which are the sole responsibility of the lessee. The lessee must carry a copy of the rental agreement with him at all times.
2. The lessee undertakes to use the vehicle and the accessories with due care and to return them in the same condition in which they were handed over to him. The lessor must also check the levels of liquids and engine oil regularly, as normal, carry out or have carried out any safety inspections that may be necessary as a result and drive the vehicle in compliance with the Código de la Circulacíon (the Spanish highway code).
3. If it becomes necessary during the rental period to repair the odometer or any other part of the vehicle to ensure driving safety, the lessee may have this work carried out by one of the workshops authorised by the vehicle manufacturer, provided that the cost of this work does not exceed 100€.
4. The vehicle shall be handed over to the lessee with a half full tank of fuel, correspondingly, the lessee must return the vehicle at the end of the rental period with a half full tank of fuel. Should the latter not be the case, the lessor shall charge the lessee the cost of refilling the vehicle plus a service charge in accordance with the currently applicable rates. These rates are available in the CABET rental office. These costs may be charged against the deposit or charged to the credit card used to make the rental payment. Certain rates include the compulsory purchase of a half full tank of fuel, which allows the lessee to return the vehicle without having to fill up the fuel tank. No refund will be made should the vehicle be returned with a full fuel tank, however.
1. Bookings are based on vehicle types. Booking a type of vehicle does not confer the right to be assigned a specific model of the vehicle type.
2. If the lessee has not collected the vehicle by no later than one hour after the agreed time, there shall no longer be a binding agreement. Cancellations must be made at least 24 hours before the start of the rental period.
3. The following applies to bookings made at pre-paid rates: A booking can be changed before the rental begins in return for an alteration charge. Any payment in advance already made towards the rental shall not be refunded; nor shall any differential amount be refunded. Likewise, a booking can be cancelled before the rental begins. In the event of cancellation, the payment in advance already made towards the rental shall be paid back subject to a cancellation charge, which will be withheld and shall be in the amount of the rental charge (in accordance with Clause D including any extras and charges) for a maximum of 3 rental days. Cancellations can be made online or in writing and must be addressed to: RENT A CAR CABET, S.L. Centro Comercial Barcleys, Crta. Moraira – Teulada 48, 03724 Moraira (Teulada),Spain, Fax: +34 965 744 954, E-Mail: email@example.com In the event that the booked vehicle is not collected or not collected at the agreed time the rental charge already paid shall be withheld in full.
C. AUTHORISED DRIVERS, PERMITTED USES, TRAVEL ABROAD
1. When the vehicle is handed over, the lessee must produce a domestically valid driving license necessary for driving the vehicle. In the case of bookings made at the prepaid rates, the means of payment used at the time of booking must be presented. If the lessee is unable to produce said documents when the vehicle is handed over, RENT A CAR CABET will cancel the rental contract; in any such cases, the lessee shall have no claim for non-performance. The vehicle may only be driven by the lessee, or by members of his family, or by his employees, by his consent, as well as any other persons named in the rental agreement. It is the lessee´s responsibility to ensure that any driver is in possession of a driving licence that is valid in the countries in which the vehicle will be driven. Upon request, the lessor shall be obliged to advise the lessee in writing of the names (first name and surname) and addresses of the people he has authorised to drive the vehicle. The latter applies in particular when the lessor is required by the authorities to identify a driver that may have committed a driving offence.
2. The vehicle may only be used on public roads and highways. It is expressly forbidden:
a) to use the vehicle to take part in races, competitions or any kind of challenge;
b) to use the vehicle for driving lessons;
c) to use the vehicle for tests;
d) to transport people or cargo for commercial gain;
e) to sublet the vehicle;
f) to commit criminal offences with the vehicle, even if said offences are only considered to be of criminal nature in the place where the offence is committed;
g) to drive the vehicle when the driver’s physical condition is impaired by alcohol, drugs, tiredness or illness.
h) to use the vehicle to propel or tow other vehicles;
i) to use the vehicle in the event of risk, in particular if any of the dashboard warning lights illuminate;
j) to use the vehicle to transport toxic, flammable or other hazardous substances;
k) to alter the odometer of the vehicle; the lessor must be informed immediately of any malfunction of the odometer.
3. The countries in which the rental vehicle may not be used, as well as those countries where certain vehicle models may not be rented, are listed in the rental agreement. For vehicles rented in Spain, it is expressly forbidden to take the vehicle from the mainland to the islands and vice versa and/or between islands, as well as Ceuta and Melilla, unless the lessor has given express permission for this.
4. The lessee must ensure that any load carried in or on the vehicle is secure and must respect the weight limits and/or the number of occupants permitted in the respective vehicle. It is the responsibility of the lessee to lock the vehicle properly whenever it is left unattended.
5. The lessee shall be individually and jointly liable for the people who drive the vehicle during the rental period.
6. Without prejudice to the lessor’s liability to third parties, should any of the circumstances stipulated under sub-clauses 1 to 3 above arise, the lessor may terminate the contract with immediate effect and claim compensation for any loss and damage, including loss of profits, which the breach in question may have caused.
D. RENTAL CHARGES
1. The rental charges shall be those stipulated in the rental agreement. The minimum charge is one day. Unless a discount or special price has been agreed, the applicable rental charges are those given on the price lists in the CABET rental office. Alternative rates or surcharges may be applied for drivers under 25 years of age or for those who have held a driving licence for less than three years.
2. The costs of filling the vehicle, of petrol, service charges, as well as the cost of returning the vehicle to, or collecting it from, a location other than a CABET rental office, and any applicable taxes, unless specifically mentioned, are not included in the rental charge. Prices, offers and special discounts apply only if payments are made when due. The lessor reserves the right to modify the charges and discounts if these have been predicated on a manifest error or incorrect data provided by the lessee.
3. Additional charges or extras, such as mileage, child seats, telephone, navigation systems, snow chains, airport taxes, etc., shall be charged in accordance with the rates applicable at the time of booking. If these supplements or extras were not booked in advance, the rates valid at the time the rental vehicle is collected shall apply.
4. If the vehicle is not returned to the same rental office from which it was rented, unless otherwise agreed in writing, the lessee shall be required to pay the cost of returning the vehicle to the original rental office, in accordance with the fixed prices in the CABET price list.
E. DUE DATE, PAYMENT TERMS, GUARANTEES
1. The rental charge, as well as any other charges agreed, such as, for example, limitations of liability, delivery charges, airport taxes, etc., and VAT, shall be due at the start of the rental period. If the rental period exceeds a period of 28 days, the rental charge shall be payable at intervals of 28 days and at the beginning of each interval.
2. For bookings made at pre-paid rates, the rental charge plus any other charges agreed shall be due at the time of booking and shall be charged to the credit card that the lessee identifies the day after the booking is made.
3. The lessee shall be obliged to leave a deposit at the start of the rental period, plus any other charges agreed, such as, for example, limitations of liability, delivery charges, airport taxes, etc. and VAT. The deposit shall be the amount of the liability of the insurance as per vehicle type.
-The excesses of the full comprehensive insurancefor the various car groups are:
A-500€ B-550€ C-650€ D-700€ E-700€ F-700€ G+G1-800€
H-550€ € J-650€ L-800€ N-700€ I-550€ K-800€ ...
The lessee may be required to pay a deposit of up to .4,000 may be required for a higher class of vehicle. For bookings made under the pre-paid option, the lessee shall be obliged to present the credit card used to pay the deposit.
4. The deposit guarantees any of the lessee’s obligations or liabilities to the lessor. The lessor is authorised to use the amount of the deposit to pay for said liabilities (to charge lessee’s credit card after previous signed authorization for mentioned amounts) without prejudice to the right to claim those liabilities that exceed the amount of the deposit.
5. Unless any agreement to the contrary, the rental charge, the deposit and all other charges agreed shall be charged to the credit card identified by the lessee.
6. Additional fees, charges and other payments that arise at the end of the rental agreement shall be charged to the same credit card. The lessee may request a breakdown of the items invoiced and has a period of 30 days following receipt of the invoice in which to dispute said items.
7. If it has been agreed for payment to be made on receipt of an invoice, payment shall be due within 7 days after the invoice has been sent, the lessor being able to settle of the invoice via direct debit.
8. The lessee shall be deemed to be in default of payment from the day following the due date for the respective payment without any prior request for payment being necessary. In the event of non-payment, interest may be charged calculated on the legal base rate plus three ercentage points.
1. General insurance cover for the rented vehicle shall cover damage caused by theft, fire or major force.
2. The applicable excesses to be paid by the lessee, per claim, shall be determined by the price lists in force, and displayed at all CABET rental offices, at the time of rental.
3. The insurance cover shall exclude personal injury or property damage caused by gross negligence or wilful misconduct, for which the lessee bears full responsibility.
4. Similarly, the insurance cover shall exclude those accidents caused by an unauthorised driver of the vehicle, or if the driver of the vehicle was not in possession of a valid driving licence, or if the vehicle was being used in breach of provisions of sub-clauses C.2., C.3. and C.4. above, as well as in the cases stipulated under section I.2 of these terms and conditions.
G. ACCIDENTS / THEFT / OBLIGATION TO NOTIFY
1. In the event of an accident, theft, fire, damage from natural causes, or other damage generally, the lessee shall do whatever may be necessary to protect the lessor’s interests. In particular, he must notify the police immediately, if a criminal act is being committed, if there are personal injuries or if the guilt of the parties involved must be investigated.
2. In the event of an accident, the lessee shall complete the standard accident report form, which can be found among the documents provided with the rental vehicle, and notify the lessor of the accident, by submitting a copy of the accident report form, within a period of no longer than 24 hours. The original version of the form must be submitted within a period of no longer than two days. If the other party involved refuses to sign the accident report form, the lessee shall request the presence of the police.
3. If the vehicle is subject to any other damages, the lessee shall draft and deliver to the lessor a report describing said damages.
4. Accident report forms and/or the forms for reporting damages as outlined in the previous sub-clauses shall be completed fully and in the maximum detail possible, not only in terms of the damages but also regarding the circumstances in which said damages were caused.
H. LESSOR.S LIABILITY
1. The lessor shall not be liable for damage to or theft of items left inside the vehicle.
2. The lessor’s liability covers loss and damage caused by his employees and those for whom it is responsible in the event of gross negligence or wilful misconduct unless the lessor can demonstrate that it used appropriate diligence to avoid such losses. Loss and damage giving rise to compensation for breach of contract shall extend only to foreseeable and reasonable damage typical for the agreement and in no case to expected damage.
3. Damage to the vehicle does not automatically imply that the lessor is obliged to provide a substitute vehicle.
I. LESSEE’S LIABILITY
1. The vehicle shall be handed over to the lessee in good working order, without deficiencies, except for those observations that may be made when collecting the vehicle. The lessee shall return the vehicle in the same condition. The lessee shall be liable to the lessor for any damage to or theft of the vehicle as well as for losses caused by any breach of the agreement generally, except for those limitations of liability to which the lessor may agree, and those that may be applicable in accordance with the legal provisions in force but which are not included in these terms and conditions.
- should the lessee fail to submit an accident or damage report form, or he fails to do so in due time or fully, or if the report contains false facts or information;
- for losses that may be caused to the lessor by failing to provide emergency assistance or by failing to notify the police, as per the obligation provided for in paragraph G, unless the breach of these obligations was not caused by the gross negligence or wilful misconduct of the lessee;
- if the party that caused the damage is not an authorised driver or if the provisions of sub-clauses C.2, C.3 or C.4 of these conditions have been breached.
The contractual limitation of liability referred to in this paragraph applies only for the rental period.
2. On the other hand, the lessee and his vicarious agents shall be liable without limitation for the breaches of any provisions which they commit during the rental period, in particular breaches of traffic regulations. The lessee shall indemnify the lessor against any and all penalties, fines, duties, charges, and all other costs levied by the authorities. As compensation for the lessor.s administrative incurred in handling enquiries put to it by the prosecution authorities in order to investigate administrative and criminal offences committed during the rental period, the lessor shall receive from the lessee a flat-rate amount for each enquiry. The lessor shall be at liberty to claim greater costs for such enquiries if it proves the amount and reason for these being incurred.
3. Damages caused to the interior of the vehicle, those caused by incorrect refilling of the fuel tank or damage to the engine shall not be covered by the limitation of liability to which the lessor may agree as part of the rental agreement; neither shall damages caused to windows and mirrors, to tyres, damages to the underside of the vehicle or to the roof, and the costs incurred as a consequence of the loss or damage of the vehicle keys.
4. The lessee shall check if it is necessary to pay a motorway toll in the countries in which he intends to travel and shall pay any such toll.
5. If a supplement has to be paid on the road tax because of the net weight of the vehicle and the possibility of attaching a trailer, the lessee shall carry out and pay for the necessary procedures. The lessee shall indemnify the lessor against all duties, taxes, surcharges, sanctions or costs that may be imposed on lessor for any breach of the above obligation.
6. These provisions apply not only to the lessee but also to drivers authorised by the lessee, whereby the contractual limitation of liability included in these terms and conditions does not apply to unauthorised drivers.
7. Repair costs and charges for accessories for which the lessee is liable shall be calculated in accordance with the ‘average price of spare parts’. The amount determined by this method, if necessary, the amount of the policy excess shall be invoiced to the lessee. The latter has the right to receive a copy of the expert’s report. If the cost cannot be determined by this method, it shall be determined in accordance with the repair estimate issued by the workshop. The cost of compensation the lessee has to pay for total loss of the vehicle shall be the value of the vehicle at the time the accident took place. In addition to the general damages determined as above, the lessor also has the right to claim for loss of profit as a result of the impossibility of being able to use the vehicle that was involved in the accident.
J. RETURN OF THE VEHICLE
1. The rental agreement shall last for as long as initially agreed, at the end of which time the vehicle must have been returned. The duration of the rental agreement may be extended with the lessor’s prior consent, provided that the lessee’s request is made three days before the expiry of the agreed rental period. The first rental agreement shall apply if there is an exchange of vehicle and for rental periods of more than 28 days.
2. The lessee is obliged to return the vehicle, as well as the keys, documentation and accessories, to the lessor at the end of the rental period, at the agreed location, and during normal working hours, which are displayed in all CABET rental offices.
3. Special rental rates apply only to the period offered. If said period is exceeded, the normal rate shall apply to the whole period.
4. If the vehicle is returned late, the respectively applicable rental rates shall be charged until the date when the vehicle is returned.
5. It is the lessor’s responsibility to return the vehicle properly to the lessor at the agreed place. If this is not the case, and if the lessor is not at fault, then the lessee shall compensate the lessor for the period in which the latter has not been able to use the vehicle. The compensation will be calculated on the basis of the rental cost, plus any additional costs that may arise.
6. The lessee shall return the vehicle, the keys, the documentation and the accessories in the same condition as when he collected them. Should any of the accessories be missing, the lessor may demand the following amounts from the lessee: € 10,- for failing to return the vehicle papers, . 12 for any of the reflective jackets being missing, and € 15,- for failing to return both warning triangles. The applicable VAT will be added to these amounts. The lessor shall also be entitled to claim cleaning costs if the vehicle is returned dirtier than expected from normal use.
K. TERMINATION OF THE AGREEMENT
1. Each of the parties shall be entitled to terminate the rental agreement should any legal reason for doing so arise. The lessor shall have the right to terminate the agreement with immediate effect if the lessee is in default of payment for any amount due for more than seven days, or in the event of any other just cause. The following shall be deemed to be just cause:
- The returning unpaid of invoices, cheques, promissory notes or charges to a credit card, unless the lessee makes good on the payment within a period of seven days.
- If the lessee uses the vehicle in an inappropriate manner or causes damage to the same as a result of either gross negligence or wilful misconduct, including as a result of lack of any obligatory maintenance or servicing.
- Breach of applicable commercial transport rules;
- Breach of any of the prohibitions included in sub-clauses C.1, C.2. C.3. and C.4 of these terms and conditions;
- And generally when continuing the contractual relationship is no longer feasible, for example in the event of a heavy accident.
2. If the agreement is terminated, the lessee shall be obliged to return the vehicle immediately, together with the keys, the papers and accessories. In any event, on termination of the contract, the lessor shall be entitled to collect the vehicle from wherever it is located.
3. If the agreement is terminated, the lessor may claim for any loss and damage that it has suffered, these including not only general damages (including towage, experts, legal costs, etc.) but also loss of profit
caused by its inability to use the vehicle.
L. DATA PROTECTION CLAUSE
1. The lessee.s personal data are confidential. The lessee authorises said data to be saved in a file that is the property of RENT A CAR CABET , S.L. which shall be duty bound to keep the data secret. The personal data stored shall consist of:
- The name, postal address and e-mail address, landline and mobile telephone numbers, fax, date of birth, passport number, driving licence details and customer number;
- Any outstanding charges owed to the lessor or other companies in the same group;
- Any data relating to the loyalty programmes.
Subjective assessments nor those relating to the lessee.s assets shall be stored under any circumstances. The purpose of handling such data is exclusively for the maintenance and execution of normal commercial relations and the rendering of services arising from the business activities of the lessor.
2. The lessee agrees for RENT A CAR CABET, S.L. to send him its own commercial communications via post and e-mail. The company may pass on personal data to other companies of the Sixt group, vehicle manufacturers or tourism companies with the aim of keeping the lessee informed of the products or services offered by the group as well as products and services related to the rental of vehicles that may be of interest to the lessee.
3. RENT A CAR CABET, S.L.. may also pass on personal data to credit entities, law firms or debt collection agencies, provided that this is related to the lessor.s legitimate functions. That is particularly the case if:
- False or incorrect data are supplied when renting the vehicle;
- If the vehicle has not being returned within 24 hours after expiry of the rental agreement;
- If invoices have not been paid, or if purported payments are returned unpaid;
- Theft of or damage to the vehicle.
4. The lessee may exercise his right of access to, deletion and correction of his personal data, as well as his right to object to the commercialisation of his personal data, their use or communication to any third party by writing to this effect to RENT A CAR CABET, S.L. Centro Comercial Barcleys, Crta. Moraira – Teulada 48, 03724 Moraira (Alicante) or firstname.lastname@example.org, Fax 965.744.954
M. GENERAL PROVISIONS
1. The lessee has the right to receive a copy of these General Terms and Conditions in Spanish, a fact that has been mentioned in other versions of the same General Terms and Conditions that have been written in other languages. In the event of any dispute about the interpretation of the rental agreement, the Spanish text shall prevail.
2. Only undisputed claims of the lessee or of an authorised driver, by the lessor, or claims of the lessee or of an authorised driver that have become final and absolute, may be set off against claims of the lessor.
3. If there is more than one, lessee, they shall be jointly and severally liable to the lessor.
4. All rights and obligations arising out of this agreement endure to the benefit of and against the authorised driver.
N. PLACE OF JURISDICTION, WRITTEN FORM
1. There are no verbal side agreements between the lessee and the lessor. Any amendments must be made in writing.
2. In relationships with consumers, the place of jurisdiction shall be the place of performance, i.e. the place where the vehicle is collected.