Case Study – Returning Rental Cars in State of Alarm

Posted in: Case studies, Legal

rental cars

The local Guardia Civil are receiving a lot of questions regarding the return of rental cars in the State of Alarm.

If someone has rented a car and the contract has finished. Are they still obliged to return the car with the current restrictions of movement? Or they have to keep the car until the end of the State of Alarm paying the extra days?

Most people asking are more concerned about leaving their house to return the car, as opposed to the extra financial burden of paying extra days.

We have asked our senior lawyer’s opinion on this matter. He has said the following.

The Law mentioning rental cars

I interpret Article 2 of the Order dated March 18, 2020 as premises dedicated to the leasing of vehicles for private use, may remain open for the return of vehicles- This is in respect of those contracts signed before the entry into force of the order, that is, contracts signed before March 19, 2020.

Consequently, if the premises for renting vehicles for private use can remain open, I understand that there is a possibility for users to move to return the vehicles.

If users do not want to move because they are afraid of being infected, I think they could choose one of these 2 options:

– Request the establishment if they will be willing to extend the use of the vehicle until the State of Alarm ends, paying the extra days.

– Or, notify the establishment of their wish to terminate the lease, and require them to move the vehicle from the place where it is located. Given the impossibility of the user moving it.

This communication must be made by a reliable means, that it is recorded: e-mail, sms, WhatsApp, letter, …

This is our solicitor’s interpretation of the Law stated above, using common sense. As there is nothing yet clear in the Law for this exceptional situation. This will be the case with many other issues over the coming weeks.

Please contact us if we can help with any issues, we are still able to work on a number of matters.