Terms and conditions
By the present contract, PATRONCAR GT S.L. leases the vehicle to the Hirer described in the previous page under the terms and conditions established in that page and in the present page.
When signing this contract, the Hirer is bound by the terms and conditions.
1.- USE OF THE VEHICLE:
The Hirer acknowledges that he receives the vehicle in perfect mechanical condition, with the necessary documents, tools, tyres and relevant accessories and he undertakes to keep it in good condition. Likewise he undertakes:
a) not to transport people or goods or to use it for any other type of activity, which may entail directly or indirectly sub-leasing the vehicle.
b) not to permit the vehicle to be driven by any person other than himself or those expressly authorized on the front page of this contract.
c) not to drive the vehicle in a physically limited condition due to consumption of alcohol or narcotics, tiredness or illness.
d) not to use it for push-starting or towing other vehicles or trailers.
e) not to participate in races or in any other sport events or any form of training with the vehicle, or material resistance, accessories or vehicles products tests. Neither to participate in circuit type sports stadiums, whether they are official or non-official.
f) not to unseal or manipulate the odometer, notifying immediately PATRONCAR GT
S.L. about possible damage to the odometer.
g) not to take more passengers than those specified by the vehicle manufacturer or permitted by the law.
h) to park and keep the vehicle properly and to protect it against frost damage.
i) not to leave Spain or make journeys to islands or around islands unless the Rental Firm has previously authorized it.
j) not to use the vehicle for commercial purposes to transport fish, meat, inflammable materials, explosives, liquid and gaseous fuels, fruits and vegetables, as well as live or dead animals (even if they are pet friendly), or any type of bottled liquid.
k) If any warning light in the vehicle lights up, the vehicle must be stopped as soon as possible, contacting the Rental Firm or the assistance company, he/she has agreed on.
l) The Hirer is obliged to notify the condition of the leased vehicle to the authority in the case of being reported due to a traffic administrative offense.
2.- RETURN OF THE VEHICLE:
The vehicle must be returned to the place and on the date specified on page hereof. Any change must be previously authorized by PATRONCAR GT S.L. A failure to comply with this Condition entitles PATRONCAR GT S.L. to take the vehicle back or to claim it back legally. Also, PATRONCAR GT S.L. reserves the right to obtain the return of the vehicle at any time during the term of the contract if its use infringes the contractual provisions set forth herein.
If, upon return of the vehicle at the end of the rental term, the Hirer, for reasons he is responsible for, is not present at the return inspection leaving the keys in a box or non- availability and any damage is detected to the vehicle, he must accept the assessment of the damage based on the inspection made by PATRONCAR GT S.L.’s staff during his absence.
The rental period of one day corresponds to 24 hours after delivery of the vehicle.
The Hirer expressly commits to pay to PATRONCAR GT S.L.:
a) The corresponding charge for time and kilometers calculated according to the rates. If the rental must be charged to a credit or charge card, your signature in “accepts”
corresponding to such acceptance of the contract of rental on the front page of this document authorizes the Rental Firm to charge the final total amount against your account with the card issuer entity and it is considered as done in the debit note of such entity.
b) The corresponding charge for the hirer’s relief of the total or partial liability for damage caused to the vehicle arising from a collision, for total or partial relief of any liability regarding the robbery or theft of the vehicle, for additional charge of bodily harm, theft of personal belongings and any others stipulated.
c) Expenses incurred by PATRONCAR GT S.L. (including lawyers and barristers fees) to claim amounts due by the hirer by virtue of the present contract.
d) The additional charges that correspond to the use of such vehicle in different cities, or if appropriate, according to the rates specified on the front page or in the corresponding additional pages if the vehicle is left in any other place or city different from that in which the vehicle was rented, without the consent in writing of the Rental Firm subject to charge per kilometer indicated by the rate in force for this case.
e) The amount of any fines, legal expenses and out-of-court expenses arising from inappropriate parking, traffic offences and transport regulations or any other type concerning the vehicle, the Rental Firm or the Hirer during the validity of the contract unless it has been caused due to the Hirer’s fault.
f) The costs of repairing damages to the vehicle caused by a collision or rollover, robbery or theft, however establishing that if such vehicle is being used according to the terms of this contract, the Hirer’s responsibility:
1. will not exceed the amount that is specified for the different vehicles models according to the market.
2. will be limited to the insurance excess value if the Hirer has previously agreed with the Rental Firm the partial waiver of damage liability (CDW Collission Damage Waiver).
3. will not exist if the Hirer has previously agreed with the Rental Firm the waiver of all liability for such damage, contracting the CDW plus the SUPER CDW.
g) The damages to the Rental Firm due to robbery or theft of the vehicle, however determining that if such vehicle is being used according to the terms of this contract, the Hirer’s responsibility:
1. will not exceed the amount that is specified for the different vehicles models according to the market.
2. will be limited to the insurance excess value if the Hirer has previously agreed with the Rental Firm the partial waiver of theft liability (TP Theft Protection).
3. will not exist if the Hirer has previously agreed with the Rental Firm the total waiver, contracting the TP plus the SUPER CDW.
h) The amount or difference of the value of every spare wheel, tyre, tool, accessory or radio equipment that at the termination of the rental is lacking or that it has been replaced by another, having been made expressly clear that any absence or replacement is not covered by any insurance policy, being the Hirer responsible for the same. Likewise, the loss of the keys of the vehicle and the misplacement of documents, will be charged corresponding to the damages effectively caused to PATRONCAR GT S.L. Such loss will have a surcharge of 2,000 €.
i) The amounts corresponding to FUEL (150.- €), which will be returned to the Hirer if he delivers the vehicle with the full tank.
j) The expenses of transfer and repair of the vehicle caused by the use of unsuitable fuel.
k) All taxes of any nature that any rentals encumber.
l) The corresponding penalty in case of accident, for not making the “No-fault accident claim for”, or the “Accident Report”. The absence of this report and of the complete data of the other side will invalidate the CDW and the SUPER CDW. Likewise, in the case of vehicle theft and without the presentation of the complaint before the competent authority, the TP and the SUPER CDW would be invalidated.
m) The insurance excess value (3,000€ or 5.000 € depending of vehicle) in case of accident or damage to the vehicle caused by the hirer, although he has contracted CDW.
n) In the case of accident or damage to the vehicle caused by the hirer, causing the vehicle to be unavailable for a few days due to its repair, the hirer would pay to PATRONCAR GT S.L. the amount of 500.- € daily as a compensation for not having that vehicle’s availability.
o) Any damage caused to any of the tyres of the vehicle will be considered as “loss” of the same, being replaced by a new one under the responsibility of the client and may be deducted from the deposit.
A deposit of 3,000€ or 5.000.-€ depending of vehicle,will be given at the signing of this contract which will be returned on collection of the vehicle, provided that such vehicle is delivered as given.
Any expense for vehicle repair may be directly deducted from the amount delivered as deposit. Once the deposit has been given and due to any cause not directly attributable to “PATRONCAR GT S.L.”, the vehicle is not finally rented, the deposit will be lost and kept by PATRONCAR GT. S.L. for the expenses caused due to the transfer and vehicle servicing for the client’s availability.
The Hirer commits to inform to PATRONCAR GT S.L. immediately of any accident, to hand in immediately any letters, summons or notices in relation to the accident, and to provide complete cooperation with PATRONCAR GT S.L. and to the Insurance Company for the investigation and defense of any claim and process. At the time of the accident, the following measures will be taken:
a) No admission of fault or any anticipations with regard to fault must be made.
b) The Hirer must obtain the particulars of the other party, make “No-fault accident claim for” or the “Accident Report”, witnesses, that together with the accident particulars (form, place, date and hour, etc.…) will immediately be sent to PATRONCAR GT S.L. notifying by phone in case of major accident.
c) He must immediately inform the authorities if the accident was caused due to the fault of the other party involved in the accident.
d) The vehicle must not be left without taking measures for appropriately securing and protecting it.
In the event that the Hirer fails to comply with any of these measures, if applicable, PATRONCAR GT S.L. may claim from the Hirer compensation for the damage due to his negligence, even in the case that he had accepted to buy the vehicles’ accident insurance, which in that case would be void.
In the event of vehicle’s theft, the Hirer must give notice immediately to the competent authority and deliver the same at the office of PATRONCAR GT S.L.
7.- MAINTENANCE AND REPAIRS:
The Rental Firm takes responsibility for the mechanical normal wear and tear of the vehicle. In the event that the vehicle is immobilized, the repairs may only be made by written agreement and according to the Rental Firms’ instructions, which will appear on an itemized invoice. The replaced defective parts must be presented together with the invoice. In no case, the Hirer may claim damages due to delay of the delivery of the vehicle, rental cancellation or immobilization
due to repairs made during the rental. The Hirer will not be responsible for bodily injury or material damage due to constructional defect or previous repairs.
The Hirer, provided that he takes the proper and necessary precautions, will not accept responsibility for vehicle’s mechanical problems of damage arising from those problems. He will not be responsible for any expenses, delays or any type of damage caused directly or indirectly as a consequence of such failures or breakdowns.
Any version of this contract provided in a language different from Spanish is just informative, and the Hirer recognizes that the Spanish version will prevail for legal purposes.
For any questions arising from the interpretation and fulfillment of the present contract, the parties submit themselves to the jurisdiction of the Courts of Marbella, with express waiver of any privilege that may correspond to them.