Lessor:
Car4Rent Malaga, Carr. Carril de Guetaria 77, Churriana, 29004 Málaga, Spain;
NIF: ESY9444517H
Definitions:
Lessor – an entity conducting business activity in the field of motor vehicle
rental within the territory of the Kingdom of Spain, being a party to the
Vehicle Rental Agreement.
Lessee – a natural person or a legal entity who enters into the Vehicle Rental
Agreement with the Lessor and who, by signing it, confirms that they have read
these General Terms and Conditions of Rental and assumes full responsibility
for the Vehicle entrusted to them for use.
Vehicle – a passenger car or another motor vehicle constituting the subject of
the rental, specified in detail in the Rental Agreement.
Agreement – the vehicle rental agreement concluded between the Lessor and the
Lessee, together with these General Terms and Conditions of Rental.
Parties – the Lessor and the Lessee.
Driver – a person indicated in the Agreement by the Lessee, authorized to drive
the Vehicle during the term of the Agreement.
1. This Vehicle Rental Agreement together with the General Terms and Conditions of Rental applies in full within the territory of the Kingdom of Spain.
2.
The Agreement is
governed by the laws in force in the Kingdom of Spain, in particular:
a) provisions of civil law,
b) provisions of road traffic law,
c) administrative regulations concerning road traffic and driver liability,
d) regulations governing civil liability and motor insurance.
3. In the event of any conflict between the provisions of this Agreement and mandatory provisions of the law of the Kingdom of Spain, Spanish law shall prevail.
1. Driving licenses issued in the member states of the European Union are accepted. An international driving license is not required, provided that the driving license was issued by an EU country and is valid.
2.
Each Driver:
a) must be at least 25 years of age,
b) must hold a valid driving license for a minimum of 2 years.
3.
The Lessee and the
Driver are required to present upon delivery of the Vehicle:
a) a valid driving license,
b) an identity document (identity card or passport).
1. The Lessee is obliged to settle all fees related to the rental of the Vehicle at the time of its delivery. The rental fee is collected by an employee and may be paid by Visa/Mastercard payment card or in cash.
2. In the event of shortening the rental period resulting from the Agreement, the funds are non-refundable.
3. The return of the deposit does not constitute a waiver by the Lessor of any claims to which it is entitled.
4. In the event of an extension of the rental with the consent of the Lessor, the rate is calculated based on the arithmetic average of the rate resulting from the Agreement.
5. The Lessor has the right to charge a reservation fee. Standard rental prices in Málaga start from approximately €30.00 per day, which may also apply when making a reservation with the Lessor.
6. The Lessor has the right to charge a reservation fee amounting to 10% of the reservation value for Minivan, BUS, and Premium classes. The reservation fee is non-refundable in the event of cancellation of the reservation due to the fault of the Lessee.
1. The Vehicle may not be used:
• for the transport of persons or goods for profit,
• for subleasing or further lending,
• for towing other vehicles, trailers, or other objects,
• in races, rallies, speed tests, or competitions,
• by persons under the influence of alcohol, drugs, medications, or other substances affecting the ability to drive.
2. The Vehicle may be used exclusively by Drivers indicated in the Agreement and with the explicit consent of the Lessor.
3. Adding an additional Driver during the term of the Agreement requires prior consent of the Lessor. In order to obtain consent, the Lessee is obliged to notify by phone (+34 695 715 325) and to provide electronically scans of the additional Driver’s documents, i.e. an identity card or passport and a driving license. Consent for driving the Vehicle by a person not originally indicated in the Agreement is granted by email after sending the required documents to the email address: car4rentmalaga@gmail.com.
1. The rental period of the Vehicle is strictly specified in the Agreement.
2. Extending the rental period by each commenced hour results in the charging of an additional fee in accordance with the Lessor’s applicable price list.
3. The Agreement clearly specifies the type and brand of the Vehicle, as well as the total cost that the Lessee is obliged to bear for the rental.
4. The rental period may be extended only with the prior consent of the Lessor, following prior contact by the Lessee via email or telephone (car4rentmalaga@gmail.com, +34 695 715 325), no later than 24 hours before the expiry of the rental period specified in the Agreement, provided that payment for the additional rental period is made in advance.
5. Any exceeding of the rental period without the prior consent of the Lessor shall be treated as unauthorized use of the Vehicle and shall result in the charging of additional fees constituting remuneration corresponding to the Lessor’s lost profits.
6. In the event of failure to return the Vehicle and lack of contact with the Lessee for a period of 12 hours after the termination of the Agreement, the Lessor has the right to report the matter to the competent authorities in the territory of the Kingdom of Spain as a suspicion of committing a prohibited act. The fee for initiating the reporting procedure is specified in the Additional Fees.
7. In the event of failure to return the Vehicle within the period specified in the Agreement or within the period agreed in accordance with section 4 above, the Lessee is obliged to pay the Lessor remuneration for unauthorized use of the Vehicle in the amount of EUR 250 (two hundred fifty euros) for each commenced day and bears full financial responsibility for any damage, malfunction, or loss of the Vehicle arising during this period.
1. The Lessee is obliged to comply with the road traffic regulations in force in the country in which the Vehicle is used. Ignorance of the regulations does not release the Lessee from civil or criminal liability.
2. The Lessee receives the Vehicle in proper working order, in a condition allowing for its correct operation, and undertakes to use it with due care and to return the Vehicle in an undeteriorated condition, taking into account normal wear and tear.
3. The Lessee bears in full the costs of purchasing consumables, in particular: windshield washer fluid, bulbs, tire repairs, and other consumable elements not resulting from normal wear and tear.
4. The Lessee receives the Vehicle clean. Upon return, the Lessee is obliged to return the Vehicle clean and dry. In the event of returning the Vehicle in a dirty condition, a fee will be charged in accordance with the Additional Fees.
5.
The Lessee or the
Driver is obliged in particular to:
a) secure the Vehicle against theft, including locking the Vehicle each time
and activating all anti-theft devices,
b) properly secure documents and keys outside the Vehicle,
c) perform daily maintenance of the Vehicle at their own expense, in particular
checking and topping up engine oil, coolant, brake fluid, windshield washer
fluid, checking the condition of the tires, tire pressure, and the efficiency
of the lighting,
d) use fuel compliant with the engine specification specified in the Vehicle’s
registration certificate.
6. Smoking of tobacco products and consumption of alcohol are strictly prohibited in the Vehicles.
7. In the event of returning the Vehicle in a condition preventing a thorough inspection, the Lessor has the right, after washing the Vehicle, to charge the Lessee for the costs of revealed damages in accordance with the Additional Fees.
8. The Lessor reserves the right to provide the Lessee’s or Driver’s data to competent authorities authorized in the territory of the Kingdom of Spain, in particular the Police (Policía Nacional), Guardia Civil, Local Police (Policía Local), and other public administration bodies, solely to the extent required by applicable law.
9. In the case of long-term agreements, detailed conditions and the payment schedule are specified in an appendix to the Agreement.
10. The Lessee is informed of the installation of a GPS tracking device in the Vehicle, the purpose of which is to protect the Lessor’s property and ensure the safety of the Vehicle, and gives consent thereto.
1. Traveling with the Vehicle outside the borders of the Kingdom of Spain and Andalucia requires the prior consent of the Lessor, expressed in written or electronic form, and—if necessary—the purchase of additional insurance, the cost of which is borne entirely by the Lessee.
2. Unlimited mileage applies exclusively when the vehicle is used within Andalusia.
Driving outside the borders of Andalusia is permitted only after obtaining the prior consent of the Lessor and upon payment of an additional fee in accordance with the Lessor’s current price list. Failure to obtain the Lessor’s consent for driving outside Andalusia constitutes a breach of the rental agreement and may result in the application of fees or penalties provided for in these Terms and Conditions.
3. Travel to regions affected by armed conflict, politically unstable regions, or those recognized as dangerous is prohibited, as well as travel to the following countries: Russia, Belarus, Ukraine, Turkey, Serbia, Montenegro, Bosnia and Herzegovina, Albania, and Moldova.
4. The Lessor ensures that the Vehicle is equipped in accordance with the applicable laws of the Kingdom of Spain. In the event of travel outside Spain, the Lessee is obliged to equip the Vehicle, at their own expense, in accordance with the laws of the country in whose territory the Vehicle will be used.
5.
Consent for
foreign travel is granted according to the following zones:
Zone I: Portugal, Gibraltar
1. The Lessor declares that the Vehicle is covered by mandatory third-party liability insurance (OC) and accident insurance (NNW), valid within the territory of the Kingdom of Spain and other countries to which the travel restrictions specified in this Rental Agreement do not apply.
2. Insurance coverage applies exclusively to persons authorized to drive the Vehicle, indicated in the Agreement or accepted by the Lessor, and applies solely within the scope and under the terms specified in the relevant insurance policy.
1. In the event that the rented Vehicle is immobilized for reasons beyond the control of the Lessee, the Lessor shall, subject to availability, provide the Lessee with a replacement vehicle not exceeding segment B for the duration of the repair. If the waiting time for the replacement vehicle exceeds 24 hours, the Lessee shall not be obliged to pay the rental fee for the waiting period.
2. The provision of a replacement vehicle shall not apply in the event that the immobilization of the Vehicle results from:
• loss of the registration certificate, insurance documents, or vehicle keys,
• damage to the Vehicle caused by the fault of the Lessee, the Driver, or a person not authorized to drive the Vehicle,
• immobilization of the Vehicle outside the territory of the Kingdom of Spain,
• acts of vandalism, unless they have been immediately reported to the competent services and to the Lessor.
1. The Lessor declares that each Vehicle is covered by mandatory third-party liability insurance (OC) required by the laws of the Kingdom of Spain.
2. Third-party liability insurance is included in the rental price of the Vehicle and does not involve additional charges for the Lessee. Such insurance applies exclusively to persons authorized to drive the Vehicle, indicated in the Agreement or accepted by the Lessor, and is valid in accordance with the terms of the relevant insurance policy.
3. Plus Insurance constitutes an extension of the basic third-party liability coverage and results in a reduction of the Lessee’s deductible in the event of damage or theft to the amount specified in the Agreement.
4. The use of Plus Insurance is subject to the Lessee’s obligation to pay an additional fee in accordance with the Lessor’s current price list.
5. Plus Insurance does NOT cover, in particular:
• damage to windows, tires, and rims,
• damage to the interior of the Vehicle,
• missing or damaged elements of the Vehicle’s equipment.
6. Full Insurance covers the complete waiver of the Lessee’s deductible in the event of damage to or theft of the Vehicle, subject to the exclusions specified in sections 10 and 11 below.
7. Full Insurance requires payment of an additional fee in accordance with the rate applicable on the date of conclusion of the Rental Agreement.
8. Insurance coverage, regardless of the selected option, does not apply in the event of:
• gross negligence or intentional actions of the Lessee or the Driver,
• breach of the provisions of the Agreement,
• violation of legal regulations or insurance conditions,
• driving the Vehicle by an unauthorized person.
9. Full Insurance does not cover, in particular:
• loss, damage, or destruction of the Vehicle keys,
• damage resulting from refueling with an incorrect type of fuel,
• damage to the interior of the Vehicle, including burn marks,
• permanent staining of the upholstery or destruction of equipment.
10. Replacement vehicle – In the event that a replacement vehicle is provided to the Lessee, the protection resulting from Plus Insurance and Full Insurance shall transfer to the Lessee and shall also cover the replacement vehicle, under the same terms as those applicable to the originally rented vehicle.
1. In the event of a road accident (both involving damage to the Vehicle and without such damage), collision, theft, or damage to the Vehicle in any other manner, the Lessee or the person driving the Vehicle is obliged to immediately notify the competent authorities in the territory of the Kingdom of Spain, in particular the Police (Policía Nacional, Guardia Civil, or Policía Local), and to obtain an appropriate report or confirmation of the incident.
2. Any accident, collision, damage, loss, or theft of the Vehicle must be immediately reported to the Lessor by email at car4rentmalaga@gmail.com or by phone at +34 695 715 325. Under no circumstances are the Lessee or the Driver authorized to acknowledge third-party claims, enter into settlements, or make any payments without the prior consent of the Lessor.
3.
The Lessee is
obliged to fully cooperate with the Lessor and its insurer in connection with
the incident, in particular by:
a) immediately completing and submitting the accident or collision report form,
b) providing full details of the participants and witnesses of the incident,
together with a detailed description of the circumstances of the accident or
damage,
c) not leaving the Vehicle unattended or without proper protection against
further damage or theft,
d) where the damage was caused by a third party – taking all necessary actions
to establish their identity and secure evidence relevant to determining the
perpetrator’s liability.
4. In the event of a breach by the Lessee or the Driver of any of the obligations specified in this section, the Lessee shall bear full financial responsibility for any damage caused to the Lessor or third parties, regardless of the scope of insurance coverage held, including in the case of purchasing Plus Insurance or Full Insurance.
1. The Lessor shall not be liable for personal belongings transported, left, or lost in the Vehicle by the Lessee, the Driver, or third parties, regardless of the cause of their loss.
2. The Lessor shall not be liable for any fines, penalties, administrative fees, road tolls, or other charges imposed on the Lessee or the Driver in connection with the use of the Vehicle during the rental period.
3. The Lessor shall not be liable to third parties for any compensation claims arising from damage caused by the Lessee, the Driver, or third parties using the Vehicle during the rental period, subject to liability resulting from the mandatory third-party liability insurance referred to in this Agreement.
1.
The Lessee bears
full financial responsibility for any damage arising in the rented Vehicle,
regardless of the scope of insurance coverage held, in particular in the event
of:
a) intentional actions or gross negligence of the Lessee or the Driver,
b) damage to the interior of the Vehicle, including upholstery and equipment
elements, as well as damage to tires, rims, wipers, antenna, or the occurrence
of permanent stains,
c) driving the Vehicle while intoxicated, under the influence of drugs or other
intoxicating substances, as well as driving the Vehicle without the required
driving authorizations,
d) failure to return the registration certificate, insurance documents, or
vehicle keys after theft of the Vehicle,
e) leaving the scene of an accident or collision without notifying the
competent services,
f) traveling with the Vehicle outside the borders of the Kingdom of Spain
without the prior consent of the Lessor, including covering all costs related
to recovering the Vehicle in the event of breakdown, damage, or theft,
g) refusal of compensation payment by the insurer due to reasons attributable
to the Lessee or the Driver,
h) failure to provide a detailed description of the circumstances of the damage
or failure to deliver documents required by the Lessor or the insurer.
2. Lack of fuel upon return of the Vehicle – €20 + €2 for each missing liter of fuel.
3. Delay in returning the Vehicle – a fee of €250 for each commenced day of delay.
4. Traveling or attempting to travel with the Vehicle outside the borders of the Kingdom of Spain or outside the Andalusia region without the consent of the Lessor – €1,500.
5. Absence, loss, or damage of Vehicle equipment elements not listed in the price list – a fee in accordance with the manufacturer’s price list or an authorized service center.
6. Transporting animals in the Vehicle without the consent of the Lessor – €200.
7. Smoking tobacco products or e-cigarettes in the Vehicle – €150.
8. Damage to the interior of the Vehicle or its elements (upholstery, plastics, headliner, odors) – up to €1,500 or according to repair costs based on the manufacturer’s price list.
9. Making the Vehicle available to an unauthorized person – €1,000.
10. Loss of the registration certificate, insurance documents, or license plate – €150 for each missing element.
11. Loss or absence of vehicle keys – €300. Serious damage to the Vehicle where the repair cost amounts to at least €30,000 (valuation according to the EUROTAX system by an authorized service of the given brand) – €3,000.
12. Total loss of the Vehicle (repair cost exceeds 70% of the Vehicle’s value on the date of the damage, according to EUROTAX) – €8,000.
13. Refueling with an incorrect type of fuel – €500 + actual repair costs.
14. Dismantling Vehicle parts or making modifications without the consent of the Lessor – €700 + the cost of restoring the Vehicle to its original condition at an authorized service center.
15. Absence or damage of a standard Vehicle equipment element (for each element) – €100.
16. Damage to or loss of additional equipment (GPS, child seat, snow chains, roof rails, roof box) – full cost of restoring the equipment.
17. Return of the Vehicle excessively dirty (requiring washing or specialist cleaning) – €100.
18. Return of the Vehicle with permanent stains or unpleasant odor – €100–€250 depending on the scope of cleaning.
19. Administrative fee for initiating the procedure of reporting misappropriation of the Vehicle – €500.
20. Administrative fee for handling fines, road charges, or inquiries from administrative authorities – €5 + the actual cost of the fine or charge.
FROM 29.50 EURO / DAY
FROM 33.00 EURO / DAY
FROM 37.00 EURO / DAY
FROM 40.00 EURO / DAY
Contact phone number/Whatsapp:
E-mail:
Opening hours:
