MINIMUM GENERAL TERMS

TALLER HERMANOS SARMIENTO CHAPA Y PINTURA, S.L., holder of Tax ID (N.I.F.) B29667458, owner of the car hire company trading as MARBELLA RENT A CAR, hereinafter THE HIRE COMPANY, hires to the Hirer the vehicle described in this document, and the Hirer undertakes to comply with the clauses and conditions set out herein.
Please pay special attention to our fuel policy
If you collect the car from an airport station, a local branch or outside our premises, you must return the vehicle with the same fuel level as when you received it.
If you return the car with less fuel than you received, we will have to charge you for the missing litres plus a refuelling surcharge of €25.
If you return the vehicle with more fuel than you received, the difference will not be refunded.
IMPORTANT INFORMATION
The minimum age for drivers is 21 and the maximum is 85.
YOUNG DRIVERS (21-25 years old) may drive vehicles from our mini and compact groups by taking out additional insurance at €9 per day.
SENIOR DRIVERS (aged 76 and over) may hire a vehicle from any vehicle group by taking out additional insurance at €9 per day.
Hirers must have held a driving licence for at least two years.
If the driving licence is not written in Roman characters, it must be accompanied by an International Driving Permit (IDP), which must also be provided where required by law to drive within Spanish territory. The IDP does not replace the driving licence issued in the holder’s country of nationality.
To collect the vehicle, MARBELLA RENT A CAR needs to see your original documents, which are as follows:
Driving licences for all drivers, ID card/passport for all drivers, and a credit card (VISA/MasterCard/Amex) in the name of the main driver (plus the IDP, where applicable).
Our vehicles are confirmed exclusively by vehicle group and not by make/model. The makes/models shown in our fleet are for guidance only and may be replaced at any time by others of similar characteristics. Nevertheless, MARBELLA RENT A CAR will always try to provide its customers with their “preferred cars”.
The vehicles may only be driven by persons who have been previously authorised by MARBELLA RENT A CAR and who are named in the corresponding vehicle hire agreement.
Unauthorised drivers have no insurance cover whatsoever and would have to bear the legal and financial consequences.
Vehicles must be returned to MARBELLA RENT A CAR according to the details (dates, time and locations) agreed in the hire agreement.
If this is not the case, and MARBELLA RENT A CAR has not authorised any extension of the hire period and/or has not authorised return at a location other than that agreed in the contract, the driver will have to bear all legal and financial consequences.
Vehicles may only be driven within mainland Spain and Gibraltar. Crossing the border into Gibraltar or Portugal must be booked on request and additional costs may apply.
Transport by ferry is not permitted.
Our General Conditions shall apply as set out in the hire agreement.
General terms and conditions
Hire periods
The hire period shall be that contracted by the Hirer as shown in the hire agreement.
Both the hire agreement and any extensions thereto shall take effect once payment of the rates agreed for that purpose between Hirer and Hire Company has been made.
The vehicle shall be returned at the place, date and time stipulated in the hire agreement. Agreements must be renewed on a monthly basis, with a maximum duration of 88 days per service. Any change must be authorised in advance by the Hire Company. Otherwise, failure to return the vehicle at the place, date and time stipulated shall result in charges being applied at the updated general rate. Once 24 hours have elapsed from the date specified for return, the Hire Company shall be entitled to repossess the vehicle if it is located and, failing that, to take legal action and file a police report for misappropriation, theft or larceny, as appropriate. All costs involved in recovering the vehicle, including its being out of service, shall be borne by and at the risk of the Hirer and shall be duly evidenced by invoices for the corresponding charges.
Minimum requirements for hiring a car
The Hirer and/or driver(s) must hold a valid, current driving licence, at least two years old, issued in Spain or another EU country.
Be at least 25 years of age.
Valid identity document (national ID card/passport).
Booking
The customer may make a booking through the company’s website, by telephone, or through any of the partner companies operating for this purpose with Marbella Rent a Car.
The booking shall be considered effective once confirmation has been received from the hire company, Marbella Rent a Car.
Rates and payment
Hire rates vary according to the type of vehicle, the length of the hire agreement and the season. The customer must pay the full amount either when making the booking or on signing the hire agreement, together with a deposit which will be refunded at the end of the hire period, subject to the conditions stipulated.
Cancellation policy
The customer may cancel their booking at any time before collecting the vehicle at no cost, except for “packages or special offers stating otherwise”. In the event of the vehicle being returned before the end of the hire period stated in the contract, any unused days will be refunded, except in the case of “packages or special offers stating otherwise”.
Use of the vehicle
Initial inspection: before using the vehicle, the Hirer shall carry out a visual inspection to check for any pre-existing damage that has not been documented.
Only the Hirer and the additional drivers named on the front of the agreement are authorised to drive the vehicle, provided that such persons are at least 25 years of age and hold a driving licence at least two years old. For Hirers aged between 21 and 25, it is possible to hire a vehicle from certain categories on payment of additional insurance.
On delivery of the vehicle, the main driver must provide a credit card (VISA/MasterCard/Amex) in their own name as a guarantee.
The vehicle must be driven responsibly, in compliance with traffic laws and never under the influence of alcohol or drugs.
Basic maintenance: make sure the vehicle has sufficient fuel, and check and report any change in fluid levels or warning lights. Report any incident to the hire company during the hire period as soon as possible.
Lock the vehicle whenever it is left unattended and keep the keys secure.
Park it in a safe place and do not leave personal belongings visible inside.
Pay any fines, penalties or charges imposed in connection with the use of the vehicle during the hire period.
The Hirer is expressly prohibited from: – Pushing or towing any vehicle or any other object, whether wheeled or not. – Taking part in competitions, official or otherwise. – The paid transport of persons and/or goods. Driving the vehicle under the influence of alcohol, narcotics or drugs. – Carrying a number of people or amount of luggage exceeding that authorised and shown on the vehicle’s Technical Inspection Certificate. – Driving on roads unsuitable for traffic, unsurfaced roads and in restricted areas. Driving the vehicle outside Spain (to Gibraltar and Portugal only on prior request and with a possible additional cost). – The Hirer shall not assign, sub-hire, pledge, sell or mortgage the vehicle or any part or accessory thereof. – Tampering with any part of the vehicle, mechanical or otherwise, whether by the Hirer or by third parties, including garages, without the express written authorisation of the Hire Company.
In the event of an accident or theft of the vehicle, the customer must report it accurately to the hire company as soon as possible by any means and confirm it in writing to the email address: administracion@marbellarentacar.es
In the case of an accident or theft, a European Accident Statement form must be completed; this will only be valid if all details are filled in correctly and accurately. In the case of a serious accident, or one requiring it even if not serious, and in the case of theft, this must be reported to the police as soon as possible. Failure to submit the European Accident Statement will result in the full cost of the damage being charged by the hire company.
The transport of animals, whether alive or dead, inside the vehicle covered by this agreement is expressly prohibited, regardless of species or size, unless the Hire Company has given its prior written authorisation
Accidents
In the event of an accident or a criminal act committed against the vehicle, the Hirer is obliged to notify the Hire Company immediately of any incident relating to the hired vehicle. If necessary, call only the roadside assistance telephone numbers provided by the Hire Company in the hire agreement, and do not accept any such service from third parties. Notify the authorities immediately if the other party is at fault. Obtain the full details of the other party, completing the form provided with the vehicle documentation, which must be sent to the Hire Company urgently. Do not admit or prejudge liability for the incident. Do not abandon the vehicle without taking appropriate measures to protect it from further damage, and in any event wait for roadside assistance.
Breakdowns and repairs
The Hirer must inform the Hire Company within a maximum of 24 hours of any loss, damage or breakdown suffered by the vehicle, and if this prevents it from being driven safely, it must not be used until the damage or breakdown has been repaired. If necessary, call only the roadside assistance telephone numbers provided by the Hire Company in the hire agreement, and do not accept any such service from third parties. Mechanical wear resulting from normal use of the vehicle is borne by the Hire Company. However, the Hire Company will not reimburse the Hirer for any repair costs that have not been expressly authorised by the Hire Company.
Insurance
The insurance arranged by the Hire Company covers the Hirer and authorised driver under this agreement for third-party liability, bail bond and legal defence that may be required of the driver. The Hirer’s liability for damage caused to the hired vehicle is fully covered in cases of theft or fire, and limited to the excess amount stated on the front of the agreement, provided that the corresponding premium has been taken out and paid.
The insurance does NOT cover: incidents caused by driver negligence: theft, larceny or misappropriation of the vehicle while in the Hirer’s custody, if the Hirer does not hand over the original vehicle key and a police report duly completed, signed and stamped by the relevant Authorities. * A driver not holding a current driving licence. * Theft, loss of, or damage to, property carried and/or left in the vehicle. Punctures, and damage to tyres, wheels, clutch, steering system and the underbody, including the sump, that is not the result of normal wear and originates from incorrect use of the hired vehicle. * Loss of or damage to documents, tools and accessories, including keys, damage to reflectors, headlights and glass, incorrect refuelling, together with the costs relating to each of the items detailed, as well as all fines and legal and administrative costs arising from traffic offences or laws relating to the use of the vehicle, duly evidenced by invoices and corresponding charges. – The vehicle being out of service (charged at the Hire Company’s current retail rate at the time). * Excessive damage or soiling to upholstery, dashboard, seats and carpets not resulting from normal use. – Damage suffered by the vehicle in the prohibited circumstances set out in clause 2 and in cases of incompetence, gross negligence or recklessness in driving.
Personal data
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD), the Hire Company informs you that the personal data provided in this agreement will be processed for the purpose of managing the contractual relationship and providing the hire service contracted. Furthermore, provided the customer gives express, unambiguous consent by ticking the box provided for that purpose, their data may be used to send commercial communications about our services and promotions. The customer may exercise their rights of access, rectification, erasure, restriction of processing, portability and objection at any time by writing to MARBELLA RENT A CAR. Registered office: Ctra. de Guadalmar N36, 29004 Málaga, or by email to administracion@marbellarentacar.es, enclosing a copy of a document proving their identity. The customer also has the right to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) if they believe that the processing of their data does not comply with current regulations.
Your data will not be shared with third parties, except where required by law.

Jurisdiction and governing law
This agreement and its general conditions shall be governed by and construed in accordance with the laws of Spain in force. Any dispute arising from the interpretation, performance or execution of this agreement shall be submitted by both parties to the Courts and Tribunals of the place of performance of the obligation, with express waiver of any other jurisdiction that might otherwise apply, save where consumer protection legislation establishes a different mandatory jurisdiction in favour of the Hirer where the Hirer has the status of a consumer.