FIRST. Consent. Through this contract, the lessor agrees to grant the temporary use and enjoyment of the vehicle, for which the lessee must pay a certain and determined price.
SECOND. Object. The material object of this contract is the vehicle that is described in the Annex to this contract, so the characteristics, conditions, spare parts and general documents of the leased vehicle are detailed in the mentioned document.
THIRD. Conditions of the leased vehicle. The lessee accordingly receives the leased vehicle, which is in optimal mechanical and bodywork conditions, which are mentioned in the respective inventory. Agreeing the parties that the vehicle will be delivered with the mileage stamped, the use and enjoyment of the vehicle will be used exclusively for the purpose agreed by the contracting parties. In case the use and enjoyment is intended solely for the transport of the lessee and his companions must be indicated in writing for the proper information of the parties. Likewise, the lessee receives, except for hidden defects, the vehicle to his entire satisfaction, for which he obliges the lessor to pay at the end of the contract, at market prices, the missing accessories and parts of the leased vehicle at the time of the delivery thereof.
FOURTH. Place of delivery and reception of the vehicle. The lessor must deliver the leased vehicle in the place previously agreed between the parties, respecting the delivery on the day and time indicated in the annex to this contract. The lessee, at the end of the validity of this document, must deliver the vehicle, in the same conditions in which he received it except for wear and tear, on the day and at the times indicated for this purpose, obliging himself to deliver the vehicle to the lessor in the place determined by the parties for that purpose.
FIFTH. Lease Term. The validity of this contract will be indicated in the Annex to this document, which may not be extended except with the full consent of both parties expressed in a new lease contract.
SIXTH. Lease price. The lessee, for the temporary use and enjoyment of the leased vehicle, must pay a certain and determined amount in national currency without prejudice to the fact that the parties may agree to pay in foreign currency in accordance with the applicable laws, which is set forth in the Annex to this contract. The lessee undertakes not to demand the collection of any charge that is not considered in this contract.
SEVENTH. Payment modalities. The lessee may pay the rental of the vehicle in cash at the lessor’s address, with a bank card, electronic transfer or any other form of payment agreed upon by the parties. The total price of the lease will be calculated taking into account the cost of daily rental or mileage, as requested by the consumer. The rent will begin to be computed from the moment the lessee is at full disposal of the leased vehicle and until the date the lessor receives it to his full satisfaction.
In the event that the lessee had contracted the lease of the vehicle for kilometers traveled, these will be determined by the reading of the mileage, registered in the device installed at the factory in the vehicle (odometer), stipulating the parts that do, during the term of the lease , if any damage or breakage of the protectors of said system occurs, due to the fault or negligence of the lessee, the rent will be calculated taking into account the rental rate per day that is established in the annex to this contract, during the time in which the vehicle is in the possession of the lessee.
EIGHTH. Guarantee deposit. The lessee undertakes to deliver to the lessor the amount indicated in the annex to this contract as a guarantee deposit for compliance with the main payment obligation. Consequently, the lessor must issue a receipt for said amount stating: the name or company name of the same, date and amount of the deposit, name and signature of the person who receives it. This receipt
Will serve as proof of exchange so that at the end of the contract the lessor delivers the amount deposited within 24 hours after receipt of the vehicle in accordance, otherwise this deposit will be applied to settle the balances if any or to pay the replacements of shortages and the repair of damages, when they have been duly accredited by the lessor, in the understanding that the lessor may demand, judicial or extrajudicially, the payment of an additional amount if the deposit is insufficient to cover the replacement of shortages and the repair of balances.
NINTH. Return of the vehicle. The lessee undertakes to return the leased vehicle at the end of the term of this contract in the same conditions in which it was received, except for wear and tear from normal use of the vehicle during the lease. The parties agree that the delivery of the leased vehicle will take place on the date, place and time determined in the annex to this contract. In the event that the vehicle is not delivered in the terms indicated, the lessee may deliver it later, prior agreement of the parties, paying for this delay the amount of the rent according to the agreed rate for the time it takes to deliver the vehicle in the determined date and time; If the delay in the delivery of the vehicle corresponds to the hour, the lessee will only be obliged to pay the proportional part of the breach.
TENTH. Prohibition to the leased vehicle to leave the Republic. Without the prior written consent of the lessor, the leased vehicle may not leave the limits of the Mexican Republic; In case of non-compliance with the above mentioned, the lessor may terminate this contract, recovering the vehicle in the conditions and state in which it is located, the lessee being responsible for the payment of the corresponding conventional penalty, plus the costs of recovery of the vehicle duly verified by the lessor.
ELEVENTH. Rights and obligations of the parties. The contracting parties recognize as enforceable rights, compliance with all the provisions of this contract, regulating their consent by the observance of the following obligations:
In compliance with this contract, the lessor agrees to:
- Deliver the leased vehicle in optimal conditions of use, considering the necessary fuel
- for this purpose; the day, time and place agreed by the parties.
- Receive the vehicle without any condition of payment for the gasoline limit, in the understanding that the vehicle should under no circumstance be delivered by the lessee with a gasoline level of less than a quarter of a tank.
- To receive the leased vehicle, indicating to the lessee, if applicable, that the vehicle is received to their full satisfaction; Otherwise, you must state in the act of reception the reasons for your proceeding.
- Return to the lessee, within the time stipulated for this purpose, the amount granted as a guarantee deposit.
For the purposes of this contract, the obligations of the lessee are:
- Pay the lessor the agreed rent of the leased vehicle in a timely manner, without payment requirements and under the conditions established in this contract.
- Drive, at all times, the leased vehicle, under the protection of the respective license, granted by the competent authorities; respecting the Traffic Regulations and Laws at the Federal, Local or Municipal level.
- Do not drive the vehicle while intoxicated or under the influence of drugs.
- Do not use the vehicle for profit, or sublet it.
- Do not use the leased vehicle to tow trailers and do not overload it, using it according to its resistance and normal capacity.
- Keep the vehicle in the state you received it, except for normal wear and tear.
- Do not drive inside the vehicle explosive or flammable materials, drugs or narcotics.
- Pay the amount of the penalties that were imposed for violation of the Traffic Regulations, even after the end of the contract, if the violation was originated during the time the leased vehicle was available to the lessee.
- Do not use the vehicle in a different way than agreed.
- Do not sublet the vehicle covered by this contract to third parties without the prior consent of the lessor.
TWELFTH. Vehicle insurance. The lessor undertakes to offer for lease vehicles that are insured with the insurance company that best suits their interests; In the event of an accident, the lessee will be responsible for paying the insurance operating expenses (Deductible) at all times while the vehicle is available. It is the responsibility of the lessor to inform the lessee of the terms and conditions in which the insurance will operate, however during the lease the lessee will be responsible for damages to third parties, as well as for damages to people or things that travel inside the vehicle, for which is obliged in this act to inform the lessor of any fact described above.
THIRTEENTH. Act of God event or force majeure. The contracting parties acknowledge that there will be no responsibility of the parties if this contract is breached due to an act of God or force majeure; however, if during the validity of this document any damage to the vehicle is caused by these same assumptions, the lessee undertakes to notify the lessor and the competent authorities the same day that he becomes aware of the fact. The delay in the notice will be considered as a breach of contract, for which the lessee will be responsible for indemnifying the damages that the lessor has suffered due to said damage.
FOURTEENTH. Items left in the leased vehicle. At the time of delivering the leased vehicle, it will be the responsibility of the lessee to verify that there are no personal objects in the vehicle, otherwise the lessor will not be responsible for the objects left in the vehicle, nor for the damage or demerit that could be caused when they are transported inside of the same vehicle.
FIFTEENTH. mechanical damage. In the event of any mechanical or electrical damage to the vehicle or the loss of its keys, the lessee must notify the lessor of this fact within the first two hours following, subsisting in any case the responsibilities of the lessee in the event that the damage has been caused by an act that is attributable to it.
In this case, the lessor undertakes to replace said vehicle to the lessee with another in good condition, considering the characteristics of the leased vehicle, within two hours after the lessee has reported its breakdown, provided that the vehicle is located in the town where it was leased or at the address of the lessor, it also undertakes to bonify the rental charge for the time that the lessee has not been able to use the vehicle due to a breakdown not attributable to him. The term expressed in this paragraph may be extended, at the will of the parties, when the lessor proves its breach of the as mentioned above obligation for reasons beyond its control.
In the case of loss of the keys, the lessor will send the lessee a duplicate of them within the two hours following the moment of being informed of their loss, or that the vehicle was locked with the keys inside, provided that the vehicle is also within the same location mentioned in the previous paragraph.
SIXTEENTH. Cancellation of the lease. The lessee has the right to cancel the lease regulated in this contract at any time, as long as the cancellation is made within five days after signing this contract and before the start of the lease term. In this case, the cancellation will be without any responsibility, and the lessor must fully return all the amounts that the lessee has delivered, within a period of 2 business days.
SEVENTEENTH. Causes of Termination. The parties express their willingness to accept that the termination will operate in the event of any breach of the obligations contained in this contract.
EIGHTEENTH. Conventional penalty. The conventional penalty will be 20% of the total amount determined as the rental price of the vehicle.
NINETEENTH. Claims and complaints. The parties agree that the lessee may send any claim or complaint about the service to the lessor’s email provided in the annex to this contract or, in its defect, present it at the address described in the above-mentioned document in any circumstance, the lessor must respond to the lessee within a period not exceeding two business days from the receipt of the claim or complaint.
TWENTIETH. addresses . For the purposes of this contract, the addresses of the parties are those listed in the annex to this contract.
TWENTY FIRST. Contracting by electronic means. The parties agree that instead of an original handwritten signature, this contract, as well as any consent, approval or other documents related to it, may be signed through the use of electronic, digital, numerical, alphanumeric, voiceprint, biometric or in any other way and that this alterrnative means of signature and the records where said signatures are applied, will be considered for all purposes, including but not limited to civil, commercial, consumer protection and NOM-151- SCFI-2016, with the same force and consequences as the original physical autograph signature of the signing party. If the contract or any other document related to it is signed by electronic or digital means, the parties agree that the contract formats and other documents signed in this way will be kept and will be available to the Lessee, therefore they agree that each, any and all information sent by the Lessor to the email address provided by the Lessee at the time of entering into this contract will be considered as delivered at the time it is sent, as long as there is confirmation of receipt.
TWENTY SECOND. Administrative Competition. The Federal Consumer Attorney’s Office is competent in administrative proceedings to resolve any controversy that may arise regarding the interpretation or fulfillment of this contract. Notwithstanding the foregoing, the parties submit to the jurisdiction of the competent Courts in BAJA CALIFORNIA SUR, expressly waiving any other jurisdiction that may correspond to them, due to their present or future domiciles or for any other reason.
TWENTY THIRD. Notice of Privacy. The parties agree that the information contained in this contract may only be used for the purposes of this legal act, so any use other than that agreed upon will be considered a breach of contract.