It is hereby established that the Lease Contract for the vehicle specified on the obverse is drawn up and signed in duplicate; which are entered into by Estación de Servicios SAN JOSÉ S.A.C. (hereinafter SAN JOSÉ), and by the LESSEE, whose details are given on the front of this document, under the following terms and conditions:
1.- SAN JOSÉ is the owner of the vehicle/s specified on the front of this document (hereinafter THE VEHICLE), and offers the service of Rent a Car (rental of vehicles), and at the request of the THE LESSEE, you are provided with the lease of THE VEHICLE for the agreed amount and term, in accordance with the particular conditions set out on the obverse of this document, if any, which is an integral part of this contract.
2.- Both parties, declare their agreement on THE VEHICLE, stating that it is in excellent condition of mechanical operation and maintenance of body, paint, and accessories, without greater wear than that produced by normal and ordinary use, that it meets all the technical and safety requirements necessary for its correct use, declaring THE LESSEE to have verified, as shown in the inventory (check list) attached to this document.
3.- THE LESSEE acknowledges and accepts:
a) The rates established by SAN JOSÉ,
b) The insurance Franchise,
c) Cash payment for lost or damaged tools and accessories not included in the insurance.
d) As for the rent agreed to the back, it must be cancelled in the form and at the time agreed. THE LESSEE declares to know that THE VEHICLE has an insurance policy against all risks, contracted by SAN JOSÉ.
4.- SAN JOSÉ is obliged to deliver the vehicle requested by the lessee, on the date of signature of this contract, without more than the signatures of the parties placed in it. This obligation shall be verified with the physical delivery of the vehicle, keys and ownership card. The LESSEE undertakes to return THE VEHICLE, on the date of expiry of the stipulated period, in the same conditions as it was delivered to him. Once returned THE VEHICLE with the agreement of SAN JOSÉ, it will not be liable for the deterioration, destruction, loss or theft of goods and values, owned by THE LESSEE, or third parties, left inside THE VEHICLE.
5.- SAN JOSÉ, reserves the right to rent its vehicles to people under 26 years of age. If this is the case, a written statement from the company will be essential.
6.- The mileage will be determined by a factory installed kilometers account, duly sealed. If for any reason the connection is lost or disconnected, under the responsibility of THE LESSEE; a daily distance of 250 kilometres will be taken into account for the calculation of your invoice.
7.- The LESSEE is obliged to use the vehicle according to the factory specifications, which he declares to know, handle it personally or by authorized persons at the back, being prohibited from subleasing it, assign your rights, your contractual position or any other similar contractual form, unless expressly authorized by SAN JOSÉ. Likewise, THE LESSEE is not entitled to dedicate the leased vehicle to public passenger transport, to load goods, heavy and/or dangerous packages, towing in general, or sports competitions, It is also forbidden to transit on non-authorized tracks or routes, other than the normal ones, or that are not part of the National Road System (SINAC), classified in National Road Network, Departmental or Regional Road Network and Vecinal or Rural Road Network or that may damage the unit always within the area indicated in this Contract, not being able to take it abroad, without express authorization of SAN JOSÉ. The RENTER is also obliged to drive wearing his license and to respect the traffic rules and road safety in force and also respecting the rules and provisions contained in the manufacturer’s manual, regarding the correct use, load capacity and people.
8.-THE LESSEE is obliged to return THE VEHICLE with the same amount of fuel in tank as it was delivered (Full Tank), stating that THE RENTER will bear the full cost of any fuel difference found when returning THE VEHICLE. This cost will be invoiced by SAN JOSÉ S.A.C. in the corresponding month, expressly authorizing THE LESSEE to be debited from the credit card.
9.- The LESSEE is prohibited from making improvements, changes or external or internal alterations to the VEHICLE and its accessories, or repairs, without the express written consent of SAN JOSÉ.
10.- The LESSEE expressly agrees to cover any liability that is incurred by reason of the use of the VEHICLE for non-compliance with any of the clauses of this contract, as well as for the causes of mishandling, Mechanical damage caused by the user’s irresponsibility, by crossing rivers, bad roads that cause any type of damage to the VEHICLE. Provided that it has the express authorization of SAN JOSE, THE LESSEE is obliged to carry out at his own expense and cost, in the centers authorized by SAN JOSÉ, the repairs and maintenance necessary to keep the vehicle in the same condition as it was received, in which case you should opt for original spare parts and first class service. SAN JOSÉ, will not refund any amount that may have been cancelled by the LESSEE, for repair, labor, spare parts, etc.; which has been made without express authorization of SAN JOSÉ
11.- THE LESSEE is solely responsible for any damage, personal or material, caused to THE VEHICLE, other vehicles or property, and third parties by the use of THE VEHICLE, expressly releasing SAN JOSÉ from all civil, criminal or administrative liability, expressly declares to assume the risk generated by the use of the VEHICLE.
12.- The LESSEE will be responsible for all damages caused to the vehicle and/or third parties if it is driving under the influence of drugs, intoxicating drinks or medicines not recommended for use in motor vehicles. Failure to comply with any of the obligations assumed by the LESSEE shall entitle SAN JOSÉ to terminate this contract, pursuant to article 1430 of the Civil Code.
13.- The LESSEE is responsible for traffic violations that occur during the term of this Contract, and it is his obligation to declare it and present the corresponding ballots to SAN JOSÉ. Payment of the same is exclusive account of THE LESSEE. In case of omission of this declaration, THE LESSEE is obliged, moreover, to assume all expenses that require the coercive process, including administrative costs, interest, fees, attorney’s fees, as well as any additional costs arising from its infringement or the process to which the payment default gives rise. The liability for fines and violations committed for concealing SAN JOSÉ extends to two years after delivery of the vehicle.
14.- In the event of an accident, arrest, partial or total theft, or any other incident or loss, the LESSEE undertakes to give notice immediately to SAN JOSÉ, detailing precisely the events that occurred, so that it proceeds, within the time limit set for such cases, to inform the contracted Insurance Company. Subsequently, THE LESSEE proceeds to report the fact to the police authorities within the first two hours, submitting to drug tests, ethyl dosage, technical expertise, of damages, and comply with the procedures stipulated in the National Transit and Police Regulations indicated for the case, whose expenses will be borne by the LESSEE.
15.- If, due to an accident or partial theft, the vehicle is repaired or for violations of traffic regulations, the vehicle is stopped by the authorities; the LESSEE shall pay to SAN JOSÉ the amount of the agreed lease for the duration of the repair or the legal procedures for the release of the vehicle, as well as all expenses incurred in obtaining the recovery of the leased vehicle, as a loss of profit.
16.-In the event that THE VEHICLE is stolen, the LESSEE is obliged to pay SAN JOSÉ, the rental of the unit according to the agreed rate until the recovery thereof, This amount must not be greater than the 30 days of lease counted from the day after the complaint made to the competent authorities.
17.-THE LESSEE is obliged to pay to SAN JOSÉ the deductible or franchise of insurance in case a claim occurs. In case of total loss THE LESSEE is obliged to extinguish 20% of the value of THE VEHICLE, amount that will be communicated in due time by SAN JOSÉ. In case the insurance company does not cover the claim, for any reason, THE LESSEE is obliged to pay the amount required for the repair of the vehicle at the workshop chosen by SAN JOSÉ, or the full value thereof, in the event that it cannot be recovered or is declared as a total loss, according to the amount entered into the contracted policy.
18.- SAN JOSÉ, reserves the right to terminate or terminate this contract, without giving any reason, who may collect the vehicle or require its return at the time and in a manner that suits him best without recourse to the LESSEE, not being obliged to use any kind of notice.
19.- If the LESSEE does not return the vehicle at the end of the term or after the termination referred to in clause 18, it will incur the offence of unlawful appropriation, being SAN JOSÉ, authorized to initiate the relevant action before the criminal court of the Superior Court of Justice of Piura.
20.- In case of default in payment, THE LESSEE, agrees with SAN JOSÉ, the recognition of a moratorial interest of 5% and a compensatory interest of 5% of the rent until the total cancellation of the debt contracted. All out-of-court and judicial expenses incurred by such collection, costs and expenses are borne by THE LESSEE.
21.- On the date of subscription of this document, THE LESSEE delivers as deposit to SAN JOSÉ the sum specified in the back as a guarantee of absolute compliance with all obligations assumed under this contract. The said deposit will be returned to THE LESSEE, without interest or rent, within 72 hours of the expiration of this contract, after verification of the state of conservation and operation of THE VEHICLE, as long as SAN JOSÉ has no observations. In the event of any loss, damage or injury caused to THE VEHICLE, other vehicles or property of third parties, as well as any personal or material damage that occurs during the use of THE VEHICLE, THE LESSEE expressly authorizes SAN JOSÉ, with the signing of this contract, to extend, execute and collect at its sole discretion, the guarantee granted either in cash or by credit or debit card, in order to cover the performance of all obligations assumed by THE LESSEE, and any damage that may occur.To this end, THE LESSEE expressly authorises the LESSOR to photocopy and/or scan its credit card in order to collect the damages caused, both to the vehicle and to third parties, as well as any traffic fines imposed on it. THE LESSEE may not cancel or ignore the authorization of extension of the guarantee granted by credit card, for which expressly renounces to bring any claim, demand or complaint that aims at that purpose. The parties agree that the security deposit referred to in the previous paragraph may be used to cover the payment of rent, if THE LESSEE has not made the corresponding payment, and may also use it to cover any damage or injury caused to THE VEHICLE, or to third parties. Without prejudice to the foregoing, in order to ensure compliance with all obligations assumed by THE LESSEE, SAN JOSÉ may require that it issue a blank bill of exchange, which will be returned to THE LESSEE, at the time of delivery of THE VEHICLE to SAN JOSÉ. In the event of a claim, accident or similar, THE LESSEE authorizes SAN JOSÉ to complete the aforementioned value title, according to the amount corresponding to the damages caused by THE LESSEE to THE VEHICLE, or to third parties.
22.- The parties agree that all expenses and taxes arising from the conclusion and execution of this contract shall be borne by the LESSEE, except for the taxes indicated by law to be borne by SAN JOSE, in its capacity as LESSOR.
23.- For the purposes of any dispute arising from the conclusion or execution of this contract, the parties submit to the territorial jurisdiction of the judges and courts of the province of Piura, expressly waiving their own jurisdiction. Likewise, for the validity of all communications and notifications to the parties, on the occasion of the execution of this contract, both indicate as their addresses those indicated in the obverse of this document. The change of address of either party shall take effect from the date on which such change is communicated to the other party by any written means.
24.- Where not provided for by the parties in this contract, both are subject to the rules of the Civil Code and other applicable legal system.
25.- THE LESSEE, by signing this contract which he has read and accepts in the terms and conditions agreed in this document and its annexes. You also authorize SAN JOSÉ to charge the credit and/or debit card(s) that you have provided to SAN JOSÉ, all amounts owed under this contract for advance deposits, authorizations / deposits, increments and any other amount that you owe, as well as payments refused by third parties to whom the invoice has been addressed.
26.- The LESSEE also authorizes SAN JOSÉ to make any charge to my(s) card(s) that has not been paid for any reason.
27.- THE LESSEE declares that the license or licenses submitted are valid today and have not been suspended, revoked or cancelled, nor have they expired or been assigned.