GENERAL CONTRACTING CONDITIONS FOR THE RENTAL OF VEHICLES
These General Conditions shall govern the contractual relationship between SoloMarbella S.L. (“Lessor”) and the Client (“Lessee”) by virtue of which the former assigns to the latter the use of a vehicle for the period, price and other conditions reflected in the rental contract.
A. SUBJECT OF THE CONTRACT
The Subject of the Contract is the rental without a driver of the vehicle described in the general conditions thereof for the private transport of passengers and their baggage in compliance with all the general conditions established in this document and with the applicable legislation from time to time.
Non-compliance with any one of the General or Particular conditions established in this contract entitles Lessor at any time to take the vehicle away from Lessee and to request a compensation for damages by reason of such non-compliance.
1. Reservations refer to vehicle categories. Lessor shall hold the reservation until sixty minutes after the agreed time, after which Lessor will not be obligated to provide the service on the agreed conditions. However, if prior notice of such late collection of the vehicle is given, Lessor shall take all reasonable steps to provide the agreed service.
2. Regarding prepaid reservations, the following will be applicable:
No cancellations will be accepted and no monies paid for a reservation will be reimbursed except for reasons and in cases of force majeure (natural catastrophes, wars, terrorist attacks, sudden death or serious illness of Lessee), proper evidence of which will need to be provided. In such cases, 70% of the rental price will be reimbursed.
Cancellations may be made online (www.solorentacar.com) or in writing by e-mail to firstname.lastname@example.org.
Should the reserved vehicle fail to be collected / collected at the agreed time, Lessor will withhold the entirety of the rental price already paid.
The limits on mileage and extra payments for each vehicle shall be established in the particular conditions of every rental contract.
C. RENTAL CHARGES / DUE DATES / SECURITY DEPOSIT / FORM OF PAYMENT
1. Lessee undertakes to pay to Lessor:
1.1 The rental charges reflected in the rental contract for duration (24-hour minimum rental charge), coverage, limitations of liability, additional equipment and supplementary services as per the stipulated conditions, as well as the applicable taxes and fees.
1.2 Any charges arising out of failure to return the vehicle in the same proper working order and good condition as to maintenance and bodywork in which it was received at the commencement of the rental. Lessee is liable to Lessor for any damage caused to the vehicle during the rental period, total or partial robbery thereof and loss or damage resulting from any breach of contractual conditions, excepting the limitations of liability or optional coverage the former may have contracted for, in addition to that provided for by the application of legal regulations in force from time to time in respect of matters not covered by these Conditions.
Where the limitations of liability described in clause G.10 hereof have been contracted for and an accident takes place, Lessee shall only be accountable to Lessor, in addition to the relevant amount as reflected in the price list from time to time, for:
a) any loss or damage caused by Lessee or by any persons for which Lessee is accountable as a result of wilful misconduct or gross negligence;
b) failure by Lessee to submit an accident description form and/or an amicable accident form signed by both parties or late or incomplete submission thereof, or where Lessee provides untrue facts or information in said forms;
c) any loss or damage caused to Lessor in the event of failure to fulfil the obligation to help or the obligation to call the Police set forth in clause G, save where such loss or damage was caused without any wilful misconduct or gross negligence on the part of Lessee;
d) any damage caused by a non-authorised driver;
e) any contravention of the prohibitions set forth in D.4, D.5, D.6 and D.7 hereof.
The repair charges and accessories for which Lessee is accountable will be calculated by the company appointed by Lessor to such end or by another independent official surveyor. Lessee is entitled to receive a copy of the surveyor’s report. Where the cost cannot be determined in this manner, it shall be determined by the quotation provided by the repair shop. The amount of the compensation to be paid by Lessee in the event of total loss shall be equal to the financial value of the vehicle at the time of the accident. In addition to the amount of the consequential damages thus established, Lessor is entitled to claim damages for loss of profit by reason of the impossibility to use a damaged vehicle.
1.3 The fuel not replenished in the rented vehicle at the time of its being returned, as well as the refuelling costs as provided for in Condition E.6 hereof and its exceptions.
1.4 The costs of moving and/or repairing the vehicle following an incorrect use of fuel during an incorrect refuelling as provided for in Condition E.6 hereof.
1.5 Any mileage travelled by the rented vehicle exceeding the mileage stipulated in the rental contract. The charge for such extra mileage shall be made on the basis of the price thereof as reflected in the tariff applicable to the reservation and shall range from €0.75/Km to €3.00/Km.
1.6 The costs of obtaining a copy of, and/or sending, a key to the rented vehicle in case of loss thereof and/or damage thereto, as well as the cost of taking the vehicle immobilised by reason of such loss or damage to the nearest rental office of Lessor. Additionally, Lessor may charge further costs to Lessee by way of a compensation for such immobilisation of the vehicle.
1.7 The costs of replacing any vehicle accessories such as the set of two warning triangles, safety reflective waistcoat and first aid kit should they be missing from the vehicle.
1.8 The costs of replacing any vehicle documents should they be missing from the vehicle.
1.9 The cost of cleaning the vehicle thoroughly after being returned should it be handed over in such a dirty state as to require the engagement of a professional cleaning company. The reasons to consider a vehicle dirty enough to require the services of a professional cleaning company include, but are not limited to, the following: presence of vomit, ink stains, cigarette burns, mud, dirt caused by animals...Such costs shall be invoiced based on the price charged to Lessor by the vehicle cleaning company hired to such end.
1.10 The amount of any charge relating to Administrative Fine Management Fees (25 euros per fine managed). Such an amount shall be charged for each sanctioning report or proceeding issued by the competent Authority in relation to the rented vehicle and to events taking place during the period of validity of the rental. The Lessor may, however, claim a higher amount for the steps taken in relation to the fine if it provides proper evidence of such higher costs and of the attributability thereof.
1.11 The amount of any charge relating to Damage Proceedings (35 euros per proceeding). Such a charge shall be levied where the vehicle is affected by material damage caused during the rental period, whatever the extent and the cause thereof and irrespective of whether or not the limitations of liability defined in Condition G.10 hereof have been contracted for. Such a charge shall be levied for every incident resulting in damage.
1.12 Lessee does hereby authorise Lessor to send the invoices to the addressee previously specified, in electronic format according to current regulations, at the registered e-mail address, should they be requested within 30 days of the full termination of the rental contract. Lessee accepts the responsibility to ensure that e-mailed invoices can be received correctly or, if so agreed, to collect them in electronic format.
1.13 Returning the vehicle before the end of the rented period does not entitle Lessee to be reimbursed for any amount of the contract price and shall be regarded as a unilateral termination of contract by Lessee whereby the latter waives any and all rights established by virtue of the contractual relationship.
2. Payment dates
2.1 The rental price reflected in the rental contract as well as any coverage, limitation of liability, additional equipment, supplementary services, applicable taxes and fees, fall due and are payable 24 hours before the beginning of the rental.
2.2 As regards pre-payment tariff reservations, the rental price and any other agreed amounts shall be payable on making the reservation and shall be charged to the card.
2.3 Lessee shall be in default on the day following the relevant payment obligation falling due for payment without any notification being necessary. In the event of default, Lessor may demand, in addition to the amount owing increased by three percent over and above the legal interest rate, any expenses incurred by Lessor in claiming payment of the amount owing by reason of the contract entered into between them.
3. Security Deposit.
3.1 Lessee undertakes to pay to Lessor a Security Deposit before the beginning of the rental whose amount shall be reflected on the main page of the contract. Such a Deposit shall remain in possession of Lessor as security for the payment obligations or liabilities to Lessor which Lessee may assume. Lessor is hereby authorised to use the amount of the deposit for payment of such obligations and liabilities, without prejudice to claiming payment of any amount of which the Deposit falls short.
3.2 The minimum amount of the Deposit requested by Lessor as security shall be €350.00 per contract, with a ceiling of €6,000.00 depending on the rented vehicle and the type of insurance contracted for.
3.3 The Deposit shall be paid by Lessee by any credit card accepted by Lessor. The expiry date of the credit card by which the Deposit is paid must be later than the end date of the rental contract.
3.4 Lessor shall before the beginning of the rental request the card-issuing entity to ascertain the availability of the amount of the Deposit established as security for the payment obligations or liabilities to be assumed by Lessee during the intended duration of the rental. Such an amount shall be available on request by Lessor as from the execution of the rental contract. If the establishment of such a deposit were not possible, Lessor may deny Lessee the rental without reimbursing the amount paid at the time of renting.
3.5 After the vehicle has been returned and the necessary checks of the vehicle have been performed, the amount invoiced to Lessee for the rental of the vehicle and other items as indicated in Condition E.1 shall be charged to the credit card provided by Lessee and the difference shall be refunded to Lessee’s card.
3.6. Non-compliance by Lessee of that set forth in this contract will automatically result in Lessee forfeiting the security deposit, in which case Lessee expressly waives any claim in relation to the said deposit, which has been established not only as security for any damage which may be caused to the vehicle but also to ensure proper compliance with that established in the clauses and an appropriate use of the vehicle.
4. Form of payment.
4.1 Unless any other form of payment predetermined by Lessor is agreed on, the rental price, the deposit and all other agreed amounts shall be charged to the credit card indicated by Lessee on making the pre-payment reservation or on executing the contract where the reservation was not subject to pre-payment. Additionally, the expiry date of the credit card or other means of payment used to make the payment must be later than the end date of the rental contract.
4.2 By entering into a contract with Lessor and providing the details of their credit card or of other means of payment on signing the contract or at a later date, Lessee authorises Lessor to charge to said card or means of payment the rental price, the deposit and any other costs and liabilities mentioned in these Conditions which may be payable in relation to the rental contact.
4.3 Only credit cards are accepted and no payments by Lessee’s debit card will be accepted unless so authorised by Lessor.
5. Extension of the contract.
5.1 In the event that Lessee wishes to increase or extend the rental period initially agreed on, Lessee undertakes previously to obtain express authorisation from Lessor and immediately to pay the additional amount payable for such an extension. The deposit may not be used for payment of the rental.
5.2 Lessor reserves the right to deny the increase or extension application for operational reasons.
D. USE OF THE VEHICLE
1. Lessee undertakes to use and drive the vehicle in compliance with the rules of the Código de Circulación (Highway Code) in force at the time of renting the vehicle and according to the specifications of use for the type of vehicle rented.
2. Lessee has the obligation to have their copy of the vehicle rental contract on them at all times for as long as the contract is in force.
3.- In the event that the vehicle is used to carry children aged less than three or children over three years of age whose height does not exceed 150 centimetres, Lessee shall obtain the required child car seats. Lessee shall also check the adequacy, use and installation in the vehicle of the child car seat. Lessor accepts no liability for any failure to use, install or check a child car seat or for any incorrect use thereof.
4. The vehicle may only be used on public roads. Use of the vehicle is expressly prohibited in the following cases:
a) Driving the vehicle on unauthorised or unpaved roads or on roads whose state may pose a risk of damage to the vehicle;
b) Using the vehicle to participate in races, competitions or challenges of any description;
c) Using the vehicle for driver training purposes;
d) Using the vehicle to carry out performance tests on car materials, accessories or products;
e) Using the vehicle in cases of risk, particularly when the dashboard warning lights come on;
f) Using the vehicle to carry persons for valuable consideration;
g) Using the vehicle for the commission of criminal acts, even if such an act is only regarded as criminal in the place in which it is committed;
h) Driving the vehicle when the driver’s physical condition is impaired by alcohol, drugs, fatigue or sickness;
i) Using the vehicle to push or tow other vehicles or any other object;
j) Carrying any substance in the vehicle which is toxic, flammable and generally dangerous and/or contrary to legal regulations in force from time to time;
k) Carrying the rented vehicle on any kind of boat, train, truck or plane except where expressly authorised in writing by Lessor;
l) Driving inside the premises of ports, airports, aerodromes and/or similar premises which are not open to public traffic, as well as in the premises or facilities of refineries and oil companies, except where expressly authorised in writing by Lessor.
m) Driving the vehicle on racing/test tracks or the like, access to which by public traffic is not allowed.
The vehicles carry a Tracking Device which makes it possible to know its location, speed and number of kilometres travelled.
In the event of reiterated speed-limit violations or failure to comply with any of the general or specific conditions of the rental contract, Lessor may send an order for the engine to be cut off, whereupon this Rental Contract will be rendered null and void. The costs of retrieving the car may be charged to Lessee’s account.
5. Lessee shall take all reasonable steps to ensure that all items carried in the vehicle are correctly distributed and safely placed, always respecting the authorised weight, amount and/or volume limits as reflected in the Vehicle Registration Document and/or the Vehicle Roadworthiness Test Sheet. Lessee also has the responsibility not to carry more passengers than the authorised number of passengers reflected in the Vehicle Registration Document and/or the Vehicle Roadworthiness Test Sheet.
6. Lessee may not assign, rent, mortgage, pawn, sell or in any way offer as guarantee the vehicle or the rental contract, the keys, the vehicle documents, its equipment, tools and/or accessories and/or any part or spare part thereof; or treat any of them in any way that is detrimental to Lessor.
Subletting the vehicle may only be authorised by Lessor; the terms and conditions thereof shall be established in an additional contract.
7. The rented vehicle may not be taken out of Spain without Lessor’s prior written authorisation. For rentals made in Spain, it is expressly prohibited to take the vehicle from the mainland to the islands and vice versa and/or from one island to another or to Ceuta or Melilla, all of it unless express written authorisation is given by Lessor. It is Lessee’s obligation to check the specific driving regulations of the countries to which they intend to travel and to meet the obligations arising out of any failure on their part to comply with such regulations. Lessee shall ascertain whether any specific fees for driving on special roads are payable in the countries to which they intend to travel and shall pay such fees where applicable.
8. At the moment of signing the contract and handing over the vehicle, Lessee and any other person designated by Lessee as driver shall be present to sign the rental contract with Lessor and to submit their driving licence, which must be valid and current in the country where the rental takes place. Lessor reserves the right to deny the rental of the vehicle in the event that Lessee or the person designated by Lessee as driver fails to provide proper evidence of their holding a valid, current driving licence on signing the rental contract. The vehicle may only be driven by Lessee and by the persons designated in the rental contract provided that they are over 23 years of age and their driving licence was obtained over three years earlier. As regards drivers under 23 years of age, specific charges will apply in certain cases.
It is Lessee’s responsibility to ensure that any driver is in possession of a valid, current driving licence for the countries in which the car is being used. The relevant details of Lessee and of the persons designated by Lessee to drive the vehicle will be taken in order to draw up the rental contract. This will particularly apply where the authorities call upon Lessor to identify the driver who has committed an infraction. Where the driver cannot be identified, Lessee shall be liable to pay any fine or sanction imposed during the rental period.
Lessee shall be personally, jointly and severally accountable for the persons driving the car during the rental period.
9. Without prejudice to Lessee’s liability to third parties, if any of the circumstances described under D.4, D.5, D.6, D.7 and D.8 takes place, Lessor may terminate the contract with immediate effect and claim a compensation for damages, including any loss of profit sustained by Lessor by reason of the breach so committed.
E. STATE OF THE VEHICLE
1. Lessee has received the vehicle described in the contract in proper working order, in good condition as to maintenance and bodywork and without any defects except for any observations which may be reflected in the rental contract where applicable. Where any defect is identified in the vehicle which is not described in the rental contract, Lessee has the obligation to inform Lessor’s office where the rental contract was made before pulling out of the parking space where the vehicle the subject of the contract is parked.
2. Lessee has received the vehicle described in the contract containing all the vehicle documents, key, tools and accessories, particularly the reflective waistcoats and warning triangles, which Lessee must check on commencement of the rental and immediately inform the office in which the vehicle was rented if any such items are missing or faulty. Lessee undertakes to use the accessories with due care and to return them in the same condition they were provided. Lessee undertakes to pay to Lessor the cost of any accessories which Lessee fails to return on termination of the rental contract. Lessee is responsible to lock the vehicle properly on leaving the vehicle.
3. In the event that any warning light detecting an anomaly in the operation of the vehicle which may affect the safety thereof flashes on the dashboard, or if any external signs are perceived indicating a breakdown or incorrect operation of the vehicle, Lessee shall stop the vehicle as soon as possible and shall contact Lessor or the Roadside Assistance Company with which Lessor has a service arrangement. Using the vehicle in case of risk is forbidden. Also, manipulating the odometer in the vehicle is entirely prohibited and Lessee shall immediately inform Lessor in the event of any problem concerning the same. Charges from any other roadside assistance company will only be accepted in cases of urgency and provided that they are made by official repair shops of the vehicle brand after obtaining Lessor’s express authorisation. In any event, Lessee shall always be accountable for any unauthorised use of the vehicle as per D.4 above and in cases of negligence.
4. Lessee shall regularly check the liquid and oil levels and generally allow any safety inspections or checks which may be appropriate and in keeping with the specifications for use pertaining to the relevant type of vehicle. Such checks shall be performed by repair shops authorised by Lessor; otherwise, Lessee shall answer for any damage resulting from an incorrect restoration of liquid levels in the engine of the rented vehicle.
5. Where the rented vehicle is equipped with an AdBlue® tank, Lessee shall ensure that the tank is full enough at all times and shall be accountable for any loss or damage resulting from Lessee’s failure to do so.
6. Lessee has received the vehicle with a full tank of fuel and undertakes to return it in the same state. Otherwise, Lessee will be invoiced for the cost of fuel plus a refuelling fee (15 EUROS per vehicle), which may be drawn from the deposit or charged to the card by which the payment has been made. Lessee must refuel the vehicle with the right type of fuel for it and shall be otherwise liable for any costs incurred in moving and/or repairing the damage thereby caused to the vehicle. In that event, Lessee shall also pay to Lessor the relevant charge for the loss of profit sustained by Lessor by reason of the vehicle not being fit for use.
7. Lessee has received the vehicle with all its tyres, inclusive of a spare tyre (or a repair kit in default thereof), in good condition and without any punctures, except in the case of vehicles equipped with the run flat tyre system. In the event of deterioration and/or loss of any tyre (by reasons other than fair wear and tear, faulty fitting or manufacturing defects), Lessee shall be personally liable for the repair costs and does hereby undertake to inform Lessor of any such deterioration and/or loss. Tyre repairs and/or replacements must be carried out by the repair shops authorised by Lessor; otherwise, Lessee shall be accountable for any loss or damage arising out of an incorrect replacement thereof.
8. Lessee may not modify any technical feature of the vehicle or make any changes to its exterior and/or interior appearance (except where expressly authorised by Lessor in writing). In the event of breach of this condition, Lessee shall bear the duly-justified costs of bringing the vehicle back to its original state and shall pay a compensation for the car being unavailable.
9. Provided that prior written authorisation from Lessor has been obtained, where the net weight of the vehicle and the possibility of attaching a trailer to the vehicle result in the obligation to pay additional road tax, Lessee shall take the necessary steps and shall pay the additional tax, and Lessor shall be fully indemnified against any fee, tax, surcharge, penalty or cost which may be levied by reason of any breach of applicable regulations. The rented vehicle shall be returned to Lessor in the same condition it was received.
F. RETURN OF THE VEHICLE
1. The rental period shall be that agreed in the rental contract and shall be invoiced on the basis of 24-hour periods from the conclusion of the contract. Lessee undertakes to return the vehicle to Lessor with its keys, documentation, accessories and additional equipment before the expiry of the agreed rental period and at the place agreed in the rental contract. In the event of failure to return the vehicle as aforesaid, Lessee undertakes to pay additional charges to Lessor as described in Condition E.1. The service shall be considered finished when the vehicle and the keys to the vehicle have been received by Lessor.
2. The rental prices are calculated according to the collection and return times specified in the contract. A 59-minute courtesy period is always offered unless otherwise confirmed in writing by Lessor. In the event of late return of the vehicle, the period of time not included in the rental contract shall be invoiced according to the prices in force from time to time. Special prices will only apply to the periods specified in the offer. The following charges will apply in the event that the vehicle is returned after the agreed time:
- One to three hours after the end of the rental period: €50.00.
- More than three hours after the end of the rental period: €50.00 plus the price of one full day’s rental.
3. It is Lessee’s responsibility to ensure that the vehicle is effectively returned at the place agreed in the rental contract. Unless otherwise agreed in writing, Lessee shall return the vehicle during the office hours displayed in each of Lessor’s offices. Returning the vehicle at any other place than that the agreed place for reasons not attributable to Lessor may result in additional charges to Lessee which will be calculated according to the prices in force from time to time for the period during which Lessor could not dispose of the vehicle, in addition to any costs which that may entail.
4. The amount paid by Lessee to Lessor as deposit at the beginning of the rental contract may not be used to extend the contract. The rental contract may be extended for an additional period beyond the agreed period with Lessor’s express, prior approval. Such an extension may be arranged by telephone for up to five days at a time. Lessee undertakes immediately to authorise the amount of the additional deposit to be paid for such an extension, and the price to be applied to the rental extension period shall be that reflected on the price list in force from time to time. It is Lessee’s responsibility to visit Lessor’s office in order to obtain a new rental contract for the extension period. Lessor may deny any extension of the rental contract.
5. In the event that the vehicle fails to be returned by Lessee on the agreed date and after one day without any news as to the delay in returning the vehicle, Lessor shall regard such failure as embezzlement and shall report it to the competent authorities. Additionally, Lessor may use the “engine cut-off” function on the unreturned vehicle, in which case all the costs of retrieving the vehicle and taking it to the nearest office of Lessor shall be borne by Lessee.
G. COVERAGE / LIMITATIONS OF LIABILITY
1.Basic Insurance. All rental contracts include the mandatory Civil Liability insurance for material and physical damage arising out of the use and circulation of the vehicle, according to the regulations of the European Union, and include liability to third parties, CDW and TP with such exclusions and deductibles as may apply.
1.1 Such coverage is guaranteed and assumed by the insurer with whom Lessor has taken out the relevant insurance policy. By entering into the rental contract, Lessee adheres to the aforementioned policy as insured party.
2. The insurance is valid within mainland Spain (Iberian Peninsula). Lessor’s written authorisation shall be required to use the vehicle in any other territory.
3. A loss or damage claim does not automatically entail any obligation on the part of Lessor to make a replacement vehicle available to Lessee.
4. Any damage caused to persons or things by wilful misconduct or gross negligence on the part of Lessee is excluded from the insurance coverage and, therefore, Lessee shall be solely liable for such damage.
5. Similarly, any loss or damage claim where the driver of the vehicle was not an authorised driver, did not hold a valid driving licence or used the vehicle in contravention of the provisions contained in D.4, D.5, D.6, D.7 and D.8 hereof or those contained in G.10 of these Conditions, shall also be excluded from the insurance coverage.
6. Any damage caused to the inside of the vehicle, its engine and/or the underside or the roof of the vehicle as a result of negligence, fault or neglect shall be excluded from any limitation of liability which may be contracted for.
7. By contracting for it, Lessee’s liability by reason of loss or damage to the vehicle, its parts or accessories as a result of theft or attempted theft or vandalism shall be limited to the amount of the deductible stipulated in the rental contract.
8. Lessor will not be accountable for any objects owned by Lessee which are left inside the vehicle during the rental period. Lessee shall be solely responsible for any damage to, or robbery of, any such object.
9. Premium Insurance. This type of insurance contract included in the vehicle rental offers coverage for civil liability to third parties and for robbery or attempted robbery, fire and damage with deductible (0 deductible), and excludes the vehicle windows, mirrors, wheels and tyres.
10. Premium PLUS Insurance. This type of insurance includes full insurance, robbery or attempted robbery, fire and damage without deductible (0 deductible), including windows, wheels, tyres, and mirrors without deductible, and only excluding the price of fuel, payments for extra mileage, loss of keys and extra cleaning of the inside of the vehicle.
H. ACCIDENTS / THEFT / OBLIGATION TO REPORT
1. In the event of accident, theft, fire, damage caused by nature and any damage generally, Lessee shall take all reasonable steps to protect Lessor’s interests. Lessee shall also fill out an accident description form, whether or not they are responsible and whether or not a third party is involved.
In the event of the commission of any crime where any person is harmed or the guilt of any of those involved needs to be investigated, Lessee has the obligation to report it to the police immediately.
2. In the event of an accident with another party, Lessee shall fill out the standard Amicable Accident Statement Form which is included in the vehicle documents and shall report the accident to Lessor within 24 hours thereof by providing a copy of said Accident Form, the original of which shall be handed in within two days of the accident. If the other party involved in the accident refuses to sign an Amicable Accident Statement Form, the Lessee shall call the Police and shall provide Lessor with a copy of the Police Report.
3. The reports describing the accident and/or the Amicable Accident Statement Form shall be fully filled out as comprehensively as possible and in as much detail as possible, both in respect of the damage and in respect of the circumstances in which the damage took place. Lessee undertakes to sign and to have the other party involved in the accident, if any, sign both documents. If the other party involved refuses to sign them, Lessee shall ask the Police to come to the site of the accident in order to clarify the events, as Lessee shall be otherwise considered responsible for the accident unless evidence to the contrary is provided by the latter.
4. Loss or damage to, or robbery of, the vehicle does not automatically entail any obligation on the part of Lessor to make a replacement vehicle available to Lessee.
1. Lessor’s liability covers any loss or damage caused by its employees and by other persons for whom it is accountable according to Law in the event of wilful misconduct or gross negligence unless Lessor provides evidence that all reasonable care has been taken to prevent such loss or damage. Any loss or damage subject to compensation by reason of breach of contract shall only cover foreseeable and reasonable consequential damage but shall in no event cover mere expectations.
2. Lessee and Lessee’s collaborators shall be liable without limitation for any breach of any regulation committed by them during the validity of the contract, particularly in respect of any breach of traffic regulations. Lessee shall keep Lessor fully indemnified against any penalties, fines, fees, surcharges and any kind of costs generally which may be charged by public Administrations. Lessee shall bear any costs actually paid as a result of any administrative formalities which Lessor may need to carry out by reason of claims made on Lessor by public Administrations in order to determine the responsibility or any other circumstances of a breach or crime as reflected in condition E.1.11 hereof.
J. TERMINATION OF CONTRACT
1. The Parties are entitled to terminate the contract where there is legal reason to do so. Lessor may terminate the contract with immediate effect if Lessee fails to pay any monies due by Lessee within seven days of them falling due for payment or for any other fair reason. A fair reason, for the purposes of this Condition, means:
- Rejection of any debits, cheques or credit card charges except where Lessee makes the rejected payment within seven days thereof, or breach of any payment conditions previously agreed on with Lessor;
- Use of the vehicle by Lessee in any way which is not in keeping with its purpose or causes any damage to the vehicle through wilful misconduct or gross negligence, including lack of maintenance or failure to have the vehicle checked when obligated to do so;
-Breach of any applicable provisions in the field of commercial transport;
-Breach of any prohibition listed in points D.4, D.5, D.6, D.7 and D.8 of these Conditions;
-And, generally, where the continuance of the rental is not demandable given the circumstances, e.g. in the event of a high accident rate.
2. In the event of termination of the contract, Lessee shall be obligated immediately to return the vehicle, the keys, the vehicle documents and its accessories. In any event, Lessor will on terminating the contract be entitled to collect the vehicle from wherever it may be at that moment.
3. In the event of termination of contract, Lessor may claim any damages caused to Lessor by reason thereof, which does not only include consequential damage (including tow trucks, valuations, legal costs, etc.) but also loss of profit as a result of the unavailability of the vehicle.
K. PERSONAL DATA PROTECTION
1. In compliance with Article 5 of Act 15/1999 regulating the right of information with regard to the collection of data, the following is hereby noted: Any personal data which may be reflected in this form will be included in the file called “Clients” created following a Resolution of the Spanish Data Protection Office. The purpose of this file is the management of customers, invoices, accounting and market research, as well as other administrative tasks which are necessary within this contractual relationship. The personal data of the individuals acting as parties to this document shall only be used on the previously-envisaged terms. They will be entitled to access, amendment or where applicable deletion of their personal data by providing a copy of their N.I.F. (Tax Number) to SOLO MARBELLA, S.L., which is responsible for the File, whose registered office is at Calle Francisco Villalón, local 15-16. Puerto Banús, Marbella. Málaga. C.P. 29660. Telephone: 951279142. E-mail: email@example.com.
2. In the event of commercial communications by e-mail or an equivalent means, and in accordance with the provisions of the Information Society and Electronic Mail Services Act (34/2002) of Spain, you hereby give your express consent to the receipt of advertising by such means. Such consent may be revoked at any time on the website www.solorentacar.com or by request addressed to the following e-mail address: firstname.lastname@example.org.