VEHICLE RENTAL AGREEMENT

This Rental Agreement (“Agreement”) is made and entered into between AutoSpace Costa S.L (hereinafter referred to as the “Company”) and the lessee (hereinafter referred to as the “Lessee”) at the time of vehicle pick-up. By signing this Agreement, the Lessee acknowledges and accepts all the terms and conditions outlined herein.

GENERAL TERMS AND CONDITIONS

1.- Contract Acceptance

By signing this Agreement at the rental location, the Lessee confirms acceptance of the terms and conditions stated in this rental agreement. It is essential to carefully read and understand all the provisions. In case of any queries or disagreements, the Lessee should seek clarification from any staff member present at the rental location.

2.- Rental Period

The Lessee is authorised to use the vehicle for the rental period specified in particular terms section of this Agreement. The Company may grant extensions to the rental period upon mutual agreement. However, the total rental period must not exceed 30 days. Failure to return the vehicle on time will constitute a breach of this Agreement. In such cases, the Lessee will be charged a daily rate, as published at the rental location, for each day or part thereof that the vehicle remains in the possession of the Lessee.

3.- Responsibilities of the Company

A. Vehicle Maintenance:

The Company has maintained the vehicle in accordance with the standards by the recommended manufacturer. The Company ensures that the vehicle is roadworthy and suitable for rental at the start of the rental period.

4.- Responsibilities of the Lessee

A. Vehicle Care and Security:
The Lessee assumes responsibility for the proper care and security of the vehicle and its keys. The Lessee must ensure that the vehicle is always locked when not in use and utilise any security devices provided by the Company. It is the duty of Lessee to safeguard the vehicle from adverse weather or road conditions and dangerous locations that may cause damage. The Lessee must use the appropriate fuel as recommended by the vehicle manufacturer.

B. Damage Liability:

The vehicle has undergone a thorough inspection to ensure there is no existing damage. This form outlines any chargeable damage that was identified prior to the rental, ensuring transparency and a hassle-free process. Upon returning the vehicle, the staff of the Company will conduct an inspection to identify any new damage. Any such damage will be subject to charges in accordance with the terms and conditions of this Rental Agreement.

The Company will consider there are damages after receiving the vehicle when it shows at inspection the following damages:

1. Scratch: scratches and scuffs greater than 10mm or less than 10mm if the bare metal/plastic is showing.
2. Scuff: 2 or more scratches within the same area, or multiple marks across the same surface area, above 10mm or less than 10mm if the bare metal/plastic is showing.
3. Dent: any deformation of any body panel or panel gap mis-alignment greater than 10mm. Glass: any chip or crack, any crack to light cluster, any crack to mirror.
4. Alloy wheels: Scratches greater than 10mm.
5. Wheel trims: Any damage greater than 10mm.
6. Tyre: Any damage to the tyre, including damage to the sidewall of the tyre, punctures and where the vehicle has been driven on a flat tyre.
7. Locks: Any damage
8. Fuel Contamination: Any damage that is caused intentionally or by gross negligence.

C.Vehicle Ownership:

The Lessee must not sell, rent, or dispose of the vehicle or any of its parts. The Lessee must not confer any legal rights over the vehicle to any other individual. The Lessee will pay to the Company full purchase value of vehicle in case it is not returned to the Company. The Company may ask for damages in other cases.

D. Vehicle Maintenance:

The Lessee must not allow any unauthorised person to perform maintenance or repairs on the vehicle. In cases where the Company grants permission for repairs, the Lessee must provide a valid receipt to be eligible for reimbursement.

E. Reporting Faults:
The Lessee must promptly notify the Company of any vehicle faults or malfunctions upon becoming aware of them.

F. Return of Vehicle:

The Lessee must return the vehicle to the agreed location during the displayed opening hours. If the Lessee is allowed to return the vehicle outside business hours, they will remain responsible for the vehicle and its condition until a staff member reinspects it.

G. Administrative liability:
The Lessee is responsible for all fines, court costs, parking violations, traffic offences, or any other related charges incurred during the rental period, including penalties for speeding.

H. Costs of repairs
The Lessee will be liable for the reasonable costs of repairs if:

1. Additional expenses are incurred to restore the vehicle to its pre-rental condition.
2. The Lessee has caused damage to the vehicle.

5.- Conditions for Vehicle Use

The vehicle may only be operated by the Lessee or any additional driver named in this Agreement, or any other individual authorised by the Company in writing. All drivers must possess a valid and full driving licence. The company will not be liable to any unregistered driver. Whoever appears as the Lessee in this contract will be responsible to third parties and the Company for any non-compliance or damage that occurs under the driving of an unregistered driver.

The Lessee and authorised drivers must not:

• Use the vehicle for hire or reward.
• Use the vehicle for any illegal activities.
• Engage in racing, pace-making, reliability testing, or teaching someone to drive.
• Operate the vehicle while under the influence of alcohol or drugs.
• Drive the vehicle outside of Spain unless written permission has been granted by the Company.
• Exceed the maximum weight recommendations of the manufacturer when loading the vehicle, and ensure that the load is securely fastened.
• Utilise the vehicle for purposes that require an operator’s licence if the vehicle is classified as a commercial vehicle and the Lessee does not possess such a licence.
• The Lessee and authorised drivers must not use the vehicle for towing unless written permission have been obtained from the Company.
• To leave Spain by crossing the border or taking a ferry without previous notice and permission of the Company. Failure to do so will result in the automatic shut-off vehicle.

6.- Charges

The following charges will be applied to the lessee:

A. Rental Charges

All rental charges are calculated based on the current price list published by the Company.

B. Damage Charges

The Lessee is responsible for any loss or damage resulting from the failure to comply with General and Particular Terms and Conditions of this Agreement. The lessee is responsible for any damage suffered by the vehicle due to causes attributable to him.

C. Refuelling Service Charge

If the Lessee has used the fuel supplied by the Company and failed to replace it, a refuelling service charge will be applied. The charge will be based on the rates printed on this Agreement or at the rental location.

D. Fines and Administrative Fees

The Lessee is responsible for all fines, court costs, parking violations, traffic offenses, or any other related charges incurred during the rental period, including penalties for speeding. The Lessee must promptly settle any fines imposed by the appropriate authority. The Lessee will also be responsible for the reasonable administrative charges of the Company associated with handling these matters.

E. Loss-of-Income Charge:

In situations where the vehicle requires repairs, becomes irreparable due to breach, negligence or fraud committed by the Lessee or the vehicle is not returned
by the Lessee at agreed moment and place, the Lessee is responsible for paying the Company an estimated loss-of-income charge equal to the daily rental price published by the Company at the rental location.

G. Value Added Tax (VAT):

All charges are subject to VAT at the prevailing rate.

7.- Insurance

The vehicle is insured for damage to third-party property, injury to third parties, and third- party death arising from the use of the vehicle, subject to the terms and conditions of the insurance policy. The Lessee is responsible for any excess payable under the insurance policy for each incident involving damage to the vehicle or third-party property.

Excess: €3000.00

The Lessee may choose to contract additional insurance coverage to reduce the excess amount payable in the event of damage to the vehicle or third-party property. The cost and terms of additional insurance coverage are available upon request.

8.- Indemnity and Release

To the fullest extent permitted by law, the Lessee agrees to indemnify and hold the Company and its employees harmless from and against any claims, demands, causes of action, losses, liabilities, damages, costs, or expenses, including legal fees, arising out of or in connection with the use and possession of the vehicle by the Lessee.

9.- Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Spain. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Spain.

10.- Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, agreements, or representations, whether oral or written, relating to the subject matter hereof.

11.- Additional Fees and costs

A. If you require us to present the vehicle to you at the start of the rental or we must collect it at the end of the rental, a minimum fee of 150 euros will apply per instance.

B. Speeding Penalties:

The Lessee acknowledges that speeding is strictly prohibited and agrees to abide by all speed limits and traffic regulations in accordance with Spanish laws. If the Lessee is found to be in violation of speeding laws may be punished with a monetary fine.
In cases where excessive speeding poses a significant risk to road safety or exceeds legal limits by a substantial margin, the Company reserves the right to terminate this Agreement immediately and recover the vehicle without any refund. The Lessee is aware and warned that this type of infraction could lead to the commission of a crime.

C. In the event of a crash and you are found to be under the influence of drugs or alcohol, you will be liable for the full cost of the vehicle in addition to any other responsibility.

11.- Contract termination

This contract will be terminated, in addition to the end of the agreed period, due to non-compliance by the lessee with any of the conditions contained in this Agreement.

DATA PROTECTION

The data of the Lessee will be processed for the purpose of managing the communications made through their email, attending to the services provided by the person responsible mentioned below and for sending commercial information or information strictly related to the provision of the service of the subscriber. The legal basis for data processing is based on the consent of the interested party or the contractual relationship. Personal data will be maintained as long as the client remains linked to the Company. At the end of the relationship, they will be maintained during the legally established periods or, in the absence of a legal period, until the interested party requests its deletion or revokes the consent granted. Your data will not be transferred to third parties, unless legally required or necessary for the provision of the entrusted service. The recipients will be the different departments or sections within the organization of the person responsible. The data may be transferred to email service providers. Your personal data will be part of a file under the responsibility of AutoSpace Costa S.L, before which you can exercise your rights of access, rectification, deletion, opposition, limitation of processing and in certain cases to the portability of the data, through the forms which can be requested by email to [email protected], prepared by the Spanish Data Protection Agency, and must be signed electronically or accompanied by a photocopy of the DNI, NIE, passport or another identification document. The forms can be submitted in person, sent by mail or email. You have the right to file a claim with the Spanish Data Protection Agency if you consider that the exercise of your rights has not been adequately addressed. The maximum period to resolve is one month from receipt of your request.

CUSTOMER CLAIMS

According to Decree 82/2022 of the Junta de Andalucía, you have a complaint form at your disposal for the consumer who requests it. The Company will respond to your complaint or claim within 10 days of receiving it. The Company does not submit to any arbitration court, and the jurisdiction remains competent to resolve any dispute related to this contract according to current Spanish legislation applicable to the case.