It is important that you read and understand the entire contract before signing it. By signing you are agreeing to the terms and conditions of each and every page of the contract. The car rental company without driver (“Lessor”) identified in the contract described above, and the individual(s) appearing as contracting parties in their capacity as driver(s) and/or payer(s), on their own behalf and/or on behalf of the company also identified in said contract as Joint and Several Lessees (“the Lessee”), agree to rent the vehicle identified in the contract (“the Vehicle”), in accordance with the conditions contained in the aforementioned contract, in this document annexed to the same, and in the general rate in force, published both at the Rental Office and on the web site www.furgospaco.es and/or www.pacocars.es This agreement is governed by the terms and conditions set forth herein. The Lessee declares to have read and understood these conditions and accepts with his signature the terms and conditions of the present contract. The Renter receives the Vehicle for rental in roadworthy condition and suitable for rental at the beginning of the contractual relationship and undertakes to keep and drive it in accordance with the rules of the Highway Code and of the country in which it is being driven. Together with the vehicle, a certified copy of the original documentation of the vehicle or proof of agency, the rental contract with its terms and conditions, and a set of keys will be delivered.
- Use of the Vehicle:
Renter is obliged to keep the Vehicle until delivery and receipt of the same with the diligence required by Article 1904 of the current Spanish Civil Code, and to always carry his copy of the current rental contract on board the Vehicle. Likewise, he/she undertakes to use and drive it in compliance with the rules of the Highway Code in force in the place and at the time the service is rendered and in accordance with the specifications of use of the type of vehicle rented. The Vehicle may only be used on public roads, and is expressly prohibited:
- Driving the Vehicle by persons not authorized on the front.
- Use of the Vehicle by a person who does not have a valid driver’s license and is not authorized to drive in Spanish territory, and for the type of vehicle rented, even if his or her data is stated as an authorized driver in the contract, or by any person under 19 years of age.
- Transporting persons or merchandise, when this implies the subleasing of the Vehicle.
- Transporting persons or goods without having obtained the administrative authorization required by law. It is forbidden to transport goods that require special conditions according to legislation and for which the rented vehicle is not prepared, such as ATP, ADR, etc. In the event of non-compliance, the Lessee shall be liable for any penalties that the Administration may impose on the Lessor.
- Driving the Vehicle in inferior physical conditions, due to alcohol, drugs, fatigue or illness.
- Use the Vehicle to push or tow other vehicles including trailers, unless authorized by the Lessor.
- To participate with the Vehicle in races, sporting contests, reliability tests or challenges of any nature or to teach driving.
- Unsealing or tampering with the Vehicle’s odometer, and must immediately notify the Lessor of any damage thereto.
- Transit outside the national road network or drive off paved roads. Any loss occurring for this reason shall be for the sole account of the Tenant.
- Failure to stop the Vehicle as soon as possible when any warning light or alarm indicating an anomaly in its operation lights up or sounds or is detected by the Renter, and in such cases the Renter must immediately contact the Lessor so that the latter may make the necessary arrangements or contact the assistance company of the Vehicle’s insurance. No repair or assistance will be paid for without prior authorization from the Lessor.
- To drive the Vehicle to another country without having informed the Lessor and obtained his express authorization to do so at the time of formalizing the contract or, subsequently, without the Lessor’s consent by any means and without the Lessor’s consent being recorded. Transfers between islands, and to Ceuta and Melilla are prohibited.
- Extreme or demanding sporty driving that is reflected in the control mechanisms with which the car is equipped or that causes premature and abnormal wear of the vehicle’s elements that does not correspond to the kilometers driven and that originate from an excess of demand by the Renter.
- Vary any technical characteristics of the Vehicle, keys, equipment, tools and/or accessories of the Vehicle.
- Mortgaging, assigning, leasing, renting, pledging, selling or pledging as collateral: the Vehicle, the rental agreement, the keys, the documentation, the equipment, the tools and/or the accessories of the Vehicle and/or any part or piece of the Vehicle.
- Transporting children under three years of age or persons over three years of age who do not exceed a height of 135 centimeters without using the corresponding approved restraint device in accordance with the weight and size of the child or person who must use it.
- Only the Lessor has the right and the responsibility to repair the Vehicle and its accessories and unless expressly authorized by the Lessor, repairs by the Lessee or a third party are prohibited.
2.- Responsibility and care of the vehicle:
The Lessee shall:
- Inspect the Vehicle before taking possession of it.
- Have the vehicle properly parked and guarded when not in use.
- Maintain it as required by the geographical situation in which the vehicle is located.
- Stop using the Vehicle and contact the Lessor immediately in the event of any fault or breakdown detected.
- Check that you have not left any belongings in the Vehicle before returning it, as the Lessor is not responsible for its subsequent return.
- Return the Vehicle during the opening hours of the rental office, together with all its documents, keys, tires, tools and accessories, at the place and on the date stipulated in the contract. Any damage, loss, theft of the Vehicle or its optional accessories shall be the responsibility of Renter until inspection and verification of the Vehicle’s condition by Renter’s personnel.
- The replacement of the vehicle shall only take place in the event of breakdown or accident without fault or negligence on the part of the lessee. Replacement vehicle coverage will be provided within 48 hours and will only be carried out with vehicles within the Peninsula.
3.- Payments and charges derived from the rent:
The rental price is the price stated in the rental agreement and is established according to the general rate in force with regard to services, taxes, insurance and/or optional exemptions, and for the price agreed with the Tenant at the time of the rental according to the selected rate. The duration of the rental is that agreed in the contract, and will be billed on the basis of 24-hour periods, counting from the time the contract is formalized. There is a courtesy period of 30 minutes, after which an additional charge of one additional day’s rental will be made during the first 24 hours at the current General Rate. After 24 hours of delay in the return of the Vehicle, the charge will be made for the days that elapse until the effective delivery of the Vehicle. In the case of monthly renewable rentals, the Lessee is obliged to appear at the rental office on the last day of the contract so that the Lessor can close the contract and settle all the contracted items. The aforementioned appearance at the office may be replaced by sending the new signed contract by e-mail, provided that all the contracted items are settled. In renewable rentals, the fluid and oil levels must be checked regularly, and safety inspections or revisions must be carried out as appropriate and in accordance with the inspections for the use of the type of vehicle. These revisions shall be carried out by the workshops authorized by the Lessor, and the Lessee shall be liable for any damage resulting from the incorrect replacement of the fluid levels of the leased vehicle’s engine. In these rentals, it shall be the Lessee’s obligation to respect the maximum mileage limitation and to communicate this to the Lessor. All persons identified in the rental agreement shall be jointly and severally liable for the payment of any amount due under the agreement. The Lessee agrees to pay the Lessor:
- Charges for the rental of the type of vehicle budgeted according to the Lessor’s current rates and price agreed in the rental contract.
- Extra services contracted or used to be paid according to the Lessor’s current rates published both at the rental office and on the website www.furgospaco.es.
- A deposit or deposit to be retained by the Lessee at the beginning of the contract and to be returned upon receipt of the Vehicle and after verifying both the correct interior and exterior condition of the same so that it corresponds to the state of delivery, as well as compliance with the conditions set forth in this contract is established. The amount of the deposit or deposit will be determined on the back of the contract for each type of vehicle rented.
- The application of the initially agreed rate is subject to the Vehicle being returned on the scheduled date and at the scheduled place.
- In the event that the Renter wishes to use the Vehicle for a longer period than agreed, he/she undertakes to obtain express written authorization from the Lessor by paying in advance the amount corresponding to the extension of the rental period.
- Charges caused by the loss of the Vehicle’s documentation, as well as the loss of tires, tools, and accessories, including damage to tires and rims due to the fault or negligence of the customer.
- The costs of repairing the damage caused to the Vehicle, in case of accident, when the following circumstances concur:
1. That the Vehicle was not used in accordance with the conditions established.
2. That the accident report has not been completed within the indicated term or that it does not adjust to the reality of the facts produced.
- Fines and legal expenses due to traffic violations or infringement of laws, regulations or ordinances by the Tenant. Renter shall pay and shall be liable as if he were the owner of the Vehicle for any fines or penalties imposed by administrative bodies for the use and condition of the Vehicle in cases for which he is responsible. Renter shall reimburse Renter for any amounts, surcharges or interest of any kind that Renter is obliged to pay by reason of fines or penalties imposed as owner of Vehicle, plus an administrative charge for handling any fines or penalties received by Owner.
- In case of wrong refueling, the customer will pay all expenses incurred (towing, tank emptying, etc.).
- In case of damage or deterioration not related to normal wear and tear on items not covered by the insurance and caused by misuse, carelessness or negligence of the Tenant, the Tenant shall pay all expenses incurred.
- Exceptional cleaning or repair of upholstery, chrome or interior panels due to marks, tears, degradation or stains that cause deterioration or need for aesthetic repair, replacement or exceptional cleaning treatment on elements of the vehicle whose origin is attributable to the use made by the lessee. The cost of this cleaning will be governed according to the additional charges tariff, published both in the rental delegation and on the website www.furgospaco.es and/or www.pacocars.es.
- If any element needs to be replaced due to the impossibility of removing or cleaning the deterioration, the Lessee will pay the price stipulated according to the price list of the Official Service of the brand or specialized spare parts dealer.
- All advertised rates are subject to change without notice. Special offers can be cancelled at any time. By signing this contract, Renter authorizes Lessor to charge Renter’s credit card for any amounts agreed to be charged or pending at the end of the contract for payment of rent, damages caused to the Vehicle not covered by the insurance policy subscribed, or any other concept attributable to Renter, with the breakdown of the charges being made known to Renter.
- The vehicle must be returned with the same amount of fuel delivered. Otherwise, a charge will be made for the missing fuel. Plus an additional refueling fee of €12.
- PACO RENTAL SERVICES may also make charges, in relation to incidents that may have occurred during the Rental Period and/or in relation to the use of the Vehicle, which are not covered by insurance.
The prices (VAT included) of these charges and costs are specified in the document called RATES that will be sent to you attached to your booking confirmation email (if the booking was made online) and that will be available at any PACO RENTAL SERVICES office and in any case in the Terms and Conditions section of our website. www.furgospaco.es www.pacocars.es
Reservation cancellation policy:
In accordance with the provisions of the EU Consumer Law, we inform you that the customer does not have the right of withdrawal in the reservation or hiring of vehicles that he/she formalizes. However, whether the reservation has been made through the web page, by telephone or in person at the different PACO RENTAL SERVICES branches, PACO RENTAL SERVICES allows you to cancel your reservation by the same means used to make the reservation. In this case, we will refund the full amount paid if the cancellation is made 24 hours before the pick-up time of the vehicle. In case the cancellation is made within 24 hours prior to the pick up of the vehicle, the amounts already paid will not be refunded. In case of cancellations of reservations of several days, the client will only have to pay for the first day of rental. Reimbursement will be made in the same form of payment made. Please note that the modification of your reservation may imply changes in the price of your rental, since it will be made according to the current published rates/offers and that you should use as a communication channel the sending of an e-mail to email@example.com, or you should contact the rental office where you pick up the vehicle in order to modify your reservation. In any case, the modification of the reservation is subject to availability of the vehicle and schedule of the Delegation renting the vehicle.
Prohibition of Assignment
The customer may not transfer its reservation rights or obligations under these Terms and Conditions. The reservation contract is between the client registered in the reservation and PACO RENTAL SERVICES S.L. PACO RENTAL SERVICES S.L. reserves the right to cancel a reservation at any time in situations of Force Majeure. PACO RENTAL SERVICES S.L. reserves the right to cancel in case of breach of the rental contract by the client, including the non-payment of any amount due for previous rentals in which the client, the renter and/or the driver of the vehicle that have been part of the signed rental contract may have been involved. It also reserves the right to cancel in the event of any arbitrary or unlawful behavior towards the employees of any of its franchised companies’ rental branches or for fraudulent or illegal activity committed with one of the vehicles.
The rental rates include the coverage of the compulsory insurance of the Vehicle and the complementary liability insurance with unlimited guarantees for damages to third parties derived from the use and circulation of the Vehicle. These coverages are guaranteed and are assumed by the insurer with which the Lessor has taken out the corresponding insurance policy and are subject to what is agreed in the general and particular conditions of the same, and to what is regulated in the legislation in force. By signing the rental contract, the Lessee adheres as an insured party to the aforementioned policy, a copy of which is available at the Lessor’s head office and may be consulted by the Lessee. Any additional driver is subject to the terms and conditions and limitations of our policy. This policy does not cover damage, loss or any other damage suffered to luggage, goods or objects transported in the vehicle, nor total or partial loss or damage suffered to the Vehicle due to theft, vandalism and/or traffic accident. In case of damage to the vehicle without responsibility of the other party, the lessee shall pay the excess stipulated in the contract. In case of theft of the vehicle, the excess shall be paid. The Hirer agrees to assist and cooperate with our insurance company in the event of a third party claim. He also accepts responsibility for any failure to report third party claims as soon as possible. In the event of any fraud or breach of the terms and conditions of our policy or any breach generated by a misuse of the vehicle that invalidates the coverage provided by our liability policy, the client will be personally liable for the damages generated.
6.- Liability for damage, loss or theft of the Vehicle:
The lessee accepts responsibility for damage, loss or theft of the vehicle during the term of the lease. In case of theft of the Vehicle, the Renter shall report the reported facts to the rental office, delivering the original of the police report within 24 hours from its formalization, except in cases of force majeure, and in any case before the end of the agreed rental period, together with the original keys of the rental Vehicle, granting the Lessor the right to terminate the contract, as well as to claim the immediate return of the Vehicle. You will be required to pay the entire outstanding debt immediately, regardless of the terms of payment previously agreed upon.
The Lessee shall pay the market value of the stolen car and indemnify the Lessor for loss of profit and consequential damages, including legal costs, towing, expert reports, etc.
The loss or theft of the Vehicle does not entail the Lessor’s obligation to provide the Lessee with a replacement vehicle.
In the event of an accident, the Lessee undertakes to:
- Do not abandon the rented Vehicle without taking adequate measures to protect it.
- Not admitting liability to third parties in the event of an accident.
- Communicate within 7 days the accident to the Renter using the European Accident Report.
- To obtain the complete data of the opposing party and possible witnesses, filling out an accident report, which shall be sent to the lessor, within forty-eight hours after the occurrence of the accident.
- Collect the names and addresses of those involved in the accident and communicate them to the Lessor. If the other party refuses to sign, the Hirer shall request the presence of the police on the spot to clarify the facts, otherwise the Hirer shall be held responsible for the accident, unless proof to the contrary is provided.
- To assist both the Lessor and the insurer in any legal proceedings.
- In the event that the lessor receives a claim to the contrary if the lessee does not present a signed accident report or declaration of non-existence of the same, the lessee must pay the approved rate of additional charges published both at the rental agency and on the website www.furgospaco.com.
- The driver of the vehicle shall be liable for the damages provided that he does not prove that they were due to the exclusive fault of the injured party or to force majeure unrelated to the driving or operation of the vehicle.
8.- Termination of the contract:
The parties shall have the right to terminate the contract if there is legal cause to do so. The Lessor shall have the right to terminate the contract with immediate effect, in the event that the Lessee is in default, which shall occur on the day following the due date of the corresponding payment obligation, without any notice being necessary.
They shall be considered just cause to terminate the contract:
- Use of the Vehicle that is not suitable for its intended use or that causes damage to the Vehicle in a wilful or grossly negligent manner, including the lack of maintenance or servicing when obliged to do so.
- The costs incurred for the return of receipts, checks, promissory notes, money orders, credit card charges, unless the Lessee proceeds with the payment within seven days, or failure to comply with the payment conditions previously agreed upon by the Lessor.
- Failure to comply with any of the conditions set forth in this contract.
- In case of a high accident rate.
In any case, the Lessor shall have the right, upon termination of the contract, to remove the Vehicle wherever it may be. In case of termination of the contract, the Lessee shall be obliged to immediately return the vehicle, keys, documentation and accessories. In the event of contractual termination, the parties may claim from each other the damages caused by the termination, including not only the consequential damages, but also the loss of profit due to the unavailability of the Vehicle.
They may be submitted in writing to the registered office of the lessor stated in the contract or to the email address firstname.lastname@example.org In compliance with Law 7/2017 we inform that the lessor is NOT adhered to the Consumer Arbitration System nor does it offer specific adhesion agreements for the resolution of claims.
The present contract is formalized and subscribed in Spanish and is governed by Spanish law and jurisdiction. However, the lessor communicates to the undersigned lessee, in accordance with the provisions of Article 38 of Law 16/1987, of July 30, 1987, on Land Transportation Management, prior to the initiation of the service, its express desire NOT to submit to the Transport Arbitration Boards. For any discrepancy or controversy arising as a consequence of the present contract, the parties expressly submit to the courts of jurisdiction corresponding in each case, of the place of conclusion of the contract.