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Terms – Long Term Rentals

TERMS AND CONDITIONS

1. Particular Terms and Conditions

  1. Payment Methods: Debit Card, Credit Card VISA/MasterCard, scheduled monthly payment or Cash are accepted. (Scheduled monthly payments are facilitated via Purple Cars Secure Payment Platform and allow Purple Cars and Customers to adapt payment profiles to suit individual needs and circumstances – this payment method does not incur transaction fees unless a ‘Default’ situation has occurred).
  2. Payment methods such as Debit Card, Credit Card or cash will incur a payment transaction fee.
  3. The Debit or Credit card used must be in the name of the main driver on the Rental Agreement.
  4. The monthly rate includes: IVA and local taxes. Compulsory Motor Insurance in accordance with current legislation and vehicle occupant insurance.
  5. Insurance Excess: A fully refundable insurance excess of €500.00 is required for all vehicles.

2. Important Information:

  1. All drivers must be at least 26 years old and in possession of a valid ‘full’ driving licence for at least two years.
  2. The following documents are also necessary: Passport or ID Card, Driving Licence, Proof of Address – copies of all documents will be retained in accordance with the Purple Cars Data Retention Policy.
  3. All vehicles are capable of being tracked and data is processed in the execution of the Rental Agreement.
  4. If the vehicle incurs a traffic penalty during the rental period, you will be responsible for full payment of the penalty as well as a €35.00 traffic penalty management fee.
  5. If the Customer returns the vehicle without the relevant papers, after checking the vehicle, a fee of €105.00 will be charged -It is the Customers responsibility to ensure compliance with all Laws including all requirements for documentation.
  6. Charges for ‘special cleaning’ for the costs incurred from an additional valeting service arising from the clearly inadequate condition of the vehicle at the time of its return, including but without limitation cleaning required as a result of contravention of the Purple Cars No Smoking Policy, resulting in a loss of deposit.
  7. Customer is responsible for all costs associated with incorrect fuel usage.
  8. Purple Cars require fourteen 14 days’ written notice to terminate the Rental Agreement.
  9. Requests to extend a Rental Agreement must be made no less than seven (7) days’ prior to the end of the Rental Agreement.
  10. Courtesy and Replacement vehicles are at the sole discretion of Purple Cars.
  11. These Terms and Conditions may be amended by Purple Cars without prior notice.

General Terms and Conditions for Car Rental

3. PURPOSE

  1. Customers receive the rental vehicle described in the Rental Agreement in perfect working order, with all its documents, tyres, tools and accessories, and undertake to look after them and drive the vehicle in compliance with the Highway Code and the provisions set out in these General Terms and Conditions.

4. TERMINATION AND EXTENSION

  1. Purple Cars reserve the right to terminate the Rental Agreement by giving due notice for any breach of these Terms and Conditions.
  2. The Customer may terminate the Rental Agreement in writing by giving fourteen (14) days’ notice.
  3. Requests to extend a Rental Agreement must be made no less than seven (7) days’ prior to the end of the Rental Agreement.
  4. Purple Cars reserve the right to decline any request or offer an alternative vehicle for the extension period requested.

5. USE OF THE VEHICLE

  1. It is the customers’ duty to use the vehicle with due diligence, in line with its characteristics, and to obey the current Highway Code, avoiding any situation that might cause damage to the vehicle or to third parties.

  2. The following are strictly prohibited under possible loss of all rights:

    1. Driving the vehicle by persons not authorised by Purple Cars;

    2. Participation in races or contests of any kind;

    3. Transport of goods or animals and, in particular, substances that are hazardous, inflammable and / or poisonous for the vehicle and its occupants;

    4. Driving the vehicle for ‘commercial gain’;

    5. Sub-leasing the vehicle;

    6. Driving the vehicle under influence of alcohol and / or illegal substances;

    7. More persons travelling in the vehicle than the number specified by Law for that particular vehicle;

    8. Driving the vehicle outside Spain or Gibraltar without prior permission of Purple Cars.

6. NON-AUTHORISED USE

  1. It is the customers’ duty not to allow anyone other than those authorised under the Rental Agreement to drive the vehicle. Customers are liable for any damage to the vehicle or to third parties arising from a breach of such terms. Failure to comply with the provisions of these Terms and Conditions will be construed as non-authorised use.

  2. Customers are fully liable for damage to the exterior and interior of the vehicle due to non-authorised use.

  3. In the event of prosecution, customers must pay for all costs and lawyers’ fees, even if the latter’s involvement in the proceedings was not mandatory.

  4. Non-authorised use includes, but is not limited to:

    1. Pushing or towing another vehicle;

    2. Driving in areas not suited to public transport, such as beaches, race tracks, forestry roads, back roads, etc;

    3. Driving on dirt roads and very poorly paved roads that could cause damage to the underside of the vehicle (Campo designated areas);

    4. Driving the vehicle in restricted areas, and more specifically on airport roads and other roads for aeronautical and / or military use;

    5. Negligent behaviour when the vehicle’s indicators show an alert that customers state are known to them when they sign this agreement;

    6. Transport of goods or animals and, in particular, substances that are hazardous, inflammable and/or poisonous for the vehicle and its occupants;

    7. The transport of individuals or goods for which the customers receive direct or indirect payment;

    8. Sub-leasing of the vehicle;

    9. Using the vehicle for activities that are deemed unlawful;

    10. Manipulation of the milometer. Customers must report any malfunction of the milometer to Purple Cars immediately;

    11. Transport of luggage or any other item on the vehicle’s roof, even when an adequate luggage rack is used for the purpose;

    12. Damage to the vehicle caused by leaving tempting items in plain sight inside the vehicle;

    13. Dirtying the inside of the vehicle beyond what would be expected from reasonable and careful use;

    14. Driving the vehicle when tired, not feeling well and under the influence of alcohol, medicine or drugs;

    15. Reckless driving;

    16. Using the vehicle to give driving lessons under any circumstance and / or to teach special driving techniques;

    17. Driving in contravention of traffic regulations;

    18. The vehicle is driven by a person who is not authorised to do so in the Rental Agreement, as either a customer and/or a supplementary driver;

    19. Driving the vehicle outside Spain or Gibraltar without prior permission;

    20. Continued use of the vehicle after the rental period has ended.

  5. Any unauthorised use on the part of the customer will entitle Purple Cars to terminate the Rental Agreement early for breach of contract by the former and, where appropriate, to claim for any damages that may apply in this respect.

7. VEHICLE RETURN CONDITIONS

  1. Customers must return the hired vehicle in its pre-rental condition, together with all its documents, tyres, tools and accessories, at the place and on the date and time set out in the Rental Agreement.

  2. Customers must not change the vehicle’s technical specifications, keys, equipment, tools and / or accessories, or make changes to its external or interior appearance. Otherwise, customers must pay for the expense of returning the vehicle to its pre-rental condition, without detriment to Purple Cars loss-of-income during the period the vehicle is not available for rent because it is being valeted, and for any other damages sustained by Purple Cars.

  3. The vehicle must be returned in accordance with the Purple Cars Fuel Policy.

8. FAILURE TO RETURN THE VEHICLE

  1. Failure to return the vehicle on the date and time set out in the Rental Agreement authorises Purple Cars to charge customers for each day they use the vehicle after it should have been returned. Purple Cars will also charge a penalty of €50 for every day of delay to cover the inconvenience caused. Similarly, returning or abandoning the vehicle in a place other than the one indicated in the Rental Agreement, will entitle Purple Cars to require Customers to pay:

    1. Rent for each extra day needed to retrieve the vehicle and return it to its pre-rental condition;

    2. €50 as compensation for loss-of-income;

    3. Cost associated with moving or towing the vehicle, tolls, and safekeeping and guarding, as the case may be, to the place convened in the Agreement for returning the vehicle.

  2. In the event that the vehicle disappears or is not returned, Purple Cars reserves the right to bring legal action against the customers before the competent authorities.

9. PAYMENTS

  1. Customers undertake to pay Purple Cars:

    1. Charges arising from vehicle hire, insurance and taxes determined by the current Purple Cars rates (hereinafter, General Rates), which have been previously communicated to the Customer.

    2. The application of the initially agreed rate is dependent upon the vehicle being returned at the designated place and time and on the stipulated date.

    3. Any other items that may apply to the customers, according to Purple Cars Rental Agreement and Terms and Conditions.

  2. Payment as a consequence of inadequate use by the customer: Customers subsequent to the finalisation of the rental period, undertakes to pay Purple Cars any amounts arising as a result of the following:

    1. Charge for ‘special cleaning’ for the costs incurred from an additional valeting service arising from the clearly inadequate state of the vehicle at the time of its return, with a maximum charge of €250;

    2. Up to €300 for the expense incurred through the loss of a vehicle’s documents or keys, and / or sending a set of keys to the office concerned, in the event of loss, breakage or return of the vehicle’s keys to an office that is not the office at which the vehicle was collected, or for any other situation attributable to the customers in which the vehicle is immobilized;

    3. Vehicle recovery costs in the cases set out in these Terms and Conditions;

    4. The costs arising from loss, wear or damage to the wheels, tyres (including flat tyres and blowouts), tools, windscreens, rear-view mirrors, accessories, the vehicle’s interior, and problems caused by using the wrong type of fuel;

    5. Any tolls, fines, sanctions, and court costs caused by infringement of highway regulations, laws, rules and by-laws (including congestion charges and restrictions to motor vehicles, where these exist) incurred by the customers during the rental period that have been met by Purple Cars.  Notwithstanding the foregoing, Purple Cars reserves the right to charge the Customer €35 for the administrative costs it incurred for processing and sending notice of the above-mentioned sanctions to the competent authorities;

    6. The cost of repairs for damages caused to the vehicle in the event of an accident, in any of the following circumstances:

      1. The vehicle was not used according to the agreed Terms and Conditions;
      2. The accident report form – either the ‘Declaración Amistosa de Accidente’ (DAA or Amicable Accident Report) or the ‘Informe de Siniestro’ (Accident Report) – was not completed and sent to Purple Cars in due time, or it is a misrepresentation of the facts;

      3. The damage done to the vehicle is due to the Customer’s miscalculation of the height of the vehicle.

      4. The costs of the ‘Accidents Administration Fee’ up to a maximum of €150.

    7. Any amounts arising from such items shall be deducted from the Rental Agreement Deposit.

    8. The amount charged to customers for damages to the vehicle is computed according to the assessment made by an independent adjuster. Alternatively, if an external assessment cannot be made, customers will be charged the amount resulting from a preliminary assessment made by Purple Cars.

    9. All the foregoing will apply without prejudice to a subsequent settlement and a garage makes adjustment after an estimate or an independent adjuster makes an assessment.

10. DEPOSITS AND REFUNDS

  1. Upon signing the Rental Agreement, customer must pay a deposit proportional to the rate for the vehicle to ensure compliance with the general and special terms and conditions set out in the Rental Agreement.
  2. The deposit is returned at the end of the rental period after the vehicle has been inspected and compliance with the Rental Agreement’s general and specific terms and conditions has been verified. For that purpose, the deposit may be retained for up to 15 business days after the vehicle has been returned or until any claim or dispute is resolved.
  3. All deposits are to be maintained at the agreed level throughout the rental period.
    1. Refund charges, either in whole or in part. If the original charge underwent currency conversion, the refunded amount will be converted back using the same process. There are no fees to refund a charge, any fees incurred from the original charge will not be refunded.
  4. PAYMENT DEFAULT
    1. Any payment not received within five (5) days of the ‘due date’ will incur a €10.00 per day late payment surcharge.
    2. Recurring Billing declined, or failed payments made via the secure payment platform will incur a €25.00 administration fee per attempt to collect the payment, Purple Cars reserve the right to attempt to secure the declined or failed payment plus and other incurred costs a maximum of six (6) attempts.
    3. Defaults of fifteen (15) days may result in the Termination of the Rental Agreement and the vehicle being reported stolen.
  5. INSURANCE AND COVERS
    1. Compulsory Insurance and Civil Liability Insurance. Rental rates include Compulsory Insurance for the vehicle, and Supplementary Civil Liability insurance to cover damage to third parties as a result of using and driving the vehicle.
    2. The hire rates also include cover for damage to the vehicle due to:
      1. Collision;
      2. Theft;
      3. Accidental fire and acts of vandalism. The Cover will be valid as long as the following conditions are met:
        1. The customer, in the event of a collision, sends Purple Cars the full details of the third party and possible witnesses before forty-eight hours have elapsed, as well as a completed accident report form, an ‘Agreed Statement of Facts’ (DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party’s insurance company, and, if possible, the number of the insurance policy. All this must be signed by the two drivers involved in the accident, or, if there is no accident report form, a Claims Report.
        2. The insurance company does not refuse to accept the claim because the vehicle’s driver was not in the physical and mental condition required by the Highway Code.
        3. The collision, theft, fire, or act of vandalism did not take place during unauthorised use.
        4. The customers sent notice of the collision, theft, fire, or act of vandalism caused to the vehicle within forty-eight hours of the event, together with the relevant documents (accident report, report to the authorities, etc.). THIS COVER EXPRESSLY EXCLUDES:
          1. Damage to tyres, wheels, and vehicle interior, outside rear-view mirrors, glass and underside;
          2. Flat tyres and blowouts;
          3. Compensation for the days the vehicle cannot be used due to repairs

11. COURTESY AND REPLACEMENT VEHICLES

  1. In the event that a Courtesy or Replacement Vehicle is required, Purple Cars will endeavour to provide at the sole discretion of Purple Cars a like for like vehicle, however, this is subject to availability and Purple Cars may offer an alternative specification.
  2. The provisions of these Terms and Conditions apply to the use of any vehicle provided under this clause.

12. CUSTOMER OBLIGATIONS IN THE EVENT OF AN ACCIDENT AND OTHER CIRCUMSTANCES

  1. ACCIDENTS
  2. In the event of an accident, customer(s) undertake:
    1. To send Purple Cars the full details of the third party and any witnesses before forty-eight hours have elapsed, as well as a completed accident report form (Agreed Statement of Facts – DAA) stating the number plate, the name and address of the third party, the circumstances of the collision, a sketch of the accident, the name of the third party’s insurance company and, if possible, the number of the insurance policy. The two drivers involved in the accident must sign the accident report form. If there is no accident report form, the parties must complete a Claims Report;
    2. To alert the authority immediately if the guilt of the third party needs to be investigated or if anyone has been injured;
    3. Not to abandon the hired vehicle without taking due measures to safeguard it. In the event of an act of vandalism, fire, theft or disappearance of the vehicle, customers undertake to notify Purple Cars of the event immediately and to report it to the authorities, sending a copy of the report to Purple Cars as soon as possible.
    4. No authority to undertake repairs to the Vehicle are to be given by the Customer.
    5. The Customer should not accept liability for any incident.
  3. BREAKDOWN
    1. In the event of mechanical failure, the Customer should report the failure to Purple Cars as soon as possible; all vehicles are covered by Breakdown Assistance and Customers should follow the procedures contained within the Vehicle Documents.
  4. STATUTORY EQUIPMENT
    1. It is the Customer’s responsibility to ensure High Visibility Vests and Warning Triangle(s) are always available to Authorised Drivers of the Vehicle.
  5. SERVICING AND SCHEDULED MAINTENANCE
    1. The Customer agrees to return the vehicle as requested for Servicing, Inspection and Scheduled Maintenance as notified by Purple Cars, failure to return the vehicle may make the vehicle ‘un-roadworthy’ and invoke the termination of the Rental Agreement in accordance with these Terms and Conditions.
  6. AD HOC INSPECTION
    1. Purple Cars reserve the right to undertake ad hoc inspection of Rental Vehicles providing five (days) notice. Customers cannot refuse to make a vehicle available for inspection.
  7. DRIVING LICENCE
  8. Customers must have a valid driving licence recognised in the country where they collect the vehicle. Customers are liable for the expiry date and recognition of the driving licence and must not hold Purple Cars liable under any circumstance.
  9. Customers must be 26 years old or older and have held a driving licence for at least 2 years. When these two circumstances are not met, special conditions may be agreed at an extra cost.
  10. Purple Cars will validate all driving licences via the appropriate issuing authority; the Customer provides full authority and agrees to pay an administrative fee per validation.
  11. Incomplete validation or negative results may result, at the sole discretion of Purple Cars, in rental being declined, the introduction of a ‘Risk Premium’ which shall not exceed 20% of the monthly Rental Fee.

13. JOINT LIABILITY

  1. Customers and / or authorised additional drivers are jointly liable for the customers’ obligations under the Rental Agreement and the relevant laws that are applicable to the same.

14. THEFT AND LOSS OF PERSONAL BELONGINGS

  1. Purple Cars cannot be held liable for items stolen, forgotten or lost inside the vehicle.

15. DATA PROTECTION

  1. Purple Cars collects and retains personal data for legitimate purposes including contracts, Rental Agreements and to satisfy our legal obligations, further information can be obtained by contacting the Purple Cars Data Controller.

16. INDEMNITY

  1. The Customer will indemnify and keep Purple Cars indemnified against all actions, claims, demands, expenses, and liabilities, including but not limited to all solicitor’s costs and disbursements which the Customer shall become liable for or be subject to arising out of or on connection with the breach by the Customer of any agreed agreements, stipulations and conditions.

17. DISPUTE RESOLUTION AND GOVERNING LAW

  1. The laws of Spain govern the Rental Agreement. Purple Cars states their intention of resolving any controversies or disputes in a friendly negotiated manner. Where this is not possible, any controversies or disputes between Purple Cars and the customers will be settled in the courts of the place where the vehicle was hired.
  2. Any dispute relating to this Agreement which cannot be resolved by negotiation between the parties within fourteen (14) days of either party giving notice to the other party that a dispute has arisen shall be submitted to mediation and failing settlement of the dispute within seven (7) days thereafter, the dispute shall be submitted by any party for final resolution by the courts of Spain which shall thereafter have exclusive jurisdiction.
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