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 appears specified on the obverse, 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 billed plus a penalty of €50 for breach of contract. In the event of needing the vehicle for a period longer than that initially agreed, the Client must renew the contract indicating the new rental period or obtain express written authorization from the Lessor.
If the client decides to end the rental before the date indicated in the contract, they will not be entitled to a refund of the amount corresponding to the time not enjoyed.
3. USE OF THE VEHICLE
The client undertakes to keep and maintain the vehicle in good condition and to drive it in compliance with the regulations of the Highway Code as well as the provisions of this contract. Any negligence for not respecting road signs will have the effect of not applying the coverage in terms of damage to the leased vehicle.
It is expressly prohibited:
- Driving the vehicle under the influence of alcoholic beverages, narcotics, psychotropics, stimulants or any other substance that alters or diminishes driving abilities. Likewise, it is prohibited to drive in a state of fatigue or illness that impairs the faculties.
- Using the vehicle for illegal purposes.
- Assign or allow the driving of the vehicle to any person not authorized in the contract or to whom they have provided false personal data.
- Exceed the number of passengers or weight according to the homologation of the vehicle or transport animals.
- To push or tow any vehicle.
- To participate in sports or material resistance tests of any kind or to teach driving.
- Leaving national peninsular territory with the sole exception of Gibraltar.
4. RETURN OF THE VEHICLE
The client acquires the commitment to return the vehicle at the branch and on the date and time stipulated in the rental contract.
If the client wishes to extend the rental, they are required to appear at the main office, obtain authorization embodied in the contract and the corresponding signature of the extension, as well as the payment of the relevant amounts. If the contract cannot be extended due to a lack of vehicles or for any other reason, the client must return the car at the place, date and time initially agreed.
In the event that the Client returns the car on 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 car in a location not expressly authorized in the contract, the Lessor may demand the payment of all the expenses caused by the recovery and transfer of the vehicle to the main office plus the corresponding fee detailed in the previous paragraph.
The vehicle must present the same state of cleanliness and conservation in which it was delivered, together with all its documents (originals or copies), auxiliary equipment, tires, tools and accessories. Any technical or appearance alteration both inside and outside is prohibited.
The client expressly agrees to pay MIRABRAS, SL at the beginning of the rental the charge for the disposal of the car during the time agreed in the contract and according to the current rate at any time depending on the season; taxes levied on 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 will be invoiced, if applicable, at the end of the rental (point 6).
In the event of amounts pending payment at the end of the rental, the client authorizes MIRABRAS, SL to make the charges that proceed after the return of the vehicle and within a period of one month, charged to the bank card provided for this purpose. and detailed in the rental agreement.
The lessor reserves the right to invoice the amount stipulated for the following concepts after the return of the car:
Cleaning and disinfection expenses. The customer must return the vehicle in a reasonably clean condition. Upholstery cleaning due to stains or pet hair may incur an extra charge between €50-€150.
Fines, judicial and extrajudicial expenses derived from traffic offenses, parking or of any other kind during the period of validity of the contract or in case of misappropriation, until the vehicle is again in the possession of its legitimate owner.
Loss or deterioration of any element of the vehicle such as keys, tires and rims, clutch, tools and accessories.
wrong refueling. The client must assume all the expenses incurred, from towing to the start-up of the car.
Vehicle damage repair in the event of an accident when the car has not been used based on the established conditions; The accident report has not been completed, signed by both parties and sent to the lessor within 48 hours or it does not conform to the reality of the facts.
Loss of profit and stoppage of the vehicle for a stay in a repair shop accredited by an invoice from the service provider, when the damage to the vehicle is caused by improper use of the vehicle (point 9).
The lessee will leave an amount in payment when the contract is signed to respond and face possible charges derived from the obligations assumed.
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, SL offers the client, included in its rates, partial coverage against possible damage caused to the vehicle by collision (CDW) and two optional types of extra protection: full coverage 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, SL that partially exempts the lessee (except for the amount of the excess), by contracting it, from economic responsibility, only for damages caused to the vehicle due to of a collision with other vehicles or fixed or mobile objects, excluding those caused by acts of vandalism. The amount of the franchise is established in the Current General Rate, or in the contracted rate, and must appear in the Rental Agreement.
EDW (Full Damage Protection): Total exemption from the payment of the franchise paid by the lessee not covered by the CDW. The EDW is an optional service provided directly by MIRABRAS, SL and specifically offered by it, only for certain groups of clients and/or vehicles, with which, by contracting it, it fully exempts the lessee from paying the minimum amount at his expense. (deductible) not covered by CDW.
THW (Theft Protection): partial exemption (except for the excess amount) from liability in the event of total or partial theft of the vehicle, and damage caused to it by acts of vandalism during parking when it is not used by the lessee.
It will be an essential requirement for the exemptions to become effective that the following conditions are met:
- 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 make correct use of the vehicle and ensure its good condition, including checking the oil and water levels and tire pressure, if necessary, and respecting laws and regulations in force.
Improper use of the vehicle will be considered, with the client responding directly for all damages to the vehicle and to third parties:
Driving the vehicle under the influence of alcohol, drugs or any type of substance that produces states of reduced driving capacity, as well as low state of fatigue or illness.
Reckless driving and/or contrary to traffic regulations.
Use the vehicle with illegal purposes.
Allow driving for any unauthorized person under contract by MIRABRAS, SL
Use of the vehicle once rental period expired.
exceed the number of passengers specified by the vehicle manufacturer or permitted by law.
Use of the car for move, push or tow other vehicles, trailers or objects.
circular by gravel roads or in deficient state either not paved that could cause damage to the underbody of the car and/or tires.
circular by places not suitable for cars, such as beaches, forest tracks, racing circuits, local roads, restricted areas of port or airport enclosures, etc.
Participate with the vehicle in competitions or endurance tests of vehicles or materials.
Refuel different fuel to which it corresponds
Not having the vehicle properly parked and closed when not in use.
leave objects in sight inside the vehicle.
Dirty the car beyond what is implied by careful and reasonable use.
Use the vehicle for cargo and freight of any kind or use of a roof rack.
manipulate the odometer vehicle.
remove the vehicle outside national territory.
Su transportation aboard any vessel, truck, trailer, or plane without the express consent of MIRABRAS, SL
Use the vehicle for public passenger transport, to impart driving lessons, for services of courier or delivery of goods.
It is not allowed to smoke inside our vehicles. Failure to comply will entail a charge of €50 plus the costs of deodorizing, cleaning or repairing/replacing burned items.
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.
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.
11. 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.
12. RIGHT OF WITHDRAWAL
MIRABRAS, S.L. reserves the right to terminate the rental contract in advance, immediately and without any compensation or refund of amounts paid in the event of improper use of the vehicle (point 9).
13. PERSONAL OBJECTS
MIRABRAS, S.L. is not responsible for stolen, forgotten or lost objects inside the vehicle.
For the resolution of any issues or controversies that may arise from this contract, MIRABRAS, SL DOES NOT SUBMIT TO the competence of the Transport Arbitration Boards in accordance with the provisions of article 38.1 of Law 16/1987 of July 30, of Regulation of Land Transport.
This contract will be governed and interpreted in accordance with Spanish law. In case of discrepancy or lawsuit between the parties, they agree to submit to the jurisdiction of the Courts of Malaga expressly waiving any other.
The client may submit any complaint or claim at the following address: Avda. Luis Braille, 22, San Pedro Alcántara, 29670 Marbella, (Málaga).
The translations of these general conditions are merely informative and do not have a binding legal character in all the detail of its wording, only its version in Spanish being valid.
15. DATA PROTECTION