TERMS AND CONDITIONS
In this agreement unless otherwise indicated, BeringCars, as “the Lessor”, rents the vehicle indicated on the front of the form, section, to the same person who has been identified in this form as the driver, “the Lessee”, in the terms and conditions specified on this page. By apposing their signature, the Lessee and the Additional Vehicle Operator, included in this agreement, section , (in the case that it will be added an additional driver) declare to have read and accept expressively the terms and conditions of this agreement and to be obliged to comply with them. The Lessee shall remain liable for all his/her obligations in terms of this agreement.
REQUIREMENTS OF THE LESSEE AND ADDITIONAL DRIVER
Both, the Lessee and the Additional Vehicle Operator, included on the front of the form, must fulfill the following requirements: 1) They must be over 25, 27 or 30 years of age depending on the vehicle rented and must be under 75 years of age. The Lessee and the Additional Driver must be in possession of a valid driving license with at least 2 years experience. 2) They must be provided with an adequate funding credit card(s), aimed at guaranteeing the full rental of the vehicle, prorogation, the possible damage caused to the vehicle or any compensation arising from the rental vehicle.
STATE AND USE OF THE VEHICLE
At the time of collection, the Company must submit a report where it shall be reflected the state of the vehicle (preservation inside and outside the vehicle, damages, ancillary equipment, vehicle documents, keys, etc). The Lessee and the Additional Driver undertake to preserve the vehicle in good condition and roadworthy. The vehicle shall be regarded to have been delivered in good order and repair and without any damage. The vehicle shall be returned to the Company in the same condition as received;
1) Renter will use the rented vehicle diligently, complying with all applicable laws relating to holding of licensure to operate the vehicle, and pertaining to operation of motor vehicles: “Traffic law”, “Motor Vehicle Circulation”, Traffic Safety and other applicable provisions. There shall not be any insurance coverage in the case of any negligence happened, as a consequence of not respecting road signaling. 2) The Lessee warrants that the vehicle will not be driven by himself/herself or any other person whose blood alcohol concentration exceeds the limits permitted by any applicable law or regulation, or whilst under the influence of intoxicating liquor or narcotic and that he/she will not drive in case of illness or fatigue. He/she will not allow to drive the rented vehicle to any other person who may be under such circumstances. 3) The Lessee shall not use the vehicle for unlawful or illegal purposes. 4) During the rental period the vehicle must not be driven by any person/s other than the Lessee or/and the Additional Vehicle Operator, specified in section. 5) The Lessee shall not carry more passengers than the allowed by law and/or recommended by the car manufacturer. Lessee and the Additional Driver shall not carry minerals. 6) The Lessee shall not use the rented vehicle to move, push, propel or tow any vehicle, trailer or object. 7) The Lessee shall not drive in any area where there may be a risk or incidents of civil unrest, or on non-properly maintained roads which could damage the vehicle. 8) The Lessee shall not participate with the vehicle in any motor sport competition and high risk activity. 9) The Lessee shall use the correct fuel and oils. They will be of the same quality and characteristics as it is indicated by the manufacturer of each type of vehicle and described in the section of this agreement. 10) The Lessee makes sure that the vehicle will be properly locked when it is not in use. The vehicle shall be properly parked. 11) They shall not use the vehicle to carry or transport any load. 12) They shall not handling the odometer of the vehicle. 13) The rental vehicle may, under no circumstances, be used outside the Spain, unless otherwise agreed with the Lessor. It is necessary a prior written authorization by Lessor, contract signed by both parties. 14) The Lessee shall not use the vehicle for; business purposes, conveyance (people or goods), for giving driving courses, courier services or distribution business. He/she will not use the vehicle for commercial or industrial operations, or any type of activity which implies the subletting of the vehicle. 15) It is completely forbidden to sub-let or sold to third parties the vehicle reflected in this form. In this case the Company will breach this contract and the Owner shall remove the vehicle immediately. The Lessee and the Additional Driver will lose the amount of money detained in the credit card(s), and the security deposit shall not be returned.
RETURN OF THE VEHICLE
The vehicle must be returned to the Rental Station on the date and by the time shown in the Rental Agreement. Any alteration or extension of the Rental Period must be notified to the Lessor at least 3 hours prior to the expiration of the Rental Period. If the Lessor has agreed to the extension of the Rental Period, it may require a new Rental Agreement and the signature of the driver(s), in this case, a new lease agreement will be signed, with the conditions established by the Lessor. If the vehicle is returned out of date / time and place agreed, it will be motive for charge in the leaseholder’s credit card(s) and the additional driver the next charges;
1) Full day rental charge in the initial contract in the concept for compensation for damages; this surcharge does not imply renewal or extension of the initial contract. 2) The Lessor reserves the right to claim the collection of the vehicle at any time of the contract period, if an improper use of the vehicle will be made. 3) The Lessee and the Additional Driver shall at his/her cost return the vehicle to the Company with a full fuel tank (which will be of the same quality) at the agreed return time and date. Failure to fill the tank will result in a penalty charge of 180 €, retained in the credit card(s), to pay the remaining amount of fuel to complete the tank. Another additional penalty will be charged to the Lessee account to pay the fuel filling of tank 60 €, the amount not used for the fuel will be returned to your credit card(s). 4) The excess mileage in case of exceeding as agreed in this contract, will be charged to the credit card(s). 5) At the time of collection, the Company will submit a report where there will be reflected the state of the vehicle (interior / exterior conservation conditions, damages, specified auxiliary equipment, documentation, keys, etc.) and the amount generated will be charged to credit card(s) if necessary. Once the submit has been signed by both parties (the Lessee, Additional Driver and the Lessor), the Lessor will not be able to apply any fee in this concept.
The Lesser and the Additional Driver will participate as policyholders of the Car Insurance Policy. This policy includes: Civil Liability Insurance and Full Insurance Coverage with Excess. Vehicles are divided into five excesses: (Right Side, Left Side, Front, Back and Roof of the vehicle). For this reason, in case of damage, it will be applied the amount of the car insurance, of each of the damaged parts and shown previously. The Policy do not cover;
1) Contractual responsibilities and liabilities. 2) Any loss or any damage in luggage, goods or personal objects carried on the vehicle. 3) Lessee and/or Additional Driver’s bodily injury liability. 4) Damages caused to the Lessor by theft of the vehicle 5) Llantas y neumáticos. 6) Mechanical damage. By signing this contract the Lessee accepts and the Additional Driver accept the terms and conditions of the insurance policy.
In case of theft
The Lessee and the Additional Driver must pursue the complaint to the competent authority and handing the keys in to the Lessor, together with the complaint within not more than 12 hours, in case of not depositing the keys of the vehicle, the Lessee and Additional Driver will be responsible for the theft of the vehicle, the Lessor may claim from the Lessee and Additional Driver the damages and losses caused by their negligence, as well as the amount of said vehicle as of the date of theft.
In case of own Damage
The Lessee and the Additional Driver will be released from own damage liability, except for the quantity of the security deposit, if they have fulfill the terms and conditions of this agreement.
PAYMENT AND RENTAL CHARGES
The Lessee and the Additional Driver hereby explicitly agree to the Lessor to charge on their credit card(s) the amount of money of the rental of the vehicle and other expenditures and charges arising from this rental agreement, prior authorization by the card(s) issuer(s). It will take place at the time of the signature of the agreement. The Lessee and the Additional Driver authorize to the Lessor to discount from the security deposit the alleged charges of the rental agreement. Furthermore, it will be charged on credit card(s) the damages incurred thereafte.
El Arrendatario y Conductor Adicional, autorizan al Arrendador a descontar del depósito entregado inicialmente los supuestos cargos derivados de este alquiler, así como a cargar en dicha tarjeta(s) los supuestos cargos derivados posteriormente.
LIABILITY FOR ACCIDENT AND DAMAGES
The Lessee and the Additional Driver must inform the Lessor immediately in case of accident and any damage. It must be communicated clearly by letter(s), writ of summon(s) or notification(s) to the Lessor. The Lessee and the Additional Driver must cooperate entirely in the inquiry or investigation with the Lessor and the Insurance Company. It must be presented within no more than 12 hours from the accident and damage. In case of accident and damage to the vehicle, the Lessee and the Additional Driver must take the following steps;
1) To obtain complete dates of people who had been presented in the accident and possible witnesses. 2) To bring information to the Lessor, as soon as possible, about the details of the accident and damage (see previous paragraph). 3) To notify immediately to the competent authority if the Lessee and/or the Additional Driver are not guilty and the other part must be investigated, or in the case of injured people. 4) The Lessee and/or Additional Driver shall take every precaution to safeguard the vehicle in case that he/she leaves it.
In cases of violation by one of the parties of the requirements, the Lessor may claim for damages from the Lessee and the Additional Driver, if a negligence shall be committed. Under no circumstances, the Insurance Company shall not cover damage caused by the Lessee or/and the Additional Driver: radio, wheels, underfloor and automotive interior (upholstery, trims, dashboards, etc.), loss of keys, changes in the type of fuel use, engine damage, and accidents or breakdown caused by careless driving of the rental vehicle. The Lessee and the Additional Driver will be directly responsible for the damages.
MAINTENANCE AND REPAIR WORKS
In case of mechanic breakdown, repair works will be done by the Lessor at no charge to the Lessee and the Additional Driver; unless improper use, negligence or incompetence will be caused by the Lessee and the Additional Driver. Under no circumstances the Lessee and the Additional Driver must repair any mechanic breakdown or/and any damage caused to the vehicle during the rental period. In case of malfunction or breakdown the Lessee and the Additional Driver must inform the Rental Company immediately, which will be reviewed at the time of the return being in the right to charge the card(s) in case the repair is not well repaired.
Additional Drivers, who are shown in section of this agreement, declare being cognizant and, they hereby accept the terms and conditions. Additional Drivers must be joint guarantors for the Lessee in all the agreement obligations and payments.
The Lessee shall not be responsible for the mechanic breakdowns or damages caused by mechanic failure; he/she shall not be responsible for delay, charges or injuries caused directly or indirectly as a consequence of mechanic failure provided they do not misuse the vehicle. It is important that the Lessee and the Additional Driver inform the Lessor immediately. The Lessor shall not be responsible for mechanic breakdowns in the case that they had taken precautions to prevent the possibility of failure. The Lessee and the Additional Driver shall be responsible for the lost properties or damaged objects kept or transported by them on the rental vehicle (inside or on the roof of the vehicle) during the rental period. The Lessee and the Additional Driver shall defend and pay an indemnity to the Lessor in the case that they accuse the Lessor for each of these elements. The Lessee and the Additional Driver shall be responsible for the loss of keys, vehicle documents, lost or stolen car parts (mats, wind deflector, DVD, CD, navigation devices, etc). They both (the Lessee and the Additional Driver) must pay the amount of money generated by the replacement expenses of the stolen or damaged parts, in the case that they do not replace them when return the vehicle.
All traffic fines or penalties incurred by the Lessee or the Additional Driver directed against the rental vehicle, shall be payable by them during the contract period (legal fees and out-of-court expenses incurred in relation to illegal parking, traffic fines and transport rules or any other variety). A charge of 60€ will be made to cover the cost of administrative management of each traffic fine caused during the rental period.
Once the car reservation is confirmed and formalized, a deposit of 30% of the total hire shall be charged, with a minimum amount of 300€. If this minimum is not reached, the whole rental shall be deposited.
Different situations may be considered when cancelling a reservation, which should be always made via email:
1. Reservations which are confirmed and subsequently cancelled 21 days before the starting day of the rental will not bear any additional charges, except for the management fees for returning the amount refunded. If a promotional discount is applied on the first reservation at the time of confirmation, a voucher will be generated for the full amount, which will have 1 year of validity for later usage.
2. Bookings paid in full at the time of confirmation which are subsequently cancelled 15 days before the starting day of the rental will bear a 30% charge of the total amount, with a minimum charge of 300€.
3. Fully-paid bookings at the time of confirmation, or those with a remaining charge of 70% which should be paid 6 days after the start of hire can both be cancelled within 96 hours before the start of rental. In this case, a 50% charge of the total amount of the rental will be applied, unless this does not reach the minimum amount of 300€, in which case 300€ shall be charged. For reservations cancelled within 48 hours of the start of the rental, 100% of the total shall be paid.
4. In the event the customer does not show up on the reservation day, or if for any reason the rental cannot go ahead, due to lack of documentation or not having a valid credit card or credit cards to cover the amount of the deposit as shown in the reservation, no refund shall be made. In this case, the reservation will be completely cancelled, and the hirer may not make use of the vehicle.