GENERAL TERMS AND CONDITIONS OF RENTAL MOUVELEC S.L 2017
ARTICLE 1 : VEHICLE COLLECT AND RETURN
The vehicle shall be collected by the tenant at MOUVELEC BCN S.L station.
It has to be returned only at departure agency, at the specified date and during station MOUVELEC BCN S.L opening hours.
INTERNATIONAL CIRCULATION: with written agreement of MOUVELEC BCN S.L, vehicles can travel in below countries:
Germany, Austria, Belgium, Denmark, Finland,
France, Holland, Ireland, Italy, Luxembourg, Norway, Portugal,
United Kingdom, Sweden and Switzerland.
Traffic outside these boundaries is totally forbidden and tenant will be responsible in case of robbery, fire, breakdown or accident occurring somewhere else than these countries, amount to the total value of vehicle.
ARTICLE 2 : VEHICLE’S CONDITION
– Tenant admits that vehicle is roadworthy, conformable to the established state form with landlord and that tires are in good condition and without any cut.
In the event of damage to one or more tires and/or wheel rims during the hire, the
client is obliged at his expense, to replace the damaged tire and/or wheel rim with an identical new model and same brand.
– Flat tire repairs are at tenant’s costs.
– Milometers and plug couldn’t be forced; in case of observed violation, a fixed amount of one thousand (1,000) kilometres per day of hire shall be charged at the current rate, independently of legal action for fraudulent use.
– Owner is in charge and responsible of degradations except Normal Wear and Tears of vehicle.
The goods transported must not be likely to damage the vehicle both by themselves and by their packing or stowage.
Internal degradation caused intentionally or unintentionally
(Accessories broken, cigarette burning of seats, etc.) remain always at the tenant’s expense even if he has subscribed to the supplement for reducing the excess.
The owner agrees not to remove, alter or delete the advertisement
LOVAUTO BCN or any other indication affixed by the rental company.
Otherwise, the stickers or the advertisements will be charged.
The owner remains liable for any loss or not accidental damage to the vehicle, the keys and circulation documents, tires (puncture included) rims, tools, instruments, accessories, equipment, interior and exterior.
He agrees to reimburse the total amount of all damages or losses and the immobilisation costs of the vehicle to the lessor.
The amount of the repairs will be payable on estimate.
The landlord will immediately collect the prepayment.
ARTICLE 3: CARE AND USE OF THE VEHIVLE
Tenant agrees to use the vehicle based on « prudentman » principle.
Owner assumes care and control of the vehicle but also control of driving and transport operations.
Facing the risk of exclusion from the insurance guarantee and therefore be in a state of non-insurance, the tenant agrees not to allow the vehicle to be driven by another person than itself or those approved by MOUVELEC S.L., and so, he’s the partial guarantor, in accordance with 1384 article of Civil Code; he undertakes the vehicle has not to be used:
- To propel or pull any vehicle or competition vehicle. Only vehicles equipped with a hitch by car manufacturer or the lessor may be used to tow trailers or compressors on the express condition that the vehicle + trailer does not exceed Gross Combination Weight Rating (GCWR) indicated on the registration certificate and that the systems (Safety chain, locking pin, etc.) be used by the tenant as it should be.
- By a person under ethyl or narcotic influence.
- In overload, the rented vehicle transporting a number of passengers exceeding that authorized, or a load whose weight exceeds the payload of the vehicle shown in the registration certificate; In case of non-compliance with this requirement, the tenant would be responsible for the consequences regardless of importance.
- By a person who has provided the lessor a fake identity, age, an incorrect address or driving license.
It is specified that the vehicle may only be driven by persons designated and that said persons meet the condition of driving license and age according to vehicles’ category. (See recto)
- To transport dangerous goods (flammable or explosive) or emit strong and unpleasant smell.
Moreover, the tenant can not, in any case, cede, sell, mortgage or pawn the present contract, the vehicle, its equipment or its tooling, or treat them in such a way as to affect or prejudice MOUVELEC BCN S.L.
- f) the owner is subject to all legislative, regulatory, customs obligations or any other laws relating to carriage of goods by the vehicle provided by the tenant, public or private transport. The responsibility of the tenant is involved all along the period during which the vehicle was at his disposal.
The owner is the only responsible for declarations and payments of duties and taxes on the movement of goods (customs, granting, management, etc.), the lessor reserves the right, in case he’s implicated, the right to claim the tenant full reparation of the damage.
ARTICLE 4 : CAR RENTAL
– Prepayment – Extension:
The rental’s price and the amount of the prepayment are mentioned on the recto of the lease.
In any case the initial prepayment may be used for rent’s extension.
In case of the tenant wishes to keep his vehicle for a longer period than one originally agreed, it shall afterwards have obtained the agreement of MOUVELEC BCN S.L., tenant must send within 24 hours on pain of legal proceeding for hijacking and untrustworthiness.
The tenant agrees to pay the lessor from the beginning of the rental period, the amount including taxes, including insurance and, on the other hand:
- a) a “kilometric” charge calculated at the rate prescribed for the number of kilometres travelled by that vehicle during the duration of the rental, according to the milometer installed on vehicle by the car manufacturer. In the event of malfunction of the milometer, client has to immediately inform the renter, it’s his responsibility, on pain of being charged 1000Kms / day of rental at the current rate.
- b) all direct and indirect taxes, contribution and assessments payable on royalties, premiums, fees and allowances.
- c) Any fine. Costs, expenses and taxes on the applicable traffic, parking regulations during the term of this contract, except ones resulting from a lessor’s fault.
Treatment of tickets: treatment by MOUVELEC BCN S.L.; of all ticket or contravention result in invoicing to the tenant of the lump sum of 16 € including tax.
- d) The costs incurred by the lessor to ensure the repair of damage due to a collision or other damage, caused to said vehicle, the liability of the tenant, assuming that he has strictly observed all the clauses and conditions of this contract shall be limited to the maximum amount of the excess indicated in the contract.
- e) The costs of replacement and immobilisation of the damaged or stolen vehicle (compensation calculated on the basis of the day tariff + Km multiplied by the number of days of detention), towing and warehousing fees and a fixed price of 43€ for the application fee.
In case of payment by check, the customer will be refunded if necessary after collection, about 3 weeks.
ARTICLE 5: PENALTY CLAUSE
- a) Non compliance with Article 4 of this contract shall, in addition to repeatable charges and default interest, the application, as penalty clause, of an allowance fixed at a flat rate of TWENTY PERCENT (20%) of the sums actually due.
- b) the amount of compensation calculated as a penalty clause shall not may be less than a minimum sum of 50€.
ARTICLE 6 : INSURANCES
The rental company subscribes to an insurance guaranteeing the compulsory civil liability for injuries to persons and property in accordance with the legal provisions applied in the country where the vehicle is registered.
Conditions for implementing the excess:
In case of theft, even partial, fire, or damage to the vehicle and to the third party its equipment or accessories, breakage of ice and windscreen, the liability of the tenant is limited:
– To the damage excess indicated on the contract
– For the robbery, excess is doubled.
– An excess is applicable per point of impact
– Stolen vehicles in home jacking and car jacking are not covered by the insurance policy.
In the situation where the tenant is compensated for the cost of the damage by a third party, this one will reimburse the tenant the amount of the excess after deduction of any repair costs remaining payable by the lessor.
Only the tenant and drivers approved by MOUVELEC BCN S.L. in accordance with Article 3 may rely on the status of insured.
- a) The tenant and any driver authorized by MOUVELEC BCN S.L.; are committed to participate as insured for the benefit of an insurance policy. This policy covers unlimited damage against third parties in accordance with the regulations in force in country where the vehicle is registered.
- b) the tenant gives by this contract his agreement to the said policy and undertakes to observe its terms and conditions. In addition, the tenant undertakes to take all appropriate measures to protect the interests of the lessor and his insurance company in case of an accident during the term of this contract
and especially :
– Declare to MOUVELEC BCN S.L.; Within 24 hours any accident, theft or fire and immediately alert the police authorities to any theft or bodily injury.
– Mention in the declaration of loss especially the circumstances, the names, addresses and telephone of any witnesses, the name and address of the opponent party’s insurance company and the police number.
– Attach to this declaration any report of police, gendarmerie, statement of complaint receipt, etc.
– Do not discuss, in any case, the responsibility or treat or transact with third parties in connection with the accident.
– Do not to abandon the said vehicle without being cautious to ensure, backup and its security.
- In the case of damage caused by a collision with a third party or with a fixed or mobile body, specified excess to the contract shall be borne by the tenant.
It’s the same applies in case of theft or fire, even partial. A standard amount of 43€ will also be charged for administration fees.
Any submit of an amicable report or an accident report within 24 hours will result in invoicing of administration fees of 120 € including taxes and invoicing of total repairs resulting from the disaster. However, even if the tenant has agreed to pay the compliment for reduction of excess, he will remain responsible for all damage to the upper parts of the bodies as well as a result of an impact against a fixed body (bridge, tunnel, porch, tree branches and other overhanging objects). It’s the same for damage to the bodies and mechanical parts under the vehicle (front axle, oil sump, etc.).
In addition, an excess of 20% of the new value of the vehicle (with a minimum of 2200 €) over the taxes will be claimed in case of a declaration of wreck of the said vehicle for an accident claim, disaster without any third party, or natural disaster.
- d) The lessor will not be responsible for any loss or damage caused to any property or valuable property carried or left in or on the said vehicle after its return, and to the driver.
Furthermore, the liability of the lessor can not be committed for any loss or damage caused by the tenant or any third party by loading or unloading of the vehicle, including damage caused by or to a vehicle’s door.
- e) The tenant has legal custody of the following vehicle
Article 1384 of the Civil Code; It undertakes to keep it locked outside the periods of use and do not leave the documents on the inside. In case of theft (even partial), it is covered by the insurance of the renter, with excess (doubled) remaining at his costs, with the condition of the return of the keys, documents of the vehicle as well as the certificate of complaint submitted by the competent authorities.
However in case of theft if the tenant would have left the keys on or in the vehicle, or the modular element itself locked or if the the tenant doesn’t give the landlord the keys, the documents of the vehicle, and the filing of a complaint for theft, the tenant shall pay the lessor the value of the vehicle established by an expert on the day of the accident increased by 10%.
- f) the vehicle is insured only for the duration of the lease indicated on the recto. After that period, and unless the extension is officially accepted, MOUVELEC BCN S.L .; declines any responsibility regarding accidents or thefts that the tenant could have caused and which he will have to deal with personally.
ARTICLE 7 : BATTERY CHARGE – FUEL
The battery charge is included in the rental.
Fuel is the responsibility of the tenant. When the vehicle returns, the complement of fuel necessary to be at the starting level will be charged to the tenant.
The fuel and the service price will be invoiced according to the rate indicated in the agency.
ARTICLE 8: MAINTENANCE, REPAIR AND REFUND
The tenant will regularly check the oil, water and other fluids.
Repairs, replacement of parts or tires resulting from normal wear and tear are borne by the lessor.
Those resulting from unusual wear and tear of accidental cause negligence or indeterminate shall be borne by the tenant and shall be done without any delay by the lessor, their amount shall be increased by a demurrage provided for in Article 13. In either case, if the vehicle is immobilized outside the department, the tenant can not carry out any work at official agent of the vehicle brand only after the written agreement mail or email from the landlord and must be given a paid invoice as well as defective parts replaced.
In any case, the tenant couldn’t claim of damages for disturbance or cancellation of hiring, either for a delay in the delivery of the vehicle or for immobilisation in the case of repairs necessitated by normal wear and tear and carried out during the rental period. Frost damage shall always be borne by the tenant, even in the case of an antifreeze provided by the lessor. With the agreement of the lessor, the tenant will carry out the common maintenance operations, prevention, including drainage and lubrication, in MOUVELEC BCN S.L . establishments; or designated by the latter. The tenant will have to holding available the supporting documents corresponding to these interventions to MOUVELEC BCN S.L .;. Repairs other than maintenance couldn’t be carried out without the authorization of MOUVELEC BCN S. ..
Vehicles must be returned to the renter’s premises in normal wear and tear; Exhaust system in good condition, bodywork free of visible shock, scratches or stains;
Bumpers not deformed; The interior of the vehicle doesn’t comport any degradation; The vehicle must be in good mechanical condition and do not have a malfunction.
Any repairs required for the delivery of the vehicle shall be invoiced to the tenant and shall be paid by the tenant upon receipt or delivery of the invoice.
In case of dispute of the tenant concerning the amount of these repairs, the tenant will designate at his own expense and within 8 days an automobile expert from the city of the lessor, responsible for evaluating the repairs.
The rental company reserves the right carry out or not repairs invoiced to the tenant, invoiced amount are corresponding to the compensation for its injury.
ARTICLE 9: PRICE UPDATES:
The rental price is established at the date contract’s signature. The lessor reserves the right to change prices without prior notice.
ARTICLE 10: RESPONSIBILITY
The tenant remains solely responsible regarding Articles L 21 and L 21.1 of traffic regulations, fines, perceptions and tickets. He is also responsible for customs prosecutions against him. Accordingly, it undertakes to reimburse to MOUVELEC BCN S.L .; any costs of this nature paid in its place. The tenant must also respect the the rules for road transport coordination for commercial vehicles. The landlord will not be held responsible for loss or damage that could result directly or indirectly from a mechanical failure of the vehicle (or accident).
The tenant must ensure the validity of the green insurance card in his possession. In the event that it is out of date during the leasing, he shall inform the lessor, the new card will be given to him. If not, he will be personally responsible of any tickets or infraction.
ARTICLE 11: EXCLUSIONS
The tenant will be liable for the total amount of damage caused to third parties, as well as repairs or the current value of the vehicle in the event of non-compliance
of Article 3 and in the following cases:
– The vehicle’s drive by a person whose name is not on this contract as an authorized driver or unauthorized driver by the lessor.
– Damage caused intentionally or as the result of inexcusable fault, negligence in the absence of identified third parties, or violating the traffic regulations, eg ice plate, skidding, aquaplaning, white line crossing, non-compliance with a red light, a stop, non-respect of the speed etc.
– Any damage resulting from a bad appreciation of rented vehicle’s size
(Example: rooftop, rut, lateral friction of the body…)
Or use on an impassable road, or flooded,
– Damage on site, private road and closed to traffic
– Driving with a blood alcohol level above the legal norm or under the effect of absorbed elements that modify reflexes indispensable to driving, or under the influence of narcotics
– Sleeping and falling asleep of the tenant,
– Damage to the interior of the vehicle, tires, and rims, inferior and superior parts unless they prove that they are not consequence of his fault or negligence.
– Error on the type of fuel,
– Damage arising from the cases listed in Article 3
– Damages incurred after the contract date for the return of the vehicle,
– Theft by an attendant of the tenant or an authorized driver,
– Theft with non-return of keys, double of the keys and documents on board,
– Accident or damage without delivery within 24 hours of the statement or accident report,
– In case of a claim abroad without ant written renter’s agreement.
ARTICLE 12: PREVENTION OF MOUVELEC BCN S.L.
Under no circumstances may the tenant claim damages, for delay in the delivery of the vehicle, for cancellation of the rental or immobilisation, in case of breakdowns, accidents or repairs during the rental period.
ARTICLE 13: IMMOBILIZATION:
The immobilisation of the vehicle for any cause even if it’s outside or for reasons beyond the control of the tenant, shall give rise to a payment by the latter of an indemnity equal to the rental vehicle’s price, without mileage for a period which couldn’t exceed thirty days, subject to performance by the tenant of all obligations under the contract.
ARTICLE 14: DURATION OF CONTRACT
The rental is granted per 24-hour period for a specified duration written on the front of this contract.
If the vehicle is not returned to MOUVELEC BCN S.L.; at the due date agreed, in the absence of a written agreement for a possible extension, the rental company reserves the right to take back the vehicle at the expense of the tenant without the latter being able to prevail of an unwarranted cancellation of the rental. Costs incurred by this recovery will remain the responsibility of the tenant.
ARTICLE 15: BREACH OF CONTRACT
Failure by the tenant to comply with the rental conditions will result in the termination of the rental without prejudice to the damages and which MOUVELEC BCN S.L could claim.
ARTICLE 16: SPECIAL CONDITIONS FOR UTILITY VEHICLES
In addition to the obligations under this contract, the tenant:
– Supports the management of the driving and transport operations
– Commitment to carry in the vehicle only goods in accordance with the use to which it is assigned
– It is forbidden to load materials likely to worsen the vehicle or to leave there in persistent impregnations by them as well as by their packing or stowage.
– Commits to use the vehicle only on driving areas for which it was designed.
– Acknowledging for the degradations suffered by the vehicle, equipment or accessories due to the loading or unloading
– Will be responsible for the consequences of any Gross Combination Weight Rating excess or the number of authorized persons indicated on the car registration document
-Restore the empty vehicle of any goods or packaging.
ARTICLE 17: JURISDICTION
In the event of a dispute relating to the performance of this contract, the courts of Barcelona shall have exclusive jurisdiction.
ARTICLE 18: LOSS OF OPERATION
Theft or accident of the vehicle as a result of negligence or failure of the tenant to comply with the rules of this contract, when it leads the immobilization of the vehicle, will invoice for an amount calculated on the basis of the daily rental price and the number of days of detention.
The Parties agree that cases of force majeure shall initially suspend the obligations of the Parties / Parties affected by such force majeure.
In case of an event of force majeure affecting this Agreement and taking effect for a period exceeding six months, this Contract may be terminated by operation of law without notice by simple registered letter with acknowledgment of receipt, by either Party without compensation of any kind on either side.
In case of an event of force majeure affecting a short long-term contract concluded pursuant to this Agreement and having effect for a period exceeding fifteen days, the said short long-term contract may be terminated without notice by simple registered letter with An acknowledgment of receipt on the initiative of either party to the said contract, without no compensation on both side.
The Parties recognize as cases of force majeure, both under the Contract and under the short long-term contract, which are usually recognized as such by the jurisprudence of the courts and tribunals of the country whose right has been chosen as the law applicable to the relationship in question.
CONDITIONS OF THE MULTI-DRIVER OPTION IMPLEMENTATION:
- Subject: The Landlord authorizes and agrees that the leased vehicles shall be driven by one or more drivers (hereafter the “Drivers”).
The leasing contract will be established by the person who takes possession of the vehicle but will not mention the names of the other potential drivers in order to facilitate the management of the drivers required to drive the rented vehicles.
The provisions of this Annex will be applied only when the vehicle is rented for professional or semi-professional use. They are therefore excluded when the vehicle is rented for private use.
- Tenant’s Statements:
The Tenant certifies that all the Drivers who will be led to drive the vehicles rented by the Lessor to the Tenant in the conditions defined in the Framework contract of Rental and General Conditions of Rent of the Renter:
– Are employees, agents, or collaborators of the Tenant (including the Tenant’s Interim);
– Are over 19 years of age;
– Hold a valid driving license for more than one year;
– Are not subject to suspension or cancellation of a driver’s license.
The Tenant is advised that, depending on the type of vehicle leased, Drivers must have a driver’s license for at least one year, which will be specified in the document entitled “Lease Contract” (minimum 1 year) and delivered when the vehicle is taken and must be at least 19 years old.
The Tenant assumes full responsibility for incorrect or false information given by the Drivers.
- Drivers’ Identification:
The Tenant will use his best efforts to be able to identify, at any time and by whatever means, the identity of the Driver (s) of each vehicle rented and in particular:
– His name
– His first name
– Driver’s license number
If the Driver commits a road traffic offence, Parking Rules or any other law or regulation in force during the rental period of the vehicle, the Tenant assumes full responsibility and will take over all consequences, unless the Tenant proves to the lessor or any third the origin of the offence.
In addition, the Tenant undertakes to do his best to communicate at the first request of the Landlord and within a maximum of 14 days all the information to identify a Driver. This request from the Landlord may be made by any means.
As the principal of its employees, agents or collaborators, the Tenant will himself settle the amount of fines and other administrative penalties applied to the Drivers because of their non-compliance with the provisions of traffic regulations.
- Impossibility of identifying a Driver:
In the event that the Tenant is unable to identify a Driver, the Tenant must bear all the consequences, and especially the financial consequences.
Thus, the Tenant undertakes to keep the Lessor free from all consequences that may result from his inability to identify a Driver. In addition, the Tenant will indemnify the Landlord at first demand of all fines, tolls, or any other costs that may be borne by the Landlord as a result.