GENERAL TERMS AND CONDITIONS RELATING TO THE USE OF TEST VEHICLES
I. THE VEHICLE
A. Vehicle Condition
Upon delivery, the vehicle is accompanied by a document describing its condition.
Unless this delivery note explicitly mentions any damage(s), defect(s) related to the equipment, or missing accessories, the beneficiary acknowledges having received the vehicle in perfect condition.
The cost of any vehicle repair or accessory replacement noted upon return and not specified in the delivery note will be subsequently charged.
The vehicle is always delivered fully equipped: oil and other fluid tanks full, spare wheel with a new tire or repair kit, standard accessories, and vehicle documentation (or possible copies) required by law.
The beneficiary acknowledges having received the vehicle with all tires in perfect condition. If, upon return, the tires show abnormal wear, alterations, dents, or other defects not resulting from normal use, they will be replaced at the beneficiary’s expense.
The beneficiary remains responsible for the vehicle until it has been inspected and accepted by 7 Drive Tenerife or an authorized person, after the test period. If, for any reason, the beneficiary abandons the vehicle and/or does not attend the inspection, they remain responsible for any damage to the vehicle until it has been effectively accepted by 7 Drive Tenerife or an authorized person.
B. Vehicle Use
Test Drive vehicles are equipped with a telematics system that records their exact location, technical condition, and correct use during the test period.
The data obtained by 7 Drive Tenerife will be processed in accordance with privacy legislation and retained for a period of 6 months or the time necessary to process a claim. Their processing will be strictly limited to the purposes mentioned, and 7 Drive Tenerife will not disclose them to third parties under any circumstances, except by court order.
The data may be used as evidence in the processing of a claim related to the test vehicle. The misuse of data may result in an obligation to compensate for the loss and/or denial of any other assistance.
Drivers have the right to consult and, if necessary, rectify the data concerning them. To do so, simply send a request by postal or electronic mail, attaching a copy of your ID or passport, to the 7 Drive Tenerife Customer Service, Calle Bencomo 54, 38400 Puerto de la Cruz, Tenerife – info@7drivetenerife.com.
The beneficiary may not lend or rent the vehicle. Only the beneficiary (and additional drivers if listed on the same rental sheet for purchase test) is authorized to drive the vehicle.
The use of the vehicle is strictly limited to the Canary Islands and a route sufficient to evaluate the purchase of the vehicle. Any exception must be expressly requested.
All drivers authorized by 7 Drive Tenerife must be over 26 years old, have a valid ID, and hold a valid driver’s license for at least 5 years. These requirements do not apply in the case of the final purchase of the vehicle, in which case driver training is necessary. A provisional driver’s license is not considered a valid document.
At the time of signing the delivery note, the originals of the mentioned documents must be presented. 7 Drive Tenerife reserves the right to refuse the provision of a vehicle if the authorized representative of 7 Drive Tenerife believes that the customer does not meet the necessary conditions for safe use, if the weather conditions during the test period involve risks for driving, or if the customer does not have a real intention to conduct a test for purchase evaluation.
If 7 Drive Tenerife denies the provision of the vehicle for any reason, 7 Drive Tenerife will fully reimburse the customer through the payment method used to reserve the service. The beneficiary is expressly prohibited from using the vehicle:
to transport passengers in exchange for remuneration, regardless of the form of payment or type of agreement;
to tow or push any other vehicle, trailer, or object;
in connection with races or competitions (or their preparation) or driving lessons with an instructor not authorized by 7 Drive Tenerife;
under the influence of medications, narcotics, or other substances that may impair driving attention and reaction time, or under the influence of alcohol, in a state of intoxication, and in cases of alcohol poisoning, drowsiness, or extreme fatigue;
if, for any reason, the beneficiary’s mental or physical condition does not allow them to drive the vehicle with due diligence;
in the context of illegal operations or to transport hazardous, flammable, explosive, toxic, or corrosive products;
on airfields reserved for internal services and on aircraft landing strips;
if the driver’s license is withdrawn or if the withdrawal date is less than twelve months before the vehicle’s provision date. The same applies if the beneficiary’s driver’s license contains any of the following restricted use codes related to medical factors or higher risk: code 61, code 62, code 63, and code 69. 7
Drive Tenerife is not responsible:
for the delayed, incomplete, or non-provision of assistance, in case of circumstances beyond its control or force majeure such as: acts of terrorism, war, civil unrest, strikes, reprisals, obstruction of freedom of movement, radioactivity, binding provisions of Spanish or foreign authorities (e.g., negative travel advice or entry ban, confinement, quarantine measures, etc.), natural disasters, etc.;
for the non-provision of assistance on time or at all.
For example, negative travel advice or entry ban, confinement, quarantine measures, etc.), natural disasters, etc. The beneficiary undertakes to use the vehicle with due diligence, considering that the purpose of using the vehicle is equivalent to evaluating a purchase, which implies compliance with these General Terms and Conditions.
The beneficiary will also take the necessary precautions to prevent the vehicle from being damaged or stolen.
The beneficiary will return the vehicle in a clean condition. 7 Drive Tenerife reserves the right to claim reimbursement for the vehicle’s cleaning costs (interior and/or exterior). Abnormal wear or dirt (stains and marks that cannot be removed with normal cleaning) will be considered damage and fully charged to the beneficiary.
Traffic violations from the moment the vehicle is picked up until it is handed over to a 7 Drive Tenerife agent. If the driver can prove that the violation is due to a vehicle defect, 7 Drive Tenerife may be held responsible for the violation.
7 Drive Tenerife reserves the right to charge the beneficiary for any fines, compensation, or fees, including parking fines.
The beneficiary is responsible for following up with the police or relevant authorities regarding violations committed during the vehicle’s provision period. In case of violations and/or non-compliance, 7 Drive Tenerife will always charge €100 as an administrative fee. Any damage resulting from non-compliance with the provisions of Article B will be fully charged to the beneficiary.
C. Maintenance and Repairs
The beneficiary may not repair the vehicle themselves in case of mechanical failure or accident without the prior written agreement of 7 Drive Tenerife.
To obtain repair approval, they must present 7 Drive Tenerife with a cost estimate.
If the beneficiary does not comply with the instructions in this article, 7 Drive Tenerife will consider the repair unauthorized and reserves the right to invoice the beneficiary for the total repair costs, as well as any additional costs resulting from this repair.
7 Drive Tenerife will cover the costs of mechanical defects of the vehicle due to normal wear and tear.
D. Fuel
The vehicle must be returned with at least the same amount of fuel as was in the tank at the time of pick-up.
If, upon return, the fuel gauge indicates a lower amount, the difference will be charged, plus €15 for operating costs.
Any remaining fuel in the tank upon return becomes the property of 7 Drive Tenerife without compensation.
Damage and repair costs resulting from inadequate refueling will be fully charged to the beneficiary. The failure will be determined by qualified 7 Drive Tenerife personnel.
II. AVAILABILITY PERIOD
A. Duration and Extension
Unless otherwise agreed by 7 Drive Tenerife, the use of the vehicle is limited to the duration specified on the vehicle delivery note until the indicated duration, understood as a sufficient period for the necessary evaluation of a purchase.
This period begins on the date and time of vehicle delivery.
The period is calculated in hours from the time of delivery. The driver may request an extension of the initial vehicle provision period. This request must be made at least 2 hours before the expiration of the period.
7 Drive Tenerife reserves the right to refuse any extension request for any reason. If an extension is authorized, each additional hour will be charged at the current rate.
If 7 Drive Tenerife is not notified at least 2 hours before the expiration of the time limit, it will be considered an unauthorized extension and charged per additional hour, plus the vehicle recovery cost and €100 in administrative fees.
B. Return
The beneficiary is obliged to personally return the vehicle to a 7 Drive Tenerife representative. A joint inspection of the vehicle’s condition will be conducted in the presence of the beneficiary and the person designated by 7 Drive Tenerife.
7 Drive Tenerife reserves the right to invoice the beneficiary for any additional damage found.
If, for any reason, the beneficiary does not attend the test vehicle inspection, they acknowledge and accept the binding nature of the unilateral conclusions made by the 7 Drive Tenerife representative.
The beneficiary also acknowledges and accepts that conclusions made by a third party (e.g., the beneficiary’s garage) are not enforceable against 7 Drive Tenerife. If the vehicle is returned in such a state of dirt (interior and/or exterior) that a detailed inspection of the vehicle’s condition is impossible, this inspection will be postponed until the vehicle has been sufficiently cleaned.
If the beneficiary is absent during the postponed inspection, the same conditions described above will apply.
7 Drive Tenerife is not responsible for the loss of items left or forgotten in the vehicle during or after the rental period.
III. DAMAGES
A. Accident
In the event of a traffic accident during the test period, the beneficiary undertakes to take all necessary measures to defend the interests of 7 Drive Tenerife and its insurance company.
In all cases, the beneficiary is obliged to:
Notify the damage to 7 Drive Tenerife within one hour of its occurrence;
Notify the damage to the police, even if no third parties are involved. A report must be filed if the vehicle is involved in an accident resulting in injury to any person, whether occupants or third parties, as well as in cases of vandalism, theft or attempted theft, fire, and any other intentional act;
Complete the European accident report and send it to 7 Drive Tenerife without delay;
if a report has been filed, a copy of the interview must be provided, indicating the report number;
Under no circumstances may the beneficiary decide who is at fault for the accident or handle the follow-up of the claim;
It is prohibited to leave the vehicle unattended if it cannot be towed immediately, unless the beneficiary has taken all necessary precautions to ensure the vehicle’s safety;
Damage to the vehicle resulting from hitting an object or due to road surface uplift, as well as damage to the sides or rims resulting from an incorrect estimation of the vehicle’s size limitations, and any circumstance that could have been foreseen by the driver with normal diligence, will be at the beneficiary’s expense.
In case of non-compliance with the above provisions, 7 Drive Tenerife reserves the right to invoice the beneficiary for the resulting damages.
7 Drive Tenerife will also exercise this right in case of concealment, hit-and-run, fraud, late reporting, and lack of cooperation from the beneficiary.
B. Other Damages
Damage to the vehicle, both interior and exterior, resulting from acts of vandalism, will be at the beneficiary’s expense, who must bear the actual repair costs.
If the 7 Drive Tenerife test vehicle suffers damage due to a serious or intentional fault of the beneficiary, 7 Drive Tenerife will charge the beneficiary the full amount of the damages.
Damage to the vehicle caused by force majeure will be covered by 7 Drive Tenerife, provided that the beneficiary pays the deductible.
“Acts of nature” include all damages directly resulting from floods, hail, volcanic eruptions, earthquakes, rockfalls or landslides, avalanches, excessive pressure due to the weight of snow, burial under snow or ice, storm winds with an average speed exceeding 100 km/h measured at the nearest weather station, hurricanes, cyclones, or tsunamis.
The beneficiary will bear the operational processing costs.
Damage to objects, clothing, or luggage, or the theft of these items, will be at the beneficiary’s expense. 7 Drive Tenerife is also not responsible for delivery delays or any other form of income loss due to damage to transported goods or the test car.
7 Drive Tenerife reserves the right to charge the beneficiary for additional operational costs associated with the delivery and recovery of a second 7 Drive Tenerife car if the driver is responsible for the damage to the original 7 Drive Tenerife test car and therefore did not have the right to do so at the time of the claim.
If the beneficiary is at fault, 7 Drive Tenerife reserves the right to charge, according to the rates in effect at that time, the towing costs of the damaged/broken-down car, as well as the costs related to the unavailability of this car.
IV. LIABILITY IN CASE OF DAMAGE OR THEFT
The car is covered by its own damage and theft insurance.
If the car has been damaged by an unknown responsible third party, the following deductibles (see appendix) will be charged to the beneficiary/user according to the attached rate. In case of total loss, the deductibles will be limited, provided that these general terms and conditions are respected.
Damages resulting from theft or attempted theft will be limited to the amount of the deductible. In case of theft or attempted theft of the vehicle with malicious intent, 7 Drive Tenerife reserves the right to claim the actual damage amount from the beneficiary/user.
Details of deductibles per vehicle, damage assessment, and repairs: see appendix.
If, at the time of the incident, the beneficiary did not possess a valid driver’s license or was driving under the influence of alcohol, drugs, medications, or other legal or illegal substances affecting the driver’s alertness or reaction capacity, or if the beneficiary provided false information regarding damage or theft, 7 Drive Tenerife reserves the right to claim full compensation for the damages from the beneficiary.
V. BILLING CONDITIONS
Billing is subject to the following conditions:
unless expressly stated otherwise, all 7 Drive Tenerife invoices are payable within 15 days at the registered office of 7 Drive Tenerife.
Any delay in payment implies the application, ipso jure and without prior formal notice, of a late payment interest of 12% per annum, as well as a fixed compensation equivalent to 10% of the amount due, with a minimum of €100.
This procedure is automatic and without reminder or other formality. Furthermore, the beneficiary undertakes to indemnify 7 Drive Tenerife upon first request as follows:
The cost of repairing damages to the 7 Drive Tenerife vehicle for which the beneficiary is responsible, up to the agreed deductible amount, provided that the general conditions are met.
In case of total loss, the value of the vehicle before the accident minus the value of the remains if sold, plus breakdown costs, expert fees, circulation tax, loss of earnings, and transfer period;
The replacement costs due to the loss or absence of onboard documents, as well as any modification thereof;
The costs of fines or fees in case of parking violations, resulting from infractions committed during the vehicle provision period, even if 7 Drive Tenerife was not informed until the end of this period.
Additionally, the beneficiary responsible for an infraction requiring 7 Drive Tenerife to take measures as the vehicle owner will be automatically notified by the latter and must pay a flat fee of at least €100 for operational expenses.
The beneficiary is thus responsible for any indirect damage caused to 7 Drive Tenerife during the vehicle provision period. If the invoice is not contested within 8 days from the invoice date, 7 Drive Tenerife will not accept any subsequent contestation.
The beneficiary is fully aware that in case of non-payment of invoices by the due date or delayed payment, they will be required to pay immediately, without further proceedings or notification, any outstanding invoices in their name.
In case of non-payment of invoices, 7 Drive Tenerife may refuse new services or interventions.
VI. INSURANCE
A. Comprehensive Insurance
The beneficiary may obtain a copy of this policy upon request.
B. Material Damage Coverage
If the beneficiary is responsible for an accident, regardless of whether third parties are involved, they must pay the deductible.
The beneficiary’s limitations of liability are only valid if they comply with all contractual obligations set out in the General Terms and Conditions.
The validity of the insurance, as well as the limitations of liability in case of own damage and theft, are strictly limited to the vehicle provision period.
Outside this period, the liability for damages caused to the vehicle and/or persons will rest entirely with the beneficiary.
VII. DATA RECORD
The beneficiary has read these general terms and conditions.
The beneficiary received a copy of the test vehicle delivery note at the time of signing.
A copy of the delivery note will be kept on a physical medium prohibiting any modification.
The parties expressly agree that this copy has the same legal value as the original document.
VIII. JURISDICTION CLAUSE
The contract is exclusively governed by Spanish law.
Any dispute between the contracting parties related to the contract concluded in Tenerife that cannot be resolved amicably will be subject to the exclusive jurisdiction of the courts of Santa Cruz de Tenerife.
In case of subcontracting, the beneficiary of this service also acknowledges being subject to these terms and conditions.
The contract that the beneficiary has concluded with the 7 Drive Tenerife client, resulting in this service, is not enforceable against 7 Drive Tenerife.
MANDATORY LEGAL NOTICES
Privacy
7 Drive Tenerife respects the privacy of its customers and website users.
To offer our services and products to our customers, we need to collect certain personal data.
7 Drive Tenerife aims to process this personal data legally, honestly, and transparently.
You can find more information about this on our website: www.7drivetenerife.com.
Customers who believe that 7 Drive Tenerife does not comply with privacy legislation have the right to file a complaint with the Data Protection Authority by email at:
Any person whose data is processed by 7 Drive Tenerife (the data subject) has the following rights:
- Right to information;
- Right of access;
- Right to rectification;
- Right to erasure of data;
- Right to restriction of processing;
- Right to data portability;
- Right to object.
These rights can be exercised in two ways:
By email to the attention of privacidad@7drivetenerife.com, or;
By written request addressed to: 7 Drive Tenerife, Risk Management – Data Protection Calle Bencomo 54, 38400 Puerto de la Cruz
You can view our full privacy statement on our website: www.7drivetenerife.com
If you wish, you can also send a written request to our customer service: 7 Drive Tenerife, Customer Service, Calle Bencomo 54, 38400 Puerto de la Cruz.
Fraud
We actively work against all forms of abuse and fraud.
Insurance fraud is a crime and can lead to criminal prosecution.
