RENTAL TERMS AND CONDITIONS
VEHICLE RENTAL REQUIREMENTS AND CONDITIONS:
- National Identity Document or Passport.
- Valid driver's license corresponding to the model you wish to rent.
- You have to be over 25 years old for all the cases, 3 years of experience in the B1 license authorize up to 125cc, permission to drive A2 for 125cc, 150cc or 250cc with 2 years of experience.
- Credit card in all rentals except for scooters 50cc and 125cc, and bicycles in which if the customer does not have a credit card can leave a deposit of 500€ which will be returned upon delivery of the vehicle, except in the non-electric mountain bike which will be 200 €.
- The collection schedule will be from 08:00h to 22:00h
INCLUDED IN THE BASIC RENTAL
- Fully comprehensive insurance with deposit*. You can avoid leaving a deposit if you choose the All Inclusive option.
*Depending on the model, from 350€ to 1200€
- 1 or 2 helmets
- 24-hour roadside assistance
- Mileage limited to 300kms/day, with the exception of the 50cc and 125cc models, which will have no limitation. Price per extra km: 0.30€.
INCLUDED IN THE ALL-INCLUSIVE RENTAL
- Fully comprehensive insurance with no deposit
- Unlimited mileage
- 1 or 2 helmets
- 24-hour roadside assistance
- Additional driver
NOT INCLUDED IN THE RENTAL
- GPS (10€ per day, maximum 40€ per rental) only for BMW models with more than 600cc
- Jacket (6€ per day, maximum 36€ per rental)
- Gloves (3€ per day, maximum 18€)
- Out of hours: You have the possibility to pick up your vehicle 24 hours a day; although those vehicles that are withdrawn between 11:00 p.m. and 7:00 a.m. will pay for this delivery service outside office hours the amount of 35 euros per vehicle delivered. Reservations will only be accepted after hours, that is, between 11:00 p.m. and 7:00 a.m. It is essential to provide the flight number.
- Fines: The Customer is responsible for the payment of fines for traffic, parking or other infringements incurred during the period of rental of the vehicle and during the time it has been in his possession until the actual delivery of it. Marbesol will charge the amount of 30€ (VAT included) for the costs of management and processing as it is obliged to communicate to the relevant authorities the data of the Client as well as data from the rental contract within the legal period established. This fee does not include the payment of the fine.
- Additional driver: You have the possibility of adding an additional driver who will also be covered by the insurance, although a supplement of 6 euros per day (minimum 12 euros and maximum 72 euros for each) will be paid. All Clients and/or authorised drivers shall be jointly and severally liable for all of the Client's obligations arising from the Contract and the laws applicable to it.
- Payment methods accepted are: Visa or MasterCard credit card and debit card with deposit for models 50cc and 125cc, and bicycles.
- No Maestro or Electron debit cards will be accepted.
- Payment with Diners Club, American Express, or Postepay will not be accepted.
- Prepaid cards and virtual cards will not be accepted.
- Payment by cash, smartphone, bank check or wire transfer will not be accepted.
- The holder of the bank card with which the rental payment is made must be the contract holder and the contract holder must be present at the time of collection.
- Only one bank card can be used per contract and must be nominative.
- The card holder, who will be the same as the contract holder, will be responsible for the payment of any extra caused by the additional drivers of the contract.
- The payer will be responsible for knowing the PIN of your bank card if you pay with a card that includes this technology.
- The payer must ensure that his bank card has sufficient funds at the time of collection of the vehicle to be able to collect the rental with all the options contracted and also, if appropriate, block the amount of pre-authorization for the group of vehicle rented.
Upon collection of the vehicle and payment of the rental, Marbesol will charge the rental charges to be paid at the counter to the contract holder's bank card and block the pre-authorisation for the rented vehicle.
The pre-authorisation is the amount of the excess which will be blocked on the bank card of the holder of the contract provided at the time the vehicle is collected, in the event that the All Inclusive Option is not contracted.
USE OF THE VEHICLE
The Customer undertakes to keep the vehicle in good condition and in particular, without prejudice to the obligations that may appear in other clauses of this Contract, to:
- Use and drive the vehicle diligently, respecting the Law on Traffic, Circulation of Motor Vehicles and Road Safety and other applicable provisions. Any negligence for not respecting the rules will imply that the insurance coverage contracted will not be applicable as far as the damage of the rented vehicle is concerned.
- Without limiting the generality of the provisions of the preceding paragraph, it is obligatory not to drive the vehicle under the influence of alcoholic beverages, narcotics, psychotropic substances, stimulants or similar substances or in states of reduced driving capacity, such as fatigue or illness, or allow driving the vehicle to whoever is in such circumstances.
- Do not use the vehicle for illegal purposes.
- The use of the motorcycle in competitions or circuits is prohibited.
- The vehicle may only be driven by the person indicated in the contract. If the motorcycle is driven by an unauthorized person, it will not be covered by the insurance either.
- The motorcycle may only be ridden on asphalt roads, complying with the regulations of the traffic code, the customer being responsible for all expenses incurred by not complying with this rule.
- In case of damage of any kind, repairs during the time of this contract will be made only with the consent of Marbesol.
- The customer is liable for any damage to the motorcycle caused by his own fault.
- The motorcycle is delivered with keys and documentation in prefect conditions and ready to drive. In case of loss of keys or documentation must be paid. Cost of these, 50 €.
- Personal belongings are not insured.
- Not to move the vehicle out of the Iberian Peninsula (also excluding Gibraltar and Portugal) unless prior written authorization has been obtained from Marbesol.
RETURN OF THE VEHICLE
The return of the vehicle must take place at the branch, date and time stipulated in the rental contract. The vehicle will be returned by the Customer in the same condition in which it was delivered, along with all documents, auxiliary equipment, tires, tools and accessories.
The Client may not alter any technical characteristic of the vehicle, keys, equipment, tools and/or accessories thereof, nor make any modification to its exterior and/or interior appearance. If he does so, the Customer shall bear all the expenses necessary to return the vehicle to its original condition, without prejudice to the damages caused to Marbesol as a result of the reconditioning for the time the vehicle had to be immobilized, as well as any other damages caused to Marbesol.
Late return/delivery of the vehicle
In case of return by the customer of the vehicle at a date, time or place other than that indicated in the contract, will be charged for an extra day at the current daily rate for each day or portion of day of delay in delivery of the vehicle. A grace period of 120 minutes is granted for delivery of the vehicle from the scheduled time. Likewise, a penalty of 35€ for each day of delay is established.
If the Client returns or abandons the vehicle in a place other than that indicated in the Contract, Marbesol may also demand the costs caused by transfers, cranes, tolls, storage and custody.
In the event that Marbesol is delayed in the delivery of the vehicle by more than 120 minutes from the signing of the rental contract, the client will be compensated for an extra day at the current daily rate for each day or portion of a day of delay in the delivery of the vehicle. Likewise, a penalty of 35€ for each day of delay is established.
EXTENSION OF THE TERM OF THE CONTRACT
If the Client wishes to extend the rental, he may do so by visiting one of Marbesol's offices in order to sign the extension of its duration and make the corresponding payments. This extension will be subject to the availability of the vehicles. Extension of any contract via telephone, email or text message will not be possible.
Unilateral extension on the part of the Client shall be considered as an unauthorised use of the vehicle for the purposes of the Client's liability for any damage to the vehicle, and shall also be treated as if the vehicle had not been returned within the agreed period.
The Client and any authorized driver participate as insured in an Automobile Insurance Policy, a copy of which is available at the Marbesol office where the vehicle is hired. This policy includes Civil Liability for damages to third parties derived from the use and circulation of the vehicle.
Also covered are damages to the vehicle in the event of collision, theft, fortuitous fire or vandalism, provided that the following conditions are met:
- The Client must notify Marbesol of the incident within a maximum period of twenty-four hours, providing the necessary documentation such as: accident report duly completed and signed by both parties, data of possible witnesses, report to the authorities, etc.
- That the insurance company does not reject the claim on the grounds that the driver did not comply with the physical and mental conditions required by the Highway Code.
- That the incident did not take place during the course of an improper use of the vehicle.
- That the client has contracted the All Inclusive option. In the case of having hired the Basic option must pay up to the maximum amount of the franchise.
The damage insurance does not include in any case damage to tyres, punctures, blowouts, nor does it include the cost of recharging the battery, loss of key, towing, taxi for journeys after an accident, error in the type of fuel used, nor the amount corresponding to the days the vehicle was stopped until it was repaired.
To cover all or part of these risks there are additional insurances that can be contracted at the time of collecting the vehicle, whose coverages and guarantees will only be valid if the Customer complies with the conditions established above for damage to the vehicle itself.
The All Inclusive insurance will cover damage to wheels, battery, loss of key, tow truck, taxi for transfers after an accident and error in the type of fuel.
The Client undertakes to immediately inform Marbesol of any claim that occurs or damage caused to the rented vehicle and to immediately transmit to Marbesol any letters, summons or notifications that refer to said claim and to cooperate fully with Marbesol and the insurance company in the investigation and defence of any claim and process. It will be obligatory the presentation, with a maximum lack from the event of 24 hours, of the accident report or damages duly prepared by the Client. In particular, if an accident occurs, the Client will take the following measures:
- Obtain complete data on the persons involved in the accident, as well as possible witnesses, sketches of the accident, as well as data on the opposite vehicle (license plate, model, insurer, policy number whenever possible, etc.).
- Transmit as soon as possible to the lessor the data referred to in the previous paragraph and other details of the accident.
- Notify the authorities immediately if the guilt of the other party should be investigated or in the case of injuries.
- Do not leave the vehicle without taking appropriate measures to protect and safeguard it.
In the event of fire, vandalism, theft or disappearance of the vehicle, the Customer undertakes to notify Marbesol immediately, and submit the corresponding report to the police.
In compliance 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 (RGPD), as well as in compliance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), we hereby inform you of the following points related to the processing of personal data related to the online purchase process:
RESPONSIBLE FOR THE TREATMENT
|The personal data collected will be processed, as Data Controller, by NEW CARS COSTA DEL SOL, S.L. (hereinafter, MARBESOL) with NIF B92552694 with registered office at C/ García Morato, 50, Loc. 2, 29004 Málaga; registered in the Commercial Register of Málaga, Volume 3582, Book 2494, Folio 177, Page MA-71065 and 1st Inscription; telephone: 952 23 35 07; email: [email protected]
PURPOSE OF TREATMENT
|The information collected in the online reservation process is processed for the purpose of processing the vehicle rental through this website. The data collected is of an identification and contact nature, as well as data related to the
purchase process (invoicing data and payment method).
Furthermore, we will use your identification and contact data to send you personalized information about products similar to those that have been contracted. Notwithstanding the foregoing, you can request to unsubscribe from receiving commercial communications by clicking here.
BASE THAT LEGITIMIZES THE TREATMENT
|The basis that legitimizes the processing of data related to the online reservation process is the execution of the contractual relationship between the parties. In relation to the sending of commercial communications, the basis that legitimizes the treatment is the legitimate interest of MARBESOL in keeping customers informed about products similar to those that have been contracted so that they can have access to our promotions and offers.
INFORMATION RETENTION PERIOD
|The information related to the online reservation process will be stored for the period necessary to manage the delivery and collection of the vehicle; Subsequently, the information will be kept blocked during the limitation period for
legal actions and, after said period, it will be deleted.
In the case of sending commercial communications, the information will be kept indefinitely unless you ask us not to send you new communications, in which case we will proceed to unsubscribe you immediately from the distribution list of said commercial communications.
|MARBESOL will communicate your personal data that is strictly necessary to comply with the General Conditions of Contract signed with the client, as is the case of payment platforms, banks and companies with respect to which said communication is necessary so that transactions that are necessary at any time can be processed.
|International data transfers are not foreseen.
EXERCISE OF RIGHTS
| The Client has the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes
that were collected. The Client may request the limitation of the processing of their data, in which case MARBESOL will only keep them for the exercise or defense of claims. In certain circumstances and for reasons related to their
particular situation, the Client may oppose the processing of their data. In this case, the Company will stop processing the data, except for legitimate reasons, or the exercise or defense of possible claims. Finally, we inform you
about your portability right provided for in the RGPD so that your data can be provided to the Data Controller indicated by the Client. To make these rights effective, the User may choose to send an email to [email protected] or
send a letter to the following address: Calle García Morato, 50 Local 2, 29004 Málaga, Spain.
In the cases in which you consider that during the processing of data by MARBESOL your rights in terms of data protection have been violated, especially when you have not obtained satisfaction in the exercise of your rights, we inform you that you can present a claim before the competent Data Protection Control Authority (Spanish Data Protection Agency- www.aepd.es).