Rental Agreement General Terms & Conditions.

TERMS AND CONDITIONS OF THE ALFA JET RENT A CAR S.A. RENTAL AGREEMENT

 

Under this contract, Alfa Jet rent a car S.A. (hereto forth THE LESSOR) rents the vehicle described on the front page of this document to the client, (hereto forth THE LESSEE), under the terms and conditions established on said and following pages, as well as those in any possible annexes. Likewise, The Lessee accepts the specific conditions of the current rates applied at any time. The Lessee is responsible for duly reading this contract and expressing any doubts or disagreements they may have before signing.

This contract will be valid to all effects as of 15 September 2011.

 

1 – VEHICLE HAND OVER

 

The lessee will receive the vehicle described on the back of this contract clean and in proper working order, without any deficiencies, with the pertinent documentation, a set of keys or equivalent object to open doors and start the engine, reflective vests and tools, which the lessee will check and notify the lessor of any elements lacking at the time of vehicle hand over.

If the rental agreement includes accessories, mainly in the case of car seats, the lessee must install said elements properly and the lessor will not be held responsible for improper installation or incorrect use of the same.

The lessee must be in possession of the rental agreement in the rented vehicle at all times.

The vehicle rental period will be from the date and time in which the vehicle is handed over to the moment it is returned, which unless expressly agreed beforehand will be on the last day of rental at 8:00 am.

 2.- VEHICLE USE.

 

The lessee promises to:

  1. A) Not transport people or goods or use the vehicle for any other type of activity that directly or indirectly implies the subleasing of the same.
  2. B) Not allow anyone to drive the car other than the lessee or drivers expressly authorized on the back of this contract, who must be at least 23 years of age, hold and be in possession of a valid drivers license issued at least one year ago.

Depending on the category of vehicle, there may be other age and drivers license limitations. See rate conditions valid at time of booking or rental.

  1. C) Not drive the vehicle under unsafe physical conditions caused by alcohol, drugs, fatigue or illness.
  2. D) Not use the vehicle to haul or push other vehicles or trailers.
  3. E) Not use the vehicle to participate in any type of races or other contests or rallies, any sort of training, official or otherwise, nor in resistance testing on automobile products or accessories.
  4. F) Not dismantle or manipulate the odometer and to communicate any possible problems with said device to the lessor immediately.
  5. G) Not carry more passengers than specified by the vehicle manufacturer or allowed by law.
  6. H) Not travel to other islands or beyond the archipelago without the express authorization in writing from the lessor.
  7. I) Not transport flammable, hazardous, radioactive, toxic and/or noxious materials in the vehicle.
  8. J) Not transport goods superior in weight, quantity and/or volume to that authorized on the vehicle registration document and/or technical specification of the vehicle, nor live animals, except for pets with prior authorization of the lessor and in their respective protective cages.
  9. K) Not circulate outside of the marked network of roads, nor on non-paved or unsuitable roads that may damage the undercarriage or other parts of the vehicle.
  10. L) Lock the vehicle and park in safe, appropriate locations when not in use and leave the related documents inside the vehicle.
  11. M) Stop the vehicle as soon as possible if any warning lights come on and contact the lessor as soon as possible, who will determine what shall be done. Repair or replacement costs derived from any failure to comply with the previous clauses will be the responsibility of the lessee, regardless of any insurance contracted.

3 -BOOKINGS – CANCELATIONS – DEPOSIT

 All vehicle bookings refer to categories/groups of vehicles and not a specific model within that group. Alfa Jet will do what it can to meet the specific requests of its clients. The lessor will hold bookings until sixty minutes after the agreed-upon time, having no obligation to provide services with the agreed-upon conditions after said time.

All bookings will require a deposit equivalent to double the rental price to cover any responsibilities or obligations of the lessee, being no less than €250. This deposit does not stop the lessor from claiming any amount in excess of that left in deposit.

Cancellations without penalization must be made at least 96 hours before the stipulated pick-up time.

After said time, the following criteria will apply:

  • 96 to 72 hours, lessee will pay 25% of the total agreed-upon price.
  • 72 to 48 hours, lessee will pay 50% of the total agreed-upon price.
  • 48 to 24 hours, lessee will pay 75% of the total agreed-upon price.
  • Less than 24 hours or no-show, lessee will pay 100% of the total agreed-upon price.

The Lessee expressly accepts from the booking date that said penalizations will be charged to the card or payment method provided for the booking.

Regarding pre-pay cards, the following will apply:

– If available before the pick-up time, the lessee may change vehicle category and be charged for the difference in price.

The lessor will under no circumstances return payment made before vehicle pick-up or any difference in price.

If the booking is cancelled, the criteria above will apply.

Cancellations may be made online (e-mail below) or in writing to the address at the bottom of this contract.

Special deals offered by the Lessor on booking or contract prices are NOT accumulable, except through express agreement, and cannot be applied on top of benefits granted to members of our “Happy rent-card” loyalty scheme.

4 –AUTHORIZATION OF CREDIT AND/OR DEBIT CARD CHARGES

 By providing credit and/or debit card details at the time of formalizing the booking or contract, the lessee authorizes the lessor to charge payment for the rental price, deposit and any other charge or responsibility laid out in these conditions resulting from the rental contract.

Once the lessee has confirmed the booking, the lessor will thereby be authorized to charge the full rental price, including extras requested, to said credit and/or debit card. The vehicle booking or the rental contract will be null and void if it is not possible to charge said amount to the cards provided.

The rental contract will be terminated once the vehicle has been returned and proven to be in the same state including the fuel tank level, by the lessor. The final liquidation and corresponding charges will be carried out with the payment method indicated by the lessee.

If the vehicle is returned at a time when the lessor is not present (drop box, hotel reception or personnel unavailable) or if returned outside of office hours or in a place other than that stipulated by the lessor and is later found to be damaged or dirty beyond normal use, the client must pay for the damage and/or work resulting from the inspection (check-in) carried out by the lessor’s personnel in their absence, expressly accepting any charges that may be made to their credit and/or debit card or agreed-upon payment method.

 5.- VEHICLE RETURN

The vehicle will be returned in the location, date and time stipulated on the back of this document. Any change must be authorized beforehand by the lessor. Failure to comply with this condition will empower the lessor to take possession of the vehicle without prior notice or demand it legally, charging the lessee for any expenses resulting from this situation. Likewise, the lessor is empowered to recover the vehicle at any point during the time stipulated in the rental contract if it is used in any way contrary to the conditions laid out herein.

The rental period will finalize only when the vehicle and its keys have been returned to the lessor. Any delay in returning the vehicle on behalf of the lessee without consent from the lessor beyond the agreed-upon date may be considered by the lessor as theft of said vehicle and reported as such to the competent authorities.

Any delay in returning the vehicle will empower the lessor to apply charges equal to a full day of rent according to the rates valid at that time, applied every 24 hours until the vehicle is returned.

If the vehicle was rented at a special price, the extra day or days will be charged at the normal rate valid at the time.

To extend this contract, availability allowing, the Lessee must contact the Lessor in person in our offices or through another reliable method. In any case, a new contract with the revised return date must be drafted and signed. The lessee expressly authorizes that said extension be charged to their credit and/or debit card. To all effects, an extension is a new rental contract and is subject to the clauses therein. The lessor will not be held responsible for non-compliance with said clauses and the lessee hereby accepts all responsibility for any charges that may result from said anomalous situation.

6.- RENTAL CHARGES

 The lessee expressly agrees to pay the lessor:

  1. A) The amount resulting from the application of the rate established in the rental contract, corresponding to the deposit, length, insurance, additional equipment and complementary services, according to stipulated conditions, applicable taxes and fees as well as expenses resulting from application of accepted deductibles if there has been damage to the vehicle and as applies.
  2. B) The amount or difference in value of any spare tire, wheel, tool, accessory or radio equipment missing from the vehicle at the end of the rental period or that has been replaced, the lessee expressly agreeing that any replacements or missing elements are not covered by any insurance policy and that they are responsible for said elements and the expenses incurred. Likewise, any expenses incurred by the lessor as a result of the loss and/or damage to keys or remote controls to the vehicle will be charged to the lessee. The cost of delivering spares to the address requested by the Lessee will be covered exclusively by the client/lessee.
  3. C) The amount corresponding to any traffic fines under current applicable legislation, specifically that regarding the Highway Code, incurred by the lessee during the use of the vehicle to which this contract applies, as well as any corresponding charges for late payment by the lessee and legal or other fees incurred by the lessee as a result of the prior.
  1. D) Repair or replacement costs for any damages not covered by insurance, as well as any loss or damage not justified and/or contracted by the lessee, as well as any expenses related to immobile vehicles. The following are not included in any general coverage unless specifically contracted:
  • Damage to windows, undercarriage, ceiling and any missing, replaced, altered or damaged element not complying with general conditions or valid regulations or laws.
  • Damage to wheels, rims or tires.
  1. E) Expenses of towing and repairing the vehicle resulting from the use of inappropriate fuel.

Definitive payment will be made once the vehicle has been returned, after the appropriate liquidation of the amount paid ahead of time and the total price of the corresponding bill, which will include all charges and expenses applicable under the conditions listed above or any of the clauses in this contract or derived from valid rates, as well as from applicable law at the end of the contract. The lessee expressly authorizes the lessor to make all the aforementioned charges to their credit/debit card or payment method established on the back of this contract.

 7- INSURANCE.

 The insurance policy contracted by the lessee covers the lessee and drivers authorized in this contract for public liability (damage to third parties) for the amount stipulated in the valid policy for the vehicle contracted (available in our offices). For insurance reasons, spouses, ascendants, descendants, siblings of the lessee or authorized driver, their business partners or anyone with a dependent or salary-based relationship with the same, are not considered third parties. Loss, theft or damage to any goods transported in the rented vehicle are expressly excluded from insurance coverage. The lessee is fully covered for any damage caused in cases of theft or fire, as long as these are reported to the competent authorities and the lessee fully collaborates with said bodies. The lessee will return the keys to the lessor along with a copy of the police report.

Expenses incurred as a result of an accident or damage to the vehicle will be the exclusive responsibility of the lessee.

The lessee may limit said responsibility by purchasing extra insurance (normally called full-coverage insurance or collision damage waiver: CDW) at the current rate per day for the type of vehicle rented, which requires signature on the back of this contract accepting this charge and any deductible required. Deductibles for accidents applicable are those valid at the time of rental and appear on the back of this contract, as well as current rates. There may be additional insurance packages available without a deductible (Super CDW). See conditions in applicable rates.

The insurance policy will in no case cover accidents or damage caused by driving under the influence of alcohol, drugs, medications or any other substance that limits the driver’s capacities, nor if the driver is not expressly authorized to drive the rented vehicle or, even in the case of an authorized driver, if said incident occurs under conditions not complying with that established herein or with basic rules of the road.

Optional insurance policies are available to cover the lessee in situations excluded from the previous policies. See applicable rates.

 8.- ACCIDENTS.

 The lessee agrees to inform the Company and lessor immediately of any accident, as well as passing along any letters, fines or notifications, reports, statements or any other documents regarding said accident and collaborate fully with the lessor and the insurance company in investigating and defending any claim or process.

At the time of the accident, the following measures will be followed:

  1. a) Do not claim or tacitly accept responsibility for the event.
  2. b) Obtain complete information from the other party, filling out forms issued with the vehicle documentation and sending them urgently, no more than 24 hours after the accident, to the lessor, as well as informing the lessor by phone of any serious accidents at the offices in office hours or using the emergency contact provided on the rental contract.
  3. c) Do not abandon the vehicle without taking any measures necessary to protect it and keep it safe from harm.

Failure to comply with the points above will void any extra protection provided under CDW or Super CDW policies or any others contracted.

In the case of an accident the lessor is not automatically obligated to provide a replacement vehicle. If the lessee is at fault in the accident no such obligation exists nor are they entitled to any sort of refund.

In addition to the amount corresponding to physical damages, the lessor also has the right to demand compensation for loss of income resulting from their inability to use the damaged vehicle.

 9.- MAINTENANCE AND REPAIRS.

 The lessee will receive the vehicle clean and in perfect condition, having the obligation to keep it in the same state. Normal mechanical wear and tear will be assumed by the lessor, who will be responsible for any expenses incurred during the rental period for lubrication, oil changes, refilling brake or other fluids, and other small repairs except for flat tires, not to exceed €10. These maintenance operations must always be carried out at the lessor’s garages or in those designated by the same. Likewise, any other repairs must be agreed upon in writing and carried out at the lessor’s garages or others authorized by the same.

Replacement of the vehicle due to technical malfunction will be subject to the availability of another vehicle. In said case, the lessor will do everything in their power to attend to said change.

 10.- FUEL

 

The lessee must fill the vehicle will the correct type of fuel and pay for said refueling. Any expenses derived from the use of inappropriate fuel will be the sole responsibility of the lessee, unless inappropriate fuel supply can be proven to be the responsibility of the fuel station, in which case the owner of said station will be responsible for the expenses incurred in returning the vehicle to proper working order.

The lessee agrees to return the vehicle with a full tank or as it was handed over to them. No refunds will be given for fuel not used and the vehicle must be returned with at least the same amount of fuel it was handed over with. Otherwise, the lessee will be billed for the difference plus an additional refueling charge.

Some rates may include hand-over with a full tank of fuel and return with an empty tank: this is established in the specific rate contracted. In these cases, the lessee will NOT be reimbursed for unused fuel.

11.- HANDLING OF PERSONAL DATA.

 The lessee authorizes the lessor to include the personal data included in this contract, which is necessary to provide the contracted service, in the company’s automatic database, and also to be used to communicate special deals and services offered by the lessor. The lessee is hereby made aware of their right to access, rectify and, if desired, remove their personal data from this database, and may exercise this right in writing to the company.

Likewise, the lessee hereby grants the lessor consent to share this information with other companies in the group, or with others the company may have agreements with in order to better provide the rental service, located in Spain or abroad, in accordance with Spanish law on the protection of personal data.

12.- RESPONSIBILITY.

 The lessor hereby declares to have taken the necessary precautions and checked the vehicle to avoid mechanical failure of the same, and will not be held responsible for any damage directly or indirectly suffered by the lessee as a result of fortuitous breakdowns or accidents due to any cause.

13 – GENERAL PROVISIONS

 The lessee has the right to receive a copy of this contract in Spanish and other available languages. In the event of any discrepancy, the Spanish version will prevail.

Compensation of credits to the lessor will only be through credits recognized in firm judicial or arbitration resolutions or those recognized by the lessor.

If there is more than one lessee, each will be held equally and severally liable before the lessor.

All rights and obligations derived from this contract are also applicable to authorized drivers.

 14.- JURISDICTION

 Both parties to this contract renounce any other legal jurisdiction and agree that any issues that may arise as a result of the interpretation or compliance with said contract will be subject to the arbitration board responsible for settling transport claims in the autonomous community where the vehicle was rented, or if said body does not exist to the Courts of the city of Palma.

 TERMINATION OF CONTRACT

 Both parties will have the right to terminate the contract if they agree upon a legal reason for said action.

The lessor may terminate the contract if just cause is found, with the following considerations:

  • Rejection of bank transfer, check, promissory note, credit and/or debit card charges, unless the lessee makes payment in a period of three days.
  • Inappropriate use of the vehicle or intentional, serious, criminal or negligent damage by the lessee.
  • Non-compliance with applicable regulations regarding the transport of commercial goods.
  • Non-compliance with any of the stipulations of this contract.
  • High accident rate

The lessee will be obligated to return the vehicle, keys, documentation and any accessories immediately. The lessor reserves the right to take possession of the vehicle wherever it may be at the time of termination.

The lessor, in the case of termination of contract, reserves the right to be compensated by the lessee for the resulting damages and loss of income resulting from said termination.

GENERAL INFORMATION

Alfa Jet rent a car S.A.

Cami des Single 36

Edificion Anfora, Bajos C

07108 Puerto de Sóller

Mallorca ( Spain )

Tax identification code: ESA07217391