The purpose of this section is to provide the user with the information needed for the proper contracting of the rental car service and to inform the user of the limitations on the use of the rental cars and the standards for returning the car.

The purpose of the contract is the lease without a driver of the vehicle described in the specific conditions of the contract for the private transportation of passengers and their luggage, fulfilling all the generally terms established in this document.

Requirements for the rental: The requirements for renting a vehicle are being in possession of the documentation necessary for the rental and complying with the company’s policy on age and experience:

1. Age and experience: In order to rent a car, you must have been in possession of a valid driving licence for at least two years and you must be at least 21 years of age (a young driver) for the economy and compact groups. For all other groups: 24 years of age.
2. Documentation required for the rental: The main driver of the rental car is responsible for presenting the documentation required for the contract (proof of identity, valid driver’s license valid in Spain, credit card in the main driver’s name). Should you have a foreign licence, you may verify its validity with the Directorate General of Traffic (DGT) or you may schedule an appointment with the company by sending an e-mail to reservas@finauto.es. The title holder of the contract is responsible for the truthfulness and validity of the documentation. In case you cannot secure the rental contract due to insufficient documentation or illegible or deteriorated documentation, the company has the right to compensation equivalent to the full price of the rental and insurance for the first three days of the period plus 50% of the price for the period between the fourth and fifteenth day of the rental, as well as a minimum of €30 in administrative fees.

The company reserves the right to accept clients with questionable financial solvency and can rescind the reservation contract with immediate effect by simply returning the sum paid for the reservation to the customer without compensation.

The lessee, in accordance with their legitimate interest, is required to sign the contract upon picking up and returning the vehicle and is also required to retain a copy of it. The contract includes information on the state of the vehicle, the date and time of pick up, and on the terms of the agreement.

Geographical limitations: the use of the rental vehicle is limited to the Iberian Peninsula (Gibraltar and Portugal included). Should the lessee want to drive the vehicle outside of this geographical zone, they must have written authorisation from the lessor.

RESERVATIONS:

Modification of reservations: The user must inform the company of any modification desired regarding the date, time, and place of pick up or return, as soon as possible by sending an e-mail to reservas@finauto.es. The company will attend to your request as quickly as possible, depending on the availability of criteria.

Cancellation of reservations: The user has the right to cancel the vehicle reservation and to be refunded the sum paid to that end, minus the administrative fees which are at least €30. The user can cancel the reservation up to 48 hours prior to the start of the reserved rental period by writing an e-mail to reservas@finauto.es. Should the desire to cancel a reservation be communicated within less than 48 hours, the company will have the right to compensation equivalent to the full price of the rental and insurance for the first three days of the period plus 50% of the price for the period between the fourth and fifteenth day of the rental, as well as a minimum of €30 in administrative fees.

CHANGES IN THE DURATION OF THE RENTAL CONTRACT:

Extension of the contract for the rental vehicle: To extend the rental contract, the lessee must go to the company headquarters in person. An extension request must be made at least 48 hours before the rental contract expires. Finauto will respond to the request as quickly as possible and, taking availability into account, will approve or reject that request. Should the contract be extended, the lessee is contractually obliged to pay the corresponding amount (this amount cannot to be paid using the deposit made) and to sign the rental extension document before the contract expires. If the request is rejected, it will be understood that the contract has not been extended and that the client must return the vehicle at the date and time agreed in the original contract.

Late returns of vehicles: Should the lessee not present themselves at the date and time stated in the contract for the return of the vehicle, the lessor will be entitled to charge the lessee the amount per day which results from increasing the daily rental rate applied by €60 (days will be counted as whole and not part days), starting from the moment the contract expires and ending on the day the vehicle is returned. If the lessee abandons the vehicle, in addition to the above, €180 in vehicle recovery fees will be charged, plus all expenses and costs incurred during its recovery.

In case of breakdown or accident outside the agreed rental period: Once the contractual relationship between the lessor and the lessee has ended, should the latter not present themselves at the time and place agreed on for the return of the vehicle, the lessee will be responsible for 100% of payment for repairs and expenses associated with the vehicle.

Returns prior to expiration: Should the lessee return the vehicle prior to the end of the rental period, the lessor will not return or reimburse the lessee any percentage of the price stated in the contract, given that it is considered a unilateral resolution of the contract on the part of the lessee.

CONDITIONS OF RENTAL:

PRICE

Below are the general rental prices for the 2019 season. All prices shown include VAT. Due to supply and demand, the company will offer discounts during the season, which will be advertised in various media formats (website, brochures, posters, etc.). Generally, the normal rates are applied, unless the client makes use of a special offer.  If the client makes use of an offer, the price option that is more advantageous to the client will always be applied. If the client does not make use of an offer, books our services through means other than those specified in an advertised offer, or in the case of a delay in the returning of the rental vehicle, the general rate will apply.

* Rate in Euros. VAT INCLUDED.

Price of services:

Delivery service to airport + €15

Return service at airport + €15

Delivery and return service at airport + €25

Delivery service to hotels in Benalmadena and Torremolinos: FREE OF CHARGE

Delivery service to hotels outside of Benalmadena and Torremolinos + €50

Child seat rental: €5 / day (€30 max.)

Deposit amount:

The following table shows the deposit amount to be paid by the client if they choose the STANDARD or EXPANDED insurance plans.

Return of the deposit:

Upon returning the vehicle, the lessee must pay the following costs as applicable: a fee for cleaning (if car is extremely dirty or smells of tobacco), for lack of fuel, for identified fines, for any damage to the vehicle that is not covered by the insurance; the amount of the deductible if there has been an accident, and any amount incurred by a delay in the return of the vehicle.

If none of these cases apply, the lessor will proceed to refund the deposit upon the return of the vehicle.

If a deposit has been left, the lessee authorises the lessor to cover any costs incurred with the deposit, returning the remaining amount afterwards.

In addition, the lessee authorises the bank charge of any excess expenses not covered by the deposit should they exceed it.

INSURANCE COVERAGE

Information about the insurance and exclusions

The insurance option chosen by the client from the following list will be noted in the specific conditions of the contract:

All vehicles come with compulsory as well as with voluntary (up to EUR 50 million) civil liability insurance, third-party cover, cover for expenses for defence in court and for lawsuits against the lessor, and with roadside assistance cover for within the Iberian Peninsula. We call this the STANDARD option.

For the EXPANDED option, the lessor directly exempts the lessee (minus a deductible) from damage incurred to the vehicle in the event of a traffic accident (collision with another vehicle, person, animal, or object) if there is a joint accident report or a police report.

The 0 EXCESS option provides the same cover as the previous plan, except that there is no deductible. This option is limited to drivers who are at least 28 years old and have had their license for at least 2 years. It is not available for all vehicles.

EXCLUSIONS:

Clause on what the insurance does not cover We would like to inform you that you are not insured or protected in the event of UNAUTHORISED USE of the vehicle, as listed below, and that, if this is found to be the case, you are responsible for whatever liabilities arise if there is an accident, exempting the lessor and the insurance company in the following situations:

1. a) traffic accidents for which there is no joint accident report or police report
2. b) damage due to pushing or towing another vehicle
3. c) driving in areas that are not suitable for public transportation, such as beaches, race tracks, forest trails, unpaved roads, etc.
4. d) driving on unpaved roads or seriously damaged roads, that could result in damage to the car
5. e) driving the vehicle through restricted areas, specifically including airport runways and other roads associated with aeronautical and/or military use
6. f) neglecting to heed warning lights or indicators on the rented vehicle’s dashboard, of which, in signing the contract, the client previously acknowledged to know the meaning.
7. g) transporting goods or animals, particularly substances that may be hazardous, flammable, and/or harmful to the vehicle and its occupants.
8. h) transporting persons or goods which directly or indirectly involves payment to the customer
9. i) subletting the vehicle
10. j) any unlawful use of the vehicle
11. k) transporting a number of people or amount of luggage which exceeds the authorised limits for the vehicle
12. l) transporting luggage or any other item on the roof of the vehicle
13. m) driving the vehicle in a state of fatigue, illness, or under the influence of alcohol, medication or drugs
14. n) reckless driving
15. o) using the vehicle for activities to do with learning how to drive in any situation or teaching any special skill behind the wheel
16. p) driving without complying with traffic regulations
17. q) the rental vehicle is driven by any individual who is not authorised to do so in the contract, whether as additional client and/or driver
18. r) driving the vehicle outside of the Iberian Peninsula without the lessor’s authorisation
19. s) damage of any sort to the upper part of the body of the vehicle, when caused by a collision with or crash into trees, tunnels, bridges, garages and garage doors, and generally any object, which results from the driver’s incorrect estimation of their height
20. t) use of the vehicle after the rental period has ended

For all relevant purposes, we inform you that some of our fleet is equipped with GPS locators for safety reasons. The company only will access location information in the event of (i) an alert of the system disconnecting or being inhibited, or (ii) the vehicle not being returned at the specified time. The client knows and accepts this fact, refraining from interrupting or preventing its proper operation under any circumstances.

Unauthorised use of the vehicle by the client will entitle FINAUTO RENTACAR to terminate the rental contract in advance due to its breach and, where appropriate, to charge compensation for resulting damages.

In addition to the above, the following cover options are generally excluded in all insurance plans:

1. Personal accident insurance (driver and passengers)
2. Damage to the windows and wing mirrors
3. Damage to tires, wheels, and hubcaps
4. Damage due to vehicle theft, both successful and failed
5. Damage from vandalism
6. Damage to the vehicle’s interior
7. Intentional damage to the vehicle
8. Damage to the vehicle due to malfunctions caused by improper use of the vehicle or driving with warning indicators showing on the dashboard
9. Loss of the keys
10. Damage caused by improper refuelling

Procedure in case of accident:

In the case of an accident, first of all, those involved must do their part to minimise the consequences of the accident, by cooperating in the rescue of people and goods.

In the case of a traffic accident involving a third party, it is mandatory for you to complete the joint accident report that is inside the vehicle as extensively and accurately as possible. Assistance should be requested from an authority (police or Spanish civil guard) when mediation or intervention is necessary.  If it could be of help, you may also take photos or videos of the accident and objects involved, in order to clarify what happened and the resulting consequences.

Cover for damage to the vehicles themselves (the expanded and 0 excess plans) applies if the lessee correctly completes the accident report, which should clearly include information on the vehicles and drivers involved in the accident and the conditions and circumstances under which it occurred, and as long as the lessee informs the lessor of what happened within the set time period.

Obligation to inform the lessor within a maximum time period of 48 hours: You must inform the lessor of the accident and send all the documentation necessary for clarifying what happened and the consequences (joint report, photographs if there are any, and a police report if there is one), along with a narrative describing the events, within a maximum period of 48 hours following the accident. Processing these records quickly is fundamental to be able to defend the rights that protect us. Any communication to do with this matter must be done in person at the office, or by sending an e-mail to siniestros@finauto.es.

In the case of a delay in reporting an accident, not reporting it truthfully, or a missing joint report, you will be responsible for any responsibilities and claims the lessor may receive, as, in these cases, the contracted insurance cover does not apply.

Deductible amount in case of expanded insurance:

Amounts due for damage to the vehicle:

In case of damage to the vehicle that is not covered, the lessee must make a payment for the amount due. The amount thereof shall be calculated according to the estimate of an external garage plus compensation for the days that the vehicle will not be available for the company to rent out (up to a maximum of 7 days).

POLICY ON FUEL, MILEAGE, SECOND DRIVER, CLEANING STANDARDS, VEHICLE MAINTENANCE, AND FINES

Fair fuel policy: At the start of the rental period, the amount of fuel contained in the vehicle (measured in eighths) and the price of fully filling the tank will be noted down in the contract. Upon return of the vehicle, the amount of fuel will be checked. For cases where the lessee returns the vehicle with the same or greater amount, there will be no charge. If returned with a lower amount than stated in the contract, the lessee must pay the difference.

Information on mileage: There is no limitation on the number of kilometres for contracts to which the general rental rate applies. If the lessee has benefitted from a promotional offer, this shall entail a series of limitations, such as mileage, as indicated in the offer. In such a case, the maximum number of kilometres for the rental period and the number of daily kilometres (which will apply in the event that the contract is extended) will be indicated in the contract.

Cost of a second driver: The inclusion of a second driver is free of charge, provided they are not of a lower category (young driver).

Joint liability: All lessees and/or additional drivers will respond jointly to all the obligations assumed by the lessee in the contract and to all the laws that apply to it.

Cleaning standards: The appearance of the vehicle’s interior passenger area is understood to be normal, as long as it is not deemed unacceptable. In the event of extreme dirtiness, stains on the upholstery, leftover food, etc., the company will be forced to hire a cleaning service. The cost of that service amounts to €50 for interior cleaning; stain removal on upholstery costs €80; and stain removal on the ceiling of the vehicle costs €250.

Smoking inside the vehicle is prohibited: It is strictly forbidden to smoke inside of all our vehicles. A vehicle that smells like and contains rest of tobacco upon its return requires the company to conduct a specific cleaning treatment, which will cost the lessee €150. The cost incurred by burn marks on the upholstery amounts to €200 for each part affected.

Vehicle maintenance: The lessee receives the vehicle in perfect condition and must keep it in good condition, without allowing changes to either the outside or inside of the vehicle. If any changes are identified, the restoration to the vehicle’s original state plus the cost of any possible damage and consequences will be charged to the lessee. Any repairs in a garage or the replacement of parts can only be carried out with the express prior authorisation in writing of the lessor. Repair expenses will only be reimbursed with the lessor’s previous consent and acceptance of the budget and of the garage where the repairs will be done. In cases where there is no such express written consent, it will be the lessee’s sole responsibility to pay these expenses, both for the workshop and the replacement parts.

Traffic fines: The client is responsible for the payment of fines for driving, improper parking, or other offences committed during the rental period and whilst the car is with the driver, until it is effectively returned. Finauto Rentacar will charge the amount of €30 (VAT included) for administrative and processing fees, as it is required to report client data as well as rental information by the set legal deadline to the relevant authorities. This fee does not include payment of the fine. The lessee authorises the lessor to charge administrative fees to their bank card if the fees are charged after the end of the rental contract.

LEGISLATION AND JURISDICTION

Taxes: All rate prices listed include value added tax (VAT) of 21%.

Framework agreement: These conditions have the character of a framework contract and are applicable to however many leases the same lessee may hold with FINAUTO RENTACAR.

Jurisdiction: This contract is governed by the entirety of Spanish Law that may apply. The parties expressly submit to the Transport Claim-Arbitration Boards, Courts, and Tribunals of Malaga, for however many incidents and issues that may arise due to this agreement.

RESOLUTION OF THE CONTRACT: The lessee commits to complying with each and every one of these clauses and agrees that breaching any of them will lead to the lessor declaring the lease terminated, without the need of requesting and/or notifying this beforehand, the lessee remaining responsible for each and every one of the obligations assumed by signing the contract.

If the lessee breaches any of the points established in the general conditions or the specific rules laid out in the contract, the lessor reserves the right to take the vehicle away from the lessee at any time and may request the payment of damage and consequences.