Contract terms and conditions

This contract governs the terms and conditions for the lease of a vehicle for a specific period of time.

The leased vehicle is owned by Carmove Europe SL or, where applicable, the company holds a right of use authorizing subletting. In any case, during the term of the contract, the vehicle's ownership and registration status will remain unchanged. It is expressly prohibited to: assign, rent, mortgage, pledge, sell, or otherwise use the vehicle as collateral. However, during the lease period, you must diligently safeguard the vehicle and use it responsibly, in accordance with the following clauses:

The lessee receives the vehicle described above in perfect working condition, with all documents, tires, tools and accessories and undertakes to keep them and drive the vehicle according to the rules of the Traffic Code; the holder of the contract declares to have carried out a visual inspection of the vehicle, having started it before its removal, in view of which he certifies the correct condition of the car.

It is expressly prohibited, under penalty of law as set out in point 10 of this document:

– Driving the vehicle by persons not authorized in the contract. Any use of the vehicle by a person not party to the contract must be reported and accepted.If this information is not provided, the vehicle insurance will not cover the non-contracting third party. Traffic fines will be the responsibility of the authorized person(s) named in the contract; in case of discrepancy regarding identification, the signatory will be held responsible.

– The driver must ensure that the maximum number of seats in the vehicle is not exceeded.

– Driving the vehicle outside of Spain without having notified the Lessor at the time of formalizing the contract or subsequently, without CARMOVE EUROPE SL giving its reliable consent.

– Transporting people or goods when this explicitly involves subletting the vehicle. If, during the rental period, the vehicle is used for any part of the following activities: Shared trips with people with whom there is no affinity relationship, or using intermediary platforms for this type of transport, must be communicated to the vehicle owner and authorization must be obtained for this purpose. Without authorization, the lessee will be responsible for all resulting charges.

– Driving the vehicle in inferior physical condition, caused by alcohol, drugs, fatigue or illness.

– Using the vehicle to push or tow other vehicles.

– Participating with the vehicle in races, sporting competitions, etc. Carrying out extreme or demanding sporty driving that causes premature or abnormal wear of vehicle components that does not correspond to the mileage driven and that originates from excessive demands on the part of the Lessor.

– Tampering with the vehicle's odometer, and immediately informing the lessor of any malfunction.

– Driving outside the national road network or on any unsuitable terrain, expressly excluding from insurance coverage damage to the underside of the vehicle or mechanical components that are damaged as a result of poor driving, as well as damage caused by driving in restricted areas of the road network.

– Do not stop the vehicle as soon as possible when any warning light or alarm indicating an anomaly in the operation of the vehicle illuminates or sounds, or when such an anomaly is detected by the Renter, and contact the Lessor so that they can arrange for the appropriate action or contact the insurance assistance company.

– No payment will be made for any repairs or assistance other than that provided without prior authorization from the Landlord.

– Modifying any technical characteristics of the vehicle, the keys, equipment, tools, and/or accessories. In the event of non-compliance with this article, the lessee shall bear the duly justified costs of restoring the vehicle to its original condition, as well as pay a fee for vehicle immobilization.

– Transporting children under three years of age or over three years of age who do not exceed a height of 150 centimeters without using the corresponding mandatory approved restraint device according to the weight and height of the child.

– The vehicle must be parked in safe areas designated for that purpose. Parking in prohibited or dangerous areas that could cause damage to the vehicle is expressly forbidden.

The driver must be aware of road conditions at all times. Driving must be adapted to road conditions, and the recommendations of the authorities must be followed. In the event of a road alert, the driver must adhere to its contents and may not move the vehicle if the authorities advise against it. If the vehicle is moved, the lessor will be responsible for any damage that may occur, including but not limited to rain, wind, or snow.

The owner and driver must meet the following requirements:

– To be in possession of a license that enables you to drive motor vehicles according to state regulations and a valid DNI or NIE.

– Be over 25 years old and have held a driving license for a minimum of 2 years.

– Provide ID card, residence card or passport with a valid address.

– Not to encounter any physical limitations, temporary or permanent, for the development of driving skills.

– The authorized driver(s) must provide a declaration stating that: they are not under investigation in any legal proceedings related to road safety; and they have not been convicted by a final judgment related to road safety.

The rental vehicle includes 300 kilometers for each day that its use is enjoyed under the contract.

3.1) The services not included in the rate price are:

- Each additional kilometer  will have an amount of 0,25€ (Mileage bonuses)*).

– The rental period is for a fixed term, unless otherwise agreed with the lessor. In case of delay on the return no communication and after the agreed date and time, it will be applied for each day exceeded the maximum rental rate for the rented vehicle.

- For delay upon delivery of the vehicle longer than one hourFor reasons not attributable to the lessor, an invoice will be issued. one day's rental at the maximum rate established for the type of vehicle. In the event that the vehicle is not returned to the company premises, Carmove undertakes to collect the vehicle after the end of the contract within a period of 2 hours from the notification of the lessee.

*Mileage bonuses: Prior to signing the rental agreement, the following bonus packages with additional kilometers can be purchased:

– 500 km for €40

– 1,000 km for €75

The aforementioned vouchers cannot be purchased once the contract has been signed. Their validity will depend on the proposal and subsequent acceptance by Carmove Europe SL, which will be stated in the contract document.

  3.2) The penalties for actions or omissions that entail intervention by the company beyond what is stipulated are:

 - The refueling services Charges levied by the company for not returning with the agreed amount of fuel will be €15, for the service fee.

– Exceptional cleaning or upholstery repair. If the vehicle is returned with an interior dirtier than expected from normal use, a cleaning service fee of €50 will be charged. If any interior damage is also present, an additional charge will apply. Damage is defined as that caused by: chewing gum, resins, acids, oils, inks, etc., when such damage requires the use of specialized cleaning products. Standard cleaning products include water, soap, and conventional cleaners. This cleaning service will be billed hourly at a rate of €50 per hour.

– Smoking inside the vehicle is expressly prohibited. A fee of €100 will be charged for cleaning and disinfecting the vehicle due to smoking inside.

– The service fee for carrying out traffic-related procedures will be charged to the lessor in the amount of €30.

– For vehicle immobilizations resulting from negligent use, a charge of €50 will be applied to the responsible party for each day of immobilization for the necessary repairs.

– Charges incurred due to the loss or abnormal deterioration of: vehicle documentation; loss of tires, tools, accessories, etc.; and intentional and non-accidental damage to tires, undercarriage and bodywork will be billed according to the manufacturer's prices, or at prices set by the Competent Administration in the case of documentation.

– In case of incorrect refueling, the customer will pay all expenses incurred (towing, tank emptying, etc.). IF IN DOUBT, CHECK OR ASK ABOUT THE APPROPRIATE FUEL BEFORE REMOVING THE VEHICLE.

 3.3) Accidents with negligent conduct

The lessee will bear the repair costs in the event of damage to the vehicle caused by an accident, when the following circumstances apply:

– That the vehicle was not used in accordance with the conditions established in this contract.

– That the accident report had not been completed within the specified period or that it did not correspond to the reality of the events that occurred.

The Tenant agrees to pay the Landlord the expenses or charges previously described, without prejudice to CARMOVE EUROPE SL's right to take any legal action it deems necessary, both amicably and through litigation, to recover the outstanding debt, should the Tenant fail to comply with the monetary claim. If, due to the Tenant's refusal, the matter is brought before a Court, a penalty clause of €600 will be imposed to cover the resulting legal expenses, in addition to the amount accrued for interest, court costs, and the principal amount of the debt claimed.

During the period of possession of the vehicle, the lessee will be responsible for any traffic violations or offenses related to road safety, even if these were committed by someone authorized by the lessee, whether or not they are named in the contract. In all cases, the lessee must identify the driver, and, specifically, the driver must provide the company with a written statement formally acknowledging the alleged violation.

The tenant understands and accepts that upon identification of the offender, their data will be provided in order to verify the subject of the penalty. Should the tenant wish to pursue any appeals or actions they deem appropriate, the company will be exempt from any liability and responsibility for any resulting claims.

The service fee for handling traffic-related procedures will be charged to the lessor in the amount of €30. This includes procedures arising from discrepancies in driver identification. A duplicate charge will be applied if the company has to carry out more than one procedure with the administration.

In any case, Carmove Europe SL will never act as a subsidiary or jointly liable party for acts not committed by its own staff. Fines and legal expenses resulting from traffic violations or breaches of the law will be the responsibility of the lessee.

Payment is made in advance of the full amount of the reservation. Payment can be made by the following means: physical bank card, online payment, or bank deposit or transfer confirmed by the company, before the contract is finalized or any subsequent modifications are made.

In the case of billing for additional services, the company will request payment from the customer for any applicable charges at the time of contract termination. For charges that are the customer's responsibility, such as traffic fines or damages resulting from negligence or misuse of the vehicle, the customer will be informed as soon as the taxable events become known.

The tenant will be obliged to pay these amounts within 3 days of notification (plus the management fees stipulated in this document). Failure to do so will result in legal action, and a penalty clause of €600 will be imposed to cover the company's expenses, in addition to the amount accrued for interest, legal costs, and the principal amount of the debt claimed.

Likewise, it is reported that any non-compliance regarding payments, payments for complementary services or those monetary responsibilities that have the user/tenant as the passive subject, will imply, after one week from its request, made by the company in writing, the inclusion in the ASNEF DEFAULT FILES.

 In compliance with Law 10/2010, of April 28, on the prevention of money laundering, the landlord confirms that the amounts intended for the payment of the rent come from declared and lawful activities.

  PROVISION OF GUARANTEE

At its discretion and based on statistical criteria, the leasing company may request a security deposit prior to the commencement of the vehicle rental agreement. This guarantee is optional for the company. For contracts requiring an additional guarantee, CARMOVE EUROPE SL will inform the contracting customer of this requirement by telephone or in writing before the vehicle is delivered.

The deposit amount may range from FIFTY EUROS (€50) to SIX HUNDRED EUROS (€600). The amount varies depending on the risk analysis carried out by the company.

The contract is considered validly concluded from the moment you have completed the payment for the rental of the vehicle, so you must communicate the continuation of the rental and proceed to pay the deposit within the established deadlines; or, withdraw from it.

If the reservation is made online, and the company requires a security deposit after payment, the deadline for submitting the deposit to the rental company is immediately before the vehicle is picked up. Notification of any new issues with the rental process will be sent in writing to the email address used to make the reservation.

At the customer's request, due to cancellation of the rental, a refund will be issued within 72 business hours, and this will not give rise to any claims for any other reason. This cancellation is a mandatory requirement for the contract to be considered ineffective.

Due to the failure to provide the rental company with the aforementioned guarantee within the established deadlines, and given the customer's failure to comply with the duty to communicate the withdrawal, the rental amounts will remain the property of the company due to the opportunity cost (loss of profit) of having the vehicle blocked for the non-compliant customer.

Unless otherwise agreed, the vehicle will be delivered and collected at the time of return by CARMOVE EUROPE SL at the point indicated by the lessor.

At this location, it will be mandatory to expressly and formally sign the rental agreement. In the interest of transparency and information, CARMOVE EUROPE SL makes the agreement available to its customers on its website, and customers, upon making a reservation, acknowledge and accept the various clauses included. The contract to be signed will be identical to these Rental Conditions; therefore, refusal to sign will not result in any refund of the amounts paid for the vehicle rental.

The pick-up and drop-off point and time will be communicated by telephone or computer at least two hours in advance by the lessee.

Changes to location or delivery or collection time made with less notice than indicated will be subject to company availability.

The delivery or return of the vehicle must be carried out in a location that has the following conditions: the street must have enough space to carry out the action without hindering traffic; the location must allow the free circulation of vehicles without administrative authorization, otherwise the lessee must ensure that he requests and communicates to the lessor in a timely manner the granting of the authorization or carry out the action in a parking lot assuming the cost.

For deliveries outside the limits of the capital of Madrid, please consult the leasing company for rates and availability.

The Renter will return the rented vehicle in perfect condition and in the same way as it was delivered; along with all its documents, keys, tires, tools and accessories, at the place and date agreed with the Lessor.

Failure to comply with this condition entitles the Lessor to legally demand the return of the vehicle and to claim from the client the fees for extraordinary services established.

7.1) FUEL

The vehicle will always be delivered with a full tank of fuel. A "Full/Full" policy applies to both delivery and return.

If the vehicle is delivered by the company to the lessee at their home or a pre-arranged location, the lessee agrees that the fuel needed for the journey will be their responsibility. Likewise, If the return is made to your home or a pre-arranged point, you must ensure that the fuel tank is at its maximum capacity.

ANDIf the vehicle is returned outside the company premises, the renter is required to refuel within an 8 km radius. The renter must retain the refueling receipt, ticket, or invoice. Failure to comply with this requirement will result in the loss of any applicable rental offers.

Refueling services performed by the company due to the vehicle not being returned with the agreed-upon amount of fuel will incur a €15 service charge, plus the cost of the remaining fuel to complete the tank. The company will provide a copy of the ticket, invoice, or receipt to the responsible renter.

The rental agreement ends on the date specified in the agreed terms. However, it does not automatically terminate because there may be circumstances for which the tenant would be liable, such as potential traffic violations.

EARLY WITHDRAWAL

He early withdrawal it operates when the tenant wishes to terminate the contract before its agreed term. In such case, the following conditions apply:

• The contract will be charged in full. Early termination of the contract will not result in any refund, except in the following cases:
• The declaration by the authorities of exceptional circumstances that limit the movement of people within the national territory. Restrictions outside the national territory will not affect this contract.

He early withdrawal It can also be done on behalf of the company When the rental conditions are not met for reasons not attributable to the company, the contract will be considered validly formalized due to the company's good faith and the client's breach of contract.

Specifically, and among other reasons, for failing to provide the rental company with the security deposit (when requested from the customer) within the stipulated timeframes, if the customer fails to comply with the obligation to notify the company of their withdrawal as provided in section “5.a”, the rental amounts will become the property of the company due to the opportunity cost (lost profits) of having the vehicle blocked for the non-compliant customer. Consequently, the contract will be terminated based on the company's early withdrawal. We reiterate, the obstructive conduct described (failing to notify the company regarding the continuation or withdrawal of the rental) will be penalized with the amount paid for each rental period, as compensation.

CONTRACT TERMINATION

The contract will be terminated immediately for the legally stipulated reasons and, in any case, the moment the lessor crosses the national border, unless otherwise stipulated in the contract. It will also be terminated when CARMOVE EUROPE SL is reliably informed that the vehicle is being used improperly or for illegal activities by the lessee.

This directly empowers the vehicle owner to recover it without any obligation to justify the cause.

The reasons for termination and their procedure are completed in section 10 of this document.

In consideration of the operational costs generated by a reservation, cancellation made within 4 hours immediately prior to the start of the contract will result in a penalty of 50% of the maximum daily rate.

• CANCELLATION DUE TO FORCE MAJEURE

The existence of exceptional circumstances of Force Majeure may lead, at the company's discretion, to the unilateral cancellation of the rental reservation.

This cancellation, which will be communicated to the client with a statement of reasons, will take immediate effect due to the non-performance of the contracted service. These reasons may also arise during the contract period, leading to its early termination. In this latter case, the amount will be refunded for the remaining days of the contract.

Whenever the conditions of Force Majeure arise, the client/lessee assumes that such untimely contingency will not give rise to any compensation from the company.

Failure to heed the request made to the customer for early termination of the rental due to force majeure will entitle the company to collect the car and, where applicable, to the corresponding compensation.

For breaches by the lessee as set forth in this document, or for any other legally stipulated reasons, the contract may be terminated immediately. In such case, the lessor will send the termination notice to the contact information provided by the lessee in the contract, and this notification will constitute sufficient proof of termination.

The above implies the immediate return and availability of the vehicle to its rightful owner or usufructuary (Carmove Europe SL). Otherwise, Carmove Europe SL is entitled, after sending the termination notice, to recover the vehicle from its current location, electronically immobilizing it if necessary. The costs of such actions and travel will be borne by the lessee, and a penalty clause of €1,000 is established for forced termination of the dispute, which does not include any potential claim for damages through legal proceedings.

In cases of rental agreements where a security deposit has been paid as a guarantee for the establishment of the contract, the deposited amounts will cover part of the aforementioned penalty clause. Similarly, for rentals with a security deposit, early termination of the contract due to breaches of the terms and conditions, initiated by CARMOVE EUROPE SL, will result in the forfeiture of the security deposit, even if the vehicle is voluntarily returned by the customer.

All vehicles have a valid insurance policy with the coverage called “All Risks”. This does not preclude damages resulting from misuse of the vehicle from being covered by the aforementioned insurance.

The rental agreement includes roadside assistance.

In case of any accident or incident, the lessee or driver will have the following telephone numbers available for assistance from CARMOVE EUROPE SL staff.

Driving licenses issued by foreign authorities within the national territory will require a bond of between €300 and €600, depending on the case. for the establishment of the rental agreement. The deposit will be returned within a maximum of seven business days after the rental period ends.

The bond will be used to cover any non-ordinary expenses, charges or penalties.

The Lessor, CARMOVE EUROPE SL, declares that it has taken the necessary precautions to avoid mechanical failures of the rented vehicle, but in the event that these occur, it does not assume any responsibility for the damages that may be caused directly or indirectly to the Lessee, as a result of said failures or breakdowns, understanding them to be random and circumstantial.

In the event of insurance intervention, the insurance company's actions regarding its deadlines and related circumstances will never result in liabilities or compensation where the company is considered to be in breach.

The contract is for the lease of a vehicle for a fixed term. It shall be governed by the clauses contained herein and, in matters not covered therein, by the provisions of the Commercial Code, any applicable special laws, customary practices, and, failing that, by the provisions of the Civil Code. The service guarantee is protected by Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

This contract shall be governed by Spanish law. The parties agree that any dispute, question, claim, or disagreement between them arising from the interpretation and/or execution of this agreement that cannot be resolved amicably shall be definitively resolved by the courts of the city of Madrid, with express waiver of any other jurisdiction that may apply to either party. Spanish law shall apply in all cases.

The landlord makes a sworn declaration that the identifying information provided is true and valid. I declare that I comply with and accept all the terms of the rental agreement. The undersigned, in witness whereof and in good faith, signs this document accepting its contents on the date and at the place indicated.

In case of accident, the Lessee agrees to:

– Obtain the complete details of the opposing party and any possible witnesses, completing an accident report, which you will send to the landlord within forty-eight hours after the accident occurs.

– Immediately inform the landlord of the fact.

In the event of non-compliance with the above, the lessee will be responsible for any repercussions resulting from their breach of contractual good faith.