General conditions

ARTICLE 1
 

VEHICLE USE

1.1 The Customer undertakes to use and drive the Vehicle in accordance with the basic rules of driving and the Highway Code and in compliance with the specifications for the use of the specific Vehicle type.

1.2 The Customer undertakes not to use the Vehicle and/or allow the Vehicle to be used for the following:

a. Carrying passengers for hire or reward.
b. Pushing or towing another vehicle or any other object, whether or not on wheels.
c. Participating in official or non-official competitions; carrying out resistance tests on materials, accessories or products (except where specifically authorised to do so by the Rental Company).
d. Driving the Vehicle under the influence of alcohol, drugs or any other type of narcotic substances.
e. Transportation of goods in breach of the Law or current legal provisions, or for unlawful purposes.
f. Transportation of a number of passengers in excess of that authorised and specified in the Vehicle Log Book and/or Technical Inspection Sheet.
g. Transportation of goods in weights, quantities and/or volumes in excess of that authorised in the Vehicle Log Book and/or Technical Inspection Sheet.
h. Transportation of inflammable and/or dangerous goods, as well as toxic, harmful and/or radioactive products.
i. Transportation of live animals (with the exception of domestic pets and/or mascots, subject to prior authorisation by the Rental Company).
j. With a roof rack, luggage carrier or similar, unless supplied by the Rental Company.

1.3 The Vehicle must not be driven by anyone other than the person or persons specified and accepted by the Customer in the rental agreement and/or any attachments thereto, as long as such are aged 18 or over and are in possession of a valid, current driving license. The Spanish law states that every non-European driving license not written in Spanish should be translated by an official translator. However, non-European driving licenses written in English are most of the time also accepted by the local police. But please note that Via Vespa can never be responsible for any rejection of your license by the local authorities.

1.4 Customers must attain prior administrative authorisation (Permit and License) where driving licenses are issued abroad and current legislation so requires. The Customer must display said documents to the Rental Company before drawing up the rental agreement.

1.5 The Customer undertakes to lock the Vehicle when not in use (using the devices supplied by the Rental Company to this end) and to keep its documents.

1.6 The Customer undertakes to park the Vehicle in an appropriately guarded place when not in use.

1.7 The Customer may not transfer, rent, mortgage, pledge, sell or provide as guarantee in any way: the Vehicle, rental agreement, keys, documentation, equipment, tools and/or accessories and/or any part or piece of such; nor treat such in any way as could damage the Rental Company.

1.8 The Customer must stop the Vehicle as soon as possible should any of the instrument panel warning lights, intended to indicate the existence of a problem, light up, or if you become aware of anything else which may indicate the presence of a possible failure or poor function. In this case, the Customer must contact the Rental Company or the Roadside Assistance Company specifically authorised by the Rental Company, as applicable. Costs charged by a third party Roadside Assistance Company will only be accepted in emergencies and when the Rental Company has specifically authorised such.

1.9 The Vehicle may not be loaded on ferries, trains, lorries or aeroplanes (unless specifically authorised in writing by the Rental Company).

1.10 Any damages as may be suffered by the Rental Company due to failure to comply with the conditions established by this Article and/or for use of the Vehicle other than that agreed with the Customer shall authorise the Rental Company to collect the Vehicle from the Customer and to invoice and charge him for all amounts duly justified as required for repairs, or other expenses deriving from such damages. In this case, the Rental Company shall provide the Customer with 5 days written notice of such

ARTICLE 2

VEHICLE CONDITION

2.1 The Rental Company shall supply the Vehicle to the Customer in good apparent condition in terms of function and external appearance. The Vehicle shall be supplied clean and will have passed the Rental Company's internal checks. It will be provided with all its tyres in good condition and without punctures.

2.2 As an exception to the provisions of Article 5 of these General Conditions, in the event of deterioration, damages, loss and/or theft of any of the tyres, the Customer undertakes to replace such immediately, at his own expense, with other tyres with identical characteristics as the originals and the same make and model.

2.3 The Customer is specifically prohibited from changing any technical characteristics of the Vehicle, the Vehicle keys, equipment, tools and/or accessories and from making any changes to its exterior and interior appearance (unless specifically authorised to do so in writing by the Rental Company).

ARTICLE 3

RENTAL RATES, DURATION AND EXTENSION

3.1 The rental price is stated on the rental agreement and established according to the Current General Tariffs (with reference to services, taxes and duties) and in accordance with the initial price agreed with the Customer at the time of rental, according to the tariff selected.

3.2 As an exception to the provisions of Article 5 of these General Conditions, in the event of deterioration, damages, loss and/or theft of any of the tyres, the Customer undertakes to replace such immediately, at his own expense, with other tyres with identical characteristics as the originals and the same make and model.

3.3 Rental duration shall be agreed in the agreement and invoiced in units of twenty-four hours. Rental period starts from the time at which the agreement is drawn up. The Rental Company shall grant a courtesy period of 59 minutes, after which an additional day's rental shall be invoiced and a 50-euro fine applied at the Customer's expense for each day. Should the Customer fail to return the Vehicle within the terms agreed, the rental agreement shall be considered as tacitly extended where the Rental Company does not object to such. The corresponding amounts due for the rental price per day extension shall therefore be due, in addition to the supplementary fines established per day for which the Customer fails to formalise the relevant documents extending the agreement with the Rental Company.

3.4 In the event of an extension to the agreement agreed by both parties, or the return of the Vehicle beyond the terms for any reason, the rates applied shall be as stated on the Current General Tariffs.

3.5 In no case shall any deposit or amounts supplied as guarantee at the start of rental be used to extend the rental duration. In the event that the Customer should wish to keep the Vehicle for a longer period of time than that initially agreed, he must first contact the Rental Company for authorisation and immediately pay the additional deposit as may be required for said extension.

3.6 The Customer undertakes to return the Vehicle to the Rental Company at the time and on the date agreed and in the place established in the rental agreement. Returning the Vehicle to a place other than that initially agreed, where such is accepted by the Rental Company, shall entail payment of a further fine of 50 euros by the Customer.

3.7 The service shall only be considered as complete once the Vehicle and its keys have been delivered to the Rental Company during office hours

ARTICLE 4

PAYMENT

4.1 The Customer undertakes to pay the following to the Rental Company:

a The amount resulting from the application of the Current General Tariffs and the initial price agreed on the rental agreement according to the tariff chosen, corresponding to the duration, insurance, additional equipment and complementary services in question, in accordance with the conditions agreed and applicable taxes and duties.
b. The amount resulting from the provisions of Article 5 of these General Conditions and the Current General Tariffs (with reference to insurance) for the rental rates, excess or maximum liability in the event that any of the insured situations should arise.
c.The amount of indemnity due for Vehicle immobilisation under any circumstances, assuming that such is not the fault of the Rental Company, calculated as applicable according to the number of days necessary for Vehicle repair, on the basis of the corresponding invoice and calculating one day for every eight hours work. The daily tariff agreed will be used to calculate this amount. In the event of loss or theft, the Customer will only be liable to pay the Rental Company the value of one day's ental plus the corresponding amount in accordance with the provisions of Article 5 of these General Conditions (with regards to rental rates, excess and maximum liability).
d.The cost of moving and/or repairing damages to the Vehicle due to the use of unsuitable fuel, in breach of the provisions of Article 8 of these General Conditions. This amount will be calculated in compliance with subsection c) above.
e.The cost of all fines and penalties incurred due to notice of any breach of current legislation and, in particular, in relation to the Highway Code and Traffic Safety Laws deriving from the use by the Customer of the Vehicle rented, in addition to any charges corresponding to late payment by the Customer and all legal or out-of-court costs as may be sustained by the Rental Company as a consequence of such.
f. A fine of 50 euros should an employee of Via-Vespa be required to travel to a local depot to collect any Vehicle withdrawn due to the Customer's liability.
g. Any amount that, for any reason, may derive where the Customer has caused damages to third parties or the Rental Company, even where insured. If insured, once the Rental Company has received the value of the damages paid from the insurance company, the Rental Company shall return the amount paid to cover this to the Customer.

4.2 Payment of the amounts specified in section 4.1 above must be made by credit card or in cash. In the latter case, payment must be made in a currency accepted by the Rental Company and according to the market exchange rate at the time of invoicing. Additional administrative fees of 3% will also be charged where payment is made in a foreign currency.

4.3 Should the Customer fail to make the payment concerned within 24 hours of such being due, the Rental Company may deduct these amounts from the deposit or advance paid and claim any outstanding amounts by taking legal action or reaching out-of-court settlements. In these cases, no further notice is necessary.

ARTICLE 5

COMPULSORY VEHICLE INSURANCE, THEFT, LOSS AND DAMAGES TO THE VEHICLE.

5.1 This coverage is guaranteed and accepted by the insurance company with which the Rental Company holds an agreed, corresponding insurance policy. It is subject to the general and specific conditions of the insurance policy and governed by current legislation.

5.2 By signing the rental agreement, the Customer accepts his insurance by the stated policy. A copy is available for his consultation in all offices of the RENTAL COMPANY. The Customer declares that he has read these conditions.

5.3 In any case, an excess or maximum liability is established for the Customer, to be paid by him to the RENTAL COMPANY where any of the insured events should arise.

5.4.1 For damages covered by compulsory vehicle civil liability insurance, there is no excess or maximum liability.

5.4.2 For damages covered for other risks (theft, loss, damages to the Vehicle), the Customer shall be applied excess or maximum liability of 500 euros.

5.5 This maximum liability shall not be applied if the Customer fails to duly comply with his part in the accident and, where applicable, make due declaration of the accident or theft clearly providing the data of the Vehicle and drivers involved and the conditions and circumstances in which it occurred. The Customer must provide this document to the Rental Company, duly completed, within maximum terms of forty-eight hours (without prejudice to Acts of God) of the date on which the insured event occurred.

5.6 This maximum liability will also not be applied in the event of Customer breach of any of the conditions specified by Article 1 of these General Conditions.

5.7 In the circumstances described by subsections 5.7 and 5.8 above, the Customer accepts full liability for all consequences and will reimburse the RENTAL COMPANY for all damages as may be incurred.

5.8 Damages of all types as may be suffered by the Rental Company or third parties deriving from this Article and receipt of the afore-stated excesses for any of the circumstances insured, shall authorise the Rental Company to collect the Vehicle from the Customer, withdraw unilaterally from the agreement and invoice and charge the Customer, with no need for prior written notice to this effect, for all amounts duly and justifiably paid to repaid said damages or receive said excess.

ARTICLE 6

UNINSURED RISKS

6.1 The Customer accepts full liability for said uninsured events and shall reimburse the RENTAL COMPANY for all costs suffered by such directly or indirectly due to said damages, with no limit.

6.2 Damages of all types as may be suffered by the Rental Company or third parties deriving from this Article due to occurrence of any of the circumstances that are not insured, shall authorise the Rental Company to collect the Vehicle from the Customer, withdraw unilaterally from the agreement and invoice and charge the Customer, with no need for prior written notice to this effect, for all amounts duly and justifiably paid to repaid said damages or receive said excess.

ARTICLE 7

FUEL

7.1 The Fuel consumed by the Vehicle during the rental period is at the Customer's expense.

7.2 The Customer must refuel the Vehicle using the correct type of fuel. Failure to do so will lead to the Customer's being charged for all expenses incurred in moving and/or repairing any damages as may be caused to the Vehicle due to the use of unsuitable fuel.

ARTICLE 8

DEPOSIT

The Customer must provide the Rental Company with a deposit of 300 euros to cover any damages as may be suffered by the Rental Company under this agreement. This amount will only be returned to the Customer when the Rental Company has noted that there is no cause to withhold this by virtue of the provisions of these General Conditions. The deposit can be reduced to an amount of 150 euro by paying an additional cost of 10 euro.

ARTICLE 9

ADDITIONAL FURTHER COSTS

Any additional amounts as may be charged to the Rental Company by virtue of the provisions of these General Conditions may be withheld directly from the deposit. Should these amounts exceed the value of the deposit, the excess may be charged directly by the Rental Company to the credit card account provided by the Customer, with no need for him to sign again. By signing this agreement, the Customer hereby authorises this transaction.

ARTICLE 10

AMENDMENTS TO THE RENTAL AGREEMENT

These General Conditions, in addition to all the remaining clauses of the rental agreement, can only be amended by written agreement signed by both parties.

ARTICLE 11

COMPUTER PROCESSING OF PERSONAL DATA

The Customer authorises the automatic processing of his personal data as supplied by this agreement and required to provide the service agreed, in addition to for the offer and contracting of other products and services provided by the Rental Company. The Customer is notified of his right to access, rectify and, if applicable, delete his personal data by presenting a written request to this effect to the RENTAL COMPANY. In the same way, the Customer consents to the Rental Company's transferring his data to other companies belonging to the group, its franchises or third parties with whom the Rental Company draws up collaboration agreements in order to provide the best possible vehicle rental service, whether such are based in Spain or abroad. This is in compliance with Spanish personal data protection laws.

ARTICLE 12

APPLICABLE LEGISLATION AND JURISDICTION

12.1 This agreement is governed by and interpreted according to the laws of the country in which it is signed.

12.2 Any disputes that may arise with regards to this agreement between the Rental Agreement and Customer are the competence of the Spanish courts and tribunals in the place where the agreement is signed. Both parties agree to accept the jurisdiction of such.