Particular Terms and Conditions
• Payment conditions: Debit card, Credit card VISA/MasterCard or Cash. The card used must be in the name of the main driver on the rental agreement.
• The monthly rate includes: IVA and local taxes. Compulsory motor insurance in accordance with current legislation and vehicle occupant insurance.
• Insurance Excess: a fully refundable insurance excess is required for all vehicles.
• Important Information:
• All drivers must be at least 26 years old and in possession of a valid driving licence for at least two year.
• The following documents are also necessary: Passport or ID Card, driving licence.
• The return of the vehicle more than 1 hour over the stated end time of the rental contract will generate a charge of €50.00 per day plus an extra amount corresponding to the additional rental days (with a minimum of €50.00 and one day rental charge).
• If the vehicle receives a fine during the rental period, you will be responsible for full payment of the fine as well as a €50.00 traffic fine management fee.
• If the client returns the vehicle without the relevant papers, after checking the vehicle, an extra fee of €105.00 will be charged.
• Charge for ‘special cleaning’ for the costs incurred from an additional valeting service arising from the clearly inadequate condition of the vehicle at the time of its return, with a maximum charge of €150.
• You will be responsible for all costs associated with incorrect fuel usage.
General Terms and Conditions for Car Rental
1-PURPOSE Customers receive the rental vehicle described in the rental Agreement in perfect working order, with all its documents, tires, tools and accessories, and undertake to look after them and drive the vehicle in compliance with the Highway Code and the provisions set out in these General Terms and Conditions.
2-VEHICLE RETURN CONDITIONS Customers must return the hired vehicle in its pre-rental condition, together with all its documents, tyres, tools and accessories, at the place and on the date and time set out in the rental Agreement. Customers must not change the vehicle’s technical specifications, keys, equipment, tools and/or accessories, or make changes to its external or interior appearance. Otherwise, customers must pay for the expense of returning the vehicle to its pre-rental condition, without detriment to auto-inclusive loss-of-income during the period the vehicle is not available for rent because it is being valeted, and for any other damages sustained by auto-inclusive.
3-FAILURE TO RETURN THE VEHICLE Failure to return the vehicle on the date and time set out in the Contract authorises auto-inclusive to charge customers for each day they use the vehicle after it should have been returned. Auto-inclusive will also charge a penalty of €50 for every day of delay to cover the inconvenience caused. Similarly, returning or abandoning the vehicle in a place other than the one indicated in the Agreement, will entitle auto-inclusive to require customers to pay:
i) Rent for each extra day needed to retrieve the vehicle and return it to its pre-rental condition so it can be hired again;
ii) €50 as compensation for loss-of-income, and
iii) plus the cost of moving or towing the vehicle, tolls, and safekeeping and guarding, as the case may be, to the place convened in the Agreement for returning the vehicle. In the event that the vehicle disappears or is not returned, auto-inclusive reserves the right to bring legal action against the customers before the competent authorities with the full weight and consequences of the law.
4-PAYMENTS AND METHODS OF PAYMENT
4.1 Payments: Customers undertake to pay auto-inclusive:
a) Charges arising from vehicle hire, insurance and taxes determined by the current auto-inclusive rates (hereinafter, General Rates), which have been previously communicated to the client. The application of the initially agreed rate is dependent upon the vehicle being returned at the designated place and time and on the stipulated date. Rates may vary depending on the time of year and the office in question, whereby, prior to hiring a vehicle, it is the client’s responsibility to verify the rate that is to be applied.
b) The amount associated with the chosen Vehicle Return System.
c) Any other items that may apply to the customers, according to auto-inclusive contract and commercial terms and conditions.
4-2 Payment as a consequence of inadequate use by the customer: Customers subsequent to the finalisation of the rental period, undertakes to pay auto-inclusive any amounts arising as a result of the following:
a) Charge for ‘special cleaning’ for the costs incurred from an additional valeting service arising from the clearly inadequate state of the vehicle at the time of its return, with a maximum charge of €150.
b) Up to €280 for the expense incurred through the loss of a vehicle’s documents or keys, and/or sending a set of keys to the office concerned, in the event of loss, breakage or return of the vehicle’s keys to an office that is not the office at which the vehicle was collected, or for any other situation attributable to the customers in which the vehicle is immobilized.
c) Tow-truck costs in the cases set out in the various clauses of this Agreement.
d) The costs arising from loss wear or damage to the wheels, tyres (including flat tyres and blowouts), tools, windscreens, rear-view mirrors, accessories, the vehicle’s interior, and problems caused by using the wrong type of fuel.
e) Any tolls, fines, sanctions, and court costs caused by infringement of highway regulations, laws, rules and by-laws (including congestion charges and restrictions to motor vehicles, where these exist) incurred by the customers during the rental period that have been met by auto-inclusive.
f) Not withstanding the foregoing, auto-inclusive reserves the right to charge the customer an extra €50 for the administrative costs it incurred for processing and sending notice of the above-mentioned sanctions to the competent authorities.
g) The cost of repairs for damages caused to the vehicle in the event of an accident, in any of the following circumstances:
– The vehicle was not used according to the agreed terms and conditions. – The accident report form – either the ‘Declaración Amistosa de Accidente’ (DAA or Amicable Accident Report) or the ‘Informe de Siniestro’ (Accident Report) – was not completed and sent to auto-inclusive in due time, or it is a misrepresentation of the facts. -The damage done to the vehicle is due to the customer’s miscalculation of the height of the vehicle.
h) The costs of the ‘Accidents Administration Fee’ up to a maximum of €150. Any amounts arising from such items shall be charged directly to the customer using the electronic payment or equivalent system used to hire the vehicle, with the customer expressly authorizing the acceptability of paying such charges. The amount charged to customers for damages to the vehicle is computed according to the assessment made by an independent adjuster. Alternatively, if an external assessment cannot be made, customers will be charged the amount resulting from a preliminary assessment made by us. All the foregoing will apply without prejudice to a subsequent settlement and a garage makes adjustment after an estimate or an independent adjuster makes an assessment.
5-INSURANCE AND COVERS
5.1 Compulsory insurance and Civil Liability Insurance.
Rental rates include Compulsory Insurance for the vehicle, and Supplementary Civil Liability insurance to cover damage to third parties as a result of using and driving the vehicle.
5.2 Basic Cover
The hire rates also include the BASIC COVER for damage to the vehicle due to:
A – Collision
B – Theft
C – Accidental fire and acts of vandalism. The Basic Cover will be valid as long as the following conditions are met:
A – The customer, in the event of a collision, sends auto-inclusive the full details of the third party and possible witnesses before forty-eight hours have elapsed, as well as a completed accident report form, an ‘Agreed Statement of Facts’ (DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party’s insurance company, and, if possible, the number of the insurance policy. All this must be signed by the two drivers involved in the accident, or, if there is no accident report form, a Claims Report.
B – The insurance company does not refuse to accept the claim because the vehicle’s driver was not in the physical and mental condition required by the Highway Code.
C – The collision, theft, fire, or act of vandalism did not take place during unauthorized use.
D – The customers sent notice of the collision, theft, fire, or act of vandalism caused to the vehicle within forty-eight hours of the event, together with the relevant documents (accident report, report to the authorities, etc.). THIS COVER EXPRESSLY EXCLUDES:
A – Damage to tyres, wheels, and vehicle interior, outside rear view mirrors, glass and underside
B – Flat tyres and blowouts
C – Damage to the clutch and gearbox
D – Compensation for the days the vehicle cannot be used due to repairs
E – Fees for a tow truck
F – Fees for recharging the battery
6-CUSTOMER OBLIGATIONS IN THE EVENT OF AN ACCIDENT AND OTHER CIRCUMSTANCES
In the event of an accident, customers undertake:
A – To send auto-inclusive the full details of the third party and any witnesses before forty-eight hours have elapsed, as well as a completed accident report form (Agreed Statement of Facts – DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party’s insurance company and, if possible, the number of the insurance policy. The two drivers involved in the accident must sign the accident report form. If there is no accident report form, the parties must complete a Claims Report.
B – To alert the authority immediately if the guilt of the third party needs to be investigated or if anyone has been injured;
C – Not to abandon the hired vehicle without taking due measures to safeguard it. In the event of an act of vandalism, fire, theft or disappearance of the vehicle, customers undertake to notify auto-inclusive of the event immediately and to report it to the authorities, sending a copy of the report to auto-inclusive as soon as possible.
7-NON-AUTHORISED USE It is the customers’ duty to use the vehicle with due diligence, in line with its characteristics, and to obey the current Highway Code, avoiding any situation that might cause damage to the vehicle or to third parties.
Likewise, it is the customers’ duty not to allow anyone other than those authorised under this vehicle hire agreement to drive the vehicle. Customers are liable for any damage to the vehicle or to third parties arising from a breach of such terms. Failure to comply with the provisions of these sections will be construed as non-authorised use. Customers are fully liable for damage to the exterior and interior of the vehicle due to non-authorised use. In the event of prosecution, customers must pay for all court costs and lawyers’ fees, even if the latters’ involvement in the proceedings was not mandatory. Non-authorised use includes, but is not limited to the following cases, given by way of example:
A – Pushing or towing another vehicle.
B – Driving in areas not suited to public transport, such as beaches, race tracks, forestry roads, back roads, etc. C – Driving on dirt roads and very poorly paved roads that could cause damage to the underside of the vehicle. D- Driving the vehicle in restricted areas, and more specifically on airport roads and other roads for aeronautical and/or military use.
E – Negligent behaviour when the vehicle’s indicators show an alert that customers state are known to them when they sign this agreement.
F – Transport of goods or animals and, in particular, substances that are hazardous, inflammable and/or poisonous for the vehicle and its occupants.
G – The transport of individuals or goods for which the customers receive direct or indirect payment.
H – Sub-leasing the vehicle.
I – Using the vehicle for unlawful activities.
J – Transporting a number of passengers and amount of luggage not authorised for the vehicle concerned.
K – Manipulation of the milometer. Customers must report any malfunction of the milometer to auto-inclusive immediately.
L – Transport of luggage or any other item on the vehicle’s roof, even when an adequate luggage rack is used for the purpose.
M – Damage to the vehicle caused by leaving tempting items in plain sight inside the vehicle.
N – Dirtying the inside of the vehicle beyond what would be expected from reasonable and careful use.
O – Driving the vehicle when tired, not feeling well and under the influence of alcohol, medicine or drugs.
P – Reckless driving.
Q – Using the vehicle to give driving lessons under any circumstance and/or to teach special driving techniques. R – Driving against the traffic regulations.
S – The vehicle is driven by a person who is not authorised to do so in the agreement, as either a customer and/or a supplementary driver.
T – Driving a hired vehicle beyond the borders of continental Spain.
U – Continued use of the vehicle after the rental period has ended. Any unauthorised use on the part of the customer will entitle auto-inclusive to terminate the Rental Agreement early for breach of contract by the former and, where appropriate, to claim for any damages that may apply in this respect.
8-DRIVING LICENCE. Customers must have a valid driving licence recognised in the country where they collect the vehicle. Customers are liable for the expiry date and recognition of the driving licence and must not hold auto-inclusive liable under any circumstance. Customers must be aged TWENTY SIX or older and have held a driving licence for at least 2 years. When these two circumstances are not met, special conditions may be agreed at an extra cost.
9-JOINT LIABILITY Customers and/or authorised additional drivers are jointly liable for the customers’ obligations under this Agreement and the relevant laws that are applicable to the same.
10-THEFT AND LOSS OF PERSONAL BELONGINGS auto-inclusive is not to be held liable for items stolen, forgotten or lost inside the vehicle.
11-DEPOSIT Upon signing the Agreement, customer must pay a deposit proportional to the rate for the vehicle to ensure compliance with the general and special terms and conditions set out in the Agreement. In the event of an extension to the rental period, the deposit must be increased proportionately to the number of days extended. The deposit is returned at the end of the rental period after the vehicle has been inspected and compliance with the Agreement’s general and specific terms and conditions has been verified. For that purpose, the deposit may be retained for up to 15 days after the vehicle has been returned.
12-GOVERNING LAW The laws of Spain govern this agreement. Auto-inclusive states their intention of resolving any controversies in a friendly manner. Where this is not possible, any controversies between auto-inclusive and the customers will be settled in the courts of the place where the vehicle was hired.