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These general conditions will regulate the contractual relationship between the commercial company “RENOVATIO EXPERIENCE SL” (hereinafter “RENOVATIO EXPERIENCE” or the “Lessor”, interchangeably) and the client (hereinafter, the “Lessee”), by virtue of the which the first gives to the second the use of a vehicle for the term, price and other conditions that are to be seen in the rental contract.
A. APPLICABLE LEGAL REGULATION
1.The present general contracting conditions are subject to the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the defense of consumers and users and other complementary laws, modified by Law 3/2014, of March 27; to Law 44/2006, of December 29, on improving the protection of consumers and users, as well as any other regulation that substitutes, complements, or modifies the foregoing, as applicable.
2.The Lessee is obliged to comply with the General Rental Conditions of the country where the service is provided.
B. VEHICLE USE
1. The Lessee agrees to use and drive the vehicle in compliance with the regulations of the Traffic Code in force at the time of the same and in accordance with the specifications for the use of the type of vehicle leased.
2. It is mandatory that the Tenant always carry his copy of the rental agreement in force for the duration of the same.
3. In the event that the vehicle is used to transport children under three years of age or persons over three years of age who do not exceed a height of 150 centimeters, the Renter must provide himself with devices for child restraint systems. The Renter must also check the suitability, use and placement in the vehicle of the child restraint systems. The Lessor does not assume responsibilities for the lack of use, installation, verification, incorrect use of the obligatory retention device.
4. The vehicle can only be used on public roads. The use of the vehicle is expressly prohibited in the following cases:
The vehicles carry the Detector device, which allows to know the position of the vehicle, its speed, the kilometers traveled. In the event of excessive abuse of exceeding the maximum allowed speed limit, the Lessor can make the order of the engine cut, voiding this rental contract. Vehicle recovery costs can be applied to the Renter’s account.
5. The Lessee must take care that the vehicle’s load is correctly distributed and placed in a safe way and always respecting the limits of weight, quantity and / or volume authorized and indicated in the Driving license and / or the Technical Vehicle Inspection Sheet. . Likewise, the Lessee is responsible for not transporting passengers in a number greater than that authorized and indicated in the Driving Permit and / or the Vehicle Technical Inspection Sheet.
6. It is forbidden for the Lessee to assign, rent, mortgage, pledge, sell or in any way give as guarantee both the vehicle and the rental contract, its keys, documentation, equipment, tools and / or accessories thereof. and / or any other part or part thereof; or treat the above in a way that causes harm to the Lessor. The sublet of the vehicle can be authorized by the leased under the terms and conditions that will be regulated in an additional contract.
7. It is not allowed to move the leased vehicle outside of Spain without prior written authorization from the Lessor. In the leases made in Spain, the movement of the vehicle from the peninsula to the islands and vice versa and / or between the islands, as well as in Ceuta and Melilla, is expressly prohibited, all unless expressly authorized in writing by the Lessor. The Lessee is obliged to check the specific traffic regulations in the countries to which he has previously traveled and comply with obligations derived from non-compliance with them. The Renter must check whether, in the countries to which he plans to travel, the payment of specific circulation fees for driving on special roads is compulsory and must be paid.
8. At the time of formalizing the rental contract and upon delivery of the Lessee’s vehicle and any other person designated by the same as the driver, they must be present to sign the rental contract with the Lessor and present valid and valid driving licenses in the country of rental. The Lessor reserves the express power
of denying the rental of the vehicle in the event that the Renter or the person indicated by him as the driver will not duly prove that he is the holder of a valid and valid driving license at the time of formalizing the rental contract. The vehicle may only be driven by the Lessee, as well as those persons designated in the lease, provided they are over 23 years old and whose driving licenses are older than 3 years. Regarding drivers under 23 years of age, specific charges will be applied in some cases, the prices of which are detailed in the Additional Charges List document. It is the responsibility of the Lessee that any driver is in possession of a valid driving license valid for the countries in which the vehicle is used. Both of the
Lessee and the persons designated by him to drive the vehicle will take the relevant data for the realization of the rental contract. This will be especially applicable when the authorities require the Landlord to identify the driver who has committed a violation. In the event that the identification of the driver could not be made, the Lessee will be responsible for the payment of any fine or sanction committed during the rental period. The Lessee will respond personally and solidly for the people who drive the vehicle during the lease.
9. Without prejudice to the Lessee’s liability towards third parties, if any of the circumstances set forth in points B.4, B.5, B.6, B.7 and B.8 occur, the Lessor may terminate with effect immediate contract, as well as to claim compensation for damages, including lost profits, that the breach in question has caused.
C. VEHICLE STATUS
1. The Lessee receives the vehicle described in the contract in a specific state of operation, maintenance and sheet, without deficiencies, except for the observations that may be made when receiving the vehicle in the rental contract itself. In the event of any deficiency in the leased vehicle not included in the rental agreement itself, the Lessee is obliged to report it to the Lessor’s office in which the rental agreement has been made before moving the vehicle from the parking space in which the vehicle subject to the contract is parked.
2. The Lessee receives the vehicle described in the contract with the complete documentation, as well as the vehicle key, tools and accessories, especially reflective vests and signaling triangles, which the Lessee must check at the beginning of the lease, notifying any deficiency in the office where you rented the vehicle. The Renter agrees to use the accessories diligently and to return them in the same condition in which they were delivered. In the case of non-return of accessories to the
termination of the rental agreement, the Lessee agrees to pay the Lessor the accessories not delivered, the amount thereof. It is the responsibility of the Lessee to close the vehicle properly when leaving it.
3. In the event that during the rental any of the warning lights that detect a vehicle malfunction that affects the safety of the vehicle illuminates in the instrument panel or when it perceives external signs that indicate its failure or malfunction, the Renter You must stop the vehicle as soon as possible and contact
with the Landlord or with the roadside assistance company arranged by the Landlord. Using the vehicle in case of risk is prohibited. Likewise, manipulating the vehicle’s odometer is totally prohibited, and the Lessee must immediately notify the Lessor of any damage to it. Only charges will be accepted for
external account to said company for assistance in emergencies, from official workshops of the make of the vehicle and with prior express authorization from the Lessor. Always and in any case, the Lessee must respond if he has made a prohibited use of the vehicle, as stated in B.4, as well as in case of negligence.
4. The Renter must regularly check the levels of liquids and oil, as well as in general, allow the carrying out of the safety inspections or revisions that are appropriate and in accordance with the specifications of use of the type of vehicle. These reviews must be carried out by the workshops authorized by the Lessor, otherwise the Lessee will be liable for any damage derived from the incorrect replacement of the liquid levels of the motor of the leased vehicle.
5. In the leases of vehicles provided with an AdBlue® deposit, the Lessee must take care that the deposit is always sufficiently full, answering for the damages caused by the breach of this obligation.
6. The Lessee receives the vehicle with a full tank and agrees to return it in the same condition. Otherwise, you will be billed for the cost of fuel plus a processing fee for the refueling service (15 EUROS for each vehicle), which may be charged to the deposit or to the card with which the payment has been made. The Renter must refuel the vehicle with the type of fuel suitable for it, otherwise the Renter will be responsible for the expenses caused by the transfer and / or repair of the damages produced in the vehicle. Likewise, in such case, the Lessee must pay the Lessor the respective charge in concept of loss of profit for the immobilization of the vehicle.
7. The Renter receives the vehicle with all its tires including the spare (or failing that a repair kit) in good condition and without punctures, except in the case of vehicles equipped with the run flat tire system. In case of deterioration and / or loss of any of the tires (for reasons other than normal wear, poor assembly or defect
manufacturing) the Lessee is personally responsible for the repair costs and agrees to inform the Lessor. The repairs and / or replacement of tires must be carried out by the workshops authorized by the Lessor, otherwise the Lessee will be liable for any damage arising from the incorrect replacement of the same.
8. It is forbidden to the Lessee to vary any technical characteristics of the vehicle, as well as to make any modification of its exterior and / or interior appearance (unless expressly authorized in writing by the Lessor). In case of violation of this condition, the Lessee must bear the expenses, duly justified, of conditioning the vehicle to its original condition and pay an amount as compensation for immobilization of the vehicle.
9. Prior written authorization by the Lessor, in the cases in which due to the net weight of the vehicle and the possibility of coupling a trailer to it, a supplement of the road tax should be paid, the Lessee must carry out the corresponding procedures and satisfy the same, with full indemnity from the Lessor for any rate, tax,
surcharge or cost imposed on you for not complying with the applicable regulations. The leased vehicle must be returned to the Lessor in the same conditions in which it was received.
1. Reservations refer to categories of vehicles.
The Lessor will keep the reservation until seventy minutes after the agreed time, not being obliged to provide the service in the agreed conditions after said period. However, with prior notice of late collection of the vehicle, Lessor will do everything possible to offer the agreed service. Cancellations must be made at least 24 hours in advance of the start of the rental.
2. In relation to prepaid rate reservations, the following will apply:
The maximum rental period for reservations with prepaid rates is 27 days. Up to one hour before the start of the rental, modifications may be made, by which the Lessee will be taxed with an amount corresponding to the modification rate established in the Additional Charges List document, in addition to the difference between the selected rate
initially and the rate at which it has been changed. It is not possible to change from a prepaid rate to a non-prepaid rate.
The price to be applied after the reservation has been modified will be that of the rate in force at the time of the change. The Lessor will not refund an advance of the rental price already paid or an eventual difference in the event of a price difference with the modification made.
You can cancel the reservation before the start of the rental. In case of cancellation, the Landlord will not refund the advance of the rental price already paid, remitting a cancellation penalty to the rental price already paid, withholding a cancellation penalty to the rental price of maximum 3 days.
In the case of the reservation paid at 100% of the total contract price; The cancellation of the reservation and refund of the price paid would be as follows:
90 days in advance – 70% refund of the price paid
60 days in advance – 50% refund of the price paid
30 days in advance – 30% refund of the price paid
The prior notice less than 30 days before the start of the rental contract carries a penalty of 100% of the price paid.
In case of not picking up the reserved vehicle / not picking up the vehicle at the agreed time, the Lessor will retain the total rental price already paid.
E. RENTAL CHARGES / DEADLINES / GUARANTEE DEPOSIT / PAYMENT METHOD
1. The Lessee agrees to pay the Lessor:
1.1. The rental charges outlined in the rental agreement corresponding to duration (minimum 24-hour rental charge), coverage, limitations of liability, additional equipment and complementary services, according to the stipulated conditions, as well as applicable taxes and fees.
1.2. The charges derived from the non-return of the vehicle in the same correct state of operation, maintenance and sheet metal as received at the time of rental. The Lessee is liable to the Lessor for any damage to the vehicle during the rental period, partial or total theft thereof and damages derived from contractual breaches, except for the limitations of responsibilities and optional coverage that the latter has contracted, in addition to what results from applying the provisions
Legal regulations in force not regulated in these conditions.
If the limitations of liability set out in clause G.10 are contracted and an accident occurs, the Lessee will only respond to the Lessor, in addition to the amount that corresponds and related to the current rate:
The charges for repair and accessories to which the Lessee must respond will be calculated by the company for this purpose selected by the Lessor or by another independent and official expert. The latter is entitled to receive a copy of the expertise. In the event that the cost cannot be determined in this way, it will be set by the repair shop budget.
The amount of compensation paid by the Lessee for total loss will be the financial value of the vehicle at the occurrence of the event. Along with the amount of the damage thus fixed, the Lessor is empowered to claim the lost profit for the impossibility of using a damaged vehicle.
1.3. The fuel not refueled from the leased vehicle at the time of its return, as well as refueling expenses for said fuel, as stipulated in condition C.6 and its exceptions.
1.4. The charges for transfer and / or repair of vehicle damage caused by the use of inadequate fuel in an incorrect refueling, as stipulated in condition C.6.
1.5. The excess mileage of the contracted in the rental contract made by the leased vehicle. The charge of the same will be invoiced based on the price of the same reflected in the reserved rate.
1.6. The expenses of obtaining a duplicate and / or sending the key of the leased vehicle, in the case of loss and / or damage to it, as well as the transfer of the immobilized vehicle as a consequence of the above to the nearest office of Lessor rental. Likewise, the Lessor may charge the Lessee costs as compensation for immobilization of the vehicle.
1.7. The expenses for the replacement in the event of the disappearance of vehicle accessories such as the pair of emergency triangles, the reflective safety vest and the first aid kit.
1.8. The expenses for the replacement of the vehicle documentation in the event of its disappearance.
1.9. The amount for the special cleaning of the vehicle after the return of the same in the event that it was delivered in a dirty state such that the intervention of a specialized company was required. By way of example but not limited to, dirt states that require the intervention of a specialized company are considered: vomiting, ink stains, cigarette burns, mud, dirt caused by animals … This charge will be billed based on the price billed to the Landlord for the Selected special vehicle cleaning company.
1.10. The amount as a charge for Management of Damage Records (45 EUROS for each management). Said charge will be accrued in the event that the vehicle presents material damage that had occurred during the lease period, regardless of its degree, its cause and regardless of the eventual contracting of the liability limitations defined in condition G.10. . This charge will be accrued for each incident that resulted in the damage.
1.11. The Lessee gives his consent for the Lessor to send the invoices to the previously specified recipient, in electronic format in accordance with current legislation, to the registered email address, in the case of his request within 30 days from the closing total rental agreement. The Lessee is responsible for
make sure that the electronic invoices can reach you correctly or, if it is convenient, to collect them in electronic format.
1.12. The Lessee has the power to oppose the sending of invoices in electronic format at any time, by express notification of said opposition. In this case, the Lessor will send the Lessee the paper invoices. If an invoice does not reach its destination or cannot be received, the Lessee will notify the Lessor of what has happened. In this case,
the Lessor will again send a copy of the invoice to the Lessee.
2. Payment due dates
2.1. The rental price outlined in the rental agreement, as well as any coverage, limitation of liability, additional equipment, complementary services, applicable taxes and fees, expire and are payable 24 hours before the start of the rental.
2.2. In relation to prepaid rate reservations, the rental price, as well as the other agreed amounts will be payable when making the reservation and will be charged to the card.
2.3. The Lessee shall include the default on the day following the expiration of the corresponding payment obligation, without any requirement being required. In case of default, the Landlord may require, in addition to the appropriate amount increased by three points based on the legal interest of the money, the expenses incurred by the Landlord in claiming the amount due and derived from the contract made.
3.1. The Lessee agrees to deliver to the Lessor, before the start of the lease, as a deposit, an amount according to the main page of the contract, with that deposit being lent in the possession of the Lessor in guarantee of the payment obligations or responsibilities that the Lessee in front of the Lessor. The latter is authorized to apply the amount of the deposit to the payment of said obligations and responsibilities, without prejudice to claiming those that exceed the amount of the deposit.
3.2. The minimum amount as a guarantee deposit requested by the Lessor is € 750.00 per contract.
3.3. The deposit will be provided by the Lessee through a credit card that is accepted by the Lessor. The expiration of the credit card used for the deposit must be longer than the duration of the lease content.
3.4. The Lessor will request a verification before the start of the rental from the card issuer for the corresponding amount as a deposit as a guarantee of payment obligations or responsibilities to be assumed by the Lessee during the period of expected duration of the lease. This amount will be available, at the request of the Lessor, at the time of the formalization of the rental contract. If such a deposit is not possible, the Lessor may deny the rental to the Lessee, without refund
the amount paid at the time of rental.
3.5. After the return of the vehicle and having carried out the necessary vehicle checks, the amount invoiced to the Lessee for the rental of the vehicle and other items as indicated in condition E.1, will be charged to the credit card provided by the Lessee, and the difference is returned to the Lessee’s card.
3.6. The breach by the Lessee of the provisions of this contract will automatically lead to the loss of the vehicle’s security deposit, the Lessee expressly renouncing any claim on the aforementioned deposit, which is constituted to safeguard not only any damage that may occur, but also compliance with the provisions of the clauses, and proper use of the vehicle.
4. Payment method.
4.1. Unless another payment method predetermined by the Lessor is agreed, the rental price, the deposit and all other agreed amounts will be charged to the credit card that the Lessee communicates at the time of making the prepaid reservation and in the when the contract is made if the reservation was not prepaid. Additionally, the expiration of the credit card or other means of payment, used, for payment must exceed the duration of the lease.
4.2. By contracting with the Lessor and communicating the details of his credit card, or other means of payment, at the time of contracting or at a later time, the Lessee authorizes the Lessor to charge the price of rent, deposit and any other costs and responsibilities mentioned in these conditions, accrue in relation to the rental contract.
4.3. The Lessor will not accept the payment of any of the conditions reflected in E.1 and E.3 through the Lessee’s debit card, unless previously authorized by the Lessor.
F. RETURN OF THE VEHICLE
1. The duration of the rental will be the one initially agreed in the rental contract and will be invoiced based on 24-hour periods, counted from the time it was formalized.
The Lessee agrees to return the vehicle to the Lessor together with the keys, documentation, accessories and additional equipment, before the expiration of the contracted term and at the agreed place agreed in the rental agreement. In case of not returning it like this, the Lessee agrees to pay the Lessor additional charges as stated in the
condition E.1 The finished service will be considered when the vehicle and its keys have been received by the Lessor’s staff.
2. The rental prices are calculated according to the collection and return hours specified in the contract. A courtesy period of 59 minutes is always offered, unless otherwise confirmed in writing by the Landlord. In case of a late return of the vehicle, the period not agreed in the rental contract will be invoiced according to the current rates. The special rates will only apply for the periods specified in the offer. In the event that it is exceeded, the rates in force for the entire duration of the rental contract will apply.
3. It is the responsibility of the Lessee the effective delivery of the vehicle to the place agreed in the rental contract. Unless otherwise agreed, the Lessee must return the vehicle during the office hours exposed in each of the Lessor’s branches. The return in a place other than that agreed, for a cause not attributable to the Lessor, may imply additional charges, calculated according to current rates, for the period in which the Lessor could not dispose of the vehicle, in addition to the costs that this
4. The amount lent as a deposit at the beginning of the rental contract by the Lessee to the Lessor may not serve to prolong it. The rental agreement could be extended for a time longer than that agreed upon prior express authorization of the Lessor. The extension may be made by telephone up to five days a single
time. The Lessee undertakes to immediately authorize the amount of the additional deposit for said extension, the price being applicable to the rental extension period indicated in the current rate. It is the responsibility of the Lessee to appear in person at the Landlord’s offices to obtain the new rental agreement with the corresponding extension. The Lessor may deny the extension of the rental contract.
5. In the supposed case of non-return of the vehicle by the Lessee on the scheduled date and after one day without hearing the delay in the return, the Lessor will understand the vehicle’s misappropriation proceeding to file a complaint with the competent authorities. And you can also use the “motor cut” of the non-returned vehicle, implying the lessee part of all the costs of recovery of the vehicle and its transportation to the nearest office of the Lessor.
G. COVERAGE / LIMITATIONS OF LIABILITY
1. The leased vehicle has the compulsory Civil Liability insurance for material and bodily damages derived from the use and circulation of the vehicle, according to European Union regulations.
2. This coverage is guaranteed and is assumed by the insurer with whom the Lessor has the corresponding insurance policy. By signing the rental agreement, the Lessee adheres to the aforementioned policy as insured.
3. The insurance is valid in the countries reflected in the contract.
4. The loss of the vehicle does not automatically imply an obligation of the Lessor to make a replacement vehicle available to the Lessee.
5. Are excluded from the insurance coverage, being therefore the full responsibility of the Renter, the damages to people and things that the same caused by intent or serious fault.
6. Likewise, insurance coverage will be excluded in claims in which the driver of the vehicle was not an authorized driver, was not in possession of a valid driving license, to use the vehicle in contravention of the provisions of points B. 4, B.5, B.6, B.7 and B.8, as well as in the cases of figure G.10 of these conditions.
7. Excluded from the limitation of liability is the contracting of damages that do not respond to a claim but to negligence, fault or carelessness caused inside the vehicle, on the engine and / or on the underside or roof of the vehicle.
8. By contracting, the Renter’s responsibility for loss or damage to the vehicle, its parts or accessories suffered by theft or attempt, or vandalism, is limited to the amount of the franchise stipulated in the rental contract.
9. The Lessor is not responsible for the objects and / or substances owned by the Lessee deposited inside the vehicle during the rental period or after the vehicle delivery date. Any damage or theft of such objects will be the sole responsibility of the Lessee.
H. ADDITIONAL SERVICES
The Lessor makes available to the Lessee the voluntary hiring of the service of management of sanctioning files in the matter of traffic and road circulation for infractions committed during the rental period in Spanish territory and with respect to vehicles with Spanish registration. In the event that the client decides to file an appeal at the administrative headquarters, it will be processed by external lawyers specialized in this type of file. The client will have a specialized attention service for the processing of the specific disciplinary proceedings regarding traffic and vehicle circulation. Legal assistance is provided by a team of specialized lawyers with whom the Landlord has outsourced this service.
The amount for the charge of Administrative Fee for Fines Management (25 euros for each management) will be accrued for each bulletin or sanction file instructed by the competent authority in relation to the leased vehicle and for events that occurred during the term of the lease. The Landlord may, however, claim a higher cost for such management if he duly accredits said higher cost and its attributability.
Regarding infractions related to vehicles with Spanish registration, but due to acts committed outside Spanish territory, the client who hires this service will be exempt from paying the fine management fee referred to above. The Lessor will proceed to identify the Lessee, not being able to offer the service of payment or filing of appeals against files issued by foreign organizations.
Infractions related to vehicles with foreign registration are excluded from contracting this service.
The Lessee will have the option of formulating an administrative appeal against the sanction when legally so, signing an express authorization for representation in favor of specialized external lawyers. Procedures will not be initiated against the sanction without the prior express consent of the Lessee. The Lessor will not be responsible for actions / procedures that have been communicated by the Lessee outside the deadlines that were informed in the communications exchanged with the specialized legal team to confirm the specific procedure to follow.
In any case, the Renter will be in charge of the fine once there is a firm resolution. The Lessor, once notified by the Lessee or by the competent authority, of the complaint, may request the Lessee to provide funds for the fine.
I. ACCIDENTS / THEFT / COMPLAINT OBLIGATION
1. In the event of an accident, theft, fire, damage caused by nature, and in general in any event of damage, the Lessee must do everything appropriate to protect the interests of the Lessor. Likewise, you must complete a descriptive part of the accident, whether responsible or not, and with or without the involvement of a third person.
In the event of the commission of a crime, if there are injuries and / or if the guilt of those involved should be investigated, it is the obligation of the Lessee to report immediately to the police.
2. In the event of an accident with contrary, the Lessee must complete the part of the standard friendly declaration that will be found among the vehicle documentation and inform the Lessor of the accident within a period not exceeding 24 hours, by means of a copy of the part, the original of which will deliver within a maximum period of two days. If the opponent refuses to sign a part of the friendly declaration, the Lessee must request the police presence and also deliver to the Lessor a copy of the corresponding certificate.
3. The descriptive parts of the accident and / or the parts of the friendly declaration shall be completed in full and with as many details as possible, regarding both the damage and the circumstances in which it occurred. The Tenant agrees to sign and collect the signature of the opponent, if any, on both documents. If the opponent refuses to sign, the Lessee must request the presence of the police on the spot to clarify the facts, since otherwise the Lessee will be considered responsible for the accident, unless otherwise provided by the latter.
4. The loss or theft of the vehicle does not automatically imply an obligation of the Lessor to make a replacement vehicle available to the Lessee.
1. The responsibility of the Lessor extends to the damages caused by its employees and other persons for whom it must respond according to law, in the cases of intent or gross negligence, unless the Lessor accredits having used the diligence of the good father of family to avoid harm. The damages compensable for breach of contract will extend only to the foreseeable and reasonable consequential damage and in no case to mere expectations.
2. The Lessee and its collaborators will respond without limitation for the violation of any regulatory provision they commit during the term of the contract, especially for traffic offenses. The Lessee shall hold the Lessor harmless with respect to any sanctions, fines, fees, surcharges, and in general costs of all kinds that are imposed by the Administrations.
All expenses effectively paid for the administrative tasks that the Landlord must assume due to the requirements that the Administrations direct him in order to clarify the authorship or other circumstances of an infraction or crime as stated in condition will be for the account and charge of the Lessee. E.1.11.
K. CONTRACT TERMINATION
1. The parties will have the right to terminate the contract to have a legal cause for it. The Lessor shall have the right to terminate the contract with immediate effect, in the event that the Lessee is more than seven days late in the payment of any amounts due or other just cause exists. In this sense, they will be considered as just cause:
2. In case of termination of the contract, the Lessee will be obliged to immediately return the vehicle, the keys, the documentation and the accessories. In any case, the Lessor will have the right, when terminating the contract, to withdraw the vehicle from wherever it is.
3. In the event of a contractual resolution, the Landlord may claim the damages that it may have caused, which includes not only the consequential damage (including cranes, expert opinions, legal costs, etc.) but also the lost profit for the lack vehicle availability.
L. PROTECTION OF PERSONAL DATA
Confidentiality Declarations in accordance with Article 13 and 14 of the General Data Protection Regulation (RGPD)
The management of the personal data that RENOVATIO EXPERIENCE treats and what is the purpose of said treatment, is as follows.
Responsable. – RENOVATIO EXPERIENCE, S.L., Carretera Fuencarral 44, Edificio 3, Local 27 – (Tribeca), Alcobendas, Madrid, 28108 (hereinafter “RENOVATIO”) is responsible for
processing of your data.
Contact. – For all questions related to data protection, you can contact the following address at any time: email@example.com
1. Categories of personal data:
The following categories of personal data may be processed by our company in relation to our services:
2. Legal foundations of data processing in RENOVATIO EXPERIENCE.
Article 6, paragraph. 1, first sentence letter a) of the General Data Protection Regulation (GDPR): in accordance with this provision, the processing of personal data is allowed when the Lessee has given his consent to it.
Article 6, paragraph 1, first sentence, letter b) of the RGPD: according to this provision, the processing of personal data is lawful if it is necessary for the execution of a contract to which the Lessee is part, or in order to take action at your request prior to the conclusion of a contract (eg in the reservation of a vehicle).
Article 6, paragraph 1, first sentence, letter c) of the RGPD: according to this provision, the data processing is lawful when it is necessary for the fulfillment of a legal obligation of RENOVATIO EXPERIENCE.
Article 6, paragraph 1, first sentence, letter f) of the RGPD: according to this provision, the processing of personal data is lawful when it is necessary for the satisfaction of legitimate interests pursued by the person in charge, that is, RENOVATIO EXPERIENCE, or a third, provided that the interests or fundamental rights and fundamental freedoms of the interested parties, that is to say those of the Lessee, do not prevail over said interests.
Article 9, paragraph 2, letter f) of the RGPD: according to this provision, special categories of personal data may be processed when such processing is necessary for the formulation, exercise or defense of claims. The special categories of personal data also include data on the health of the interested parties.
3. Purposes of treatment in RENOVATIO EXPERIENCE
3.1. Reservation and rental of vehicles
Purposes of treatment. – Regarding the Lessee, we treat the master data, the communication data, the contractual data, the financial data and any other voluntary information for the reservation, the conclusion and the execution of the rental contract.
Likewise, we use master data, communication data and contractual data for customer service in the event that the Lessee, as a customer, contacts us, e.g. eg, in case of claims, reservation changes or the like.
If the Lessee reserves a vehicle through a travel agency, an online travel agency or other intermediaries, our partners will transfer their master data, communication data, rental information and, if applicable, financial data.
Likewise, we use the Master data and the contractual data of the Lessee for the calculation of provisions and for commercial management, p. eg, with travel agencies, agency partners / franchises / collaborators). In addition, we transfer said data to associated companies in the event that we do not have the vehicle or the type of vehicle that the Renter wishes.
On the other hand, we are obliged by law to provide certain data to the Security Bodies and Forces, as well as to Judicial Authorities in order to avoid or clarify criminal acts. And this in order to guarantee security and to be able to make effective the application of state laws.
Likewise, we use the Renter’s data for his and our security, p. eg, to avoid defaults and to prevent property crimes (in particular, fraud, theft, embezzlement). In the event that the Tenant wishes to pay their rents by means of a monthly invoice, we process the Master and financial data of the Tenant to check their solvency by consulting information we obtain from the credit agencies. After mutual fulfillment of the rental agreement, the Lessee’s master, financial and contractual data remains stored until the expiration of the legal retention periods.
Legal foundations of the aforementioned treatments.
Article 6 section 1 first sentence letter b) of the GDPR for the treatment for the purpose of booking, execution and fulfillment of rental contracts and customer service.
Article 6 section 1 first sentence letter f) of the RGPD for the treatment for billing purposes against third parties, to execute the claims themselves, as well as to prevent risks and prevent fraud.
Article 6 section 1 first sentence letter c) of the RGPD for the treatment for purposes of the recognition, prevention and clarification of criminal acts, verification and storage of driving license data and fiscal obligations of record keeping.
Legitimate interest, provided that the treatment is based on art. 6 sec. 1 letter f) of the RGPD.
Our legitimate interest in using Lessee’s personal data to improve our services and customer service is to offer the best possible services and increase customer satisfaction on a lasting basis.
Regarding the treatment of data with the purpose of avoiding damages to our company or to our vehicles by means of adequate analysis, our legitimate interest is to ensure the safety of costs and avoid economic disadvantages caused, e.g. eg, for non-payment or loss of our vehicles.
Categories of recipients of the Tenant’s data. – In addition to the aforementioned purposes, we disclose your data to the following recipients: IT service providers, call centers, collection agencies, financial service providers, credit agencies, cooperation partners, collaborating agencies, as well as franchises. .
Transfer to third countries. -In the event that you reserve vehicles from our company that you want to rent in a third country, we transfer the Lessee’s personal data to the contracting party in that country. The transfer to a third country is made based on an adequacy decision of the European Commission. In the absence of an adequacy decision of the European Commission in the corresponding third country, the transfer to a third country is made based on the appropriate guarantees in accordance with art. 46 sec. 2 of the GDPR. Likewise, we can transfer the Lessee’s data to a third country in accordance with the requirements of art. 49 of the RGPD. Copies of these guarantees can be requested from RENOVATIO EXPEIENCE at the address previously provided (comp. → Responsible).
Third countries are all countries outside the European Economic Area. All the countries of the European Union belong to the European Economic Area as well as the countries of the so-called European Free Trade Area. These countries are Norway, Iceland and Liechtenstein.
3.2. Marketing and direct marketing.
Purposes of treatment. – We process the master data, communication data and contractual data of the Lessee for the loyalty of clients, the execution of bonus programs, the optimization of offers for clients and the realization of events for clients (v. T. → Events and donations). Customer loyalty programs include our own program and that of our cooperation partners.
We use the Renter’s email address to offer you similar products or services. The Renter may oppose this use of his email address at any time, without incurring any costs other than those of transmission according to the base rates.
Legal basis of the treatment.
Article 6 section 1 letter a) of the RGPD for the treatment for the purposes of direct marketing measures, which require express prior consent.
Article 6 section 1 letter f) of the RGPD for the treatment for direct marketing purposes that do not require express prior consent, as well as for the aforementioned measures of
marketing (→ Purposes of the treatment).
Legitimate interest, provided that the treatment is based on article 6 section 1 letter f) of the RGPD.- Our legitimate interest in the treatment of the Lessee’s data for direct marketing purposes and the aforementioned marketing measures consist in attracting you to our offers and establish a lasting relationship with the Lessee as a client.
Categories of recipients of the Tenant’s data. -For the aforementioned purposes, we transfer the data from the Renter to IT service providers, call centers, advertising partners and providers of customer loyalty programs.
Transfer to third countries. – The transfer to third countries is carried out within the framework of partner programs. The transfer to a third country is made based on an adequacy decision of the European Commission. In the absence of an adequacy decision of the European Commission in the corresponding third country, the transfer to a third country is made based on the appropriate guarantees in accordance with art. 46 sec. 2 of the GDPR. Likewise, we can transfer the Lessee’s data to a third country in accordance with the requirements of art. 49 of the RGPD. Copies of these guarantees can be requested from RENOVATIO EXPERIENCE at the address previously provided (comp. → Responsible). Third countries are all countries outside the European Economic Area. All the countries of the European Union belong to the European Economic Area, as well as the countries of the so-called European Free Trade Area. These countries are Norway, Iceland and Liechtenstein.
3.3. Damages, accidents, traffic violations. Purposes of treatment.
In those cases where the Renter detects damage to our vehicles, or if the Renter or a third party causes damage to them, or the traffic and vehicle circulation regulations are violated during their rental, or the Renter or a third party is involved in a accident with one of our vehicles, we process the master data, communication data, contractual data, financial data and, if applicable, data related to the Lessee’s health for the following purposes:
This also includes the treatment of the categories of data mentioned for the purpose of liquidation of damages, p. eg, in front of insurers. In relation to claims and accidents, we process the Master, communication and contractual data of the Lessee also for the purpose of assistance through the offer of assistance and the mobility guarantee of RENOVATIO EXPERIENCE.
In addition, we process the Master data, communication data and contractual data of the Renter in order to comply with legal obligations (eg notifications to investigative bodies, identification of drivers for traffic violations). In the event that the competent authorities suspect that the Lessee has committed an offense or an offense with one of our vehicles, we treat in addition to the stored Lessee master data those data that the competent authorities have provided us.
We also process master data, communication data, financial data, contractual data and, if applicable, data related to the Lessee’s health for the purpose of insuring and executing our own claims against the Lessee, eg. eg, in case of non-payment or damage to our vehicles.
Legal basis of the treatment.
Article 6 section 1 first sentence letter b) of the RGPD for the treatment for the purpose of claims management, customer service in the event of a claim and the processing of accidents. Article 6 section 1 first sentence letter c) of the RGPD for the treatment for the purpose of processing accidents and the duty to identify drivers who have committed a traffic offense, established in article 11 of Royal Legislative Decree 6/2015 , of October 30, which approves the Consolidated Text of the Law on Traffic, Movement of Motor Vehicles and Road Safety).
Article 6 section 1 first sentence letter f) of the RGPD for the treatment for the purpose of liquidation of damages, the execution of our own claims against the Lessee and in relation to infractions. Article 9 section 2 letter f) of the RGPD for the treatment of data related to health for the purpose of formulating, exercising or defending claims. Legitimate interest, provided that the treatment is based on art. 6 sec. 1 first sentence letter f) of the RGPD. Our legitimate interest for the treatment of the data of the Lease for the purpose of the liquidation of damages and the execution of our own claims against the Lessee, lies in preventing damage to our company and making available to our clients vehicles without damage. Furthermore, based on contractual relationships with third parties (eg insurers) we are obliged to process the Lessee’s data for the purpose of liquidation of damages. Our legitimate interest in this regard is to fulfill contracts.
Recipient / recipient categories.
In addition to the aforementioned purposes, we disclose the Tenant’s data to the following recipients: Authorities (investigative bodies; regulatory bodies; police bodies, public administrations), collection agencies, experts, assistance providers, lawyers and insurers. Transfer to third countries. – In the event of claims and / or accidents in a third country, we transfer your personal data to the competent authorities and insurers in that country. The transfer to a third country is made based on an adequacy decision of the European Commission. In the absence of an adequacy decision of the European Commission in the corresponding third country, the transfer to a third country is made based on the appropriate guarantees in accordance with art. 46 sec. 2 of the GDPR. We can also transfer the Lessee’s data to a third country in accordance with the requirements of art. 49 of the RGPD. Copies of these guarantees can be requested from RENOVATIO EXPERIENCE at the address previously provided (comp. → Responsible). Third countries are all countries outside the European Economic Area. All the countries of the European Union belong to the European Economic Area as well as the countries of the so-called European Free Trade Area. These countries are Norway, Iceland and Liechtenstein.
3.4. Treatment based on legal provisions
Purposes of treatment. We process master data, communication data, contractual data and financial data to fulfill the legal obligations to which RENOVATIO EXPERIENCE is subject. To them belong the treatment of the data within the framework of the obligations to communicate with the authorities (based on article 25 of the Organic Law on Citizen Security), and the treatment in accordance with tax and / or commercial provisions (p. ex. to conservation obligation for mercantile books of commerce and accounting documents according to para. 257, section 4 of the Commercial Code).
Legal basis of the treatment.
Article 6 paragraph 1, first sentence, letter c) of the General Data Protection Regulation (GDPR).
Recipient / recipient categories.
We may be asked to disclose the Lessee’s data to the authorities for the purposes mentioned above.
3.5. Optimization of processes and supply. Purposes of treatment.
We process the master data, communication data, contractual data and also the data provided voluntarily by the Renter for the purpose of optimizing processes and supply. Included here, p. For example, preparing and evaluating rental reports, planning capabilities for better vehicle allocation, creating a data warehouse, analyzing and correcting sources of error, and conducting surveys about customer satisfaction. In addition we process your master data and contractual data to optimize our online presence (v. T. → Internet presence). In order to improve the quality of the offer and optimized customer service, we process your master and contractual data on the basis of an algorithm, also in order to create profiles and probability values for future rentals and the use of our offers.
3.6. Internet page.
Purposes of treatment. – Personal data is collected through the RENOVATIO EXPERIENCE website when provided by the Lessee, p. For example, during a registration, when filling out forms, by sending emails or, above all, to reserve a rental vehicle. We use this data for the purposes indicated in each case or those derived from the request, for example, the reservation request for the processing of the Lessee’s reservation request. The use of the Lessee’s data for marketing purposes takes place only for the purpose of self-promotion (including marketing for recommendation).
Security, SSL technology RENOVATIO EXPERIENCE. – has adopted technical and organizational measures to protect the Lessee’s data, especially against accidental or intentional manipulation, loss or destruction, and against access by unauthorized persons. These security measures are constantly adapted according to technological development. The transfer of personal data between the Renter’s computer and our server is, by default, encrypted (SSL procedure, Secure Socket Layer).
4.Storage duration / storage duration criteria
RENOVATIO EXPERIENCE stores your personal data until the purpose that justifies the treatment disappears (comp. → Purpose of the treatment in RENOVATIO EXPERIENCE). When RENOVATIO EXPERIENCE is obliged by law to save personal data, this storage is done for the time legally required. In the case of commercial documentation, which includes mercantile business books and accounting documents (such as invoices), the storage period is 10 years (para. 257, paragraph 4 of the Commercial Code). If necessary, during this time your data will be blocked for current operation, if there is no other purpose for its treatment.
5. Rights of those affected
Rights in accordance with articles 15 to 18 and 20 of the RGPD.
Access: The Lessee has the right to demand from us, at reasonable intervals, information about his stored personal data (art. 15 RGPD). This information refers to the question of whether RENOVATIO EXPERIENCE has stored your personal data and, among other things, what data it is and for what purposes it is processed. Upon request, RENOVATIO EXPERIENCE will deliver a copy of the data object of the treatment to the Lessee.
Rectification: In addition, the Lessee has the right to require RENOVATIO EXPERIENCE to rectify incorrectly saved data (art. 16 RGPD).
Deletion: Likewise, the Lessee has the right to require RENOVATIO EXPERIENCE to delete their personal data (art. 17 RGPD). We are obliged to delete the personal data of the Lessee when, among other things, they are no longer necessary for the purposes for which they were collected or processed, when the Lessee has revoked his consent or when the data processing was unlawful.
Limitation request: In certain circumstances, the Lessee has the right to limit the processing of their personal data (art. 18 RGPD). These circumstances include your disagreement with the accuracy of your personal data, and we must verify your objection. In this case, we cannot process the Lessee’s data, except for storage, until the question of accuracy has been clarified.
Portability: In the event that the Lessee wishes to change to another car rental company, the latter has the right to request that we provide the Lessee or a third party of his choice with the information he has provided, based on his consent or a contractual relationship. existing with the Lessee, in a machine readable format (right to data portability, art. 20 RGPD).
No contractual or legal obligation to provide the data / Consequences of not providing the data
The Renter is not legally or contractually obliged to provide us with his personal data. However, please note that the Renter cannot sign with us any contract for the rental of a vehicle, nor can he use our services if we cannot collect or process the data necessary for the aforementioned purposes (comp. → Purposes of the treatment in RENOVATIO EXPERIENCE).
Right of opposition at any time in accordance with article 21 of the RGPD: If the treatment of the Tenant’s data by RENOVATIO EXPERIENCE is based on the performance of a function performed in the public interest, or on the exercise of public powers (art. 6 par. 1 first sentence letter e) of the RGPD), or the data processing is based on a legitimate interest of RENOVATIO EXPERIENCE, the Lessee has the right for the reasons resulting from his special situation to oppose at any time the treatment of his personal data. RENOVATIO EXPERIENCE will leave the treatment unless we prove compelling legitimate reasons for the treatment that prevail over your interests for the completion of the treatment. Opposition to the processing of the Lessee’s personal data for the purpose of direct marketing is possible at any time without limitation.
Right of revocation in case of consent: If the treatment of the data by RENOVATIO EXPERIENCE is based on your consent, the Lessee has the right to revoke said consent at any time. The lawfulness of the treatment carried out by consent until revocation is not affected by the revocation.
All these rights can be exercised by sending the Lessee’s request to the email address: firstname.lastname@example.org.
6. The Lessee is hereby informed and accepts that certain Lessor vehicles may be equipped with a remote vehicle location system. This system will only be activated if it becomes necessary to control the condition of the vehicle, avoid fraud and theft or for your own safety. Our intention is not to know the location of the driver or Lessee of the vehicle, but to protect our vehicles and respond to any request for help that the Lessee may send us. The location data will be processed and collected only and exclusively for its transfer to the competent State Security Forces and Bodies, in order to locate the vehicle owned by RENOVATIO EXPERIENCE. This data processing is based on the legitimate interest of RENOVATIO EXPERIENCE and on the provision of specific consent by the Lessee in the vehicle rental contract.
6.Right to complain to the responsible supervisory authority
The Tenant has the right to complain to the responsible control authority of RENOVATIO EXPERIENCE at the following address:
Spanish Agency for Data Protection
C / Jorge Juan, 6. 28001 – Madrid
There are no agreements between Lessee and Lessor not reflected in writing in the rental agreement or in these general conditions., Any modification accordingly must be made in writing and signed by both parties,
N. LEGISLATION AND JURISDICTION
In accordance with Article 90 of the General Law for the Defense of Consumers and Users (Law 1/2007, of November 16) in case of discrepancy that may arise in the interpretation or execution of these General Conditions, the parties will they expressly submit to the Courts and Tribunals of the place of fulfillment of the obligation.
LIST OF ADDITIONAL CHARGES SPAIN – LUXURY VEHICLES
In Spain the following rules on the minimum age and possession of driving licenses apply:
Drivers under the age of 23 are billed an additional charge of € 17.99 for 1 day and € 215.88 per month.
Information about prepaid rates
Modification of the reservation
Prior to the start of the rental and one hour in advance, modifications may be made by which the Lessee will be taxed with an amount corresponding to the modification charge. The price to be applied after the reservation has been modified will be that of the rate in force at the time of the change. No refund will be made on the amount already paid / prepaid in the event of a price difference.
The reservation can be canceled before the start of the rental by post, fax or email. In case of cancellation, the amount paid in advance will be returned, deducting the cancellation fee that amounts to the first three days of rental, including extras and fees. If the duration of the reservation is less than three days, no amount will be paid. Cancellations should be addressed to: RENOVATIO EXPERIENCE, S.L., Fuencarral 44 road, Building 3, Local 27 (Tribeca), 28108, Alcobendas, Madrid, Email: email@example.com
By not picking up the vehicle at the agreed time, the amount that had been paid in advance will be retained.