Terms of use
GENERAL HIRE TERMS AND CONDITIONS
RÍO RENTALS S.L.
IDENTIFICATION OF THE PARTIES
The rental company: RÍO RENTALS S.L., with Tax ID No. B24975757, registered office at Avenida Escandinavia nº 23 Bw 141, Santa Pola (Alicante), postcode 03130, email address info@riocars.es and telephone number +34 865 30 28 75.
PURPOSE OF THE CONTRACT
The rental company temporarily grants the Customer the use of the vehicle described in this contract, on a self-drive hire basis, in accordance with current Spanish legislation and these General Terms and Conditions.
CONDITION OF THE VEHICLE AND HANDOVER REPORT
The Customer declares that they receive the vehicle in apparent perfect working, cleaning and maintenance condition, except for any damage expressly recorded in the attached Handover Report. The Handover Report shall include:
– photographs of the vehicle;
– pre-existing damage;
– mileage;
– fuel;
– accessories provided;
– documentation;
– keys;
– tyres and general condition.
Signing the contract implies acceptance of the condition of the vehicle. Upon return, a joint inspection will be carried out. Any damage not recorded in the Handover Report shall be attributable to the Customer unless proven otherwise.
2. AUTHORISED DRIVERS
Only the persons expressly identified and authorised in the contract may drive the vehicle. The Customer shall be jointly and severally liable for any damage caused by an unauthorised driver.
3. DRIVER REQUIREMENTS
– Minimum age of 25 years.
– Driving licence valid in Spain.
– Minimum driving licence validity of 2 years.
The company may refuse the hire if these requirements are not met.
4. PROHIBITED USES OF THE VEHICLE
The following are expressly prohibited:
– driving under the influence of alcohol, drugs or psychotropic substances;
– reckless or negligent driving;
– using the vehicle for competitions;
– subletting or transferring the vehicle;
– transporting dangerous goods;
– transporting passengers as part of an unauthorised paid activity;
– driving outside suitable roads;
– tampering with the odometer;
– using the vehicle for unlawful purposes;
– driving with a withdrawn, suspended or expired licence;
– exceeding the maximum number of occupants;
– leaving the authorised territory without written consent.
Failure to comply may result in the loss of insurance cover in accordance with the terms of the policy and the Customer’s liability for any damage caused.
5. TERRITORIAL LIMITATION
The vehicle may only be driven within the countries authorised by the company and covered by the insurance. Driving outside the authorised territory without express written consent is prohibited. All costs arising from breach of territorial restrictions shall be borne by the Customer.
6. INSURANCE AND EXCESS
The vehicle has compulsory insurance in accordance with Spanish legislation. Cover is subject to the terms of the current policy. The applicable excess shall be €300 per claim.
The following shall not be covered:
– tyres;
– wheels;
– underside of the vehicle;
– clutch;
– interiors;
– windscreens and windows, unless specifically covered;
– loss of keys;
– incorrect refuelling;
– damage caused by negligence;
– prohibited driving;
– damage arising from breach of contract.
The company may block or charge the Customer’s card for the amount corresponding to the applicable excess and any other damage not covered under this contract. In cases of wilful misconduct, gross negligence or breach of contract, the Customer shall be liable for the full amount of the damage.
7. ACCIDENTS, BREAKDOWNS AND THEFT
In the event of an accident, theft, fire or breakdown, the Customer must:
– stop the vehicle immediately;
– notify the company within a maximum of 24 hours;
– notify the authorities where appropriate;
– complete an accident report form;
– cooperate with the insurer and the company.
The Customer shall not accept liability towards third parties without authorisation. Failure to notify the company may result in loss of cover.
8. ABANDONMENT OF THE VEHICLE
In the event of abandonment of the vehicle, return to an unauthorised location or inability to recover the vehicle attributable to the Customer, the Customer shall bear all costs of location, recovery, towing, storage and any damage caused.
9. SECURITY DEPOSIT
The Customer expressly authorises the blocking or charging of a security deposit of €300 on their bank card.
The security deposit may be used to cover:
– damage not covered by the insurance;
– excesses;
– missing fuel;
– fines and tolls;
– extraordinary cleaning;
– loss of keys;
– interior damage;
– administrative costs;
– late return of the vehicle;
– contractual penalties.
The security deposit will be returned within a maximum period of 30 days from the return of the vehicle, unless there are pending incidents. Subsequent charges may be made within the legal periods necessary for the receipt of penalties, hidden damage or third-party claims.
10. ROADSIDE ASSISTANCE
The company will provide roadside assistance in accordance with the contracted policy.
The following shall not be covered:
– loss of keys;
– punctures caused by negligence;
– lack of fuel;
– incorrect refuelling;
– flat battery caused by misuse;
– recovery outside suitable roads.
These costs shall be borne by the Customer.
11. FUEL POLICY
The vehicle must be returned with the same fuel level as when it was handed over. Otherwise, the company may charge:
– the cost of the missing fuel;
– the refuelling service;
– reasonable management costs duly notified to the Customer.
12. FINES AND ADMINISTRATIVE COSTS CLAUSE
The Customer shall be solely responsible for any fine, penalty, toll, charge, vehicle removal, immobilisation or cost arising from administrative or traffic offences or legal breaches committed during the hire period.
RÍO RENTALS S.L. may identify the driver to the competent authorities and pass on to the Customer the administrative costs arising from the management of each file, with a fixed charge of FORTY-FIVE EUROS (€45), VAT included, for each procedure handled. Likewise, the Customer expressly authorises RÍO RENTALS S.L. to make a preventive hold or charge on the bank card provided for the total amount of the penalty, fine or cost claimed by the competent authority, as well as the associated administrative costs. This hold or charge may be made even after the end of the hire contract, once the corresponding notification has been received from the Administration or managing body.
13. RETURN OF THE VEHICLE
The vehicle must be returned:
– on the agreed date, at the agreed place and time;
– with keys and documentation;
– in the same condition as when handed over.
A delay of more than 2 hours authorises the company to charge additional days, apply penalties and take the appropriate legal action, including notifying the competent authorities.
14. PROHIBITION OF PROFESSIONAL USE
The use of the vehicle for professional passenger or goods transport activities is prohibited, including taxi, private hire vehicle services, Uber, Cabify, delivery or similar services, unless expressly authorised in writing by the company.
15. CLEANING AND INTERIOR CONDITION
The vehicle must be returned in a reasonable state of cleanliness. Additional charges will apply for:
– extreme dirt;
– stains;
– odours;
– smoke;
– transport of animals without protection;
– interior damage.
The company may apply reasonable cleaning charges according to the condition of the vehicle.
16. LOSS OF KEYS AND DOCUMENTATION
The Customer shall bear all costs arising from:
– loss of keys;
– duplicates;
– electronic reprogramming;
– immobilisation;
– transport;
– loss of documentation.
17. CANCELLATIONS AND NO-SHOW
Cancellations must be notified in writing. The company may retain or charge additional amounts depending on the notice given, season and administrative costs.
Failure to appear, known as a “no-show”, shall entitle the company to cancel the booking without refund. No amounts paid shall be refundable.
18. REPLACEMENT VEHICLE
The company does not guarantee a replacement vehicle unless expressly contracted. Subject to availability, an equivalent or similar vehicle may be offered.
19. FORCE MAJEURE
The company shall not be liable for breaches arising from:
– weather conditions;
– disasters;
– strikes;
– government restrictions;
– pandemics;
– unrelated breakdowns;
– dangerous driving;
– unlawful use;
– false documentation;
– risk to the vehicle;
– acts of third parties.
20. TERMINATION OF THE CONTRACT
The company may terminate the contract early due to:
– breach of contract;
– dangerous driving or unlawful use;
– false documentation;
– risk to the vehicle;
– non-payment.
21. INVOICING AND PAYMENTS
The Customer expressly authorises card charges relating to:
– hire;
– extensions;
– damage;
– fines;
– excesses;
– fuel;
– penalties.
Invoices may be issued electronically. The company may require a valid nominative bank card in the name of the main driver in order to formalise the hire and block the corresponding security deposit.
22. ELECTRONIC SIGNATURE
A handwritten, digitised, biometric or electronic signature shall have full legal validity in accordance with EU Regulation 910/2014 (eIDAS) and Law 6/2020 on trusted electronic services.
23. MILEAGE
The hire includes a maximum of 150 km per hire day. Excess mileage will be charged at €0.20 per additional kilometre.
24. DATA PROTECTION (GDPR)
Data controller: RÍO RENTALS S.L. — Tax ID: B24975757
Address: Avenida Escandinavia nº 23 Bw 141, Santa Pola (Alicante), postcode 03130
Privacy email: info@riocars.es
Purposes of processing:
– contract management;
– invoicing;
– payments;
– insurance management;
– customer service;
– legal compliance;
– fraud prevention;
– management of penalties;
– commercial communications, where consent exists.
Legal basis:
– performance of a contract;
– legal compliance;
– legitimate interest;
– express consent.
Data retention:
– during the contractual relationship;
– subsequently, during the legal tax and commercial retention periods;
– while legal liabilities may exist.
Recipients:
– insurers;
– authorities;
– public bodies;
– financial institutions;
– debt collection companies;
– technology providers.
Rights of the data subject:
– access;
– rectification;
– erasure;
– objection;
– restriction;
– portability.
The Customer may exercise their rights by submitting a written request to info@riocars.es. They may also lodge a complaint with the Spanish Data Protection Agency.
Geolocation and telemetry:
The Customer accepts that the vehicle may include GPS and telemetry systems for: security, recovery in the event of theft, maintenance control and contract management. The data will not be used for incompatible purposes. The legal basis for processing shall be the company’s legitimate interest in protecting its assets and preventing fraud.
Full information on data protection can be consulted in the Privacy Policy available at www.riocars.es.
25. APPLICABLE LAW AND JURISDICTION
This contract shall be governed by:
– the Spanish Civil Code;
– the General Law for the Defence of Consumers and Users;
– Spanish traffic and insurance regulations;
– GDPR EU 2016/679;
– Organic Law 3/2018 (LOPDGDD).
The parties submit to the Courts and Tribunals of the consumer’s domicile where the law so provides.
EXPRESS ACCEPTANCE
The Customer declares that they:
– have read the contract in full;
– understand its clauses;
– expressly accept the general terms and conditions;
– receive a copy of the contract.
