Terms and conditions

1. PURPOSE OF THE AGREEMENT – SECRET RENT A CAR CIF B72450174

The purpose of this Agreement is the rental of the vehicle described in the Specific Terms and Conditions of this Agreement, which SECRET RENT A CAR, SL delivers to the Renter. The Renter accepts the terms and conditions set forth therein, as well as those contained in these General Terms and Conditions.

2. REQUIREMENTS FOR RENTING A VEHICLE

a) The Renter must hold a valid driving licence, valid throughout the entire rental period, which must have been held for more than two years, or more than three years in the case of commercial/industrial vehicles. The driving licence must be presented at the time the rental agreement is executed.

b) The Renter must also be at least 23 years old, or 25 years old in the case of commercial/industrial vehicles. SECRET RENT A CAR reserves the right to refuse the rental if any of the above requirements are not met.

3. VEHICLE CONDITION

a) The Renter acknowledges that the rental agreement includes a description of the vehicle’s condition and accepts that the vehicle is delivered clean, inspected, roadworthy and without any visible damage or defect not expressly recorded in the relevant document.

b) If the actual condition of the vehicle does not correspond to the description contained in the document, the Renter must notify a SECRET RENT A CAR, SL employee before taking possession of the vehicle.

c) The Renter undertakes to return the vehicle in the same condition, without any apparent damage, together with all its original documents, components, parts, tools and accessories.

4. VEHICLE COLLECTION AND RETURN

a) The vehicle must be collected and returned at the SECRET RENT A CAR, SL facilities designated in the rental agreement. We provide a key-drop box for returns outside our normal opening hours. In such cases, the Renter shall remain responsible for any damage suffered by the vehicle until it is received by SECRET RENT A CAR, SL.

b) At both collection and return, SECRET RENT A CAR, SL and the Renter shall record in the rental agreement any minor visible damage to the vehicle. Any new damage caused to the vehicle shall be charged to the Renter based on the average repair cost. The Renter shall pay these additional costs to SECRET RENT A CAR, SL in accordance with Article 8 of these General Terms and Conditions.

c) The Renter receives the vehicle together with the following accessories: warning triangle set, safety vest and spare wheel with the necessary tools for changing the wheel, or an alternative tyre-changing system. The Renter also receives a duly certified copy of the vehicle documentation. Upon completion of the rental period, if any tools, tyres, accessories or documentation are missing or damaged, or if damage or deterioration to the interior or exterior of the vehicle is found that is not attributable to accidents covered by the vehicle insurance, the Renter shall pay SECRET RENT A CAR, SL the full value of such damage, deterioration or missing items.

d) The Renter receives the vehicle with the fuel level indicated in the rental agreement and is responsible for fuel consumption. At the end of the rental period, the Renter shall pay the difference between the fuel level at the beginning of the rental and the fuel level upon return, calculated on the basis of the average fuel price applicable at that time.

e) Retaining the vehicle without the Lessor’s consent beyond the agreed return date may be considered by the Lessor as unlawful appropriation of the rented vehicle and may result in a report being filed with the competent authorities.

f) Rental days are calculated in 24-hour periods starting from the time the vehicle is rented until the vehicle is returned at the agreed location, together with all its accessories and documentation. A grace period of 15 minutes shall apply. Any delay in returning the vehicle will be charged in accordance with the rates agreed with the Renter.

g) At the time the rental agreement is executed, the Renter receives a copy of the agreement and the documents that are legally required to be kept inside the vehicle. The Renter shall be responsible for any penalties resulting from failure to comply with this obligation.

h) An additional cleaning fee may be charged if the Renter returns the vehicle in a condition different from that in which it was delivered.

5. RENTER’S RESPONSIBILITIES

a) The vehicle may only be driven by the Renter, unless the Lessor has expressly authorised one or more additional drivers in the rental agreement. Such additional drivers must meet, at a minimum, the same age and driving-licence requirements established in Section 2 of this Agreement.

b) Throughout the rental period, the Renter shall be fully responsible for the use of the vehicle. Any fines, penalties or other administrative or judicial measures imposed in relation to the vehicle as a result of violations of traffic regulations or any other applicable law shall be the responsibility of the driver of the vehicle or, where applicable, the Renter.

SECRET RENT A CAR, SL applies a €30 administration and processing fee for traffic fines, payable for the processing and management of such fines before the relevant authorities. For this purpose, the Renter accepts and authorises SECRET RENT A CAR, SL to provide the Renter’s personal data to the Police, Civil Guard and any other official authority requesting such information in connection with the driving or rental of the vehicle, provided that this is in accordance with applicable data-protection legislation.

c) The number of passengers and the equipment or goods transported in the rented vehicle shall be subject to the authorised load capacity established by the competent authorities.

d) The Renter undertakes to use the vehicle responsibly and solely for its intended purpose. In particular, the Renter shall not:

Drive under the influence of alcohol, narcotics or any type of drugs.
Transport flammable or dangerous goods, or toxic, corrosive, radioactive or other harmful substances, unless expressly authorised by SECRET RENT A CAR, SL.
Sub-rent the vehicle or use it for the paid transportation of passengers and/or goods.
Participate in rallies, races or similar events.
Use the vehicle for driving lessons.
Intentionally commit an offence or violate traffic regulations.
Drive in any manner that violates the applicable Traffic Code and Regulations, regulations governing the transport of goods and passengers, or any other applicable law.
Drive on unpaved roads or tracks, or on roads whose condition may damage the vehicle’s tyres, suspension or underbody.

If the Renter breaches any of the above conditions, SECRET RENT A CAR, SL may recover the vehicle, with forfeiture of the security deposit, without prejudice to any other liabilities attributable to the Renter.

e) The vehicle may not leave Spanish island territory without the prior written authorisation of SECRET RENT A CAR, SL.

f) The Renter shall be responsible for all fuel, additives and/or lubricants, punctures, blown bulbs, garage and parking expenses and washing costs. The Renter undertakes to keep the vehicle clean and in good condition at all times, including responsibility for its transportation and immobilisation, as well as any damage resulting from impacts to the vehicle’s underbody.

g) The Renter undertakes to keep the copy of the rental agreement provided upon signing inside the vehicle at all times and shall be responsible for any penalties arising from failure to comply with this obligation.

h) Smoking is strictly prohibited inside the vehicle, including the use of electronic cigarettes.

i) In the event of an accident or theft of the vehicle, the Renter must inform the Lessor accurately and as soon as possible by any written means and, at the latest, within one business day in the event of theft and within two days in all other cases. The Renter must report or notify the Police of any theft or loss as soon as reasonably possible.

6. VEHICLE MAINTENANCE

a) The Renter is responsible at all times for taking care of and maintaining the vehicle in good condition, including ensuring that the engine oil and water levels are correct.

b) Any breakdown arising during normal use of the vehicle must be reported immediately by the Renter to SECRET RENT A CAR, SL and shall be repaired by SECRET RENT A CAR, SL at no cost to the Renter.

If a breakdown occurs near, or within easy access of, an authorised workshop of the vehicle manufacturer, the Renter may obtain authorisation from SECRET RENT A CAR, SL to take the vehicle to one of these workshops, in all cases following the instructions provided by SECRET RENT A CAR, SL.

The Renter must stop the vehicle if, while driving, any warning light indicating a malfunction illuminates on the dashboard, or if any external signs indicating a possible breakdown are detected.

The Renter shall be responsible for any damage resulting from failure to comply with the above obligations.

If it is demonstrated that the breakdown was caused by driver error, lack of skill or improper treatment of the vehicle, the full cost of repair, as well as any workshop storage period, shall be borne by the Renter.

The vehicle is equipped with tyres in perfect condition. If the tyres are damaged for any reason other than normal use, the Renter undertakes to replace them at their own expense with tyres of identical dimensions, type and usage characteristics.

7. ROADSIDE ASSISTANCE

During the rental period, the Renter is entitled to roadside assistance in the event of a breakdown or accident. A telephone number for this service will be provided in the vehicle documentation.

If roadside assistance is required, the Renter must contact the assistance service immediately after the breakdown or accident occurs. If the Renter fails to use the designated assistance service and uses another service instead, SECRET RENT A CAR, SL shall not be responsible for reimbursing the resulting expenses.

8. PRICE AND PAYMENT METHOD

The rental price agreed in the Specific Terms and Conditions shall be paid by the Renter on the date specified therein. Payments shall be made at SECRET RENT A CAR, SL offices, with the payment method specified in the Specific Terms and Conditions, either online through the official website using Redsys or at the office using a POS terminal.

Failure to make the agreed rental payment shall entitle the Lessor to immediately recover the vehicle from the Renter, terminate the existing rental agreement and take the appropriate legal action to recover any outstanding amounts.

Payment may also be made online through the website.

Available online payment methods are:

Redsys
Apple Pay
Google Pay
Bizum

9. TERM OF THE AGREEMENT, EXTENSION AND TERMINATION

a) The duration of this Agreement is that specified in the Specific Terms and Conditions.

b) For billing purposes, rental days shall be calculated in 24-hour periods starting from the time the vehicle is rented until it is returned at the agreed location, together with all its accessories and documentation. A 15-minute grace period shall apply. Any delay in returning the vehicle shall be charged as a full additional rental day, in accordance with the rates agreed with the Renter.

c) Without prejudice to the provisions above, SECRET RENT A CAR, SL reserves the right to terminate this Agreement and recover the vehicle, with all recovery costs borne by the Renter, if, in its reasonable judgment, the Renter does not provide sufficient guarantees of prudent driving or proper care of the vehicle, if there is suspicion that the vehicle is being used for illegal activities, if the conditions contained in Section 5 are breached, or if the payment conditions established in the rental agreement are not complied with. No prior notice or formal demand shall be required.

d) If the Renter unilaterally terminates the Agreement before its agreed expiry date, the applicable rental rate shall be recalculated according to the actual rental period, with a 10% penalty applied to the applicable rate.

10. INSURANCE – INSURANCE LIABILITY

a) The rented vehicle is insured under an insurance policy providing the following coverage:

Compulsory Third-Party Liability Insurance.
Voluntary Third-Party Liability Insurance.
Legal defence and claims for damages.
Personal accident insurance.
Own-damage coverage subject to the excess specified in the Specific Terms and Conditions.

The Renter declares that they are aware of the insurance policy taken out by SECRET RENT A CAR, SL, a copy of which shall be provided upon express request.

b) Theft and fire, as well as own damage resulting from an accident subject to the excess specified in the Specific Terms and Conditions, are covered by SECRET RENT A CAR, SL.

However, where it is established that an accident occurred as a result of negligence, recklessness, carelessness, incompetence or manifest lack of skill on the part of the driver, including damage to the roof or underbody of the vehicle, or for any other reason contrary to the principles of prudent driving or the normal and proper use of the vehicle, or where the driver was a person other than those identified in the Specific Terms and Conditions of the rental agreement, all repair costs shall be borne entirely by the Renter.

c) Liability. Possession of the vehicle by the Renter immediately entails the transfer of legal custody of the vehicle.

Accordingly, and as already provided for in the Renter’s obligations, SECRET RENT A CAR, SL shall not be liable for any fines, penalties or other administrative or judicial measures imposed in relation to the vehicle as a result of violations of traffic regulations or other applicable laws committed by the Renter or an authorised driver.

The Renter shall be jointly liable in civil matters for the driver of the vehicle where an accident occurs due to the driver’s negligence. The Renter undertakes to notify SECRET RENT A CAR, SL of any accident or insured event. Failure to comply with this obligation within the legally established deadlines shall make the Renter responsible for any damages, losses and expenses arising therefrom.

11. DISPUTES AND JURISDICTION

In the event of any disagreement regarding the interpretation, application or meaning of any of these General Terms and Conditions, both parties voluntarily submit to the jurisdiction of the Courts and Tribunals of the city in which the Renter resides.

12. SECURITY DEPOSIT

a) Amount of the security deposit: To guarantee compliance with the Renter’s obligations, the Renter must provide a security deposit by means of a credit or debit card in the name of the contract holder, for the amount specified in the Specific Terms and Conditions. The amount of the security deposit will depend on the type of vehicle rented, the duration of the rental agreement and the coverage purchased, and may range from €300 to €1,000.

b) Purpose of the security deposit: The security deposit guarantees payment of:

Damage to the vehicle not covered by insurance, including excess, exclusions and negligence.
Theft of the vehicle resulting from negligence, for example, leaving the keys inside the vehicle.
Unpaid fuel costs.
Fines and penalties incurred during the rental period.
Special cleaning charges and the loss of keys or documentation.
Costs arising from late return or return to a location other than the agreed location.

c) Refund of the security deposit: The security deposit shall be released in full after completion of the rental period and inspection of the vehicle, provided that:

The vehicle has been returned in the same condition in which it was received.
The agreed return time and location have been respected.
No incident has occurred and no additional charges have been incurred.

Release of the security deposit may take between 7 and 14 days when a credit card is used, as the amount is subject to a pre-authorisation and subsequent release of the held amount. In the case of a debit card, the release may take between 7 and 30 calendar days, depending on the customer’s bank.

13. CANCELLATION, RESERVATION MODIFICATION AND NO-SHOW

a) Cancellations by the customer:* The Renter may cancel their reservation at any time before the rental begins, subject to the following conditions:

Cancellation at least 48 hours before the scheduled vehicle collection time: the full amount paid will be refunded.
Cancellation between 48 and 24 hours before the scheduled collection time: a penalty of 50% of the total reservation amount will apply.
Cancellation less than 24 hours before the scheduled collection time or failure to attend (no-show): a 100% penalty of the reservation amount will apply. No refund will be issued.

b) Reservation modifications: The customer may request modifications to the reservation, including the collection or return date, time, location or vehicle category, up to 24 hours before the rental begins. Such modifications are subject to availability and may result in a rate adjustment. If the new price is higher, the Renter shall pay the difference. If the new price is lower, the difference will not be refunded unless the modification is made more than 48 hours in advance.

c) No-show: If the Renter does not arrive at the vehicle collection point within one hour of the agreed collection time and has not notified SECRET RENT A CAR, SL of the delay, the reservation shall be considered cancelled by the customer, with no entitlement to a refund.

d) Cancellation by the Lessor: SECRET RENT A CAR, SL reserves the right to cancel a reservation in the event of force majeure, technical impossibility of delivering the vehicle or reasonable suspicion of fraud, notifying the customer as soon as possible. In such cases, the full amount paid shall be refunded.

e) Method and channel for cancellations or modifications: Requests for cancellation or modification must be submitted by email or through the online platform at least 24 hours in advance. The effective time of receipt shall be used for the calculation of the applicable deadlines.

14. DATA PROTECTION

DATA PROCESSING

At SECRET RENT A CAR, SL, we process users’ personal data for the following purposes, based on the contractual relationship, the user’s consent and compliance with legal obligations:

a) Online reservation management: Registration and processing of the information necessary to make, modify or cancel a vehicle reservation through our website or mobile application. This includes name, contact details, identification-document information, driving licence number, payment details and user preferences.

b) Execution and performance of the rental agreement: Processing of personal data for the preparation, execution and management of the rental agreement. This includes vehicle collection and return, mileage control, insurance management, roadside assistance and any incident arising from the service.

c) Customer service and incident management: Use of data to resolve problems, enquiries or complaints relating to the service provided through our customer-service channels, including telephone, email and online chat.

d) Compliance with legal and tax obligations: Including retention of data for legally established periods, cooperation with administrative and judicial authorities and law-enforcement bodies, and the issuance of invoices and accounting documentation.

e) Fraud prevention and contractual violations: Processing of data to verify the user’s identity, detect suspicious transactions, prevent non-payment or misuse of our vehicles, and address potential traffic violations or damage caused during the rental period.

f) Commercial communications, subject to prior consent: If the user expressly authorises us to do so, we may use their contact details to send information about promotions, discounts, new services or satisfaction surveys by electronic means. The user may withdraw their consent at any time.

g) Improvement of our services: We may use collected data in anonymised or aggregated form for statistical analysis, market research and optimisation of the user experience on our website.

LEGAL BASIS FOR DATA PROCESSING

The processing of personal data by SECRET RENT A CAR, SL is carried out on the following legal bases, in accordance with Article 6 of Regulation (EU) 2016/679 (GDPR):

a) Performance of a contract (Article 6.1(b) GDPR): Processing is necessary for the performance of the vehicle rental agreement requested by the user or for the implementation of pre-contractual measures, such as managing reservations or enquiries made prior to the service.

b) Compliance with a legal obligation (Article 6.1(c) GDPR): We process certain data in order to comply with our legal obligations concerning taxation, accounting, traffic regulations and cooperation with public authorities and law-enforcement bodies.

c) Legitimate interest of the controller (Article 6.1(f) GDPR): We rely on our legitimate interest to ensure the security of our operations, prevent fraud, improve service quality and protect our rights in the event of a contractual breach. In such cases, we always assess that the fundamental rights and freedoms of the data subject do not prevail over such interests.

d) Consent of the data subject (Article 6.1(a) GDPR): Commercial communications, satisfaction surveys or the use of data for marketing purposes shall only be carried out where the user has provided their explicit, freely given and informed consent. Consent may be withdrawn at any time without affecting the lawfulness of processing carried out prior to its withdrawal.

15. GPS GEOLOCATION DATA PROCESSING

The vehicles of SECRET RENT A CAR, SL may be equipped with GPS geolocation devices. The activation and processing of location data shall be carried out in accordance with the General Data Protection Regulation (GDPR) and other applicable legislation.

a) Purpose of processing

GPS location data may be processed by SECRET RENT A CAR, SL for the following purposes:

Fraud prevention and protection against theft or misuse of the vehicle.
Locating the vehicle in the event of an accident, loss, theft or serious breach of the rental agreement.
Roadside assistance or emergency situations where necessary.
Monitoring compliance with the rental agreement, for example with regard to geographical restrictions.

b) Legal basis for processing

Performance of the rental agreement (Article 6.1(b) GDPR): Where processing is necessary to comply with the agreed terms, particularly where geographical restrictions or special service conditions apply.
Legitimate interest (Article 6.1(f) GDPR): Where necessary to protect our vehicles against theft, damage or contractual breaches.
Explicit consent (Article 6.1(a) GDPR): Where GPS use is not essential for the performance of the rental agreement, the user’s consent will be requested.

c) Characteristics of the processing

Location data is not continuously monitored and is not used to monitor the driver’s behaviour.
Access to the data is limited to authorised personnel and is activated only in the circumstances described above.
Under no circumstances will this data be used to create user profiles or to make automated decisions producing legal or similarly significant effects.

d) Data retention

Geolocation data shall be retained only for the time necessary to fulfil the purpose for which it was collected and, at most, for the duration of the rental period, unless there is an ongoing legal or contractual procedure justifying longer retention.

e) Data subject rights

The user may exercise their rights of access, rectification, erasure, restriction of processing, objection and data portability at any time by contacting secretrentacar@gmail.com, in accordance with the GDPR.

ADDITIONAL CHARGES FOR INCIDENTS

Accident with or without a third party: Repair cost, up to the maximum insurance excess.

Puncture repair: €50

Refuelling service charge: €20

Traffic fine administration: €30

Special cleaning: €150 / €65

Accident claim administration fee: €50

In accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data and the free movement of such data, we inform you that the data controller is SECRET RENT A CAR, SL.

SECRET RENT A CAR, SL will process your personal data for accounting, tax and administrative management purposes, as well as for sending commercial communications concerning products and services offered by the company that may be of interest to you.

The legal basis for this processing is the performance of the rental agreement.

Your data may be disclosed to third parties where necessary to fulfil the purposes covered by the Agreement.

You may access, rectify and update your personal data, as well as exercise any other rights available to you, by contacting [secretrentacar@gmail.com]

+34641328403