Conditions

VEHICLE RENTAL CONDITIONS

– When collecting the vehicle, you must present your driver’s licence, identity card or passport and ensure that not all documents have expired.

– The customer must present a valid credit card (VISA, MasterCard or AMEX) as a guarantee for the rental in the name of the person listed as the main driver.

– The minimum age of the driver is 23 years. Drivers must have held their driving licence for at least 2 years. Drivers under 25 years of age or drivers holding a licence that is less than 4 years old must pay an additional insurance fee of 5 euros per day (minimum 15 euros and maximum 50 euros per contract). The validity and enforceability of the driving licence is the sole responsibility of the CUSTOMER and the CUSTOMER shall be solely responsible to the authorities for the inadequacy of said licence.

– The reservation of a vehicle category or group does not entitle the renter to the choice of a specific make or model. Miami Car Hire reserves the right to allocate a specific vehicle within the group booked by the client according to availability.

THE RENTAL PRICE INCLUDES

Personalised service. Delivery and collection from the terminal car park.

– Delivery and collection at our office in Fuengirola.

– Free delivery and collection at Malaga airport terminal car park, María Zambrano train station (AVE) and Malaga cruise ship station from 09.00 to 21.00 hours.

– Unlimited mileage*.

*If you plan to drive many kilometres, please note that you will have to came back to one of our offices and change the car before 2000km. If you exceed the 2000km limit without changing the car, a penalty of euro 1 per kilometre will be applied.

– VAT, taxes and local taxes.

– Fully comprehensive insurance with excess.

– 24-hour roadside assistance (LINEA DIRECTA ASSISTANCE. Tel: 900 100 120) – (NORTHGATE ASSISTANCE. Tel: 902 419 000) – (OCCIDENT ASSISTANCE. Tel: 917 838 838).

– First additional driver.

NOT INCLUDED IN THE RENTAL PRICE

– Supplement for delivery or collection of the vehicle at night:

• Between 06:30 and 06:59 hours, there is a supplement of 25€

• Between 07:00 and 07:59 hours, there is a supplement of 15€

• Between 08:00 and 08:59 hours, there is a supplement of 10€

• Between 21:00 and 21:59 hours, there is a supplement of 10€

• Between 22:00 and 22:59 hours, there is a supplement of 15€

• Between 23:00 and 23:59 hours, there is a supplement of 20€

• Between 00:00 and 00:59 hours, there is a supplement of 25€

• Between 01:00 and 06:29 hours, there is a supplement of 30€

– The delivery or collection of vehicles at different locations than the airport, Maria Zambrano train station or Malaga cruise ship station have a mínimum surcharge of 20 euros.

– Third additional driver: 4 euros per day (minimum 12 euros and maximum 44 euros per contract).

– GPS navigator: 4 euros per day (minimum 12 euros and maximum 50 euros per contract).

– Child safety systems: Maxi Cossi, baby seats and booster seats.

INSTALLATION IN THE VEHICLE IS ALWAYS THE RESPONSIBILITY OF THE CUSTOMER.

• Baby seats group 0 (Maxi Cossi): 6 euros per day for each seat (maximum 72 euros per contract).

• Baby seats: 3 euros per day per seat (maximum 45 euros per contract).

• ISOFIX baby seats, group 1/2/3, from 9 to 36 kg: 6 euros per day for each seat (maximum 72 euros per contract).

• Boosters: 2 euros per day per booster (maximum 24 euros per contract).

• ISOFIX boosters: 3 euros per day per booster (maximum 36 euros per contract).

– Insurance coverage and assistance outside the Spanish mainland.

Our vehicles are not authorized to travel outside the Spanish mainland territory. If you wish to travel to Gibraltar and/or Portugal, you need express authorization from Miami Car Hire and to pay an additional insurance of 6 euros per day of rental (minimum 40 euros and maximum 90 euros per contract). Otherwise, the contract will be terminated, as well as the insurance and roadside assistance coverage.

INSURANCE

Miami Car Hire offers two types of insurance:

1. Comprehensive insurance with excess: offers coverage for compulsory and complementary Civil Liability, legal defence and claims for damages and bodily accidents claims, partial protection against damage to the integrity of the vehicle, free 24-hour roadside assistance. The amount of the maximum excess to be paid varies according to each group of rented vehicle:

• Group 500, A, C. – 500€.

• Group 500C, E, F, P, CL. – 600€.

• Group 50CA, CLA, EA, EAH, SUV, SUA. – 700€.

• Group HA. – 900€.

• Group J. – 1000€.

• Group JLA. – 1200€.

The customer must leave a deposit as a guarantee of the excess when renting the vehicle. This deposit will be automatically refunded when the vehicle is returned, as long as the vehicle is returned in the same condition as when it was collected and without any further damage caused during the rental period. You can avoid having to leave a deposit if you take out comprehensive insurance without excess.

Miami Car Hire may use the excess to cover damage caused to the vehicle, which is not covered by the insurance offered by Miami Car Hire. For that the customer is responsible not only for the cost of repairing the vehicle, but also for all other costs and expenses derived from the damage, such as the cost of transporting and/or immobilising the vehicle.

Please understand that there are certain damages that are not covered by any insurance: loss of keys, damage to the underbody, clutch, damage to the radio-CD or upholstery, use of unsuitable fuel, driving under the influence of alcohol, loss or theft of car parts (e.g. spare wheel, reflective waistcoat, etc.), any damage that does not appear on an accident report.

Fully comprehensive insurance WITHOUT excess: offers coverage for compulsory and complementary Civil Liability, legal defense and claims for damages and bodily accidents claims, protection against damage to the integrity of the vehicle without excess, free 24-hour roadside assistance, windows and glass, locks, tire damage and punctures.

This type of insurance does not require a deposit as a guarantee.

The amount payable for full insurance without excess varies according to the group of the rented vehicle:

• Group 500, A, C. – 7€ per day (minimum 30€ and maximum 100€ per contract or month).

• Group 500C, E, F, P, CL. – 8€ per day (minimum €40 and maximum €110 per contract or month).

• Group 50CA, CLA, EA, EAH, SUV, SUA. – 9€ per day (minimum 50€ and maximum 120€ per contract or month).

• Group HA. – 11€ per day (minimum €70 and maximum €150 per contract or month).

• Group J. – 12€ per day (minimum 80€ and maximum 170€ per contract or month)

• Group JLA. – 14€ per day (minimum 100€ and maximum 190€ per contract or month).

GENERAL RENTAL CONDITIONS

Under this contract, Miami Car Hire S.L., with CIF. B92151927 and registered office at C/ Emilio Hurtado, 10. 29004 Málaga, rents the vehicle described on the front of the Agreement to the person identified as the driver and the payer (hereinafter referred to as the customer), on the terms and conditions specified below (hereinafter referred to as the Agreement). By placing your signature on the front of the Agreement, you acknowledge that you have read and agree to all the terms and conditions set out and agree to abide by them.

OBJECT OF THE CONTRACT

The Customer acknowledges that he/she receives the vehicle as described in the Contract, clean and in the proper maintenance and operating conditions for its perfect use.

The Customer undertakes to preserve and maintain the vehicle, drive it and use it in compliance with the standards of the Highway Code, as well as those provided for in this Agreement.

DURATION OF THE CONTRACT

The duration of the rental shall be as stated in the agreement, specifying the date and time of delivery and return of the vehicle. The rental day is a period of 24 hours from the time of commencement of the rental. A margin of 2 hours will be applied to the return, after which the amount corresponding to a full day’s rental will be charged.

If the customer decides to terminate the rental before the date specified in the contract, they will not be entitled to a refund for the days the car was not used.

The rental is only considered completed when Miami Car Hire staff have received the vehicle and vehicle keys.

USE OF THE VEHICLE

The Client undertakes to maintain the vehicle in good condition and, without prejudice to the obligations that may appear in other clauses of this Contract, to:

– To use and drive the vehicle with diligence, respecting the Law on Traffic, Motor Vehicle Circulation and Road Safety and other applicable provisions. Any damage caused to the vehicle due to negligence for not following the traffic signs shall not be covered by the insurance.

RETURN OF THE VEHICLE

The return of the vehicle must take place at the Branch office and on the date and time stipulated in the contract, except by prior arrangement confirmed by Miami Car Hire at least 24 hours in advance.

The customer shall return the vehicle in the same condition in which it was delivered, together with all documents, auxiliary equipment, tires, tools and accessories.

SPECIAL OR EXTRAORDINARY CLEANING: The charges derived from the return of the vehicle in a state that requires special cleaning or the intervention of an external cleaning company to carry out an extraordinary cleaning, will be charged a minimum amount of 50€ and a maximum of the total number of hours necessary to restore the vehicle to the state prior to the delivery of the vehicle.

The customer may not modify any technical features of the vehicle: keys, equipment, tools and/or accessories or make any changes to the appearance and/or interior of the car. Should this occur the customer should bear all costs necessary to return the car to its original condition.

NOT TO RETURN THE VEHICLE

In the event that you 1) return the car on a date and time other than that stated in the Contract, 2) return or leave the vehicle at a location other than that stated in the Contract, Miami Car Hire would charge you the stipulated price per day plus a 100% increase and the costs of travel, transport, towing, etc.

The rental is only considered to be terminated when Miami Car Hire staff have received the vehicle and the vehicle keys.

Miami Car Hire reserves the right to take legal action before the competent authorities in any case of loss or non-return of the vehicle. The Client assumes full responsibility for the consequences.

EXTENSION OF THE CONTRACT

The client is obliged to return the car on the date and at the time specified in the Contract. If the client wishes to extend the rental, he/she must do so in person at any of Miami Car Hire’s offices or by email at least 24 hours prior to the end of the contract. If the contract cannot be extended due to unavailability of vehicles or any other cause, the client must return the vehicle at the date and time specified.

When requesting an extension, Miami Car Hire may require the customer to sign a new contract, thereby terminating the existing contract and may vary the financial conditions.

In any case, the amount deposited as security cannot be used for an extension. Unilateral extension by the Client will be considered as unauthorized use of the vehicle for the purposes of the Client’s liability for any damage to the vehicle; the insurance will lose its validity and will be reported as misappropriation to the relevant authorities.

PAYMENTS

All services shall be paid for in advance. Miami Car Hire may establish a security deposit as a guarantee of compliance with the return of the vehicle on the date and time agreed in the rental contract.

In the event of damage or non-compliance with any of the payment obligations assumed by the Client, Miami Car Hire will retain the amount paid as a deposit up to the amount necessary to fully settle the debt. In any case will this deposit serve as payment in the extension of the rental contract.

Upon delivery of the vehicle, the customer must present a valid credit card as a form of payment. The card must belong to the person named as the main driver on the rental contract.

CANCELLATION OR MODIFICATION POLICY

The cancellation or modification of a reservation is free of charge, except in the following cases:

– Cancellation less than 24 hours before the start time of the rental selected by the client, the cancellation penalty is 30€.

– Cancellation during Christmas, Easter and the months of July, August and September: less than 5 days before the start time of the rental selected by the client, the penalty is 15% of the total price of the booking, with a minimum of 30€ and a maximum of 150€.

Once the scheduled date and time of pick-up has been reached, the booking cannot be cancelled and, if it is cancelled, 100% of the amount paid for the booking will be forfeited.

Miami Car Hire may cancel the reservation at any time due to Force Majeure. Likewise, Miami Car Hire reserves the right to cancel the reservation in the event that there has been any breach of the rental contract by the client in advance, which includes the non-payment of any amount due for previous rentals made in which the client may have been involved, the same hirer and/or driver of the vehicle that have been part of the signed rental contract.

Likewise, Miami Car Hire may cancel the reservations of clients who maintain or have maintained inappropriate behaviour with Miami Car Hire staff, have committed any fraudulent act with Miami Car Hire vehicles or Miami Car Hire have knowledge of the commission of any illicit or illegal act. In this case, Miami Car Hire will proceed to refund the full amount of the reservation if it considers it appropriate.

NON-COLLECTION OF THE VEHICLE BY THE CUSTOMER

Miami Car Hire will keep the vehicle and the conditions of the reservation at the client’s disposal until 2 hours after the time agreed in the reservation. After this courtesy period, Miami Car Hire does not guarantee the availability of the vehicle or the conditions of the reservation. Failure to collect the vehicle within this period will result in the full loss of the amount paid for the reservation.

FUEL POLICY

WE DO NOT CHARGE FOR REFUELLING.

The customer must return the vehicle with the same amount of fuel as was in the vehicle at the beginning of the rental period.

VEHICLE MISUSE

– The customer must maintain the vehicle in optimum condition and use it diligently in accordance with the laws and regulations at all times to avoid any situation that may damage the vehicle.

– The customer shall not allow the vehicle to be driven by any person other than a person authorized in the contract. Otherwise, the customer shall be directly liable for damage to the vehicle caused by third parties in this situation.

– Misuse of the vehicle includes, but is not limited to, the following cases cited by way of example:

• Driving the vehicle under the influence of alcohol, narcotic drugs, psychotropic drugs, stimulants or similar substances or in a state of diminished driving ability, such as fatigue or illness, or allowing the vehicle to be driven by a person in such circumstances.

• Reckless driving and/or driving contrary to traffic regulations.

• The use of the vehicle for illegal purposes.

• The use of the vehicle after the end of the rental period.

• Carrying more passengers than specified by the vehicle manufacturer or permitted by law.

• The use of the vehicle to move, push or tow other vehicles, trailers or objects.

• Driving in places that are not suitable for traffic, such as beaches, forest tracks, dirt roads, etc.

• Using the vehicle to participate in competitions, contests, training, testing the strength of materials, equipment or automotive products.

• Use of vehicle fuel or fuel quality or characteristics different from those that apply according to the fuel indicated by the manufacturer for each type of vehicle. (The fuel refueling error charge is a minimum of €700, depending the final amount of the type of engine, the type of vehicle and the amount invoiced by the repairer).

• Parking the vehicle incorrectly or leaving it unlocked when not in use. • Leaving objects in plain view inside the vehicle, which are capable of being stolen and causing consequent damage to the vehicle.

• Altering or modifying the vehicle’s odometer.

Any case that violates the provisions of this Treaty shall be construed as an abuse of the agreement, in which case the customer is liable for all damages caused to the vehicle and is obliged to pay all costs incurred. In the event of a legal claim, the customer shall incur all costs of the proceedings, including lawyers and court costs, but his speech and his presence in court is not procedurally obliged.

TRAFFIC FINES

The client is fully and completely responsible for any fines, penalties or any other measures applied to the hired vehicle due to improper use of said vehicle.

Miami Car Hire is obliged by law to provide the authorities with the details of customers who receive a traffic fine during the rental period and will charge the customer an administrative fee of 25 Euros when we receive a traffic fine. This fee does not include the payment of the traffic fine; it will be the client who will have to pay the fine directly to the authorities after receiving the fine by post at their home address.

DRIVING LICENCE

The customer must be in possession of a valid driving licence that is approved for driving in Spain. The customer must have held the licence for a minimum of two years.

The client is directly responsible for the proof of the validity of the licence and is solely responsible to the authorities for the unsuitability of the licence.

ADDITIONAL DRIVERS

All customers and/or authorized drivers shall be jointly and severally liable for all obligations arising from the Customer Agreement and applicable laws.

RIGHT TO CANCEL

Miami Car Hire reserves the right to terminate the contract prematurely, with immediate effect and without compensation to the client in the following cases:

– Upon receipt of information, that calls into question the financial solvency of the client.

– Miami Car Hire proves that the client is in breach of the Contract.

– The client has misused the vehicle.

STAFF

Miami Car Hire is not responsible for stolen, forgotten or lost property inside the vehicle.

Any damages of any kind that the Lessor may suffer as a result of a serious breach of the conditions set out in these “Terms and Conditions” and/or due to use other than that agreed by the Lessee, authorize the Lessor to withdraw the Vehicle from the Lessee and to invoice and charge the latter for the resulting amounts in accordance with the procedure and criteria of these General Terms and Conditions.