1) PURPOSE 2
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) RENTAL PERIOD
The term of the Agreement is set out on page 1 herein and indicates the date and time on which the vehicle must be returned.
The rental dates are computed in 24-hour periods, counted from the exact time customers rented the vehicle until they return the vehicle, with its keys and documents to Auto Car Hire. The courtesy period for returning the vehicle is 59 minutes.
The Agreement may never be for a rental period of more than 89 days.
If the customer decides to terminate the Contract in advance, the entirety of the amount paid for the days the vehicle was not used (including taxes) will be retained as an indemnity.
Likewise, in the event that it is Auto Car Hire who decides to finalize the rental before the date indicated in the Contract, the customer shall have the right to receive from Auto Car Hire twice the amount that was paid for the days the vehicle was not used (including taxes) as an indemnity.
The customer is under obligation to return the vehicle on the date and time stipulated in the previous paragraph. If the customer wishes to extend the rental period, he/she must go to the nearest Auto Car Hire office to sign the extension. No contract may be extended via telephone, nor by any other means of electronic communication, unless established otherwise on the first page of the contract.
The deposit given as surety may not be used to extend the rental period under any circumstance. Auto Car Hire may charge customers a fee for any extensions to this Agreement.
In the event that the Agreement cannot be extended because no vehicles are available or for any other reason, customers must return the vehicle on the agreed date and time to the agreed Auto Car Hire office.
Depending on the terms and conditions in the initial Contract, a new contract may need to be signed when an extension of the rental period is requested. In that case, the new contract invalidates the current Contract.
4) VEHICLE RETURN CONDITIONS
Customers, besides the chosen vehicle return system (SDV), as set out in Clause 7 of these terms and conditions— 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 Car Hire’s 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 Car Hire.
5) FAILURE TO RETURN THE VEHICLE
Failure to return the vehicle on the date and time set out in the Contract authorises Auto Car Hire to charge customers for each day they use the vehicle after it should have been returned. Auto Car Hire will also charge a penalty of €40 for every day of delay to cover the inconvenience caused to Auto Car Hire.
Where Auto Car Hire’s delivery of the vehicle is delayed by more than 59 minutes after the rental agreement is signed, the customer will be compensated for the same amount.
Similarly, returning or abandoning the vehicle in a place other than the one indicated in the Agreement, will entitle Auto Car Hire 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) €40 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, as set out in Schedule I, which can be found at www.AutoCarHire.es
In the event that the vehicle disappears or is not returned, Auto Car Hire reserves the right to bring legal action against the customers before the competent authorities with the full weight and consequences of the law.
A unilateral extension of the Agreement by customers will be considered illicit use of the vehicle, in which case the customers will be held liable for any damage to the vehicle.
6) PAYMENTS AND METHODS OF PAYMENT
Customers undertake to pay Auto Car Hire:
a) Charges arising from vehicle hire, insurance and taxes determined by the current Auto Car Hire 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 (Clause 7).
c) Any other items that may apply to the customers, according to Auto Car Hire’s contract and commercial terms and conditions.
6.2 Payment as a consequence of inadequate use by the customer:
Customers subsequent to the finalisation of the rental period, undertakes to pay Auto Car Hire 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) any costs arising from the loss, theft, deterioration or damage of any part of the vehicle, or of the whole vehicle, as well as any problems arising from using the wrong kind 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 Car Hire.
f) Notwithstanding the foregoing, Auto Car Hire reserves the right to charge the customer an extra €40 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 Car Hire in due time, or it is a misrepresentation of the facts.
– The damage done to the vehicle is due to the customers’ miscalculation of the height of the vehicle.
– Extra insurance was not taken out (see section 8).
h) The costs of the ‘Accidents Administration Fee’ up to a maximum of €150
Any amounts arising from such items shall be charged by Auto Car Hire directly to the customer using the electronic payment or equivalent system used to hire the vehicle, with the customer expressly authorizing the acceptability of Auto Car Hire making such charges.
In all cases, Auto Car Hire shall immediately report the charge that was made and the reasons for it, giving the customer all the information possible.
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 qualified Auto Car Hire staff, according to the rates published in Annex I hereto, which are known and consented to by the customers.
All the foregoing will apply without prejudice to a subsequent settlement and adjustment after an estimate is made by a garage or an assessment is made by an independent adjuster.
Likewise, Auto Car Hire reserves the right to charge customers compensation for loss-of-income owing to immobilization of the damaged vehicle. Such compensation will be calculated on the number of days required to repair the vehicle, established by an independent adjuster or, after the vehicle has been repaired, by counting one day for every eight hours of work invested by the garage and used as the base to quantify the daily rate at which the vehicle was hired. The days the vehicle is immobilized count as days the vehicle was not returned on the convened date, and thus the extra €40 per day set out in the preceding clause will also apply.
Customers’ liability will not exceed the vehicle’s market value, according to the maximum price set out in the Ganvam guide in force at the time of the accident.
6.3 Method of Payment:
The credit card used to make the reservation should be presented by the cardholder when the vehicle is collected. The credit card used should be in the name of the same person taking out the rental agreement.
Payment for hiring the vehicle and any additional items can be made in the currency chosen by the customers. Multiple currency operations are accepted, under the terms and conditions set out by the Bank handling the payment.
7. VEHICLE RETURN SYSTEMS (SDV in Spanish)
The system employed for returning the rental vehicle is intended to regulate matters referring to the method of verification of the fuel upon return (check-in), the refuelling service provided and the availability of the flexible return time service.
Without detriment to the linking of some policies to a specific rate, the following Vehicle Return Systems are available to the customer:
a) Quick Return System (SDR in Spanish)
The Rapid Return System entails the provision of a fast and agile service for vehicle rental: the rental vehicle is handed over with a full tank of fuel and may be returned without the need to top up the tank so the customer is not obliged to search for petrol stations close to the drop-off location or to wait around unnecessarily while fuel levels are verified.
This system allows customers to reduce the time spent waiting for the rental agreement and check-in procedures, including verification of the fuel level, to be carried out; this enhances the quality of the service provided.
In addition, the Quick Return System includes ‘flexible hours service, meaning that the vehicle can be returned outside usual office hours, eliminating the waiting time in terminals for flights at night or on non-business days. The availability of this service is restricted to the Offices that offer this option. (See the Particular Terms and Conditions.)
This system includes refunding the customer for the amount of fuel remaining in the vehicle’s tank when it is returned, as indicated by the eighths of a tank recorded by the vehicle’s fuel gauge excluding the amount corresponding to logistical and operational costs.
The price of this System is determined in line with the vehicle model hired, its fuel capacity, the price of fuel at the time the vehicle is delivered, and operations and logistics expenses (GG)
SDR = Vehicle model (in litres): x Price (€/litre) + GG
- Vehicle model (in litres): is the capacity in litres of the fuel tank of the vehicle model.
- Price (€/litre): this is the unit price of the fuel, using as a reference figure the average price in service stations in the province of Alicante (for rentals originating on the peninsula or in the Balearic Islands); and Las Palmas de Gran Canaria, (for rentals originating in any of the offices in the Canary Islands); according to the rates published on the web site of the Ministry of Industry, Energy, and Tourism. The value to be used is the average of the cheapest and most expensive rates available on the date they were looked up.
- GG: these are the necessary costs of operations and logistics, whose final price is associated with the specific model of vehicle supplied and can be consulted at www.AutoCarHire.es.
b) Classic Return System (SDC in Spanish)
This Classic Return System consists of hiring the vehicle without refuelling service, without agile pick-up and drop-off service, and without the flexible hours.
This system includes only delivery of a vehicle with a full tank, with the customer being obliged to return the vehicle to the rental company at the place agreed upon for delivery and with the tank full. It is also necessary to follow vehicle check-in procedures for verifying the fuel level. This option does not include the package of rapid customer support services provided in the foregoing systems.
Similarly, the customer must pay a deposit equal to the value of a full tank, which will be refunded when the vehicle is returned, once an inspection has been made to verify correct compliance with the conditions of this offer.
Should the undertaking to return the car with a full tank not be fulfilled by the customer, the cost of the amount of fuel needed by Auto Car Hire to top up the tank will be deducted from the deposit, plus a €40 penalty. Where the deposit is less than the amount owed, the customer agrees that the difference should be charged to their credit card, and ultimately withdrawn from their personal bank account.
Likewise, if Auto Car Hire is the one failing to meet its obligation to deliver the vehicle with a full tank, the company will be required to compensate the customer with twice the foregoing amount as a specific penalty for failing to meet its obligations in the manner agreed with the customer.
8. INSURANCE AND COVERS
8.1 Compulsory insurance and Civil Liability Insurance.
Rental rates include Compulsory Insurance for the automobile, and Supplementary Civil Liability insurance to cover damage to third parties as a result of using and driving the vehicle.
These covers are guaranteed and assumed by Auto Car Hire’s insurance company, and they are subject to the insurance policy’s general and particular clauses and the law. By signing the vehicle hire agreement, customers accept the conditions of this insurance policy, which are available to customers on request.
8.2 Auto Car Hire Basic Cover
The hire rates also include the Auto Car Hire BASIC COVER for damage to the vehicle due to:
c) accidental fire and acts of vandalism
The Auto Car Hire Basic Cover always contemplates an excess for any damage for which the customer has been directly responsible, (see the Special Conditions on page 1 of this contract). The excess needs to be guaranteed (i) by provision of the corresponding deposit or (ii) by taking out additional cover.
The Auto Car Hire Basic Cover will be valid as long as the following conditions are met:
a) The customer, in the event of a collision, sends Auto Car Hire 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, which will be provided by Auto Car Hire.
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) Any collision, theft, fire, or act of vandalism did not take place in the course of an unauthorised use, as set out in point 10 or which contravenes any of the conditions stipulated in this contract and
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.).
8.3 Additional Cover
The rental rates do not include, unless indicated otherwise, any ADDITIONAL COVER, which provides for reducing the customer´s liability, excess, and the amount stipulated on page 1.
The aforementioned cover can be contracted on collecting the vehicle or beforehand, on making the booking.
It will only be valid if the customer fulfills the necessary conditions for the Auto Car Hire Basic cover.
9) CUSTOMER OBLIGATIONS IN THE EVENT OF AN ACCIDENT AND OTHER CIRCUMSTANCES
In the event of an accident, customers undertake:
a) To send Auto Car Hire 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 accident report form must be signed by the two drivers involved in the accident. If there is no accident report form, the parties must complete a Claims Report that will be provided by Auto Car Hire;
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 Car Hire of the event immediately and to report it to the authorities, sending a copy of the report to Auto Car Hire as soon as possible.
10) 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 fordamage to the exterior and interior of the vehicle due to non-authorised use, and must pay any expenses incurred as set forth in section 6.
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:
– Pushing or towing another vehicle.
– Driving in areas not suited to public transport, such as beaches, race tracks, forestry roads, back roads, etc.
– Driving on dirt roads and very poorly paved roads that could cause damage to the underside of the vehicle.
– Driving the vehicle in restricted areas, and more specifically on airport roads and other roads for aeronautical and/or military use.
– Negligent behaviour when the vehicle’s indicators show an alert that customers state are known to them when they sign this agreement.
– Transport of goods or animals and, in particular, substances that are hazardous, inflammable and/or poisonous for the vehicle and its occupants.
– The transport of individuals or goods for which the customers receive direct or indirect payment.
– Sub-leasing the vehicle.
– Using the vehicle for unlawful activities.
– Transporting a number of passengers and amount of luggage not authorised for the vehicle concerned.
– Manipulation of the milometer. Customers must report any malfunction of the milometer to Auto Car Hire immediately.
– Transport of luggage or any other item on the vehicle’s roof, even when an adequate luggage rack is used for the purpose.
– Damage to the vehicle caused by leaving tempting items in plain sight inside the vehicle.
– Dirtying the inside of the vehicle beyond what would be expected from reasonable and careful use.
– Driving the vehicle when tired, not feeling well and under the influence of alcohol, medicine or drugs.
– Reckless driving.
– Using the vehicle to give driving lessons under any circumstance and/or to teach special driving techniques.
– Driving against the traffic regulations.
– 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.
– Driving the vehicle outside the geographical limits set out in the special conditions for the rental office where the contract begins.
– Continued use of the vehicle after the rental period has ended.
Any unauthorised use on the part of the customer will entitle Auto Car Hire 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.
11) DRIVING LICENCE.
Customers must hold a current valid Driving Licence, approved in the country where the vehicle is delivered, and have held a license for at least FOUR years. Likewise, the driver minimum age is TWENTY-FIVE. When both requirements are not fulfilled, special arrangements can be put in place which may incur additional charges. Customers are directly responsible for ensuring a current, valid and approved driving licence is held and for holding Auto Car Hire free and harmless from any responsibility.
12) 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 same.
13) THEFT AND LOSS OF PERSONAL BELONGINGS
Auto Car Hire is not to be held liable for items stolen, forgotten or lost inside the vehicle.
On signing the Contract, Customers can be required to pay a deposit that could be proportional to the amount of the rental rate and market value of the vehicle in order to guarantee the fulfilment of the general and special conditions of the Contract. In the event of agreeing to a contract extension, this amount must be increased in accordance to the number of days contemplated in the extension period.
This amount will be returned once the contract expires and the condition of the vehicle is checked and the general and special conditions of the Contract have been fulfilled. For this reason, it may be necessary to withhold the deposit for up to 30 days following vehicle return.
15) COMPULSORY APPROVED CHILD RESTRAINTS
Customers must notify Goldar when children under three years of age and adults under 1.5 metres in height will be riding in the vehicle so Auto Car Hire can provide an approved restraint, for a fee, for the weight and height of the person who will use it. Customers are responsible for installing the restraint, which WILL NOT BE ANCHORED to the vehicle.
16) DATA PROTECTION
Pursuant to the provisions of current legislation on the protection of personal data, information society services and e-commerce, Auto Car Hire hereby informs you that your personal data will be added to a computer file kept by this company, whose registered office is at Camino del Campet, s/n. Ctra. N332 Km.115, 03550 Sant Joan d’Alacant, Alicante (Spain) for the purpose of managing the services of the hired vehicles and to give you timely information on our own promotions and products and those of third parties either by email or an equivalent method. You may revoke your consent at any time by sending a letter to the address: Camino del Campet, s/n. Ctra. N332 Km.115, 03550 Sant Joan d’Alacant, Alicante (Spain) or by email to the address info@Auto Car Hire.com
Likewise, your data may be disclosed to other companies in the transport and tourist sector who cooperate with Auto Car Hire in current and future promotional activities.
Finally, you are hereby informed that you may access, change or cancel your data by sending a letter to Auto Car Hire’s Customer Care Department (Dpto. de Atención al Cliente).
17) CUSTOMER CARE
This agreement is governed by the laws of Spain. Auto Car Hire states their intention of resolving any controversies in a friendly manner. Where this is not possible, any controversies between Auto Car Hire and the customers will be settled in the courts of the place where the vehicle was hired.
The translations of these general terms and conditions are for information purposes only and are not legally binding. Only the original copy in Spanish is considered legally valid.