These General Rental Conditions (hereinafter, “GTC”) are intended to regulate the Rental of a Vehicle between a Lessee and the Lessor, carried out from the Platform or through the mobile application.
The Rental Offer referring to the Vehicle and published on the Platform or in any of the mobile applications, as well as the offer made to the Customer at the point of sale, should be considered as special conditions that complement these General Terms and Conditions.
“Lessor” refers to the legal entity that provides the rental services for the Vehicle described in the Offer.
“Lessee” refers to any natural or legal person, consumer, professional or non-professional, who rents the Vehicle described in the Contract.
“Client” refers to any natural or legal person who enters into a rental agreement with the Lessor in accordance with these General Terms and Conditions.
“General Rental Conditions” or “ GTC ” refers to this contract established between the Lessor and the Lessee. These conditions will govern during the Rental of the aforementioned Vehicle. The General Rental Conditions will be supplemented by the corresponding Vehicle Rental Offer and the Vehicle Reservation, which shall be considered as specific conditions that complete the General Rental Conditions.
“Authorized Driver” refers to any driver named in the rental agreement who meets the necessary requirements to drive the rented vehicle.
“Contract” refers to the set of all terms and conditions that regulate and govern the rental of a Vehicle. The Contract shall be understood to consist of the following elements:
“Account” refers to each Renter’s personal interface on the Platform, accessible after providing their username and password.
“Brand” refers to the entity that grants the Lessor the right to make its Offer available to Customers through the Platform and to use the Lessor’s IT tools.
“Offer” refers to a rental proposal made by the Lessor in response to a rental request submitted by the Renter through the Platform. The Offer includes the vehicle, the pick-up and drop-off locations, the rental dates and times, the mileage, the prices, and any additional options selected by the Customer. All Offers are subject to these Terms and Conditions.
“Party(ies) ” refers individually or collectively to the Lessor and the Renter.
“Platform” refers to the platform accessible at www.bookcar.es/alquiler-de-coches via the corresponding mobile application or through the IT solutions available at points of sale.
“Payment Service Provider ” or “ PSP ” refers to the third party responsible for managing the payment gateway for the proper payment of the Reservation. Specifically, the third-party provider of this service will be Stripe Payments Europe, Limited, VAT Number IE 32064488LH.
“Reservation ” refers to the Renter’s acceptance of an Offer.
“User ” refers to any natural or legal person who accesses and/or browses the Platform.
“Vehicle ” refers to the vehicle whose rental conditions are subject to these Terms and Conditions. The Vehicle is described in the Offer.
Vehicle rental is governed by the Contract, which consists of the following documents:
These General Terms and Conditions;
The Offer; and
The Reservation made by the Customer.
These General Terms and Conditions define the terms and conditions under which the Lessee rents a Vehicle from the Lessor.
They are supplemented by the Offer and Reservation made by the Customer.
4.1 Initial Period
The rental period will be specified in the Contract and may not exceed twenty-eight (28) days, starting from the date the Lessee takes possession of the Vehicle. If the use of the Vehicle exceeds twenty-eight (28) days, several successive Contracts must be signed with the Lessee. In the event that one or more successive and continuous Contracts are executed, the Lessee must always present the Vehicle to the Lessor so that its good condition can be verified.
4.2 Renewal
The Lessee who wishes to extend the duration of the Vehicle Rental, or who is unable to return the Vehicle at the agreed time and/or day for any reason, must contact the Lessor without delay, so that both Parties can agree to the renewal of the Contract.
If the Vehicle is available for the new period requested, a new Contract will be made between the Parties (or an extension thereof, in the case of a Contract whose duration is less than twenty-eight (28) days), in accordance with the General Terms and Conditions in force at the time of the signing of the new Contract.
The new Contract will come into effect after the Tenant has correctly made the payment of the amount agreed in the new Contract.
If the Vehicle is not available for the new requested period, the Renter agrees to return the Vehicle at the place, date, and time initially agreed upon, and in accordance with the conditions set forth in these Terms and Conditions. If other Vehicles are available, the Renter may make another Reservation.
The Renter acknowledges that, in the event of no response from the Lessor, this will not constitute tacit acceptance of the request submitted by the Renter.
Any additional kilometers driven by the Renter during each completed Rental Agreement must be paid for by the Renter, even if a new Agreement is signed for the same Vehicle.
If the Lessee fails to return the Vehicle in the condition, place, or time stipulated in the Contract and has not agreed to an extension with the Lessor, the Lessee shall pay compensation for each day of delay, equal to the Maximum Daily Rate (see Annex 2). The Lessor may deduct this compensation from the amount retained from the Lessee as a security deposit.
The Lessee acknowledges that failure to return the Vehicle as agreed in the Contract may imply the Lessor exercising all actions that may correspond to it under the law to defend its interests and be compensated for the damages caused.
Users wishing to rent a vehicle may proceed in one of the following ways:
A. Make the reservation on the platform www.bookcar.es/alquiler-de-coches or on the corresponding mobile application:
1. Vehicle Search:
– Indicate the location for collecting the chosen vehicle.
– Indicate the departure and return date and time.
– The User will select the vehicle they wish to rent from the list of available Vehicles.
2. Next, the user must:
Provide the information requested by the Lessor to manage the reservation.
Carefully review the vehicle’s features and, if applicable, select any additional options and/or equipment you wish to add.
Verify all the information contained in the offer.
Confirm and accept compliance with all the conditions stipulated by the Lessor.
Confirm the reservation by clicking on the designated tab.
Proceed with the reservation payment.
Once the Reservation is validated, the Platform will send the Renter a Reservation confirmation by email to the address indicated in the Vehicle rental process.
B. Making a Physical Reservation with the Lessor:
– Indicate the pick-up location for the chosen vehicle.
– Indicate the departure and return dates and times.
– Receive quotes for the different offers that meet the above criteria.
– Choose one of the rental offers immediately, or after reviewing the different quotes.
– Provide your personal information to the Lessor and proceed with payment, if applicable.
– Receive a reservation confirmation by email.
Before the effective start of the Rental, the Tenant, through their Account on the Platform or in person, will send the Landlord a copy of the following documents requested in the Offer:
– A double-sided copy of the Tenant’s driver’s license and another identity document, both valid and clearly legible, including all numbers and letters.
– Any other document requested in the Contract.
The Lessee agrees to upload all required documents to the Platform in a legible format as soon as possible and, at the latest, upon taking possession of the Vehicle.
The Tenant guarantees that the documents are true and original, are up-to-date, and will not expire during the term of the Reservation or the Rental. The Tenant also agrees to promptly inform the Landlord of any changes in the validity of these documents.
The Renter is informed that the Lessor may cancel the Reservation if the requested documents are incomplete, illegible, or contravene any applicable regulations at the time scheduled for taking possession of the Vehicle, without this cancellation compromising the payment of the Reservation or opening any right to compensation for the Renter.
7.1 Lessee
Without prejudice to the requirements indicated in the Vehicle Offer, the validity of the General Terms and Conditions will be subject to the Lessee meeting at least the following conditions:
– To hold a valid driving licence in Spain, and to have obtained it more than:
One (1) years for vehicle categories:
MCMR, MCAR, MCAH, MCAE, MDMR, MDAR, MDAH, MDAE, MTMR, MTAR, MTAH, MTAE,NCMR, NCAR, NCAH, NCAE, NDMR, NDAR, NDAH, NDAE, NTMR, NTAR, NTAH, NTAE,ECMR, ECAR, ECAH, ECAE, EDMR, EDAR, EDAH, EDAE, ETMR, ETAR, ETAH, ETAE,HBMR, HBAR, HBAH, HBAE, HDMR, HDAR, HDAH, HDAE, HTMR, HTAR, HTAH, HTAE, CCMR, CCAR, CCAH, CCAE, CDMR, CDAR, CDAH, CDAE, CMMR, CMAR, CMAH, CMAE, CGMR, CGAR, CGAH, CGAE, CWMR, CWAR, CWAH, CWAE, CFMR, CFAR, CFAH, CFAE, CTMR, CTAR, CTAH, CTAE,DCMR, DCAR, DCAH, DCAE, DDMR, DDAR, DDAH, DDAE, DMMR, DMAR, DMAH, DMAE, DGMR, DGAR, DGAH, DGAE, DWMR, DWAR, DWAH, DWAE, DFMR, DFAR, DFAH, DFAE, DTMR, DTAR, DTAH, DTAE,ICMR, ICAR, ICAH, ICAE, IDMR, IDAR, IDAH, IDAE, IMMR, IMAR, IMAH, IMAE, IFMR, IFAR, IFAH, IFAE, IVMR, IVAR, IVAH, IVAE, ITMR, ITAR, ITAH, ITAE,JCMR, JCAR, JCAH, JCAE, JDMR, JDAR, JDAH, JDAE, JMMR, JMAR, JMAH, JMAE, JFMR, JFAR, JFAH, JFAE, JVMR, JVAR, JVAH, JVAE, JTMR, JTAR, JTAH, JTAE,A, AE, AF, AFE, AC, ACE.
Five years (5) years for vehicle categories:
SCMR, SCAR, SCAH, SCAE, SDMR, SDAR, SDAH, SDAE, SPMR, SPAR, SPAH, SPAE, SGMR, SGAR, SGAH, SGAE, SFMR, SFAR, SFAH, SFAE, SWMR, SWAR, SWAH, SWAE, STMR, STAR, STAH, STAE,RCMR, RCAR, RCAH, RCAE, RDMR, RDAR, RDAH, RDAE, RPMR, RPAR, RPAH, RPAE, RGMR, RGAR, RGAH, RGAE, RFMR, RFAR, RFAH, RFAE, RWMR, RWAR, RWAH, RWAE, RTMR, RTAR, RTAH, RTAE, FCMR, FCAR, FCAH, FCAE, FDMR, FDAR, FDAH, FDAE, FPMR, FPAR, FPAH, FPAE, FFMR, FFAR, FFAH, FFAE, FVMR, FVAR, FVAH, FVAE, FTMR, FTAR, FTAH, FTAE,GCMR, GCAR, GCAH, GCAE, GDMR, GDAR, GDAH, GDAE, GPMR, GPAR, GPAH, GPAE, GFMR, GFAR, GFAH, GFAE, GVMR, GVAR, GVAH, GVAE, GTMR, GTAR, GTAH, GTAE,PCMR, PCAR, PCAH, PCAE, PDMR, PDAR, PDAH, PDAE, PPMR, PPAR, PPAH, PPAE, PFMR, PFAR, PFAH, PFAE, PVMR, PVAR, PVAH, PVAE, PTMR, PTAR, PTAH, PTAE,UCMR, UCAR, UCAH, UCAE, UDMR, UDAR, UDAH, UDAE, UPMR, UPAR, UPAH, UPAE, UFMR, UFAR, UFAH, UFAE, UVMR, UVAR, UVAH, UVAE, UTMR, UTAR, UTAH, UTAE,LCMR, LCAR, LCAH, LCAE, LDMR, LDAR, LDAH, LDAE, LFMR, LFAR, LFAH, LFAE, LTMR, LTAR, LTAH, LTAE,WCMR, WCAR, WCAH, WCAE, WDMR, WDAR, WDAH, WDAE, WFMR, WFAR, WFAH, WFAE, WTMR, WTAR, WTAH, WTAE,X, PF, PFE, PC, PCE,S, SE, SF, SFE, SC, SCE,W, WH, WHC, WB, WBC, WP, WPC, WX.
In both cases, these requirements must have been met before the day of taking possession of the Vehicle.
Be over twenty-one (21) years old.
Have a valid driver’s license for the territory in which you intend to use the vehicle rental.
In particular, not having been subject to annulment or suspension of the driving license or being involved in a sanctioning procedure in relation to (i) accidents or damages to third parties for which he/she was responsible, (ii) negligent, reckless or dangerous driving, (iii) driving under the influence of alcohol or other narcotics or (iv) any other infringement of the Traffic Code or the legislation applicable to the effect.
The Lessor reserves the right not to grant the Vehicle Rental if the Lessee or the additional Driver cannot prove in due time and form that the driving license is valid and will be valid during the Rental period.
Have a payment card in your name or in the name of the legal entity you represent in accordance with applicable legislation.
Submit the requested security deposit.
Under no circumstances may a single Renter rent more than one Vehicle at the same time, except if it is a company and has not had any prior issues with the Lessor, or if the Lessor deems it necessary to impose a limitation. Examples of issues include: non-payment, problems returning the vehicle, etc.
7.2 Validity of the Driving License.
A driving license issued in accordance with current Spanish legislation will be considered valid.
If the driving license was issued by the Public Administrations of a country within the European Economic Area (European Union, Iceland, Liechtenstein, Norway), the license will be considered valid without the need to provide additional documentation.
If the license was issued in a version not supported by the Platform, its validity cannot be verified through the Platform. In this case, the Lessor’s customer service will contact the Client to carry out this verification within 48 hours of the Booking and will subsequently notify the Lessee of the decision regarding the acceptance of the document within a maximum of 48 hours.
If the driving license was issued by a country outside the European Economic Area, the Lessee must verify the validity of the document by sending a photograph of each of the following documents by email to clientes@bookcar.es:
A valid driver’s license.
Or an official translation of said driver’s license or a valid international driving permit.
The Client must send these documents, at least, within forty-eight (48) hours before taking possession of the Vehicle.
If the Renter holds a driving license issued outside the European Economic Area and has student status, they must provide the Lessor with valid proof of residence no later than the day of vehicle collection.
If the Renter holds a driving license issued outside the European Economic Area and does not have student status, they must still provide the Lessor with valid proof of residence no later than the day of vehicle collection, demonstrating that they have lived in Spain for less than twelve (12) months.
8.1 Taking possession
Both at the time specified in the Reservation for taking possession of the Vehicle and at the time of its return, both Parties or their representatives will carry out a check to verify the vehicle’s condition before and after each rental. The checklist for this verification will be available in the Account. Unless otherwise stated in the Rental Offer or agreed upon in writing at the time of formalizing the Contract, it is the Renter’s responsibility to carry out the relevant verification, in accordance with the instructions available on the Platform.
The verification process will be completed with photos of the vehicle’s interior and exterior. The Renter is asked to adhere to the minimum number of photos, ensuring they are clear and show the vehicle’s interior and exterior in detail. These photos must be taken and submitted through the Platform.
Any damage the Vehicle may suffer in an area where the verification photo is blurry, non-existent, or too far away will be the responsibility of the Renter.
Likewise, the Lessee must check all the accessories and tools of the Vehicle to verify their operation and detect any deficiencies, which must be communicated to the Lessor.
If the Renter does not carry out the vehicle condition check at the time of taking possession (except in cases of force majeure), the Renter agrees that the applicable vehicle condition check will be the one carried out the last time the vehicle was rented or used by the Renter, or the one carried out by the Lessor or a Lessor representative before renting the vehicle to the Renter. In that case, the Renter will be charged according to the scale shown in Annex 1.
The Parties agree that the photographs taken and exchanged under the aforementioned conditions through the Platform constitute proof of the Vehicle’s condition at the time of its delivery by the Lessor to the Lessee. Therefore, blurry, out-of-focus, or otherwise unsuitable images that could lead to conflicting interpretations are excluded.
8.2 Use and maintenance
The Lessee guarantees that only the holders of the driving licenses presented and verified by the Lessor will drive the Vehicle and make reasonable use of it, respecting the regulations and laws in force or any that may be applicable in the future, as well as these General Terms and Conditions.
In particular, the Lessee agrees to use the Vehicle in accordance with the applicable Highway Code at any given time and in any given territory, paying any tolls or specific road charges in the territory where the Vehicle is used, and avoiding reckless driving. This also includes compliance with all specific regulations that may affect the transport of persons with special needs (e.g., minors).
Likewise, the Renter and the Authorized Drivers agree to safeguard the keys to the Vehicle, to use the anti-theft device and to lock the Vehicle carrying the circulation permits.
Only the Lessee and any additional drivers authorized in accordance with clause 7.3 may drive the Vehicle during the term of the Rental Agreement.
Failure to comply with one or more of the above obligations will automatically make the Renter fully responsible for any damage that may be suffered by the rented Vehicle, the vehicle of third parties or any other person or thing.
The Renter and any additional drivers authorized under Clause 7.3 acknowledge that the insurance policy only covers the use of the Vehicle in the countries covered by the policy and that driving the Vehicle in any country not listed is prohibited and excluded from coverage.
The Vehicle’s operating area is limited to Spain and the following countries: Austria, Andorra, Belgium, Switzerland, Cyprus, Czech Republic, Germany, Denmark, France, Estonia, Finland, United Kingdom of Great Britain and Northern Ireland, Greece, Hungary, Croatia, Italy, Iceland, Luxembourg, Lithuania, Latvia, Malta, Morocco, Moldova, Norway, Netherlands, Portugal, Poland, Romania, Sweden, Serbia, Slovakia, Slovenia, and Ukraine. If the Green Card for the rented vehicle does not list any of the aforementioned countries as covered by the policy, that country will prevail.
The Renter agrees to use the vehicle as if it were their own and to carry out all actions deemed necessary for its proper maintenance during the rental period. In particular, they must regularly check the levels of the fluids necessary for the vehicle’s proper functioning.
If, during the Rental period, any indicator of an anomaly or malfunction of the Vehicle illuminates on the instrument panel that could directly affect its safety and/or correct driving, or when external signs indicating breakdown or malfunction are detected, the Renter must contact the Lessor as soon as possible and stop the Vehicle.
In the event that the Vehicle requires repair during the Rental period, the Renter agrees to notify the Lessor immediately. The Renter acknowledges that any repairs carried out without the Lessor’s prior written consent, as well as any resulting damages, will be the sole responsibility of the Renter.
The Lessor recommends that the Client and all other Authorized Drivers pay attention to the vehicle’s dimensions and height limits (especially for commercial vehicles). Miscalculating the vehicle’s height limits in relation to road infrastructure, resulting in loss or damage to the vehicle, may lead to the exclusion of some optional insurance coverages.
Even if the Customer has taken out insurance with one or more optional coverages, the customer or authorized driver may be liable for direct and indirect damages, costs and legal expenses arising from any use of the vehicle contrary to this clause.
8.3 Return
The Renter and any additional drivers authorized under Clause 7.3 agree to personally return the Vehicle no later than the date, time, and location agreed upon at the time of booking. In the absence of a prior written agreement from the Lessor, the return of the Vehicle by a person not mentioned in these Terms and Conditions will result in the Renter being liable for a handling fee, the amount of which is specified in the fee schedule of these Terms and Conditions.
Unless otherwise agreed in writing by the Lessor, the delivery location must be the same as the collection location. Upon return of the Vehicle, unless otherwise indicated in the Booking or in emails received from the Platform, the Lessee will carry out the same inspection of the Vehicle as the inspection upon taking possession stipulated in Clause 8.1.
If the Renter does not carry out the inspection upon returning the Vehicle (except in cases of force majeure), they will be deemed to have accepted the inspection carried out by the Lessor or a person acting on their behalf. In the latter case, the Renter will be charged according to the scale shown in Annex 1.
Once the Lessor has carried out the verification, it will be available in the Account no later than forty-eight (48) hours after the return of the Vehicle.
The Lessee agrees to return the Vehicle in the condition verified during the inspection at the time of taking possession, accompanied by all its accessories (especially those relating to safety), on-board documents, instructions and operating manuals, which will be replaced at his expense in case of destruction, loss or theft, in addition to the payment of compensation for management expenses, which will be charged to his bank account and whose amount is indicated in the CGA, in the scale of expenses that appears as Annex 1.
In particular, the Lessee agrees that the Vehicle must be delivered with the same amount of fuel or electrical charge as shown in the inventory upon taking possession and with the same level of cleanliness.
In the event of a breach of these stipulations, the Lessor reserves the right to request from the Lessee the amount necessary to return the Vehicle to its original condition, including restocking the fuel level or charging the electrical system, as well as to charge the Lessee a fee for administrative expenses. All of this is in accordance with the schedule of expenses available in Annex 1 of the General Terms and Conditions.
8.4 Attendance
The vehicle has roadside assistance insurance in the following cases:
– Mechanical, electrical, or electronic
breakdown – Battery failure
– Accident
– Fuel error
– Lost keys
– Keys locked in the vehicle
– Flat tire
– Fuel failure
– Attempted theft, theft, vandalism, and fire
– Natural disaster that leaves the vehicle immobilized
– Theft of keys
In these cases, the Renter will call the assistance number that the Lessor will indicate at the time of delivery of the Vehicle.
The roadside assistance service will arrange and handle the repair on-site. The vehicle will be towed:
– If the incident occurred within 50 km of the rental agency: to the rental agency.
– If the incident occurred more than 50 km from the rental agency: to the nearest partner garage.
The assistance service will arrange for the Renter and their passengers to follow up on their trip in the following cases:
– If the incident occurs within 50 km of the departure rental agency: return by taxi to the agency to provide the Renter with another rental vehicle.
– If the incident occurs more than 50 km from the departure agency:
or A replacement vehicle of a similar category to the one initially contracted will be made available to the Lessee.
Or, if a rental vehicle is not immediately available: an alternative mobility solution will be provided to the Renter to enable them to reach the rental agency or the temporary destination:
Taxi, up to a limit of 100 km.
Train or plane failing that.
And/or a hotel night to wait for the rental agency to open.
The above benefits are not cumulative.
8.5 Specifics in case of 24/7 vehicle rental
Some vehicles can be rented, picked up, and returned at any time and day of the week without the renter needing to contact the lessor. These vehicles are specifically indicated on the platform.
To rent one of these vehicles, the Renter must complete the following steps on the Platform:
– Upload a photo of one of their identity documents.
– Upload a photo of their driver’s license.
– Upload a personal photo (selfie).
– Upload their bank details. Only the bank account holder can complete the rental.
These documents will be verified by the Lessor within an average of 2 hours on business days during business hours, and on the next business day if the booking is made outside of office hours. Upon completion of the verification, if all the submitted documentation is correct, the Renter will be informed that they can use the 24/7 rental service. Subsequently, the submitted documents will be saved in the Renter’s Account to prevent them from having to upload them again each time they rent a vehicle.
The Renter must then make a reservation for each Rental.
By uploading their driver’s license to the Platform, the Renter certifies that the document is valid and current. If this document is withdrawn or suspended, the Renter is strictly prohibited from renting a Vehicle.
In 24/7 rentals, it is possible to include additional drivers, provided the following rules are respected:
– The additional driver(s) must comply, on the Platform, with the same requirements mentioned above for the main driver and wait until they receive a notification allowing them to use the 24/7 rental.
– When making the reservation, the main driver must notify the call center by email or telephone of the identity of the additional drivers.
When making a reservation, the security deposit will be held on the renter’s card 72 hours before the rental start date and time. If the renter, for any reason, refuses to authorize the hold on the security deposit, they will be notified by email and invited to make the necessary arrangements with their bank or provide an alternative bank card.
Once the amount corresponding to the security deposit has been blocked in the Tenant’s bank account, the Tenant will be invited to download their virtual key.
On the date and time the rental reservation begins, the Renter must go to the Lessor’s parking lot and unlock the vehicle using their smartphone. They must then check the vehicle’s status using their smartphone. The vehicle keys will be inside.
At the end of the rental period, the Renter must return the vehicle on the date and time indicated and to the parking space where it was parked at the time of the rental. They must also check the vehicle’s status using their smartphone upon return. Then, they must leave the keys inside the vehicle and lock it using their smartphone. If they have difficulty locking the vehicle, they should contact the Lessor’s Customer Service.
If the vehicle is returned to a different location than where it was initially picked up, the Renter will be charged €1,500 as compensation for damages caused, without prejudice to any other legal action the Lessor may take to defend its rights.
In the hypothetical case that, upon returning the Vehicle, it is not possible to access the place where it was picked up, the Renter must call Customer Service for instructions on how to proceed with the delivery.
The Renter will be informed that the Lessor has 24/7 geolocation for the vehicles, and that, if necessary, they can remotely activate or deactivate the vehicle’s start, and lock or unlock the doors.
Any vehicle rented by the Lessor will be covered by mandatory third-party liability insurance, in accordance with current regulations.
The driver of a motor vehicle is responsible, by virtue of the risk created by driving, for damages caused to persons or property as a result of traffic. Likewise, every owner of a motor vehicle whose habitual parking location is in Spain is required to take out and maintain a valid insurance policy for each vehicle they own, covering, up to the limits of mandatory insurance, the civil liability of both the driver and the owner of the vehicle.
The Renter and authorized drivers, subject to compliance with the obligations arising from these General Terms and Conditions, will therefore be protected against the consequences of civil liability incurred for bodily injury or material damage caused to third parties (including passengers of the Vehicle) arising from the driving of the rented Vehicle involved, up to the legally established amount.
This mandatory insurance coverage does not extend to bodily injury or death that the driver of the rented vehicle may suffer. It also does not cover damage to the insured vehicle, damage to items transported in it, or damage to the property of the policyholder, the insured, the owner, or the driver, as well as that of their spouse or relatives up to the third degree of consanguinity or affinity.
Also excluded from this coverage are damages and losses:
1. Damage intentionally caused by the driver.
2. Damage covered by the Insurance Compensation Consortium (floods, earthquakes, etc.).
3. Damage caused by radioactive effects and other factors.
4. Damage caused while the driver is intoxicated or under the influence of drugs, toxins, or narcotics.
5. Damage caused while driving without a valid driver’s license.
6. Damage caused by a driver convicted of failure to render aid.
7. Damage caused during vehicle theft.
8. Damage caused during industrial or agricultural work.
9. Damage caused by failure to comply with the requirements for the transport of goods and people.
10. Damage caused by violating technical obligations for vehicle safety. 11.
Damage caused in restricted areas of ports or airports, during betting and racing, or when used for commercial purposes.
12. Damage repaired outside of Spain, unless authorized by the insurance company.
13. Damages incurred when the vehicle is abroad for more than 30 days.
14. Damages caused by force majeure or the conduct or negligence of the injured party.
In any of these circumstances, if the insurer is obliged to compensate the injured third party(ies) under the terms established in the applicable insurance policy, we or the insurer may claim from you part or all of the expenses you have incurred against the injured third party(ies) as a result of the traffic accident.
Warranty: Mandatory Civil Liability
Compensation: Guarantees and capital in accordance with current legislation.
10.1 Principle of Responsibility of the Customer and Authorized Drivers
The Renter and authorized drivers shall be liable for any loss or damage to the vehicle during the rental period. This liability shall include the cost of repairs determined by an expert or charged by the repair shop, the market value of the vehicle, and all other related expenses incurred in connection with the loss or damage to the rented vehicle during the rental period (specifically, towing fees, vehicle parking fees, expert fees, document processing fees, etc.), as well as cleaning costs in the event of excessive soiling of the vehicle.
The claim invoice will include repair costs or expenses listed in the experts’ report, the automotive expert’s fees, towing costs, impound fees, and the Lessor’s administrative costs for processing the paperwork.
The Lessee’s and Authorized Drivers’ liability may be limited in accordance with the conditions listed below.
10.2 Limitation of liability
The application of the Limitation of Liability will be subject to the Client’s compliance with these General Terms and Conditions.
Furthermore, the Tenant may reduce or eliminate their liability by taking out optional insurance guarantees, which the Landlord will make available to them.
10.2.1 Limitation of liability in case of theft, accident and fire
In case of theft, accident and fire, the liability of the Lessee or the authorized Driver with respect to material damage suffered by the vehicle and its accessories and equipment, will be limited to the sum indicated in Annex 1 of these General Terms and Conditions.
Tire damage will only be covered in cases of total loss of the vehicle, acts of vandalism, or collision with an identified vehicle, or with an unidentified object or vehicle provided that there is damage to the mechanics of the insured vehicle.
10.2.2 Causes of exclusion for the application of the Limitations of liability
The same damages and losses already excluded in condition no. 9 are excluded from these liability limits, and in addition the following:
– Regarding coverage for damage to the insured vehicle and fire:
1. Damage to the vehicle caused by transported objects.
2. Depreciation of the vehicle.
3. Damage to equipment beyond the limits established in Annex 1 of these General Terms and Conditions.
4. Damage to the vehicle on roads unsuitable for traffic.
5. Breakdowns caused by negligent use of the vehicle after an accident.
6. Engine seizure.
7. Damage to the vehicle during maritime or air transport.
– Regarding the coverage for theft of the insured vehicle:
1. Negligence on the part of the policyholder, insured, or those living with or dependent on them.
2. Theft committed by family members.
3. Damage to the vehicle’s equipment or accessories beyond the limits established in the Annex to these General Terms and Conditions.
11.1 General Obligations
In the event of any incident: accident, theft, attempted theft, fire, collision with a wild animal or any other damage suffered by the vehicle, the Client or any authorized Driver must take all useful measures to safeguard the interests of the Lessor and, if necessary, the insurance company, namely:
Notify the Lessor immediately or at the latest within twenty-four (24) hours after the occurrence or discovery of any of the aforementioned losses or damages;
notify, if necessary, the Security Forces;
complete the amicable accident declaration (the “Declaration”), which must be sent to the Lessor duly completed under penalty of losing the Insurer’s Limitation of Liability and Optional Guarantees, mentioned in Clause 10.
The Declaration prepared by the Landlord’s Claims Department, which must be sent to the Landlord as soon as possible, must include:
The circumstances, date, place, and time of the accident;
the name and address of any witnesses
, if necessary; the registration number of the third-party vehicle involved; the name and address of its owner; the name of the insurance company; and the policy number of the insurer.
An accident or theft of the vehicle does not automatically obligate the Lessor to provide the Lessee with a replacement vehicle.
11.2 Specific obligations in case of accident
In the event of an accident, the Client or authorized Driver must complete the report available in the vehicle, except in cases of force majeure.
If a report has been prepared by the Security Forces, these documents must be attached to the aforementioned Declaration.
The Client or the authorized Driver is not authorized to enter into any agreement or transaction on behalf of the Lessor or its Insurer.
11.3 Specific Obligations in Case of Theft
In the event of theft of the vehicle, it must be reported immediately to the competent authorities. The Client or authorized Driver must provide the Lessor with a copy of the official police report as soon as possible, under penalty of losing the benefit of the Limitations of Liability listed in Clause 10.
Furthermore, the original vehicle keys must be returned to the Lessor. In the event of theft or loss of the original keys, the Customer or the authorized Driver must immediately report the theft or loss to the Lessor and the relevant authorities. Failure to return the keys will result in the loss of the benefits of the Limitations of Liability and Optional Insurance Coverage listed in Clause 10. Moreover, in the absence of a report of theft or loss of the keys, the rental payments due from the Customer will continue to accrue.
Any damage found upon return of a vehicle will be assessed either by estimating the cost at the time of return or based on a repair invoice. The customer or authorized driver may request a counter-assessment at their own expense. This counter-assessment may only be based on the same information used for the initial assessment. Immobilizing the vehicle for this purpose is not permitted unless the customer or authorized driver agrees to cover the immobilization costs. These costs will be equivalent to the minimum rental price of the vehicle, according to the rate in effect during the period of immobilization.
To validly contest the calculation result, the Customer or the authorized Driver must inform the Renter, in writing and within 7 calendar days of receiving the calculation, of their intention to commission a counter-assessment. At that time, the Lessor will send the Renter the photos necessary to conduct a remote assessment.
Except against expert opinion, the parties will agree that the assessment of damages will be final and will expressly acknowledge that the assessment will be binding and will be used as a valid agreement between them, in the monetary equivalent of the damages.
The Renter expressly agrees to indemnify the Lessor for the monetary equivalent of any damage to the rented vehicle, up to the corresponding amount. Notwithstanding any
applicable limitations of liability or insurance, the Renter is liable to the Lessor for any damage, defect
, or any situation that may diminish the value of the Vehicle occurring during the Rental, as well as any losses arising from these situations.
13.1 Price
The price of each rental will vary depending on several factors, including the type of vehicle, location, date, and options selected by the renter. The rental amount will be shown in the offer for each vehicle and will be valid as stated in the online or in-person booking.
The final amount of each Reservation will constitute the total Rental price, which must be paid by the Renter at the start of the rental period (the total price will also include any coverage, additional equipment, accessories, or extras contracted by the Renter). The amount of each Reservation will be indicated inclusive of taxes.
The Tenant will be able to access the invoice from their Account at the end of the Rental period.
13.2 Additional expenses
In the event of a breach by the Tenant, the Landlord will deduct an amount from the security deposit. The amount of such compensation is indicated in the schedule of expenses in these Terms and Conditions.
13.3 Payment terms
The Renter is hereby informed that payment will be made exclusively online, by bank card, through the Payment Service Provider, unless otherwise expressly agreed between the Renter and the Landlord. The bank card must be in the Renter’s name, especially if the insurance benefit is conditional upon the use of this card.
Unless otherwise agreed in writing by the Landlord, in the case of a Reservation on behalf of a third party, the Tenant acknowledges being:
– The person making the vehicle reservation, who signs the contract.
– The holder of the requested documents and the bank card used for online payment.
The Lessee authorizes the Lessor to charge the selected bank card for all sums related to the performance of this Agreement, including any total expenses that may arise in the event of partial breach of these Terms and Conditions and any deductibles incurred by the Lessee in the event of a claim. The amount of these indemnities is indicated in the schedule of expenses attached to these Terms and Conditions.
13.4 Security Deposit
As a guarantee for the fulfillment of its obligations and with the objective of ensuring the correct execution of the Contract by the Lessee, a security deposit will be made from the card held by the Lessee, at least seventy-two (72) hours before the date of taking possession of the Vehicle and, at the latest, at the time of collecting it.
The security deposit amount may vary depending on the vehicle category and will remain blocked in the renter’s bank account for the duration of the rental agreement. The renter must have sufficient funds in their bank account and be able to cover the charges arising from the rental agreement.
If the Renter’s bank denies the security deposit, the Platform will notify the Renter by email so they can manage and verify the denial. The Renter can then make a new security deposit using the same card or a different one, provided they are the legitimate cardholder.
The Reservation will be automatically cancelled without refund due to the Renter’s fault, if none of the different attempts to block the security deposit have been successful at least in the twenty-four (24) hours preceding the taking of possession of the Vehicle (the Rental).
The Tenant acknowledges and accepts that their card may be charged for administrative fees. The amount of these fees is indicated in Annex 1 of the Schedule of Fees in these General Terms and Conditions.
The security deposit will cover, up to its amount, repairs to the Vehicle and its accessories, penalties, expert appraisal costs, the insurer’s deductible, documentation costs and any other sum in compensation for damages that the Lessee may have caused, voluntarily or involuntarily, to the Vehicle, to a third party or to the Lessor.
However, the security deposit does not release the Tenant from having to pay any amounts that may exceed the total amount of the security deposit, which may be claimed from the Tenant by the Landlord in accordance with the applicable legislation.
If the Lessee contracts with the Lessor as a Consumer, in accordance with the provisions of the General Law for the Defense of Consumers and Users, it is noted that the right of withdrawal will not apply to the supply of vehicle rental services with specific execution periods as established in article 103 of the General Law for the Defense of Consumers and Users.
Therefore, for any cancellation of the Contract by the Tenant:
More than forty-eight (48) hours before the date of taking possession of the Vehicle, the Lessor will reimburse the Lessee one hundred percent (100%) of the Reservation amount.
Less than forty-eight (48) hours before the date stipulated in the Contract for taking possession of the Vehicle, the Lessor will not refund the Lessee the amount of the Reservation.
If the customer does not take possession of the vehicle within 12 hours of the departure time, as agreed in the terms of the Contract, the Contract will be considered cancelled by the Renter, and the Dealer will not refund the Renter the corresponding rental amount. As a result, the vehicle will be made available for rent again, and the Dealer will have the right to rent it to another customer.
These refund conditions will extend to any other reason for cancellation of the Contract due to a sufficiently serious fault of the Lessee (failure to present the documents within the established deadlines, inability to block the amount of the deposit, etc.).
In the event of unavailability of the Vehicle specifically reserved by the Lessee, the Lessor undertakes to inform the Lessee and offer another Vehicle of similar or higher category depending on the availability of Vehicles on the Platform, for the dates and duration of the Contract.
The Lessee agrees to be held responsible, without limitation, for all infringements or violations of any legislative provision committed during the term of the Contract and the Rental, specifically will be responsible for any violations of the Traffic Code committed with the Vehicle during the duration of the Contract.
The Tenant shall indemnify and hold harmless the Landlord from any penalties, fines, fees, surcharges, and in general costs or charges, including attorney’s fees if applicable, of any kind that may be imposed on or borne by the Tenant for any violations ultimately committed by the Tenant.
The Lessee agrees to report all violations of legal or regulatory provisions that may have been committed while the Vehicle was in their possession during the term of this Agreement. The Lessee will be informed that the Lessor, or a third party appointed by the Lessor, will take all necessary steps to ensure that the Lessee, who had custody of the Vehicle at the time of the violation, assumes responsibility for their actions.
In particular, if it is not possible to identify the specific Driver who had the Vehicle at that time, the Renter will in any case be responsible for the payment of the fine or penalty committed during the Rental period.
For traffic violations committed by the Lessee with the Vehicle during the term of the Contract, the Lessor will systematically charge an amount, concerning the expense for managing said violation, to the Lessee’s bank account, the amount of which will be indicated in the scale of expenses Annex 1 to the General Terms and Conditions.
The personal data of the Renter and any authorized Drivers will be collected and processed by the Lessor for the purpose of managing, executing, and ultimately providing the services covered by the Rental Agreement. Therefore, the legal basis for processing the personal data of the Renter or any authorized Driver will be the execution of the aforementioned Rental Agreement.
If the necessary data is not provided to the Lessor, the Lessor may choose not to enter into the Rental Agreement with the Renter.
Likewise, in 24/7 Vehicle Rental services, the Renter is informed that there is a geolocation system for the 24/7 vehicles, and that, if necessary, if the Renter uses the Vehicle in a manner inconsistent with the Rental Agreement, the Lessor may activate said system, as well as remotely activate or deactivate the Vehicle’s start and lock or unlock the doors.
Furthermore, also for the better development and execution of the Rental Agreement, in those Vehicles equipped with a telematics unit, the following will occur: (i) the automatic transmission of data relating to kilometers per route and fuel level in order to verify the conditions of the vehicle at the time of delivery and return and (ii) the transmission of an impact detection warning with the aim of being able to act more effectively in verifying the condition of the Vehicle upon its return.
Your personal data may be shared with third-party entities necessary to verify your identity or the validity of your driver’s license. However, when necessary for the handling of traffic violations or any other applicable legislation that may have been infringed during the Rental Agreement, your personal data may be shared with the necessary third-party entities, law enforcement agencies, or courts.
Finally, your personal data may be processed by certain service providers of the Lessor involved in the management or execution of the Rental Agreement, such as call center and customer service providers or providers of the Platform management through which you carry out the contracting and management of the Vehicle rental.
The Lessee and any authorized Drivers, in their capacity as interested parties, may exercise their rights of access, rectification, erasure, limitation of processing, portability and, if applicable, also the right to object to the processing of their personal data.
The Renter and any authorized Drivers may exercise these rights simply by requesting it from the Lessor, whose details are included in the Rental Offer.
In certain circumstances, the Lessor, or its representative, may transfer the Lessee’s or Authorized Driver’s personal data to recipients located in countries outside the European Economic Area (EEA) for the provision of services. The transferred data will be protected using the data transfer mechanisms established by current data protection regulations. The retention period for the collected personal data will be determined based on the following criteria:
– The data will be stored for the time necessary for the management and execution of the Rental Agreement, in accordance with the regulations, while the Landlord maintains a business relationship with the Tenant.
– Subsequently, the personal data will be blocked for the applicable limitation period to comply with the legal or regulatory obligations to which the Tenant may be subject, as well as to address any potential liabilities arising from its processing.
– Finally, the data will be anonymized or deleted.
You have the right to file a complaint with the Spanish Data Protection Agency through its website www.aepd.es
Should any clause of these General Terms and Conditions be declared invalid, it shall be removed or replaced. In any case, such a declaration of invalidity shall not affect the validity of the remaining provisions of these General Terms and Conditions.
FEES (maximum recommended prices including VAT):
If the vehicle is returned in an abnormally dirty condition, the following cleaning charges will apply:
– Level 1 wash (interior wash) = €30
– Level 2 wash (deep interior and exterior wash) = €90
Additional driver = Included in the contract, with a limit of 3. €9/day will be charged for each extra driver when the number of drivers exceeds 3.
Young driver: charge of €15/day for drivers aged between 21 and 24 years (both inclusive), with a maximum of €150.00.
Administration fees for traffic and parking violations: €25.
Administration fees for returns due to a person not mentioned in the Terms and Conditions: €150.00.
Administration fees for cancellation of reservation due to insufficient deposit: €100.00.
Fee for not respecting the smoking ban: €100.00
Fuel supply management fees: €26 + Fuel prices published by the Spanish Government on its website: https://sedeaplicaciones.minetur.gob.es/shpcarburantes/
Electric vehicle charging management fee: €10 + kWh price. AC kWh price: €0.46. DC kWh price: €0.55.
Loss of parking entry and exit ticket = €200
Failure to carry out the inspection, or its non-compliance / Failure to report the inspection within 24 hours: €750
Late return (more than 60 minutes): Extra day charge according to current rate. No-show fee: €55
In the event of theft, accident, or fire, the liability of the Renter or the authorized Driver for material damage to the vehicle and its accessories and equipment will be limited to the amount of the vehicle’s deductible. Deductible amounts vary depending on the rented model; see Appendix II.
APPENDIX 2: Amounts of liability limitations. Driving license age requirements for rental. Maximum daily rate.
SPECIAL CONDITIONS:
Rate applicable in Spain: Mainland.
Includes 350 km per rental day and 2,500 km per month. See excess mileage charge.
Maximum rental deposit: €750 for passenger cars and €1,200 for commercial vehicles.
Partial liability waiver for damage to the vehicle in case of an accident (CDW), partial liability waiver for total or partial theft of the vehicle and damage caused by acts of vandalism (THW).
Includes VAT/IGIC.
Rate valid except in case of error and/or omission.
Excess mileage: €0.15 for small passenger car, €0.17 for medium passenger car, €0.18 for SUV, €0.27 for small commercial vehicle, €0.35 for large commercial vehicle, €0.25 for small premium vehicle, €0.30 for premium SUV.
The controller of your personal data and owner of the website https://bookcar.es is FLEXIBLE BOOKCAR, SL, a commercial company with registered office at c/ Acer 42 08915-Badalona (Barcelona) and holder of CIF number B09899196 and registered in the Commercial Registry of Barcelona, in volume 48246, Folio 45, Sheet B-577294, Entry 1 (hereinafter BOOKCAR)
FLEXIBLE BOOKCAR, SL is part of a business group that also includes the following companies, which may act, where appropriate, as joint controllers:
AUTOMOCIÓ BADALONA CRC3, SL
COROCA MOTOR, SL
DRIVIM BARCELONA CR2, SL
Bookcar has taken the necessary technical and organizational measures to comply with data protection regulations.
Bookcar’s contact details regarding privacy and the protection of your personal data are:
+34- 91 999 4339