Terms & Conditions
1.- USE OF VEHICLE: Renter acknowledges that he receives the vehicle in good mechanical condition, that he does receive same together with the necessary documents and tools, tyres and accessories and that all of it must be kept in good condition. He undertakes to drive said vehicle carefully in accordance with the regulations of the Motor Traffic Code. He also undertakes:
- Not to carry passengers or goods or to use the vehicle in any kind of activity when this implies subleasing the vehicle directly or indirectly.
- Not to allow any person to drive the vehicle other than he himself or the persons authorised in this agreement.
- Not to drive said vehicle when physical condition is impaired by alcohol, drugs, fatigue or illness.
- Not to propel or tow other vehicles or trailers.
- Not to participate in races or sport activities with said vehicle.
- Not to break the seal or interfere with the odometer. Its failure must be immediately notified to ORION.
- Not to carry more passengers than those specified by the vehicles manufacturer or permitted by law.
- To keep the vehicle properly parked and locked when not using same and to protect same from freezing.
2.- RETURNING OF VEHICLE: The vehicle will be returned at the place and on the date specified in this agreement. Any alteration in said place and date must be previously authorised by ORION. The unfulfilment on this condition entitles ORION to withdraw the vehicle or to demand in court the restitution of same.
3.- RENTAL CHARGES: Renter agrees to pay, on top of corresponding rental charges and taxes, all expenses resulting from vehicle documents evaluated in euros 12,00, tools and accessories, as well as all kinds of fines and court costs derived from traffic violations or infringements of law or any legal regulations caused through fault of renter or any of the persons authorised to drive during the term of this agreement. The application of the tariff originally agreed is subject to the return of the vehicle in the place and on the date stipulated.
4.- INSURANCE: Only the driver(s) approved by ORION are entitled to the status of assured:
- The lessee and each driver of the vehicle authorised on the contract agrees to participate as assured in the benefit of a motor-car insurance policy, a copy of which is available to the lessee at the lessors main business establishment. Such policy covers injury to third parties according to the applicable regulation in Spain.
- The lessee hereby approves said policy and undertakes to observe the terms and conditions thereof. The lessee further undertakes to take all necessary steps to protect the interest of the lessor and its insurance company in case of accident during the term of this rental contract and in particular:
- To report to ORION within 24 hours any accident, theft or fire even partial and concurrently to the police any bodily injury or theft.
- To include in his report the circumstances, date, place and time of the accident, the names and addresses of the witnesses, the names and addresses of the other vehicles involved, the number of such vehicles, the name of the owners insurance company and the number of the policy.
- To attach to such report any available police or bailiffs report.
- In no event to discuss liability, deal or settle with third parties relevant to the accident.
- A franchise or deductible according to the applicable rate list remains incumbent to the lessee in event of accident damage to the vehicle.
- Carried clothing or other articles are not covered.
- The vehicle is insured only for the rental period shown on the contract. Thereafter, unless an extension is agreed, ORION declines all responsibilities for accidents which the lessee may have caused and for which he alone will be responsible.
- Finally, there is no insurance coverage for any drivers not holding a valid drivers license, or if the driver is under the influence of alcohol or drugs. The lessee and/or the driver will be liable for all injury sustained by ORION.
- Damage to the vehicle from poor or uneven roads is on lessees account.
- ORION declines all responsibility for injury to third parties or damage to the vehicle which the lessee may cause during the rental period if he has willfully supplied ORION with false information as to his identity, his address or the validity of his drivers license and no insurance coverage will have in such event.
5.- ACCIDENTS: Renter agrees to immediately inform ORION of any accident and to promptly transmit any letters, summonses or notices relating to said accident and to fully cooperate with ORION and the insured in the investigation and defence of any claim and suit. When the accident occurs the renter will take the following action:
- Not to accept or prejudge liability for the accident.
- To obtain full details of parties involved with, together with a complete report of facts, including how this accident occurred, place, date, time, etc., and will urgently transmit to ORION or, in case of a serious accident, will even immediately phone.
- To notify immediately the authorities if the other party is guilty and this needs to be ascertained.
6.- REPAIRS, OILS, GREASING: Repairs in case of mechanical breakdown, except those caused by renters negligence, inability and ill treatment, oil changes or greasing will be made by ORION workshops, free of charge and repair costs will be refunded against receipted bills, should repairs be made by workshops other than ORION. In the latter case however, if the cost of the repairs exceeds the amount of 4,20 euros and before carrying same out, the renter must obtain permission from the nearest ORION office.
7.- ORION RESPONSIBILITY: ORION has taken all necessary precautions to prevent mechanical failure but if such happens the renter hereby releases ORION of any liability for loss or damage arising out of such failure directly or indirectly.
8.- JURISDICTION: Should any difference arise between both parties they here submit themselves to the courts of Malaga waiving any right to any other jurisdiction.
