RENTAL AGREEMENT CONDITIONS

AGE RESTRICTIONS AND DRIVER'S PERMISSION

• The minimum age of the driver is 21 years.
• The driver must hold a driving licence approved in Spain and in force for at least one year.
• Drivers under 25 years of age must take out an additional insurance of 4€ per day (minimum 12€ and maximum 48€ per contract) and will have at their disposal vehicles of categories B, C, E, N1 and N.
• Drivers over 25 years of age and under 75 years of age with a driving licence between 1 and 4 years of age must an additional insurance of 4€ per day (minimum 12€ and maximum 48€ per contract) and will have to their vehicles of categories B, C, E, N1, N.
• Drivers over 75 years of age must take out an additional insurance of 4€ per day (minimum 12€ and maximum 48€ per contract).

DOCUMENTATION TO BE SUPPLIED AT TIME OF VEHICLE DELIVERY

• Booking voucher
• Driver’s license
• Bank card in his name. The payment methods accepted are Visa or MasterCard credit card. More information
• A valid national identification card or passport.

A valid flight number is necesary for all high-end vehicles.

In the case of people who do not arrive by flight, train or any other means that can prove the tourist purpose, we need proof that confirms their current residence address in Malaga, such as a rental contract, electricity, gas or water bill less than 2 months old. Likewise, you must indicate the complete address to the place where you will go with the rented vehicle.

If you do not bring any of these documents that can prove your residence, we will not be able to deliver the vehicle.


INCLUDED IN THE RENTAL PRICE:

• 24 hour airport service
• VAT, fees and local taxes.
• Car passanger insurance
• Two-hour courtesy window for returning the vehicle.
• Direct Returning Service: The vehicle must be returned with the same amount of fuel as when it was collected..
• Additional driver: The first additional driver will be included.
• Travel insurance: Vehicles provided by Marbesol may only be driven on the Iberian Peninsula, including Gibraltar and Portugal, and must be returned to our offices in Marbella or at the Málaga Airport.
• Total Damage Insurance: Insurance will cover damage to wheels, windows, clutch, undercarriage, battery, towing service, fuel error and loss of key

NOT INCLUDED IN THE RENTAL PRICE:

• After hours: You have the option to pick-up your vehicle at any time, 24h a day. However, vehicles picked-up between 23:00h and 07:00h, outside of standard office hours, will incur an additional charge of 35 euros per vehicle. Reservations outside of standard office hours, i.e. between 23:00h and 07:00h, will only be handled at our Málaga Airport office and it is essential that you provide your flight number.
• One-way : If the booking has a duration of less than 3 days and the pick-up office is different from the destination, you will pay the amount of 35€, which will be automatically added at the end of the booking process, showing the total price including this extra.
• Additional driver: It is possible to add additional drivers that will be covered equally by insurance. However, there will be an additional charge of 6 euros per each additional driver up to a maximum of 3 additional drivers per Rental Agreement (minimum 12 euros and maximum 72 euros for each one). All Customers and/or authorized drivers will be jointly liable for all Customer obligations arising from the agreement and the laws applicable within said agreement.
• Baby/child seats and booster seats: 2.25 euros per day for each seat delivered and per contract (minimum 13.5 euros and maximum 54 euros for each) The installation of these will always be the responsibility of the client.

In the event of an accident or damage to the vehicle, it is mandatory that the client fills out an accident/damage report and delivers it to our office. Likewise, in case of theft of the vehicle, the client is obliged to report it to the Police and hand in the report in our office, as well as returning the key to the vehicle. 

For each accident or damage report processing Marbesol has to do, an additional 50€ (VAT included) will be charged for the processing of the accident. If the insurance determines that the incident was not the responsibility of the Client, the 50€ (VAT included) will be refunded.

Marbesol reserves the right to modify any of the previous points in case it is considered necessary to guarantee the safety of the vehicle.

PURPOSE OF THE RENTAL AGREEMENT

The rental of a car is not necessarily tied to any particular vehicle but to a group of similar vehicles with similar technical and comfort features.

The Customer acknowledges receiving the vehicle as described in the agreement, clean and with maintenance and operating conditions, damages, fuel level and auxiliary equipment specified, which if not referenced the vehicle is to be considered suitable for use.

DURATION OF AGREEMENT

The duration of the Rental Agreement will appear on the front, specifying the date and time of delivery and return of the vehicle.

A rental day refers to a period of 24 hours beginning with the release of the rental plus a grace period of 120 minutes for the vehicle's return.

The maximum duration of the Rental Agreement will be 89 days.

If the Customer decides to terminate the rental before the date specified on the Rental Agreement, they will not be reimbursed for an early return.

Additionally, if Marbesol unilaterally terminates the rental prior to the date specified on the Rental Agreement for reasons not attributable to the renter, and formally requests the return of the vehicle and it is delivered, the Customer is entitled to receive compensation from Marbesol in an amount corresponding to double what was paid for the remaining days the vehicle would have still been in use under the Rental Agreement.

USE OF THE VEHICLE

The Customer promises to maintain the vehicle in good condition and, in particular, without prejudice to the obligations that may be contained in other provisions of this Rental Agreement, such as:

• Diligently use and operate the vehicle, respecting Traffic Laws, Circulation of Motor Vehicles, Road Safety Measures and all other applicable regulations. Any damage to the rental vehicle caused by negligence or failure to abide by the rules will not be covered by insurance.
• Without limiting the generality of the provisions in the preceding paragraph, the vehicle may not be driven while under the influence of alcohol, narcotics, psychotropic drugs, stimulants or other similar substances nor in states that diminish one's ability to drive, such as fatigue or illness, nor may the vehicle be driven by one who is in a similar state.
• Do not use the vehicle for illegal purposes.
• Do not allow the vehicle to be driven by anyone other than the Customer or additional drivers specified on the front page of the Rental Agreement.
• Do not carry more passengers than those specified by the vehicle manufacturer or permitted by law, or transport animals.
• Do not use the vehicle to move, push or tow other vehicles, trailers or objects.
• Do not drive on roads or in other places that, given their poor condition, may cause damage to the vehicle.
• Do not use the vehicle in competitions, contests, training or resistance testing of materials, accessories or automotive products.
• Do not use gasoline or another fuel of a certain quality or with characteristics that are not appropriate or do not conform to the manufacturers' specifications for each type of vehicle.
• Properly park and lock the vehicle when not in use.
• Do not use the vehicle to load or transport goods of any kind, or install a roof rack without authorization.
• Do not manipulate the vehicle odometer in any way.
• Do not use the vehicle for the public transport of passengers, or to provide driving courses or courier services, or for the delivery of goods, or for commercial or industrial activities, or for any activity that involves subleasing the vehicle.
• Do not transfer the vehicle off the Iberian Peninsula (excluding Gibraltar and Portugal) unless prior written authorization to do so has been obtained from Marbesol.
• The Customer must have been in possession of a valid driver’s license valid in Spain for a minimum period of 1 year prior to rental, with the Customer being directly responsible for these facts, thus maintaining the indemnity of Marbesol under any and all circumstances.

The Customer is directly responsible for any damage to the vehicle or to third parties in the case of the vehicle's misuse.

Any occurrence which violates the provisions of this Rental Agreement shall be construed as vehicle misuse in which case the Customer will be liable for all damages caused to the vehicle as well as any damages or harm caused to Marbesol.

RETURNING THE VEHICLE

The return of the vehicle shall occur at the branch, at the date and time stipulated on the Rental Agreement. The vehicle will be returned by the Customer in the same condition in which it was rented, along with all documents, auxiliary equipment, tires, tools and accessories.

The Customer may not alter any of the vehicle's technical characteristics, keys, equipment, tools and/or accessories thereof, or modify its exterior and/or interior. If such is done, the Customer shall bear all expenses required to return the car to its original state, without prejudice to the harm done to Marbesol derived from the reconditioning of the car for the period it must be immobilized, as well as to other damages caused to Marbesol.

Return/late delivery of the vehicle: If the vehicle is returned by the Customer at any date, time or place other than that specified in the Rental Agreement, an extra day of rent at the current daily rate will be charged for each day or portion of a day the return of the vehicle is delayed. A grace period of 120 minutes is granted for the return of the vehicle beyond the scheduled return time. Likewise, a penalty of 35 euros will be charged for each day the return is delayed.

If the Customer returns or leaves the vehicle in any place different than that specified in the Rental Agreement, Marbesol may demand reimbursement for costs incurred for transfers, towing, tolls, storage or safekeeping.

Should Marbesol delay in the delivery of the vehicle by more than 120 minutes from the signing of the Rental Agreement, the Customer will be compensated with an extra day at the daily rate in effect for each day or portion of day that the delivery of the vehicle is delayed. Likewise, a penalty of 35 euros will be charged for each day of delay.

EXTENDING THE DURATION OF THE RENTAL AGREEMENT

If the Customer wishes to extend the rental period, they may do so in person at any of the Marbesol offices in order to sign for an extension of the period and make any applicable payments. This extension is subject to vehicle availability.  It is not possible to extend any Rental Agreement via telephone, email or text message.

A unilateral extension by the Customer shall be considered an unauthorized use of the vehicle for the purposes of the Customer's responsibility for any damage to the vehicle and will also be treated as a non-return of the vehicle at the agreed upon time.

PROCESS FOR RETURNING THE VEHICLE AND FUEL

The process for returning the vehicle includes verifying that the vehicle is returned in its original condition. To do so, Marbesol technicians perform management control in which two elements will essentially be verified: the condition of the car in terms of any damage that the vehicle may have suffered during the rental period the fuel level and mileage.

A. Condition of the vehicle

The vehicle must be returned by the Customer in the same condition in which it was delivered. Our staff will inspect the condition of the vehicle and note any new damage. You will be required to consent to and sign a damage inspection report.

If the vehicle is not returned in the same condition, the Customer will also be required to provide compensation for the vehicle's downtime as a result of the damage suffered. Please refer to the section, "return of the vehicle".

B. Fuel

The vehicle must be returned with the same amount of fuel as when it was collected.

If the vehicle is returned with a lower amount of fuel, the amount corresponding to the missing fuel will be charged at that time.

C. Mileage

If you are going to do more than 2000Km during your booking you will have to come to our office to change your car. If not, we will charge 2€ per kilometer exceeded.

PAYMENT

• The payment methods accepted are Visa or MasterCard credit card.
• No Maestro or Electron debit cards will be accepted.
• Payment with Diners Club, American Express, or Postepay will not be accepted.
• Prepaid cards and virtual cards will not be accepted.
• Payment by cash, smartphone, bank check or wire transfer will not be accepted.
• The holder of the bank card with which the rental payment is made must be the contract holder and the contract holder must be present at the time of car collection.
• Only one bank card can be used per contract and must be nominative.
• The card holder, who will be the same as the contract holder, will be responsible for the payment of any extra caused by the additional drivers of the contract.
• The payer will be responsible for knowing the PIN of bank card if you pay with a card that includes this technology.
• The payer must ensure that his bank card has sufficient funds at the time of collection of the vehicle to be able to cover the rental costs with all the options contracted and also, if appropriate, block the amount of pre-authorization for the group of vehicle rented.
• In the case of special and high-end vehicles, two credit cards will be requested to guarantee the rental.

At the time of collection of the vehicle and payment of the rental, Marbesol will collect the rental charges to be paid at the counter on the bank card of the contract holder. 

The following will be the Customer's responsibility and therefore charged by Marbesol:

• Fines: The Customer is responsible for the payment of fines for traffic violations, illegal parking or other infractions which have occurred during the vehicle rental period and during the time said Customer has had the rental in their possession until the actual return of the vehicle. Marbesol will charge an amount of 30 euros (VAT included) for management and processing expenses as they are obliged to inform the relevant authorities and provide them with Customer and Rental Agreement data within the established statutory period. This fee does not include the payment of the fine.
• Loss of keys: the replacement of the key is included in the insurance, but the shipping will be charged to the customer. The costs will be from €30 onwards.
• Special vehicle cleaning: The rental price includes a standard cleaning of the vehicle. However, if the vehicle requires special cleaning due to it having been returned in an inadequate state, Marbesol will be forced to charge an amount of up to 150 euros.
• The Customer is solely responsible for the cost or difference in value of any spare wheel, tires, tools, accessories, documentation, keys or radio equipment found at the end of the rental period to be missing from the vehicle or substituted for, as these circumstances are expressly not covered by any insurance policy.
• The costs of repairing damages to the vehicle in case of accident, when:
  • The vehicle was not used in accordance with established usage conditions
  • The accident report was not completed and sent to Marbesol within the stipulated period or did not conform to the reality of the facts produced.
  • If no corresponding additional Insurance was acquired

  You can refer to the value of damages at the end of our website.

HOW TO CANCEL YOUR BOOKING WITH ONLINE PAYMENT

• If the reservation is cancelled more than 48 hours before the time of delivery of the vehicle, all charges will be refunded.
• If the booking is cancelled less than 48 hours before the pick up time, no funds will be refunded.
• If it is a non-refundable offer, no refund is possible

INSURANCE

The Customer and any other authorized driver are insured under the Automobile Insurance Policy, a copy of which is at your disposal at any Marbesol office where vehicles are rented. This policy includes Civil Liability for damage to third parties arising from the use and circulation of the vehicle.

Additionally, vehicle damage in case of collision, theft, unintentional fire or vandalism will be covered so long as the following conditions are met:

• The Customer notifies Marbesol regarding the incident within a period of 24 hours and provides the necessary documentation, such as: an accident report completed and signed by both parties, information on possible witnesses, a report to the authorities, etc.
• The insurance company does not reject the claim on the grounds that the driver did not meet the physical and psychological conditions required by the Highway Code.
• The incident has not taken place due to misuse of the vehicle.

The insurance will cover damage to wheels, windows, clutch, undercarriage, battery, towing service, fuel error and loss of the key. These coverages and guarantees will only be valid if the Customer complies with the conditions set out above for own damage to the vehicle. 

Customer agrees to immediately inform Marbesol of any casualty that has occurred or damage caused to the rental vehicle, to immediately transmit to them any letters, citations or notifications that relate to the incident and to fully collaborate with Marbesol and the insurance company during the investigation in the defense of any claims or processes. It is mandatory that the Customer duly present the compiled accident or damage report within a maximum period of 24 hours after the event's occurrence. In particular, if an accident occurs, the Customer will take the following steps:

• Obtain the full details of the persons involved in the accident, as well as potential witnesses, a sketch of the accident and data on the other vehicle (license plate, model, insurance company, and policy number, etc).
• Transmit with utmost urgency to the Lessor the data acquired as referred to in the preceding paragraph and any other details regarding the accident.
• Immediately notify the authorities if the other party is guilty and should be investigated or if someone is wounded.
• Do not leave the vehicle without taking adequate measures to protect and safeguard it.

In case of fire, vandalism, theft or disappearance of the vehicle, the Customer agrees to immediately notify Marbesol with the facts and file the appropriate complaint with the authorities.

APPROVED CAR SEATS AND BOOSTERS FOR CHILDREN

The Customer shall report to Marbesol the need to use any mandatory restraint device approved for children under three years of age or older who do not exceed a height of 150 centimeters upon payment of the corresponding rental fee and before securing it in the vehicle. The Customer is, in any case, fully responsible for the installation of the device. In any case, Marbesol will be free from any possible liability for personal injury or property damage arising from a breach by the Customer of the obligation to use the mandatory retention device, or its installation, or misuse by the Customer or any possible manufacturing defect of the aforementioned device.

RIGHT OF CANCELLATION

Marbesol reserves the right to cancel the reservation before the delivery of the vehicle and/or to terminate the Contract in advance, with immediate effect and without any compensation to the customer in this respect.

PERSONAL ITEMS

Marbesol is not responsible for items stolen, forgotten or lost inside the vehicle.

SPECIAL CONDITIONS

The Special Conditions appended to this Rental Agreement must be accepted and signed by the Customer.

LEGISLATION

This Rental Agreement shall be governed by and construed in accordance with Spanish law. Marbesol declares its intention to amicably resolve any differences. If this is not possible, any disagreement arising between Marbesol and the Customer shall be subject to the jurisdiction of the place where the rental was initiated.
The Customer may submit claims or complaints to the following address: Avenida Garcia Morato, 50, CP 29004, Málaga.

TRANSLATION

Translations of these terms and conditions are offered for informational purposes only and the specific wording is not legally binding. Only the Spanish version is valid.

DATA PRIVACY

In compliance with the provisions of 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 (RGPD), as well as in compliance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), we hereby inform you of the following points related to the processing of personal data related to the online purchase process:

VEHICLE GEOLOCATION

• Purpose: the geolocation system will be processed by Marbesol and will be activated exclusively in the event that there is a declaration of theft or suspicion of theft of the vehicle, as well as in the event that the client has any incident on the road that requires our assistance, in those cases in which it is necessary to locate the place of the vehicle and provide customer service.
• Minimization: the geolocation system will only be activated in the cases mentioned above and in no case will it be used continuously for monitoring purposes.
• Basis that legitimizes the treatment: the basis that legitimizes the treatment in relation to the use of the geolocation system in cases of declaration or suspicion of theft, is the interest of Marbesol in guaranteeing the safety of its fleet of vehicles. Marbesol has carried out a prior consideration in order to ensure that this treatment is proportionate, so that it is not harmful to the rights and freedoms of those interested. To achieve this objective, measures have been implemented to guarantee that the system is only activated in justified cases, that access to this information is only allowed to personnel strictly authorized to manage the geolocation system, and that the appropriate security measures have been applied, based on the provisions of article 32 of the GDPR. The basis that legitimizes the treatment in cases of activation of the system for the provision of the service of roadside assistance, is the execution of the contractual relationship.
• Assignments to third parties: no transfer of data to third parties is foreseen, unless required by legal imperative.
• Conservation period: the information from the geolocation system will be deleted once the vehicle rental service has finished, unless the data must be made available of the competent authorities, in cases of theft of the vehicle.

העדכון אחרון: 20/05/2024