Terms and Conditions |
| Lessor hereby rents to the customer(s) who has signed overleaf (hereinafter called the customer) the motor vehicle described overleaf (hereinafter called the vehicle) subject to the terms and conditions overleaf and herein on this rental agreement in consideration whereof Customer acknowledges and agrees. 1. The Vehicle is the property of Lessor and is in good mechanical condition. Customer will not assign, sell, mortgage or pledge the vehicle, tools, accessories, or equipment from any part or parts of the vehicle. Said vehicle together with all tyres, locks, accessories, equipment and documents to be returned in the same condition as when received, excepting ordinary wear and tear, to the place and on the date stated overleaf, or sooner if demanded by the Lessor. All punctures, damaged tyres, damaged mirrors, and interior damages are the customer's responsibility and are not covered by any insurance. 2. Customer must inform the Lessor of any loss or damage occurring to the vehicle and of any fault developing therein and in the case of damage or fault which makes the vehicle unroadworthy must not use it until such damage or fault has been repaired. The customer will have 48 hours to resolve or take the necessary steps to resolve the accident or the breakdown. The customer shall not break the seal of or interfere with the odometer and shall forthwith inform the Lessor of any breakdown of the odometer. Insurance does not include the immobilization of the car for repairs or accident, or retention of the car by public authority when fault is attributable to the customer. 3. The Vehicle shall not be used: a. For the carriage of goods or passengers for hire or reward expressed or implied. b. For any illegal purpose. c. To propel or tow any other vehicle. d. In motor sports events or driving tuition. e. In violation of the provisions of the Traffic Code. f. To carry a greater number of passengers or load than recommended by the Manufacturer and Insurers. g. By other than the Customer and drivers approved by Lessor and shown in contract. h. By any person who has given a false or fictitious name, age and address. i. By any person whose physical condition is impaired by alcohol or drugs or suffers from epilepsy. j. By any person who has within the preceding period of three years been convicted of any serious violation of the Traffic Code. 4. Customer acknowledges liability for cost of fuel consumed during the rental and agrees to have vehicle greased and its oil changed when necessary, at the Lessors expense. 5. Customer will pay Lessor on demand the following charges applicable to the period of time between the renting of the vehicle and its return to the Lessor, at the current rates publicized by Lessor or specified on this Agreement. a. Additional charges for collection or delivery of vehicle if different to address as contracted overleaf. b. All taxes payable on the total amount of charges, fines, court costs, direct or indirect for traffic or other legal violations or arising from claims or proceedings made to Customer by Lessor. c. Lessor's costs to repair or overturn damages to vehicle and accessories up to the limit of deposit paid. d. Customer shall be liable for all costs of such damage if caused by negligence of Customer or violation of the provisions on this agreement. Customer receives the vehicle & accessories in good condition and undertakes to maintain and drive said vehicle carefully and in accordance with the regulations of the Motor Traffic Code. e. Lessor's costs for loss of tyres, tools, accessories and vehicle documents, the latter being valued at TWO HUNDRED EUROS (200.00). f. In the event of damage to the vehicle due to the negligence of the Customer, the Lessor will have the right to pursue the recovery of those costs. 6.The person signing this agreement and any other person, firm, or organization named by the person signing, directs that the charges be billed and separately liable for the payment of all monies due, or to become due, by this Agreement. 7. Customer and drivers approved by Lessor participate as insured under a Third Party Insurance Policy, a copy of which is available for inspection at the Head Office of Lessor and which policy provides coverage against third party liability but excludes driver's next of kin, his partners, and employees. The loss of, theft and damages to any property transported in or upon the vehicle is also excluded from said insurance policy. Customer and drivers approved by Lessor agree to comply with all the terms and conditions of said insurance policy which by reference are incorporated herein and made a part of this Rental Agreement, and agrees further to protect the interest of Lessor's insurance company, in case of accident by: a. Not admitting liability or guilt. b. Obtaining names and addresses of parties involved and of witnesses. c. Notifying immediately the Authorities if another party's guilt has to be ascertained, or if any person is injured. d. Not abandoning the vehicle, without taking adequate provisions for safe-guarding same. e. Reporting accident immediately by telephone and thereupon in writing to the office from where the vehicle is rented or to the nearest Police station and in any event within 24 hours after the accident. f. Notifying Lessor of every summons or paper received. 8. Lessor shall not be liable for loss of or damage to any property left or transported by Customer or any other person in or upon the vehicle, either before or after the return thereof to Lessor. Customer hereby assumes all risk of such loss or damage and waives all claims against Lessor by reason thereof. 9. Lessor whilst taking all reasonable precautions to prevent any faults or mechanical failures of vehicle, shall not be liable for such faults or failures or any loss or damages arising therefrom. Should the Lessor be advised by the authorities, or any responsible person of irresponsible or dangerous driving of the vehicle, or infringing terms and conditions of contract, the Lessor reserves the right to withdraw the vehicle from the Customer, thereby cancelling the contract and all responsibilities toward the client. 10. The Customer agrees to provide deposit against damage or total loss of the vehicle. The Customer further agrees that the cost of any loss or damage maybe charged to the deposit. 11. Any alteration to the terms and conditions of this agreement shall be void unless agreed upon in writing duly signed by Lessor. 12. Should any disagreement arise between the parties both Customer and Lessor agree to submit themselves to the Courts of the city of Malaga and either or UK/E.E.C. Courts, waiving hereby the right to any other jurisdiction. |
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