GENERAL TERMS AND CONDITIONS FOR VEHICLE LEASING

These General Conditions regulate the contractual relationship between Rent Electripower, S.L. (“the lessor”) and the customer (“the lessee”), by virtue of which the former grants the latter the use of a vehicle for the term, price and other conditions set out in the rental contract.

A. APPLICABLE LEGAL REGULATION

1. These General Terms and Conditions are subject to the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws, as amended by Law 3/2014, of 27 March; to Law 44/2006, of 29 December, on improving the protection of consumers and users, to the regional regulations in force in the place where the service is provided, as well as to any other regulation that replaces, complements or modifies the above, insofar as it may be applicable.

2. The lessee is obliged to comply with the General Rental Conditions in accordance with Spanish law.

B. USE OF THE VEHICLE

1. The Hirer undertakes for the period of his rental that the vehicle will be used and driven in accordance with the rules of the Highway Code, as well as in accordance with any other traffic or parking regulations in force at the place and time when the rented vehicle is used. If, in the event of non-compliance with the aforementioned obligation by the lessee and/or by any other driver during the rental period, an authority requests the lessor to identify the lessee, the lessor shall provide the lessee’s details in accordance with the applicable regulations and in coordination with external companies for this purpose. Thus, failure to comply with the obligation set out in the first sentence of this clause shall entitle the lessor to claim compensation from the lessee, which in no case may exceed the amount of 25 euros per case.

2. It is obligatory for the lessee to always carry his copy of the valid rental contract with him for the duration of the rental contract.

3. In case of using the vehicle for the transport of minors, it is forbidden to circulate with minors under twelve years of age as passengers on motorbikes or mopeds on any kind of road. The lessee must in all cases provide approved helmets suitable for the minor who is to use them, and must do so under his own responsibility in accordance with current traffic regulations. Likewise, in the event that said child helmet is requested by the hirer to RENT ELECTRIPOWER, the former will assume all responsibility with regard to the checking, correct fitting and use of the same. The lessor assumes no responsibility for personal and/or material damage, whether direct or indirect, deriving from its installation, failure to check and/or the use of the compulsory helmet by the lessee.

4. The vehicle may only be used on public roads.
It is expressly forbidden
a) To drive the vehicle on unauthorised or unpaved roads, or roads whose condition could pose a risk to the safety and integrity of the vehicle or a risk of damage to the vehicle;
b) To participate with the vehicle in races, speed and/or endurance tests, competitions or challenges of any nature;
(c) Using the vehicle for practice driving;
d) Using the vehicle for endurance testing of automotive materials, accessories or products;
(e) using the vehicle where there is a risk of damage to the vehicle, in particular using the vehicle after the indicator lights on the instrument panel have been illuminated;
(f) Transporting persons for consideration;
(g) committing criminal acts with the vehicle, even if such act is only considered criminal at the place of commission;
(h) Driving the vehicle in a reduced physical condition due to alcohol, drugs, fatigue or illness;
i) Using the vehicle to push or tow other vehicles or any other object;
j) Transporting in the vehicle toxic, flammable and generally dangerous substances and/or substances that violate the legal provisions in force;
k) Transporting the vehicle on board any type of ship, train, lorry or aircraft, unless expressly authorised in writing by the lessor;
l) To circulate inside the enclosures of ports, airports, aerodromes and/or similar areas not accessible to public traffic, as well as in the enclosures or installations of refineries and oil companies, unless expressly authorised in writing by the lessor.
m) Accessing with the vehicle without prior express written authorisation from the lessor to areas not permitted for the specific vehicle model in stipulation B.7 of these General Conditions.
n) Transporting the vehicle through the Eurotunnel, unless expressly authorised in writing by the Rental Firm.

5. The hirer must ensure that the vehicle’s load is correctly distributed and securely positioned, always respecting the weight, quantity and/or volume limits authorised and indicated in the vehicle’s registration certificate and/or the vehicle’s technical inspection certificate. Likewise, the lessee is responsible for ensuring that the number of occupants in the vehicle does not exceed the number authorised and indicated in the vehicle’s registration certificate and/or the vehicle’s technical inspection certificate.

6. The lessee is prohibited from assigning, subletting, renting, mortgaging, pledging, selling, encumbering or in any way giving as guarantee both the vehicle and the rental contract, the keys of the same, the documentation, the equipment, the tools and/or accessories of the same and/or any other part or piece of the same; or treating the above in such a way as to cause damage to the lessor.

7. It is strictly forbidden to take the vehicle out of Spain.

8. Cross-border travel: The Customer is authorised to drive the rented vehicle within Spain. Failure to comply with the prohibition to drive the vehicle outside of Spain, due to fault or negligence, is subject to a penalty of €150, which is a contractual penalty. Rent Electripower may also claim damages in excess of the above amount by proving higher damages. In such cases, the contractual penalty claim will be offset against any additional claims for damages arising from the same breach of obligations.

9. At the time of conclusion of the rental contract, the Hirer and any other person designated in the rental contract as driver must be present and present valid and valid driving licences in the country of rental, as well as their corresponding valid personal identification documents. The Rental Firm reserves the express right to refuse the rental of the vehicle in the event that the Hirer or any other person designated in the rental contract as driver does not duly prove their identity or that they hold a valid and valid driving licence at the time of conclusion of the rental contract. Driving licences in digital or electronic format will not be accepted unless expressly permitted by the applicable regulations. The vehicle may only be driven by the Hirer, as well as by those persons designated in the rental contract as drivers, provided that they are over 21 years of age and have the required driving licences. With regard to drivers under 21 years of age, specific charges will apply, the amounts of which are available in the Additional Charges List document. It shall be the Hirer’s responsibility that any driver is in possession of a valid driving licence for the countries in which the vehicle is used. The Hirer and the persons designated by the Hirer to drive the vehicle shall have the relevant data taken for the conclusion of the rental contract. This shall apply in particular when the authorities require the Hirer to identify the driver who has committed an offence. In the event that it is not possible to identify the driver, the Hirer shall be liable for the payment of any fines or penalties committed during the rental period. The following shall be considered valid for driving in Spain:
-1.Licences issued in European Union and European Economic Area (EEA) countries (Iceland, Liechtenstein and Norway), provided they are valid.
-2.In the case of countries outside the European Union and the EEA:
·Country permits that are written in Spanish or accompanied by an official translation thereof.
·Licences from countries which are issued in accordance with Annex 9 to the Geneva Convention or Annex 6 to the Vienna Convention, or which differ from these models only in the adoption or deletion of non-essential headings.
·International licences accompanied by the original foreign driving licence. Such licences shall be valid provided that:
·Not more than six months have elapsed since normal residence in Spain was acquired. Once this period has elapsed, the aforementioned licences are no longer valid for driving in Spain, and if you wish to continue driving, you must exchange the licence for an equivalent Spanish licence or, if this is not possible due to the absence of an agreement with the country of origin for the exchange, obtain a new Spanish licence.
·The driving licence is in force.
·The holder is of the age required in Spain to obtain an equivalent Spanish licence. The lessee shall be personally and jointly and severally liable for the persons driving the vehicle during the rental period.

10. Without prejudice to the lessee’s liability to third parties, if any of the obligations set out in this stipulation B are breached or if any of the circumstances set out in stipulations B.4, B.5, B.6, B.7, B.8 and B.9 occur, the lessor may terminate the contract with immediate effect, as well as claim compensation for damages, including loss of profit, which the breach in question has caused him. Similarly, in the event of breaches of essential obligations on the part of the lessor, the lessee may terminate the rental contract in advance before the initially agreed term has elapsed, in accordance with the provisions of current legislation and these general terms and conditions.

C. VEHICLE CONDITION

1. The lessor shall deliver and the lessee shall receive the vehicle described in the contract in a correct state of operation, maintenance and bodywork, without deficiencies, except for the observations that may be made upon receipt of the vehicle in the rental contract itself. In the event of finding any deficiency in the rented vehicle that is not included in the rental contract itself, it shall be the obligation of the lessee to inform the lessor’s office where the rental contract has been made and the vehicle is handed over, before moving the vehicle from the parking space where the vehicle specified in the contract is parked, so that said data can be incorporated into the rental contract that will be handed back to the lessee.

2. The Hirer shall receive the vehicle described in the contract with complete documentation, as well as the vehicle key, tools and accessories, in particular reflective waistcoats and warning triangles, which the Hirer must check at the time of handover of the vehicle at the start of the rental, reporting any deficiencies to the office where he rented the vehicle. The Hirer undertakes to use the accessories diligently and to return them in the same condition in which they were delivered to him. In the event of non-return of the accessories at the end of the rental contract, the lessee must pay the lessor the value of the accessories not delivered, based on the compensation charge for the same reflected in the Additional Charges List document. It is the Hirer’s responsibility at all times to lock the vehicle correctly when leaving the vehicle.

3. In the event that, during the rental of the vehicle, any of the indicator lights on the instrument panel illuminate, detecting a malfunction of the vehicle affecting the safety and integrity of the vehicle, or when the Hirer notices external signs indicating a breakdown or malfunction of the vehicle, the Hirer must stop the vehicle as soon as possible and contact the Rental Firm or the roadside assistance company arranged by the Rental Firm. Using the vehicle in case of risk is prohibited. Charges from roadside assistance companies not contracted by the lessor will only be accepted in cases of urgency, and must come from official workshops of the vehicle make and with the express written authorisation of the lessor. Likewise, tampering with the vehicle’s odometer is totally forbidden, and the lessee must immediately notify the lessor of any damage to the vehicle. Depending on the coverage contracted by the lessee in stipulation G of these General Conditions, a charge for roadside assistance may be applied, as specified in the List of Additional Charges document. Only in the event of mechanical failure not attributable to negligence on the part of the Hirer, regardless of whether or not cover has been taken out in accordance with stipulation G of these General Conditions, the Hirer shall not be liable for the roadside assistance service. Always and in any case, the Hirer shall be liable if he has made a prohibited use of the vehicle, as stated in stipulation B.4 of these General Conditions, as well as in case of negligence.

4. The Hirer undertakes to treat the vehicle with the care and diligence of a good family man and to keep it in the same condition as when it was delivered to him. The hirer must respect all the technical rules and regulations applicable to the vehicle and, in general, allow safety inspections or revisions to be carried out as appropriate and in accordance with the specifications of use of the type of vehicle. These inspections must be carried out by the workshops authorised by the Rental Firm, otherwise the Hirer will be liable for any damage resulting from the incorrect carrying out of inspections and/or unauthorised inspections and/or inspections that may be carried out on the vehicle. The lessee must lock the vehicle correctly. Smoking is prohibited in the rental vehicle.
Without prejudice to any other compensation for damages that may be due in accordance with the law, the Lessor shall be entitled to claim compensation for damages suffered if the vehicle shows material damage that has occurred during the rental period, regardless of the degree of damage, provided that the Lessee is legally or contractually liable. Among other concepts, the Lessor may claim as damages the amount referring to the material repair of the vehicle, the expert appraisal, processing costs, towing and tolls, always in accordance with current legislation. In the event that the lessee has contracted any limitation of liability as defined in stipulation G.2.1 of these General Conditions, the lessee shall be liable for the damage caused if it is outside the scope of said additional cover or for the amount of the possible excess contracted.

5. In the case of fully electric vehicles, the state of charge of the vehicle will be indicated in the rental contract at the time of delivery. At the end of the rental contract, the lessee must return the vehicle with a state of charge of more than 20%, otherwise an additional charge will be applied for the management of the recharging work (reflected in the List of Additional Charges document).
The lessee of an electric vehicle may be given a charging user name and password so that he/she can go to the charging points associated with said electric charging card and change the vehicle’s battery. The lessor is not responsible for the impossibility of recharging the vehicles at the recharging points associated with said card for reasons not attributable to the lessor.

6. The Hirer receives the vehicle with all its tyres in good condition and without punctures, (or failing this, a spare tyre), or in the case of vehicles equipped with the spare tyre system, the vehicle may be received without a spare tyre. In case of damage and/or loss of any of the tyres (due to causes other than normal wear and tear, poor fitting or a manufacturing defect), the Hirer undertakes to inform the Rental Firm. Tyre repairs and/or replacements must be carried out by workshops authorised by the Rental Firm, otherwise the Hirer will be liable for any damage resulting from incorrect replacement of the tyres.

7. It is prohibited for the Hirer to change any technical characteristics of the vehicle, as well as to make any modifications to its exterior and/or interior appearance (unless expressly authorised in writing by the Rental Firm). In case of breach of this stipulation, the Hirer must pay the Rental Firm the duly justified costs of reconditioning the vehicle to its original state and pay the Rental Firm a charge for compensation for loss of profit for the days of immobilisation of the vehicle, which will be established by reference to the certificate on loss of profit due to vehicle immobilisation issued by FENEVAL (Federación Nacional Empresarial de Vehículos de Alquiler con y sin Conductor), which determines the daily amount of the immobilisation. It is forbidden for the lessee to repair the vehicle himself or by third parties, unless expressly authorised by the lessor.

8. Subject to prior written authorisation by the lessor, in cases where, due to the net weight of the vehicle and the possibility of attaching a trailer to it, a supplement to the road tax must be paid, the lessee must make the corresponding arrangements and pay the same, with full indemnity to the lessor for any fees, taxes, surcharges, penalties or costs that may be imposed for non-compliance with the applicable regulations. The rented vehicle must be returned to the lessor in the same condition in which it was received.

D. RESERVATIONS

1. Vehicle reservations refer to vehicle categories. Reservation in a category does not entitle the Hirer to the allocation of a particular model within that category.

2. The lessor shall maintain the reservation of the vehicle until sixty minutes after the agreed time, and shall not be obliged to provide the service under the agreed conditions after this time.

3. Cancellations must be made at least 48 hours before the start of the rental.

4. In relation to prepaid rate bookings the following shall apply:
a) The maximum rental period for prepaid rate bookings is 27 days.
b) Changes may be made up to one hour before the start of the rental, in which case the hirer will be charged a change fee as specified in the Schedule of Additional Charges document, in addition to the difference between the initially selected rate and the rate to which it has been changed.
c) It is not possible to change from a prepaid rate reservation to a non-prepaid rate reservation.
d) The price to be applied after the change of the booking is the price of the rate valid at the time of the change. The Rental Firm will not reimburse any advance payment of the rental price already paid/prepaid in advance, nor any difference in price if a price difference arises after the change has been made.
e) In the event of a cancellation request prior to the start of the rental period, the lessor will charge a cancellation fee of 99 euros (including tax). No cancellation fee will be charged in the event that the final price of the reservation is lower than this amount, although the amount paid or paid in advance will not be refunded, as the right of withdrawal does not apply to vehicle rental contracts.
f) Cancellations can be made by e-mail (to the e-mail address “service@rentelectripower.com”).
g) In case of failure to collect the vehicle at the time specified in the reservation, the lessor will retain the total rental price already paid or paid in advance.
h) In the case of prepaid reservations, the Hirer must present the means of payment used to make the reservation. In case the Hirer does not present such a document, the Rental Firm will terminate the rental contract; the total price paid will not be refunded to the Hirer.

E. RENTAL CHARGES / DUE DATES / SECURITY DEPOSIT / FORM OF PAYMENT

1.The Hirer undertakes to pay to the Rental Firm:

1.1 The total price of the agreed rental, which is made up of the basic rental price, the price of possible additional services, possible location surcharges and any applicable fees or taxes. Additional services may consist, in particular, but not exclusively, of one-way charges, fuel and refuelling charges, top-up charges, toll charges, accessories and extras (e.g. child seat), delivery and pick-up charges, etc. (without the above being an exhaustive list). These shall be invoiced on the basis of the rates in force at the time of booking. If not booked in advance and/or unless a special price or bonus has been agreed, the rental charges listed in the rates in force at the time of the rental agreement shall apply.

1.2. The amounts corresponding to compensation for damages arising from the non-return of the rented vehicle in the same correct state of operation, maintenance and bodywork as it was received at the time of rental. The lessee is liable to the lessor for any damage occurring to the vehicle during the rental period, for partial or total theft of the vehicle and for damages arising from breaches of contract, except for the limitations of liability and optional coverage that the lessee has contracted (see stipulation G.2.1 of these General Conditions), in addition to that resulting from the application of the legal provisions in force that are not regulated in these General Conditions. If the limitations of liability included in stipulation G.2.1 of these General Conditions are contracted and a claim occurs, said limitations of liability will not be applicable in the cases listed below, and in these cases the lessee will be fully liable for the damages caused:
a) damages caused by him or by those persons for whom he is responsible, when there is intent or gross negligence;
b) in cases in which the hirer fails to submit the accident report and/or accident report or submits it late or incompletely, or enters false facts and data therein;
c) in the event of the omission of the duty to provide assistance or the omission of the obligation to request the presence of the police as stipulated in clause H, unless such damage has been caused without intent or gross negligence on the part of the Hirer;
d) in the event that the cause of the damage is an unauthorised driver;
e) in the event of contravention of the prohibitions of stipulations B.4, B.5, B.6, B.7 and B.8 of these General Conditions. The repair charges for which the Hirer is liable will be calculated by the independent and official expert selected for this purpose by the Rental Firm or by another expert chosen by mutual agreement of the parties. The amount thus determined – if applicable, the amount of the excess – will be claimed from the lessee together with other damages such as amounts corresponding to towing, tolls, the appraisal of the damage, the processing of the file, and any other concept, always in accordance with the law in force. The lessee is entitled to receive a copy of the expert’s report. In the event that the amount cannot be determined in this way, it will be determined by the repair shop’s estimate. The amount of compensation payable by the lessee for total loss shall be the market value of the vehicle prior to the expert’s appraisal of the vehicle at the time of the occurrence of the event. The lessor is entitled to claim both the consequential damage (including towing, expertise, legal costs, etc.) and the loss of profit due to the unavailability of the vehicle.

1.3. Charges for hiring additional equipment after the rental contract has been formalised and requested during the duration of the rental contract. These will be invoiced on the basis of the List of Additional Charges document at the time of contracting them and must appear in the new rental contract signed by the Hirer.
Charges for contracting additional optional services or coverage after the rental contract has been formalised and requested during the duration of the same. These will be invoiced on the basis of the price in force at the time of contracting them and must appear in the new rental contract signed by the Hirer. Once the keys to the vehicle have been handed over, additional optional cover can only be added within 30 minutes of signing the initial rental contract.

1.4. Charges for removal and/or repair of damage to the vehicle caused by the use of inadequate fuel in an incorrect refuelling, as stipulated in stipulation C.6 of these General Conditions.

1.5. The mileage in excess of that indicated in the rental contract made with the rented vehicle. The charge for the same shall be applied on the basis of the amount of the same reflected in the reserved rate.

1.6. Charges for obtaining a duplicate and/or sending the key of the rented vehicle, in the event of loss and/or damage to the same, as well as the transfer of the vehicle immobilised as a result of the above to the Rental Firm’s nearest rental office. These charges will be applied on the basis of the amount of the same reflected in the Additional Charges List document. Likewise, a charge will be applied to the lessee for compensation for immobilisation of the vehicle, which will be established taking as a reference the certificate on loss of profit due to vehicle immobilisation issued by the National Business Federation of Hire Vehicles with and without Driver (FENEVAL), which determines the daily amount of the immobilisation.

1.7. Charges for the replacement in the event of disappearance or loss of vehicle accessories such as, for example, the pair of emergency triangles, the reflective safety waistcoat and the first aid kit. These charges will be applied on the basis of the amount of these charges reflected in the Additional Charges List document.

1.8. Charges for the replacement of vehicle documentation in the event of its disappearance. These expenses shall be invoiced on the basis of the price reflected in the Additional Charges List document.

1.9. Charges for the special cleaning of the vehicle after its return in the event that it is delivered in such a state of dirt that the intervention of a specialised company is required. By way of example but not limitation, the following are considered to be states of dirt that require the intervention of a specialised company: vomit, ink stains, cigarette burns, mud, dirt caused by animals, etc. This charge will be applied on the basis of the price invoiced to the Hirer by the selected special vehicle cleaning company.

1.10. In rentals for periods of more than 28 days, the amount of the penalty for not returning the vehicle on the date indicated in the rental contract. This penalty will be applied on the basis of the amount of the penalty reflected in the Schedule of Additional Charges document.

1.11. The charge for the replacement and placement of the lessor’s advertising signage on the cargo vehicles in which it has been damaged or removed during the rental period. This charge will be applied on the basis of the amount of the charge shown on the Schedule of Additional Charges document.

1.12. Unless otherwise agreed in writing, the charge for the cost of returning vehicles to the origin of the vehicle to be returned to a branch other than the branch of collection, in accordance with the prices set out in the Schedule of Additional Charges document. This charge will be invoiced on the basis of the amount shown in the Statement of Additional Charges document, unless the lessee proves that the lessor has paid for expenses and/or damages of a lower value. The amount of the charge will be paid by the means of payment provided by the lessee. The lessor may claim additional items or a higher cost for such management as long as he can fully prove such higher cost and its attributability.

1.13 The amount for the administrative charge in the event of non-compliance with the agreed rental period. This charge shall accrue when the lessee returns the vehicle or the keys of the vehicle later than the time agreed in the lease contract without having agreed a new return period with the lessor. Its purpose is to compensate the lessor for the administrative steps to be taken by the lessor due to the vehicle not being available at the agreed time and also to obtain the return of the keys and the vehicle. This charge will be invoiced on the basis of the amount shown in the Additional Charges List document, unless the lessee proves that the lessor has paid for expenses and/or damages of lesser value. The amount of the charge will be paid by the means of payment provided by the lessee. The lessor may claim additional items or a higher cost for such management if he can fully prove such higher cost and its attributability.

2. Payment Due

2.1. The rental price stated in the rental agreement as well as any applicable cover, limitation of liability, additional equipment, ancillary services, taxes and charges are due and payable at the commencement of the rental.

2.2. In the case of rentals for periods longer than 28 days, the rentals are due and payable in 28-day periods, always at the start of each period.

2.3. In relation to prepaid rate bookings, the rental price and other agreed amounts are payable at the time of booking and will be charged to the valid payment method specified by the Hirer at the time of booking and will be payable by the Hirer on the day after the booking is made.

2.4. The lessee shall be in default on the day following the due date of the corresponding payment obligation, without any notice being necessary. In the event of default, the lessor may demand, in addition to the amount owed increased by three points on the basis of the legal interest rate, the expenses incurred by the lessor in claiming the amount owed and derived from the contract made.

2.5. The Hirer irrevocably authorises the Rental Firm and its authorised collection agent to deduct from the means of payment presented at the time of conclusion of the rental contract or subsequently provided by the Hirer in accordance with the applicable law, all amounts and charges arising from the rental of the vehicle and all other fees in connection with the rental contract, both those included in the rental contract and those which are calculable in accordance with the provisions of these terms and conditions and in the schedule of additional charges. The Hirer must grant the Rental Firm the corresponding authorisation using a bank card issued in his name.

3. Deposit at the beginning of the rental period

3.1. As a guarantee for the fulfilment of his obligations or liability, the Hirer must pay a security deposit at the beginning of the rental period. The amount of the security deposit is calculated by adding a fixed amount to the rental price, depending on the vehicle group to which the hired vehicle belongs. By way of example, for the rental of a vehicle of category CDMR=C***, a deposit equivalent to the amount of the rental plus 300 Euros will be applied.

3.2. The fixed amount is specified in the table below for each category of vehicle.
The security deposit obligation also applies to rentals made at prepaid rates and the Hirer is obliged to present the payment card with which he made the reservation to the Rental Firm in order to formalise the deposit.

3.3. The lessor is not obliged to invest/use the security deposit separately from the rest of his assets. The security deposit is not interest-bearing. The Rental Firm may be entitled to request that the security deposit be extended for a longer period after the commencement of the lease in the event that the rental period is extended or the price and any charges arising from the rental have not been paid by the Hirer.

3.4. The deposit will be provided by the lessee through the valid method of payment that is accepted by the lessor. The expiry of the valid method of payment used for the deposit must be at least 30 days before the end date of the rental contract. The tenant should note that if he wants to use a credit card as a method of payment, his PIN code will always be required.

3.5. Before the start of the rental period, the Rental Firm will request from the card issuer an authorisation for the corresponding amount as a deposit as a guarantee for payment obligations or liabilities to be assumed by the Hirer during the rental period. This amount will be available, at the request of the lessor, at the time of the formalisation of the rental contract. If it is not possible to make such a deposit, the lessor may refuse the rental to the lessee.

3.6. After returning the vehicle and having carried out the necessary checks on the vehicle, the amount invoiced to the lessee for the vehicle rental and other items as indicated in stipulation E.1 of these General Conditions, will be charged to the valid payment method provided by the lessor. From that moment on, the authorisation requested at the beginning of the rental from the card issuer as a deposit shall cease to have any effect whatsoever.

4. Method of payment

4.1. Unless another form of payment is agreed upon by the Rental Firm, the rental price, the deposit and all other agreed amounts specified in stipulation E.1.1 of these General Terms and Conditions will be charged to the valid payment method that the Hirer communicates at the time of the prepaid booking or at the time of the conclusion of the rental contract if the booking is not prepaid.
The lessor accepts Visa, MasterCard, American Express, Diners Club, Discover or JCB credit and debit cards as well as Airplus and Amex BTA/iBTA. Prepaid cards are not accepted as means of payment. The lessor does not accept Maestro/VPAY cards. The card must be in the name of one of the renters and the card must be physically presented in order to formalise the rental contract. The electronic terminals used by Rent Electripower accept digital wallet payments (Apple Pay, Google Pay, etc.) for Visa, MasterCard, American Express, JCB, Diners Club and Discover cards made via a mobile device, e.g. smartphones, smartwatches and tablets. This valid payment method communicated to the Rental Firm may not be changed by the Hirer at any time during the duration of the contract or after the end of the contract. In addition, the expiry date of the payment card used for payment must be at least 30 days before the end of the rental contract.

4.2. Charges for lost or broken additional equipment or accessories and/or additional complementary services that become apparent at the end of the rental contract will be charged to the same payment card. The Hirer may demand a breakdown of the items invoiced, and may contest the same within the legally established period.

4.3. In cases where previously authorised by the lessor, and after a solvency study, payments may be made against invoices, which will be payable 7 days after their issue, the lessor being able to collect the same by direct debit.

4.4. By contracting with the lessor and communicating the details of his payment card at the time of contracting or at a later time, the lessee authorises the lessor to charge to the same the credits that for the rental price, deposit and any other costs and responsibilities mentioned in these General Conditions, accrue in relation to the rental contract.

5. Invoicing

5.1. The lessee gives his consent to the lessor to send invoices to the addressee previously specified, in electronic format in accordance with current legislation, to the registered email address.

5.2. The lessee is responsible for ensuring that electronic invoices can reach him correctly or, if so agreed, to collect them in electronic format.

5.3. The lessee has the right to object to the sending of invoices in electronic format at any time, by express notice of such opposition. In this case, the lessor will send the paper invoices to the lessee.

5.4. The Rental Firm is not liable for possible interferences in the reception systems or other circumstances that prevent the correct reception of the invoices by the Hirer. An invoice is deemed to have been received by the Hirer as soon as it enters the Hirer’s area of control. If the lessor merely sends a notification and the lessee can download the invoice independently, or if the invoice is made available for downloading by the lessor, it is deemed to have been received as soon as the invoice has been downloaded by the lessee. The Hirer undertakes to carry out timely downloads of the enabled invoices at reasonable intervals.

5.5. If an invoice does not reach its destination or cannot be received, the Hirer will immediately notify the Rental Firm of this. In this case, the Rental Firm will send a copy of the invoice to the Hirer again, identifying it as a copy. As long as the malfunction that hinders the sending of invoices persists, the Rental Firm may send the invoices on paper until the interference is remedied.

5.6. In the event that the Rental Firm provides the Hirer with access data, such as user name or password, the Hirer must protect them from unauthorised third parties and handle such data strictly confidential.

5.7. If the lessor has knowledge that unauthorized persons have had access to confidential information, you must immediately notify the leaser.

F. RETURN OF THE VEHICLE

1. The duration of the rental shall be that initially agreed in the rental contract and shall be invoiced on the basis of 24-hour periods, counting from the time at which the rental contract was concluded. The Hirer undertakes to return the vehicle to the Rental Firm together with the keys, documents, accessories and additional equipment, at the latest at the time agreed in the rental contract and at the place agreed in the rental contract. In case of non-return, the Hirer is obliged to pay the Rental Firm the additional charges according to condition E.1. The service shall be deemed to be terminated when the vehicle and the vehicle keys have been received by the Rental Firm’s staff or the keys have been deposited in the Rental Firm’s electronic return boxes installed for this purpose. In the latter case, the date and time of return shall be taken as the date and time of the electronic reading made by the return boxes. Unless otherwise agreed in writing, the Hirer must return the vehicle within the business hours displayed at each of the Rental Firm’s branches. If the return of the vehicle has been agreed outside office hours, the hirer must park the vehicle in the office car park. The extras must be left in the boot of the vehicle, the brakes applied or the vehicle in the “park” position and the vehicle locked. The vehicle keys must be left in the electronic return box, together with an indication of where the vehicle has been parked. The Hirer must never hand over the keys to an unauthorised person, even if they appear to be an employee. The Hirer remains responsible for the vehicle until the Rental Firm actually locates the vehicle. If the Hirer agrees with the Rental Firm to return the vehicle “outside office opening hours”, he accepts that the Vehicle Return Protocol will be drawn up by the Rental Firm’s staff without his presence and after the keys have been returned.

2. The return of the vehicle at the agreed time is one of the essential obligations of the Hirer under the rental contract. The Rental Firm always offers a courtesy period of 30 minutes. A late return of the vehicle prevents the Rental Firm from renting it out again as scheduled. If the Hirer does not return the vehicle at the agreed place within 30 minutes after the return time agreed in the contract (grace period), the Hirer is in breach of an essential obligation under the rental contract. A contractual penalty will be applied in the event of such a breach. For every 24-hour period that has begun, in which the agreed return time is exceeded after the grace period has expired, this contractual penalty corresponds to the daily rental price at the public rate applicable at the place of return for unreserved customers. The landlord reserves the right to claim damages for a higher amount, in the event that they occur, proving their amount and attributability. The special rates are only valid for the periods specified in the offer.

3. If the Hirer returns the vehicle in advance of the scheduled date without notifying the Rental Firm, the Rental Firm is not obliged to apply any reduction on the rental price. An early return of the vehicle shall be deemed to exist when the Hirer returns the vehicle before the day and time specified in the contract. A higher standard price may also apply if, for example, the conditions for a special rate are no longer met. In this case, however, the originally agreed rental price will not be exceeded. In any case, the lessor may decide to apply a 50% discount on the amount for unused rental days (24-hour periods). The maximum amount to be paid by the client for unused rental days is a maximum of 181.50 Euros (incl. VAT / 172.50 Euros incl. IGIC). If the Hirer has already paid the rental costs in order to benefit from the “prepayment – prepayment in advance” rate, he shall not be entitled to any refund. This refund rate does not apply to prepaid rates, in accordance with section D.3 of these general terms and conditions The administrative charge for early return does not apply to prepaid rate bookings.

4. It is the Hirer’s responsibility to ensure the effective delivery of the vehicle at the place agreed in the rental contract. If the vehicle is returned to a place other than the agreed place for reasons not attributable to the lessor, an administrative charge will be applied, as described in section E.1. and for the amount indicated in the Additional Charges List document. In the rental contract a certain branch is agreed as the place of return of the vehicle at the end of the rental. The rental contract in which it has been agreed with the lessee to return the vehicle to a different office of the lessor than the one where the vehicle has been handed over to the lessee. Transport charges are applied to this type of rentals according to the amounts shown in the Additional Charges List document.

5. The amount paid by the tenant to the landlord as a security deposit at the beginning of the rental contract cannot be used to extend the duration of the contract. The rental contract may be extended for a longer period than agreed upon written authorisation by the landlord, provided that the tenant requests it three days before the end of the rental contract. The extension may be made by telephone for a period of up to five additional days only once per rental contract. The Hirer undertakes to immediately authorise, on the means of payment already provided, a guarantee additional to the one initially provided, covering the extended period, the price applicable to the extended rental period being that corresponding to the rate in force at that time. It is the tenant’s responsibility to go to the landlord’s offices to obtain the new rental contract with the corresponding extension. The landlord may refuse to extend the rental agreement. The original contract shall also apply in the event of vehicle replacement and rental for periods of more than 28 days.

6. In rentals for periods of more than 28 days, the lessee must come to the lessor’s offices on the date shown on the rental contract to have the vehicle serviced and to respect the maximum mileage limitation indicated in the rental contract. If the lessee does not comply with this obligation, the lessor may charge him/her the corresponding charge reflected in stipulation E.1.13 of these General Conditions.

7. In the event of non-return of the vehicle by the lessee on the scheduled date and after three days of delay in the return without the contract having been extended, the lessor will understand that there is a misappropriation of the vehicle and will proceed to report these facts to the competent authorities.

8. The Hirer is obliged to return the vehicle to Rent Electripower during the term of the rental contract for good cause. Justifiable causes include, among other things, the performance of inspection, maintenance or repair work on the vehicle, recall notices from the manufacturer, reaching a certain mileage or a certain period of fleet ownership. In such cases, upon return of the vehicle, the Hirer shall receive a replacement vehicle for the remainder of the rental period in accordance with the reserved vehicle category. If, contrary to the above instructions, the hirer does not return the vehicle to Rent Electripower or does not return it at the requested time, Rent Electripower is entitled to terminate the rental contract without prior notice and to demand compensation from the hirer in the event of damages, all in accordance with the applicable law.

9. At the time of return, the vehicle must still have a remaining driving range of at least 40 km according to the on-board computer display. If the Hirer returns a vehicle that does not have the aforementioned remaining range, he shall bear the additional costs for refuelling or recharging specified in the price list.

G. COMPULSORY LIABILITY INSURANCE / OPTIONAL COVERAGES AND LIMITATIONS OF LIABILITY / ADDITIONAL SERVICES

G.1.- Compulsory Civil Liability Insurance.

1. The rented vehicle includes compulsory Civil Liability insurance with cover for personal injury and material damage arising from the use and circulation of the vehicle with the guarantees and amounts provided for in current legislation, in accordance with European Union regulations.

2. This cover is guaranteed and is assumed by the insurer with whom the lessor has taken out the corresponding insurance policy. By signing the rental contract, the lessee adheres as insured to the aforementioned policy.

3. The insurance is valid in the countries specified in the rental contract.

H. ACCIDENTS / THEFT / OBLIGATION TO REPORT

1. In case of accident, theft, fire, damage caused by animals or by the effects of nature, and in general in any case of damage, the lessee or the driver must notify the police or the corresponding security forces immediately, as well as do whatever is necessary to protect the interests of the lessor. The police must also be informed of what has happened in the event of an accident caused by the Hirer’s own fault and/or without the intervention of third parties and especially when the vehicle is immobilised or when continuing to drive it would mean a danger to traffic safety. If it is not possible to contact the police, the hirer or driver must go to the nearest police station. They must also complete a descriptive accident report (friendly declaration), whether they are responsible or not, and with or without the involvement of a third party. If a crime has been committed, if there are injuries and/or if the culpability of those involved needs to be investigated, it is the tenant’s obligation to report it immediately to the police.

2. In the event of an accident with the other party, the Hirer must fill in an accident report on the standard form that can be found in the vehicle documentation and inform the Rental Firm in writing immediately, and always within a period not exceeding 24 hours, of all the details of the accident, by means of a copy of the accident report, the original of which must be delivered within a maximum period of two days. If the other party refuses to sign an amicable statement, the lessee must request the presence and collaboration of the police and also provide the lessor with a copy of the corresponding report.

3. The Amicable Accident Declaration shall be filled in completely and with the maximum possible degree of detail, both with regard to the damage and the circumstances in which it occurred. The Hirer undertakes to sign and to collect the signature of the other party, if any, on the Friendly Declaration of Accident. If the other party refuses to sign, the Hirer must request the presence of the police on the spot to clarify the facts, otherwise the Hirer will be considered responsible for the accident, unless proof to the contrary is provided by the Hirer.

4. The Hirer or driver must take all measures that are useful and convenient for the clarification of the accident. This includes in particular the duty to answer fully and truthfully the questions of the Rental Firm concerning the circumstances of the accident and the duty not to leave the scene of the accident before the necessary and meaningful findings have been made, in particular to enable the Rental Firm to assess the accident, and not to prevent the Rental Firm from making such findings. The lessee authorises the lessor to request a copy of the accident report or statement from the authority or security body in question.

5. The loss or theft of the vehicle does not automatically imply an obligation on the part of the lessor to provide the lessee with a replacement vehicle.

I. RESPONSIBILITIES

1. The liability of the lessor extends to damages caused by his employees and other persons for whom he is liable according to law, in cases of intent or gross negligence, unless the lessor proves that he has used the diligence of a good father to avoid the damages. The compensable damages for breach of contract will only extend to foreseeable consequential damage (including cranes, expert reports, legal costs, etc.) and reasonable and in no case to mere expectations.

2. The Hirer and other authorised drivers shall be liable without limitation for the infringement of any provision of law that they commit during the term of the contract, especially for traffic offences. The lessee shall indemnify the lessor against any penalties, fines, fines, fees, surcharges, and in general costs of any kind imposed by the authorities.

J. TERMINATION OF THE CONTRACT

1. The parties shall have the right to terminate the contract if there is a legal cause for termination. The lessor will have the right to terminate the contract with immediate effect, in the event that the lessee is more than seven days late in the payment of any overdue amounts or in the event of other just cause. In this sense, the following will be considered as just cause: – The return of receipts, cheques or charges on a card or means of payment provided, unless the lessee proceeds to pay within seven days, or failure to comply with the payment conditions previously agreed with the lessor. – In the event that the lessee uses the vehicle in a way that is not suitable for its destination or causes damage to the vehicle with intent or gross negligence, including the lack of maintenance or checks when obliged to do so. – Breach of applicable transport regulations; – Breach of any of the prohibitions included in stipulations B.4, B.5, B.6, B.7 and B.8 of these General Conditions; – And in general, when the continuation of the leasing relationship is not demandable, given the circumstances, for example, in the event of a high accident rate or repeated exceeding of the maximum mileage.

2. In the event of termination of the contract, the lessee shall be obliged to immediately return the vehicle, keys, documentation and accessories. In any case, the lessor shall have the right, upon termination of the contract, to remove the vehicle from the place where it is located.

3. In the event of termination of the contract, the lessor may claim for damages caused by the termination of the contract, which includes not only consequential damages (including towing, expert opinions, legal costs, etc.) but also loss of profit due to the unavailability of the vehicle (which shall be established by reference to the certificate on loss of profit due to vehicle stoppage issued by the Federación Nacional Empresarial de Vehículos de Alquiler con y sin Conductor – FENEVAL – which determines the daily amount of the stoppage).

K. GENERAL PROVISIONS

1. The hirer is entitled to receive a copy of these General Terms and Conditions in English.

2. The offsetting of claims will operate in accordance with the applicable law. In this respect, the security deposit can only be offset after having verified that the Hirer has fulfilled all his obligations, in accordance with stipulation E.3.5 of these General Conditions.

3. If there is more than one hirer or driver, they will all be jointly and severally liable to the lessor.

4. All rights and obligations arising from these conditions and the contract will be extended to the authorised drivers.

L. MODIFICATIONS

1. There are no agreements between the lessee and the lessor that are not reflected in writing in the rental contract or in these General Conditions. Any modification thereof must be made in writing and signed by both parties.

M. CUSTOMER SERVICE, LEGISLATION AND JURISDICTION

1. If you have any queries or complaints, you can contact our Customer Service Department in the following way:
– By sending an e-mail to the address service@rentelectripower.com indicating in the subject field the number of the rental contract.
– Directly at any of our branches, where you will be given a form for this purpose.
– By sending a letter to Rent Electripower, Calle del Canal de Sant Jordi 29, local 2, Polígono Son Oms, 07610 Palma de Mallorca, Spain, for the attention of the Customer Service Department.
– By contacting us by telephone on 871.18.06.34.
– In accordance with the provisions of article 3.4 of Decree 472/2019, of 28 May, which regulates the complaints and claims forms for consumers and users in Andalusia and their administrative processing, the following link https://www.rentelectripower.com/fileadmin/sys/agb/CartelInformativoContratacionElectronica.pdf provides the addresses to which you can submit, or request the submission of, complaints and claims forms in paper or electronic format.

2. In accordance with Art. 90 of the General Law for the Defence of Consumers and Users (Law 1/2007, of 16 November) in the event of any discrepancy that may arise in the interpretation or execution of these General Conditions, the parties expressly submit themselves to the Courts and Tribunals of the place of fulfilment of the obligation.

3. Exclusion of the right of withdrawal: In accordance with article 103 section “l” of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the Client has no right of withdrawal, i.e. it is not possible for the Client to revoke their declaration of intention to enter into the rental contract.

N. USE OF THE APP

1. The Hirer is prohibited from disclosing access data (e.g. login, pin, user name, password, etc.) for Rent Electripower services to third parties (e.g. for the Rent Electripower App, user account, etc.) and must ensure that these are not accessible to third parties. No written access data must be saved in order to prevent third parties from accessing the Rent Electripower services. Loss of access data must be reported to Rent Electripower by e-mail (service@rentelectripower.com). Access data is not transferable.

2. For certain services, Rent Electripower will require the Hirer at regular intervals to provide proof of a valid and valid driving licence. If the Renter wishes to use services such as digital rental (e.g. Rent Electripower Mobile Check-in), Renter will be required to present his or her driving licence to Rent Electripower before the rental begins, in accordance with the procedure specified by Rent Electripower.

3. In the event of withdrawal of the driving licence or the existence of other circumstances restricting the driving licence (e.g. restriction of the driving licence, temporary retention or confiscation of the driving licence, driving ban by court or official order), the Hirer or additional driver(s) concerned are prohibited from driving the hired vehicle from the moment of the occurrence of these circumstances.