General terms and conditions of hire

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General terms and conditions of hire

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GENERAL TERMS AND CONDITIONS FOR PASSENGER CAR HIRE AT AUTOS BREA S. L.
(Extract from the general terms and conditions for the hire of passenger cars and vans for non-commercial use)

1) COLLECTION AND RETURN

The hirer acknowledges and declares that the vehicle is in good general condition, with no apparent defects, undertaking to return it to Autos Brea in the same state and condition, with all documents and accessories, in the place and on the date agreed in the contract. Autos Brea reserves the right to request that the vehicle is returned at any point during the term of the hire contract if the use of the vehicle contravenes the general terms and conditions set forth in the same.

2) DAMAGE, ETC.

In the event that the vehicle is lost or damaged during the hire period, the hirer must immediately pay for all expenses or losses incurred by Autos Brea for this reason, unless the hirer has duly complied with each and every term and condition stipulated in the hire contract. In this case:

a) The hirer will be exempt from any liability deriving from the loss of the vehicle or damage thereto when said loss or damage is the result of fire or theft. In the event of theft, the hirer must provide Autos Brea with a copy of the report filed with the police authorities within a period of 24 hours.

b) The liability of the hirer for theft of the vehicle or damage thereto when either of these situations arises due to a collision or crash:

I) Will be limited to the amount fixed in the rate in force, or

II) Will be waived by Autos Brea if the hirer accepts and signs the “Protection against crashes and theft”, as expressly identified in the hire contract.

3) PAYMENT METHODS AND CONCEPTS TO LIQUIDATE

The services provided by Autos Brea can be paid in cash or by credit card: VISA or MASTERCARD. In the case of juridical persons, payment is also accepted by bank transfer or other ways as long as has been agreed between the parties. The subscription service will be paid at the time of the signing of the contract , and prior to delivery the vehicle to the customer. Any regularization resulting from the performance of the contract by either party will be paid on the same way that the customer had been chosen at the time of paying the contracted service.

The hirer will pay or occasionally reimburse Autos Brea the sum of the following concepts:

a) The price of the time and kilometres calculated according to the rate set forth in the hire contract or, in the absence thereof, according to the rate in force.

b) The quantities corresponding to fuel, “Protection against crashes”, personal accident insurance and/or any other charge (standard, extraordinary and miscellaneous) that may be applied, calculated according to the rate stipulated in the contract or, in the absence thereof, according to the rate in force.

c) All taxes of any kind that apply to vehicle hire or, when appropriate, the amounts requested by Autos Brea in relation to these taxes.

d) The expenses incurred by Autos Brea (including lawyer and barrister fees, when required) in order to obtain the amounts payable by the hirer as per these general terms and conditions.

e) The fines, penalties or similar, legal costs and other expenses that Autos Brea is required to pay by legal order in relation to the use of the vehicle during the hire period, unless they fall under the responsibility of Autos Brea. However, this will not release the hirer or third parties from their obligations before official bodies due to the infringing behaviour of the hirer or the third parties.

All charges mentioned in this section are, in all cases, subject to the corresponding auditors’ review.

4) INDEMNIFICATION

To the extent and scope authorised by the legislation in force, Autos Brea will not be held liable for any damages or harm suffered by the hirer or third parties due to the use and operation of the vehicle, due to any losses or inconvenience caused by delayed delivery or any possible breakdown, or due to any other cause. The hirer will hold Autos Brea harmless with regard to all damages or responsibility in this respect.

5) CONDITIONS OF USE

The hirer undertakes to look after the vehicle with due care and attention and, in particular, will not allow it to be used:

a) For paid services related to the transport of people or goods.

b) For pulling or towing vehicles, trailers or other objects.

c) In races, tests or competitions.

d) When the hirer or other driver of the vehicle are under the effects of alcohol, hallucinogens, narcotics, drugs containing barbiturates or any other substance that affects their awareness or ability to drive. In this case, Autos Brea accepts no responsibility whatsoever in relation to the accident.

e) In violation of the provisions set forth by customs, the road agency and other provisions.

f) By anyone except for the hirer, unless they are expressly authorised in the contract.

6) DATA PROTECTION

The data we request is essential for processing the hire contract. Refusal to provide this data will entitle Autos Brea to reject the requested operation. The interested party expressly gives Autos Brea their full consent to incorporate this data into a file that is duly entered in the Spanish Data Protection Agency. This file will be processed by Autos Brea for the purpose of establishing and successfully maintaining the business relationship to arise from the hire contract. The interested party can, according to the legislation in force, exercise their rights of access, rectification, objection and cancellation relating to their data, free of charge, by express application sent to Autos Brea.

7) INSURANCE

Autos Brea will provide cover for the vehicle users authorised by Autos Brea, and only these users, in accordance with the corresponding policy, whose terms, conditions and exceptions will be included in the hire contract as if reflected in the same in detail and according to user acceptance in the hire contract.

8) INVALIDITY OF PROVISIONS

If any provision of the hire contract was to become invalid or inapplicable, this provision would in no way affect the validity of the contract as a whole or the other provisions thereof and would be replaced by a valid and applicable provision with an identical or similar effect.

9) ACCIDENTS

The hirer agrees to protect Autos Brea’s interests in the event of an accident during the term of the hire contract by:

a) Obtaining the names and addresses of the people involved in the accident, as well as those of any potential witnesses.

b) Not accepting responsibility or blame.

c) Not abandoning the vehicle without first having taken appropriate measures to protect and safeguard it.

d) Giving a detailed report to the Autos Brea office corresponding to the vehicle’s place of departure within 24 hours of the accident.

e) Immediately informing the competent authorities if the culpability of the other party should be investigated or if anyone is injured in the incident.

10) FUEL POLITIC

At the time of signing the contract is recorded , among other parameters, the amount of fuel the vehicle loads at the time of its delivery to the customer. The customer must deliver the same amount at the end of the period of the contract. If the customer supplies the vehicle with a larger amount of fuel that registered on starting the service, Autos Brea will pay the customer, as discount on the final price of the service this difference and by the same payment way the client choosed to pay for the service. In case of the vehicle delivered a smaller amount of fuel than the time of delivery, Autos Brea shall charge the customer on the final invoice, the corresponding value for the fuel needed to achieve the output value recorded in contract, as regularization, plus a bonus of fifteen euros ( € 15 ) for moving the vehicle and company personnel to the nearest refueling point.