TERMS AND CONDITIONS
VEHICLE RENTAL CONDITIONS
– On arrival at Malaga Airport, you must submit a receipt for reservation, your driving licence and a passport and ensure that no document has expired.
– Our Customer must present a valid credit card (VISA or MasterCard) as payment. It should be made payable to the person listed as principal driver.
– The normal minimum driver age is 20 years old and there is a maximum age of 80. Drivers must have had a driving license for at least 1 year. Drivers under 25 years or drivers holding a license that is between 1 and 3 years old must pay an additional insurance fee insurance of 4 euros per day (minimum 20 euros and 80 euros maximum per contract).
RENTAL RATES INCLUDE
– Service delivery at the airport 24 hours a day.
– Unlimited mileage.
– VAT, local taxes and fees.
– Mandatory liability insurance.
NOT INCLUDED IN THE PRICE OF RENT
– Vehicle Delivery After Hours: Delivery Hours 09:00-21: 00hrs. (Delivery between 21:00 to 23:00 hours costs an extra 20 €, 23:00 to 2:00 am: € 30, 2:00 to 8:00 am: € 35).
– Third Additional driver: 4 euros per day, up to 3 additional drivers per contract (minimum 12 euros and 60 euros maximum per contract).
– Baby seats and lifters: 2 euros per day for every chair (minimum 12 euros and 50 euros maximum). Installing them is always the responsibility of the customer.
– GPS: 4 euros per day (minimum 12 euros and 50 euros maximum per contract).
– Insurance for Gibraltar or Portugal: MalagaCity Car vehicles may be driven only in the Iberian Peninsula, except Gibraltar and Portugal, and must be returned to our offices in Marbella or Malaga airport. If you want to travel to Gibraltar or Portugal you must inform us and an additional insurance charge of EUR 6 will be charged per day of rental (minimum 30 euros and 90 euros maximum per contract).
– Partial or Total Insurance Loss: LIABILITY insurance does not cover damage to tires, rims, hubcaps, vehicle interior, interior and exterior mirrors, glass, locks, underside of the vehicle, clutch, engine crankcase, and radiator catalyst. Nor does it include the cost per battery charge of key loss, towing crane costs after an accident and the refueling the vehicle with the incorrect fuel. To partially cover these risks there is additional insurance that may be added at the time of pickup.
DEPOSIT INSURANCE ACCORDING TO THE TYPE SELECTED
– Premium Insurance: a bond shall be deposited. The amount varies with each group.
– Hiring Insurance Premium will not have to leave any deposit.
– Management of fines: Should any penalty be incurred during the period of rental, the customer agrees to pay parking and traffic fines incurred plus a charge of 30 euros to MalagaCity Car for managing it.
INFORMATION FOR THE RECORD
– Renting a car is not necessarily linked to a particular vehicle but to a group of similar vehicles, as far as technical and habitability characteristics are concerned, by size or capacity.
– You are responsible for damage caused to the vehicle that is not covered by compulsory insurance included in the contract or the insurance coverage offered MalagaCity Car expansion, having to carry the customer not only the payment of vehicle repair costs, but also any other expenses and costs arising from such damage as transport costs and/or towed vehicle stoppage and/or profits to a maximum amount of vehicle value depending on market.
– MalagaCity Car may opt for the automatic termination of the contract unilaterally in cases of misuse of the vehicle with compensation for damages. In this case, MalagaCity Car will return the moneys paid in advance for the period between early termination of the contract until the day that the contract should have ended.
GENERAL CONDITIONS OF RENTAL
Under this contract, Golf Car Hire Service, sl (Hereinafter MalagaCity Car) with CIF B-93066512 and registered office at C / Nicolas Gogol, 16 Malaga, rent the vehicle described on the front of the Contract to the person identified as the driver and payer (hereinafter Client), in the terms and conditions specified below (hereinafter the Agreement). By placing his signature on the front of the Agreement, you acknowledge you have read and agree to all terms and conditions stated and agree to comply with them.
OBJECT OF THE CONTRACT
The client acknowledges that he receives the vehicle as described in the Contract, clean and in the maintenance and operating conditions. Damages, fuel tank and ancillary equipment is to be considered fit for use unless otherwise stated.
The Customer agrees to preserve and maintain the vehicle, drive it and use it to meet the standards of the Highway Code as well as those provided in this Agreement.
DURATION OF THE CONTRACT
The duration of the rental will be as it appears on the face of the agreement, specifying the date and time of delivery and return of the vehicle.
Rental day is a period of 24 hours from the time of commencement of the rental, counting upon the return a grace period of 120 minutes.
The maximum rental period will be 89 days.
If the Client decides to terminate the tenancy before the date specified in the Contract he shall not be entitled to a refund of the amount for the days he did not use the car.
The Client undertakes to keep the vehicle in good condition and, without prejudice to the obligations that may appear in other clauses of this Agreement, to:
– Use and drive the vehicle diligently, respecting the Traffic Act, Motor Vehicle Traffic and Road Safety and other provisions that are applicable. Any damage caused to the vehicle caused by negligence for not following road signs shall not be covered by the insurance.
– Without limiting the generality of the provisions of the preceding paragraph, driving under the influence of alcohol, narcotics, psychotropics, stimulants or similar substances or states of decreased driving ability, such as fatigue or illness, or allowing another to drive the vehicle who is in such circumstances is not permitted.
– Do not use the vehicle for illegal purposes.
– Avoid any other person who is not the client or an additional driver to drive the vehicle.
– Do not carry more passengers than that specified by the vehicle manufacturer or permitted by law, or to transport animals.
– Do not use the vehicle to move, push or tow other vehicles, trailers or objects.
– No travel on poor roads or other places which can cause damage to the vehicle.
– Do not use the vehicle to participate in competitions, contests, training or for the testing of the strength of materials, equipment or automotive products.
– Never use gasoline in the vehicle which is different to that indicated by the manufacturer for each vehicle type.
– Park the vehicle properly and keep it locked when not in use.
– Do not use the vehicle for loading and transporting goods of any kind, and do not mount an unauthorized roof rack on the roof of the vehicle.
– Do not, in any way, manipulate the odometer of the vehicle.
– Do not use the vehicle for the public transportation of passengers, or to provide driving lessons, or for the carrying or delivery of goods, or use it for commercial or industrial activities, or any activity that involves subleasing the vehicle.
– Do not take the vehicle off of the Iberian Peninsula (excluding Gibraltar and Portugal) unless you have obtained prior written permission of MalagaCity Car.
RETURN OF THE VEHICLE
The return of the vehicle must occur at the branch, date and time stipulated in the agreement. The vehicle will be returned by the client in the same condition as it was delivered, along with all documents, auxiliary equipment, tires, tools and accessories.
The client may not alter any technical characteristic of the vehicle, keys, equipment, tools and / or accessories thereof or make any changes to the appearance and / or the interior of the car. In doing so, the Customer shall bear all expenses necessary to return the car to its original state, without prejudice to the damages caused to overhaul derivatives MalagaCity Car by the time the vehicle had to be immobilized, and any caused to other MalagaCity Car. MalagaCity Car reserves the right to terminate this contract at any time during its term if the use of vehicle contravenes the provisions of Clause 9.
FAILURE TO RETURN THE VEHICLE
In the event that you return the car on a date and time other than that stated in the Contract, MalagaCity Car will charge you the price stipulated per day plus an 100% increased cost adjusted to the actual market price (no price promotions or bearish market) and by cost / day of maintenance / investment vehicle, with a minimum of 35 euros per day penalty-increment.
If the client returns or leaves the vehicle in a different place than stated in the Contract, MalagaCity Car may:
– Increase the stated price by 100% which is adjusted to the actual market price (without promotions or bearish market prices) and by cost / day of maintenance / investment vehicle, with a minimum of 35 euros per day penalty-increment based on the extra days needed to recover the car and making it available to be rented again
– The costs for transportation, cranes, tolls, custody
MalagaCity Car reserves the right to bring legal action before the relevant authorities in any case of loss or failure to return the vehicle. The Client assumes all responsibility for the consequences.
EXTENSION OF CONTRACT
The client is obliged to return the car on the date and time specified in the Contract. If vhe client wants to extend the rental, he must do so in person at any of the MalagaCity Car offices to sign the extension. There will be no contract extension by phone, email or text message. If the Contract cannot be extended due to lack of availability of vehicles or any other cause, the Customer must return the car on the date and time agreed.
When applying for an extension, MalagaCity Car may require the client to sign a new contract, thus extinguishing the existing contract.
In any case, the amount deposited as security may be used for an extension. The unilateral extension by the Customer shall be considered as unauthorized use of vehicle for the purposes of the Customer’s responsibility to submit any damage the vehicle, also having the same status as the vehicle is not returned within the agreed timeframe.
The Client expressly agrees to pay MalagaCity Car at the beginning of the rental period:
– The rental charge for the time of disposition of the vehicle, according to current rates. The rates may vary depending on the season so it is the client’s responsibility to check the tariff before hiring the vehicle.
– Taxes of any kind levied on the rental of vehicles.
– The amount of fuel according to the Fuel Policy detailed in paragraph 7 of this Agreement.
– The amounts associated with the employment of Insurance in addition to those referred to in paragraph 8.
– Any kind of application to the Client, according to the commercial and contractual conditions offered by MalagaCity Car.
The Client agrees and authorizes MalagaCity Car to undertake after the completion of the rental period, and within a month, through electronic payment systems or any other payment system, charges for various items. Client gives consent to the execution of such charges from now, as follows:
– An amount of 150 euros at the discretion of the cleaning staff of MalagaCity Car when returning the vehicle if intensive cleaning is needed.
– All fines, extrajudicial and court costs, arising from improper parking, traffic offences and road rules or fines of any other kind against the vehicle, the client or MalagaCity Car during the time of the hire, except if they were attributable to MalagaCity Car, are payable by the client.
– Notwithstanding the above, MalagaCity Car will charge you a fixed sum of 30 euros for the expenses incurred in the management and processing of each fine received.
– The costs of the loss, deterioration or damage to the windscreen, mirrors, keys, wheels, tires, underside of the car, clutch, tools, accessories, car interior and fuel error will also be payable by the client
– The sum or difference of the value of any spare wheel, tires, tools, accessories, documents, keys and radio equipment at the end of the rental period that is missing or has been replaced by another, unless it is specifically stated that such failures or substitutions are covered by the insurance, the customer is responsible for them.
– The cost of a transfer by tow truck, if necessary, is payable by the client.
– The costs of repairing damage to the vehicle in an accident when:
*The vehicle is not used according to the conditions set
* The accident report was not completed and forwarded to MalagaCity Car on time or did not fit the reality of the events occurring.
* There was no extra insurance covering the cost (see section 8).
– MalagaCity Car may charge the client damages for the breakdown of the vehicle as a result of any damage caused by them. In this case, the Client shall pay the stipulated price per day plus an additional increased cost of 100% of the cost per day adjusted to the actual market price (without promotions or bearish market prices) and by cost / day of maintenance / investment vehicle, with a minimum of 35 euros for a penalty-day increment. The client’s maximum liability shall be the market value of the vehicle at the time of the accident.
At the time of delivery of the vehicle the customer must present a valid credit card as the sole form of payment. The card should belong to the person named as principal driver on the rental agreement. For special high-end vehicles two credit cards will be requested as a guarantee for the rental.
The customer must return the car with the same amount of fuel that was in the vehicle at the beginning of the rental period.
You and any other authorized driver are insured in the Car Insurance Policy, a copy of which is available in the MalagaCity Car offices. This policy includes liability for damages to third parties arising from the use of the vehicle. Damages covered also include collisions, theft, fire, accident and vandalism under the following conditions:
– The Client reports the incident to MalagaCity Car no later than twenty-four hours after it happens, providing the necessary documentation such as an accident report which is completed and signed by both parties and includes details of possible witnesses, authority reports, etc..
– The insurer does not reject the claim on the grounds that the driver did not meet the physical and mental conditions required by the Highway Code.
– The incident occurred during the course of a misuse of the vehicle (see item 9). Damage insurance in any case does not include damage to tires, rims, hubcaps, punctures, blowouts, interior of the vehicle, interior and exterior mirrors, windows, locks, the underside of the vehicle, clutch, engine crankcase, and radiator catalyst. Nor does it include the cost per battery charge for key loss, towing truck costs to transport the vehicle after the accident, fuel errors, or costs corresponding to the days that the vehicle cannot be used during repair. To cover all or part of these risks, additional insurance is available, which is only valid if the client is in compliance with the conditions stated above.
The client agrees to inform MalagaCity Car immediately if any loss or damage occurs to the rented vehicle, immediately transfer any letters or notices relating to this incident and to fully cooperate with MalagaCity Car and the insurance company in the research and defence of any claim made. Notification by the client to MalagaCity Car is compulsory within 24-hours of the event. In the event of an accident, the Client shall take the following measures:
– obtain full details of persons who have been involved in the accident, as well as potential witnesses, sketches of the accident and vehicle data (licence plates, model, insurer, policy number whenever possible, etc).
– Inform MalagaCity Car as soon as possible of the data referred to in the preceding paragraph and any other details of the accident
– Immediately notify the authorities if the other party should be investigated or if you have been injured
– Do not leave the vehicle without taking suitable measures to protect and safeguard it. In case of fire, vandalism, theft or the disappearance of the vehicle, the client agrees to notify MalagaCity Car immediately and present a complaint to the relevant authorities.
MISUSE OF THE VEHICLE
The client will be required to maintain the vehicle in peak condition and use it diligently, in compliance with the laws and regulations and at all times avoiding any situation that could damage the vehicle or any third parties. The client will not allow the vehicle to be driven by any person except a person authorized in the contract. Otherwise the client will be directly responsible for any damage to the vehicle or third parties in this situation. Any case that breaches the provisions of this Agreement shall be construed as an abuse of the agreement in which case the Client is responsible for all damages caused to the vehicle and is obliged to pay all expenses incurred in accordance with the provisions of section 5 of the Contract. In the event of a claim through the courts the client will incur all of the costs of the proceedings including lawyers, attorneys and legal costs but his speech and presence in court is not procedurally required. Misuse of the vehicle includes, and is not limited to, the following cases cited by way of example:
– Driving the vehicle under the influence of alcohol, narcotics, psychotropics, stimulants or similar substances or in states of decreased driving ability, such as fatigue or illness, or permitting the driving of the vehicle by a person who is in such circumstances.
– Reckless driving and / or driving contrary to traffic regulations.
– Using the vehicle for illegal purposes.
– Allowing driving of the vehicle by any person other than the client or the additional drivers that are specified in the Contract.
– Use of the vehicle upon completion of the rental period.
– Carrying more passengers than that specified by the vehicle manufacturer or permitted by law, or using the vehicle to transport animals.
– Using the vehicle to move, push or tow other vehicles, trailers or objects.
– Driving on very poor roads or other places that can damage to the vehicle.
– Driving in places unfit for driving, such as beaches, forest tracks, dirt roads, paths, etc..
– Using the vehicle to participate in competitions, contests, training or the testing of the strength of materials, equipment or automotive products.
– Use in vehicle fuel or fuel quality or characteristics different from those applied in accordance with that indicated by the manufacturer for each vehicle type.
– Parking the vehicle improperly or leaving it unlocked when not in use.
– Leaving objects in view inside the vehicle which are capable of being stolen and causing consequent damage to the vehicle.
– Treating the car in such a way that it cannot be considered reasonable or careful.
– Using the vehicle for the loading and transporting of goods of any kind or mounting a roof rack.
– Tampering with the odometer of the vehicle.
– Removing the vehicle from the Iberian Peninsula unless written permission has been obtained first from MalagaCity Car and the client has paid the relevant travel insurance.
– Using the vehicle for public transport, to provide driving lessons or for the carrying or delivery of goods, or to dedicate it to commercial or industrial activities, or any activity that involves subleasing the vehicle.
The client must be in possession of a valid driving license which is approved in Spain. The client must have held the licence for a minimum of four years. The customer is directly responsible for proving the validity of the licence.
All Customers and / or authorized drivers shall be jointly and severally liable for all obligations that arise from the Customer Agreement and the laws applicable to it.
If any additional insurance is required the client should make a security deposit of 800 euros that will be charged to your credit card. MalagaCity Car reserves the right to keep the bond that has been deposited to cover the costs of damages caused to the vehicle until the costs are settled. In all other cases, MalagaCity Car undertakes an order to return the deposit to the bank concerned within five days following delivery of the vehicle.
APPROVED AND BOOSTER SEATS FOR CHILDREN
The client must notify MalagaCity Car if they need to use a booster seat for children under three years’ old or older children who do not exceed the height of 150 centimeters, after paying the appropriate rental fee. The client is in any case responsible for the installation of the device. In any case MalagaCity Car is free from any possible liability for injury or damage arising as a result of a breach by the client in using the restraint, or installing it, or as a result of any misuse by the client and any possible manufacturing defects of such a device.
RIGHT TO CANCEL
MalagaCity Car reserves the right to terminate the contract early, with immediate effect and without compensation to the customer in the following cases:
– Upon the receipt of information that calls into serious question the financial solvency of the client.
– MalagaCity Car proves that the client is in breach of the Contract.
– The client has misused the vehicle.
MalagaCity Car is not responsible for stolen, forgotten or lost goods inside the vehicle.
Special conditions of the rental are attached to this agreement and must be accepted and signed by the client.
This contract shall be governed by and construed in accordance with Spanish law. MalagaCity Car declares its intention to resolve any differences amicably. If this is not possible, any differences arising between MalagaCity Car and the client shall be subject to the jurisdiction of the country where the rental has been initiated. The client may submit any complaint or claim to the following address: C / Nicolas Gogol, 16 Malaga, CP 29004, Málaga.
The translation of these general conditions are for convenience only and have no legally binding effect on all of the details of the agreement. The agreement is valid only in its Spanish version.
In accordance with the provisions of Law 15/1999 of December 13, with regards to the Protection of Personal Data, we incorporate clients’ personal data into a file owned by New Cars Costa del Sol (MalagaCity Car) with the order to facilitate the provision of the rental service and / or the sale of vehicle. Likewise, we inform you that MalagaCity Car has guaranteed the technical and organizational security of personal data and avoids its alteration, unauthorized access or treatment, given the state of technology, the nature of the data stored and the risks, all in accordance with the provisions of Royal Decree 1720/2007 of 21 December, which approves the regulation implementing the Organic Law on Data Protection. If you do not wish to receive commercial communications from our company, or at any time exercise your right of access, rectification, cancellation and opposition of your data you can do so by notifying MalagaCity Car, in writing to C / Nicolas Gogol, 16 Malaga , CP 29004, Málaga.