Terms and Conditions of Short-Term Rental (Under 28 Days)

By entering into a Rental Agreement with Heyes-Lehman Spain SL / Purple Cars with CIF: B93380335 (referred to as "Purple Cars," "We," "Us"), the Customer (referred to as "You," "Renter") agrees to be bound by these Terms and Conditions. These terms apply exclusively to rentals of less than 28 days and supersede any prior agreements or understandings.

1. Definitions

1.1. Rental Agreement: The document or booking confirmation signed/accepted by the Customer and Purple Cars outlining the specific details of the vehicle rental, including rental period, vehicle type, rates, and any special conditions.

1.2. Vehicle: The specific car rented by the Customer as described in the Rental Agreement, including all its documents, tyres, tools, accessories, and any replacement or courtesy vehicle provided.

1.3. Customer / Renter: The individual or entity named in the Rental Agreement as the primary renter, and all authorized additional drivers.

1.4. IVA: Impuesto sobre el Valor Añadido (Value Added Tax).

2. Rental Agreement Formation and Eligibility

22.1. Agreement Acceptance & Understanding: By signing or accepting this agreement, the Customer acknowledges and agrees that they have read and understood Purple Cars' Guide and Our Fleets page on the website, which explain everything offered, what is and is not included. The Customer further understands that Purple Cars does not offer new cars, and therefore, should expect some minor damage, wear and tear, and higher kilometers on rental vehicles.

2.2. Driver Requirements:

• Minimum Age: All authorized drivers (primary and additional) must be at least 25 years old and in possession of a valid 'full' driving license for at least two years.
• License Validity: Customers must have a valid driving license recognized in Spain. Customers are solely liable for ensuring the validity, recognition, and expiry date of their driving license and must not hold Purple Cars liable under any circumstance.
• International Driving Permit (IDP): For customers with a non-Spanish driving license, an International Driving Permit (IDP) must also be presented during the rental process, as mandated by law. Not providing an IDP when requested could result in the termination of the rental agreement and possible fines.
• License Validation: Purple Cars will undertake a driving license validation check for each named driver via the appropriate issuing authority. The Customer provides full authority for this check and agrees to pay an administrative fee per validation. Incomplete validation or negative results may, at the sole discretion of Purple Cars, result in the rental being declined.
• Maximum Age: The maximum age limit for renting a vehicle from Purple Cars is 75 years old.

2.3. Additional Drivers

The primary renter named in the Rental Agreement is authorised to drive the vehicle at no extra cost. Additional drivers may be added to the Rental Agreement for a fee of €25.00 per rental period (plus IVA) per additional driver. All additional drivers must meet the same driver requirements outlined in Clause 2.2 and must be named and registered on the Rental Agreement before driving the vehicle. Purple Cars reserves the right to refuse any additional driver at its sole discretion.

2.4. Cancellation Policy

• Cancellations made more than 72 hours before the scheduled pickup time: Full refund of the total rental payment minus a €48 administrative fee.
• Cancellations made within 72 hours of the scheduled pickup time or no-show: No refund – the full rental payment is forfeited. Cancellations must be made in writing via email to the address provided at booking. Refunds (where applicable) will be processed to the original payment method within 14 business days.

3. Rental Fees and Payments

3.1. Rental Rate Inclusions: The agreed rental rate includes:

• IVA (Value Added Tax) and local taxes.
• Compulsory Motor Insurance in accordance with current legislation.
• Vehicle Occupant Insurance.
• Full insurance coverage (no security/damages deposit required).
• Mandatory breakdown policy supplied by RACE.

3.2. Payment Methods: We accept all major Debit Cards and Credit Cards (VISA/MasterCard). A 3.5% surcharge will apply if you are using American Express. We do not accept bank transfers or cash payments for rentals. The debit or credit card used for payment must be in the name of the main driver on the Rental Agreement.

3.3. Payment: Full payment of the rental fee, plus any optional extras or additional drivers, is due at the time of booking or vehicle collection.

3.4. Payment Default:

• Failed payments incur a €25.00 administration fee per attempt to collect the payment. Purple Cars reserves the right to attempt up to six (6) times.
• Persistent default may result in termination of the rental and reporting of the vehicle as stolen.

3.5. Right to Charge: You undertake to pay Purple Cars any charges arising from vehicle hire, insurance, taxes, fines, damages, or other items applicable under this Rental Agreement and these Terms and Conditions.

4. Insurance and Coverage

4.1. All short-term rentals include full insurance coverage with no security/damages deposit required.

4.2. Conditions for Insurance Coverage: Coverage is contingent upon the following:

4.2.1. Prompt reporting of any collision/incident within 48 hours, with full third-party and witness details, completed accident report (DAA or Claims Report), signed where applicable.

4.2.2. Driver not under the influence or in breach of Highway Code.

4.2.3. No non-authorised use (as defined in Clause 5).

4.3. Insurance Exclusions: This insurance expressly excludes:

a) Fire;

b) Theft;

c) Acts of vandalism;

d) Damage to tyres (including flat tyres and blowouts), wheels, vehicle interior, outside rear-view mirrors, glass (windscreens, headlights, wing mirror glass);

e) Compensation for the days the vehicle cannot be used due to repairs related to excluded damages;

f) Damage caused by your miscalculation of the height of the vehicle. You remain fully liable for any excluded events or non-authorised use.

5. Non-Authorised Use of the Vehicle

5.1. Prohibited Use: It is your duty to use the vehicle with due diligence, in line with its characteristics, and to obey the current Highway Code, avoiding any situation that might cause damage to the vehicle or to third parties. You must not allow anyone other than those authorized under the Rental Agreement to drive the vehicle. Failure to comply will be construed as non-authorised use.

5.2. Liability for Non-Authorised Use: You are fully liable for any damage or third-party claims arising from non-authorised use. You must pay all associated costs and fees. Purple Cars may terminate the agreement immediately for breach.

5.3. Examples of Non-Authorised Use include, but are not limited to:

6.3.1. Driving the vehicle by persons not authorized by Purple Cars.

6.3.2. Participation in races or contests of any kind.

6.3.3. Transport of goods or animals and, in particular, substances that are hazardous, inflammable, and/or poisonous for the vehicle and its occupants.

6.3.4. Driving the vehicle for ‘commercial gain’ or the transport of individuals or goods for which you receive direct or indirect payment.

6.3.5. Sub-leasing of the vehicle.

6.3.6. Driving the vehicle under the influence of alcohol and/or illegal substances, or when tired/not feeling well.

6.3.7. More persons travelling in the vehicle than the number specified by law for that particular vehicle.

6.3.8. Driving the vehicle outside of Andalucía without the prior written consent of Purple Cars. Customer may drive in and out of Gibraltar. All cars must remain within Andalucía.

6.3.9. Pushing or towing another vehicle.

6.3.10. Driving in areas not suited to public transport, such as beaches, race tracks, forestry roads, back roads, Campo designated areas, or very poorly paved roads that could cause damage to the underside of the vehicle.

6.3.11. Driving the vehicle in restricted areas, including airport roads and other roads for aeronautical and/or military use.

6.3.12. Negligent behaviour when the vehicle’s indicators show an alert that you acknowledge as known when signing the Rental Agreement.

6.3.13. Manipulation of the odometer. You must report any malfunction of the odometer to Purple Cars immediately.

6.3.14. Transport of luggage or any other item on the vehicle’s roof, even when an adequate luggage rack is used for the purpose.

6.3.15. Damage to the vehicle caused by leaving tempting items in plain sight inside the vehicle.

6.3.16. Dirtying the inside of the vehicle beyond what would be expected from reasonable and careful use (may incur special cleaning charges).

6.3.17. Reckless driving.

6.3.18. Using the vehicle to give driving lessons under any circumstance and/or to teach special driving techniques.

6.3.19. Driving in contravention of traffic regulations.

6.3.20. The vehicle is driven by a person who is not authorised to do so in the Rental Agreement, as either a customer and/or a supplementary driver.

6.3.21. Continued use of the vehicle after the rental period has ended.

6. Breakdown Assistance

66.1. Mandatory Policy: All vehicles include a mandatory breakdown policy supplied by RACE. This policy is covered by the rental fee.

6.2. Reporting a Breakdown:

• In the event of mechanical failure, you should report the failure to Purple Cars as soon as possible. All vehicles are covered by Breakdown Assistance, and you should follow the procedures contained within the Vehicle Documents.

• During Office Hours (Monday to Friday, 9 am to 6 pm): For breakdown assistance or general inquiries, please call or message via WhatsApp our dedicated helpline at +34 630 54 21 51. When contacting us, please provide your car's registration number.

• Outside Office Hours: If you require breakdown assistance outside of our normal business hours, please call the direct RACE breakdown line at +34 915 949 722. 6.3. Stay with the Vehicle: In Spain, it is a requirement that the driver is present with the vehicle for breakdown assistance to be dispatched. You MUST remain with the vehicle if it breaks down. If you leave the vehicle unattended, you may be liable for any resulting fines. 6.4. Vehicle Recovery: In the event of a breakdown, it is essential that the vehicle is recovered to our designated service centre: Estepona Tyres, Calle Miguel Servet 2, Polígono Industrial, Estepona, 29680. Cars taken to any other garage will not be covered under this policy. We must first receive the car back to our garage. 6.5. Courtesy Car Provision: A courtesy car will only be provided after the vehicle experiencing the breakdown has been returned to Estepona Tyres and a mechanical inspection has been completed to determine the cause of the reported issue. The provision of courtesy and replacement vehicles is at the sole discretion of Purple Cars. While we endeavour to provide a like-for-like vehicle, this is subject to availability, and we may offer an alternative specification. The provisions of these Terms and Conditions apply to the use of any vehicle provided under this clause. 6.6. RACE Coverage Exclusions & At-Fault Breakdowns: RACE is a third-party provider, and they determine what is and isn't covered under their policy. This may include exclusions for issues like loss of keys or misfueling. In the event of an at-fault breakdown due to driver negligence (e.g., flat battery from leaving lights on, empty fuel tank, or incorrect fuel usage), recovery charges up to €250 + IVA per breakdown may apply. When contacting RACE, please provide: Policy Name: Heyes-Lehman Spain SL, and your Vehicle Registration Number (specific to your rental vehicle and provided to you). 6.7. Limitation of Liability for Indirect Damages: Purple Cars is not liable for any indirect or consequential damages, including but not limited to missed flights, appointments, or other personal or business losses, that may arise due to events such as traffic delays, vehicle breakdowns, or accidents. Customers should allow sufficient extra time for travel to account for unforeseen circumstances.
  

7. Accidents and Reporting

7.1. Immediate Notification: In the event of any accident, however minor, you must call Purple Cars immediately at +34 630 54 21 51.

7.2. Customer Obligations in an Accident: In the event of an accident, you undertake to:

7.2.1. Send Purple Cars the full details of the third party and any witnesses before forty-eight hours have elapsed, along with a completed accident report form (Agreed Statement of Facts – DAA) or a Claims Report, stating relevant details (number plate, name, address, circumstances, sketch, third party insurance details) and signed by all involved drivers where applicable.

7.2.2. Alert the authorities immediately if the guilt of the third party needs to be investigated or if anyone has been injured.

7.2.3. Not abandon the hired vehicle without taking due measures to safeguard it.

7.2.4. Not undertake any repairs to the Vehicle without explicit authority from Purple Cars.

7.2.5. Not accept liability for any incident.

7.3. Theft, Vandalism, Fire, Disappearance: In the event of an act of vandalism, fire, theft, or disappearance of the vehicle, you undertake to notify Purple Cars of the event immediately and to report it to the authorities, sending a copy of the report to Purple Cars as soon as possible.

7.4. Accident Administration Fee: The costs of an ‘Accidents Administration Fee’ up to a maximum of €150 may apply for accident-related processing.

8. ITV / Servicing and Scheduled Maintenance

8.1. When you take a car from us, you will be informed of its ITV (technical inspection) due date, which can typically be found on the top right-hand corner of the windscreen. It is your responsibility to bring the car back to us before this due date if the rental period overlaps with it.

8.2. We will contact you in advance to arrange a convenient time for you to bring the car in, and we will provide you with a courtesy car where possible.

8.3. Failure to return the vehicle as requested for servicing, inspection, and scheduled maintenance may make the vehicle ‘un-roadworthy’ and invoke the termination of the Rental Agreement.

9. Vehicle Return Conditions

9.1. Return Condition: You must return the hired vehicle in its pre-rental condition, together with all its documents, tyres, tools, and accessories, at the place and on the date and time set out in the Rental Agreement.

9.2. Vehicle Modifications: You must not change the vehicle’s technical specifications, keys, equipment, tools and/or accessories, or make changes to its external or interior appearance. Otherwise, you must pay for the expense of returning the vehicle to its pre-rental condition, without detriment to Purple Cars' loss-of-income during the period the vehicle is not available for rent because it is being valeted.

9.3. Fuel Policy: The vehicle must be returned in accordance with Purple Cars’ Fuel Policy. Our fuel policy is simple: simply return the car with the same amount of fuel as when you took it. We do not offer refunds for unused fuel. It is your responsibility to check which fuel is the correct one for the vehicle; this will be highlighted on the paperwork we provide you with.

9.4. Late Returns & Vehicle Abandonment:

9.4.1. Failure to return the vehicle on the date and time set out in the Rental Agreement authorizes Purple Cars to charge you for each day you use the vehicle after it should have been returned. Purple Cars will also charge a penalty of €50 for every day of delay to cover the inconvenience caused.

9.4.2. Returning or abandoning the vehicle in a place other than the one indicated in the Rental Agreement, or failure to return the vehicle/non-payment, will entitle Purple Cars to require you to pay: rent for each extra day needed to retrieve the vehicle and return it to its pre-rental condition; €50 as compensation for loss-of-income; and costs associated with moving or towing the vehicle, tolls, and safekeeping. Purple Cars reserves the right to report the matter to the Police if the vehicle is abandoned, not returned, or not paid for.

9.4.3. In the event that the vehicle disappears or is not returned, Purple Cars reserves the right to bring legal action against you before the competent authorities.

9.5. Return of Vehicle Papers: If the Customer returns the vehicle without its relevant papers, after checking the vehicle, a fee of €105.00 will be charged. It is your responsibility to ensure compliance with all laws, including documentation requirements.

9.6. V16 Emergency Light: All vehicles are equipped with a mandatory connected V16 emergency light in compliance with Spanish law. Loss or damage to this light upon return will result in a €100 charge.

10. Speeding and Parking Fines

10.1. If Purple Cars receives a traffic penalty notice relating to an offence committed during the rental period, you will be responsible for the full amount of the fine plus a €34 administration fee (discounts for early payment do not apply). Your card on file will be automatically charged without prior notice to prevent the fine from increasing or doubling. Our office is unable to provide exact details of the fines; any dispute must be taken up directly with the issuing authority, not Purple Cars.

10.2. In the event that you accumulate multiple speeding or parking violations while using the rental vehicle, we reserve the right to retain any funds or delay refunds for a period of 30 days to account for any additional fines that may be received.

10.3. We reserve the right to automatically charge the payment card held on file for any fines received in connection with the rental vehicle up to 24 months after the end of the Rental Agreement, without prior notification.

11. Vehicle Recovery and Repossession

11.1. Obligation to Present Vehicle: If Purple Cars requests the return or presentation of the vehicle for any reason (including but not limited to inspection, maintenance, servicing, ITV, suspected breach of the Rental Agreement, or recovery), you must bring the vehicle to our designated office in Estepona within five (5) calendar days of the request. Failure to comply may result in termination of the Rental Agreement and repossession of the vehicle.

11.2. Use of Tracking Data: All vehicles are equipped with tracking devices. Purple Cars reserves the right to use tracking data to locate and recover the vehicle in the event of non-payment, if we are unable to contact you, or if we reasonably believe the vehicle is at risk or in breach of these Terms and Conditions.

11.3. Repossession for Non-Payment: In the event of non-payment or default exceeding fourteen (14) days (or other serious breach), Purple Cars reserves the right to repossess the vehicle without prior judicial intervention, using any necessary means, including the tracking data. You will be liable for all costs associated with recovery, towing, storage, and any loss of income.

12. General Rental Information

12.1. Collection and Return Location & Hours: You may only pick up and drop off the vehicle from our designated office in Estepona. A €35 charge will apply for picking up or dropping off outside of our office hours (Monday to Friday, 9 am - 6 pm).

12.2. Fuel Policy: Our fuel policy is simple: simply return the car with the same amount of fuel as when you took it. We do not offer refunds for unused fuel. Please make sure to check which fuel is the correct one for the vehicle; this will be highlighted on the paperwork we provide you with.

12.3. Vehicle Tracking: All cars have trackers fitted. These trackers send us alerts if the car goes outside of a geofence location, such as Andalucía. In the event of an accident or speeding violations, we may use this tracking information. Data is processed in the execution of the Rental Agreement.

13. Customer Obligations and Responsibilities

13.1. Day-to-Day Fluid Management: The day-to-day running and maintenance of the vehicle, including keeping all fluid levels (such as oil, coolant, washer fluid) topped up, is your responsibility during the rental period. We are always happy for you to bring the car into our service center should you ever need these topped up. However, please remember that it is your responsibility to ensure the engine has sufficient oil, as failure to do so can lead to engine damage which would not be covered by your rental agreement or insurance.

13.2. Statutory Equipment: It is your responsibility to ensure High Visibility Vests and Warning Triangle(s) are always available to Authorized Drivers of the Vehicle.

13.3. Joint Liability: Customers and/or authorized additional drivers are jointly liable for the customers’ obligations under the Rental Agreement and the relevant applicable laws.

13.4. Theft and Loss of Personal Belongings: Purple Cars cannot be held liable for items stolen, forgotten, or lost inside the vehicle.

14. Data Protection

14.1. Purple Cars collects and retains personal data for legitimate purposes including contracts, Rental Agreements and to satisfy our legal obligations. Further information can be obtained by contacting the Purple Cars Data Controller.

15. Indemnity

15.1. You will indemnify and keep Purple Cars indemnified against all actions, claims, demands, expenses, and liabilities, including but not limited to all solicitor's costs and disbursements which you shall become liable for or be subject to arising out of or in connection with the breach by you of any agreed agreements, stipulations, and conditions.

16. Dispute Resolution and Governing Law

116.1. Governing Law: The laws of Spain govern the Rental Agreement.

16.2. Jurisdiction for Disputes and Debt Recovery:

• Any dispute arising out of or in connection with the Rental Agreement or these Terms and Conditions shall be submitted exclusively to the courts of Estepona (Málaga), Spain. The Customer irrevocably submits to the jurisdiction of these courts and waives any objection to proceedings in such courts on the grounds of venue or inconvenient forum.
• Notwithstanding the above, Purple Cars reserves the right to pursue debt recovery or enforcement of any monetary obligations (including unpaid rental fees, fines, damages, or other charges) in the courts of the United Kingdom, at its sole discretion. Heyes-Lehman Spain SL / Purple Cars is a wholly-owned subsidiary of Heyes-Lehman Asset Management Limited, a UK company, and this clause facilitates efficient recovery where applicable. 16.3. Dispute Resolution Process: Purple Cars states its intention of resolving any controversies or disputes in a friendly, negotiated manner. Where this is not possible, any controversies or disputes between Purple Cars and the customers may be submitted for resolution. Any dispute relating to this Agreement which cannot be resolved by negotiation between the parties within fourteen (14) days of either party giving notice to the other party that a dispute has arisen shall be submitted to mediation, and failing settlement of the dispute within seven (7) days thereafter, the dispute shall be submitted by any party for final resolution by the courts of Estepona, Spain (subject to Clause 16.2). 16.4. Complaints: Any complaints / disputes should be put in writing to <legal@purplegroup.es>. Please allow up to 14 days for a reply.