Acorón SL. (the company) hereby agrees to rent a vehicle to the client under the following terms and conditions, and as described in the vehicle rental agreement (overleaf). The client receives the vehicle and accessories, described in the vehicle rental agreement, in perfect conditions and fully operational and agrees to take due care of the vehicle and accessories, and to drive the vehicle according to the norms of the Spanish Highway Code (Código de la circulación)
1º) THE FOLLOWING ARE EXPRESSLY FORBIDDEN:
- Transport of goods or material whereby usage implicitly or explicitly implies sub-renting or use the vehicle other than for the purpose for which it was designed.
- Driving of the vehicle by person other than those specifically authorised in the vehicle rental agreement.
- Driving of the vehicle whilst not in a fit physical or mental condition, caused, for example, by sickness, accident, alcohol, drugs, stress or similar.
- Driving of the vehicle on forest roads, beaches or any non-surfaced road, except those vehicles explicitly designated for the off-road use (4X4).
- In the event of damage to or malfunction of, any part or instrument of the vehicle the company must be informed immediately of the nature of the damage or malfunction.
- Carrying more passengers than specified by the vehicle manufacturer, insurance company or than is permitted by law.
- Pushing or towing of another vehicle.
- Using the vehicle in sports, trials, competitions, trainings or events of any sort.
- Transport of animals, tools and materials for building inflammable, corrosive or heavy object that may possibly cause damage to the vehicle.
- Failing to stop the vehicle when someone indicates that there is a possible problem with the vehicle.
- Driving the vehicle at a speed greater than permitted.
- Parking the vehicle in prohibited zones, or where there is limited visibility or insufficient security.
Infringing any one of the above conditions nullifies the insurance of the rented vehicle, and the client is liable for 100% of the ensuing costs, including costs related to the rented vehicle, third parties, and transport costs to a garage, dealer or base whichever the company indicates. In the event of infringement of the conditions Acorón SL. Reserves the right to terminate the contract without prior warning and to take possession of the vehicle without reimbursement of fees or deposit.
2º) RETURN OF THE VEHICLE:
- The vehicle must be returned at the date, place and time stipulated in the vehicle rental agreement.
- Any alteration must be communicated to, and authorized by, Acorón . In the event of the vehicle not being returned at the stipulate date, place and time, the client will be charged a fee of 1/3 of the daily rate for each extra hour, and the client is liable for any and all expenses Acorón SL. incurs due to the late return of the vehicle, based on an estimation by the company of those expenses.
- If on the return of the vehicle to Acorón SL. Either the client or a representative of Acorón SL. Is not present to inspect the vehicle, the client accepts the assessment of the cost of any damage to the vehicle by Acorón SL. personnel or their representatives and/ or collaborating companies and accepts that the final amount of costs will be deducted from their Credit Card. If the client does have a Credit Card, the client agrees to pay to the total amount within 15 days of notification by Acorón SL.
3º) RESPONSIBILITY OF ACORON SL .
The company declares that is has taken the necessary precautions to avoid mechanical failures with the rented vehicle, but in case of these occurring Acorón SL. does not assume any responsibility for the damages that, directly or indirectly, may be caused to the client, passengers or third-parties, as a result of these failures, defects or damages. The cost of normal wear and tear to the vehicle is the responsibility of Acorón SL.
In case of breakdown of the vehicle the company undertakes to replace the vehicle as rapidly as possible at the scene of the breakdown, depending on distance and availability or to arrange transport to the place of residence / hotel, port or airport, depending on distance and availability. In case of breakdown of the vehicle caused by the client, the vehicle will not be replaced and the client is responsible for all expenses incurred by the company and / or third parties including transport of the vehicle to a place designated by the company. Any expenses incurred by the company due to the loss or misplacement of, or damage to, the keys to the vehicle will be paid immediately by the client.
The company reserves the right to receive a deposit to the approximate value of the fuel in the vehicle at the moment of the renting which will be returned only if the vehicle is returned with the equivalent amount of fuel in the vehicle, exception the case of a change of vehicle requested by the client.
5º) INSURANCE OF THE VEHICLE:
The insurance contracted between Acorón SL. and the client (CDW, PAI and TP) covers unlimited civil liability (damages to third parties), medical assistance, guarantees and legal defence that could be demanded of the driver, authorized drivers or passengers in a criminal lawsuit, whit a maximum indemnification in case or death or disability of 21035€. Vehicle theft insurance is included.
The client may choose to an excess with the CDW, the amount of the excess, as agreed with the company, and as stated in the vehicle rental agreement (overleaf) which may vary according to client and vehicle, is to be paid at commencement of the rental period and may be return, at the discretion of the company after the state of the vehicle has been verified. In addition the client may choose the super CDW, in which case there is a reduced excess or no excess, which may vary according to the client and vehicle as stipulated and undersigned on the vehicle rental agreement (overleaf).
The insurance does not cover any damage caused to the vehicle by a collision or bump against trees, bridges, garages or damage caused by use of the roof rack or by its load. The insurance does not cover damages caused by the client to the lower part of the vehicle chassis, rims, wheels or tyres or cost of transporting the vehicle in case of accident or damages caused by the client. The insurance does not cover any load, luggage or personal belongings.
The insurance is valid only if the client does not infringe clauses 1º, 2º, 6º, and 10º of this contract. If clauses 1º, 2º, 6º, and 10º are infringed in any way, all costs, including legal costs, incurred by the client, passengers or third parties are the responsibility of the client, and any deposit or excess will be forfeited until the final valuation has been made.
6º) ACCIDENT: In case of accident the client must:
- Not move the vehicle from the place of the accident and communicate immediately the details of the incident to Acorón SL. and / or to the relevant authority (police), including the extent and nature of the danger to the rented vehicle, persons or object involved.
- Obtain the detailed information about the driver, passengers, vehicles and insurance of any other parties involved.
- Fully assist Acorón SL and their insurance company in the investigation and defence of any claim and/ or progress.
- Not admit responsibility for, or, attribute blame for, the incident, except in an unofficial description of the accident (declaración amistosa de accidente).
- Not to enter any agreement with any third parties.
- Not to leave the vehicle without taking adequate measures to safeguard it and to protect it from additional damage or theft.
- Report any damage caused to the vehicle while stationary to the relevant authority. Failure to do so results in the client being responsible, for the cost of repair of all such damage.
In the event of breach by the client of one or more of the above-mentioned condition, in any way, Acorón SL, has the right to claim any damages and costs from the client and to declare the CDW and Super CDW invalid. In this situation any deposit or excess will be forfeited until the final valuation has been made.
In the event that the client is responsible for the accident, the vehicle will not be replaced and the client is responsible for all expenses incurred by the company and / or third parties including transport of the vehicle to a place designated by the company, and any deposit or excess will be withheld until final valuation has been made.
In case of doubt of the culpability the company has the right to decide whether to offer a replacement vehicle. Where the third-party is clearly responsible for the accident the company will provide a replacement vehicle as soon as possible.
Acorón SL is obliged to protect, transport and assist the client in the event of an accident (transport to residence / hotel, translations for police), independent of the responsibility for the accident.
7º) THEFT: In case of theft, the client is obliged to officially report in writing, all facts to the relevant authorities (police) and to present a copy of the official report to Acorón SL.
8º) PROTECTION OF DATA: The personal data in the vehicle rental agreement is protected according to Statutory law 15/1999, dated 13th December for the protection of Personal Information. This information will only be given to companies directly involved with advertising campaigns for Acorón SL.
9º) PAYMENTS: The client agrees to pay the full amount due at or before, commencement period including any excess (by major credit card only) and /or deposit where applicable. In addition, the client agrees to pay to all fines incurred and costs of recovery of the vehicle required due to theirs actions. In addition, in the event of one of more of the above mentioned conditions not being met due to his/her negligence the client agrees to pay all the costs incurred by himself/ herself, any third party, legal fees and rental fees for the days while the vehicle is being repaired.
10º) TERRITORIAL RESTRICTIONS: It is expressly forbidden for the vehicle to be taken off the island of La Palma, except with prior written permission of Acorón SL. In case of breach of this restriction the contract will automatically be terminated, and the company will recover any damages or expenses incurred by them.
11º) JURISDICTION: In the event of dispute between the client and Acorón SL. this will be judged by the courts of S/C de la Palma, with express exclusion of any other. In all cases the original Spanish language version of the contract is applicable. Acorón SL. accepts no responsibility for discrepancies arising from translations into other languages.