Stand: 14. Nov. 2014
GENERAL CONDITIONS OF RENT - RENTAL AGREEMENT COOLTRA MOTOS, S.L.
USE OF VEHICLE.
1.1 The renter has to use and drive the vehicle corresponding to the basic norms of road traffic regulations and according to the specifications of use of the type of vehicle.
1.2 The renter agrees on not using the vehicle and/or allowing it to be used for the following purposes:
a) To charge for the transportation of passengers.
b) Pushing, propelling or towing of another moving or not moving vehicle or any other object.
c) Participation in any official or unofficial race, contest or test of resistance, of the vehicle’s materials, accessories or products (unless authorized by the lessor).
d) Driving the vehicle while under the influence of alcohol, narcotics or any other type of intoxicating substance.
e) Transportation of goods in violation of any law or in any other illegal manner or for any illegal purpose.
f) Transportation of passengers excising the indicated capacity of the vehicle, authorized and indicated in the vehicle’s permit and/or the registration papers.
g) Transportation of property or materials in excess of the weight, quantity and volume hereof that is superior to the authorized and indicated weight in the vehicle’s permit and/or the registration papers.
h) The transport of inflammable and/or dangerous goods, harmful toxic and/or radioactive products.
i) The transport of living animals (except for pets and/or animals of companion with previous authorization by the lessor).
j) Driving with roof rack, carrier or similar objects not supplied by the lessor.
1.3 The vehicle may only be driven by the renter himself or the person specified as an additional driver in the rental contract and/or in any appendix with the condition of the driver being 16 years of age or older for vehicles of 50cc, or 21 years of age for vehicles of more than 50cc; the drivers have to be the holders of the driver’s licence and the licence has to be valid and legal.
In concrete, the renter shall have the administrative authorization according to the regulations (permission and license) and shall have those authorizations recognized, if demanded by the executive legislation. The renter shall show the above mentioned documentation to the lessor before signing the rental contract.
1.4 The renter shall keep the vehicle properly locked when not in use (with the thereto by the lessor given equipment) and shall keep the vehicle‘s documents on him at all times.
1.5 The renter shall park the vehicle adequately in a secure and guarded place when not in use.
1.6 It is expressively prohibited to the renter to cede, let, mortgage, pawn, sell or in any way give as a guarantee the following: the vehicle, the rental contract, the keys, the documents, the equipment, the tools and/or the accessories of the vehicle and/or any piece or part of it; or treat the aforementioned in any way that could cause a damage to the lessor.
1.7 The renter shall stop the vehicle immediately if there is any sign of defective functioning or damage of the vehicle indicated by the instruments or any other detector lighting up or by external signs while driving. In this case the renter must notify the lessor or contact the indicated breakdown service by contacting the lessor. Invoices issued by another but named breakdown service will only be accepted in case of emergency and with prior explicit authorization of the lessor.
1.8 It is forbidden to use the vehicle outside of the urban area of the city in that the vehicle is rented or on any highway/motorway. The vehicle will not be covered by the obligatory personal liability insurance outside of this area or on a highway. In case of infringement of this paragraph, the renter will be the one held responsible for damages of the vehicle, the driver, the second passenger or companion, of third parties and of the lessor.
1.9 The renter may opt to take an extra insurance that includes liability for driving outside of the city, as long as he stays within the national borders. In this case, article 1.8 does not apply.
1.10 The renter may not transport the vehicle on any kind of boat, train, truck or plane (unless authorized by the lessor in writing).
1.11 Any damages caused by the renter due to breach of any of the conditions stipulated in this article or caused by the use of the vehicle in contravention of any condition of this agreement and/or due to any usage other than the usage defined in the rental contract by the lessor, authorizes the lessor to withdraw the vehicle from the renter and to bill and charge him the corresponding repair costs or other costs resulting from occurred damages by means of a previous written notice to the renter 5 days in advance.
CONDITION OF VEHICLE.
2.1 The lessor will hand out the vehicle to the renter in good condition, clean general appearance and checked by the internal controls of the lessor such as the vehicle’s tyres being in good state.
2.2 In case of any wearing, damage, theft and/or loss of any of the tyres the renter is liable for the immediate replacement of the tyres by other tyres of the same characteristics, brand and model and for the full amount of the tyres’ costs. This paragraph is an exception to article 5 of the present General Conditions.
2.3 It is explicitly prohibited to the renter to change any functional technical characteristics of the vehicle, the keys of the vehicle, the equipment, the accessories and/or spare parts of the vehicle, as well as any modifications of the exterior and/or interior appearance of the vehicle.
RENTAL COSTS, PERIOD AND PROLONGATION OF RENT.
3.1 The rental price corresponds to the price indicated in the rental contract and has been established according to the General Valid Tariff (with reference to services, charges and taxes) and the initial rental price agreed with the renter at the moment of signing the contract, according to the selected tariff.
3.2 The rental price does not include any insurance costs (neither the obligatory general liability insurance of vehicles, insurance of theft, loss, any kind of damage of the rental vehicle, nor any other type of insurance). Aforementioned insurances can be taken out by the renter with consideration of article 5 and article 6 of the General Conditions, the General Valid Tariff, the initial price specified in the contract and the selected tariff (regarding the insurances).
3.3 The rental period will be as stipulated in the contract and will be charged based on a twenty-four-hour period, counted from the moment the contract comes into force. A 59-minute tolerance period will be granted. In case the renter passes this period, there is a charge of an additional daily rate and an additional fee of 50 euros for each additional day after the tolerance period. If the renter does not return the vehicle in time the contract will be extended tacitly, if the lessor does not refuse to agree to an enlargement of the contract, charging the corresponding rental costs for each additional day plus the additional fines for each day without the renter having formalized the corresponding documents of the contract’s prolongation with the lessor.
3.4 In case of a prolongation of the rental period agreed by the renter and the lessor in the contract or in case of return outside the rental period because of any reason, the applicable price will be as stipulated in the General Valid Tariff.
3.5 The deposit paid or guaranteed during the closure of the contract cannot serve to prolong the rental period. In case that the renter should like to keep the vehicle for a period longer than initially agreed, he previously will have to obtain the explicit permission of the lessor in writing and shall pay immediately the amount of the additional deposit for aforementioned prolongation.
3.6 The renter shall return the vehicle at the agreed return date, time and place specified in the contract. The return of the vehicle in a place differing from the initially specified, with previous agreement of the lessor, implies an additional fee of 50 euros on the renter’s charge.
3.7 The contract is considered terminated once the vehicle and the keys have been returned to and accepted by the lessor during business hours.
4.1 The renter agrees to pay to the lessor:
a) The amount resulting from the implementation of the General Valid Tariff and the initial price specified in the contract according to the selected tariff, corresponding to the time period, insurance, additional equipment and complementary services (conditions as stipulated), such as the applicable charges and taxes.
b) The amount deriving from what is specified in article 5 of the present General Conditions and the General Valid Tariff (regarding insurance), regarding the rental costs and the excess or maximum responsibility in case of occurrence of any of the events covered by insurance.
c) The amount of an estimated compensation in the event the vehicle is not being in working order for reasons not caused by the lessor, corresponding to the number of working days necessary to repair of the vehicle, depending on the corresponding bill and calculating one day for every eight working hours. For the calculation of aforementioned amount, the daily tariff of the contracted workforce will be used as base. In the event of theft or loss the renter will only have to pay to the lessor the amount of one day of rent and the corresponding amount as ordered in article 5 of these General Conditions (regarding the rental costs and the excess or maximum responsibility).
d) The amount of transport and repair of the vehicle’s damages caused by wrong refuelling, in contravention of what is specified in article 8 of these General Conditions of Rent. The calculation will be made according to the aforementioned paragraph c).
e) The corresponding amount of all fines or penalties and the corresponding sanctions for any kind of infringement against the effective legislation relating to the Traffic Act and the Road Safety Act, which may happen to the renter deriving from the usage of the vehicle in the rental contract, as well as the corresponding charges for the delay of payment by the lessee and the judicial and out of court fees which may occur to the lessee as a consequence of the above stated cases.
f) The amount of 50 Euros in the case that a Cooltra employee’s presence is required at a tow pound in order to reclaim a vehicle that has been towed through no fault of the lessor, but of the renter.
g) The amount of any damages caused by the lessee for whatever reason deriving from the circumstance of having caused disadvantages to third parties or to the lessor regardless of being insured. In the case of the lessor being insured, it is the lessor´s obligation to return to the lessee the amount that would have been charged in the absence of any insurance policy, after the lessor receives payment from the insurance company.
4.2 The payments of the costs specified in paragraph 4.1 are to be made by credit card or in cash. In the event of payment in cash, the currency has to be accepted by the lessor and according to the exchange rate at the moment of the invoicing. Should the payment be made in a foreign currency an additional administrative charge of 3% is to be made.
4.3 If the case should arise that the lessee does not pay the aforementioned costs within 24 hours since occurred, the lessor has the right to deduct those costs from the deposit and make a claim judicially or extra judicially without further formalities.
THIRD-PARTY MOTOR INSURANCE, THEFT,
LOSS AND VEHICLE DAMAGE.
5.1 As mentioned before the rental costs neither include the motor vehicle liability insurance nor any insurance of theft, total or partial loss or any kind of damages the vehicle (or of the luggage, load or other personal objects transported with the vehicle) might have suffered because of any circumstances (vandalism or road accident).
5.2 The renter must explicitly subscribe to the above stated vehicle liability insurance, the theft insurance, total or partial loss insurance as well as the insurance for damages to the vehicle and the resulting costs payable by the renter will be added to the total amount of the rental costs.
5.3 These types of coverages will be guaranteed and assumed by the insurer with whom the lessor has taken out the corresponding insurance policy; and they are bound to the general and particular conditions of this policy and to the valid legislation.
5.4 By signing the rental contract, the renter joins as the insured party the mentioned policy, of which exists a copy that can be requested in every Cooltra Motos, S.L. office and which the renter assures to have read.
5.5 In the occurrence of any of the events covered by insurance, the personal liability or maximum responsibility will be established on renter’s charge and will be charged by and should be paid to COOLTRA MOTOS, S.L..
5.6 The renter is obliged to subscribe to the mentioned insurances.
5.6.1 For damages covered by the third-party motor insurance the renter has neither an excess nor a maximum responsibility charged. The insurance covers all charges.
5.6.2 For the other damages covered by the insurance for other risks (theft, loss, vehicle´s damages) an excess or maximum responsibility of 500 euros will be charged to the renter.
5.7 This maximum responsibility will not be applicable if the renter does not fill in the accident report form and, if necessary, the corresponding report for road accident or theft, in which the data of the vehicles and operators involved in the accident and the conditions and circumstances in which the accident happened have to be clearly listed. The renter shall hand in this thoroughly completed document to the lessor within a maximum time period of 48 hours counted from the time that the incident occurred (except in cases of Force Majeure).
5.8 This maximum responsibility will also not be applied if the renter breaches any of the conditions as stipulated in article 1 of these General Conditions.
5.9 In the aforementioned cases stipulated in the paragraphs 5.7 and 5.8 the renter will accept the total responsibility for the consequences and he will pay the lessor for the according damages.
5.10 All damages, which the lessor or third parties might suffer as mentioned in the present article and the due excess payments because of the occurrence of any of the events covered by insurance, authorizes the lessor to unilaterally cancel the contract and to retract the vehicle from the renter and to charge him and debit the due fee of the corresponding repair costs or other costs resulting from the occurrence of the named damages, without previous communication in writing to the renter.
NOT INSURED RISKS
6.1 As already mentioned before, the rental costs do not include the fees for other insurances that might be advisable to contract (those not mentioned in article 5, for example the insurance of personal damages of the same driver). Only the insurance of civil obligatory responsibility which covers damages to third parties and the insurance of theft, partial or complete loss, operating losses on the same vehicle, are included.
6.2 The renter should contract the insurances not mentioned in the previous article by himself and at his own cost.
6.3 The renter accepts full liability for the cases not insured and will pay the total cost of the same to the lessor without any limitation if he causes direct or indirect harm to the stated company.
6.4 All damages mentioned in this article which the lessor or third parties might suffer as mentioned in the present article because of the occurrence of any of the events covered by insurance, will authorize the lessor to unilaterally cancel the contract, to retract the vehicle from the renter and to charge him and debit the due fee of the corresponding repair costs of named damages or of self-inflicted accidents that the renter caused, without previous communication in writing to the renter.
MAINTENANCE AND REPAIR
7.1 The renter is obliged to personally present the vehicle in the establishments of the lessor every 500km for a revision of the vehicle. In case of non compliance the renter has to pay an additional charge of 50 euros.
7.2 The mechanic fair ware and tear of the vehicle due to normal usage is paid for by the lessor. In case of breakdown of the vehicle, the renter shall notify the lessor or the road assistance company hired by the lessor and only this one immediately. Invoices issued by a road assistance company other than the one hired by the lessor will only be accepted in case of emergency and with prior explicit authorization of the lessor.
7.3 The renter will check the vehicle’s liquids every 1000 kilometers and refill it if necessary.
7.4 In case of replacement of liquids the renter should hand in the corresponding bill, so that the costs will be deducted from the final price of renting.
7.5 The renter is not authorized to have the vehicle repaired, unless authorized explicitly by the lessor. In this case the renter should hand in the corresponding detailed bill of the carried out repair.
7.6 In the event of rent for a period longer than one month the renter shall return the vehicle to the lessor every 30 calendar days for routine maintenance revision in the office where the return has been contracted initially.
8.1 The cost of fuel consumed by the vehicle during the rental period is at the renter’s expense.
8.2 The renter shall fill up the vehicle with the right type of fuel for the vehicle. Otherwise the renter is responsible for paying the costs of the transport and/or the repair of the damages due to the wrong refilling.
8.3 The renter shall return the vehicle at the same fuel level at which the vehicle was rented. Otherwise he is to pay the lacking amount plus an additional charge for refuelling service. The aforementioned additional charge will be as stipulated in the General Valid Tariff.
If additional costs should need to be paid (corresponding to these General Conditions), the lessor has the right to debit those costs directly from the deposit and in case the deposit should not cover those costs, the lessor is authorized to charge the difference on the indicated credit card without the necessity of the renter to sign anew. The renter authorizes this process by signing the rental contract.
If the renter cancels his reservation more than 7 days prior to the date, a refund of the amount paid will be made, less a 10% administration fee.
If the renter cancels his reservation less than 7 days prior to the date, he receives a voucher with the amount paid, valid for 1 year.
If the renter cancels without previous notification, no money will be refunded
MODIFICATIONS OF THE RENTAL CONTRACT
These General Conditions as well as the provisions of the rental contract can only be modified with an agreement in writing signed by both parties.
ELECTRONIC DATA PROCESSING OF PERSONAL DATA
The renter authorizes the electronic data processing of the personal data that appears in this contract, which are necessary for the contracted service as well as for the offer and conclusion of a contract for other products and services by the lessor. The renter has the right to access, correct and cancel his personal data by a petition in writing to the lessor. The renter also authorizes the lessor to cede his data to companies of the group, to his franchising companies or to others with whom the lessor collaborates for the best rental service of vehicles, resident either in Spain or abroad, respecting the Spanish legislation of the protection of the personal data.
APPLICABLE LEGISLATION AND JURISDICTION
13.1 The present contract will be valid and interpreted according to the laws of the country where it has been signed.
13.2 Issues concerning this contract between the lessor and the renter will fall within the competence/jurisdiction of the Spanish courts of the city the contract has been signed in, to which both parties submit.
ARTICLE 15APPENDIX TO THE QUANTIFICATION OF DAMAGES:
The damages caused on the rented vehicle and to be compensated by the renter are to be divided into the following four categories, without discrimination of the appliance of the penalisations described in the current General Conditions:
CATEGORY 1 - Charge of 50 euros.
Broken or disappeared mirror. Broken lights or reflectors. Punctured tyre. Damaged or missing helmet. Scratches in a panel. Damaged brakes. Lost keys. Lost locks. Lost licence plate. Lost foot mat. Lost papers. Delay in returning the scooter (in addition to the regular price for rent). Broken or disappeared support.
CATEGORY 2 - Charge of 100 euros.
Serious damages in a panel. Damage of exhaust pipe. Profoundly damaged brakes. Damaged seat.
CATEGORY 3 - Charge of 250 euros.
Missing or severely damaged tyre. Serious damages in various panels.
CATEGORY 4 - Charge of 500 euros.
Damages in the steering column. Serious damages to the vehicle. Loss or theft of the vehicle. Irreparable damages to the vehicle.
By means of this contract the lessee commits to paying the specified charges identified with the according maximum retention payment.
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