Mediation terms and terms of business of Cars4Holidays (General conditions)
1. Contracting party
cars4holidays hereinafter called the intermediary, procures rental cars for self-drivers (hirer) acting as an intermediary between the respective car rental company and the hirer. The mediation is performed on behalf and on the account of the car rental companies associated with the intermediary.
2. Mediation contract
With the order for a rental car, the hirer acknowledges the General Booking Conditions without any limitation.
Order and placement of an order
The intermediary procures hired cars between the client (hirer) and car rental company (supplier).
The hirer instructs the intermediary, in accordance to the offer on the web page of the intermediary, to reserve a hired car. The offers are subject to change and non-binding.
a. Orders may be placed on the web page, by email, by fax or by telephone.
b. The intermediary transmits the order-relevant data to the supplier. The supplier confirms the customer-related reservation to the intermediary.
c. With the confirmation of the reservation on-line or the sending by email or by fax the reservation is accepted and confirmed to the hirer. With the reservation confirmation (Direct-Payment-Voucher, Partial-Prepaid-Voucher or Full-Prepaid-Voucher) the vehicle is confirmed to the hirer. From the offer divergent verbal arrangements need additional written confirmation by the intermediary to attain validity.
By performance of the above mentioned conditions under the clauses 2(a), (b) and (c) of the General Booking Conditions, the intermediary has properly fulfilled the contract. The restriction under clause 4 © with regard to an incorrect or missing email address, shall remain unaffected.
The mediation and advice by telephone through Cars4holidays, as well as the correspondence with the hirer, are offered in German, English or Spanish, the offer of other languages is voluntary and not binding. Any correspondence in other languages relieves the intermediary of all responsibility for any wrong translations.
The offer on the website may include additional languages.
3. Reservation procedure at the supplier
Freesale vehicles: For vehicles which are listed as freely available (freesale), the hirer will receive an automatic, on-line, on-screen confirmation, or one via e-mail. These vehicles are reconfirmed by our supplier. The intermediary reserves the right to cancel the reservation if the supplier providing the car does not reconfirm the reservation for any reason.
On request vehicles: All reservations for other vehicles are received on a request basis and will only be confirmed once the intermediary has received confirmation from the supplier, usually within 24 hours (the period may prolong accordingly on Sundays or public holidays). The hirer is bound to his order for 72 hours, should the reservation be not confirmed by then, the mediation order expires at the request of the hirer.
If the reservation commitment will, for any reason whatsoever, be withdrawn by the supplier in spite of reconfirmation, the intermediary is entitled to retroactively cancel the reservation commitment to the hirer. In this case the intermediary is not to be held liable.
4. Obligations of the hirer
Email mailbox of the hirer
The hirer is obliged to supply an email address for each booking and is required to verify its accuracy. The sole indication of a telephone or fax number is not sufficient, since all information, and any additional information requested by the hirer, will only be sent via email. Postal deliveries are not provided.
Notice and awareness of emails
The hirer is hereby required to maintain and regularly check his email mailbox, to ensure that the receipt of emails sent to him by the intermediary is guaranteed, and that he has knowledge of the information sent to him by the intermediary. It is explicitly pointed out that some email providers place emails in so-called spam folders, whose contents are automatically deleted after a few days. It is the responsibility of the hirer to take appropriate precautionary measures.
Incorrect or missing email address
The mediation contract remains non-binding for the mediator and provisionally invalid and releases him of any responsibility, as long as no, or only a faulty email address is given to him, or if in the case of a telephone reservation, no email address was provided.
The mediator assumes no liability for typographical errors in the email address during the acceptance of a telephone reservation and thereby of resultant disadvantages for the hirer. After a telephone reservation, the Terms and Conditions are immediately sent to the hirer by email of by fax. No-objection by the hirer to the Terms and Conditions within 24 hours, is deemed to be tacit consent of the Terms and Conditions. In case of reservations on short term (within 3 days of the rental period) this period will be reduced to one hour from the reservation.
Acknowledgement of the booking
Immediately after the completion of a booking via e-mail, the reception of a telephone reservation and the receipt of a Fax reservation, an acknowledgement of receipt of the reservation is transferred to the hirer. In the case of a Fax reservation, some reasonable delay shall be taken into account. The hirer is obliged to promptly check the receipt. In case of non-receipt, the hirer is obligated to supply a valid email address to the intermediary. Omission to do so shall take section 4 (Incorrect or missing email address) of the present agreement into effect.
Flight Number and Arrival Time
For the correct delivery of the vehicle to the airport, the supplier requires the flight number of the hirer, as well as an indication of the scheduled arrival time. In case of transfer flights the hirer is obligated to supply the intermediary with the flight number with which he arrives at the destination Airport, where the vehicle pick-up shall take place. Without the provision of the correct flight number the supplier reserves the right to maintain the reservation.
The rental conditions of the supplier on the website were submitted by the supplier to the intermediary. In the rental conditions on the website only the most important points are mentioned. The list is not meant to be exhaustive. The rental conditions may differ to those on the website of the supplier, since special conditions were agreed with the intermediary.
The hirer is required to observe the specified payment methods in the rental terms, whether cash, debit cards or credit card payment is accepted, as well as if payment at pick-up, instalment payments after confirmation of the reservation, or full payment on confirmation of reservation is specified.
The reservation confirmation voucher (Direct Payment Voucher or Partial-Prepaid Voucher or Full-Prepaid-Voucher) must be handed over to the supplier when the vehicle is collected. If the Voucher is not presented, the supplier has the right to deny delivery of the vehicle.
Deviations to the confirmed service
The hirer is obligated to contact the intermediary immediately, if possible by telephone, if obscurities or discrepancies of the promised performance by the supplier emerge, in order to enable the intermediary to consult with the supplier. (duty to avert, minimise or mitigate loss).
Fuel arrangement and refuelling the vehicle
Fuel is not included in the rental price and will be, depending on the car hire company, charged differently. Some suppliers invoice the contents of the fuel tank according to the indications of the manufacturer. The remaining fuel will not be refunded. Because of logistic reasons the fuel price can be different at the pump. On receipt of the vehicle, the hirer is obligated to inform himself about the fuel policy, such as calculation of the tank contents, as well as to undoubtedly inform himself about the type of gas the car requires. In the case that the hirer has used the wrong fuel, he will be made responsible for the respective costs and damages.
One Way rentals - One way rentals
Some car hire companies allow returning a car to a different location. This implies a One Way tax which is not included in the basic price and is calculated according to the distance traveled and the vehicle category. The charges for One Way car hire are indicated on the Website under Extra (booking step 2). On the booking confirmation reference is made tot he information available on the Internet with regard tot he One Way tax. On this form it’s not always possible to indicate an exact price.
Loss of keys
In case of damage or loss to car keys, the hirer will have to pay all the arising costs.
All traffic accidents of the hirer, must be reported to the supplier within 24 hours, presenting the police accident report. Failure to present the police accident report can result in the loss of the C.D.W. and Theft Protection insurance. Upon the theft of the vehicle, a police report has to be filed and return of the keys is necessary.
Subsequent pick-up or premature return
In case of subsequent pick-up or premature return of the vehicle other than agreed, there is no entitlement of reimbursement of the cost difference. The supplier decides whether, in the context of goodwill, a refund is possible. The hotline of the intermediary can supply non-binding information regarding this issue.
Complaints regarding the performance of the supplier will be sent directly to him, cars4holidays is merely mediating for the hirer. Most suppliers have a claim period of up to 30 days in their terms, starting from the day of the return of the vehicle.
The mediation contract between the hirer and cars4holidays is limited to the proper mediation placement within the context of the due diligence of a prudent businessman. The intermediary is responsible with limitation of liability in case of intent or gross negligence only.
Limitation of liability
For damage or loss as a result of defects the intermediary is only liable in case of intent or gross negligence. In the case of mere careless neglect, whether on the part of the intermediary or on the part of his agents, the liability of the intermediary is limited to contractually typical predictable damage. The liability limit is set to twice of the rental price.
Exclusion of liability
Liability is excluded for events that are not within the responsibility of the intermediary. The performance of the mediated supplier is his responsibility and is not part of the mediation contract.
Damages or events resulting from acts of god, have no effect on liability claims. These include wars and military missions, terror attacks, civil unrest, natural disasters, fires, floods, strikes, and police or official orders.
Default of the car hire company
The intermediary can not be held liable in case the agreement is finally not entered into or the vehicle can not be handed over to the client, for instance due to car hire company's insolvency, ceasing of activities, overbooking, technical defects of the vehicle or other incidents outsider of the intermediary's control.
7. Information about offers, supplier terms, insurance services and rental contract
All information regarding the offer, the terms, as well as further rental related items, specifically about the insurance benefits are transmitted to the intermediary by the supplier. This information cannot be reviewed for correctness and completeness by the intermediary. The intermediary can therefore not be held liable for this part.
As customary in the car rental trade the requested category will be reserved for the hirer. An example vehicle is designated per vehicle category and is usually presented with a photograph. The supplier maintains, however, per category, vehicles from various car manufacturers of comparable size and equipment. Certain vehicle model requests are of course considered, but there is no delivery obligation.
Extras and accessories
will be specifically reconfirmed or merely noted in the reservation depending on the supplier. The prices and conditions differ from each supplier.
The intermediary does not offer any insurances. It is the supplier who offers insurances. The intermediary has received all information from the suppliers and does not pretend this information to be exhaustive, correct or up to date. Therefore the intermediary does not accept any liability in this respect. Furthermore the suppliers reserve the right to modify the information. Under some circumstances these modifications have not yet been communicated to the intermediary. The hirer is required to specifically have the insurance benefits of the supplier reconfirmed to him on site.
Also, please note that "unlimited coverage" in some countries simply means that an increased insurance coverage exists (e.g. in Spain unlimited means ilimitado-EUR 50 million per occurrence), so it is capped as well.
The insurance will differ between each country and between each individual supplier. Basically, the legal liability insurance and comprehensive insurance (CDW) and theft insurance (TP), is included, in some countries with a franchise. The insurance coverage will differ between each country and can not always be compared with a similar insurance policy concluded in Germany.
Depending on the country and the supplier, damages to tires, wheel rims, glass (or plastic), damages to the clutch, windows, driving mirror, motor, battery, loss of keys as well as damages to the interior, the roof and accessories are not covered by the comprehensive insurance in many countries. The same applies for the vehicle underside (on the website this part is only described as undercarriage) and consequential loss. This also applies in case of damages incurred during the use of inadequate or non-authorized public roads or streets or terrain.
Rental Contract with the supplier
The Rental Contract will be issued under the terms and conditions of the supplier in the local language. Most suppliers offer the rental details in English, some also in German. Rental contracts and terms are always subject to each country’s own laws, the law of the country in which you receive the car therefore applies.
Legal relationships herewith develop between the supplier and the hirer. In particular, concerning the provision and availability of the vehicle, technical issues or the general condition, ordered accessories, insurance benefits and any agreements resulting from the rental contract. In case of problems we will be glad to intermediate. The intermediary assumes no liability for the performance of the supplier (e.g., rental contract, settlement of the car, delivery of the vehicle and the quality and status) also no claims or refunds will be done by him. All requests resulting from the reservation contract (booking confirmation) to the supplier or the rental agreement with the supplier are to be directed only to him.
The amount will be paid by credit card, that is issued in the name of the hirer. The PIN number is required. Payment by cash or debit card is possible with few car rental companies. In general, the rent will be charged plus fill-up. The specified deposit is blocked by credit card, as well as the excess may be specified. The car rental price includes the local V.A.T.. Unlimited mileage, Third Party Insurance and the Collision Damage Waiver, are usually included in the price. In general, the costs to tank up / fuel costs are not included in the rental price.
The hirer normally pays directly to the supplier upon arrival. Charges or refunds of any kind whatsoever shall be made solely and only by the supplier (e.g. rental charges, tank contents, prolongations, security deposit, self excess charge; Refunds, e.g. tank contents, premature return, price reduction, change or withdrawal, claims arising from contract problems).
Reservations for some countries must be prepaid. The credit card of the hirer will be charged after the supplier confirms the reservation. In some cases, cars4holidays charges the hirer on behalf of and for the supplier. The reservation confirmation (payment voucher) must be provided to the supplier upon collection of the vehicle.
8. Assignment of a claim
The assignment of a claim of the hirer against the intermediary is excluded. This applies to all claims arising from the mediation contract, and unjust enrichment and tort.
9. Cancellation or modification of reservation
Reservations can be cancelled free of charge 24 hours prior to the planned rental start. Cars4holidays takes over the costs of the cancellation and rebooking fees applied by the supplier up to 24 hours prior to the rental start. The cancellation will be accepted via E-Mail or via telephone during office hours under: +34-966497596. (Mo-Fr 10:00 - 18:00 ). The office is closed on Saturday,Sunday and bank holidays.
The conditions are different and are listed explicitly in each offer.
10. Right of refusal
Our suppliers reserve the right to refuse delivery of a vehicle to a mediated customer, when the supplier's management has sufficient reason to believe, that the customer is under the influence of alcohol or drugs, is dressed inappropriately or acts in threatening, abusive or otherwise unacceptable behaviour.
11. Place of jurisdiction
Place of jurisdiction is in Denia (Alicante) in Spain
12. Severability clause
Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provisions shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission.