Legales
1.1-The leaseholder is the private legal entity under the law, duly identified in the heading on the front of this document, hereinafter referred to as 1-2-3 auto rental.
1.2-The renter is the individual or legal entity, duly identified on the front of this document, hereinafter referred to as the client, who is responsible for the full compliance and observance of this contract.
1.3-The user is, for legal purposes, the person authorized by the legal entity, indicated by the latter as jointly and severally liable for the reception of the vehicle, contracting of additional services and signature of the present contract.
1.4-The authorized driver is the natural person, indicated by the client, who may also drive the rented vehicle, not being a contracting party nor possessing the powers to extend the term or alter any condition or term of this contract.
1.5-The client, the user and the authorized driver must be over 21 (twenty-one) years old and have a valid driver's license for more than 2 (two) years and be fully capable of driving the rented vehicle, in accordance with the requirements of the traffic legislation.
2. OBJETC2.1-Rental of vehicles owned, possessed, used or enjoyed by the leaseholder, by the client, for a determined term, for use exclusively in the national territory, observing the terms and limits of its use set forth below and other provisions of this contract.
3. PRICE3.1-The total value of the rental shall be calculated at the time of return of the rented vehicle, or in the event of any hypothesis of termination of this contract, comprising the sum of the values of the following items: daily, overtime, excess kilometers, protection for risk coverage, protection for additional driver, return rate, service rate, rate for delivery or return of vehicle to home, washing rate, chauffeur service; current or to be created municipal, provincial and/or national fees and/or taxes, financial costs due to late payments, out of business hours delivery fee, fuel replacement or replenishment, compensation for loss and/or loss of profit in case of theft, robbery, fire, accident and/or misappropriation.
4. RESPONSIBILITIES OF 1-2-3 AUTO RENTAL4.1-Deliver the vehicle to the client in a clean, stocked, in perfect working and safety conditions and with all the equipment and documents required by law.
4.2-Guarantee the service with the vehicle of the reserved category or higher in case of not having the reserved category at the time of delivery.
4.3-Replace the vehicle at no cost to the client in case of failure due to electro-mechanical malfunction caused by the normal use of the vehicle.
4.4-To provide, through its maintenance centers, and during business hours, technical-mechanical assistance.
5. RESPONSIBILITIES OF THE CUSTOMERThe customer is obliged through this contract to:5.1-Not to infringe by himself or by authorized driver, either voluntarily or involuntarily, any of the clauses and conditions of this contract.
5.2-To be responsible for the safekeeping, custody and proper use of the rented vehicle and its accessories during the rental period, in accordance with the purposes and limits set forth in this contract, until its effective return.
5.3-Not to allow the use of the vehicle to any driver other than the one duly identified as authorized driver on the front of this contract.
5.4-To use the vehicle only in national territory, being expressly forbidden (except pre agreed) to cross any border with the rented vehicle. The rented vehicle may not be used for any purpose other than that specified by the manufacturer, nor may it be used to haul or tow another vehicle, participate in races, tests or "picadas"; instruction of persons not authorized to drive; transport explosives, fuels and/or chemical or inflammable materials; drive on sand dunes or beaches or for any illegal purpose.
5.5-To acknowledge and assume, with the lease and the effective reception of the vehicle, the legitimate and autonomous possession of the vehicle for all legal purposes, without legal or contractual solidarity with 1-2-3 auto rental, releasing it from any liability for the use and/or circulation of the vehicle, accidents and/or traffic offenses, during the lease period in accordance with article 1113 and concordant articles of the argentine civil code.
5.6-Not to make any repair or authorize any service on the rented vehicle without the express and prior written authorization of 1-2-3 auto rental. Otherwise, siete colores rent a car will not reimburse the customer for the corresponding expenses incurred.
5.7-Return the rented vehicle on the date, time and place previously agreed upon and stated on the front of this contract. Any request for extension shall be requested by the client in writing in a reliable manner.
5.7.1- In the event that the rented vehicle, for any reason, is removed by the competent authorities or is involved in theft, robbery, accident and/or fire, siete colores rent a car shall only acknowledge the return of the vehicle and termination of the rental when in physical position of the vehicle is in order.
5.7.2- The delay in returning the vehicle automatically configures the misappropriation. Once the misappropriation is characterized, the client will be subject to the resulting criminal and civil actions, and will also bear all the judicial or extrajudicial expenses that 1-2-3 auto rental may incur in the search, recovery and effective reinstatement of the possession of the rented vehicle.
5.8-Accept the call to lawsuits in which siete colores rent a car is sued by third parties to assume the responsibilities that may be incurred or to ensure the rights of the rented vehicle and or to ensure the regressive rights of 1-2-3 auto rental.
5.9-Recognize that the indemnification liabilities of 1-2-3 auto rental are limited to those contractually defined, and that the customer shall bear all the costs that may arise in court or out of court.
5.10-In case of accident, theft, robbery or fire of the rented vehicle, to notify reliably what happened to 1-2-3 auto rental, all this within 48 (forty-eight) hours of the occurrence of the event and make the corresponding report to the competent police department within a maximum period of 24 (twenty-four) hours from the event or since it was taken knowledge of it, requiring the respective certified proof, which shall be delivered to 1-2-3 auto rental at the time of filing the administrative report of the loss with the leaseholder.
5.11-Acknowledge that 1-2-3 auto rental, after being notified of the existence of a traffic ticket/infraction originated during the rental period, will manage the payment of the fine and will immediately collect from the client what has been paid with more than 10 (ten) % of surcharge for administrative management, constituting a debt, as in the cases of judicial dispute.
5.12-Recognize and make the payment of the debits derived from the rental according to clause 3.1, being 1-2-3 auto rental authorized to charge directly, through banks, or debit automatically this value in its credit card, through the system of archivated signature, the same generated after the closing date of the present contract. The customer is always directly responsible for the due compensations to 1-2-3 auto rental, without prejudice to the exercise of its possible rights of repetition against the third parties causing the damages. Any payment due to 1-2-3 auto rental and made in arrears will be charged interest for late payment according to the current rates.
5.13-The contravention of any national, provincial or municipal traffic regulation that causes damages to third parties or the rented car, will cause the client to lose the contracted protection, making him/her civilly and criminally liable for what his/her illegal conduct may cause.
6. PROTECTIONSAs long as contracted, with formal and anticipated adhesion on the part of the client, the protections cover:6.1-Total risk coverage: total protection of the rented vehicle in case of theft and/or collision, not including theft, accessories or overturning of the rented vehicle.
6.2-Partial risk coverage: partial protection of the rented vehicle in case of theft, robbery, fire and/or collision with participation at the customer's expense up to the limits set forth on the front of this contract as follows:
6.2.1-Franchise A: in case of theft, robbery, fire or collision.
6.2.2-Excess B: in case of rollover.
6.3-The loss of the contracted protections shall occur when:
6.3.1-The client fails to file the police report in accordance with the terms and conditions set forth in item 5.10.
6.3.2-The rented vehicle is lent or transferred to third parties without prior authorization from 1-2-3 auto rental.
6.3.3-Serious fault is proven, characterized by the most serious infractions explicit in the argentinean traffic code, either by description in the police eport, or by judicial sentence.
6.3.4-The client proceeds with manifest negligence in the custody and/or use of the rented vehicle, or proceeds with malice in case of traffic accident or any other event that may involve him/her.
6.4-In case of loss of protection, the customer will directly bear all costs arising from any situation and its consequences, including third parties injured, either judicially or extra judicially, in addition to lost profits, without prejudice to compensation to 1-2-3 auto rental for any compensation that it has to bear arising from the conduct of the customer, the user or the other authorized drivers.
6.5-There is no coverage for fraud and/or improper use of the vehicle; theft, when the keys and documents of the vehicle are not returned; loss of keys and/or documents of the rented vehicle; towing or hauling expenses; moral damages; professional services of lawyers and/or agents.
7. TERMINATION7.1-This contract will be considered automatically terminated by 1-2-3 auto rental without this granting the customer any right of retention or action of indemnification, reparation, and/or compensation, when:
7.1.1-The vehicle is not returned on the date, time and place previously coordinated on the front of this contract.
7.1.2-For all the effects of the present, the parties constitute domicile in those indicated on the front of the present, and submit to the jurisdiction of the ordinary courts of the province of Rio Negro with express waiver of any other.