1.- USE OF THE VEHICLE
The lessee declares to receive the vehicle stated on the present contract in perfect conditions and equipped with all the accessories mentioned on the obverse. Furthermore, the lessee declares in the personal circumstances and address stated on the obverse is true. It is strictly forbidden to the lessee:
a) To use the vehicle for the paid transport of persons or goods.
b) To use the vehicle for pushing or towing other vehicles.
c) To participate with the vehicle in sport if events or competitions, of to use it out of the public asphalted roads.
d) To drive the vehicle under the influence of alcoholic drinks, drugs or narcotics.
e) To drive the vehicle other person than the authorized one on the obverse.
f) To manipulate mechanical items of the vehicle by the lessee himself or through other persons, including garages.
g) Driving on roads or streets not marked or closed to traffic.
2.- RETURN OF THE VEHICLE
The vehicle will be returned in the place and date stated on the obverse. A delay of more than 60 minutes authorises the lessor to charge the lessee with one extra day. After 24 hours of the stated date to return the vehicle, the lessor could take away the vehicle from the lessee, if it could found, and urge the apposite judicial actions.
3.- RETURN CHARGES
Further to the price started on the obverse, the lessee binds over himself to pay for:
a) Missing tools and accessories.
b) Lost of documents, which value is 23,00 €.
c) Fines a penalties due to traffic infringements, rules and decrees as well as tow away services and stays at the deposits on the same cases.
d) Flat tyres or any major damage caused to tyres and rims, except Top Insurance.
e) The consumed fuel and tow services charges of the vehicle to be returned to the offices of the company due to abandonment or other reasons attributed to the lessee.
f) Damages caused to the vehicle, whatsoever the reason could be, in the case of the lessee non fulfilment or the prohibitions stated in the above mentioned point 1.-, or if the damages are due to negligence or grave fault of the lessee.
g) In any case, the lessee would be obliged to pay for the days the vehicle would be stopped due to breakdown, repairs or if it would be retrained by the judicial or traffic authorities. Those days would be paid in accordance with the official rates of the company and in a subsidiary way, in accordance with the daily price agreed in the present contract, except Top Insurance. In any other case different to the above mentioned the lessee responsibility for damages caused to the vehicle would be limited to the excess stated on the obverse, for the case that this excess would have been contracted and paid, except Top Insurance.
In case of accident, the lessee binds over himself to obtain the full dates of the rest of vehicles involved in the accident and the dates of the driver, asking for the presence of the authority agents when it would be a severe accident, and before signing any document agreeing on his responsibility in the accident, also obliged to inform the lessor within 24 hours of the accident.
The lessor would not reimburse the lessee for any expenses corresponding to repairs made to the vehicle and which would have not been earlier approved or authorized.
6.- LESSOR RESPONSIBILITY
The hired vehicle has been properly checked prior to deliverance, and its technical inspection is valid. Therefore the lessee could not demand the lessor any responsibility for fortuitous breakdowns. In case this would occur, this would authorized any of the parties to consider the contract as finished and expired, and the lessee would not have the obligations to pay for the days option, change the damaged vehicle by another one.
The lessor could demand the lessee, as a guarantee of the fulfilment of his assumed obligations, to make a deposit in cash or it authorize to charge his credit card with the amount corresponding to the guarantee.
The Insurance agreed by LOMA 22, SERVICE S.L., covers the lessee and the named and authorized drivers stated in the present contract against civil liability (damages caused to third persons) for an UNLIMITED amount. The insurance will not consider third persons the goods of the conjugal partner, ancestors, descendants, brothers or family of the lessee or named driver, as well as his business partner or other persons that they would have in relation of salary or dependence. Lost, robbery or damages caused to goods or objects transported in the hired vehicle are strictly excluded of the insurance. He lessee responsibility concerning the damages caused to the hired vehicle is fully covered in case of robbery and fire, and limited to the excess amount stated on the actual rates in case of accident, except Top Insurance, this, subject to the its negotiation and payment of the prime according to the rates, and the signature of the present contract is an indispensable requirement for it.
The responsibility would be jointly in the case the vehicle user would contract himself on behalf an entity or company.
10.- DATA PROTECTION. ENCLOSURE 2
In observance to what is stated in The Organic Law 15/1999, of 13th. December, concerning Data Protection and its development Regulations, LOMA 22, SERVICE S.L., informs that personal details provided through by you in the undersigned rental agreement, will be kept in a file and computerised with the purpose of the sending of marketing messages by electronic mail, in the strict terms included in current Legal Conditions. The consent can be revoked through the mechanisms laid down for the exercise of the right of access, rectification or erasure, and blocking of personal information. Customer will have to fill in all spaces of the agreement attached with truthful, accurate and up-to-date information, except for those which were indicated or naturally optional. In case of not providing the needed information, LOMA 22, SERVICE S.L., will be allowed to refuse the hiring request. The data obtained will not transferred to the others persons, company or organization, with the exception of the cars hired inside Airports or from passengers who ask for a car at the airport or the surrounding area, cases in which Aena will be informed with countable and statistical purposes. Equally, we would like to inform you will be able to exercise the rights of access, rectification or erasure, and blocking through the following days:
- Personally, in any of our offices.
- Through written communication with a copy of an identifying document addressed to:
LOMA 22, SERVICE S.L., Urb. Guadalmar a la Loma 18, 29004 Malaga.
The client, whatsoever his nationality could be, states to have read and strictly accepts all the conditions of the Contract and, renouncing to his own jurisdiction, for all the matters that could come out from the agreement of the abovementioned rules, strictly submit to the jurisdiction of the contract place, which is Malaga Court and Spanish Legislation.
Flat tyres, breakdowns (total or partial) of the rims and tyres are responsibility of the lessee, except Top Insurance. Damages caused to the vehicle in accidents occurred out of the asphalted roads are not covered, despite of the insurance against material damages would have been contracted.