Rental terms

1. PARTIES

On the one hand, TAXI HUÉRCAL-OVERA S.L.U., with address at Avda. Felipe VI, 43, 04600 Huércal-Overa (Almería), and trade name STAR RENT A CAR, hereinafter, the Lessor.

And on the other hand, the natural or legal person whose data appears in the rental contract, hereinafter, the Lessee.

Both parties, mutually recognizing sufficient legal capacity to contract, agree to sign this Vehicle Rental Agreement, which will be governed by these general conditions and by the particular conditions reflected in the contract.

2. OBJECT OF THE CONTRACT

The Lessor leases to the Lessee the vehicle described in the contract, along with its keys, documentation, accessories and equipment, for temporary use and under the agreed conditions.

From the moment of delivery and until its effective return to the Lessor, the Lessee assumes possession, custody and responsibility of the vehicle, as well as any damages, losses, expenses, sanctions, responsibilities or non-compliance arising from its possession and use, except in cases legally attributable to the Lessor.

The Lessee declares to receive the vehicle in its apparent correct state of operation, cleanliness, maintenance and conservation, except for the observations expressly reflected in the contract or in its damage annex.

It is expressly prohibited to alter, modify or replace any technical characteristic, mechanical element, equipment, signage, accessories or interior or exterior appearance of the vehicle without prior written authorization from the Lessor. In case of non-compliance, the Lessee must assume the total cost of replacement or repair, as well as the corresponding compensation for the immobilization of the vehicle.

3. VEHICLE HANDOVER AND CONDITION

The vehicle will be delivered and received in the condition described in the contract or delivery annex.

If the Lessee notices any damage, defect or anomaly not reflected in the contract, he must notify the Lessor before removing the vehicle or before moving it from the delivery point, so that it is duly documented.

With the delivery of the vehicle, the following will be provided, if applicable:

vehicle key or keys,
mandatory documentation,
reflective vests,
triangles or V16 beacon,
spare tire or equivalent system,
corresponding tools and accessories.

The Lessee agrees to return all these items in the same condition in which they were delivered, except for normal wear and tear due to diligent use.

4. AUTHORIZED DRIVERS

Only people identified and expressly authorized in the rental contract may drive the vehicle.

Authorized drivers must:

be over 21 years of age, unless the rate or category requires a higher age,
be holders of a valid and current driving license,
prove that your driving license has been held for at least 2 years, except for specific, more restrictive conditions for certain categories.

They will be valid in Spain:

permits issued in accordance with Spanish legislation,
permits issued by Member States of the European Union,
international permits or permits issued by other countries that are legally valid in Spain.

The Lessor may deny delivery of the vehicle if the driver does not document compliance with these requirements.

All authorized drivers will be jointly and severally liable with the Lessee for the obligations arising from the contract.

5. USE OF THE VEHICLE

The Lessee undertakes to use the vehicle with the utmost diligence, in accordance with current legislation, traffic regulations, the manufacturer’s specifications and the Lessor’s instructions.

Likewise, you are obliged to:

keep the vehicle closed and properly secured when not in use,
diligently guard the documentation, keys and accessories,
monitor the vehicle levels and warning lights,
stop the vehicle immediately when a malfunction warning light comes on or abnormal operation is detected,
immediately contact the Lessor or authorized assistance.

It will be the Renter’s responsibility to delete, before return, any personal data that has been entered into the vehicle systems, such as addresses, linked telephone numbers, navigation histories or other personal use data.

6. PROHIBITED USES

It is expressly prohibited:

driving under the influence of alcohol, drugs, narcotics, medications incompatible with driving or manifest fatigue,
allow unauthorized people to drive,
sublease, assign, sell, pawn or dispose of the vehicle without authorization,
push or tow other vehicles or objects,
participate in competitions, races, training, endurance tests or reckless driving,
transport dangerous, illegal or illegal goods,
use the vehicle to commit crimes or illegal activities,
drive on roads, tracks, flooded areas, unsuitable terrain or places that may compromise the integrity of the vehicle, unless expressly authorized,
exceed the maximum number of occupants or the authorized load,
manipulate the odometer, GPS, seals, keys, control units or electronic systems,
install accessories or elements on the roof, body or interior without authorization,
use the vehicle outside the geographical area authorized in the contract.

Failure to comply with any of these prohibitions will entitle the Lessor to terminate the contract, recover the vehicle and claim all corresponding damages, expenses, sanctions, losses and lost profits.

7. TERRITORIAL SCOPE AND TRAVEL ABROAD

Unless expressly agreed, the vehicle may only circulate within the territorial scope authorized in the contract.

Circulation outside Spain or outside the expressly authorized territory will require prior written authorization from the Lessor, as well as, where applicable, payment of the corresponding supplement.

Going abroad without authorization will mean a serious breach of the contract, and the limitations of liability or optional coverage contracted may become void.

8. DURATION OF THE RENTAL, EXTENSION AND RETURN

The duration of the rental will be as established in the contract.

The Lessee must return the vehicle on the agreed date, time and place. The rental will only be deemed completed when the vehicle, its keys and accessories have been effectively delivered and received by the Lessor.

The rental will be invoiced for periods of 24 hours from the agreed start time.

A 60-minute courtesy period is established. After this period, an additional day’s rental may be invoiced according to the current rate.

If the Lessee wishes to extend the duration of the rental, they must request it before the expiration of the contract and obtain express authorization from the Lessor. The extension will not be understood to be granted for the mere maintenance of possession of the vehicle or for the existence of a deposit deposited.

Returns to a location other than the one initially agreed upon may generate additional charges.

The early return of the vehicle will not entitle the refund of amounts already paid, unless expressly agreed in writing.

9. RETURN OUT OF HOURS OR WITHOUT PRESENCE OF THE CUSTOMER

When the return is made after hours, by deposit of keys, without the presence of the Lessee or in conditions that prevent a complete and immediate inspection, the Lessor may carry out a subsequent inspection of the vehicle.

Damage, shortages, incidents, pending fuel, extraordinary dirt or any other anomaly detected in said subsequent review may be communicated to the Lessee and claimed, provided that the Lessor has sufficient documentary support, including photographs, expert opinion, budget or internal reception report.

10. RESERVATIONS, AVAILABILITY AND VEHICLE CATEGORY

Reservations are made by vehicle category, not by brand, model, color, engine or specific equipment.

The Lessor may deliver a vehicle of equivalent or higher category if, for operational reasons, availability, breakdown, force majeure or fleet incidents, it cannot deliver the one initially planned.

The Lessor reserves the right not to deliver the vehicle or to cancel the reservation if there are reasonable doubts about the identity, solvency, ability to pay, fitness to drive, physical condition of the driver, validity of the documentation or history of non-payments or serious incidents with the Lessor.

11. PRICE, PAYMENT METHOD AND DUE DATE

The rental price will be that reflected in the contract, in accordance with the current rate and the services actually contracted.

The price includes only the concepts expressly indicated in the contract. Does not include extras, optional coverage, fuel, excess mileage, special deliveries, penalties, damages, sanctions or additional charges, unless expressly agreed.

The accepted payment methods will be:

web reservations: credit or debit card,
office contracting: card and, where applicable, cash within legal limits,
deposits: credit or debit card.

No rent not previously paid may be started.

For rentals longer than 30 days, the amounts will be due at the beginning of each agreed period.

In the event of non-payment, the Lessor may terminate the contract early and claim judicially or extrajudicially the amounts owed, interest, expenses and recovery costs.

The Lessee authorizes the Lessor to charge the means of payment provided with all the amounts derived from the contract, including rent, extras, fuel, damages, sanctions, procedures, extensions, penalties and other charges provided for in these conditions.

12. SECURITY DEPOSIT OR GUARANTEE

To guarantee compliance with the obligations assumed, the Lessee must constitute a bond or security deposit when formalizing the contract.

The surety will be liable for:

damages and defects,
pending fuel,
excess mileage,
delays,
accessories or documentation not returned,
extraordinary cleaning,
fines, tolls and administrative expenses,
non-payments and any other obligation derived from the contract.

The deposit will be returned or unlocked once the correct condition of the vehicle has been verified and the absence of outstanding amounts has been verified, without prejudice to the period that the financial institution may apply to reflect said operation.

The deposit may not be automatically applied to an extension of the rental, unless expressly authorized by the Landlord.

13. BOOKING CANCELLATIONS AND NO SHOWS

The client may cancel the reservation under the following conditions:

More than 7 business days before the start of the rental: free of charge.
Between 7 business days and 48 hours before the start of the rental: penalty of 30% of the total amount of the reservation.
Less than 48 hours before the start of the rental or no-show of the client: penalty of 100% of the total amount of the reservation.

The vehicle and the reservation conditions will remain available up to 2 hours after the agreed time. After this period without collection of the vehicle, the Lessor does not guarantee the availability of the vehicle or the maintenance of the initially reserved conditions, and the reservation may be considered as not presented.

In accordance with current consumer regulations, the right of withdrawal will not be applicable as it is a vehicle rental service with a specific execution date or period.

14. RENTING OR LONG TERM RENTAL

In long-term renting or rental contracts, early return for reasons attributable to the Lessee may entail:

the loss of bonuses or discounts applied,
the regularization of the rate to the current standard price,
an economic penalty in accordance with the particular conditions of the contract,
and compensation for outstanding amounts, damages or losses caused.

Unless otherwise agreed in particular conditions, in contracts between 3 and 36 months, early termination for reasons attributable to the Tenant may give rise to a penalty equivalent to 3 monthly payments, in addition to the total or partial application of the deposit to the amounts due.

15. FUEL AND ADDITIVES

The vehicle will be delivered with the fuel level indicated in the contract, normally full.

The Lessee must return it with the same level. Otherwise, you will be billed:

the missing fuel at the price of the nearest service station,
plus a service charge of €30 for refueling management.

In vehicles that use AdBlue or other additives, the Lessee will be responsible for maintaining the appropriate level and for damage caused by incorrect use or lack of replacement when applicable.

Refueling with incorrect fuel will be the full responsibility of the Lessee, including towing, emptying, repair, correct refueling, immobilization and service charge.

16. MILEAGE ALLOWANCE

The mileage included in the rental will be that indicated in the contract or rate applied.

Excess mileage will be billed according to the current rate or the amounts established in the particular conditions.

Mileage will be measured by the vehicle’s odometer or, in the event of breakdown or tampering, by control systems, geolocation or reasonable technical calculation.

17. INSURANCE AND COVERAGE

The contract includes, unless otherwise indicated:

mandatory civil liability insurance,
complementary civil liability,
legal defense,
roadside assistance,
and, where applicable, the coverage expressly indicated in the contract.

The Lessee may contract optional coverage or limitations of liability by paying the corresponding supplement.

The applicable deductibles, limits and exclusions will depend on the category of the vehicle and the coverage contracted, and will be available for consultation in the Lessor’s office or commercial documentation.

The Lessor will not be responsible for non-compliance with services assumed directly by third-party insurers or assistance companies, without prejudice to the rights that correspond to the Lessee against said third parties.

18. NON-COVERED EVENTS OR LOSS OF LIMITATION OF LIABILITY

The Lessee will be liable for the total amount of damages, losses and expenses caused when any of the following cases occur:

driving by unauthorized person,
driving under alcohol, drugs, incompatible medications or fatigue,
gross negligence or driving contrary to traffic rules,
fraud, bad faith or illicit use of the vehicle,
failure to comply with the conditions of use of the vehicle,
overload, excess of passengers or improper use,
circulate on unsuitable roads or terrain,
knocks on upper or lower parts of the vehicle,
damage to roof, underbody, crankcase, clutch, gearbox, axles, wheels or rims,
overturn, leaving the road or rear-end collision,
incorrect refueling,
loss or breakage of keys or controls,
theft due to gross negligence, especially if the keys are left in the ignition or the vehicle is unlocked,
interior damage, upholstery, locks or accessories,
lack of amicable party, report or communication of the incident within the deadline,
falsehood or inaccuracy in the accident declaration,
omission of the duty of collaboration with the Landlord.

19. DAMAGE TO THE VEHICLE

The Lessee must return the vehicle in the same condition in which it was received, except for normal wear and tear due to diligent use.

You will be responsible for:

exterior and interior damage,
total or partial loss,
theft,
lack of cleanliness,
deterioration due to negligent use,
attributable mechanical damage,
loss of accessories, documentation or keys.

Damage may be assessed by:

damage table,
expert opinion,
workshop budget,
technical report,
photo-expertise,
or any other objective and reasonable means.

The Lessee will have the right to receive documentary justification of the charges and, in case of disagreement, may provide contradictory expertise.

The Landlord may claim, in addition to the repair cost:

crane costs,
expert reports,
administrative costs,
photo-expertise,
legal expenses,
loss of profits due to immobilization of the vehicle,
and emerging damage.

20. ACCIDENTS, THEFT AND DUTY TO NOTIFY

In the event of an accident, theft, fire, acts of vandalism, damage by animals or natural phenomena, the Lessee must:

notify the Landlord immediately and, in any case, within the following 24 hours,
notify the police or competent authority when appropriate or advisable,
correctly complete the friendly accident declaration, if there is otherwise,
request police presence if the opponent does not sign, there are injuries, the vehicle is immobilized or there are doubts about responsibility,
send a copy of the report or complaint to the Landlord and deliver the original within a maximum period of 7 days.

The Lessee must not abandon the vehicle without taking reasonable measures for its protection.

In case of theft, you must file a police report and hand over, if you have them, the original keys to the vehicle.

Theft, accident or breakdown do not automatically imply the Lessor’s obligation to provide a replacement vehicle.

21. FINES, TOLLS AND ADMINISTRATIVE EXPENSES

The Lessee will be responsible for all fines, penalties, tolls, parking expenses, restricted access, immobilizations, seizures and other charges derived from the use of the vehicle during the rental period.

In addition, the Lessor may charge an administrative charge of €40 for managing fines or identifying the driver before competent bodies.

The Lessee expressly authorizes the charging of said amounts to the payment method provided.

22. MAINTENANCE AND REPAIRS

Normal mechanical wear and tear of the vehicle will be the responsibility of the Lessor.

Any repair, extraordinary maintenance or intervention on the vehicle during the rental must be previously authorized by the Lessor. Otherwise, the Landlord may refuse to reimburse any expenses.

If a repair is authorized, the Lessee must provide an invoice in the name of the Lessor.

23. ADDITIONAL CHARGES

The following concepts may be passed on to the Lessee, in addition to the rental price:

missing fuel and refueling service,
incorrect refueling,
fines and their management,
duplicate, replacement or sending of keys,
stoppage of the vehicle due to lost or broken keys,
loss or deterioration of accessories and tires,
loss of documentation,
extraordinary cleaning,
damage due to tobacco, odors, stains or improper transportation,
replacement of damaged signage or vinyl,
expenses for removal, recovery or seizure of the vehicle,
expenses for immobilization and loss of profits.

All amounts will be subject to tax in accordance with applicable law.

24. CLEANING, TOBACCO, PETS AND PERSONAL ITEMS

The vehicle must be returned in a reasonable state of cleanliness.

If the vehicle requires extraordinary cleaning, disinfection, elimination of odors, cleaning due to organic remains, tobacco, animal hair, excessive sand, intense stains or similar, the corresponding charges will be applied.

Unless expressly authorized, smoking is prohibited inside the vehicle.

The Lessor will not be responsible for objects, money, documentation or personal effects left, forgotten or transported in the vehicle.

25. GPS AND GEOLOCATION SYSTEMS

The vehicle may incorporate geolocation, telemetry or remote control systems.

The Lessee knows and accepts its existence and operation for the purposes of:

vehicle safety and security,
location in case of theft, misappropriation or unauthorized use,
fleet management,
contractual verification,
and fraud prevention.

Any manipulation, deactivation or alteration of these systems is prohibited. Its manipulation may be cause for immediate termination of the contract and will give rise to the corresponding claim for damages.

26. DEFAULT AND NON-PAYMENT

The Lessee will automatically be in default on the day following the expiration of any payment obligation without the need for prior notice.

In case of default, the Lessor may claim:

the principal owed,
legal interest increased by three points,
claim costs,
extrajudicial or judicial costs,
and any amounts derived from non-compliance.

The Lessee’s data may be communicated to common credit information systems, in accordance with current legislation, in the event of certain, overdue and enforceable non-payment.

27. EARLY TERMINATION FOR BREACH OF CONTRACT

The Lessor may terminate the contract early and demand the immediate return of the vehicle in the event of non-compliance by the Lessee with any of the essential obligations of the contract, and especially in the case of:

non-payment,
prohibited use,
documentary falsification,
unauthorized driving,
unauthorized departure from the territory,
manipulation of GPS or odometer,
refusal to return the vehicle,
or serious risk to the vehicle or third parties.

The termination of the contract will not limit the right of the Lessor to claim all damages, losses, expenses and outstanding amounts.

28. CUSTOMER SERVICE AND COMPLAINTS

The Lessee may direct queries, incidents or complaints to:

STAR RENT A CARAvda. Felipe VI, 4304600 Huércal-Overa (Almería) Email:rentacarho@gmail.comPhone numbers: 607 626 905 / 670 430 430

The Landlord has complaint forms available to the client in accordance with current regulations.

29. PROTECTION OF PERSONAL DATA

The personal data provided by the Renter will be processed by TAXI HUÉRCAL-OVERA S.L.U., as the data controller, for the purpose of managing the reservation, formalizing and executing the rental contract, addressing incidents, managing collections, deposits, damages, fines, claims, legal obligations and, where appropriate, sending commercial communications if the client expressly authorizes it.

The legal basis of the treatment will be:

the execution of the contract,
compliance with legal obligations,
the legitimate interest of the person responsible in the defense of his rights,
and the consent of the interested party for commercial communications.

The data may be kept for the required legal periods and may be communicated to insurers, assistance companies, workshops, financial entities, technology providers, public organizations and authorities when it is necessary or there is a legal obligation.

The client may exercise their rights of access, rectification, deletion, opposition, limitation of processing and portability by contacting the Lessor at the postal address or email address indicated, attaching a copy of the identification document.

Likewise, you may file a claim with the Spanish Data Protection Agency.

Commercial communications by email, SMS or WhatsApp will require express consent from the client, which must be obtained separately.

30. APPLICABLE LAW AND JURISDICTION

This contract is governed by Spanish legislation.

For any contentious issues that may arise from its interpretation, compliance or execution, the corresponding Courts and Tribunals will be competent in accordance with the applicable regulations.

The Lessor expressly expresses its willingness not to submit to the Transportation Arbitration Boards, in cases where such possibility is legally appropriate.