GENERAL TERMS AND CONDITIONS
Below are the General Terms and Conditions of the contract for the rental of a vehicle without driver (“the Contract”) entered into between the Lessor and the Lessee, who shall be obliged to pay, as compensation for the continuation of its use and enjoyment, an amount for each day of delay in returning it equivalent to the resulting amount as identified in the Intervention of this Contract.
Nature and purpose
This Contract, of a commercial nature, has as its purpose the non-financial lease by the Lessor of the motor vehicle without driver detailed in the Special Conditions that form an integral part of the Contract (“the Vehicle”).
Term. Extension
The term of the Contract is stated in the Special Conditions, the Start Date being the date of its execution. The Vehicle Delivery Date and the Vehicle Return Date are stated in the Special Conditions, and both are included in the rental term.
The Lessee may request from the Lessor an extension of the Contract by written notice two (2) days prior to the initial termination date, the granting of which shall be at the Lessor’s discretion; in such case, the Lessor must notify the Lessee in writing within one (1) day following the request.
If the Lessee fails to return the Vehicle on the established date, in no case shall the tacit renewal provided for in article 1,566 of the Spanish Civil Code apply.
Delivery and return of the Vehicle
1. The delivery and return of the Vehicle shall take place at the Lessor’s premises indicated in the Special Conditions. If delivery (or return, where applicable) is to take place at a different location, transport costs shall be borne by the Lessee.
2. At the time of delivery, the Lessee, and at the time of return, the Lessor, shall inspect the interior and exterior condition of the Vehicle, as well as its operation, and shall then sign the Vehicle Delivery/Return Document, respectively, as acceptance of delivery and return.
3. The Lessee releases the Lessor from any liability for damages that may arise from delays in delivery of the Vehicle not due to causes directly attributable to the Lessor, as well as for defects in the Vehicle that become apparent after delivery.
4. The Lessee must return the Vehicle in the same condition as received, except for normal wear resulting from proper use. The Lessee may remove accessories installed by them with the Lessor’s written authorization; however, the Lessee must compensate the Lessor for any damage caused by such removal. The Lessor shall not pay any compensation for accessories not removed. Any modifications made to the Vehicle, including the placement of signage and advertising elements, even if authorized by the Lessor, must be corrected, remedied or removed, as applicable, by the Lessee, unless otherwise agreed. Except for the “El Punt Mobility rent” signs, if any, installed on the Vehicle, which must remain unaltered, if the Lessee returns the Vehicle without removing signage or advertising elements, the cost of removal shall be borne by the Lessee. The Lessee shall be responsible for any decrease in value or, where applicable, the loss of the Vehicle or any of its components, when this is a consequence of breach of obligations under this Contract. The repair or replacement costs that may arise from such circumstances shall be borne by the Lessee.
5. If the Lessee decides to terminate the Contract before the agreed term, the rental price established in the Special Conditions shall be replaced by the price corresponding to the effective rental period set out in the Lessor’s Vehicle Rental Tariffs, which the Lessee expressly declares they know and accept.
6. Notwithstanding the provisions regarding return of the Vehicle in the preceding sections, considering that El Punt Mobility rent. has granted the use of the Vehicle to the Lessor, in the event that El Punt Mobility rent cancels the lease of the Vehicle to the Lessor early and the latter is obliged to restore possession of the Vehicle, this circumstance shall be communicated to the Lessee so that, upon termination of the rental agreed herein, the Lessee returns the Vehicle as required by El punto rent a Car for this purpose.
7. In “long-term” rentals, understood as vehicle rental contracts without driver between the Parties entered into for consecutive periods and issued with the reference “LP” in the Contract number in the heading, the Lessee shall not return the Vehicle to the Lessor until termination of the last of the consecutive contracts signed by the Parties; the terms and conditions of the Contract in force during the current rental period shall apply.
Rental price. Payment method. Fees.
The Lessee shall pay the Lessor the rental price established in the Special Conditions (“the Price”).
Payment method: Any of the following, as expressly stated in the Special Conditions:
BANK TRANSFER. The Price shall be paid by the Lessee by immediate transfer to the Lessor’s bank account indicated in the Special Conditions.
DIRECT DEBIT. The Price shall be paid by the Lessee by direct debit from the Lessee’s bank account indicated in the Special Conditions.
CREDIT CARD. The Lessee shall pay the Price, as well as any other amount payable by them under the Contract, by charging the credit card in their name indicated for this purpose in the Special Conditions.
CASH. The Price shall be paid by the Lessee by delivering its amount in cash to the Lessor. Transactions with a Price equal to or greater than ONE THOUSAND (1,000) EUROS may not be paid in cash.
Payment date: The Price, regardless of the payment method agreed in the Special Conditions, shall be paid in advance. Together with the Price, the Lessee shall pay the indirect taxes legally chargeable at any given time.
The Lessee shall automatically be in default, without the need for any notice or demand, if they fail to pay amounts due under the Contract. In such case, default interest shall accrue in favor of the Lessor, from the day following the due date of the unpaid amount until effective payment, at a nominal rate of two percent (2%) per month. This is without prejudice to the Lessor’s right to terminate the rental.
In the event of late payment of amounts due, for each unpaid invoice for which a claim is effectively made, a Debt Collection Management Fee shall accrue payable by the Lessee in favor of the Lessor, the amount of which is indicated in the Special Conditions.
The Lessee shall not be entitled to any reduction or waiver of the Price, nor to any other compensation from the Lessor, for any period during which the Vehicle, for any reason, cannot be used.
All amounts paid by the Lessee to the Lessor by
reason of the rental shall be applied to the outstanding amounts payable arising from it, in the following order: 1st Taxes; 2nd Outstanding principal amount; 3rd Default interest and Debt Collection Management Fee; 4th Expenses.
Use of the Vehicle. Maintenance and repairs
1. The Lessor undertakes to maintain the Lessee in the peaceful enjoyment of the Vehicle, under the terms and conditions of the Contract, for the entire duration of the rental.
2. The Lessee assumes the following obligations with respect to the Vehicle:
a) The Lessee and the persons who drive the Vehicle must use and maintain it diligently and in compliance with all legal regulations, especially those relating to traffic, use and possession of vehicles, as well as those indicated in the manufacturer’s manuals.
b) To take the Vehicle to workshops authorized by the Lessor. Official brand workshops of the Vehicle and any others that the Lessor may designate in the future shall be considered authorized. Any breakdowns or damage caused to the Vehicle due to breach of this obligation shall be the sole responsibility of the Lessee.
c) To strictly follow and comply with the inspection and maintenance schedule established for the Vehicle by the manufacturer and to monitor its proper functioning, immediately requesting repair if any deficiency or breakdown is detected.
d) To ensure proper functioning of the odometer, and any tampering is prohibited. If any anomaly occurs, the Lessor may consider, for the purposes of the adjustment described in general condition 7a, a number of kilometers traveled per day equivalent to the average kilometers traveled per day from the Delivery Date until the anomaly is recorded; or, if that average cannot be determined, the result of dividing the contracted annual mileage by 360.
designated, the inspection of the Vehicle and its documentation. Such proposed inspection; however, data obtained by cross-checking financial solvency and credit files may not be incorporated into these profiling processing activities. It shall be carried out at the location designated by the Lessor within the same city where the Vehicle was delivered, unless otherwise agreed, and on the date chosen by the Lessee, who must give the Lessor at least five days’ prior notice.
In the event of replacement of the odometer, the last reading shown by it shall be taken into account for the purposes of any adjustments to be made, unless its inaccuracy is recorded, in which case the provisions above shall apply.
e) The Lessee undertakes to facilitate at all times to the Lessor or to the third party designated by the latter
f) Not to use the Vehicle for driving school activities, public service activities, including, by way of example, taxi or ambulance service, passenger transport for hire, transport of loads exceeding those recommended by the manufacturer or permitted by law, competitions or sporting activities such as rallies or races, rescue of persons at sea, mountain or desert, towing of loads or other vehicles, as well as the transport of dangerous goods. Nor may the Vehicle be used for activities contrary to the law, or to drive on roads not suitable for the type of vehicle, and especially on unpaved roads.
g) Not to make any modification to the Vehicle, including the placement of signage or advertising elements, nor install any accessories without the prior written authorization of the Lessor.
h) To follow the instructions contained in the Driver’s Manual that the Lessor will provide together with the documentation of each Vehicle.
i) Not to drive the Vehicle on airport runways or port docks.
j) Not to drive the Vehicle in countries other than Spain; unless expressly authorized by the Lessor to drive in any of the following countries: Andorra, Portugal, France, Gibraltar (U.K.), Italy, Belgium, Netherlands, Luxembourg, Switzerland, Germany and Austria.
k) Not to transport the Vehicle on board a ship, train or aircraft without the express authorization of the Lessor.
l) Not to use the Vehicle for towing other vehicles or trailers without the prior consent of the Lessor. In any case, use of the Vehicle for such purpose will entail a modification of the rental fee, which shall be agreed by the Parties in the Special Conditions. In no case shall the trailer be covered by the insurance service of this Contract, and the Lessee undertakes to take out the corresponding insurance policy at their own expense, covering at least the civil liability arising from use of the trailer.
m) The person driving the Vehicle at any time must hold a valid corresponding permit or license, must not be subject to suspension or withdrawal thereof, and must have at least TWO (2) YEARS of seniority with the driving license.
n) When the Vehicle is to be used for any type of transport subject to authorization, it will be necessary for the Lessee to hold such authorization and assign the Vehicle to it. In order to prove availability of the Vehicle for such assignment, the Parties must have signed a pre-contract or similar document undertaking to carry out the rental, stating the rental term, the identification of the Lessor and the Vehicle details. Once the Contract is formalized, the Lessee must notify the competent Administration regarding the relevant authorization. In this case, the Lessee must insure the Vehicle at their expense according to the requirements of the applicable regulations for the authorized transport and will be responsible for compliance with the requirements demanded by the Administration in relation to the activity carried out with the Vehicle.
3. The Lessor will take care of the maintenance of the Vehicle according to the manufacturer’s specifications. The Lessor will handle repair requests, upon the Lessee’s written request, for breakdowns resulting from technical faults or normal wear due to use, and for accident damage within the Vehicle’s insurance coverage. Repairs not previously requested from the Lessor or carried out in workshops not authorized by the Lessor shall be borne by the Lessee, as well as any expenses arising therefrom, without prejudice to the Lessor’s right to terminate the Contract and claim damages from the Lessee.
5.4 The following repairs shall be borne by the Lessee:
a) Inspections, maintenance operations and/or repairs that must be carried out as a result of breakdowns and/or damage intentionally caused by the Lessee or due to improper use or misuse of the Vehicle, as well as negligent use of the Vehicle or use for activities and on roads not authorized as established in general condition 5.2.
b) Repairs that must be carried out as a result of breakdowns and/or damage directly caused by failure to comply with the manufacturer’s inspection and maintenance schedule described in the documentation delivered with the Vehicle.
c) Inspection and maintenance operations not included in the inspection and maintenance schedule referred to in the previous letter.
d) Installation of accessories in the Vehicle and modifications to it, both carried out after delivery, as well as repairs derived from all of the above, even if such installation and/or modifications were previously authorized by the Lessor.
e) Washing, waxing and interior or exterior cleaning of the Vehicle.
f) Maintenance and replacement of xenon bulbs, replacement or repair of sets of keys, damage to dashboards and interior upholstery, accessories (Radio, DVD, Navigators, alarm systems, etc.) and non-standard extras installed.
g) Damage produced to the underside of the Vehicle, and damage derived from external agents such as water, mud or any other that may affect the mechanical or electrical elements of the Vehicle.
h) Repairs arising from accidents, garage costs, parking and washes.
i) Fuel and lubrication, feeding or cleaning additives, as well as damage arising from incorrect refueling.
j) Tire repairs as a result of punctures, cuts and blowouts.
4. The Lessee consents that the Lessor may immobilize, including remotely, the Vehicle, through El Punt Mobility rent, in the event of contractual breach by the Lessor of the terms and conditions of the agreed assignment of use with El Punt Mobility rent, due to improper or unauthorized use of the Vehicle, theft or misappropriation of the Vehicle, or in the event of non de
Insurance
1. The Price includes the insurance coverages contracted by the Lessee. The policy shall provide, with the typical scope of a standard policy, the following coverages: mandatory civil liability, supplementary civil liability, legal defense and claims for damages, driver insurance and extraordinary risks.
The Insurance Certificate or, failing that, a copy of the insurance policy shall be delivered to the Lessee, who undertakes to comply with the obligations and instructions stated therein.
The insured and beneficiary shall be the Lessee, the Lessor, the usual driver or the additional driver indicated in the Special Conditions and/or the third party(ies) involved in the claim, as applicable according to the nature of the specific authorized risk.
The Lessor is authorized by the Lessee to communicate their personal data to the insurer for the purpose provided for in this general condition, as well as to modify or terminate the policy in whole or in part if any of the circumstances described in general condition 10a occur, as well as in the event of breach by the insurer of the obligations assumed in the policy.
The Lessee must notify the Lessor, within a maximum of twenty-four
(24) hours from its occurrence, of any claims in which the insured Vehicle has been involved, whether or not the driver is at fault. Such notification shall be sent to the email address stated in the Insurance Certificate delivered by the Lessor to the Lessee.
The policy does not cover damage, loss or any other harm suffered to luggage, goods or objects transported in the Vehicle, nor damage due to vandalism.
The Lessee agrees to assist and cooperate with the insurer in the event of a third-party claim. Likewise, the Lessee accepts responsibility for any failure to inform as soon as possible about third-party claims. In the event of any fraud or breach of the policy terms and conditions, or any breach generated by misuse of the Vehicle that invalidates the coverage provided by the policy, the Lessee shall be personally liable for the damages caused. For the purposes of this Contract and the Special Rental Conditions, “countable claims” shall be understood as follows: To count the number of claims, it shall be understood that existing damage to the left side, right side, front, roof and rear of the Vehicle correspond to different claims, regardless of the number of claim reports filed. The following claims shall be excluded from this count:
Those in which there is a responsible third party whose insurer has accepted fault.
Fire or theft of the Vehicle. Broken windows.
For the calculation, all claims reported to the Insurance Company will be taken into account, whether reported by the Lessee or by third parties involved. If, upon termination of the Contract, the Lessor detects damage to the Vehicle from claims pending notification to the Insurance Company, the cost of repairing such damage will be invoiced directly to the Lessee, who hereby authorizes the Lessor to charge it through the Direct Debit Account for the Fees indicated in the Annex of Special Conditions.
If, for any reason attributable to the Lessee, the insurance company does not assume responsibility for the expenses arising from repair of damage caused to the vehicle by any claim, the Lessee undertakes to pay directly any amount not covered by insurance, holding the Lessor harmless.
2. The Lessee may contract the “Premium Plus Guarantee” offered by the Lessor, which the Lessee declares they know and accept, under the terms and conditions set out in the Premium Plus Guarantee Summary that will be delivered to the Lessee and in the Annex of Special Conditions.
3. The Lessor will provide the Lessee with roadside assistance in the event of a Vehicle breakdown, under the terms and conditions set out in the Assistance Service Summary delivered to the Lessee. In any case, removal from the road and/or collection of the Vehicle’s load are expressly excluded from the assistance service. The assistance service offered by the Lessor shall be provided in the absence of the Vehicle’s manufacturer warranty service. Thus, the Lessor will provide the Lessee with information about the validity of the Vehicle’s warranty when it exists,
and, while the warranty is in force, the Lessee shall be obliged to request that service necessarily, to the exclusion of that offered by the Lessor.
Mileage. Adjustment
1. The mileage contracted for the Vehicle by the Lessee is stated in the Special Conditions. Excess kilometers beyond those contracted shall be multiplied by the excess-kilometer price established in the Special Conditions. Once calculated, the Lessor will settle the resulting amount in its favor on the Vehicle Return Date and upon checking the odometer, and the Lessee must pay the corresponding charge in the same manner provided for payment of the Price indicated in the Special Conditions.
2. If the Lessee does not return the Vehicle when obliged to do so, the Lessor and/or whomever it designates may collect and remove it wherever it may be, for which they are irrevocably and expressly authorized.
3. If, for reasons not attributable to the Lessor, the Lessee does not return the Vehicle on the established date, from that moment the Lessee shall be obliged to pay, as compensation for the continuation of its use and enjoyment, an amount for each day of delay equivalent to prorating by days the amount of the Price, increased by twenty-five percent (25%). Without prejudice to the foregoing, the Lessee shall compensate the Lessor for any damage or loss that may result as a consequence of the continued use and possession of the Vehicle.
4. In “long-term” rentals, as indicated in general condition 3.7, mileage settlement will be carried out upon termination of the last of the consecutive contracts signed by the Parties, considering the sum of the mileages set out in all consecutive contracts and the Vehicle’s mileage at the time of effective return of the Vehicle to the Lessor. In these cases, the fuel level to be considered will be that recorded upon termination of the last of such consecutive contracts.
5. The Lessee shall return the Vehicle with the same fuel level indicated in the Special Conditions. Otherwise, the Lessee shall bear the charge as compensation for refueling, set at TEN EUROS (€10.00) plus the cost of fuel up to the agreed level; the Lessor is authorized to invoice the amount by charging it in the same manner provided for payment of the Price indicated in the Special Conditions.
Fines
The Lessee shall pay the fines or penalties imposed by any administrative body by reason of the possession, use or condition of the Vehicle. This includes without limitation those arising from infringements relating to the Vehicle’s documentation, its state of maintenance or failure to comply with periodic inspection requirements.
The Lessee must reimburse the Lessor for amounts the Lessor is obliged to pay due to the fines or penalties mentioned above, including surcharges and interest of any kind, together with an amount equivalent to TWO PERCENT (2%) of the total amount paid by the Lessor—as compensation—plus management costs for notifications received by the Lessor in connection with such fines or penalties, which are set at FIVE EUROS (€5.00) per file; the Lessor is authorized to invoice the amount by charging it in the same manner provided for payment of the Price indicated in the Special Conditions.
Breach of Contract
Breach of one or more of the obligations assumed by the Lessee in this Contract shall entitle the Lessor to terminate the Contract.
If the Lessor chooses to terminate the Contract, each and every one of the following effects shall occur:
The Lessor shall retain the amount of the due and paid rental invoices paid by the Lessee.
The Lessee shall pay the Lessor the amount of the Price invoices due up to the termination date that remain unpaid, as well as the corresponding default interest.
The Lessee shall pay the Lessor, as compensation for damages caused by the breach, an amount freely set by the Parties at this time equivalent to fifty percent (50%) of the total amount (VAT included) of the Price, plus the amount corresponding to kilometers exceeding the mileage foreseen for the Vehicle
The Lessee shall be obliged to immediately restore possession of the Vehicle to the Lessor. In the event of delay in such restitution and until it occurs, the Lessee must pay the Lessor the amounts stipulated in general condition 7.3
The Parties expressly agree that, in addition to the obligation to restore possession of the Vehicle to the Lessor, the total amount of sums claimable by the Lessor from the Lessee as a consequence of this general condition shall, for all purposes, be considered a liquid, due and payable amount. Calculation of such total amount shall be carried out by the simple arithmetic operation of adding the amounts corresponding among the following: a) due and unpaid Price, b) compensation for damages caused by the breach, c) compensation for continued use and enjoyment of the Vehicle after the date on which it should have been returned, d) expenses, fees and taxes accrued as a consequence of termination of the Contract, e) mileage adjustment, f) corresponding default interest, g) penalties provided in this contract and h) the amount corresponding to the increase in the insurance premium
For the enforcement claim of the resulting balance, the contracting parties expressly agree that, for the purposes of article 572 of the Spanish Civil Procedure Act, the settlement to determine the enforceable debt shall be carried out by the Lessor in the manner agreed by the Parties in the Contract, and the Lessor shall issue the corresponding certificate stating the balance resulting from the settlement on the closing date. Accordingly, to exercise the enforcement action it shall be sufficient to present the enforceable title referred to in number 5 of section 2 of article 517 of the Civil Procedure Act, together with the certificate issued by the Lessor of the balance payable by the Lessee and the other documentation required at any time by the Civil Procedure Act. In this last certificate, the Notary who intervenes at the Lessor’s request shall state that the debt settlement has been carried out in the manner agreed by the Parties in this Contract, as well as the other requirements demanded at any time by said Act.
The Lessee gives consent for the Lessor to request testimonies or certified copies with enforceable effect and for this to be stated in the issuance note thereof.
Termination of the Contract
1. The Contract shall be automatically terminated for any of the following causes:
a) Total loss of the Vehicle declared by the insurance company; understood as total loss due to damage, theft or robbery.
b) Theft of the Vehicle reported to the competent authorities.
Termination of this Contract for any of the causes established above shall entitle the Lessor to: 1) require, where applicable, the return of the Vehicle or its remains and 2) receive the total amounts paid by the insurance company.
2. The Lessor may terminate this Contract if the Lessee is affected by any of the following circumstances:
a) Merger by absorption, split-up, corporate transformation or capital reduction, unless the Lessor provides written consent.
b) Initiation of any judicial or extrajudicial proceedings that could lead to seizure or auction of their assets.
c) The Lessor’s verification of the falsity of the data that served as the basis for entering into this Contract.
d) Substantial change in the Lessee’s solvency or liquidity conditions, or performance of acts that endanger or significantly reduce them.
e) Breach of any of the obligations assumed with respect to the rental agreed in this Contract.
3. Termination of this Contract as a consequence of any of the circumstances listed above shall have the consequences described in general condition 9.1.
Personal data processing regime
1. The signatory(ies)—that is, Lessee and Driver—are informed that both their own personal data and those of their respective representatives requested in this document, as well as those provided together with it, or later, or generated as a consequence of the management and performance of the Contract, or resulting from an IT process derived from those already recorded, will be processed and stored by the Lessor as data controller, whose registered office is stated in the Special Conditions.
Likewise, for the management and performance of the rental, the data will be processed and stored as data controller by El Punt Mobility rent., with registered office at Avd. Europa 16 2, Benidorm; the contact details of the data protection officer are: administracion@elpuntmobilityrent.es, with address at Avd. Europa 16 Benidorm. If data of persons other than the signatory(ies) are included in this request, the signatory(ies) declare that they have previously informed such persons and that they have consented to such inclusion.
The personal data provided are necessary for the development, control and maintenance of the contractual relationship and for the performance and management of the operations arising from it.
Personal data will be kept during the term of the contractual relationship and, once it ends, for the limitation period of any actions that may arise from performance of the Contract.
The signatories guarantee the truthfulness of the data provided at all times and undertake to promptly notify the Lessor of any changes thereto.
The signatory(ies) expressly authorize the Lessor to process the personal data referred to above for the purpose of preparing or segmenting profiles, including through automatic techniques that use current, historical and statistical data, for risk assessment and the preparation and analysis of new proposals; however, data obtained by cross-checking financial solvency and credit files may not be incorporated into these profiling processing activities.
2. The Lessor, in compliance with this contract, will transfer personal data to:
– the insurance company indicated in the Special Conditions, in compliance with Royal Legislative Decree 8/2004 of 29 October, approving the consolidated text of the Law on Civil Liability and Insurance in the circulation of Motor Vehicles.
– the Directorate-General for Traffic (Dirección General de Tráfico), with address at Josefa Valcárcel street, 28 and 44, 28071 Madrid, under Law 6/2015 of 30 October, approving the consolidated text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety.
Access to third-party personal data in connection with the contractual relationship. The Lessee’s personal data provided may be accessed by third entities with which the Lessor has entered into professional services agreements. Specifically, the Lessor has agreements with third entities—acting as data processors—for services relating to management and contesting of fines, administrative processing, collections and payments management, among other services.
Processing of Vehicle geolocation data. The Vehicle has a geopositioning (GPS) system that identifies its position and location and cannot be disabled by the Lessor. El punto rent a Car may access these data in the following cases: (i) Theft/robbery of the vehicle; (ii) Failure to return the vehicle by the Lessee upon termination, including early termination, of the Contract; (iii) Breach by the Lessee of payment obligations, when the Lessee has been requested to pay such unpaid fees by the Lessor. The legal bases authorizing the Lessor to access and process the Vehicle’s geopositioning data are the existence of a legal relationship with the Lessee and the Lessor’s legitimate interest, as set out in sections (b) and (f) of Article 6(1) of Regulation (EU) 2016/679 (GDPR), Recital 47. Vehicle geolocation data and pick-up/removal dates will be processed by the Lessor within the time limits arising from contractual relationships and statutory limitation periods established by applicable law, and will then be blocked and securely deleted. These data will be communicated to the competent authorities (law enforcement, courts and tribunals) and to roadside assistance providers (tow trucks) and to the Vehicle’s insurance company
The Lessor may also access data on technical parameters, with the legal basis being preventive and corrective maintenance of the Vehicle, arising from warranty obligations established by the manufacturer.
The Lessor expressly informs the signatory(ies) that outside the cases indicated above, it does not access the Vehicle’s geolocation data nor carry out any processing operation on them.
Data processing for consultation in common credit information systems. In order to contract, the signatory(ies) are informed of the Lessor’s right to consult common financial solvency and credit files to the extent necessary to assess the economic solvency of the signatory(ies). Accordingly, the Lessor may process, where applicable, data obtained from entities issuing reports regarding their financial or credit solvency. All of the above is in compliance with the legal obligation provided for in Article 20 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
Data processing in case of breach of monetary obligations. The signatory(ies) are informed that if payment of the monetary obligations provided for in the Contract in favor of the Lessor is not made under the terms provided, data relating to non-payment may be communicated to common credit information systems for inclusion in the corresponding files (ASNEF, BADEXCUG, RAI) relating to compliance or non-compliance with monetary obligations. In the case of natural persons, the requirements provided in Article 20 of Organic Law 3/2018 of 5 December must be met for this purpose.
Other purposes. The signatory(ies) expressly and indistinctly authorize the Lessor and El Punt Mobility rent to process their own personal data as well as those of their respective representatives requested, as well as those provided now or later, or generated as a consequence of the management and performance of the Contract, or resulting from an IT process derived from those already recorded, for the purposes of sending commercial communications by any means, including telephone, email or equivalent means, for the offer, promotion and contracting of products and services of the Lessor and/or El Punt Mobility rent of the same or similar nature and purpose as the Contract; provided that the signatory(ies) have not objected to the sending of such communications at any time thereafter, through the mechanism enabled for this purpose. The maximum retention period for the data for the purposes authorized herein will be in accordance with Regulation (EU) 2017/679 (GDPR) and other applicable regulations, and in any case until the revocation of the authorization granted herein. The data controllers are, respectively, the Lessor, whose registered office is stated in the Special Conditions, and El Punt Mobility rent with registered office at Avd. Europa 16, Benidorm and data protection officer contact administracion@delpuntmobilityrent.es; the signatory(ies) may exercise the rights of access, rectification, objection, erasure, restriction and portability, respectively, at the addresses indicated above. If the signatory(ies) deem it necessary, they may contact the Spanish Data Protection Agency (AEPD), with address at Jorge Juan street, 6, 28001 Madrid, in order to safeguard their rights.
Rights. The signatory(ies) may write to the registered office of the Lessor and/or El Punt Mobility rent or by email to: administracion@elpuntmobilityrent.es, for the purpose of exercising the rights of access, rectification, objection, cancellation, erasure, restriction and portability and to exercise the right to object to automated individual decisions that may significantly affect them or produce legal effects, in accordance with Article 22 of Regulation (EU) 2016/679.
Finally, if the data subject(s) deem it necessary, they may contact the Spanish Data Protection Agency (AEPD), with address at Jorge Juan street, 6, 28001 Madrid, in order to safeguard their rights.
Data Controller:
Your data will become part of a file owned by El punto Domex, S.L, with Tax ID (CIF/NIF) no.: B24829806 and registered office at: Avenida de Europa 16), 03503 – Benidorm (Alicante).
Purpose of processing:
To develop and comply with the obligations provided for in the contract, or legal-business relationship, linking you with El punto Domex, S.L.
Data retention:
Your data will be kept for the legally established period.
Legal basis:
The legal basis for collecting your data is the contract signed or your legal-business relationship with EL Punto domex, S.L.
Recipients:
Your data will not be assigned for purposes other than those described above, except as required by law; however, they may be transmitted to service providers that are bound by a data processing agreement with El punto Domex, S.L.
Rights:
You may exercise your rights of access, rectification, cancellation, restriction, portability and objection to the processing of your data when certain circumstances occur, in which case they will only be kept to comply with legally required obligations.
To exercise the rights described above, you must contact El Punto Domex, S.L, with Tax ID (CIF/NIF) no.: B24829806 and registered office at: Avenida de Europa 16 03503 – Benidorm (Alicante).
Likewise, we inform you that the Spanish Data Protection Agency is the competent body tasked with safeguarding these rights.
In order to keep the data up to date, the client must notify any changes thereto.
Confidentiality commitment:
Likewise, in accordance with Article 32 of the GDPR, relating to the duty of professional secrecy, Domicilio Express, S.L undertakes to keep personal data confidential, and this obligation shall remain in force after termination, for any reason, of the relationship between you and El Punt Mobility rent.
I ACCEPT that Domicilio Express, S.L sends me informational communications via e-mail, SMS, or instant messaging systems such as WhatsApp, with the aim of keeping me informed about the development of the activities related to the contracted service.
I ACCEPT AND EXPRESSLY REQUEST the receipt of commercial communications by electronic means (e-mail, WhatsApp, bluetooth, SMS), from El Punt Mobility rent about products, services, promotions and offers of interest to me.
The personal data provided will be processed by El Punto Domex with Tax ID B24829806 in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The data provided will be processed for the time necessary to fulfill the purposes of processing, as long as you do not object, and for the time necessary to comply with the data controller’s legal obligations.
The data will not be transferred or disclosed to third parties, except in cases legally established.
We remind you that you have the right to exercise the rights of access, rectification, cancellation, restriction, objection and portability free of charge by email to: administracion@elpuntmobilityrent.es or at the following address: Avenida de Europa 16, 03503 – Benidorm (Alicante), and to request the protection of the Spanish Data Protection Agency at www.aepd.es
Other General Conditions.
Place of performance of the Contract; The place of performance of the obligation shall be understood to be the place where the Contract is formalized.
Assignment: The Lessee may not assign this Contract nor subrogate a third party in the rights and obligations derived from it, unless authorized in writing by the Lessor. The Lessor is hereby authorized by the Lessee to assign this Contract to another person or entity, and the assignee will be subrogated to all rights and obligations thereof.
Communications: For any notices, requirements, communications and notifications that must be addressed to the Lessee, the address stated in the Contract (or later duly notified to the Lessor with proof and acknowledgement of receipt) is designated as the address for service, and communications and notifications sent to such addresses shall be deemed valid even if refused, uncollected, the interested parties are not found there, or they are received by family members, employees, neighbors or any other person. Furthermore, if the Lessee changes address, it must necessarily and in any case be located in Spain in order to be considered valid and binding for the purposes of this Contract.
Security deposit.
The Lessee shall pay the Lessor per Vehicle the amount indicated in the Special Conditions as a guarantee of compliance with the Contract. This amount shall be collected by the Lessor upon signature of the Contract by charging it in the same manner provided for payment of the Price indicated in the Special Conditions.
This amount shall not accrue any interest in favor of the Lessee and shall be returned by the Lessor once the Contract has ended, after verifying that the Lessee has complied with all obligations arising from the Contract. In case of breach of such obligations by the Lessee, the Lessor shall apply this amount to payment of such obligations up to the amount available.
Jurisdiction. Governing law.
The Parties agree, expressly waiving any other jurisdiction that may correspond to them, that any dispute, disagreement, issue or claim resulting from the existence, validity, interpretation, performance and/or compliance with the Contract or related to it, shall be decided by the Courts and Tribunals of the city of Benidorm.
This Contract is governed by Spanish common law.
Acceptance of the Contract and the General Conditions.
The party(ies) intervening consent to the incorporation of these General Conditions, which form part of this Contract, and which have been drafted and previously known and accepted by the Parties. The signing and acceptance of the Contract by the Lessor shall in any case be conditional upon the effective signing and acceptance of the Contract by all the intervening parties envisaged, including their representatives, and until then it shall remain suspended and without any binding force or effect for the Parties. Likewise, unless a different effective date is expressly provided for this Contract, it shall be deemed effective from the signature of the last of the intervening parties.
