GENERAL TERMS AND CONDITIONS OF NIZA CARS

These General Terms and Conditions seek to govern the information and contractual relationship between CONNEXCARS, S.L. (hereinafter, either the "Rental company" or “NIZA CARS”) and you (hereinafter, the “Customer” or “Renter”). These General Terms and Conditions will apply to rental services booked in person at the offices of NIZA CARS, online via the website www.nizacars.es, or via our telephone customer services department, owned by NIZA CARS with Spanish Tax Code (CIF) B67071951 and registered address at Avda. Via Augusta, 105 (08174 Sant Cugat del Vallès) SPAIN.

The act of booking a vehicle constitutes unreserved acceptance of all these General Terms and Conditions by the Customer.

NIZA CARS reserves the right to amend these General Terms and Conditions at any time without prior notice by publishing said amendments on its website www.nizacars.com so that Customers can access them before entering into a rental contract.

1. Documentation for the rental

In order to collect the vehicle, an original driver’s licence valid for the rental period and DNI, ID or European citizen passport, and both documents for citizens of countries outside of the European Union provided they have a valid visa or residence permit, must be presented.

The Customer must be in possession of the corresponding approved driver’s licence valid in the country where the NIZA CARS vehicle will be delivered. The Customer is directly liable for the validity and approval of said driver’s licence throughout the term of the rental and will hold NIZA CARS exempt in this regard. In the case of points-based driver’s licences, the Customer is responsible for ensuring that they have the legally required number of points to drive and that the competent authority has not launched proceedings to withdraw validity for the driver’s licence, holding NIZA CARS exempt of any liability in this regard.

Driver’s licences must be accompanied by an official translation or, otherwise, an international driver’s licence whenever required by Spanish legislation or whenever the licence is not written in the Roman alphabet. Under no circumstances will translations or an international driver’s licence be accepted when not accompanied by the original document.

The Customer will be required to comply with current legislation governing the need to accompany their driver’s licence with an international driver’s licence for driving on public roads, and will be liable for any possible penalties in this regard issued by public entities and/or authorities.

The booking document must be shown when collecting the vehicle.

For airport bookings, the flight number must be indicated in order to ensure proper operation of the transport or shuttle service between the airport and the vehicle collection/delivery office.

In any case, the company reserves the right of admission, being able to terminate the reservation contract with immediate effect, simply returning the amount paid for the reservation (only for bookings made through our website), without compensation to the client, in cases of doubtful financial solvency, violent behavior, history of damage to vehicles in previous rentals or any other circumstance that could cause a breach by the Customer of these conditions.

2. Minimum and maximum age

Drivers must be at least 21 years of age and have held a driver’s licence for at least one year. Drivers must be under 79 years of age -including-.

For special requests, For groups E1, F4, G, G3 and H1 drivers must be at least 21 years old and have held a driver's licence for at least two year. For grupos F2, F3, K, K1, L2 and L3 drivers must be at least 23 years old and have held a driver's licence for at least two years.

For groups G2, Drivers must be at least 25 years old, and have held a driver's licence for at least 5 years.

3. Reserved vehicle

The rental will not necessarily be for a specific vehicle (brand, model, colour, features, etc.) but rather for a vehicle from a group of vehicles with similar technical and comfort characteristics, which will be specified when entering into the rental contract, with the exception of “guaranteed model” vehicles that, in the event of no availability, will be replaced with a model of the same or better characteristics.

The reserved vehicle will be available for a maximum of 3 hours according to reservation. After that time, availability is not confirmed.

4. Rental term

Rentals are calculated for periods of 24 hours, counted from the exact time when the Customer has rented the vehicle until the vehicle is received by NIZA CARS.

The Customer is given a 1 hour grace period for returning the vehicle and a 2 hour grace period when contracting Star Insurance. Return of the vehicle more than 60 minutes after expiry of the agreed rental period will incur a fee of 1 additional day at the current rate.

The term of the contract will be specified within the text thereof, including the location, time and date of collection and the location, time and date of return.

If the Customer decides to end the rental prior to the date indicated in the rental Contract, the Customer will not be entitled to a refund of the amount corresponding to the days on which neither the vehicle nor the contracted extras were enjoyed.

The maximum rental period will be 30 days, unless expressly authorised by NIZA CARS, which reserves the right to extend this period under special terms and conditions.

Return of the vehicle on a date and at a time later than those agreed in the Contract will entitle NIZA CARS to charge the Customer for the rental amount corresponding to the additional days at the rate in effect at said time due to late return.

NIZA CARS reserves the right to bring any legal action deemed necessary in the event that the vehicle disappears or is not returned on the day and at the time agreed in the rental contract.

5. Contract extension

The Customer is required to return the vehicle on the date and at the time agreed in the previous clause. Should the Customer wish to extend the rental period, they must contact the office of NIZA CARS to sign an extension when expressly authorised by NIZA CARS. No contract can be extended by telephone or any other means of electronic communication. If no vehicles are available or for any other reason, the Customer will be required to return the vehicle on the date, at the time and at the branch office agreed. Otherwise, NIZA CARS reserves the right to bring any legal action deemed necessary.

Unilateral extension of the Contract term by the Customer will also be considered as unauthorised use of the vehicle for the purposes of customer liability regarding any damage incurred by the vehicle.In such cases, in addition to the rental amount corresponding to the additional days for delay in return, NIZA CARS will be entitled to charge the customer the cost of possible legal actions for the recovery of the vehicle.

Under no circumstances will the amount paid as a deposit be used for a contract extension. Hence, if an extension is applied to the Contract, the Customer will be required to make an additional payment for said extension resulting from application of the current rate at the time.

Depending on the initial terms and conditions of the Contract, it may be necessary to draw up a new rental contract when requesting an extension, in which case the original contract will be considered as expired. Said new contract will require payment for the rental according to the rates in effect at such time, as well as payment of a new deposit (see Section 7 - “Payment methods and terms” of this document).

6. Mileage

The mileage will be specified by the collection office and based on the type of insurance contracted.

1. Mileage in Malaga

The mileage for vehicles collected at the Malaga office will be unlimited except for groups F2, F3, G3, K and K1 as indicated below. For group G2, the provisions of section 6c of these conditions shall apply.

The cost per additional kilometre will be 0.25 €/km + TAX

2. Mileage in Barcelona

The mileage for vehicles collected at the Barcelona office is limited according to the rental period.

The cost per additional kilometre will be 0.25 €/km + TAX

When contracting the Star Insurance, the mileage limits will be increased to a maximum of 2,000 kilometres for bookings of up to 13 days and 3,000 kilometres for bookings of up to 30 days, except for groups G2 (see Section 6.c of these Terms and Conditions). Furthermore, the cost per additional kilometre will be 0.25 €/km + tax.

3. Mileage for group G2

Group G2 will have a limit of 2,000 kilometres per rental, with each additional kilometre charged at 1 €/km + tax.

7. Payment methods and terms

Payment is accepted by credit card (VISA and MasterCard) and debit card. 

Payment is not accepted by Diners Club, American Express, Maestro, VPAY, any kind of prepaid card or cheque.

The card must be in the name of the person appearing as the main driver in the rental contract. Otherwise, Star Insurance must be contracted with the vehicle.

The deposit for reservations with excess can only be paid by credit card.

To use a debit card (VISA and MasterCard) to pay for the rental, Star Insurance must be contracted with the vehicle.

Under no circumstances can a deposit be paid in cash. 

8. Prepay or prepaid bookings

It will not be possible to cancel prepaid bookings and the following cancellation costs will apply:

• For cancellations made 48 hours or more prior to the scheduled collection of the vehicle, the first 3 days of the rental will be charged.
• For cancellations made between 24 and 48 hours prior to the scheduled collection of the vehicle, the penalty will be 50% of the rental amount, with a minimum amount equal to 3 days rental.
• For cancellations made less than 24 hours prior to the scheduled collection of the vehicle, no refund will be made.

Changes to prepay or prepaid bookings will always be subject to the supervision and authorisation of the office, reserving the right to not make any changes in the event of no availability or cases in which operation by the office would be affected.

As regards changes to dates, NIZA CARS reserves the right to increase the price based on current rates. If the price of the current rate on the new dates is lower than the price of the original booking, the original price will be maintained.

In the event that the rental contract ends prior to the agreed date, the full amount thereof will be charged.

9. Deposit

The deposit is a block, pre-authorisation or charge made to the card by way of a guarantee for fuel, loss of keys, contract extension or damage to the vehicle, as the case may be.

For Rentals for 8 or more days, we will charged the deposit and will be refunded at the end of the rental if car is returned without damages.

The deposit amount will be unblocked between 15 and 30 days following return of the vehicle. For debit cards, the deposit will be returned immediately following correct return of the vehicle but may take up to 15 days to appear in the corresponding account.

1. Deposit for bookings with excess

Any booking not accompanied by additional insurance will require a deposit equal to the vehicle excess for damages plus 100 euros by way of a deposit for fuel and possible loss of keys.

2. Deposit for bookings with Star Insurance

The deposit for bookings with star insurance will be between € 300 and € 700 for pick-ups in Malaga and Barcelona, for petrol and possible loss of keys.

10. Insurance

All vehicles include the Mandatory Civil Liability insurance by default in accordance with European Union regulations 2018/0168. The insurance will only be valid in those countries for which driving authorisation has been provided and for the driver or drivers appearing in the rental contract as authorised drivers.

 This coverage is guaranteed and assumed by the insurer with which NIZA CARS has agreed the corresponding insurance policy, and is subject to the general and particular terms and conditions thereof, as well as the law. By signing the rental contract, the Customer is added to said policy as an insured party.

Furthermore, the insurance policy covers damage to the vehicle caused as a result of a collision (except excess) or theft (except excess) provided that the following conditions are met:

• For collisions, the Customer sends NIZA CARS complete information about the other party involved and possible witnesses within 24 hours of the incident by completing an accident report (Amicable Accident Declaration - DAA) containing the registration details, name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurer and, if possible, the insurance policy number. All this information must be signed by the two drivers involved in the accident; or, if this cannot be done, the Customer sends NIZA CARS the “Accident Report” that will be provided by NIZA CARS.
• The insurance company does not reject the accident as a result of the vehicle not being driven in the physical and mental conditions required by the Highway Code.
• The collision, theft, fire or act of vandalism did not occur during unauthorised use of the vehicle, as defined in Clause 16 of these Terms and Conditions.
• That the Customer has notified NIZA CARS of the collision or theft caused to the vehicle within a period of 24 hours following said collision or theft by providing the pertinent documentation (accident report, official report to the authorities, etc.).

The insurance for damages with excess does not include the following under any circumstances:

• Damage to tyres, rims, vehicle interiors, external and internal rear-view mirrors, headlights, windows and chassis.
• Excess corresponding to damage to vehicle bodywork.
• Vehicle theft.
• Damage to the clutch, engine, crankcase, catalytic converter and/or radiator.
• Days that the vehicle cannot be used until its repair.
• Towing costs.
• Battery recharging.
• Refuelling errors.
• Missing: Wheel repair kit, triangles, vests, antennas, child seats or any other external element or extra from the vehicle.
• Damage caused to the vehicle through unauthorised use, in accordance with Section 16 of these Terms and Conditions.

The following will not be covered by any of the insurance under any circumstances:

• Damage caused to the vehicle or third parties through negligence.
• Loss of child restraint systems, safety triangles, reflective vests, documentation, boot loading shelf, jack or any external element or accessory from the vehicle.
• Payment of fines.
• Driving under the effects of alcohol and/or drugs.
• Transporting illegal substances.
• Theft of the vehicle with keys in the ignition.
• Loss, damage or theft of keys.
• Burns or breakages to seats.
• Damage caused to the engine through negligence.
• Damage caused by failing to comply with traffic regulations.
• Damage caused by driving on unsuitable roads, in accordance with Section 16 of these Terms and Conditions.
• Fuel error.
• Damage caused to the clutch.
• Damage caused to the car chassis.
• Damage caused by hailstones or adverse weather conditions.

 

If the customer pays the excess deposit on delivery of their vehicle, in the event of damage to the vehicle during the rental, the customer will always be responsible for the costs of the repair up to the maximum amount of the excess paid, regardless of whether or not they are responsible for such damage, under no circumstances, A refund of any amount will be made at a later date.

The circumstances defined as unauthorised use in Section 16 of these Terms and Conditions will also be excluded from the insurance coverage.

The amounts corresponding to the various types of damage are included in Appendix I.

Those Customers not wishing to contract said insurance are required to leave a deposit of between 1,200 euros and 3,000 euros depending on the vehicle group reserved, which will be provided under the provisions of Section 9 of these Terms and Conditions.

1. Wheels and Windows Insurance including Roadside Assistance

The customer has the option to reduce their liability for damage caused to wheels and windows, as well as include the free roadside assistance service.

The insurance amounts will be as follows:

2. Star or All-inclusive insurance

The Customer has the option to reduce the liability or excess for damage caused to the vehicle by contracting the so-called “Star Insurance” or “All-inclusive Insurance”. The benefits of said insurance are:

• Reduced security deposit (see Section 9.c of these Terms and Conditions).
• Coverage for wheels and windows.
• Coverage for vehicle bodywork.
• Coverage for vehicle theft.
• Extended coverage for roadside assistance.
• Inclusion of the fine management fee.
• 2 hour grace period when returning the vehicle.
• One additional driver.

The insurance amounts will be as follows:

11. Additional fees

Our rates do not include additional insurance coverages or extra fees. Besides the payments that the Customer is required to make, the following additional fees will be applicable as the case may be:

All prices include VAT. The fees listed above must be paid when making the reservation or, otherwise, when collecting the vehicle if the services were not requested or expressed when making the reservation.

All prices include VAT. These fees will be deducted from the deposit provided, in accordance with Section 9 of these Terms and Conditions.

1. Extra mileage fee

The fee per additional kilometre will be 0.25 €/km. For vehicles in groups G2, the fee per additional kilometre will be 1 €/km.

2. Out of hours fee

All collections and returns made outside of opening hours (07:00 to 22:00) will be subject to an additional fee of 40 euros per service.

3. Towing service fee

The towing service is subject to an additional charge based on the distance to the office:

• 0-75 kilometres: € 90
• 76-150 kilometres: € 180
• 151-250 kilometres: € 360
• 251 kilometres or more: € 400

This fee will not be applicable when contracting the Star Insurance.

Return or abandonment of the vehicle somewhere other than the location agreed in the Contract, entitles NIZA CARS to charge the Customer an amount of 0.20 euros for each kilometre of distance from the location where the vehicle should have been delivered, without prejudice to any costs that may be incurred as a result of needing to use a towing service.

4. Fines, tolls, penalties and legal costs

The Customer will be liable for any fines, tolls, penalties and legal costs incurred through traffic offences, parking offences, breaches of the law or other regulations and by-laws, including congestion charges or road traffic limitation charges where applicable, applied to the vehicle for acts taking place during the rental period and the Customer will be identified as the individual responsible for the same.

If the vehicle receives a fine during the rental period, an administrative charge of 40 euros will be applied for administrative management, except for those Customers who contract the Star Insurance.

5. Special or extraordinary cleaning fee

If the vehicle requires special, extraordinary or intensive cleaning upon its return due to the condition in which it is returned, NIZA CARS may charge up to a maximum of 120 euros for special cleaning services. A fee of 30 euros will be charged per section of the vehicle requiring this service. The vehicle sections in this regard are: front (dashboard and/or front seats); middle (back seats) and rear (boot and/or rear shelf). Up to four sections will be applicable to 8- or 9-seater vehicles and vans, with the middle section subdivided into two.

This fee will be applicable under the following circumstances, among others: vomit, blood, mud, food or drink stains, tobacco odour and dirt caused by animals.

The Customer will be notified of this fee following examination of the vehicle upon its return.

6. Damage repair fee

Under the following circumstances, the Customer will be liable for any repair costs due to damage caused to the vehicle in the event of an accident:

• The vehicle was not used according to the terms and conditions agreed or the Highway Code in place at the time of the rental.
• The accident report (either the ‘Amicable Accident Declaration’ - DAA or ‘Accident Report’) was not completed and sent to NIZA CARS within 24 hours of the accident, or said report does not present a true and accurate account of events.
• The damage stems from an accident that occurred because the Customer did not correctly assess the height of the vehicle or the damage stems from use of a road unsuitable for driving on (i.e. not a public road).
• The corresponding extra insurance was not contracted (see Section 10 of these Terms and Conditions).

The amount of the fee charged to the Customer for damage caused to the vehicle in the event of an accident will be calculated according to the appraisal made by the external expert service used by NIZA CARS. When such an appraisal cannot be made, the amount resulting from an initial valuation by qualified personnel from NIZA CARS based on prices published in Appendix I to these Terms and Conditions will be charged, the existence and amounts of which the Customer declares knowledge and accepts. Furthermore, NIZA CARS reserves the right to claim payment for hidden damages or defects that may be discovered subsequently or appear when repairing the vehicle.

7. Smoking fee

It will be considered unauthorized use smoking inside the vehicle, and will be penalized with a charge of € 90 if this is the case.

8. Outside of Spain fee

The visit to Portugal -exclusive for reservations in Malaga office- or Andorra & France -exclusive for reservations in Barcelona-, must be previously notified by the customer, paying the corresponding supplement. If it is detected that a vehicle circulates without prior notice in the indicated countries, the client will be charged the maximum amount established for this purpose, charge for Portugal € 135, and for Andorra or France € 225.

9. Driving in Gibraltar

It will be the client's obligation to communicate this circumstance or, otherwise, it will be excluded from any coverage.
Only available for deliveries at our office in Malaga.

If it is detected that a Vehicle circulates without prior notice at Gibraltar, the client will be charged the máximum amount established for this purpose, 90 €.

10. Charge for modifications of seats in Minibuses

It is strictly forbidden any modification or change of the seats of the Minibuses during their rental, if the return is detected that they have been modified, the client will be charged the amount established for this purpose, € 300.

11. Charge for driving out of the peninsula without prior notice

If it is detected that a vehicle is driving in a country not allowed in our general conditions, an additional penalty will be applied between € 300 to € 3,000.

At any event, the Customer will be liable for all costs stemming from the loss or damage of tools, keys, accessories, equipment, vehicle interiors, vehicle chassis, vehicle roof and problems stemming from refuelling errors.

In the event that any technical modifications are made or any characteristics of the vehicle are altered, including the interior and/or exterior appearance of the vehicle, the Customer will be liable for the costs incurred in returning the vehicle to its original condition and an amount in compensation for the days that the vehicle is unavailable while being returned to its original condition.

NIZA CARS also reserves the right to charge compensation to the Customer for lost profits owing to unavailability of the vehicle due to the damage incurred or return of the vehicle to its original condition. Said compensation will be calculated on the number of days needed for repair of the vehicle and/or return of the vehicle to its original condition, as defined by the external expert service used by NIZA CARS or, after completing the repair, counting one day per effective day of unavailability and using the daily rental rate contracted by the Customer multiplied by the number of days the vehicle was unavailable to quantify the amount of compensation.

At any event, the maximum liability for the Customer will be the market value of the vehicle based on the maximum price established in the Ganvam guide valid at the time of the accident.

The costs incurred as a result of vehicle repairs and/or return of the vehicle to its original condition will be deducted from the deposit. If the cost of repair is higher than the deposit, an additional charge will be made to the Customer’s card or a letter will be sent to the Customer claiming payment of an amount calculated in accordance with the above.

12. Vehicle condition and return

The Customer receives under rental the vehicle described in the rental Contract, in perfect working order, with all its documents, tyres, tools and accessories, unless stated otherwise in the Contract, and undertakes to maintain the vehicle in the same condition and drive the vehicle according to the Highway Code and the provisions of these General Terms and Conditions.

The Customer will return the rented vehicle in the same condition in which it was provided, together with all its documents, tyres, tools and accessories, in the location, on the date and at the time agreed in the rental Contract.

13. Fuel policies

The fuel prices will be subject at all times to the official price fluctuation for oil published when entering into the rental contract.

Measurement of the fuel tank will take place using a system of eighths (1/8) until such time as the precise refuelling amount is known, which will be charged in litres.

Whenever the Customer does not return the vehicle according to the refuelling policy, an additional fee of 30 euros will be charged for the refuelling service. A margin of 2 litres will be permitted.

1. Full to full

The vehicle is delivered with a full fuel tank and must be returned with the same fuel level. If the vehicle is not delivered full, the Customer will be required to return the vehicle with the same level of fuel (calculated in eighths of a tank).

NIZA CARS will block, pre-authorise or charge an amount for fuel on the card used by the Customer for payment when delivering the vehicle. This amount will depend on the group or model of vehicle received, the market price for fuel and the type of fuel recommended by the manufacturer.

If the Customer does not return the vehicle with the same fuel level as when it was received, the fuel charge will be applied as well as an additional charge of 30 euros for the refuelling service.

2. Full to empty

The Customer must pay the refuelling service fee of 30 euros as well as the tank of fuel based on the market price for fuel and the type of fuel recommended by the manufacturer.

The fuel prices will be subject at all times to the official price fluctuation for oil published when entering into the rental contract.

 

14. Payment obligations

The Customer undertakes to pay NIZA CARS:

1. The fees for rental of the vehicle, delivery and return, insurance coverage and certain taxes on the current rate applied by NIZA CARS (hereinafter, the “General Rate”) that was previously communicated to the Customer. Application of the initially agreed rate is contingent upon return of the vehicle taking place in the location, on the date and at the time agreed. The rates may vary based on the season and the offices. Hence, the Customer will be responsible for checking the applicable rate before entering into a vehicle rental contract.
2. When not contracting the Star Insurance, the Customer will pay the deposit in accordance with Section 9.a of these Terms and Conditions.
3. The additional fees corresponding to Section 11 of these Terms and Conditions.
4. The price charged for fuel under the Fuel Policy defined in Section 13 of these Terms and Conditions.
5. The damage caused to the vehicle according to the coverage contracted or, in the event of unauthorised use, see Section 16 of these Terms and Conditions.

15. Customer obligations for damage or accident

In the event of an accident, the Customer undertakes to:

1. Obtain and send to NIZA CARS within 24 hours of the incident complete information about the other party involved and possible witnesses by completing an accident report (Amicable Accident Declaration - DAA) containing the registration details, name and address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurer and, if possible, the insurance policy number. All this information must be signed by the two drivers involved in the accident; or, if this cannot be done, the “Accident Report” that will be provided by NIZA CARS.
2. Immediately notify the authorities if culpability of the other party should be investigated or if people were hurt.
3. Not abandon the rental vehicle without taking suitable measures to protect it.

In the event of an act of vandalism, fire, theft or disappearance of the vehicle, the Customer undertakes to immediately notify NIZA CARS of the incident and report said incident to the pertinent authorities, providing NIZA CARS with a copy of the report as soon as possible.

16. Unauthorised use

The Customer will be required to use the vehicle with due care, in accordance with the characteristics thereof, respecting the Highway Code in force and preventing any situation that could cause damage to the vehicle or third parties.

The vehicles are not authorised to leave the Iberian Peninsula unless previously communicated to NIZA CARS and express authorisation is received from NIZA CARS accompanied by the corresponding payment for use of the vehicle outside Spain (see Section 11 “Additional fees” of these Terms and Conditions).

Similarly, the Customer must not allow anyone besides those authorised under this contract to drive the vehicle. The Customer is directly liable for any damage caused to the vehicle or third parties under such circumstances.

The Customer will be fully liable for any damage caused to the interior and exterior of the vehicle through unauthorised use thereof, in which case the Customer will be required to pay all costs incurred in accordance with Section 11.f of these Terms and Conditions.

Consequently, any use of the vehicle in breach of a rule or reasonable and diligent use of the vehicle, as well as, particularly, the provisions of these Terms and Conditions, will be considered as unauthorised use.

Unauthorised use includes but is not limited to the following:

1. Pushing or towing any other vehicle.
2. Driving in places that are not suitable for public access, such as beaches, race tracks, forest tracks, estate roads, etc.
3. Driving on roads that are not tarmacked or paved, which may cause damage to the vehicle.
4. Driving the vehicle in restricted areas, including, more specifically, airport runways and others carriageways associated with aeronautic and/or military use.
5. Negligence or omission with regard to the illumination of indicator lights or warning signs on the rental vehicle dashboard.
6. Transportation of goods or animals, especially dangerous, inflammable and/or substances that may harm the vehicle or its passengers.
7. Transportation of people or goods that directly or indirectly imply payment to the Customer.
8. Subleasing the vehicle.
9. Use of the vehicle in any other activity that breaks the law.
10. Transportation of a number of people or amount of luggage exceeding the vehicle's authorised load weight.
11. Any type of manipulation of or interference with the milometer. Any malfunction thereof must be immediately communicated to NIZA CARS.
12. Transportation of luggage or any other element on the roof of the vehicle, even when using a suitable device to do so.
13. Driving the vehicle when tired or with reduced physical faculties, either due to illness, ingestion or being under the influence of alcohol, medication or drugs.
14. Reckless driving or driving contrary to the Highway Code.
15. Using the vehicle to teach another person to drive under any circumstances and/or teaching any special skills at the steering wheel.
16. Allowing a person who is not authorised by the rental agreement as a driver and/or additional driver(s) to drive the rental vehicle.
17. Driving the vehicle outside of the Iberian Peninsula, unless previously notified to NIZA CARS and with written authorisation from NIZA CARS.
18. Using the vehicle once the rental period has expired.
19. Participating in competitions or similar events with the vehicle.

17. Joint and several liability

All Customers and/or authorised additional drivers will be jointly liable for all obligations of the Customer under this Contract and the laws applicable thereto.

18. Theft and loss of personal belongings

NIZA CARS accepts no liability for stolen, forgotten or lost belongings inside the vehicle.

19. Mandatory approved child restraint device

If using the vehicle to transport children who need to use a restraint device, the Customer must notify this to NIZA CARS so the corresponding mandatory approved restraint device based on the weight and size of the child or person needing to use it can be provided following payment of the corresponding rental fee.

The Customer may also use their own restraint device provided that the device is not permanently anchored to the vehicle.

The Customer will always be responsible for installation of the device.

20. Cancellation policy

NIZA CARS reserves the right to cancel delivery of the vehicle in the event of doubts surrounding the financial capacity of the Customer or a history of non-payment or incidents with NIZA CARS or the public authorities.

NIZA CARS reserves the right to withhold the vehicle if the customer does not have a return flight – the customer may be required to show the corresponding flight ticket in such cases.

NIZA CARS also reserves the right to terminate this Contract prematurely with immediate effect and without compensation for the Customer if information were to come to light that:

1. Seriously questions the financial solvency of the Customer and their capacity to pay the costs of this Contract and other obligations stemming herefrom.
2. Proves that the Customer is in breach of the contract signed with NIZA CARS or is making unauthorised use of the vehicle in accordance with the provisions of Section 16 of these Terms and Conditions.

21. Personal data processing policy

For the purposes of Regulation (EU) 2016/679 of the European Parliament and of the Council and Spanish Constitutional Law 3/2018, as well as the regulations governing services of the information society and e-commerce, we hereby inform you that your personal data will be processed in accordance with the following:

Who is the Data Controller for your data?

1. Details of the Data Controller: CONNEXCARS, S.L. (hereinafter, “NIZA CARS”)
2. Address: 40 Avenida Comandante García Morato, Malaga
3. E-mail address: comercial@nizacars.es
4. Telephone: 952 236179

For what purpose do we process your data?

CONNEXCARS, S.L. mainly processes the personal data you provide for the following purposes:

1. To manage, maintain and develop the contracted vehicle rental services.
2. To conduct quality control on the contracted products and services.
3. To respond to your queries and requests.
4. To send you information on products or services from CONNEXCARS, S.L. that are similar to those you may have contracted in the past. You may, at any time, object to said information being sent to you.
5. To share your data with MARFINA, S.L. for the purpose of maintaining the commercial relationship that exists with you via satisfaction surveys and market studies and by sending information related to products and services, news and offers from the MOVENTIA GROUP, with such information possibly being tailored to your specific profile and sent electronically. You may, at any time, object to said information being sent to you.
6. To locate the rented vehicle in the event of theft or suspected theft, accident or suspected accident, or unauthorised border crossings for the purpose of verifying compliance with the general terms and conditions of the service.
7. To comply with the legal obligations applicable to NIZA CARS.

What are the legal grounds for processing your data?

The legal grounds that legitimise the processing of your personal data by NIZA CARS for the aforementioned purposes are as follows:

1. Purposes 1 and 2: the performance of a vehicle rental contract.
2. Purposes 3, 4 and 5: your consent.
3. Purpose 6: the legitimate interest of NIZA CARS to guarantee vehicle security and to prevent financial damages stemming from any unlawful use of the rented vehicles. The result of the legitimate interest balancing test can be obtained by sending an e-mail to comercial@nizacars.es
4. Purpose 8: compliance with the legal obligations applicable to the Data Controller as contained in legally binding rules and regulations.

How long will we keep your data?

We will keep your personal data for as long as necessary to manage and administrate the contractual relationship or until such time as you withdraw your consent. At any event, your data will be kept until you ask for them to be erased or for as long as necessary to comply with the corresponding legal obligations based on the type of data in question.

With whom will the data be shared?

If you grant consent for this purpose, your data may be shared with MARFINA, S.L. for the purpose of maintaining the commercial relationship with you.

Furthermore, your data may also be shared with State law enforcement agencies and/or competent Judges and Courts for compliance with applicable legal obligations, as the case may be.

What are your rights as data subject?

Access
You may obtain confirmation of whether or not we are processing your personal data, as well as consult your personal data that are included in our files.

Rectification
You may amend your personal data when they are inaccurate, as well as complete any that are incomplete.

Erasure
You may erase your personal data when, among other reasons, the data are no longer necessary for the purposes for which they were collected.

Objection
You may ask for your personal data not to be processed. We will stop processing your data, except for overriding legitimate reasons or the exercise/defence of possible complaints.

Limitation on processing
You may ask for restrictions to be imposed on the processing of your data under the following circumstances:

1. While the accuracy of your data is being challenged.
2. When the processing is unlawful, you object to the erasure of your data and request a restriction on the use thereof. Whenever we do not need to process your data but you need them to lodge or defend a complaint.
3. When you have objected to the processing of your data for compliance with action taken in the public interest or to meet a legitimate interest, while checks are performed to verify that the legal grounds for processing take precedence over yours.

Portability
You may receive, in electronic format, the personal data you have provided and those that may have been obtained from your contractual relationship with NIZA CARS, as well as share them with another entity.

You are entitled to exercise these rights, as well as to withdraw your consent for any purpose for which you may have previously granted your consent, by sending a written request by e-mail to comercial@nizacars.es. You may also contact the Spanish Data Protection Agency via the website at www.aepd.es/es.

22. Customer services

For any additional information or to make a suggestion, claim or complaint, you may contact NIZA CARS, Customer Services Department, Avenida Comandante García Morato Nº 40-42, Tel. (+34) 952 236 184 / (+34) 952 236 179 or by email at comercial@nizacars.es.

23. Applicable legislation and jurisdiction

These General Terms and Conditions of Business are subject to the provisions of Spanish Royal Legislative Decree 1/2007, of 16 November, approving the Consolidated Text of the Spanish General Law on the Defence of Consumers and Users, and other complementary laws, amended by Spanish Law 3/2014, of 27 March; Spanish Law 44/2006, of 29 December, on improvements in the protection of consumers and users; the regional regulations in force in the place of provision of service, and any other regulations that replace, complement or amend the above regarding all applicable issues.

These general terms and conditions will not apply to special or corporate tariffs as the latter will be subject to previously agreed special terms and conditions.

Any disputes will be resolved by the competent tribunals under the Spanish Civil Procedure Act.

24. Translation

The full text of these Terms and Conditions, as well as the Appendices hereto or the contracts or documents stemming herefrom, were originally drafted in the Spanish language. Said Spanish language version is considered as the official version and will take precedence regarding any interpretation required in the event of a discrepancy with other versions.