Terms

The leasing terms hereby stated are the legal binding conditions with regard to the use of the vehicle provided by Higgs Car Hire &  ( hereafter referred to as ˝VD˝). These terms are made with the contract holder (hereinafter referred to as the client ) during the contract period for rentals.

Condition of the vehicle, fuel,

The client is deemed to have received the vehicle undamaged, unless the client is made aware of vehicle defects in writing during the receipt of the vehicle.

The client will treat the vehicle with special care and will comply with all relevant regulations and technical requirements for use. For long term use the client is expected to monitor engine oil, fluid levels and tyre pressures. The vehicle must at all times remain in good working order, locked and secured when not in use with special care and attention taken with regard to not leaving valuables in the vehicle.

On arrival, the car is filled with fuel. At the end of the rental period the car MUST be returned with a full fuel tank. Please fill the car at the last fuel garage before the drop off.

In the event that the car is not returned full, the fuel needed to refill the car will be charged accordingly with a €20 administration fee.

Documents, authorized drivers, permitted use,

Upon receipt of the contract, the client or driver must be able to show a valid driving license for driving in Spain, as well as an identity card or passport. If the client cannot provide these documents when the vehicle is handed over, HCR will cancel the contract. Claims from the client for non-compliance are excluded in this case. In addition, restrictions apply regarding age. The client / driver must be in possession of a valid driving license for at least 3 years and 30+ years of age.

The vehicle may only be driven by the client and by drivers specified in the contract. The client is responsible for the vehicle at all times and the only contact person for VD.

The vehicle may only be used on public roads.

The vehicle may not be used in any case:

• for motor sport purposes, for vehicle tests or safety training,
• for commercial passenger transport, for renting to others,
• to commit crimes, even if they are only punishable under local law,
• for the transport of flammable, toxic or otherwise hazardous substances.

For insurance purposes the vehicle may only be used on Spain’s mainland and must not be taken outside of this area without exclusive permission granted from VD.

The client agrees that the rental agreement of VD is generally sent in electronic form to the specified recipient to the specified email address. Which is printed by the client and shown to VD on request. The contract also serves as a rental agreement and must be demonstrable during traffic controls during vehicle use.

Liability of the contractor, deductible, insurance, exclusions,

In the event of damage to the vehicle, loss of the vehicle or non-compliance with any provision of the contract, the client is initially liable in accordance with the general liability rules. In particular, the client must return the vehicle in the condition in which it was first received. The client is liable for all damage suffered by VD as a result of any event during the rental period as well as all damage which is in any way related to the rental of the vehicle, with due observance of the following.

All vehicles rented by VD  are automatically insured against liability.  The amount of the deductible per claim is agreed in the rental agreement. The insurance for the vehicle is a civil liability insurance with a maximum coverage in the event of personal injury of 5.6 million euros and property damage of 2.5 million euros and is limited to Spain.

The client is fully liable for violations of traffic and administrative regulations, sanctions, fines and other consequences of measures related to the use of the vehicle, including violations of regulations as well as for all damage to property caused by the client or a third party the client has entrusted the vehicle. The client indemnifies VD and at his first request indemnifies him for all fines and fees and other costs that authorities or other authorities impose on VD in this regard. For which also €20 administration costs will be charged.

It is not permitted to leave the vehicle on public roads with the car keys in the ignition, in the event of theft the client is entirely responsible for the vehicle and the costs arising from it. The client  must also inform SCR immediately so that further measures can be taken.

VD is not responsible for leaving personal property in the car at the end of a rental period. In case of incorrect fuel in the car, loss of the audio equipment, tires or wheels, the repair and replacement costs will be charged to the client including administration costs.

The loss of car keys also falls within the limits of the deductible. The costs for replacement and handling are € 300. You must inform HCH so that the measures can be taken.

Accidents, theft, damage, notification obligation, duties

After an accident, theft, fire or other damage, the client / driver must immediately inform VD and the police and engage them; if the police cannot be reached by telephone, you must personally report the damage to the nearest police station. This also applies if the rental vehicle was slightly damaged and, in the event, that the accident is due to the driver and without the involvement of third parties. The client will refrain from any form of acknowledgement of debt. The client may never leave the vehicle with the car keys in the ignition switch.

The client and the drivers must take all measures that are useful and conducive to clarifying the damage incident. This means in particular that they must answer VD questions about the circumstances of the claim truthfully and in full and must not leave the scene of the accident before the requirement and the findings that are particularly important to SCR for assessing the claim. can be established, responsibly. without making it impossible for VD to determine it.

Liability of  Vista Drive,

Any liability of VD is limited to direct damage and to damage resulting from the intent or gross negligence of the lessor's management. Other liability, including liability for damage causing death or personal injury, or damage caused by employees, representatives or subcontractors of VD is excluded. Only if and to the extent, that the foregoing exclusion of liability is legally permitted, VD liability is limited to direct damage of at most the amount of the lease in the month in which and in connection with which the claim occurred.

VD is not liable for the items that are left behind when returned to the rental location; this does not apply in the event of intent or gross negligence on the part of the lessor or his managers.

Returning the vehicle,

The client is obliged to return the vehicle to VD  at the agreed place upon expiry of the contract.

If the client does not return the vehicle to VD  at the expiry of the agreed rental period, even beyond the immutability of the client, VD has the right to take back the vehicle and, in addition, to claim payment of at least the previously agreed rental price as compensation for the use of the vehicle for the duration of the non-return, without prejudice to the other rights of HCH, including the right to compensation.

Cancellation,

The parties have the right to terminate the contract in accordance with the legal provisions. In addition, VD can immediately terminate the contract for serious offences. The following applies in any case as a serious offence:

• Law enforcement measures directed against the client,
• Improper and unlawful use,
• Disregard for the rules for the use of motor vehicles in road transport,
• The unacceptability of the continuation of the contract, for example as a result of extreme negligence on the client’s behalf.
• If for any reason the reservation is cancelled within 7 days of travel, an €80 administration fee is deductible from the amount returned to the hirer in order to cover the reservation and preparation costs of the vehicle.

VD has the right to terminate the contract if the client is deemed to be neglecting the vehicle. This includes :-

• intentionally damaging a rental vehicle;
• deliberately withholding information regarding to vehicle damage
• The rental vehicle being used for, or when intentionally committing criminal offences.

 If VD terminates the contract, the client is obliged to immediately return the vehicle including the vehicle documents, all accessories and all car keys to VD. VD is not liable for damage or costs incurred by the client or a driver as a result of termination, cancellation or termination of the contract.  Any termination or dissolution of the client  agreement (s) by VD does not affect his other rights, including the right to claim full compensation.

Data protection

VD  is the responsible authority for the application of data protection legislation. The personal data of the client is collected, processed and used by VD for drawing up, executing or terminating the agreement, and making a declaration in case of suspicion of embezzlement or theft. Use for advertising purposes is solely for self-promotion purposes (including recommendations). Transfer to other third parties only happens when this is necessary for making a report to the police or for the execution of the agreement, for example to the tenant's credit card company for billing purposes. Any other use requires legal permission or consent. The client also has the right to inspect the processing of his personal data by VD. If there is reason to do so, he also has the right to correct or delete such personal data.

General provisions

Settlement with claims from VD  is only possible with undisputed or legally established claims from the client. If a provision or part of a provision is invalid or for any other reason invalid, then the remaining provisions or the valid part of a provision remain in full force. Instead of the invalid part, the parties will set a valid (partial) provision that approximates the scope of the invalid part as closely as possible. All rights and obligations under this agreement are granted for the benefit and the expense of the client. The applicable legal provisions apply to matters not covered by this agreement. This also applies to ambiguities that arise from this agreement.

Excess in the event of damage or accidents

Excess is €400.

For cars less than 10 years old, the excess is €1000

ONLY Spanish law is relevant to any circumstances that may arise as a result of the terms and conditions stated herewith.