Subject to this agreement Posh Cars,
S.L., N.I.F. B-35950039, hereafter referred to as POSH CARS rents the vehicle
described overleaf to Renter, who accepts the terms and conditions listed below.
The Renter, on signing this contract, agrees to comply with these terms and conditions.
1. 1. USE OF VEHICLE
The Renter accepts the vehicle is
in perfect mechanical condition, and is supplied with the necessary documentation
and with adequate tools, tyres and accessories and undertakes to maintain them
in good condition. The Renter also undertakes:
a. Not to drive on non-asphalted roads.
b. Not to park on prohibited or dangerous areas.
c. Not to push or tow other vehicles or trailers.
d. Not to transport people or goods, which imply directly or indirectly the subletting of the vehicle.
e. Not to drive the vehicle in impaired physical condition, through sickness or tiredness caused by alcohol, drugs, narcotics, or other substances that debilitate consciousness or reflexes.
f. Not to allow any other people to drive other than the Renter or those persons specifically authorised overleaf on this contract.
g. Not to transport the vehicle between Islands or out of Spain unless previous authorisation is obtained in writing from Posh Cars.
h. Not to transport more people than specified by the manufacturer of the vehicle, or than permitted by law.
i. Not to participate with the vehicle in competitions or races or transport goods heavier than the maximum authorised.
j. Not to contravene the traffic laws.
2. RETURN OF VEHICLE
The vehicle must be returned to the place and on the date stipulated in the
contract. Any change must be previously authorised in writing by Posh Cars.
Failure to comply with this condition authorises Posh Cars to immediately retake
possession of the vehicle. Furthermore Posh Cars reserves the right to repossess
the vehicle at any moment during the rental period if the vehicle is used in
any way that contravenes the terms and conditions set out in this contract,
without the authorisation of the Renter.
Extending the contract: To extend the contract the Renter must give 24 hours notice before the end of the contract. A day is considered to be from whatever time the rental begins, until 10.00 a.m. the following day. Any time after 10.00 a.m. is considered to be an extra day´s rental.
The Renter agrees to pay Posh Cars:
a. The charges corresponding to the time and mileage calculated on the tarrif shown on the reverse of this contract.
If payment is made by credit or card charge, the cardholder´s signature on the front page of this rental contract, authorises the Rental Company to charge the full amount of the contract to the cardholder´s account without further notice.
b. The insurance covers the following: Fully Comprehensive Accident Insurance with deposit (C.D.W.), Personal Accident Insurance (P.A.I.), cover against theft or intended theft of the rented vehicle (T.P.) and any other stipulated.
c. Any repair cost incurred by collisions or overturning of the said vehicle or by theft or intended theft. The Renter is not liable for these charges if insurances C.D.W. and T.P. have been previously purchased from Posh Cars.
d. The charges incurred by Posh Cars ( including the legal fees incurred in recovering the amount owed by the Renter as stipulated in this contract).
e. The deposit amount is 120.20 Euros ( 20,000 ptas.) for A,B,C,D,a,b,c,d,e,f and z groups and 180.30 Euros ( 30,000 ptas.) for E,F,G,H,I,J groups. Those amounts are excluded from insurance guarantee of this contract. In case of damages to the car they are to be paid by the lessor.
f. The cost of any kind of fine, court costs or legal fees incurred by the Renter during the period stipulated in the contract, unless it is not the Renter´s fault.
g. Fuel costs.
h. All additional rental taxes.
Included in the tariff at no additional cost, is Fully Comprehensive Insurance
for an unlimited amount including legal costs and Third Party Liability.
Extra Insurance: Posh Cars offers it´s clients the following insurances and covers following prepayment of additional amounts shown on the tariff.
a. C.D.W. - Fully Comprehensive Insurance with deposit of the car. Deposit
120.20 Euros (20,000 ptas.) For the A,B,C,D,a,b,c,d,e,f and z groups or 180.30
Euros ( 30,000 ptas.) for the E,F,G,H,I,J groups.
b. P.A.I. - Personal Accident Insurance covering injury under the conditions established in the policy held by Posh Cars.
c. T.P.- Theft Protection Insurance covering damage to the rented vehicle by theft or intended theft.
The following are expressly excluded from the Insurance cover:
a. All costs to the Rental company for damage to the vehicle when the vehicle
is being used in any way the contravenes the terms set out in this agreement,
even if the Renter has purchased Fully Comprehensive Accident Insurance with
deposit, whereupon the insurance is declared void and the Renter will be liable
for the cost of repairing any damage to the vehicle and an extra charge of 10.22
Euros ( 1,700 ptas.) a day for the time taken to repair the vehicle.
b. The amounts of the corresponding deposit, tools, car accessories, radio equipments, tyres, rims and crane service are not covered by any insurance. They are under the responsibility of the lessor as well as the payment of the possible damages.
The Renter agrees to immediately inform Posh Cars of any accident and to deliver
to them any letters, writ of summons or any other notification relating to the
accident and to fully assist Posh Cars and the Insurance company in the investigation
and the defence of any claims or lawsuits.
In the event of an accident or collision the Renter shall take the following steps:
a. Not to admit or prejudge liability for the accident.
b. To obtain full details of the other party and of any witnesses, which together with the details of the accident ( how, where, when, etc. ) will be urgently relayed to Posh Cars, or in the case of a serious accident will notify Posh Cars by telephone.
c. To immediately notify the authorities if the other party is liable.
d. Not to abandon the vehicle without taking adequate precautions to protect and safeguard it.
Failure to comply with any of the relevant steps may result in Posh Cars claiming, from the Renter, damages due to negligence, even if the Renter has purchased Fully Comprehensive Accident Insurance with deposit which in this case shall be declared void.
6. REPAIRS AND MAINTENANCE
The responsibility for mechanical wear and tear is assumed by the Rental Car Company. In case of breakdown Posh Cars shall be advised by telephone and will effect the repairs or immobile vehicle will be substituted for a similar model. In no case may the Renter claim damages for delay in handing over the vehicle, cancellation of the rental or immobilization due to repairs made during the rental period. The Rental Car Company is not responsible for injury caused by a manufacturer´s defect. Furthermore the Rental Car Company will take all possible precautions and do whatever is necessary to prevent the possibility, but will not be held liable for mechanical failure nor injury derived from such, nor is responsible for any costs, delays or injury of any form produced directly or indirectly as a consequence of these faults or breakdowns.
Any disagreement that may arise between the Renter and Posh Cars must be submitted expressly to the courts of Aarecife in Lanzarote (Canary Islands), and all rights to any other are hereby waived.