General terms and conditions
1. Use of the vehicle
The renter receives the in the contract listed vehicle together with accessories in a proper and functional condition. The renter promises to keep it and to drive the vehicle according to the regulations of the road traffic regulations. It is expressly prohibited:
a) To use the vehicle for the transport of persons or goods or any other activity that involves either the direct or indirect subleasing of the vehicle.
b) To give permission to unauthorized persons to drive the vehicle.
c) Driving in the state of physical weakness caused by illness, exhaustion, alcohol or drugs.
d) Driving on forest roads, on the beach or on unpaved or unapproved roads.
e) To use the car for any kind of sports competition.
f) To manipulate the odometer. The rental company is to be notified without delay of any damage to the odometer.
g) That the vehicle leaves the island, with the exception of the written permission from the rental company.
h) The transport of animals. In this case the renter is responsible for cleaning the vehicle.
In the event of a breach of any of the aforementioned prohibitions, the accident insurance coverage shall be invalid, in case of an accident.
As well as in the event of a breach of one of these points the rental company Nguyen y Weinrich, S.L. reserve the right to cancel the contract without prior notice and to take back the car. The guarantee sum or advance payments remain by the car rental company.
2. Return of the vehicle
The vehicle is returned to the place, on the date and by the time shown in the rental contract. Any changes regarding the return details must be approved by the car rental company. A rental day is 24 hours. In case of a delayed return, the renter pays a fifth of the agreed daily price, for each hour of delay. If the renter does not renew the contract with the car rental company in advance, he or she will take over the risk of being accused of unlawful appropriation and in the event of an accident, the insurance is invalid. In the event of the breach of this condition the car rental company has the right to reclaim the vehicle by judicially.
3. Payment and rent
The renter agrees to pay, in addition to the amounts specified in the rental contract, the costs for:
a) Loss or theft of accessories, tools, spares wheels, battery and vehicle papers. The loss of the vehicle papers, as well as the loss of the keys, have a by the company determined price, which will be settled at the time of the contract billing.
b) Penalties for tickets for any traffic infringement, as well as towing costs for unauthorized parking of the vehicle.
c) All damage or defects of the vehicle due a collision or another reason, which are not covered by the accident insurance of paragraph 4.
d) In case of a mechanical damage or an accident the transport of the vehicle to our workshops.
In the event that the vehicle was towed by the municipal towing company or if it is immobilized by official representatives, the renter does not have the right of a vehicle replacement if he or she does not accept and pay the towing costs. In all cases, the car rental company reserves the right to rent another vehicle to the renter.
4. Insurance and risk cover costs
The insurance cover provided from the car rental company, covers the renter and the authorized additional driver against the legal liability (the damage of third parties) in the amount of 50 million euro, security deposits and legal costs which can be demanded by the driver. The responsibility of the renter, in relation caused to the damage to the rented vehicle, is fully covered by theft or fire; the remaining damages caused by the renter are limited to the corresponding excess. The renter of the vehicle can exclude the excess by paying a surcharge.
In case of a non-performance of the provisions of this contract, which is mandatory for the renter, all insurance policies will be cancelled. The renter is responsible for what is happening with the vehicle and must pay any possible charges. Explicitly excluded from the cover is loss, theft/ robbery or damage of objects transported in the rented vehicle. Damage to tires and rims will be charged to the renter. The excess for vans and minibuses are based on the currently applicable tariffs.
In case of an accident the renter is obliged:
1) To provide a copy of the police accident report while returning the rental car.
2) To not move the vehicle from the place of the accident until the local police arrives.
3) To not make with the other party an agreement regarding the circumstances or cause of the accident.
4) To not leave the damaged car without the necessary precautions against further damages or losses.
5) To protocol all date from the other party (driver, owner, vehicle, insurance company). If this doesn't happen, the renter covers the accident costs.
6) To pay the amount of the corresponding excess for the collision insurance in the amount of the sum stated on the contract.
In case of a non-performance of one of these points, the result will be the loss of the full insurance cover.
6. Responsibility of the car rental company
The hired vehicle is at the current state of the legally required vehicle inspections "TÜV", so in case of accidental damage which the renter has caused directly or indirectly the rental car company is not responsible for the damage.
7. Negligent driving behaviour
If the renter drives the vehicle of Nguyen y Weinrich S.L. under the influence of drugs, alcohol or anything else affecting the ability to drive, the renter held the responsibility for any damages or defects to the vehicle, as well as other vehicles, persons, etc. and therefore the insurance cover is invalid. The renter is also responsible for possible sanctions and claims for damages. In the case of an accident, the renter has no right to a replacement vehicle; nor to reimbursement of any sum.
8. Legal status
In the case of any dispute concerning the fulfilment and implementation of this contract, the parties of this contract agree expressly submit to the jurisdiction of the judicial authorities of the Province of Santa Cruz de Tenerife and expressly waiving any other jurisdiction that may correspond to them.
9. Legal regulation
The received personal data will be handled according to the data protection law 15/99 from 13th of December. The renter has access to his data at any time and can change or delete the data by requesting it to the company by e-mail or post.