GENERAL CONDITIONS OF THE CONTRACT FOR RENTAL OF VEHICLES WITHOUT DRIVER IN SPAIN

GENERAL CONDITIONS OF THE CONTRACT FOR RENTAL OF VEHICLES WITHOUT DRIVER IN SPAIN

1. GENERAL PARTS AND OBLIGATIONS. VIVA CARS (AUTOMOVILES JUAN CALPE, SLU), as the lessor, rents to THE CLIENT that the vehicle object of this contract (or the one that could be substituted in replacement of the same if necessary) is rented to tenant, subject to the terms, conditions and rates established in this document – and / or in any existing annex to it – and that THE CLIENT undertakes to comply, expressly stating that he has read and accepted the conditions established in this contract, without any doubt or disagreement being expressed in this regard. . THE CLIENT is expressly warned that VIVA CARS, may not meet the demands made for the provision of the services offered, in those cases where it is duly justified that the applicant has breached the terms and conditions of the contracts concluded with previously with VIVA CARS, both in cases of non-payment of the services provided and in those cases in which there has been an undue prolongation of the contracted services without the corresponding knowledge or authorization from VIVA CARS, and all this according to the possibility expressly contemplated in the regulations currently in force regarding consumers and users that may be applicable. In order to objectively minimize the risks arising from the driving of motor vehicles, those persons: 1st.-) who are under the age of twenty-one (21) years cannot be included as drivers in the contract concluded on the leased vehicle. However, the foregoing and in accordance with the rates in force and published by this company, the CLIENT is expressly warned that drivers who are at the time of signing the contract between the ages of 21 and 25 must pay the extra charge indicated as a «young driver». While those whose age is over 75 years must pay the corresponding extra charge indicated as «senior driver». 2º.-) That they have a circulation permit of less than one (1) year. 3rd.-)  That they do not display the original document of their driving license at the time of the subscription of this document. 4th.-) That they have a driving license that carries legal and / or criminal charges. 5th.-) That at the time of hiring they present a manifest physical or mental disability, which induces that they do not present conditions suitable for driving. THE CUSTOMER expressly undertakes not to allow the driving of any person other than those who appear as drivers in the contract signed for this purpose, taking responsibility for any damage or injury caused to the vehicle or to third parties in such case. For Spain and Portugal: In the same way and in order to avoid the possible risks caused by boat trips or any other means of transport that would be necessary to use in these cases, THE CLIENT expressly undertakes not to move with the leased vehicle to the Autonomous cities of Ceuta and Melilla, to the Canary Islands, or anywhere in the Balearic Islands. Nor may THE CLIENT travel with the leased vehicle outside the national territory, unless their intention to do so has been expressed in the VIVA CARS office, at the time of contracting the same, in which case they must subscribe the existing additional insurance that will empower to move through the territories of Andorra, France or Portugal, the only national territories in which the circulation in that case would be allowed. Nor can THE CLIENT travel with the leased vehicle outside the national territory.Failure to comply with any of the obligations expressly assumed by each of the parties to this contract, will empower the other to demand compliance or terminate it, as well as to adopt the appropriate measures for the recovery of the vehicle (in case of breach by the lessee), or for the return of the amounts delivered (in case of default by the lessor), and all this without prejudice to the possibility of claiming the damages that could have been caused as a result of said breach. This lease of the vehicle without coqnductor will be made so that THE CLIENT can use and dispose of it for their particular use, expressly assuming the civil, administrative or even criminal responsibility that could arise from improper use of the same or the commission of any type of administrative or criminal offense that could be carried out with it. VIVA CARS offers the possibility of renting mobile wifi devices (MIFI) as a complement to the rental of the vehicle. In this case, THE CLIENT is directly responsible for the use made of the equipment supplied, both by it, and that of third parties in charge, or minors, not assuming VIVA CARS any responsibility to third parties for the use that MIFI is made of them. The commission by THE CLIENT of any type of action from which some kind of civil liability could be derived to which VIVA CARS should face, or that could be constituting an administrative or criminal infraction, will empower it to claim not only the amount of compensation or penalties that you would have had to face, but also the amount to which the damages caused as a result of the impossibility of using the vehicle object of this lease contract amount.Notwithstanding the foregoing, THE CUSTOMER is expressly warned of the consequences that could be derived for VIVA CARS from the application of Law 4/2014 of June 20, on land transport and sustainable mobility of the Balearic Islands, so that CLIENT expressly states that it will neither use nor permit the use of the leased vehicle for the conduct of discretionary public passenger transport without the perceptual authorization or licensing license. In the event that the vehicle object of this lease was denounced by the members of the State security forces, or by any other authority authorized for that purpose, or by the conduct of the aforementioned conduct, VIVA CARS expressly reserves the The right to exercise in front of THE CLIENT how many actions could correspond to him in all jurisdictional areas, and in particular the initiation of the corresponding criminal process for an alleged crime of fraud, expressly typified in article 248.1 of the Criminal Code, punishable by penalties of up to three years of imprisonment 2.- USE OF THE VEHICLE BY THE LESSEE. VIVA CARS expressly states that the vehicle delivered has passed the mechanical checks and internal controls carried out, being in the general state that is recorded on the sheet signed by THE CLIENT for that purpose, and having the necessary documentation, tools and appropriate accessories, as well As with all tires (including replacement) in good condition and without punctures. THE CUSTOMER expressly agrees to: – Keep it in good condition. – Respect the rules of the Traffic Code, according to the specifications of use of the type of vehicle in question. In particular, the parties expressly agree that the conduct of any conduct that involves a violation of the Traffic Code or the commission of a crime against traffic safety will be considered as an essential breach of the obligations assumed in this contract, which may give place to the resolution of the same and to demand corresponding compensation for the damages and losses caused, including those corresponding to the administrative, management or procedural expenses caused by the intervention of VIVA CARS in the disciplinary administrative files, or in the criminal proceedings initiated as a consequence of such behaviors. * Do not transport people or merchandise or carry out activities for the purpose of subletting the vehicle, which violate the Law or the legal provisions in force or whose number (weight, quantity and / or volume) exceeds the limits specified by the vehicle manufacturer or laws. * Do not drive under the influence of alcoholic beverages, drugs, other narcotic substances, not with the physical abilities diminished by fatigue, illness or any other circumstance that discourages driving. * Do not use it to push or tow other trailers or rolling objects or not. * Do not participate in competitions, official sports races or not. * Do not use or perform resistance tests of materials, accessories or car products not provided and / or authorized by VIVA CARS * Do not transport flammable, dangerous, radioactive, toxic and / or harmful goods. * Do not give collateral, pledge, sell, rent, assign, mortgage, lend or even vary or modify any part of the vehicle – including documents, keys, tools and accessories – or the vehicle itself. * Close the vehicle, park in a suitable, adequate and safe place when it is not being used and keep its documentation inside. * Immediately stop the vehicle if there is the least external or explicit indication (indicators) that presume the existence of a technical failure. In these cases, THE CUSTOMER should contact the office of VIVA CARS or the Assistance Company designated by the latter as soon as possible, refusing to pay the charges that may arise from the use of different assistance companies, except in the case of maximum urgency. Do not drive with the vehicle leased by non-walkable areas or by unpaved roads that are not suitable for traffic, as long as they can cause damage to the lower body and / or other types of damage. Smoking is prohibited in the vehicle. 3.- RETURN OF THE VEHICLE. The vehicle will be returned in the same state in which it is delivered and with the same documents, accessories and equipment at the place, date and time agreed upon as the end of the contracted lease period. THE CUSTOMER expressly assumes the legal consequences derived from the alterations made in the leased vehicle that has not been expressly authorized by VIVA CARS. Under no circumstances shall the lease contract be understood as tacitly extended, due to the fact that THE CLIENT does not proceed with the return in issue arrived on the agreed date of completion of the same, requiring express written authorization from VIVA CARS for said extension. THE CUSTOMER will be responsible for any damage caused to the vehicle after the end of the lease term and until it is returned, while VIVA CARSmay claim compensation that may be due for damages. In addition, VIVA CARS may initiate the appropriate judicial actions to demand compliance with those expressly agreed between the parties, including urging the corresponding criminal action for possible misappropriation for which the State security forces are urged to proceed with the detention and immobilization of the vehicle. 4.- CHARGES FOR RENT. Under this lease, THE CLIENT will be obliged to pay * Derivative charges for the rental of the vehicle and taxes and charges for the replacement value for loss of documents, accessories and / or tools. * In cases where it is necessary because the return of the vehicle occurs by presenting a state of dirt not consistent with normal use of the vehicle, an additional cleaning charge for a maximum amount of € 100, after justifying the amount of the service provided . * In the cases in which THE CLIENT modifies the conditions agreed in the contract, either because it requests the delivery of the vehicle after the end of the lease period in a place other than the one initially chosen, or because it allows the vehicle to be driven by a Person not initially included as an additional driver, will be obliged to pay the current rates for each of the cases contemplated. * In the event that, after the liquidation of the lease contract of the vehicle, an amount is in favor of THE CLIENT, VIVA CARS will immediately pay the resulting amount in the same way in which the payment of the amount by the First, not taking responsibility for the delay that could be caused as a result of the steps to be taken by the banking or credit institutions. * If THE CLIENT requests an assistance, it must bear the cost of the crane or any other expense that this assistance causes, except for those cases in which the assistance occurs as a result of a technical failure of the vehicle and through the assistance companies designated for such effect by VIVA CARS. During the rental period, a maximum of 2500 km (200km / day) are allowed. If the vehicle is exceeded or used after the end of the rental contract, an extra 0.13cts / km will be charged.5.- POSSIBLE ADDITIONAL CHARGES. In case of breach of the obligations assumed by THE CLIENT in this contract, having to pay some amount established and / or derived from the general conditions of the contract, it expressly authorizes VIVA CARS to make the corresponding charges to the credit card provided for this purpose, prior information on the concept by which it is carried out and justification of its amount. In particular, THE CLIENT is expressly obliged to accept the charges derived from the damages caused as a result of its breach of the obligations reflected in this contract, on the occasion of the following concepts: * Compensation for any damage / loss caused to the vehicle and whose coverage will not be justified and / or contracted by THE CLIENT together with the costs of immobilization of the vehicle whose amount will result from applying the type of current rate in addition to an accident administrative charge. * Compensation equivalent to the amount paid by VIVA CARS for fines, as well as administrative costs and legal costs arising from traffic violations or violation of laws by any person authorized as a driver, including surcharges corresponding to the delay in the payment by the Lessee. * Compensation equivalent to the amount of damages caused by negligence of THE CLIENT, which expressly includes the loss of keys, the error in refueling and the lack of internal elements of the leased vehicle.
6.- REGIME OF DAMAGES DERIVED FROM THE USE OF THE VEHICLE. 6.1 Damage to THIRD PARTIES. In compliance with current regulations, VIVA CARS keeps contracted and in force at all times an insurance with first level companies that covers the civil liability of the authorized driver of the rented vehicle for personal and material damages suffered by third parties due to its circulation. The insurance of the vehicles of the VIVA CARS fleet will be contracted with any of the following companies: Generali, Mutua Madrileña, Groupama Mapfre, Linea Directa, Reale, Zurich, Helvetia and Axa, whose geographical coverage extends nationwide. Within the framework of this insurance, personal damages (death, total and partial disability and health care expenses) suffered by the authorized driver (valid only for Spain) are also insured. With the signing of this contract, authorized drivers acquire the status of insured by this insurance. The limits of liability covered by the insurance with, at least, those provided on a mandatory basis at all times by current legislation. Without prejudice to the rights in favor of the injured third party, THE CLIENT is informed that this insurance has a franchise for all the affected guarantees that may be subject to claim by VIVA CARS, whose amounts are indicated in the Commercial Conditions. Likewise, the CLIENT is informed of the right of the insurance company to claim from the CLIENT the damages caused in those cases excluded from coverage by the insurance. THE CLIENT can consult the general insurance conditions at any time. It is expressly warned that the particular conditions of the insurance contracted by VIVA CARS for the leased vehicles, exclude coverage related to expenses to third parties, to the spouse, ascendants, descendants and brothers or relatives of THE CLIENT as well as to its partners or persons that have the same commercial, labor or dependency relationships. 6.2 DAMAGE TO THE VEHICLE. THE CUSTOMER is responsible to VIVA CARS for the correct conservation and use of the vehicle by him, the authorized drivers and the remaining occupants thereof. Notwithstanding the foregoing and what will be indicated below, VIVA CARS offers the CLIENT the rental of the vehicle under three modalities: A) Default mode: BASIC INSURANCE. (Obligatory insurance). No coverage by breaking glass, glass, mirrors and tires. No coverage for clutch damage, shock, loss of keys. No medical assistance coverage to driver and passengers. During the rental period, the amount from 300 to 1600 € will be retained on THE CLIENT’s credit card depending on the vehicle, as DEPOSIT. The DEPOSIT is a guarantee in case of damage / theft of the vehicle. This amount will be automatically returned if no damage or theft of the vehicle has occurred during the rental period. The client must take into account that this amount does not represent his total responsibility for franchising, since this extends to the entire repair for the existing damages. B) Optional mode 1 – ALL RISK INSURANCE WITH FRANCHISE. Full risk insurance € 6-8 / day (minimum 3 days) with franchise from € 300 to € 1200. In this case, the client’s responsibility for damages caused will be extended up to that amount for their repair. In the same way as in the previous case, a minimum retention of € 300 and maximum € 1600 depending on the vehicle will be made, on THE CUSTOMER’s credit card for DEPOSIT. In addition, if the vehicle is involved in an accident during the rental period there is an accident administrative charge of € 50. In any case, for the effectiveness of this limitation of liability, the declaration of the damages and, where appropriate, the presentation of the corresponding part of the accident in which all the data referring to the accident or accident occurred (data of the accident data) vehicles and / or intervening persons, as well as a description of what happened and the damages caused). Likewise, under this modality VIVA CARS partially exempts THE CLIENT from the responsibility for the damages derived from the illegitimate theft of the same or its parts or components, above the amount expressly set forth in the contract as a FRANCHISE, which in any case It must be paid by THE CLIENT. In any case, for the effectiveness of this limitation of liability, it will be essential to deliver both the keys of the leased vehicle at the time of communicating the facts to VIVA CARS, as well as a copy of the criminal complaint filed with the competent authorities. As specified in the Commercial Conditions of this contract, the rental of the vehicle under this modality will entail the obligation for THE CLIENT to make a deposit in guarantee of the payment of said responsibilities. Notwithstanding the foregoing, the CLIENT is expressly warned that the limited exemption from liability will not reach the damages caused by any of the following circumstances, in which case VIVA CARS may claim its full amount: * Damages caused to the tires, whether caused by blows given to them or by an excess load on the leased vehicle. * Damage caused both to the bowlers or locks, and to the windows of the leased vehicle. * Damage caused by the subtraction of wheels, elements of the lower or lower part of the vehicle, roof, double keys, bowlers, seats and windows of the leased vehicle. * Damages or missing that had been caused in the parts and elements of the vehicle, interior, exterior and mechanics, in the event that the leased vehicle was stolen or attempted Deposit € 0 – Includes: Theft, accident and collision insurance. Coverage for breaking glass, glass and mirrors. 24 hour roadside assistance. Clutch damage coverage, shock. Medical assistance insurance to driver and passengers. Under this modality, and without prejudice to what will be indicated below, VIVA CARS fully exempts the CLIENT, in exchange for the payment of the additional amounts for the rental of the vehicle specified in the Commercial Conditions of this contract, of the damages caused to the vehicle or derivatives of its illegitimate theft of which it would be responsible under the previous modality A) by default, it will not be able to opt for this modality of hiring after the subscription of the rental contract. D) Damage not covered under any of the previous contracting modalities. Whatever the contracting modality chosen by THE CLIENT, the same will always respond to VIVA CARS up to its full amount (including lost profits derived from the impossibility of renting the vehicle) for damages caused by any of the following circumstances : * Damage caused by accidents in which the efficient cause of them is a serious violation of the rules subtraction. C) Optional mode 2 – ALL RISK INSURANCE. Full insurance without excess from € 15 / day (minimum 3 days). traffic, or commission of a conduct constituting a crime against traffic safety. * Damage caused by driving under the influence of alcohol or drugs. * Damage caused to the leased vehicle as a result of accidents caused by improper driving or seriously negligent conduct of the CLIENT or authorized drivers, when this has been manifested in a judicial proceeding. * Damage caused to the double keys delivered to the lessee for the opening of the vehicle and the upholstery.* Damage caused as a result of meteorological phenomena, as well as assistance costs derived from them. * Damage / loss of children’s chairs. * Damage / Loss / Subtraction of keys, jack, safety triangles, vests, windshield wipers, gas tank cap, luggage compartment tray, or any other mobile or fixed vehicle component. * Motor damage due to negligence. * Damage due to inadequate refueling. * Subtraction of the vehicle with the keys on. * Fines for traffic violations or violations of laws during the rental period are the responsibility of the vehicle driver. In case of receiving a fine, the amount of € 50 will be charged as a fine management. 6.3 Damages TO PROPERTY PROPERTY OF THE CLIENT. The damage, loss or subtraction of the goods owned by the CLIENT that are in the vehicle will be totally and exclusively at their expense, and they are not covered by any insurance or under any of the contracting modalities specified in the previous section. 7. ACCIDENTS. THE CUSTOMER undertakes to immediately report any incident to VIVA CARS and to transmit as many notifications as referred to said incident, as well as to provide maximum cooperation to both VIVA CARS and the Insurance Company in the investigation and defense of any claim and process. . In any case, the moment of the accident or accident, THE CLIENT: * Will not recognize or prejudge the responsibility of the incident. * You will obtain the complete data of the opposing party and of all the circumstances surrounding the accident. * In case it is not possible to subscribe the corresponding accident friendly party, it will immediately notify the authorities if there is guilt of the opposing party.
8. REPAIRS, OIL, OILS AND FUELS. THE CUSTOMER must check liquid levels every 1,000 km and replace them if necessary. The costs for replacing liquids (excluding those produced by negligence), will be paid after the presentation of the corresponding receipts accrediting the performance of said service. Repairs derived from damages and / or breakdowns will be made in the workshops agreed to expressly designated for this purpose VIVA CARS who will assume the payment of the amounts to which they ascend, provided that the conditions established in this contract are met. If it were to be carried out in workshops not arranged by VIVA CARS, prior express authorization of the latter will be required and the amount to which the repair made to THE CLIENT will be reimbursed at the time it presents the receipts accrediting the provision of the services and the amount to which they amount. THE CUSTOMER must refuel the vehicle with the type of fuel suitable for it, the amount of which will always be at his expense. VIVA CARS will proceed to return the amount delivered in deposit to guarantee the payment of the fuel that is delivered with the leased vehicle, when it is expressly established in the conditions of the contracting modality chosen by the client. In cases where such contracting modality has established the charge for “refueling service”, VIVA CARS will return to the customer the amount corresponding to the percentage of fuel not consumed based on those reflected in the volume indicator existing in the deposit, except for the additional charge of € 18 for the concept of “refueling service”, which is expressly authorized to be made, for the expense incurred by the displacement of its operators for carrying out such refueling operations.
9. JURISDICTION AND APPLICABLE LAW. This contract will be governed by Spanish laws and, in the event that the client deserves consideration as a consumer or user, any discrepancy on the same will be submitted, in case of impossibility of reaching a friendly agreement that resolves it, to the corresponding jurisdiction to the place of fulfillment of the obligation, taking into consideration that of the place where the rental began, and all this in accordance with what is expressly established in current regulations regarding consumers and users. In the event that the contractor of the service does not deserve such consideration of consumer and users, the parties expressly agree that they are subject to the jurisdiction of the municipality in which the registered office of VIVA CARS is located Notwithstanding the foregoing, and as expressly provided established in article 38 of law 1/1987, of July 30, on land transport management, VIVA CARS, expressly expresses its will against the resolution of any dispute raised as a result of contracting the services of Vehicle leases, be resolved through the Arbitration Board of Transportation 10. PERSONAL DATA TREATMENT. Responsible for the treatment: VIVA CARS Address: Avda. Diputación, 18 03710-CALPE (Alicante) Email: info@vivacars.es Contact: (+34) 966 278 817. I. Main purposes of the treatments. Based on the execution of the contractual relationship: Process your registration request as a client to manage the business relationship and needs with you. I Manage, maintain and ensure compliance with the contractual or pre-contractual relationship that unites us. Based on a legal obligation: For the fulfillment of any regulatory legal obligation or legal regulations, we may communicate your data to the regulatory public authorities or governmental bodies. Based on the legitimate interest of VIVA CARS: Commercial actions of VIVA CARS, by any means, intended to offer products and / or services similar to those contracted. I Conduct satisfaction surveys and analysis of your needs to adjust our offer to your profile. I Record your voice and / or your image to maintain the quality of the service, and if necessary, to manage claims and other procedures. I Communicate your data to insurers for roadside assistance in case of accidents or traffic incidents. Based on your consent: Analyze your needs by consulting your own or external sources, as well as our advertising partners to show relevant and segmented advertising according to your preferences. II. Recipients of the data. Public authorities, regulators or governmental or jurisdictional bodies. I Insurance companies for roadside assistance in case of traffic incidents or accidents, companies of the VIVA CARS Group for the correct provision of services, as well as third-party VIVA CARS collaborating companies III. Data protection right. You can exercise your rights of access, rectification, deletion, limitation or opposition to data processing, data portability, and not to be subject to automated decisions, as detailed in the “Additional Information”. IV. Additional Information. You can consult the additional detailed information about our Customer Privacy Policy on our website www.vivacars.es As we indicated, to communicate the best offers on products and services VIVA CARS puts at your disposal and best fit your interests, we need that you give us your consent: I consent that VIVA CARS can carry out the realization of a profile on my consumption habits through internal and external information, as well as communicate my data to its advertising partners in order to offer me special offers on products or services tailored to my needs (   ) YES.
BASIC INFORMATION ON DATA PROTECTIONRESPONSABLE AUTOMOVILES JUAN CALPE, S.L.U. – VIVA CARSPURPOSE  Maintenance of the fiscal, administrative and commercial relationship with customers.Billing and contracting of services and provision of them.LEGITIMATION Execution of a contract.RECIPIENTS The data will not be transferred to third parties, except legal obligation. No international data transfers will be made,RIGHTS Access, rectify and delete data, as well as other rights, as explained in the additional information. ADDITIONAL INFORMATION You can consult the additional and detailed information on data protection contained in this contract.
In addition to the main purpose described in the information described in the basic information on data protection, I authorize the processing of my personal data for the following purposes (mark with X if you wish to authorize the processing, if you do not mark it we will understand that no authorizes it). In compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE) we request your express consent so that VIVA CARS can send you advertising, by any electronic means or by mail postal, offers and marketing and contracting promotions of our products or services, as well as other new products or services that our company may market in the future.                                                                                Compliant: THE CLIENT