Contract Terms

By this agreement, the LESSOR leases the vehicle described on the front of this document to the LESSEE, under the terms and conditions contained in this front page and in these, as in any other existing annex to the same. The Lessee assumes the particular conditions of the rates that has assigned at all times and declares to know all the technical characteristics of the leased vehicle, particularly the capacity of the trunk. it is his responsibility to read this agreement carefully and any doubt or disagreement he will need to record this before putting his signature on it. This contract will be in force, for all its effects, from 01/01/2014

1- DELIVERY OF THE VEHICLE

The Lessee receives the vehicle described in the contract, clean and in good working order and without deficiencies with the full documentation, a set of keys, reflective vests, warning triangles and tools which the Lessee should check by notifying any deficiency at the time of hiring the vehicle. ln the case of the rental of accessories and mainly children’s chairs, the Lessee must check the perfect condition of the same. The Lessee disclaims any liability to the Lessor for the improper installation or incorrect use of all this. The Lessee must carry at all times the rental contract. The rental of the vehicle is defined from the day and time that the lease starts until the return of the same, except express agreement between the parties, it shall mean the last day at 20:00 hours.

2- USE OF THE VEHICLE

The Lessee agrees to:

A) Do not carry passengers or goods or devote it to any other type of activity, when it implies directly and indirectly the sublease of the vehicle.

B) Do not allow others to drive it more than the Lessee himself or the specifically authorized people stated in the front of this contract, whose minimum age will be 21 years old hold and are in possession of a valid driving license and in force with two years of antiquity at least.

C) Do not drive the vehicle in inferior physical conditions caused by alcohol, drugs, fatigue or illness.

D) Do not use for towing or pushing other vehicles or trailers.

E) Do not participate with the vehicle in races or other sporting events or rallies, trainings of any form, official or otherwise, nor in testing the strength of the materials or products for automotive accessories.

F) Do not unseal or manipulate the odometer, the Iessor must immediately report any malfunction thereof.

G) Do not carry more passengers than those specified by the vehicle manufacturer or permitted by law.

H) Do not make transfers between islands or out of them unless you have obtained written permission from the Lessor.

I) Do not transport in the vehicle goods that are flammable, hazardous, radioactive, toxic and/or harmful.

J) Do not transport goods in weight, quantity and/or volume greater than authorized in the registration certificate and/or the technical specifications of vehicle or live animals, except pets and/or companion animals, subject to authorization by the Lessor.

K) Do not drive outside the road network or unpaved roads or unfit for circulation that can cause damage to the bottom of the bodywork and other kinds of damage. The repair costs will be charged to the Lessee.

L) Lock the vehicle, park in a suitable place, adequate and safe when it is not in use and keep its documentation inside.

M) Stop the vehicle as soon as possible when any light that indicates a malfunction comes on in the vehicle having to contact the Lessor.

3- AUTHORIZATION AMOUNT CHARGES BY CREDIT CARD

Through the communication of data from the credit card at the time of the rental, the Lessee authorizes the Lessor to impute it, the credits for the rental price, security deposit, and any other costs and liability contained in these conditions are accrued in connection with the lease. Once the Lessee has confirmed the reservation, the Lessor shall be entitled to charge the credit card the total expected rental price, including the extras requested. The lease shall terminate on the assumption that it is not possible to charge such amounts to the card. The complete liquidation of the lease will take place as soon as the vehicle is returned and its condition verified by the personnel of the Lessor. The final liquidation will take place under the means of payment indicated by the Lessee.

4- RETURN OF THE VEHICLE

The vehicle will be returned to the place, date and time stipulated on the front of this document. Any alterations must be previously authorized by the Lessor. Breach of this condition entitles the Lessor to take charge of the vehicle without notice or require it by legal action, paying the Lessee in either case the costs for recovery.

Likewise, it empowers the Lessor to be able to recover the vehicle at any time during the contract period if its use would contravene the provisions therein. The rental period will end only when the vehicle and the keys have been returned to the Iessor. The retention of the vehicle by the lessee without the Lessor’s consent beyond the date agreed, may be considered by the lessor as vehicle theft and reported as such to the appropriate authorities.

In the return of the vehicle on termination of a rental where the Lessee is not present at the inspection of it, for reasons attributable to him, mail delivery, or unavailability, or the return is to be carried outside the office hours of the Lessor or in a place other than the one designated by the company and damage to the vehicle or dirt exceeding the usual become apparent, the customer will have to pay the assessment of damages and/ or work resulting from the inspection made by the Lessor staff in his absence, expressly accepting the charges that may be made in his credit card or agreed method of payment. The delay in delivery of the vehicle, will entitle the Lessor to implement the collection of a full day’s rent that will be updated every 24 hours until the effective delivery of the vehicle. If the lease had been made for a special price, day or extra days would be charged at a normal rate in effect.

5- RENTAL CHARGES

The Lessee expressly agrees to pay the Lessor:

A) The amount resulting from the application of the price agreed in the lease, for security, time, insurance, franchising, additional equipment, fuel and related services, under the terms as well as applicable taxes and fees.

B) The sum or difference in the value of any spare wheel, tyre, tool, accessory or radio equipment that at the end of the rental is missing from the vehicle or has been replaced by another, specifically clarifying that any failure or replacement is not covered by any insurance policy, the Lessee being responsible for it and of the costs incurred. Likewise, the loss and/or damage to the keys or vehicle equivalent, as well as the loss of the documents, will have the charges for actual damages caused to the Lessor, including the mileage for the replacement thereof.

C) The amount corresponding to the fines for any violation to the current and applicable Iegislation, especially related to the Highway Code, in which the Lessee may incur in using the vehicle of the lease, as well as the corresponding surcharges for the delay in payment by the Lessee and the judicial and extrajudicial costs that the Lessor may have incurred as a result of this.

D) The costs of repair or replacement of the damages excluded from all coverage, as well as the damages or losses for which coverage is not justified and/or contracted by the Lessee, and the cost of the immobilized vehicle. The damage to tyres, wheel covers, tyres and punctures, flat tyres, glass, mirrors and underside, ceilings from the inside or item missing, replaced or altered, and any damage or malfunction when the terms or the regulations or Iegislation in force is breached, are exclusions from all the coverages.

E) The travel and repair expenses of the vehicle by the use and improper re-fuelling.

6- INSURANCE

Insurance entered into by the Lessor covers the Lessee and the drivers authorized herein, against civil liability (damages to third parties) for the amount of fifty million Euros (50,000.000) To the effects of the insurance, the spouse, ascendants, descendants, and brothers of the Lessee or authorized driver, as well as their partners and people who have a salary or dependency relationship with them, shall not be considered as third parties. They are expressly excluded from the insurance guarantee, loss, theft, or damage caused to goods transported in the rented vehicle. The responsibility of the Lessee with regard to the damages caused to the rented vehicle is entirely covered in cases of theft and fire, provided the corresponding report of the fact is made to the responsible authority and gives his full cooperation with the same. The Lessee will deliver the keys of the vehicle and a copy of the report to the Lessor. Costs caused by accident shall be borne by the Lessee.

The Lessee is relieved of this liability by paying the corresponding premium, depending on the rates, being an essential requirement to sign the acceptance of this position in the front of this contract which will include the acceptance of the franchise, if any. Insurance does not cover, in any case, accidents and damage caused by driving under the influence of alcohol, drugs, medications or any other substance that reduces the ability of the driver, as well as when the driver is not authorized to drive the rented vehicle or even if he is, the sinister occurs in breach established in this contract or the basic traffic rules.

7- ACCIDENTS

The Lessee undertakes to immediately report any incident to the company, and to the Lessor, as well as to convey immediately how many letters, citations or notifications, parties, statements or any other document that he had and that relates to the incident and to provide full collaboration with the company and the insurance company in the investigation and defense of any claim and process.

At the time of the accident or incident the following measures will be taken:

a) Not to recognize or to pre-judge the responsibility of the fact.

b) To obtain complete information of the opposite part, completing the form delivered together with the documents of the vehicle, which he will send urgently to the Lessor, letting him know by telephone in the cases of serious accident, in his offices at the times open to the public or in the hotline provided for the signing of the lease.

c) To notify the authorities immediately if there is guilt of the opposite part.

d) Not to leave the vehicle without taking the suitable measures to protect it and to safeguard it.

The loss of the vehicle does not automatically imply an obligation of the Lessor to make available a replacement vehicle.

The replacement of a vehicle due to a failure will be conditioned to the possible availability of another vehicle from the Lessor. In this case, the Lessor must do everything in its power to meet such a change.

Along with the amount of damages, the Lessor is entitled to claim from the Lessee the loss of profits by the inability to use the damaged vehicle.

8- MAINTENANCE AND REPAIRS

The Lessee receives the vehicle in perfect condition and clean, and must keep it in good shape. The normal mechanical wear of the vehicle is assumed by the Lessor who will be responsible for the costs incurred during the lease for greasing, oil changes, brake fluid replacement and other fluids, and minor repairs except punctures up to a maximum of 6 Euros. These maintenance operations should be performed always in the workshops of the Lessor. Similarly, any other repair must be agreed upon in writing, shall be borne by the Lessee and will be made in the workshops of the Lessor or those authorized by him.

9- FUEL

The Lessee must refuel the vehicle with the type of fuel suitable for the same; the amount will always be at his expense. Any expenses derived by the use of inappropriate fuel will be at the expense of the Lessee. The Lessee, at the time prior to the receipt of the rented vehicle, will agree with the Lessor the amount of fuel that there is in the tank at that time. The agreed price will produce a charge on the payment methods specified by the Lessor. ln no case refunds will be made in the fuel expenditure by the Lessor.

10- COMPUTER PROCESSING OF PERSONAL DATA

The Lessee authorizes the processing of personal data collected in this contract necessary for the service agreed, as well as for the supply and hiring of other products and services of the Lessor.

The rights to access, rectify, and, if necessary, cancel their personal data becomes known to the Lessee by written request addressed to the Lessor Company.

In addition, the LESSEE gives his consent so that the LESSOR may give his data to companies within the group, or to others with which the LESSOR concludes agreements of collaboration for improved delivery of the vehicle rental service, based in Spain or abroad, respecting the Spanish legislation on protection of data of a personal nature.

11- RESPONSIBILITY

The Lessor declares having taken the proper pre cautions and revised the vehicle to prevent mechanical failures of the same, the Lessor not assuming any liability for the damages that directly or indirectly, may cause the Lessee by reason of accidental failure or loss produced by any cause.

12- GENERAL PROVISIONS

The Lessee is entitled to receive a copy of this contract in Spanish and in the languages that are available. In case of discrepancy between them, the Spanish version will prevail. The compensation of claims against the Lessor will occur only with credits recognized in firm judicial or arbitral decisions or recognized by the Lessor. If there is more than one Lessee, they respond equally in solidarity in front of the Lessor. All the rights and obligations arising from this contract will be extended to the licensed drivers.

13- JURISDICTION

Both contracting parties with resignation to their own jurisdiction, and subject to any issues that might arise concerning the interpretation or enforcement of this agreement to the arbitration court that adjudicates complaints about transport in the autonomous community where the vehicle was rented, and in case that it did not exist in the Law Courts in the City of Palma.

14- CONTRACT RESOLUTION

The Parties shall be entitled to terminate the contract subject to attend a legal reason to do so. The Lessor may solve it by giving just cause to attend this consideration.

– The return of receipts, checks, promissory notes, credit cards, unless the Lessee proceeds with the appropriate payment within three days.

– The use of the vehicle in an inadequate way to its destination or cause damage to the Lessee at the same intentionally, serious, willful or negligent way.

– The violation of the provisions that apply to commercial transport.

-A breach of any of the prohibitions contained in this contract.

– In the event of a high accident rate.

The Lessee shall be obliged to the immediate return of the vehicle, keys, documentation, and all the accessories. ln any case, the Lessor may remove the vehicle from there to where he wants to resolve the contract.

The LESSOR in case of contractual resolution may require the LESSEE the incidental damages and profits produced by that resolution.