General rental conditions - Lease agreement
GENERAL RENTAL CONDITIONS
COOLTRA MOTOS, S.L.U. in its capacity as LANDLORD, according to the Lease Contract to which this document is attached (hereinafter, the "Contract"), leases to the HIRER, whose data and signature appear in this Contract, the assigned vehicle, in accordance with the terms and conditions established and which the HIRER accepts and undertakes to comply with and which are as follows:
FIRST - Purpose of the Contract
By virtue of this Contract, the LANDLORD leases the vehicle outlined in the first page of the Contract, the said vehicle being in perfect working order and fully available for immediate use. This assignment is made through this Contract to the CHARTERER and for a specific period of time; the CHARTER, in turn, undertakes to provide the other services that are declared included in the General Conditions.
SECOND - Formalisation, entry into force and duration of the Contract
The LANDLORD is the owner and maintains full ownership of the good that is the object of this Contract (or goods), identified on the first page of the same. The CHARTERER acquires possession of the leased asset that is described and identified as described, declaring his full satisfaction with the current state of the asset and its demonstrated functionality.
This Agreement shall enter into force on the date on which the CHARTERER makes available to the CHARTERER the vehicle which is the object of the same and shall terminate, without prejudice to the provisions of the Twelfth General Condition, once the agreed term has elapsed. The period agreed in each case shall be irrevocable and non-extendable and its calculation shall commence on the first day 1 following the day on which it is made available.
The period agreed in these General Conditions shall be extended by the days from the time the vehicle is made available and the first day 1 following the time the vehicle is made available.
In the modality of Renewable Subscription month by month without permanence, the contract will be renewed automatically from the 20th day of each month. In the event that the Lessee does not inform of his interest in the return and cancellation before the indicated date, the contract will be extended until the 20th of the following month, thus also renewing all the rights of the same, but in the same way the obligations on the part of the Landlord and Lessee.
You have 7 calendar days to cancel your reservation without any penalty before picking up your scooter.
THIRD - Return of the vehicle
Unless otherwise indicated in the particular conditions, the vehicle shall be returned to the Lessor's premises where the vehicle was initially collected and the vehicle has been maintained, unless another place is agreed between the Lessor and the lessee, which must be detailed in this Contract.
FOURTH - Periodic instalments and method of payment
1.- The contract header specifies the rental fee for each vehicle as well as the periodicity of the fees.
The signature by the HIRER of this sheet implies acceptance. The first instalment shall be paid at the time the Contract is signed, regardless of when the vehicle is made available. 2.- The HIRER is obliged to pay the remaining monthly instalments agreed upon in this Contract by means of a direct debit to the bank account indicated in this document or other similar methods.
3.- These monthly payments shall be invoiced on a monthly basis, starting on the first day of the month following the availability of the vehicle. The instalments shall be paid in advance during the first 5 days of each current month by direct debit to the account previously designated.
4.- The payment obligations assumed by the HIRER by virtue of this Contract shall remain fully in force, even in the event that the vehicle which is the object of the same cannot be used, and no compensation shall be demanded from the HIRER, except in the event that the vehicle is rendered unusable as a direct result of the latter.
With regard to the penalty for non-payment of instalments, the provisions of Condition Twelve of this document shall apply.
6.- The non-payment of any amount owed by the CHARTERER to the CHARTERER shall accrue to the latter, without the need for notification or any claim, default interest at the legal interest rate of the money in force at any time, from the date on which the amount had to be paid until the date of its effective payment. As well as a penalty as established in the Twelfth Clause below.
7-In the case of collection by direct debit and return of the same, the HIRER must pay a management fee of €50+tax per returned receipt.
FIFTH - Down payment and Deposit
As established in Condition FOURTH 1.- above, the HIRER, at the time of signing the Contract, shall deliver to the lessor the amount indicated in the section "Quota to be paid" of the Contract as an initial payment.
In addition, at the time of signing the Contract, the HIRER shall pay the amount stipulated as a guarantee of the faithful fulfilment of the obligations and commitments assumed by the HIRER in relation to the rented vehicle. Under no circumstances may the TENANT apply the Deposit to the payment of the agreed monthly instalments.
Upon termination and extinction of this Agreement, the CHARTERER undertakes to return the amount provided as security to the CHARTERER, unless the latter has breached any of the terms and conditions derived from this Agreement or has incurred any expense due and not paid at his expense, without the security deposit being subject to any interest in favor of the CHARTERER during its term.
SIXTH - Ownership of vehicles
The vehicle which is the object of this Agreement is the property of the CHARTERER, not granting the CHARTERER, as holder of the same, any right other than the right of use. The LANDLORD is obliged, generally against third parties, to proclaim and enforce, at his own expense, such property right. In the event of declared insolvency, bankruptcy of creditors or any other event of a similar nature that could disturb the domain or the peaceful possession and use of the leased property, the Lessor shall also identify himself as the Lessor and immediately notify the Lessor of the event and the circumstances thereof.
The aforementioned provision and the commitment assumed by the CHARTERER in the cases referred to herein shall also be applicable in the event of any other type of precautionary or preventive measure being adopted on the leased property (or property) or which could affect the same, or any other type of measure adopted or recommended as a result of a decision issued by a competent authority, or officially recognised public or private body, and even in the case of a report/dictamen issued by official technical services.
In no case shall the Lessor be liable for the existence of hidden defects in the rented vehicle, a liability which, where appropriate, the LANDLORD shall require of the manufacturer of the vehicle, with the collaboration of the LANDLORD. To this end, the CHARTERER shall be subrogated to the position held by the CHARTER.
SEVENTH - Description of services
The services included in this Contract are:
By virtue of the present Contract the HIRER has the right to the use and enjoyment of the vehicle object of the same one during the time agreed in the head of the same one.
B. 1. Maintenance, repairs and replacement of vehicle tyres:
B.1. Maintenance and repairs
With the contracting of these services, the LANDLORD, will be in charge of the administration, control and payment of the costs of revision and maintenance of the vehicle for which they have been contracted, necessary for its good use, including the cost of the spare parts and labour that are detailed below:
a) The periodic maintenance operations specified by the manufacturer of each vehicle.
b) Repairs to mechanical and electrical faults resulting from technical faults or from normal use and wear and tear of the vehicles and necessary for their correct operation.
c) Replacement of sets of keys, upholstery, washing and waxing operations, maintenance and repair of antennas, alarms, audio and communication equipment, maintenance and repair of bodywork, accessories, complements or non-serial elements installed by the LANDLORD or by the LANDLORD following the LANDLORD's instructions shall not be included in the contracted administration and maintenance.
B.2. Replacement of tyres
The LANDLORD shall be responsible for the administration, control and payment of the following costs:
a) The replacement of tyres whose state of wear requires it to comply with the safety standards laid down in the legislation in force. If in the header of the Contract, in the section on Additional Agreements, a specific number of tyres included is indicated, the HIRER shall replace the tyres required by the vehicle up to the maximum number indicated.
b) The replacement of tyres as a consequence of punctures, cracks and bursts and the repair of faults produced as a consequence of negligence, inappropriate use of the drivers of the vehicles and those derived from or resulting from failure to comply with the instructions for use and maintenance set out by the manufacturer in the instruction manual of each vehicle is excluded, especially faults which occur as a consequence of continuing to circulate when the indicators detect faults in the functioning of the systems.
Revisions and maintenance operations that are not included in these services shall be borne by the HIRER throughout the term of the Contract.
All the repair and maintenance operations described shall be carried out mainly in the national territory and shall be carried out in workshops expressly authorised by the LANDLORD, the LANDLORD not being responsible for the costs of those carried out outside the same.
In order for the LANDLORD, in compliance with its obligations, to be able to duly coordinate the future relations between the drivers, official services, authorised workshops and manufacturers, the following procedure shall be followed in each case:
a) The HIRER must arrange the visit at least 300 kilometres before the expiry of the next scheduled review date. In the event that the vehicle's entry into the workshop exceeds the mileage indicated on the km control sticker, the customer must pay the amount:
a) For excess kilometres greater than 100 and less than 200: 50€+tax for the delay in carrying out the planned maintenance.
b) For excess kilometres greater than 200 and less than 400: €100+tax for the delay in carrying out the planned maintenance.
c) For an excess of kilometres greater than 400 and less than 600: 200+iva for the delay in the execution of the planned maintenance.
d) For an excess of more than 600 kilometres or more: 0.35€+iva per kilometre exceeded in the execution of the planned maintenance.
b) The official service or authorised workshop where the repair or maintenance is to be carried out, the HIRER or the driver authorised by him, shall notify the LANDLORD of any type of damage or breakdown caused to the vehicle or the need to carry out the contracted maintenance operations.
c) Any repair or maintenance work shall be carried out with the prior authorisation of the LANDER. The LANDLORD shall not be liable for the cost of any work for which the workshop, the HIRER or the driver has not requested authorisation, or this has been refused for a justified reason.
d) If the CHARTERER has to anticipate the amount of an intervention which can be considered as part of the contracted services, and for which the CHARTER has previously authorised him, the said amount shall be immediately reimbursed by the CHARTERER against presentation of the quotation.
B.4 Maintenance by means of an External Workshop outside the Delegation:
In the event that the customer uses the vehicle in a city where the Lessor does not have its own workshop, the maintenance shall be carried out in the external workshop indicated by the Lessor. The LANDLORD shall notify the LANDLORD of any servicing, maintenance or repair carried out on the vehicle.
Deliveries and returns of the vehicle shall always be made at the collaborating workshop designated by the LICENSOR.
The usual maintenance of the vehicle does not include the cost of repairing the damage caused to the vehicle. The HIRER shall bear the cost of the damage up to the value of the contracted excess, except in the case of intent or negligence on the part of the HIRER, in which case the said limit shall not apply and the HIRER shall be liable for all damages caused.
The cost of repairing the damage shall be that corresponding to the official price lists of the vehicle manufacturers plus the cost of the corresponding labour to carry out the repair work.
If it is necessary to apply the franchise indicated in the "quota to be paid" section of the header of the contract and this exceeds the amount of the deposit, the LANDLORD has the right to collect the difference.
B.6. Replacement vehicle
The HIRER may, at the time of conclusion of the Contract, hire the extra service of a replacement vehicle for an additional fee of €5+tax/month.
In the event that this service is not contracted at the same time as the Contract is signed, and if necessary, a replacement vehicle may also be accessed, but at a cost of 9€+iva/day.
The replacement vehicle service will apply in the following cases:
1.-In the event that the service is extended for more than 3 hours, the HIRER shall be entitled to receive a replacement vehicle for the duration of the service. Only those RENTERS who have booked an appointment for servicing under the terms set out in Condition SEVENTH B.3 may benefit from this advantage.
2.- In the event of a loss that is an impediment to the optimum circulation of the vehicle.
3.- In an incident situation such as a breakdown or damage.
In all the cases mentioned in section B.5. referring to the replacement vehicle, the same procedure will be followed with regard to the return of the vehicle that performs the replacement service:
Once the LICENSOR has informed the HIRER that his vehicle is ready to be removed. he must collect the rented vehicle and return the replacement vehicle within 24 hours of being informed. In the event of failure to comply with this deadline, the CHARTER shall charge the CHARTER a cost of 9+iva/day. This amount shall be charged to the HIRER in the event of not complying with the established 24-hour period, whether or not the initial vehicle replacement service has been contracted. If the return takes more than 3 days, you will only be charged a maximum of €27+tax per vehicle.
The collection and return of these vehicles must be made in the establishment indicated by the LANDLORD and within the business hours of that establishment.
The replacement vehicle service shall only be possible in those cities in which the Lessor has its own shop or workshop.
B.7. Storage costs
The LANDLORD shall charge the LANDLORD the amount of 5€+tax/day up to a maximum of 50€ in case of delay of more than 48hs in the removal of the vehicle from the indicated workshop.
EIGHTH - Use of the vehicle
8.1 The HIRER undertakes to use and drive the Vehicle in accordance with the basic rules of driving and circulation, and in accordance with the specifications of use of the type of Vehicle.
8.2 The HIRER undertakes not to use the Vehicle and/or not to allow it to be used in the following cases:
a) Paid carriage of passengers.
b) Pushing or towing any vehicle or any other object, rolling or not.
c) Participate in competitions, official or otherwise, as well as testing the resistance of materials, accessories or products (unless expressly authorized by the Lessor).
d) Driving the vehicle under the influence of alcohol, narcotics or any other type of narcotic substance.
e) Transport of goods that violate the Law or legal provisions in force, or for illicit purposes.
f) Transport of passengers in number superior to the authorized and indicated in the Permit of Circulation and/or Card of Technical Inspection of the Vehicle.
g) Transport of goods in weight, quantity and/or volume greater than that authorized in the Circulation Permit and/or the Technical Inspection Card of the Vehicle.
h) Transport of inflammable and/or dangerous goods, as well as harmful and/or radioactive toxic products.
i) Transport of live animals (with the exception of pets and/or anxious animals).
j) With roof rack, luggage rack or similar other than that supplied by the Lessor.
8.3 Only the person or persons identified and accepted by the CHARTERER in the Rental Agreement and/or any annex thereto are authorised to drive the Vehicle, provided that they are in possession of a valid and valid driving licence.
In particular, the HIRER must have the necessary administrative authorization (Permit and License), and must validate driving licenses issued abroad when so provided by law.
The CHARTERER shall be obliged to present the aforementioned documentation to the CHARTER before formalising the Rental Contract.
8.4 The HIRER undertakes to keep the Vehicle closed when it is not in use (by using the devices that the CHARTER gives him for this purpose) and to keep the documents thereof.
8.5 The HIRER undertakes to keep the vehicle properly parked and guarded when it is not in use.
8.6 The HIRER is expressly prohibited from assigning, renting, mortgaging, pledging, selling or in any way giving as security:
The Vehicle, the Rental Contract, the keys, documentation, equipment, tools and/or accessories of the Vehicle and/or any part or part thereof; or treat the foregoing in such a way as to cause damage to the Lessor.
8.7 It is the HIRER's obligation to stop the Vehicle as soon as possible when instruments or any of the witnesses detecting an anomaly in the Vehicle's operation are illuminated while the Vehicle is in motion, or when external signs indicating a breakdown or malfunction of the Vehicle are detected. In this case, the CHARTERER shall contact the CHARTERER or the Roadside Assistance Company arranged by the CHARTER, if any, and only the latter. Only in cases of urgency and when expressly authorised by the LANDLORD will charges be accepted on behalf of the said Assistance Company.
8.8 The carriage of a Vehicle on board any type of ship, train, lorry or aircraft is not permitted (unless expressly authorised in writing by the Lessor).
8.8 Cooltra stickers must be observed at all times and the vehicle may not be physically modified (paint, stickers, etc.) by the HIRER without the permission of the LANDLORD.
8.9 Any kind of damage suffered by the CHARTER as a result of failure to comply with the conditions set out in this article and/or as a result of use other than that agreed upon by the CHARTERER, authorises the CHARTERER to collect the Vehicle from the CHARTERER and to invoice and charge the latter, after giving 5 days' written notice to the CHARTERER, for the duly justified amounts corresponding to the repair or other expenses arising from such damage.
NINTH - Vehicle insurance
From the moment that the vehicle that is the object of the Contract is at his disposal, the HIRER shall be liable for all damages suffered by the same and for all damages, material or personal, caused to third parties even by fortuitous event or force majeure.
LANDLORD shall contract, for each vehicle, an Insurance Policy with the coverages that, at all times, the legislation in force establishes as obligatory for the circulation of the same, with the LANDLORD in said Policies holding the position of policyholder.
The LANDLORD shall send to the CHARTERER or to the authorised driver the insurance policy subscribed for each vehicle or Certificate issued by the Insurance Company, which shall include the coverage contracted, together with its Conditions (General and Particular) and a receipt, or a Certificate replacing it, justifying payment of the first annuity. The policy or certificate, in addition to stating the minimum coverages detailed above, will include the additional coverages that have been contracted in each case.
The HIRER undertakes to comply with all the stipulations of the insurance policies, including the Particular and General Conditions, and to notify the CHARTERER and the insurance company by means of the presentation of the relevant part of any loss suffered by or in the vehicle and only the road assistance company in the event of needing the services of the latter.
The LANDLORD shall apply a penalty of €250 for each loss and vehicle in which the LANDLORD is at fault.
Without prejudice to the foregoing penalty, the CHARTERER may impose an additional penalty based on the following calculation of the Loss:
Calculation of the claim:
Loss % = [ Cost of accidents (fault)* / Premium consumed*]< = 65%.
*Premium consumed: Total premium consumption of the entire fleet [€]
*Cost of accidents (fault): Total cost of all accidents of fault [€]
The agreed monthly instalments per vehicle allow a maximum loss of 65%. Any deviation from the claim rate of more than 65% at the end of the calendar half-year will be applied directly to the current contracted instalments, up to a maximum of 20% of the current rates.
If the responsibility for an accident lies with a third party and the vehicle requires repair for damage, the HIRER shall be liable to the LANDLORD for the damage until the third party or its insurance company pays the amount corresponding to the repair of the damage.
The LANDLORD is exonerated from liability for the risks not covered by the policies subscribed, and in this case, the account and exclusive charge of the LANDLORD shall be that of any damage caused by or to the rented vehicle, and the LANDLORD shall be obliged to repair its components, in the event of partial deterioration and in the event of total loss, to pay the LANDLORD an indemnity equal to the amount stipulated in the offer made to the company for the said vehicle.
At the time of the change of name to the CHARTERER, the insurance contract by the CHARTERER ends. A period of 5 days is granted for the change of name.
TENTH: Obligations of the TENANT
1.- The rented vehicle shall not be used for any purpose other than that specified in the documentation thereof and in particular may not be used for racing, competition or similar events, as well as for public passenger transport, or for driving lessons, or for the transport of dangerous, explosive or harmful or unhealthy content.
The use of the vehicle shall always be carried out following the instructions for use and maintenance given by each manufacturer and in accordance with the legal provisions in force at any given time, in particular those relating to the Technical Inspection of Vehicles, the HIRER being responsible for the economic amount of any applicable taxes or duties.
3.- To prevent breakdowns, the HIRER or the driver of the vehicle shall periodically check the brake fluid levels and tyre pressure.
4.- In the event of infringements of legal regulations, the HIRER assumes the liability arising therefrom, being solely responsible for all costs, damages that may result, as well as any fines or penalties imposed as a result of the liability arising from the use of the rented vehicle by the HIRER or his drivers. Likewise, the HIRER shall pay the amount of 30€ for the management of the corresponding infringement.
5.- The CHARTERER shall keep the CHARTER permanently informed of the driver to whom the vehicle to be rented is assigned at all times. In the event of a claim The legal regulations in force require that the competent authorities be informed of the details of the driver who was driving the vehicle at the time of the events.
6.- Should the HIRER fail to comply with this obligation or should the data provided not be sufficient or correct for the Administration to be able to notify the driver who was driving the vehicle at the time of the events, the Lessor shall inform the competent authorities of the details identifying the HIRER, assuming the latter's legal duty to truthfully identify the driver responsible for the infringement.
7.- If the Lessor is penalised for failing to comply with the legal obligation to identify the driver who was driving the rented vehicle at the time of the events, for reasons attributable to the Lessor, the amount that the Lessor must pay as a consequence shall be passed on to the Lessor. Any charges attributable to the HIRER as a consequence of the use of the vehicle shall be met by the latter at the request of COOLTRA MOTOS S.L.
8.- The HIRER shall not proceed to make any modification to the original condition in which the vehicles are delivered, including the installation of advertising inscriptions, without the prior express written consent of the CHARTERER, and in the event of authorisation, on behalf of the former, any expenses arising upon termination of the Contract to return the vehicles to their original condition. In those cases in which the vehicles are delivered to the HIRER, at the latter's express wish, labelled or painted in more than one colour.
9.- The HIRER undertakes to monitor the correct functioning of the vehicle's odometer, informing the LICENSOR of any defects or faults detected. Any manipulation of the odometer of the rented vehicle shall constitute a serious breach of this Contract and shall result in a penalty of €300+tax.
10.- In any event, the CHARTERER shall immediately notify the CHARTERER of any observation detected with regard to the condition and operation of the leased asset, as well as any deterioration, failure, deficiency or anomaly relating thereto.
11.- The HIRER acknowledges that he is obliged to pay all legal representation expenses incurred by the LANDER in cases of damage, loss or legal proceedings arising from an illegal use of the rented property by the client.
12.- The HIRER undertakes to inform the Lessor of any loss within a period not exceeding 48 72 hours and to immediately send him any letters, accident reports, summonses or notifications referring to the said loss and to cooperate fully with the lessor and the Insurance Company in the investigation and defence of any claim or process. In the event that this information is not provided on time, the HIRER shall be responsible for enforcing the penalty of €900+tax for the omission of information in said incident.
ELEVENTH - Adjustments, repercussions and revisions of the Contract
The amount agreed at the beginning of this Contract, to be paid by the HIRER, has been calculated on the basis of the costs of the services and the amount of the taxes, in force at the date of signature, as well as the kilometres contracted as described in the same, such amount being fixed and not revisable during the life of the Contract, except in the following cases:
A.1. Adjustment of mileage
Both the HIRER and the LESSOR agree to the mileage indicated on the vehicle's odometer at the beginning of the Contract.
The number of kilometres contracted for the rented vehicle is that shown in the heading of the Contract, section "Additional Agreements", in which the price of the excess kilometre is also specified. The price of the excess kilometre is particular to each model. Likewise, the excess kilometer specified in the Header of the contract will be applied. At the end of the contract, if there is an excess between the contracted mileage and the actual mileage, the amount resulting from multiplying the difference in kilometres by the price of the excess kilometre shown in the "Additional Agreements" section of the contract header will be adjusted.
A.2. Repercussion due to variations in taxes, legislation and insurance premiums.
If, during the term of the Contract, there is any variation in the taxes levied on the same or on the vehicle that constitutes its object, such as Value Added Tax or Municipal Tax on Mechanical Traction Vehicles, and even for the creation of any new tax, the LANDLORD may affect the price as a result of the variations produced.
Likewise, if during the term of the Contract any rule comes into force that imposes the need to incorporate or modify any element or accessory of the vehicle, the LANDLORD may pass on to the HIRER in the periodic instalments the amount that such incorporation or modification originates at the time when the same takes place.
In the event of variations in the insurance premiums paid by COOLTRA MOTOS S.L. as a result of changes in legislation or insurance taxation, the amount thereof may be passed on to the HIRER in the same way.
A.3. Revision of prices due to variations in the CPI.
Once the first year of the contract has passed, the periodic instalments may be revised according to the variations suffered by the CPI published by INE or the corresponding institute that replaces it.
TWELFTH - Breach and Termination of Contract
1.- Failure by the HIRER to comply with the obligations and conditions stipulated in this Contract, as well as failure to pay any of the monthly instalments due within the term and in the manner agreed upon by both parties in this act, shall entail (i) the automatic termination of the contract; (ii) the immediate return of the vehicle; (iii) the payment of the instalments accrued and not paid to date with a surcharge of 5% T.A.E. of the value of each installment (iv) the payment of up to 25% of the outstanding installments until the expiration of the agreed term, as a penalty. Said amounts shall be considered as liquid and due debt, for all purposes, authorizing the Lessor to exercise whatever civil and/or criminal actions may correspond in defense of its legitimate rights and interests.
In the event that the vehicle is not returned by the LICENSEE, the LICENSEE reserves the right to take any action that will assist the LICENSEE in recovering the aforementioned vehicles. The LANDLORD shall be entitled to proceed to the immediate recovery of the same, either on its own account or through the intervention of the competent authorities.
The expenses incurred by the LICENSOR for the recovery of the vehicle shall be passed on to the LICENSEE.
2.- In the event of termination of this Agreement, for any reason, the CHARTERER shall be obliged to return the leased vehicle to the Lessor within a maximum period of 48 hours, to be calculated from the date of receipt of the duly completed notice communicating such termination and the termination of this contractual relationship. In such event, at the same time as the vehicle is returned, the HIRER shall pay the amounts referred to in paragraph 1.- above, adding, in any case, the legal interest rate of the money in force at that time as interest on arrears.
3.- Without prejudice to the foregoing, in the event of total loss of the rented vehicle, theft, illegitimate removal of the same or any case of force majeure, this Contract shall be terminated as of right, and the HIRER shall pay the Lessor the amounts detailed below:
a. Amounts owed, where applicable, for instalments that are due and not paid, plus any interest on arrears that may correspond on the basis of such amounts.
b. The total amount of the franchise
4.- The contracted term is irrevocable and, therefore, its cancellation is not possible. However, if the CHARTERER wishes to terminate this Lease Contract in advance, the CHARTERER shall notify the CHARTER of its intention in writing or by e-mail at least one (1) MONTH in advance.
Once notified, the CHARTERER shall request the CHARTERER to attend to his obligations within a non-extendable period of seven (7) days; if, after said period has expired, the CHARTERER has not complied with his obligations, the Contract shall be automatically terminated, and the CHARTERER shall be obliged to return the vehicle within a period of twenty-four (24) hours; he shall simultaneously pay upon delivery the amounts described in this Twelfth Clause.
THIRTEENTH - Return of vehicles
Unless otherwise agreed, any return of the vehicle shall take place at the premises of the LANDER where it was initially delivered to the HIRER and where he has been carrying out the maintenance of the vehicle. The vehicle shall be returned in the same condition as it was delivered, except for normal wear and tear caused by its use, together with all the documentation thereof and with the accessories and equipment received.
If the LANDLORD observes that the vehicle wears more than normal, taking into account the agreed use, the LANDLORD may request the corresponding compensatory compensation. If the CHARTERER does not agree to the compensation referred to, the parties shall submit to the expert appraisal carried out by an Expert appointed in turn at the corresponding College, with the CHARTERER and the CHARTERER paying their fees in equal parts.
For each day of delay in returning the rented vehicle, a charge of €25+tax as a penalty shall apply, irrespective of the Lessor's right to demand payment of the instalments that have elapsed up to the time when the actual return occurs.
In the event that the HIRER fails to comply with the obligation to return the vehicle, the CHARTERER may take possession of the vehicle wherever the vehicle may be located, and to this end shall be empowered from now on by the CHARTERER for this purpose, and/or make the corresponding complaint as appropriate, and shall therefore be authorised to take all appropriate civil and/or criminal action in defence of its legitimate rights and interests.
The costs incurred by the LICENSOR for the recovery of the vehicle shall be passed on to the LICENSEE.
In the event of delay in the return or breach of the same, and even if the Contract has expired, the HIRER shall fulfil any obligations he may have before the contractual expiry.
In the event that the vehicle is stolen, the CHARTERER may claim the established maximum excess. The LANDLORD is obliged to report the theft of the vehicle and to send a copy thereof to the LANDLORD.
FOURTEENTH - Jurisdiction
The parties expressly waive their own jurisdiction, in the event of any claim arising from this Contract or litigation, submit to the Jurisdiction and Jurisdiction of the Courts and Tribunals of BARCELONA capital.
This Lease Agreement is of a commercial nature, shall be governed by the provisions of its own clauses, and where not provided for by them will be applicable Spanish law, the precepts of the Commercial Code, the Civil Code and commercial uses.
The payment of judicial and extrajudicial expenses arising from the filing of claims or demands for breach of the provisions of this Contract shall be the responsibility of the party that caused or motivated them.
FIFTEENTH. - Domicile
The parties designate as domicile, for the purposes of notices and requirements derived from this Contract, the one consigned in the first page of the Contract. Any variation or modification of the domicile must be notified, in writing, to the other party, and no domicile may be established outside Spain.
SIXTEENTH - LOPD
We inform you that the data included in this document are included in the file of customers whose responsibility is COOLTRA MOTOS, S.L. .
At any time you may exercise your rights of access, rectification, opposition, limitation and, where appropriate, portability or cancellation by communicating it in writing and indicating your personal data to the address firstname.lastname@example.org, indicating as Subject: "RGPD, Rights affected", and attaching a photocopy of your ID card or any analogous means in law, as indicated by law.
We also inform you that Cooltra may consult files containing information on your patrimonial solvency and credit (RD 1720/2007 or the norm that replaces it). In the same way and in case of any non-payment on the part of the Client and if all the requirements established in Royal Decree 1720/2007 are met, we inform you that the data relating to the non-payment may be communicated to files relating to the non-compliance with monetary obligations.