GENERAL TERMS AND CONDITIONS OF CONTRACTING

PRE-CONTRACTUAL INFORMATION
This document (together with all documents referred to herein) sets out the conditions governing the use of this website (https://bahiasexirentacar.com/) and all commercial transactions for booking self-drive rental vehicles through it, whatever the application, digital medium, support or device through which it can be accessed. Please read these General Terms and Conditions of Contracting, the Legal Notice and our Privacy Policy carefully before using this website.

If you have any questions related to the Conditions or the Privacy and Cookies Policy, you can contact us through our contact channels.

This website https://bahiasexirentacar.com/ belongs, as a business unit, to AUTO SEXI S.L., with Tax ID B-18513572 and registered address at Paseo de San Cristóbal 4, bajo 6, 18690 Almuñécar (Granada), trading under the brand “BAHIA SEXI RENT A CAR”.

The General Terms and Conditions of Contracting govern the relationship between “BAHIA SEXI RENT A CAR” (hereinafter, the Lessor) and the user or customer (hereinafter, the Lessee), the purpose of which is both to provide information and to govern the commercial relations that arise between them, in accordance with legal provisions, in particular Law 3/2014, of 27 March, amending the consolidated text of the General Law for the Defence of Consumers and Users; the regulations in force on Personal Data Protection; Law 7/1996, of 15 January, on the Regulation of Retail Trade; Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce; Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws; Law 44/2006, of 29 December, on the improvement of consumer and user protection; Law 39/2002, of 28 October, transposing into Spanish law various Community directives on the protection of the interests of consumers and users; Law 3/1991, of 10 January, on Unfair Competition; Royal Decree 231/2008, of 15 February, regulating the Consumer Arbitration System; and Directive 2006/123/EC on services in the internal market.

“BAHIA SEXI RENT A CAR” reserves the right to make any changes it deems appropriate, without prior notice, to the General Conditions, and any changes introduced shall not have retroactive effect.

Such changes may be made through its websites, by any means permitted by law and shall be binding for as long as they are published on the website until they are validly modified by subsequent ones. Notwithstanding the foregoing, “BAHIA SEXI RENT A CAR” reserves the right to apply, in certain cases, specific General Conditions when it deems appropriate, announcing them in due time and form (in writing), and no conditions put forward by the customer that cause a conflict, contradict or are not defined in these General Conditions shall be recognised.

As a user or customer you expressly declare that you know, understand and accept the terms of use and these General Terms and Conditions of Contracting. Likewise, you declare that you are of legal age and have the legal capacity required to access the websites of https://bahiasexirentacar.com/; contracting through them, as well as orders placed by telephone or by e-mail, shall constitute implicit acceptance of these General Conditions available on the Website; therefore, if you do not agree with all the Conditions and with the Privacy and Cookies Policy, you must not use this website.

PURPOSE OF THE WEBSITE

The website is intended for booking self-drive rental vehicles. These may be delivered and collected at the different locations available during the booking process, as well as at the times offered.

HOW TO MAKE A BOOKING

To make a vehicle booking, the user must register and complete the process consisting of 6 steps:

1st: Choice of the location where the vehicle will be delivered, as well as the date and time of delivery.

2nd: Choice of the vehicle that best suits the customer’s needs from the offer available at that time.

3rd: Choice of extras to be added to the rental such as insurance, additional drivers, GPS, baby seats, etc. In this step it will be necessary to add the flight number whenever the location selected for delivering the car requires it (Málaga Airport).

4th: In this step the customer must provide the information required by the company so that the vehicle can be rented.

  • General information: Contact telephone, e-mail, address at your holiday destination.
  • Main driver information: Name and surname, Identity Document, Driving Licence, Age, Local Address (in your country)
  • Second or more drivers: Driving licence, Age
  • Flight number: If the location selected for delivering the vehicle is Málaga Airport, it is necessary for the customer to provide the flight number with which they are travelling to Málaga.
  • Place of origin: likewise, if the location selected is the MARIA ZAMBRANO train station, it is necessary for customers to provide the origin of the train.

5th: In this step a summary is shown of all the information provided and selected by the customer for their vehicle booking. After pressing the confirm button, the booking is confirmed.
6th: In this last step access is provided to the virtual POS for those customers who want to pay for their booking at that moment to have the option to do so.

RENTAL PERIOD, VEHICLE DELIVERY (CHECK-OUT), RETURN (CHECK-IN) AND EXTENSION

The minimum rental period shall be 24 hours (1 day) and the maximum will be determined depending on the Vehicle selected in the Contract. The Lessee undertakes to return the Vehicle to the Lessor on the date and time stipulated and at the place agreed in the rental contract. Rental days shall be counted in 24-hour periods from the exact time the rented Vehicle is delivered to the Lessee until it is returned, together with its keys and documentation, to the Lessor. If the vehicle is not returned within the hour following the end time stipulated in the contract, the company reserves the right to charge one extra day (maintaining the customer’s current tariff price).

If the Lessee breaches any of the points established in the General or specific Conditions set out in the Contract, the Lessor reserves the right to withdraw the Vehicle from the Lessee at any time.

For operational reasons the Lessor reserves the right to substitute the vehicle at any time with another of similar characteristics, informing the Lessee beforehand.

In no case may the amount guaranteed or paid at the start of the rental be used to extend it. If the Lessee wishes to keep the Vehicle for longer than initially agreed, they undertake to obtain the Lessor’s prior express authorisation and to pay immediately the amount of the additional deposit for such extension, with the price applicable according to the Current General Tariff.

It is mandatory that at the time of delivery of the vehicle customers provide their identity card/passport, driving licence and credit card.

PRICE AND TARIFFS

The price of the Vehicle being booked will be the one shown in step 5 described above.

The rental price is that stated in the rental contract and is established in accordance with the Current General Tariff (with regard to services, taxes and insurance and/or optional waivers) and the price agreed with the Lessee at the time the rental is made, according to the selected tariff.

All prices will be indicated in euros (€).

The price of fuel will be stipulated and detailed at the time the Contract is signed between the Parties, given the fluctuation in the price of fuel, making it impossible for us to inform you in these General Conditions of its value. Thus, the lessee must refuel the Vehicle with the appropriate type of fuel for it.

In the event of refuelling with fuel not suitable for the Vehicle, including refuelling with fuel mixed with water or other foreign components, the Lessee shall be responsible for the expenses incurred for transferring and/or repairing the damage caused to the Vehicle. Likewise, in such cases the Lessee must pay the Lessor the corresponding charge for loss of profit due to immobilisation of the Vehicle.

The Lessee shall return the vehicle with the fuel tank at the same level as when it was received. Otherwise, we will charge you for the missing fuel.

ESSENTIAL CHARACTERISTICS AND AVAILABILITY OF VEHICLES

In compliance with current regulations, we offer information on all vehicles available for booking, their characteristics (although the photographs available on the website are not binding) and price. However, we reserve the right to withdraw, replace or change the vehicles offered through the website (modifications to vehicles, prices, promotions and other commercial and service conditions), by simply changing the content thereof. Thus, the vehicles offered at any given time on the website shall be governed by the General Terms and Conditions of Contracting in force in each case. Likewise, we shall have the power to cease offering, without prior notice and at any time, access to the aforementioned vehicles.

DELIVERY PERIOD OF PRODUCTS OR SERVICES

The vehicle will be delivered at the time and date selected by the customers/lessees at the time of booking. However, the company reserves the right to make time changes to improve the quality of the service. the quality of the service. These changes will always be made by mutual agreement with the customer and they will be informed.

DELIVERY AND TRANSPORT COSTS

The main offices: Málaga (Oficina), Almuñécar (Oficina), Torrox (Oficina), Motril (oficina), La Herradura (Oficina) will not have any additional cost for delivery of the Vehicle. However, the following delivery points: Almuñécar (Hotel), La Herradura (Hotel), Motril (Hotel), Motril (Hotel Impressive), Motril Marina, Motril (Playa Poniente), Salobreña (Hotel), Salobreña (Oficina de Turismo), Marina del Este, Nerja (Hotel), Nerja (Estación de Autobuses), Frigiliana (Estación de Autobuses), Frigiliana (Hotel), Torrox (Hotel), Torre del Mar (Hotel), Torre del Mar (Estación de Autobuses), Torremolinos (Hotel), Torremolinos (Estación de Tren), Benalmádena (Hotel), Benalmádena (Estación de Tren), Cala de Mijas (Hotel), Calahonda (Hotel), Fuengirola (Hotel), Marbella (Hotel), Mijas (Hotel), Puerto Banus (Hotel) will have an extra charge, which must be paid by the Lessee, for the necessary travel to provide this service.

DRIVERS

The lessee must be over 21 years of age and hold a valid driving licence for a period of more than 1 year.

It is not permitted to rent several cars at coinciding dates and times for the same driver.

It is the Lessee’s responsibility to carry a copy of this contract in the Vehicle at all times.

VEHICLE MAINTENANCE

The Lessee receives the Vehicle in perfect condition and must keep it in good condition. Repairs in a workshop or replacement of parts may only be carried out with the Lessor’s prior express written authorisation. No repair expense will be reimbursed without prior consent and acceptance by the Lessor of the estimate and of the workshop carrying out the repair.

If such prior express written consent does not exist, the sole responsibility for payment of such expenses, both workshop and parts, shall lie with the Lessee.

BREAKDOWN OR ACCIDENT OUTSIDE THE AGREED RENTAL PERIOD

Once the contractual relationship between Lessee and Lessor has ended, the Lessee shall be responsible for 100% of the payment of repairs and expenses caused to the Vehicle during the rental period.

IN CASE OF AN ACCIDENT, CRIMINAL OR VANDALIC ACT COMMITTED AGAINST THE VEHICLE

The Lessee will be obliged to:

  • Concise and precise description of the accident and, where applicable, note the names of witnesses
  • Report what happened to the police immediately
  • Complete the amicable accident report according to the official model found in the vehicle indicating at least the name, address and registration number of the other party together with the name of the insurer and, where possible, the insurance policy number
  • Inform BAHIA SEXI RENT A CAR of the incident immediately
  • Not abandon the vehicle without taking appropriate measures to protect it against further damage, leaving it locked and without altering traffic

In the event of an accident or criminal act, the Lessor shall not be obliged to provide the Lessee with another rental vehicle.

Likewise, some examples of criminal or vandalic acts committed against the vehicle are:

  • Theft or stealing of the Vehicle
  • Theft or stealing of parts both external and internal of the Vehicle such as wheels, tyres or seats
  • Robbery with force causing damage to the windows or bodywork of the Vehicle
  • Vandalism against the Vehicle

It should be noted that the above list is drafted for illustrative purposes only and is not exhaustive.

UNAUTHORISED USE OF THE VEHICLE

The Lessee is obliged to use the Vehicle diligently and to use it with the utmost care, in accordance with its characteristics, respecting the Spanish regulations in force on motor vehicle traffic. The Lessee shall avoid any situation that could cause damage to the vehicle or to third parties. Likewise, if what is stipulated in this point is not complied with, it shall be understood that unauthorised use has been made.

The Lessee shall not allow anyone who is not authorised to drive the Vehicle, the Lessee being directly responsible for any damage or loss caused to the vehicle due to unauthorised use of the same.

In the event of unauthorised use of the vehicle, the Lessee is obliged to pay all expenses arising from such damage.

In the event of a claim through the courts, the Lessee shall pay all costs arising from such proceedings, court agents, lawyers and costs.

By way of example, some cases considered unauthorised use of the vehicle are listed:

  • Driving without a permit or driving licence
  • Driving without the Lessor’s authorisation
  • Illegal racing
  • Participation in competitions
  • Towing or pushing any other vehicle
  • Subletting the vehicle
  • Reckless driving and/or contrary to traffic regulations
  • Not carrying a baby and/or child seat if travelling with children under 12 years of age
  • Driving on roads that could cause damage to the underbody/sump of the vehicle
  • Transporting people or goods that directly or indirectly involve a payment to the Lessee (for example, using the Vehicle as an illegal “Taxi”)
  • Handing over the vehicle to a third party
  • Driving of the rented vehicle by a person not authorised either as Lessee(s) or additional driver(s).
  • Transporting luggage on top of the vehicle (fitting a roof rack to the vehicle is not authorised)
  • Soiling the interior of the vehicle
  • Leaving objects in plain sight in the vehicle
  • Using the vehicle once the rental period has ended
  • Driving in places not permitted for public transport such as car circuits, beaches, etc.
  • Negligent action in the event of warning lights or warning signals on the vehicle’s dashboard coming on, which the Lessee declares to know by signing this contract
  • Smoking inside the vehicle is strictly prohibited
  • Transporting a number of people or an amount of luggage greater than that authorised for the vehicle, in accordance with the number of seat belts.
  • Driving the vehicle under the influence of medication, alcohol or drugs and/or in a state of fatigue or illness

 

DAMAGE, DEFECTS AND THEFT

The Lessee must check whether the vehicle shows any damage before leaving the rental office and record any possible variation in the Vehicle condition report. This will help avoid possible disputes over damage upon return.

The Lessee will be responsible for all losses we incur up to the full value of the vehicle in the event that the vehicle is lost or damaged during the rental, and will be responsible for our expenses unless the loss or damage is directly due to our acts or omissions or if we have received reimbursement of the same from a third party or their insurers.

Likewise, the Lessee is responsible for the security of the vehicle and must try to minimise the risk of theft or vandalism by parking the vehicle in safe places, never leaving valuable objects in plain sight (including removable radio, DVD players or the NeverLost navigator) and ensuring that the vehicle is locked.

If the vehicle is stolen, the Lessee must inform the Police, call the Roadside Assistance Service as soon as possible and fill in an accident report. You must be able to demonstrate that you have taken due precautions when returning the keys to us; otherwise, our coverages may be invalidated.

Dogs are allowed provided they travel in their carrier. If this is not the case and the interior of the vehicle is found with hair or other by-products caused by incorrect transport of the animal, a charge of €10 will be made for cleaning the vehicle.

SECURITY DEPOSIT

It will be necessary to pay a security deposit of €350 to proceed with the rental of the following categories of industrial vehicles: Small, Medium, Medium XL, Large and Large X. This security deposit will be paid exclusively by credit/debit card and the refund will be made to the same card with which the payment was made.

In the event that the lessee of the vehicle causes damage both inside and outside the vehicle or breaches the lease contract provided by the company, Bahia Sexi Rent a Car will use the security deposit to cover the additional costs that these events may cause.

After the lease contract ends and the subsequent inspection of the vehicle, the company will refund the security deposit within a maximum of 3 working days.

Any additional costs generated by breach of the clauses of the lease contract or damage caused to the vehicle will be charged first against this security deposit. Therefore, the amount refunded will vary depending on the extra costs that have arisen after the end of the contract.

These extra costs will be communicated by e-mail to the lessee of the vehicle together with the amount of each of them.

INSURANCE

The coverages offered by BAHIA SEXI RENT A CAR appear in step 2 together with the rates to choose from and if the lessee wishes to take out the “CLASS A- FULL INSUR” insurance, they must go to step 3 of the purchase process “COMPLEMENTOS” and select it.

Thus, in the event of possible damage that may be caused to the vehicle, BAHIA SEXI RENT A CAR offers:

  • Comprehensive insurance with excess: If the customer has chosen the option of comprehensive insurance with excess (the amount of the excess for each class is specified in step 2 when the customer chooses the vehicle they wish to rent), in the event of damage the customer must pay the full amount of the excess if at the time of return the vehicle shows any damage.

Once the damage has been repaired, a copy of the invoice with the repair cost will be sent; if the cost is less than the excess, the remaining difference will be refunded, all within 30 days after the return of the vehicle.

  • Comprehensive insurance with no excess: in this case, any damage that may be caused to the exterior of the vehicle will be covered by the insurance and in the event of damage the customer will not have to pay anything.

The company’s insurance does not include glass, tyres, damage to the underside of the vehicle, loss or breakage of keys, wrong fuel, vehicle interior.

LOST PROPERTY

The Lessee must empty the Vehicle of their personal effects as the Lessor is not responsible for any object found in the Vehicle. However, any object found in the Vehicle may be sent to the Lessee upon prior express written request to one of these addresses:

  • Avenida de Andalucía 12, 29770 Torrox (Málaga).
  • Paseo San Cristóbal 4, ground floor of the “Almuñécar Playa” Hotel, 18690 Almuñécar (Granada)
  • Calle Newton 42, Polígono Villa Rosa, 29004 Málaga
  • Calle Rodríguez Acosta 24, 18600 Motril (Granada)

 

TRAFFIC OFFENCES

During the rental period, the Lessee will be responsible for the immediate payment of fines incurred for any type of breach of the law. Likewise, the Lessee must inform the Lessor of any fine imposed on the vehicle or the driver while the rental period is still in force.

If the authorities impound the vehicle due to an act or omission of the Lessee, whatever the reason, the Lessee shall be responsible and shall compensate the Lessor for all expenses and loss of profit incurred for that reason.

TAXES

All prices detailed in the rates include Value Added Tax (V.A.T.) at 21%. The Lessor is exempt from paying any other tax or fee that any state, regional or local authority may establish in the course of this contract.

METHOD OF PAYMENT

Services may be paid in three different ways:

Cash: If the customer decides to pay in cash, a deposit of €150 will be taken from their credit card, which will be refunded no later than 7 days after the end of the contract.

Virtual POS: Through Redsys virtual POS and the price to be paid will be that shown in the 5th step of the booking process.

Prices may change at any time, but any changes will not affect the price of the vehicle with respect to that which we have already confirmed to you for your rental.

Likewise, by means of this document you authorise us to issue the invoice in electronic format, although you may indicate to us at any time your wish to receive an invoice in paper format, in which case we will issue and send the invoice in that format.

Credit/Debit Card: Only VISA and MASTER CARD cards will be accepted. When paying with VISA or MASTERCARD you will always be asked for the following details: card number and expiry date.

Credit cards will be subject to checks and authorisations by the issuing entity, but if such entity does not authorise payment, we will not be responsible for any delay or failure in delivery.

When the amount of a purchase has been charged fraudulently or improperly using the number of an account or payment card, its holder may demand the immediate cancellation of the charge. In such case, the corresponding debit and re-credit entries on the lessee’s and the holder’s accounts will be made as soon as possible.

However, if the purchase has actually been made by the cardholder and the request for a refund is not the result of the right of withdrawal or termination having been exercised and, therefore, the cancellation of the corresponding charge has been unduly requested, the cardholder shall be obliged towards BAHIA SEXI RENT A CAR to compensate for the damages caused as a consequence of such cancellation.

For BAHIA SEXI RENT A CAR, customer security when purchasing is essential. In order to protect the transmission of confidential information, the Web server https://bahiasexirentacar.com/ has a data encryption protocol, through an SSL (Secure Sockets Layer) Security Certificate. SSL encryption technology protects financial transactions and data flows (name, address, credit card number, etc.), thus allowing operations to be carried out securely.

For payment, the customer must have CES (Secure Electronic Commerce) activated. Communication between the customer and the payment entity is likewise carried out through a secure server with SSL encryption, and neither BAHIA SEXI RENT A CAR nor third parties will be able to access the customer’s credit card or account details.

JOINT AND SEVERAL LIABILITY

The Lessees and/or authorised drivers shall be jointly and severally liable for all obligations assumed by the Lessee in the Contract and for all current legislation applicable thereto.

USE OF OUR WEBSITE

By using this website and making a booking through it you undertake to:

  1. Use this website only to make enquiries or legally valid bookings.
  2. Not make any false or fraudulent booking. If it could reasonably be considered that a booking of this kind has been made we will be authorised to cancel it and inform the relevant authorities.

iii. Provide us with your e-mail address, postal address and/or other contact details truthfully and accurately. Likewise, you consent that we may use such information to contact the lessee if necessary.
If you do not provide us with all the information we need, we will not be able to process your booking.

VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

The user/lessee must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programme or material. Users will not attempt to gain unauthorised access to this website, to the server on which this site is hosted or to any server, computer or database related to our website. Likewise, they undertake not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Breach of this clause could entail the commission of offences as typified by the applicable regulations. We will report any breach of such regulations to the competent authorities and cooperate with them to discover the attacker’s identity. Likewise, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.

We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programme or material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.

INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, registered trademarks and other industrial and intellectual property rights over the materials or contents provided as part of the website belong at all times to BAHIA SEXI RENT A CAR or to those who have granted us a licence for their use. The user/lessee may use such material only in the manner expressly authorised by us or by those who granted us a licence for its use. This will not prevent you from using this website to the extent necessary to copy the information about your booking or contact details.

COMMUNICATIONS IN WRITING

The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you accept that most of such communications with us will be electronic. We will contact the user by e-mail or provide information by posting notices on this website. For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognised by law.

NOTICES

Notices must be sent via telephone 958 63 07 08 or by e-mail to serviciotecnicobahiasexi@gmail.com. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications either to the e-mail address or to the postal address provided by you when making a booking.

It will be understood that the notices have been received and have been correctly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the date of posting of any letter. To prove that the notice has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and was duly delivered to the post office or a letterbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding both for you and for us, as well as for our respective successors, assignees and transferees. You may not transmit, assign, charge or otherwise transfer a contract or any of the rights or obligations derived from it without having obtained our prior written consent.

We may transmit, assign, charge, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it at any time during its term. To avoid any doubt, such transmissions, assignments, charges or other transfers will not affect the rights that you, as a consumer, may have recognised by law nor will they annul, reduce or otherwise limit the guarantees, whether express or implied, that we may have granted you.

EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any failure or delay in the performance of any of the obligations assumed when due to events beyond our reasonable control (“Force Majeure”).

Force Majeure Causes will include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and, among others, the following:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  4. Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
  5. Impossibility of using public or private telecommunications systems.
  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended for the period during which the Force Majeure Cause continues, and we will have an extension of time to fulfil such obligations for a period of time equal to that during which the Force Majeure Cause lasts. We will use all reasonable means to put an end to the Force Majeure Cause or to find a solution that allows us to fulfil our obligations despite the Force Majeure Cause.

WAIVER

The failure by BAHIA SEXI RENT A CAR to require your strict compliance with any of the obligations assumed by the user under a contract or these Conditions, or the failure by us to exercise any rights or actions that may correspond to us under such contract or the Conditions, shall not entail a waiver or limitation in relation to such rights or actions nor shall it exonerate you from compliance with such obligations.

No waiver by us of a specific right or action shall constitute a waiver of other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver and is formalised and communicated to you in writing in accordance with the provisions of the Notices section above.

SEVERABILITY

If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity.

ENTIRE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement in relation to their subject matter and supersede any other covenant, agreement or prior promise between the lessee and BAHIA SEXI RENT A CAR, whether verbally or in writing.

Although we acknowledge that we have agreed to enter into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two of us before it, except for that which is expressly mentioned in these Conditions.

Neither you nor we will have any action in respect of any inaccurate statement made by the other party, verbal or written, prior to the date of a contract (unless such inaccurate statement was made fraudulently) and the only action available to the other party will be for breach of contract in accordance with the provisions of these Conditions.

COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcome. Please send us such comments, suggestions and queries through our contact channels or the postal address indicated in the first clause of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling 986136205 or through our contact channels.

Likewise, you may send your complaints and claims through our contact channels or to the e-mail serviciotecnicobahiasexi@gmail.com, which will be handled by our customer service as soon as possible and, in any case, within the legally established period in order to seek an out-of-court settlement of disputes. Likewise, they will be registered with an identification key that we will inform you of and which will allow you to follow them up.

In this regard, if the purchase between you and us has been concluded online through our website, in accordance with Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and Regulation 524/2013 of the European Parliament and of the Council, we inform you that you have the right to request with us an out-of-court resolution of disputes in consumer matters accessible through the Internet address http://ec.europa.eu/consumers/odr/.

Hence we inform our Users that in the event of any conflict with the user of “BAHIA SEXI RENT A CAR” there is a new European procedure, simple, multilingual and accessible for its resolution. Which consists of the following:

The consumer must access this platform and complete the online complaint form. Once completed, it will be sent from the same platform. The complaint will be sent to BAHIA SEXI RENT A CAR, which will propose to the consumer an alternative dispute resolution entity. Once the user and BAHIA SEXI RENT A CAR agree on the mediation entity that will resolve their conflict, the platform will send the complaint to the chosen entity.

The mediation entity will handle the case electronically and propose a solution within a maximum period of 90 days.

RIGHT OF WITHDRAWAL AND CANCELLATIONS

If customers decide to pay for their booking online through our payment gateway and later decide to cancel, the full amount of the booking will be refunded, provided that such cancellation is made at least 48 hours prior to the agreed date for delivery of the vehicle. If it is made after this, no amount will be refunded.

APPLICABLE LAW AND JURISDICTION

The relationship between the consumer and user and the provider shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise, the parties may submit their conflicts to arbitration or go to the ordinary courts in compliance with the rules on jurisdiction and competence in this regard.

Likewise, the owner reserves the right to bring such civil or criminal actions as it deems appropriate for the improper use of its website and contents or for breach of these conditions.

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