TERMS AND CONDITIONS OF SERVICE

LENDER IDENTIFIER

  • Owner: RENT A CAR S’ALGAR LOW COST CAR MENORCA S.L.
  • Registered office: Paseo Marítimo, 1 Salgar. – 07710 – San Luis – Menorca (Illes Balears)
  • CIF/NIF: B07623176 – Public Registry: Registered in the Mercantile Registry of Tomo 1099, Folio 150, Section ª, Page 14,030, Inscription 2ª.
  • Phone: 971150919
  • E-mail: info@rentacarsalgar.com

OBJECT

By means of the present text we make available to all users and customers the conditions of use and registration that apply to our online services platform lowcostcarmenorca.com and the services we provide, being reflected in it all the rights and obligations of the parties.

All users who visit or access our platform and/or use any of the services we make available, accept the terms of use and privacy policy, as well as the different modifications and/or additional legal texts that may be included in the future. If you do not agree with any of the conditions, you can unsubscribe from the service at any time or, if you are not a registered user, leave the platform.

In addition to these conditions, each of the services provided may be regulated by specific conditions of use and registration, being mandatory in any case that the user expressly accepts them before using and/or contracting them.

ELECTRONIC PROCUREMENT OF SERVICES

1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING

In accordance with the provisions of article 23 and subsequent articles of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically shall produce all the effects provided for by the legal system, provided that the consent of both parties is given and can be accredited.

For these purposes, it shall be understood that the completion of all phases of the registration process and, if applicable, the payment of the corresponding economic amount, necessarily implies the provision of the express consent required for the contracting of the service.

Likewise, and in accordance with the provisions of Article 27 of Law 34/2002 of services of the information society and electronic commerce, it is made available to users, prior to the start of the contracting procedure all information relating to it.

The contracting conditions indicated below are directly applicable to the contracting of all services made available through the web portal lowcostcarmenorca.com, unless expressly provided otherwise.

2. CONTRACTING PROCEDURE

The contracting procedure of the services is carried out completely electronically through our platform, without the physical presence of the parties and/or external physical transaction at any time.

Any person with Internet access can carry out the contracting process.

The phases of the procurement procedure are visible to users throughout the entire procurement procedure. Three phases can be distinguished:

  • User identification.
  • Selection of the service and payment method.
  • Confirmation of service.

The user only has to select the service he/she wishes to purchase and click on the purchase button provided for this purpose. This will start the contracting procedure, which will always follow the steps indicated above for all available services.

Once the service, quantity, applicable taxes, total price and payment method have been selected, the platform will show the user a summary of the contracting process, together with the applicable contracting conditions, which in any case must be expressly accepted by the user in order to continue the contracting process.

Once checked the box of acceptance of the contracting conditions, in case of having selected as payment method any of the electronic means, the user will be directly redirected to the corresponding external payment platform to make the payment, without lowcostcarmenorca.com having the possibility to access at any time to the data of credit cards and / or payment systems of the user.

The security of the payment procedure is guaranteed by the financial institution.

Once the contracting of the service has been completed, a summary screen of the contracting process will be displayed.

If payment by credit card has been selected, this will be carried out through the bank’s POS, a platform completely unrelated and independent of the provider.

Within a maximum period of 24 hours, the service contracting party will receive an e-mail containing all the information related to the contracted service. This document is the confirmation that the contracting has been successfully completed, being valid as a means of accreditation for any type of claim, as long as the corresponding proof of payment is attached.

The provider informs the user that all contracts made will be recorded in a file for the control and management of contracts, which will be reflected along with the information of the contracted services, additional information to ensure the security and evidence of the correct completion of the procedure.

3. RIGHT OF WITHDRAWAL FROM THE CONTRACT

In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, along with Article 45 of Law 7/1996, of Retail Trade, the user has the right to withdraw from the contract during the period from the time the service has been contracted.

To exercise the right of withdrawal, the user must simply request it in writing to any of the addresses mentioned below, expressly indicating his/her request to exercise the right of withdrawal:

  • Postal Address: Paseo Marítimo, 1 Salgar. – 07710 – San Luis – Menorca (Illes Balears)
  • E-mail: info@rentacarsalgar.com

In any case, it is up to the consumer and user to prove that he has exercised his right of withdrawal in accordance with the provisions of this chapter.

Upon receipt of the request to exercise the right of withdrawal, we will proceed to refund the amount paid (not including in any case the shipping and handling charges that may have been paid initially) within a maximum period of 14 calendar days from the time of receipt of the withdrawal and always through the means used to pay for the service, or failing that by bank transfer.

The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. In the event that any of these services have been consumed, it will not be possible to exercise the right of withdrawal.

USER OBLIGATIONS

The user undertakes during the term of this contract to:

  • Not to use the platform or any of the elements that integrate it, to develop time-sharing operations, to become a provider of software application services to the extent that they are oriented to make possible the access of third parties to the platform or any of its components, through rental operations, administrative services or any other of analogous consideration, sharing them or making them available to third parties.
  • Not to subject the platform or any of its elements to activities aimed, directly or indirectly, at the decompilation of its software, which imply its subjection to operations of a reverse nature to those that determined its construction or that, ultimately, constitute or may constitute reverse engineering, decompilation or disassembly operations. Nothing in this agreement shall be construed as authorizing access to the platform’s source code.
  • Not to publish the platform, nor use it as a system for the management and exchange of illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
  • Not to subject the platform to workloads aimed at destabilizing it, including denial of service attacks (DDoS) or similar situations. In case of detecting this type of situations, the agreed service level will not be applicable, being considered an emergency situation, not assuming therefore RENT A CAR S’ALGAR LOW COST CAR MENORCA S.L. any responsibility for the lack of availability of the service.
  • Not to perform acts of reverse engineering, taking of requirements and other activities aimed at developing an online platform identical or similar to the one made available by lowcostcarmenorca.com, being this activity considered as an act of unfair competition and violation of intellectual and industrial property rights that the provider holds on the platform.
  • Not to translate, adapt, improve, transform, modify or correct the platform or any of the elements that integrate it, and may not incorporate it to other software or portals of its own or provided by third parties.
  • Not to remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as legitimate holder of the rights, incorporates to its properties in terms of intellectual or industrial property (such as, for example, copyright, ©, ® and TM, etc.) either on the platform itself or on the associated material.
  • Accept that lowcostcarmenorca.com may introduce on the website contextualized advertising or not.
  • To pay the economic amounts expressly indicated in the present contract in due time and form.
  • Inform the provider of any event or situation that may have occurred that could jeopardize the security of access by authorized users.
  • Forcing bugs or looking for security breaches in the platform is prohibited.

 

 

SERVICE CONDITIONS

 

The lessee accepts and receives the vehicle described on the reverse side of this contract in good working order and in perfect mechanical condition, and properly equipped with its tools, tires and accessories, and undertakes to return it in the same condition.

 

The lessee, by signing this contract, undertakes to use the vehicle in accordance with the specifications and conditions indicated in the vehicle’s license (number of seats, useful weight, etc.) and not for lucrative purposes; excluding speed trials, and all kinds of competitions, and in accordance with the current rules of the Highway Code.

 

The lessee shall be liable to the authorities for traffic violations and any fines imposed on the vehicle shall be borne by the lessee.

 

The only person authorized to drive the vehicle must be the lessee himself, unless previously agreed with the lessor and duly noted in this contract.

 

The rental price includes the cost of oil, washing, greasing and periodic inspections during the term of this contract, except if the lessee returns the vehicle with the upholstery in bad condition (sweat or saltpeter), in which case a cleaning fee of 50 € will be charged. Smoking in the vehicle is strictly forbidden. The cost of fuel is at the renter’s expense.

 

The rental price shall be paid in full in advance upon delivery of the vehicle.

A rental day is defined as 24 hours (twenty-four hours) from the time of delivery of the vehicle.

 

In case of cancellation, the amount of the reservation will not be refunded when the client communicates the cancellation less than 48 hours before the reserved date. If the client does not return the vehicle and exceeds more than 2 hours in the time slot and day set, the amount of 1 day will be charged.

 

Any breakdown or accident must be communicated within a maximum period of two (2) hours to RENT A CAR S’ALGAR LOW COST CAR MENORCA S.L. In such a situation, the vehicle must not be abandoned, unless not doing so would imply a risk to the safety of the renter and his companions.

 

Likewise, the lessee undertakes to obtain all the data of the opposite party and possible witnesses, filling in the corresponding accident report which, in any case, shall be sent within a maximum period of forty-eight (48) hours to Rent A Car S’Algar, S.L.

 

The corresponding authorities should be informed and/or informed, especially when guilt must be investigated or when there are injuries.

 

In case of breakdown not attributable to the lessee, the lessor undertakes to repair the vehicle as quickly as possible or, if possible, to exchange it for another vehicle as appropriate, but reserves the right to terminate this contract if the breakdown is caused by negligence on the part of the lessee.

 

The vehicle is covered by a Third Party Liability Insurance Policy, which is available for Renter’s examination. By signing this contract, the renter accepts the terms of this policy and agrees to be bound by them. This Policy does not include the following risks:

  1. Death or injury to the renter or any other person in the vehicle at the time of the accident.
  2. Damage suffered by the renter’s vehicle in an accident in which no other vehicle is involved. In the event that the CDW (Collision Damage Waiver) and PAI (Personal Accident Insurance) insurance policies have been taken out, such eventualities are covered within the limits set forth in the respective policies.

 

The renter accepts all responsibility for damages suffered by the vehicle, whatever the nature or origin of the accident, in the amount determined in the General Price List exposed to the public as a franchise waiver. F.W. (Franchise Waiver), the lessee shall be liable for the totality of the damages suffered when the vehicle has been used in contradiction of any clause of the contract.

 

By paying the daily premium contained in the general price list, the lessor releases the lessee from liability in case of breakdown not attributable to the lessee, unless, as stipulated above, the vehicle has been used at the time of the accident in contravention of any of the clauses of this contract, or of the terms of the insurance policy, in which case the lessee shall be liable for the totality of the damages caused.

 

The lessor reserves the right to terminate this contract at any time.

The lessee shall have the right to demand the corresponding settlement from the lessee up to the time of the premature termination of the contract in the following cases:

  1. Contravention of any of the clauses of this contract.
  2. Penalties or fines imposed by the Local Authority for improper use of the vehicle, speeding, dangerous maneuvers, driving under the influence of alcohol or any other infraction.
  3. In case of accident whose nature arises from negligence on the part of the lessee.
  4. In case of mistreatment due to lack of due care or in case of damage caused to the vehicle due to negligence or lack of skill.
  5. Validity of the driving license
    The client declares that his driving license is in force and maintains full legal validity, not being suspended, withdrawn or deprived of the right to drive by administrative or judicial resolution.
    If the client drives the vehicle with the license suspended, withdrawn or without legal validity, even if he/she keeps the physical document or has shown an image of it to the company, he/she shall be solely responsible for the consequences that may arise from such circumstance.
    This situation will constitute a breach of contract and will be considered gross negligence of the customer, who will fully assume any penalty, expense, damage or loss that is generated, being the company fully exonerated from any administrative, civil or criminal liability arising from these facts.

 

The lessee must be at least 23 years of age and in possession of a driver’s license, at least two years old, otherwise, ask for conditions.

 

WARRANTIES AND LIABILITIES

We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, it is sometimes possible that situations may arise, especially due to the intervention of malicious third parties, which could lead to liability.

In this sense, below we indicate those situations in which we are not responsible for the actions of the users, assuming all the responsibilities derived:

  • In the event that information is published on the platform that has not been hosted by us or that has been published by a third party outside the organization.
  • In the event that the platform is not operational due to technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
  • In the event that the user stores or any third party, disseminates, publishes or distributes on the platform any defamatory, libelous, discriminatory, inciting to violence or that goes against morality, public order, fundamental rights, public freedoms, honor, privacy or image of third parties.
  • In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and damage is caused to the systems of other users.

The services made available and commercialized through lowcostcarmenorca.com are provided by third party companies completely independent from the provider. Therefore, lowcostcarmenorca.com is not responsible in case of occasional failures in the continuity of the service or in the lack of availability of the same.

In the event that the services contracted by the user are not available for a period of more than 72 hours from the time of notification of the incident, the user is entitled to request the provider to terminate this contract and refund the amounts corresponding to the services not enjoyed, which will be duly refunded through the same means by which the initial payment was made or, if applicable, by bank transfer.

In the event that any of the contents accessible through the platform were contrary to current regulations, we undertake to proceed to its immediate removal, as soon as we become aware of and corroborate the facts.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

From lowcostcarmenorca.com we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:

1. RELATING TO THE ONLINE PLATFORM

The provider guarantees the user that it is the legitimate owner of the platform and that it is not involved in any type of legal dispute prior to the signing of this contract.

The user expressly acknowledges that the provider holds all right, title and interest in the platform and computer developments associated with the service, as well as all its modules, modifications and updates and any element and / or functionality that was developed on it, regardless of whether it has been requested by the user or not. For these purposes, it is included without limitation, the recognition of the ownership of the provider of all copyrights, intellectual property, and / or industrial, being able to exploit the platform, without any restriction of a temporal nature, territorial, relating to media or modes of exploitation and without limitations other than those established by law.

The structure, characteristics, codes, working methods, information and information exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider, and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the provider.

Likewise, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, without being subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.

The provision of the platform in service mode or the mere access by the user does not imply, in any case, the transfer of ownership, nor the granting of a right of use in favor of the user other than that expressed in these conditions.

In order to allow the user to use the platform, which is the exclusive property of the Provider, the latter hereby grants the user a non-exclusive, non-transferable, revocable, non-sublicensable and non-sublicensable license to use the platform, which is limited in time to each connection period and unlimited in space insofar as it can be accessed from any computer with Internet access.

In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative works and/or public communication is absolutely forbidden, regardless of the means used to do so, and the infringing user will otherwise assume all direct or derivative liabilities that may arise.

For any aspect that is not expressly recognized in this contract, all rights are reserved in favor of the provider and the written authorization of the latter is necessary to carry it out.

2. RELATING TO USER CONTENT AND INFORMATION

All contents and information published or managed by the users on the platform are exclusive property of the latter, being lowcostcarmenorca.com a mere service provider of the information society in charge of data storage.

The provider does not receive any kind of intellectual property rights for the fact that the user hosts or manages them on its platform, so in no case may they be used for purposes other than those directly related to the provision of the services actually contracted.

CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided during the use of the platform and during the provision of the services will be processed in accordance with the provisions of the Privacy Policy, which every user must expressly and previously accept in order to register.

All users who accept these conditions of use, accept in an informed, express and unequivocal manner our Privacy Policy, assisting in this sense the rights of access, rectification, cancellation and opposition regarding their personal data, being able to exercise them as reported in the aforementioned Privacy Policy.

TEMPORARY CONDITIONS

The present conditions shall come into force on the date of contracting the service and shall have a duration of one year, tacitly renewable for annual periods.

Either party may terminate this contract by giving express written notice to the other party at least 30 days prior to the beginning of the next period.

However, those services that are for consumption and that are contracted in packages or promotions, may have a determined and specific duration less than that indicated, which in any case will be shown before proceeding with the contracting.

ECONOMIC CONDITIONS

The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, and these shall be the only valid rates, except for typographical or transcription errors, in which case the provider undertakes to modify them immediately.

In the event that the payment method is by direct debit, the user expressly accepts that the provider will periodically make the corresponding economic charges to the user’s bank account within the periods indicated.

The Provider reserves the right to cancel any contract within a period of 7 days from the time of its execution in the event that it detects typographical or transcription errors in the price and/or taxes applied to the transaction.

The Provider reserves the right to make any type of modification to the rates of each service, and undertakes to publish them on the platform in a visible manner for users. Unless otherwise provided, the modification of rates shall not be retroactive.

All contracted services will be duly invoiced and paid prior to the provision of services or on a monthly basis, depending on the type of contract used.

The financial amounts may only be paid by direct debit or by credit card, and the provider shall not have access to any bank or credit card data at any time.

All rates will be increased by the amount corresponding to the taxes in force on the date of issuance of the invoice, being duly reflected in the summary of each purchase.

CUSTOMER SERVICE AND TECHNICAL SUPPORT

The Provider makes available to the user a customer service and technical assistance service in accordance with the following characteristics:

  • Schedule:
  • Phone:
  • Email:

Unless otherwise specified, the user service will be provided exclusively in Spanish.

TERMINATION OF THE CONTRACT

The present contract may be terminated whenever any of the following circumstances occur:

  • Failure to comply with the obligations set forth in this contract.
  • Upon expiration of the term of the contract, provided that either party has expressly stated at least 30 days in advance its desire not to automatically renew the contract.
  • The declaration of bankruptcy of the other party, or the initiation of any such proceedings or equivalent before the competent authorities, and repeated failure of the other party to comply with its obligations, whether filed by one of the parties or by a third party.
  • In the event that the corresponding economic amounts are not paid according to the agreed terms and form. The service will be automatically blocked the day after the non-payment occurs. In order to reactivate it, it will only be necessary to pay the corresponding economic amount.
  • The dissolution, liquidation or loss of legal personality of any of the parties.
  • Any change or substantial variation of the essential conditions that were indicated in the present contract to carry out the conclusion of the present contract.

Likewise, in order for the contract to be fully terminated, the user must pay all outstanding economic amounts, and there is no possibility of full termination without the fulfillment of this obligation, which is considered essential.

In the event that the contract is unilaterally terminated by the user, without duly proven and justified cause, the user waives any claim for the economic amounts paid to date.

OUT-OF-COURT DISPUTE RESOLUTION

Also, under the terms contained in Article 14 of EU Regulation 524/2013 on consumer dispute resolution, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm

APPLICABLE LAW AND JURISDICTION

For any controversy or conflict that may arise, derived from these terms or conditions, the Spanish Law will be applicable. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of the domicile of the user or customer.

REV: 20.3009