Scope and definitions
In these conditions the following are understood to mean:
1. CMR: Convention on the Contract for the International Carriage of Goods by Road (Geneva 1956), as supplemented by the protocol of 1978.
2. Parking Agreement: the agreement in which the depository, Servirent Aeropuerto, referred to as “Servirent Aeropuerto” from article 1 is a company of Servirent Aeropuerto SL established in Manises, Valencia, Calle Maestrat 17 undertakes to place in parking the Car entrusted to him by the depositor, referred to as “the Client” from article 1.
3. Parking: the storing, keeping and release of the Car entrusted to Servirent Aeropuerto 4. Proof of parking: A bill of carriage or any other document on which is stated the date of receipt of which Servirent Aeropuerto is informed in writing by the Client upon commencement of the parking agreement and any other matters that the Client and Servirent Aeropuerto think necessary. The absence of, irregularities in or the loss of the proof of parking does not affect the applicability of these conditions.
5. Depositor, the Client: the one who commissions the parking of the Car.
6. The Car: the vehicle the Client is giving into parking with Servirent Aeropuerto and by Servirent Aeropuerto is accepted as such.
7. Depository, Servirent Aeropuerto : the one who accepts and carries out the commission to store the Car.
8. Collection: the moment that Servirent Aeropuerto collects the Car from the agreed location and transfers it to the parking space.
9. Receipt: the moment that Servirent Aeropuerto accepts the Car.
10. Delivery: the moment that Servirent Aeropuerto transfers the Car to the Client at the agreed location.
11. Work after acceptance: work carried out by Servirent Aeropuerto after receipt in order to park the Car in the space intended for this purpose.
12. Work prior to release: work carried out by Servirent Aeropuerto in order to be able to release the Car to the Client.
13. Acts of God: circumstances which Servirent Aeropuerto , despite showing due care has been unable to avoid and the extent to which Servirent Aeropuerto was unable to prevent the consequences of this.
14. Working days: all calendar days, as well as generally recognised national holidays.
15. Operational area: Spain
Article 1. Tax scope
1.1 The General Conditions of Delivery for Car-parking apply insofar that they are not in conflict with mandatory law.
1.2 As far as not mentioned in the General Conditions for Car-parking, are for Car-parking the following establishments applied: : el Código de comercio de 1889, el Código Civil, el Titulo XI accoring Parking, and in el ORDEN of 25th april 1997 according to the general conditions of transportation (modified OM FOM/3947/2005, 9-12) (BOE 7-5).
Article 2. Rent, Rent Adjustments and Guarantee
2.1 The rent mentioned in articles A and C of the Car-parking agreement will remain unchanged for the period of weeks or months mentioned in the Car-parking agreement.
2.2 Servirent Aeropuerto is not entitled to adjust the rent unilaterally during the term falling due of the agreement.
2.3 Repayment of the rent or expenses is not possible under any circumstances.
Article 3. Obligations of Servirent Aeropuerto
3.1 Servirent Aeropuerto is obliged to accept the Car at the agreed place, time and manner, accompanied by the necessary documents in advance provided by the Client, and to carry out the necessary work to release the Car in the same condition as they were received in or in the agreed condition.
3.2 Servirent Aeropuerto is obliged:
I. To return a signed copy of the proof of parking to the Client upon receipt of the Car and the proof of parking.
II. To check the external condition of the Car, in the event of defects, to record these on the proof of parking upon receipt of the Car. These obligations do not apply when, in the opinion of Servirent Aeropuerto , such work would substantially delay receipt.
III. To seek advice from the Client before accepting the Car that have noticeable external damaged. If advice cannot be given in good time, Servirent Aeropuerto is entitled to refuse to take receipt of the car. Servirent Aeropuerto is likewise entitled to refuse to take receipt of the Car if it, insofar as it is applicable, is damaged or of inferior quality, different than was agreed upon before.
IV. The proof of parking provides proof, except for proof to the contrary, of the parking agreement conditions and the parties in the agreement, of receipt of the Car in satisfactory external condition. Servirent Aeropuerto does not have reasonable means at its disposal to check the accuracy of the records referred to in article 3.2 sub ll of this article, proof of parking is not accepted as proof of the records.
3.3 Servirent Aeropuerto is obliged to designate one or more contact persons and to inform the Client of this in writing.
3.4 Servirent Aeropuerto is obliged to provide the parking in the agreed parking space(s). If no specific space has been agreed Servirent Aeropuerto will store the Car in a parking space suitable for this purpose.
3.5 Servirent Aeropuerto is obliged to inform the Client should it be necessary to remove the Car, if different than agreed upon before Servirent Aeropuerto is entitled to move the Car to a different parking space suitable for this purpose, insofar as this is necessary within the context of its operational management.
3.6 Servirent Aeropuerto is obliged to insure its legal liability as well as its liabilities arising from General Conditions of Delivery, with a reputable insurer and to provide a copy of the policy upon the Client’s request.
3.7 Having had the required cover specified, Servirent Aeropuerto is obliged to insure the transportation the Car with a reputable insurer and to provide a copy of the policy upon the Client’s written request, and at the Client’s expense, only if transportation of the Car is not covered by the insurance of the Client.
3.8 Servirent Aeropuerto is obliged to provide the Client and those persons designated by the Client, access to the parking spaces where the Car is being stored, on their own risk, on the condition that:
- this takes place while Servirent Aeropuerto is present;
- it is made known in good time;
- it is carried out in accordance with the rules and regulations of Servirent Aeropuerto 3. Servirent Aeropuerto is obliged to be responsible for the materials that it uses in complying with the parking agreement.
Servirent Aeropuerto is obliged to maintain confidentiality as regards third parties concerning facts and information of which it is aware due to the parking agreement.
3.10 Servirent Aeropuerto is obliged to produce the Car only after being ordered to do so by Client. Servirent Aeropuerto may only release the Car to the person designated for this purpose in the Client’s orders.
3.11 Servirent Aeropuerto is responsible for the Car during the transportation from the location of collection to the parking space and back to the location of delivery. Fines and penalties laid on by authorities are the full responsibility of Servirent Aeropuerto .
3.12 Servirent Aeropuerto is obliged to keep in their file a copy of the original registration certificates of the Car, as proof that the Client is the owner of the Car.
Article 4. Liabilities of Servirent Aeropuerto
4.1 If the Car accepted is not delivered in the same, or the agreed condition, Servirent Aeropuerto is responsible for the material damage caused, with the exception of Acts of God and other additional circumstances specified in these conditions. The burden of proof of the material damage rests with the Client.
4.2 Servirent Aeropuerto is not responsible for damage to the Car, insofar as this damage is the result of the particular risks related to parking in the open air, as ordered by the Client. Specifically Servirent Aeropuerto is not liable for damage to windscreens or dropping out of the glass of wing mirrors, since those events are always caused by influences of heat and cold that either increase existing (small) damages or reduce the life cicle of those parts.
4.3 Servirent Aeropuerto is not responsible for the damage resulting from failure to comply with the obligations by which it is bound by reason of article 4.1, insofar as this failure to comply is the result of the particular risks relating to one or more of the following circumstances:
I. handling, loading, packing or unloading of the Car by the Client or persons operating on behalf of the Client;
II. the nature of the Car as such, that due to reasons related to its nature, suffer total or partial loss or to damage, especially due to ignition, explosion, melting, breakage, corrosion, decay, drying out, leakage, normal loss of quality, or the actions of vermin or rodents;
III. heat, cold and changes in temperature or humidity, only if it has not been agreed that the parking will be provided in a space specially equipped to protect the car from these influences.
4.4 When Servirent Aeropuerto shows that, given the circumstances of the incident, failure to comply with the obligations was possibly the result of one or more particular risks as mentioned in 4.3, it will be accepted that the failure to comply was a result of this
4.5 If parking takes place in a space specially equipped space to protect the car from the influences of heat, cold and changes in temperature or humidity, in accordance with that which has been agreed between the parties, Servirent Aeropuerto can refer to article 3.3 in order to release itself from the liability if it proves that all measures that it was obliged to take as regards to the choice, maintenance and use of these facilities, taking into consideration the circumstances, have been taken.
4.6 The liability of Servirent Aeropuerto for the material damage referred to in article 4.1 takes the form of compensation based on the current market value of the Car per incident or series of incidents with one and the same cause of damage.
4.7 An act or omission by whoever, except for Servirent Aeropuerto itself, done with the intention of causing damage, either reckless or in the knowledge that damage would probably be caused, does not deprive Servirent Aeropuerto of its right to appeal for exclusion or limitation of its liability.
4.8 If Servirent Aeropuerto does not provide the parking at the agreed time or within the agreed period, manner and place, Servirent Aeropuerto is, without prejudice to that which is specified in 4.1, still obliged to carry out the activities as quickly as possible and at no extra cost to the Client, in the agreed manner. When the Client incurs additional costs in connection with the fact that Servirent Aeropuerto failed to provide parking in the agreed manner, time and place, Servirent Aeropuerto is responsible for these costs up to an amount agreed when entering into the parking agreement. If such an amount has not been agreed, the liability of Servirent Aeropuerto for these costs will be a maximum of € 681 per incident.
4.9 If Servirent Aeropuerto repeatedly fails to fulfil its obligations the Client can, without prejudice to his entitlement to compensation for damages as described in article 4.1, 4.2, 4.3 and 4.4, cancel the parking agreement, after proposing a final period in writing to Servirent Aeropuerto and Servirent Aeropuerto has still failed to fulfil its obligations when the period has expired Servirent Aeropuerto is liable to pay a maximum amount of compensation as agreed when entering into the parking agreement for damages arising from the termination of this agreement. If no amount has been agreed, the amount of compensation will be that deemed as reasonable according to the law, custom, or reasonableness.
Article 5. Obligations of the Client
5.1 The Client is obliged to provide Servirent Aeropuerto in good time with all the documents (the registration certificate, technical inspection, proof of paid insurance premium) relating to the Car and its handling of which he is, or should be, capable of, and of which he realises, or should realise their importance to Servirent Aeropuerto , unless he can assume that Servirent Aeropuerto knows or should know this information. The Client is responsible for the accuracy of the information that he provides. By providing the documents and signing the agreement, the Client declares to be the owner of the Car.
5.2 The Client is obliged to make available the agreed Car at the agreed place, time and in the correct manner, accompanied by the documentation required from the Client under the law (the registration certificate, technical inspection, proof of paid insurance premium) and any further necessary documentation to Servirent Aeropuerto .
5.3 The Client is obliged to designate one or more contact persons and to inform Servirent Aeropuerto of this in writing.
5.4 The Client is obliged to reimburse the costs incurred by Servirent Aeropuerto as referred to in article 3.6 in addition to the agreed costs of parking, within the set payment period, as described in article 8.1.
5.5 The Client is obliged to indemnify Servirent Aeropuerto against claims by third parties for damage; caused by an action or omission by the Client, his subordinates, as well as all other persons whose services the Client uses.
5.6 The Client is obliged to be responsible for materials that he makes available to Servirent Aeropuerto .
5.7 The Client is not permitted to offer goods for parking (left behind in the Car) with Servirent Aeropuerto that are:
- toxic, flammable or hazardous substances (except for the normal fuel in the fuel tank of the Car) or goods liable to decay or living goods;
- jewellery, furs, works of art, collections or irreplaceable objects with an emotional or special value;
5.8 Without prejudice to that which is specified in article 5.7, the Client is not permitted to leave in the Car the following specified goods or products:
- Waste products, including animal and hazardous waste products;
- Live animals or goods liable to decay;
- Asbestos and/or crocidolite (blue asbestos);
- (Artificial) fertilizer;
- Gas bottles and/or batteries
- Hazardous substances or preparations that in accordance with RD 363/1995, 10th march, such as:
- Explosive substances and preparations, such as aerosol cans (including air fresheners, hair spray, car paint, varnish and car windscreen de-icer); sprays and (liquid) gases such as LPG, hydrogen, acetylene, propane and butane; fireworks;
- Oxidizing substances and preparations such as hydrogen and other peroxides, chlorates, strong saltpetre and perichloric acids;
- (Highly) flammable substances and preparations such as paraffin, petrol, methylated spirits, turpentine, white spirit, acetone, paint, window de-icer, air fresheners, contact and neoprene adhesive. Except from the normal fuel and engine liquids. Those are permitted.
- (Highly) toxic substances and preparations such as methanol, stain removers, pesticides;
- Harmful substances and preparations, such as cleaning products, paint thinners, wood preservatives, paint removers;
- Corrosive substances and preparations such as agents for unblocking waste pipes, decalcifiers, corrosive soda, strong acids, cleaning products such as oven and wc cleaners;
- Irritant substances and preparations;
- Sensitizing substances and preparations;
- Carcinogenic substances and preparations;
- Mutagenic substances and preparations;
- Substances and preparations toxic to reproduction;
- Environmentally hazardous substances and preparations such as CFCs, PCBs and PCTs; pesticides and heavy metals such as mercury in thermometers, cadmium and zinc from batteries, lead and copper;
- Pest and herbicides
- Hazardous substances can usually be recognised by the symbols given below *:
1. Explosive/risk of explosion; 2. Flammable, flammable product; 3. Oxidising, facilitates the ignition of another product; 4. Xn/Xi harmful/irritant, harmful or irritant (including genetically harmful substances); 5. Caustic/corrosive affects the skin of materials; 6. Environmentally hazardous, a danger to the environment; 7. Toxic, dangerous product that can be deadly.
5.9 The Client is obliged to inform Servirent Aeropuerto as quickly as possible of any change of address. It is sufficient for Servirent Aeropuerto to send all notifications to the Client, which are obligatory on the basis of the parking agreement, to the last known address.
5.10 The Client is obliged to provide Servirent Aeropuerto with written authorisation for the release of Car which expressly state who the Car has to be released to.
5.11 The Client is obliged upon receipt of the Car to provide Servirent Aeropuerto with a signed bill of carriage or other document which shows that the Car has been released.
5.12 If the Car is released by Servirent Aeropuerto with visible external damage or loss, without the Client making a written reservation, in which the general nature of the damage or loss is given, on the proof of release, at the time of, or subsequent to, acceptance of the Car, Servirent Aeropuerto will be considered to have released the Car in the same condition as they were received.
5.13 If the damage or loss is not outwardly noticeable and the Client does not bring this to the attention of the depository by written reservation stating the general nature of the damage or loss within 2 hours of receipt of the Car, Servirent Aeropuerto will be considered to have released the Car in the same condition as they were received.
5.14 The Client is obliged to maintain confidentiality as regards third parties concerning facts and information, of which he is aware because of the parking agreement.
Article 6. Client Liability
6.1 The Client is responsible for all damage resulting from incorrect or incomplete reports relating to the Car and its treatment.
6.1.1 In signing the Parking Agreement the Client declares in advance that he delivered the Car to Servirent Aeropuerto undamaged or with the damages as described on appendix 1 (to be provided by Servirent Aeropuerto).
6.3 If between the signing of the agreement and the collection of the Car by Servirent Aeropuerto , Servirent Aeropuerto discovers any damage on the Car, which has not been reported by the Client, Servirent Aeropuerto is entitled to end the agreement immediately. In this case Servirent Aeropuerto will try to get in touch with the Client as quickly as possible.
6.4 The Client is responsible for all damage caused by persons or goods that Servirent Aeropuerto, in accordance with article 3.9 of these conditions, has had to allow on its site on behalf of the Client.
6.5 If the Client omits to designate one or more contact persons as referred to in article 5.3 of these conditions, the person who signed the parking agreement on behalf of the Client will be regarded as the contact person.
6.6 The Client is not liable for damage resulting from information and orders, issued by or to other persons than those referred to in article 5.3 or article 6.3 of these conditions.
6.7 If the Client does not provide reports concerning the Car and its handling as referred to in article 6.1 of these conditions in good time, or fails to make the Car available at the agreed time or within the agreed period, correct manner and place, accompanied by the required documentation as referred to in article 5.2 of these conditions, he is still obliged to carry out these activities as quickly as possible, free of charge and in the agreed manner for Servirent Aeropuerto . When Servirent Aeropuerto has incurred additional costs due to the fact that the Client has failed to fulfil his obligations as referred to in article 5.1 and 5.2 of these conditions, the Client will be fully liable for these costs.
6.8 If the Client, having been given notice of default by Servirent Aeropuerto as is fitting and necessary, fails to comply with the provisions contained in the agreement and/or these General Conditions of Delivery, the Client will be liable for the immediate forfeit of a penalty to Servirent Aeropuerto of Euro 250.- per day for each day that the Client is negligent. The right of Servirent Aeropuerto to full compensation remains unaffected by this. In applying article 1.4 of these General Conditions of Delivery the penalty referred to in article 6.6 will not be applied for the same default.
6.9 If there occurs a change in the flight schedule of the Client of a kind that it will change the agreed schedule of your car delivery more than a day it will be the liability of the Client to notify Servirent Aeropuerto 24 hours prior to the agreed time of delivery, to prevent any extra costs caused by and related to changes in flight schedules or times of arrival. Without a proper notification Servirent Aeropuerto is not responsible for any extra costs, caused by and related to changes in flight schedules or times of arrival. A proper notification has to be given by telephone (686937557) or by sending a text-message to the same number, containing the necessary information Servirent Aeropuerto needs to expose an adequate service.
6.10 Delivery of the car by Servirent Aeropuerto to the Client on request of the Client after 24:00 (due to excessive delay) will be charged €10,00 per hour extra.
Article 7. Withdrawal of the Car and termination of the agreement
7.1 The Client can always demand release of the Car upon payment of the agreed compensation and other costs as referred to in article 5.4 of these conditions.
7.2 If the Client wants (early) release of the Car, the Client will allow Servirent Aeropuerto a reasonable period in which to release the Car.
7.3 Servirent Aeropuerto can, in addition to that which is specified in article 6.6 of these conditions, demand the withdrawal of the Car if it cannot reasonably be expected that parking be continued. Servirent Aeropuerto will allow the Client a reasonable period in which to withdraw the Car.
7.4 When the Client fails to withdraw the Car within the agreed period, Servirent Aeropuerto is entitled to cancel the agreement concerning the Car. That which is specified in articles 5.10 and 6.6 of these conditions is correspondingly applicable concerning the Car.
7.5 Insofar as Servirent Aeropuerto requires withdrawal of the Car by the Client on the basis of 7.3 of this article, before the agreed parking period has expired, any amounts payable by the Client will be charged proportionally if the reason for the termination of the parking can be attributed to the depositary. If, however, the reason for termination of the parking can be attributed to the Client, then the client is liable to pay the agreed compensation and other costs as referred to in article 5.4 of these conditions.
7.6 As security for the satisfactory fulfilment of his obligations arising from this parking agreement the Client does not have to pay Servirent Aeropuerto a deposit. Servirent Aeropuerto will be entitled to keep the car in parking in relation to the Client’s failure to satisfactorily fulfil his obligations of the above mentioned, without being obliged to do so. Until the Client has fulfilled his obligations. If Servirent Aeropuerto has to provide longer parking because of the above mentioned, the Client has the obligation to pay for the extra costs.
Article 8. Payment conditions
8.1 Payment should be made in Euros in cash to an employee of Servirent Aeropuerto . When Car-parking space is being rented for a period of time between 1 day and 6 weeks this should be done before the delivery of the Car to the client at the airport, unless something to the contrary has been expressly agreed in writing. In other words: before the first collection of the Car. When Car-parking space is being rented for a period of time longer than 6 weeks this should be done before the collection of the Car at the airport. In these cases the payment for our service should be done in advance. Either in cash to one of our employees at the airport or by bank transfer. If the payment has not been effected at the moment of collection of the Car, Servirent Aeropuerto will not collect the Car until the payment is effected. Extra costs for the procedures of collection on a later moment, caused by payment problems, are the liability of the Client. Paying by bank or Post Office Giro the day on which the Servirent Aeropuerto bank account is credited will count as the day of payment. All other amounts payable by Servirent Aeropuerto and the Client, for whatever reason, will be paid, with regard to the agreed period or in the absence of an agreed period within fourteen days the date of invoice.
8.2 If the Client is negligent and remains so in complying with any obligation to which he is subject in accordance with the law, local bye-laws, customs, the agreement and/or these General Conditions of Delivery, Servirent Aeropuerto is entitled to cancel the agreement and/or to demand the (extra)judicial annulment of the agreement and to require full compensation. The Client is furthermore obliged to pay the statutory interest on the amounts due the basis of 1101, 1108 and 1109 of the Código Civil from the day on which these payments were due up to the day of payment.
8.3 Both Servirent Aeropuerto and the Client are mutually entitled to claim all necessary extrajudicial and judicial costs incurred in collecting the sums due, as stated in clause 1 of this article. The extrajudicial collection costs are due from the moment that the Client or Servirent Aeropuerto is in default and the demand for collection has been sent.
8.4 Appeals concerning the settlement of demands for payment of compensation arising from the parking agreement, due on account of the parking or from additional costs weighing on the Car with claims for other reasons are not permitted.
8.5 In any event, all sums, as referred to in 8.1 of this article, immediately payable and in deviation from 8.4 of this article are liable to settlement if
I. the Client or Servirent Aeropuerto has been declared bankrupt or if the Client or Servirent Aeropuerto has been granted suspension of payments;
II. the Client or Servirent Aeropuerto :
1. offers their creditors an arrangement;
2. is substantially in default in complying with their obligations;
3. cancels the parking agreement on the basis of article 4.10 or article 6.6 of these conditions;
4. ceases trading or – in cases of a legal entity or firm – if this is dissolved.
Article 9. Security
9.1 Servirent Aeropuerto has a right of retention on the Car and documents that it has in connection with the parking regarding any party that requires their release. However, this right does not apply, if Servirent Aeropuerto, at the time that the Car is received for parking, had reason to doubt the authority of the Client to make the Car available for parking.
9.2 Servirent Aeropuerto can only exercise its right of retention regarding the Client for that which is or will be owing due to being stored.
9.3 Servirent Aeropuerto can also exercise the right of retention assigned in 9.2 of this article for outstanding amounts payable by the Client in connection with previous parking agreements.
9.4 If during settlement a dispute arises concerning the amount due or the calculation of the amount cannot be carried out with any urgency, and release is required, the Client is obliged to immediately pay that part of the amount that is not disputed, and to provide security for that part of the payment that he disputes or has yet to be determined.
9.5 All goods, documents and monies that Servirent Aeropuerto has in connection with the parking agreement can be used as collateral for all claims that it has regarding the Client.
9.6 Apart from cases where the Client has been declared bankrupt or granted suspension of payments, or on termination of the parking agreement as referred to in article 6.6 of these conditions, Servirent Aeropuerto is never entitled to sell the Car held as collateral without permission form the judge, in accordance with el Código Civil en la Ley de Enjuiciamiento Civil 2000.
9.7 If the Client fails to pay the amounts liable for regarding Servirent Aeropuerto , and on account of which Servirent Aeropuerto , in accordance with the previous clauses has the right to retention and/or lien, Servirent Aeropuerto is entitled, after receiving permission from the judge, to sell the Car stored, at the Client’s expense, and to use the proceeds to settle all amounts owed relating to the Car, this being in accordance with el Código Civil or la Ley de Enjuiciamiento Civil (LEC-2000).
9.8 The Client is liable for the costs of requesting permission to sell in accordance with la normativa en la LEC-2000 y Código Civil. as well as the costs of the public or private sale. If the total costs of the open claim regarding Servirent Aeropuerto exceed the estimated value of the Car, the depositary can sell the Car.
9.9 If requested, Servirent Aeropuerto can exchange the collateral for security which, in the sole opinion of Servirent Aeropuerto is of equal value.
Article 10. Competent judge/arbitrator
10.1 All agreements, to which the General Conditions for Car-parking apply; will be subject to Spanish law.
Article 11. Acts of God
11.1 Acts of God are taken to include, any circumstance beyond the control of Servirent Aeropuerto whose nature is such that compliance with the agreement cannot be reasonably asked of Servirent Aeropuerto (non culpable defects in compliance). Acts of God are also taken to include: war, riots and hostilities of whatever nature, blockades, boycotts, natural disasters, epidemics, shortage of basic materials, impediments and disruption of transport, breakdowns in our company, import and export restrictions or prohibitions, hindrance resulting from measures, legislation or decrees issued by international, national and regional (government) authorities. If Servirent Aeropuerto is unable to fulfil its duty to release, or cannot do this adequately or in good time due to Acts of God, Servirent Aeropuerto is entitled to consider the agreement or the part thereof that has not been fulfilled, as being annulled, or to suspend it for a specified or indefinite period, with Servirent Aeropuerto being able to choose which. The Client is not entitled to compensation from Servirent Aeropuerto in cases of Acts of God