TERMS AND CONDITIONS
GENERAL CONDITIONS OF THE RENTAL
By the present Contract, the lessor, Mirabras, S.L. with tax identification number B-29781937 and corporate address in Avda. Luis Braille, 22, San Pedro Alcántara, Marbella, rents the vehicle described on the front to the undersigned lessee (hereinafter the client) who declares to have read and agrees with all the terms and conditions of the contract and is obliged to comply with them. Therefore, considering the above, they agree and convene:
1. PURPOSE OF THE CONTRACT
The Vehicle is the property of the lessor and is delivered to the client clean and in proper working order and condition, with any possible damage, fuel tank level and auxiliary equipment specified on the front.
2. DURATION OF THE CONTRACT
It is specified on the front, detailing the date, time and place of return of the vehicle. A courtesy period of 60 minutes is offered, after which a full day's rental will be invoiced plus a penalty of €50 for non-compliance with the duration of the contract. In the event of needing the vehicle for a longer period than initially agreed, the client must renew the contract indicating the new rental period or obtain express written authorisation from the lessor. If the client decides to terminate the rental before the date specified in the contract, they shall not be entitled to a refund of the amount accrued for the time not used.
3. USE OF THE VEHICLE
The client is obliged to keep and maintain the vehicle in good condition and to drive it in compliance with the regulations of the Highway Code and the provisions of this contract. Any negligence in failing to respect the road signs will result in the non-application of the coverage for any damage to the rented vehicle. It is expressly forbidden: 1. To drive the vehicle under the influence of alcoholic beverages, narcotics, psychotropic drugs, stimulants or any other substance that alters or diminishes driving abilities. It is also forbidden to drive in a state of fatigue or illness that impairs the driver's faculties. 2. Using the vehicle for illicit purposes. 3. To give or permit the driving of the vehicle to any person not authorised in the contract or to anyone who has provided false personal data. 4. Exceeding the number of passengers or weight established in the vehicle homologation or transporting animals. 5. To push or tow any vehicle. 6. To participate in competitions or contests, testing the endurance of materials of any kind or to teach to drive. 7. To leave the national peninsular territory with the sole exception of Gibraltar.
4. RETURN OF THE VEHICLE
The client undertakes to return the vehicle to the branch on the date and time stipulated in the rental contract. If the client wishes to extend the rental period, they are obliged to come to the head office, obtain authorisation in the contract and the corresponding signature for the extension as well as the payment of the respective costs. If the contract cannot be extended due to a lack of availability or for any other reason, the client must return the car at the place, date and time initially agreed. In the event the client returns the car at a date, time or place other than those agreed, the client will be charged the corresponding rate without discounts or promotions increased by 100% with a minimum penalty of €50. If the client returns or abandons the vehicle to a location not expressly authorised in the contract, the lessor may demand payment of all costs incurred for the recovery and transfer of the vehicle to the main office plus the corresponding fee detailed in the previous paragraph. The vehicle must be in the same state of cleanliness and conservation in which it was delivered, together with all its documents (original or copies), auxiliary equipment, tyres, tools and accessories. It is forbidden to make any technical or appearance alterations to the interior or exterior.
5. PAYMENT
The client expressly agrees to pay MIRABRAS, S.L. at the beginning of the rental the charge for the provision of the car during the time agreed in the contract and according to the rate in force at the time depending on the season; taxes levied on the rental charges; coverage, delivery and/or return services at airports, train stations, hotels or any other added service related to the rental. The amount for fuel consumed shall be invoiced, if applicable, at the end of the rental (point 6). In the event of any outstanding amounts at the end of the rental period, the client authorises MIRABRAS, S.L. to make the appropriate charges after the vehicle has been returned and within a period of one month, to be charged to the bank card provided for this purpose and detailed in the rental contract. The lessor reserves the right to invoice the stipulated amount for the following items after the return of the car: Cleaning and disinfection costs. The client must return the vehicle in a reasonably clean condition. Cleaning of upholstery due to stains or pet hair may incur an extra charge of between 50€-150€. Fines, judicial and extrajudicial expenses arising from traffic, parking or any other type of offence during the period of the contract or in the event of misappropriation, until the vehicle is once again in the possession of its rightful owner. Loss or damage to any element of the vehicle such as keys, tyres and rims, clutch, tools and accessories. Incorrect refuelling. The client shall bear all costs incurred, from towing to putting the car back into operation. Repair of damage to the vehicle in the event of an accident if the car has not been used in accordance with the conditions laid down; in the event the accident report has not been completed, signed by both parties nor returned to the lessor within 48 hours, or if it does not correspond to the facts of the case. Loss of profit due to vehicle downtime as a result of a stay in a garage for repairs, as evidenced by an invoice from the service provider, if the damage to the vehicle is caused by misuse of the vehicle (point 9). The lessee shall leave an amount in payment at the signing of the contract to respond and meet possible charges arising from the obligations assumed.
6. FUEL
MIRABRAS, S.L. will not charge for fuel in advance. The lessee may return the tank with the same level at which it was delivered, this being detailed in the contract and expressed as a percentage or fraction. The lessor will charge the difference in fuel, if any, at the end of the rental period according to the market price. The client is aware and agrees that they will not be refunded for any excess (surplus) of fuel.
7. COVER AGAINST DAMAGE OR THEFT OF THE VEHICLE
MIRABRAS, S.L. offers the client a partial cover against possible damage caused to the vehicle by collision (CDW) and two optional forms of extra protection: total cover without excess for collision (EDW) and partial exemption against theft and acts of vandalism (THW). CDW (Collision Damage Protection): The CDW is a service provided directly by MIRABRAS, S.L. that, if contracted, partially exempts the renter and client from financial responsibility (except for the amount of the excess). The exemption covers only damage caused to the vehicle as a result of a collision with other vehicles or fixed or mobile objects, excluding those caused by acts of vandalism. The amount of the excess is established in the General Tariff in force, or in the contracted tariff, and must be stated in the Rental Contract. EDW (Full Damage Protection): Total exemption from payment of the excess at the expense of the lessee not covered by the CDW. EDW is an optional service provided directly by MIRABRAS, S.L. and specifically offered by the company, only for certain groups of clients and/or vehicles, which, by means of its contracting, totally exempts the lessee from the payment of the minimum amount payable by the lessee (excess) not covered by the CDW. THW (Theft Protection): partial exemption (except for the cost of the excess) from liability in the event of total or partial theft of the vehicle and damage caused to the vehicle by acts of vandalism during parking when it is not being used by the lessee. All the following conditions must be met for the exemptions to become effective:
- The client informs MIRABRAS, S.L. within a maximum period of 24 hours and provides a duly completed accident report signed by the parties, details of witnesses, a report to the authorities and all legally required documents. Details of the opposing vehicle, registration number, model, policy number and insurance company, details of the driver, full name and number and nationality of the driving licence are considered essential and must be included.
- The insurance company does not reject the claim on the grounds that the driver did not meet the physical or mental conditions required by the Highway Code with express mention of driving under the influence of alcohol, drugs or narcotics.
- The incident did not occur in the course of improper use of the vehicle (point 8).
- The client does not abandon the vehicle or takes the appropriate measures to protect it until it is removed by the tow truck designated by MIRABRAS S.L. The assistance telephone number where the client should contact will appear in the rental contract.
The client's obligations also include:
To inform the authorities in the event of a dispute with the opposing party or in the event of injuries. A police report is also required in the event of major damage to the vehicle, especially to the front of the vehicle.
In the event of fire, vandalism, theft or disappearance of the vehicle, to notify MIRABRAS, S.L. immediately and to file a report with the relevant authorities.
8. MISUSE OF THE VEHICLE
The client is obliged to use the vehicle correctly and to ensure that it is in good condition, including checking the oil and water levels and tyre pressure, if necessary, and complying with the laws and regulations in force. The following practices shall be considered as improper use of the vehicle and the client shall be directly liable for all damages to the vehicle and third parties: To drive the vehicle under the influence of alcohol, narcotics or any type of substance that produces states of diminished driving ability, as well as under a state of fatigue or illness. Reckless driving and/or driving contrary to traffic regulations. To use the vehicle for illegal purposes. To allow driving by any person not authorised by MIRABRAS, S.L. in the contract. To use the vehicle after the expiry of the rental period. To exceed the number of passengers specified by the vehicle manufacturer or permitted by law. To transport animals. To use the vehicle to move, push or tow other vehicles, trailers or objects. To drive on gravel roads or roads in poor or unpaved condition that could cause damage to the undercarriage and/or tyres. To drive in places not suitable for passenger cars, such as beaches, forest tracks, race tracks, country roads, restricted areas of port or airport premises, etc. To participate with the vehicle in competitions or endurance tests of vehicles or materials. To refuel with fuel other than that for which it is intended. Failure to have the vehicle properly parked and locked when not in use. To leave objects in sight inside the vehicle. Soiling the car beyond what careful and reasonable use implies. To use the vehicle for loading and transporting goods of any kind or to use any roof rack. To tamper with the vehicle's odometer. To take the vehicle out of the national territory. To transport the vehicle on board any vessel, truck, trailer or aircraft without the express consent of MIRABRAS, S.L. To use the vehicle for public passenger transport, driving lessons, courier services or delivery of goods. To sublease the vehicle. In addition to the above, smoking is not permitted inside our vehicles. Failure to comply will result in a charge of €50 plus the cost of deodorisation, cleaning or repair/replacement of burnt elements.
9. DRIVING LICENSE
The client, as well as the authorised additional drivers, must be in possession of a valid and approved driving licence in Spain and must have been in possession of this licence for at least three years. All additional drivers authorised in the contract shall be jointly and severally liable for all obligations of the client arising from the contract.
11. DEPOSIT
MIRABRAS, S.L. reserves the right to take a deposit of between €500 and €1,000 which will be charged to a credit card in the name of the lessee or one of the additional drivers. This deposit will be held by the lessor in the event of damage to the vehicle during the time it takes for the vehicle to be assessed and quantified, as well as the termination and acceptance of liability for the damage caused in the event of an accident report by the opposing insurance company. In all other cases, MIRABRAS, S.L. undertakes to return the deposit within a maximum period of 5 days.
12. CHILD RESTRAINT SEATS
The client is responsible for the correct use and anchorage of the child restraint devices provided by MIRABRAS, S.L. The lessor is released from any possible liability for personal injury or material damage that may occur as a result of the use, omission of use and installation of the child restraint device.
13. PERSONAL OBJECTS
MIRABRAS, S.L. is not responsible for stolen, forgotten or lost objects inside the vehicle.
14. LEGISLATION
For the resolution of any questions or disputes that may arise from this contract, MIRABRAS, S.L. DOES NOT SUBMIT to the jurisdiction of the Transport Arbitration Boards in accordance with the provisions of Article 38.1 of Law 16/1987 of 30 July, on the Regulation of Land Transport. This contract shall be governed by and construed in accordance with Spanish law. In the event of any discrepancy or lawsuit between the parties, they agree to submit to the jurisdiction of the Courts of Malaga, expressly waiving any other jurisdiction or venue. The client may submit any complaint or claim to the following address: Avda. Luis Braille, 22, San Pedro Alcántara, 29670 Marbella, (Málaga). The translations of these general terms and conditions are for information purposes only and are not legally binding in every detail of their wording, and only the Spanish version is valid.
15. DATA PROTECTION
Responsible: MIRABRAS, S.L., Avda. Luis Braille, nº 22, San Pedro Alcántara, 29670 Marbella, Málaga. Telephone: 952780408. E-mail: rual@rualrentacar.com. The purpose of the management of the clients' data is for administrative, invoicing and accounting tasks. Data will not be transferred internationally nor will it be passed on to third parties. We process the data on the basis of the client's consent, as well as for the execution of contractual relations, for the sole purpose of the fulfilment of a legal obligation and for legitimate interests. The client can access, rectify and delete their data, in addition to the other rights recognised in the regulations, by contacting the above-mentioned postal address or e-mail. The client can submit a complaint to the A.E.P.D. through the Authority's electronic headquarters or by non-electronic means, in the event that the client believes their rights have been violated. More information about the privacy policy can be found on our website: www.rualrentacar.com.