GENERAL TERMS AND CONDITIONS OF RENTAL
MOTOR CLEB S.L.
1. LEGAL INFORMATION AND PURPOSE
These General Conditions regulate the driverless vehicle rental service—cars and motorcycles—offered by MOTOR CLEB S.L., a Spanish company, with NIF B88711809, registered and tax office at Avinguda de la Gran Via de l’Hospitalet, 144, 08907 L’Hospitalet de Llobregat, Barcelona, and operating headquarters in the parking lot of the Hyatt Regency Barcelona Tower.
Contact email: info@motorcleb.com.
The reservation of any vehicle implies the full acceptance of these conditions by the client, hereinafter referred to as the Lessee.
2. DRIVER AND SECOND DRIVER REQUIREMENTS
Age and experience: a minimum age of 25 years is required for cars, with at least 2 years of holding the driving license. For motorcycles, the applicable legal minimum age according to cylinder capacity and license type is required.
The Lessee must present a valid DNI, NIE or passport, as well as a valid and current driving license for the reserved vehicle.
Second driver: driving is reserved for the holder of the contract. A second driver is permitted only if the corresponding supplement has been contracted and their original documentation has been previously presented.
Driving by an unauthorized person constitutes a serious breach of contract and may exclude voluntary coverage. In such case, the Lessee will be liable for uncovered damages and amounts that the insurer, if applicable, may claim back from them.
3. RESERVATIONS, DEPOSIT AND PAYMENTS
Security deposit: the deposit is mandatory and must be formalized by bank card before the vehicle is handed over, either by payment, pre-authorization, blocking or any equivalent system accepted by Motor Cleb S.L.
Release of the deposit: the release of the deposit or pre-authorization will be carried out within a maximum period of 7 working days from the return of the vehicle if no immediate incidents are detected.
The foregoing does not prevent Motor Cleb S.L. from subsequently claiming or charging amounts derived from the rental that are known at a later date, such as fines, tolls, damages not initially visible, third-party charges, tow trucks, workshops, municipal deposits or administrative payments.
In case of damage, lack of fuel, delays, extraordinary cleaning, exceeded mileage or pending third-party charges, Motor Cleb S.L. may maintain the justified temporary retention until its final payment.
Extensions: any extension of the rental requires written authorization from Motor Cleb S.L. and prepayment. Driving with an expired contract constitutes a serious breach that entitles the Lessor to recover the vehicle and exercise the corresponding civil and criminal actions.
3 BIS. TOKENIZATION OF PAYMENT METHODS, AUTOMATIC COLLECTION AND ADDITIONAL CHARGES
In order to facilitate the reservation process, ensure vehicle availability, manage the security deposit and allow the collection of amounts derived from the rental contract, the Lessee expressly authorizes Motor Cleb S.L. so that, at the time of making a reservation, online check-in, face-to-face payment or pre-authorization in POS, the payment gateway, bank entity or authorized provider proceeds with the secure tokenization of the bank card or other payment method provided.
Tokenization implies the technical and secure storage of payment data through an authorized provider, banking entity or certified payment gateway, without Motor Cleb S.L. having direct access to the complete details of the card. This tokenization allows the payment method to be associated with the reservation and to execute charges linked to the contractual relationship derived from the rental.
The Lessee expressly authorizes Motor Cleb S.L. to use the payment method provided and/or tokenized to carry out, before, during or after the rental, the following charges:
a) Total or pending amount of the reservation, including rental, extras, insurance, excess reductions, kilometer packs, accessories, deliveries, collection or other contracted services.
b) Security deposit, pre-authorization, blocking or equivalent charge, according to the conditions of the reservation.
c) Damage caused to the vehicle, accessories, keys, documentation, equipment or elements delivered with the vehicle, including costs of repair, replacement, expert appraisal, diagnosis, transport, management or loss of use.
d) Excesses, penalties or amounts not covered by insurance, when applicable in accordance with the contract, the contracted plan or the applicable exclusions.
e) Fuel costs, refueling errors, recharging, extraordinary cleaning, additional mileage or late return.
f) Fines, penalties, tolls, parking charges, tow trucks, municipal deposits, taxes, administrative expenses or any liability derived from the use of the vehicle during the rental period.
g) Penalties for breach of contract, improper use, driving by an unauthorized person, use outside permitted areas, access to circuits, unauthorized off-road use, loss of keys, documentation or accessories.
h) Any other cost duly justified in accordance with these General Conditions, the rental contract, the delivery/return report or documentation issued by third parties.
Additional charges may be made once the incident has been verified, and the corresponding quotation, invoice, penalty, settlement or third-party charge has been received.
In some cases, especially fines, tolls, tow trucks, deposits, administrative charges, repairs or insurance company settlements, these amounts may be known or received after the return of the vehicle.
Motor Cleb S.L. will inform the Lessee of the reason for the charge and, where possible, will provide receipt, invoice, quotation, sanction file, report, photograph, return report or equivalent documentation.
The lack of availability of balance, expiration, cancellation, blocking or rejection of the payment method does not exempt the Lessee from their payment obligation.
The Lessee declares to be the holder or to be authorized to use the payment method provided, and undertakes to keep it operational and with sufficient balance until the full payment of all obligations derived from the rental.
4. DELIVERIES, RETURNS AND PROOF OF STATUS
Condition and report: the vehicle is delivered checked, clean and in perfect working order. The general condition, mileage, fuel level and possible remarks will be documented by means of a report, photographs and/or video, signed or accepted by both parties.
This documentation will stand as primary evidence of the condition of the vehicle at the time of delivery and return, unless there is proof to the contrary.
Fuel policy: the vehicle is delivered with a certain amount of fuel, normally petrol 95 or 98 depending on the model. The level will be recorded on the dashboard during the delivery report.
The Lessee must return the vehicle with at least the same level of fuel recorded at delivery.
If the level at return is lower than that recorded at delivery, the cost of the missing fuel will be charged plus a refueling management fee of €20.
No credits or refunds will be made if the vehicle is returned with more fuel than delivered.
Cleaning: the vehicle must be returned in a reasonable state of cleanliness. Extraordinary dirt, including sand, stains on upholstery, severe mud, strong odors, food remains, animal hair or dirt derived from abusive use, may lead to a management charge of €40 to €150, depending on the level of cleaning required.
Delays: a grace period of 30 minutes is granted on the agreed return time. Once this margin is exceeded, €25 per hour or fraction thereof will be billed.
Once 3 hours of delay have passed without notice or express authorization, Motor Cleb S.L. may bill a full additional day, in addition to the corresponding penalties and damages caused by the unavailability of the vehicle for subsequent reservations.
5. INSURANCE AND LIABILITY
The vehicle has compulsory insurance and any additional coverage contracted for each vehicle.
The Lessee will be liable for damages caused to the vehicle up to the limit of the applicable excess according to the chosen plan, except in cases of exclusion, negligence, willful misconduct, breach of contract or unauthorized use.
The insurance does not cover, among other cases, loss of keys, fuel errors, damage to underbody, tires, rims, interiors, uncovered accessories, theft with keys inside, driving by unauthorized person, circuit use, unauthorized off-road use, driving under the influence of alcohol or drugs, or any other case excluded by the policy or by these conditions.
In case of accident, the Lessee must notify Motor Cleb S.L. within a maximum period of 24 hours and correctly complete the accident report form when applicable.
The unjustified omission of the accident report form, the lack of communication, the provision of false or incomplete information, or the impossibility of correctly processing the claim due to causes attributable to the Lessee may result in the loss of excess reductions and the assumption of the derived damages.
5 BIS. EXCESS REDUCTION, PRE-AUTHORIZATION AND LIMITS OF LIABILITY
The contracting of an excess reduction, protection plan, commercial supplementary insurance, Plus protection, Premium or any equivalent modality offered by Motor Cleb S.L. has the purpose of reducing, if applicable, the ordinary maximum excess or liability of the Lessee regarding covered damages, always within the limits and conditions expressly indicated in the reservation, contract, website, booking platform or delivery document.
The excess reduction applies only to damages covered by the policy and derived from correct, diligent, authorized and contract-compliant use of the vehicle.
The excess reduction does not cover damage caused by negligence, willful misconduct, gross negligence, improper use, reckless driving, driving off permitted roads, driving under the influence of alcohol, drugs, medicines or substances that reduce driving ability, participation in races, competitions, sports events, track days, circuits or similar events, unauthorized off-road use, driving by an unauthorized person, driving outside the authorized territory, failure to follow the instructions of Motor Cleb S.L. or any other breach of contract.
Likewise, unless expressly accepted in writing by Motor Cleb S.L. or specifically covered by the applicable policy, the excess reduction does not cover loss, theft, robbery, deterioration or damage of keys, remote controls, cards, documentation, equipment, accessories, helmets, intercoms, locks, cameras, mounts, items delivered with the vehicle, damage to tires, rims, underbody, clutch, brakes, interior, upholstery, soft top, windows, bodywork due to misuse, mechanical elements derived from improper use, refueling error, lack of fuel, battery discharged due to causes attributable to the Lessee, tow truck due to client's fault, vehicle removal by authority, municipal deposit, sanctions, tolls, administrative charges, extraordinary cleaning, additional mileage, late return, loss of use of the vehicle, loss of earnings, management costs, expert appraisal, diagnosis, transport, replacement, repair or any charge not covered by insurance or derived from a breach of these conditions.
The pre-authorization, deposit, guarantee or blocking does not necessarily constitute the maximum limit of liability of the Lessee. Its purpose is to provisionally guarantee the fulfillment of the economic obligations derived from the rental.
The applicable limit will be the excess, the maximum liability contracted, the penalty, the real cost of the damage, the pending charge or the amount corresponding according to these General Conditions, the rental contract, the chosen protection plan, the applicable policy and/or the supporting documentation available.
Consequently, if the damages, charges, penalties, expenses or liabilities derived from the rental exceed the amount of the pre-authorization, deposit or retained guarantee, the Lessee will remain obligated to pay the difference up to the corresponding limit in accordance with the contract and the applicable regulations.
Similarly, if the excess or contracted maximum liability is higher than the pre-authorization actually blocked, the Lessee acknowledges and accepts that the pre-authorization does not limit their contractual liability, authorizing Motor Cleb S.L. to claim and/or charge the outstanding amounts through the payment method provided or tokenized, in accordance with the provisions of these General Conditions.
The excess reduction does not transform the rental into a service without liability for the Lessee. The Lessee will remain liable for all damages, costs, sanctions, expenses, penalties or amounts not covered by the contracted protection, by the insurance policy or by these General Conditions.
Motor Cleb S.L. may deny, limit or invalidate an excess reduction when the claim, damage or incident originates from a prohibited, negligent, fraudulent, unauthorized use, contrary to the law, contrary to the instructions received or contrary to the rental conditions.
The existence of mandatory insurance, comprehensive insurance, insurance with excess, excess reduction or any protection plan does not exempt the Lessee from fulfilling all obligations of use, custody, communication, collaboration, delivery of documentation, accident report form, police report, return of the vehicle and payment of non-covered amounts.
6. USE RULES, PROHIBITIONS AND GEOLOCATION
It is strictly prohibited to:
a) Drive under the influence of alcohol, drugs, medicines or any substance that reduces driving ability.
b) Allow the driving of the vehicle to persons not authorized in the contract.
c) Use the vehicle in races, competitions, speed tests, track days, circuits or similar events.
d) Use the vehicle off paved roads, paths, tracks, beaches, rural areas or off-road use, unless written authorization from Motor Cleb S.L. is provided for specific models.
e) Transport dangerous, illegal or unauthorized goods.
f) Sublease, assign, sell, pledge or use the vehicle for purposes other than those agreed upon.
g) Drive outside the authorized territory without prior written consent from Motor Cleb S.L.
h) Tamper with, disconnect or alter safety systems, GPS, immobilizers, odometers, cameras, locks, alarms or any element of the vehicle.
Circuit use: access to circuits or speed events is prohibited. Failure to comply will result in contract termination and a minimum compensation for liquidated damages of €500, based on technical inspection costs, wear and tear review, without prejudice to claiming additional proven damages.
Off-road use: use off asphalt is prohibited, unless written authorization for specific models is provided.
GPS Geolocation: the vehicle may incorporate systems for geolocation, security, fraud prevention, abuse control and remote immobilization.
The processing of geolocation will be carried out in accordance with the privacy policy and based on the execution of the contract, the legitimate interest of Motor Cleb S.L. and the protection of its assets.
Motor Cleb S.L. may only activate remote immobilization when the vehicle is stopped and it is safe to do so, in the event of a serious breach, unauthorized use, non-payment, risk of misappropriation, complaint, security alert or equivalent situation.
7. CANCELLATION AND WITHDRAWAL POLICY
Right of withdrawal: as this is a vehicle rental service for specific dates or periods, the 14-day right of withdrawal in accordance with Article 103 of the TRLGDCU does not apply.
Cancellation fees:
Cancellation more than 7 days in advance of the start of the rental: refund of 100% of the amount paid.
Cancellation between 7 days and 48 hours before the start of the rental: penalty of 50% of the reservation amount, or alternatively, at the discretion of Motor Cleb S.L., issuance of a voucher for 100% of the amount paid, valid for 6 months.
Cancellation with less than 48 hours notice, non-appearance of the client or impossibility of delivery attributable to the Lessee due to lack of documentation, invalid license, insufficient age, lack of payment, rejection of the safety deposit or breach of requirements: penalty of 100% of the reservation amount.
Meteorology: bad weather does not justify free cancellation within the period of less than 7 days, except for serious official weather warning issued by AEMET, Civil Protection or competent body, in which case Motor Cleb S.L. may offer a change of dates subject to availability.
8. EXTRA MILEAGE
The rental includes 200 km per day during the first 3 days.
From the 4th day onwards, 143 km will be added for each additional day to the total accumulated reservation.
Exceeded kilometers that have not been previously contracted through an additional pack will be billed at €0.30/km.
The Lessee may contract additional packs of kilometers at a reduced price before the start of the service, provided they are available for the reserved vehicle.
9. FINES, TOLLS AND ADMINISTRATIVE MANAGEMENT
The Lessee will be liable for all fines, penalties, tolls, parking charges, restricted access fees, tow trucks, municipal deposits, taxes or administrative liabilities derived from the use of the vehicle during the rental period, even if they are notified or received by Motor Cleb S.L. after the return of the vehicle.
For each sanction file, administrative request or procedure that requires driver identification, document processing or communication with the competent administration, a fixed administrative charge of €25 will be applied, without prejudice to the amount of the sanction, tax, toll, surcharge or corresponding principal cost.
The Lessee authorizes Motor Cleb S.L. to charge these amounts to the provided or tokenized payment method, prior communication of the concept and, when possible, provision of the corresponding receipt.
10. DATA PROTECTION
The personal data of the Lessee will be processed by Motor Cleb S.L. for the management of the reservation, formalization and execution of the contract, invoicing, customer service, incident management, compliance with legal obligations and protection of the company's assets.
Certain communications to the Forces and Security Corps are carried out due to legal obligation, especially according to Royal Decree 933/2021 or other applicable regulation.
The processing of geolocation data is based on the execution of the contract, the legitimate interest of Motor Cleb S.L. in protecting its vehicles and the prevention of fraud, misappropriation, unauthorized use or contractual breaches.
The Lessee may consult complete information on the processing of their data in the Privacy Policy published on the web of Motor Cleb S.L.
11. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by Spanish law.
If the Lessee acts as a consumer, the courts of their domicile or those that are legally mandatory will be competent, at their choice.
In other cases, both parties expressly submit to the courts and tribunals of Barcelona, waiving any other jurisdiction that might correspond to them.