Terms & Conditions
1.- GENERAL PARTIES AND OBLIGATIONS. AUTOMOVILES JUAN CALPE, S.L.U. as a lessor, he rents THE CUSTOMER who is the hirer of the vehicle that is the object of this contract (or the one that could be delivered in substitution of it if necessary) subject to the terms, conditions and rates established in this document -and / or in any existing annex to it- and that THE CUSTOMER undertakes to comply with, expressly stating that he has read and accepted the conditions established in this contract, without any doubt or disagreement being expressed. The CLIENT is expressly warned that AUTOMOVILES CALPE JUAN, S.L.U. may not meet the demands made for the provision of the services offered, in those cases in which it is duly justified that the applicant has violated the terms and conditions of the contracts previously concluded with AUTOMOVILES JUAN CALPE, SLU, both in cases of non-payment of the services provided as in those cases in which there has been an undue prolongation of the contracted services without the corresponding knowledge or authorization by AUTOMOVILES JUAN CALPE, SLU, and all this in accordance with the possibility expressly provided for in the regulations currently in force in terms of consumers and users that may be applicable. In order to objectively minimize the risks derived from the driving of motor vehicles, the following may not be included as drivers in the contract entered into on the leased vehicle:
1) Those under twenty-one (21) years of age. However, the foregoing and in accordance with the rates in force and published by this company, THE CLIENT is expressly warned that drivers who have at the time of signing the contract an age between 21 and 25 years must pay the extra charge indicated as “young dirver”. 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 valid for less than one (1) year.
3ª.-) That they do not exhibit the original document of their driving license at the time of signing this document.
4ª.-) That they have a driver’s license that carries legal and / or criminal charges.
5ª.-) That at the time of hiring they present a manifest physical or mental incapacity, which induces that they do not present suitable conditions for driving. THE CUSTOMER expressly agrees not to allow driving to any person other than those listed as drivers in the contract signed for the purpose, being responsible 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 travel with the leased vehicle to the Autonomous cities of Ceuta and Melilla, the Canary Islands, or anywhere in the Balearic Islands. Neither may the CLIENT move with the leased vehicle outside the national territory, unless it has stated its intention to do so in the office of AUTOMOVILES JUAN CALPE, SLU, at the time of contracting the same, in which case must subscribe the additional insurance existing that will enable him to move through the territories of Andorra, France or Portugal, the only national territories in which circulation would be allowed in said case. Neither may THE CLIENT move with the vehicle leased outside the national territory. Failure to comply with any of the obligations expressly assumed by each of the parties to this contract will entitle the other party to demand compliance or take it as resolved, as well as to adopt the appropriate measures for the recovery of the vehicle (in case of non-compliance by the lessee), or for the return of the amounts delivered (in case of default by the lessor), and all without prejudice to the possibility of claiming damages that may have been caused as a result of such breach. This lease contract for the vehicle without a driver is carried out so that THE CLIENT can use and dispose of it for its own use, expressly assuming civil, administrative or even criminal liability that could arise from an improper use of the same or the commission of any type of administrative or criminal offense that could be carried out with this one. AUTOMOVILES JUAN CALPE, S.L.U. offers the possibility of renting mobile wifi devices (MIFI) as a complement to l rental of the vehicle. In such case, THE CUSTOMER is directly responsible for the use made of the equipment supplied, both by this, as that of third parties under his charge, or minors, not assuming AUTOMOVILES JUAN CALPE, S.L.U. No responsibility whatsoever to third parties for the use of the MIFI. The commission on the part of THE CUSTOMER of any type of action from which any type of civil liability could arise that should face AUTOMOVILES JUAN CALPE, SLU, or that could be constitutive of administrative or criminal offense, will empower it to claim not only the amount of compensation or sanctions to which it would have had to face, but also the sum to which the damages and losses caused as a consequence of the impossibility of using the vehicle object of this lease contract. Notwithstanding the foregoing, THE CLIENT is expressly warned of the consequences that may arise for AUTOMOVILES JUAN CALPE, S.L.U. of the application of Law 4/2014 of June 20, land transport and sustainable mobility of the Balearic Islands, so THE CLIENT expressly states that neither use nor allow the use of the leased vehicle for the realization of discretionary public transport travelers without the perceptive authorization or enabling license. In the event that the vehicle subject of this lease was denounced by the members of the State security forces, or by any other authority authorized for this purpose, or by carrying out the aforementioned conduct, AUTOMOVILES JUAN CALPE, S.L.U. expressly reserves the right to exercise before CUSTOMER how many actions may apply in all jurisdictional areas, and in particular the initiation of the corresponding criminal process for an alleged offense of fraud, expressly defined in article 248.1 of the Penal Code, punished with penalties of up to three years in prison.
2.- USE OF THE VEHICLE BY THE LESSEE. AUTOMOVILES JUAN CALPE, S.L.U. expressly states that the vehicle delivered has passed the mechanical checks and internal controls performed, found in the general state that is stated on the sheet signed by the client to that effect, and having the necessary documentation, tools and accessories, as well as all tires (including the spare) in good condition and without punctures. THE CUSTOMER expressly agrees to: – Keep it in good condition. – Respect the regulations 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 performance of any conduct that involves an infraction of the Traffic Code or the commission of an offense against traffic safety will be considered as an essential breach of the obligations assumed in this contract, which may give place to the resolution thereof and to demand corresponding indemnities for the damages and losses caused, including those corresponding to the administrative, administrative or procedural expenses caused by the intervention of AUTOMOVILES JUAN CALPE, SLU in administrative disciplinary proceedings, or in criminal proceedings initiated as a result of said conduct. * Do not transport people or merchandise or carry out activities for the sublease of 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 physical faculties reduced 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 on materials, accessories or automobile products not provided and / or authorized by AUTOMOVILES JUAN CALPE, S.L.U. * Do not transport flammable, dangerous, radioactive, toxic and / or harmful goods. * Do not give as 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 the documentation of it inside. * Immediately paralyze the vehicle if there is the least external or explicit indication (indicators) that make presume the existence of a technical failure. In these cases, THE CUSTOMER should contact the AUTOMOVILES JUAN CALPE, S.L.U. office as soon as possible. or the Assistance Company designated by the latter, refusing the payment of the charges that may arise from the use of different assistance companies, except for cases of maximum urgency. * Do not drive with the vehicle leased in non-passable areas or unpaved roads that are not suitable for traffic, as they may cause damage to the lower part of the body and / or other types of damage.
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 in the place, date and time agreed upon as the end of the contracted lease period. THE CLIENT expressly assumes the legal consequences derived from the alterations made in the leased vehicle that has not been expressly authorized by AUTOMOVILES JUAN CALPE, S.L.U. Under no circumstances will the lease contract be tacitly extended, due to the fact that THE CLIENT does not proceed to the return in question upon the agreed date of completion thereof, requiring express written authorization from AUTOMOVILES JUAN CALPE S.L.U. for said extension. THE CUSTOMER will be responsible for any damage caused to the vehicle once the term of validity of the lease ends and until it proceeds to the return of the same, while AUTOMOVILES JUAN CALPE, SLUConforme THE CLIENT. may claim the compensation that may correspond for the damages and losses caused. In addition, AUTOMOVILES JUAN CALPE, S.L.U. may initiate appropriate legal actions to demand compliance with those expressly agreed between the parties, including by calling for the corresponding criminal action for possible crime of misappropriation by which the security forces of the State are urged to proceed with the arrest and detention of the vehicle.
4.- CHARGES FOR RENT. Under this lease, THE CLIENT will be obliged to pay * Charges derived from the rental of the vehicle and taxes and charges for the replacement value for loss of documents, accessories and / or tools. * In the cases in which it is necessary because the return of the vehicle occurs presenting a state of dirt not according to normal use of the vehicle, an additional cleaning fee for a maximum amount of € 100, after justifying the amount of the service provided . * In the cases in which THE CUSTOMER modifies the conditions agreed in the contract, either because it requests the delivery of the vehicle once the lease period ends in a different place to the one originally chosen, or because it allows the driving of the vehicle by a person not initially included as additional driver, will be obliged to pay the current rates for each of the scenarios contemplated. * In the event that, after the liquidation of the lease contract of the vehicle, an amount in favor of THE CLIENT, AUTOMOVILES JUAN CALPE, S.L.U. he will immediately pay the resulting amount in the same way in which the amount was paid by the first, not being responsible for the delay that could be caused as a result of the steps to be taken by the banking or credit entities. * If THE CUSTOMER requests assistance, it must bear the crane expenses or any other expense that this assistance may cause, except in those cases in which the assistance occurs as a consequence of a technical failure of the vehicle and through the assistance companies designated as such. effect by AUTOMOVILES JUAN CALPE, SLU
5.- POSSIBLE ADDITIONAL CHARGES. In case of breach of the obligations assumed by THE CLIENT in this contract, having to pay any amount established and / or derived from the general conditions of the contract, this expressly authorizes AUTOMOVILES JUAN CALPE, S.L.U. to make the corresponding charges to the credit card provided for this purpose, prior information on the concept by which it is made and justification of its amount. In particular, THE CLIENT expressly undertakes to accept the charges arising from the damages and losses caused as a result of his breach of the obligations reflected in this contract, due to the following concepts: * Compensation for any damage / loss caused to the vehicle and whose coverage is not justified and / or contracted by THE CLIENT together with the costs of immobilization of the vehicle whose amount will result from applying the current rate type in addition to an administrative charge of accidents. * Compensation equivalent to the amount paid by AUTOMOVILES JUAN CALPE, S.L.U. fines, administrative expenses and court costs arising from traffic infractions or violation of laws by any person authorized as a driver, including surcharges corresponding to the delay in payment by the tenant. * Compensation equivalent to the amount of damages and losses caused by the CLIENT’s negligence, among which are expressly included the loss of keys, the error in refueling and the lack of internal elements of the leased vehicle.
6.- REGIME OF THE DAMAGES ARISING FROM THE USE OF THE VEHICLE.
6.1 Damages to THIRD PARTIES. In compliance with current regulations, AUTOMOVILES JUAN CALPE, S.L.U. keeps at all times contracted and in force insurance with first class companies that covers the civil liability of the authorized drivers of the rented vehicle for personal and material damages suffered by third parties due to the circulation of the same. The insurance of the vehicles of the fleet of AUTOMOVILES JUAN CALPE, S.L.U. will be contracted with any of the following companies: Generali, Mutua Madrilena, Groupama Mapfre, Reale, Zurich, Helvetia and Axa, whose geographical coverage extends nationwide.
Within the framework of this insurance are also insured, up to certain limits, personal injuries (death, total and partial disability and health care costs) suffered by the authorized driver (valid only for Spain). With the signing of this contract, authorized drivers acquire the status of insured for this insurance.
The limits of responsibility c covered by insurance with, at least, those provided with mandatory at all times by current legislation. Without prejudice to the rights in favor of the aggrieved third party, the CLIENT is informed that this insurance has a deductible for all the collateral affected that may be the subject of a claim by AUTOMOVILES JUAN CALPE, S.L.U., whose amounts are indicated in the Commercial Conditions. Likewise, the CUSTOMER is informed of the right of the insurance company to claim the CLIENT the damages caused in those cases excluded from coverage by the insurance. THE CLIENT can consult the general conditions of the insurance at any time. It is expressly noted that the particular conditions of the insurance contracted by AUTOMOVILES JUAN CALPE, S.L.L. for the vehicles subject to lease, exclude the coverage referred to expenses to third parties, to the spouse, ascendants, descendants and siblings or relatives of THE CLIENT as well as to its partners or persons who have the same commercial, labor or dependency relations.6.2 Damage to the VEHICLE. THE CLIENT is responsible before AUTOMOVILES JUAN CALPE, S.L.U. of 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 later, AUTOMOVILES JUAN CALPE, S.L.U. offers the CUSTOMER the rental of the vehicle under three modalities: A) Default mode: BASIC INSURANCE. (Obligatory insurance). No coverage for breakage of windows, glass, mirrors and tires. No coverage for clutch damage, bumps, loss of keys. Without medical assistance coverage to driver and passengers. During the rental period, the amount of € 750 will be retained in the CLIENT’s credit card as DEPOSIT. The DEPOSIT is a guarantee in case of damage / theft of the vehicle. This amount will be refunded automatically if there has been no damage or theft of the vehicle during the rental period. The client must bear in mind that this amount does not represent his total responsibility for franchising, since this extends to the totality of the repair for the existing damages. B) Optional mode 1 – INSURANCE AT ALL RISKS WITH FRANCHISE. Full insurance € 6 / day (minimum 3 days) with a € 700 deductible. In this case the responsibility of the client for damages produced will be extended up to that amount for the repair of the same. In the same way as in the previous case, a retention of € 750 will be made on the credit card of THE CUSTOMER as DEPOSIT. In addition, if the vehicle is involved in an accident during the rental period there is an administrative charge of € 50. In any case, for the effectiveness of this limitation of liability, it will be essential to declare the damages and, if applicable, the presentation of the corresponding accident part in which all the data referring to the accident or loss occurred (data of the vehicles and / or persons involved, as well as a description of what happened and the damage caused). Likewise, under this modality AUTOMOVILES JUAN CALPE, S.L.U. partially exempts THE CLIENT from liability for 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 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 moment of communicating the facts to AUTOMOVILES JUAN CALPE, SLU, and a copy of the criminal complaint filed with the authorities competent. 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 above, the CLIENT is expressly warned that the limited liability exemption will not reach the damages caused by any of the following circumstances, in which case AUTOMOVILES JUAN CALPÈ, S.L.U. You can claim your full amount: * Damages produced in the tires, either produced by blows given to them or by an excess load in the leased vehicle. * Damages caused both in the bowlers or locks, as in the lenses of the leased vehicle. * Damage caused by the removal of wheels, elements of the lower or lower part of the vehicle, roof, double keys, bowlers, seats and leased vehicle glass. * Damages or missing that would have been caused in the parts and components of the vehicle, interior, exterior and mechanics, in the event that the leased vehicle was stolen or attempted to be stolen. In these 2 previous cases A and B will be carried out a charge to the DEPOSIT of THE CUSTOMER for an amount of 225 € per piece damaged. C) Optional mode 2 – INSURANCE AT ALL RISK. Comprehensive insurance without excess from € 15 / day (minimum 3 days). Deposit € 0 – Includes: Theft insurance, accident and collision. Coverage for breakage of windows, glass and mirrors. 24 hour roadside assistance. Coverage for clutch damage, blows. Medical assistance insurance for driver and passengers. Under this modality, and without prejudice to what will be indicated later, AUTOMOVILES JUAN CALPE, S.L.U. fully exempts the CLIENT, in exchange for payment of the additional amounts for rental of the vehicle specified in the Commercial Conditions of this contract, for the damage caused to the vehicle or derived from its illegitimate removal from which it would be responsible under the previous modality A) by default, you can not opt for this type of contract after the subscription of the rental contract. D) Damages not covered under any of the above contracting modalities. Whatever the type of contract chosen by THE CLIENT, he will always respond to AUTOMOVILES JUAN CALPE, S.L.U. up to the full amount (including the loss of profits), according to THE CLIENT. derived from the impossibility of renting the vehicle) of the damages and losses caused by any of the following circumstances: * Damages produced by accidents in which the efficient cause thereof is a serious violation of the traffic regulations, or on commission of a conduct constituting a crime against traffic safety. * Damages caused by driving under the influence of alcohol or drugs. * Damage caused to the leased vehicle as a consequence of accidents caused by improper driving or severely negligent behavior of the CUSTOMER or authorized drivers, when this has been revealed in a legal proceeding. * Damages caused in the double keys delivered to the tenant for the opening of the vehicle and the upholstery. * Damage caused as a result of weather phenomena, as well as assistance expenses derived from them. * Damage / loss of children’s chairs. * Damage / Loss / Subtraction of keys, jack, safety triangles, vests, windshield wipers, fuel tank cap, boot tray, or any other mobile or fixed component of the vehicle. * Damage to the engine due to negligence. * Damages due to inadequate gasoline refueling. * Subtraction of the vehicle with the keys placed. * Fines for traffic infractions or infractions of laws during the rental period are the responsibility of the driver of the vehicle. In case of receiving a fine, the amount of € 50 will be charged as a fine.
6.3 Damage TO PROPERTY PROPERTY OF CUSTOMER. The damage, loss or theft of the goods owned by the CLIENT that are in the vehicle will be totally and exclusively at his expense, and are not covered by any insurance or under any of the contracting modalities specified in the previous section.
- ACCIDENTS. THE CUSTOMER undertakes to immediately inform of any incident to AUTOMOVILES JUAN CALPE, S.L.U. and to transmit to you all the notifications that refer to said incident, as well as to provide maximum cooperation to AUTOMOVILES JUAN CALPE, S.L.U. as to 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 occurred. * Obtain the complete information of the opposing party and of all the circumstances surrounding the accident. * If it is not possible to sign the corresponding accident friendly part, it will immediately notify the authorities if there is culpability of the opposing party.
- REPAIR, LUBRICATION, OILS AND COMBUSTIBLES. THE CLIENT must check fluid levels every 1,000 Kms and replace them if necessary. The costs for replacement of liquids (excluding those produced by negligence), will be paid after the presentation of the corresponding receipts for the realization of said service. Repairs derived from damages and / or breakdowns will be made in the concerted workshops that expressly designate for this purpose AUTOMOVILES JUAN CALPE, S.L.U. who will assume the payment of the amounts to which they ascend, provided that the conditions established in this contract are met. If it had to be carried out in workshops not arranged by AUTOMOVILES JUAN CALPE, SLU, 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 moment in which it presents the receipts evidencing the provision of the services and the amount to which they rise. THE CUSTOMER must refuel the vehicle with the type of fuel suitable for it, the amount of which will always be at his charge. AUTOMOVILES JUAN CALPE, S.L.U. will proceed to the return of the amount delivered in deposit to guarantee the payment of the fuel that is delivered with the rented vehicle, when this is expressly established in the conditions of the modality of contracting chosen by the client. In the cases in which said modality of contracting has established the charge as “refueling service”, AUTOMOVILES JUAN CALPE, S.L.U. will return to the customer the amount corresponding to the percentage of fuel not consumed, based on those reflected in the volume indicator in the deposit, except the additional charge of € 18 for the “refueling service”, which is expressly authorized to carry out , by the expense that for this one it supposes the displacement of his operarios for the realization of said refueling operations.