TERMS AND CONDITIONS OF SERVICE
IDENTIFIER OF THE PROVIDER
- Owner: Rent A Car Salgar, S.L.
- Registered office: Paseo Marítimo, 1 Salgar. – 07710 – San Luis – Menorca (Illes Balears)
- CIF/NIF: B07623176
- Telephone: 971150919
- E-mail: firstname.lastname@example.org
By means of the present text we make available to all users and clients the conditions of use and registration that are applicable to our online services platform https://lowcostcarmenorca.com/ and to the services we provide, reflecting all the rights and obligations of the parties.
Together with the present conditions, each of the services provided may be regulated by specific conditions of use and registration, and in any case it is obligatory that the user expressly accepts them before using and/or contracting them.
ELECTRONIC CONTRACTING OF SERVICES
- PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 et seq. 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 the phases of the registration process and, where 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 on information society services and electronic commerce, all the information relating to the contracting procedure is made available to users prior to the start of the contracting procedure.
The contracting conditions indicated below are directly applicable to the contracting of all the services made available through the web portal https://lowcostcarmenorca.com/ unless expressly stated otherwise.
- 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 procedure.
The phases of the contracting procedure are visible to users throughout the entire contracting procedure. Three phases can be distinguished:
- Identification of the user.
- Selection of the service and method of payment.
- Confirmation of the 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 the services available.
Once the service, quantity, applicable taxes, total price and means of payment 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 with the contracting process.
Once the box for acceptance of the contracting conditions has been ticked, if any of the electronic means of payment has been selected, the user will be directly redirected to the corresponding external payment platform to make the payment, without https://lowcostcarmenorca.com/ being able to access the user’s credit card and/or payment system data at any time.
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 that is 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 relating to the contracted service. This document is the confirmation that the contract 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, in 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.
CONDITIONS OF SERVICE
The lessee accepts and receives the vehicle described on the back of this contract in good working order and in perfect mechanical condition, adequately equipped with tools, tyres and accessories, and undertakes to return it in the same condition.
The lessee, on signing this contract, undertakes to use the vehicle in accordance with the specifications and conditions indicated in the vehicle licence (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 regulations of the Highway Code.
The lessee shall be liable to the authorities for traffic offences and any fines imposed on the vehicle shall be borne by the lessee.
The only person authorised 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 checks during the term of this contract, except if the lessee returns the vehicle with the upholstery in poor condition (sweat or saltpetre), in which case a cleaning fee of 50 € will be charged. Smoking in the vehicle is strictly forbidden. The cost of fuel is to be paid by the renter.
The rental price shall be paid in full in advance upon delivery of the vehicle.
A rental day is understood to be 24 hours (twenty-four hours) from the time of delivery of the vehicle.
In case of cancellation, no refund will be made if the client communicates the cancellation less than 48 hours before the booked date. If the client does not return the vehicle and it is more than 2 hours later than the scheduled time and day, the amount of 1 day will be charged.
Any breakdown or accident must be reported within a maximum period of two (2) hours to Rent a Car S’Algar, S.L. In such a situation, the vehicle must not be abandoned, unless failure to do so would imply a risk to the safety of the lessee and those accompanying him/her.
Likewise, the lessee undertakes to obtain all the details of the opposing party and possible witnesses, filling in the corresponding accident report which, in any case, shall be sent to Rent A Car S’Algar, S.L. within a maximum period of forty-eight (48) hours.
The corresponding authorities must be informed and/or informed, especially when guilt must be investigated or when there are injured parties.
In the event of a breakdown not attributable to the Hirer, the Rental Firm 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 Hirer.
The vehicle is covered by a Third Party Liability Insurance Policy, which is at the Hirer’s disposal for 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:
- Death or injury to the Hirer or any other person in the vehicle at the time of the accident.
- Damage sustained by the Hirer’s vehicle in an accident in which no other vehicle is involved. In the event that CDW (Collision Damage Waiver) or PAI (Personal Accident Insurance) insurance has been taken out, these eventualities are covered within the limits set out in the respective policies.
The Hirer accepts all liability for damage sustained by the vehicle, regardless of the nature or origin of the accident, in the amount determined in the General Price List displayed to the public as an excess. F.W. (Franchise Waiver), the lessee shall be liable for the totality of the damage suffered when the vehicle has been used in contradiction to 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 will be liable for the totality of the damage caused.
The lessor reserves the right to terminate this contract at any time and to demand the corresponding settlement from the lessee up to the time of the premature termination of the contract in the following cases:
- Contravention of any of the clauses of this contract.
- Sanctions or fines imposed by the Local Authority for improper use of the vehicle, speeding, dangerous manoeuvres, driving under the influence of alcohol or any other offence.
- In the event of an accident of the nature of which arises from negligence on the part of the lessee.
- 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.
The hirer must be at least 23 years of age and in possession of a driving licence for at least two years, otherwise, ask for conditions.
The Parties agree to submit any dispute arising from the execution or interpretation of the Contract to the courts and tribunals of Mahón, expressly waiving their own jurisdiction, if any other should correspond to them.
The Hirer is liable for any violation of parking and traffic regulations.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, together with article 45 of Law 7/1996, on Retail Trade, the user has the right to withdraw from the contract within a period of FOURTEEN (14) calendar days 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 their request to exercise their right of withdrawal:
- Postal Address: Paseo Marítimo, 1 Salgar. – 07710 – San Luis – Menorca (Illes Balears)
- E-mail: email@example.com
In any case, it is up to the consumer and user to prove that he/she has exercised his/her right of withdrawal in accordance with the provisions of this chapter.
Once we have received the request to exercise the right of withdrawal, we will proceed to reimburse the economic amount paid (without in any case including the shipping and handling costs 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 of having consumed any of the said services, it will not be possible to exercise the right of withdrawal.
The user undertakes, during the term of this contract, to:
- Not to use the platform or any of the elements that comprise it to develop timesharing operations, to become a provider of software application services to the extent that they are aimed at enabling third parties to access the platform or any of its components, through rental operations, administrative services or any other similar services, 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 an inverse nature to those that determined its construction or which, ultimately, constitute or may constitute operations of inverse engineering, decompilation or disassembly. None of the sections of this contract may be understood as authorising access to the platform’s source code.
- Not to publish the platform, nor use it as a system for the management and exchange of information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
- Not to subject the platform to workloads aimed at destabilising it, including denial of service attacks (DDoS) or similar situations. In the event that this type of situation is detected, the agreed service level will not be applicable, being considered an emergency situation, and Rent A Car Salgar, S.L. will not assume any responsibility for the lack of availability of the service.
- Not to carry out 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 https://lowcostcarmenorca.com/ this activity being considered an act of unfair competition and infringement of the intellectual and industrial property rights that the provider holds over the platform.
- Not to translate, adapt, improve, transform, modify or correct the platform or any of the elements that comprise it, and may not incorporate it into other software or portals of their own or provided by third parties.
- Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its intellectual or industrial property properties (such as, for example, copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
- To accept that https://lowcostcarmenorca.com/ may introduce contextualised or non-contextualised advertising on the website.
- To pay the financial amounts expressly indicated in this contract in due time and form.
- To inform the provider of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
- It is forbidden to force failures or look for security breaches in the platform.
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 ill-intentioned third parties, which could give rise to liability.
In this sense, we indicate below those situations in which we are not responsible for the actions of the users, and they assume all the responsibilities derived from them:
- 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 organisation.
- In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
- In the event that the user or any third party stores, disseminates, publishes or distributes on the platform any type of defamatory, libellous, discriminatory material that incites violence or that goes against morality, public order, fundamental rights, public freedoms, honour, privacy or the 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 marketed through https://lowcostcarmenorca.com/ are provided by third party companies that are completely independent of the provider. Therefore, https://lowcostcarmenorca.com/ shall not be held liable in the event of occasional failures in the continuity of the service or, where applicable, in the occasional 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 return the economic amounts corresponding to the services not enjoyed, which will be duly refunded through the same means by which the initial payment was made or, where appropriate, by bank transfer.
In the event that any of the content accessible through the platform is contrary to current regulations, we undertake to immediately remove it as soon as we become aware of and corroborate the facts.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At https://lowcostcarmenorca.com/ we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:
- 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 the IT developments associated with the service, as well as in all its modules, modifications and updates and in any element and/or functionality developed on the same, regardless of whether or not this has been requested by the user. For these purposes, it is included without limitation, the recognition of the ownership of the provider of all copyrights, intellectual and/or industrial property, being able to exploit the platform, without any restriction of a temporal or territorial nature, related to means of dissemination or modalities of exploitation and without any limitations other than those established by law.
The structure, characteristics, codes, working methods, information and 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.
Similarly, all user manuals, texts, graphic drawings, databases, which complement the platform and/or the materials associated with it, are the property of the provider, and may not be subject to subsequent modification, copying, alteration, reproduction, adaptation or translation by the user.
The provision of the platform in service mode or mere access by the user does not imply, in any case, the transfer of ownership, nor the granting of a right of use in favour of the user other than that expressed in these conditions.
In order for the user to be able to use the platform, which is the exclusive property of the provider, the latter hereby grants the user a non-exclusive licence of use, limited in time to each connection period, unlimited in space insofar as it can be accessed from any computer with Internet access, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of a derivative work and/or public communication is absolutely prohibited, regardless of the means used to do so, with the infringing user assuming all direct or derived responsibilities that may arise.
For any aspect that is not expressly recognised in this contract, all rights shall be understood to be reserved in favour of the provider, with the latter’s written authorisation being necessary in order to carry it out.
- RELATING TO THE CONTENTS AND INFORMATION OF USERS
All content and information published or managed by users on the platform are the exclusive property of the latter, https://lowcostcarmenorca.com/ being a mere provider of information society services responsible for data storage.
The provider does not receive any type of intellectual property right for the fact that the user hosts or manages them on its platform, and therefore under no circumstances may it process them for purposes other than those directly related to the provision of the services effectively contracted.
CONFIDENTIALITY AND DATA PROTECTION
The personal data that you provide will become part of a file of RENT A CAR S’ALGAR, in order to maintain and manage your data as a CUSTOMER, promote the activities and services provided by RENT A CAR S’ALGAR and resolve any incidents or queries that may arise with the services offered through our representatives or directly in our offices.
RENT A CAR S’ALGAR guarantees the adoption of the necessary measures for the processing of personal data 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 individuals with regard to the processing of personal data and on the free movement of such data.
You may revoke the consent given, without retroactive effect, and exercise, in accordance with Organic Law 3/2018 of 5 December (LOPDGDD), your rights of access, rectification, deletion, limitation, portability and opposition of your data by writing to RENT A CAR S’ALGAR S.L., Passeig Marítim no 1, S’ALGAR, SANT LLUÍS.
USER SERVICE AND TECHNICAL SERVICE
The Provider provides the user with a customer service and technical assistance service in accordance with the following characteristics:
- Telephone: 971 15 09 19
- Email: firstname.lastname@example.org
Unless otherwise stipulated, the user service will be provided exclusively in Spanish.
EXTRAJUDICIAL RESOLUTION OF CONFLICTS
Likewise, under the terms set out in article 14 of EU Regulation 524/2013, on the resolution of consumer disputes, a direct link is provided to the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm
APPLICABLE LAW AND JURISDICTION
For any controversy or dispute that may arise, arising from these terms or conditions, Spanish Law shall apply. The resolution of legal disputes shall be subject to the jurisdiction of the Courts and Tribunals of Mahón (Menorca).