Terms and conditions

Terms and conditions

The following are our terms and conditions for your car rental service

This contract regulates the conditions for the lease of a vehicle for a specific period of time.

 

The leased vehicle is the property of Carmove Europe S.L. or, if applicable, the company has a title of use with authorization for subleasing. In any case, during the term of the contract, the vehicle will not alter its status in terms of ownership and registration. It is expressly forbidden: to assign, rent, mortgage, pledge, sell or any other form of pledging. However, during the rental period you shall diligently guard the property and make responsible use of it, in accordance with the following clauses:

The lessee receives the vehicle described above for rental 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 Highway Code; the contract holder declares to have carried out an ocular inspection of the vehicle, to have started the vehicle prior to its removal, in view of which he certifies the correct condition of the car.

 

It is expressly forbidden, under penalty provided for in point 10 of this document:

 

- Driving the vehicle by persons not authorized in the contract. Any use of the vehicle by a person outside the contract must be communicated and accepted; if such information is not provided, the vehicle insurance will not cover the non-contracted third party. Traffic sanctions will be the responsibility of the authorized person or persons authorized in the contract, in case of discrepancy on the identification, the signer will be 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 informed the Lessor at the time of formalizing the contract or subsequently, without CARMOVE EUROPE S.L. giving its reliable consent.

- Transporting persons or goods when this explicitly implies the subleasing of the vehicle. In the event that during the rental period the vehicle is used for shared trips with people with whom there is no affinity relationship, or intermediary platforms are used for this type of transport, the owner of the vehicle must be informed and receive authorization for this purpose. In the absence of such authorization, the lessee shall be responsible for any charges arising therefrom.

- Driving the vehicle in inferior physical conditions, due to alcohol, drugs, fatigue or illness.

- Using the vehicle to push or tow other vehicles.

- Participating with the vehicle in races, sports competitions, etc. Carrying out an extreme or demanding sport driving that causes a premature or abnormal wear of elements of the vehicle that does not correspond to the kilometers driven and that has its origin in an excess of demand by the Lessor.

- Manipulate the vehicle's odometer, and must immediately notify the lessor of any damage to the vehicle.

- Transit outside the national road network or any unsuitable terrain, being expressly excluded from the insurance coverages the damages to the underbody of the vehicle or mechanical components that are damaged as a consequence of bad driving, as well as the damages produced by circulation in restricted areas of the road network.

- Not to stop the vehicle as soon as possible, when any light or alarm that indicates an anomaly in the operation of the vehicle lights up or sounds or is detected by the Renter, and the Renter must contact the Lessor so that the latter may arrange the appropriate measures or contact the insurance assistance company.

- No repair or assistance other than that provided will be paid for without prior authorization from the Lessor.

- Modify any technical characteristics of the vehicle, keys, equipment, tools and/or accessories. In the event of non-compliance with this article, the lessee shall bear the costs, duly justified, of reconditioning the vehicle to its original state, as well as paying an amount for the immobilization of the vehicle.

- 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 restraint device approved according to the weight and size of the child.

- The vehicle must be parked in safe areas designated for that purpose. It is expressly forbidden to park in prohibited or dangerous areas that may cause damage to the vehicle.

- The driver must pay attention to the state of the road network at all times. Adapt his driving to the state of the roads and respect the recommendations of the authorities. In the event of an alert, the driver must comply with its contents, and may not move the vehicle if the authorities indicate such a recommendation. In the event of traffic, the lessor shall be responsible for all damages that may occur. Examples are rain, wind or snow storms.

 

 

The holder and driver must meet the following requirements:

- To be in possession of a license that enables him/her to drive motor vehicles according to state regulations and a valid D.N.I. or N.I.E. (National Identity Card).

- Be older than 25 years old and have held a driver's license for at least 2 years.

- Bring ID card, residence card or passport with valid address.

- Not being with physical limitations, temporary or permanent, for the development of driving.

- The authorized driver(s) must provide a declaration of responsibility regarding: not being under investigation in a judicial case related to Road Safety. Not having been convicted by a final judgment related to Road Safety.

The rented vehicle includes 300 kilometers for each day on which it is used under the contract.

3.1) Services not included in the tariff price are:

- Each additional kilometer will be charged at 0.25€ (Mileage bonus*).

- The rental period is for a fixed term, unless otherwise agreed with the rental company. In case of delay in the return , not communicated and after the agreed date and time, the maximum rental rate for the rented vehicle will be applied for each day exceeded.

- For delays of more than one hour in the delivery of the vehicle, for reasons not attributable to the lessor, one day's rental will be charged at the maximum rate established for the type of vehicle. In the event that the vehicle is not returned at the company's premises, Carmove undertakes to pick up the vehicle after the end of the contract within 2 hours of the hirer's notice.

*Mileage bonuses: prior to signing the rental contract, the following additional mileage bonuses may be contracted:

- 500 km for an amount of 40 €.

- 1,000 km for an amount of 75 €.

The aforementioned bonuses cannot be contracted once the contract has been signed. Its effectiveness will be given by the proposal and subsequent acceptance of Carmove Europe S.L., who will state it in the contractual document.

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

- Refueling services performed by the company for failure to return with the agreed amount of fuel will have a cost of 15 €, for the service fee.

- Exceptional cleaning or repair of upholstery. In case of return of the vehicle with a state of interior dirtiness superior to that of normal use, a cleaning service charge of 50 € will be invoiced. In the event of damage to the interior of the vehicle, the service will be charged at an extra cost. Damages shall be understood to be those caused by: chewing gum, resins, acids, oils, inks, etc., when they require the use of specific products that are not usual, meaning water, soap and conventional cleaners. The cost of this cleaning will be invoiced by the hour, at a rate of 50€ per hour.

- Smoking inside the vehicle is expressly prohibited. The sanitization and disinfection of the vehicle for smoking inside will cost 100€.

- The service fee for the completion of traffic formalities will be charged to the lessor in the amount of €30.

- For immobilizations of the vehicle resulting from negligent use, for each day of immobilization to carry out the necessary repairs, a charge of 50€ will be applied to the causer.

- Charges resulting from 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 wrong refueling, the customer will pay all expenses incurred (towing, emptying the tank, etc.). IN CASE OF DOUBT, PLEASE CHECK OR ASK FOR THE RIGHT FUEL BEFORE REMOVING THE VEHICLE.

3.3) Accidents involving negligent conduct

The repair costs shall be borne by the lessee in case of damage caused to the vehicle by accident, when the following circumstances concur:

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

- That the accident report was not completed within the indicated period or that it did not conform to the reality of the events that occurred.

The Lessee undertakes to pay to the Lessor the expenses or charges previously described, without prejudice that in case of not attending to the monetary claim CARMOVE EUROPE S.L. is legitimized to undertake as many actions in Law as it deems necessary, both amicably and jurisdictional, in claim of the contracted debt. When the tenant refuses to settle the case in a Court or Tribunal, a penalty clause of 600 € is established for the derived legal expenses, in addition to the amount accrued for interest, costs and the amount of the debt claimed.

During the period in which the possession of the vehicle is held, the lessee shall be responsible for traffic offenses or commission of offenses in matters of Road Safety, even when these have been committed by persons authorized by the lessee, whether or not they appear in the contract. In any case, the driver must be identified and, in particular, said driver must reliably assume, in writing to the company, the infraction of which he/she is accused.

 

The lessee understands and assumes that at the time of identification of the offender will be provided their data, in order to certify the subject of the penalty. If he/she wishes to make any appeals and actions, the company will be exempted from any responsibility and destination of the claims.

 

The service fee for the completion of traffic formalities shall be charged to the lessor in the amount of €30. These include those arising from a discrepancy in the identification of the driver. A duplicate charge will be applied if more than one procedure has to be carried out by the company before the administration.

 

In any case, Carmove Europe S.L. will never act as subsidiary or jointly and severally liable for acts not committed by its internal personnel. The fines and legal expenses caused by traffic infractions or infraction of the laws, will be on behalf of the lessee.

The form of payment is determined in the form of "payment in advance" of the entire reservation. It can be made by the following means: physical bank card, payment by web, deposit or bank transfer confirmed by the company, before the perfection of the contract or the execution of the successive modifications.

In the case of invoicing for additional services, the company shall require the customer to pay the corresponding charges at the time of termination of the contract. In the case of charges that are the customer's responsibility, such as traffic fines or damages resulting from carelessness and improper use of the vehicle, the customer will be informed at the time of knowledge of the taxable events.

The lessee will have the obligation to pay them within 3 days of their communication (plus the management charges provided for in this document). Otherwise it will be claimed judicially, establishing in addition a penalty clause of 600 € for the expenses generated to the company, in addition to the amount accrued for interest, costs and the amount of the debt itself claimed.

Likewise, it is informed that any default in payments, payments for complementary services or those monetary responsibilities that have as passive subject to the user/lessee, will suppose after one week from its requirement, made by the company in written form, the inclusion in the ARCHIVES OF MOROSITY OF ASNEF.

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

 

PROVISION OF BAIL

At its discretion and based on statistical criteria, the leasing company may request a guarantee prior to the constitution of the vehicle rental. Such guarantee shall be optional for the company. For contracts in which the constitution of an additional guarantee is mandatory, CARMOVE EUROPE S.L. will inform the contracting customer of this circumstance by telephone or in writing prior to delivery of the vehicle.

The amount of the deposit may vary from FIFTY EUROS (50 €) to SIX HUNDRED EUROS (600 €). The amount varies according to the risk analysis performed by the company.

The contract is deemed to be validly concluded from the moment in which you have proceeded to the perfection of the payment of the rental for the vehicle, so you must communicate the continuation of the rental and proceed to the payment of the security deposit within the deadlines provided, or withdraw from it.

In case of making the reservation via web, in the event that the company requires a deposit once the payment process has been completed, the maximum term for the delivery of the deposit to the lessor will be until the moment prior to the delivery of the rented vehicle. The method of notification, for the communication of the new contingency in the rental process, will be by written form to the email from which the reservation was made.

At the customer's request, if he/she cancels the rental, a refund will be made within 72 working hours, without giving rise to claims for any other concepts. This withdrawal is a mandatory requirement to understand the contract as ineffective.

By reason of failure to make the aforementioned guarantee available to the rental company within the time limits provided, in the event of non-compliance with the duty to communicate the cancellation by the customer, the rental amounts will remain the property of the company for 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 picked up at the time of return by CARMOVE EUROPE S.L. at the point indicated by the lessor.

At this location it will be mandatory to sign expressly and reliably the rental contract. For the sake of the duty of transparency and information, CARMOVE EUROPE S.L. makes available to its customers the contract on the website and these at the time of booking are aware and accept the plurality of clauses subscribed. The contract to be signed will be identical to these Rental Conditions; therefore the refusal to sign will not imply any refund of the amounts paid for the rental of the vehicle.

The hirer will be informed by telephone or computer of the pick-up and return point and time at least two hours in advance.

For changes of location or time of delivery or pick-up made with less notice than indicated, will be subject to availability of the company.

The locations of delivery or return of the vehicle must be in a location that has the following conditions: the street must have enough space to perform the performance without hindering traffic; the location must allow the free circulation of vehicles without administrative authorization, otherwise the lessee must ensure to request and communicate to the lessor with sufficient time the granting of authorization or perform the performance in a parking lot assuming the cost by the lessee.

For deliveries outside the limits of the capital of Madrid, please consult rates and availability with the lessor.

Renter shall return the rented vehicle in perfect condition and identity as it was delivered; together with all its documents, keys, tires, tools and accessories, at the place and on the date agreed with Lessor.

Failure to comply with this condition entitles the Lessor to demand the return of the vehicle and to claim from the customer the established extraordinary service fees.

 

7.1) FUEL

The vehicle will always be delivered with a full tank. The "Full/Full" policy is established for delivery and return.

In the event that the vehicle is delivered by the company to the hirer at his home or at a predetermined point, the hirer agrees that the gasoline necessary for the trip shall be at his expense. Likewise, in the event that the vehicle is returned to the lessor's address or pre-determined point, the lessor must make sure that the fuel tank is at maximum capacity.

Ehe obligation exists to refuel the vehicle, in the case of return outside the company's premises, within a radius of less than 8 km. The lessee must keep the receipt, ticket or invoice of the refueling. The omission of this requirement will result in the loss of the offers that could have been applied to the rental.

 

The refueling services performed by the company due to failure to return with the agreed amount of fuel will have a cost of 15 €, for the service fee; to which will be added the missing fuel in the tank to complete its filling. The company will provide a copy of the ticket, invoice or receipt to the lessee.

 

The rental contract terminates on the date stipulated in the terms and conditions of the contract. It does not terminate since there may be causes for which the lessee may be liable, such as possible traffic violations.

 

EARLY WITHDRAWAL

Early termination occurs when the lessee wishes to terminate the contract before the agreed term. In this case, the following conditions apply:

  • The contract will be charged in full. The early cancellation of the contract will not entail any economic refund, except in the following cases:
  • The declaration by the authorities of exceptional circumstances limiting the mobility of persons on national territory. Restrictions outside the national territory shall not affect this contract.

The early cancellation may also be made by the company when the conditions of the rental are not fulfilled for reasons not attributable to it. In such a case the contract will be understood as validly formalized by operating good faith of the company and transgression on the part of the client.

Singularly and among other causes, by reason of not making available to the rental company the security deposit (when requested by the customer) within the deadlines, if the duty of communication of the withdrawal by the customer as provided in paragraph "5.a" is not fulfilled, the rental amounts will remain the property of the company for the opportunity cost (loss of profit) of having the vehicle blocked for the non-observant customer and, consequently, the contract will be terminated on the basis of the early withdrawal made by the company. We reiterate, the obstructionist conduct described (omitting the duty of communication for the continuation or cancellation of the rental) will be sanctioned with the amount paid per rental period, as compensation.

CONTRACT CANCELLATION

The contract will be immediately terminated for the legally foreseen causes and, in any case, at the moment in which the lessor crosses the limits of the national border, if not otherwise provided for in the contract. Also when CARMOVE EUROPE S.L. is reliably informed that the vehicle is being used in an improper manner or in illegal activities by the lessee.

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

The causes for termination and its procedure are completed in section 10 of this document.

Due to the operating costs generated by a reservation, cancellations made in the 4 hours immediately prior to the beginning of the contract period will incur a penalty of 50% of the maximum daily rate.

  • CANCELLATION DUE TO FORCE MAJEURE

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

Such cancellation, which will be informed to the customer by means of a reasoned communication, will produce immediate effects in relation to the absence of materialization of the contracted service. These causes may also appear during the period of validity of the contract, giving rise to an early termination of the contract. In the latter case, the amount for the remaining days of the contract will be refunded.

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

Inadvertence to the request made to the customer for the early termination of the rental due to force majeure shall entitle the customer to the collection of the car by the company's personnel and, where appropriate, to the corresponding compensation.

 

For breaches of the tenant contained in this document, or for the reasons provided by law, the contract may be terminated immediately. The lessor, in such a case, will send the termination document to the means of contact provided by the lessee in the contract, this sending being sufficient proof.

The above implies the return and immediate availability of the vehicle to its legitimate owner or usufructuary (Carmove Europe S.L.). Otherwise, Carmove Europe S.L. is entitled, after sending the resolution document, to recover the vehicle at the point where it is located, blocking it electronically if necessary. The costs of such actions and displacements will be assumed by the lessee and a penalty clause for forced resolution of the dispute of 1,000 € is also established, which does not include the possible claim for damages in litigation.

In the case of rentals in which a deposit has been paid as a guarantee for the constitution of the contract, the amounts deposited will cover part of the aforementioned penalty clause. In the same way, for rentals with deposit, the early termination for breach of the terms and conditions promoted at the request of CARMOVE EUROPE S.L. will result in the loss of the deposit, even if the vehicle is returned voluntarily by the customer.

All vehicles have a valid insurance policy with "All Risks" coverage. This does not mean that damages derived from the misuse of the vehicle are not covered by the insurance policy.

The rental contract includes a roadside assistance service.

For any claim or incident, the lessee or driver will have at his disposal the following telephone numbers for the attention of CARMOVE EUROPE S.L. personnel.

Driving licenses issued by foreign authorities in the national territory, must provide a deposit of between 300 € and 600 €, depending on the case, for the constitution of the rental contract. The deposit will be returned within seven working days after the end of the rental period.

The bond will be used to cover eventual expenses, charges or penalties of a non-ordinary nature.

The Lessor, CARMOVE EUROPE S.L., declares to have taken due precautions to avoid mechanical failures of the rented vehicle, but in the event of such failures or breakdowns, CARMOVE EUROPE S.L. assumes no liability for any damages that may be caused directly or indirectly to the Lessee as a result of such failures or breakdowns, being understood as random and circumstantial.

In case of intervention of the insurance, the procedure of the same as to its terms and circumstances derived will never revert in responsibilities or indemnities in which the company will be considered as non-compliant.

 

The contract shall be for the lease of a vehicle for a specific period of time. It shall be governed by the clauses contained therein and, in what is not provided for therein, by the provisions of the Commercial Code, the special laws that may be applicable, the uses and customs and, failing that, by the provisions of the Civil Code. In guarantee of the service the interested party will be protected by the R.D.L. 1/2007, of November 16, which approves the revised text of the General Law for the defense of Consumers and Users and other complementary laws.

This agreement shall be governed by Spanish Law. The parties agree that any dispute, question, claim or discrepancy between them resulting from the interpretation and / or execution of this agreement that could not be resolved, shall be finally resolved by the courts and tribunals of the city of Madrid, expressly waiving the jurisdiction that each of the parties may be entitled to. The law applicable to the case will be in any case the Spanish law.

The lessor makes a sworn statement that the identifying information provided is true and valid. I responsibly declare that I comply with and assume all the conditions of the rental. The undersigned, in proof of truthfulness and good faith, signs accepting the contents of the document on the date and place indicated.

In the event of an accident, the Lessee undertakes to:

- To obtain the complete data of the opposing party and possible witnesses, filling out an accident report, which shall be sent to the lessor, within forty-eight hours after the occurrence of the accident.

- Immediately inform the lessor of the fact.

In the event of non-compliance with the above, the lessee shall be liable for any possible repercussions generated by his omission of contractual good faith.