General Rental Conditions
Customers receive the rental vehicle described in the rental Agreement in perfect working order, with all its documents, tires, tools and accessories, and undertake to look after them and drive the vehicle in compliance with the Highway Code and the provisions set out in these General Terms and Conditions. Before removing the vehicle, the customer is entitled to check the status of the vehicle for themselves.
The term of the Agreement is set out on rental agreement and indicates the date and time on which the vehicle must be returned.
The rental dates are computed in 24-hour periods, counted from the exact time customers rented the vehicle until they return the vehicle, with its keys and documents to Marbella Ocean Cars S.L.. The courtesy period for returning the vehicle is 59 minutes.
If the customer decides to terminate the Contract in advance, the entirety of the amount paid for the days the vehicle was not used (including taxes) will be retained as an indemnity.
Likewise, in the event that it is Marbella Ocean Cars S.L. who decides to finalize the rental before the date indicated in the Contract, the customer shall have the right to receive the amount that was paid for the days the vehicle was not used (including taxes) as an indemnity.
Customers must return the vehicle on the date and time indicated in the preceding section. For an extension of the rental period, customers must go to the closest Marbella Ocean Cars S.L. office to sign an extension document. Agreements cannot be extended by phone or by any other means of electronic communication.
The deposit given as surety may not be used to extend the rental period under any circumstance. Marbella Ocean Cars S.L. may charge customers a fee for any extensions to this Agreement.
In the event that the Agreement cannot be extended because no vehicles are available or for any other reason, customers must return the vehicle on the agreed date and time to the agreed Marbella Ocean Cars S.L. office.
Depending on the terms and conditions in the initial Contract, a new contract may need to be signed when an extension of the rental period is requested. In that case, the new contract invalidates the current Contract.
VEHICLE RETURN CONDITIONS
Customers must return the hired vehicle in its pre-rental condition, together with all its documents, tyres, tools and accessories, at the place and on the date and time set out in the rental Agreement.
Customers must not change the vehicle’s technical specifications, keys, equipment, tools and/or accessories, or make changes to its external or interior appearance. Otherwise, customers must pay for the expense of returning the vehicle to its pre-rental condition, without detriment to Marbella Ocean Cars S.L. loss-of-income during the period the vehicle is not available for rent because it is being valeted, and for any other damages sustained by Marbella Ocean Cars S.L..
FAILURE TO RETURN THE VEHICLE
Failure to return the vehicle on the date and time set out in the Contract authorises Marbella Ocean Cars S.L. to charge customers for each day they use the vehicle after it should have been returned. Marbella Ocean Cars S.L. will also charge an additional penalty of €40 for every day of delay to cover the inconvenience caused to Marbella Ocean Cars S.L..
Similarly, returning or abandoning the vehicle in a place other than the one indicated in the Agreement, will entitle Marbella Ocean Cars S.L. to require customers to pay:
- i) Rent for each extra day needed to retrieve the vehicle and return it to its pre-rental condition so it can be hired again;
- ii) additionally there will be an indemnity of 40€ per day added as compensation for loss-of-income, and
iii) also, the client will be responsible for the cost of moving or towing the vehicle, tolls, and safekeeping and guarding, as the case may be, to the place convened in the Agreement for returning the vehicle.
In the event that the vehicle disappears or is not returned, Marbella Ocean Cars S.L. reserves the right to bring legal action against the customers before the competent authorities with the full weight and consequences of the law.
A unilateral extension of the Agreement by customers will be considered illicit use of the vehicle, in which case the customers will be held liable for any damage to the vehicle.
PAYMENTS AND METHODS OF PAYMENT
Customers undertake to pay Marbella Ocean Cars S.L.:
Charges arising from vehicle hire, insurance and taxes determined by the current Marbella Ocean Cars S.L. rates (hereinafter, General Rates), which have been previously communicated to the client. The application of the initially agreed rate is dependent upon the vehicle being returned at the designated place, date, time and on the stipulated condition. Rates may vary depending on the time of year and the office in question, whereby, prior to hiring a vehicle, it is the client’s responsibility to verify the rate that is to be applied.
Any other items that may apply to the customers, according to Marbella Ocean Cars S.L. contract and commercial terms and conditions.
Charge for ‘special cleaning’ for the costs incurred from an additional valeting service arising from the clearly inadequate state of the vehicle at the time of its return, with a maximum charge of €150.
Up to €350 for the expense incurred through the loss of a vehicle’s documents or keys, and/or sending a set of keys to the office concerned, in the event of loss, breakage or return of the vehicle’s keys to an office that is not the office at which the vehicle was collected, or for any other situation attributable to the customers in which the vehicle is immobilized.
Tow-truck costs in the cases set out in the various clauses of this Agreement.
The costs arising from loss, wear or damage to the wheel rims, tyres (including flat tyres and blowouts), tools, windscreens, rear-view mirrors, accessories, the vehicle’s interior, and problems caused by using the wrong type of fuel.
Any tolls, fines, sanctions, and court costs caused by infringement of highway regulations, laws, rules and by-laws (including congestion charges and restrictions to motor vehicles, where these exist) incurred by the customers during the rental period that have been met by Marbella Ocean Cars S.L.
Notwithstanding the foregoing, Marbella Ocean Cars S.L. reserves the right to charge the customer an extra €40 for the administrative costs it incurred for processing and sending notice of the above-mentioned sanctions to the competent authorities.
The cost of repairs for damages caused to the vehicle in the event of an accident, in any of the following circumstances:
– The vehicle was not used according to the agreed terms and conditions.
– The accident report form – either the ‘Declaración Amistosa de Accidente’ (DAA or Amicable Accident Report) or the ‘Informe de Siniestro’ (Accident Report) – was not completed and sent to Marbella Ocean Cars S.L. within 48 hours, or it is a misrepresentation of the facts.
– The damage done to the vehicle is due to the customers’ miscalculation of the height of the vehicle.
The costs of the ‘Accidents Administration Fee’ up to a maximum of €50
Any amounts arising from such items shall be charged by Marbella Ocean Cars S.L. directly to the customer using the electronic payment or equivalent system used to hire the vehicle, with the customer expressly authorizing the acceptability of Marbella Ocean Cars S.L. making such charges.
In all cases, Goldcar shall immediately report the charge that was made and the reasons for it, giving the customer all the information possible.
The amount charged to customers for damages to the vehicle is computed according to the assessment made by an independent adjuster. Alternatively, if an external assessment cannot be made, customers will be charged the amount resulting from a preliminary assessment made by qualified Marbella Ocean Cars S.L. staff, according to the rates published in Annex I hereto, which are known and consented to by the customers.
All the foregoing will apply without prejudice to a subsequent settlement and adjustment after an estimate is made by a garage or an assessment is made by an independent adjuster. The figure resulting from this assessment cannot be higher than the prices indicated in Annex I of these general conditions.
Likewise, Marbella Ocean Cars S.L. reserves the right to charge customers compensation for loss-of-income owing to immobilization of the damaged vehicle. Such compensation will be calculated on the number of days required to repair the vehicle, established by an independent adjuster or, after the vehicle has been repaired, by counting one day for every eight hours of work invested by the garage and used as the base to quantify the daily rate at which the vehicle was hired. The days the vehicle is immobilized count as days the vehicle was not returned on the convened date, and thus the extra €40 per day set out in the preceding clause will also apply.
Customers’ liability will not exceed the vehicle’s market value, according to the maximum price set out in the Ganvam guide in force at the time of the accident.
Method of Payment:
The credit or debit card with which the reservation is made must be shown by the holder when they pick up the vehicle. The holder of the card must make sure that it is used pursuant to these General Rental Conditions (deposit, withdrawals, etc.); so that no damage is caused.
As such, Clients agree to get all the necessary information from their bank before their card is used by Marbella Ocean Cars S.L., which cannot be held liable on these grounds.
The payment to rent the vehicle and any possible additional costs shall be made in the currency chosen by the Client.
Transactions in various currencies are accepted pursuant to the terms of the bank that processes the payment.
The methods of payment admitted are Credit Card VISA or MasterCard and Debit Card or Cash.
INSURANCE AND COVERS
8.1 Compulsory insurance and Civil Liability Insurance.
Rental rates include Compulsory Insurance for the automobile, and Supplementary Civil Liability insurance to cover damage to third parties as a result of using and driving the vehicle.
These covers are guaranteed and assumed by Marbella Ocean Cars S.L. insurance company, and they are subject to the insurance policy’s general and particular clauses and the law. By signing the vehicle hire agreement, customers accept the conditions of this insurance policy, which are available to customers on request.
Marbella Ocean Cars S.L. Basic Cover
The hire rates also include the Marbella Ocean Cars S.L. BASIC COVER for damage to the vehicle due to:
- a) collision,
- b) theft,
- c) accidental fire and acts of vandalism
In certain offices, the Basic Marbella Ocean Cars S.L. Cover includes an excess for damage for which the customer is directly liable. (See the Particular Terms and Conditions on Page 1 of this contract). This excess must be guaranteed (i) by paying the corresponding guarantee or (ii) taking out Additional Cover.
The Marbella Ocean Cars S.L. Basic Cover will be valid as long as the following conditions are met:
- a) The customer, in the event of a collision, sends Marbella Ocean Cars S.L. the full details of the third party and possible witnesses before forty-eight hours have elapsed, as well as a completed accident report form, an ‘Agreed Statement of Facts’ (DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party’s insurance company, and, if possible, the number of the insurance policy. All this must be signed by the two drivers involved in the accident, or, if there is no accident report form, a Claims Report, which will be provided by Marbella Ocean Cars S.L..
- b) The insurance company does not refuse to accept the claim because the vehicle’s driver was not in the physical and mental condition required by the Highway Code.
- c) The collision, theft, fire, or act of vandalism did not take place during unauthorized use, as set out in Point 10 of these General Conditions and
- d) The customers sent notice of the collision, theft, fire, or act of vandalism caused to the vehicle within forty-eight hours of the event, together with the relevant documents (accident report, report to the authorities, etc.).
THIS COVER EXPRESSLY EXCLUDES:
- a) Damage to tyres, tyre rims, vehicle interior, outside rear view mirrors, glass and underside.
- b) Flat tyres and blow-outs.
- c) Damage to the clutch and gear box.
- d) Compensation for the days the vehicle cannot be used due to repairs.
- e) Fees for a tow truck.
- f) Fees for recharging the battery.
8.3 Additional Cover
The rental fees do not include the ADDITIONAL COVER, which covers damages that are excluded expressly by Marbella Ocean Cars S.L. Basic Cover. This cover can be taken out at the time the vehicle is picked up, and is only valid if the customer meets the conditions stipulated beforehand in the event of damage to the vehicle.
9) CUSTOMER OBLIGATIONS IN THE EVENT OF AN ACCIDENT AND OTHER CIRCUMSTANCES
In the event of an accident, customers undertake:
- a) To send Marbella Ocean Cars S.L. the full details of the third party and any witnesses before forty-eight hours have elapsed, as well as a completed accident report form (Agreed Statement of Facts – DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party’s insurance company and, if possible, the number of the insurance policy. The accident report form must be signed by the two drivers involved in the accident. If there is no accident report form, the parties must complete a Claims Report that will be provided by Marbella Ocean Cars S.L.;
- b) To alert the authority immediately if the guilt of the third party needs to be investigated or if anyone has been injured;
- c) Not to abandon the hired vehicle without taking due measures to safeguard it.
In the event of an act of vandalism, fire, theft or disappearance of the vehicle, customers undertake to notify Marbella Ocean Cars S.L. of the event immediately and to report it to the authorities, sending a copy of the report to Marbella Ocean Cars S.L. as soon as possible.
10) NON-AUTHORISED USE
It is the customers’ duty to use the vehicle with due diligence, in line with its characteristics, and to obey the current Highway Code, avoiding any situation that might cause damage to the vehicle or to third parties.
Likewise, it is the customers’ duty not to allow anyone other than those authorised under this vehicle hire agreement to drive the vehicle. Customers are liable for any damage to the vehicle or to third parties arising from a breach of such terms.
Failure to comply with the provisions of these sections will be construed as non-authorised use.
Customers are fully liable for damage to the exterior and interior of the vehicle due to non-authorised use, and must pay any expenses incurred as set forth in section 6 of these General Conditions.
In the event of prosecution, customers must pay for all court costs and lawyers’ fees, even if the latters’ involvement in the proceedings was not mandatory.
Non-authorised use includes, but is not limited to the following cases, given by way of example:
- a) Pushing or towing another vehicle.
- b) Driving in areas not suited to public transport, such as beaches, race tracks, forestry roads, back roads, etc.
- c) Driving on dirt roads and very poorly paved roads that could cause damage to the underside of the vehicle.
- d) Driving the vehicle in restricted areas, and more specifically on airport roads and other roads for aeronautical and/or military use.
- e) Negligent behaviour when the vehicle’s indicators show an alert that customers state are known to them when they sign this agreement.
- f) Transport of goods or animals and, in particular, substances that are hazardous, inflammable and/or poisonous for the vehicle and its occupants.
- g) The transport of individuals or goods for which the customers receive direct or indirect payment.
- h) Sub-leasing the vehicle.
- i) Using the vehicle for unlawful activities.
- j) Transporting a number of passengers and amount of luggage not authorised for the vehicle concerned.
- k) Manipulation of the milometer. Customers must report any malfunction of the milometer to Marbella Ocean Cars S.L.
- l) Transport of luggage or any other item on the vehicle’s roof, even when an adequate luggage rack is used for the purpose.
- m) Damage to the vehicle caused by leaving tempting items in plain sight inside the vehicle.
- n) Dirtying the inside of the vehicle beyond what would be expected from reasonable and careful use.
- o) Driving the vehicle when tired, not feeling well and under the influence of alcohol, medicine or drugs.
- p) Reckless driving.
- q) Using the vehicle to give driving lessons under any circumstance and/or to teach special driving techniques.
- r) Driving against the traffic regulations.
- s) The vehicle is driven by a person who is not authorised to do so in the agreement, as either a customer and/or a supplementary driver.
- t) Driving a hired vehicle beyond the borders of continental Spain, and vehicles hired in the Balearic or Canary Islands that are not allowed to leave the island where they were hired unless they have express, written permission to do so and the relevant special ADDITIONAL COVER has been taken out.
- u) Continued use of the vehicle after the rental period has ended.
- v) We’d like to inform you that for security reasons, a selection of our fleet is equipped with GPS locators. The company only access location data in the case of (i) a disconnection alert or system interruption, and/or (ii) the vehicle is not returned. The customer knows and accepts these circumstances, refraining from interrupting or impeding its proper function.
Any unauthorised use on the part of the customer will entitle Marbella Ocean Cars S.L. to terminate the Rental Agreement early for breach of contract by the former and, where appropriate, to claim for any damages that may apply in this respect.
11) DRIVING LICENCE.
Customers must have a valid driving licence recognised in the country where they collect the Marbella Ocean Cars S.L. vehicle. Customers are liable for the expiry date and recognition of the driving licence and must not hold Marbella Ocean Cars S.L. liable under any circumstance. Customers must be aged TWENTY-FIVE or older and have held a driving licence for at least FOUR years. When these two circumstances are not met, special conditions may be agreed at an extra cost.
At the same time, the minimum age of the client is 21 years old. Also, in for any case, the client must have held a driver’s licence for at least one year regardless of age. There is an additional charge, stated during the booking process, if the client is between 21 and 25 years old.
12) JOINT LIABILITY
Customers and/or authorised additional drivers are jointly liable for the customers’ obligations under this Agreement and the relevant laws that are applicable to same.
13) THEFT AND LOSS OF PERSONAL BELONGINGS
Marbella Ocean Cars S.L. is not to be held liable for items stolen, forgotten or lost inside the vehicle.
Except when the optional additional coverage is taken out by the Client, when the vehicle is collected, the Client must put down a deposit, the amount of which is established in article 6 of the Specific Rental Conditions.
If the term of the Agreement is extended, the initial amount of the deposit must be increased according to the number of additional days of rental.
The deposit blocked (credit card) or charged (debit card) will be unblocked or refunded to the customer once the vehicle has been returned, and Marbella Ocean Cars S.L. has checked that the vehicle is in a good state and that the terms of the Contract have been fulfilled. If the deposit is paid by credit card, the maximum time it can be blocked is 30 business days, from the start of the rental. In the case of using a debit card, the maximum time for returning the deposit is 15 days after the vehicle has been dropped off.
The amount of the deposit shall be partially or totally kept if the terms of the Agreement are breached, to pay for the penalties or fees attributable to the Client, unless the Client has taken out optional additional coverage..
15) COMPULSORY APPROVED CHILD RESTRAINTS
Customers must notify Marbella Ocean Cars S.L. when children under three years of age and adults under 1.5 metres in height will be riding in the vehicle so Marbella Ocean Cars S.L. can provide an approved restraint, for a fee, for the weight and height of the person who will use it. Customers are responsible for installing the restraint, which WILL NOT BE ANCHORED to the vehicle.
16) DATA PROTECTION
|Additional Information Regarding Data Protection|
|Who is responsible for processing your personal data?|
|Company: Marbella Ocean Cars S.L.
Address: Avenida Manolete 1,
E-mail: rent@ arbellaoceancars.com
|What is the purpose of processing your personal data?|
|In compliance with what is established by the European Regulation 2016/679 General Protection of Data, as well as any applicable national law, we would like to inform you that in Marbella Ocean Cars S.L. we process the personal data that you provide for the following purposes:
(i)Managing the contractual relationship involving the vehicle rental.
(ii)Managing and invoice the vehicle rental.
(iii)Managing possible incidents including damages incurred during the vehicle rental period.
(iv)Managing the administrative procedures and communications that could derive from the contractual relationship.
(v)Keeping you promptly informed, via e-mail or any other equivalent means, of all deals, products, services and promotions, from the company or other third parties, which could interest you, also by e-mail.
(vi)Developing promotional activities by companies within the transport and touristic sector who collaborate in activities implemented by Marbella Ocean Cars S.L.
(vii)Managing the registration process of this loyalty program if you would like to be a part of the Marbella Ocean Cars Club.
(viii)Creating a commercial profile based on the evolution of the commercial activity in relation with the reservations booked. To that effect, we would like to inform you that no automated decisions will be made based on such profile.
|3.DATA RETENTION PERIOD|
|How long will we keep your data?|
|We would like to inform you that your data will be kept as long as it is needed for the delivery of services or contractual relationship, and as long as you do not request its elimination, as well as the necessary time to comply with the legal obligations that correspond to each type of information.|
|What is the legitimation for the processing of your personal data?|
|The legitimation basis for the processing of your personal data consists of:
The legal basis that constitutes the processing of your personal data for the processing of (i), (ii), (iii) and (iv) stated in section 2 above is based on the execution of a contract with Marbella Ocean Cars S.L. with respect to the other services that you have requested.
Likewise, the legal basis for the processing of your personal data for the processing stated in sections (v), (vi), (vii) and (viii) is based on the express consent that you grant for each purpose during the collection of the personal data that you provide through the vehicle bookings.
|Who receives your personal data?|
|Your personal data will be provided to third parties in order to process the payment of the reservations booked (i.e. banking or financing institutions that own the payment methods used, payment gateways).
Additionally, Marbella Ocean Cars S.L. can provide your data to insurance companies for the management and processing of damages incurred during the rental period.
Also, your data can be proved to public authorities and entities (administrative o judicial) for those instances when the legal regulation establishes so.
Data international transference:
Additionally, we would like to inform you that your data can be transferred to countries outside the European Economic Area, depending on the location of the rental vehicle (especially Turkey) solely for the purpose of providing the service requested.
In regards to the statement above and in compliance with article 49.1 b) of the General Regulation of Data Protection of the EU 679/2016 in terms of the Personal Data Protection, such international transfer will be needed in order to execute the contract subscribed between you and Marbella Ocean Cars S.L.
|What are your rights when you provide your personal data to us and how can you exercise them?|
|You have the right to access your personal data, as well as to request the modification of incorrect data or, if appropriate, request its elimination when the data is not necessary anymore for the purposes they were collected for, among others.
In certain circumstances, you can request the limitation on the processing of your data, in which case we will only keep it for the exercise or claim defense.
In certain circumstances and according to your particular situation, you can oppose to the processing of your data. Marbella Ocean Cars S.L. will stop processing the data, except for imperative legitimate reasons, or the exercise or defense of possible claims.
Likewise, you can exercise the right of portability of data, as well as to withdraw the consents granted at any moment, without it affecting the legality of the processing based on the consent before its withdrawal.
If you would like to exercise any of your rights, you can contact us by sending a written communication with attention to Marbella Ocean Cars S.L.
The request form to exercise any of your rights must be accompanied by a copy of an official document that identifies you (National Identification Number or accreditation document).
Lastly, we would like to inform you that you can contact the Spanish Data Protection Agency and other competent public entities for any claim derived from processing of your personal data.