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FIRST. Consent: Through this contract, the lessor agrees to grant the temporary use and enjoyment of the vehicle, for which the lessee agrees to pay a specified price.

SECOND. Object: The material object of this contract is the vehicle described in the Annex to this contract, detailing the characteristics, conditions, spare parts, and general information of the leased vehicle.

THIRD. Conditions of the leased vehicle: The lessee acknowledges receipt of the leased vehicle, which is guaranteed to be in optimal mechanical condition. The use of the vehicle shall be strictly limited to the purposes agreed upon by both parties. Any deviation from the agreed-upon use must be documented in writing for the mutual understanding of both parties. The lessor commits to reimbursing the lessee for any missing accessories or parts of the leased vehicle, identified at the time of return, at prevailing market prices. This ensures the lessee's satisfaction and the vehicle's completeness upon contract completion.

FOURTH. Place of delivery and reception of the vehicle: The lessor must deliver the vehicle at the agreed location, on the specified date and time. The lessee is responsible for returning the vehicle in its original condition, except for normal wear and tear, by the designated return time. Late returns will incur financial penalties outlined in the attached annex.

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 must pay a specified amount in the agreed currency for the temporary use of the leased vehicle, as outlined in the contract annex.

SEVENTH. Payment modalities: The lessee has the flexibility to settle the vehicle rental payment through cash, credit card, electronic transfer, or any other mutually agreed method of payment. The total price outlined in the annex includes the daily rental cost and applicable taxes. Rental charges commence from the moment the lessee takes possession of the vehicle and continue until the lessor receives it in satisfactory condition as determined by the lessor. 

EIGHTH. Guarantee deposit: The lessee must provide the specified deposit amount listed in the contract annex to the lessor. The lessor's signature on the annex acts as the official receipt, confirming receipt of the deposit. This receipt serves as proof of the transaction. Upon contract completion, the lessor will promptly return the deposit after receiving the vehicle in satisfactory condition. The deposit may be used to settle outstanding balances or cover expenses for missing items or damages, as verified by the lessor. The lessor reserves the right to pursue legal action if the deposit is insufficient to cover these expenses.

NINTH. Return of the vehicle: The lessee must return the leased vehicle in its original condition at the contract's end, except for any damage considered normal wear and tear. Normal wear and tear may include small paint chips, particularly on the front bumper or hood, caused by normal driving conditions such as gravel or road debris (commonly referred to as rock chips), and wear on tires due to normal driving, such as tread wear, which is expected over time and with regular use. Furthermore, fading, or slight discoloration of upholstery or trim materials due to exposure to sunlight and normal aging are considered normal wear and tear. However, scratches, dents, or other significant damage are not considered normal wear and tear. The interior of the car must be returned in the same condition as received. Failure to do so may result in cleaning fees as outlined in the annex.

TENTH. Prohibition to leave the state: The leased vehicle may not leave the limits of Baja California Sur and more specifically, not travel further north than the town of Loreto without prior written approval from the lessor.

ELEVENTH. Conditions:

  • Pay the lessor the agreed rent of the leased vehicle in a timely manner as specified in the annex.

  • Always operate the leased vehicle with a valid license issued by the competent authorities, adhering to all Federal, Local, or Municipal traffic regulations and laws.

  • 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 condition you received it, except for normal wear and tear.

  • Do not drive inside the vehicle explosive or flammable materials, drugs, or narcotics.

  • The lessee is liable for any traffic violation penalties accrued during their rental period, even after the contract ends.

  • 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.

  • Driving on the beach or participating in off-road activities is prohibited.

TWELFTH. Vehicle insurance: As a condition of this agreement, the lessor agrees to present the lessee with a range of insurance options. It is the responsibility of the lessee to carefully review these options and select the insurance coverage that aligns best with their individual needs and preferences. The insurance coverage selected by the lessee will be clearly outlined in the annex to this agreement.

THIRTEENTH. Act of God event or force majeure: The parties acknowledge that they shall not be held responsible in the event of a breach of this contract due to an act of God or force majeure, such as a natural disaster (e.g., hurricane, earthquake, flood, severe storm). However, if damage to the vehicle occurs under these circumstances during the validity of this contract, the lessee must promptly notify both the lessor and the relevant authorities on the same day of becoming aware of the situation. Failure to provide timely notice shall be deemed a breach of contract, and the lessee shall be liable for indemnifying the lessor for any resulting damages.

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 malfunctions with the vehicle or the loss of its keys, it is imperative to notify the lessor within two hours. Please be advised that should the damage be attributable to any actions on your part, you will remain responsible. In such instances, the lessor commits to promptly replacing the vehicle with another in good condition, matching the specifications of the leased vehicle, within two hours of the lessee reporting the breakdown. This replacement service applies if the vehicle is within the same town as the lease location or at the lessor's address. Additionally, the lessor will waive rental charges for the duration the lessee is unable to use the vehicle due to a breakdown not caused by them. This provision may be extended by mutual agreement if the lessor demonstrates inability to fulfill their obligation due to circumstances beyond their control.

SIXTEENTH. Causes of Termination: If either party fails to fulfill their obligations as outlined in this contract, both parties agree that the contract may be terminated. In the event of contract termination, the lessee must return the vehicle within 3 hours unless otherwise specified in writing by the lessor. Additionally, if the vehicle has not been returned within 3 hours of the specified return time, it will be deemed unauthorized use, and the lessor reserves the right to report the vehicle as such to the relevant authorities. Unauthorized use of the vehicle beyond the agreed-upon rental period may result in legal consequences for the lessee, including but not limited to fines, penalties, and criminal charges. If the lessor terminates the contract due to a breach by the lessee, the lessee acknowledges and agrees that the entire deposit shall be forfeited. 

SIXTEENTH. Lost Keys: In the event of key loss or locking the keys inside the vehicle, the lessor will promptly provide a duplicate within two hours, provided the vehicle is within the same city as the lessor. However, replacement of keys or unlocking the vehicle will incur an additional expense as outlined in the annex.

SEVENTEENTH. 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.

EIGHTEENTH. Addresses: For the purposes of this contract, the addresses of the parties are those listed in the annex to this contract.

NINETEENTH. 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. This alternative 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.

TWENTIETH. 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- ONE. Termination of Rental Contract: If the lessee fails to return the vehicle within 24 hours of the specified return date and time, it will be considered unauthorized possession. The lessor reserves the right to report it as stolen and take legal action for recovery, including filing a police report and initiating proceedings for theft and unauthorized use. If the lessee requests to extend the rental period, and the lessor agrees to the extension, the lessee must make the payment for the extended period within 3 hours of the agreement. Failure to make the payment within this time frame may result in the lessor canceling the rental contract.

TWENTY-TWO. 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.

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