General Rental Terms and Conditions

APPENDIX NO. 2 TO THE VEHICLE RENTAL AGREEMENT

GENERAL TERMS AND CONDITIONS FOR VEHICLE RENTAL BY HOLACARS24 SL

I. Definitions

  1. Lessor: HOLACARS24 SL, CL ALBA 4, 2 G, 29640 FUENGIROLA, MÁLAGA, SPAIN, Tax ID No.: B93843134, phone: +34 687 797 207, email: contact@holacars24.com.
  2. Agreement: Vehicle Rental Agreement entered into between the Lessor and the Lessee, of which these General Terms and Conditions form an integral part.
  3. Lessee: a natural or legal person who enters into the Vehicle Rental Agreement. The person driving the Vehicle must hold a valid driver’s license authorizing them to drive the corresponding type of vehicle in Spain.
  4. Additional Driver: a person identified in the Agreement and accepted by the Lessor as authorized to drive the Vehicle.
  5. Vehicle: the vehicle described in detail in the Rental Agreement and the subject of the rental.
  6. Security Deposit: the amount paid or held in escrow as security for the obligations arising from the Agreement and these Terms and Conditions, including damages, additional charges, fines, loss of equipment, and other amounts related to the rental.
  7. Pickup and Return Report: a document, in physical or electronic format, used to record the condition of the Vehicle at the time of pickup and return, which may include photographs and video recordings.

II. Landlord’s Obligations

  1. The Lessor agrees to deliver the Vehicle to the Lessee at the place, date, and time specified in the Contract and to accept its return in accordance with the agreed-upon terms.
  2. At the time of delivery, the Vehicle:
    1. will be in proper technical condition, equipped, and insured in accordance with applicable law;
    2. will be authorized to travel on public roads;
    3. will be delivered clean and with the fuel level or charge indicated in the Delivery Report;
    4. will be delivered with the equipment and documentation necessary for its legal use.
  3. The Lessor may explain to the Lessee the basic operating rules of the Vehicle and its main equipment components.
  4. The Lessor shall be authorized and, where required by law, obligated to provide the police, administrative authorities, traffic authorities, parking authorities, or other competent agencies with the information of the person using the Vehicle in connection with violations, fines, tolls, parking, or other incidents occurring during the rental period.

III. Obligations of the Renter

  1. The Renter must have the necessary authorizations to drive the Vehicle and must present, before the rental begins, a valid driver’s license and a valid ID card or passport.
  2. The Renter shall be responsible for fines, tolls, parking fees, and other charges related to the use of the Vehicle during the rental period.
  3. Only the individuals identified in the Contract and authorized by the Lessor may drive the Vehicle.
  4. The following are prohibited:
    1. removing, concealing, replacing, modifying, or tampering with the license plates;
    2. tampering with the Vehicle’s identification marks or distinctive features;
    3. tampering with GPS devices, telematics systems, anti-theft devices, or any other security system;
    4. making technical modifications to the Vehicle;
    5. removing or modifying the Vehicle’s equipment.
  5. Without prior authorization from the Lessor, the following is prohibited:
    1. using the Vehicle for the paid transportation of people or goods;
    2. subleasing the Vehicle;
    3. using the Vehicle for weddings, events, or other commercial activities;
    4. participating in races, competitions, speed trials, track days, sports training, drifting, or similar activities;
    5. using the Vehicle on race tracks;
    6. using the Vehicle for advertising, film productions, or professional photo shoots;
    7. transporting animals;
    8. towing other vehicles;
    9. using the Vehicle off-road or on roads unsuitable for the type of Vehicle;
    10. transporting a number of passengers or a load exceeding the permitted limits;
    11. deactivating or bypassing safety or traction control systems for the purpose of sport driving;
    12. using launch control, line lock, or other similar functions in a manner that may cause abnormal wear or damage.
  6. Taking the Vehicle outside the territory of Spain requires prior authorization from the Lessor.
  7. The Lessee may not transport the Vehicle by ferry outside peninsular Spain or use it outside the territory authorized in the Contract without the Lessor’s prior consent.
  8. The Lessee must immediately notify the Lessor by calling +34 687 797 207 regarding:
    1. accidents or collisions;
    2. damage to the Vehicle;
    3. theft or attempted theft;
    4. forced entry or theft from the interior;
    5. mechanical breakdowns;
    6. the appearance of warning lights that may indicate a mechanical problem;
    7. immobilization of the Vehicle or seizure of its documentation by an authority;
    8. loss or suspension of the driver’s license;
    9. loss of keys or documents;
    10. any other circumstance that may affect the safety, value, or ability to continue using the Vehicle.
  9. In the event of an accident, collision, theft, or serious damage, the Renter must, depending on the circumstances:
    1. notify the appropriate services or authorities;
    2. secure the scene of the incident;
    3. take photographs and/or videos;
    4. obtain the contact information of those involved and any witnesses;
    5. obtain the details of the vehicles and insurance companies involved;
    6. cooperate with the Lessor, the insurance company, and the authorities.
  10. If a warning appears that may indicate a serious malfunction, the Renter must stop the Vehicle if continuing to drive could increase the damage.
  11. The Renter shall use the Vehicle in accordance with its intended purpose, the manufacturer’s instructions, the Contract, these Terms and Conditions, and applicable traffic laws.
  12. The Renter must adequately protect the Vehicle against theft, including locking the Vehicle, activating the available security systems, and properly safeguarding the keys.
  13. The Renter shall be liable for the actions of the Additional Driver and of any person whom the Renter permits to use the Vehicle without authorization.
  14. Driving under the influence of alcohol, drugs, narcotics, medications, or other substances that impair the ability to drive safely is strictly prohibited.
  15. Smoking is prohibited in the Vehicle, including cigarettes, cigars, e-cigarettes, heated tobacco products, and similar items.
  16. The use of drugs or other illegal substances inside the Vehicle is prohibited.

IV. Vehicle Pickup and Return

  1. Upon receiving the Vehicle, the Renter must inspect its condition and immediately report any visible damage, including scratches, dents, damage to rims, tires, windows, or the interior, as well as dirt, missing equipment, or warning lights on the instrument panel.
  2. The condition of the Vehicle may be documented using the Delivery Report and photographs and/or video recordings.
  3. Any damage detected at the time of return that is not recorded in the delivery documentation may be deemed to have occurred during the rental period, taking into account all available documentation and circumstances.
  4. The Renter must return the Vehicle:
    1. at the location specified in the Contract;
    2. on the specified date and time;
    3. with all keys;
    4. with all equipment provided;
    5. with the agreed-upon fuel level or charge, unless the Contract provides otherwise;
    6. in a clean condition consistent with normal use.
  5. The Vehicle may not be washed in automatic car washes with brushes if the Lessor has informed the Lessee of such a prohibition.
  6. The condition of the Vehicle upon its return may be documented by means of a report, photographs, and/or video recordings.
  7. The Lessee’s refusal to sign the report shall not prevent the Lessor from unilaterally documenting the condition of the Vehicle.
  8. Early return of the Vehicle shall not automatically entitle the Lessee to a refund of any portion of the rental price, unless otherwise agreed by the Parties.
  9. From the time the Vehicle is delivered until its actual return, the Lessee shall be responsible for the Vehicle in accordance with the Contract, these Terms and Conditions, and applicable law.
  10. In the event of a delay in return, the Lessor may take legal action to recover the Vehicle, use the installed tracking systems, and report the situation to the authorities when circumstances justify suspicion of unlawful retention of the Vehicle.
  11. The Lessor may refuse to deliver the Vehicle when:
    1. the Lessee refuses to sign the required documentation;
    2. the Lessee fails to present a valid driver’s license or identification document;
    3. there are reasonable grounds to suspect document forgery;
    4. the Lessee has not paid the rental fee or posted the required security deposit;
    5. there are reasonable grounds to believe that the driver is under the influence of alcohol, drugs, or other substances;
    6. the Renter’s behavior indicates a significant risk of misuse of the Vehicle.

V. Liability

  1. The Lessor shall be liable for the fulfillment of its obligations in accordance with applicable law.
  2. The Lessor shall not be liable for breakdowns resulting from normal wear and tear or from events beyond its control, without prejudice to the Lessee’s legally inalienable rights.
  3. The Lessor does not guarantee a replacement vehicle unless provided for in the Contract, a contracted service, the insurance policy, or applicable law.
  4. The Lessor shall not be liable for items left by the Lessee in the Vehicle after its return, except where such liability cannot be legally excluded.
  5. The Renter shall be liable for damage caused to the Vehicle during the rental period in accordance with the Contract, the insurance policy, and applicable law.
  6. The Renter’s liability may be limited to the deductible specified in the Contract.
  7. The limitation of liability may not apply when the damage results from:
    1. intentional acts;
    2. material breach of the Agreement or these Terms and Conditions;
    3. driving under the influence of alcohol or drugs;
    4. driving by an unauthorized person;
    5. racing, track driving, drifting, or other prohibited activities;
    6. leaving the authorized territory without consent when such departure affects insurance coverage;
    7. intentional tampering with security or tracking systems;
    8. any action by the Renter that legally results in the denial or reduction of insurance coverage.
  8. If the Renter’s conduct results in the loss or reduction of insurance coverage, the Renter may be liable for the portion of the damage not covered by the insurer to the extent permitted by applicable law.
  9. The Renter shall be responsible for fines, tolls, parking fees, and other charges arising from the use of the Vehicle.
  10. The Lessor may apply an administrative fee for the processing of fines, tolls, parking fees, or other charges when such a fee has been specified in the Contract or in the Rate Schedule.

VI. Security Deposit, Additional Charges, and Damages

  1. The Renter must pay or guarantee the security deposit specified in the Contract.
  2. The Security Deposit covers, among other things:
    1. damage to the Vehicle;
    2. lost or damaged equipment;
    3. missing fuel;
    4. excessive dirt or grime;
    5. late return;
    6. fines and administrative fees;
    7. excess mileage;
    8. other amounts related to the rental.
  3. The Security Deposit or the unused portion thereof will be released or refunded after the amounts related to the rental have been settled.
  4. In the event of damage, the Lessor may withhold the corresponding portion of the Security Deposit for as long as is reasonably necessary to determine the amount of the damage, obtain estimates, or ascertain the insurer’s position.
  5. The Renter may be liable, within the limits permitted by applicable law, for the following charges and costs:
    1. unauthorized departure from the permitted territory—up to 2,000 EUR, when it results in additional costs, damages, or risks;
    2. use of the Vehicle in races, on racetracks, for drifting, or in similar activities—up to 10,000 EUR plus any damages caused;
    3. unauthorized commercial use or subleasing—up to 5,000 EUR plus any damages caused;
    4. unauthorized towing—up to 500 EUR plus any damages caused;
    5. tampering with the GPS or security systems—up to 2,000 EUR plus repair costs;
    6. smoking inside the Vehicle—up to 500 EUR, especially when specialized cleaning, ozone treatment, or odor removal is required;
    7. unauthorized transport of animals—up to 500 EUR, depending on the cost of cleaning or repair;
    8. loss or damage to keys—actual cost of replacement, programming, and delivery plus reasonable operating costs;
    9. loss of license plates or documentation—actual cost of replacement plus an administrative fee of up to 250 EUR;
    10. tampering with license plates or identification—up to 1,000 EUR plus the cost of restoration;
    11. washing the Vehicle in an automatic tunnel car wash with brushes in violation of the prohibition—cost of repairing the actual damage caused;
    12. handing over the Vehicle to an unauthorized person – up to 2,000 EUR plus any damages caused;
    13. late return – fee set forth in the Contract or in the current HOLACARS24 SL Rate Schedule;
    14. missing fuel – cost of fuel plus the refueling fee set forth in the Rate Schedule;
    15. excessive dirt or grime—reasonable cost of specialized cleaning as set forth in the Contract or Price List;
    16. handling of fines, tolls, parking fees, or notices—administrative fee set forth in the Contract or Price List;
    17. excess mileage—price per additional kilometer set forth in the Contract or Price List.
  6. If the actual damages exceed the amounts listed above, the Lessor may claim the remaining portion of the damages to the extent permitted by applicable law.
  7. Deductions from the Security Deposit must be related to the obligations arising from the corresponding rental.

VII. GPS and Telematics Systems

  1. The Lessee is hereby informed that the Vehicle may be equipped with GPS and other telematics systems intended, among other purposes, to:
    1. protect the Vehicle against theft;
    2. locate and recover the Vehicle;
    3. determine its location when justified for security reasons or to ensure compliance with the Agreement;
    4. protect the rights and property of the Lessor or the owner of the Vehicle.
  2. Location data will be processed in accordance with applicable regulations regarding the protection of personal data and the privacy policy provided to the Lessee.

VIII. Final Provisions

  1. These Terms and Conditions form an integral part of the Rental Agreement.
  2. In the event of any discrepancy between the Agreement and these Terms and Conditions, the individually negotiated terms of the Agreement shall prevail.
  3. These Terms and Conditions constitute the general rental terms and conditions used by HOLACARS24 SL.
  4. The Renter confirms that, prior to entering into the Agreement, they had the opportunity to review the content of these Terms and Conditions.
  5. These Terms and Conditions may be provided in physical or electronic format, including via email.
  6. The Rental Agreement and these Terms and Conditions shall be governed by Spanish law, without prejudice to applicable mandatory provisions, particularly those relating to consumer protection.
  7. Disputes shall be resolved before the competent courts in accordance with applicable law, without limiting the consumer rights established by mandatory provisions.
  8. When these Terms and Conditions are available in multiple languages, the Spanish version shall prevail in the event of a discrepancy in interpretation, to the extent permitted by law.

DECLARATION BY THE TENANT

I declare that, prior to entering into the Contract, I have had the opportunity to read these General Rental Terms and Conditions, I understand their content, and I agree to comply with them.