Terms and conditions CARONLINE RENT  A CAR SL.

 

Definitions. "Agreement" means all terms and conditions in the rental record ("Rental Record") and any additional documents you sign or we provide at the time of rental, electronically or otherwise. "Renter" means each person signing this Agreement, each Authorized Driver, and every person or organization to whom charges are billed by us at its or the Renter's direction. "We," "our" or "us “means [Rental Car Company]. "Authorized Driver" means (a) the Renter; (b) any additional driver listed by us on this Agreement; and (c) any other person defined as an "authorized driver" under applicable law. Each Authorized Driver must have a valid operator's license and be at least age [99] (unless otherwise specified in [applicable law]). "Vehicle" means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys , and documents provided inside the vehicle at the time of rental. “Physical Damage “means damage to, or loss of, the Vehicle resulting from (but not limited to) collision, theft, vandalism, acts of nature, riots or other civil disturbances, hail, flood, fire or any other loss not caused by collision. "Loss of Use “means the loss of our ability to use the Vehicle for our purposes because of Vehicle damage or loss, including, without limitation, use for rent, display for rent and/or sale, opportunity to upgrade or sell, or transportation of employees. "Diminution of Value" means the difference between the fair market value of the Vehicle before damage or loss and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf. "Charges" means the fees and charges that are incurred under this Agreement. "Vehicle License Fee, “Vehicle Licensing, “Vehicle License Prop Tax, “Vehicle License Cost Recovery Fee," or "Motor Vehicle Tax" means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as otherwise defined under applicable law.

 

 Rental; Indemnity; Personal Property; Warranties. Only Authorized Drivers may use the Vehicle. Authorized Drivers include only those individuals named in the Rental Agreement or permitted by state law. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or of this Agreement. You agree to indemnify us, defend us and hold us harmless from all judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle or Optional Equipment (as defined below). You release us, our agents and employees from all claims for loss of or damage to your personal property or that of another person that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was cause d by our negligence or was otherwise our responsibility. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. In no event shall we be liable to you for any indirect, special or consequential damages related directly or indirect.ly to any alleged breach by us of this Agreement.

 

Prohibited Uses. The following uses of the Vehicle are prohibited and constitute material breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental by giving false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation); (e) to carry persons or property for hire; (f) to push or tow anything; (g) in any race, speed test or contest; (h) to teach anyone to drive; (i) to carry dangerous or hazardous items or illegal materiel; (j) outside the Spanish Mainland (unless that use is specifically authorized in this Agreement); (k) on unpaved roads; (I) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when it is reasonable for you to know that further operation would damage the Vehicle; (p) with inadequately secured cargo; (q) where applicable, by anyone who lacks experience operating a manual transmission; (r) in connection with a willful, wanton or reckless act; or (s) by anyone who is sending or reading an electronic message, including text (SMS)

messages or emails, while operating the Vehicle. Smoking in the Vehicle is also prohibited. ANY PROHIBITED

USEOF THE VEHICLE VIOLATES THIS AGREEMENT AND SHALL INVALIDATE ANY COVERAGE PRODUCT

(WHERE PERMITTED BY LAW). For purposes of this Agreement, in addition to any appropriate local statutory definition, a "willful," "wanton" or "reckless" act shall also include (but not be limited to): (1) the use of unauthorized equipment on or in the Vehicle; and (2) aiding in the theft of the Vehicle or failing to safeguard the keys and the Vehicle is stolen or vandalized.

 

 

The VEHICLE. The renter receives the rental vehicle in perfect working condition, complete with documents, tool and accesories. The renter is reponsible for the rental vehicle until the end of the vehicle rental contract.

It is strictly forbidden:

  • To participate with the vehicle in races or competitive activities.
  • To allow other persons than the ones defined in article 2 to drive the vehicle.
  • To sublet the vehicle to carry passengers and goods.
  • To drive outside Mainland Spain, unless specifically approved by Caronline Rent A Car. The renter will not carry more than the authorized number of passenger, neither to transport animals or other objects, which may damage or stain the vehicle.

The renter is obliged to return the car the agreed time and  location. In the event the enter wants to extend the rental period they should advice Caronline Rent A Car at least 48  hours before the end of the initial  period. Caronline Rent A Car will agree or refuse  this extension in accordance with availability conditions. The non-justified retention of the car beyond the agreed rental period may be considered as theft in accordance with the penal code.

 

Condition and Return of Vehicle. Rental of this vehicle constitutes a "bailment," meaning that the use of the Vehicle is for Renter's own benefit. The Vehicle must be returned to our rental office or other location we specify on the date and time noted in this Agreement and in the same condition received, except for ordinary wear. Our determination of the condition of the Vehicle is subject to a final inspection for damage(s) which may occur in our facilities after drop off, whether or not the vehicle is checked in by an employee and whether or not such damage(s) are immediately recognizable or hidden. This also means that if the Vehicle is returned after closing hours, Renter's responsibility for damages under this Agreement continues until final inspection even if the damage occurred after the vehicle was returned. To extend the rental, Renter must contact our rental office before the due-in date listed in this Agreement. All Charges may continue to accrue until the return location opens for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. Renter must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented.

 

 

DRIVERS.The renters defines the main driver of the vehicle, who should be at least 24 years old and have a valid driving license for a least one year. The drivers agrees to drive in accordance with regulations of the road traffic code and agrees to take good care of the vehicle during the rental period. The renter can appoint one additional driver at an extra charge. The main driver is solely responsible for any damages to the vehicle, penalties incurred due to violation of the road traffic code and subsequent actions taken due to such violations.

In case one of the drivers is more than 70 years old Caroline Rent A Car can decide at its sole discretion than the person does not have the physical qualifications to drive.

The drivers declare that all the information given to Caroline Rent A Car  regarding driver license , age and fitness to drive the vehicle is correct. 

Caroline Rent A Car can decline all responsibilities in case the information given is not correct or false.

 

 

SURETY, On signing the agreement the hirer will pay the estimated amount of the rental plus any amount stated in the current rate as surety, an amount which will be returned when the contract expires provided it does not have to be used to pay for any extraordinary charge caused by the hirer. Cash payments must be supported by a credit card or any other sufficient guarantee which will serve to guarantee collection of any supplementary charges, such as uninsured loss, delayed return or fuel charges, among others.

The hirer accepts any charge made on these grounds and undertakes not to cancel the card or return any debits made by the Lessor against the hirer's account arising out of the rental agreement or breach thereof.

 

Responsibilityfor Tolls, Traffic Violations, and Other Charges. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying charging authorities directly all tolls ("Tolls") and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each "Violation") assessed against you, us or the Vehicle during this rental. If we are notified by charging authorities that we may be responsible for payment of a Violation, you authorize us to release your rental and payment card information to charging authorities or other relevant parties for processing and billing purposes. If we pay a Toll or Violation, you authorize us to charge all such payments and administrative fees to the payment card you used to pay for this rental.

 

Personal Information; Communications. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement. Questions regarding privacy should be directed to the location where you rented the Vehicle. You agree, in order for us to service or otherwise administer our account or to recover any amounts you may owe, that we or any assignee or collection agency of our choosing, may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in additional charges to you. We, our assignee, or any collection agency of our choosing, may also contact you by sending text messages or e-mails, using any e mail address you provide to use. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable.

 

 

INSURANCES. Included in the rental price are the insurance Public liability and Property damage. They provide unlimited cover in  respect of damage to other vehicles caused by the rental vehicle, driven by the designate drivers as per article 2.

Following conditions have to fulfilled:

  • The accident is reported to Caronline Rent A Car within 8 hours.
  • The insurance company does not reject the claim.
  • The driver is not under the influence of drugs or alcohol and as such is in the condition to drive as defined by the Road Traffic Code.

Insurances do not cover damage due to neglect of renter to tires, glass, interior, towing costs and fines.

The loss OR  breakage of the key and documents is not covered  and will be charged separately.

Neither it covers errors in fuelling the vehicle and the costs of repairing the vehicle and transfer of persons due to this type of incident.

Loss or theft of equipment from the vehicle, including but not limited to: the radio, rear shelf, hubcaps, etc.

Doesn´t cover a second driver if it´s not mentioned on the car rental contract ( signed by the second driver and the company Caronline Rent A Car.

No refund will be given back if the car is brought back earlier than the date of return.

 

ACCIDENTS.In case of accident renter agrees:

  • To take note of all details regarding the parties involved in the accident and possible witness, not to admit written responsibility. - To call Caronline Rent A Car within 8 hours to report the accident and to deliver a complete accident report within 24 hours to Caronline Rent A Car.´
  • To immediately inform the police whenever people are injured or if the other parties their responsibilities have be investigate.

 

REPAIRS. Caronline Rent A Car has taken all reasonable precautions to prevent failure of the rented vehicle. In the event of mechanical failure Caronline Rent A Car  will not be responsible for any damage or loss caused to renter, directly or indirectly. Caronline Rent A Car will pay for repairs on the vehicle due to mechanical failure , except for those that can be proved to be the result of inappropriate use of the car. In that event the renter will be responsible for  repairs, towing and storage of the vehicle. Caronline Rent A Car  will pay up to a Maximums of 12 Euros and against receipts, for small expenses due to greasing, adding of oil motor and minor repairs (except tire punctures).Renter needs to ask permission to Caronline Rent A Car for all repairs beyond 12 Euros.

 

CHARGES.The renter agrees to pay  Caronline Rent A Car :

  • By credit card the charges for rental, delivery, Collection insurance fees, petrol and taxes.
  • The cost of repairs of damages or losses to the car, not covered by insurance.
  • Downtime days for the vehicles due to accident, breakdown or retention of the same by Public Bodies or any event stemming from behaviour by the customer which violates the provisions of this present agreement according to the rate for the type of vehicle rented.
  • Fines and court costs incurred due to non-respect of the Traffic Code.
  • Charges for non-return on agreed location or late return of the car. - No refund for earlier delivery than the expected date.

 

Law for the protection of  Personal Data. To comply with the Organic Law 15/99 of 13 December (LOPD) and the R.D.994/99 of 11 June and Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016 we inform you that the data you provide are stored in files owned by CARONLINE RENT A CAR. and used as part of our internal management system. You have the right to access, modify, cancel and oppose the processing of said data. Similarly, we ask your consent to the use of your data by CARONLINE RENT A CAR. or other collaborating entities in their commercial and financial activities, guarantee confidentiality at all times.

. JURISDICTION. In case of dispute or divergence between Caronline Rent A Car and the renter, both parties agree to submit 

 

Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of this Agreement is deemed void or unenforceable, the remaining

provisions shall remain valid and enforceable. YOU AND WE EACH IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY

JURY IN ANY LEGAL PROCEEDING ARISING OUTOFORRELATING TOTHIS AGREEMENT OR THE TRANSACTIONS

CONTEMPLATED UNDER THIS AGREEMENT