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Terms and conditions

SPECIFIC RENTAL CONDITIONS

  1. The applicable price includes:

-VAT, Fees and Local Taxes.

-Unlimited kilometres

-The Compulsory automobile Insurance coverage and the Complementary Civil Liability insurance coverage for damages and loss caused to third parties as a result of using and driving the vehicle and the damage caused to the vehicle owned by Alicante Airport Car SL with Tax ID number: B-04933107 (referred to hereinafter as TopGear Mobility) apart from negligence.

-Two drivers.

-Same/same fuel policy.

-Drop off and pick up at the airport of Alicante and shuttle bus service to and from the airport terminal at the airport of Mallorca.

  1. The price does not include:

-The cost of renting a car seat for a child. (6.00 EUR per day with a maximum of 14 days, 84 EUR)

– Drop off and pick up anywhere other than the agreed place in point 1 (charge by mileage calculation).
– Out of hours Fee (applicable from 23.00 to 06.59) for pick-up and return: 25 EUR for each service.
– Additional drivers from the third will have an extra cost of €50 each for the total rental period with a maximum of 4 drivers per rental.

-Young driver Fee: from 21 to 24 years old will be applied a charge of 7.5 EUR per day (minimum charge of 4 days 30 EUR, max. 14 days 105 EUR)

  1. Important information:

-The passport or DNI (Spanish National Identification Card), a driving license that is legally valid in Spain and a credit or debit card that is in force must be presented when picking up the vehicle if the payment for the rental is pending.

– €200.00 will be charged per day of delay if the vehicle is returned more than 45 minutes after the expiry time stated in the rental agreement plus the corresponding amount for the additional days of renting the vehicle, (with a minimum of €200.00 and one rental day).

-The rental does not necessarily have to be associated with a specific vehicle (make-model, colour, equipment, etc.) but rather a group of vehicles that have similar technical and occupancy characteristics.

-If the lessee gets a fine when using the vehicle while this rental agreement is in force, they shall be held responsible for paying the fine, and they shall also be charged €25 for having to process the fine.

-If the flight is diverted to another airport the lessee is responsible for getting to the corresponding airport and informing TopGear Mobility about this.

-TopGear Mobility is entitled to cancel the rental of the vehicle if there are any well-founded doubts about the financial capacity of the lessee or if they have any past history of non-payments or serious incidents with TopGear Mobility.

-If there is an accident or the vehicle breaks down due to negligence TopGear Mobility shall not replace the vehicle for the lessee.

-Special cleaning: if the lessee returns the vehicle in a filthy condition (vomit, rubbish, sand, dog hair, fur or feathers from other pets, etc.) or if it smells bad (it is prohibited to smoke inside the cars) TopGear Mobility shall charge a fee of between €30 and €150.(excluding taxes).

-Cancellation conditions for prepaid reservations: To obtain a refund of the prepaid amount. If you book with TopGear directly and you cancel more than 48 hours in advance, you’ll get a full refund. If the cancellation is made between 48 hours and 24 hours before your arrival, a 50% refund will be made. If the cancellation is within 24 hours before your arrival, no refund is applied. If the reservation is prepaid to a third company (intermediary), TopGear is not responsible for refunding the amount.

These particular conditions will prevail over the general ones.

GENERAL RENTAL CONDITIONS

  1. – SUBJECT MATTER OF THE CONTRACT

The lessee must be at least 21 years old and has the driving license for a minimum of one year (rentals to drivers under 21 years or with less than one year of driving license is not permitted) to rent the vehicle that is described in the rental agreement, which is in perfect working order, with all its corresponding documents, tyres, tools and accessories and they agree to keep these in perfect condition and drive the vehicle in compliance with the Highway Code regulations, as well as those provided for in these General Conditions.

  1. – TERM OF THE AGREEMENT

The term of the agreement is established herein, where it specifies the date and the time when the vehicle can be picked up and when it has to be returned.

If the lessee decides to terminate the Agreement ahead of time, the amount for the days that the vehicle has not been used (including taxes) shall not be refunded.

  1. – EXTENSION OF THE AGREEMENT

The lessee must return the vehicle on the aforesaid specified date and time. If the lessee wants to prolong the rental period, they must get in touch with TopGear Mobility to inform it and see whether the vehicle is indeed available. If the Agreement is extended, the lessee must pay the additional amount for this extension through the payment link that TopGear Mobility will send them.

If the Agreement cannot be prolonged because there are no vehicles available or for any other reason, the lessee must return the vehicle on the date, to the office and at the time agreed upon.

  1. – CONDITIONS ABOUT RETURNING THE VEHICLE

The lessee shall return the vehicle rented in the same conditions as when they picked it up, with all its documents, tyres, tools and accessories, in the place, on the date and at the time established in the rental Agreement.

The fuel must be at the same level when you return the vehicle, otherwise a refuelling service charge of 20EUR may be applied, in addition to the lack of fuel per litre (variable depending on the market price).

The lessee cannot modify any technical feature of the vehicle, the keys, equipment, the tools and/or any of its accessories or change its exterior and/or interior appearance in any way. Otherwise, the lessee shall be charged the expenses incurred in having to restore the vehicle back to its original state regardless of any damage or loss caused to TopGear Mobility as a result of reconditioning the vehicle for the length of time that it is not roadworthy, as well as any other type of inconvenience for TopGear Mobility.

  1. – EFFECTS OF NOT RETURNING THE VEHICLE OR LATE RETURN (MORE THAN ONE HOUR)

Abandoning or returning the vehicle somewhere other than the place established in the Agreement, shall entitle TopGear Mobility to demand:

  1. i) the corresponding amount of renting the vehicle for the extra days necessary to get the vehicle back and make it available to be rented again;
  2. ii) additionally compensation for €200 a day shall be charged for the economic losses caused and

iii) the lessee shall also be charged the costs of the transfer/tow truck, toll roads and guard/safekeeping to return it, -where appropriate- to the place agreed upon in the agreement.

TopGear Mobility is entitled to take the appropriate legal action with the competent authorities, if the vehicle disappears or is not returned, and the lessee shall be held accountable for all the corresponding legal and juridical consequences.

The one-sided extension of the term of the Agreement by the lessee shall be considered to be unauthorised use of the vehicle and consequently the lessee shall be held liable for any damage caused due to this.

  1. – PAYMENTS AND PAYMENT METHODS

6.1 Payments:

The Lessee agrees to pay TopGear Mobility:

The charges for renting the vehicle, insurance, and taxes established in the existing price list of TopGear Mobility, which the lessee has been notified of in advance. The price agreed upon initially, which is charged, is subject to the vehicle being returned to the place, on the date and at the time and in the conditions established in the agreement. The prices might vary according to the season and the office, which means that before renting the vehicle, the lessee shall be responsible for checking the price that is going to be charged.

  1. b) Any other extras required by the lessee, in accordance with the contractual and commercial conditions offered by TopGear Mobility.

6.2 Payments associated with the lessee misusing the vehicle or errors made by the lessee:

The lessee, after renting the vehicle, agrees to pay TopGear Mobility the amounts associated with the following concepts:

  1. a) The expenses incurred for the ‘special clean’, (Condition 3 of the specific rental conditions)..
  2. b) The expenses incurred in losing the keys of the vehicle, and/or sending the set of keys of the vehicle or the tow truck.
  3. c) The expenses incurred in the loss, deterioration or damage done to tools, accessories, the inside of the vehicle, as well as problems related to the vehicle being filled up with the wrong type of fuel.
  4. d) The toll roads, fines, penalties and legal fees associated with driving offences or the violation of laws, regulations or ordinances, (including the charges for the congestion or restriction of the road traffic, where appropriate,) incurred by the lessee while this Agreement is in force, which have been paid by TopGear Mobility.
  5. e) Regardless of the aforementioned TopGear Mobility is entitled to charge the lessee another €25 for the administrative costs incurred in having to process the aforesaid acts and deal the corresponding authorities.
  6. f) The costs of repairing any damage done to the vehicle if it has been involved in an accident, when any of the following circumstances occur:

– The vehicle is not used in accordance with the conditions established herein. (Point 9 of the general rental conditions).

– The damage is a result of an accident caused by the lessee failing to judge the height of the vehicle correctly.

TopGear Mobility shall directly charge the lessee the corresponding expenses incurred in the aforementioned by sending them a payment link or the equivalent used to rent the vehicle.

In all the cases, TopGear Mobility shall inform the lessee immediately of the amount charged and the reasons why and it shall give the lessee all the information possible about this.

The amount that the lessee is charged for any damage done to the vehicle, shall be calculated bearing in mind the external expert valuation given to TopGear Mobility.

TopGear Mobility is therefore entitled to charge the lessee for compensation for the loss of profits due to the vehicle not being roadworthy as a result of the damage caused. This compensation shall be calculated according to the number of days it takes to repair the vehicle, which has been established by an external expert for TopGear Mobility or, once the repair work has been done, in this case a day is calculated as being every eight hours of work done by the mechanics at the garage that is in charge of repairing it and the daily labour costs are used as the quantification base, plus another €50 for the days scheduled for the repair work.

The market value of the vehicle shall be the maximum liability of the lessee.

6.3 Payment method:

The accepted payment methods are:

  1. a) Payment link. Prepaying the booking before picking up the vehicle.
  2. b) VISA debit or credit card or MasterCard, Maestro, Union Oay, JCB and V pay when the vehicle is collected.

The card must bear the name of the person who is the mentioned in the Rental agreement as being the lessee. When the vehicle is picked up one credit or debit card that bears the name of lessee stated in the rental agreement must be presented to pay for the booking. Please note that cards without the driver’s name will not be accepted. This company will not accept prepaid or recharge cards.

  1. – INSURANCE AND COVERAGE

The TopGear Mobility insurance coverage shall be valid as long as the following conditions are complied with:

  1. a) The lessee, in the event of a crash, shall send TopGear Mobility, within forty eight hours after the accident happened, all the data about the other party and any possible witnesses, by filling in an accident report called the ‘Declaración Amistosa de Accidente’ (Mutual Declaration of the Accident Report) stating the license plate number, the name and the address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, whenever possible, the insurance policy number, which is all signed by both the drivers involved in the accident.
  2. b) The insurance company does not reject the claim, as a result of the lessee not driving the vehicle in the physical and mental conditions required by the Highway Code.
  3. c) The collision, theft, fire or act of vandalism does not occur when the vehicle is being used without authorisation.
  4. d) The lessee has informed TopGear Mobility about the crash, theft, fire or act of vandalism affecting the vehicle within forty eight hours after it happened and supplies the appropriate documentation (accident report, statement made to the authorities, etc.).

The following is SPECIFICALLY EXCLUDED FROM THIS INSURANCE COVERAGE:

  1. a) The damage to the inside of the vehicle.
  2. b) Flat tyres or blowouts due to negligence by the client or unauthorized use (point 9).
  3. c) Damage done to the clutch and the gear box.
  4. d) The days that the vehicle is not roadworthy until it is repaired if caused by points a,b or c in this specific section of the contract.
  5. e) The expenses incurred for the tow truck if caused by points a,b or c in this specific section of the contract.
  6. f) Having to recharge the battery.
  7. g) Mistakes made by filling the vehicle up with the wrong type of fuel and the damage done to the vehicle as a result of this.
  8. – OBLIGATIONS OF THE LESSEE IN THE EVENT OF AN ACCIDENT AND OTHER CIRCUMSTANCES

In the event of an accident, the lessee agrees to:

  1. a) Obtain and send TopGear Mobility within forty eight hours after the accident happened, all the data about the other party and any possible witnesses, by filling in an accident report called the ‘Declaración Amistosa de Accidente’ (Mutual Declaration of the Accident Report) stating the license plate number, the name and the address of the other party, the circumstances of the collision, a sketch of the accident, the name of the insurance company and, whenever possible, the insurance policy number, which is all signed by both the drivers involved in the accident.
  2. b) Notify the authorities immediately if the other party is guilty and must be investigated or if anyone was injured.
  3. c) Not abandon the rental vehicle, without taking the appropriate measures to protect it.

In the event of vandalism, fire, theft or the disappearance of the vehicle, the lessee agrees to inform TopGear Mobility immediately about it and report the events to the appropriate authorities, and a copy of the statement made must be supplied to TopGear Mobility inside a maximum period of 72 hours.

  1. – UNAUTHORISED USE

The lessee must use the vehicle with due diligence, in accordance with its features, and respect the Highway Code that is in force and avoid, in any case, any type of situation that might cause damage to the vehicle or third parties.

Moreover, the lessee must ensure that nobody drives the vehicle apart from the individuals authorised to do so as established in this Agreement, and if they do, the lessee shall be held directly responsible for any damage or loss caused to the vehicle or to third parties due to this.

Anything that does not comply with the terms established herein shall be considered to be unauthorised use.

The lessee shall be held fully responsible for the damage done to any parts inside or on the outside of the vehicle due to the unauthorised use of it.

The unauthorised use includes, although it is not limited to, the following cases that are mentioned by way of example:

  1. a) Pushing or towing another vehicle.
  2. b) Driving anywhere that is not suitable for public transport, such as for example, beaches, race tracks, forest trails, minor roads, etc.
  3. c) Driving on dirt roads or paved roads that are in very bad condition, which could damage the undercarriage of the vehicle.
  4. d) Driving the vehicle in restricted areas, including, runways and other roads associated with aircraft and/or military use.
  5. e) Negligent behaviour when the warning lights on the dashboard go on in the rental vehicle, which the lessee states they are aware of when they sign this agreement.
  6. f) Transporting goods or animals and in particular dangerous, inflammable substances and/or substances that might damage the vehicle or are toxic for its occupants.
  7. g) Transporting people or goods that the lessee gets paid for either directly or indirectly.
  8. h) The subleasing of the vehicle.
  9. i) Using the vehicle for any illegal activity.
  10. j) Transporting more people or luggage than the amount authorised for the vehicle in question.
  11. k) Tampering with or manipulating the odometer. TopGear Mobility must be informed immediately if it does not work properly.
  12. l) Transporting any luggage or anything else on the roof of the vehicle even if an appropriate roof rack or cargo carrier is used for this including any attachment to the rear of the vehicle such as bicycle holders etc.
  13. m) Leaving objects anywhere visible inside the vehicle, which might get stolen and therefore damage would be done to the vehicle.
  14. n) Leaving the inside of the vehicle dirtier than what would be expected from using it in a sensible and careful manner.
  15. o) Driving the vehicle when drowsy, sick or under the influence of alcohol, medication or drugs.
  16. p) Reckless driving.
  17. q) Using the vehicle to teach learner drivers in any circumstance and/or teaching anyone special driving skills.
  18. r) Driving in such a way that the Highway Code is violated.
  19. s) Letting someone drive the vehicle, if they have not been authorised to do so in the agreement, either as the lessee/s or as the additional drivers.
  20. t) The lessee shall not be allowed to drive the vehicle outside Spain. If the vehicle is collected in an office on one of the islands, the lessee cannot travel to the mainland to use the vehicle. Vehicles that are rented on an island cannot be shipped over to the Spanish mainland. Furthermore, vehicles that are rented on the Spanish mainland cannot be shipped over to any of the islands, under a penalty of €600 if this happens.
  21. u) Use of the vehicle after the rental period has ended.
  22. v) To all intents and purposes, please be informed that, for safety matters, a part of our fleet is equipped with GPS tracking units. The company shall only access the location data if (i) it is alerted that the system has been disconnected or disabled, and/or (ii) the vehicle is not returned. The lessee is aware of and acknowledges this, and in any case they shall abstain from hindering or stopping it from working properly.

The unauthorised use by the lessee shall entitle TOPGEAR MOBILITY to terminate the Rental Agreement ahead of time due to the lessee failing to comply with the terms of the agreement and, where appropriate, it shall claim compensation for the corresponding damages and loss.

  1. – JOINT AND SEVERAL LIABILITY.

All the lessees and/or additional authorised drivers shall be held jointly and severally liable for upholding the obligations assumed by the lessee in the Agreement and those of the applicable laws.

  1. – THEFT AND THE LOSS OF PERSONAL BELONGINGS

TopGear Mobility is not responsible for any belongings that are stolen, forgotten or lost inside the vehicle.

  1. – OFFICIALLY APPROVED CHILD RESTRAINT SYSTEMS.

If children under the age of three or older, who are shorter than 150 centimetres are going to be travelling in the vehicle, the lessee must inform TopGear Mobility so that is can provide the lessee with the corresponding officially approved child restraint system in accordance with the weight and the height of the child or person who must use it, before paying the corresponding rental fee and without fitting the system in the vehicle. The lessee shall always be responsible for installing it in the vehicle.

  1. – PROCESSING OF PERSONAL DATA.

Additional information about Data Protection

13.1. DATA CONTROLLER Who is the data controller of your personal information?

Identity: ALICANTE AIRPORT CAR SL

Address: Cr. Murcia-Alicante pk 688 Rotonda El Palmeral, P.C..:03300, Orihuela, ALICANTE

Email address: info@topgearcarrentals.com

13.2. PURPOSES What do we process your personal data for?

In compliance with the provisions established in the European Regulation 2016/679 on the General Protection of Data, as well as in any national law that might be applicable, we hereby inform you that at ALICANTE AIRPORT CAR SL we process the personal data that you provide us with for the following purposes:

(i) Manage the contractual relationship that consists in the rental of vehicles;

(ii) Process and invoice the rental of vehicles;

(iii) Process any possible incidents including accidents that might happen while the vehicle is being rented;

(iv) with the administrative procedures and correspondence that might be associated with the contractual relationship;

(v) Keep you updated, by email or using any other equivalent means, about all the offers, products, services and sales promotions, of the rental company itself and those of third parties, which might be of interest to you;

(vi) Carry out marketing activities of companies from the transport and tourism sectors that are involved in the activities organised by ALICANTE AIRPORT CAR SL;

(vii) Draw up a business profile based on the evolution of the commercial activity related to the bookings made. To this end, we hereby inform you that automatic decisions shall not be made based on this profile.

13.3. PERIOD THAT THE DATA IS KEPT How long is your data kept for?

We hereby inform you that your data shall be kept for as long as it is necessary to provide the services or for as long as the contractual relationship is in force, and in any case for as long as you do not ask to have it removed, as well as for the time required to comply with the corresponding legal obligations according to the type of data in question.

13.4. LEGITIMIZATION What is the justification for processing your personal data?

The legitimate basis for processing your personal data lies in:

The legal basis of processing your personal data for the procedures (i), (ii), (iii) and (iv) stated in section 2 is based on the execution of an agreement with TopGear Mobility, which is related to the services that you have requested from us.

Furthermore, the legitimate basis for processing your personal data for the procedures stated in sections (v), (vi) and (vii) is based on your clear consent that is given for each purpose when your personal data is obtained through the bookings for vehicles.

13.5. RECIPIENTS Who does your personal data get passed on to?

Your personal data shall be passed on to third parties to process the payment of the bookings made (i.e. banks and/or finance companies that own the payment methods used, payment gateways).

Additionally, TopGear Mobility can pass on your data to insurance companies to deal with and process the claims made during the rental period.

Moreover, your data might also be passed on to public authorities and agencies (administrative or legal) in cases where it is established and required by law.

13.6. RIGHTS What are your rights when you provide us with your personal data and how can you exercise them?

You are entitled to access your personal data, and ask to have any data that is incorrect rectified or, where appropriate, ask to have it removed, where, among other reasons, the data is no longer necessary for the purposes for which it was initially obtained.

In certain circumstances, you can ask to have the processing of your data restricted, in which case we shall only keep it to make or defend ourselves against claims made.

In certain circumstances and for reasons related to your particular situation, you can object to the processing of your data. TopGear Mobility shall then stop processing the data, unless it is for compelling legitimate grounds, or to make or defend itself against any claims made.

Furthermore, you can exercise the right to data portability, and withdraw your consent that you provided previously at any time, without this affecting the legality of the data processing based on the consent before it was withdrawn.

If you would like to exercise any of your rights you can send us a letter that is sent to the Customer Service Department of TopGear Mobility, to the address Torrellano Alto Pol.3, N.116, P. C.:03320, Torrellano, ALICANTE.

The request to exercise any of your rights must be accompanied by an official document that identifies you (DNI or another document proving your identity).

  1. – CUSTOMER CARE.

To request any information or to make a suggestion, complaint or claim, you can write to TopGear Mobility, Customer Service Department, Torrellano Alto Pol.3, N.116, and P.C.:03320, Torrellano, ALICANTE, Tel. (+34) 6101712185, or send us an email to info@topgearmobility.com or go through the f the website https://topgearmobility.com/ for more details.

  1. – OWNERSHIP OF THE FLEET, LEGISLATION AND APPLICABLE JURISDICTION.

The company Alicante Airport Car SL is entitled to use the vehicles rented to its clientele in accordance with these general rental conditions.

This agreement shall be governed and interpreted pursuant to the Spanish laws. TopGear Mobility states its intention to settle any type of dispute amicably. If this is not possible, any dispute that might arise between the parties shall be submitted to the Courts and Tribunals of the city of Elche when the contracting party is a business.

When the lessee is a «consumer» (pursuant to the applicable regulations) and they are not satisfied with the answer given by the Customer Service, they can seek help free of charge from a consumer affairs mediator.

  1. – TRANSLATION.

The translations of these general conditions are merely for informative purposes and the content of such is not legally binding; only the version written in Spanish is valid.

Alicante:
Ctra. de Torrellano al aeropuerto, n°116, pol.3, 03320 Torrellano, Alicante, Spain
Mallorca:
C/ Canal de Sant Jordi 15, Palma 07199
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