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General conditions

 

 

NIZA CARS GENERAL TERMS AND CONDITIONS (2019)

The aim of these General Terms and Conditions is to regulate the information and contractual relationship between SPAIN PROJECT BIENE MAYA S.L. (hereinafter the "Rental company" or "NIZA CARS", interchangeably) and you (hereinafter the "Renter"). These general terms and conditions shall apply to rental services booked in person at the NIZA CARS offices or online via the website www.nizacars.es, owned by NIZA CARS, holder of corporate fiscal number B87921219 at registered office AVDA. COMANDANTE GARCIA MORATO, 42. MALAGA (MALAGA) (SPAIN).

The act of booking a vehicle constitutes unreserved acceptance of each and every one of these General Terms and Conditions by you, the Renter.

NIZA CARS reserves the right to amend these General Terms and Conditions at any time without prior notice and publish said amendments on its website so that you are able to access them before making a booking.

  1. DOCUMENTATION

To book and pick up a vehicle, you must produce a valid driving licence and your identity card or passport if you're a European citizen, or both documents if you're a non-European citizen.

You must produce your booking confirmation when picking up the vehicle.

For airport pick-ups, you must show your flight number.

  1. MINIMUM / MAXIMUM AGE LIMITATIONS

Drivers must be at least 21 years of age and have held a driving licence for at least one year prior to pick-up.

Drivers must be under 79 years of age.

Drivers under 25 years of age or holding a driving licence for between 1 and 4 years, will pay a young driver surcharge of €7 per day (minimum €21, maximum €91 per rental).

  1. RENTAL VEHICLE

The rental is not necessarily linked to a specific vehicle (make/model, colour, specifications, etc.) but a group of vehicles with the similar technical specifications and comfort, which will be outlined in the Rental Agreement.

  1. RENTAL PERIOD

The rental agreement duration is 24 hours from the time that you pick up the vehicle until you drop it off with its keys and NIZA CARS documentation.

One (1) hour grace period is applied to the end of the rental period (or two [2] hours if you purchase the STAR Insurance).

If you were to drop off your vehicle more than 60 minutes after the end of the agreed rental period, you will be charged for one (1) extra day in accordance with the current rate for every day that drop-off is delayed, plus an additional fee of €30 for the late drop-off.

The rental period is stated on page 1 of the rental agreement, which details the pick-up and drop-off dates and times.

We are unable to provide refunds for unused time or extras if you were to decide to return the vehicle before the date stated in the rental agreement.

The maximum rental period permitted is 30 days.

NIZA CARS is authorised to charge you the rental amount corresponding to the number of days that drop-off is delayed in agreement with the rate applicable at that moment in time.

NIZA CARS reserves the right to take the legal action it deems necessary in the event that the vehicle disappears or is not returned.

  1. RENTAL AGREEMENT EXTENSION

You must drop the vehicle off by the date and time detailed in the previous clause.

Should you wish to extend the rental period, you must go to the NIZA CARS office in person to sign the extension agreement.

Agreement extensions cannot be made via telephone or any other means of electronic communication in any case.

If you were to decide to extend the agreement without prior authorisation from NIZA CARS, it will be considered as unauthorised vehicle use for the purposes of your liability for any damage that could be caused to the vehicle.

The amount paid as a security deposit will not serve to pay for the agreement extension in any case.

To this end, if you were to extend the rental agreement, you must make an additional payment for said extension, which shall apply the current rate at that time.

If the rental agreement extension is not possible due to a lack of vehicle availability or due to any other reason, you must return the vehicle on the date and time agreed at the offices agreed.

Depending on the original rental agreement terms and conditions, NIZA CARS may decide to draw up a new rental agreement when rental extensions are requested, thus cancelling the current rental agreement.

The new agreement shall imply the payment of the rental in accordance with the rates applicable at that moment in time.

  1. PAYMENT METHODS AND CONDITIONS

Accepted payment methods: Credit card (Visa and MasterCard), debit card and cash.

We do not accept payment with Diners Club or American Express.

If you were to pay via debit card or in cash, the sum of €900 with a Credit Card shall be held on your card (regardless of the amounts to be paid for the security deposit), which shall be refunded when the vehicle is dropped off, after subtracting any additional charges that may be applicable in accordance with these General Terms and Conditions. If you were to pay using a debit card and purchase the STAR insurance, no amount (€0) shall be withheld on your card.

The credit card holder must be the main driver on the rental agreement.If this is not the case, STAR insurance must be purchased.

You must produce the credit card that was used to make the booking when you pick up the vehicle.

The credit card holder must be the main driver and if he/she does not wish or is not able to drive the vehicle, additional driver fees shall apply.

Our rental rates include: VAT, taxes, unlimited mileage, collision damage waiver (CDW) with excess, vehicle passenger insurance and insurance against theft with excess (except personal belongings); replacement vehicle in the event of a breakdown or accident; and cancellations and amendments.

Groups F5 and G2 have limited mileage to 2000 km per vehicle with a supplement of € 1 for each extra kilometer. The customer can avoid this supplement by changing the vehicle during its rental in our facilities at no extra cost.

Barcelona airport has limited mileage.

Limited mileage for Barcelona Airport
From 1 to 6 days 300 Km per day included
From 7 to 20 days 150 Km per day included
From 21 to 30 days 100 Km per day included

Any aditional km has an extra cost of 0.20€ per extra kilometer.

Payments and refunds shall be made in euros (€). NIZA CARS does not hold itself liable for any differences in currency rates and commissions that your bank may apply.

Our rates do not include fuel or additional insurance.

  1. PAYMENT OBLIGATIONS

You, the Renter, must pay NIZA CARS for:

  1. Vehicle rental charges, pick up and drop off, insurance and taxes outlined in NIZA CAR's current rate (hereinafter General Rate), of which you shall be previously notified. Application of the originally agreed rate is subordinate to the vehicle being dropped off at the foreseen place, date and time.Rates may vary depending on the season and offices. You, the Renter, shall therefore be responsible for checking the rate that applies.
  2. The Deposit in accordance with Clause 17, save if you purchase the STAR Insurance.
  3. The applicable additional charges in accordance with Clause 8.
  4. The amount charged for fuel in accordance with the Fuel Policy foreseen in this document (Clause 10).
  1. ADDITIONAL CHARGES

In addition to your payment obligations, the following additional charges shall be applicable, where relevant:

  1. Drivers under 25 years of age or holding a driving licence for between 1 and 4 years, will pay a young driver surcharge of €7 per day (minimum €21, maximum €91 per rental).
  2. The additional driver fee shall be €7 per day per additional driver (minimum €21 per day, maximum €91 per rental).
  3. Additional insurance costs shall be applicable if you were to drive the vehicle in Portugal. Said additional charges shall be €9 per day (minimum €27, maximum €135). You must let us know if you wish to drive the vehicle in Portugal, otherwise you will be exempt from insurance cover.
  4. Child seats (9 kg-18 kg) and booster seats shall cost €7 per day (minimum €21, maximum €91 per child seat or booster and rental).
  5. Pick-ups and drop-offs outside of Niza Cars office opening hours (10.00 p.m. to 7.00 a.m.) shall incur an additional charge of €40.
  6. The vehicle towing charge have a cost depending the distance of broken down (0-75Km 90€, 76-150Km 180€, 151-250Km 360€,  > 251Km 400€) . This charge shall not be applicable with the STAR Insurance.
  7. The loss, breakage or dropping off of vehicle keys to an office that is different to that agreed shall incur an additional charge of up to €220.
  8. If you were to abandon or drop off the vehicle somewhere other than the place detailed in the rental agreement, NIZA CARS is authorised to charge you €0.20 for every kilometre from the point that the vehicle should have been dropped off, without detriment to the expenses that, where relevant, could be incurred as a consequence of the need to use a tow truck, in accordance with section f).
  9. Loss of documentation and charges incurred requesting a copy from the relevant administrative body: €30.
  10. Fee for managing accident report: €30. This fee shall always be applicable when you do not produce a correctly filled out accident report in accordance with Clause 12.
  11. Fee for managing fines before the competent authority: €30. This service shall be free if you were to purchase the STAR Insurance.
  12. Tolls, fines, sanctions and legal expenses incurred due to traffic offences or breaches of laws, regulations and ordinances (including congestion fees or road traffic restrictions, where necessary) that you may incur during this rental agreement and which are settled by NIZA CARS.
  13. NIZA CARS shall apply a Special Cleaning fee of €90 if you were to drop the vehicle off in an excessively dirty condition. To this end, this fee includes but is not limited to the following possible circumstances: vomit, blood, mud, spillages, food stains and dirt caused by animals.

Sections a) to d) shall be paid at the time of booking or, where relevant, at the time of pick-up if they were not requested or stated at the time of booking.

The remaining circumstances shall be charged to the Deposit, in accordance with Clause 17. You shall be informed of the fee concerning section m) after the vehicle has been inspected.

Similarly, you shall be liable for the repair costs for damages caused to the vehicle in the event of an accident, when any of the following circumstances were to occur:

  1. If the vehicle was not used in accordance with the conditions set out.
  2. If the accident report, either the European Accident Statement or the "Incident Report" were not completed and delivered to NIZA CARS within the time agreed, or if it did not reflect the real sequence of events.
  3. If the damage were due to you not correctly assessing the height of the vehicle.
  4. If the corresponding extra insurance were not purchased (see Clause 11).

The total that you are charged due to damages caused to the vehicle in the event of an accident, shall be calculated considering the expert valuation conducted by an external loss adjuster, or in the event that said loss adjustment cannot be conducted, you shall be charged the amount deemed valid via a preliminary valuation conducted by a qualified NIZA CARS staff member in accordance with the rates indicated in Attachment 1 of these general terms and conditions. You accept to have read said Attachment and agree with the rates detailed.

You shall also be responsible for the expenses incurred due to loss, deterioration or damages to rims, tyres (including punctures or blowouts), tools, windows, rear-view mirrors, accessories, vehicle interiors, or any issues due to refuelling with the wrong fuel.

Furthermore, you are not permitted to modify any of the vehicle's technical specifications, keys, tools and/or accessories, nor shall you be permitted to modify its exterior/interior appearance. Otherwise, you shall be responsible for the pertinent expenses to return the vehicle to its original state, and shall have to pay an amount for compensation.

NIZA CARS similarly holds the authority to charge you compensation for the loss of revenue due to the vehicle being immobilised as a consequence of damages caused or to return the vehicle to its original condition. Said compensation shall be calculated based on the number of days needed to repair the vehicle and/or to return the vehicle to its original state, in accordance with the valuation conducted by an external loss adjuster, or once the repair has been undertaken, calculating one day for every day that the vehicle were immobile, using the daily rental rate contracted by you and multiplying it by the days that the vehicle were immobile.

In any case, your maximum liability shall be the vehicle's market value, in accordance with the maximum outlined in the Ganvam guide (guide written by the Spanish association of car traders, repairs and spare parts).

The expenses incurred as a result of vehicle repair and/or returning the vehicle to its original state, shall be charged to the Deposit, without detriment to having to settle an additional amount in the event that the cost of the repair were greater than the Deposit, in accordance with the paragraphs above.

In case the payment of the reservation is made online, the cancellation of the booking will have the following charges:

  1. STATE OF VEHICLE AND DROP-OFF

You, the Renter, shall receive the vehicle described in the rental agreement, in perfect operating conditions, with all its documentation, tools and accessories, with the proviso of undertaking the inspections as outlined in the rental agreement. Furthermore, you agree to preserve said conditions and drive the vehicle in accordance with the Spanish Highway Code regulations and those regulations here described in the General Terms and Conditions.

You must return the rental vehicle in the same state that it was at pick-up, together with its documentation, tyres, tools and accessories, at the place, date and time set forth in the rental agreement.

  1. FUEL POLICY

You, the Renter, understand that a fuel policy is in place for the vehicle rental, meaning that you must agree to one of the following options, always paying special attention to your financial needs and interests:

  1. FULL AT PICK-UP - FULL AT DROP-OFF

If you, the Renter, were to choose this option, the fuel cost shall be held on your card at the time of pick-up from the NIZA CARS premises, which shall depend on the market fuel price and the type of fuel recommended by the manufacturer. This shall be applicable for vehicle rentals of up to 7 days, and if the rental period were to be more than 7 days, the charge shall be made to the card.

You, the Renter, must return the vehicle with the same amount of fuel that was in the tank at pick-up. If not, you shall be invoiced for the difference based on eighths of a tank.

Similarly, for the record, this offer has been drafted by NIZA CARS, in the interest of its customers, in order to provide them with a service in accordance with customers' needs with regard to the smooth running of the service (for ease and comfort) and the total cost.

 

  1. INSURANCE

 

The rental fees include compulsory motor insurance and complementary civil liability insurance for damage to third parties caused by using and driving the vehicle.

These covers are guaranteed by the insurance company from which NIZA CARS has taken out the corresponding insurance policy, and are subject to the insurance policy's general and specific clauses and the Spanish law. By signing the rental agreement, you are understood to be the insured party of said policy.

Furthermore, the insurance policy covers damages to the vehicle caused as a result of a collision (except excess), theft (except excess), accidental fire or an act of vandalism, provided that they comply with the following conditions:

  1. In the event of a collision, you, the Renter, must send NIZA CARS the full details of the other party involved and any possible witnesses within twenty-four (24) hours of the incident. You must complete an accident report (European Accident Statement) detailing the vehicle registration, name and address of the other party involved, the circumstances in which the collision took place, a sketch of the accident, the name of the insurance company, and where possible, the insurance policy number. All documentation must be signed by the two drivers involved in the accident; however, if you were not to have a European Accident Statement, you must complete the "Incident Report", which shall be provided by NIZA CARS.
  2. If the insurance company does not reject the incident, as a result of not driving the vehicle under the physical and mental conditions required by the Spanish Highway Code.
  3. If the collision, theft, fire or act of vandalism did not occur during an unauthorised use of the vehicle, as listed in Clause 13.
  4. If you, the Renter, were to notify NIZA CARS of the collision, theft, fire or act of vandalism caused to the vehicle within a period of twenty-four (24) hours after it occurred, providing the pertinent documentation (accident report, statement to the authorities, etc.).

The Collision Damage Waiver (CDW) with excess does not include the following in any case:

  1. Damage to tyres, rims, vehicle interiors, external and internal rear-view mirrors, headlights, windows, chassis and bodywork.
  2. Vehicle theft.
  3. Tyre punctures and blow-outs.
  4. Damage to the clutch, engine, case, catalytic converter and/or radiator.
  5. The days that the vehicle is immobile until its repair.
  6. Towing expenses.
  7. Battery recharging.
  8. Refuelling errors.
  9. Damage to the vehicle bodywork.
  10. Missing tyre repair kit, security triangles, high visibility vests, antennae, child seats.

Damage caused to the vehicle due to prohibited use in accordance with Clause 13.

If you, the Renter, were to purchase the STAR Insurance, your liability for the damage caused shall be reduced and you shall be exempt from paying the security deposit (€900 - €2,000, depending on the vehicle group). By paying a daily rate, you, the Renter, are exempt from paying the deposit, and the following are covered by the STAR Insurance: tyre punctures and blowouts and damage to rims or tyres; damage to the locks, damage to vehicle chassis and roof; incorrect use of the clutch; damage to the windows; damage to bodywork; roadside assistance; refuelling errors; fees for managing fines; two (2) hours' grace period; the antenna; one (1) additional driver.

If you do not wish to purchase the STAR Insurance, you must pay a deposit of between €1000and €2000, depending on the vehicle group booked, which shall be paid in accordance with Clause 17.

The amounts corresponding to the different damages are outlined in Attachment 1.

Besides these guarantees, the cases outlined as unauthorised shall be exempt from the insurance cover.

In any case, the following aspects are not covered by any insurance policy:

  1. Damage caused to the vehicle or third parties due to negligence.
  2. Loss of child or booster seats, safety triangles, high visibility vests, documentation, rear shelves, jacks, repair kits.
  3. Paying fines.
  4. Driving under the influence of alcohol and/or drugs.
  5. Transportation of illegal substances.
  6. Theft with keys left in the vehicle.
  7. Loss, damage or theft of keys.
  8. Burnt or broken seats.
  9. Damage caused to the engine due to negligence.
  10. Damage caused due to the infringement of highway regulations.
  11. Damage caused by driving on unsuitable roads.

 

  1. YOUR OBLIGATIONS

In the event of an accident, you, the Renter, agree to:

  1. Obtain and send NIZA CARS the full details of the other party involved and possible witnesses within twenty-four (24) hours of the incident, completing an accident report (European Accident Statement), detailing the vehicle registration, name and address of the other party involved, the circumstances in which the collision took place, a sketch of the accident, the name of the insurance company, and where possible, the insurance policy number. All documentation must be signed by the two drivers involved in the accident, however, if you fail to have a European Accident Statement, you must complete the "Incident Report", which shall be provided by NIZA CARS.
  2. Immediately inform the authorities if the other party's involvement in the incident should be investigated or if people have been injured.
  3. Not leave 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, you must immediately inform NIZA CARS of the incident and report said incident to the pertinent authorities, providing NIZA CARS with a copy of the statement you made as soon as possible.

  1. UNAUTHORISED USE

You, the Renter, must use the vehicle with due diligence, in accordance with the vehicle specifications, respecting the highway code in force, and preventing, in any case, any situation that could cause damage to the vehicle or third parties.

Our hire vehicles are not authorised to leave the Iberian Peninsula (Spain and Portugal).

Similarly, you, the Renter, must not allow any other person to drive the vehicle that is not authorised by this rental agreement. You are directly liable for any damage caused to the vehicle or third parties in such case.

You, the Renter, shall be fully liable for the damage caused to the vehicle's interiors or exteriors due to unauthorised use of the vehicle, in which case, you shall have to pay all the expenses incurred in accordance with Clause 8.

As a result, any use of the vehicle that infringes a correct and diligent use of the vehicle, as well, more specifically, those uses outlined in the paragraphs above, shall be considered an unauthorised use.

Unauthorised use includes but are 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, car race tracks, forest tracks, estate roads, etc.
  3. Driving on roads that are not tarmacked or paved, which may be susceptible to causing 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. Negligent action with regard to the illumination of indicator lights or warning signs on the rental vehicle dashboard.
  6. Transportation of goods or animals, especially dangerous substances, inflammables and/or those substances that may harm the vehicle or your passengers.
  7. The transportation of people or goods that directly or indirectly imply payment.
  8. Subleasing of the vehicle.
  9. The use of the vehicle in any other activity that infringes 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 mileometer; you must immediately inform NIZA CARS of any mileometer malfunctioning.
  12. Transportation of luggage or any other element on the roof of the vehicle, even if you use a suitable device to do so.
  13. Leaving objects on view in the vehicle that could be susceptible to theft, and therefore the subsequent damage to the vehicle.
  14. Dirtying of the vehicle's interior in excess to what is considered to be of reasonable and careful use.
  15. Driving the vehicle in a state of fatigue, ill or under the influence of alcohol, medication or drugs.
  16. Reckless driving or driving in contrary to the highway code.
  17. Using the vehicle to teach another person to drive in any circumstance and/or teaching any special skills at the steering wheel.
  18. Allowing a person, who is not authorised by the rental agreement as a driver and/or additional driver(s), to drive the rental vehicle.
  19. Driving the vehicle outside of the Peninsula.
  20. Using the vehicle once the rental period has terminated.
  21. Driving the vehicle with affected physical faculties, either by the intake of alcohol, drugs, medication or due to illness.
  22. Participating in competitions or similar events with the vehicle.

 

  1. DRIVING LICENCE

You must hold a driving licence that is valid in the country where you shall pick up the NIZA CARS vehicle. You are directly responsible for ensuring that your licence is valid and approved, agreeing to not hold NIZA CARS liable under any concept.

You, the Renter, must hold your licence for at least ONE (1) year before the pick-up. If you are TWENTY-FIVE YEARS of age or under, special conditions shall apply, which may incur an additional fee, in accordance with Clause 2.

  1. JOINT AND SEVERAL LIABILITY

All authorised drivers and/or additional drivers shall hold joint and several liability for all customer obligations borne in the rental agreement and the laws applicable to it.

  1. THEFT AND LOSS OF PERSONAL BELONGINGS

NIZA CARS does not hold itself liable for stolen, forgotten or lost belongings inside the vehicle.

  1. DEPOSIT

On signing this rental agreement, and in the event that you do not purchase the STAR Insurance, you shall have to pay a security deposit of between €900 and €2,000 depending on the rental vehicle's group, as a guarantee of compliance of the general terms and conditions of the rental agreement.

This Deposit shall be settled in cash or by holding the amount on your credit card for a period of 7 days.

If said amount were paid in cash, it shall be reimbursed at the time of drop-off, once the necessary inspections of the vehicle are made and in compliance with the general and specific terms and conditions of the rental agreement.

If said amount were to be held on your credit card, it shall be held for a period of 7 days to guarantee your payment obligations are undertaken, and in accordance with these General Terms and Conditions, if any additional charge were necessary subsequent to this period, it shall be debited from the card. You shall receive prior notification of such, with an itemised summary of the pending payments.

If you were to extend the rental agreement, the Deposit shall be proportionately increased in accordance with the number of days extended.

  1. CHILD SAFETY REQUIREMENTS

In the event that, you, the Renter, were aware that you are going to carry a child/children (weighing 9 kg - 18 kg) , you must communicate such to NIZA CARS so that we are able to provide you the corresponding child seat(s) or booster(s) as required by law in accordance with the child/children's weight and size. Said child seat(s) or booster(s) shall be invoiced prior to the rental rate and SHALL NOT BE FITTED IN THE VEHICLE, as you shall always be responsible for fitting the child seat in the vehicle.

  1. RIGHT TO CANCEL

NIZA CARS reserves the right to cancel your booking prior to pick-up with reasonable notice in accordance with the circumstances that may arise in the event that we were to doubt your financial capacity or due to previous outstanding payments or incidents with NIZA CARS.

NIZA CARS reserves the right to terminate this rental agreement prematurely with immediate effect and without compensation if it were to be in possession of information that:

  1. Proves your solvency and ability to settle the costs of this rental agreement and the remaining obligations deriving from such were to become a serious concern.
  2. Proves you were to breach the rental agreement underwritten with NIZA CARS or you were making unauthorised use of the vehicle in accordance with Clause 13.

 

  1. PERSONAL DATA POLICY

In accordance with the provisions of the current regulations on personal data protection and information society services and electronic commerce, NIZA CARS would like to inform you that your personal data are to be included in an automated personal data file created by and under the responsibility of this company, at the address Avenida Comandante García Morato, No. 40, Málaga (SPAIN), so as to manage the rental services contracted and keep you up to date with offers, products and promotions that could be of interest to you, by email or any other equivalent method.

You are aware that you consent to us sending you publicity via email or equivalent method. You are able to revoke your consent at any time via written request to the following address: Avenida Comandante García Morato, No. 40, Málaga (SPAIN) or via email at: informatica@nizacars.es

Lastly, you can exercise your rights to access, rectify or cancel your personal data by writing to the Sales Department at: comercial@nizacars.es

In the event that the pertinent authorities were to require your identification, we shall proceed to provide them with said information.

  1. CUSTOMER SERVICE

If you were to require any information or would like to make a suggestion, claim or complaint, please contact NIZA CARS Customer Service Department, Avenida Comandante García Morato, No. 40, Málaga (SPAIN) either in person or in writing, by telephone +34 952 23 61 84/79, or by email comercial@nizacars.es

  1. GOVERNING LAW

The general terms and conditions of the rental agreement are governed by Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text for consumer and user rights, which will be applicable for any circumstance not foreseen by these general terms and conditions.

The rental agreement shall be subject to Spanish law. Any disputes shall be resolved in the competent tribunals as established in the Spanish Law on Civil Procedure.

  1. TRANSLATION

The translations of these general terms and conditions are for information purposes only and are not legally binding. Only the original copy in Spanish is considered legally valid.