GENERAL RENTAL CONDITIONS
ANEM, (herein referred to as the «owner») has rented to the person/s in the following contract identified as the driver/s and/or payor/s (herein referred to as the «hirer») the vehicle referred to in the contract (herein referred to as the “vehicle»), in accordance with the terms and conditions contained herein, and in relation to the posted current general rates, (a copy of which is available to the hirer at the ANEM office) and with the price agreed upon in the rental contract, according to the selected rate.
ARTICLE 1: Use of the Vehicle
1.1 The hirer promises to use the vehicle in accordance with the local driving laws, and in accordance with the specifications of use of the type of vehicle.
1.2 The hirer promises NOT to use the vehicle and/or NOT to let it be used as follows:
1. as paid passenger transport;
2. to push or to tow anything;
3. to take part in competitions of an sort, legal or illegal; or to use the vehicle in performance or resistance tests of the vehicle, materials, or accessories (except with the expressed authorization of the owner);
4. to drive the vehicle under the influence of alcohol or any type of narcotic substance;
5. to transport illegal goods that infringe upon the law or any legal provisions in force, or for illegal ends;
6. to transport passengers of a number exceeding the authorized and stated limits in the circulation permit and/or vehicle inspection card;
7. to transport goods of a weight, quantity and/or volume exceeding the limits authorized in the circulation permit and/or vehicle inspection card;
8. to transport flammable, dangerous, toxic, harmful or radioactive goods;
9. for the transport of live animals (with the exception of pet/s whose prior authorization has been given by the owner);
10. to use a roof rack, luggage rack or similar equipment which has not been supplied by the owner.
1.3 The hirer is obligated to safely distribute and secure all transported goods.
1.4 Only the person/s identified and authorized by the owner in the rental contract are permitted to drive the vehicle, and on the condition that the authorized driver/s are at least 23 years old or 25 years old, depending on the vehicle type, and are in possession of a valid driver’s license and have been licensed to drive vehicles of the indicated type for at least one consecutive year.
1.5 The hirer agrees to keep the vehicle closed and locked when not in use and to maintain the vehicle documents inside.
1.6 The hirer is expressly forbidden to cede, rent, mortgage, pledge, sell, or give in any way guarantee the vehicle, rental contract, keys, documentation, equipment, tools and/or accessories of the vehicle, and/or any part or component of the said vehicle.
1.7 The hirer is obligated to stop the vehicle as soon as possible if and when any of the warning lights on the instrument panel illuminate indicating a malfunction in the operation of the vehicle. In these circumstances, the hirer must contact the owner or the roadside assistance service indicated by the owner. Charges incurred through the use of a different roadside assistance service other than the one indicated by the owner will only be accepted in the case of emergency and when the owner has expressly authorized them.
1.8 Use of the vehicle is permitted only within continental Europe and is prohibited for islands pertaining to the following countries: Germany, Andorra, Austria, Belgium, Denmark, Spain, Finland, France, Holland, Italy, Liechtenstein, Luxembourg, Monaco, Norway, Portugal, San Marino and Vatican.
1.9 The vehicle is not allowed aboard any type of boat, train, truck or plane (unless expressly authorized in writing by the owner).
1.10 In the case of losses of any nature that the owner may incur as a result of a serious breach of the conditions listed in this article and/or by use other than that agreed upon by the hirer, the owner is authorized to seize the vehicle from the hirer, invoice and collect payment for said damages, after giving written notice to the hirer 1 day in advance. The criteria reflected in article 4.1 (b of the present general conditions) will be used for the calculation of the amount justified for the recovery of such damages.
ARTICLE 2: State of the Vehicle
2.1 The owner will delivery the vehicle to the hirer in good condition, clean both inside and out and having been inspected and passed all the tests of the features by the owner; and with all of the tires (including the spare) in good condition. In case of deterioration or loss of any of the tires, the hirer must replace the tire/s immediately for a tire/s of identical characteristics and the same brand and model, except in the case of damage or loss as a result of a traffic accident, in which case, the provisions of article 6 of the present general conditions will be apply.
2.2 The hirer is prohibited from changing any technical characteristic of the vehicle, including the keys, equipment, hardware and/or accessories of the vehicle, as well as to carry out any modifications of its exterior and/or interior (except in the case of written authorization on the part of the owner).
ARTICLE 3: Price, duration and extension of the rental
3.1 The rental price is as indicated in the rental contract and is in accordance with the posted current general rate (in regards to services, taxes, insurance and optional exemptions) and the price is agreed to by the hirer at the time of the rental and in accordance with the chosen rate.
3.2 The rental price includes the obligatory automobile insurance costs as well as compulsory civil liability insurance. This price does not include the cost of additional coverage or optional exemptions as regulated in article 6 of these general conditions. Additional coverage or exemptions may be purchased by the hirer, in which case the prices charged to the hirer for such additional coverage will be added to the total rental price.
3.3 The duration of the rental will be that which is agreed upon in the contract and will be invoiced on the basis of periods of 24 hours, starting from the time that the agreement has been formalized. The owner provides as a courtesy an additional 59 minutes at the end of the rental period but if and when it is surpassed, will result in the billing of an additional day’s rental.
3.4 In the case of an extension of the rental contract as agreed upon by both the owner and the hirer in the contract or by returning the vehicle outside the rental period for any reason, applicable prices will be applied as indicated in the posted general rate.
3.5 Under no circumstances may the deposit paid at the beginning of the rental be used to cover the costs of an extension of the contract. In the event that the hirer would like to keep the vehicle for longer than the initially agreed upon period, the hirer must obtain prior consent of the owner and immediately pay the amount of the additional deposit for such extension.
3.6 The hirer agrees to return the vehicle to the owner on the date and estimated time and place agreed upon in the contract. The return of the vehicle to a different location from the one agreed upon in the contract may involve additional charges, as noted in the contract and according to the current rate. The service is only deemed complete once the vehicle and the keys have been delivered to the owner, which must be during office hours.
ARTICLE 4: Payment
4.1 The hirer agrees to pay the owner:
a) the amount resultant from the application of the posted current general rate and the initial price agreed upon in the rental contract corresponding to the duration of the rental, insurance, optional exemptions, additional equipment and complementary services, and according to the stipulated conditions, as well as the taxes and applicable fees.
b) the amount of damage and/or charges wholly or partially incurred to the vehicle and which are not covered by the deductible contracted by the hirer, in accordance with article 6 of the present general conditions, or as well when an exemption has not been contracted; and compensation in lieu of the unavailability of the vehicle while being repaired, estimated according to the number of days required to repair the vehicle according to the corresponding invoice and calculating one day for every eight hours of work. To calculate this amount, the daily rate of the vehicle will be used. The hirer’s maximum liability is the market value of the vehicle, according to the maximum price established in the Statistical Bulletin of the National Association of Vehicle Sellers (Guide Ganvan) referenced at the time of the incident.
c) the amount required for the repair of the vehicle due to damage caused by the use of inappropriate fuel, contrary to that stated in article 8 of these general conditions. The calculation of this amount will be held in accordance with subparagraph (b) above.
d) the quantity corresponding to any fines for infractions of the current and applicable laws, especially to those relative to the Code of Circulation, in which the hirer could incur in the use of the vehicle, as well as you charges correspondent to any delays in the payment on the part of the hirer and the judicial or extrajudicial expenses which the owner may have incurred as a result of the previous said infractions.
4.2 All of the payments outlined above in article 4.1 must be made by credit card.
ARTICLE 5: Vehicle Insurance
5.1 The rental rates include the mandatory automobile insurance coverage as well as the complementary civil liability coverage for any damages to third parties arising from the use/circulation of the vehicle.
5.2 This coverage is guaranteed and assumed by the insurer with which the owner has contracted the corresponding insurance policy; and is subject to what is contracted as well as regulated by current legislation.
5.3 By signing the rental agreement the hirer becomes the insured in the above-mentioned policy, of which there is a copy that can be consulted at the ANEM central office.
5.4 This policy does not cover damage or loss to luggage, goods or personal items transported in the vehicle, nor the total loss or damage incurred in the case of vandalism, theft or traffic accident.
5.5 In relation to the rental vehicle, rates include CDW (Collision Damage Waiver): partial exemption from liability for damages caused to the vehicle in case of accident. The CDW is an optional service provided directly by the owner, which exempts the hirer, by their acceptance of the contract, of the financial responsibility with the exception of a small amount (deductible). Excluded is damage caused by vandalism. To qualify for the exemption, the hirer must correctly complete the accident report and present it at the rental office within 48 hours, in which must include the details of the vehicles and drivers involved in the accident. Not purchasing the CDW implies the financial responsibility of the hirer for damages caused to the vehicle and the compensation for the unavailability of the same, in accordance with provisions of section 4.1b of the present general conditions.
ARTICLE 6: Optional Exemptions
6.1 CDW Exemption Specifications
a) The posted current general rate sets the amount charged to the hirer (deductible), for damages and/or losses caused to the vehicle, which is not covered by the CDW.
b) Under no circumstances does the CDW cover any damage caused to the vehicle’s chassis, wheels or tires, whatever its category, when they occur as a result of overloading the vehicle beyond the limits authorized in the circulation permit and/or technical sheet of the vehicle or by driving it through sites such as beaches, undeveloped roads, forest roads, mountains etc. that are not authorized and paved roads, damages caused by stones, other objects or bumps in the road; and damage incurred to the wheels and/or tires by curb collisions while parking.
c) the CDW coverage shall not apply in case of breach of any of the conditions listed in article 1 of the present general conditions.
6.2 DW (Deductible Waiver)
The Deductible Waiver is an optional service provided directly by the owner, which when purchased exempts the hirer of the payment of the amount (deductible) responsible for damage and/or loss caused to the vehicle. If CDW is not purchased, or does not meet the requirements specified in paragraphs 5.5 and 6.1, the DW is not applicable.
ARTICLE 7: Maintenance and Repairs
7.1 Normal wear and tear resulting from the use of the vehicle is assumed by the owner. In the event that the vehicle is immobilized by mechanical breakdown, the hirer should contact the owner or the roadside service company contracted by the owner. Charges will only be accepted by the contracted roadside assistance company, or in emergency situations, when the owner has expressly authorized them.
7.2 The hirer must periodically check and replace, if required, engine fluids every 1,000 kms. In case of fluid replacement the hirer must submit the invoice and the amount will be deducted from the final price of the rental.
7.3 The hirer is under no circumstances entitled to order the repair of the vehicle, except with the expressed authorization of the owner.
ARTICLE 8: Fuel
8.1 The fuel used by the vehicle during the rental period is the responsibility of the hirer.
8.2 The hirer shall refuel the vehicle with the type of fuel specified for the vehicle. In the case of damages to the vehicle as the result of the use of incorrect fuel, the hirer will be responsible for all expenses incurred in the towing and/or repair of the vehicle.
8.3 The hirer must return the car with the same fuel level as at the time of the rental. If the level is less than what it was at the time of the rental, the hirer will be charged for the refueling.
ARTICLE 9: Applicable Law and Jurisdiction
9.1 This agreement shall be governed by and construed in accordance with the laws of this country.
9.2. Any issues which may arise at the signing of this contract between the owner and the hirer are within the jurisdiction of the courts and tribunals of the city where it was signed, to which both parties submit.