The company Autos Pons that signs
the contract, hereinafter the Rental Company, rents the vehicle
assigned to the Renting Party, whose data and signature are contained
in this contract, pursuant to the clauses and conditions that
are established herein and which the Renting Party accepts and
binds himself to comply with.
SECTION 1 USE OF THE VEHICLE
1.1 The Renting Party binds himself to use and drive the Vehicle
according to the basic driving and circulation rules, and following
the use specifications of the type of Vehicle.
1.2 The Renting Party binds himself not to use the Vehicle and
/or not to allow it to be used under the following conditions:
a) Paid transport of passengers
b) To push or pull any Vehicle or any other object, with wheels
or otherwise.
c) Take part in competitions, official or otherwise.
d) To drive the Vehicle under the effect of alcohol or narcotics.
e) Transport of goods that infringe the law or legal regulations
in force or with illegal ends.
f) Transport of passengers in a number greater than that authorised
and indicated in the Technical Inspection Card of the Vehicle.
g) Transport of goods of a weight, quantity and/or volume greater
than that which is authorised in the Technical Inspection Card
of the Vehicle.
h) Transport of goods considered as special or dangerous under
the Transport Laws in force.
1.3 Only those person or persons identified and accepted by the
rental company in the rental contract and/ or any extra attachment
hereto shall drive the Vehicle, under the condition that they
are aged more than 23 years old or more than 25 years old, depending
on the group of Vehicle indicated in the Authorized General Price
List. Such persons shall be the holders of, and in possession
of, a valid current driving licence that has been obtained at
least one year before.
1.4 The Renting Party binds himself to keep the Vehicle locked
when not using it and to keep the Vehicle's documents inside it.
1.5 It is expressly prohibited that the Renting Party grant, pledge
as security, pawn, sell or in any way give as a guarantee: the
Vehicle, the rental contract, the keys, the documentation, the
equipment, the tools and/or accessories of the Vehicle and/or
any part or piece thereof, or handle the previously indicated
items in such a way as to cause harm to the Lessor.
1.6 It shall be prohibited, other than with the express authorization
of the Lessor, to transport the Vehicle from the islands to the
Continent or to other islands. Any breach of these conditions
shall authorize the Lessor to force the Renting Party to return
the Vehicle immediately, without the need for justification or
compensation.
1.7 In the event of loss or damage to the keys of the Vehicle,
the client shall have to pay the cost of the new keys, the amount
of which is established in the Authorized General Price List.
1.8 The Lessor has the right to cancel the contract if the Renting
Party does not comply with the conditions set out in section 1.
SECTION 2 .- CONDITION OF THE VEHICLE
2.1 The Renting Party recognizes that he receives the vehicle
in good working condition, including the five tyres which, in
the event of damage other than through normal wear and tear, the
Renting Party shall have to replace immediately, at his expense,
with any other or others of the same characteristics, use and
condition or pay the corresponding amount. The Renting Party shall
also be liable for the damage that he may cause to the vehicle.
2.2 It is expressly prohibited that the Renting Party interfere
with any technical characteristic of the vehicle, the keys of
the Vehicle, the equipment of the Vehicle, the tools and/or accessories
of the Vehicle, or to carry out any modification of its exterior
and/or interior appearance. In the event of breach of this section,
the Renting Party shall have to pay all the duly verified costs
of the reconditioning of the Vehicle to its original condition
and pay a sum as an indemnity for the immobilization thereof.
2.3 The Renting Party exempts the lessor from all liability for
loss or damage occasioned to objects left or transported in the
Vehicle by the Renting Party or by any person or to the clothes
thereof, during the term of the contract or after returning the
Vehicle.
SECTION 3.- PRICE, DEPOSIT AND EXTENSION
3.1 The rental price, and the amount of the deposit are defined
in the Authorized General Price List and have to be paid in advance
by the Renting Party. The deposit shall under no circumstances
be used to extend the rental time.
3.2 The rental time shall be agreed in the contract and shall
be paid for twenty-four hours periods, counting from the time
at which the rental is formalized. There is a courtesy period
of 29 minutes, after which an additional amount shall be charged
for hours in excess, or for a day, when such time is greater than
three hours.
3.3 In the event of the Renting Party wishing to keep the Vehicle
for a further time period than that agreed under the contract,
he shall have to obtain written authorization from the Lessor,
to whom he shall have to pay the corresponding fee.
3.4 The Renting Party binds himself to return the Vehicle to the
lessor on the date and time as agreed in the rental contract.
The service shall only be considered to be terminated once the
Vehicle and the keys of the Vehicle have been returned to the
Lessor.
SECTION 4.- PAYMENTS
4.1 The Renting Party undertakes to pay the Lessor:
a) The sum resulting from the application of the Authorized General
Price List and the price agreed in the rental contract, corresponding
to the time, insurance, optional exemptions, optional equipment
and complementary services, pursuant to the applicable conditions,
as well as the applicable taxes and rates.
b) The cost of the damage and/or theft suffered, total or partially,
to the Vehicle and that are not protected by the exemptions agreed
to by the Renting Party, as well as when the exemption applicable
in each case are enforced. The maximum liability of the Renting
Party shall be the market value of the Vehicle.
c) The sum corresponding to the fines arising from infringements
to current and applicable regulations, especially those relating
to the Highway Code, which the Renting Party may commit, as well
as the charges corresponding to any delay in payment by the Renting
Party and the judicial and extrajudicial costs the Lessor may
incur as a consequence of the foregoing. This is regardless of
the liability of the Lessor as owner and holder of the Vehicle.
4.2 The payment of the sums mentioned in the previous paragraph
4.1 shall be made by credit card or cash. In the event of payment
being made in cash, the lessor shall be entitled to request one
or more credit cards as a guarantee from the Renting Party.
SECTION 5.- INSURANCE
5.1 The rental fees include coverage for the compulsory insurance
of the Vehicle and the complementary third party insurance with
unlimited guarantees for damage and injury to third parties deriving
from the use and circulation of the Vehicle.
5.2 Such coverage shall be guaranteed and is assumed by the insurer
with whom the Lessor has subscribed the corresponding insurance
policy.
5.3 By signing the rental contract, the Renting Party consents
as an insured party to the aforementioned policy, a copy of which
is kept in the head office of the Lessor.
5.4 This policy does not cover damage, loss nor any other harm
suffered to equipment, goods or objects transported in the Vehicle,
nor the total or partial loss nor harm suffered to the Vehicle
due to theft and/or vandalism and/or traffic accident.
SECTION 6. OPTIONAL INSURANCE
6.1 PAI, Personal Accident Insurance, is insurance against personal
injury and for medical assistance that covers the medical costs
caused in the event of accident and guarantees an indemnity for
death or permanent disability.
SECTION 7. OPTIONAL EXEMPTIONS
7.1 CDW (Collision Damage Waiver) Partial Exemption of liability
for damage caused to the Vehicle in the event of accident.
a) The CDW is an optional service provided directly by the Lessor
that partially exempts the Renting Party, in hiring it, from financial
liability only for the damage occasioned to the Vehicle as a consequence
of a travel accident, excluding that caused by vandalism. b) Should
the CDW not be subscribed to, this means that the Renting Party
shall be financially liable for the damage caused to the Vehicle
and the indemnity for its immobilization. c) The CDW only covers
the damage caused to the Vehicle by accident, in accordance with
the terms of paragraph 7.3, if the Renting Party duly completes
the Accident Report, in which the facts thereof and the personal
details of the vehicles and drivers involved in the accident and
the conditions and circumstances under which the accident took
place shall be clearly stated.
7.2 TP (Theft Protection)
a) TP is an optional service provided directly by the Lessor that
only exempts the Renting Party partially, in hiring it, from financial
liability for total or partial theft of the Vehicle.
b) Should TP not be subscribed to, the Renting Party shall be
financially liable for the damage caused to the Vehicle consequent
upon total or partial theft of the Vehicle and the indemnity for
the immobilization thereof.
c) The TP is only applicable if the Renting Party returns the
keys of the Vehicle to the Lessor (which are given to him upon
signing the rental contract) without any manipulation, along with
the original of the claim for the incident submitted to the corresponding
authorities.
7.3 CDW and TP Requirements:
a) A minimum sum shall be established in the Authorized General
Price List, being the responsibility of the Lessor (franchisor)
for damage and/or losses caused to the Vehicle, that shall not
be covered by either the TP or the CDW.
b) The CDW shall not, under any circumstances, cover the damage
caused in the lower part nor in wheels and tyres of the Vehicle,
when they are occasioned as a consequence of driving the Vehicle
in an overloaded condition or of driving it in places such as
beaches, unsuitable paths, forest paths etc., or occasioned by
hard contact with stones or any other object and holes in the
road, produced in wheel rims and tyres due to hard contact with
curbs when parking, or occasioned by reckless driving or any other
cause resulting from bad faith on the part of the driver.
c) CDW and TP coverage is not applicable the event of non-compliance
by the Renting Party with any of the conditions stipulated in
section 1of these Terms.
d) CDW and TP coverage is not applicable in the event of the cost
of repair for damage or partial theft thereof being less than,
or equal to, the franchise established in the Authorized General
Price List for each category, and in which case such cost, up
to the limit of the franchise, shall always be the responsibility
of the Renting Party.
e) CDW and TP coverage is not applicable in the event of the Renting
Party not providing the corresponding documents (claim and/or
Accident Report) to the Lessor, duly completed, in a maximum period
of forty-eight hours (except in the case of force majeure), counting
from the date when the incident happened.
f) When, in accordance with what is stipulated in these General
Terms, in the CDW and TP exemptions, the Renting Party is responsible
for the payment of all the repairs that shall be carried out on
the Vehicle, as well as an indemnity for the immobilization thereof.
g) The rental fees shall cover the losses and damage to the Vehicle
in the event of spontaneous fire therein, when this is not produced
as a consequence of a traffic accident or of the total or partial
theft thereof, or acts of vandalism or driving without respecting
the use specifications of the type of vehicle, in which case the
terms of section 4.1-b herein shall be applied.
7.4 FW (Franchise Waiver)
a) FW is an optional service provided directly by the Lessor that
exempts the Renting Party, in subscribing thereto, from payment
of the minimum sum for which he shall be liable (franchise) for
damage and/or loss caused to the Vehicle; the amount of the franchise
is established in the Authorized General Price List.
b) Should the CDW and/or the TP not be subscribed to, or the requirement
in section 7.3 , not be complied with, the FW shall not be applicable.
SECTION 8. MAINTENANCE AND REPAIRS.
8.1 The mechanical wear and tear caused by the normal use of the
Vehicle is the responsibility of the Lessor.
8.2 The Renting Party shall regularly check the levels and fluids
of the engine each 1,000 Kms. driven and replace these as necessary
. The cost of such replacement of fluids shall be the responsibility
of the Lessor, providing that the corresponding invoice is tendered.
8.3 The Renting Party shall not be authorised to order repairs
to the Vehicle without the express authorisation of the Lessor.
SECTION 9. FUEL.
9.1 The fuel consumed by the Vehicle during the rental period
is at the expense of the Renting Party.
9.2 The Renting Party shall have to buy the appropriate class
of fuel for the car. Otherwise, the Renting Party shall be liable
for the costs due for the transport and/or the repairs for damage
to the Vehicle that may arise owing to the use of unsuitable fuel.
9.3 The Lessor undertakes to return the Vehicle with the same
level of fuel. Otherwise, the quantity of fuel not replaced and
the service shall incur an extra charge. The amount of the extra
charge for the service is established in the Authorized General
Prices List.
SECTION 10. VALIDITY OF THE CONTRACT
10.1 Any change in the clauses and conditions of this contract
shall have to be expressed in writing, otherwise it shall be null
and void.
SECTION 11. APPLICABLE LEGISLATION AND JURISDICTION.
11.1 This contract shall be ruled upon and interpreted according
to the laws of the country where it is signed.
11.2 Any disputes that may arise under this contract between the
Renting Party and the Lessor shall fall within the competence
of the Courts corresponding to the area of the head office of
the rental company.