1. DRIVER, DELIVERY, USE AND RETURN OF THE VEHICLE.
1.1. The lessee, or the authorized driver, must have an active driving licence valid for driving in Spain that has been held for more than two years, and the person must be at least 22 years old. You must also present a current ID card or passport and meet the other requirements demanded by the lessor to ensure the correct performance of the rental agreement. Only the persons correctly identified in the contract and accepted by the lessor are authorized to drive the vehicle.
1.2. The lessee, or the authorized driver, agrees to use the vehicle according to the rules of the country in which it is driving according to the specifications of use of the vehicle’s model. The lessee is not allowed to drive the vehicle through inappropriate routes, outside the national roads network or to unauthorized destinations. In any case, the use of the vehicle is only allowed within the Iberian Peninsula (Spain, Gibraltar and Andorra). It is strictly forbidden to transport the vehicle on a ship, train, truck or plane. It is also prohibited to sublet, assign, pledge, mortgage or to offer it as any other form of giving as a guarantee.
1.3. The lessee, or the authorized driver, will be responsible for the safety of the vehicle. In case of robbery or accident, he/she will notify the lessor within a maximum period of 24 hours and must protect, at all times, the interests of the lessor and its insurance company, taking responsibility for the damages that derive from negligence of his or her action. In the event of an accident, the lessee agrees to obtain the full data of the opposing party and possible witnesses to the accident, which will be sent to the lessor within a period of 24 hours. In the event of a breakdown, the lessee must stop the vehicle and contact the lessor or its road assistance company as soon as possible. The lessee may order the repair or maintenance of the vehicle only with the express authorization of the lessor, and then provide the invoice for the repair made out to the name of the lessor, which will be paid to the lessee.
1.4. The lessee will receive the vehicle according to the description indicated in the corresponding section of the rental contract, in good working order, exterior and interior, with the tires in fit condition and with all the corresponding accessories. The lessor agrees to take the right precautions to avoid mechanical failures of the rented vehicle, but in the event of any failures happening, the lessor will not assume any responsibility for the damages that could directly or indirectly be caused to the lessee, as a consequence of such failures.
1.5. The lessee must return the rented vehicle to the lessor along with all the documentation, keys, tools and accessories at the time and place established in the rental agreement, at which time the service is considered finished. Any alteration must be authorized in writing by the lessor. Failure to comply with this condition authorizes the lessor to legally request the return of the vehicle and charge the lessee for the extra services.
2. PRICE, PAYMENTS AND DURATION OF THE RENTAL CONTRACT
2.1. The rental price will be indicated in the contract, agreed with the lessee, according to the selected rate, expressed in euros, including the current V.A.T.
2.2. The lessee must pay the rent and other expenses and additional charges for management, as established in the contract. Payments will be made by credit card, debit card, or cash. In the case of payment with a credit card, the lessee, by signing the lease, will authorize the lessor to charge all final expenses originated by the rent and damages caused not covered by the insurance contracted company.
2.3. The duration of the rent will be established in the contract. To prolong the lease the lessee must contact the lessor and do what is asked.
3. INSURANCE, PENALTIES AND FUEL.
3.1. The lessee or, if applicable, the driver or authorized drivers, will be included in the car insurance policy and only they can drive the rented vehicle.
3.2. The type of insurance contracted by the lessee (mandatory, all risks with or without franchise and its amount), will be indicated in the corresponding section of the contract. In no case does the insurance include: damage caused intentionally or by negligence; damage and punctures on wheels and tires; damage to the underside of the vehicle; clutch breakage due to misuse; damage to upholstery; loss of keys and documentation of the vehicle; damage, loss and/or theft of objects, goods, luggage and commodities stored in the vehicle, by the lessee, as well as by any occupant of the same.
3.3. During the rental period, the lessee, or authorized driver, will be responsible for the penalties for any infraction or breach of traffic rules according to the applicable current legislation. The lessor, if applicable, will charge a management fee for each fine, according to the rate indicated in the corresponding section of the rental agreement.
3.4. The fuel consumed during the rental will be at the expense of the lessee, who agrees to refuel the vehicle with the right type of fuel. In the case of using inappropriate fuel, the lessee will assume all expenses to repair any damage incurred.
3.5. The lessee must return the vehicle with the same level of fuel that it had on its delivery. If the vehicle is returned with lower levels of fuel, the amount of fuel that is missing will be invoiced according to the market price.
In compliance with current regulations regarding the Protection of Personal Data, the personal data of the lessee will be processed by ROKEST AUTOS, S.L. in order to ensure the correct management of the services and / or products requested, and the administrative tasks derived from it. The personal data provided will be kept as long as the contractual relationship established between the parties is maintained and its deletion is not requested by the lessee, or during the period established by the applicable regulations in the matter. The legitimacy for data processing is based on the contractual relationship established between the parties. The recipients of the data will be Tax Administration, DGT, Administration competent in the matter, organizations or people directly related to ROKEST AUTOS, S.L. and banking entities.
The contract will be interpreted in accordance with the Spanish jurisdiction. The Courts and Tribunals of Almeria will be responsible for the litigation that may arise during the lease.