General Rental Conditions
1.- PURPOSE OF THE CONTRACT
The customer receives the rental of the vehicle described in the rental contract, in perfect operating conditions, with all its documents, tyres, tools and accessories and undertakes to preserve them and to drive the vehicle complying with the traffic regulations as well as those provided in these General Conditions.
2.- DURATION OF THE CONTRACT
The duration of the Contract is stated on page 1 of the same, where the date and time when the vehicle must be delivered is specified. If the customer decides to terminate the Contract in advance, the amount corresponding to the days in which the use of the vehicle was not enjoyed ( taxes included) will be entirely withheld as compensation.
3.- CONTRACT EXTENSION
The customer is obliged to return the vehicle on the date and at the time stated in the previous section. If the customer wishes to extend the rental period he/she must contact Autos Elisabeth to sign the extension. No contract may be extended by phone, or by any other means of electronic communication, unless otherwise stated on page 1 of the contract. If the Contract can not be extended due to the unavailability of vehicles or for any other reason, the customer must return the vehicle on the date, at the brand and time agreed. According to the Contract initial conditions, when requesting an extension thereof, it may be necessary to draft a new contract and at this time the current Contract will be considered cancelled.
4.- VEHICLE RETURN CONDITIONS
The customer will return the rented vehicle in the same conditions as it was delivered along with all the documents, tyres, tools and accessories, in the place and on the date and at the time stated in the rental Contract. The Customer will no be able to alter any technical feature of the vehicle, keys, equipment, tools and/or its accessories, or make any change to its exterior and/or interior appearance. Otherwise, the Customer will pay for the resulting costs to return the vehicle to its original state without prejudice of the damages caused to Autos Elisabeth derived from the reconditioning of the vehicle for the time that it will have to be immobilised as well as any other damage caused to Autos Elisabeth.
5.- EFFECTS OF THE NON-RETURN OF THE VEHICLE
Returning the vehicle on a date and time other than that established in the Contract empowers Autos Elisabeth to charge the amount for the rental corresponding to the additional days of the delay in the return. Autos Elizabeth reserves the right to interpose the legal actions relevant to any disappearance or non-return of the vehicle before the competent authorities, and all the responsibility of the legal and judicial consequences that may derive will be passed on to the customer. The unilateral extension by the customer of the duration of the Contract will, therefore, be considered a non-permitted use of the vehicle for the purpose of the customer’s responsibility for any damage that the vehicle may have.
6.- PAYMENTS AND PAYMENT METHOD
The customer undertakes to pay Autos Elizabeth:
- The charges for the rental of the vehicle, insurances and taxes stated on the current tariffs of Autos Elizabeth, which was previously notified to the customer. The application of the initially agreed fee, is conditional to the fact that the vehicle is returned in the place, on the date and time agreed. The rates can vary according to the season and the offices, so prior to hiring the vehicle the customer will be responsible for verifying the rate he/she will be applied.
- Any other items to be applied to the customer, according to the contractual and commercial conditions offered by Autos
6.2 Payments due to the improper use by the customer:
The customer, subsequent to the termination of the rental of the vehicle, undertakes to pay Autos Elisabeth the amounts resulting from the following items:
- Charge for a “special cleaning” for the expenses derived from an extra cleaning service due to the clearly inappropriate condition of the vehicle when this is returned.
- The charges due to the loss of documents and keys of the vehicle and/or sending of a set of keys of the vehicle to the corresponding office, in the cases of loss, breakage, return of the vehicle keys at an office other than that in which the vehicle is effectively returned, or any other situation by which the vehicle is paralysed for any reason attributable to the customer.
- The amount for towing the vehicle in the cases foreseen in the different clauses of this Contract.
- The expenses for the problems derived from an error in the type of fuel filled.
- The tolls, fines, sanctions and legal expenses resulting from traffic or legal offenses, regulations or ordinances (included the charges for congestion or limitation of road traffic where applicable,) infractions incurred by the customer during the duration of this Contract.
- g) The costs for the repairs of the damages caused to the vehicle in the case of an accident, in the case of any of the following circumstances:
- That the vehicle was not used according to the conditions established.
- That the accident report â€“either in the form of ‘No-fault declaration of accident (DAA in Spanish)- or Accident Reportâ€™- was not completed and sent to Autos Elizabeth in the period mentioned, or that it does not adjust to the reality of the facts.
- That the damages are the result of an accident due to the fact that the customer has not correctly judged the size of the vehicle (height or width). The amounts derived from said items will be directly charged by Autos Elizabeth to the customer by means of the electronic payment system or equivalent used to hire the vehicle, the customer expressly authorising Autos Elizabeth to process said charges.
In all cases, Autos Elizabeth will immediately inform of the charge made and of the reasons for such, providing the customer with all the information possible. The amount charged to the customer for the damages caused to the vehicle, will be calculated taking into account the appraisal made by an expert’s agency external to Autos Elizabeth, or when this assessment cannot be made a priori, the amount resulting from the first assessment made by qualified staff of Autos Elizabeth will be charged. All the foregoing must be applied without prejudice of a subsequent settlement and adjustment, when the estimate for the repair is presented by a car repair shop or an assessment made by an expert’s agency external to Autos Elisabeth is obtained. 6.3 PAYMENT METHOD: The payment can be made with credit or debit card, visa or MasterCard. Some offices also accept Maestro. The payment for the rental of the vehicle and the different additional items will be made in the currency chosen by the customer, accepting operation in multi-currency, subject to the conditions of the Bank processing the payment.
7.- INSURANCES AND COVERAGES INCLUDED
7.1TPL mandatory and third-party liability insurance. The rental fees include the coverage of mandatory car Insurance and complementary Liability insurance for the damages to third-parties derived from the use and driving of the vehicle.
7.2 SCDW Insurance, without excess.
7.3 Personal accident insurance.
These coverages are guaranteed and assumed by the insurer with which Autos Elisabeth has agreed on the corresponding insurance policy and are subject to the general and particular clauses of the same and of the law. By means of the signature of the rental contract the customer adheres as insured party of the mentioned policy, the conditions of which are at his/her disposal. The Coverage will be valid whenever the following conditions are met.
- That the customer, in the case of collision, sends to Autos Elizabeth within a period of forty-eight hours after the accident, the complete details of the other party and possible witnesses, filling out an accident report, in the form of a “Non-fault declaration of accident” (DAA in Spanish), detailing the number plate, name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, whenever possible, the insurance policy number, all signed by the two drivers involved in the accident or, if this is not possible, the “Accident Report”, provided by Autos Elizabeth.
- That the insurance company does not reject the accident, as a consequence of not driving the vehicle in the physical and psychical conditions required by the traffic regulations.
- That the collision, theft, fire or vandalism act did not take place during a non-authorised use, such as those stated in point 9 or contravening any of the conditions set forth in this contract.
- That the customer has informed Autos Elizabeth of the collision, theft, fire or vandalism act occurred in the vehicle within a period of forty-eight hours after this has taken place providing the relevant documentation (accident report, complaint before the authorities, ).
8.- CUSTOMER OBLIGATIONS IN THE CASE OF AN ACCIDENT AND OTHER CIRCUMSTANCES
In the case of an accident, the customer undertakes to:
- Obtain and send to Autos Elizabeth within a period of forty-eight hours after the accident, the complete details of the other party and possible witnesses, filling out an accident report, in the form of a “Non-fault declaration of accident” (DAA in Spanish), detailing the number plate, name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, whenever possible, the insurance policy number, all signed by the two drivers involved in the accident or, if this is not possible, the “Accident Report”, provided by Autos Elizabeth.
- Immediately inform the authority is the culpability of the other party must be investigated or if there are people injured.
- Not to abandon the hired vehicle without taking the appropriate measures to protect it.
In the case of vandalism act, fire, theft or disappearance of the vehicle the customer undertakes to immediately inform Autos Elizabeth of the fact occurred and process with the relevant authorities the corresponding report, a copy of which must be sent to Autos Elizabeth as soon as possible.
9.- NON-AUTHORISED USE
The customer is obliged to use the vehicle with the due diligence, in accordance with its features, respecting the current traffic regulations for motor vehicles and avoiding in any case, any situation that may cause damages to the vehicle or to third parties. Likewise, the customer is obliged not to allow the vehicle to be driven by any person other than those authorised in accordance with this contract, and the customer will be directly liable for any damage caused to the vehicle or third parties in such case. Any case that fails to comply with that established in these paragraphs will be considered a non-authorised use. The customer will be fully liable for the damage caused to the interior or exterior parts of the vehicle due to a non-authorised use of the same, in which case he/she will be obliged to pay for all the expenses in conformity with that set forth in section number 6. A non-authorised use includes, and is not limited to, the following cases mentioned as an example:
- Pushing or towing any other vehicle.
- Driving in areas that are not suitable for public transport such as beaches, racetracks, forest roads, farm tracks, etc.
- Driving on non-paved roads, or paved although with serious deficiencies, that could cause damage to the underbody of the car.
- Driving the vehicle in restricted areas, including specifically, airport runways and other roads associated to aeronautical and/or military use.
- Transporting goods or animals and especially hazardous, inflammable and/or harmful goods for the vehicle and its occupants.
- The sublease of the vehicle.
- The use of the vehicle in any activity against the law.
- The transport of a number of people or amount of luggage higher than that authorised by the vehicle.
- Any type of handling or intervention in the mileage indicator, and must immediately inform Autos Elizabeth of a malfunction of the same.
- Leaving object at sight in the vehicle subject to being robbed with the consequent damage to the vehicle.
- Dirtying the interior of the car beyond that entailed by the reasonable and careful use.
- Driving the vehicle in a state of tiredness, illness or under the influence of alcohol, medication or drugs.
- Reckless driving.
- Using the vehicle for driving learning activities in any circumstance and/or the teaching of any special driving skill.
- Driving not complying with the traffic rules.Driving of the hired vehicle by a person not authorised in the contract either as customer/s and/or additional driver/s.
- Driving the vehicle outside the geographical limits established in the particular conditions for the office of origin of the rental.
- Using the vehicle after the rental period has terminated.
The non-authorised use by the Customer will empower Autos Elisabeth to early terminate the Rental Contract due to the non-compliance of the same, requesting, if applicable, the corresponding compensation for damages.
10.- DRIVING LICENCE.
The customer must be in possession of the corresponding driving licence in force and authorised in the country in which the vehicle is delivered by Autos Elisabeth, with a minimum experience of TWO years. At the same time, the minimum age of the customer will be TWENTY-ONE YEARS OLD. The Customer is directly responsible for the validity and homologation of the driving licence.
11.- JOINT LIABILITY.
All the authorised customer and/or additional drivers will be jointly responsible for all the customer obligations arising from the Contract and the laws applicable to the same. 12.- THEFTS AND LOSS OF PERSONAL OBJECTS Autos Elizabeth will not be liable for the objects robbed, left behind or lost inside the vehicle.
13.- APPROVED MANDATORY CHILD RESTRAINT DEVICE.
In the case of using the vehicle to transport children younger than three years old or older that do not reach the 150 centimetres high, the customer must inform Autos Elizabeth for them to provide, upon payment of the corresponding rental fee and without anchoring to the vehicle, the corresponding approved mandatory restraint device according to weight and height of the child or person who must use it. The customer will always be responsible for its installation.
The translations of these general conditions are for information purposes only and are not legally binding, as only the Spanish version is valid.
Particular Booking conditions
- The driver’s minimum age is 21 years, with a more than 2-year experience driving licence.
- Payment with Diners Club, American Express, Postepay or Maestro card is not accepted.
- the credit card must be in the name of the person stated as the holder of the contract or additional drivers.
- Second driver free. Only 2 drivers per contract are allowed.
- Baby Seat, €2.00 per day per Baby
- Airport fee: €10 per delivery and vehicle. €10 per return and vehicle. In Fuerteventura €15.
- Booking cancellation conditions with a deposit paid through the website, email, telephone or in person:
- Bookings paid through the website of Autos Elizabeth may be cancelled without cost up to 48 hours before the start of the rental. Autos Elizabeth will refund the total amount of the deposit in the same way as the payment was made.
- No refund will be made of the amount of the deposit if the booking is cancelled within 48 hours before the start of the rental or after that time. the deposit will not be refunded neither if the customer does not show to collect the vehicle.
8. Important Information:
- It is mandatory to present the booking voucher when collecting the vehicle.
- It is necessary to present the passport or ID card, driving licence when collecting the vehicle.
- Returning the vehicle with more than 20 minutes delay regarding the end of rental time stated on the contract will entail a charge of one-day rental.
- The rental is not necessarily associated with a specific vehicle (brand-model, colour, equipment, etc.) but to a group of vehicles of similar technical and comfort characteristics.
- If the vehicle receives a fine during the validity of this contract you will be liable for the amount of the fine, furthermore, you will be charged €20.00 for management of fines.
- Autos Elizabeth reserves the right to cancel the delivery of the vehicle due to a history of non-payments or serious incidents with Autos Elizabeth.
CONDITIONS OF USE AND EXEMPTION OF RESPONSABILITIES AUTOS ELIZABETH, is not responsible for any damages caused to the users due to their improper and incorrect use or misuse of the services and contents of this website. AUTOS ELIZABETH reserves the right to make any changes it deems appropriate without prior notice. This refers to both the contents of the website and its structure. The aim of these clauses is not limiting AENOR responsibility, contrary to what established under the Spanish enforceable laws, without excluding their responsibilities in those cases where, by virtue of the said law, they cannot be excluded. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS The intellectual and industrial property rights in relation to all text and images, as well as the presentation and assembly methods and formats of the website belong to AUTOS ELIZABETH. Reproduction, distribution, merchandising or changing all or part of the contents of this web site is expressly prohibited without the express written consent of AUTOS ELIZABETH. DATA PROTECTION LAW By virtue of what established under the Organic Law 15/1999, dated 13th December, on Personal Data Protection, we inform you that the personal data provided by the users will be stored in the files owned by AUTOS ELIZABETH RENT A CAR S.L., with the aim of complying with your requests and commitments, so as to give you information even by electronic means, about those matters relative to the activity of the company and its services. Furthermore, we inform you about the possibility of exercising, at any time, the rights of access, rectification, opposition and cancellation of the data provided by means of a written request to Calle Afrechos nº 4, 35510, Puerto del Carmen, España.