General Booking Conditions
1. Terms of the agreement
The company
internet car rental - cars4holidays S.L.
C. / Dakar(Buzón 5108),69
E-03724 Moraira
hereinafter also called intermediary, procures rental cars for self-drivers ( hirer ) acting as an intermediary between the respective car rental company and the hirer.
The place of jurisdiction is Denia ( Provincia de Alicante ) in Spain.
2. Offer and acceptance of the order
With the order for a rental car the hirer acknowledges the General Booking Conditions without any limitation.
Requesting your Car Hire and Confirmation of your Booking
a. All offers are subject to change and non-binding. The orders may be placed by our website, e-mail, fax or by phone.
b. The intermediary transmits the relevant data to the car rental company which confirms the reservation for the hirer to the intermediary.
c. With receipt of the reservation documents (by on-line confirmation Voucher) or by receipt of the Voucher and rental terms of the supplier, by e-mail or fax, the booking is accepted by the hirer and is confirmed. The mediation is fulfilled with the hirer after these 3 steps.
Category of the Vehicle
Please note that we basically just confirm the vehicle category to the hirer, as is customary in this trade. An example vehicle is named and a photograph of this example is placed on the website for each category. The car rental companies for each category have a variety of different makes and models of car within that group. All cars within the category will be of a similar size and specification. Certain model preferences are, of course, considered and complied with if possible, but no delivery promise is given.
Extras and Supplements
When your booking request is forwarded to the car hire company the order will include any “Extras” you have requested. In some cases these will be confirmed to us, in others we only receive a general confirmation from the supplier, although all details will have been sent to them by us.
3. Processing your reservation and cancellation of reservations
Freesale vehicles :
Vehicles which are freely available are listed (freesale), the hirer will receive an automatic confirmation on-line, by e-mail or fax. These vehicles are confirmed by our supplier afterwards. The intermediary reserves the right to cancel the reservation to the hirer if the supplier subsequently advises that the vehicle cannot be supplied for any reason.
On request vehicles :
All reservations for other vehicles are received on a request basis and will only be confirmed once the intermediary has received confirmation from the supplier, usually within 24 hours. Only then will the confirmation Voucher and rental terms be sent to the hirer (however, when a booking is made on request you should take into consideration our office hours, Sundays and holidays and allow extra time for receipt of a confirmation accordingly).
A cancellation is possible for free sale and on request vehicles even after the supplier already confirmed the availability and then out of whichever reason withdraws the confirmation.
4. Pricing and Payment
Rental Price
The amount will be paid usually be the credit card held in the name of the hirer. Cash payment is possible with a minority of the car rental companies. You will normally be charged the rental price + fuel. Where there is an excess on the insurance it is possible that this will be charged as a deposit in some countries. The car rental price will include V.A.T. Unlimited mileage, Third Party Insurance and Collision Damage Waiver are included in the price.
Fuel Regulations
The cost for the fuel is principally not included in the rent. The fuel regulation varies depending on the country and car rental companies. The scheme full takeover / return empty enforced. Residual fuel is not refundable. The amount to be paid is composed of fuel capacity and market price and a percentage fee for filling (varies depending on the car rental company). The car rental company calculates exactly the same price for a tankfilling to all customers per model, regardless of which agency, travel agent or tour operator, the customer booked the car with.
For further questions please contact our hotline or inform yourself before taking over the vehicle about the local fuel regulations or respectively the costs.
Payment
The hirer usually pays directly to the Car Hire Company upon arrival.
Charges of whatever kind are exclusively and only made by the car rental company (for example rent, fuel, deposit, extending the lease, selfexcess charge).
Reservations for a few countries, including Turkey and the United States, must be prepaid. The credit card of the tenant will be pre-charged. The mediator will charge the tenant on behalf of and for the car rental company.
Refunds
Any refunds of any type will solely be made by the Car Rental Company. (Deposit, fuel, unused rental, any discounts, any refunds for deficiencies in the contract).
5. Obligations of the hirer
Rental Conditions
The hirer is obliged to observe the rental conditions of the rental company on our website, they are part of rental conctract.
This information is also sent to you by email or fax, together with the voucher.
Flight Number and Arrival Time
For trouble free car delivery at the airport it will be imperative that the hirer provides the correct scheduled arrival time and the complete flight number.
Without the correct flight details the car rental companies have the right to withdraw from the contact.
Reservation Confirmation
The reservation confirmation or Voucher (Direct Payment Voucher or Prepaid Voucher) must be handed over to the car rental company when the vehicle is collected. If the Voucher is not presented the car rental company has the right to refuse to deliver the vehicle.
Notice of defects, Deviations or non realization of the rental contract and complaint time limit
For the safeguard of eventual contractual claims in case of deviations of the confirmed service, the hirer will have to inform the intermediary per phone on the spot, that is when the car is handed over, so that the intermediary can immediately clarify the occurred deviation with the car rental company (obligation of limiting the damage). in case this is not possible, in order to uphold claims, the hirer is obliged to inform the intermediary via phone within the office hours or in writing and must be reachable by phone in order to reach an agreemant.
The time limit for complaints is 30 days after the return of the vehicle.
Default refueling
Before starting to drive, the hirer is obliged to inform himself, unequivocally, about the fuel type he needs. In case the hirer has used the wrong fuel, he will be made responsible for the respective costs.
Loss of Keys
In case of damage or loss to car keys the hirer will have to pay the arising costs.
Towing costs and Traffictickets
Towing costs, i.e. due to false parking and traffic tickets will have to be paid by the hirer.
Traffic Accidents
In case of a traffic accident, the car rental company has to be informed within 24 hrs, presenting the police report. If a police report is not made it is possible that the C.D.W. and Theft Protection insurance will become invalid. In case of vehicle theft, you will have to present the police report and return the car keys.
6. Liability, limits and exclusions of liability
Liability
The intermediary is liable only in limit in case of intent or gross negligence.
Occurences or circumstances which do not fall in his area of accountability or are caused by force majeure will not be claimable.
Limitation of liability
Any liability is limited to the rental price. In general, any liability is excluded for consequential damages.
Exclusions of liability
In general, any liability is excluded in the event of any omission or failure by the rental company or their service.
7. Rental Contract and Terms
The Rental Contract will be made under the terms and conditions of the Car Rental Company in the local language.
Most car rental companies offer the rental details in english language. Rental contracts and terms are always subject to country law, the law of the country in which you take over the car always applies.
All legal relations concerning the rental contract, specifically the delivery of the car, the technical and general condition of the car, provision of extras and supplements, provision of insurance, the fuel regulations and all other arrangements, as well as the settlement of contractual interferences e.g. costs arising due to road accident/burglary/theft e.g. retention of self excess, deposit, repair costs as well as refunds of payments or charges in cash or by credit card are legal relations between the car rental company and the hirer.
Please note however, that we as a broker/agent are not liable for any performance of the car rental companies nor will we be responsible of financial demands and will not provide refunds. All claims resulting from the performance of the car rental companies, in particular the lease, e.g. defects on the vehicle, errors or omissions of the car hire companies, consequential charges are solely the responsibility of the car rental companies.
8. Car Insurance
The broker/agent does not offer insurances it is the responsibiliy of the car hire company.
Amongst other things, this is the legal insurance of the vehicle and all additional insurance benefits such as an increase of the minimum coverage for property damage and personal injury, fully comprehensive insurance and theft protection.
The Insurance will differ between each country and between each individual Car Rental Company. Third Party insurance, which is governed by local law, is always included, Collision Damage Waiver and Theft Protection are also included, but in some countries insurance excess will apply. The specific insurance details the required category of car can be viewed under the suppliers terms on our website.
Any damages to the wheels or wheel rims as well as damages to the interior, the roof, the radio, glass and accessories are not covered by the complete car insurance. The same applies for the car undercarriage, for example, driving on unsuitable roads or roads and terrains not open to public traffic.
9. Cancellation
The reservation can be cancelled without explanation one day before the rental period starts. Cancellation can be made in writing by email or by fax.
10. Personal conduct
Our suppliers reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive or is threatening or abusive towards their staff. You must be responsible for the behaviour and appearance of yourself and your party. Our suppliers' Representatives will refuse to supply the car for hire if, in their reasonable opinion, your behaviour or that of other members of your group is likely to be disruptive or dangerous to yourself or anyone else or if you appear to be likely to cause damage to the vehicle or other road users. If your unacceptable behaviour or appearance (for example if you appear to have been drinking or taking drugs) means you are not allowed to hire the vehicle we will treat your booking as cancelled from that moment and will accept no claim in respect of the cancellation.
11. Saving clause
In case one of these conditions alters in any way it will not affect the relevance of the other clauses stipulated in these terms. The altered clause will be replaced by another legal one relating to the subject matter of that specific condition. |