1.- PURPOSE OF THE CONTRACT – SECRET RENT A CAR TAX ID NO. B72450174
The purpose of this contract is the rental of the vehicle described in the specific conditions of this contract, which SECRET RENT A CAR, S.L. delivers to the lessee, who accepts what is agreed therein and also what is provided for in these General Terms and Conditions.
2.- REQUIREMENTS TO BE ABLE TO RENT
a) The lessee must be the holder of a valid driving licence, in force during the agreed rental period, which has been held for more than two years, or more than three years in the case of an industrial vehicle, and shall present it when formalising the rental.
b) The lessee must also be over 23 years of age, or 25 years of age in the case of industrial vehicles. The lessor reserves the right not to rent if any of the above requirements are not met.
3.- VEHICLE CONDITION
a) The lessee receives, in the rental agreement, a description of the condition of the vehicle, accepting that it is delivered without any type of apparent damage or anomaly that is not reflected in said document, clean, inspected and in good condition for driving.
b) If the lessee considers that the condition of the vehicle does not match the description stated in the document, they must notify the employee of SECRET RENT A CAR, S.L. before removing it.
c) The lessee undertakes to return the vehicle in the same condition, without apparent damage, with all its documents, components, parts, tools and original accessories.
4.- DELIVERY AND RETURN OF THE VEHICLE
a) The delivery and collection or return of the vehicle must take place at the facilities of SECRET RENT A CAR, S.L. designated in the rental agreement. We have a key return box in the event of a return outside our normal opening hours. In this case, the lessee is responsible for any damage suffered by the vehicle until the key is received by SECRET RENT A CAR, S.L.
b) Both upon delivery and return of the vehicle, SECRET RENT A CAR, S.L. and the lessee 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 lessee at the average repair price. The lessee shall pay these additional costs to SECRET RENT A CAR, S.L. in accordance with the provisions of Article 8 of these General Terms and Conditions.
c) The lessor receives the rented vehicle with the following accessories: set of warning triangles, reflective vest and spare wheel with the tools necessary for changing it, or an alternative system to changing it. Likewise, they receive a duly certified copy of the vehicle documentation. Once the rental has ended, if the absence or deterioration of any tool, tyres, accessory, documentation or damage to the interior or exterior of the vehicle not attributable to accidents covered by the vehicle insurance is verified, the lessee must pay SECRET RENT A CAR, S.L. the full value of said deterioration, damage or missing items.
d) The lessee receives the rented vehicle with the fuel level stated in the rental agreement, assumes responsibility for fuel consumption and undertakes, at the end of the rental agreement, to pay the difference between the fuel stated in said agreement and the fuel in the vehicle upon delivery, using the average fuel price in force at that time as the basis for the calculation.
e) Retaining the vehicle without the consent of the lessor for a period extending beyond the agreed date may be considered by the lessor to be theft of the rented vehicle and shall result in it being reported as such to the competent authorities.
f) Rental days shall be calculated in periods of 24 hours from the time at which the vehicle was rented until the vehicle is delivered at the established location, with all its accessories and documentation, with a tolerance margin of 15 minutes. A delay in delivering the vehicle shall be invoiced in accordance with the rates agreed with the lessee.
g) Likewise, when the rental agreement is formalised, the lessee receives a copy thereof and the documents that must legally be carried in the vehicle, being liable for any penalties arising from failure to comply with this obligation.
h) An extra amount may be charged for cleaning if the lessee returns the vehicle in a condition different from that in which it was delivered.
5.- RESPONSIBILITIES OF THE LESSEE
a) The vehicle shall be driven only by the lessee, unless the lessor accepts the inclusion in the agreement of an additional driver or additional drivers authorised by the lessee, who shall have an age and length of driving licence ownership at least identical to those established in Section 2 of this agreement.
b) During the rental period, the lessee shall be responsible at all times for the use made of the vehicle. Penalties, fines or any other governmental or judicial measure imposed on the vehicle as a consequence of infringements of the Highway Code and the legal system in general shall be the responsibility of the driver of the vehicle or, where applicable, of the LESSEE. In cases involving traffic penalties, SECRET RENT A CAR, S.L. stipulates a charge of €30 for processing and managing them with the corresponding authorities. For this purpose, the lessee accepts and authorises SECRET RENT A CAR, S.L. to provide their personal data to the Police, Civil Guard and any official body requesting it due to the driving or rental of the vehicle, provided that doing so complies with applicable data protection legislation.
c) Both the personnel and the luggage or material that the rented vehicle may transport are subject to the load capacity authorised for it by the Authority.
d) The lessee undertakes to use the vehicle responsibly and only for the purposes for which it is intended. Specifically, when using the vehicle, the Lessee may not:
Drive under the influence of alcohol, narcotics or any type of drug.
Transport flammable and dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances, unless expressly authorised by SECRET RENT A CAR, S.L.
Re-rent the vehicle or use it for the transport of passengers and/or goods in exchange for payment.
Participate in rallies, races or similar competitions.
Teach someone to drive.
Intentionally commit a criminal offence or fail to comply with traffic laws.
Drive in any manner that breaches the current Highway Code and traffic regulations, regulations relating to the transport of goods and passengers, or any other applicable legislation in force.
Travel on unpaved roads or tracks, or on roads whose condition may damage the wheels, suspension or underside of the vehicle.
If the LESSEE incurs any of the circumstances referred to above, SECRET RENT A CAR, S.L. may proceed to withdraw the vehicle, with the loss of the deposit and without prejudice to the liabilities attributable to the lessee.
e) The vehicle may not leave Spanish island territory without the prior written authorisation of SECRET RENT A CAR, S.L.
f) The LESSEE shall be responsible for the full cost of fuel consumption, fuel additives and/or lubricants, punctures and burnt-out bulbs, in addition to garage, parking and washing expenses, undertaking to keep the vehicle in a good state of cleanliness and conservation at all times, including its transportation and immobilisation, as well as costs arising from impacts to the underside.
g) The lessee undertakes to carry at all times inside the vehicle the copy of the rental agreement delivered to them upon signing it, being responsible for any penalties arising from failure to comply with this obligation.
h) Smoking and the use of electronic cigarettes are not permitted inside the vehicle.
i) In the event of an accident or the loss or theft of the vehicle, the lessee shall be obliged to provide the lessor with accurate information as soon as possible by any written means, no later than one working day in the event of theft and two working days in all other cases. The lessee must report or notify the theft or loss to the police as soon as reasonably possible.
6.- VEHICLE MAINTENANCE
a) The lessee is obliged at all times to care for and maintain the vehicle in good condition, with the engine oil and water levels kept correct.
b) Breakdowns arising from the normal use of the vehicle shall be reported immediately by the lessee to SECRET RENT A CAR, S.L. and repaired by SECRET RENT A CAR, S.L. at no cost to the lessee.
When a breakdown occurs at a location close to or with easy access to an authorised workshop of the vehicle’s brand, the lessee may request authorisation from SECRET RENT A CAR, S.L. to take it to one of those workshops for repair, following in all cases the instructions given by SECRET RENT A CAR, S.L.
The lessee is obliged to stop the vehicle if, while it is running, any of the warning lights indicating anomalies in the operation of the vehicle illuminate on the instrument panel, or if they notice external signs indicating breakdowns.
The LESSEE shall be liable for damage arising from failure to comply with the obligations referred to above.
If it is demonstrated that the breakdown was caused by the driver’s lack of skill or mistreatment of the vehicle, the full cost of its repair shall be borne by the lessee, as shall the period during which it remains in the workshop.
The vehicle is delivered with the tyres in perfect condition. If they are damaged for any reason other than their normal use, the lessee undertakes to replace them at their own expense with others of identical dimensions, type and usage characteristics.
7.- ROADSIDE ASSISTANCE
During the rental period, the LESSEE has the benefit of a roadside assistance service in the event of a breakdown or accident. For this purpose, they shall be provided with a telephone number that shall appear in the documentation of the rented vehicle.
If it is necessary to use the service, the lessee must contact the assistance service immediately after the breakdown or accident occurs. If the lessee does not use the assistance service provided and uses any other service, they may not request reimbursement of any expense from SECRET RENT A CAR, S.L.
8.- PRICE AND METHOD OF PAYMENT
Payment of the rental agreed in the specific conditions shall be made by the lessee on the date stated in those conditions. Rentals and payments shall be made at the office of SECRET RENT A CAR, S.L., with the method of payment being stated in the specific conditions, or through the official website using Redsys, or at the office through a POS terminal.
Failure to pay the rental under the agreed conditions entitles the lessor to immediately withdraw the vehicle from the lessee, bringing the existing rental agreement to an end, and to initiate the corresponding actions to recover the amounts owed.
Payment may be made online through the website.
Available online payment methods:
Redsys
Apple Pay
Google Pay
Bizum
9.- DURATION OF THE AGREEMENT, EXTENSION AND TERMINATION
a) The duration of this agreement is that indicated in the Specific Conditions.
b) For invoicing purposes, rental days shall be calculated in periods of 24 hours from the time at which the vehicle was rented until the vehicle is delivered at the established location, with all its accessories and documentation, with a tolerance margin of 15 minutes. A delay in delivering the vehicle shall be invoiced as a full day, in accordance with the rates agreed with the lessee.
c) Without this being considered contradictory to the provisions of the preceding paragraphs, SECRET RENT A CAR, S.L. also reserves the option to terminate this agreement by withdrawing the vehicle, with the withdrawal costs being borne by the lessee, when, in its opinion, the lessee does not provide sufficient guarantees of caution when driving, proper treatment of the vehicle, where there is suspicion that it is being used for illegal activities, where the conditions contained in Section 5 are breached or where the payment conditions established in the rental agreement are breached. All of this may take place without the need for prior notice or communication.
d) When the LESSEE decides to unilaterally terminate the agreement before its expiry, the rate applicable to said agreement shall be recalculated according to the time actually rented, with a penalty of 10% applied to the applicable rate.
10.- INSURANCE – INSURANCE LIABILITIES
a) The rented vehicle is insured under an insurance agreement that includes the following coverage:
Compulsory Civil Liability Insurance
Voluntary Civil Liability Insurance
Criminal defence and claims for damages
Personal accidents
Own damage with the excess stated in the specific conditions
The lessee declares that they are aware of the insurance agreement entered into by SECRET RENT A CAR, S.L., a copy of which may be provided to them if they expressly request it.
b) Theft and fire, as well as own damage caused by an accident, subject to the excess established in the Specific Conditions, are covered by SECRET RENT A CAR, S.L.
However, in cases where it is demonstrated that the accident was caused by negligence, recklessness, simple carelessness, clumsiness or evident lack of skill on the part of the driver, as well as impacts to the roof or underside of the vehicle, or any other cause that breaches the principles of prudent driving and the normal use and operation of the vehicle, or when the driver was a person other than those described in the specific conditions of the rental agreement, the full repair costs shall be borne by the lessee.
c) Liabilities — Possession of the vehicle by the lessee immediately entails the transfer of its legal custody.
Therefore, and as already established in the obligations of the lessee, SECRET RENT A CAR, S.L. shall not be liable for penalties, fines or any other governmental or judicial measure imposed on the vehicle as a consequence of infringements of the Highway Code and the legal system in general committed by the lessee or by the person accepted as the driver.
The lessee shall be secondarily liable under civil law for the driver of the vehicle when an accident occurs due to the driver’s negligence. The lessee undertakes to notify SECRET RENT A CAR, S.L. of any accident or incident. Failure to comply with this obligation within the time limits established by law shall make the lessee liable for any damages, losses and expenses that may arise from it.
11.- DISPUTES AND JURISDICTION
In the event of any disagreement concerning the interpretation or application of these general terms and conditions, or any dispute relating to them, both parties voluntarily submit to the jurisdiction of the Courts and Tribunals of the city in which the lessee resides.
12.- DEPOSIT AND SECURITY DEPOSIT
a) Amount of the deposit: To guarantee compliance with the lessee’s obligations, the lessee must provide a deposit using a credit or debit card in the name of the holder of the agreement, for the amount indicated in the specific conditions. The amount of the deposit shall depend on the type of vehicle rented, the duration of the agreement and the coverage purchased, and may range from €300 to €1,000.
b) Purpose of the deposit: The deposit guarantees payment of:
Damage to the vehicle not covered by insurance, including the excess, exclusions and negligence.
Theft of the vehicle due to negligence, for example, keys left inside.
Fuel not refilled.
Fines and penalties during the rental period.
Charges for special cleaning or the loss of keys or documentation.
Costs arising from a late return or a return outside the agreed location.
c) Return: The deposit shall be returned in full once the rental has ended and the vehicle has been inspected, provided that:
The vehicle has been returned in the condition in which it was received.
The agreed return time and location have been complied with.
No incident has occurred and no additional charges have been generated.
The release of the deposit may take between 7 and 14 working days if a credit card was used, since it is a pre-authorisation and the amount is blocked. In the event of payment by debit card, the period may take between 7 and 30 calendar days, depending on the customer’s bank, with this being the maximum legal period.
13.- CANCELLATION, MODIFICATION OF BOOKINGS AND FAILURE TO APPEAR
a) Cancellations by the customer: The lessee may cancel their booking at any time before the rental begins, with the following effects:
Cancellation at least 48 hours before the scheduled vehicle collection time shall result in a full refund of the amount paid.
Cancellation between 48 and 24 hours before the scheduled collection time: Penalty of 50% of the total booking amount.
Cancellation less than 24 hours in advance or failure to appear, known as a no-show: Penalty of 100% of the booking amount. No refund shall be made.
b) Booking modifications: The customer may request modifications to the date, time, collection or delivery location, or vehicle group up to 24 hours before the rental begins, subject to availability and a possible rate adjustment. In the event of a price difference, the lessee shall pay the additional amount. If the price is lower, the difference shall not be refunded unless the modification was made more than 48 hours in advance.
c) Failure to appear (no-show): If the lessee does not appear at the vehicle collection point within one hour of the agreed time and has not notified the company of the delay, the booking shall be considered cancelled by the customer, without the right to a refund.
d) Cancellation by the lessor: SECRET RENT A CAR, S.L. reserves the right to cancel the booking in the event of force majeure, technical impossibility of delivering the vehicle or reasonable suspicion of fraud, notifying the customer as far in advance as possible. In this case, the amount paid shall be refunded in full.
e) Method and channel for cancellations or modifications: Cancellation or modification requests must be made by email or through the online platform at least 24 hours in advance. The actual time of receipt shall be the time taken into account for calculating the applicable time limits.
13.- DATA PROTECTION
DATA PROCESSING
At SECRET RENT A CAR, S.L., we process users’ personal data for the following purposes, based on the contractual relationship, the user’s consent and compliance with legal obligations:
a) Management of online bookings: Collection and processing of the data required to make, modify or cancel a vehicle booking through our website platform or mobile application. This includes the user’s name, contact details, identity document details, driving licence number, payment details and preferences.
b) Formalisation and performance of the rental agreement: Processing of personal data for the preparation, performance and monitoring of the rental agreement. This includes the collection and return of the vehicle, mileage monitoring, insurance management, roadside assistance and any incident arising from the service.
c) Customer service and incident management: Use of the data to resolve questions, complaints or claims relating to the service provided through our customer service channels, including telephone, email and online chat.
d) Compliance with legal and tax obligations: This includes keeping data for the legally established periods, cooperating with administrative and judicial authorities or security forces, and issuing invoices and accounting documents.
e) Prevention of fraud and contractual infringements: Processing data to verify the user’s identity, detect suspicious transactions, prevent non-payment or improper use of our vehicles, as well as possible traffic infringements or damage caused during the rental.
f) Sending commercial communications, subject to prior consent: If the user expressly authorises it, we shall use their contact details to send them 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 the data collected in an anonymised or aggregated manner for statistical analysis, market research and optimisation of the user experience on our website.
LEGAL BASIS FOR DATA PROCESSING
The processing of the personal data of users of SECRET RENT A CAR, S.L. is carried out on the following legal bases, in accordance with Article 6 of Regulation (EU) 2016/679, the 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 in order to take pre-contractual measures, such as processing bookings or enquiries made before the service.
b) Compliance with a legal obligation, Article 6.1(c) GDPR: We process certain data to comply with our legal obligations in tax, accounting and traffic matters, and in relation to cooperation with public authorities or security forces.
c) Legitimate interests of the controller, Article 6.1(f) GDPR: We rely on our legitimate interests to guarantee the security of our operations, prevent fraud, improve service quality and protect our rights in the event of a contractual breach. In these cases, we always assess that the fundamental rights and freedoms of the data subject do not take precedence.
d) Consent of the data subject, Article 6.1(a) GDPR: Commercial communications, satisfaction surveys and the use of data for marketing purposes shall only take place if the user has given their express, freely given and informed consent. Consent may be withdrawn at any time without affecting the lawfulness of the processing carried out before its withdrawal.
14.- PROCESSING OF GEOLOCATION DATA (GPS)
SECRET RENT A CAR, S.L. vehicles may be equipped with geolocation devices (GPS), the activation and data processing of which are carried out in accordance with the provisions of the General Data Protection Regulation (GDPR) and other applicable legislation.
a) Purpose of processing:
The location data obtained through GPS may be processed by SECRET RENT A CAR, S.L. for the following purposes:
Fraud prevention and protection against theft or improper use of the vehicle.
Locating the vehicle in the event of an accident, loss, theft or serious breach of the agreement.
Roadside assistance or emergencies, when necessary.
Monitoring compliance with the rental agreement, for example, regarding established geographical restrictions.
b) Legal basis for processing:
Performance of the rental agreement, Article 6.1(b) GDPR: When processing is necessary to comply with the agreed conditions, particularly if geographical usage limits or special service conditions are established.
Legitimate interests, Article 6.1(f) GDPR: When necessary to protect our vehicles against the risk of theft, damage or contractual breach.
Explicit consent, Article 6.1(a) GDPR: In cases where the use of GPS is not essential for the performance of the agreement, the user’s consent shall be requested.
c) Characteristics of the processing:
Location data is not monitored continuously and is not used for the purpose of monitoring the driver’s behaviour.
Access to the data is restricted to authorised personnel and is activated only in the cases described above.
Under no circumstances shall 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 legal or contractual proceedings are initiated that justify retaining it for a longer period.
e) Rights of the data subject:
The user may exercise their rights of access, rectification, erasure, restriction, objection and portability regarding their data at any time by contacting secretrentacar@gmail.com, in accordance with the GDPR.
CHARGES FOR INCIDENTS
Accident with or without another party involved: Cost of the repair, up to the maximum insurance excess.
Puncture repair: €50
Refuelling service charge: €20
Processing of fines: €30
Special cleaning: €150 €65
Accident processing charge: €50
In accordance with Article 13 of Section 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, we inform you that the data controller is SECRET RENT A CAR, S.L., and that said processing is carried out for accounting, tax and administrative management purposes and for sending commercial communications concerning the company’s products and services that may be of interest to you. The legal basis legitimising this processing is the performance of the sales agreement. Data shall be communicated to third parties in order to carry out the purposes covered by this agreement. You may access, rectify and erase your data, as well as exercise other rights, by writing to secretrentacar@gmail.com.
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