TERMS AND CONDITIONS OF USAGE
Travel Nexus Spain, SL with company reg nr B63110571 authorizes the usage of the vehicle (including any replacement vehicle) to you subject to this Usage Agreement, which incorporates these terms and conditions and the information and conditions contained on the Usage Record that you have signed and on the Usage Authorization Form. In making this Usage you accept the terms of the Usage Agreement and confirm that you will strictly comply with them.
1. NATURE OF THIS AGREEMENT
The rights and obligations contained in this Usage Agreement govern your use of our vehicle and are not transferable by you. You acknowledge that the vehicle is owned by us and that any attempted transfer or sub rent of the vehicle by anyone other than us is void. We permit you to use the vehicle on the terms and conditions of this Usage Agreement only.
2. WHO MAY DRIVE THE VEHICLE
2.1. The vehicle must only be driven by you or any other person who has first been authorized by us and added to the Usage Record and you agree that you will not allow anyone to drive the vehicle, including yourself:
2.1.1. Who does not fulfill our minimum requirements regarding age and possession of a valid driving license as indicated or otherwise notified by us; or
2.1.2. Who is over-tired or under the influence of alcohol, drugs, medication or any other legal or illegal substance impairing their consciousness or ability to react.
3. PICK-UP, DELIVERY AND RETURN
3.1. We will supply the vehicle to you in good overall and operating condition, complete with all necessary documents, parts and accessories.
3.2. You agree to return the vehicle to us in the same condition as you received it, subject to fair wear and tear, with the same documents, parts and accessories, at the location and on the date and time designated in this Usage Agreement.
3.3. You and we will check the condition of the vehicle at the start of the Usage and on return of the vehicle. A Travel Nexus Spain representative will provide a record showing any agreed defects. You acknowledge that you will be responsible for any loss or damage to the vehicle, its documents, parts or accessories arising during the Usage.
3.4. The vehicle must be returned to the agreed Travel Nexus Spain location within the normal opening hours of the location concerned. If you return the vehicle outside of these hours you must comply with the out of hours return instructions for that location, in which case you will remain fully responsible for the vehicle until the location re-opens. If you fail to comply with these instructions, you will remain responsible for the vehicle until we are able to access it.
3.5. If at any time we have agreed that you may return the vehicle to a place other than a Travel Nexus Spain location, or if we have agreed to collect it, you will remain fully responsible for the vehicle until it is collected by us.
3.6. If you fail to return the vehicle to the agreed return or collection point at or before the vehicle return time stated on the Usage Record, you are obligated to advise us immediately. Until we have notified you, you are not allowed to drive the vehicle.
3.7. You agree that we are entitled to charge you a reasonable additional cost if the vehicle requires more than our standard cleaning on its return to restore it to its pre-Usage condition allowing for fair war and tear.
4. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
4.1. Subject only to any deductions arising from your acceptance of any of the options specified at paragraph
4.1.2. You will be liable to us for all reasonable losses and costs incurred by us in the event of loss, damage to or theft of the vehicle, its parts or accessories while on Usage. Your liability may include the cost of repairs, loss in value of the vehicle, loss of Usage income, towing and storage charges and an administration charge, which recovers our costs for handling any claim arising from damage caused to the vehicle unless responsibility for the damage lies with us or has been determined by a third party or their insurers to lie with the third party. If damaged, we will endeavor to repair the vehicle as soon as possible. You will not be liable to us for any charge or excess if the loss or damage is directly due to our negligence or breach of this Usage Agreement.
4.2. Provided you comply with all the terms of this Usage Agreement and provided the loss, damage or theft is not caused intentionally, or by the gross negligence of you or an authorized driver, or by any unauthorized driver, your liability may be limited as follows:
4.2.1. The vehicle's insurance includes Theft Protection (TP) and Collision Damage Waiver (CDW). Your liability for loss of or damage to the vehicle, its parts or accessories as a result of theft, attempted theft or vandalism is limited to the non-waivable excess stated on the Usage Record;
4.2.2. If you accept the optional Super Cover (SC) or ביטול השתתפות עצמית by paying the daily charge of 30€ per day, your liability for the excess in relation to CDW and / or TP will be eliminated.
4.3. You are fully responsible for damage caused by failure to assess the height of the vehicle and striking overhead or overhanging objects. This responsibility is not excluded by any waiver.
5. PROHIBITED USE OF THE VEHICLE
5.1. You are authorized to drive the vehicle on the conditions contained in this paragraph 5 and paragraph 2 above including, at all times, to use the vehicle in a responsible manner. If you do not comply with these conditions, you will be liable to us for any liability or reasonable loss incurred by us or any damages or seasonable expenses we suffer or incur as a result of your breach. You may additionally lose the benefit of any waivers or insurance selected by you. We reserve the right to take back the vehicle at any time, and at your expense, if you are in breach of this Usage Agreement.
5.2. You must look after the vehicle, make sure it is locked, secure and parked in a safe place when not in use and set any use any security device provided. You must remove and keep in a safe place any removable radio and/or radio faceplate when the vehicle is unoccupied. You must use seat belts, child seats and other child restraints as appropriate.
5.3. You must use the correct fuel and check the oil and other fluid gauges beyond 1000 kms, refilling as necessary. If you experience any problem due to accident or mechanical failure, you must contact us on the number indicated on the Usage Wallet. No one may service or repair the vehicle without our prior express permission.
5.4. The Use of this vehicle is limited to the self-drive-guided tours provided by Travel Nexus Span, SL. You can not use the vehicle freely but are limited to following the guide's vehicle and his/her instructions. In any case, you must not use the vehicle or allow it to be used:
5.4.1. For sub-renting or to carry passengers or cargo for remuneration;
5.4.2. To tow or push any vehicle, trailer or other object (without the express permission of the accompanying guide);
5.4.3. Off road or on roads unsuitable for the vehicle;
5.4.4. When it is overloaded or when loads are not properly secured;
5.4.5. For carrying any object or any substance which, because of its condition or smell may harm the vehicle and/or delay our ability to rent the vehicle again;
5.4.6. To take part in any race, rally, test or other contest;
5.4.7. In contravention of any traffic or other regulations;
5.4.8. To drive or be driven in restricted areas including, but not limited to, airport runways, airport service roads and associated areas;
5.4.9. For driver training activity or in contravention of any of the driver requirements contained in paragraph 2 above.
5.5. Unless you have obtained our prior written consent, the vehicle may only be taken into the following countries: Andorra, Spain (not including the Spanish Enclaves of Ceuta and Melilla, nor the Balearic or Canary Islands)
6.1. There is no Usage charge for the basic 7 day package of the Pyrenees Tour as well as the compulsory third party insurance.
6.2. If applicable, surcharges will be changed in the following cases:
6.2.1. Young Driver Surcharge may apply if you or any additional driver is under 25 years old. Charge will be calculated as per 24€ Per Day (Day = 24 Hours) for the duration of the contract.
6.2.2. New Driver Surcharge may apply if you or any additional driver is under 25 years old and has a license for less than 3 calendar years. Charge will be calculated as per 28€ Per Day (Day = 24 Hours) for the duration of the contract.
6.3. Additional charges may arise from your use of the vehicle during the Usage, and may include loss of or damage to the vehicle, a refueling service charge, late return charge, additional driver charge, extra cleaning charge and any road tolls or fines or charges arising from traffic or parking offences during the Usage (including a reasonable administration charge in accordance with paragraph 13.2).
6.4. All charges are calculated in accordance with our current rates and subject to final calculation after the Usage.
7. CURRENCY CONVERSION CHARGE
All costs and charges are and will be made in EURO (€) only.
8. REFUELLING SERVICE CHARGE
8.1. The Usage vehicle will be supplied to you with a full tank of fuel. If you return the vehicle with less than a full tank of fuel, a refueling service charge will be payable by you for fuel and the service of refueling at the applicable rate specified on the Usage Agreement.
8.2. However, if you take the Fuel Purchase Option and purchase a full tank of fuel at the start of the Usage, there will be no refueling service charge on return of the vehicle (although you will not receive any credit for fuel remaining either). Instead, you will pay the amount indicated on the Usage Agreement for the fuel you purchase.
9. RESPONSIBILITY FOR PROPERTY
9.1. We are not liable to you or any authorized driver or passenger for loss of or damage to property left in the vehicle either during or after the period of Usage unless the loss or damage results from our negligence or breach of this Usage Agreement.
9.2. Personal Insurance is an optional extra protection and provides certain benefits for the driver and passengers in the vehicle with respect to accidental death, injury and medical expenses and theft of personal possessions during the Usage.
10. THIRD PARTY LIABILITY INSURANCE
10.1. We have a legal requirement to provide third party insurance coverage. This coverage is included in the Usage charge.
10.2. Our automobile liability policy meets all legal requirements and protects us, you and any authorized driver against legal claims from any other person for death or personal injury or damage to any other person's property caused when driving the vehicle.
10.3. In the event that any third party suffers death, personal injury or damage to property caused by driving the vehicle which involves a breach by you or any authorized driver of any of the terms and conditions of this Usage Agreement, you agree to reimburse us if we are obliged to compensate (i) the insurers for any payment they make to a third party on your behalf and/or (ii) any third party.
11. ACCIDENTS, THEFT AND VANDALISM
11.1. You must, where possible, report any traffic accident, loss, damage or theft involving the vehicle to the police immediately and to us within 24 hours of the incident or discovery of the incident.
11.2. You must not admit any liability, release any party from liability, settle any claim or accept any disclaimer in the event of an accident, but should take the names and addresses of everyone involved, including witnesses.
11.3. An accident or theft report (Available with the Guide) form must always be completed and the original submitted to us when you return the vehicle. In the event of theft, you must return the keys and any remote control anti-theft device to us. If you do not comply with the requirements of this paragraph 12, any optional coverage you take to reduce or eliminate your liability will be void.
11.4. You agree to co-operate with us and our insurers in any investigation or subsequent legal proceedings arising out of any loss of or damage to the vehicle.
12. LIMITS ON LIABILITY
12.1. Subject to paragraph 12.2, we shall not be liable to you or any third party for any loss or damage arising from the Usage other than as a result of our negligence or willful misconduct or any other breach by us of this Usage Agreement. We shall not be liable for any indirect or unforeseeable loss or damages, including loss or damages, including loss of profits or loss of opportunity.
12.2. Nothing in paragraph 12.1 shall exclude or restrict our liability for death or personal injury resulting from our acts or omissions or any other liability which cannot be excluded as a matter of law.
13. ROAD TOLLS, PARKING FINES AND TRAFFIC VIOLATIONS
13.1. You are fully responsible for all road tolls and any fines or other consequences of the violation of traffic regulations (including congestion charges), parking orders or prohibitions, or any other laws or regulations during the Usage.
13.2. If we are required to pay and/or process such road tolls, fines, charges or associated costs, you agree that we may charge you with the amount we are required to pay plus a reasonable administration charge for dealing with these matters.
13.3. We shall, upon request, supply you with a copy of any traffic violation notice which we receive.
14. PERSONAL DATA
14.1. By entering this Usage Agreement you consent to the computer storage and processing of your personal information by us in connection with this Usage Agreement for the purposes of our legitimate interests, including statistical analysis, credit control and protection of our assets. Accordingly, if you breach this Usage Agreement your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures or prevent damage to our assets.
If any provision of this Usage Agreement shall be held to be invalid, illegal or unenforceable (in whole or in part) under applicable law such provision or part shall to that extent be deemed not to form part of this Usage Agreement but the remainder for this Usage Agreement shall continue in full force and effect.
16. APPLICABLE LAW
We aim to resolve all disputes amicably. If this is not possible, the law of Spain will apply and you agree to submit to the non-exclusive jurisdiction of the courts of Barcelona.