Terms and conditions

GENERAL VEHICLE RENTAL TERMS AND CONDITIONS

These general conditions govern the contractual relationship between EPCARSGT, S.L. (the lessor) and the client (lessee) for the rental of a vehicle under the conditions set out in the agreement and its specific conditions.

These general contractual terms and conditions are subject to the provisions of the Consolidated Text of the General Consumer Protection Act (Legislative Royal Decree 1/2007 of 16 November), amended by Law 3/2014 of 27 March, as well as any other Spanish autonomous regional legislation that may replace, complement or modify the above, to the extent that they may be applicable.

The lessee is aware of and accepts that the vehicle may be equipped with geolocation systems for security reasons, and these may be consulted by EPCARSGT, S.L. during the term of this rental agreement.

TERM OF THE AGREEMENT

The duration of the rental shall be the duration initially agreed upon in the rental agreement and particular conditions signed by the parties.

If the lessee wishes, he/she may with prior notice request an extension of the rental agreement, providing at least twelve hours advance notice and subject to mandatory acceptance by EPCARSGT, S.L., the extension will be recorded in the relevant section of the particular conditions of the lease agreement, or a new agreement or an annex to the same will be entered into for that purpose.

USE OF THE VEHICLE

The Lessee undertakes to use and drive the vehicle in compliance with the road traffic regulations in force at the place and time the vehicle is provided, and in accordance with the specifications for use of the type of vehicle subject to the rental. The driver of the vehicle shall at all times be the person who has signed the agreement as the main driver, or the person designated as the main driver. In order to use the vehicle, the lessee and the main driver, as well as any additional drivers, must be between 23 and 70 years of age, and hold the appropriate driving licence, which they must have held for at least two years. If these requirements are not met, the lessee must sign a supplementary document in which he/she undertakes to take responsibility for any accidents leading to damage to themselves or damage to third parties. The lessee shall be responsible for compliance with this obligation and liable for all consequences in the event of any breach thereof. If the lessee permits a third party not specified in the agreement to drive the vehicle, the lessee shall be liable for all damage and losses caused by that third party. The lessee must have a credit card, with a sufficient limit in the opinion of the lessor, to guarantee both the rental and its extension, as well as any possible damage caused to the vehicle, or any compensation that may arise from the rental of the vehicle. The client shall maintain the vehicle in good condition, both internally and externally, in accordance with the legislation and the manufacturer’s instructions for use and maintenance. In the event that a vehicle may not be used for any reason not attributable to EPCARSGT, S.L., this may not be adduced by the lessee as a reason for not fulfilling their payment obligations. The vehicle must not be used or driven in Ceuta and Melilla or outside Spain unless expressly authorised by EPCARSGT, S.L.. The client will under all circumstances be obliged to ask EPCARSGT, S.L. for express permission to drive the vehicle abroad, with advance notice of at least 48 hours and during the office hours set out in this document.

PROHIBITIONS

In addition to the prohibitions listed in these conditions, the lessee expressly may not:

Use the vehicle to push or tow other vehicles or any object.
Use fuel other than that specified on the delivery and return of the vehicle, which will result in a penalty applicable to the client of €300.
Smoke inside the vehicle. This will lead to the client being charged a penalty of €200. The rental company reserves the right to perform a valuation of any damage caused, the cost of which shall be met by the client.
Use the vehicle for teaching or driving practice.
Use the vehicle off-road or on paths considered as such by the Spanish Highway Code (Código de Circulación).
Use the vehicle for illegal purposes or activities.
Leave the vehicle unlocked or improperly parked when not in use.
Tamper with the vehicle’s odometer in any way.
Take the vehicle out of Spain without prior authorisation from the lessor. The client may be penalised in the form of deductions from the repayment of the deposit, and the client will be liable for all damage caused to the rented vehicle and to third parties, and may even be asked to pay the full purchase price of the vehicle. The insurance company will not cover contingencies in other countries without prior notice to the lessee.
Transport hitchhikers or any persons for a fee under any circumstances.
Sublease the vehicle.
Take part in races, contests or any kind of reliability or speed competition. This will lead to the client being penalised in the form of deductions from the repayment of the deposit.
Transfer the vehicle to a third party.
Carry more passengers, luggage and/or goods than recommended by the manufacturer or permitted.
Label/paint the vehicle except with prior authorisation from EPCARSGT, S.L.If no such authorisation is given, EPCARSGT, S.L.will invoice the client for the cost of removing the labels/paint in order to restore the vehicle to the condition in which it was delivered.
Driving the vehicle on circuits is strictly forbidden. If the vehicle is driven on a circuit, the client will forfeit the entire deposit amount, and will be responsible for the total damage to the vehicle, and may even have to pay the total purchase cost of the vehicle in the event of accident.

RECEPTION AND RETURN OF THE VEHICLE

Unless otherwise agreed, the vehicles will always be collected and returned by the lessee to the lessor’s registered office during office hours, i.e. Monday to Friday between 9:00 am and 7:00 pm. Notwithstanding the above, the vehicle may also be delivered to and collected from an address other than the lessor’s address, subject to an additional cost to the client. Supplements for delivery and collection outside office hours also apply. The Lessee receives the vehicle described in the agreement in a perfect state of repair, with no defects, except for any remarks that may be made upon receipt of the vehicle in the relevant reception document. The vehicle will be delivered to the lessee in perfect working order and with a full tank of fuel, and the lessee declares that they have examined all aspects of the vehicle to their satisfaction, and therefore expressly declares that the lessor is not responsible in any way for any accident, inconvenience, delay or difficulty that the lessee or the vehicle’s occupants may experience as a user of the vehicle concerned. At the time of delivery, the client must sign the vehicle reception document specifying the condition of the vehicle. The vehicle must be returned in the same condition in which it was received, clean and with a full tank of fuel. Failure to comply with the aforementioned two conditions will be subject to a supplement stipulated by the rental company in the agreement. It may therefore charge the various supplements to the client’s invoice by charging them to his/her credit card or deposit. The lessee must sign the vehicle return document specifying the condition of the vehicle upon its return. In the event of absence of a physical person acting on behalf the lessee, the latter will accept as valid the check carried out by EPCARSGT, S.L. and recorded in the aforementioned return document. If there is any dirt, dust or other items that make it difficult to check the vehicle properly, the check by the lessor may be completed after it has been cleaned, within a maximum of 10 days. If the client does not comply with the fuel tank condition (FULL-FULL) on returning the vehicle, the client will be penalised by the rental company for an amount of €100 plus the cost of the fuel until the tank is full (according to the receipt from the petrol station). The rental company will offer the client a grace period of one hour for the collection of the vehicle, starting from the scheduled collection time. In the event of a longer delay on the part of the client which is not due to justifiable force majeure reasons, or a delay justified by air or land transport, the client will be penalised by the rental company for the sum of €150 per extra hour of delay. If the vehicle has heavy dirt on the interior and/or exterior when it is returned, the client will be charged a penalty of €150. An additional charge of €150 will be made for each service if the vehicle is to be received or returned by the client between 8.00 pm and 8.00 am. If the client exceeds the contracted mileage, each extra kilometre will be charged as stipulated on sheet 1 of the “RENTAL AGREEMENT”

PRICE, PAYMENT OF FEES AND SETTLEMENT

If no other form of payment predetermined by the lessor is agreed, the rental price, the deposit and all other agreed amounts will be debited from the credit account provided by the lessee at the time of booking, or at the time the agreement is signed if the booking is not prepaid. The vehicle rental price shall be in accordance with the applicable rates. EPCARSGT, S.L. may under all circumstances ask the lessee to provide an amount covering the minimum cost of the rental based on the time, mileage and services provided, as well as a deposit to cover possible incidents or charges that may arise. This amount will be determined by EPCARSGT, S.L., which will ask for the deposit it considers appropriate according to the list of fees published on its premises. The aforementioned amount may not be applied to payment of rental fees, and nor shall it constitute any exemption from the complete fulfilment of the obligation for the lessee. Final payment will be made upon return of the vehicle. For returns off the company’s premises, payment shall be made before the vehicle is transported, after the timely final settlement of any amounts paid in advance, the total price of the rental and the charges or expenses made for any reason. The agreed amount per additional kilometre shall be settled and paid at the same time. The lessee authorises EPCARSGT, S.L. to pass on all charges resulting from this agreement, according to the payment system set out in this agreement. For the purposes of establishing the price for each specific case, this price will be as stated in the list of fees established and presented by EPCARSGT, S.L. The lessee expressly accepts the following charges:

The costs of repairing damage to the vehicle, damage caused to third parties, or damage to the vehicle not covered by the insurance company.
Fees for mileage, if the mileage contracted is exceeded, according to the applicable mileage fees.
Additional charges for the use of the vehicle between different cities, if the return has been agreed in a different city to the one in which it was rented.
Amounts related to fines, legal and extrajudicial expenses of all kinds. A fixed amount of €50 will be charged as a handling and processing fee for each fine received during the rental period of the agreement. In the event that the lessee orders the charges to be invoiced to a third party, and this is accepted by EPCARSGT, S.L., the lessee will be jointly and severally liable with the third party in the event of non-payment.

BREAKDOWNS, LOSSES AND DAMAGE

The client must pay all costs arising from breakdowns caused by negligence by the driver, those caused by impacts to the underbody of the vehicle, or due to a failure to follow the instructions from the manufacturer or EPCARSGT, S.L., or damage due to failing to comply with the alerts indicated by the on-board instruments (temperature gauge, immediate stop oil and warning lights, etc.), fuel errors, engine seizure, entry of water, misuse of the clutch and damage caused by excessive dirt, as well as costs related to punctures and damage to tyres, wheels and damage to upholstery and interiors. The client authorises the related amounts to be charged according to the payment system set out in the agreement. Likewise, costs arising from the loss or breakage of keys or controls, damage or loss of the baby seat and booster seat, damage or loss of the antenna, jack, wiper blades and fuel cap shall be met by the client. The client must request express authorisation from EPCARSGT, S.L.before beginning any repair or replacement work. EPCARSGT, S.L. shall not be liable for the cost of repairs. In general, and unless otherwise agreed by both parties, the client shall be responsible for paying for any repairs carried out on the vehicle after use in the event of damage. The client hereby authorises the deduction of any damage from the security deposit, and undertakes to pay for any damage in excess of the security deposit. Both parties submit to the judiciary to guarantee the repair of damage to the vehicle rented. In the event of an incident leading to damage, the lessor will charge for the period of time off the road needed to repair the vehicle according to the price listed if the vehicle requires it. This period shall be a maximum of 30 days. EPCARSGT, S.L. shall not be liable for loss or damage to property left in the vehicle during the rental period. The lessee bears sole responsibility for this property. The lessee undertakes not to take any action against the lessor for damage caused to persons or their property. The lessee shall compensate the lessor for the results and any expenses arising from any action brought against the lessor by the driver of the vehicle, occupants or any passengers transported in the leased vehicle.

CLAIMS AND INSURANCE

The rented vehicle is covered at no additional cost by the Compulsory Automobile Insurance and the complementary Civil Liability Insurance for damage to third parties, with a maximum coverage of ……., for personal injury, and a maximum coverage of ……. for material damage arising from the use and driving of the vehicle. In the event of theft of the vehicle, the lessee must hand over the keys to EPCARSGT, S.L.. Otherwise, they shall compensate EPCARSGT, S.L. for the market value of the vehicle. The client shall always be liable in cases where the driver of the vehicle is found to have driven under the influence of alcohol, drugs or psychotropic substances, whether the this is the client or another person, and in cases of gross negligence. Any attachment of a trailer must be notified in writing to the lessor and authorised by the latter for the appropriate purposes, and additional insurance must be arranged to that end under all circumstances, and its cost will be met by the lessee. EPCARSGT, S.L. shall not be liable for any penalties or damage that he or she may cause.

The lessee authorises EPCARSGT, S.L.to perform the appropriate charge as published on the lessor’s premises within a period of one month, during the term of the rental agreement or after returning the vehicle, for any damage to the lessor’s own vehicle or that of a third party that may be claimed in the circumstances set out in the paragraphs above, after its financial valuation by an Expert appointed by the Insurance Company concerned. In the event of an accident or breakdown, the lessee must contact the roadside assistance company contracted by the lessor to request a tow truck. EPCARSGT, S.L. shall under no circumstances be responsible for any towing other than that provided by the assistance service, and will charge the client for the amount invoiced for the towing. The lessee releases the lessor from any liability for any direct or indirect damage that the latter may experience as a result of a breakdown or accident of the rented vehicle not covered by the insurance conditions. In the event of any accident or damage to the vehicle, the lessee must contact the insurance company contracted by EPCARSGT, S.L. within a maximum of 8 hours, even if the driver is a third party.

In the event of an accident, they shall:

Take any measures that may be useful and expedient to shed light on the incident
Not prejudge responsibility for the event by declaring themselves responsible
Complete a full accident report, including in all cases the full details of the other parties involved, the name of their insurance company and the details of the accident (type, date, time, etc.). The accident report must be sent to EPCARSGT, S.L., C/ Cabrerès, 5, 08500 Vic, Barcelona, España
Sign the appropriate report as requested by EPCARSGT, S.L., or the vehicle insurance company, if they believe that the opposing parties are at fault, and appear at any proceedings resulting from this report. Insurance to cover the repair of the vehicle at the lessee’s expense must be arranged in the event that EPCARSGT, S.L. authorises a vehicle to leave the country. The lessee may voluntarily arrange insurance to cover the replacement of the vehicle, transfers and living expenses for the driver and occupants in the event of an accident or breakdown. EPCARSGT, S.L., will not be liable for the said expenses under any circumstances, and nor will reimbursements be made for unused rental days.

At the lessor’s discretion, fully comprehensive insurance may be arranged which does not cover damage to the underside of the vehicle, or possible damage to wheels and tyres, and this shall be arranged and paid for at the lessee’s own risk and expense. The damage shall be classified in accordance with the opinion of the appropriate expert.

Damage to persons and property caused by the lessee through gross negligence or fraud is excluded from the insurance coverage, and the lessee is therefore fully liable for such damage.

FINES AND PENALTIES

The client releases EPCARSGT, S.L. from any liability for fines, penalties and/or claims that may result from any infringement or violation of the applicable legal provisions in connection with the use and condition of the vehicle and from any claims by third parties relating to the vehicle and its use. In the event that EPCARSGT, S.L. is found to be liable for these breaches or infringements, the client shall reimburse EPCARSGT, S.L. for all costs relating to these penalties upon the first request by the latter. Likewise, EPCARSGT, S.L. may charge the client for the amount of those penalties by means of the same payment system as set out in this agreement. The client shall provide EPCARSGT, S.L. with all details concerning the driver, including their name, surname(s), home address, date of issue and number of their identity card. The Lessee undertakes to obtain the Transport Card whenever this is necessary in accordance with the Spanish Road Transports Law (LOTT) and the Spanish Road Transports Regulation (ROTT) at his/her own expense, and consequently EPCARSGT, S.L. shall under no circumstances be liable for any penalties arising therefrom.

TERMINATION OF THE AGREEMENT

The parties shall be entitled to terminate the agreement if there are legal grounds to do so. Any breach of the conditions agreed upon in this agreement will consequently give rise to its termination ipso jure, with immediate effect. In this regard, EPCARSGT, S.L. shall terminate the agreement in the event of circumstances such as the designation of an erroneous or false address, the closure of the said address, the return of instalments in the event that payment of the rental price in instalments is agreed, the filing of legal proceedings against the lessee, insolvency proceedings, or any other similar circumstances to which the lessee, the authorised parties or the third party to whom they order the charges to be invoiced may be subject, with claims exceeding 5% of the invoiced amount. In such cases, EPCARSGT, S.L. shall take the measures it deems necessary for the immediate recovery of the vehicle, without incurring any liability for the damage alleged by the lessee or the aforementioned third parties, and subject to any other actions to which it may be entitled. Accordingly, EPCARSGT, S.L. may regain possession of the vehicle at any time, even without notifying the client, and at the client’s expense, if the vehicle is used in breach of this agreement, subject to a prior notification to the competent police authority. The lessee may terminate the present agreement before the expiry of the term stipulated therein, or before the end of any of its extensions, provided that prior written notice is given to EPCARSGT, S.L. However, in this case, the lessor shall be entitled to receive a sum equivalent to the payment of one hundred percent of the rental amount as damages. EPCARSGT, S.L.,notwithstanding the right to terminate that is recognised in other stipulations of the present agreement, and in all those cases of non-fulfilment of the obligations entered into by the lessee and its right to compensation as a result, will be entitled to terminate the agreement or demand its obligatory fulfilment in accordance with the provisions of article 1.124 of the Spanish Civil Code.

SUBSTITUTION OF THE VEHICLE

EPCARSGT, S.L. will substitute the vehicles rented, when this service is contracted, with one of a similar or inferior category, within a maximum of 48 hours in the following cases:

In the event of theft of the vehicle, subject to justification with a copy of the police report and handover of the keys to the vehicle.
In the event of an accident, upon presentation of the accident report.
Due to a vehicle breakdown for reasons not attributable to the driver.

The disablement for any reason of the rented vehicle when it is due to a cause that may be adduced to the driver is excluded from the grounds for replacement, and therefore subject to supplementary invoicing. EPCARSGT, S.L. shall only be obliged to perform the replacements listed above within Spain. These replacements will always be provided at the offices of EPCARSGT, S.L., unless otherwise agreed between the two parties. EPCARSGT, S.L. shall not be liable for any loss of time, financial loss or any other direct or indirect damage caused by the material impossibility of replacing the vehicle. In the event of a repair that could interfere with the smooth conduct of the rental EPCARSGT, S.L.will endeavour to find a replacement car (subject to availability) of similar or lesser value.

LIABILITY OF THE LESSOR

The lessee releases the lessor from any liability for any direct or indirect damage that the latter may experience as a result of a breakdown or accident of the rented vehicle not covered by the insurance conditions. The lessee undertakes not to take any action against the lessor for damage caused to persons or their property. The lessee shall compensate the lessor for the results and any expenses arising from any action brought against the lessor by the driver of the vehicle, occupants or any passengers transported in the leased vehicle.

LEGAL FRAMEWORK AND JURISDICTION

The parties agree that any dispute or disagreement arising from this relationship shall be finally settled before the Courts of Barcelona, the place of performance of the obligation.

PROTECTION OF PERSONAL DATA

Pursuant to Organic Law 15/1999 of 13 December, on personal data protection and information services and electronic commerce, you are hereby informed of the incorporation of your personal data in a file owned by EPCARSGT, S.L.duly registered with the Spanish Data Protection Agency, after adoption of the technical and organisational measures that guarantee the security of the data and prevent the alteration, loss, processing or unauthorised thereof, in accordance with the provisions of Royal Decree 1720/2007 of 21 December, which approves the regulations for the implementation of the Organic Law on Data Protection, in order to administer the vehicle rental services, and for commercial purposes such as keeping you informed of our products and promotions that may be of interest to you. In accordance with the provisions of Law 34/2002 on E-Commerce and Information Society Services, the lessee gives their express consent to being sent advertising by email in the event of commercial promotions. This consent may be revoked at any time via the website www.Rentlux.es, or by sending a request by e-mail to [email protected]

The lessee may exercise their rights of access, rectification and cancellation of his or her personal data, and object to their commercialisation, use or transfer, by notifying EPCARSGT, S.L. by letter addressed to C/ Cabrerès, 5, 08500 Vic, Barcelona, Spain, or by e-mailing [email protected].