GENERAL RENTAL TERMS

PORTCAR – referred to as the Lessor, rents the vehicle specified in the contract to the person(s) identified in the contract as driver(s) and/or payer(s), referred to as the Lessee, in accordance with the conditions contained in this contract, its annexes, and in relation to the current rate and the agreed price in the rental contract, based on the selected rate.

The Lessee acknowledges that they have received the vehicle in perfect working condition and cleanliness, with the body, upholstery, tires, headlights, and accessories in good usable condition, along with the necessary documentation for operating the vehicle. The Lessee is responsible for replacing any damaged or lost elements of the vehicle due to actions attributable to the Lessee and covering all expenses incurred by the Lessor resulting directly from the Lessee’s use of the vehicle that can be attributed to the Lessee.

EXPOSE

I. That the Lessor is authorized to assign the use of the vehicle whose description appears in the Annex to this contract and is interested in leasing it.
II. That the Lessee is interested in renting said vehicle.
III. That both parties have agreed to formalize in this document a lease contract for the aforementioned vehicle, which will be governed by the following

CLAUSES

First.- Object.
1.1. The Lessor leases to the Lessee the vehicle described in Exhibit I of this contract, with the Lessee taking charge of any responsibilities that may be incurred for the possession and use of the vehicle from the moment of delivery and until it is returned to the Lessor. .
1.2. The Lessee acknowledges that he has received the vehicle in perfect working order and cleanliness, with the bodywork, upholstery, tires, headlights and accessories in good condition of use, and the necessary documentation to drive with it. The Lessee must proceed to replace any element of the vehicle that is damaged or lost for reasons attributable to the Lessee, and pay all amounts incurred by the Lessor that have derived directly from the use of the vehicle by the Lessee that are attributable to the Lessee. this.
1.3. It is expressly prohibited for the Lessee to vary any technical characteristic of the vehicle, equipment or exterior and/or interior appearance, and in case of doing so, the Lessee must bear the costs of reconditioning the vehicle to its original state and pay an amount as compensation for immobilization of the vehicle. which is set at the daily rental price for the days it is immobilized.

Second. – Duration and Cancellation

2.1. The duration of this contract shall be days. Upon expiry, if the Lessee wishes to keep the vehicle for a period longer than that agreed in the contract, they must notify the Lessor before the end of the agreed term and obtain the Lessor’s written authorization, as well as pay the corresponding amount. If the Lessee fails to give notice or fails to pay the amount owed, the Lessor may repossess the vehicle at any time and charge the resulting costs to the Lessee. If the vehicle is returned before the date and time agreed in the contract, NO REFUNDS OR DISCOUNTS WILL BE GIVEN ON THE TOTAL AMOUNT PAID!

2.2. The Lessee agrees to return the vehicle to the Lessor at the place, date, and time specified in the contract. The rental shall be considered concluded only once the vehicle and its keys have been handed over to the Lessor.

2.3. Bookings made two weeks or less before the reservation date may be cancelled free of charge up to 24 hours before the paid reservation’s date and time. Bookings made more than two weeks before the date may be cancelled free of charge up to one week in advance. If cancelled outside the free cancellation period, the customer shall forfeit the amount paid for the reservation.

Third. – Price

3.1. The rental price is set on a daily basis, to be paid by the Lessee before the vehicle is handed over. Should any amount remain unpaid (for any other agreed period within any of the months the contract is in effect), the Lessor may terminate the contract by notifying the Lessee of its decision not to continue with the agreement.

3.2. The Lessee agrees to pay the Lessor the total rental price specified in the contract. This price shall include the amounts set for time and mileage, where applicable, contracted insurance, and taxes arising from the agreement. The Lessee agrees to provide the security deposit required under the Annex to cover any potential liabilities.

3.3. The rental rates include the vehicle’s mandatory basic third-party liability insurance. Optional insurance supplements — such as full coverage with or without excess — include: third-party liability, roadside assistance, and damage caused by third parties. The following damages shall be the Lessee’s responsibility:

  • Injury to the driver of the vehicle or its occupants.
  • Damage to the insured vehicle caused by luggage, goods, or objects transported in the vehicle.
  • Personal injury and property damage suffered by the Lessee as a result of theft of the insured vehicle.

3.4. If full coverage (all-risk insurance with no excess) is contracted, the insurance covers everything except: impacts to the underside of the vehicle, tire punctures and blowouts, radio damage, seat burns, damage to the vehicle’s interior, loss or theft of keys and mirrors, intentional damage caused by the Lessee’s negligence, and damage caused while the driver is under the influence of controlled or illegal substances or is otherwise unable to operate the vehicle safely.

Fourth.- Use of the vehicle.
4.1. Only the Lessee and persons duly identified and authorized to do so as stated in the Annex to the contract are authorized to drive the vehicle, with the condition that they have reached the age of 18, and are holders and in possession of a valid driving license. and in force for at least 2 years.
4.2. The Lessee undertakes to drive the vehicle in accordance with the rules of the Highway Code and the specifications of use of the type of vehicle, being responsible for the amount of fines for any violation of the applicable current legislation that the lessee may incur.
4.3. The Lessee will use the vehicle exclusively for his own use, and it may not be used for the transport of passengers or goods for commercial or industrial purposes unless authorized.
4.4. The Lessee agrees not to use the vehicle or allow it to be used in the following cases:
a) Paid transportation of passengers.
b) Push or tow any vehicle or any other object, rolling or not.
c) Participate in competitions, official or not.
d) Carry out resistance tests on automotive materials, accessories or products.
e) Driving the vehicle under the influence of alcohol or narcotics.
f) Transport of goods that violate the law or current legal provisions or for illegal purposes.
g) Transportation of passengers in excess of the number authorized and indicated in the vehicle’s Technical Inspection Sheet.
h) Transport of goods in weight, quantity and/or volume greater than that authorized in the Technical Inspection Sheet of the vehicle.
i) Transport of goods classified as special or dangerous by current transport laws.
j) Not use or allow the rented vehicle to be used as a means or instrument for the commission of crimes, actions punishable, prohibited or simply sanctioned by Law, assistance to criminals or protection, transportation and shelter of objects originating from crimes.
k) Do not make modifications to the structure or mount a roof rack or luggage/goods on the roof.
l) Do not drive the vehicle outside Spanish territory or make transfers between islands.
m) Do not manipulate or unseal the odometer, and must notify the Lessor of any fault therein. Mileage will be measured by the odometer or by road maps if the odometer breaks.
4.5. Unless expressly authorized, the leased vehicle may only circulate in the area authorized in the annex to the contract.
4.6. The Lessee agrees to keep the vehicle closed when not using it and to keep its documents inside.
4.7. The Lessee undertakes to stop and immobilize the vehicle when it detects any anomaly in its operation or a warning light comes on, and must immediately contact the Lessor or the assistance company that the Lessor has arranged.
4.8. The lessee may not assign, sell, sublease, mortgage, pledge or dispose of the vehicle or its elements in any way without the express written consent of the Lessor.
4.9. The vehicle is delivered to the lessee with an empty fuel tank, and the lessee undertakes to return it with an equally empty tank. The fuel consumed by the vehicle during the rental period is the responsibility of the lessee.

Fifth.- Maintenance and repairs.
5.1. The Lessor assumes the normal mechanical wear and tear of the vehicle. The costs of maintenance and repair of breakdowns suffered by the vehicle during the rental period are the responsibility of the Lessor. In the event that it is necessary to carry out repair or maintenance, the Lessee must obtain the authorization of the Lessor to carry it out and provide the corresponding invoice in the name of the Lessor for reimbursement.
5.2. The Lessee is obliged to pay the entire amount indicated in the annex to the same contract for the repair of the vehicle to the Lessor, in the event that the vehicle is returned with damage caused during its use.

Sixth.- Accidents and thefts.
6.1. The Lessee and persons authorized to drive the vehicle as provided in the Annex, participate in the civil liability insurance policy arranged by the Lessor.
6.2. The Lessee must inform the Lessor immediately of any accident and fill out the accident report with the complete information of the opponent and possible witnesses, which must be sent to the Lessor. The existence of injuries must be brought to the attention of the competent authorities.
6.3. In the event of an accident, and whenever reasonably possible, the Renter will not abandon the vehicle without taking appropriate measures to protect and safeguard it.
6.4. In case of theft, the Tenant must file a report with the competent authority and send a copy to the Landlord.
6.5. The Lessee may contact the Lessor at the telephone number, email address or tax address of the Lessor’s establishment listed in the Annex.
6.6. In the event of an accident, the Lessee will be responsible for all damages to the rental car that cannot be proven to have been caused by third parties and will be responsible for up to the total amount of the value of the vehicle, if no coverage has been agreed. all risk (including anti-theft protection).
The right to take advantage of the agreed comprehensive coverage (including anti-theft protection) may be reduced or eliminated if the damage is intentional or caused by gross negligence.
6.7. In the event that the Lessee is at fault in an accident and has not contracted the franchise plus guarantee, the Lessor can claim the days spent in the workshop repairing the vehicle as rental days.

Seventh.- Resolution for non-compliance.
7.1. The Lessee undertakes to comply with each and every one of these clauses and agrees that failure to comply with any of them will give rise to the Lessor to declare the lease terminated without the need for any prior request and/or intimation from the latter, being charge of the first each and every one of the obligations that has been assumed by signing this document.

Eighth.- Jurisdiction.
8.1. Both parties agree to submit to the legally applicable courts.
8.2 In the event of breach of the contract by the Lessee, the Lessee will fully assume the attorney and attorney fees of the company STAN PORT CARS S.L (which will be calculated according to the competent College of Lawyers and Attorneys), in the judicial procedure initiated against it. as a consequence of breach of contract.
And for the record, they sign this lease contract, in duplicate and for a single purpose, on the date and place indicated above.

EXPRESS CUSTOMER CONSENT

In order to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, and following the Recommendations and Instructions issued by the Spanish Data Protection Agency (A.E.P.D.), YOU ARE INFORMED:
1. The personal data requested and provided by you are incorporated into a privately owned file whose responsible and sole recipient is STAN PORT CAS SL.
2. Only those data strictly necessary to adequately provide the requested services will be requested, and it may be necessary to collect contact data from third parties, such as legal representatives, guardians, or persons in charge designated by them.
3. All data collected has a commitment to confidentiality, with legally established security measures, and under no circumstances are they transferred or processed by third parties, natural or legal, without the prior consent of the client, guardian or legal representative, except in those cases in which it is essential for the correct provision of the service.
4. Once the relationship between the company and the client has ended, the data will be archived and preserved for a minimum period of one year, after which it will remain archived or, failing that, will be returned in full to the client or legal authorized representative.
5. The data that I provide will be included in the Processing called Clients of STAN PORT CARS SL, for the purpose of managing the contracted service, issuing invoices, contact…, all procedures related to clients and I express my consent. I have also been informed of the possibility of exercising the rights of access, rectification, cancellation and opposition, indicating it in writing to STAN PORT CARS SL with address in Valencia, c/ Switzerland 9 esc. B, p. 13 CP 46024 and c/ San Vicente Mártir 210 CP 46007.
6. Personal data are transferred by STAN PORT CARS SL to the entities that provide services to it.

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