Terms and conditions of reservation
GENERAL CONDITIONS
The lessor hires to the lessee whose signature figures in the contract,
the designated vehicle in accordance with the established clauses and
conditions which the lessee accepts and undertakes to fulfil.
Article 1.- USE OF THE VEHICLE
The lessee undertakes not to allow the vehicle to be driven by other
people, except those expressly accepted, and in any case under the
exclusive and personal responsibility o the lessee the lessee also
undertakes that the vehicle will not be used:
a) To transport paying passengers, whatsoever the class of
remuneration elected and the form, either written or verbal, of the
agreement.
b) To push or tow any vehicle or trailer or any object wheeled or otherwise.
c) To compete in competitions.
d) For anyone who is physically unit whether it be from taking
alcohol, drugs, from illness, fatigue or whatsoever circumstance which
diminishes his/her normal capacity.
e) Furthermore, the vehicle may only be driven by those persons
expressly mentioned below and previously authorised by the lessor,
always providing those persons have reached 23 years of age and hold a
sufficient driving licence dated at least one year previously and are in
possession of same. Such persons are the superiors or work colleagues
of the lessor or whatsoever other person expressly accepted and named by
the lessor.
f) As his/her own, that is to say he/she may not cede, sell,
mortgage or pawn this contract, the vehicle or its tools, not treat them
in any way which is detrimental to the lessor. Any infraction of the
present conditions will authorise the lessor to oblige the lessee to
restore the vehicle immediately, without justification or compensation.
g) In the islands, the transfer of the vehicle to the Peninsula or
the other islands is forbidden, unless permission is expressly given by
the company.
Article 2.- PRICE OF HIRE, DEPOSIT AND EXTENSION
The price of hire and also the deposit will be determined by the current
rates and must be paid in advance. Holders of credit cards admitted by
Maxi Rent will not have to pay a deposit or complementary deposits for
the extension of the hire within the limits established for the credit
card produced. The deposit may not in any case serve for an extension of
he hire. Should the lessee wish to keep the vehicle for a longer time
than that initially agreed, he/she should obtain written authorisation
from Maxi Rent, to whom the corresponding amount should be remitted,
which otherwise could be the subject of a legal claim for
misappropriation of the vehicle and breach of trust.
The lessee undertakes to return the vehicle to the lessor on the date
established in the hire contract. The contract is only completed by the
return of the car to the lessor in the place agreed.
Article 3.- PAYMENTS
The lessee undertakes to pay the lessor on request latter:
a) A sum for the kilometres covered during the hire period,
calculated according to the current rate. The kilometres covered during
the hire period will be that shown on the kilometre indicator installed
in the vehicle by the manufacturer. If the kilometre indicator has not
been functioning for whatsoever cause the number of kilometres will be
calculated on the basis of 500 kilometres per day of hire.
b) A supplementary amount for services between different cities,
should this be the case, or if the vehicle is left in place different
from that established without written permission from the lessor, equal
to a compensation per kilometre of flat rate specified in the current
rates according to the kilometres which separate the city in which the
vehicle has been hired from that in which the hire has been realise.
c) The sums which correspond to the length of hire, relinquishment of
the payment of damages in case of collision, individual and accident
insurance premiums and various expenses and costs which are specified in
this contract.
d) Whatsoever duties, faxes, direct or indirect contributions which
are levied on rents, premiums, expenses and compensations envisaged in
the afore going paragraphs a, b and c.
e) Whatsoever fines, expenses, payments and taxes for whatsoever
infractions of the law relating to circulation, parking and others,
which correspond to the vehicle, the lessee or the lessor during the
validity of this contract, except however infractions attributable to
the lessor.
f) Payments made by the lessor to obtain payment from the lessee by
judicial or extrajudicial means. When the lessee incurs in default, the
payment must be made within 48 hours, and in any case the amount owed
will be increased by 20% in concept of a penalty clause.
g) Payments realized by the lessor to repair damage occasioned to the
vehicle by collision or though other causes, it being understood that
the liability of the lessee, on condition that h/she has correctly
fulfilled the clauses and conditions of this contract.
1.- will be limited to the amount indicated in the current rates.
2.-will be cancelled if he/she previously agrees to pay the amount in
case of relinquishment by Maxi Rent of the payment of said costs which
acceptance will be established by the lessee writing his/her initials in
the corresponding space on the contract.
h) The lessee may not invoke the total or partial exoneration from
his/her liability for any reason the object of which is to refuse or
suspend the payment of the amounts owed to the lessor..
Article 4.- INSURANCE
Only the driver/drivers expressly accepted by Maxi Rent will be insured parties.
1.- The lessee and al drivers of the vehicle authorised in accordance
with article 1 above, agree to participate as insured parties in an
automobile insurance policy a copy of which is at he lessee’s disposal
in the registered offices of the lessor. Said policy covers third party
risk in accordance with the legislation of the country in which the
vehicle is registered.
2.- the lessee states his/her agreement with said policy and undertakes
to abide by the clauses and conditions. Furthermore en case of accident
he/she undertakes to take every precaution to protect the lessor´s
interests and those of the lessor´s insurance company throughout the
duration of this contract, and especially he/she undertakes to:
a) Advise Maxi Rent within 48 hours of any accident, robbery or fire,
including partial, and also to inform the police authorities of all
physical damage and robbery or theft.
b) to declare in he/she statement the circumstances, place, date and
time of the accident, name and address of witnesses and of the owner of
the other vehicle, the registration number and insurance company and
policy number of same.
c) Attach any report from the police, Civil Guard or courts which ay exist.
d) Under no circumstances to discuss liability or to submit to a party with regard to he accident.
3.-In case of accident the lessee is responsible for the excess
according to the current rates in relation to the damage to the vehicle
(Excess depended of the group).
4.- The guarantee does not cover clothes and other objects carried.
5.- The insurance extends only to cover the period of hire according to
this contract. After this time, unless there has been an extension
expressly accepted, Maxi Rent decline all responsibility for accidents
or damage which the lessee might cause, for which he/she will be solely
responsible.
6.- The insurance does not cover any driver who does not possess a valid
and current driving licence.. When the driver is not in a normal
condition through consumption of alcohol, drugs, excessive speed,
dangerous driving or other causes, the lessee and the driver will be
jointly and solely liable for any damages which Maxi Rent might
experience.
7.-The lessee will be held responsible for any damage caused to the vehicle by roads which are uneven or in bad condition.
8.- Maxi Rent declines all responsibility for any accident with respect
to third parties or damage to the vehicle which the lessee may cause
during the hire period if he/she has deliberately furnished Maxi Rent
with inexact information regarding his/her person, address or validity
of driving licence, and in this case the insurance will not be valid.
Article 5.- MAINTENANCE AND REPAIRS
Normal mechanical wear of the vehicle will be assumed by Maxi Rent.
Should the vehicle become immobilised, the repairs, which should be
included in a detailed bill, may only be carried out with written
agreement and in accordance with the instructions of Maxi Rent.
Defective pieces replaced should be presented together with the bill.
The lessee may not in any case claim damages for the delay in delivery
of the vehicle, cancellation of the hire or immobility caused by the
repairs affected during the hire. Maxi Rent will not be responsible for
bodily or material damages caused by a manufacturing defect or previous
repairs.
Article 6.- PETROL AND OIL
Petrol will be paid by the client.
The lessee should constantly check the oil and waters levels and also
the level of the gear box. Bills must be presented in order to obtain
repayment.
Article 7.- LIABILITY
The lessee or the expressly admitted drivers are legally responsible for
infractions committed by them while driving the vehicle, in accordance
with the Penal Code, circulation Code and whatsoever current legal
dispositions.
Article 8.- APPLICABLE LEGISLATION AND JURISDICTION
This contract will be subject to and be interpreted in accordance with
the laws of the country in which it has been signed, the courts of which
will be competent to rule in the differences which might arise from
same, the parties hereby renouncing the jurisdiction which might
correspond to them.
Those questions which might e raised between the lessee and the lessor
as a result of this contract are the competence of the Tribunals and
Courts in the place of the registered address of the entity which owns
the hired vehicle.