GENERAL CONDITIONS

 

Any vehicle that appears in this web platform are subject to the present General Conditions. Any legal person or company to intervene in any auction of this platform knows and accepts the present General Conditions.

 

These General Conditions are accessible in the web platform and are those which bind the parties in resolving potential claims. The fact of accessing the platform and making use of the site means that you accept these General Terms and Conditions.

 

 

1.        General considerations of the Hertz platform

Hertz Spain S.L. (HS) has as its main activity the rental of vehicles. All vehicles that are found in the platform are the property of HS.

1. All prices shown on the platform are NET.

2. HS presents each vehicle free of charge, except for those that are referred expressly. In any case, if the vehicle has 2 or less years and you or your company is a domestic customer, you must bear in mind that depending on the CO2 emissions of the vehicle you must pay the corresponding registration tax, in accordance with the following table:

 

CO2

Registration Tax %

0-119

0%

120-159

4.75%

160-199

9.75%

200+

14.75%

 

In addition, the vehicles are subject to the current VAT in the general regime.

3. Companies that are also dedicated to the rental of vehicles do not have to pay the registration tax, if this applicable. You are subject to VAT.

4. Foreign legal persons or companies shall not be obliged to pay the registration tax and will be billed net amounts (without VAT).

5. The data provided for each vehicle are correct. In case of impropriety, HS may pay or collect the possible differences found in the event that a vehicle has been sold, or replaced by another of similar characteristics, if it is possible to do so. And always in agreement with the customer.

 

HS has agreed to provide access to the platform to its customers because it assumes that the customer is interested in the information provided in the web platform, as well as in biding, in good faith, to acquire one or more vehicles.

 

All clients have access to complete information of the vehicles in the web platform. Therefore, no claims can be asserted of any kind or nature of any vehicle that is awarded in an auction, unless there are significant differences between the information provided of the vehicle and the reality of the vehicle, provided that the client demonstrates this circumstance.

 

 

 

2.         Normal Sales Process

 

HS has a series of vehicles for sale, which varies depending on the time of the year and the accomplished sales. Either by telephone, e-mail or in an electronic auction in the platform of HS, when an agreement is reached between your manager/commercial and you (or your company); or if bidding in an auction it reaches the reserve price of the vehicle, this means the vehicle (or vehicles) has/have been sold. You will receive from your manager/commercial a sales agreement for the purchased vehicle (or vehicles), which has to be paid within 7 days. Once you have paid for the vehicle (or vehicles), and HS has verified the payment, you will be notified that you can remove the vehicle (or vehicles) from the corresponding compounds, either personally or through a transport company.

 

At the same time, the invoice will be prepared, and the deregistration process will begin in Tráfico (Spanish organism that does this). You will receive an e-mail with the invoice ; as well as by ordinary post the vehicle’s documentation.

 

       

3.         Invoice

 

Vehicles that are displayed in the web page and that are not within an auction, are vehicles that are for sale by HS. In order to be able to negotiate and finally buy them, you should talk with your manager/commercial. If you finally reach an agreement with your manager/commercial for a certain amount of vehicles, at an established price, you will receive a sales agreement, which should be paid for within the following 7 days. Only when you have paid for the vehicle (or vehicles) the purchase is considered as closed. If, once the 7 days have passed and you have not paid for the vehicle (or vehicles), it will be understood that you are not interested in the vehicle/s. Therefore, the vehicle/s will be at disposal of HS, and neither claim nor compensation will be accepted.

 

Vehicles that appear in any type auction shall be considered sold when it reaches the reserve price or higher. No claims can be asserted and these vehicles will be billed, as if they had been negotiated with your manager/commercial. For the fixed price auctions, a bid means that you purchase the vehicle, as it is sold at its reserve price. And the normal sale process begins. For the rest of auctions, you can bid for any vehicle of your interest, and two things can happen if you are the client who has the last bid in our system:

  1. That the vehicle has reached the reserve price or higher, and therefore you have purchased the vehicle. The normal sales process begins.
  2. That the vehicle does not reach the reserve price, and therefore, it is a provisional sale. Your manager/commercial will call you to negotiate the possible sale of the vehicle. If you reach an agreement, you acquire the vehicle; otherwise, the process is completed and the vehicle is at the disposal of HS to be sold in any sales channel of its election.

 

In any case, if you negotiate and accept an offer with your manager/to commercial and you receive a sales agreement, or if you bid in an auction, and the vehicle is awarded because it has reached the reserve price or higher, you must pay the sales agreement corresponding to that purchase. If you do not pay within 7 days, in addition to losing the purchase of the vehicles, you will not be able to claim for any compensation, and yo will be denied access to the web page.

 

  

4.       Vehicles in the platform

You have the following documents for every vehicle that appears in the platform:

  1. Permiso de circulación, (driving permit of the vehicle)
  2. Tarjeta de inspección técnica (technical card of the vehicle)
  3. Lastest paid receipt of the Circulation tax (if applicable)
  4. Two sets of keys, exceptionally only one will be available.

 

In case of a lack of any of these items or any kind of incident, this will be reflected in the details of the vehicle.

 

Once HS has verified the payment of any sold vehicle/s that you have purchased, HS is committed to deliver all the necessary documentation of the vehicle with the greatest diligence, once carried out the necessary paperwork to deregister the vehicle/s. In addition, the customer will receive a pick-up document so he/she can take the purchased vehicles as soon as possible.

  

5.        Reserve Price

Every vehicle that appears in the web platform is available to be purchased, and its reserve price is not necessarily visible, which is the price at which HS is willing to sell the vehicle. Only in the case of a fixed price auction this reserve price is indicated. For the rest of auctions, the price that appears is the price of the last bid made, which a customer is willing to pay for the vehicle (which can be a provisional price, does not mean that the vehicle is awarded, or a reserve price). If a bid for a vehicle reaches the reserve price, the system will say so and therefore the customer that places the last bid will purchase the vehicle.

 

 

6.        Telesale

In this section you will see all the available vehicles HS want to sell. In order to be able to negotiate for them, you should contact your manager/commercial. You will negotiate with him/her the amount of vehicles to purchase, with its corresponding prices.

 

The vehicles that appear in this section do not display a reserve price; the agreed selling price will vary depending on the amount of vehicles and the state of them.

 

  

7.        Fixed Price Auction

In a Fixed Price auction, the vehicles can be purchased at any time at the price that it appears on the web page. If you decide to buy a vehicle, the vehicle will disappear from the web page and you will receive by e-mail the sales agreement, so that you can pay as soon as possible, within 7 days.

The system works in real time, therefore, the first person to bid for the vehicle will purchase the vehicle. No claims can be asserted or compensation given in this auction if you haven’t purchased a vehicle; as the first to bid is the first to purchase the vehicle.

 

8.        Auction by bids

In an auction by bids, the vehicles that appear have an initial starting value that is lower than the Reserve Price. The events of this kind of auction are as follows, once we are viewing one of the offered vehicles,

  • All vehicles have a starting price, which is the price, if you are interested, you can bid for.
  • The system increases the successive bids automatically by 100 €. Having said this, the system allows you to bid for higher prices, expressed in whole hundreds (for example, 7.600 € and not 7.620 €). The system shows the message “100 € increase of a bid will be applied”, please bear this in mind, if you do not bid by a whole hundred.
  • The system allows you to place lower bids than the one shown in each momento, but it does not take them into consideration, as only higher bids to the latest one will be considered by the system. If your bid is lower, the following text will appear “The amount is lower than the current price. Please, introduce a higher amount”.
  • When you place a bid, which requires TWO CLICKS (and you then have to click a third time to the “ok” button), the system will show you, because you have placed the latest bid, that you are winning. You will read a green text that says “Winning”. If, later, another client makes a bid, this client will be the potential buyer of the vehicle, and the system will show you a text in red “Outbid”. To opt to buy the vehicle, you should bid again for the vehicle.
  • If you want the system to bid for you, up to a determined amount, you should introduce the maximum amount for which you want to bid for, and press the button that says “Bid for me up to this amount”. This way, if another buyer bids and exceeds your bid, the system will automatically bid again for you, beyond the previous bid (always in whole hundreds). This will keep on happening while other buyers exceed your latest bid, and up to the maximum amount you introduced. Once exceeded your maximum bid by another buyer, you can carry on bidding for the vehicle, either by the amount shown by the system, or by a higher one, or by establishing a new automatic bid.

 

 

  • Once the established period for the auction by bids finishes, and only for those vehicles that have received at least one bid during the auction, a new and last phase opens of the auction called X-bid. In this X-bid phase, each vehicle will be shown with a regressive time counter (for example, from 30 to 0 seconds). It is the last chance for all buyers interested in the vehicle to bid for it. Each time a buyer bids for the vehicle, the counter restarts again. If the counter reaches 0, the vehicle disappears and it will be under a provisional price or sold to the last client that bided for the vehicle.
  • Either during the normal auction or during the X-bid phase, whenever you bid for a vehicle, there are 3 possible comments according to the status of your bid. “Winning” (in green), when the price is provisional and you have the latest bid. “Outbid” (in red), when another client has the latest bid. You can carry on bidding even when you reach the reserve price.
  •  During the X-bid phase, if you have the latest bid, and it has reached the reserve price, the system will show “Reserve achieved” (in green). If the X-bid finishes and you have the latest bid, you have purchased the vehicle. You can carry on biding even if the vehicle has reached the reserve price.
  • Attention, even if it says “Reserve achieved”, another client can bid (during the X-Bid phase), and therefore, and therefore, your status will change if another buyer bids, and it will show “Outbid” in red. No claims will be accepted and no compensation will be awarded if you are not the latest client to bid.
  • Any client that has established an automatic bid during the auction, will carry on having this automatic bid during the X-bid phase.
  • Once the auction has finished, included the X-bid, two things can happen with those vehicles that have received at least one bid. The first situation is that the vehicle reaches a lower price than the reserve price (reserve price = selling price), which is called provisional. You will receive a phone call from your manager/commercial to negotiate the possible purchase of the vehicle. The second situation is that the vehicle has reached the reserve price or a higher price, and therefore the vehicle is sold to the latest client that bided. This client will receive the sales agreement so that he pays the vehicle as soon as possible within the following 7 days.
  • The consecuence of not paying a sales agreement of a purchased vehicle/s (within the 7 days) is that you lose the option of buying that/those vehicle/s; the denial to be able to buy again at Hertz Spain, and the impossibility to enter into the web page
  • Any vehicle that does not receive a bid during the auction, will be at free disposal of Hertz Spain, who can then auction it again or sell it through another sales channel.

 

 

 

9.        Vehicles in auctions

HS will be able to remove a vehicle from an auction, only for a justified cause, with no warning. If the vehicle has a bid by a client when this happens, the client will receive a phone call or an e-mail by HS to explain why this has happened, and HS will try and offer an alternative to the previously offered vehicle, with no commitment by either the client nor HS.

HS will keep in the platform the result of all the auctions, which will allow HS to clarify or solve any possible conflicts that may occur in defence of its interests, in court or outside it.

The client will be able to cancel any purchase made through the web, without detriment of any other rights or actions the client may want to undertakealways and in any case, when the following situations may occur,

·         That HS, by mistake or omission in the details of the vehicle, did not mention a serious mechanical defect referred to the engine, gear box, clutch, brakes, steering wheel, transmission or other relevant elements,

·         That HS, my mistake or omission in the details of the vehicle, did not mention the true real mileage of the vehicle.

·         That HS, my mistake or omission in the details of the vehicle, did not mention the true real age of the vehicle.

The client will notify any of the previous incidences by writing as soon as possible. Once the vehicle has been deregistered in Tráfico (Spanish organism that deals with registrations of vehicles), it won’t be possible to claim for any of the previous points.

 

10.        Conflict Resolution

In case of discrepancy, only the Spanish version of the Terms and Conditions will be considered in order to interpret them.