These GENERAL CONDITIONS OF CONTRACTING FOR THE HIRE OF VEHICLES (hereinafter General Conditions) shall regulate the contractual relationship between CAREVEANDO RENTAL SL (hereinafter the lessor) and the client (hereinafter the lessee) by virtue of which the former grants to the latter the use of a vehicle for the term, price and other conditions stipulated by the parties in the rental contract and the particular conditions agreed therein.
Object of the contract. It is the rental without driver of the vehicle described in the particular conditions of the contract for the private transport of passengers and their luggage in compliance with all the General Conditions established in the present document, as well as the particular conditions agreed.
1. DURATION OF THE RENTAL
1.1 The minimum rental period is one day.
1.2 The rental period begins when the Hirer collects the vehicle from the rental station and ends when the vehicle is collected by the staff of the rental station.
1.3 If the vehicle is returned before the end of the rental period, the full contractually agreed rental price must also be paid, as this is considered a unilateral termination of the Hirer’s contract.
1.4 If the Hirer wishes to extend the rental period, he must apply to the Rental Firm at least one day before the end of the contract.
The possible confirmation of the extension will be subject to the lessor’s current availability, and the lessor does not assume any prior commitment.
1.5 Any alteration of the rental dates must be previously authorised by the Rental Firm.
Failure to comply with this condition entitles the Rental Firm to take over the vehicle or to take it to court.
The Rental Firm reserves the right to obtain the return of the vehicle at any time during the term of this contract, if its use contravenes the provisions of this contract.
1.6 The vehicle is delivered with a full tank of fuel and must be returned in this condition.
If this is not the case, the lessor will charge for the fuel required the amount stipulated in the current price list, plus a penalty of one euro per litre of fuel missing.
The Hirer shall bear the costs of fuel and operation during the rental period.
1.7 Deliveries and returns of the vehicles will be made from Monday to Sunday, from 9:00 to 21:00 hours at Caraveando Rental Castelldefels and Terminal 1 and 2 of El Prat de Llobregat Airport (Barcelona).
If deliveries and returns of vehicles are made at Caraveando Sant Boi de Llobregat, they will be made from Monday to Friday from 8:00 to 19:00 hours and from Saturday to Sunday from 8:00 to 12:00 hours.
Deliveries and returns may be made outside these hours with a surcharge of 40€.
The times stated in the rental contract shall be deemed to be the agreed times.
The day of delivery and return will add up to one day together, provided that the total does not exceed 24 hours or only if they exceed 24 hours for reasons attributable to the lessor.
Unless otherwise agreed, you must return the vehicle and any optional extras on the day, at the time and to the office indicated in this rental contract.
If you think you are going to be late, it is advisable to ask the lessor for an extension.
If you are more than two hours late returning the vehicle, a penalty charge of €100 per hour of delay will be applied.
If you want to request the delivery at a different time than the agreed time, you must notify the lessor at least two hours before the end of the reservation and you will have to pay a supplement of 50€.
2. PAYMENT AND BOOKING
2.1 At the time of confirming the reservation of the vehicle, 50% of the rental amount will be charged to your credit or debit card, including taxes.
2.2 On collection of the vehicle, the remaining 50% of the booking amount (second payment) will be paid by debit or credit card.
The main driver must be the holder of the credit or debit card. This means that neither the co-driver nor any other passenger will be able to make the payment.
Only in exceptional circumstances will it be permitted to pay by bank transfer for the second payment during check-in, in which case the Hirer will incur an additional charge of €30.
2.3 In the event that payment of the credit or debit card provided is refused, the vehicle will not be delivered and the booking will be forfeited.
3. USE OF THE VEHICLE
3.1 The Hirer acknowledges that he/she receives the vehicle in perfect mechanical condition, provided with the necessary documentation and with the appropriate tools, tyres and accessories and undertakes to keep it in good condition.
He also undertakes to respect at all times the obligations and limitations described in the current Highway Code and undertakes to:
Not to allow other persons to drive the rented vehicle other than themselves or those who are expressly authorised to do so.
Not to carry more passengers than those specified in the vehicle documentation.
Not to hire or transport people for commercial purposes or any other use that is not included in the contract.
Not to transport any type of merchandise, drugs, toxic or inflammable products.
Not to cede its use to third parties for free or for profit and not to assist criminals.
Not to commit crimes, even if these are only punishable according to the legislation in force in the place of the facts.
Not to drive the vehicle in poor physical condition due to alcohol, drugs, fatigue or illness.
Not to drive outside the road network or on any unsuitable terrain, or to participate with the vehicle in sporting, endurance, racing or other events that may damage the vehicle.
Not to use it to push or tow other vehicles or trailers.
Not to unseal or tamper with the odometer, and must inform the lessor immediately of any damage to it.
Do not drive outside the following countries without the express authorisation of the lessor:
Germany, Andorra, Austria, Belgium, Croatia, Czech Rep., Cyprus, Denmark, Estonia, Slovak Rep., Slovenia, Spain, Finland, France, Great Britain, Greece, Holland, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Sweden and Switzerland.
You will be charged a supplement of 40€ if you travel outside Spain.
It is expressly forbidden to travel to any country that is at war or in warlike conflict.
To keep the vehicle properly parked and guarded when not in use and to protect it from damage caused by frost, hail or any other atmospheric phenomenon likely to cause significant damage to the vehicle.
It is expressly forbidden for the Hirer to change any technical characteristics of the vehicle, keys, locks, equipment, tools and/or accessories of the vehicle.
It is also forbidden to make any modification to the exterior and/or interior of the vehicle.
Furthermore, it is forbidden to take any object of any kind, unless expressly authorised in writing by the lessor.
In the event of an infringement of this article, the hirer shall bear all the costs of restoring the vehicle to its original state. He shall also pay compensation for the immobilisation of the vehicle until it has been fully repaired.
For each missing object of the vehicle (including papers or other documentation of the car) a penalty of between 30€ and 2000€ plus the purchase cost will be applied.
3.2 The vehicle must be properly cared for and treated and properly locked.
The technical standards as well as the regulations that are decisive for the use of the vehicle must be observed.
The condition of the vehicle, in particular the water and oil level as well as the tyre pressure must be checked.
The Hirer undertakes to regularly check whether the rental vehicle is in a safe driving condition.
3.3 Smoking is prohibited in all vehicles.
Pets may be taken along, provided that the Hirer has given his express permission.
The Hirer shall be responsible for any cleaning costs resulting from non-compliance.
The hirer shall also bear the costs of ventilation, elimination of tobacco odours or damage caused by cigarette burns. This includes losses resulting from the impossibility to rent the vehicle for a certain period of time due to this reason. These costs can amount to €50 up to €3,000.
3.4 In the event that the provisions of the above paragraphs are found to have been violated, the Rental Firm may terminate the rental contract immediately and the Hirer shall be obliged to pay the remaining rental amount.
4. RETURN OF THE VEHICLE
At the time of return:
You must return the vehicle with the keys in the same state of operation and cleanliness in which it was delivered to you. If Full Cover insurance has not been taken out, you will be responsible for the payment of any new damage detected up to the total amount of the corresponding invoice.
The rental price includes a standard cleaning of the vehicle. A special cleaning penalty of 50 € to 250 € is established.
The staff of the rental company will check the vehicle after delivery. If the lessee does not request to be present at the inspection, he/she will be giving his/her consent and authorisation to the lessor so that, if the vehicle shows any alterations with respect to its condition at the time of collection and signing of the contract, he/she may charge the corresponding amount.
The client shall be liable for any damage caused to the vehicle after the end of the rental period and until the vehicle is returned, while the leasing company may claim any compensation it may be entitled to for the damages caused.
In addition, the company may initiate the appropriate legal action to demand compliance with what has been expressly agreed between the parties. The company may even initiate the corresponding criminal action for the possible crime of misappropriation, urging the state security forces to proceed to the detention and immobilisation of the vehicle.
The lessee expressly undertakes to pay the lessor:
At the time of returning the vehicle, the amount of the mileage for three-day rentals, calculated according to the rate in force, and/or the additional charges arising from the application of these General Rental Conditions.
The additional charges arising if the vehicle is left in any other place or city, without the lessor’s authorisation.
The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic offence or of any other kind, which are directed against the vehicle, the lessee or the lessor, derived from the period of validity of this rental contract, unless they have been caused by the fault of the lessor.
In the event that, due to the fault of the lessee, the vehicle is retained or impounded, all expenses shall be at the lessee’s expense, including the loss of profit of the leasing company for the duration of the immobilisation of the vehicle.
Expenses incurred by the lessor (including lawyers’ and solicitors’ fees) in claiming the amounts owed by the lessee by virtue of this contract.
The vehicle is covered by comprehensive insurance with excess (not including the personal belongings of the lessee and accompanying persons). In the event of accident or theft, the Hirer shall be responsible for the amount per claim corresponding to the selected excess.
5. MINIMUM AGE
5.1 The Hirer and each of the drivers must be at least 25 years of age. And be in possession of a class B driving licence for more than two years or the corresponding national licence.
If they are not resident in the EU, they must hold an international driving licence.
The hirer and/or driver(s) must present their driving licence and passport/national identity card before the vehicle can be handed over. Both documents must be valid and original. Photocopies or expired documents will not be accepted.
The company will verify the identity of the hirer with the national security service.
In the event of a delay in delivery due to failure to present these documents, such delay shall be borne by the hirer.
If the aforementioned documents cannot be presented at the agreed time of delivery or within a reasonable period of time, the rental company is entitled to cancel the contract. In such cases, the cancellation terms and conditions apply.
5.2 Please note that some of the Hirer’s vehicles have a total weight of more than 3.5 tonnes and that a driving licence is required to drive these vehicles.
In order to be on the safe side, holders of a class B driving licence should check with the Rental Firm the permissible gross vehicle weight of the vehicle rented by the Hirer.
5.3 If a driving licence that corresponds to the rented vehicle is not available at the time of delivery of the rented vehicle, the vehicle is deemed not to have been collected from the Hirer. In this case, the relevant cancellation conditions shall apply.
5.4 Only the Hirer and additional drivers who have registered at the rental station may drive the vehicle.
6. ROADSIDE ASSISTANCE / ACCIDENTS
6.1 In case of accident, theft, fire or damage caused by game animals, the Hirer must immediately inform the police and the Rental Firm by calling the telephone number of the rental station (the telephone number is stated in the Rental Agreement), at the latest on the working day following the day of the accident. Claims to the contrary are not admissible.
6.2 The liability of the event will never be acknowledged or prejudged, except in the case of a “Friendly Accident Declaration”.
The Hirer shall obtain all information from the other party and witnesses, which together with the details of the accident shall be forwarded to the Rental Firm within the specified period.
He shall also immediately notify the authorities of the accident if the other party is at fault.
The accident report must be duly completed and signed at the latest at the time of returning the vehicle to the lessor. This document must include
the names and addresses of the persons involved,
their driving licence details,
the name of the other party’s insurance company
the number of the insurance policy of the other party,
the details of any witnesses,
the number plates of the vehicles involved.
6.3 In the event of theft or robbery of the vehicle, it shall be reported immediately to the competent authority and a copy of the report shall be sent to the Rental Firm together with the keys of the vehicle within a maximum period of 24 hours.
Otherwise, the insurance and coverage taken out will be cancelled.
6.4 The Hirer is obliged to draw up a comprehensive written report together with a sketch for the Rental Firm, even in the case of damage that is not contrary to the contract, irrespective of the severity of the damage.
If the Hirer fails to draw up the report – for whatever reason – and thus prevents the insurance company from paying for the damage, the Hirer is obliged to pay the full amount.
6.5 The Hirer must not leave the vehicle without taking appropriate measures to protect and safeguard it. If necessary, the Hirer shall contact the roadside assistance company contracted with the Insurer.
6.6 In the event that the Hirer fails to comply with any of these measures, if applicable, the Rental Firm may claim from the Hirer the damages caused by this negligence, including the loss of profit of the Rental Firm for the duration of the immobilisation of the vehicle.
7. DEPOSIT DEPOSIT
Regardless of the coverage contracted, a block on the card or an additional payment will be made as a deposit, as a guarantee of the fulfilment of the contractual obligations, as well as a guarantee for any eventuality arising during the rental period that must be assumed by the lessee.
The deposit of between 300 € – 5000 € (depending on the type of contract) and, if there are no incidents, will be returned within a maximum period of 40 days.
In the event that it detects damage due to misuse, it will determine the amount to be paid by the client. This amount will be deducted from the deposit.
If the cost of the damage exceeds the value of the deposit, the tenant agrees to pay the difference.
If it is not possible to assess the damage immediately, the landlord will have 40 days to settle the damage and return the deposit if necessary or claim the difference between the value of the deposit and the cost of the damage.
In the event of a claim, the amount of the comprehensive insurance excess will also be deducted from the deposit.
8. RENTAL CHARGES AND ADDITIONAL CHARGES
By virtue of this rental contract, the customer shall be obliged to pay:
Charges arising from the rental of the vehicle and taxes and charges for the replacement value due to loss of documents, accessories and/or tools.
In the event of damage to the vehicle, the damage administration fee of €60 per claim shall apply.
Any parking or traffic fines received for the use of the vehicle during the rental period. You will also be required to pay a €40 administration fee for the time spent in dealing with fines or other charges, unless you are able to prove that no loss or damage has occurred. If you fill your drinking water tank with diesel or other fuel, you will be charged a penalty of €750 regardless of the insurance you have taken out. This means that even if you have taken out comprehensive insurance, you will still have to pay this penalty. You will also have to compensate the Hirer for any damages caused. The extra charge of €40 for collection of the car and/or van from the train station. In the event of non-compliance with the obligations assumed by the client in this contract, the lessee must pay the amount established and/or derived from the general conditions of the contract. The hirer expressly authorises the rental company to make the corresponding charges to the credit card provided for this purpose. The client will assume the charges derived from the damages caused as a consequence of the non-fulfilment of the obligations reflected in the present contract, on account of the following concepts: Compensation for any damage and/or loss caused to the vehicle and whose coverage is not justified and/or contracted by the customer. Likewise, he/she shall assume the costs of immobilisation of the vehicle, the amount of which shall be the result of applying the rate in force. Compensation equivalent to the amount paid by the rental company for fines, as well as the administrative management expenses and legal costs derived from traffic or legal infractions. Compensation equivalent to the amount of damages caused by the client’s negligence. In the event of loss of keys, an amount of between 380€ and 1800€, regardless of the insurance policy taken out. Damage to the underside of the car, irrespective of the insurance policy taken out. If the Hirer has left Spain without prior notice and authorisation from the Hirer, the vehicle will be blocked, i.e. once the engine has been stopped, it can be restarted. The lessee must pay a penalty of 250€ for not having notified his departure from Spain and for the lessor to proceed to unlock the vehicle. If the lessee has left the European Union without prior notice and authorisation from the lessee, the vehicle will also be blocked once it has been stopped. In this case the penalty will be 480€. 9. JURISDICTION AND APPLICABLE LAW The present contract shall be governed by Spanish law and, in the event that the client is considered a consumer or user, any discrepancy regarding the same shall be subject, in the event that it is impossible to reach an amicable agreement to resolve it, to the jurisdiction corresponding to the place where the obligation is fulfilled, this being considered the place where the rental began, and all of this in accordance with what is expressly established in the current legislation on consumers and users. In the event that the party contracting the service does not deserve to be considered a consumer and user, the parties expressly agree to submit to the jurisdiction of the municipality in which the registered office of the rental company is located. Notwithstanding the above, and in accordance with the provisions of Article 38 of Law 16/1987, of 30 July, on the regulation of land transport, the company expressly declares its wish that the resolution of any dispute arising as a result of the contracting of vehicle rental services be resolved through the Transport Arbitration Board.
10. TREATMENT OF PERSONAL DATA AND DATA PROTECTION LAW
In order to comply with Organic Law 15/1999 of 13 December on the protection of personal data (LOPD) and its implementing regulations, we inform you that the data you provide will be stored in a file owned by CARAVEANDO RENTING S.L., in order to carry out the maintenance, development, fulfilment and/or control of your contractual relationship with the company.
To this end, your data may also be communicated for the same purpose (I) to insurance companies and third parties involved in the provision of the insurance contracted, (II) to tour operators or intermediaries through which you have contracted our services, (III) to public administrations for the processing and management of traffic offences and (IV) to law enforcement agencies and courts when required by law.
Finally, you give your consent for your data to be retained by the company, once the contractual relationship has ended, in order to provide you with a better service in future requests and to evaluate your recruitment in the event of a serious or repeated breach of previous contracts with the company.
You may exercise your right of access, rectification, cancellation and opposition to the processing of your data, using the existing forms in our office, by post or by email.
11. ADDITIONAL CHARGES
Supplement for paying by bank transfer the second payment during check-in 30€.
For rentals longer than one month with national mileage limited to 3000 km that have exceeded the mileage limitation of 0.25 cents to 1 euro per kilometre.
In the event of a delay of more than two hours in returning the vehicle, €100 for each hour of delay.
Supplement for requesting a delivery time different from the agreed delivery time, with at least two hours’ notice before delivery, €50.
Supplement for travelling outside Spain €40.
Penalty for leaving Spain without prior notice and authorisation 250€.
Penalty for leaving outside the European Union without notice and prior authorisation 480€.
Penalty for special cleaning from €50 to €250.
Damage administration fee per claim €60.
Administrative processing fee for handling fines or other charges €40 per process.
Penalty for filling the drinking water tank with diesel or other fuel €750.
Penalty for returning the vehicle without filling the tank. 1€ per litre missing + stipulated amount.
Supplement for pick-up at the train station of the car and/or van (van) 40€.
Penalty for each item missing on delivery of the vehicle (including vehicle documents) between €30 and €2000 + purchase cost.
Penalty for loss of keys between 380€ and 1800€.
Penalty for inability to rent the vehicle for a period of time due to damage such as cigarette burns or smell of tobacco from €50 to €3000.
Supplement for delivery or return outside the usual hours 40€.
Penalty for damage due to misuse -> As indicated by the rental company.