1. The Rental Company:
The Rental Company is First Car Group Spain S.L. hereafter called FIRST. CIF no.: B 29.100.740. FIRST, First Car Group, Dany Car, Scandia Car, Costa Car and Pacific Car are all registered trademark of First Car Group Europe S.L.2. The person contracting the rental / the driver:
For all other groups, the minimum age is 25. For drivers aged 70 or over, a Senior Insurance must be taken out. The renter must have held a valid driving license for more than one year at the time of renting the vehicle. Additional drivers must be approved by FIRST, be named in the rental agreement and meet the same rental conditions required of the renter. All drivers must sign the rental agreement.
3. Purpose of the Contract:
The purpose of this contract is to provide the rental vehicle without a driver detailed in the special conditions of this contract, to the person detailed in the special conditions for the private transportation of passengers and their luggage.
The police and the rental company require that the contracting party carries a copy of the contract inside the vehicle throughout the entire rental period and provide their credit card address / place of accommodation as well as a contact telephone number. It is considered a criminal act if the contracting party is not staying at the address provided or if his/her credit card is cancelled or if FIRST is unable to access the contact telephone number provided.
4. Joint Liability
All contracting party (renter as well additional drivers) will be jointly liable to comply with the renters obligations to this contract, and according to the laws that govern it.
5. Rental Period:
The rental period is that mentioned in the special conditions of the rental contract. Normally payment for unused rental days will not be refunded or reduced. Neither will the insurance. FIRST has the right to collect the vehicle at any moment, and will only be obliged to refund the excess rental paid at the time of taking out the rental contract.
If the renter wishes to extend the rental contract, FIRST must be notified at least 24 hours prior to the expiry of the contract, in order to draw up another contract. The minimum contract extension is for 1 day (24 hours). The terms and conditions of the original agreement shall apply during any extended rental period and the renter agrees to pay a charge for such extended period in proportion to the rates that are in force at the time of the extension. Apart from the payment of the additional rental days the renter will be charged a fee of 60€, if the contract is not extended or if it is extended after its expiry. FIRST shall under no circumstances be under an obligation to extend the rental period and may demand that the vehicle be returned at the expiry of the original contract.
The vehicle will immediately be reported as stolen to the Police if it is not returned by the contracted deadline.
Should the vehicle be put out of use or involved in an accident following the termination of the contract, the contracting party is obliged to pay for all damages and repairs, as the vehicle is not insured without a valid contract.
The action of using the vehicle after the contract has expired is considered, in accordance with section 9 of this contract, as non-authorised use. It is compulsory that the vehicle is returned to FIRST prior to the expiry of the agreed rental period.
The vehicle must be returned to the place specified in the contract. If the vehicle is returned to Malaga Airport public parking at a time when the FIRST’s office in Malaga is open for the return of vehicles, the cost of the public parking and a recovery fee of 20 € will be charged.
6. Rates:
Our ALL INCLUSIVE RATES include unlimited mileage, obligatory insurance as stipulated by Spanish law and 18% VAT.
The rental price does not include fuel. Rental rates will be adjusted to the current prices displayed in the office and which the contracting party declares to have seen prior to signing this contract, specifically regarding the type of vehicle and contract module that he/she has contracting. The rental rates are detailed in Euros, and may be modified without prior notice. These rates will be published in the same way as the current prices.
7. Insurance:
The insurance includes a fully comprehensive insurance (CDW - Collision Damage Waiver), an insurance for fire and theft of the vehicle, and an insurance for personal damages (PAI, Personal Accident Insurance).
The client will be responsible for damage arising from the inappropriate use of the vehicle requested in Section 8 and 9 and for any damages that are not covered by any of our insurance options, for example, damage to the interior of the vehicle (due to cigarettes that are not properly put out, etc.) and other accessories, punctures, changes of tyres and impact of stones on the front windscreen, Nor does our insurance options cover personal belongings left, stored or transported in the vehicle.
8. In the event of an accident or a criminal act against the vehicle (see below section 9), the contracting party of the rental is obliged to:
A. Notify the police immediately.
B. Fill in an official accident rapport such as the one located in the rental vehicle providing as a minimum the following information: License Plated of all the vehicles, the names, addresses and national identity numbers of all parties involved together with the names of their insurance companies and, if possible, the insurance policy numbers.
C. Briefly describe the incident and make a note of the names and addresses of potential witnesses.
D. Not to admit fault or come to any agreement in relation to the incident.
E. Not to abandon the vehicle without having taken the necessary precautions to ensure that the vehicle in question is not further damaged.
F. Immediately contact FIRST, for example by phone to 952-24-50-80.
FIRST. is not obliged to offer another vehicle to replace the damaged car in the case of an accident or in the case of a criminal act
9. Examples of Criminal Acts against the vehicle:
A. Theft of the vehicle.
B. Theft of parts of the vehicle, whether they are internal or external, for example the wheels, tyres, seats, etc.
C. Forced entry into the vehicle causing damage to glass or bodywork.
D. Vandalism to the vehicle.
The quoted list of examples is not limited
10. Non-authorised use of the vehicle:
Use of the vehicle with the precautions inherent to its qualities is obligatory. It is obligatory to fulfil current traffic regulations for vehicles with an engine and avoid any situation which may damage the vehicle or third parties. Likewise, it is the obligation of the renter to ensure that the vehicle is not driven by any person not included in the rental contract. However, if this were to occur, all expenses and costs arising from damages caused to the rented vehicle or to third parties will be passed on to the renter. Any use which goes against the details in this point will be considered as non-authorised.
Damage caused to the interior and exterior of the vehicle as a result of non-authorised use is the sole responsibility of the person who rented the vehicle. In the event of the non-authorised use of the vehicle, the renter is obliged to pay all of the costs and expenses incurred, which will be debited from the credit card number provided or will be deducted from the deposit paid or will be paid directly in cash, with the full consent of the driver. If this is not feasible, the debt will be remitted for payment and the driver will pay for all expenses and costs incurred. Non-authorised use includes, but is not restricted to the following examples:
A. Use of the vehicle to tow or push other vehicles.
B. Driving in areas that are not intended or prepared for public traffic, such as beaches, racing tracks for vehicles with an engine, etc.
C. Driving in some area in such a way that the under-body of the vehicle is damaged.
D. Ignoring the warning signals of the vehicle.
E. Transportation of animals.
F. Transportation of passengers or goods which involves payment, either directly or indirectly.
G. Sub-renting the vehicle.
H. Overloading the vehicle with more passengers or luggage than established in its registration.
I. Loading the roof of the vehicle with luggage without using a roof rack.
J. Leaving objects on display inside the vehicle.
K. Excessively dirtying the interior of the vehicle.
L. Driving the vehicle while tired, exhausted or sick, or under the effects of alcohol, medicine or drugs.
M. That the vehicle is driven by a person who is not included in the contract.
N. Leaving the Iberian Peninsula.
O. Late return of the vehicle. (If the period agreed in the contract is exceeded by one tour, this will be calculated as an extra day’s rental.)
P. Use of the vehicle following the termination of the rental period.
11. Loss of Keys and vehicle registration documents:
It is the driver’s responsibility to pay any costs related to the making of new car keys or new car registrations documentations. A recovery fee of 30 € will simultaneously be charged.
12. Lost Property:
At the end of the rental period, the driver is obliged to empty the vehicle of personal belongings. FIRST can’t be held responsible for belongings found in the vehicle.
13. Non-compliance of Traffic Regulations:
The driver must immediately pay all fines and expenses incurred in relation to the non-compliance of the traffic regulations including for speeding/parking violations during the renting period, even in the case that this infraction has not been confirmed. The driver must always notify FIRST of any fine that has been imposed. The payment of the fine is not covered by any of our insurance options.
In the event that the vehicle is confiscated by the authorities as a result of actions or failure to act by the driver, the driver is held responsible and is obliged to free FIRST of any economic damages.
14. Fuel:
Fuel costs are not included in the rental rates. As an additional service to the client, the vehicle is provided 1/4 tank. At the end of the contract, the value of the remaining fuel will be returned at the same price as it was charged (1/4, 1/2, 3/4 and 4/4).
The consequences of using the wrong type of fuel are not covered by any of our insurance options. It is the driver’s responsibility to pay any costs including mechanic work to repair damage related to using wrong type of fuel and any other damages related to non-authorised use of the vehicle as stated in section 10. A recovery fee of 30 € will simultaneously be charged.
15. Maintenance:
The driver receives the vehicle in perfect condition and is obliged to maintain it in the same conditions. No repairs may be made to the vehicle or spare parts replaced without the written consent of FIRST
16. Payment:
All services are paid for in advance.
17. The Framework Agreement:
The rental conditions are considered as a framework contract and are valid for all agreements which the driver may enter into with FIRST
18. Use of Personal Details:
The personal details of the driver may be held on file or in a database. The driver may access and control these files and databases or modify them or delete them. FIRST reserves the right to use and work with this information without the prior request for authorisation from the driver.
19. The corresponding jurisdiction and prevailing legislation:
This rental contract is subject to Spanish legislation. The parties are bound to the legal jurisdiction where the vehicle is collected, and both parties expressly renounce any other jurisdiction that might be available to them in the case of disagreement or a lawsuit in relation to this contract.
Reviewed on 26th April 2010