This document regulates the general booking conditions (here and after “General Conditions”) of any vehicle available on the website www.autosvalls.com (here and after “the Website”), owned by the society AUTOS PUNTA PRIMA S.L. established in the Plaza de España 13, 07702 Mahon Menorca (Spain), registered in the Register of Menorca, in book 33, folio 213, page pp. IM-1748 and CIF B07768369 (here and after ” Autos Valls”).The service user (here and after “User”) is the only responsible for reading the General Conditions as a step towards the realization of any booking. The user is exposed through the Web page to the General Conditions, to be read, printed, filed and accepted; the user can not complete the booking of the vehicle without doing such consultation and accepting. The User will always have these General Conditions in a visible and freely accessible link on the Website.The acceptance of these General Conditions means that the User:has read, understood and accepted these General Conditions.is older than 23 years, with full power to hire a car and with a minimum of 3 years of driving experience while doing the booking.If you disagree with any part of the General Conditions, you should not continue with the booking process.
1. LIMITATION OF LIABILITY.
In no instance Autos Valls shall be made responsible for:The errors, access delays suffered by the user when entering the information in the reservation form; any anomaly that may arise when the inability to complete the reservation is due to problems in the Internet, causes of act of God or force majeure and any other unforeseen contingencies external Autos Valls’ good faith. In any case, Autos Valls commits himself to solve the problems that may arise and provide all necessary support to the user to reach a quick and satisfactory resolution of the occurrence.Errors or damages caused by the use of inefficient services or the user’s bad faith.
2. LAW AND ALTERATION OF THE GENERAL CONDITIONS.
2.1These General Conditions are subject to the Royal Decree 1/2007 of 16 November, by which the text of the General Law for the Protection of Consumers and Users and other complementary laws are approved; the Law 7/1998 of 13 April, about General Terms and Conditions; the Royal Decree 1906/1999 of 17 December 1999, which regulates the Telephone and Electronic Contracting with general conditions; the Law 15/1999 of 13 December, on the Protection of Personal Data; the Law 7/1996 of 15 January, about the Retail Trade and Law 34/2002 of 11 July, about Services of the Information Society and Electronic Commerce.
2.2Autos Valls reserves the right to amend these General Conditions at any time, without necessity of prior notice to the user, who, in any case, is the only responsible for reviewing them as an essential prerequisite to the rent of vehicles available through this website or its simple access. In any case, will be considered as valid and applicable the General Conditions that were exposed on the web at the moment when the user booked the vehicle.
3. VEHICLE BOOKING SERVICE.
To complete the vehicle booking service, the user will be required.Select the backup data (location and dates of pick up and drop off).Select the category of vehicle to be booked. The user selects a category, in no instance a colour, brand or model of vehicle.Press book.Introduction of personal data.Acceptance of the Website’s Legal Conditions.Press continue.Introduction of credit card information.Screen of confirmation and payment of the booking.Reception of an e-mail with the identifying data of your booking.The successful completion of the booking process is not a contract of car-hire, to be concluded, the contract must be signed by the user at the collection of the vehicle.There will only be a legally binding booking when the user enters the necessary data on the Website and confirms the booking by pressing “Confirm and Pay”. The user acknowledges that he understands that, by pressing “Confirm and Pay”, he authorizes Autos Valls to complete the booking and charge the corresponding amount on his credit card as indicated on the Website. It is not possible to make a booking less than two or three days before the beginning of the rental.Once the user has pressed “Confirm and Pay” as mentioned previously, he should print the electronic confirmation showing the booking details. This confirmation is the basis of the booking contract. The user acknowledges that it is his responsibility to print and check the booking confirmation and make sure that all the details are correct. The user must contact Autos Valls in case he detects an error to be corrected. The confirmation or voucher must be presented at the delivery of the vehicle as a proof of the booking and prepayment.Autos Valls reserves the right to refuse the signing of the car-hire contract tPeople under 23 years old when signing the contract.People who do not have a valid driving license older than 3 years.People who are not in conditions to drive when collecting the vehicle (people who could be a danger to themselves or others while driving).People unable to meet payment terms or guarantees required.
4.1The valid rates shall be the ones available on the Website at the time of the user’s booking.
4.2The rental price and the deposit are determined by the General Price List and shall be paid in advance by the user.
4.3The rental’s duration will be agreed in the contract, and will be billed based on twenty four hour periods, starting from the time when the contract is formalized. There is a grace period of fifty-nine (59) minutes, after which there will be an additional charge of one day.
4.4In case the user wanted to keep the vehicle for longer than is agreed in the contract, he will need a written permission from Autos Valls, to whom he will have to pay the corresponding amount.
5. ADDITIONAL CHARGES.
The user commits himself to return the vehicle to Autos Valls on the date and place specified in the contract. The service will be considered as completed once the vehicle and its keys have been returned to Autos Valls.
The fuel consumed by the vehicle during the rental period is at the user’s account.The user must refuel the vehicle with the proper fuel type. Otherwise he will be responsible for the costs of the relocation and / or repair of damage caused by the improper fuel use.The User agrees to return the vehicle with the same level of fuel. Otherwise he will be billed the difference plus an additional charge as refuelled service; the amount of this extra charge is established in the General Price List.
All reservations made by the user are subject to VAT at 21%.
In Spain, the additional driver charge is 2.50 € (VAT excluded) per day.
Prices set forth in the General Price List. The airport service out of office hours (22:00h – 08:00h) includes a 30€ extra fee per service.
5.5.COLLECTION AND DROP OFF IN A DIFFERENT PLACEOF THE ONE INDICATED IN THE BOOKING.
Prices set forth in the General Price List.
5.6.RETURN OF THE VEHICLE.
At the drop off of the vehicle, if the Autos Valls’ worker detects that some of the below-listed elements are missing, the user agrees on the following charges:Keys: Breakage, damage, total or partial loss of the key will be charged from 60 € plus codification if necessary (excluding VAT).Vehicle’s documentation: according to model.Reflective jacket: according to the current general rate.Warning triangles: according to the current general rate (any other element that is delivered with the vehicle and is missing at the drop off will be billed according to the current general rate).
6. CHECKING THE CONDITION OF THE VEHICLE.
6.1.The user will review the vehicle’s status both at the time of delivery and of return. At the time of delivery, the user will review the vehicle with an Autos Valls’ worker who will note on the contract any defect or anomaly that could have been identified.
6.2.At the time of return, an Autos Valls’ worker will review the vehicle and identify any damage that would differ from those listed on the contract. The cost of repair of these damages will be assumed by the user.
7.USE OF THE VEHICLE.
7.1.The user agrees to use and drive the vehicle in accordance with the basic rules of driving and circulation, and according to the specifications of use of the vehicle.
7.2.The user agrees not to use the vehicle and/or not to let it be used in the following cases:Paid transport of passengers.Pushing or towing any vehicle or other object, with wheels or not.Participate in competitions, official or not.Driving the Vehicle under the influence of alcohol or narcotics.Transport of goods that infringe the law or the laws in force or with illegal purposes.Transport of more passengers than authorized and indicated in the Technical Inspection Card of the Vehicle.Transport of goods in more weight, quantity and/or volume than authorized in the Technical Inspection Card of the vehicle.Transport of goods classified as special or hazardous by the Transport Laws in force.
7.3.Only people accepted by Autos Valls and identified in the contract are authorized to drive the vehicle; will be authorized people of at least 23 years old who hold a valid driving license in force for minimum 3 years.
7.4.The user commits himself to keep the vehicle locked when not in use and keep the documents inside it.
7.5.It is expressly forbidden for the user to assign, mortgage, pledge, sell or give as a guarantee the following: vehicle, contract, keys, documents, equipment, tools and/or accessories and/or any part of it, or treat the vehicle in a way that could cause damage to Autos Valls.
7.6. Unless express authorization from Autos Valls, taking the vehicle to mainland or to other islands is banned. Any infringement of these conditions authorizes Autos Valls to force the user to return the vehicle immediately, without justification or compensation.
8.STATE OF THE VEHICLE.
8.1.It is expressly forbidden for the user to vary any technical characteristic, the keys, the equipment, the tools and/or accessories of the vehicle and make any modification to its exterior and/or interior. In case of violation of this article, the user shall bear the cost, duly justified, of reconditioning the vehicle to its original state and pay an additional sum as compensation for the immobilization of the vehicle.
8.2.The user relieves Autos Valls from any responsibility for loss or damage to objects left or transported in the vehicle by the user or any other person during the term of the contract or after the drop off of the vehicle.
9.PRICE, DEPOSIT AND EXTENSION. PAGOS.PAYMENTS.
9.1.The user agrees to pay the following to Autos Valls:The amount resulting from the application of the General Price and the price agreed in the car-hire contract, corresponding to the hire period, the insurance, the optional waivers, the optional equipment and additional services, as well as the applicable taxes and fees.The amount corresponding to the damage and/or theft suffered wholly or partly by the vehicle and which are not covered by the exemptions agreed by the user. The maximum liability of the user will be the value of the vehicle on the market.The amount corresponding to fines for any violation of the applicable legislation and, in particular relating to the Highway Code, which the user may incur as well as for charges for late payment by the user and judicial and extra judicial expenses that Autos Valls may have incurred as a result of the above. The exception being the fines of which would be responsible Autos Valls as owner and operator of the vehicle.
9.2. The payment of the mentioned amounts in the previous paragraph should be done through credit/debit card or in cash, according to the customer’s choise. Autos Valls reserves the right to request the user the amount of the deposit, with one or more credit/debit cards or in cash, as a guarantee. A deposit will be blocked in the credit/debit card until the dat of return of the vehicle. Please make sure the credit/debit card has sufficient funds. Usually the blocked amount is for insurance purposes of the vehicle and fuel deposits, in both cases depending of the category of the vehicle and the driver’s age. In case of not presenting a valid credit/debit card of with insufficient funds, Autos Valls may refuse to deliver the vehicle to the client/user.
9.3. Please note: The Balearic Government plans to introduce in the upcoming season 2013 an ecologic tax for the use of self-drive vehicles. In case this tax enters into force, please be advised that to the rental price an additional amount for this environmental fee will be added, which has to be paid at the counter, at the time of pick up. Thank you.
10.1.Rental rates include the mandatory car insurance and a supplemental liability with unlimited guarantees for damages and prejudice against third parties arising from the use and movement of the vehicle.
10.2.Such coverage is guaranteed and assumed by the insurer with whom Autos Valls has subscribed the insurance policy.
10.3.By signing the contract, the user adheres as policyholder to the above-mentioned policy. He will find a copy of the policy at Autos Valls’ central office.
10.4.This policy does not cover damage, loss or any other harm suffered by the luggage, goods or articles carried in the vehicle. It does not cover either the loss of the vehicle, the damages caused by theft or vandalism and/or traffic accident or the damages on the underneath of the vehicle.
PAI (Personal Accident Insurance). The PAI is a personal injury and health care insurance that covers medical expenses incurred in an accident and guarantees compensation for death or permanent disability. It does not include the theft of personal items.
12.1. CDW (Collision Damage Waiver): Optional insurance that partially exempts the user from liability of damages caused to the vehicle in case of accident.The CDW is an optional service provided by Autos Valls that partially exempts the user, through its recruitment, of financial responsibility for damages to vehicles caused in a traffic accident, excluding those caused by vandalism.The no recruitment of the CDW implies the user’s financial responsibility for damages caused to the vehicle, plus expenses and costs related to such damages (transport and/or towing costs, indemnification of the vehicle and loss of earnings up to the maximum of the vehicle’s market value).In accordance with the provisions of this paragraph, the CDW only covers damages caused to the vehicle in a traffic accident if the user properly completes the accident report, where must be clearly described the details of the vehicles and drivers involved in the accident and the conditions and circumstances in which it occurred.
12.2.TP (Theft Protection)The TP is an optional service provided by Autos Valls that exempts the user, when contracted, of financial responsibility for total or partial theft of the vehicle.Partial theft means the theft of any of the vehicle’s elements or components, documents, parts, tools and accessories and any additional accessories that the user may have hired from Autos Valls.The no recruitment of the TP implies the user’s financial responsibility for any damage and/or loss by total or partial theft of the vehicle and compensation for the its immobilization.The TP is only applicable if the user delivers the vehicle’s key (the one given at the time of the formalization of the rental agreement) to Autos Valls without any handling, and the original incident report presented to the corresponding authorities.
12.3.CDW and TP Requirements:The General Price List establishes that the user should be responsible for a minimum charge (excess) for damages and/or loss caused to the vehicle and which is not covered by the CDW and the TP.The CDW does not cover in any instance the damages to the underside of the vehicle. It does not cover either damages on wheels and tires of the vehicle when these are caused in the following circumstances: by driving the car overloaded or by places such as beaches, inappropriate ways, forest or unpaved roads, etc., by shocks against rocks or objects and bumps on the road, by blows against edges while parking, by reckless driving or by any other way that would arise from the user’s bad faith.The CDW and TP coverage are not applicable if the user does not respect all the conditions specified in the “vehicle use” clause of the General Conditions.The CDW and TP coverage are not applicable if the repair cost of the damages or partial theft is inferior or equal to the exemption established in the General Price List for each category. In this case, the cost, which would equal as a maximum the waiver’s cost, will always be provided by the user.The CDW and TP coverage are not applicable if the user does not deliver to Autos Valls the corresponding document (complaint and/or accident report) dully completed within a term of forty-eight hours (48) (except in cases of force majeure) from the date of the incident.In accordance with the provisions of the General Conditions, if the user does not contract the CDW and the TP, he will be responsible for paying all the repairs to be carried on the vehicle, as well as a compensation for its immobilization.The rental fees cover the vehicle’s losses and damages in case it spontaneously catches fire, but not if it happens as a consequence of a traffic accident or a partial or total theft, or acts of vandalism, or driving without respecting the vehicle’s specifications of use; in these cases, the article which provides for payments will be applied.
12.4.FW (Franchise Waiver)The FW is an optional service provided by Autos Valls that, if contracted, exempts the user from the payment of the minimum amount of which he would be responsible for (franchise) in case of damages and/or losses caused to the vehicle, the amount of the exemption is established in the General Price List.In case the CDW and/or TP are not hired or the requirements specified in clause 12.3, the FW does not apply.
- Group I 700€,
- GroupI1 300€
- GroupI2: 300€
- Group J: 700€
- Group K: 1500€
13.MAINTENANCE AND REPAIR.
13.1.The mechanical wear due to normal use of the vehicle is assumed by Autos Valls.
13.2.The user should periodically check and replace if necessary the engine fluid levels every 1.000 (thousand) kilometres. The amount of fluid replacement will be borne by Cars Valls, on presentation of invoice.
13.3.User is not authorized to order repairs to the vehicle without permission and / or written Autos Valls.
14.CANCELLATION OF RESERVATIONS.
14.1. In the event of cancellation made 96 hours or more before the date of delivery, the paid amount will be reduced with 25€ cancellation charge and the rest will be refund.
14.2. In the case cancellation is less than 96 hours before the date of delivery the paid amount will not be refund.
14.3. In the case of changes or modifications to reservations apply a rate of € 25 per amendment and reserve.
14.4. Not to be credited / refunded the amount paid for extras or accessories or modified contract.
15. COMPETENT LAW AND JURISDICTION.
15.1The General Conditions shall be governed and construed in accordance with the laws of Spain.
15.2The matters arising in connection with these Terms and Conditions between you and Autos Valls are within the jurisdiction of the courts and tribunals established for Autos Valls.
AUTOS PUNTA PRIMA S.L.Plaza de España 13 Mahon Menorca Spain www.autosvalls.com Tel. +34.9188.8.131.52