FIRST: – THE LESSOR gives a lease to the LESSEE whose name appears in appendix “A ‘of this document marked with the number 2 and said LESSEE receives the vehicle object of this Contract in perfect mechanical and body condition. With the mileage count stamped and in normal conditions of use with its complete accessories, the leased vehicle being described in section number 7 of appendix “A” of this document, the LESSEE received the reference vehicle except for hidden defects to its satisfaction and is obliged to pay the LESSOR at the end of the contract and at market price for the missing accessory parts of the vehicle that they receive at the time of delivery.
SECOND: – The forced termination of this Leasing Agreement is indicated in section number 4 of appendix “A” of this document and will never be considered extended by the LESSOR without the will of the same appearing constant in this regard, in a Annotation that she makes for this purpose in the copy in the possession of the LESSEE of this contract. In the event that the LESSEE intends to terminate this contract on a date prior to the date that corresponds to the expiration of the forced term agreed in this clause, it must give notice to the LESSOR, who, taking into account justified causes that prevent the LESSEE from using the car under the terms of the contract, will decide in each case taking into consideration the reasons adduced by the LESSEE, if this contract is effectively terminated prior to its expiration or only until the expiration date. date.
THIRD: – The LESSEE will pay as the cash lease price precisely Jan! place where this contract was concluded.
The rent will run from the moment this document is signed, by virtue of the LESSEE being, from that moment in full possession of the car and until the date it receives it, to her entire satisfaction, the LESSEE.
FOURTH: – The LESSOR undertakes to deliver the leased vehicle precisely on the agreed date and at the LESSOR’s office on which the return was agreed, this information appearing in sections 4 and 12 of appendix “A” of this contract. If the vehicle is not returned to the place indicated in this contract, the LESSEE must obtain, prior to that return, the authorization of the LESSOR and, in any case, pay the mileage between the place where the vehicle has been physically left and the place agreed for the return, plus the account that corresponds to the normal time of transfer from the place where the LESSEE has left the vehicle to the office where it should have been delivered, in accordance with this contract, applying, in any case, the rates indicated for time and distance in this document, increased by 50% which will correspond to the cost borne by the LESSEE of transferring the vehicle to its place of origin, establishing that di This increase will only be applied in the case referred to here.
FIFTH · – the LESSEE undertakes to deliver the leased vehicle of this contract, precisely on the date agreed and indicated in section number 4 on the front of this document and in the stipulated place, as has been established. In the event that the vehicle is not delivered at the end of this contract, the LESSOR may exercise the rights that exist in her favor, derived from the illegal possession of the vehicle.
SIXTH: – The lack of punctual delivery of the vehicle. Leased, obliges the LESSEE to pay a conventional penalty of 20% on the normal rate of time and distance until the return of the vehicle, to the satisfaction of the LESSOR, an amount that will be paid regardless of the sums that the LESSEE must cover. of the rental of the vehicle in question and of the other benefits in your charge that are indicated in this contract.
Failure to return the vehicle by the LESSEE will not be attributable to it when it is due to unforeseeable circumstances or force.
SEVENTH: – In the event that the lessor had to exercise any right, judicially, to obtain the payment of the benefits owed by the lessee, or to obtain the return of the vehicle when legally the lessor herself may choose to follow the procedure indicated in Articles 443 fraction IV, 449, 451 and 452 of the Code of Civil Procedures for the Federal District, and concordant in the different states, effect of obtaining from the executive route, the payment of the benefits referred to above, or the return of the vehicle or by the procedure that. corresponds against the lessee, in criminal proceedings in the event of retention or improper disposal of the leased vehicle.
EIGHTH: – The LESSEE will deliver to the LESSOR’s offices a cash deposit for the amount indicated in the appendix box “A” of this document marked as a deposit in guarantee of faithful and punctual compliance with each and every one of the clauses. of this contract, THE LESSEE expressly empowers the LESSOR to dispose of it in full or. partially of the aforementioned deposit to collect the stipulated benefits, including the conventional penalty agreed in the sixth clause, the replacement of missing items and the repair of damages, in the understanding that if the deposit is insufficient to cover the sums owed to <the THE LESSOR may claim the personal payment in court. The promissory note signed in the appendix “p; ‘ and that contains the reference that is derived from this contract, is to guarantee the return of the car, the proper use of the vehicle, compliance with traffic laws, the stipulations of this document and the conditions that may be indicated by the safe.
NINTH: – In the absence of a specific conventional penalty, the LESSEE will pay for the breach of its obligations corresponding moratorium interest that in no case will be higher than that provided in article 23 of the Federal Consumer Protection Law in relation to article 24 of the same order.
TENTH: – Sub-leasing of the vehicle that is the object of this contract is expressly prohibited. Violation of this provision obliges the LESSEE to pay the LESSOR a conventional penalty corresponding to 30% of the amount that the LESSEE herself must cover in accordance with the rates applicable in this case, regardless of whether the LESSEE will be liable for the other benefits to that it has been bound according to this contract and that the LESSOR may in such case immediately terminate the contract, with all the legal consequences derived from it.
ELEVENTH: – The leased vehicle will be used solely and exclusively for the transport of the LESSEE and her companions and said vehicle may only be driven by the LESSEE or under the absolute responsibility of the LESSEE, by the driver or drivers indicated by her and authorized by the LESSOR and that they must indicate in this same contract, obliging themselves to prevent another person from using the leased vehicle.
TWELFTH: – The rented vehicle may not leave the limits of the territory of the Mexican Republic without prior consent that, in writing, must be granted by THE LEASING.
THIRTEENTH: – They are obligations of the LESSEE and, where appropriate, of the drivers authorized by the LESSOR.
1.- In any case, drive the vehicle under the respective license, granted by legal means and by the competent authorities.
2.- Do not drive the vehicle while intoxicated or under the influence of drugs.
3.- Do not use the vehicle for profit.
4.- Do not sublet the vehicle.
5.- Obey the Federal State or Local Traffic Regulations.
6.-Do not use the vehicle in relation to its resistance or capacity.
7.- Periodically, reasonably, check the oil levels, the engine, the radiator water and check the air pressure of the vehicle’s tires.
8.- Keep the vehicle locked as long as you stay out of it, safeguarding the vehicle in a closed place and watch when it is left parked.
9.- Not participate with the vehicle, directly and indirectly, in races or safety, endurance or speed tests.
1O.- Do not drive the vehicle, in gaps or unpaved roads, responding, where appropriate, for the damage caused to it.
11.- Do not drive inside the vehicle explosive or flammable materials, drugs or narcotics even in the event that said transport was done within the same legal norms.
12.- Respond for damage to people and things caused by the vehicle while it is in physical or legal possession of the LESSEE.
13.- Respond for damages suffered by the vehicle while it is in physical or legal possession of the LESSEE.
14.- Respond for damages suffered by the people who travel inside the leased vehicle during the time that they are in physical or legal possession of the LESSEE.
15.- Payment of penalties imposed for traffic violation or any other regulation.
16.- Respond to all lawful acts and events carried out with or within the vehicle.
17.- In general, do not use the vehicle in a different way or for purposes other than those stipulated in this contract.
FOURTEENTH: – The violation or infringement in any case, of the stipulations contained in this contract, empowers the LESSOR to rescind. In carrying out any of said violations, the LESSOR is expressly empowered by the LESSEE to collect, after verification of the aforementioned violations before the competent authority, the rented car in the place where it is located.
FIFTEENTH: – Regardless of the responsibility that corresponds to you as a driver for damages to people or things caused by the car, the LESSEE will be liable for damages suffered by the same vehicle while it is in its physical and / or judicial power, being also responsible for fines that are caused by accidents, as well as for damages caused to people traveling in the leased vehicle, in addition to the amount of the rent during the term of this contract, the vehicle does not remain at the disposal of LESSOR A, regarding the competent authorities that must know them, being stipulated that the delay in the notice of attributable reference, to the LESSEE will create responsibilities in her charge, in what refers above all, to the lack of partial or total recovery that the LESSOR has the right, with in relation to the amount corresponding to the aforementioned damages.
SIXTEENTH: – The responsibility of the LESSEE, for causes attributable to it, regardless of what is stipulated in the previous clause, in the event of total theft, is set at the amount that is marked, with respect to the leased vehicle, as the value of sale in the publication called ABC Guide (whose data are formed as a basis by the authorized insurance companies). to the date of the claim, which will be the equivalent to the value of the vehicle and in case of rollovers and collisions, the amount that the verified evaluation yields by a duly accredited specialized workshop, and in any case they must be similar. These values, as has been indicated, to which, in general, the insurance companies duly authorized by the Ministry of Finance and Public Credit apply. in their respective damage operations. In the event that the LESSEE is liable for damage to people or things. Damages to the leased vehicle itself and damages suffered by people traveling within it, as well as total theft of the vehicle, with the provisions of subsections 14, 15 and 16 of the Thirteenth Clause being applicable, the LESSEE may avoid that responsibility.
SEVENTEENTH.- in case of theft, the LESSEE is responsible for giving notice to the LESSOR within a maximum of 8 hours, after having known the aforementioned theft, having the obligation to notify the authorities by complying with the formalities of the case, such as recording of minutes, evidence of facts, etc. Taking responsibility in any case, for the abandonment of the vehicle or for the consequences derived from the lack of timely notice. In this case and in the one indicated in the previous clause, when the LESSEE has acted in good faith and in compliance with the contract, the validity of the same will be suspended until the LESSOR, if possible, provides another vehicle, if the use of which was the reason for this contract, it becomes impossible or being terminated, in case of impossibility of immediate replacement of the vehicle.
In the event that the loss or theft referred to here derives from negligence, carelessness, bad faith or breach of the obligations of this contract, on the part of the LESSEE, it must cover the LESSOR, as a conventional penalty, the amount of 30 days of Lease of the reference vehicle, having, where appropriate, take into account the provisions of Clause Sixteen, when the protection fee is covered in said clause.
EIGHTEENTH.- The LESSOR is not responsible for personal belongings forgotten by the LESSEE inside the vehicle or in its offices, nor is it responsible for the damage or demerit that they may suffer when being transported within the same vehicle.
NINETEENTH.- As the number of kilometers on which the payment of the car rental must be computed, will be determined by reading the mileage recording device (odometer) installed in the vehicle at the factory, it is stipulated that yes, during the term of the lease, if there is any damage or the breakage of the protective seals of said mileage recorder due to the fault of the LESSEE, the parties agree that the fee corresponding to the rent per kilometer due to the fault of calculating an average use of 1,000 kilometers per day, during the term in which the vehicle is at the disposal of the LESSEE. This stipulation will not be applicable in the event that the lessee immediately reports the aforementioned mileage recorder (odometer).
TWENTIETH.- If, based on any violation on the part of the LESSEE, the LESSOR terminates the contract, she may pick up the vehicle from the place where it is located. No need for any requirement. Notwithstanding that the LESSEE in his case deducts the legal actions that protect him.
TWENTY-FIRST.- If a mechanical or electrical damage occurs to the car, the LESSEE, to receive instructions that will be in the following order:
- Replacement of the car in the place of damage.
- Assistance from a LESSOR mechanic and / or.
- Authorization to place the car in a specific workshop for repair, reimbursement only in this case of the cost derived from repairing the damage.
The LESSOR is responsible for the vices or defects of the vehicle that prevent the use of the same and that have occurred in the course of the lease without fault of the LESSEE, the LESSOR being responsible, likewise, the LESSOR for the expenses, duly verified, that originate from direct cause of the impediment of the use of the vehicle.
TWENTY-SECOND .- To guarantee full payment of the amount of the benefits stipulated in this contract, the LESSEE will sign the promissory note that is inserted at the bottom of this document. Likewise, its guarantor will sign as guarantor, who agrees to be bound by the payment of each and every one of the obligations contracted by the LESSEE, renouncing the benefits of order and excursion provided in Articles 2814, 2845 of the Civil Code for the D.F. and other relative provisions that favor. It is recognized by the parties that the aforementioned promissory note may not be negotiable, until such time that, in accordance with the conditions of this contract, said title is enforceable.
TWENTY THIRD. – The LESSEE must cover, in any case, the total amount that this lease contract yields at the time of delivery of the leased vehicle, since, in the case of late payment, it will cover, from the date on which it must make the settlement of the aforementioned amount, in accordance with the terms of this document, calculated monthly interest that will not be higher than the base of the average percentage cost set in Banco de México. (In accordance with the provisions of Article 23 of the Federal Consumer Protection Law).
TWENTY FOUR: – For the purposes of this contract, the address of the LESSOR is J Pimentel Green Mza 14 Lote 3, C.P. 23420 San José del Cabo, B.C.S., and as the address of the ARRENDATAR IA, the one indicated in section number 2 on the front of this document.
TWENTY-FIFTH: – For everything related to the interpretation of compliance with this contract · the parties submit to the jurisdiction of the Federal Consumer Prosecutor’s Office and the common courts ·, competent in both cases in relation to the address of the LESSOR.