Terms and conditions

Conditions

Below are collected the General Conditions of the driverless vehicle rental contract (“the Contract”) entered into between the Lessor and the Lessee, obliged to pay, in concept of indemnity for its continued use and enjoyment, an amount per each day of delay in the return equivalent to the result accordingly remain identified in the Intervention of this Hiring.

Nature and object

The Contract, of a mercantile nature, has for its object the non-financial lease by the Lessee of the driverless motor vehicle detailed in the Particular Conditions which form an integral part of the Contract (“the Vehicle”).

Duration. Extension.

The duration of the Contract consists in the Particular Conditions, being the Commencement Date that of its award. The Delivery Date and the Vehicle Return Date are contained in the Particular Conditions, computing both in the duration of the hire.

The Lessee may request the extension of the Contract from the Lessor, by written communication with two (2) days prior to the initial termination date, being potestative of the Lessor its grant; which, in such case, shall be communicated in writing to Tenant within one (1) day following its request.

If the Lessee fails to proceed with the return of the Vehicle within the established date, the tacit reconveyance provided for in Article 1.566 of the Civil Code shall not operate, under any circumstances.

Delivery and return of the Vehicle.

1. Delivery and return of the Vehicle shall take place at the Lessor’s facilities indicated in the Particular Conditions. If delivery (or return, in their case) is at a different location, transportation costs will be borne by the Lessee.
2. The Lessee, at the time of delivery, and the Lessee, at the time of return, shall inspect the interior and exterior condition of the Vehicle, as well as its operation, by signing the Vehicle Delivery / Return Document below, respectively, in conformity with their delivery and return.
3. The Lessee exonerates the Lessor from all responsibility for damages that could result from delays in the delivery of the Vehicle not motivated by causes directly imputable to it, as well as from defects in the Vehicle that become manifest once delivered.
4. The Renter shall return the Vehicle in the same conditions it received on the day it was received, except for normal wear and tear derived from good use. The Lessee shall be entitled to remove from the Vehicle the accessories installed by him with the written authorization of the Lessor, although he shall indemnify the latter for any damage such removal may occasion. The Landlord will not pay any compensation for non-withdrawals. Modifications operated on the Vehicle, including the placement of signs and advertising elements, even authorized by the Lessee, shall be corrected, subsanctioned or withdrawn, as the case may be, by the Lessee, unless covenanted to the contrary. Except for the “The dot rent a car” signs which are installed in their case on the Vehicle and which must be kept unaltered, if the Renter returns the Vehicle without removing the signs or advertising elements, the cost of their removal will be at their expense. The Lessee shall be liable for the diminution in value or, in its case, for the loss of the Vehicle or any of its elements, when this is a consequence of the breach of the obligations deriving from this Contract. The costs of repair or replacement to which such circumstances may occur shall be at the expense of the Lessee.
5. In the event that the Lessee decides to finalize the Contract before the term fixed, the rental price set out in the Particular Conditions shall be replaced by the price which for the effective duration of the lease consists of the Lessor’s Vehicle Rental Rates, . which Lessee expressly declares to know and accept.
6. Notwithstanding, what is provided for the return of the Vehicle in the preceding paragraphs, considering that The point rent to Car. has conferred the use of the Vehicle on the Lessor, in the event that The point rent a Car early cancels the lease of the Vehicle to the Lessor remaining this obligated to restore possession of the Vehicle, such circumstance shall be communicated to the Lessee so that, upon termination of the lease herein covenanted, the Lessee proceeds to the return of the Vehicle as be required by The point rent to Car to such end.
7. In “long-term” rentals, understanding as such driverless vehicle rental contracts between the Parties held for consecutive periods and edited with the reference “LP” in the Contract number of the heading, the Lessee shall not return the Vehicle to the Lessor until completion of the last of the consecutive contracts subscribed by the Parties; the terms and conditions of the Contract in force during the ongoing lease period being applicable to the hire.

Price of the rental. Form of payment. Commissions.

The Tenant shall pay the Landlord the rental price set out in the Particular Conditions (‘the Price’).

Form of payment: Any of the following, as conste expressly in the Particular Conditions:

BANK TRANSFER. The Price shall be satisfied by the Tenant by immediate transfer to the Tenant’s bank account indicated in the Particular Conditions.

DOMICILIATED RECEIPT. The Price shall be satisfied by the Tenant by receipt addressed to the Tenant’s bank account indicated in the Particular Conditions.

CREDIT CARDS. The Tenant shall pay the Price, as well as any other amounts to its charge as provided for in the Contract, by means of the charge on its holder’s credit card to be indicated to the effect in the Particular Conditions.

EFFECTIVE. The Price shall be satisfied by the Lessee by delivery of its amount in metal cash to the Lessor. Transactions with a Price equal to or higher than THOUSAND (1,000) EUROS may not be paid in cash.

Date of payment: The Price, independently of the form of payment agreed in the Particular Conditions, shall be satisfied in advance. Together with the Price, the Lessee shall pay the indirect taxes repercutable to the same by Law at each time.

The Tenant shall incur default automatically, without the need for any intimation or claim, if it fails to pay amounts to its charge as provided for in the Contract. In such event late interest shall accrue in favor of Landlord, from the day following the date of non-payment until the time of cash payment, at the nominal rate of two percent (2%) per month. All this, without detracting from the power of the Landlord to settle the rent.

In the event of delay in payment of amounts to his charge, a Commission for claim management of defaults, the amount of which is stated in the Particular Conditions, shall accrue for effectively realized claim of each unpaid bill to the Tenant’s charge or in favor of the Landlord . . . .

The Renter shall not be entitled to any reduction or cancellation of the Price, or to any other compensation on the part of the Renter, in respect of any period during which the Vehicle, for whatever reason, cannot be used.

All amounts satisfied by the Lessee to the Landlord by reason of the rent shall be imputed to the amounts outstanding for payment to results hereof, in the following order: 1st Taxes; 2nd Import pending payment; 3rd Delay interest and Commission for unpaid claim management; 4th Expenses.

Utilization of the Vehicle. Maintenance and repairs.

1. The Lessor is obliged to keep the Lessee in the peaceful enjoyment of Vehicle, under the terms and conditions of the Contract, for the duration of the lease.
2. The Lessee assumes with respect to the Vehicle the following obligations:

(a) The Lessee and persons driving the Vehicle shall use and maintain the Vehicle diligently and in compliance with all legal regulations, especially those relating to the circulation, use and possession of vehicles, as well as those specified in the manufacturer’s manuals.

(b) Take the Vehicle to the workshops enabled by the Lessor. Official workshops of the make of the Vehicle and all those which in a future designe by the Lessor shall be deemed to be enabled. Any breakdowns or damages occasioned to the Vehicle by the breach of the obligation expressed in this letter shall be the exclusive responsibility of the Renter.

(c) Strictly follow and comply with the overhaul and maintenance program established for the Vehicle by the manufacturer and monitor its proper operation, requesting immediately, in case any deficiency or breakdown is detected, its repair.

(d) Control the proper functioning of the kilometer account, any tampering being prohibited. Should any anomaly occur in the same, the Lessor will be able to consider traveled by the Vehicle, for the purposes of the regularization described in general condition 7a, a number of daily kilometers equivalent to the average of the kilometers traveled per day as of the Date of Delivery to the extent that there is cognizance of the anomaly or, in the event that such mean cannot be found, to the result of dividing the contracted annual mileage by 360 .

designated, the inspection of the Vehicle and its documentation. Such proposed inspection; while those data obtained by crossing equity and credit solvency files will not be able to be incorporated into these profiling treatments. shall be held at the place designated by Lessor within the same population in which the Vehicle was delivered, unless covenant to the contrary, and on the date selected by Lessor, due to a minimum of five days advance notice to Lessor.

In case of substitution of the kilometre account, the last reading offered by the same shall be taken into account for the purposes of the regularizations to be carried out, unless it contests its inaccuracy, in which case it shall be of application as aforesaid.

(e) The Lessee is obliged to facilitate at all times the Lessor or the third party thereby

1. f) Not to use the Vehicle for drivers school (self-school) activities, public service activities, including among these, of a merely enunciative character, the taxi or ambulance service, transportation on behalf of persons, transportation of loads above the recommended by the manufacturer oa those permitted by law, competitions or sporting activities such as rallies or races, rescue of persons at sea, mountain or desert, towing of cargo or of October, whereby the reworded text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety other vehicles, as well as the transportation of goods, is adopted dangerous. Nor shall he be able to use the Vehicle for the carrying out of illegal activities, nor for circulating on roads not suitable for the type of vehicle in question, and especially on unpaved ones.

(g) Not to carry out on the Vehicle any modification, including the placement of signs or advertising elements, or to install on it any type of accessories without the prior written authorization of the Renter.

1. h) Follow the instructions included in the Driver’s Manual that the Renter will deliver to you along with the documentation for each Vehicle.

(i) Do not circulate with the Vehicle through runways of airports or port docks.

1. j) Not circulate with the Vehicle through countries other than Spain; except with the express authorization of the Lessor to circulate through any of the following countries: Andorra, Portugal, France, Gibraltar (RU) Italy, Belgium, Netherlands, Luxembourg, Switzerland, Germany and Austria.

(k) Not to transport the Vehicle aboard a ship, train or aircraft without the express authorization of the Lessor.

(l) Not to use the Vehicle for the towing of other vehicles or trailers, without the prior consent of the Renter. In any event, the use of the Vehicle for such purpose will entail a modification of the lease Fee, which will be agreed by the Parties in the Particular Conditions. In no case shall the trailer be protected by the insurance service of the present Contract, obliging the Lessee to underwrite the corresponding insurance policy at its expense, guaranteeing as a minimum civil liability arising from the use of the trailer.

1. m) The person driving the Vehicle shall at all times have in effect the corresponding permit or license therefor, not being in a state of suspension or withdrawal thereof, and with TWO (2) YEARS seniority, as a minimum, with the permit of driving.

(n) When the Vehicle is to be intended for the carrying out of any type of transport subject to authorization, it shall be necessary for the Lessee to be the holder thereof and attach it to the same. In order to credit the availability of the Vehicle for purposes of such adscription, the Parties must have signed a pre-contract or analogous document in which they undertake to perform the lease and which figures out the duration of this, the identification of the Lessor and the Vehicle data. Once the Contract is formalized, the Lessee shall communicate it to the competent Administration on the authorization to be dealt with. Under this assumption, the Lessee shall insure the Vehicle at its own expense in accordance with the requirements of the applicable regulation for the purpose of transport subject to authorization and shall be responsible for compliance with the requirements of the Administration in relation to the activity carried out with the Vehicle.

3. The Renter shall be responsible for attending to the maintenance of the Vehicle, in accordance with the manufacturer’s specifications. The Lessor shall attend to requests for repairs to the Vehicle, prior written request from the Lessee, for breakdowns arising from technical faults or normal wear and tear due to the use of the Vehicle and for accidental damage within the Vehicle insurance coverages. Repairs not previously requested by Tenant or effected in workshops not enabled by Tenant, shall be at Tenant’s expense, as well as costs arising therefrom and without prejudice to Tenant’s power to settle the Contract and claim damages from Tenant . . . .

5.4 The following repairs shall be at the expense of the Tenant:

(a) The overhauls, maintenance operations and/or repairs to be carried out as a consequence of breakdowns and/or damage intentionally produced by the Lessee or by improper or misuse of the Vehicle by hereby, as well as negligent use of the Vehicle or for unauthorized activities and by ways as provided in the general condition 5.2.

(b) The repairs to be carried out as a consequence of breakdowns and/or damage produced directly as a result of the manufacturer’s failure to comply with the overhaul and maintenance program described in the documentation supplied herewith with the Vehicle.

(c) The overhaul and maintenance operations not included in the overhaul and maintenance program referred to in the preceding letter.

(d) The installation of accessories on the Vehicle and the carrying out of modifications to the same, both carried out subsequent to its delivery, as well as the repairs arising therefrom, even in the event that such installation and/or carrying out has been previously done authorized by the Lessee.

(e) The washing, waxing and cleaning of the interior or exterior of the Vehicle.

1. f) Maintenance and replacement of xenon lamps, replacement or repair of key clearances, damage to dashboards and interior upholstery, accessories (Radio equipment, DVD, Browsers, alarm equipment, etc.) and non-serial installed extras.

(g) Defects produced in the undersides of the Vehicle, and those derived from the action of external agents such as water, mud or any other which may affect the mechanical or electrical elements of the Vehicle.

(h) Repairs derived from accidents, expenses of garages, carparks and washes.

(i) Fuel and lubricating, feeding or cleaning additives, as well as damages derived from improper repostings.

(j) The repairs of tires consequence of pinches, cracks and bursts.

4. The Lessee consents that the Lessor may proceed to immobilize, even at a distance, the Vehicle, by means of The point rent a Car, in case of contractual breach by the Lessor of the terms and conditions of the assignment of use agreed with The point rent to Car., for improper or unauthorized use of the Vehicle, theft or misappropriation of the Vehicle, or in case of no of

Insurance​

1. The Price includes the insurance coverages contracted by the Lessee. The policy will offer, with the typical extension of a normal policy, the following coverages: mandatory underwriting civil liability, supplemental civil liability, legal defense and damage claim, driver insurance and extraordinary risks.

The <b>Certificate of Insurance</b> or, in default thereof, a copy of the insurance policy shall be delivered to the Tenant, who shall be obliged to comply with the obligations and instructions set forth therein.

The Lessee, the Lessee, the usual or additional Driver indicated in the Particular Conditions and/or the third party(s) involved in the accident, as appropriate shall be insured and beneficiary in accordance with the nature of the authorized concrete risk . . . .

The Landlord being authorized by the Landlord to communicate his personal data to the insurer for the purpose provided for in this general condition, as well as the power to modify or settle the policy totally or partially in the event of any of the circumstances described in the general condition 10a, as well as in case of default by the insurer of the obligations assumed in the policy.

The Lessee shall communicate to the Landlord, at a maximum of twenty-four

(24) hours from its occurrence, the accidents in which the insured Vehicle has been involved, whether these with or without the fault of the driver. Such communication shall be made to the email address contained on the Certificate of Insurance delivered by Landlord to Tenant.

The policy does not cover damage, loss or any other damage suffered to the luggage, goods or objects transported in the Vehicle, nor damage due to vandalism.

The Renter agrees to assist and cooperate with the insurer in the event of a claim by a third party. Likewise, the Tenant accepts responsibility for any failure to report claims from third parties as soon as possible. In the face of any fraud or breach of the terms and conditions of the policy or in the face of any breach generated by misuse of the Vehicle that invalidates the coverage provided by the policy, the Renter shall be personally liable for damages generated. It is understood by “computable casualties”, to the effects provided for in this Contract and in the Particular Conditions of Hire: To compute the number of casualties it shall be understood that existing damage to the left, right, front, roof and rear of the Vehicle they correspond to different casualties, regardless of the number of casualty parts declared. The following accidents will be excluded from this computation:

Those in which there is a liable third party whose insurer has accepted fault.

Arson or theft of the Vehicle. Breaking of moons.

For the purpose of calculating the computation, all claims communicated to the Insurance Company, whether communicated by the Lessee or by third parties implicated in the claim, shall be taken into account. If finalized the Contract, Lessor detects damage to the Vehicle due to accidents pending to communicate to the Insurance Company, the cost of repair of these damages will be billed directly to Lessor, which hereby authorizes Lessor to be charged through of the Dues Account indicated in Schedule to Particular Conditions.

In the event that, for any reason imputable to Lessee, the insurance company is not made responsible for the expenses arising from the repair of the damage produced to the vehicle by any accident, Lessee is obliged to pay directly any amount that is not covered by the insurance, with total indemnity for the Landlord

2. The Lessee shall be able to contract the “Premium Plus Warranty” which the Lessor offers and which the Lessee declares to know and accept, on the terms and conditions provided for in the Premium Plus Warranty Extract to be delivered to the Lessee and in the Schedule of Conditions Particulars.
3. The Lessor shall provide the Lessee with the assistance service in case of breakdown of the Vehicle, on the terms and conditions provided for in the Assistance Service Extract to be delivered to the Lessee. It remains expressly excluded from the assistance service, in any case, the withdrawal from the road and/or the collection of the load of the Vehicle. The assistance service offered by the Lessor shall be provided in the absence of the Vehicle warranty service offered by the manufacturer. Thus, Lessor shall provide Lessee with information on the validity of the Vehicle warranty when it exists,

the Lessee being obliged, the warranty in force, to request such service necessarily with the exclusion of that offered by the Lessor.

Mileage. Regularization.

1. The mileage of the Vehicle hired by the Lessee consists of the Particular Conditions. The kilometers of plus in respect of contractors will be multiplied by the price per kilometer traveled in excess set out in the Particular Conditions. Having effected the calculation, the Lessee shall settle the resulting amount in its favor on the Vehicle Return Date and realization of the mileage account control, owing the Lessee to attend the corresponding charge of the same form provided for the payment of the Price indicated in the Particular Conditions.
2. In the event that the Renter fails to return the Vehicle when obliged to do so, the Renter, and/or whoever it designates in its case, may proceed to the collection and removal thereof from wherever it may be found, for which they remain irrevocable and expressly authorized.
3. If for reasons not imputable to the Lessor, the Lessee fails to proceed with the return of the Vehicle within the stipulated date, from such time it shall be liable to pay, in concept of compensation for its continued use and enjoyment, an amount per each day of delay in the return equivalent to the result of prorating by days the amount of the Price, increased by twenty-five percent (25%). Independently of the foregoing, Lessee shall indemnify Lessee for any damage or loss that might result to it as a consequence of its continued use and possession of the Vehicle.
4. In the case of “long-term” rentals, as specified in general condition 3.7, settlement of the mileage shall take place at the completion of the last of the consecutive contracts signed by the Parties, taking into account the sum of the foreseen mileages in all formalized consecutive contracts and the mileage of the Vehicle at the time of return cash of the Vehicle to the Lessor. In these cases, the fuel level to be considered shall be that recorded at the end of the last of such consecutive contracts.
5. The Hirer shall return the Vehicle with the same fuel level indicated in the Particular Conditions. In the opposite case, it will bear the charge in concept of compensation for fuel resupply, which is figured in TEN EUROS (10,00 €) plus the cost of the fuel up to the agreed level; the Lessee being empowered to invoice the amount by means of the corresponding charge of the same form provided for the payment of the Price indicated in the Particular Conditions.

 Fines.

The Renter shall satisfy any fines or sanctions imposed by any administrative body by reason of the possession, use or condition of the Vehicle. They include without limitation derivatives of infringements relating to the documentation of the Vehicle, its state of conservation or non-compliance with the rules relating to periodic acknowledgements.

The Lessee shall reimburse the Lessor such amounts as the latter is obligated to subscribe by reason of the fines or penalties referred to in the foregoing paragraph, including surcharges and interest of any kind, together with an amount equivalent to TWO PERCENT (2%); of the total amount subscribed by the Lessee -on compensation concept. as well as the costs of managing the notices that the Tenant receives by reason of the above fines or sanctions and which are figured at FIVE EUROS (5,00 €) per file; the Lessee being empowered to invoice the amount by means of the corresponding charge of the same form provided for the payment of the Price indicated in the Particular Conditions.

Breach of Contract.

The failure of Tenant to perform one or more of the obligations assumed by this Contract shall entitle Landlord to terminate the Contract.

In the event that Tenant opts to terminate the Contract, all and each of the following effects shall occur:

Landlord shall retain the amount of Rent invoices due and subscribed by Tenant.

The Lessee shall credit the Lessor the amount of the Price invoices due up to the date of resolution of the Contract which would have resulted unpaid, as well as the corresponding late interest.

The Lessee shall pay to the Lessor, in concept of indemnity for damages caused by the breach, an amount freely fixed by the Parties for the time being in the equivalent of fifty percent (50%) of the total amount (inclusive of VAT) of the Price , plus the amount corresponding to the kilometers exceeding the mileage intended for the Vehicle

The Renter shall be obligated to immediately refund the Renter upon possession of the Vehicle. In the event of delay in such refund and until the same is produced, the Lessee shall pay to the Lessor, the amounts stipulated in general condition 7.3

The Parties expressly covenant that, in addition to the obligation to restore in possession of the Vehicle to Lessor, the total amount of quantities claimable by Lessor to Lessee as a consequence of this general condition shall have for all effects the consideration of quantity liquid, due and demandable. The calculation of such total amount shall be made by the simple arithmetical operation of adding the corresponding amounts of between the following: (a) Price due and unpaid, (b) compensation for damages caused by the breach, (c) compensation for continuance in the use and enjoyment of the Vehicle with retrospective to the date on which should be refunded, d) expenses, fees and taxes accruing as a consequence of the resolution of the Contract, e) regularization of kilometres, f) corresponding late interest, g) penalties provided for in the present contract andh) amount corresponding to the increase of the insurance premium

For the claim of the resulting balance by way of execution, it is expressly covenanted by the contracting parties that, for purposes of the provisions of section 572 of the Civil Procedure Act, the settlement to determine the executably claimable debt shall be effected by Landlord in the form agreed upon by the Parties to the Contract, which shall issue the appropriate certification collecting the balance resulting from the settlement on the day of closing. By virtue of it, it will suffice for the exercise of the foreclosure action the filing of the foreclosure title to which number 5 of paragraph 2 of section 517 of the Civil Procedure Act refers, the contribution of the certificate, issued by the Landlord, of the balance that results in the Tenant’s responsibility and other documentation required, at each time, by the Civil Procedure Act. In this latter certificate the intervening Notary shall state at the request of the Lessor, that the settlement of the debt has been practiced in the manner agreed upon by the Parties in this Contract, as well as the other requirements demanded at each time by the indicated Act.

The Lessee gives his consent so that the Lessor may request testimonials or authorized copies in an executory character and so be made to stand on the note of issue of these.

Resolution of the Contract.

1. The Contract shall stand automatically terminated for any of the following causes:

(a) Total claim of the Vehicle declared by the insurance company; understanding as such the total loss of the Vehicle due to damage, theft or theft.

(b) Theft of the Vehicle reported before the competent authorities.

The resolution of this Contract for any of the causes set forth in the preceding letters shall empower Lessor to: 1) demand, in its case, the return of the Vehicle or the remains thereof and 2) perceive the totality of the quantities it can afford the insurance company.

2. The Landlord shall be able to terminate the present Contract in the event that the Landlord is affected by any of the following circumstances:

(a) Merger by absorption, spin-off, social transformation or capital reduction, except with the written consent of Lessor.

(b) The commencement of any judicial or extrajudicial proceedings which might produce the attachment or auction of his property.

(c) The verification by the Lessee of the falsity of the data which have served as basis for the performance of this Contract.

(d) The substantial variation in its solvency or liquidity conditions, or the commission of acts that jeopardize or significantly diminish these.

(e) The breach of any of the obligations assumed in respect of the concerted hire in this Contract.

3. The termination of this Contract as a consequence of the existence of any of the circumstances enumerated above shall have the consequences described in general condition 9.1.

Regime of the processing of personal character data.

1. The signatory(s) -that is, Tenant and Driver- remain(s) informed that both their own personal data and those of the respective represented that are requested in this document, as well as those that are facilitated alongside the same, or subsequently, or originate as a consequence of the management and development of the Contract, or result from a process computer derivative of those already registered, shall be treated and retained by the Landlord as responsible for treatment, whose social domicile consists in the Particular Conditions.

Equally, for the management and development of the rental, the data will be treated and retained as responsible for treatment by El point rent a Car., with social domicile in street Avd. of Madrid 7, Benidorm; being the contact details of the data protection delegate the following: administracion@domicilioexpress.es, with address located on Avd. of Madrid 7, Benidorm. In the event that data of persons other than the signatory(s) is included in this application, he/she declares that he/she has informed such persons in advance, and that they have consented to such inclusion.

Facilitated personal data are necessary for the development, control and maintenance of the contractual relationship and for the performance and management of the operations arising therefrom.

Personal data will be retained during the validity of the contractual relationship and, once this is terminated, during the limitation period of actions that could arise from the performance of the Contract.

The signatories warrant the veracity of the data they facilitate at each time and undertake to punctually communicate to the Landlord any variations on the same.

The signatory(s) expressly authorizes the Landlord to process the aforementioned personal data for the purpose of developing or segmenting profiles, including by means of automated techniques that use current, historical and statistical data, for valuation of risks, confection and analysis of new proposals; while those data obtained by crossing equity and credit solvency files will not be able to be incorporated into these profiling treatments.

2. The Lessee shall, in compliance with the present contract, cede the personal data to:

– the insurance company indicated in the Particular Conditions, in compliance with the provisions of the Royal Legislative Decree 8/2004, of 29 October, by which the recast text of the Law on Civil Liability and Insurance is approved in the circulation of Motor Vehicles.

– the Directorate General of Traffic, with address at Calle Josefa Valcárcel, 28 y 44, 28071 Madrid by virtue of provided currently in Law 6/2015, of 30 October, by which the recast text of the Law on is approved Traffic, Motor Vehicle Circulation and Road Safety.

Access to personal data from third parties on occasion of the contractual relationship. The facilitated personal data of the Lessee may be accessed by third party entities with which the Lessor has signed contracts for the provision of professional services. Specifically, the Landlord has signed contracts with third entities -who act in a capacity in charge of processing the data- for fine management and claim services, administrative processing, collections-payments management, among other services.

Treatment of Vehicle geolocation data . The Vehicle is provided with a geopositioning system (GPS) which identifies its position and location, which cannot be disabled by the Lessor, enabling The point rent a Car to access this data in the following cases: (i) Theft/theft of the vehicle ; ( ii ) Non-return of the vehicle by the Lessee upon termination, including early, of the Contract; ( iii ) Breach by the Lessee of the payment obligations, when this has been required to the payment of such unpaid installments by the Lessor. The legitimating bases authorizing the Lessee to access and process the Vehicle geopositioning data are the existence of a legal relationship with the Lessee and the legitimate interest of the Lessor, collected in paragraphs b) andf) of art.6.1 of the EU Regulation 2016/679 General Data Protection Regulation, Recital 47 . The Vehicle geolocation data and pick-up/removal dates will be dealt with by the Lessor within the timeframes derived from the contractual and statute of limitations relationships established by the current legal regulation, being subsequently locked and deleted in a secure manner. These data will be communicated to the competent authorities (FFCCSE, Courts and Tribunals) or entities providing roadside assistance services (cranes) or the Vehicle insurance company

Also, the Lessee will be able to access such data on technical parameters, being the basis legitimizing the preventive and corrective maintenance of the Vehicle, derived from warranty obligations established by the manufacturer.

The Lessee expressly informs the undersigned(s) that outside of the above-mentioned cases, it does not access the geolocation data of the Vehicle, nor perform any operation of processing these.

Data processing for inquiry in common credit information systems . In order to contract, the signatory(s) remain informed(s) of the right asserted by the Landlord to consult the common equity and credit solvency files to the extent that it is accurate to judge the economic solvency of the(s). ) signatory(s). Consequently, the Landlord will be able to deal, in its case, with data obtained from reporting entities in respect of its financial or creditworthiness. All this, in compliance with the legal obligation provided for in article 20 of Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights.

Data processing in case of breach of monetary obligations . The signatory(s) remain(s) informed that in the event of failure to produce the payment of the monetary obligations foreseen in the Contract in favor of the Lessee, on the terms provided for therefor, the relative data upon default they may be communicated to common credit information systems for inclusion in the respective files (ASNEF, BADEXCUG, RAI) relative to the fulfillment or non-performance of monetary obligations. In the case of natural persons the requirements provided for in Article 20 of Organic Law 3/2018, of 5 December, on Protection of Personal Data and guarantee of digital rights shall be fulfilled to such effect.

Other purposes The signatory(s) expressly and indistinctly authorizes the Lessor already The point rent a Car to process their own personal data as those of the respective represented that are requested, as well as those that are facilitated, at this time or subsequently, either they originate as a consequence of the management and development of the Contract, or they result from a computerized process derived from those already registered, for the purposes of sending commercial communications by any means, including telephone, email or equivalent means of communication, for the offer, promotion and procurement of products and services owned by Lessor and/or The point rent a Car of same or similar nature and object to that of the Contract; provided that the signatory(s) does not object to the sending of the said communications, at any time subsequent hereto, in accordance with the mechanism enabled therefor. The maximum period of data retention for the purposes herein authorized shall be in accordance with that provided for in EU Regulation 2017/679 General Data Protection and other applicable regulations, and in any case until the revocation of the authorization herein conferred. Those responsible for the treatment are, respectively, the Landlord, whose social domicile consists in the Particular Conditions, and The point rent a Car with social domicile on Avd Street. of Madrid 7, Benidorm and contact of the data protection delegate administracion@domicilioexpress.es; enabling the signatory(s) to exercise the rights of access, rectification, opposition, suppression, limitation and portability, respectively, in the aforementioned directions. If the signatory(s) understands it necessary, they may address the Spanish Data Protection Agency (AEPD) domiciled at Calle Jorge Juan, 6, 28001 Madrid, for safeguarding purposes their rights.

Rights. The signatory(s) may be addressed in writing to the social domicile of the Tenant and/or of El point rent a Car oa through the following e-mail address: administracion@domicilioexpress.es , for the purpose of exercise the rights of access, rectification, opposition, cancellation, suppression, limitation and portability and to exercise the right to oppose automated individual decisions that may significantly affect or bear legal effects, in accordance with Article 22 of EU Regulation 2016/679.

Finally, in case the interested party(ies) deem it necessary, they can address the Spanish Data Protection Agency (AEPD) with address at Jorge Juan Street, 6, 28001 Madrid , in order to safeguard their rights.

Responsible for treatment:

Your data will become part of a file ownership of Domicilio Express, SL, with CIF/NIF no: B45914660 and social address at: Avenida de Madrid, 7 (corner Av. Cuenca 11), 03503 – Benidorm (Alicante).

Purpose of treatment:

Develop and comply with the obligations provided for in the contract, or legal-business relationship, that binds you with Domicilio Express, SL

Data conservation:

Your data will be retained for the legally established period.

Legitimation:

The legitimation for the collection of their data is based on the contract signed or on their legal-business relationship with Domicilio Express, SL

Recipients:

Your data will not be ceded for other purposes other than those described above, except for legal obligation, although it may be transmitted to service providers who are bound by contract commission of processing with Domicilio Express, SL

Rights:

It can exercise its rights of access, rectification, cancellation, limitation, portability and opposition to the processing of its data when given certain circumstances, in which case they will solely be retained for the fulfillment of legally provided obligations.

To exercise the above-mentioned rights you must address yourself to Domicilio Express, SL, with CIF/NIF no: B45914660 and social address at: Avenida de Madrid, 7 (corner Av. Cuenca 11), 03503 – Benidorm (Alicante).

Similarly, we inform you that the Spanish Data Protection Agency is the competent body intended for the guardianship of these rights.

For the purpose of keeping the data current, the client shall communicate any changes that occur on the same.

Confidentiality commitment:

Similarly, in accordance with article 32 of the RGPD, concerning the duty of professional secrecy, Domicile Express, SL undertakes to maintain the confidentiality of personal character data, subsisting this obligation with subsequent termination, for whatever reason, of the relationship between You and Address Express, SL

I AGREE that Domicile Express, SL will forward informational communications to me through e-mail, SMS, or instant messaging systems such as WhatsApp, for the purpose of keeping me informed/to the development of the contracted service’s own activities.

I EXPRESSLY ACCEPT AND REQUEST, the receipt of commercial communications by electronic means (e-mail, WhatsApp, bluetooth, SMS), by Domicilio Express, SL, about products, services, promotions and offers of my interest.

Facilitated personal character data will be processed by Domicilio Express, SL with NIF B45914660 in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, concerning the protection of the natural persons in respect of the processing of personal data and the free circulation of these.

Facilitated data will be processed for the time necessary to fulfill the purposes object of processing, while not contradicting the same and for the time necessary to fulfill the legal obligations of the responsible party.

The data will not be ceded or communicated to third parties, except in the legally established assumptions.

We remind you that you have the right to exercise the rights of access, rectification, cancellation, limitation, opposition and portability free of charge by email to: accountabili2@domicilioexpress.es or at the following address: Avenida de Madrid, 7 (esquina Av. Basin 11), 03503 – Benidorm (Alicante) and of applying for the guardianship of the Spanish Data Protection Agency at www.aepd.es

Other General Conditions.

1.Place of performance of the Contract. It shall be understood as the place of performance of the obligation, that of the place where the Contract is formalized.

2. Assignment. Tenant may not assign this Contract or subrogate to a third party in the rights and obligations deriving therefrom, except with the written authorization of Tenant. Landlord remains empowered as of this same act by Landlord to assign this Contract to another person or entity, remaining the assignee subrogated in all rights and obligations hereof.
3. Communications. For as many notices, requirements, communications and notifications as are necessary to address the Tenant, the one appearing in the Contract or the one they had subsequently communicated to the Tenant in fehacient form, obtaining the corresponding acuse of is indicated as domicile receipt, and communications and notices addressed to will be deemed valid the expressed addresses, though they were rehoused, not collected, are not known they will find the interested parties en the same o fueren received by family members, employees, neighbors or any other person. On the other hand, if the Lessee change his domicile, this must be located necessarily and at all case in Spain, to be considered valid and binding therefore respect to the present Contract.

• Depository de guarantee​ El Tenant he will subscribe al Tenant by Vehicle el amount of indicated en las Conditions Particulars as guarantee of the compliance of the Hiring. Dicha quantity will be perceived by el Tenant a the firm of the Hiring through the medium el position corresponding de the same shape expected rain el payment of the Price indicated en las Conditions Particulars.

This amount will not generate any interest in favor of the Lessee and will be to him returned by the Landlord once he has finalized the Contract, thereafter haberse verified el compliance by el Tenant de all of them las obligations derived from the Contract. In case of breach of said obligations by the Lessee, the Lessor shall apply this amount to the payment until where scope of the themselves.

13 a​ It was. Legislation.

• The Parties agree, with express waiver of any other foregoing could correspond with them, that everything litigation, discrepancy, question o claim resulting de the existence, validity, interpretation, execution y/o compliance of the Hiring o related to with he, will be directed ante the Courts of law y Courts of law of the city of Benidorm.

• East Hiring se rige by the Law commonplace Spanish.

14 a​ Acceptance of the Hiring y las Conditions Generals.

The(s) intervener(s) conscious(n) the incorporation de las present Conditions Generals that foreman part de this Hiring, las which han been predisposed and previously known and accepted by the Parties. The firm and acceptance of the Contract by the Lessee shall remain conditioned, on everything case, a the effective firm y acceptance of the Hiring by part de the totality of anticipated interveners, including their representatives, and, while so much, it remains in suspense and without any binding or effect for the Parties. Also, y except for that sea previews expressly una date de input en vigor different from this Contract, this shall be understood in effect from the signature of the lastly of the interveners.