GOLDCAR SPAIN S.L. (hereinafter called Goldcar), domiciled at Camino del Campet s/n. (Ctra. Valencia N-332, Km 115) 03550 San Juan de Alicante, Spain, with e-mail at firstname.lastname@example.org and holder of tax identification number B 03403169, registered in the Companies Register of Alicante, page A20027, folio 181, volume 1571, General, companies book 0, entry 4 on 08-07-1997, is the company that owns this web portal, whose use is regulated by this document.
Goldcar, has the corresponding administrative authorisation as per the Land Transport Act 16/1987, of 30 July, and Royal Decree 1211/1990, of 28 September (authorisation number 10045228-2), which authorises the company to provide services for the hire of vehicles without chauffeur.
The use of this portal attributes the condition of User, which implies acceptance of these terms and conditions in the version published at the time when the User accesses the portal. Accordingly, Goldcar recommends that Users should read these terms and conditions carefully each time they access the web portal.
Access to certain services may be subject to certain particular terms and conditions which, depending on each case, replace, complete and/or modify this legal notice. Therefore, before accessing and/or using the said services, the user should also carefully read the corresponding particular terms and conditions.
Access and security
In general, users can access this web portal freely without charge. Notwithstanding the foregoing, for the use of certain services, clients can use their ID number and benefit from certain privileges, which shall be explained in the corresponding services.
The use of the ID number and password is personal and non-transferable and transfer to third parties, including temporary transfer, is prohibited. Accordingly, users undertake to make diligent use of and maintain secrecy over the said numbers and passwords, assuming all liability for the consequences of their diffusion to third parties.
Should users know or suspect that their ID numbers and/or passwords are being used by third parties, they should report the said circumstance to Goldcar as soon as possible.
Intellectual and industrial copyright
All the intellectual and industrial copyright corresponding to this web portal belongs to Goldcar or to third parties whose rights are recognized by Goldcar.
The reproduction, copying, publication, distribution, transformation or modification of the elements on the website are strictly prohibited, as is the violation of whatsoever other right protected by the intellectual and industrial copyright act, unless authorisation has been obtained from the owner of the corresponding rights or it is allowed by law.
The infraction of whichsoever of the aforementioned rights may constitute a violation of these provisions, as well as a crime punished in accordance with articles 270 and following of the Criminal Code.
Uses undertake to use this website in accordance with this legal notice and not to carry out activities that are illegal, immoral or that contravene public order.
In particular, they undertake to refrain from the following:
Goldcar hereby reserves the right to cancel the user's reservations or deny access to the web portal, without prior notice, should any of the above activities be carried out and to exercise legal action as it considers appropriate.
- Transmitting, diffusing or placing at the disposal of third parties information that is denigrating, obscene, defamatory or in whatsoever other way illegal.
- Using this web portal in such a way that it causes or can cause a violation of the rights owned by third parties.
- Making reservations that are unauthorised, false or fraudulent.
- Using whatsoever software or tool to interfere or try to interfere electronically or manually with the operation or functionality of the website, including, but not limited to, uploading or making accessible by whatsoever means files containing viruses or damaging files.
- Modifying, altering or interfering with any of the elements of this web portal.
- Carrying out whatsoever action representing a disproportionate or unreasonable load on the web portal or related infrastructure.
- Obtaining or trying to obtain unauthorised access by whatsoever means to any of Goldcar’s networks.
Changes to the web portal
At any time and without notice, Goldcar may carry out improvements or changes to the information, services, products and other elements on the website, including this legal notice.
At any time and without notice, Goldcar hereby reserves the right to interrupt access to its web portal, as well as the provision of any or all of the services provided hereby, either due to technical reasons or reasons to do with security, control or maintenance, power cuts or whatsoever other reason. The said interruption may be temporary or permanent.
Consequently, Goldcar does not guarantee the reliability, availability or continuity of its web portal and the use thereof by Users shall be on their own account and at their own risk, where no liability of this kind may be required of Goldcar at any time.
Links to other websites
Goldcar hereby declines responsibility for the information contained on third-party websites that can be accessed by means of links or search engines on this website, since their function is to inform users of the existence of other sources of information about Internet material which may extend the information given on this website. Under no circumstances should the said links be understood as suggestions, invitations or recommendations regarding the websites. Accordingly, Goldcar hereby declines responsibility for the result obtained from the said hypertext links.
Limitation of liability
Under no circumstances shall Goldcar be held liable for interruptions to the service, delays, errors, malfunctioning and, in general, other inconveniences beyond Goldcar’s control and/or due to fraudulent or culpable actions by users and/or caused by force majeure. Without prejudice to the provisions laid down in article 1105 of the Civil Code, for the intents and purposes of these general terms and conditions, the concept of force majeure shall include all the events occurring beyond the control of Goldcar, such as the following: faults by third parties, operators or services companies, acts of government, lack of access to third-party networks, acts or negligence by public authorities, other acts occurring as a result of natural phenomena, power cuts, etc. and attacks from hackers or third parties specialising in the security or integrity of computer systems, as long as Goldcar has adopted all the existing security measures in accordance with the state of the art. In whatsoever case, whatever the cause and insofar as it is allowed by applicable legislation, Goldcar hereby declines whatsoever responsibility resulting from direct or indirect damages, general damages and/or lucrum cessans. Goldcar shall have the right to temporarily suspend this website to carry out maintenance operations, improvements or repair work, where users shall not have the right to whatsoever indemnification.
Goldcar hereby declines responsibility for the use made of this web portal and whatsoever element included herein by users as an infraction of industrial or intellectual copyright or whatsoever other right corresponding to third parties.
Goldcar hereby declines responsibility for the damages that may be caused to users' equipment by possible computer viruses picked up by users while browsing this web portal or for whatsoever other damage resulting from the said browsing.
Exemption of guarantees
Goldcar hereby declines responsibility for the truthfulness, exactness and quality of this web portal, its services, information and materials. The said services, information and materials are presented "as is" and "are accessible" without guarantees of whatsoever kind. Consequently, before carrying out whatsoever action based on the information contained on this website, users should verify the said information by contacting the corresponding Goldcar office.
Users shall respond for the damages of whatsoever kind caused to Goldcar as a result of the breach of whichsoever of the obligations to which they are bound by virtue of this legal notice or by virtue of whichsoever applicable terms and conditions.
Users hereby recognize and expressly agree that this legal notice constitutes all the agreements by and between users and Goldcar, whether verbal or written, in relation to the purpose hereof. This legal notice replaces and substitutes whatsoever proposals, correspondence, commitments or other prior communications, whether verbal or written, by and between users and Goldcar in relation to the legal notice.
For whatsoever legal matter or matter regarding Goldcar’s website, Spanish legislation shall apply, where the competence for solving all the conflicts arising from or related to the use of this web portal shall correspond to the courts and tribunals of Alicante (Spain).
The company Goldcar Fleetco, S.A. is the owner of almost all of the vehicles rented by Goldcar Spain, SLU to its customers, and has set up a pledge on its vehicles for the benefit of the creditors under a financing agreement called 'Asset Backed Financing Facility Agreement' and its successors and assigns. For the purposes of said pledge, Goldcar Spain, S.L.U., has been designated as third party holder in accordance with article 1863 of the Civil Code. Consequently, any return of a vehicle by a customer of Goldcar Spain, S.L.U. it must be obligatorily executed in favor of Goldcar Spain, S.L.U., in its capacity as third-party owner or, as the case may be, to any other entity that replaces it in such condition, and in no case to Goldcar Fleetco, S.L.U.