General terms & conditions

  1. Validity of the contract

1.1 The rental contract comes into existence only in written form between the lessees and the lessor

1.2 Verbal agreements, without written confirmation, by the lessor are non-binding and have no legal validity.

  1. Reservation

2.1 Reservations are binding only after written confirmation by the lessor.

2.2 Reservations without providing the mandatory down payment by the lessee, are non-binding for the lessor.

2.3 If the agreed down payment on the rent and/or the deposit has not been provided by the lessee, the lessor may rescind the contract and claim compensation for the resignation of the lessee according to the amounts described in Clause 3.

2.4 Each lessee is entitled to a free mileage of 100 km a day up to a maximum of 2.000 km. In excess of the free kilometers, the lessor will charge a fee of 25 euro cents/km.

  1. Withdrawal and compensation

3.1 In case of cancellation or unauthorized termination of the contract before the agreed rental period by the lessee, the following percentages of the rental price have to be paid by the lessee:

Withdrawal / unjustified dismissal

  • 21 or more days before arrival: 25%
  • 20 – 10 days before arrival: 75%
  • 10 days or less before arrival: 100%

 

3.2 If the vehicle is not picked up by the lessee, the lessor is entitled to the full amount of the rental price

3.3 The original lessee is entitled to appoint a replacement lessee. However, the lessor may reject the replacement lessee in case of doubt. If the replacement lessee agrees to the contract on the same terms, the obligation to pay or share the liability for damages ceases for the original lessee.

3.4 In the case of returning the vehicle at any date passed the agreed one on the lease, and therefore damage is caused (eg claims by the following lessee for delayed check-in, etc.), the lessor reserves the right to make this claim against the lessee.

3.5 In case the vehicle is returned by the lessee before the agreed date on the lease, the full agreed rental price has to be paid by the lessee.

  1. Payment conditions

4.1 The lessee must carry a valid credit card of the type “Visa” or “Mastercard” with sufficient coverage for the down payment, security deposit and the full amount agreed on the lease. The lessee must fill in the credit card details in the rental contract during the check-in

4.2 The credit card must be issued on the lessee’s name

  1. Payment

5.1 The rental price is defined by the agreed price at the time of the down payment by the lessee. The list of prices can be found on www.surf-cars.com/price-extras

5.2 One week (7 days) after a booking inquiry has been confirmed by the lessor a down payment of 50% of the agreed rental price has to be made by the lessee or the person who makes the reservation for the lessee. This down payment is considered as the reservation confirmation.

5.3 Failure to comply with this payment period, the lessor is no longer bound to the promised reservation.

5.4 Any applicable fees due to cross-border transfers are entirely paid the lessee.

5.5 Any outstanding payments for the rental of the van, the rental of extras, insurance/protection packages and the service fee have to be paid by the lessee during the check-in.

5.6 Fees for the excess of the maximum allowed free kilometers, damaged or lost inventory or any other damages to the vehicle that have been caused by the lessee will be charged at check-out

 

  1. Insurance cover

6.1 The rental vehicles have a liability insurance with a total cover of € 50.000.000 .-

6.2 Any damages to the rental vehicle, it’s standard equipment (as described in the “Vehicle-Handover-Protocol”) or to paid obtained extras (e.g. surfboard, wetsuit, etc.) that were caused by the lessee must be compensated according to paragraph 14 of the terms & conditions.

6.3 The lessee has the option to purchase an additional protection package which reduces the maximum own risk.

6.3.1 If the lessee chooses to purchase the “Protection Plus” Package for €15.- / day, the maximum own risk will be reduced to €750,-

6.3.2 If the lessee chooses to purchase the “Protection Premium” Package for €20.- / day, the maximum own risk will be reduced to €350,-

6.3.3 If the lessee chooses for the “Protection Standard” Package (included in the rental price) he agrees on leaving a security deposit of €1.500.- and carry the full own risk for any damages on the rental vehicle

6.4 The lessee agrees that any insurance cover only applies to persons who are mentioned as allowed drivers in the rental contract signed during the check-in.

6.5 In case of damages to the rental vehicle caused by an accident, theft, burglary, extreme weather conditions, or any other circumstances, the lessee agrees to compensate for those. The required amount of money to compensate for any damages will be deducted from the lessee’s credit card according to the maximum amount for own risk defined by the “Protection Packages”.

  1. Pick-up and return

7.1 The vehicle is provided by the lessor on the agreed date and time.

7.2 When the vehicle is handed over to the lessee, its current state will be described in the “Vehicle-Handover-Protocol” where all existing damages or defaults are documented.

7.2.1 The lessee is obliged to return the vehicle at the specified date and time, in each case during business hours (10 am to 6 pm).

7.2.2 The pick-up of the rental vehicle must take place between 12 am and 6 pm unless agreed upon differently. For late pick-ups outside those hours, the lessor will charge a fee of €10/hour. Latest possible pick-up time is 10 pm.

7.2.3 The return of the rental vehicle must take place at the agreed location (usually the location of the check-in) between 10 am and 11 am. For early check-outs, the lessor will charge a fee of €10/hour. Earliest possible check-out is 8 am. Is a vehicle returned after 11 am the full price of one day rent for the vehicle and any other booked service (insurance etc.) or extras will be charged.

7.2.4 The vehicle is handed over to the lessee with a full tank of gasoline/diesel and must also be returned with a full tank.

7.2.5  The lessor refuses any automatic conversion of the limited rental period into a permanent one with continuous usage.

7.3 After picking up the rental vehicle, the lessee is obliged to also return the vehicle at the agreed time and location.

7.4 The lessee is obliged to return the vehicle in a clean state. If this is not the case a cleaning fee of €50,00.- will be charged.

  1. Allowed driver(s)

8.1 The age of the lessee and any authorized drivers must be at least 23 years old and must have a valid drivers license for 3 years or longer.

8.2 The vehicle may only be conducted by the lessee and the drivers specified in the rental contract.

8.3 The rental vehicle may no be handed over to a third party without the permission and agreement of the lessor.

  1. Prohibited Uses

9.1 The lessee is prohibited to use the rental vehicle to participate in motorsport events and vehicle tests, to transport explosive, flammable, toxic, radioactive or other hazardous substances, to commit crimes of any sort.

9.2 Also prohibited is the subletting, loan or use for other commercial purposes – unless expressly and contractually agreed upon with the lessor.

9.3 The use of the vehicle on trails or unpaved roads is strictly prohibited. For unauthorized usage on off-road routes, a penalty fee of 200 € plus follow-up costs apply.

9.4 The use of the vehicle in countries other than those of the European Union is prohibited.

  1. Small repairs

10.1 During the rental period emerging electricity and water costs are solely the responsibility of the lessee, as well as the cost of purchasing a new gas charge unless amount provided by the lessor can be proven insufficient.

10.2.1 Small repairs, such as changing a light bulb can be carried out by the lessee or if they don’t exceed € 50,00.- by a workshop without prior consultation with the lessor.

10.2.2 The lessor shall reimburse the lessee all costs upon presentation of a legally valid invoice document or the replaced damaged part.

10.2.3 No reimbursement will be granted without an invoice. Working hours of the lessee will not be reimbursed.

  1. Behavior in traffic accidents and exceptional conditions

11.1 In the event of accidents (also those cases without third party involvement), damages caused by fire and extreme weather conditions (eg hail, storm), theft or burglary the lessor must be called immediately and the local police have to be informed. The lessee is also obliged to document any damages with pictures, videos or scratches and hand them over to the lessor.

11.2 In case of accidents with third-party participation, the plates of the vehicles involved and liability insurance and names and addresses of the driver and the witnesses shall be recorded. An official “European Accident Report” has to be filled in and signed by all involved parties and has to be handed over to the lessor as soon as possible.

  1. Technical and mechanical defects

12.1 In case, after the rental vehicle was handed over to the lessee, a technical or mechanical defects appears which influences the basic function or roadworthiness of the rental vehicle, both parties have the right to quit the rental agreement.

12.2 The lessee is fully liable for any kind of defects or damages which are the result of wrong or irresponsible use of the vehicle.

12.3 The lessor has the right to supply the lessee with a similar replacement vehicle. In case a replacement vehicle is offered to the lessee within 24 hours after a defect, the lessee loses the right to quit the rental contract earlier than agreed upon.

12.4 The lessee also loses the right to quit the rental contract in case the lessor can repair the defect within 24 hours.

12.5 In case of additional costs for the lessee that are directly caused by a defect of the rental vehicle e.g. costs for hotel, the lessor will only reimburse the lessee if these costs are agreed upon beforehand and after the lessor can prove them by showing a legally valid invoice document.

  1. General duty of care of the lessee

13.1 The lessee is obliged to use the rental vehicle and all installed features in a careful and orderly manner and operate it according to the manual.

13.2 In particular, the lessee is obliged at his expense:

  • To secure the vehicle in case of extreme weather events (hail, strong winds, floods, fires)
  • to secure the vehicle at his own expense, in concern of damage due to vandalism or theft in, for example by stopping on a secured parking.

 

13.3 The lessee is fully liable for any damages to the vehicle that arise from the non-compliance of his duty of care.

13.4 In case any costs are compensated by an existing liability insurance, the liability of the lessee is limited to the amount of the agreed excess or security deposit.

  1. Liability of the lessee

14.1 The lessee is responsible for the timely return of the vehicle according to the rental contract. If the car is brought back after the return time, an extra day of rent for the vehicle will be charged, as well as any rented extras and protection packages. All of this is stated clearly in previous Clause 7.2.3.

14.2 In case of an accident, the lessee has full liability if he is (co-) responsible for the occurrence of the accident.

14.3 In case of theft or loss of the vehicle the lessor has full liability. Protection Packages don’t include these cases and therefore the full sum needed for the compensation will be charged.

14.4 The lessee has full liability for damages in case the insurer does not cover. For example if the lessee (or driver) caused the damage by intent or gross negligence or if the damage was caused by alcohol or drug-related driving or if the lessee fails to, as described in Clause 11, inform the police or the lessor after an accident, theft or loss of the vehicle or after any other damages caused by e.g. fire, extreme weather or any other cause of damage.

14.5 If the lessee commits a hit and run crime or if he violates his duties described in Clauses 8, 9 or 11 or if he hands over the vehicle to an unauthorized third party he has a full liability.

14.6 In addition, the lessee has full liability if she/she does not have a valid driver’s license or is not authorized to make use of it.

14.7 During the check-in the lessee is obliged to give is credit card details (as described in Clause 4.1) and acknowledges, that when signing the rental contract, he gives permission to the lessor to charge this credit card for any costs resulting from damages to the rental vehicle.

  1. Liability of the lessor

15.1  in the case of a performance default or negligence which influences the performance, the lessor is only limited liable, for maximum damages of the sum of the agreed net rent.

15.2 In case the lessor cannot provide the reserved vehicle, he has the right to offer a similar or equivalent replacement vehicle to the lessee. Being provided with a replacement vehicle is no valid reason for the lessee to step back from the rental contract.

15.3 If the procurement of a replacement vehicle is not possible, the lessor may terminate the contract and has to return the received rental sum.

15.4 The lessor is not liable for direct or indirect damages of the lessee, driver or passenger. If the lessor were to be accused of a causal for the damage intentional or grossly negligent conduct, the responsibility is waived to the station owner.

15.5 Surf-Cars is not liable for objects left behind in the vehicle.

  1. Fees and fines

16.1 The lessee is liable for all costs incurred in connection with road tolls, fees, fines, penalties and charges for which the lessor is claimed, unless that the lessor is responsible for such.

16.2 In the case of fines for speeding, illegal parking, etc the lessor reserves the right to charge the lessee these costs subsequently invoiced.

  1. Smoking/carrying of any type of domestic or wild animals

17.1 Smoking and carrying any type of domestic or wild animal inside the vehicle are strictly prohibited.

17.2 In case of violation, the lessee is obliged to pay the cost of a professional cleaning fee of 150 €. Plus the price of any imperfections caused by the infraction.

  1. Technical/optical changes

18.1 The lessee is not allowed to make any technical changes to the vehicle.

18.2 The lessee is not authorized to change the looks of the car, in particular by sprays, paints, pens writings, stickers or adhesive films. For any intentionally caused optical modifications, a fee of € 250 plus the costs of professionally cleaning or bringing the car back to an original state, will be charged.

  1. Liability of the agency (Surf-Cars)

19.1 Surf-Cars acts only as an agency between lessee and lessor and does not engage in a direct rental contract for renting out vehicles.

19.2 Surf-Cars is not a traveling operator nor does it directly rent out vehicles to its users.

19.3 The actual tenancy between the lessor of the vehicle and the lessee is always agreed upon and signed at the handover location of the vehicle.

19.4 Any payments received by Surf-Cars are only for reservation purposes and are not direct payments for rent of a vehicle.

19.5 Surf-Cars does not hold any reliability for mechanical nor statical imperfections of the cars.

  1. Jurisdiction, choice of law

20.1 Both parties agree on the validity of Spanish or Portuguese law for their mutual legal relations arising from this contract.

20.2 Usually the responsible court is where the lessor has his general jurisdiction, unless in cases that require local jurisdiction of the place where an incident happened.

  1. Miscellaneous

21.1 Should the individual clauses of these terms and conditions not be valid or lose validity, this does not affect the validity of the remaining clauses.

21.2 Any invalid clauses are to be reinterpreted so that their content can be translated in an effective manner.

21.3 Mandatory statutory provisions remain unaffected.

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