General subscription terms
GENERAL TERMS AND CONDITIONS FOR VEHICLES UNDER MONTHLY SUBSCRIPTION
These GENERAL TERMS AND CONDITIONS FOR VEHICLE RENTAL UNDER MONTHLY SUBSCRIPTION (hereinafter, "General Subscription Terms") govern the contractual relationship between Capo Rental Vlorë, a commercial company operating under the brand "Capo Rent a Car" (hereinafter, "Capo Rent a Car" or "Lessor"), with registered office at Rruga Zenel Gjoleka, Vlorë, Albania, NIPT M566302202S, and the contract holder (hereinafter, "Customer"), who may be a consumer, business owner or professional, under which the former grants the latter the temporary use of a vehicle (hereinafter, "Vehicle") for the term, price and other conditions stipulated by the parties in the subscription agreement (hereinafter, "Agreement").
Monthly Subscription of vehicles with Capo Rent a Car is governed by (i) these General Subscription Terms; (ii) Capo Rent a Car's General Rental Terms in the version in force at the time the Subscription is confirmed. Both are available in several languages at Capo Rent a Car offices (hereinafter "office" or "Store") and can be consulted at caporentacar.com.
If contradictions arise between the "General Subscription Terms" and the "General Rental Terms", the "General Subscription Terms" shall prevail.
1. Subject of the agreement
The Monthly Subscription agreement covers the rental of a vehicle belonging to the category indicated in the Subscription confirmation, in compliance with the General Terms set out in this document.
Capo Rent a Car offers a range of vehicles available for Monthly Subscription with the aim of promoting the submission of a binding Offer by the Customer.
For the conclusion of the Subscription agreement through the Capo Rent a Car website, the Customer must complete the required information and submit a binding Offer by clicking the "Submit" order button. The agreement is formalised and enters into force, upon confirmation to the Customer of the correct receipt of their application, at the time of vehicle pick-up.
1.2.
In accordance with applicable Albanian legislation for vehicle rental agreements without driver, the Customer has no right of withdrawal once the agreement is concluded; the Customer cannot revoke their declaration of intent to enter into the Monthly Subscription agreement.
In case of early termination, the Customer shall be penalised with one monthly fee.
For one-off payment schemes that include a discount on the amount payable, in the event of early termination, the amount deducted from the final price for the one-off payment discount shall be added to the total amount, in order to set the penalty of one monthly instalment.
2. Duration of the agreement
The duration of the Monthly Subscription shall be that agreed with the Customer in the Agreement, starting on the date the vehicle is delivered and/or made available by Capo Rent a Car to the Customer. Capo Rent a Car offers monthly subscriptions with a minimum duration of 2 months and a maximum of 9 months, subject to availability and category.
The Agreement shall be extended on a month-to-month basis, automatically, upon payment of the established fee. The Subscription shall not be renewed if either party terminates the agreement in accordance with these General Subscription Terms.
The Customer may communicate their wish to end the Subscription before a new monthly instalment begins, with a minimum notice of thirty (30) days from the end of the current monthly period. To do so, an email must be sent to contact@caporentacar.com. If the Customer fails to comply with the 30-day notice period, the Subscription shall terminate at the end of the following monthly instalment, which must be paid by the Customer.
Returning the vehicle to an office without prior notice and without observing the 30-day notice period prior to the end of the current monthly period is considered unilateral termination of the existing agreement effective from the end of the next monthly billing period, which must be paid by the Customer.
Capo Rent a Car may notify the Customer of its intention to end the Subscription with a minimum notice of thirty (30) days from the end of the monthly billing period in which the termination notice is received.
3. Preparation, delivery and return of the vehicle
3.1. Preparation and delivery
The binding offer submitted by the Customer shall be subject to confirmation of the Subscription by Capo Rent a Car. Delivery shall take place at the date, time and office indicated in the Subscription Confirmation. A vehicle belonging to the indicated category shall be delivered, without guarantee of a specific vehicle model. The category indicated shall be the same throughout the term of the Agreement and may not be modified during its duration.
If the Customer does not show up to pick up the vehicle (no-show) within six (6) hours of the pick-up time indicated in the confirmation, the Agreement shall be terminated and Capo Rent a Car shall retain the amount corresponding to the first instalment paid by the Customer at the time of booking. For one-off payment schemes with discount, in addition to the one-month penalty, the discount amount shall also be added.
3.2. Possession of the vehicle
From the moment of delivery and until the vehicle is returned to Capo Rent a Car, the Customer assumes all responsibilities associated with the possession and use of the vehicle, which must be cared for with due diligence. The Customer assumes all responsibilities arising from their behaviour, whether intentional, reckless or negligent, in relation to the care and use of the Vehicle. Transferring the use of the vehicle to a third party is prohibited.
It is the Customer's responsibility to carry a copy of the agreement and mandatory documentation in the Vehicle at all times.
The Customer shall be responsible for damages and all expenses arising from the use and possession of the vehicle. If any third party makes any claim against Capo Rent a Car for such damages or expenses, the Customer shall assume responsibility, exonerating and holding Capo Rent a Car harmless.
3.3. Vehicle change
In order to offer customers a high-quality fleet, Capo Rent a Car reserves the right, during the term of the Subscription, to change the vehicle delivered to the Customer if it has been in the fleet for a certain period, for maintenance reasons or if it has reached a certain mileage. In such cases the Customer may need to change vehicle, being delivered another of the same category, subject to availability. The Customer shall be informed with sufficient notice. A vehicle change at Capo Rent a Car's request is not considered an unauthorised return and does not constitute termination of the contractual relationship.
3.4. Mileage information
For safety reasons and to ensure the contractually agreed mileage, the Customer is obliged to inform Capo Rent a Car each monthly period of the current vehicle mileage, upon request. The Customer undertakes to submit the specific mileage information when requested (normally once per monthly billing period). If the Customer exceeds the contractually agreed mileage for a monthly billing period, the additional kilometres driven shall be charged according to the agreed tariff. Kilometres not used within a month may be carried over to the following month.
3.5. Return of the vehicle
At the end of the Subscription, the Customer undertakes to return the vehicle to Capo Rent a Car at the place, date and time agreed. In case of return at a different office than agreed, Capo Rent a Car reserves the right to charge an amount for the additional expenses arising.
If the vehicle is not returned at the end of the Subscription within a maximum of forty-eight (48) hours, a complaint for misappropriation of the vehicle shall be immediately filed against the Customer. Capo Rent a Car reserves the right to exercise any legal and logistical actions necessary for the recovery of the vehicle, the costs of which shall always be borne by the Customer.
If the vehicle has not been returned at the end of the Subscription, in case of breakdown or accident, any additional contracted coverages shall cease to be effective, with the Customer being the sole direct party responsible for paying damages, repairs and expenses, as well as the repair of any damages to third parties, without exclusion or limitation.
4. Modifications, changes and/or cancellations by the Customer
4.1. Modifications
If the Customer needs any change in their Subscription, they must request it by sending an email to contact@caporentacar.com. Modifications are subject to vehicle availability within the subscribed category or service to be modified. Category changes are not allowed.
Changing model within the subscribed vehicle category entails a fee of one hundred (100,00) euros, and such change may only be made at the start of billing periods. Any change shall always be subject to vehicle availability and Capo Rent a Car's needs.
In the event of a vehicle model change, the price increase or decrease shall apply from the effective change of the vehicle.
4.2. Cancellations
Early cancellation or return of the vehicle before the end of the current monthly period does not entitle the Customer to a refund or deduction of any amount of the monthly instalment already paid. Additionally, if termination is not made with a minimum of thirty (30) days' notice before the start of the next monthly billing period, the Customer shall pay the following month.
5. Updates
The agreement with the Customer is subject to these General Subscription Terms and to Capo Rent a Car's General Rental Terms in the version in force at the time the Subscription is confirmed. Capo Rent a Car reserves the right to periodically update these Terms during the term of the Subscription, to the extent that this does not place the Customer in an inappropriately disadvantageous position. Capo Rent a Car shall inform the Customer of any modifications that may affect them with sufficient notice, informing them of their right to reject such modifications and granting a reasonable period to exercise their right of termination. Modifications shall be deemed accepted if the Customer does not reject them within thirty (30) days. Communications between Capo Rent a Car and the Customer must be made using suitable means of communication, leaving written record.
6. Driver(s)
Only the person(s) identified and accepted by Capo Rent a Car in the Subscription Agreement and/or any annex thereto are authorised to drive the Vehicle. Failure to comply with this condition shall result in legal action by Capo Rent a Car, and damages may be claimed against the principal Customer.
The Customer and additional drivers must be at least 18 years old (for certain vehicle categories a higher age may be required). They must present a proof of address, European ID card or Passport, and a valid driving licence, in physical format, legible, in good condition and accepted by Albanian legislation (photocopies will not be accepted). Valid driving licences from EU and EEA citizens are accepted. Licences issued in third countries shall be accepted if they comply with the requirements of applicable Albanian legislation; provided the licence is valid, the holder is of the age required in Albania and the legal time limits from the acquisition of residence in Albania are observed. In other cases, an international driving licence must be presented together with the valid driving licence issued by the country of origin. It is the Customer's responsibility to make the necessary checks to determine whether their licence is valid for driving in Albanian territory.
7. Condition, maintenance and repairs
7.1.
Upon receiving and checking the vehicle, the Customer acknowledges having received it in perfect maintenance condition for proper operation. The Vehicle is delivered clean, with bodywork, upholstery, tyres, headlights and accessories in optimal condition. All documentation necessary to drive is provided to the Customer. The Customer shall replace any element of the vehicle that becomes damaged or lost, paying all corresponding amounts incurred by Capo Rent a Car arising directly from the Customer's use of the vehicle.
7.2.
The Customer is expressly prohibited from altering any technical characteristics of the vehicle, equipment or exterior and/or interior appearance, being liable, if done without authorisation, for all costs of restoring the vehicle to its original condition and paying an amount as compensation for vehicle immobilisation, based on the daily Subscription price, taking as reference the last monthly instalment paid, for the days the vehicle is immobilised.
7.3.
Capo Rent a Car assumes normal mechanical wear of the vehicle. Maintenance and breakdown repair costs suffered by the vehicle during the Subscription, if related to usual wear, shall be borne by Capo Rent a Car. Capo Rent a Car shall, when necessary and subject to availability, replace the Customer's vehicle if as a result of the breakdown it must be immobilised for repair. The replacement vehicle shall be delivered at the nearest office indicated by Capo Rent a Car. If the breakdown was caused by negligence, infractions or improper use by the Customer, Capo Rent a Car reserves the right not to replace the vehicle and to immediately terminate the agreement for contractual breach by the Customer.
7.4.
It is the Customer's responsibility to inform Capo Rent a Car of any warning light on the dashboard or interior of the vehicle; if not, any losses arising from this omission shall be passed on to the Customer.
7.5.
Workshop repairs or replacement of parts may only be carried out with prior express written authorisation from Capo Rent a Car. No repair costs shall be reimbursed without prior express written authorisation of the quotation and the workshop performing the repair. In the absence of such prior express written authorisation, the Customer shall be solely responsible for paying such expenses.
7.6.
Damage to the vehicle and wear of parts shall be reviewed and assessed by specialist personnel. Capo Rent a Car reserves the right to prepare an expert report verifying the condition of the vehicle in the event of any incident and the use given to it.
7.7.
If Capo Rent a Car requires the Customer to attend an office to change vehicle, they must do so without delay. In case of non-compliance, Capo Rent a Car reserves the right to terminate the agreement and take the necessary measures to recover possession of the vehicle.
8. Vehicle identification
The Customer expressly accepts that the rented vehicle is identified with the Capo Rent a Car logo and advertising and undertakes to keep the corresponding stickers and licence plate frames on the vehicle throughout the Subscription period. Removal of these elements shall result in a restoration charge plus payment of any administrative penalty imposed for this reason. Under certain municipal ordinances, the Customer must also keep visible the agreement sent by email to prove that the vehicle is rented.
9. Lost and found items
At the end of the Subscription period, the Customer must remove their personal belongings from the vehicle. Capo Rent a Car is not responsible for items reported as forgotten or lost.
10. Price and bond
All prices shall be indicated and valued in euros (€).
10.1. Monthly fee
The Subscription tariff shall consist of a fixed monthly fee set according to the selected Vehicle category, to which possible additional contracted services shall be added. The first monthly instalment shall be paid at the time the Customer makes the reservation through the website.
Fees and other payments due shall be paid through the payment method presented at the office. Once payment is made, the Customer may obtain their invoice from the "Invoices" section of their account.
The amount of the fee is subject to update or modification during the term of the Agreement, with prior notice to the Customer by email or any other appropriate means. In such case, the Customer shall have thirty (30) days to oppose such update. If, once this period has elapsed, the Customer has not exercised their right of opposition, the variation shall be deemed fully accepted.
In case of opposition to the update, the Customer shall have the option to terminate the agreement without any penalty, provided that the price update was the sole reason for the opposition. To communicate this, the user must send an email to the address specified in the notification, stating the reasons.
10.2. Bond
The Customer shall pay at the office, at the time of vehicle pick-up, the bond amount established for the vehicle (consultable in the attached Annex). It shall be paid by credit card provided by the Customer at the time of pick-up. In case of a vehicle change, regardless of the cause, the bond amount shall be adjusted accordingly, if necessary.
The bond amount shall be refunded to the Customer at the end of the Subscription within thirty (30) days, provided that the vehicle has been effectively returned and all fees, amounts, extras and pending items have been paid. Capo Rent a Car has the right to use the bond to settle any pending payment. Providing the bond does not exempt from payment of the Monthly Fee or any other amounts.
10.3.
In case of contractual breach by the Customer (non-payment of a fee or breach of obligations established in the General Subscription Terms, in the General Rental Terms or in the Agreement), Capo Rent a Car may immediately terminate the Subscription. The Customer must return the Vehicle within forty-eight (48) hours and settle the outstanding debt. Failing this, Capo Rent a Car shall file the corresponding complaint for vehicle misappropriation.
10.4.
The Customer undertakes to pay Capo Rent a Car the total price set for the Subscription agreement.
11. Coverages
The Subscription Agreement includes third-party insurance, CAPO PREMIUM COVER and the Roadside Assistance service (CAR). These coverages include Tyres and Windows, excess waiver and waiver of the damage handling administration charge. They also include 24-hour roadside assistance service, vehicle change or replacement in case of breakdown or accident, and roadside assistance via tow truck, arriving at the location of the incident as soon as possible by calling: +355 68 895 5310. These coverages shall not apply if the breakdown or accident is a consequence of negligence or improper use by the Customer, or due to criminal offences or infractions, or if the Customer has not attended the office and received express authorisation to cross borders.
11.1. General exclusions
All damage to the vehicle and wear of its parts shall be reviewed and assessed by specialist personnel. Damages not included in the contracted coverages or due to negligence by the Customer shall be paid by the Customer.
None of the listed coverages include the following services related to vehicle damage: structural elements, underbody, interior and exterior equipment. This list is for information purposes only; complete information is available in the table attached to the Annex of the agreement.
None of the coverage modalities cover damage to the Vehicle as a result of: wars, catastrophes and natural phenomena (hail, blizzards or others), terrorism, riot or uprising; actions by State Security Forces; negligence by the Customer; abandonment; accident or stoppage of the Vehicle due to criminal offences or infractions committed with it; and any other activity established in clauses 12 and 13. The coverage in no case covers personal belongings left, kept or transported in the vehicle.
11.2. Breakdown or accident after the Subscription ends
Once the contractual relationship between the Customer and Capo Rent a Car has ended, an assessment will be made of any damages and breakdowns that may have occurred during the term, with the Customer being responsible for the full payment of the repairs and expenses, which shall be notified to the Customer within thirty (30) days from the return of the vehicle.
11.3. Loss of keys and/or documents/accessories
The costs of replacing them shall be charged to the Customer according to current rates.
12. Accidents, theft, vandal acts
12.1. In case of accident, theft or criminal or vandal act, the Customer is required to:
- Report the incident to the police immediately.
- Complete a friendly accident report according to the official template kept in the Vehicle, indicating at minimum the licence plate number, the name and address of the other party, the name of the insurer and, where possible, the insurance policy number.
- Describe the accident concisely and accurately and, where applicable, note the names of any witnesses.
- Not prejudge or admit liability for the accident.
- Not abandon the Vehicle without taking appropriate measures to protect it from further damage, leaving it locked and not obstructing traffic.
- Immediately inform Capo Rent a Car of the incident by calling the emergency phone +355 68 895 5310. Failure by the Customer to comply with the obligation to notify within a maximum of twenty-four (24) hours shall result in the Customer assuming all costs associated with the repair and paying an amount as compensation for vehicle immobilisation, based on the daily Subscription price taking the last monthly instalment paid as reference.
12.2. Examples of criminal or vandal acts committed against the Vehicle
- Theft or robbery of the Vehicle.
- Theft or robbery of exterior or interior parts of the Vehicle such as wheels, tyres or seats.
- Forced theft causing damage to the windows or bodywork of the Vehicle.
- Vandalism against the Vehicle.
The above list is provided for illustrative purposes only and is not exhaustive.
In case of theft, the Customer must file a complaint with the competent authority and send a copy to Capo Rent a Car within twenty-four (24) hours of the event. The Customer must also hand over the vehicle key. The Customer may contact Capo Rent a Car by phone at +355 68 895 5310 or by email at contact@caporentacar.com.
13. Unauthorised use of the vehicle
13.1.
Only the Customer and the persons duly identified and designated in the Subscription Agreement (hereinafter "Additional Drivers") are authorised to drive the vehicle, provided they hold a valid driving licence in force, in accordance with clause 6. The Customer and additional drivers shall be jointly and severally liable.
13.2.
The Customer undertakes to drive the vehicle in accordance with the Albanian traffic regulations and other applicable rules, as well as the use specifications of the vehicle type, always acting with due diligence and care.
13.3.
The Customer shall use the vehicle exclusively for their mobility, not being able to use it for transporting passengers or goods for commercial or industrial purposes unless expressly authorised by Capo Rent a Car. Subletting the vehicle is expressly prohibited.
13.4. Unauthorised uses
The Customer assumes, under their unlimited personal and financial responsibility, undertaking not to use the vehicle or allow it to be used in the following cases:
- Pushing or towing any vehicle or any other object, rolling or not.
- Participating in competitions, official or not.
- Illegal races.
- Paid passenger transport.
- Driving without a valid driving licence or registration in force.
- Driving without express written authorisation from Capo Rent a Car where appropriate.
- Transferring the vehicle to a third party.
- Driving on roads that could cause damage to the underbody/sump of the vehicle.
- Negligent behaviour in response to warning lights or signals on the vehicle dashboard.
- Transport of furniture, except for vehicles designed for this purpose.
- Leaving objects visible in the vehicle.
- Carrying out resistance tests of materials, accessories or products for cars.
- Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, medication or narcotics.
- Reckless driving.
- Transporting goods that infringe the law or applicable legal provisions, or for unlawful purposes, or in weight, quantity and/or volume exceeding that authorised in the vehicle's technical sheet, or classified as special or dangerous.
- Transporting passengers in a number exceeding that authorised and indicated in the vehicle's technical sheet.
- Transport of people or goods that directly or indirectly involves payment to the Customer (e.g. using the Vehicle as an illegal "Taxi").
- Using the rented vehicle as a means or instrument for committing crimes or acts punishable by Law.
- Making structural modifications or mounting on the roof a rack or luggage/goods.
- Manipulating or unsealing the odometer; any failure must be communicated to Capo Rent a Car.
- Driving on roads not adapted for road use, or unpaved roads not on the state road map.
- Use of the vehicle after the end of the rental period.
- SMOKING INSIDE THE VEHICLE IS PROHIBITED. All our vehicles are strictly non-smoking. In case of breach, and if deep cleaning is necessary to remove tobacco odours, an additional charge shall be applied on the invoice to cover the costs of restoring the vehicle.
- Any other improper use that the Customer makes of the vehicle.
13.5.
Unless expressly authorised, the rented vehicle may only circulate in Albanian national territory. In case of cross-border travel, the Customer must visit the office in advance, obtain express authorisation and pay the corresponding price for this extra (supplement "CROSS BORDER ALBANIA").
13.6.
The Customer undertakes to keep the vehicle locked when not in use and to keep the agreement documents and annexes inside it.
13.7.
The Customer undertakes to stop and immobilise the vehicle when detecting any anomaly in its operation or when a warning light comes on, and must contact +355 68 895 5310 or contact@caporentacar.com.
13.8.
The Customer may not transfer, sell, sublet, mortgage, pledge or otherwise dispose of the vehicle or its elements.
13.9.
Any breach of the provisions of this clause shall be deemed unauthorised use. The Customer shall be liable to Capo Rent a Car to full satisfaction and without any limit for the damages caused to the vehicle, loss of profit and even total loss of the vehicle. In case of a legal claim, the Customer shall pay all expenses arising from such proceedings, lawyers and costs.
14. Traffic offences and penalties
The Customer shall be responsible for paying fines and penalties incurred during the term of the Subscription Agreement, and must inform Capo Rent a Car of any infraction and/or penalty imposed on the vehicle or driver during such period. Capo Rent a Car, to the extent permitted by applicable law, shall charge up to a maximum of €25 for management expenses per case. The payment of fines and their management is not included in any of the contractable coverages, unless otherwise indicated. If Capo Rent a Car has paid the amount of an infraction committed during the term of the Agreement, the Customer shall be responsible for such amount, which shall be charged to the same payment method presented at the time of formalisation.
If the authorities retain the Vehicle due to an act or omission by the Customer, whatever the cause, they shall be liable and shall indemnify Capo Rent a Car for all expenses and loss of profit. The Customer shall also be charged a vehicle immobilisation fee of €250 to cover payment of fees and/or tow trucks allowing Capo Rent a Car to recover possession. Without prejudice to claiming other amounts if the amount of such fees and/or tow trucks is higher. If it is lower, a refund shall be made.
15. Joint and several liability
All Customers and additional drivers shall be jointly and severally liable for all obligations assumed by the Customer in the Agreement and for all applicable legislation.
16. Fuel policy
Full/Full: Upon vehicle delivery, Capo Rent a Car undertakes to deliver the Vehicle with a full tank; the Customer also undertakes to return it full. If Capo Rent a Car fails to deliver the Vehicle full, the Customer may demand at the time of delivery that the Vehicle be delivered with a full tank; if not claimed at that moment, the Customer shall be deemed to agree. If, on the contrary, the Customer fails to comply at return, a refuelling management fee shall be charged plus the missing litres at the current rate, up to 100% of the tank.
17. Permitted territory
The vehicle may only be driven within Albanian national territory. In case of cross-border travel, the Customer must inform the office and contract the "CROSS BORDER ALBANIA" supplement.
Below is the list of countries and territories authorised for the circulation of our vehicles:
Austria, Belgium, Bosnia and Herzegovina, Croatia, Czech Republic, Denmark, France, Germany, Greece, Hungary, Italy, Kosovo, Monaco, Montenegro, Netherlands, North Macedonia, Norway, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden and Switzerland.
The vehicle may not be loaded or transported on any means of transport without prior express written authorisation from Capo Rent a Car. If necessary, contact customer service at +355 68 895 5310 or by email at contact@caporentacar.com.
Circulation is prohibited in the following countries, as well as in any other not mentioned above:
Belarus, Bulgaria, Moldova, Ukraine, Romania, Russia, Turkey, United Kingdom.
Territorial restrictions may vary depending on the country of vehicle rental.
Some of our vehicles are equipped with geolocators and the geolocation function may be activated for driving monitoring within the "Permitted Territory"; if it is detected that the permitted territory has been exceeded, through fault or negligence, this shall be considered a breach of the Agreement, with this agreement being immediately terminated, subject to a penalty of €950 under the heading "Cross to non-permitted territory", and Capo Rent a Car may also claim from the Customer compensation for damages caused, exceeding such amount if greater. The geolocation function may also be activated to locate the vehicle if its recovery is necessary.
18. Permitted mileage
The maximum mileage allowed per month depends on the selected vehicle category and shall be set in the Customer's agreement. Capo Rent a Car may charge €0.10 for each kilometre exceeded.
18.1.
The Customer undertakes to act in good faith and not to alter the vehicle's kilometre control system.
18.2.
Capo Rent a Car reserves the right to carry out any checks or mileage reviews necessary during the rental period to ensure proper use of the Vehicle.
19. Additional services or Extras
The Customer may consult all the additional services available for voluntary contracting and their cost in the attached Annex called "Extras and excess table". The contracted services and extras shall be paid by the Customer.
20. Termination and breach
The Customer undertakes to comply with all and each of the obligations assumed under these clauses and agrees that the breach of any of them shall entitle Capo Rent a Car to declare the Subscription terminated without prior request, with the Customer being responsible for all obligations assumed and having to immediately return the vehicle.
The Subscription Agreement may be terminated for the following reasons:
- By either Party giving the notice referred to in clause 2.
- For just cause in accordance with applicable law, with the complying party being able to claim compensation for damages caused.
Capo Rent a Car reserves the power to terminate the agreement in the following cases:
- Non-payment of one (1) monthly instalment. In that case Capo Rent a Car shall request the return of the vehicle from the Customer and take the actions necessary for the correct recovery of the vehicle, including filing a complaint for misappropriation if the Customer does not return the vehicle.
- When the payment method provided by the Customer is invalid or insufficient credit or guarantee is not provided.
- For breach of applicable laws and regulations by the Customer.
- If the Customer does not hold a valid driving licence; or enters or attempts to enter a country or geographical area to which the specific vehicle cannot be moved.
- If the Customer neglects their duties of care towards the vehicle, putting its value at risk.
- If there is sufficient evidence to understand that there is a risk of loss, abandonment, theft or damage to the rented Vehicle.
- For serious breach by the Customer of any of the obligations contained in these General Terms, in the General Rental Terms or in the agreement, and, having been requested by Capo Rent a Car to cease, not remedying immediately.
- For breakdowns caused to the vehicle as a result of negligent actions or behaviour by the Customer.
- If the Customer transfers the vehicle to a third party not authorised to drive it.
- In cases of negligent use by the Customer or contrary to the contractually agreed or permitted use.
- If the Customer does not deliver the vehicle following Capo Rent a Car's instructions.
- In cases of cross-border travel without visiting the office and without Capo Rent a Car's express authorisation.
Consequences of termination: In the above cases, Capo Rent a Car is empowered to withdraw the Vehicle from the Customer and to invoice and charge them for the repair costs and/or any other amounts arising from damages caused to the Vehicle, Capo Rent a Car or any third party. The claim may include not only the actual damage but also lost profits due to the unavailability of the Vehicle. These damages may include, by way of example, the value of the Vehicle, fines, tolls, penalties, sanctions, tow truck costs, repatriations, expert reports and legal costs.
21. Payment
21.1.
The Customer undertakes to pay Capo Rent a Car the total price set for the Subscription agreement, associated services and extras, as well as the bond.
21.2.
All services shall be paid by the payment method chosen by the Customer when making the booking or, where applicable, through the credit card provided at the time of vehicle pick-up. Cards accepted are VISA, MASTERCARD or AMEX. The Customer must present at the vehicle pick-up a credit card in their name.
21.3.
In case of contractual breach by the Customer, Capo Rent a Car may immediately terminate the Subscription. The Customer must return the Vehicle within 48 hours and settle the outstanding debt. Failing this, Capo Rent a Car shall file the corresponding complaint for vehicle misappropriation.
22. Currency
The rates established by Capo Rent a Car are valued in euros (€) and may be converted to any other currency through an official converter, with Capo Rent a Car not being responsible for any conversion errors. Payment may be made at all our premises in the currency contracted by the Customer, only with the credit cards established in the previous clause.
23. Taxes
All prices detailed in the tariffs include applicable taxes under current Albanian legislation.
24. Jurisdiction and applicable law
This agreement is governed by the legislation of the Republic of Albania. The Parties expressly submit to the competent Courts and Tribunals of the country for any incidents and issues arising from this agreement, except for those relating to Consumer matters, which shall be governed by the jurisdiction established in their own regulations.
24.1.
In accordance with applicable regulations on online dispute resolution for consumer matters, the Parties may resort to the official online dispute resolution platforms where applicable.
25. Customer service and complaints
If you wish to make any suggestions on the improvement of our services, we are at your disposal at contact@caporentacar.com, and all our premises also have official complaint forms which will be kindly provided to you upon request to our staff.
26. Language
These General Subscription Terms are drafted in Spanish and may be translated into other languages. In case of discrepancies, ambiguities and/or contradictions between the Spanish version and other languages, the English version shall prevail.
27. Personal data
27.1. Processing of personal data
In accordance with EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and other applicable regulations, the Customer is informed that the personal data collected for the contracting of our products and services shall be processed by Capo Rental Vlorë as Data Controller (hereinafter, the "Controller").
27.2. Purpose and lawful bases for processing
The personal data collected shall be processed for the execution of the Subscription agreement and all services and products related to it, as well as the prior arrangements to formalise the agreement. The lawful bases are the execution of the agreement, the consent given by the Customer, compliance with legal obligations and the legitimate interest of Capo Rent a Car.
The Customer is informed that some of the Capo Rent a Car vehicles are equipped with geolocators. The geolocation data shall be processed for the purpose of recovering the vehicle and for monitoring driving within the "Permitted Territory" (clause 17), all based on the execution of the agreement signed between Capo Rent a Car and the Customer.
27.3. Recipients
The data of the data subjects shall not be transferred to third parties, except as required by law, with their consent, to fulfil our contractual obligations and to satisfy our legitimate interests.
27.4. Third-party data
If personal data owned by third parties is provided, the Customer states that they have the consent of those affected, having previously informed them of the content of the present information relating to data protection and of the Controller's Privacy Policy.
27.5. Rights of the data subject
Data subjects may exercise their rights of access, rectification, restriction, erasure, objection, portability and, where applicable, not to be subject to automated individual decisions, by writing accompanied by a copy of their identification document and addressed to the address indicated at the beginning of these General Terms or to the email: contact@caporentacar.com.
Data subjects may also file a complaint with the competent supervisory authority of the Member State where they reside, where their place of work is located or where the alleged infringement has occurred.
27.6. Additional information
Data subjects may consult additional and detailed information on the processing that Capo Rental Vlorë performs of their personal data in the Privacy Policy, located on our website.