1.1- The changes of driver of the vehicle mentioned in this contract must be communicated as soon as possible to Lencar Canarias SL
1.2- The driver will be the only responsible about his driving licence expiration date about the renovations of long term contracts, where the lasts can be made by e-mail for a better agility of the tenant
2. TRANSPORT DOCUMENTS
Leased vehicles whose use is for commercial or public service, must be authorized for that use by the appropriate agency, being only and exclusively under the responsibility of the hirer the cost of penalties due to the failure to obtain the before mentioned transport permit.
3.1- The contract will end on the date stated in the “RESUMEN” box. In case of, without notice, the vehicle will not be returned on time, we will proceed to report it as stolen to the authorities and a penalty of € 150 per day will be applied.
3.2- Once the contract has expired Lencar Canarias will wait one more hour after the official forecast return time, passed this time the system will immediately charge by default an extra day of rent reserving to itself the right to proceed with the charge mentioned at point 3.1
3.3- If the tenant wants to extend the rental period, he will have to get in touch with the office where he/she originally subscribed the contract to make a new one.
4. FEES, SETTLEMENT AND PAYMENT
4.1- The rent has been fixed in accordance with the current rates excluding fuel costs which are at hirer charge. The extra cost due to possible extension of the contract can’t ever be charged on the amount retained as deposit. 4.2- Lencar Canarias S.L. may request the hirer a deposit for the amount of € 200,00 to be retained from a credit card. This deposit will be returned after checking that internal and external conditions, and the level of fuel is the
same registered at the beginning of the contract, reserving to Lencar Canarias the right to retain the deposit up to a maximum of 15 days after the vehicle return.
4.3- During a long rent, the agreed price could be reviewed after 12 months, according to the variation suffered by the “indíce de Precios al Consumo” in the past 12 months. 4.4- All the published fares are subject to changes with no anticipated notice. The special offers can be interrupted in any moment.
4.5- Any formal, verbal or personal cancellation of an already confirmed booking will have a cancellation fee between €10,00 and € 40,00 according to the kind of reserved vehicle corresponding this amount to the 40% of the rental fee without taxes.
5. RECEPTION, RETURN, USE AND MAINTENANCE OF THE VEHICLE
5.1- At the time of delivery the customer shall sign a paper in which are specified the conditions of the vehicle at the moment he receives the keys, being Lencar Canarias not responsible of any omission of the already present damages
5.2- Lencar Canarias S.L. shall not be liable for any delay in delivery of vehicles that is attributable to the supplier or manufacturer.
5.3- The tenant shall maintain the vehicle or shall provide the manteinance in good condition in accordance with legal regulations and the manufacturer’s instructions for use and maintenance. 5.4- The fact that a vehicle can not be used for any reason not attributable to Lencar Canarias SL may not be invoked by the client as a reason for not fulfilling their own payment obligations.
5.5- Lencar Canarias S.L. will be responsible for managing all the normal expenses related to maintenance and repairs including oil changes, lubricating fluids, spare parts and labor in accordance with the manufacturer’s recommended procedures.
5.6- Overall Lencar Canarias S.L. will take care of both those repairs resulting from technical failures or wear and tear resulting from a normal use of the vehicle, and damages that has been caused by accident until these are under the conditions of coverage agreed with the insurance companies.
5.7- Are always excluded all the expenses for washing, waxing, unlabeling, damaged upholstery, key’s or remote control substitution, puncures or blowouts of tyres, vehicle’s body repair and maintenance and fixing of the accessories belonging to the vehicle itself and those given in addition in the contract (GPS, children chair, helmets, locks, etc…)
6.1- The client must request authorization by Lencar Canarias SL before starting any repair, replacement or installation of accessories.
6.2- The damages caused by negligence of the driver, those caused by blows to the underbody or failure following the manufacturer’s instructions will be totally at customer’s charge.
The vehicle is covered by mandatory public-liability and voluntary public-liability insurance, defense, damage claims and occupants insurance according to the contracted insurance. If the vehicle is not returned on the agreed date, the insurance cover will be automatically voided, leaving the vehicle without insurance being the tenant the only responsible for any accident and its reparation costs
8.1-The tenant must inform Lencar Canarias SL within 24 hours of any accident in which the vehicle has been involved, even if the driver was a third person.
- In case of accident the lessee is required to:
- Get the full details of the other party and the details of the incident (mode, place, date, time, etc ….)
- Sign the consequential charge invoice at the request of Lencar Canarias SL or of the insurance company of the vehicle, if they estimate that there is/are culpability/ies of the other party and take part personally in the proceedings generated by the
3.8- The accident report must be sent as soon as possible to the nearest office of Lencar Canarias SL
In addition to those contained in the above conditions, the lessee may not: use or drive the vehicle out of the Canarian territory without express written permission of Lencar Canarias SL, while must give advance notice for travelling between islands; use it for illegal activities; tow another vehicle, teaching or practice driving, use the vehicle out from road or streets considered as such by the traffic code and authorities; take part in races, competitions, making any type of speed or reliability testing, transferring it to a third party not included in the contract; carry more passengers, baggage and/or goods than what is recommended by the manufacturer.
The customer relieves Lencar Canarias S.L. from any liability for fines, penalties and/or claims that might result from any breaches or violations of applicable laws regarding the use and condition of the vehicles, which a third party might claim in relation with the use of the vehicle by the hirer. Should Lencar Canarias S.L. be declared responsible for such violations, the customer will reimburse Lencar Canarias SL the corresponding costs on the first request of the latter.
- Any breach of the conditions agreed in this contract will lead to a full resolution. However, Lencar Canarias SL may also terminate the contract if it considers that there is a possibility that the full amount due for the rent would not be paid or that on the scheduled date the vehicle would not be returned, and also for comunicating a wrong or false address, closure of such address, return of letter/s in case it was agreed a payment in installments, formulation of legal proceedings against the hirer, suspension of payments, bankruptcy, or any other similar circumstances in which both the lessee or the person/s authorized by him migth be involved in. In such cases Lencar Canarias S.L. shall take the necessary measures for the immediate recovery of the vehicle without incurring in liabilities for supposed damages that could be claimed by the lessee or the mentioned third parties and will consider the opportunity to take legal actions against the
- If the hirer decides to return the vehicle before the fixed date, the owner may require a compensation for damages, consisting in the payment of the 30% of remaining amount due. This compensation is also based on Article 124 of the Spanish civil code, about caused damages such as depreciation of the vehicle/s, operating and accounting expenses, costs for the recovery of the vehicle/s, etc.
- Lencar Canarias L. will proceed to the replacement of vehicles in the following cases: damage and/or repairs exceeding 24 hours; Theft of the vehicle after showing proof of not culpability of the hirer and/or of third party/ies authorized by him and copy of the police report, accident.
- Lencar Canarias S.L. is not responsible for the waste of time, economic loss or any other direct or indirect damage caused by the impossibility of proceeding with the replacement of the vehicle. The replacements will always take place in the offices of Lencar Canarias L., and Lencar Canarias S.L. itself will not charge any extra cost, due to the change of vehicle, in turnover’s days billing.
- After 48 hours from the notice of the availability of your original vehicle repaired, if you don’t proceed to change the replacement car with the original one, the replacement will be considered as a new rent, leaving the contract of your original vehicle active and subject to
13. LESSOR’S LIABILITIES
The hirer fully exonerate Lencar Canarias S.L. for direct or indirect damages that could affect the hirer as a result of breakdown or accident of rented vehicle
14. LEGAL REGIME AND PLACE OF JURISDICTION
This contract is governed by the rules agreed here and by Article 1554 and by followings and concurring articles of the Spanish civil code and related to the lease of things, and the parties submit to the jurisdiction of the courts of Las Palmas de GC, renouncing to their own, for any question arising from its application or interpretation
15. DATA PROTECTION
Lencar Canarias S.L. in accordance with the provisions of “Ley Organica 15/1999”, of December 13, about protection of Personal Data, informs you that the data contained in this document will be incorporated into an automated file which is owned by the same company in order to provide the services requested. You agree that your personal data will be used by Lencar Canarias SL to correctly manage the administration between the parties, and also guarantee the reliability of the data provided and commit yourself to send written communication of any modifications occurred to the data provided. The personal information you provide will not be disclosed to third parties. You have the right of opposition, access, correction and cancellation by sending written request to the following e-mail address: [email protected]