ENGLISH SPOKEN: +34 617 778 402This contract is governed by the terms and conditions reflected therein, being parties to the contract, the client who makes the reservation and the company Sotogrande Experiences SL with address for these purposes at Urb. Ribera del Paraiso, Sotogrande, 1, 11310, San Roque – Cadiz with CIF number: B02828820, reservations telephone 685 74 38 41 and email info@gibraltarrentacar.mybookingcloud.com. Registered on page CA-57430 on page 150 of volume 2371 of the file of the General Section of Companies on November 30, 2020.
AREA OF APPLICATION
These general contracting conditions regulate any reservation of vehicles made through the website www.sotogranderentcar.com, owned by sotogrande experiences
sotogrande experiences sl is a company legally incorporated in Spain, whose data appears in the Legal Note link, available through the web.
The use by users of the vehicle reservation service presupposes, in any case, adherence to the general conditions in the version published by sotogrande experiences sl at the time of accessing the service. Therefore, it is convenient for the user to read the general conditions before accessing the service, which will be present at all times in Spanish on the sotogrande experiences sl website.
In the same way, the use of the service presupposes the user’s adherence to the Legal Note of sotogrande experiences sl included in its website, which must also be reviewed before accessing the aforementioned service.
sotogrande experiences sl (hereinafter referred to as “Lessor”) rents to the person / s identified in the contract as driver / s and / or payer / s (hereinafter referred to as “Lessee”) the vehicle referred to in the contract (hereinafter “Vehicle”), in accordance with the clauses and conditions contained in this document, in the annexes thereto, and in relation to the General Rate in Force and the price agreed in the contract for rent, depending on the selected rate.
VEHICLE RESERVATION SERVICE
To use the vehicle reservation service, users must be over 21 for passenger cars and 21 for industrials.
The user may withdraw from the service without any penalty.
In the event that the user wishes to submit a claim to sotogrande experiences sl, he may send a letter to the address of sotogrande experiences sl that appears in the first section of the Legal Note.
DISCLAIMER
sotogrande experiences sl is not responsible for any damages that may arise from, with a merely illustrative and non-limiting nature:
Delays or blockages in the Internet network caused by deficiencies or overloads as well as in any other electronic system.
Of the impossibility of providing the service or allowing access for any reason.
Interferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational functioning of this electronic system or in the computer devices and equipment of the users.
Of any anomalous operation of the service for reasons beyond its control and that prevent the reservation from being made effective. By abnormal operation is understood the incorrect issuance of reservations or errors of any kind.
RENTAL CONDITIONS
Article 1. Use of the Vehicle
The Lessee undertakes to use and drive the Vehicle in accordance with the basic driving and circulation rules, and in accordance with the specifications for use of the type of Vehicle.
The Lessee undertakes not to use the Vehicle and / or not to allow it to be used in the following cases: remunerated passenger transport; push or tow any vehicle or any other object, rolling or not; participate in competitions, official or not; perform resistance tests of materials, accessories or products for automobiles (unless expressly authorized by the Lessor); driving the Vehicle under the influence of alcohol, narcotics or any other type of narcotic substances; transport of flammable and / or dangerous goods, toxic, harmful and / or radioactive products or that violate current legal provisions, as well as the transport of goods in weight, quantity and / or volume greater than that authorized in the Circulation Permit and / or the Vehicle Technical Inspection Sheet; transport of any object other than suitcases on the roof of the Vehicle); transportation of passengers in a number greater than that authorized and indicated in the Circulation Permit and / or the Vehicle Technical Inspection Sheet; transport of live animals (except for pets and / or companion animals, with prior authorization from the Landlord); with roof rack, luggage rack or similar other than the one supplied by the Lessor.
The Lessee is obliged to distribute and securely and correctly fix the goods transported in the Cargo Vehicle-van.
Only the person or persons identified and accepted by the Lessor in the rental contract are authorized to drive the Vehicle, as long as they are over 21 or over 21 years old, according to the Vehicle group indicated in the General Current Rate, and are holders and are in possession of a valid and valid driving license that is at least two years old. The following will only be considered as valid driving licenses in Spain:
Those issued in accordance with current Spanish legislation;
Those issued by the Member States of the European Union in accordance with community regulations;
Those issued by other countries or of an international nature that were recognized as valid for the purpose of allowing driving in Spain.
The Lessee undertakes to keep the Vehicle closed when not in use and to keep its documents inside.
The Lessee is prohibited from assigning, renting, mortgaging, pledging, selling or in any way giving as guarantee: the Vehicle, the rental contract, the keys, the documentation, the equipment, the tools and / or the accessories of the Vehicle and / or any part or piece thereof; or treat the foregoing in a way that damages the Landlord.
When any of the warning lights that detect a malfunction of the Vehicle lights up in the instrument panel or when it perceives external signs that indicate a breakdown or malfunction of the same, the Renter must stop the Vehicle as soon as possible and contact the Lessor or with the Roadside Assistance Company arranged by the Landlord, and only with it. Charges will only be accepted on behalf of the aforementioned Assistance Company in urgent cases and when the Landlord has expressly authorized them.
The use of the Vehicle, cargo van and All Terrain is only allowed in the continental part of Spain
It is not allowed to transport the Vehicle on board any type of boat, train, truck or plane (unless expressly authorized in writing by the Lessor).
The damages of any kind that the Lessor may suffer due to the serious breach of the conditions contained in this article and / or due to use different from that agreed by the Lessee, authorize the Lessor to remove the Vehicle from the Lessee and to bill and collect from the Lessee. the amounts resulting in accordance with the procedure and criteria of these General Conditions.
Article 2. Delivery
Both in the delivery and in the return of the Vehicle, and the sotogrande experiences sl Renter will include in the rental contract any minor visible damage to the Vehicle, which the Renter declares to know.
At the time of delivery of the Vehicle, minor unrepaired damages must be reflected in the Rental Agreement with the corresponding signatures from and the sotogrande experiences sl Renter. At the end of the rental, at the time of the return of the Vehicle, any new minor damage that has occurred to the vehicle will be identified, in which case it will be expressly included in the rental contract, and will be approved and signed by and el sotogrande experiences sl renter; When possible, the Lessee will validate the new damages upon the return of the vehicle by means of an electronic signature or by signing the corresponding additional document to the lease contract. New minor damages will be charged to the Lessee.
Except for possible minor damages that may have been reflected in the rental contract. The Lessor delivers the Vehicle to the Lessee in apparent good working order and in good exterior and clean condition, and having passed the Lessor’s internal controls; with a pair of warning triangles and all your tires (including the spare) in good condition and without punctures. In case of deterioration and / or loss of any of the tires (for reasons other than normal wear, poor assembly or manufacturing defect), the Renter undertakes to immediately replace them, at his own expense, with other tires of identical characteristics and the same brand. and model, unless the deterioration and / or loss is the result of a traffic accident, theft or vandalism
The Lessee is prohibited from changing any technical characteristics of the Vehicle, the keys, equipment, tools and / or accessories of the Vehicle, as well as making any modification of its exterior and / or interior appearance (unless expressly authorized in writing by the Lessor). In case of infringement of this article, the Renter must bear the duly justified expenses of reconditioning the Vehicle to its original condition and pay an amount as compensation for immobilization of the Vehicle.
In case of damage to the vehicle or accident, the client is obliged to complete an accident report, whether responsible or not, with or without identification of a third person and must send it, within a period not exceeding 14 days, to the Insurance Department in our central office in Madrid.
Article 3. Price, duration and extension of the rental
The rental price is that expressed in the rental contract and is established based on the General Current Rate (in relation to services, taxes and insurance and / or optional exemptions) and the price agreed with the Renter at the time of making the rent, according to the selected rate.
The rental price includes the cost of the compulsory vehicle insurance and the complementary civil liability insurance and its corresponding taxes. This price does not include the price of insurance and optional exemptions, the contracting of which by the Renter, if applicable, must be done expressly, in which case the prices charged to the Renter for such concepts will be added to the total rental price.
The duration of the rental will be that agreed in the contract, and will be billed based on periods of twenty-four hours, counted from the time it was formalized.
In no case the amount guaranteed or paid at the beginning of the rental may be used for an extension of the same. In the event that the Lessee wishes to keep the Vehicle for a period longer than the initially agreed upon, the latter undertakes to obtain prior express authorization from the Lessor and to immediately pay the amount of the additional deposit for said extension, the price being applicable to the period of extension of the rent the one indicated in the General Current Rate.
The Lessee undertakes to return the Vehicle to the Lessor on the scheduled date and time and in the place agreed in the rental contract. The return of the Vehicle in a place other than the one initially agreed may involve additional charges, in accordance with the General Rate in Force. The service is only considered finished when the Vehicle and its keys have been received by the Lessor.
Article 4. Payments
The Lessee agrees to pay the Lessor:
The amount resulting from the application of the General Current Rate and the price agreed in the rental contract, corresponding to duration, insurance, optional exemptions, additional equipment and complementary services, according to the stipulated conditions, as well as the applicable taxes and fees.
The amount of the damages and / or thefts suffered totally or partially in the Vehicle not covered by the insurance contracted by the Lessee, as well as when the exemption applicable in each case has not been contracted by the Lessee.
The charge that is invoiced to the Lessee for the damages caused to the Vehicle will be calculated by the expert office, Assistance and appraisals or by an alternative external expert. When the entity of the damages, sotogrande experiences sl or it is possible to carry out said quantification a priori, the Lessee will pay the amount that results from the budget issued by the external workshop hired for this purpose by. The maximum responsibility of the Renter will be the value of the Vehicle in the market, according to the maximum price established in the Ganvam guide in force at the time of the incident.
The amount of the transfer and / or repair of damages to the Vehicle caused by the use of improper fuel. The calculation of said amount will be made in accordance with section
The amount corresponding to the fines for any violation of current legislation, especially the Highway Code, incurred by the Renter in the use of the Vehicle, as well as the surcharges for late payment by the Renter and legal expenses or extrajudicial actions incurred by the Lessor as a consequence of the foregoing.
The costs of obtaining a duplicate and / or shipping of the Vehicle key set to the corresponding office, in cases of loss, breakage, delivery of the Vehicle keys to an office other than the one for the effective return of the vehicle, or any other situation in which the vehicle is paralyzed for reasons attributable to the Renter. Likewise, the rental price corresponding to an extra day may be charged for the cost of the stoppage of the Vehicle caused in each case by any of the aforementioned incidents.
The amount of € 30 in the case of returning the Vehicle without the pair of emergency triangles.
The amount of € 200 in the case of returning the Vehicle without the documentation (certified photocopy of the driving license, certified photocopy of the vehicle’s technical sheet and vehicle insurance / green card).
The payment of the amounts outlined must be made by credit card, or in cash. In payments by credit card, the Lessor will request before the start of the rental an authorization from the issuing entity of the credit card an amount in guarantee of the Lessee’s payment obligations that will be determined according to the current rate of, or in sotogrande experiences sl or case, the rate of other supplementary services contracted by the Renter. This amount will be available at the request of the Lessor at the time of booking.
When the Vehicle is returned, the amount invoiced will be charged to the credit card provided by the Renter if the latter does not present another means of payment.
When payment is made with a credit card domiciled in a bank account in a currency other than that of the EU States, the Lessor will issue the invoice in the currency of that bank account, applying the exchange rate determined by Interbank Cardschemes plus a 2.5% additional charge for management.
Article 5. Taxes
All charges are subject to applicable tax. In Spain the taxes are: Peninsula and Balearic Islands: VAT 21%.
Article 6. Driving License
The customer must be in possession of their driving license, at least 2 years old and have reached the age of 21 for passenger cars and 21 for industrial vehicles.
Article 7. Maintenance and Repairs and Assistance
Mechanical wear due to normal use of the Vehicle is assumed by the Lessor. If the Vehicle is immobilized due to mechanical failure, the Renter must contact the Lessor or the Roadside Assistance Company arranged by the Lessor, and only with the latter. Charges will only be accepted on behalf of the aforementioned Assistance Company in urgent cases and when the Landlord has expressly authorized them.
The Lessee must periodically check, and replace if necessary, the engine fluid levels every 1000 km. tours, deducting the amount paid for it from the final rental price provided that the Renter presents the corresponding invoice.
The Lessee is not authorized to order the repair of the Vehicle, unless expressly authorized by the Lessor. In this case, the Lessee must present a detailed invoice for the repair carried out.
Article 8. Deliveries and collections in Spain
City Offices: Within office hours and in the office.
Upon request: Outside office hours and within city limits.
Article 9. Fuel
Sotogrande experiences sl rates do not include fuel in the price. Normally, we deliver the vehicle ready to enjoy and with enough fuel to get to the nearest gas station. If you leave less gasoline than we deliver, the difference will be charged to your account.
Article 10. Insurance and coverage
The vehicles of sotogrande experiences sl carry free of charge comprehensive insurance with a franchise of 900 euros per stroke, that is, if a vehicle was brought with several hits of sheet metal on different sides of the vehicle, they would have to pay up to 900 euros per arrangement in each different blow of the vehicle, Complementary Civil Liability and bond with unlimited guarantees. Vehicle insurance does not include coverage for the following concepts: acts of vandalism, theft of personal belongings, death or damage to the customer or occupants traveling in the vehicle, punctures, wrong fuel refueling, damage to upholstery and locks, damage on the underside of the car, driving under the influence of alcohol, damage to the engine due to negligence, loss or breakage of keys and remote control, damage caused to wheels and tires, damage or loss of the antenna, car jack, triangles safety, windshield wiper, tank cap, fire extinguisher, vest, documentation, damage due to misuse or clutch, damage caused to third parties due to negligence or reckless driving.
Article 11. Deposit
All vehicles require a deposit of €600, except the Citröen Ami which requires a deposit of €300.
This amount will be charged at the time of delivery and will be returned to the customer after the return if the vehicle is returned in the same condition as it was delivered.
Article 12. Km included
The price of the vehicle includes 150 km for each day. In the case of exceeding the established km, a supplement of €0.25 per extra kilometer will be charged.
Article 13. Reservation Cancellation Conditions
In accordance with the provisions of the EU Consumer Regulations, the client has no right of withdrawal in the reservation that he formalizes.
Sotogrande Experiences SL, allows you to cancel your reservation at any time and for any reason through our website.
We will refund the full amount paid if the cancellation occurs 4 days before the pick-up time of the vehicle that appears in your reservation made.
Reservation cancellations communicated less than 4 days before the vehicle’s pick-up time and less than 48 hours before the specified pick-up time will entail a loss of 20% of the amount paid for the reservation.
Reservation cancellations less than 48 hours before the specified pick-up time will not be entitled to any refund of your reservation.
The refund will be made in the same form of payment made.
Sotogrande Experiences SL reserves the right to cancel a reservation at any time in situations of Force Majeure.
Sotogrande Experiences SL reserves the right to cancel in case of breach of the rental contract by the client, a breach which includes the failure to pay any amount due for previous rentals made in which the client who has booked may have intervened. , the same lessee and / or driver of the vehicle who have been part of the signed rental contract.
It also reserves the right to cancel due to any arbitrary or illegal behavior towards workers or due to fraudulent or illegal activity committed with one of the vehicles of the Sotogrande Experiences SL brand prior to the rental contract to be signed. In all these cancellation cases, Sotogrande Experiences SL will reimburse the customer for the amount paid for the reservation.
APPLICABLE LAW AND JURISDICTION
These General Conditions will be governed by Spanish legislation, which will be applicable to what is not provided in them in terms of interpretation, validity and execution.