General Conditions of Vehicle Lease without driver.
Lessor: Waldemar Klepalow (C4Rent) Avenida Gran Muralla China 4/27 03177 San Fulgencio Alicante Spain NIF: Y6575045A Tel. 0034641797880 e-mail: email@example.com.
Lessee: individual or company indicated in the Leasing Agreement that, by signing, declares to accept the Lease Conditions described below and the personal responsibility of the entrusted vehicle for its use in accordance with the Conditions indicated in the Agreement.
Vehicle: vehicle that constitutes the object of the Lease indicated in the Contract.
Contract: Vehicle Lease Agreement between the Parties
Parties: Lessee or Lessor
Driver: person indicated in the Contract, by the Lessee, authorized to use the Vehicle during the term of the Contract.
I. General Information
1. The Lessee declares that he is over 25 years old and has been in possession of a driving license for at least 5 years.
2. The Lessee is obliged to present two identity documents (identity card or passport) and an original, valid driving license.
3. The Vehicle leased expressly is prohibited from being used to:
a) transport people or things in the form of subletting or for profit,
b) start or tow other vehicles, trailers or other objects,
c) participate in races, rallies or competitions,
d) while the Lessee or another Driver is under the influence of alcohol, hallucinogenic medications, drugs, barbiturates or other substances that alter consciousness and the ability to respond.
4. A third party, not indicated in the Contract, cannot use the Vehicle without prior, written authorization from the Lessor.
5. It is possible to add another Driver also during the term of the Contract with prior authorization from the Lessor. Authorization that allows third party not initially indicated in the Contract to drive the Vehicle, can be obtained by email, by sending an identity card / passport and a scanned driving license making a declaration of responsibility that confirms that “it is a copy of the original driving license” to: firstname.lastname@example.org.
6. The Contract describes in detail the type and brand of the Vehicle and the exact expenses that the Lessee will be liable for under the Lease.
7. The duration of the Lease is strictly defined in the Contract and the extension of the Lease of one hour will result in the application of a charge in accordance with point 12.
8. The Lessor reserves the right to immediately collect the Vehicle at the Lessee’s expense if the use of the Vehicle is not in accordance with the Contract or in the event of a delay in payment, granting the Lessor the right not to return the deposit received.
9. The Lessee receives the Vehicle fully refueled and is obliged to return the Vehicle with a full fuel tank, refueling at the gas station closest to the point of return of the Vehicle. Otherwise, the Lessee will bear the missing fuel costs and an additional fee for the refueling service indicated in additional fees.
10. If during 12 hours from the date and time of the termination of the Lease, the Lessee does not contact and does not return the Vehicle, the Lessor has the right to consider it a misappropriation and report it to the Police Station. The legal costs of initiating the misappropriation complaint procedure are indicated in Additional Fees.
11. The Lease period can be extended only with the prior authorization of the Lessor, after the Lessee contacts by email or by telephone, at least 24 hours before the expiration of the Lease period specified in the Contract and provided that the Lessee makes advance payment for an additional lease extension.
12. If the Lessee does not return the Vehicle within the term indicated in the Contract or the term provided in accordance with point 11 above, the Lessee is obliged to pay the Lessor the costs of non-contractual use of the Vehicle an amount of 100 EUROS for each full and incomplete day. Additionally, the Lessee assumes full financial responsibility in case of damage and breakdowns of the Vehicle.
13. The Lessee is obliged to comply with the road traffic regulations that are in force in a given country. Non-compliance with the rules does not release the Lessee from civil and criminal liability.
14. The Lessee receives the Vehicle in good condition, necessary for its correct operation and is obliged to use it with great care and return it in the same condition.
15. Expenses of purchase of liquids for windshield wipers, change of bulbs, repair of tires and other consumable materials are paid by the Lessee.
16. The Lessee receives the clean Vehicle. When returning it, you are obliged to return it clean on the outside and inside. Otherwise, they will be charged an additional fee from points 8 and 9 of the Additional Fees / Costs.
17. The Lessee or the Driver is obliged to:
a) Protect the Vehicle against theft (each time the Vehicle must be locked and all the anti-theft devices activated; documents and keys must be carefully protected outside the Vehicle).
b) Carry out, at your own expense, a daily maintenance of the Vehicle, especially checking and adding engine oil, coolant fluid, brake fluid, windshield washer fluid, checking the condition of the tires, adequate tire pressure, lights operation.
c) Use the type of fuel indicated in the engine specification described in the vehicle’s registration certificate.
18. The consumption of food, tobacco, as well as drinking alcohol is prohibited in the Vehicle.
19. If the Vehicle is returned dirty and its condition does not allow for a detailed visual inspection, an amount may be charged to the Lessee for eventual damages after the Lessor washes the Vehicle.
20. The Lessor reserves the right to, if required, share data of the Lessee or Driver with the authorities (for example, Police, state authorities).
21. The Lessee expressly consents to placing a GPS tracker on the Vehicle.
II. Travelling abroad
1. To use the Vehicle to go abroad, a prior authorization from the Lessor in the Contract is required and (if applicable) additional insurance must be paid by the Lessee.
2. The Lessee cannot use the Vehicle to travel to the cities of Ceuta and Melilla, or the Spanish islands: the Canary Islands or the Balearic Islands.
3. In case of departure abroad, the Lessor is obliged to equip the Vehicle in accordance with the laws in force in a given country.
4. Permission to travel abroad may be granted to three countries: Portugal, France and Gibraltar.
1. The Lessee is obliged to pay all the costs related to the Vehicle Lease at the time of signing the Contract, with a payment card issued in the Lessee’s name: Visa or Mastercard. In the case of Premium Vehicles, the credit card is required.
2. At the time of the Lease, an employee will collect a payment for the Vehicle Lease. It will also be necessary to collect the deposit, refundable and used to guarantee the Lease.
3. The deposit will be returned to the Lessee’s account within 7-30 business days. depending on the internal regulations of the owner of the payment card (their bank).
4. In case of shortening the contractual duration of the Lease, by the lessee, the payments made for the established time are not reimbursed.
5. In the event of cancellation of an online reservation, a fee of EUR 50 will be charged for cancellation of the reservation and the remaining funds will be returned to the Lessee’s account within 7-14 business days. In case of cancellation of the reservation less than 24 hours before collecting the Vehicle, the amounts paid are not refundable.
6. The Lessee gives his consent to charge the aforementioned charges on the card used for payment in the event of breach of the Lease Agreement by the Lessee.
7. The return of the deposit does not imply that the Lessor waives the claims that may be filed against the Lessee.
8. In case of extending the term of the Lease with prior authorization from the Lessor, the cost is calculated based on the arithmetic mean of the contractual payment.
9. All expenses / costs included in this Contract are determined in the local currency (EUR) and gross amounts are established including VAT.
1. The Lessor declares that the Vehicle has full insurance (CDW) Collision Damage Waiver and (LDW) Loss Damage Waiver valid in the countries without exit restrictions indicated in this Leasing Agreement.
2. Only those who use the Vehicle with prior authorization from the Lessor and by complying with the obligations included in this agreement, have the right to be insured in accordance with the Civil Liability Insurance policy.
V. Collision and theft damage coverage
Collision Damage Waiver, i.e. Limitation of Liability for Collision Damages (CDW), Theft Protection, i.e. Limitation of Liability for Theft (TP). By accepting the CDW and / or the TP, the Lessee assumes the responsibility of paying an additional amount (Deposit) in accordance with the applicable rate on the day the Lease Agreement is signed. The CDW and the TP do not exclude the responsibility of the Lessee in the event of gross negligence or willful breach of the Conditions, rules of law or conditions of insurance contracts. Damage to tires, door windows and interior of the Vehicle (damage to vehicle equipment, damage or stains on upholstery and damage caused by cigarette butts), as well as missing items and Vehicle equipment (for example, radio antennas, hubcaps, fire extinguisher, spare wheel) are not subject to the limitation of liability of the Vehicle Lessee. In the event of receiving a replacement Vehicle, the replacement Vehicle is not subject to the waiver of damage coverage and the Lessee assumes full financial responsibility for having damaged the Vehicle.
1. In the event of immobilizing the leased Vehicle, the Lessor, as far as possible, will guarantee a replacement Vehicle, during repair tasks. If the waiting period for a replacement Vehicle exceeds 24 hours, for this period the Lessee does not pay any amount for the Vehicle Lease.
2. A substitute Vehicle is not provided in case of:
a) loss of the Vehicle registration certificate or / and insurance policy or / and Vehicle keys,
b) failure of the Vehicle due to the Lessee’s fault or a person not authorized to drive the Vehicle,
c) immobilization of the leased Vehicle outside the territory of Spain,
d) acts of vandalism.
VII. Accidents, damage, theft
1. In the event of an accident (with or without damage to the Vehicle), theft or damage to the Vehicle suffered for any reason, the Lessee or another person who drives the Vehicle is obliged to call the Police to appear at the place of the event and the Lessee should demand that the Police issue a report / attestation according to what happened.
2. It is mandatory to notify each accident, damage, loss or theft of the Vehicle by email (email@example.com) or by phone (0034641797880). In no case can the Lessee accept claims from third parties,
3. The Lessee is obliged to collaborate with the Lessor and / or its insurance companies in all claims and lawsuits related to the accident or damage, especially through:
a) delivery of a completed and confirmed accident or collision notification form
b) provision of complete details of the persons involved in the accident, witnesses to the accident and a detailed description of the event.
c) not leaving the Vehicle without supervision or protection.
d) if the accident or damage was caused by a third party, carry out all necessary activities to identify the culpable party and secure the evidence that may contribute to determining the perpetrator’s responsibility.
4. In the event of non-compliance with any of the rules described above, the Lessee assumes full financial responsibility for damages caused to the Lessor or a third party, even after having accepted the CDW and / or the TP and after having paid a fee for this concept.
VIII. Lessor’s responsibility
The Lessor does not assume responsibility for things transported, lost, left in the Vehicle or for expenses (fines) that are borne by the Lessee in relation to the use of the Vehicle during the term of the Lease. The Lessor is not liable to third parties for compensation claims that are the result of damage caused by the Lessee or another person who drives the Vehicle during the term of the Lease.
IXAdditional fees / costs
1. The Lessee assumes full responsibility for damage to the leased Vehicle in the event of:
a) intentional action or gross negligence
b) damage to the interior of the Vehicle, tires, rims, windscreen wipers, antenna, permanent stains,
c) Driving while intoxicated, under the influence of drugs and other narcotic substances, as well as driving without a valid driving license or without points.
d) not having returned the Vehicle registration certificate or keys after the Vehicle has been stolen,
e) escape from the scene of an accident,
f) entry of the Vehicle abroad without prior authorization from the Lessor and all costs related to its transport in case of damage or breakdown,
g) that the insurer refuses to grant compensation because of the Lessee’s fault,
h) lack of a detailed description of circumstances that have caused damage or if required, documents have not been presented.
2. Every day when the Vehicle is stopped due to the actions described above: 100 EUR.
3. Providing the Vehicle to an unauthorized person: 200 EUR.
4. Missing / lost key: 50 EUR. + costs of missing key at the dealer.
5. Missing / lost registration plates 50 EUR. + costs of missing registration plate (for each one)
6. Tobacco use in the Vehicle: 150 EUR.
7. Violating the ban on animal transportation, removal of animal hair: 100 EUR.
8. Return of the dirty Vehicle: 25 EUR.
9. Return of a dirty Vehicle with stains on seats, upholstery, in the trunk: 150 EUR.
10. Missing or damaged original rims: 50 EUR. + costs of missing rims. (for each one)
11. Putting the wrong fuel: 500 EUR. + costs of vehicle repair at the dealer.
12. Disassembly of parts of the Vehicle or alterations made without authorization of the Lessor: 800 EUR. + costs of replacing missing parts at the dealer.
13. Speeding above 140 km / h (each time): EUR 50.
14. Missing items from the basic equipment list: EUR 50. + costs of replacing missing items at the dealer (for each item).
15. Damage or non-return of each of the added elements of the additional equipment (GPS, baby car seat, chains, roof bars, roof box), you are obliged to cover the cost of missing elements.
16. Administrative / legal fee / cost, for initiating a procedure for misappropriation of the Vehicle: 500 EUR.
17. Vehicle refueling service: EUR 20 + fuel costs.
18. In case of departure or attempt to leave Spain without authorization: 500 EUR.
19. Provide written information at the request of judicial and police authorities and / or administrative authorities about a user of the Vehicle with which an offense or / and a crime has been committed: 50 EUR.
20. Administrative Fee for paying the amount of the fine or other charge related to the use of the Vehicle by the customer: 50 EUR + the actual amount of the fine or charge.