The following clauses and conditions are expressly stipulated:
Hereinafter TOMOTO S.R.L. as the owner and the person or company that signs the rental agreement onwards as the client.
1. The customer receives the vehicle in perfect general condition, both mechanical and exterior bodywork, glass, headlights, and interior of the passenger compartment with its five wheels able to circulate and with the original equipment and regulatory accessories in perfect working order.
2. If it is necessary to use the towing service, the cost of the transfer to the city of San Carlos de Bariloche of that vehicle located less than 150 km will only be borne by the rental company. Of the same.
3. The vehicle will be used exclusively for the transport of people, non-profit and within its capacity, without subjecting it to excesses of any kind.
4. The vehicle can only be driven by the customer or by the additional authorized driver, if he has hired him. The client states that the persons authorized to drive the vehicle are psychophysically fit to drive automobiles and have valid driver’s licenses.
5. It is expressly stipulated that the customer must return the vehicle within the term indicated in the contract without any prior notice and in the conditions of use, condition and operation that received it and at the time, date and place listed in the contract that I sign, with a tolerance of 1 hour. Without prejudice to the foregoing, the authorities are authorized to seize the vehicle to check the circulation thereof after the deadline.
6. It is expressly stipulated that in the event that the customer the vehicle expired the term of the contract, he must pay the current rate for the full period in excess without prejudice of which and at the discretion of the owner this will be entitled to obtain the refund of the vehicle up to your place of deposit at the customer’s expense.
7. It is expressly stipulated that the customer must return the car immediately to check that:
A. The information provided by the client in the contract is incorrect and / or false.
B. The securities delivered as payment can not be made effective for reasons beyond the control of the owner.
C. When the means of payment by credit card, the issuer is totally or partially refunded to make such payment.
D. That the vehicle suffers any loss whatever its type or its extension.
E. That the client does not comply with any of the clauses of this contract.
8. It is expressly stipulated that the customer will return the car immediately if the owner makes use of the preceding clause without the right to any claim, assuming the expenses of said restitution.
9. It is expressly stipulated that the client will pay the owner the following expenses that are incurred as a result of damage and / or damage suffered by the vehicle regardless of its origin and / or extension, which are not the product of the wear and tear of the used car according to the manufacturer’s rules. The type of fuel and / or lubricants that must be added will be those stipulated by the vehicle manufacturer.
10. Unilateral rescission – responsibility: in all cases in which the client decides to return the vehicle before the stipulated date, it will be considered that there is a unilateral termination of this contract. This unilateral rescission will be under the exclusive responsibility of the client who can not claim from the reimbursement or cash compensation for any days not used, with the retainer retaining all the sums paid by the client in the nature of compensation, leaving the same immediately the rentadora to freely dispose of the vehicle.
11. It is expressly stipulated that the client will pay the owner or his insurance company all the expenses that accrue as a result of:
A. Damage caused with or by the vehicle, whatever its origin and / or extension.
B. Damage caused to persons transported and / or to third parties, whatever their origin and / or extension.
C. Fines for sanctions and / or violations committed and / or impute having committed against legal provisions during the use of the car.
D. Damages produced in the automobile as a result of any type of fault or negligence.
E. The theft or theft of the vehicle is partial or total.
12. It is expressly stipulated that the client will pay the owner the costs of repair, replacement and placement of the accessories and / or any other element that is necessary in order to return the vehicle in the same conditions in which it is received.
13. It is expressly stipulated that the client will obtain:
A. Give the car a different use than authorized. The passenger will be responsible for the damages caused to the vehicles plus the lost profit of the days that demand the repair.
B. Transport dangerous packages or loads.
C. Using the vehicle in a dangerous or illicit manner, such as driving while intoxicated or under the influence of pain killers or narcotics.
D. Make trailers of any kind.
E. Driving the vehicle outside the territory of the Argentine Republic without express authorization to the owner.
F. Participate with the vehicle in automobile contests of any kind.
G. Drive the vehicle off the roads declared fit or qualified for normal traffic by the competent authorities.
H. Transfer the right to use, transfer or in any way alter it.
I. Give the driving of the car to an unauthorized person in the contract with the owner. The violation of this clause will entitle the owner to rescind the document plus damages.
14. In the event of a loss, regardless of its origin and / or extension, the customer must notify it irrefutably within 24 (twenty four) hours of production to the owner and the competent authorities. All this under warning of what would have been by right in case of breach.
15. In case of accident of the vehicle and for the purpose of quoting the value of the repair of the damages produced and the loss of profit, the vehicle will be evacuated only and exclusively by the specialists indicated by the car rental company, no other type of quotation is admissible .
16. Any damage to the vehicle odometer safety system (mileage marker) will make the customer responsible for the payment to the car rental company of a fee equivalent to 500 (five hundred) kilometers. For each day of hire contracted, without prejudice to the legal actions that could correspond for the crime of fraud or the corresponding legal type.
17. The owner reserves the right to ask the customer for a deposit guarantee of faithful compliance with the contract. The sums necessary to comply with the preceding clauses will be deducted from said guarantee. In the event that such guarantee is insufficient, the difference must be paid within 24 (twenty-four) hours of receipt of the settlement, without the need for any kind of interpellation. Noncompliance entitles the owner to proceed with the immediate execution of the debt as provided in clause 16 (sixteenth).
18. The vehicle is insured against all risks with a franchise that appears in the rental agreement, the amount to which the customer responds in case of damage to the vehicle, this insurance does not cover damage, damage or mechanical breakdowns occurred due to lack of skill, fault or negligence of the customer or authorized to drive.
19. The vehicle is delivered to the customer with all the documentation enabling and necessary for circulation. In case of loss or loss of the same, the client must pay the rental company all the administrative and management costs that its replacement requires.
20. The owner will not have any responsibility related to objects of any nature located or left in the vehicle.
21. It is expressly stipulated that in this document it has the nature of an executive title in accordance with the provisions of article 523 inc. 2º of the code of civil and commercial procedure of the Nation, the client expressly waives to oppose the inability of the title based on the existence of the liquid debt or on the difficulty of liquidating the amounts owed, which will result from the amounts consigned in the present and / or on the invoice.
22. It is expressly stipulated that for any dispute that may arise as a result of this document, the issues will be resolved by the ordinary courts of the city of San Carlos de Bariloche, province of Rio Negro, with the express resignation of any other jurisdiction that could correspond. All communications addressed to the addresses indicated in this document will be considered valid.
