GENERAL RENTAL CONDITIONS
PORTCAR – referred to as The Landlord rents to the person(s) identified in the contract as driver(s) and/or payer(s), referred to as TheLandlord, the vehicle referred to in the contract, in accordance with the conditions contained in this contract, in the annexes thereto, and in relation to the prevailing tariff and the price agreed in the rental contract, depending on the selected tariff.
The lessee acknowledges that the vehicle has been received in a perfect state of operation and cleanliness, with the bodywork, upholstery, tyres, headlights and accessories in good condition of use, and the necessary documentation to drive with it. The Lessee must replace any part of the vehicle that has been damaged or lost for reasons attributable to the Lessee, and pay all amounts paid by the Leaser that have resulted directly from the use of the vehicle by the Lessee that are attributable to the latter.
1. USE OF THE VEHICLE
1.1. The lessee undertakes to drive the vehicle in accordance with the regulations of the Highway Code and the specifications for use of the type of vehicle, being responsible for the amount of the fines for any infringement of the applicable legislation in force that may be incurred by the lessee.
1.2 Only the lessee and duly identified and authorised persons are authorised to drive the vehicle as stated in the Appendix to the contract, provided that they have reached 18 years of age, are holders and are in possession of a valid driving licence in force for at least 2 years. Only the following shall be considered valid driving licences in Spain:
- Those issued in accordance with the Spanish legislation in force;
- Those issued by other countries or of an international nature that were recognised as valid for the purposes of allowing driving in Spain;
- Those issued by the Member States of the European Union in accordance with Community legislation.
1.3. The Hirer shall 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 authorised.
1.4. The lessee undertakes not to use the vehicle or let it be used in:Paid transport of passengers; pushing or towing any vehicle or any other object, rolling or not; participating in competitions, official or not; testing the resistance of materials, accessories or products for automobiles; driving the vehicle under the effects of alcohol or narcotics; transporting goods that infringe the law or legal provisions in force or for illegal purposes; transporting passengers in excess of the number authorised and indicated in the Technical Inspection Card of the vehicle; transporting goods in weight, quantity and/or volume greater than that authorised in the Technical Inspection Card of the vehicle; transport of goods classified as special or dangerous by the current transport laws; not to use or allow the rented vehicle to be used as a means or instrument for the commission of crimes, punishable actions, prohibited or simply sanctioned by law, aid to delinquents or protection, transport and shelter of objects coming from crimes; not to modify the structure nor to mount on the roof rack or luggage/goods; not to circulate with the vehicle outside Spanish territory nirealizar transfers between islands; nomanipular neither to unseal the odometer, having to communicate to the Landlord any fault in the same one. The mileage will be measured by the odometer or by the road maps if the odometer is damaged; unless expressly authorized, the rented vehicle may only circulate in the area authorized in the annex to the contract; the lessee undertakes to keep the vehicle closed when not in use and to keep inside the documents of the same; the lessee undertakes to stop and immobilise the vehicle when any anomaly in its operation is detected or any witness is lit, and must immediately contact the lessor or the assistance company agreed upon by the latter; 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; 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 for the account of the lessee.
1.5. It is expressly forbidden for the lessee to vary any technical characteristic of the vehicle, equipment or exterior and/or interior appearance, and in the event of doing so must bear the cost of reconditioning the vehicle to its original state and pay an amount as compensation for immobilization of the vehicle which is fixed in the daily rental price for the days it is immobilized.
2. RETURN OF THE VEHICLE
2.1. The hirer undertakes to return the vehicle to the lessor at the place, date and time specified in the annex to the contract. The rental is only considered finished once the vehicle and its keys have been handed over to the lessor.
2.2. If the lessee wants to keep the vehicle for longer than agreed in the contract, must notify the lessor before the end of it and obtain written permission from it and pay the amount.
3.1 The rental price is the price expressed in the rental contract and is established on the basis of the General Price in Force (in relation to services, taxes and insurance and/or optional exemptions) and the price agreed with the Lessee at the time of rental, according to the selected rate.
3.2. The Tenant undertakes to pay the Landlord the full price of the rental as set out in the Annex. The price shall include the amounts fixed for time and mileage, if any, fuel contracted or not replaced, insurance contracted and taxes derived from the contract. The Tenant undertakes to provide the deposit required in accordance with the Annex to meet possible liabilities.
3.3. The rental rates include the coverages of the compulsory insurance of the vehicle, as well as everything included in the insurance policy (theft, fire, windows and civil liability). The following damages shall be borne by the lessee:
Damage caused to the person of the driver of the vehicle or its occupants.
Damage caused to the insured vehicle by luggage, goods or objects transported in the vehicle.
Bodily and material damage caused to the Lessee as a result of the insured vehicle having been stolen.
3.4 All prices are inclusive of VAT and fully comprehensive insurance with a € 600 excess. The excess of km is € 0.10 per km.
3.5 Method of Payment: Payment by the Lessee to the Landlord of the amounts referred to in section 3.1 above must be made by credit card or in cash.
4. MAINTENANCE AND REPAIRS.
4.1. The lessee assumes the normal mechanical wear of the vehicle. The costs of maintenance and repair of breakdowns suffered by the vehicle during the rental period are borne by the lessor. In the event that it is necessary to carry out a repair or maintenance, the Lessee must obtain the authorisation of the Landlord to do so and provide the corresponding invoice in the name of the Landlord for reimbursement.
5. ACCIDENTS AND THEFT.
5.1. The lessee and persons authorised to drive the vehicle in accordance with the provisions of the annex to the contract participate in the civil liability insurance policy taken out by the lessor.
5.2. The Lessee must immediately inform the Landlord of any loss and fill in the accident report with full details of the opposing party and any witnesses, which must be sent to the Landlord. The competent authorities must be informed of the existence of injured persons.
5.3. In the event of an accident, and whenever reasonably possible, the Lessee shall not abandon the vehicle without taking adequate measures to protect and safeguard it.
5.4. In the event of theft, the Lessee shall lodge a complaint with the competent authority and send a copy to the Landlord.
5.5. The Tenant may contact the Landlord at the telephone, e-mail or tax address of the Landlord’s premises listed in the Annex.
5.6. In the event of an accident, the Hirer shall be liable for all damages to the rental car which cannot be proved to have been caused by third parties and shall be charged up to the full value of the vehicle if no comprehensive cover (including anti-theft protection) has been agreed.
The right to the agreed comprehensive cover (including burglary protection) may be reduced or eliminated if the damage is intentional or caused by gross negligence.
6. RESOLUTION FOR NON-COMPLIANCE.
6.1. The Lessee undertakes to comply with each and every one of these clauses and agrees that failure to comply with any of them will result in the Lessee declaring the lease terminated without the need for any prior requirement and/or summons on the part of the latter, the first being responsible for each and every one of the obligations he has assumed by signing this document.
7.1. Both parties agree to submit to the courts that legally correspond.
7.2 In the event of breach of contract by the Tenant, the Tenant shall be fully liable for PORTCAR’s attorney and solicitor fees in the legal proceedings brought against the same as a result of the breach of contract, and any matters arising under this contract between the Tenant and the Landlord shall be subject to the jurisdiction of the Spanish courts and tribunals to which both parties submit.
And for the record, sign this lease contract, in duplicate and for a single purpose, on the date and place indicated above.
8. PROTECTION OF PERSONAL DATA
In order to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and following the Recommendations and Instructions issued by the Spanish Data Protection Agency (A.E.P.D.), IT IS REPORTED:
The personal data requested and provided by you, are incorporated into a file of private ownership whose responsible and sole addressee is PORTCAR.
Only those data strictly necessary to adequately provide the services requested 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.
All data collected has the commitment of confidentiality, with the security measures legally established, and under no circumstances are transferred or processed by third parties, physical or legal, without the prior consent of the client, guardian or legal representative, except in those cases where it was essential for the proper provision of service.
Once the relationship between the company and the client has ended, the data will be archived and conserved for a minimum period of one year, after which it will continue to be archived or failing that it will be returned in its entirety to the client or legally authorized.
The data you provide will be included in the Treatment called PORTCAR Customers, for the purpose of managing the contracted service, issuing invoices, contact …, all efforts related to customers and 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 PORTCAR with address in Valencia (SPAIN), c/ Suiza 9 esc. B, p. 13 CP 46024.
Personal data will be transferred by PORTCAR to the entities that provide services to it.