GENERAL TERMS AND CONDITIONS OF JAGUAR AND LAND ROVER RENT PASSENGER VEHICLE RENTAL (FROM: 12/2019)

1. Parties and subject matter of the Agreement

1.1  The Agreement is made between the Lessee and the Lessor.

1.2  In line with the terms of the Agreement, the Lessor provides the Lessee with a no-smoking vehicle (hereinafter, the “vehicle”) in exchange for payment of a fee.

1.3  With the consent of the Lessee, the Lessor may withdraw the vehicle at any time and replace it with a similar vehicle, provided it meets the agreed vehicle specifications within the terms and conditions of the Agreement.

2. Vehicle handover, supply and default of acceptance on the part of the Lessee

2.1  The Lessor undertakes to hand over the vehicle to the Lessee at the agreed time and place without any technical defect that may impair roadworthiness. The Lessee agrees to take delivery of the vehicle at the agreed time and to check vehicle condition and equipment immediately. Should any damage or deficiency be discovered, these must be reported and recorded as soon possible.

2.2  The following provisions apply in the case of short-term rentals (up to 28 days). Cancellations must be made at least 24 hours prior to the start of the rental period. In the event of an early cancellation, the Lessee shall not pay any penalty for the cancellation. If this is not the case, the Lessee will be charged the basic daily rate in line with the tariffs listed at the time of cancellation, unless the vehicle can be otherwise rented. If the Lessee does not collect the vehicle within an hour of the agreed time, it shall be understood that they have cancelled the booking and shall therefore be charged the quoted rate. Any claim for other damages shall not be affected by charging this rate. The Lessee retains the right to prove lesser damages. If the Lessor can prove greater damages or the Lessee lesser damages or no damage, the amount of damages shall be increased or reduced accordingly. In either case, the amount of damages shall be increased if the Lessor can prove greater damages, or reduced if the Lessee can prove lesser damages or no damage.

2.3  In the case of long-term rentals (29 days or more), the Lessor reserves the right to impose a charge of at least one month’s rent should the Lessee cancel a pre-signed rental agreement.

2.4  The Lessee must provide the following documents upon collection of the vehicle:
    • a valid driving licence for the country in question and valid for the type of vehicle previously booked
    • a valid means of payment in the Lessee’s name
    • a national identity document or passport

Driving licences from non-EU states are accepted provided the customer is in possession of a visa that is valid at the time of the rental (excluding Switzerland). Non-EU citizens living in the EU for more than six months shall present an EU driving licence. All credit and debit cards issued by internationally recognised credit card companies (Visa, MasterCard, American Express) will be accepted as means of payment; prepaid cards of any kind are not accepted. The means of payment must be in the name of the Lessee. This must be presented and valid at the time of vehicle collection. The Lessor shall cancel the Agreement if the Lessee is unable to provide the documentation upon vehicle collection. In this case, the Lessee shall have no claim for compensation on the grounds of default.

3. Authorised drivers

3.1  Only the persons listed in the Rental Agreement as Lessee or driver with accurate and correct information, and who hold a valid driving licence in the rental country for the rented vehicle, are authorised to drive the vehicle.

3.2  The vehicle may also be driven by persons other than the Lessee with the explicit consent of the Lessor. The consent of the Lessor is deemed to apply to all other persons entered on the Rental Agreement with first name, family name and driving licence number. Insurance cover cannot be guaranteed without the agreement of the Lessor.

3.3  If the vehicle is to be driven by another person approved by the Lessor, the Lessor will demand an additional charge as set out in the version of the tariff price list valid at the time of rental.

3.4  All rights and obligations contained in the Agreement are valid for and in regard to the approved driver.

4. Vehicle use

4.1  The Lessee or authorised drivers undertake to use the car diligently and to respect traffic regulations at all times. Equally, 
they undertake to use the vehicle in accordance with its features and purpose; any use that entails damage or special risk is expressly prohibited. This includes using the vehicle in the following circumstances: off-road driving, driving instruction, driving practice, motor sports, use on race circuits including those authorised for test/practice drives by the general public (“tourist sessions”), any kind of racing, participation in road rallies, illegal road racing of any kind, commercial passenger transport, transportation of hazardous substances, subleasing, use by third parties not registered in the Rental Agreement in accordance with section 3, use of the vehicle to commit criminal acts and/or use of the vehicle as a weapon, drink-driving, driving under the influence of drugs, driving under the influence of medication and other intoxicating substances insofar as these impair the ability to drive, driving without a valid driver’s licence and towing other vehicles or trailers. Statutory provisions apply to similar violations of all kinds involving the vehicle.
The Lessee or authorised drivers undertake to scrupulously respect all regulations concerning traffic and road safety or any other applicable regulation on the understanding that the Lessor shall in no way be liable for their lack of compliance, therefore the Lessee or authorised driver undertakes to indemnify the Lessor for any kind of violation and the Lessee shall assume any cost, damage and/or harm caused by said violation.

4.2  The Lessee is responsible for all costs arising from
charges levied for the use of certain traffic routes (e.g. tolls) and shall perform all obligations to cooperate with respect to payment of charges.

4.3  All parts of the vehicle must be kept locked at all times when the vehicle is not in use; the steering-wheel lock must be engaged. Valuables should not be left visible in the vehicle. On leaving the vehicle, the Lessee or authorised driver shall remove all keys and vehicle documents, and keep them out of reach of unauthorised persons. The roof of a convertible vehicle must be closed.

4.4  The manufacturer’s instructions for use must also be observed with regard to the type of fuel required, and to the statutory provisions applicable with respect to use of the vehicle. The Lessee shall treat the rented car with care, paying special attention to the set guidelines in the manufacturer’s instructions manual, in addition to the driving rules, rules on observing the maximum revolutions and speed limits. The Lessee shall check oil, water and tyre pressures on a regular basis throughout the rental period.

4.5  The Lessee is not permitted to drive the vehicle in those countries prohibited by the Lessor either in general or for specific vehicle models. In principle, entry and exit is permitted only for the following countries: Andorra, Austria, Belgium, Denmark, Finland, France, Germany, Gibraltar, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Spain (peninsular), Sweden, Switzerland, Vatican City and United Kingdom.
Vehicles leased in an island state may only be used in that specific island state. It is forbidden to transport the vehicle by means of ferry.
The Lessor also reserves the right to prohibit entry into or passage through the aforementioned countries, either in general or on an individual basis.

4.6  The Lessee is also forbidden to bring the vehicle into or through countries that are not mentioned above.

4.7  It is also forbidden to transport the vehicle by any other
means to countries that are not mentioned above.

4.8  These restrictions do not apply if explicit written authorisation from the Lessor was granted by the Lessor prior to entry.

4.9  Should vehicle use contravene either the Rental Agreement (section 4.1) or entry regulations (section 4.5 ff), the Lessor shall be entitled to terminate the contract without notice. Furthermore, any breach of conditions concerning travel to foreign countries will result in all insurance and limitations of liability losing their validity, so that the Lessee shall be liable for any damage caused.

4.10  The Lessor shall also be entitled to restrict use of the vehicle and to recall it immediately should conduct constituting a breach of the Agreement be suspected or established.

5. InControl Services

The vehicles are connected and include services and apps that provide connectivity between the user and the vehicle. The InControl apps and services provided by Jaguar Land Rover are already activated before your use. The functions and terms and conditions of InControl can be viewed by clicking on the following link: www.jaguar.es/incontrol/index.html or www.landrover.es/ownership/incontrol/overview.html.

6. Damage (accident, theft, fire, breakdown, etc.); duty of disclosure, obligations

6.1  The Lessee or the authorised driver shall immediately notify the police if the vehicle sustains damage as a result of an accident, fire, theft, damage caused by wild animals or others, both in the rental country and abroad. If it is not possible to report the damage incident by phone; it should be reported at the nearest police station. This applies also in the event of minor damage to the vehicle and single-vehicle accidents with no third-party involvement.

6.2  The Lessee shall inform the Lessor without delay, and in all circumstances within 24 hours of the accident, of any mishap sustained by the vehicle (accident, breakdown, damage, theft, sanction, etc.). The Lessee must inform the Lessor in writing of all the details of the circumstances leading to the vehicle damage in the form of an incident report. The incident report must include the names and addresses of witnesses, those involved in the incident and the registration numbers of all vehicles involved. Police documentation and case numbers must be appended to the incident report when appropriate. Incident report forms are available from the Lessor.

6.3  The Lessee or driver must take all necessary measures to investigate the cause of the damage incident. Any questions posed by the Lessor in connection with the damage incident must be answered truthfully and comprehensively. The Lessee must not leave the scene of the damage incident until the necessary findings have been established, in particular, those required by the Lessor to evaluate the damage incident.

6.4  The damaged or broken-down vehicle shall only be abandoned if the incident site is adequately secured and protected against all further risk, in particular theft or secondary accident.

6.5  In the event of damage, the Lessee undertakes to bring the vehicle to a dealership, representative or garage approved by the Lessor. In all cases, the Lessor shall have the right to compensation payments relating to damage to the vehicle. If the Lessee is in receipt of such payments, he/she shall forward these to the Lessor. The Lessee is not entitled to assert the right to retain compensation payments for damage to the vehicle. The Lessee may not assert damage claims on account of damage to the vehicle against the liable party, driver, vehicle owner or civil liability insurer in the Lessee’s own name either directly or indirectly. This does not affect the rights of the Lessee or driver to make a claim for any injury to their person or any damage to their property.

6.6  In the event of accidents involving a vehicle driven by the Lessee, they shall not declare any assumption of liability or responsibility. Should, in spite of this, the Lessee make such a declaration of liability, it shall apply solely and directly to the Lessee. Neither the vehicle owner nor the insurer are bound by any such declaration.

6.7  The Lessee undertakes to provide information as to the precise location of the vehicle at any time as requested by the Lessor and to facilitate inspection of the vehicle.

6.8  Reimbursement of expenses for road traffic violations: The Lessee undertakes to pay any fine or administrative penalty regarding the vehicle or indemnifications that may arise from the use of the vehicle. In the event of possible road traffic violations committed during use of the vehicle by the Lessee or authorised driver, apart from the amount of the fine, the Lessor is entitled to levy a flat-rate reimbursement of costs. This flat rate is detailed in the tariff price list and shall be added to the costs incurred.

7. Public Liability Insurance

7.1  The rental price includes a motor vehicle liability insurance, with the minimum scope as is legally required in Spain in accordance with Royal Legislative Decree 8/2004, of 29 October (Ley sobre la responsabilidad civil y seguro en la circulación de vehículos a motor) [Law on civil liability and insurance in regard to driving motor vehicles]. If the Lessee is liable for an accident, they shall also be financially liable for the cost of third party damage up to the amount of the excess.

7.2  The precise terms and conditions of the insurance policy can be obtained from the Lessor.

8. The Lessee’s liability for damage to the rental vehicle

8.1  The Lessee is responsible for the safekeeping and maintenance of the vehicle, and is liable for any damages, losses (including vehicle accessories and parts), theft or destruction of the vehicle, provided that these risks, damages and losses are not covered or are excluded from fully comprehensive civil liability insurance and insurance taken out for passengers and specific damage to that vehicle that do not come under a single and careful safekeeping of the same while in use, and shall assume responsibility for any eventuality from the use of the vehicle and keep the Lessor indemnified for any legal and extrajudicial claim.

8.2  The Lessee is responsible both for the negligence of third parties left in charge of the vehicle and for the Lessee’s own negligence.

8.3  The Lessee is responsible for the consequences of road traffic violations or offences involving the rental vehicle, and is liable to the Lessor for any charges, costs and all damages incurred by the Lessor as a result of official measures and defence against them. The Lessor has the explicit right to provide the name of the Lessee or driver to any authorities that request them. See section 6.8.

9. Liability reduction

9.1  The Lessee is advised that the vehicle is not covered by fully
comprehensive insurance.

9.2  The Lessee can reduce their liability as set out above (section 8) by agreeing to a special liability reduction for certain vehicle damages by paying an additional fee with a specific excess per accident or loss. However, this liability reduction does not apply in the event of a violation of section 10. A contractual exemption from liability is equivalent to the concept of fully comprehensive insurance.

9.3  The level of the excess and the relevant additional fee for liability reduction is fixed by the Lessor on an individual basis in the Rental Agreement. Exemption from liability explicitly does not apply in the event of brake damage, operational or breakage damages (e.g. clutch damage, damage caused by refuelling with the incorrect fuel, etc.). Equally, liability reduction does not apply if the vehicle is misappropriated.

9.4  Lessee/driver liability shall not be excluded from traffic offences and criminal acts. The Lessee is liable without limitation for all road traffic violations, legal infringements and other statutory provisions, as well as for any interference with the vehicle caused by the Lessee or a third party left in charge of the vehicle by the Lessee, and is thus obliged to indemnify the Lessor. The Lessee shall indemnify the Lessor against all penalties and fines, charges and other costs claimed for such violations from the Lessor by the relevant authorities or other bodies.

9.5  For any damage incident, the Lessor is entitled to invoice the excess immediately, even when the question of liability is open or presumed to lie with the other road user. A claim for other damages is not affected. Invoicing the excess is not a surrender of the right to claim further compensation from the Lessee and does not constitute a declaration on the liability of an insurance policy or third party.

10. Applicability / removal of liability reduction

10.1  In the event of liability reduction, the Lessee and any driver also protected by the contractual liability reduction are liable for damages up to the agreed policy excess. Liability reduction does not apply to damage intentionally caused by the Lessee/driver. In the event of losses caused by gross negligence, the Lessor is entitled to reduce his obligation to provide exemption from liability commensurate to the severity of the negligence. In addition, liability reduction does not apply if the Lessee/driver deliberately breaches any of its obligations provided for in these general rental terms and conditions. In the event of a grossly negligent breach of duties, the Lessor is entitled to reduce his obligation to provide exemption from liability commensurate to the severity of the negligence.

10.2  Liability reduction does not cease if the breach of an obligation is not the cause of the damage/loss nor the ascertainment of the existence of previous requirements for granting a liability reduction. However, this does not apply where the obligation is violated maliciously.

10.3  The regulations on contractual liability reduction apply both to the Lessee and to the authorised driver, but only for the period of the Rental Agreement, and not for the benefit of any unauthorised user of the vehicle.

11. Return of vehicle

11.1  The Rental Agreement ends when the rental period expires. If the Lessee continues to use the vehicle after the agreed rental period has expired, the Rental Agreement is not deemed to have been extended.

11.2  The Lessee shall return the vehicle in the condition in which it was collected at the agreed place, on the agreed date and time, along with all the vehicle’s accessories, keys and documentation, and fully refuelled unless explicitly agreed to the contrary. The fuel receipt must be provided upon request. 

11.3  If the level of fuel at the time of return is not agreed, the Lessee shall bear the cost of additional fuel and the refuelling service in accordance with the price list in force. If the vehicle is delivered in a poorly cleaned condition, a cleaning charge shall be levied depending upon the conditions of the same, in accordance with the price list in force. Should special cleaning be required, an additional charge shall be levied for the days on which the vehicle is not available; this charge is equivalent to the rate in the current applicable scale of charges. If the vehicle is not returned along with all the keys or accessories, the Lessor shall invoice the Lessee for the amount to replace these items, in accordance with the price list in force.

11.4  Subject to any agreement to the contrary, the vehicle can only be returned during the Lessor’s hours of opening and only to the Lessor or their authorised employee.

11.5  If the vehicle is returned to the Lessor outside the hours of opening or at a location other than the one agreed, the risk of accidental deterioration is not transferred to the Lessor until the vehicle is actually in the Lessor’s possession or actually reaches the contractually agreed point of return. The risk of vehicle damage is borne by the Lessee during this period.

11.6  Where good cause exists, the Lessor is entitled to request the premature return of the vehicle. Furthermore, the Lessor may assert the right to retake possession of the vehicle, should the Lessee not return the vehicle to the Lessor at the agreed time. In this case, the Lessee shall pay an additional usage charge for every additional started day beyond the agreed rental period and, as a minimum, equivalent to the fee listed in the current applicable scale of charges. If a time-limited special tariff was agreed, the standard rate valid at the time shall be applied as a minimum beyond the agreed rental period. The Lessee shall also undertake to pay the Lessor all costs involved in the Lessee recovering the vehicle. 

12. Payment obligation of the Lessee, due dates, billing

12.1  The Lessee shall pay the total amount, which is calculated from the individual positions shown on the front page of the Rental Agreement. This includes invoicing for any fuel shortage upon return of the vehicle, charges for cleaning or missing items or accessories. If the charges under this Rental Agreement are paid with a valid credit card, the card holder's signature shall be regarded as authorisation to debit the corresponding account at the credit card organisation for the full invoice amount. This authorisation shall also be valid for subsequent debits due to rental rate corrections, damage incidents including relevant towing costs, road traffic violations and any administration costs arising from their processing and to be completed after the rental period has ended.

12.2  The cost of rental, including deposit, shall be ring-fenced on the Lessee’s credit card during the term of the Rental Agreement until the Lessor is able to confirm the condition of the returned vehicle, which they undertake to do within one working day of return, except for reasons of force majeure. The deposit serves to guarantee any subsequent charges levied by the Lessor on the Lessee in connection with the Rental Agreement. No interest is added to the deposit by the Lessor.

12.3  The rental price (plus other agreed charges, e.g. liability reduction, delivery costs, etc.) plus VAT at the applicable statutory rate shall be paid in full for the agreed rental period. The rental price is charged from the start of the rental period.

12.4  The agreement below applies to a long-term rental (rental period of 29 days or more). The rental price (plus other agreed charges, e.g. liability reduction, delivery costs, etc.) plus VAT at the applicable statutory rate shall be paid in advance for the relevant accounting month. The monthly rental price will be collected at the beginning of each month (starting on the first day of the agreed vehicle pick-up).

12.5  Invoices can be submitted electronically, as a hard copy there and then, or by post (without including postal charges).

13. Lessor liability

13.1  The Lessor undertakes to provide a clean vehicle with a full fuel tank, in perfect working condition, with safety requirements and all mandatory equipment and documentation.

13.2  The Lessor undertakes to replace the vehicle at no additional cost to the Lessee in the event of a breakdown due to a problem in the vehicle related to its normal use by the Lessee or authorised driver. 

13.3  The Lessor is liable in cases of malicious intent or gross negligence on the part of the Lessor or their representative in line with statutory provisions. 

13.4  The Lessor assumes no liability for items left in the vehicle upon its return; this shall not apply in cases of premeditation or gross negligence on the part of the Lessor or their representative.

13.5  Liability without fault on the part of the Lessor for initial defects to the vehicle is ruled out.

14. Termination

14.1  This Agreement has a fixed term. For this reason, ordinary termination of the Agreement during the rental period is not possible.

14.2  The right of both parties to terminate the Agreement for good reason remains unaffected. Good reason from the Lessor’s perspective includes violation of sections 4.1 or 4.5 ff. and payment default.

15. Applicable law, jurisdiction, written form, severability clause

15.1  Amendments or additions require the written form. There are no verbal ancillary agreements.

15.2  For the resolution of any dispute arising from this Agreement or in relation to the rental vehicle, the Parties agree to be brought before the legally relevant courts. 

15.3  Should any individual provision of this Agreement be deemed ineffective or unfeasible or become ineffective or unfeasible after entering into the Agreement, the effectiveness of the remaining provisions of the Agreement shall remain unaffected. The ineffective or unfeasible provision shall be replaced by an effective and feasible provision that comes as close as possible, from the financial purpose perspective, to that which the contracting parties intended or would have concluded had they recognised its ineffectiveness or unfeasibility at the time. In the absence of any regulation in this Agreement, the provisions of Law 50/1980, of 8 October, Contrato de Seguro [Spanish Insurance Contract Act] and the provisions of Royal Legislative Decree 8/2004, of 29 October (Ley sobre la responsibilidad civil y Seguro en la circulación de vehículos de motor) [Law on civil liability and insurance in regard to driving motor vehicles] shall apply.

16. Transmission of data to third parties

16.1 If you so authorise, your personal data shall be passed on to Jaguar Land Rover España, S.L.U with a view to sending you commercial communications related to products and services that may be of interest. You may revoke the consent given at any time in writing to our email address bajacrm@infolandrover.es or bajacrm@infojaguar.es, where you may also exercise your rights of access, erasure, rectification and restriction.