| Booking Conditions Cheapy-Cars hires to person(s) driver(s) and/or payer(s) (Renter) named in this contract the referred vehicle (or a substitution vehicle should the case arise) and is subject to the terms, conditions and tariff stated in this document and to any annex of the existing contract. The renter agrees to adhere to said terms and conditions. It is the responsibility of the Renter to read this document carefully and in case of any doubt or non-acceptance to notify Cheapy-Cars before signature. 1. USE OF VEHICLE Cheapy-Cars promises to deliver the vehicle in a good condition (clean inside and out and mechanically sound) having completed the companys internal quality controls being the checking of required documentation, tools, accessories and tyres (including spare tyre). The Renter agrees to: - Maintain the vehicle in good condition.
- Respect the traffic laws and regulations in accordance with the type of vehicle in question (any violation of the traffic laws will be treated as a Breach of Contract).
- Not to sub-lease the vehicle to carry persons or merchandise that contravene the law or that the number of persons (weight, quantity and/or volume) contradict the limits specified by the manufacturer or law.
- Not to allow other person(s) to drive other than those named on the reverse of this contract. The authorised age being 21 - 79 years and hold a valid driving licence for one year. Cheapy-Cars is authorised to withhold the rental of a vehicle if an original licence is not produced or if this failure leads to any legal charges and/or costs or if the driver shows signs of mental or physical impairments in order to drive safely.
- Not to drive with an impaired physical condition due to the consumption of alcohol, drugs or any other narcotics or fatigue or illness.
- Not to use the vehicle for pushing or towing caravans, trailers or other vehicles.
- Not to participate in competitions, races or any other sport activity official or otherwise.
- Not to use or test the material resistance, accessories or motor products when not authorised by Cheapy-Cars.
- Not to transport inflammable, radioactive, toxic or any other dangerous materials.
- Not to sell, de-value, rent, loan, lend or use a guarantee of payment or modify any part of the vehicle including documents, keys, tools and accessories or the vehicle itself.
- When the vehicle is not in use, be assured that it is left in a secure, safe and adequate space and securely locked. Keep the documents inside the vehicle at all times.
- Stop the vehicle if there is any indication that there is a fault either externally or through explicit warning signals. The Renter will contact the nearest Cheapy-Cars office or the Assistance Company contracted by Cheapy-Cars. (Cheapy-Cars has the right to refuse any costs caused by the use of non-authorised companies).
- Not to drive on un-tarmacked roads or roads unfit for traffic that can cause damage or harm to the undercarriage of the vehicle. )The cost of repair for these damages are the total responsibility of the Renter).
- Not to drive the vehicle out of the Spanish Peninsula. It is not allowed to take the vehicles out of any of the Balearic Islands.
2. RETURNING OF THE VEHICLE The vehicle will be returned in the same condition as it was delivered with the same documentation, tools and accessories and at the date, time and place specified within the agreement. Any alteration can result in additional costs and must always be previously communicated and authorised by Cheapy-Cars. If these conditions are not complied with by the Renter, Cheapy-Cars has the right to withdraw the vehicle without warning or to demand in Court the return of the vehicle. The duration of the Rental Agreement expires only when the vehicle and the keys are returned to Cheapy-Cars. 3. RENTAL CHARGES The renter agrees to pay: - all corresponding rental charges and taxes and all expenses resulting from the loss of vehicle documents, tools and accessories.
- damages/loss caused to the vehicle if the additional insurance has not been contracted by the renter, together with the cost of transporting the vehicle.
- all fines and legal costs resulting from traffic violations or breaking the law caused by the person authorized as the driver and extra costs caused by any delay in payments to be made by the renter.
- in case of extending the contracted period or any other change to the conditions originally agreed, the renter is to ask for authorization and pay immediately for the new service contracted.
- the application of the tariff originally agreed is subject to the return of the vehicle in the same condition as rented and in the place and date stipulated.
- should the case arise that the contract has been terminated and paid for and that an amount of money is owed to the Renter, Cheapy-Cars cannot accept responsibility for any delay in the monies arriving in the renters account, whose delay could arise due to the transaction involved between the banks and or credit card companies.
4. INSURANCE - The car insurance provide by Cheapy-Cars covers the renter and authorized drivers and third party liability for an unlimited amount.
- The following are not considered as third party and are not covered: renters or authorized drivers spouse, ascendants and brothers, sisters or family as well as their partners or any other person in their employment or dependency.
- The renters signature on the contract means the renter is covered by the insurance contracted by Cheapy-Cars.
- Said policy does not cover any property or object transported in the vehicle either for loss, theft or damage.
- Damages caused to the wheels, hubcaps and the loss of keys is always at the expense of the renter.
4.1. Additional cover - Collision Damage Waiver (CDW)
An optional cover whereby the renters financial and civil liability is partially waivered. It is essential for the renter to complete an accident report form detailing the damage and the accident in order to benefit from this cover. The CDW does not cover the following: - Damage to the topside and roof of the vehicle, when caused by the drivers negligence or reckless driving.
- Damage to the undercarriage of the vehicle (mechanical) caused by the drivers negligence and especially when driving on unsuitable surfaces.
- Damage to the tyres and wheels and damage caused by excess weight and cargo.
- Theft Protection (TP)
This is a cover whereby the customer is partially released from any financial or civil liability due to the total or partial loss of the vehicle in the event of theft. The renter is required to return the keys and obtain the corresponding police report made in a police station. The following is not covered by TP - Any property or personal belongings left inside the car.
Not included in CDW or TP - The CDW and TP although signed and accepted by the renter are not applicable when the renter has violated or not adhered to any of the conditions stipulated in this contract or through proven negligence, in which case the driver is responsible for the total cost of repairs and or any loss and any costs caused by the vehicle not being in use.
- Any damage or loss caused by a spontaneous fire not due to the fault of the renter is covered. If damage or total or partial loss of the vehicle is caused by a traffic accident or vandalism then the CDW and TP conditions apply as stated above.
- Insurance excess and Super-CDW
Insurance Excess - Is a *minimum non waiverable amount agreed to in the contract, by which the Renter will cover the costs of damages not covered by the CDW or TP.
- The excess is only applicable if the CDW and TP covers have been signed and accepted. In case of no acceptance, the Renter will be responsible for 100% of the damages or loss of the vehicle.
* This amount will be refunded if it is proven that the damage was caused by a third party and a court of law finds the third party guilty. Super-CDW - Additional cover that exempts the Renter of the minimum amount applicable (Excess) for damage to or loss of the vehicle.
- The Super CDW is only applicable if the CDW and/or TP cover has been signed and accepted.
- Personal Accident Insurance (PAI)
The personal insurance covers medical attention, compensation due to death and/or permanent disability. 5. ACCIDENTS The Renter agrees to immediately advise Cheapy-Cars of any accident, including all details referring to the accident, the Renter also agrees to fully co-operate with the Cheapy-Cars and Insurance company in any formal investigation and defence of any claim and or suit. In the event of accident, the Renter: - will not accept of prejudice liability for the accident.
- will obtain full details of all parties involved, with complete details of how the incident occurred.
- to immediately notify the local authorities if the other party is guilty.
6. REPAIRS, OIL, PETROL AND FUEL The renter should regularly check engine oils/water, ... every 1000 kms and replace if necessary. Cost incurred will be reimbursed on presentation of the corresponding receipts (excluding any costs due to negligence of the Renter). Any repairs caused by damage or breakdown (excluding those caused through driver negligence, or breaking the law) will be made in garages authorized by Cheapy-Cars. If repairs have to made in other garages - with Cheapy-Cars's authorization- the any costs will be refunded against receipted bills. The Renter must refuel the vehicle with correct type of fuel, and is responsible for this cost. Any costs incurred due to the incorrect fuel being used will the responsibility of the renter. 7. Cheapy-Cars'S CIVIL RESPONSIBILITY Cheapy-Cars has taken all necessary precautions to prevent mechanical failure to the rented vehicle, however, should this occur Cheapy-Cars accepts no liability for damage or loss directly or indirectly arising from such failure. 8. JURISDICTION This contract is bound by the laws of the country in which it was signed and any legal differences will be submitted to the courts of the same country. 9. EXTRA CHARGES In the event that an extra amount has to be charged relating to the general conditions of the contract then Cheapy-Cars has the right to charge said costs to the credit card provided without prior authorization subsequently sending the receipt to the renter. 10. PERSONAL DATA To comply with the Constitutional Law 15/1999 of the 13th September for the Protection of Personal Data and the Royal Decree 994/1999 of the 11th June regarding database security containing personal information, we would like to inform you that the information provided will be stored in our database, property of Cheapy-Cars . This information can also be used for companies pertaining to the Cheapy-Cars ; Cheapy-Cars Rent-a-Car, Levante Club Apartments, Hotel Levante Club, Luxor Spa and Fitness Center. If you wish to exercise your right to access, modify or cancel or deny the right of use of your details, please use the form available to you in our head office, or by post (C/ Berlin 2, Edificio Coblanca 5 - Rincón de Loix - 03503 Benidorm (Alicante)), or by email (info AT cheapy-Cars.com). We also ask for permission for your details to be given to third parties, other companies that have either commercial or financial connections with the Cheapy-Cars . Cheapy-Cars promise that your details will be treated confidentially and for the exclusive use as indicated above, and to guarantee the security of this information to prevent it being modified, lost or used by unauthorized parties. |