Terms and Conditions of Long Term Rentals
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 supersede any prior agreements or understandings.
1. Definitions
1.1. Rental Agreement: The document signed 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 authorised additional drivers.
1.4. Fleet Tiers: Purple Cars operates four fleet tiers, each with distinct characteristics fully described in Clause 2.9 and on the Purple Cars website. The four tiers, with their respective metal-grade designations, are:
- Premium Fleet (Platinum) — best-condition, typically under 5 years old;
- Mid-Range Fleet (Gold) — newer-shape cars, typically 5–10 years old;
- Budget Fleet (Silver) — reliable everyday cars, around 10 years old;
- Runabout Fleet (Bronze) — oldest, highest-mileage cars, for A-to-B local trips.
1.5. IVA: Impuesto sobre el Valor Añadido (Value Added Tax).
1.6. DGT: Dirección General de Tráfico, the Spanish national traffic authority.
1.7. Vehicle Checkout Form: The form signed by the Customer at vehicle collection recording the starting fuel level, mileage, condition, and accompanying 360° photographs.
1.8. Just Go Costa: Purple Cars operates a vehicle-supply partnership with Just Go Costa. Certain vehicles in the Purple Cars fleet are owned by, or supplied by, Just Go Costa and are rented out by Purple Cars under this partnership. Where the rental vehicle is a Just Go Costa vehicle, this will be disclosed to the Customer at booking or at handover. Specific provisions relating to Just Go Costa vehicles are set out in Clause 19.6.
2. Rental Agreement Formation and Eligibility
2.1. Agreement Acceptance & Understanding
By signing 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 is specifically referred to Clause 2.9 below (Used Vehicle Acknowledgement) which sets out the characteristics of each fleet tier and the Customer's deemed acceptance of those characteristics.
2.2. Driver Requirements
Minimum Age
- For Runabout (Bronze) Fleet vehicles: All authorised drivers must be at least 21 years old and in possession of a valid 'full' driving licence for at least two years.
- For Budget (Silver), Mid-Range (Gold), and Premium (Platinum) Fleet vehicles, AND for any automatic-transmission vehicle in any fleet: All authorised drivers must be at least 25 years old and in possession of a valid 'full' driving licence for at least two years.
License Validity
Customers must have a valid driving licence recognised in Spain. Customers are solely liable for ensuring the validity, recognition, and expiry date of their driving licence and must not hold Purple Cars liable under any circumstance.
International Driving Permit (IDP)
For customers with a driving licence issued OUTSIDE the European Union or European Economic Area (EU/EEA), an International Driving Permit (IDP) must also be presented during the rental process, as mandated by Spanish law. EU/EEA driving licences are valid in Spain without an IDP. Not providing an IDP when required could result in the termination of the rental agreement, loss of deposit, and possible fines.
Licence Validation
Purple Cars reserves the right to undertake a driving licence validation check, and to verify the licence's continuing validity, for each named driver at any point before, during, or after the rental — including at booking, at handover, during the rental, and at any point Purple Cars reasonably considers necessary. Verification may be carried out via the appropriate issuing authority, the DGT (for Spanish licences), or any equivalent authority. The Customer provides full authority for these checks at any time during the relationship with Purple Cars. Incomplete validation or negative results may, at the sole discretion of Purple Cars, result in the rental being declined, terminated, or the introduction of a 'Risk Premium' which shall not exceed 20% of the monthly Rental Fee.
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 month per additional driver (inclusive of IVA). 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.
Where Purple Cars discovers that a person not named on the Rental Agreement has been driving the vehicle, this constitutes a serious breach of this Agreement. Purple Cars reserves the right to:
- (a) Immediately terminate the Rental Agreement with no refund of any rental fees paid;
- (b) Require the immediate return of the vehicle to Purple Cars' designated office in Estepona;
- (c) Recover the vehicle under Clause 14.4 if not returned promptly;
- (d) Hold the Customer fully liable for any damage caused while the non-named driver was operating the vehicle, with no insurance coverage applicable.
2.4. Cancellation Policy
- Cancellations made more than 72 hours before the scheduled pickup time: Full refund of the first month's payment minus a €48 administrative fee.
- Cancellations made within 72 hours of the scheduled pickup time or no-show: No refund — the full first month's 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.
2.5. Online Booking and Digital Signature
Bookings made online via the Purple Cars website require the Customer to:
- (a) Provide their full legal name as it appears on their driving licence;
- (b) Tick a box confirming they have read and accept these Terms and Conditions;
- (c) Apply a digital signature (typed full name or drawn signature) to the booking form;
- (d) Submit payment for the first month's rental.
The Customer acknowledges that Purple Cars will capture and retain, for the purposes of evidencing acceptance of these Terms and Conditions and defending against any dispute or chargeback:
- (i) The Customer's IP address at the time of booking;
- (ii) The timestamp of acceptance;
- (iii) The device and browser information;
- (iv) The version of the Terms and Conditions accepted, with a link to the archived version.
This digital acceptance constitutes a legally binding contract under Spanish law (Ley 34/2002 de Servicios de la Sociedad de la Información y de Comercio Electrónico) and EU eIDAS Regulation 910/2014. The Customer is also required to sign a paper Rental Agreement and Vehicle Checkout Form at handover; both online digital signature and paper signature shall be valid and binding.
2.6. Document Verification at Booking and Handover
The following documents must be provided by the Customer at booking and again presented in original form at handover:
- (a) Valid passport or national identity card (DNI/NIE for Spanish residents);
- (b) Valid driving licence in the name of the primary driver and each named additional driver;
- (c) For customers with a driving licence issued outside the European Union or European Economic Area (EU/EEA), a valid International Driving Permit (IDP).
Failure to present any of the above documents in original form at handover will entitle Purple Cars to refuse handover of the vehicle, terminate the Rental Agreement, and forfeit any non-refundable amounts already paid (subject to the cancellation policy in Clause 2.4).
2.7. Background and Licence Verification Checks
The Customer expressly authorises Purple Cars, where lawfully able, to undertake the following verification checks before, during, and for the duration of the Rental Agreement:
- (a) Driving licence validation with the DGT (for Spanish licences) or the equivalent issuing authority in the Customer's home country;
- (b) Verification of the Customer's DGT puntos (penalty points) record and driving offence history, where accessible;
- (c) Sanctions and Anti-Money-Laundering (AML) screening as required by applicable law;
- (d) Identity verification with any relevant national authority.
The Customer's express consent to these checks is given by signing this Agreement. Negative results, incomplete checks, or refusal to consent may result in the rental being declined, the application of a Risk Premium (per Clause 2.2), or termination of an existing Rental Agreement. All data collected through these checks will be processed in accordance with the Privacy Policy at www.purplecars.es/privacy and applicable Spanish and EU data protection law.
2.8. Fraud and False Information
Where Purple Cars discovers, at any time before, during, or after a Rental Agreement, that the Customer has provided false information, used a fake or altered identity document, used a fake or altered driving licence, or otherwise obtained the rental by deception, the following consequences apply:
- (a) Immediate termination of the Rental Agreement with no notice required;
- (b) Forfeit of all rental fees paid (no refund of any kind, regardless of period covered);
- (c) Forfeit of any deposit held;
- (d) Immediate recovery of the vehicle under Clause 14.4, with all recovery costs charged to the Customer;
- (e) Report of the matter to the Guardia Civil or Policía Nacional as suspected fraud (estafa) under the Código Penal;
- (f) Permanent ban — the Customer and any associated parties shall not be permitted to rent from Purple Cars or any associated entity at any time in the future;
- (g) Pursuit of civil and criminal legal action where appropriate.
2.9. Used Vehicle Acknowledgement and Fleet Tier Disclosures
Pre-Contractual Information Provided by Purple Cars
Purple Cars specialises in the rental of used vehicles. This is fundamental to our offering and is reflected in our pricing, our brand identity, our public-facing marketing, and our internal fleet structure. The fact that all Purple Cars vehicles are used vehicles, with characteristics typical of used vehicles of the relevant age and mileage, is disclosed to prospective customers in multiple places before any booking is made, including (without limitation):
- (a) The Purple Cars website homepage at www.purplecars.es;
- (b) The dedicated 'Our Fleets' page, which describes each fleet tier and its characteristics;
- (c) Each individual fleet page (Premium, Mid-Range, Budget, Runabout), accessible from the navigation;
- (d) The photographs of representative vehicles shown on the website;
- (e) The pricing structure of each fleet, which reflects vehicle age and condition;
- (f) The booking form itself, which requires the Customer to select a specific fleet tier and confirms the fleet tier on the booking confirmation;
- (g) Purple Cars' brand identity, slogan, and advertising, which consistently communicate that the offering is used vehicles at accessible prices;
- (h) Pre-booking enquiries handled by Purple Cars staff via email, telephone, or WhatsApp.
Fleet Tier Characteristics
Each fleet tier has the following typical characteristics, fully disclosed pre-booking on the website. The Customer's selection of a particular fleet tier at booking constitutes acceptance of the characteristics of that tier.
Premium Fleet (Platinum):
- Purple Cars' best-condition vehicles;
- Typically under 5 years old at the time of rental;
- Well-equipped for longer drives and daily comfort;
- Lower mileage than other fleets, but as used vehicles may still display minor cosmetic wear consistent with their age.
Mid-Range Fleet (Gold):
- Newer-shape used vehicles;
- Typically between 5 and 10 years old at the time of rental;
- Often equipped with sat nav and Bluetooth, though specific features vary by vehicle;
- Moderate mileage with cosmetic wear consistent with their age.
Budget Fleet (Silver):
- Reliable everyday used vehicles;
- Typically around 10 years old at the time of rental;
- Higher mileage and minor dinks, scratches, or cosmetic blemishes consistent with their age;
- Mechanically reliable but with the cosmetic and feature limitations expected of a 10-year-old vehicle.
Runabout Fleet (Bronze):
- Purple Cars' oldest and highest-mileage vehicles, intended for A-to-B local use such as the school run, shopping, or short local trips;
- Use limited to a 150-kilometre radius of Estepona 29680 (per Clause 6.3.22);
- As stated in Clause 11.1, Purple Cars does not regas air conditioning on this fleet and does not guarantee the functionality of non-essential features such as the radio or air conditioning;
- Suitable for customers seeking the most economical option with the understanding that the vehicle reflects its age, mileage, and pricing.
Customer's Pre-Contractual Diligence
Under Spanish consumer law, including Articles 60–63 of the Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios (Royal Legislative Decree 1/2007), Purple Cars has a duty to provide clear pre-contractual information; and the Customer, as the 'average consumer' (consumidor medio), has a corresponding duty of diligence in reading and informing themselves before contracting.
The Customer expressly acknowledges that:
- (a) The pre-contractual information described above is clearly and conspicuously provided by Purple Cars and is reasonably accessible to any prospective customer before booking;
- (b) By selecting a specific fleet tier and proceeding with a booking, the Customer is deemed to have read, understood, and accepted the characteristics of that fleet tier as described on the Purple Cars website;
- (c) The Customer cannot validly claim, after booking or after vehicle handover, that they were unaware of the used-vehicle nature of the offering or the typical characteristics of the fleet tier they selected;
- (d) Failure by the Customer to read the publicly-available pre-contractual information is the Customer's own failure of diligence, not a failure by Purple Cars.
Characteristics That Are NOT a Valid Basis for Complaint
The following characteristics, having been disclosed pre-booking, are NOT a valid basis for any refund, fee waiver, chargeback, public complaint, or other dispute against Purple Cars:
- (a) Vehicle age and mileage within the range disclosed for the selected fleet tier;
- (b) Minor cosmetic wear, dinks, scratches, paintwork imperfections, faded trim, light interior wear, or other age-appropriate cosmetic blemishes;
- (c) Older-style interior, dashboard layout, or absence of modern entertainment features;
- (d) On the Runabout (Bronze) Fleet specifically: intermittent or non-functional air conditioning, radio, or other non-essential features (per Clause 11.1);
- (e) Higher fuel consumption typical of older vehicles;
- (f) Cosmetic differences between the rental vehicle and the representative photographs on the website (which are illustrative of the fleet tier, not a specific vehicle);
- (g) The absence of specific features (e.g., sat nav, Bluetooth, parking sensors, reversing camera) unless those features were specifically and individually confirmed in writing in the booking confirmation for the rental vehicle.
Vehicle Mileage Is Not Specifically Disclosed
Purple Cars does not disclose the specific odometer reading of any vehicle at booking, and customers are not entitled to a particular odometer reading at handover. The Customer accepts and acknowledges that:
- (a) Purple Cars offers unlimited mileage on all rentals (see Clause 15.7 for the full Unlimited Mileage Policy). The mileage of any vehicle changes continuously during normal use and during each rental, including the Customer's own rental;
- (b) Pre-booking disclosure of a specific odometer reading would be inherently inaccurate by the time of handover, because vehicles are used between bookings;
- (c) The relevant pre-contractual disclosure of vehicle condition is the fleet tier description in this Clause 2.9, which describes the typical age, mileage range, and condition characteristics of each tier. By selecting a fleet tier, the Customer has accepted those typical characteristics, regardless of the specific odometer reading of the vehicle ultimately offered;
- (d) A specific odometer reading is not a valid basis for refund, fee waiver, chargeback, public complaint, or other dispute against Purple Cars, provided the vehicle is consistent with the disclosed characteristics of its fleet tier;
- (e) Where mechanical condition is genuinely in question (as distinct from cosmetic or mileage concerns), the Customer's rights under Clauses 7 (Breakdown Assistance) and 8 (ITV / Servicing) remain fully available.
Miles and Kilometres
All Purple Cars vehicles are Spanish-registered and display speed (speedometer) and distance (odometer) in kilometres and kilometres per hour, in accordance with Spanish and EU vehicle regulations. The Customer specifically acknowledges that:
- (a) Spanish speed limits, as posted on road signs throughout Spain, are expressed in kilometres per hour (km/h), not miles per hour (mph);
- (b) Customers from the United Kingdom, Ireland, the United States, or any other jurisdiction in which miles are commonly used are responsible for understanding the difference between miles and kilometres. As a guide, 1 mile is approximately 1.609 kilometres; 100 km/h is approximately 62 mph; 120 km/h is approximately 75 mph;
- (c) The Customer is responsible for obeying Spanish speed limits at all times, regardless of any personal familiarity with miles or unfamiliarity with kilometres. Confusion between miles and kilometres is not a valid defence against speeding fines, accident liability, or any other consequence of breaching Spanish traffic law;
- (d) Where the Customer wishes to view distances in miles for personal navigation purposes, this is the Customer's responsibility (e.g., setting personal navigation devices or apps to miles), but the vehicle's own instruments will remain in kilometres;
- (e) The odometer reading on the vehicle is expressed in kilometres. An odometer reading that may appear high in miles is significantly lower when correctly interpreted as kilometres (for example, 160,000 km is approximately 99,400 miles).
Individual Vehicle Pricing
Purple Cars prices each vehicle individually, based on a combination of factors including (without limitation):
- (a) The fleet tier of the vehicle (Runabout/Bronze, Budget/Silver, Mid-Range/Gold, or Premium/Platinum);
- (b) The age of the specific vehicle;
- (c) The mileage of the specific vehicle at the time of pricing;
- (d) The cosmetic and mechanical condition of the specific vehicle;
- (e) Any existing damage or wear noted on the specific vehicle;
- (f) Market demand, seasonality, and the length of the rental;
- (g) Other commercial factors at Purple Cars' discretion.
The Customer acknowledges that:
- (i) The price quoted to the Customer reflects the specific vehicle being offered to that Customer;
- (ii) Different vehicles within the same fleet tier may be priced differently based on the factors above;
- (iii) The fact that another customer may have paid a different price for a vehicle in the same fleet tier (whether more or less) is not a valid basis for refund, fee waiver, chargeback, public complaint, or other dispute;
- (iv) Website pricing displayed by fleet tier is indicative of the tier and is not a guaranteed price for any specific vehicle. The final price quoted in the booking confirmation is the binding price for that rental.
Vehicle Selection at Handover
Where, at vehicle handover, the Customer believes that the specific vehicle offered does not meet the disclosed characteristics of the fleet tier selected (e.g., a Mid-Range vehicle offered is in fact significantly older or in significantly worse condition than disclosed for that tier), the Customer must raise this concern with Purple Cars staff before accepting handover and signing the Vehicle Checkout Form. Once the Customer has signed the Vehicle Checkout Form, the Customer is deemed to have accepted that the specific vehicle meets the disclosed characteristics of the fleet tier selected.
3. Rental Fees and Payments
3.1. Monthly Rate Inclusions
The agreed monthly rental rate INCLUDES:
- IVA (Value Added Tax) and local taxes.
- Compulsory Motor Insurance in accordance with current legislation.
- Vehicle Occupant Insurance.
- Mandatory breakdown policy (per Clause 3.2).
- Unlimited kilometres (per Clause 15.7).
The agreed monthly rental rate DOES NOT include, and the Customer is fully liable for:
- Loss, breakage, or non-return of vehicle keys (up to €300 may apply, see Clause 10.1);
- Misfuelling (use of the wrong fuel type) and all consequential mechanical damage;
- Damage arising from the Customer's neglect of day-to-day vehicle maintenance, including failure to monitor fluid levels, tyre pressures, or dashboard warning lights (see Clauses 16.1 and 16.2);
- Damage to wheels, tyres, and underbody of the vehicle;
- Damage from any non-authorised use as defined in Clause 6.3;
- Traffic fines, parking fines, tolls, congestion charges, low-emission zone charges, or any administrative penalties received in connection with the vehicle (see Clause 13);
- Cleaning charges where the vehicle is returned in a condition requiring more than standard valet (see Clauses 6.3.16, 6.3.23, 10.2, and 12.7);
- Any other charge, fee, penalty, or amount arising under this Agreement.
3.2. Mandatory Breakdown Policy
All rentals include a mandatory breakdown policy supplied by RACE. Its cost is covered by the Monthly Rental Fee.
3.3. 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.
3.4. Monthly Payments
By entering into a Rental Agreement, you agree to scheduled monthly payments being processed without further instruction or authority from you. These payments are facilitated via Purple Cars' Secure Payment Platform (Stripe), which automatically charges your card each month for the agreed monthly rate, and will continue until the contract is cancelled.
3.5. Payment Default
- Where a recurring monthly payment is declined or fails to be collected via the secure payment platform, and the resulting outstanding balance remains unpaid for more than seven (7) calendar days from the original due date, Purple Cars will apply a single late payment administration fee of €25.00. This fee is charged once per missed monthly payment, regardless of the number of collection attempts made during the 7-day period.
- Purple Cars reserves the right to attempt to collect the outstanding payment by re-processing the registered card on multiple occasions during the default period and thereafter, until the outstanding balance is settled in full. The €25.00 late payment fee is charged once per missed monthly payment, not per retry attempt.
- Defaults may result in the termination of the Rental Agreement and the vehicle being reported as misappropriated (apropiación indebida) to the relevant authorities, in accordance with the timeframes and procedures set out in Clause 3.10.
3.6. Application of Rates
The application of the initially agreed rate is dependent upon the vehicle being returned at the designated place and time and on the stipulated date as per the Rental Agreement.
3.7. Right to Charge
You undertake to pay Purple Cars any charges arising from vehicle hire, insurance, and taxes as determined by the current Purple Cars rates, and any other items applicable under this Rental Agreement and these Terms and Conditions.
3.8. Continuing Authorisation to Charge the Customer's Payment Card
By signing this Rental Agreement, the Customer expressly, irrevocably, and unconditionally authorises Purple Cars to charge the payment card held on file (and any replacement, renewal, or successor card issued under the same account, including cards re-issued with new expiry dates or numbers) for any and all amounts owed under this Agreement, without prior notice, additional authorisation, or further instruction from the Customer.
Why We Charge Without Prior Notice
Charging the registered card automatically and without prior notice is intended to protect the Customer as well as Purple Cars. In particular:
- (a) Spanish traffic fines double in value if not paid within 20 calendar days. By charging the card immediately, Purple Cars settles the fine on time and avoids the Customer being charged double;
- (b) Outstanding rental fees that remain unpaid trigger automatic termination under Clause 3.10 and recovery action under Clause 14.4. Automatic card processing reduces the likelihood of these consequences;
- (c) Damage and recovery costs need to be processed quickly to maintain accurate records and free up the vehicle for re-rental.
Reissuing Fines in the Customer's Name
Where possible, or where required by the issuing authority, Purple Cars will arrange for traffic, parking, low-emission zone, or other administrative fines to be reissued by the relevant authority directly in the Customer's name. This transfers legal liability for the underlying fine from Purple Cars to the Customer and allows the Customer to handle any dispute, payment, or appeal directly with the issuing authority. Where the fine is reissued in the Customer's name:
- (i) The Customer remains liable for the €34 administration fee under Clause 13 for Purple Cars' processing time;
- (ii) The Customer pays the underlying fine directly to the issuing authority;
- (iii) Purple Cars provides the Customer with copies of all relevant documentation.
Where reissue is not possible (e.g., because the issuing authority does not accept transfer, or the Customer cannot be identified to the authority within the statutory deadline), Purple Cars will pay the fine itself and recover the full amount from the Customer under the continuing card authorisation in this Clause 3.8.
Scope of Authorisation
This authorisation extends to, but is not limited to:
- (a) Monthly rental fees and all recurring scheduled payments;
- (b) Outstanding rental fees, arrears, and any unpaid invoices;
- (c) Late payment fees, default fees, and the €25 late payment administration fee per missed monthly payment under Clause 3.5;
- (d) Traffic fines, parking fines, low-emission zone charges, and any other penalties received in connection with the rental vehicle, plus the applicable €34 administration fee per fine (see Clause 13.1);
- (e) Damage charges, including parts, labour, paintwork, and the €100 fixed damage administration fee per claim;
- (f) Valet charges, fuel shortfall charges, and refuelling administration fees;
- (g) Recovery, towing, locksmith, storage, repossession, and self-help recovery costs (including the Recovery Administration Fee under Clause 14.4);
- (h) Abandonment penalties, geofence breach penalties, and tracker tampering charges;
- (i) Chargeback defence costs and the €75 chargeback administration fee;
- (j) Legal fees, debt collection agency fees, court costs, and translation costs incurred in pursuing amounts owed;
- (k) Any other charge, fee, penalty, or amount arising under this Agreement.
Duration of Authorisation
This authorisation remains in full force and effect:
- (i) For the duration of the Rental Agreement; and
- (ii) For a continuing period of twenty-four (24) months following the end of the Rental Agreement (whether terminated normally, early, or for cause), to allow for the late receipt of fines, late-discovered damage, and other delayed charges; and
- (iii) Where amounts remain outstanding at the end of the 24-month period, the authorisation shall continue for so long as any amount remains owed to Purple Cars, until the debt is settled in full or written off in writing by Purple Cars.
Multiple Attempts
The Customer expressly authorises Purple Cars to attempt to charge the registered card on multiple occasions, on different dates, at different times, and in differing amounts (including partial amounts where the full balance cannot be processed in a single transaction), in order to recover outstanding sums. There is no maximum cap on the number of retry attempts. A €25 late payment administration fee under Clause 3.5 is charged once per missed monthly payment that remains unpaid for more than seven (7) calendar days, not per individual retry attempt.
Customer's Obligation to Maintain a Valid Card
The Customer undertakes to:
- (i) Maintain a valid, active, and adequately funded payment card on file at all times during the Rental Agreement and for the 24-month period following;
- (ii) Notify Purple Cars in writing within fourteen (14) days of any change to the card on file (including loss, theft, cancellation, expiry, or replacement) and provide updated card details;
- (iii) Not instruct their bank or card issuer to block or refuse charges from Purple Cars during the authorisation period;
- (iv) Not initiate a chargeback or payment dispute without first raising the matter in writing with Purple Cars under the complaints procedure in Clause 19.4.
3.9. Chargebacks and Payment Disputes
Where the Customer initiates a chargeback, payment dispute, or reversal with their card issuer or bank in respect of any charge made by Purple Cars under this Agreement, the Customer agrees that:
- (a) Purple Cars reserves the right to defend the chargeback with all evidence available, including the signed Rental Agreement, signed Vehicle Checkout Form, digital signature audit trail (per Clause 2.5), photographs, GPS data, fine notices, and damage reports;
- (b) The Customer shall be liable for all costs incurred by Purple Cars in defending the chargeback, including a €75 administration fee per disputed charge;
- (c) An unsuccessful or fraudulent chargeback (one where the underlying charge is found to be valid) may be reported to credit reference agencies and may result in legal action;
- (d) The Customer may not withhold payment of any undisputed amount whilst a separate dispute is ongoing; all monthly rental payments and other agreed charges remain due in full pending resolution;
- (e) The Customer must first raise any complaint in writing under the procedure in Clause 19.4 before initiating a chargeback, allowing Purple Cars fourteen (14) days to investigate and respond.
3.10. Automatic Termination for Non-Payment
Without prejudice to any other rights of Purple Cars under this Agreement, the following automatic termination triggers apply based on the Customer's deposit status:
(a) Customers Without a Security Deposit
Where the Customer has selected the Zero Excess Package or no deposit is held by Purple Cars for any reason, and any payment due under this Agreement remains unpaid for more than fourteen (14) calendar days from the original due date, the Rental Agreement shall be automatically terminated with immediate effect, without further notice required to the Customer. Recovery proceedings under Clause 14.4 may commence immediately upon expiry of this 14-day period.
(b) Customers With a Security Deposit Held by Purple Cars
Where a security deposit is held, and any payment due remains unpaid for more than thirty (30) calendar days from the original due date, the Rental Agreement shall be automatically terminated with immediate effect, without further notice required to the Customer. Recovery proceedings under Clause 14.4 may commence immediately upon expiry of this 30-day period. Purple Cars reserves the right to apply the held security deposit against any outstanding amounts; however, application of the deposit does not cure the default if amounts remain outstanding after deposit application.
(c) Common Provisions
Upon automatic termination under (a) or (b):
- (i) The Customer must return the vehicle to Purple Cars' designated office in Estepona within seventy-two (72) hours of the termination event;
- (ii) Failure to return the vehicle within this period authorises Purple Cars to repossess the vehicle using GPS tracking data and any necessary means under Clause 14.4, and to report the vehicle as misappropriated (apropiación indebida) to the Guardia Civil or Policía Nacional. Purple Cars reserves the right to commence repossession before the 72-hour period expires in cases meeting any of the earlier-trigger conditions in Clause 3.10(d);
- (iii) The Customer remains liable for all outstanding rental fees, late payment fees, recovery costs, legal fees, and any damage to the vehicle;
- (iv) Termination under this clause does not entitle the Customer to any refund of fees already paid; the full monthly rental period in which the default occurred is forfeited;
- (v) Purple Cars reserves the right, at its sole discretion, to grant a written extension of the default period or accept a written payment plan; however, no extension or plan is binding unless confirmed in writing by Purple Cars management.
(d) Earlier Default Triggers — Both Categories
Notwithstanding the periods above, Purple Cars reserves the right to commence recovery proceedings earlier than the applicable 14- or 30-day period where:
- (i) The Customer has expressly stated, in writing or verbally, that they will not pay or do not intend to return the vehicle;
- (ii) The vehicle has crossed the geofenced rental area without authorisation and the Customer is uncontactable;
- (iii) The Customer is uncontactable by all available contact methods for more than fourteen (14) consecutive days, regardless of payment status;
- (iv) Purple Cars reasonably suspects fraud, theft, or that the vehicle has been abandoned, sub-leased, or transferred to a third party in breach of this Agreement;
- (v) The Customer's payment card has been reported lost, stolen, cancelled, or has otherwise become unavailable for processing, and no replacement payment method has been provided within seven (7) days of Purple Cars' written request.
3.11. Right to Adjust Monthly Rates on Rolling Contracts
The agreed monthly rate is locked for the first three (3) months of the Rental Agreement. After this initial period, Purple Cars reserves the right to adjust the monthly rate for any subsequent rolling monthly period, subject to the following:
- (a) Purple Cars will give the Customer not less than fourteen (14) days' written notice of any rate change before it takes effect;
- (b) Rate changes will only take effect from the start of the next monthly rolling period, not mid-period;
- (c) The Customer may terminate the Rental Agreement under Clause 15.6 (14-day notice) if they do not accept the new rate, without penalty;
- (d) If the Customer does not terminate and continues into the next monthly rolling period, the Customer is deemed to have accepted the new rate;
- (e) Pass-through changes to IVA, road tax, breakdown provider charges, and other statutory or third-party costs may be applied at any time without notice.
4. Security / Damages Deposit
4.1. Standard Security Deposit (if Zero Excess not selected)
A refundable security/damages deposit is required at the beginning of each rental unless the Zero Excess Package (Clause 4.7) has been selected. This deposit covers any potential damages to the vehicle while it is in your care and acts as your insurance excess in the event of an at-fault claim.
4.2. Standard Deposit Amounts (if Zero Excess not selected)
- Runabout (Bronze) Fleet: €350.00
- Budget (Silver) Fleet: €500.00 (manual cars), €650.00 (automatic cars)
- Mid-Range (Gold) Fleet: €650.00 (manual cars), €750.00 (automatic cars)
- Premium (Platinum) Fleet: €750.00 (manual cars), €850.00 (automatic cars)
Note: Mid-Range and Premium automatic deposits added in V5; please confirm or amend before publication based on commercial pricing.
4.3. Exclusions from Excess Coverage
We do not accept Collision Damage Waiver (CDW) or any other third-party insurance policies to reduce or cover your security/damages deposit or excess under the standard rental.
4.4. Deposit Maintenance
Any standard deposit must be maintained at the agreed level throughout the rental period.
4.5. Standard Deposit Refund
The deposit is collected at the start of your rental and is fully refundable within 14 business days after the vehicle has been returned (or until any claim or dispute is resolved), provided the vehicle is returned in the same condition as taken, accounting for fair wear and tear.
Deposits will automatically be refunded to the original card held on file to prevent money laundering; you are required to confirm these details at the end of your rental to enable us to process your refund to the correct card. If the original charge underwent currency conversion, the refunded amount will be converted back using the same process. There are no fees to refund a charge; any fees incurred from the original charge will not be refunded.
4.6. Deposit Refund Queries
Deposit refunds are not dealt with by office staff. If you have any questions regarding your deposit refund, please email accounts@purplegroup.es.
4.7. Zero Excess Package (Optional)
Customers may opt for our Zero Excess Package at a cost of €4.00 per day (inclusive of IVA), payable in full upfront at the start of the rental and non-refundable. The Zero Excess Package is intended to give the Customer the convenience of not having to provide a security deposit,
with reduced personal liability for the specific damage categories listed below.
What the Zero Excess Package Covers
Where the Zero Excess Package is selected and paid for in full upfront, the Customer is not required to provide a security/damages deposit, AND the Customer benefits from reduced excess liability for the following specific categories of damage:
- (a) Single-panel paintwork scratches, scuffs, and minor dents to the vehicle body;
- (b) Bumper scuffs and minor cosmetic bumper damage;
- (c) Windscreen, side window, headlight, tail light, and wing mirror GLASS damage (excluding the bulb, unit, motor, or housing itself);
- (d) Other minor cosmetic damage to the vehicle exterior that would normally be charged against the standard security deposit under Clause 4.5.
Per-Incident Damage Administration Fee
Each damage incident processed under the Zero Excess Package remains subject to the standard €100 damage administration fee under Clause 10.2 (or 25% of the underlying repair cost, whichever is the lower amount). This fee covers the operational cost of processing, photographing, recording, repairing, and billing the damage claim, and is not absorbed by the Zero Excess Package. The Customer expressly authorises Purple Cars to charge this fee to the registered card under Clause 3.8.
The Customer acknowledges that the existence of the Zero Excess Package does not relieve the Customer of the duty to use the vehicle with due care and diligence (Clause 6.1). Where Purple Cars determines that damage has arisen from a clear lack of due care, Purple Cars reserves the right to apply the relevant exclusion from the Zero Excess Package (set out below) and to recover the full cost of repair from the Customer.
Exclusions from the Zero Excess Package
The Zero Excess Package does NOT cover, and the Customer remains FULLY liable for, the following — regardless of having paid for the Zero Excess Package:
- (a) Damage to wheels, tyres (including kerb damage and punctures from driver negligence), and underbody of the vehicle;
- (b) Engine damage arising from neglect of fluid levels (oil, coolant, water) or failure to respond to dashboard warning lights, per Clause 16.1;
- (c) Damage from driving off-road, on unsuitable surfaces, beaches, forestry roads, or any prohibited area listed in Clause 6.3;
- (d) Damage caused by Customer's miscalculation of vehicle height (e.g., car park barriers, low bridges);
- (e) Theft, attempted theft, fire, and vandalism;
- (f) Loss or breakage of keys, or return to an incorrect office (up to €300 may apply);
- (g) Misfuelling and all consequential damage from incorrect fuel;
- (h) Interior damage including stains, burns, tears, smoking damage, pet damage, and excessive cleaning requirements;
- (i) Damage arising from any non-authorised use as defined in Clause 6 (including but not limited to commercial use, geofence breach, lending the vehicle to non-named drivers, taking the vehicle to Africa or onto non-Spanish ferries, and Low-Emission Zone breaches);
- (j) Damage caused by reckless driving, racing, or behaviour that would be considered grossly negligent by a reasonable driver;
- (k) Damage where the Customer has failed to report the incident promptly under Clauses 9.1 or 16.7 or has attempted to conceal damage under Clause 16.8;
- (l) Damage where the Customer cannot provide verifiable third-party details under Clause 9.5 and the damage is consistent with Customer-caused damage;
- (m) The bodywork or mechanical unit underlying any glass damage covered under (c) above (e.g., the headlight unit, mirror housing, or motor mechanism);
- (n) Any standard insurance exclusion listed in Clause 5.3.
Selection at Booking
The Zero Excess Package must be selected and confirmed in writing at the time of booking or before vehicle collection. It cannot be added retrospectively after a damage incident has occurred. Where the Zero Excess Package has been selected but not paid for in full, the standard security deposit (Clause 4.2) applies.
5. Insurance and Coverage
5.1. Compulsory Coverage
Rental rates include Compulsory Third-Party Insurance for the vehicle and Supplementary Civil Liability insurance to cover damage to third parties as a result of using and driving the vehicle, provided the conditions in Clause 5.2 are met.
5.2. Conditions for Insurance Coverage
Insurance coverage is contingent upon the following conditions being met:
5.2.1. In the event of a collision, you must complete the European Accident Statement / European Accident Form (Declaración Amistosa de Accidente — DAA) and send Purple Cars the full details of the third party and any witnesses before forty-eight hours have elapsed. The European Accident Form must record all relevant details (number plate, name, address, circumstances, sketch, third party insurance details) and must be signed by all involved drivers where applicable. The European Accident Form is the standard form used across the EU/EEA and is the preferred form of incident documentation for insurance purposes.
5.2.2. The insurance company does not refuse to accept the claim because the vehicle's driver was not in the physical and mental condition required by the Highway Code.
5.2.3. The collision did not take place during non-authorised use (as defined in Clause 6).
5.2.4. You sent notice of the collision within forty-eight hours of the event, together with the relevant documents (accident report, report to the authorities, etc.).
5.3. 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;
- (g) Loss, breakage, or non-return of vehicle keys;
- (h) Misfuelling (use of the wrong fuel type) and all consequential mechanical damage;
- (i) Damage arising from the Customer's neglect of day-to-day vehicle maintenance, including failure to monitor and maintain fluid levels (oil, coolant, water, washer fluid), tyre pressures, or to respond to dashboard warning lights (see Clauses 16.1 and 16.2);
- (j) Engine damage, gearbox damage, or any mechanical damage arising from Customer negligence;
- (k) Damage from driving off-road, on unsuitable surfaces, or in any area prohibited under Clause 6.3;
- (l) Damage arising from any non-authorised use of the vehicle as defined in Clause 6.
6. Non-Authorised Use of the Vehicle
6.1. 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 authorised under the Rental Agreement to drive the vehicle. Failure to comply with the provisions of these Terms and Conditions will be construed as non-authorised use.
6.2. Liability for Non-Authorised Use
You are fully liable for any damage to the vehicle (exterior and interior) or to third parties arising from non-authorised use. In the event of prosecution, you must pay for all associated costs and lawyers' fees, even if the latter's involvement in the proceedings was not mandatory. Any unauthorised use on your part will entitle Purple Cars to terminate the Rental Agreement early for breach of contract and, where appropriate, to claim for any damages that may apply in this respect.
6.3. Examples of Non-Authorised Use
Examples of Non-Authorised Use include, but are not limited to:
6.3.1. Driving the vehicle by persons not authorised 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. Commercial use:
Driving the vehicle for 'commercial gain' or the transport of individuals or goods for which you receive direct or indirect payment is strictly prohibited. This includes, without limitation, use of the vehicle for ride-sharing services (Uber, Cabify, Bolt, BlaBlaCar), taxi services, food or parcel delivery (Glovo, UberEats, Just Eat, Deliveroo, Amazon Flex), courier services, or any equivalent platform. Any breach of this clause will result in immediate termination of the Rental Agreement and recovery of the vehicle under Clause 14.4.
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. Geographic Restrictions:
Driving the vehicle outside of Andalucía without the prior written consent of Purple Cars is prohibited. The Customer may drive in and out of Gibraltar without prior notification; however, all other journeys must remain within Andalucía.
Geofence breach penalties:
- (i) First geofence breach: Written warning issued to the Customer, no financial penalty;
- (ii) Second and every subsequent geofence breach: €250 penalty per incident, automatically charged to the registered card under Clause 3.8;
- (iii) If the vehicle requires recovery from outside Andalucía, the Customer pays ALL recovery costs including cross-border tow, fuel, mileage, and staff time, in addition to the per-incident penalty and the Recovery Administration Fee under Clause 14.4;
- (iv) Repeated breaches or refusal to return the vehicle to Andalucía constitutes a serious breach and may result in immediate termination.
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. Customer obligations on warning lights are detailed in Clause 16.2.
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, see Clause 10.2).
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.
6.3.22. For Runabout (Bronze) Fleet vehicles, use is limited to a 150-kilometre radius of Estepona 29680. If you have a breakdown outside of this area, breakdown assistance may not be covered by the policy.
6.3.23. Smoking, Vaping, and Pets:
- Smoking and vaping of any kind (cigarettes, e-cigarettes, vapes, cigars, pipes, cannabis or any other substance) inside the vehicle is strictly prohibited. Breach will result in a €250 deep-clean and deodorisation charge automatically deducted from the deposit (where applicable) or charged to the card on file under Clause 3.8.
- Transporting pets or animals of any kind inside the vehicle is strictly prohibited. Breach will result in a €250 cleaning charge to remove animal hair, dander, and odours, automatically deducted from the deposit or charged to the card on file under Clause 3.8. This is in addition to any repair costs for damage caused by the animal.
6.3.24. Low-Emission Zones (ZBE / LEZ):
Driving the vehicle into any designated Low-Emission Zone (ZBE — Zona de Bajas Emisiones) in Spain or elsewhere is strictly prohibited. This includes, without limitation, Madrid Central / Madrid ZBE, Barcelona ZBE, Sevilla ZBE, and any equivalent low-emission, congestion, or restricted-traffic zone in any city. The Customer remains fully liable for any fines, daily charges, or penalties incurred for entering such zones with the rental vehicle, plus the standard fine administration fee under Clause 13.1. Multiple breaches may result in immediate termination of the Rental Agreement.
6.3.25. Africa and Non-Spanish Ferries:
Taking the vehicle to Africa (including Morocco, Algeria, Ceuta, Melilla, or any African country) is strictly prohibited. Taking the vehicle onto any ferry to a non-Spanish destination is strictly prohibited. The vehicle's insurance is voided the moment the vehicle leaves Spain by ferry to a non-Spanish destination.
Breach of this clause will result in:
- (i) Immediate termination of the Rental Agreement;
- (ii) The Customer being held 100% liable for ANY damage, loss, theft, or disappearance of the vehicle while outside Spain (no insurance coverage applies);
- (iii) The Customer being liable for ALL recovery costs, including international tow and transport;
- (iv) The Recovery Administration Fee under Clause 14.4.
6.3.26. Lending the Vehicle:
Only the primary renter and any named additional driver(s) listed on the Rental Agreement may drive the vehicle. Lending the vehicle to friends, family members, partners, or any other person not named on the Rental Agreement is strictly prohibited, regardless of how brief the loan or how qualified the driver.
Breach of this clause will result in immediate termination of the Rental Agreement and recovery of the vehicle under Clause 14.4. Any damage occurring while the vehicle is being driven by a non-named driver is the full liability of the Customer, with no insurance coverage.
6.3.27. Underground Car Parks and Flood Risk:
Following recent and recurring DANA storm events and flash flooding incidents in Andalucía and other parts of Spain, the Customer is specifically prohibited from parking, leaving, or storing the rental vehicle in any underground car park, below-grade parking facility, basement parking, or any car park at or below street level where:
- (a) A weather warning has been issued by the Agencia Estatal de Meteorología (AEMET) at yellow, orange, or red level for the area; or
- (b) Flash flooding, heavy rainfall, or storm conditions have been reported or are forecast for the area; or
- (c) The car park has previously been known to flood, or shows any signs of standing water, drainage problems, or flood markings.
The Customer acknowledges that:
- (i) Underground and below-grade car parks in Spain are particularly vulnerable to flash flooding and have, in recent years, resulted in the total loss of vehicles parked in them during weather events;
- (ii) The Customer is responsible for checking weather warnings issued by AEMET (www.aemet.es) and moving the vehicle to higher ground or street-level parking when warnings are issued;
- (iii) Damage to the rental vehicle arising from flooding in an underground or below-grade car park, in the circumstances described above, is the Customer's FULL liability. This damage is NOT covered by the standard insurance, NOT covered by the Zero Excess Package, and NOT covered by the security deposit (which is a contribution, not a cap);
- (iv) The replacement cost of a flood-damaged vehicle can range from several thousand to tens of thousands of euros, and the Customer's full liability includes this replacement cost plus the €100 damage administration fee under Clause 10.2;
- (v) Where the Customer leaves the vehicle in an underground or below-grade car park during a yellow, orange, or red AEMET warning, the Customer's actions will be considered a clear failure of due care under Clause 6.1, and Purple Cars reserves the right to apply all available exclusions under this Agreement, including those in Clauses 4.7 (Zero Excess Package), 5.3 (Insurance Exclusions), and the engine and mechanical damage exclusions.
Where the Customer is genuinely unable to find above-ground parking and must use an underground or below-grade car park, the Customer is strongly advised to: (a) check AEMET warnings before parking, (b) avoid the lowest level of any multi-level underground car park, (c) contact Purple Cars for guidance, and (d) move the vehicle promptly if any warning is subsequently issued.
6.4. Abusive or Threatening Behaviour
Purple Cars is committed to providing a safe working environment for its staff. Any behaviour by the Customer or any authorised additional driver that is abusive, threatening, intimidating, harassing, discriminatory, or violent — whether in person, by telephone, by email, by text message, by WhatsApp, by social media, by online review, or by any other means of communication — towards Purple Cars staff, contractors, or representatives constitutes a serious breach of this Agreement.
A single incident of such behaviour is sufficient to trigger termination; no prior warning is required.
In such cases, Purple Cars reserves the right to:
- (a) Immediately terminate the Rental Agreement with no refund of any rental fees paid (the full monthly rental period in which the incident occurred is forfeited);
- (b) Require the immediate return of the vehicle to Purple Cars' designated office in Estepona within seventy-two (72) hours of written notice;
- (c) Repossess the vehicle without prior judicial intervention, using GPS tracking data and any necessary means under Clause 14.4, with all recovery costs charged to the Customer;
- (d) Refuse all future business with the Customer and any associated parties;
- (e) Report serious incidents (including threats of violence) to the Guardia Civil or Policía Nacional;
- (f) Pursue legal action for damages, including damages for distress caused to staff.
The determination of whether behaviour constitutes abuse, threats, or harassment shall be made at the sole and reasonable discretion of Purple Cars management.
6.5. Mid-Rental Inspections and Vehicle Substitution
Mid-Rental Inspections
Purple Cars reserves the right to inspect the vehicle at any time during the rental period on seven (7) days' written notice to the Customer. The Customer must make the vehicle available for inspection at Purple Cars' Estepona office on the agreed date and time, or at a mutually agreed alternative location.
Unreasonable refusal to make the vehicle available for inspection, or failure to do so on more than one occasion, constitutes a serious breach of this Agreement and may result in termination.
Vehicle Substitution
Purple Cars reserves the right to substitute the rental vehicle for another vehicle of equivalent specification at any time during the rental on seven (7) days' written notice to the Customer. This may be required for, but is not limited to, ITV (Spanish technical inspection), manufacturer recalls, scheduled servicing, repair following damage, or operational reasons.
The replacement vehicle will be of the same fleet tier (Runabout, Budget, or Premium) as the original. Vehicle make, model, year, and colour may differ. The Customer's signed Rental Agreement and these Terms and Conditions shall apply to the replacement vehicle in the same way as to the original.
6.6. Discretion to Decline Bookings and Commercial Termination
Purple Cars reserves the right, at its sole discretion:
- (a) To decline any booking before vehicle handover, with full refund of all amounts paid (less any cancellation fees in Clause 2.4), without being required to give a reason. This right may be exercised on any reasonable commercial, operational, or risk-management ground;
- (b) To terminate an existing Rental Agreement on thirty (30) days' written notice where the rental has become commercially unviable for Purple Cars due to operational, regulatory, insurance, or fleet-management reasons. In such cases Purple Cars will provide a full pro-rata refund of any rental fees paid for the unused portion of the rental period and will reimburse the Customer's reasonable and documented costs of arranging alternative transport for the remainder of the period for which they had paid, up to a maximum of one (1) month's rental fee.
This clause does not limit Purple Cars' right to terminate immediately and without notice or refund under any other clause of this Agreement (including Clauses 2.8, 3.10, 6.4, and 14.4).
7. Breakdown Assistance
7.1. Mandatory Policy
All our vehicles include a mandatory breakdown policy supplied by RACE. This policy is covered by the Monthly Rental Fee.
7.2. 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 enquiries, please call our dedicated helpline at +34 900 104 020, or message us via WhatsApp on +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.
7.3. 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.
7.4. Vehicle Recovery
In the event of a breakdown, it is essential that the vehicle is recovered to our designated service centre: Purple Cars Service Centre, Calle Miguel Servet 2, Polígono Industrial, Estepona, 29680. Cars taken to any other garage will not be covered under this policy.
7.5. Courtesy Car Provision
A courtesy car will only be provided after the vehicle experiencing the breakdown has been returned to Purple Cars Service Centre 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.
7.6. 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.
7.7. Limitation of Liability for Indirect and Consequential Damages
Purple Cars shall not be liable, under any circumstances, for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with the Rental Agreement, the use of the vehicle, vehicle breakdown, accident, traffic delay, road closure, weather event, or any other event, including but not limited to:
- (a) Missed flights, trains, ferries, cruises, or any other transportation connections;
- (b) Missed business meetings, appointments, weddings, events, or social engagements;
- (c) Lost wages, lost business opportunities, or lost profits;
- (d) Accommodation costs, alternative transport costs, rebooking fees, or upgrade fees;
- (e) Personal inconvenience, stress, or distress;
- (f) Any losses incurred by passengers or third parties travelling with the Customer.
The Customer expressly acknowledges that vehicle rental carries inherent risks, including the possibility of mechanical failure, traffic delays, road closures, weather events, and accidents, and accepts full responsibility for allowing sufficient time and contingency for any time-sensitive journeys. The Customer is strongly advised to obtain appropriate travel insurance to cover such risks.
Purple Cars' total liability under any circumstance shall not exceed the total rental fees paid by the Customer for the rental period in which the event occurred.
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.
8.2. We will always contact you 7 days before the due date to arrange a convenient time for you to bring the car in, and we will provide you with a courtesy car.
8.3. It is important to note that the ITV centre is government-run, and they provide us with the appointment times; we do not get to choose. We require you to drop the car to us the day before the appointment, and we will need the car for a minimum of 48 hours to allow us to carry out our checks and servicing schedule.
8.4. 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. Accidents, Damage, and Reporting
9.1. Immediate Notification
In the event of any accident, however minor, you must call Purple Cars immediately on +34 851 000 726, or contact us via WhatsApp on +34 630 54 21 51.
9.2. Customer Obligations in an Accident
In the event of an accident, you undertake to:
9.2.1. Complete the European Accident Statement / European Accident Form (Declaración Amistosa de Accidente — DAA) and send Purple Cars the full details of the third party and any witnesses before forty-eight hours have elapsed. The European Accident Form must record all relevant details (number plate, name, address, circumstances, sketch, third party insurance details) and must be signed by all involved drivers where applicable. The European Accident Form is the standard form used across the EU/EEA and is the preferred form of incident documentation for insurance purposes.
9.2.2. Alert the authorities immediately if the guilt of the third party needs to be investigated or if anyone has been injured.
9.2.3. Not abandon the hired vehicle without taking due measures to safeguard it.
9.2.4. Not undertake any repairs to the Vehicle without explicit authority from Purple Cars.
9.2.5. Not accept liability for any incident.
9.3. 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.
9.4. Accident Administration Fee
The costs of an 'Accidents Administration Fee' up to a maximum of €150 may apply for accident-related processing.
9.5. Damage Without Verifiable Third-Party Identification
Where the Customer reports damage to the vehicle and claims it was caused by a third party, the Customer must provide, within forty-eight (48) hours of the incident:
- (a) The full name, address, contact details, driving licence number, and insurance details of the third party;
- (b) A completed Agreed Statement of Facts (DAA) signed by both parties; or, if the third party left the scene, a formal police report (denuncia) lodged with the Guardia Civil or Policía Nacional within twenty-four (24) hours of the incident, with a copy provided to Purple Cars;
- (c) Photographs of the scene, both vehicles, and any visible damage;
- (d) Contact details of any witnesses.
Failure to provide all of the above documentation within the 48-hour window will result in the Customer being held fully liable for all damage and associated costs, regardless of the Customer's account of how the damage occurred. No insurance claim can or will be processed without complete third-party documentation, and the Customer acknowledges that any unverifiable claim of third-party fault will be treated as Customer-caused damage for the purposes of this Agreement.
9.6. Theft of Fuel, Parts, and Accessories
The Customer is responsible for protecting the vehicle from theft and damage during the rental, including parking the vehicle in safe locations, locking the vehicle when unattended, and not leaving valuables or accessories visible.
Where fuel, parts, accessories, or fixtures are stolen from the vehicle during the rental period (including, without limitation, catalytic converters, wheels, badges, mirrors, headlights, in-car equipment, or fuel siphoned from the tank), the Customer is liable for the full replacement cost plus the €100 damage administration fee under Clause 10.2, UNLESS the Customer:
- (a) Reports the theft to the Guardia Civil or Policía Nacional within twenty-four (24) hours of discovery and obtains a formal denuncia (police report);
- (b) Notifies Purple Cars in writing within twenty-four (24) hours of discovery with a copy of the denuncia.
Where the Customer complies with (a) and (b), the loss may be claimed against insurance subject to insurance terms and exclusions. Failure to comply with either requirement results in full Customer liability.
10. Exclusions from Coverage, Damage Charges, and Edge Cases
10.1. Exclusions from Standard Coverage
While our standard rental includes comprehensive insurance, the following types of damage and incidents are not covered by your standard rental agreement or security deposit (where applicable), and may result in additional charges:
- Theft, Fire, and Vandalism
- Loss of Keys (Costs up to €300 may apply for loss, breakage, or return to an incorrect office, and vehicle immobilization costs)
- Towing Charges (unless related to a covered breakdown)
- Damage to the Roof and Underbody of the Vehicle
- Damage due to Customer's Miscalculation of Vehicle Height
- Misfuelling and consequential engine damage
- Engine damage from neglect of fluid maintenance (per Clause 16.1)
- Damage caused by driver negligence (kerbing, driving on a flat tyre, etc.)
- Damage from off-road or unsuitable surfaces (beaches, forestry roads, Campo)
10.2. Damage Charges Schedule and Assessment
All damage charges are calculated on the following basis:
- (a) Damage Cost: The actual cost of repair, including parts, labour, paintwork, and any associated bodyshop charges, as determined by Purple Cars' assessment in conjunction with Purple Cars Service Centre or its designated bodyshop;
- (b) Administration Fee: A €100 administration fee per damage claim, OR 25% of the actual repair cost, whichever is the LOWER amount. This fee covers the operational burden of processing, photographing, recording, billing, and managing the claim. For repairs costing less than €400, the proportionate 25% cap ensures the administration fee is never disproportionate to the underlying damage;
- (c) No Loss-of-Use Charge: Purple Cars does not charge the Customer for loss-of-use of the vehicle whilst it is being repaired.
Specific Damage Charges
The following specific charges apply for the categories listed:
- Smoking or vaping inside the vehicle: €250 deep-clean and deodorisation
- Transporting pets inside the vehicle: €250 cleaning + actual repair cost of any damage caused
- Beach sand, mud, or off-road dirt requiring deep cleaning: €75
- General interior valet on return (vehicle not returned clean): €50 (see Clause 12.7)
- Loss, breakage, or non-return of keys: up to €300 plus immobilisation costs
- Loss or non-return of V16 emergency light: €100 (see Clause 12.6)
- Loss of vehicle papers: €105 (see Clause 12.5)
- Wheel/tyre damage from kerbing or driver negligence: actual cost + €100 admin
- Underbody damage: actual cost + €100 admin (NOT covered by Zero Excess)
- Engine damage from fluid neglect: actual cost + €100 admin (NOT covered by Zero Excess)
- Interior damage (stains, burns, tears): actual replacement cost + €100 admin
- All other damage: actual cost of repair + €100 admin
Damage Assessment Process
Purple Cars' damage assessment, supported by photographic evidence and bodyshop documentation, shall be the basis on which the security deposit is applied and the registered card is charged under Clause 3.8. The Customer may dispute the assessment under Clause 19.4, and in the event of any court challenge, the burden of proof regarding the existence, cause, and reasonable cost of damage remains with Purple Cars.
The Customer must raise any objection to a damage charge in writing under the complaints procedure in Clause 19.4 within seven (7) days of being notified of the charge. Failure to raise an objection within this period does not waive the Customer's right to pursue the matter through the courts but shall be considered by Purple Cars and any court as evidence of the Customer's initial acceptance of the charge.
10.3. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Agreement where such failure arises from a Force Majeure Event, defined as any event beyond the reasonable control of the affected party, including without limitation: acts of God, natural disasters, fire, flood, earthquake, severe weather; war, terrorism, civil unrest, riots; pandemic or epidemic (including governmental responses such as lockdowns or movement restrictions); strikes, industrial action, or labour disputes; government order, regulation, or legal restriction; failure of essential public services or utilities; cyber-attack or critical IT failure outside the affected party's control.
On the occurrence of a Force Majeure Event:
- (a) The affected party will notify the other within seven (7) days of becoming aware of the event;
- (b) Both parties' obligations are suspended for so long as the event continues to make performance impossible or impracticable;
- (c) Where the rental cannot continue for more than fourteen (14) consecutive days due to the event, either party may terminate the Rental Agreement on written notice;
- (d) Where the Rental Agreement is terminated under this clause, Purple Cars will refund any rental fees paid in advance for the unused portion of the rental period on a pro-rata basis, less reasonable administrative costs.
10.4. Customer Death or Serious Incapacity
In the event of the death or serious incapacity (preventing the Customer from continuing the rental) of the primary renter during the rental period, the following procedure applies:
- (a) The Rental Agreement automatically terminates on the date of death or incapacity;
- (b) Purple Cars will arrange recovery of the vehicle at its convenience, in coordination with the Customer's estate, next of kin, or legal representative;
- (c) Any rental fees paid in advance for the unused portion of the rental period will be refunded on a pro-rata basis, less the Recovery Administration Fee of €350 and any reasonable administrative costs;
- (d) Any deposit held will be refunded after deduction of any damage or outstanding charges, in accordance with Clause 4.5;
- (e) The refund will be processed to the original payment card on file (per Clause 4.5), which will then be available to the Customer's estate through normal banking procedures.
Purple Cars will exercise reasonable compassion and flexibility in the application of this clause.
11. Air Conditioning & Regassing Policy
11.1. Maintaining your comfort is important to us, and our approach to air conditioning varies by fleet (see Clause 2.9 for the full description of fleet characteristics):
Runabout (Bronze) Fleet: While these cars are equipped with air conditioning, Purple Cars does not undertake regassing for this fleet. Due to the age of these vehicles, potential issues with compressors are often not financially viable to fix, which contributes to their economical rental price. As these are economical vehicles, Purple Cars does not guarantee the functionality of non-essential features like the radio or air conditioning.
Budget (Silver), Mid-Range (Gold), and Premium (Platinum) Fleets: All Budget, Mid-Range, and Premium cars come with air conditioning as standard. If you are renting a car during the summer months and would like the air conditioning regassed to super cold, we can arrange for this service. This must be done at Purple Cars Service Center by appointment only, and the regassing takes approximately 1 hour. The cost to you, the customer, for this service is €62.50.
12. Vehicle Return Conditions
12.1. Return Condition
The Customer must return the hired vehicle:
- (a) In its pre-rental condition (accounting for fair wear and tear consistent with normal use during the rental period);
- (b) Cleaned and valeted, both interior and exterior, to a standard comparable to the condition in which it was collected (see Clause 12.7 for the €50 valet charge that applies if this is not done);
- (c) With the same amount of fuel as recorded on the Vehicle Checkout Form at collection (see Clause 12.3);
- (d) Together with all its documents, tyres, tools, accessories, and the V16 emergency light (see Clauses 12.5 and 12.6);
- (e) At Purple Cars' designated office in Estepona, on the date and time set out in the Rental Agreement;
- (f) With the Customer present at the return inspection (see Clause 12.8).
Failure to meet any of these conditions may result in charges being applied under the relevant clauses of this Agreement.
12.2. 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.
12.3. Fuel Policy
The vehicle must be returned with the same amount of fuel as recorded on the Vehicle Checkout Form signed by the Customer at collection. The fuel level at the start of the rental will be marked on the Checkout Form and the Customer's signature on that form confirms acceptance of the starting fuel level.
Any shortfall in fuel on return will be charged to the Customer at the current local pump rate plus a €25 refuelling administration fee, deducted from the deposit (where applicable) or charged to the card on file under Clause 3.8.
We do not offer refunds for unused fuel returned in excess of the starting level. It is the Customer's responsibility to check which fuel type is correct for the vehicle; this is highlighted on the paperwork provided at collection.
12.4. Late Returns & Vehicle Abandonment
12.4.1. 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.
12.4.2. 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.
12.4.3. 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.
12.4.4. Vehicle Abandonment — Definition, Penalty, and Criminal Reporting
Abandoning the vehicle constitutes a serious breach of this Agreement and, under Spanish law (including but not limited to provisions on misappropriation in the Código Penal and Royal Decree 6/2015 on traffic regulations), may constitute a criminal offence.
Abandonment includes, without limitation, leaving the vehicle at any of the following locations without the prior written consent of Purple Cars and confirmed receipt of the vehicle by Purple Cars staff:
- (a) Any airport (including Málaga, Gibraltar, Sevilla, Madrid, or any other airport);
- (b) Any train station, port, ferry terminal, or bus station;
- (c) Any public roadside, layby, hard shoulder, or unauthorised parking area;
- (d) Any public or private car park other than Purple Cars' designated office in Estepona;
- (e) Any garage, workshop, or service centre other than Purple Cars Service Centre;
- (f) Any location from which the Customer cannot or does not return the vehicle directly to Purple Cars.
In the event of abandonment, the Customer agrees to pay:
- (a) All recovery, towing, transport, and storage costs incurred by Purple Cars;
- (b) A €1,000 abandonment penalty, in addition to recovery costs;
- (c) Continued daily rental fees at the standard daily rate until the vehicle is recovered and inspected;
- (d) Any parking fines, airport charges, impound fees, or storage charges levied against the vehicle;
- (e) The Recovery Administration Fee under Clause 14.4 (€350).
All abandonment-related charges are automatically charged to the registered card under Clause 3.8.
Purple Cars reserves the right to report any abandonment to the Guardia Civil, Policía Nacional, or Policía Local as a criminal matter (apropiación indebida), and to pursue civil and criminal proceedings against the Customer.
12.5. 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.
12.6. V16 Emergency Light
All vehicles are equipped with a mandatory connected V16 emergency light in compliance with Spanish law. Failure to return the V16 light at the end of the rental, or returning it lost, damaged, or non-functional, will result in a €100 charge deducted from the deposit (where applicable) or charged to the card on file under Clause 3.8.
12.7. Vehicle Valet on Return
The vehicle must be returned in a clean and valeted condition, both interior and exterior, comparable to the condition in which it was collected, accounting for fair wear and tear from normal use.
Failure to return the vehicle in a clean and valeted condition will result in a €50 cleaning charge deducted from the security deposit (where applicable) or charged to the card on file under Clause 3.8.
The €50 standard valet charge is in addition to, and not in substitution for:
- (a) Special cleaning charges under Clauses 6.3.16, 6.3.23, and 10.2 (smoking, pets, beach sand, biohazard, etc.);
- (b) Any damage charges for stains, burns, tears, or other interior damage.
12.8. Mandatory Presence at Return Inspection
The Customer is required to be physically present at Purple Cars' Estepona office at the time and date agreed for return of the vehicle, to participate in the return inspection alongside a Purple Cars representative.
The return inspection will:
- (a) Compare the vehicle's condition against the signed Vehicle Checkout Form and 360° photographs taken at collection;
- (b) Identify any new damage, wear beyond fair use, missing items, or cleanliness issues;
- (c) Be documented with new 360° photographs and a signed return form.
Where the Customer is not present at the return inspection (whether because they have dropped the keys off and left, left the vehicle outside of office hours, or for any other reason):
- (i) Purple Cars will conduct the inspection alone and document its findings with photographs and a written report;
- (ii) Purple Cars' findings, supported by photographic evidence, shall be the basis on which the security deposit is applied and the registered card is charged under Clause 3.8;
- (iii) The Customer may dispute the findings under Clause 19.4 within seven (7) days of being notified, but the burden of providing evidence of the vehicle's condition at the time of return (e.g., photographs taken by the Customer immediately before drop-off) lies with the Customer;
- (iv) Failure to raise an objection within the 7-day period does not waive the Customer's right to pursue the matter through the courts but shall be considered evidence of the Customer's initial acceptance of the findings.
Where damage is discovered after the Customer has left and which could not reasonably have been identified at the time of inspection (e.g., underbody damage, internal mechanical damage, damage concealed by dirt or lighting conditions), Purple Cars reserves the right to charge the Customer for such damage at any time within thirty (30) calendar days of the vehicle's return.
13. Traffic Fines, Tolls, and Penalties
13.1. Why Purple Cars Charges a €34 Administration Fee per Fine
When the rental vehicle is involved in a traffic, parking, or other administrative offence under Spanish law (Ley sobre Tráfico, Circulación de Vehículos a Motor y Seguridad Vial), the penalty notice (notificación de denuncia) is sent to the registered keeper of the vehicle, which is Heyes-Lehman Spain SL / Purple Cars — not the Customer.
Processing each fine requires Purple Cars to:
- (a) Receive, scan, and file the original DGT notification;
- (b) Identify the driver to the DGT via the Identificación del Conductor form within the strict 20-day legal deadline;
- (c) Where possible, request that the fine be reissued in the Customer's name through the DGT's transfer-of-liability procedure;
- (d) Notify the Customer and provide a copy of the documentation;
- (e) Process the charge against the Customer's registered card under Clause 3.8 before the fine doubles;
- (f) Handle any subsequent correspondence, queries, or disputes.
Each fine typically requires 30 to 45 minutes of staff time. The €34 administration fee covers the cost of this work and is below the actual operational cost to Purple Cars.
Failure-to-Identify-Driver Risk to Purple Cars
Under Article 9 bis of the Spanish Ley sobre Tráfico, if the registered keeper of a vehicle fails to identify the driver responsible for an offence within the legal deadline, the company can be fined up to €900 by the DGT for 'no identificar al conductor.' This is a serious financial exposure for Purple Cars created entirely by the Customer's failure to respond promptly to identification requests.
The Customer is therefore required to respond to any Purple Cars request for driver identification within seven (7) days. Where Purple Cars receives a €900 failure-to-identify fine because the Customer failed to respond, was uncontactable, or provided false information, the Customer agrees to pay the full €900 fine plus the €100 damage administration fee under Clause 10.2, automatically charged to the card on file under Clause 3.8.
The Doubling of Spanish Fines
Spanish traffic fines double in value if not paid within 20 calendar days of notification. Purple Cars therefore charges the Customer's card promptly under Clause 3.8 — typically before the 20-day deadline expires — to protect the Customer from being charged the doubled amount.
Where Purple Cars cannot charge the Customer's card in time (e.g., due to insufficient funds, cancelled card, or bank refusal), and the fine consequently doubles, the Customer remains liable for the doubled amount plus the administration fee.
13.2. Charges for Fines
If Purple Cars receives a traffic penalty notice, parking fine, or other administrative penalty in connection with the rental vehicle:
- (a) The Customer will be responsible for the full amount of the fine;
- (b) The Customer will be charged a €34 administration fee per fine (discounts for early payment do not apply);
- (c) The Customer's card on file will be automatically charged under Clause 3.8 without prior notice, to prevent the fine from doubling;
- (d) Where Purple Cars has been able to transfer the fine to the Customer's name with the DGT, the Customer pays the fine directly and only the €34 administration fee is charged by Purple Cars.
Our office is unable to provide exact details of the underlying fines; any dispute about the substantive offence must be taken up directly with the issuing authority, not Purple Cars.
Customer Support in Disputing Fines
Where the Customer disputes the underlying offence in writing to legal@purplegroup.es within seven (7) days of being charged, Purple Cars will:
- (a) Provide the Customer with all documentation Purple Cars holds in relation to the fine (notification, photographs where available, location data);
- (b) Confirm to the issuing authority, where requested by the Customer, that the Customer was the driver at the time of the offence, to allow the Customer to dispute the substantive offence in their own name;
- (c) Refund the €34 administration fee if the underlying fine is subsequently cancelled or successfully overturned by the issuing authority, on proof of the cancellation;
- (d) Refund the full fine amount if the underlying fine is cancelled or refunded to Purple Cars by the issuing authority.
Purple Cars cannot itself dispute fines on the Customer's behalf and cannot pause card charging while a dispute is in progress, because doing so risks the fine doubling under Spanish law.
13.3. Multiple Violations and Deposit Retention
In the event that the Customer accumulates multiple speeding or parking violations during the rental, Purple Cars reserves the right to retain the deposit (where applicable) for a period of up to thirty (30) days to account for any additional fines that may be received.
13.4. Card Retention for Future Fines
Purple Cars reserves the right to automatically charge the payment card held on file under Clause 3.8 for any fines received in connection with the rental vehicle up to twenty-four (24) months after the end of the Rental Agreement, without prior notification.
13.5. Toll Charges (Peajes)
Tolls (peajes) on Spanish motorways are the Customer's direct responsibility and must be paid by the Customer at the time of use (cash, card, or Via-T device). Purple Cars does not pay tolls on the Customer's behalf.
Where unpaid toll charges result in subsequent fines or penalty notices being issued to the registered keeper, those fines will be treated as traffic fines under Clause 13.2: the full fine amount plus the €34 administration fee will be charged to the Customer's card under Clause 3.8.
13.6. Low-Emission Zone Fines
Driving the vehicle into any Low-Emission Zone (ZBE) is prohibited under Clause 6.3.24. The Customer remains 100% liable for all ZBE fines, daily charges, congestion charges, or related penalties received in connection with the rental vehicle, plus the €34 administration fee per fine.
14. Vehicle Recovery and Repossession
14.1. 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), the Customer 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.
14.2. Vehicle Geolocation and Tracking
Tracking Devices
All Purple Cars vehicles are fitted with GPS or equivalent geolocation devices capable of providing real-time location data, speed data, and journey history. The Customer acknowledges and consents to the presence and operation of these devices for the duration of the rental.
Legal Basis
Purple Cars processes geolocation data on the basis of:
- (a) Performance of the Rental Agreement (Article 6.1.b GDPR);
- (b) Purple Cars' legitimate interests in protecting its property, recovering vehicles, and preventing fraud (Article 6.1.f GDPR); and
- (c) Compliance with legal obligations under Spanish law, including the Ley Orgánica 3/2018 de Protección de Datos Personales y Garantía de los Derechos Digitales (LOPDGPD).
Permitted Purposes
Geolocation data may be accessed and processed by Purple Cars only for the following purposes:
- (i) Locating and recovering the vehicle in cases of non-payment, payment default exceeding 14 or 30 days (per Clause 3.10), or where the Customer is uncontactable for more than 14 days;
- (ii) Investigating and responding to theft, attempted theft, fraud, or disappearance of the vehicle;
- (iii) Protecting the vehicle from imminent risk of damage, loss, or unlawful seizure;
- (iv) Detecting and responding to unauthorised exit from the permitted rental area (Andalucía), in line with Clause 6.3.8;
- (v) Investigating reported accidents, including reconstruction of events, and providing evidence to insurers, authorities, or courts;
- (vi) Investigating suspected breaches of this Agreement, including reckless driving, off-road use, racing, or commercial use;
- (vii) Responding to lawful requests from law enforcement, courts, or regulatory authorities;
- (viii) Defending Purple Cars against claims, chargebacks, or legal proceedings brought by the Customer or third parties;
- (ix) Verifying mileage and journey data in cases of dispute.
What Purple Cars Does NOT Do
Purple Cars does not use geolocation data for routine surveillance of the Customer's movements, automated speed enforcement (separate from official traffic fines processed by authorities), behavioural profiling, marketing, or any commercial purpose unrelated to the Rental Agreement.
Data Sharing
Geolocation and journey data may be shared with: (a) law enforcement and judicial authorities upon lawful request; (b) Purple Cars' insurance providers in connection with claims; (c) Purple Cars' legal representatives and debt recovery agents in connection with disputes or recovery; (d) recovery and towing contractors engaged to retrieve the vehicle; (e) Purple Cars' parent company (Heyes-Lehman Asset Management Limited, UK) for legitimate group business purposes.
Data Retention
Real-time location data is retained for ninety (90) days from the date of generation. Journey history and speed data are retained for twelve (12) months. Where data forms part of an active dispute, claim, recovery action, insurance claim, or legal proceeding, retention is extended for the duration of those proceedings plus the applicable limitation period under Spanish law.
Prohibition on Tampering
The Customer must not, and must not permit any third party to:
- (a) Tamper with, disable, disconnect, remove, obstruct, shield, or interfere with the geolocation device in any way;
- (b) Use any device, software, signal jammer, or method intended to prevent the device from functioning correctly;
- (c) Cover or block the device's antenna or signal.
Any breach of this prohibition constitutes a serious breach of this Agreement and will result in:
- (i) Immediate termination of the Rental Agreement;
- (ii) Full cost of repair or replacement of the device charged to the Customer's card under Clause 3.8;
- (iii) Loss of any deposit held;
- (iv) Immediate vehicle recovery using all means available under Clause 14.4;
- (v) Possible criminal complaint for damage to property and obstruction of legitimate property protection.
Customer's Data Rights
The Customer has the right to: (a) access the personal data Purple Cars holds about them; (b) request correction of inaccurate data; (c) request erasure (subject to Purple Cars' legitimate interests and legal obligations); (d) object to processing; (e) request restriction of processing; (f) data portability; and (g) lodge a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos, www.aepd.es). Requests should be made in writing to legal@purplegroup.es.
14.3. Repossession for Non-Payment
In the event of non-payment or default exceeding the periods set out in Clause 3.10 (14 days for customers without a deposit, 30 days for customers with a deposit), Purple Cars reserves the right to repossess the vehicle without prior judicial intervention, using any necessary means, including GPS tracking data and the procedures set out in Clause 14.4. The Customer will be liable for all costs associated with recovery, towing, storage, and any loss of income.
14.4. Self-Help Repossession and Personal Belongings
Where any of the following conditions are met, the Customer expressly authorises Purple Cars to take recovery action under this clause:
- (a) The Customer is in payment default beyond the period set out in Clause 3.10 (14 days for no-deposit customers, 30 days for deposit-holding customers);
- (b) The Customer has been uncontactable by telephone, email, WhatsApp, and any other contact method on record for more than fourteen (14) calendar days following Purple Cars' reasonable attempts to make contact;
- (c) The Rental Agreement has been terminated under Clauses 2.8, 3.10, 6.4, or any other termination clause;
- (d) The vehicle has been abandoned under Clause 12.4.4.
Authorised Recovery Actions
In any such case, the Customer authorises Purple Cars to:
- (a) Use GPS tracking data to locate the vehicle;
- (b) Access and recover the vehicle using the spare keys retained by Purple Cars, without the Customer's further consent or presence, from any location whether public or private (subject to lawful access);
- (c) Engage a licensed recovery agent or tow truck to remove the vehicle;
- (d) Recover the vehicle from any third party in possession of it, including garages, parking facilities, airports, or private addresses.
Personal Belongings
The Customer acknowledges and agrees that:
- (i) Any personal belongings left in the vehicle at the time of recovery will be removed by Purple Cars, photographed, inventoried, and stored at Purple Cars' Estepona office;
- (ii) Purple Cars will notify the Customer in writing (email and/or registered post to the last known address) within forty-eight (48) hours of recovery that belongings are available for collection;
- (iii) Belongings will be returned to the Customer free of charge, regardless of any outstanding debt owed to Purple Cars (the Customer is not required to settle their debt to collect their belongings);
- (iv) Belongings will be stored for a period of fourteen (14) calendar days from the date of recovery. Items not collected within this period will be deemed abandoned and may be disposed of, donated, or destroyed at Purple Cars' discretion, with no liability to the Customer;
- (v) Purple Cars accepts no liability for the condition, value, loss, or damage of personal belongings left in the vehicle, beyond the duty of reasonable care during the 14-day storage period;
- (vi) Items of an obviously perishable, hazardous, or illegal nature may be disposed of immediately;
- (vii) Documents (passports, ID cards, residency cards) will be held securely for ninety (90) days and, if uncollected, returned to the issuing authority or relevant consulate or embassy;
- (viii) Collection of belongings requires the Customer to present valid identification and sign a release confirming receipt of the inventoried items.
Costs of Recovery
The Customer shall be liable for all costs of recovery, automatically charged to the registered card under Clause 3.8, including but not limited to:
- (a) Tow truck and recovery agent fees;
- (b) Locksmith fees (if applicable);
- (c) Storage fees;
- (d) Fuel and mileage;
- (e) Staff time at €45 per hour;
- (f) Parking or impound release fees;
- (g) Legal fees;
- (h) A flat Recovery Administration Fee of €350.
Waiver of Claims Against Purple Cars
The Customer expressly waives any right to claim trespass, conversion, theft, misappropriation, or any other civil or criminal complaint against Purple Cars or its agents in respect of recovery action taken under this clause, provided such action complies with the conditions set out above.
15. General Rental Information
15.1. Specialization
Purple Cars specializes exclusively in long-term rentals (30 days and beyond).
15.2. 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).
15.3. Fuel Policy
Our fuel policy is to return the car with the fuel level recorded on the Vehicle Checkout Form at collection (see Clause 12.3). 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.
15.4. 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. Full details are in Clause 14.2.
15.5. Royal Decree 933/2021 Compliance
As of December 2nd, 2024, Royal Decree 933/2021 requires us to collect certain information from all our rental car customers. This decree aims to enhance public safety and prevent illicit activities by improving the identification of individuals renting vehicles.
15.6. Termination of 30-Day Rolling Contracts
For rentals operating on a 30-day rolling contract basis, either party may terminate the Rental Agreement by providing a minimum of fourteen (14) days' written notice to the other party, expiring at the end of the current monthly rental period or later.
Notice from the Customer must be sent in writing to the email address provided at booking or to legal@purplegroup.es. Notice from Purple Cars will be sent to the Customer's email address on file.
The Customer remains liable for all rental fees, fines, damages, and other charges accrued up to and including the agreed termination date. Any monthly payment already taken that covers a period beyond the termination date will be refunded on a pro-rata basis within 14 business days of vehicle return, subject to the deposit refund conditions in Clause 4.5.
This clause does not apply where termination occurs under Clauses 2.8, 3.10, 6.4, or any other termination clause that overrides the 14-day notice requirement.
15.7. Unlimited Mileage Policy
All Purple Cars rentals include unlimited kilometres at no additional cost. There is no per-kilometre charge, no monthly kilometre cap, and no excess-kilometre fee, subject to the limited exceptions and conditions set out below.
Exceptions and Conditions
- (a) Runabout (Bronze) Fleet: As set out in Clause 6.3.22, use of Runabout Fleet vehicles is geographically limited to a 150-kilometre radius of Estepona 29680. The unlimited mileage offered applies within this radius. Travel outside this radius is non-authorised use and may void breakdown assistance and insurance coverage;
- (b) Geographic Restrictions: The unlimited mileage offer applies within Andalucía (and Gibraltar where permitted under Clause 6.3.8). Travel outside Andalucía is non-authorised use and is subject to the geofence breach penalties in Clause 6.3.8;
- (c) Prohibited Destinations: As set out in Clause 6.3.25, taking the vehicle to Africa or onto a non-Spanish ferry is strictly prohibited regardless of the unlimited mileage offer;
- (d) Reasonable Use: The unlimited mileage offer is provided on the basis of reasonable, lawful, personal use of the vehicle. It does not authorise or extend to commercial use (Clause 6.3.4), sub-leasing (Clause 6.3.5), use as a driving lesson vehicle (Clause 6.3.18), or any other non-authorised use under Clause 6.3.
Investigation of Abnormally High Mileage
Purple Cars reserves the right to investigate any rental on which the vehicle has accumulated abnormally high mileage that may indicate commercial use, sub-leasing, or other non-authorised use. The Customer accepts that GPS data (subject to the conditions in Clause 14.2) may be used to verify the nature of the journeys made. The mere fact of high mileage is not, in itself, a breach of this Agreement; only mileage arising from non-authorised use constitutes a breach.
Mileage and Vehicle Condition
The Customer's compliance with Clause 16.1 (Day-to-Day Vehicle Maintenance) is particularly important on rentals accumulating high mileage. The Customer is reminded that the obligation to monitor and maintain fluid levels, tyre pressures, and to respond to dashboard warning lights applies throughout the rental, and is not reduced or excused by the unlimited mileage policy. Engine or mechanical damage arising from the Customer's failure to maintain proper fluid levels or to respond to warning lights remains the Customer's full liability under Clause 16.1, regardless of the mileage accumulated.
16. Customer Obligations and Responsibilities
16.1. Day-to-Day Vehicle Maintenance
The day-to-day running and maintenance of the vehicle is the Customer's responsibility throughout the rental period. The Customer must regularly check, monitor, and where necessary top up:
- (a) Engine oil level;
- (b) Coolant level;
- (c) Windscreen washer fluid;
- (d) Tyre pressures (each tyre weekly, and in accordance with the manufacturer's recommended pressures shown on the driver's door panel);
- (e) Fuel level.
Purple Cars is happy for the Customer to bring the vehicle into our service centre during office hours for any of the above checks or top-ups, free of charge for basic fluids.
Liability for Neglect
Where the Customer fails to maintain proper fluid levels and the vehicle suffers damage as a result, the Customer is fully liable for:
- (i) The full cost of repair or replacement, which for engine damage can range from €4,000 to €8,000 or more;
- (ii) The €100 damage administration fee under Clause 10.2;
- (iii) Any associated recovery, transport, and storage costs.
Damage arising from fluid neglect, neglect of tyre pressures, or failure to respond to dashboard warning lights is NOT covered by:
- (a) The standard insurance (Clause 5);
- (b) The Zero Excess Package (Clause 4.7);
- (c) The security deposit (which is a contribution, not a cap).
16.2. Statutory Equipment and Dashboard Warning Lights
Statutory Equipment
It is the Customer's responsibility to ensure High Visibility Vests and Warning Triangle(s) are always available to Authorised Drivers of the Vehicle.
Dashboard Warning Lights
The Customer must monitor the vehicle's dashboard at all times during use and respond promptly to any warning indicators:
- (a) RED warning lights (engine, oil, coolant, brake, battery, airbag, etc.): The Customer must STOP DRIVING IMMEDIATELY in a safe place and contact Purple Cars right away via the contact details in Clause 7.2. Continuing to drive with a red warning light illuminated may cause severe damage and the Customer will be fully liable for any resulting damage;
- (b) AMBER/YELLOW warning lights (service due, tyre pressure, washer fluid, etc.): The Customer must contact Purple Cars within forty-eight (48) hours and arrange to bring the vehicle in for inspection.
Failure to respond to warning lights in accordance with this clause will result in the Customer being held fully liable for any resulting damage, with no insurance, Zero Excess, or deposit coverage.
16.3. Joint Liability
Customers and/or authorised additional drivers are jointly liable for the Customers' obligations under the Rental Agreement and the relevant applicable laws.
16.4. Theft and Loss of Personal Belongings
Purple Cars cannot be held liable for items stolen, forgotten, or lost inside the vehicle during the rental, or for items recovered from the vehicle during repossession (subject to Clause 14.4).
16.5. Child Seats
Purple Cars does not provide child seats, booster seats, or any child restraint systems. It is the Customer's sole responsibility to: (a) source appropriate child restraint systems compliant with Spanish law; (b) install them correctly in the vehicle; (c) ensure they meet current safety standards. Purple Cars accepts no liability for the suitability, installation, or condition of any child restraint system used by the Customer, or for any consequences arising from their use or non-use.
16.6. Keeping Contact Details Current
The Customer must keep their contact details (email address, phone number, postal address) up to date throughout the rental and for the 24-month period following the end of the rental during which Purple Cars retains card authorisation under Clause 3.8.
Notifications sent by Purple Cars to the email address, phone number, or postal address held on file shall be deemed validly served for all purposes under this Agreement, including notices of termination, charges, fines, and recovery action. The Customer's failure to update contact details, or failure to receive notifications due to spam filtering, inbox issues, or change of address, shall not invalidate any notice given by Purple Cars.
16.7. Prompt Reporting of All Issues
The Customer must report to Purple Cars within forty-eight (48) hours of becoming aware of:
- (a) Any damage to the vehicle, however minor, including scratches, dents, and chips;
- (b) Any unusual noises, vibrations, smells, or handling characteristics;
- (c) Any warning lights (per Clause 16.2);
- (d) Any incident involving the vehicle, including near-misses, kerb-strikes, or low-impact contacts that may not have caused visible damage;
- (e) Any theft, attempted theft, or vandalism (see Clauses 9.3 and 9.6);
- (f) Any DGT or local authority correspondence received by the Customer relating to the vehicle.
Accident reporting remains subject to the stricter 48-hour deadline in Clause 9.2.1 (with full third-party documentation under Clause 9.5).
16.8. Concealment of Damage
Any attempt by the Customer to conceal damage from Purple Cars — including but not limited to using shoe polish, paint, dirt, or stickers to disguise damage; returning the vehicle excessively dirty to hide damage; or failing to report known damage at return inspection — constitutes a serious breach of this Agreement.
Where Purple Cars discovers concealed damage after the Customer has left:
- (a) The Customer remains fully liable for the actual cost of repair plus the €100 damage administration fee under Clause 10.2;
- (b) Purple Cars may additionally charge the cost of detecting and identifying the concealed damage (staff time at €45 per hour, plus any third-party inspection costs);
- (c) Concealment may be reported to the Customer's home-country authorities and to credit reference agencies as fraudulent conduct;
- (d) The Customer is permanently banned from renting from Purple Cars in the future.
17. Data Protection
17.1. Purple Cars collects and retains personal data for legitimate purposes including contracts, Rental Agreements, compliance with our legal obligations (including Royal Decree 933/2021), vehicle recovery, fraud prevention, dispute defence, and AML/sanctions compliance.
17.2. Identity documents (passport, ID card, driving licence, IDP) and Rental Agreement records are retained for a period of five (5) years following the end of the rental, in line with Spanish statutory retention requirements for AML, fraud prevention, and dispute defence purposes. GPS tracking data is retained per Clause 14.2.
17.3. Full details of data processing, retention, and Customer rights are set out in our Privacy Policy at www.purplecars.es/privacy. Further information can be obtained by contacting the Purple Cars Data Controller at legal@purplegroup.es.
18. Indemnity
18.1. The Customer 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 Purple Cars shall become liable for or be subject to arising out of or in connection with the breach by the Customer of any agreed agreements, stipulations, and conditions, or the use of the vehicle in breach of this Agreement.
19. Dispute Resolution and Governing Law
19.1. Governing Law
The laws of Spain govern the Rental Agreement.
19.2. 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, the Customer expressly acknowledges and agrees that Purple Cars (Heyes-Lehman Spain SL), as a wholly-owned subsidiary of Heyes-Lehman Asset Management Limited (a company registered in the United Kingdom), reserves the absolute right to pursue debt recovery, enforcement of monetary obligations, and any associated legal action in any one or more of the following:
- (a) The courts of Estepona (Málaga), Spain;
- (b) The courts of England and Wales, United Kingdom;
- (c) The courts of the Customer's country of residence or domicile.
The choice of jurisdiction for debt recovery shall be at Purple Cars' sole discretion. The Customer irrevocably waives any objection to such proceedings on grounds of venue, jurisdiction, or inconvenient forum. The Customer further agrees that Purple Cars may instruct international debt recovery agencies, register the debt with credit reference agencies in any relevant jurisdiction, and pursue all available legal remedies. The Customer shall be liable for all costs of recovery, including legal fees, court costs, agency fees, interest, and translation costs.
19.3. 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 Customer 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 19.2).
19.4. Complaints Procedure
Any complaints or disputes should be put in writing to legal@purplegroup.es. Please allow up to 14 days for a reply.
19.5. Complaints Before Public Reviews
The Customer agrees that, before posting any negative review, complaint, or commentary about Purple Cars on any public platform (including but not limited to Google Reviews, TripAdvisor, Trustpilot, Facebook, Instagram, X/Twitter, or any other social media or review platform), the Customer will:
- (a) Raise the complaint in writing under Clause 19.4 to legal@purplegroup.es;
- (b) Allow Purple Cars fourteen (14) days from receipt of the complaint to investigate, respond, and attempt to resolve the matter.
After this 14-day period has expired and the complaint remains unresolved to the Customer's reasonable satisfaction, the Customer retains the full right to post a public review or to pursue any other lawful remedy. This clause does not restrict the Customer's right to freedom of expression or to publish honestly-held opinions; it is a procedural step to allow disputes to be resolved directly first.
19.6. Just Go Costa Vehicles
Purple Cars operates a vehicle-supply partnership with Just Go Costa under which certain vehicles in the Purple Cars fleet are owned or supplied by Just Go Costa. Where the rental vehicle is a Just Go Costa vehicle, the following provisions apply in addition to (and where in conflict, in priority to) the other provisions of this Clause 19:
- (a) The day-to-day operation of the rental, including handover, return, customer support, breakdown coordination, and damage assessment, will be carried out by Purple Cars in the ordinary way;
- (b) Where any dispute arises specifically in relation to a Just Go Costa vehicle (including but not limited to disputes about damage, charges, condition, suitability, refund, or termination), the final decision on the resolution of that dispute rests with Just Go Costa, not Purple Cars;
- (c) Purple Cars will refer such disputes to Just Go Costa within seven (7) days of receipt and will communicate Just Go Costa's final decision to the Customer in writing;
- (d) The Customer expressly acknowledges and accepts that Purple Cars cannot override or reverse the final decision of Just Go Costa in respect of a Just Go Costa vehicle;
- (e) The Customer's statutory rights under Spanish and EU consumer protection law are unaffected, and the Customer retains the right to pursue any matter through the courts under Clauses 19.1 and 19.2.
Whether a vehicle is a Just Go Costa vehicle will be disclosed to the Customer at booking or at vehicle handover. The Customer may request confirmation in writing from Purple Cars at any time.
20. Variation of Terms and Conditions
20.1. Right to Vary
Purple Cars reserves the right to amend, update, modify, or replace these Terms and Conditions at any time. The current version of the Terms and Conditions is published on Purple Cars' website at www.purplecars.es and supersedes all previous versions.
20.2. Application of Updated Terms
(a) New Rental Agreements
Any Rental Agreement entered into after the publication date of an updated version of these Terms and Conditions shall be governed by the version in force at the time of signing.
(b) Renewals and Rolling Monthly Periods
For Rental Agreements operating on a 30-day rolling basis (Clause 15.6), the Terms and Conditions in force at the start of each new monthly rental period shall apply to that period. By continuing the rental into a new monthly period (i.e., by not giving the 14-day termination notice under Clause 15.6), the Customer accepts the updated Terms and Conditions in force at that time.
(c) Live Rental Periods (Operational, Safety, Legal, or Regulatory Changes)
During an ongoing fixed rental period, Purple Cars reserves the right to make changes to these Terms and Conditions where the change is necessary to:
- (i) Comply with changes in applicable law, regulation, or court ruling;
- (ii) Comply with directions or requirements from regulators, government authorities, insurers, payment processors, or card schemes;
- (iii) Reflect changes in operational practice required for the safety, security, or legal compliance of the rental fleet;
- (iv) Correct typographical errors, clarify ambiguous wording, or improve clarity without altering substantive rights or obligations;
- (v) Reflect changes in third-party fees, taxes, or charges passed through to the Customer.
20.3. Customer's Right to Terminate on Material Adverse Change
Where Purple Cars makes a change under Clause 20.2(c) during a live rental period that materially and adversely affects the Customer's rights or obligations under the Agreement (excluding changes required by law, regulation, or third-party pass-through costs), the Customer may terminate the Rental Agreement by giving written notice within fourteen (14) days of being notified of the change, and shall be entitled to a pro-rata refund of any rental fees paid in advance for the unused portion of the rental period.
20.4. Method of Notification
Updated Terms and Conditions will be:
- (a) Published on Purple Cars' website at www.purplecars.es;
- (b) Where the change is material, notified to the Customer by email to the address on file;
- (c) Available on request from Purple Cars' Estepona office.
The Customer is responsible for keeping their contact details up to date (per Clause 16.6) and for reviewing the website periodically.
20.5. Waiver of Right to Object Based on Lack of Individual Notice
The Customer expressly acknowledges that, subject to Clauses 20.2 and 20.3, individual prior notice of changes is not required for: changes applying to new rental periods under Clause 20.2(b); changes required by law or regulation; or operational and clarifying amendments. The Customer waives any right to object to such changes on the sole basis that they did not receive individual prior notice.
21. Acknowledgements and Entire Agreement
21.1. Entire Agreement
The current published version of these Terms and Conditions, together with the signed Rental Agreement and the signed Vehicle Checkout Form, constitutes the entire agreement between Purple Cars and the Customer. No prior version, verbal representation, or informal communication overrides the current published Terms and Conditions.
21.2. Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed from the remaining provisions, which shall continue in full force and effect. Where possible, the invalid provision shall be replaced with a valid provision that most closely reflects the original commercial intent.
21.3. No Waiver
Purple Cars' failure to enforce any provision of these Terms and Conditions on any one occasion shall not constitute a waiver of that provision or of Purple Cars' right to enforce it on any future occasion.
21.4. Customer Acknowledgements at Signing
Spanish consumer law requires that particularly onerous clauses in consumer contracts be brought specifically to the Customer's attention and accepted by an additional, separate act of consent (typically by initialling each clause).
21.4(a). Specific Acknowledgements — Customer to Initial Each at Signing
The Customer is required to specifically initial each of the following clauses on the Rental Agreement, confirming that they have read, understood, and accept the particular terms of each:
- (i) Used Vehicle Acknowledgement and Fleet Tier characteristics (Clause 2.9);
- (ii) Continuing card authorisation for 24 months post-rental (Clause 3.8);
- (iii) Automatic termination for non-payment at 14 days without deposit or 30 days with deposit (Clause 3.10);
- (iv) Self-help repossession rights and Recovery Administration Fee of €350 (Clause 14.4);
- (v) Vehicle abandonment penalty of €1,000 plus recovery costs (Clause 12.4.4);
- (vi) Right to increase monthly rates after the first 3 months on rolling contracts (Clause 3.11);
- (vii) Multi-jurisdiction debt recovery — Spain, UK, or Customer's country of residence (Clause 19.2).
21.4(b). General Acknowledgement
By signing the Rental Agreement (both online under Clause 2.5 and on paper at handover), the Customer confirms that they have read and accept these Terms and Conditions in full, including (without limitation) the provisions on document verification (Clauses 2.6–2.8), chargeback restrictions (Clause 3.9), prohibitions on commercial use, geofence breach, smoking, pets, LEZ zones, Africa/ferries and lending (Clause 6.3), zero tolerance for abusive behaviour towards staff (Clause 6.4), mid-rental inspection and vehicle substitution (Clause 6.5), GPS tracking (Clause 14.2), mandatory presence at return inspection (Clause 12.8), the €34 fine administration fee and the €900 failure-to-identify exposure (Clause 13), the Customer's fluid maintenance obligations and engine damage liability (Clause 16.1), concealment of damage consequences (Clause 16.8), Purple Cars' right to vary these Terms and Conditions (Clause 20), and the Customer Hardship Policy (Clause 22).
21.5. Language
These Terms and Conditions are written in English. Where translations are provided into Spanish or any other language for convenience, the English version shall prevail in the event of any inconsistency.
22. Customer Hardship Policy
22.1. Purpose
Purple Cars recognises that, from time to time, Customers may experience genuine and exceptional difficulties during a rental — including financial hardship, medical emergency, family bereavement, sudden change of personal circumstances, or other serious life events. This Clause 22 sets out the circumstances in which Purple Cars will exercise discretion to support such Customers, notwithstanding the firm provisions elsewhere in these Terms and Conditions.
22.2. Requesting Hardship Consideration
A Customer experiencing exceptional difficulties may request hardship consideration by writing to legal@purplegroup.es with:
- (a) A clear explanation of the circumstances giving rise to the request;
- (b) Any supporting documentation reasonably available (e.g., medical certificate, death certificate, evidence of loss of employment, hospital records). Purple Cars will treat such documentation in confidence and in accordance with applicable data protection law;
- (c) The specific request being made (e.g., payment deferral, payment plan, fee waiver, early termination without penalty).
22.3. Available Forms of Support
Where Purple Cars accepts a hardship request, the available forms of support are limited to:
- (a) Deferral of one or more monthly payments to a future agreed date;
- (b) Entry into a written payment plan spreading outstanding amounts over an agreed period.
Purple Cars does not, under this clause, offer fee waivers, free early termination, or pro-rata refunds beyond what is otherwise provided in this Agreement. The Customer remains liable for the full amount owed under the Rental Agreement; the Hardship Policy adjusts only the timing of payment, not the substantive amount payable.
22.4. Discretion
Acceptance of a hardship request and the form of support offered is at Purple Cars' sole discretion. Purple Cars will consider each request in good faith and on its individual merits but is not obliged to grant any request. The fact that Purple Cars has granted hardship support in one case does not create any precedent or entitlement in any other case.
22.5. Limitations
The Customer Hardship Policy:
- (a) Does not apply to cases of fraud, false information, abusive behaviour, or any other serious breach of this Agreement (see Clauses 2.8 and 6.4);
- (b) Does not affect Purple Cars' rights to recover the vehicle under Clause 14.4 where the Customer's failure to pay or communicate is continuing;
- (c) Does not entitle the Customer to refunds, waivers, or deferrals as of right;
- (d) Requires the Customer to engage in good faith with Purple Cars; abuse of the hardship process (including false claims of hardship) will be treated as a breach of this Agreement.
22.6. Continuing Good Standing
A Customer who has been granted hardship support remains in good standing under this Agreement provided they comply with the agreed terms of that support. Failure to comply with an agreed hardship arrangement re-activates the underlying default and all consequences set out in this Agreement (including Clauses 3.10 and 14.4).

