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General Terms and Conditions of the Car Rental

1. PURPOSE

Customers receive the rental vehicle described in the rental Agreement in perfect working order, with all its documents, tires, tools and accessories, and undertake to look after them and drive the vehicle in compliance with the Highway Code and the provisions set out in these General Terms and Conditions.

By signing on the front of the Agreement, you acknowledge you have read and agree to all terms and conditions thereof, and agree to comply.

Renting a car is not necessarily linked to a particular vehicle but a group of similar vehicles, as far as technical features and liveability concerns.

Autos Aguirre S.L. reserves the right to cancel the delivery of the vehicle in case of doubts about the financial capacity of the client, outstanding debts or any serious incidents with Autos Aguirre S.L.

At the time of signing the rental contract, the client must pay a deposit as a guarantee to assure the compliance of the terms and conditions of this contract. The amount paid as deposit will be refunded at the end of the contract and after the due checks of the state of the vehicle have been passed successfully and the terms and conditions of this contract have been complied. In order to go through this process, the amount paid as deposit may be retained for a maximum period of 30 days after the contract has finished and the vehicle has been returned. Autos Aguirre is not responsible for the commission that your bank charges when the deposit is refunded.

Autos Aguirre S.L. is not to be held liable for items stolen, forgotten or lost inside the vehicle.

2. RENTAL PERIOD

The term of the Agreement is set out on the front page herein and indicates the date and time on which the vehicle must be returned.

The rental dates are computed in 24-hour periods, counted from the exact time customers rented the vehicle until they return the vehicle, with its keys and documents to Autos Aguirre S.L. The courtesy period for returning the vehicle is 120 minutes. Failure to return the vehicle on the date and time set out in the Contract authorises Autos Aguirre S.L. to charge customers for each hour, day they use the vehicle after it should have been returned.

In the event that the client does not appear at the location and at the time agreed to for the collection of the vehicle, and it has failed to provide forewarning to this end, a 1-hour courtesy period will be given, and once said period has elapsed it will constitute grounds for cancellation

3. EXTENSIONS

If the customer wishes to extend the rental period, he/she must go to the nearest Autos Aguirre S.L. office to sign the extension. No contract may be extended via telephone, nor by any other means of electronic communication.

The deposit given as surety may not be used to extend the rental period under any circumstance. In the event that the Agreement cannot be extended because no vehicles are available or for any other reason, customers must return the vehicle on the agreed date and time to the agreed Autos Aguirre S.L. office.

4. VEHICLE RETURN CONDITIONS

Customers must return the hired vehicle in its pre-rental condition, together with all its documents, tyres, tools and accessories, at the place and on the date and time set out in the rental Agreement.

Customers must not change the vehicle's technical specifications, keys, equipment, tools and/or accessories, or make changes to its external or interior appearance. Otherwise, customers must pay for the expense of returning the vehicle to its pre-rental condition, without detriment to Autos Aguirre’s loss-of-income during the period the vehicle is not available for rent because it is being valeted, and for any other damages sustained by Autos Aguirre.

Where Goldcar’s delivery of the vehicle is delayed by more than 120 minutes after the rental agreement is signed, the customer will be compensated for the same amount.

Returning or abandoning the vehicle in a place other than the one indicated in the Agreement, will entitle Autos Aguirre to require customers to pay:

i) Rent for each extra day needed to retrieve the vehicle and return it to its pre-rental condition so it can be hired again;

ii) €40 as compensation for loss-of-income, and

iii) plus the cost of moving or towing the vehicle, tolls, and safekeeping and guarding, as the case may be, to the place convened in the Agreement for returning the vehicle.

In the event that the vehicle disappears or is not returned, Autos Aguirre reserves the right to bring legal action against the customers before the competent authorities with the full weight and consequences of the law.

A unilateral extension of the Agreement by customers will be considered illicit use of the vehicle, in which case the customers will be held liable for any damage to the vehicle.

5. PAYMENTS AND METHODS OF PAYMENT

Autos Aguirre will ask for the client’s passport or ID Card, driving license and a valid credit card at the name of the customer, as well as the voucher if it is required.

Autos Aguirre will not accept cash, debit card nor American Express.

Customers undertake to pay Autos Aguirre:

  1. Fuel policy. Autos Aguirre S.L: will deliver the car with about ¼ tank, the client has to pay for the fuel at the beginning of the rental and the client has to return it empty.
  2. To hire Sat Nav or MiFi (mobile internet access) device, you must pay a security deposit that will be blocked on your credit card.
  3. Young drivers between 21-25 years old and drivers with less that two years of experience have to pay an extra insurance per day.
  4. The customer can add until 3 additional drivers with an extra cost per day. All Customers and / or authorized driver will be jointly liable for all obligations that arise from the Customer Agreement and the laws applicable to it.
  5. Child seat. The client has to book the baby seat or booster. It has an extra charge per day.
  6. The vehicle can not be removed out of the Iberian Peninsula (excluding Portugal as well) unless prior written authorization has been obtained from Autos Aguirre.
  7. If the vehicle receives a fine during the rental period, you will be responsible for full payment of the fine as well as a traffic fine management fee.
  8. If the flight is diverted to another airport and the client picks up the vehicle from a different office than the one originally booked, an extra fee of 40.00 € will be charged. One way also 40€
  9. Out of hour office 25€ (20.00 – 09.00)
  10. Charge for 'special cleaning' for the costs incurred from an additional valeting service arising from the clearly inadequate state of the vehicle at the time of its return, with a maximum charge of 120€
  11. Up to 280€ for the expense incurred through the loss of a vehicle’s documents or keys, and/or sending a set of keys to the office concerned, in the event of loss, breakage or return of the vehicle’s keys to an office that is not the office at which the vehicle was collected, or for any other situation attributable to the customers in which the vehicle is immobilized.
  12. Any costs arising from the loss, theft, deterioration or damage of any part of the vehicle, or of the whole vehicle, as well as any problems arising from using the wrong kind of fuel.
  13. The client acknowledges the existence in every office and at the webpage of a chart with the charges for damages or missing parts that may occur to the car rented, not included in the Basic Cover. The expenses derived from the transfer are not included in the charge amounts specified in the chart.

Clients, by signing the rental contract, will be accepting and giving their consent to everything that concerns the rental vehicle, as well as allowing the rental company to charge their credit card in future, once the rental period has expired, for costs that are the result of damages to the vehicle that are detected upon its return and subsequent reception, provided these were not already contemplated at the beginning of the rental period in the aforementioned upper left-hand side of the contract.

6. NON-AUTHORISED USE

Non-authorized use includes, but is not limited to the following cases, given by way of example:

Pushing or towing another vehicle.

- Driving in areas not suited to public transport, such as beaches, race tracks, forestry roads, back roads, etc.

- Driving on dirt roads and very poorly paved roads that could cause damage to the underside of the vehicle.

- Driving the vehicle in restricted areas, and more specifically on airport roads and other roads for aeronautical and/or military use.

- Negligent behaviour when the vehicle’s indicators show an alert that customers state are known to them when they sign this agreement.

- Transport of goods or animals and, in particular, substances that are hazardous, inflammable and/or poisonous for the vehicle and its occupants.

- The transport of individuals or goods for which the customers receive direct or indirect payment.

- Sub-leasing the vehicle.

- Using the vehicle for unlawful activities.

- Transporting a number of passengers and amount of luggage not authorised for the vehicle concerned.

- Manipulation of the milometer. Customers must report any malfunction of the milometer to Autos Aguirre immediately.

- Transport of luggage or any other item on the vehicle’s roof, even when an adequate luggage rack is used for the purpose.

- Damage to the vehicle caused by leaving tempting items in plain sight inside the vehicle.

- Dirtying the inside of the vehicle beyond what would be expected from reasonable and careful use.

- Driving the vehicle when tired, not feeling well and under the influence of alcohol, medicine or drugs.

- Reckless driving.

- Using the vehicle to give driving lessons under any circumstance and/or to teach special driving techniques.

- Driving against the traffic regulations.

- The vehicle is driven by a person who is not authorised to do so in the agreement, as either a customer and/or a supplementary driver.

- Driving the vehicle Iberian Peninsula (excluding Portugal as well)

- Continued use of the vehicle after the rental period has ended.

Any unauthorised use on the part of the customer will entitle Autos Aguirre to terminate the Rental Agreement early for breach of contract by the former and, where appropriate, to claim for any damages that may apply in this respect.

7. INSURANCE AND COVERS

Rental rates include only Autos Aguirre Basic cover, Compulsory Insurance for the automobile, and Supplementary Civil Liability limited insurance to cover damage to third parties as a result of using and driving the vehicle.

These covers are guaranteed and assumed by Autos Aguirre’s insurance company, and they are subject to the insurance policy's general and particular clauses and the law. By signing the vehicle hire agreement, customers accept the conditions of this insurance policy, which are available to customers on request.

The Autos Aguirre Basic Cover always contemplates an excess for any damage for which the customer has been directly responsible. The excess needs to be guaranteed by provision of the corresponding deposit. Autos Aguirre offers the clients an additional insurance which reduce the excess and the responsibility of the damages. This insurance can be taken at the moment of the collection of the car.

The Autos Aguirre Basic Cover will be valid as long as the following conditions are met:

  1. The customer, in the event of a collision, sends Autos Aguirre the full details of the third party and possible witnesses before forty-eight hours have elapsed, as well as a completed accident report form, an ‘Agreed Statement of Facts’ (DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party's insurance company, and, if possible, the number of the insurance policy. All this must be signed by the two drivers involved in the accident, or, if there is no accident report form, a Claims Report, which will be provided by Autos Aguirre.
  2. The insurance company does not refuse to accept the claim because the vehicle's driver was not in the physical and mental condition required by the Highway Code.

The classic cover of Autos Aguirre S.L. includes on top of the Basic Cover, the own damages of the vehicle, except for the wheels, flat tires, alloy wheel, hubcaps, locks, Windows, keys lose, clutch, hits or crashes under the car, roof, interior of the vehicle and wrong refueling.
The Super Relax Cover of Autos Aguirre S.L. includes on top of the Classic Cover and the Basic Cover, the own damage of the vehicle, except for the hits or crashes under the car, roof and interior of the car.

There is no insurance that covers damages under, on the top, inner part and error type of fuel. The price list of the damages are specified in the price list mentioned before in the point 5-M. The transfer/move charges are not included in the price specified in the chart.

The client, together with one of our agents, has the obligation of checking the state of the rented vehicle, to ascertain that the vehicle is in a good state of use, and record possible anomalies in the upper part of the contract, with the acceptance of both parties with their pertinent signatures. If the rented vehicle, when returned, appears with damage that was not previously reflected in the contract, Autos Aguirre Rent a Car will have the possibility of demanding that the client, after the expiry of the vehicle rental period, pay any amounts incurred in its repair.

All claims relative to the vehicle must be made when collected, given that to the contrary you will be providing your approval after signing the rental contract, and these claims will not be valid once you have left our installations. Claims after the expiry of the contract pertaining to additional costs and the unsuitability of the vehicle will not be accepted.

The maximum liability incurred by the client will be the market value of the vehicle, in accordance with the maximum price established in the Ganvam Guide in force at the time of the accident.

It is not included, in case of accident or retention from the Authorities, the days the car will be stopped in which case the renter must compensate Autos Aguirre, taking as reference the daily unlimited kilometers tariff for the charges.

8. ACCIDENTS

The customer, in the event of a collision, sends Autos Aguirre the full details of the third party and possible witnesses before forty-eight hours have elapsed, as well as a completed accident report form, an ‘Agreed Statement of Facts’ (DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party's insurance company, and, if possible, the number of the insurance policy. All this must be signed by the two drivers involved in the accident.

The customer has to alert the authority immediately if the guilt of the third party needs to be investigated or if anyone has been injured.

The client can not to abandon the hired vehicle without taking due measures to safeguard it.

In the event of an act of vandalism, fire, theft or disappearance of the vehicle, customers undertake to notify Autos Aguirre of the event immediately and to report it to the authorities, sending a copy of the report to Autos Aguirre as soon as possible.

The vehicle will not be replaced for another vehicle when the client/renter is found to be guilty of the accident, nor the client will receive any refund of any type.

9. DATA PROTECTION

In accordance with the provisions of Law 15/1999 of December 13th , Protection of Personal Data, we inform you about the incorporation of their personal data to a file owned by Autos Aguirre with the purpose of facilitating the provision of the rental service and / or sale of vehicle. Likewise, we inform you that Autos Aguirre has adopted the technical and organizational guarantee the security of personal data and avoid its alteration, unauthorized access or treatment, given the state of technology, the nature of the data stored and the risks they are exposed, all in accordance with the provisions of Royal Decree 1720/2007 of 21st December, which approves the regulation implementing the Organic Law on Data Protection.

If you do not wish to receive marketing communications from our company, or at any time exercise their right of access, rectification, cancellation and opposition of your data can do so by notifying Autos Aguirre, by writing to Avenida España 26, 11.300 La Línea (Cadiz).

10. LEGISLATION
This contract shall be governed by and construed in accordance with Spanish law. Autos Aguirre declares its intention to settle any dispute amicably. If this is not possible, any differences arising between Autos Aguirre and Customer shall be subject to the jurisdiction of where the rent has been initiated.

11. TRANSLATION
Translations of these conditions are merely informative and are not legally binding on all the details of its wording, to be valid only in Spanish version.