- USE OF VEHICLE.- Renter receives on rental the described on the reverse page in good order and condition, together with all car documents, tyres, tools and accessories and in good state of cleaning. In any case, this clause implies renunciation to the consumer rights that legaly corresponds to the Renter, while it's true that in case the vehicle doesn't work adequately, the Renter must inform the Lessor as soon as possible. The renter undertakes to take care of them, and operate vehicle in accordance with the regulations of the road traffic code. It is prohibited:
- For the vehicle to be driven by persons who are not authorised expressly on the rental agreement.
- The sub-hiring of the vehicle without prior authorisation from the lessor.
- To use the vehicle for transport of persons other than the Renter or for comercial gain.
- To drive vehicle when driver's condition is impaired by alcohol, drugs, fatigue or illness.
- To use the vehicle to propel or tow other vehicles.
- To use the vehicle for racing, competitions or challenges of any kind.
- To break the seal off or to interfere with vehicle's odometer. It's failure must be inmediately notified to Lessor.
- RETURN OF VEHICLE.- Renter undertakes to return the rented vehicle, together with all it's documents, tyres, tools and accessories on the place and date specified on the reverse page. Any alteration to the agreed place and date of return must be previously authorised by Lessor. Unfulfilment of this condition enables Lessor to demand by Law the return of the vehicle.
- RENTAL CHARGES.- Renter acknowledges personal liability to pay Lessor:
- Charges for rental of vehicle, delivery and collection, insurance, fuel and taxes specified in Lessor's standard tarif, represented on the commercial conditions published on the website www.opencar.es. The application of tariff originally agreed is subject to the return of vehicle on the place and date specified on the reverse page.
- All charges for loss of car documents, valued in 50€, as well as for missing tyres, tools and accessories at an average market value.
- Lessor's costs to repair accidental damages caused to vehicle whenever:
- Vehicle is not operated in accordance with all the terms hereof.
- An accident report is not forwarded to Lessor within the specified time hereof or that report misconstrues the accident facts.
- Renter has not purchased in advance the collision damage insurance. In this case Renter will be liable for the total cost of accidental damages, even if the accident is not caused trough Renter's fault. Once proved that Renter is not guilty of accident, Lessor will claim accidental damage trough the insurance company and will reimburse Renter once it has been collected.
- Towing expenses, all fines, court expenses for traffic or other legal violations caused trought Renter's fault during rental period.
- In case of odometer being in any way tampered with, the present unlimited kilometer tarif will be applied, for a minimum period of seven days.
- INSURANCE.- Renter and authorised drivers on the rental agreement, participate of the benefit of a motor insurance policy underwritten by Lessor, a mandatory civil responsibility (third party liability), if:
- The Renter, in case of accident, send an accident report to Lessor, within 48 hours from time of accident.
- That claim is not rejected by Lessor's insurance company if driver's physical condition was impaired whilst driving vehicle, as specified by the Road Traffic Code.
Renter's and authorised driver's inmediate family, partners and employes do not qualify as third party and they are not covered by the motor insurance policy. Loss, theft or damage to any property transported in the vehicle are expressly excluded from the insurance policy. The insurance policy underwritten by Lessor also provides Renter and authorised drivers with bail bond cover and legal defense which might be required. Renter's liability for loss or damages caused to rented vehicle, providing it is operated in accordance with the terms hereof, is fully covered against fire and theft. Rest of damages caused to the hired vehicle will be paid by the Renter. If the Renter purchases in the advance the collison damage INSURANCE (CDW) as evidenced by his signature in the space provided on the reverse page, will be excluded of this liability. This will not prevent the Lessor, however, from claiming the normal rate of daily hire for the period the car is out of order during the reparation at the stipulated price on our commercial conditions, in case of Renter's fault or negligence.
- ACCIDENTS.- Renter agrees to take the following action in case of accident:
- To obtain full details of parties involved, witnesses, and filling in an accident report which he will send to Lessor within 48 hours from accident time.
- Not to admit liability or guilt.
- To inform the police immediately if another party's guilt has to be ascertained or if people are injured.
- Not to abandon rented vehicle without taking adequate provisions for it's safeguard.
- REPAIRS.- Lessor shall reimburse Renter of the expenses for greasing, oil, changes and minor repairs (blow outs, punctures and damage to tyres excepted) up to 60€ against presentation of bills or receipts.Towing expenses, in case of accident, are expressly excluded and shall be at Renter's expense. Renter agrees to obtain Lessor's permission before carrying out repairs over 60€. Lessor will pay for all repairs to be made on the car except for those which can be proved to be the result of inappropiate use, in which case the person hiring the car will be held responsible for repairs, towing and forced storage of the car.
- LESSOR'S LIABILITY.- Lessor has taken all reasonable precautions to prevent mechanical failure of rented vehicle but if such happens, Lessor shall not be liable for any consequential damage ocurred because of these failure.
- JURISDICTION.- In case of divergence both parties agree to submit themselves to the courts of the provincial capital where the rental commerces, and waive hereby any right to any other jurisdiction.
- In the event of discrepancies, and for any doubt with the interpretation of this agreement the spanish version shall prevail.
- As stipulated in the Organic Law of Protection of Personal Data, we inform you that your data is collected to answer your questions, send you information about our services, and commercial and promotional information from our activities.
Furthermore, we inform that the date are collected in a computer file to which you are entitled to access, rectification, cancellation or oposition. The holder of this file is OPENCAR MARINA S.L, domiciled in Avda. de las Naciones 1-A, Local 24 - Urbanizacion Ciudad Quesada - 03170 Rojales -Alicante - Spain. At our headquarters or via email at firstname.lastname@example.org may exercise their rights to the processing of personal data under the terms and conditions provided in the rules themselves in force regarding data protection. The data provided to OPENCAR MARINA S.L. will not be trasnfered, or communicated to third parties unless compliance with the purposes directly related to the services provided by OPENCAR MARINA S.L.
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