Rent a Car Castelldefels OFR

Additional terms and conditions of the rental agreement



1. Contract purpose:

The object of this contract is the rental of a car “rental car” without driver and with the purpose of the private transport of passengers and their luggage. The “CLIENT” should have a copy of the contract at all times inside the vehicle rented.


2. Rental Period:

The rental period will be set in the Rental Agreement, within the start and end dates and times determined. Earlier return of the vehicle does not grant the RIGHT to a reimbursement of any amount due related to the rental, insurance or franchise. ONE FORMULA RENT, S.L. (onwards OFR) can repossess the car at any time in its sole discretion, with the only obligation to reimburse any possible deposits established by the Rental Agreement. The minimum rental period is one day (as one day equals 24 hours). The pick-up and return day will be charge on a 24 h basis. The pick-up and return day will charge on a 24-hour period.

     

    3. Contract extension:

    In the case that the contract will be extended, the CLIENT, has to notify OFR at least 24 hours before the RENTAL AGREEMENT expiration. The minimum extension period will be of 24 hours. The terms and conditions for the extension will be the same as the original RENTAL AGREEMENT, with the CLIENT agreeing to pay the seasonal rate applicable to the time of the year when the extension happens. In case there is no extension, or the extension happens after the end of the rental agreement, a fee of 60 € will be charged additional to the daily rate. In all cases, the extension will be optional for OFR who could demand the return at the end of the period established in the Rental Agreement.

     

    4. Car Return:

    If the car is not returned at the end of the Rental Agreement or approved extension, we will immediately notify the authorities and file for auto theft. If the car is lost, damaged or suffers a breakdown, while outside the rental agreement period and therefore uninsured, the Client will be responsible to pay for all loss and/or damage to the car regardless of cause, or who, or what caused it.

     

    5. Rates, settlement and payments:

    The rental price has been fixed accordingly to the current rates not including the IVA tax or the fuel service charge, which comes as a responsibility for the CLIENT. OFR can charge the CLIENT with a deposit to cover the minimum rental fare calculated based on the rental period, kilometers, franchise and services and a second deposit for incidentals. The deposit amount and guarantee will be determined by OFR The above-mentioned deposit will not be applied to the rent or could be used by the client to pay for the rental agreement obligations. The Final Payment will be due at the return of the vehicle, after deducting any applicable deposits, the total rental agreement price and any other charges, applicable among them, the no return of the vehicle, the object of this contract, or fuel service charge if applicable. At the same time any additional kilometer charges will apply. The CLIENT authorizes OFR to charge the final contract amount on the payment option agreed in the adverse page of this contract. Cancellation of the reservation will not entail charges as long as it is with notice of at least 48 h prior to the scheduled start of the rental. Otherwise, there will be a charge of 50% of the reservation already paid.


    6. Receipt, return, use and maintenance of the vehicle:


    A) Receipt and Return:

    The return and pick up of vehicles will be to the offices of OFR during office hours. Any return or pick-up outside of our office location and hours, will have to be requested before the return date and approved by OFR and may incur additional charges based on the final time and location of the return and/or pick up. The return more than 29 minutes late on the end time of the rental will entail a charge of 30 € +VAT x day of delay, plus the amount corresponding to the additional rental days (with a minimum of 30 € + VAT and 1 day’s rent).

    In the case that the CLIENT is authorized to return the vehicle in off hours, the CLIENT will continue to be responsible for the vehicle until it is inspected by someone from OFR within the first 2 hours of the next business day. Under no circumstances will there be a return/pick-up outside of Spain. The vehicle must be returned in the same conditions as received, after a careful review by CLIENT of the motor, steering wheel, body, breaks and tires, therefore declaring the Rental Company exempt of any possible liability resulting from the use of the vehicle and the passengers. OFR will not be liable for any delay in the delivery of the vehicle due to the manufacturer or dealer fault.


    B) Damage to the vehicle:

    The vehicle must be returned by the customer in the same condition in which it was delivered, along with all the tires tools, documentation and accessories. In the event of any damage both inside, burns stains on the upholstery, etc… and or damage to the outside, scratches, blows break mirror… the full deposit will be charged even if the vehicle already had damage prior to the start of the rental contract.


    C) Use and maintenance of the vehicle:

    The CLIENT agrees to keep the vehicle in good condition, inside and outside according to the legal regulations and instructions from the manufacturer for its use and maintenance (including oil levels, water, tire pressure). The CLIENT also agrees to always key lock the vehicle, attend to the vehicle at all times and make sure of the correct operation of the odometer. The fact that the vehicle cannot be used for any reason not attributable to OFR, does not excuse the CLIENT from fulfilling any payment obligation. OFR will assume any expenses related to the maintenance and repairs, including oil changes, any fluids, parts and labor, according to the recommendations made by the manufacturer and prior authorization request to 646.812.218. The CLIENT will return the vehicle along with all the tires, documentation, tools, accessories and equipment. If the CLIENT is not physically present, he will accept the review and verification done by OFR.


    D) Authorized drivers:

    The driver will always be designated as a permitted driver in the Rental Contract. The permitted driver should be 23 years old and have had a driver’s license for more than two years. Any authorised driver has been documented in the rental contract. The CLIENT will be responsible regarding the allocated drivers at all times and will be liable for the breach of this clause and any damages or losses incurred by this non permitted driver. A maximum of 3 additional drivers per contract will be included.


    7. Insurance:

    The vehicle is covered by the MANDATORY CIVIL RESPONSIBILITY INSURANCE and the VOLUNTARY CIVIL RESPONSIBILITY according to the general terms and conditions from the policy subscribed for it. Moreover, the policy covers Damages Defense and Claim, as well as the insurance for occupants’ insurance. Any trailer attachment must be notified in writing and previously authorized by OFR who will not be responsible for any damages caused by the unauthorized trailer. The CLIENT is fully responsible for all damages caused by any objects placed hanging or standing outside the vehicle, as well as any damages that the transported merchandise could cause. OFR will not be responsible for any damages, or the transport of merchandise in case of an accident or break down. The CLIENT authorizes OFR to charge the CLIENT with the payment option selected on this contract, for the term of the contract or after termination for any damages caused to the vehicle or third party that could be claimed under the circumstances stated above.


    8. Damages, loss or break downs:

    The CLIENT must obtain authorization from OFR calling 646.812.218 before commencing any repairs or reposition. OFR will not be responsible for the cost of any unauthorized repairs or repositions. Any breakdown caused by the driver’s negligence, any dent(s) in the bottom part of the vehicle, or caused by not following the manufacturer instructions or OFR, or caused by not responding to any alert by the instruments on board (temperature, oil or any other indicator of immediate stop, etc.) any error in fuel, water levels, wrong use of the clutch, or any damage caused by excessive dirt, flat tire or any damage to the tires or rims or damage to the vehicle interior will be the complete responsibility of the CLIENT. The CLIENT authorizes the charge of all the above-mentioned damage to the method of payment agreed in this contract. Furthermore, the CLIENT will be responsible for the loss or damage of the keys and remote controls, child car seat, antenna, jack, signs, vest, brush, fuel cap, navigation system or any other accessories.


    9. Accidents:

    The CLIENT must inform OFR within 24 hours of any damage or accident suffered by the vehicle, even in the case that the driver was a third person. In case of an accident, the driver should not self-incriminate as it could predetermine responsibility. The driver must obtain all the information from the other party and every detail of the accident (form, date, time, etc…). The driver must sign the complaint when requested by OFR or the insurance Company if fault from the other party is determined, and will have to appear in any course of action resulting by the complaint. The accident report must be sent to the offices of OFR.


    10. Prohibited Use of the Car:

    In addition to all the conditions stated above, the CLIENT cannot:

    • Drive the vehicle in Ceuta and Melilla, Islands or any foreign country, except if he has express written authorization from ONE FORMULA RENT, S.L.
    • Use the vehicle for illegal activities.
    • Use or drive the vehicle while the driver is under the influence of alcohol, or drugs.
    • Carry hitch-hikers or passengers for money without the express authorization from the renter.
    • Sublease the vehicle except if previously authorized from the rental company; Tow another vehicle, practice driving , use the vehicle in off-site roads, no paved roads or other areas, including such as by the Circulation Rules and Code.
    • Participate in races, competitions or any speed tests.
    • Hand over to a third party not part of the contract.
    • Carry more passengers and luggage or merchandise than the one recommended by the manufacturer.
    • Carry children without a security child seat or not following applicable legal security measures.
    • Commercial vehicles that transport merchandise classified as dangerous or special by the current Transportation Laws must done so after obtaining all pertinent permits and authorizations.
    • No marks or painting are allowed to the vehicle unless OFR previously authorizes it. If no authorization is issued OFR will charge the CLIENT the cost of removing all marks done to repair the car to the original condition.


    11. Traffic Violations:

    The CLIENT relieves OFR of all responsibility for any fines, sanctions and/or complaints that could result from any violations or infractions of legal regulations related to the use of the vehicle or any claims done by a third party related to the vehicle and its use. In the case that OFR would be assigned liability for the above-mentioned infractions, the CLIENT will have to pay OFR the costs of the fines and sanctions upon request and OFR. will charge the amounts using the same method of payment stated in this contract. The CLIENT is obligated to facilitate to OFR all the information about the driver, name, last names, address, Identity card date and number.


    12. Resolution:

    Breach of any of the conditions agreed in this contract, will result in the rescission of the contract. 

    In these cases, OFR will take the appropriate measures necessary for the immediate recovery of the vehicle avoiding incurring any liability for the presumed damages the CLIENT or third party are alleging, without compromising other possible future related actions. Therefore, if there is a breach of the contract, OFR will repossess the vehicle, without previous warning and at the CLIENTS cost.

     

    13. Leaseholder Responsibility:

    The CLIENT fully releases the leaseholder for any direct or indirect loss incurred by the leased vehicle breakdown or accident. The CLIENT will not instigate an action or settlement against the leaseholder for any damages caused to a third party or its assets. The CLIENT will compensate the Leaseholder for any expenses originated for any action against him, initiated by the driver of the vehicle, or any passengers in the vehicle.


    14. Personal assets:

    OFR will not be responsible for the loss or damage of any property left in the vehicle during the lease term. The CLIENT is fully responsible for personal property.


    ADDITIONAL CHARGES:

    Extra Kilometers: The rental rate includes charges for additional km.

    Deposit: as a guarantee for any claims that OFR could raise against the CLIENT resulting from the lease agreement.

    Cleaning: In the event the CLIENT will return the vehicle with stains, dirt, odor or soiling that cannot be cleaned with standard post rental cleaning, including smoking related stains or odor, there will be an extra charge of 30 € for private cars and 60 € for vans.

    Fuel: In the event that the fuel tank is not as full as it was when picked up, an additional 20 € charge will be applied to the fill up tank charge.

    Vehicle pick-up at residence or temporary residence: Castelldefels: 60 €; other municipalities: consult prices.

    Other extras: Child seat/ booster, Pet protector + anchors.


    15. Legal terms:

    This contract will be governed and interpreted in accordance with the laws of the country in which it was signed. In case of discrepancy on any issue that arises between the parties in relation to this contract as it could be related to its execution interpretation fulfilment or resolution; they express their intention to renounce the corresponding jurisdiction by preference to the Courts and Tribunals of Barcelona.