Terms and Conditions of Rental
STAR RENT A CAR
On the one hand, TAXI HUÉRCAL-OVERA S.L.U., with registered address at Avda. Felipe VI, 43, 04600 Huércal-Overa (Almería), Spain, and trade name STAR RENT A CAR, hereinafter referred to as the Lessor.
And on the other hand, the natural or legal person whose details appear in the rental agreement, hereinafter referred to as the Lessee.
Both parties, acknowledging that they have the legal capacity to enter into this agreement, agree to execute this Vehicle Rental Agreement, which shall be governed by these general terms and conditions and by the specific terms set out in the rental agreement.
The Lessor rents to the Lessee the vehicle described in the agreement, together with its keys, documentation, accessories and equipment, for temporary use and under the agreed conditions.
From the moment of delivery until its effective return to the Lessor, the Lessee assumes possession, custody and responsibility for the vehicle, as well as for any damages, losses, expenses, penalties, liabilities or breaches arising from its possession and use, except in cases legally attributable to the Lessor.
The Lessee declares that the vehicle is received in apparent good working order, cleanliness, maintenance and condition, except for any observations expressly recorded in the agreement or in the damage report annex.
It is expressly forbidden to alter, modify or replace any technical feature, mechanical component, equipment, signage, accessories or the interior or exterior appearance of the vehicle without the Lessor’s prior written consent. In the event of breach, the Lessee shall bear the full cost of replacement or repair, as well as the corresponding compensation for vehicle immobilisation.
The vehicle shall be delivered and received in the condition described in the agreement or delivery annex.
If the Lessee notices any damage, defect or irregularity not stated in the agreement, it must be reported to the Lessor before taking the vehicle or before moving it from the delivery point, so that it may be properly documented.
Upon delivery of the vehicle, the following shall be provided, where applicable:
vehicle key or keys,
mandatory documentation,
reflective vests,
warning triangles or V16 emergency beacon,
spare wheel or equivalent system,
corresponding tools and accessories.
The Lessee undertakes to return all these items in the same condition in which they were delivered, except for normal wear and tear resulting from diligent use.
Only the persons identified and expressly authorised in the rental agreement may drive the vehicle.
Authorised drivers must:
be over 21 years of age, unless the rate or category requires a higher minimum age,
hold a valid and current driving licence,
prove a minimum of 2 years’ seniority on their driving licence, unless stricter particular conditions apply for certain categories.
The following licences shall be valid in Spain:
licences issued under Spanish law,
licences issued by Member States of the European Union,
international licences or licences issued by other countries that are legally valid in Spain.
The Lessor may refuse to hand over the vehicle if the driver does not provide documentary proof of compliance with these requirements.
All authorised drivers shall be jointly and severally liable with the Lessee for the obligations arising from the agreement.
The Lessee undertakes to use the vehicle with the utmost diligence, in accordance with applicable law, traffic regulations, the manufacturer’s specifications and the Lessor’s instructions.
The Lessee also undertakes to:
keep the vehicle locked and properly secured when not in use,
safeguard the documentation, keys and accessories with due care,
monitor the vehicle’s fluid levels and warning lights,
stop the vehicle immediately if a warning light appears or abnormal operation is detected,
contact the Lessor or the authorised roadside assistance service immediately.
Before returning the vehicle, the Lessee shall be responsible for deleting any personal data entered into the vehicle’s systems, such as addresses, linked telephone numbers, navigation history or any other personal usage data.
It is expressly forbidden to:
drive under the influence of alcohol, drugs, narcotic substances, medication incompatible with driving, or obvious fatigue,
allow the vehicle to be driven by unauthorised persons,
sublet, assign, sell, pledge or otherwise dispose of the vehicle without authorisation,
push or tow other vehicles or objects,
participate in competitions, races, training sessions, endurance tests or reckless driving,
transport dangerous, illegal or unlawful goods,
use the vehicle for the commission of crimes or unlawful activities,
drive on roads, tracks, flooded areas, unsuitable terrain or places that may compromise the integrity of the vehicle, unless expressly authorised,
exceed the maximum number of occupants or the authorised load,
tamper with the odometer, GPS, seals, keys, control units or electronic systems,
install accessories or elements on the roof, bodywork or interior without authorisation,
use the vehicle outside the geographical area authorised in the agreement.
Any breach of these prohibitions shall entitle the Lessor to terminate the agreement, recover the vehicle and claim all corresponding damages, expenses, penalties, losses and loss of profit.
Unless expressly agreed otherwise, the vehicle may only be driven within the territorial scope authorised in the agreement.
Driving outside Spain or outside the territory expressly authorised shall require the Lessor’s prior written authorisation and, where applicable, payment of the corresponding supplement.
Taking the vehicle abroad without authorisation shall constitute a serious breach of the agreement and may invalidate any limitation of liability or optional cover purchased.
The rental period shall be that established in the agreement.
The Lessee must return the vehicle on the agreed date, time and place. The rental shall only be deemed concluded when the vehicle, its keys and accessories have been effectively delivered and received by the Lessor.
The rental shall be charged in 24-hour periods from the agreed start time.
A grace period of 60 minutes is established. Once this period has been exceeded, an additional rental day may be charged in accordance with the current rate.
If the Lessee wishes to extend the rental period, such request must be made before the expiry of the agreement and expressly authorised by the Lessor. No extension shall be deemed granted merely because the Lessee remains in possession of the vehicle or because a deposit has been paid.
Returning the vehicle to a place other than that initially agreed may generate additional charges.
Early return of the vehicle shall not entitle the Lessee to a refund of amounts already paid, unless expressly agreed in writing.
When the vehicle is returned out of office hours, by depositing the keys, without the presence of the Lessee or under conditions preventing a complete and immediate inspection, the Lessor may carry out a subsequent inspection of the vehicle.
Any damage, missing items, incidents, outstanding fuel, extraordinary dirtiness or any other anomaly detected during such subsequent inspection may be notified to the Lessee and claimed, provided that the Lessor has sufficient documentary evidence, including photographs, expert reports, estimates or internal reception reports.
Bookings are made by vehicle category, not by make, model, colour, engine type or specific equipment.
The Lessor may provide a vehicle of equivalent or higher category if, for operational reasons, availability, breakdown, force majeure or fleet incidents, the originally planned vehicle cannot be delivered.
The Lessor reserves the right not to deliver the vehicle or to cancel the booking if there are reasonable doubts regarding identity, solvency, payment capacity, fitness to drive, physical condition of the driver, validity of documentation or history of non-payment or serious incidents with the Lessor.
The rental price shall be the one stated in the agreement, in accordance with the current rate and the services actually contracted.
The price includes only those items expressly stated in the agreement. It does not include extras, optional cover, fuel, excess mileage, special deliveries, penalties, damages, fines or additional charges, unless expressly agreed otherwise.
Accepted methods of payment shall be:
web bookings: credit or debit card,
office contracts: card and, where applicable, cash within legal limits,
security deposits: credit or debit card.
No rental may commence unless previously paid in full.
For rentals exceeding 30 days, amounts shall become due at the beginning of each agreed period.
In the event of non-payment, the Lessor may terminate the agreement early and claim judicially or extrajudicially the amounts owed, interest, expenses and recovery costs.
The Lessee authorises the Lessor to charge to the payment methods provided all amounts arising from the agreement, including rental, extras, fuel, damages, fines, administrative fees, extensions, penalties and any other charges provided for in these terms and conditions.
To guarantee compliance with the obligations assumed, the Lessee shall provide a security deposit at the time of signing the agreement.
The deposit shall cover:
damages and deterioration,
outstanding fuel,
excess mileage,
delays,
accessories or documentation not returned,
extraordinary cleaning,
fines, tolls and administrative expenses,
non-payment and any other obligation arising from the agreement.
The deposit shall be refunded or released once the proper condition of the vehicle has been verified and the absence of outstanding amounts has been confirmed, without prejudice to the time that the financial institution may require to reflect such operation.
The deposit may not automatically be applied to an extension of the rental unless expressly authorised by the Lessor.
The customer may cancel the booking 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 booking amount,
less than 48 hours before the start of the rental or failure to appear: penalty of 100% of the total booking amount.
The vehicle and the booking conditions shall remain available for up to 2 hours after the agreed pickup time. After this period, if the vehicle has not been collected, the Lessor does not guarantee the availability of the vehicle or the maintenance of the originally booked conditions, and the booking may be considered a no-show.
In accordance with the applicable consumer regulations, no right of withdrawal shall apply, as this is a vehicle rental service with a specified date or period of performance.
In renting or long-term rental agreements, early return for reasons attributable to the Lessee may entail:
loss of discounts or bonuses applied,
adjustment of the rate to the current standard rate,
an economic penalty in accordance with the specific terms of the agreement,
and compensation for outstanding amounts, damages or losses caused.
Unless otherwise agreed in the specific terms, in agreements lasting between 3 and 36 months, early termination for reasons attributable to the Lessee 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.
The vehicle shall be delivered with the fuel level indicated in the agreement, normally full.
The Lessee must return it with the same level. Otherwise, the following shall be charged:
the missing fuel at the price of the nearest service station,
plus a service charge of €30 for refuelling management.
For vehicles using AdBlue or other additives, the Lessee shall be responsible for maintaining the appropriate level and for any damage caused by incorrect use or failure to refill when required.
Misfuelling shall be entirely at the Lessee’s expense, including towing, draining, repair, correct refuelling, immobilisation and service charge.
The mileage included in the rental shall be that indicated in the agreement or applicable rate.
Excess mileage shall be charged in accordance with the current rate or the amounts established in the specific terms.
Mileage shall be measured by the vehicle’s odometer or, in case of breakdown or tampering, by control systems, geolocation or reasonable technical calculation.
Unless otherwise stated, the agreement includes:
compulsory motor liability insurance,
supplementary civil liability,
legal defence,
roadside assistance,
and, where applicable, the cover expressly stated in the agreement.
The Lessee may purchase optional cover or limitations of liability by paying the corresponding supplement.
The excesses, limits and exclusions applicable shall depend on the vehicle category and the cover purchased and shall be available for consultation at the Lessor’s office or in the Lessor’s commercial documentation.
The Lessor shall not be responsible for the breach of obligations directly assumed by third-party insurers or roadside assistance companies, without prejudice to the rights that may correspond to the Lessee against such third parties.
The Lessee shall be liable for the full amount of damages, losses and expenses caused whenever any of the following circumstances occur:
driving by an unauthorised person,
driving under the influence of alcohol, drugs, incompatible medication or fatigue,
gross negligence or driving contrary to traffic regulations,
wilful misconduct, bad faith or unlawful use of the vehicle,
breach of the conditions of use of the vehicle,
overload, excess passengers or improper use,
driving on unsuitable roads or terrain,
impacts to the upper or lower parts of the vehicle,
damage to roof, underbody, sump, clutch, gearbox, axles, tyres or rims,
rollover, road departure or rear-end collision,
misfuelling,
loss or breakage of keys or remote controls,
theft due to gross negligence, especially if the keys are left in the vehicle or the vehicle is left unlocked,
interior damage, upholstery, locks or accessories,
absence of amicable report, police report or communication of the accident within the required period,
falsehood or inaccuracy in the accident statement,
failure to cooperate with the Lessor.
The Lessee must return the vehicle in the same condition in which it was received, except for normal wear and tear resulting from diligent use.
The Lessee shall be liable 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 means of:
damage table,
expert appraisal,
repair estimate,
technical report,
photo appraisal,
or any other objective and reasonable means.
The Lessee shall have the right to receive documentary justification of the charges and, in the event of disagreement, may provide a counter-appraisal.
In addition to the cost of repair, the Lessor may claim:
towing costs,
expert appraisal costs,
administrative costs,
photo-appraisal costs,
legal expenses,
loss of profit due to vehicle immobilisation,
and consequential loss.
In the event of an accident, theft, fire, vandalism, damage caused by animals or natural events, the Lessee must:
notify the Lessor immediately and, in any event, within 24 hours,
notify the police or competent authority where appropriate or advisable,
correctly complete the amicable accident statement, if there is an opposing party,
request police attendance if the other party does not sign, if there are injuries, if the vehicle is immobilised or if there are doubts as to liability,
send the Lessor a copy of the report or complaint and deliver the original within a maximum period of 7 days.
The Lessee must not abandon the vehicle without taking reasonable steps to protect it.
In the event of theft, the Lessee must provide a police report and hand over, if available, the original vehicle keys.
Theft, total loss or breakdown does not automatically imply the Lessor’s obligation to provide a replacement vehicle.
The Lessee shall be responsible for all fines, penalties, tolls, parking charges, restricted access fees, immobilisation, seizure and any other charges arising from the use of the vehicle during the rental period.
In addition, the Lessor may pass on an administrative charge of €40 for the management of fines or identification of the driver before the competent authorities.
The Lessee expressly authorises the charging of such amounts to the payment method provided.
Normal mechanical wear of the vehicle shall be borne by the Lessor.
Any repair, extraordinary maintenance or intervention on the vehicle during the rental period must be previously authorised by the Lessor. Otherwise, the Lessor may refuse reimbursement of any expense.
If a repair is authorised, the Lessee must provide an invoice made out in the name of the Lessor.
In addition to the rental price, the following items may be charged to the Lessee:
missing fuel and refuelling service,
misfuelling,
fines and their management,
duplication, replacement or shipment of keys,
vehicle immobilisation due to loss or breakage of keys,
loss or deterioration of accessories and tyres,
loss of documentation,
extraordinary cleaning,
damage caused by tobacco, odours, stains or improper transport,
replacement of damaged signage or vinyls,
expenses for withdrawal, recovery or seizure of the vehicle,
immobilisation expenses and loss of profit.
All amounts shall be subject to taxes in accordance with applicable law.
The vehicle must be returned in a reasonably clean condition.
If the vehicle requires extraordinary cleaning, disinfection, odour removal, cleaning due to organic remains, tobacco, animal hair, excessive sand, severe stains or similar, the corresponding charges shall apply.
Unless expressly authorised, smoking inside the vehicle is prohibited.
The Lessor shall not be liable for objects, money, documents or personal belongings left behind, forgotten or transported in the vehicle.
The vehicle may incorporate geolocation, telemetry or remote control systems.
The Lessee acknowledges and accepts their existence and operation for the purposes of:
vehicle safety and protection,
location in the event of theft, misappropriation or unauthorised use,
fleet management,
contractual verification,
and fraud prevention.
Any tampering with, deactivation or alteration of these systems is prohibited. Such tampering may be grounds for immediate termination of the agreement and shall give rise to the corresponding claim for damages.
The Lessee shall automatically be in default from the day following the due date of any payment obligation, without the need for prior notice.
In the event of default, the Lessor may claim:
the principal amount due,
statutory interest increased by three percentage points,
recovery expenses,
extrajudicial or judicial costs,
and any amounts arising from the breach.
The Lessee’s data may be communicated to common credit information systems, in accordance with applicable law, in the event of certain, due and payable non-payment.
The Lessor may terminate the agreement early and require the immediate return of the vehicle in the event of breach by the Lessee of any essential obligation of the agreement, and especially in cases of:
non-payment,
prohibited use,
false documentation,
unauthorised driving,
unauthorised travel outside the authorised territory,
tampering with GPS or odometer,
refusal to return the vehicle,
or serious risk to the vehicle or third parties.
Termination of the agreement shall not limit the Lessor’s right to claim all damages, losses, expenses and outstanding amounts.
The Lessee may direct enquiries, incidents or claims to:
STAR RENT A CAR
Avda. Felipe VI, 43
04600 Huércal-Overa (Almería), Spain
Email: rentacarho@gmail.com
Telephone: 607 626 905 / 670 430 430
The Lessor has official complaint forms available to customers in accordance with applicable regulations.
The personal data provided by the Lessee shall be processed by TAXI HUÉRCAL-OVERA S.L.U., as data controller, for the purpose of managing the booking, formalising and performing the rental agreement, handling incidents, managing payments, deposits, damages, fines, claims, legal obligations and, where applicable, sending commercial communications if the customer expressly authorises this.
The legal basis for processing shall be:
performance of the agreement,
compliance with legal obligations,
the controller’s legitimate interest in defending its rights,
and the data subject’s consent for commercial communications.
The data may be retained for the legally required periods and may be disclosed to insurers, roadside assistance companies, workshops, financial institutions, technology providers, public bodies and authorities where necessary or legally required.
The customer may exercise the rights of access, rectification, erasure, objection, restriction of processing and data portability by contacting the Lessor at the postal address or email address indicated above, enclosing a copy of an identification document.
The customer may also lodge a complaint with the Spanish Data Protection Agency.
Commercial communications by email, SMS or WhatsApp shall require the customer’s express consent, which must be obtained separately.
This agreement shall be governed by Spanish law.
For any disputes arising from its interpretation, performance or enforcement, the Courts and Tribunals having jurisdiction under the applicable legal provisions shall be competent.
The Lessor expressly states its intention not to submit to the Transport Arbitration Boards in cases where such submission might legally be possible.