Terms and conditions

GENERAL TERMS AND CONDITIONS OF VEHICLE RENTAL

These General Terms and Conditions govern the contractual relationship between Fauria Grup SHS S.L. ("the lessor") and the customer ("the renter"), under which the former grants the latter the use of a vehicle for the period, at the price and under the other conditions set out in the rental agreement.

A. APPLICABLE LAW

A.1. These General Terms and Conditions are subject to the provisions of Royal Legislative Decree 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Protection of Consumers and Users and other complementary laws, as amended by Law 3/2014 of 27 March; Law 44/2006 of 29 December on the improvement of consumer and user protection; the regional legislation in force at the place where the service is provided; and any other legislation that replaces, supplements or amends the above, insofar as applicable.

A.2. The renter is obliged to comply with the General Rental Conditions of the country in which the service is provided.

B. USE OF THE VEHICLE

B.1. The renter undertakes to use and drive the vehicle in compliance with the traffic rules in force at the place and time the service is provided, and in accordance with the specifications for use of the type of vehicle rented.

B.2. The renter must always carry their copy of the rental agreement while it is in force.

B.3. If the vehicle is used to transport minors with a height of 135 centimetres or less, the renter must obtain child restraint systems suitable for each age group and fit them in the vehicle in accordance with the traffic regulations in force. The renter must also check the suitability, use and fitting of these systems. The lessor accepts no liability for the failure to use, fit or check the compulsory restraint system, or for its incorrect use.

B.4. The vehicle may only be used on public roads. The following are expressly prohibited:

• a) Driving the vehicle on unauthorised or unpaved roads, or on roads whose condition could pose a risk to the safety and integrity of the vehicle or a risk of damage to it.
• b) Taking part with the vehicle in races, speed or endurance tests, competitions or challenges of any kind.
• c) Using the vehicle for driving lessons.
• d) Using the vehicle to test the endurance of materials, accessories or automotive products.
• e) Using the vehicle when there is a risk of damage to it, in particular after any warning light on the instrument panel has come on.
• f) Carrying passengers for payment.
• g) Committing criminal acts with the vehicle, even if the act is only considered criminal in the place where it is committed.
• h) Driving the vehicle with physical abilities impaired by alcohol, drugs, fatigue or illness.
• i) Using the vehicle to push or tow other vehicles or any other object.
• j) Carrying toxic, flammable or, in general, dangerous substances in the vehicle, or substances that breach the legal provisions in force.
• k) Transporting the vehicle on board any type of ship, train, lorry or aircraft, unless expressly authorised in writing by the lessor.
• l) Driving inside port or airport areas, airfields or similar areas not open to public traffic, or inside the premises or installations of refineries and oil companies, unless expressly authorised in writing by the lessor.

B.5. The renter must ensure that the vehicle's load is correctly distributed and securely stowed, always respecting the authorised weight, quantity and volume limits stated in the Vehicle Registration Certificate or the Technical Inspection Card. The renter is also responsible for ensuring that the number of occupants does not exceed the number authorised in those documents.

B.6. The renter is prohibited from assigning, subletting, renting out, mortgaging, pledging, selling, encumbering or in any way using as security the vehicle, the rental agreement, the keys, the documents, the equipment, the tools, the accessories or any other part of the vehicle, and from treating any of them in a way that causes harm to the lessor.

B.7. The countries to which the rented vehicle may not be taken are set out below. The choice of a vehicle category or make may restrict entry into certain countries. To describe these restrictions, countries are divided into three zones:

• Zone 1: Spain.
• Zone 2: Andorra and France.
• Zone 3: all countries not included in zones 1 and 2.

Premium category vehicles may not leave Spain unless expressly authorised in writing by the lessor. Vehicles of all other categories may only be driven in zones 1 and 2. As a general rule, entry into zone 3 countries is not permitted.

The category of each vehicle can be checked at any time at www.rentacarcostabrava.com, by telephone or at any Rent a Car Costa Brava office. The rental agreement also contains this information.

It is expressly prohibited to take the vehicle from the mainland to any island or vice versa, between islands, or to Ceuta and Melilla, unless expressly authorised in writing by the lessor.

The renter is responsible for knowing the specific traffic rules of the countries they intend to visit and for any consequences of failing to comply with them. In particular, the renter must check whether the use of certain tyres or the payment of road taxes or tolls on certain roads is compulsory in those countries, and must pay such taxes or tolls.

B.8. Cross-border travel: the renter is authorised to drive the vehicle within Spain. Section B.7 sets out the countries to which the vehicle may not be taken. Any journey outside Spain is considered cross-border travel and requires the payment of an additional fee, the amount of which is shown in the List of Additional Charges. Breach of the prohibition on taking the vehicle to certain countries, through fault or negligence, will be penalised with €150 as a contractual penalty. Fauria Grup SHS S.L. may also claim higher compensation if it proves greater loss and damage; in that case, the contractual penalty will be deducted from that compensation.

B.9. When the agreement is signed, the renter and any other person named in the agreement as a driver must be present and show a driving licence that is valid in the country of rental, together with a valid identity document. The lessor may refuse the rental if any of them does not duly prove their identity or that they hold a valid driving licence. Driving licences in digital or electronic format will not be accepted unless the applicable regulations expressly allow it.

The vehicle may only be driven by the renter and by the persons named as drivers in the agreement, provided they are at least 21 or 25 years old, depending on the vehicle category, and have held a driving licence for the period required for that category, as specified in the List of Additional Charges. Drivers under the age of 23 will be charged a specific fee, the amount of which is shown in the List of Additional Charges.

The following driving licences are considered valid in Spain:

• a) Those issued in accordance with Spanish legislation in force.
• b) Those issued by Member States of the European Union in accordance with EU regulations.
• c) Those issued by other countries that are recognised as valid for driving in Spain under the regulations of the Spanish Directorate-General for Traffic (DGT).
• d) A valid international driving permit, which must be presented together with the national licence of the issuing country, where the DGT regulations require it for driving in Spain.

B.10. Without prejudice to the renter's liability towards third parties, if any of the obligations in this section B is breached or any of the circumstances in sections B.4 to B.9 arises, the lessor may terminate the agreement with immediate effect and claim compensation for the loss and damage caused, including loss of profit. Likewise, if the lessor breaches its essential obligations, the renter may terminate the agreement before the end of the agreed period, in accordance with the legislation in force and these General Terms and Conditions.

C. CONDITION OF THE VEHICLE

C.1. The lessor will hand over, and the renter will receive, the vehicle described in the agreement in proper working order, well maintained and with its bodywork in good condition, free of defects, except for any remarks recorded in the rental agreement or in the damage sheet handed over with it. If the renter finds any defect not recorded in those documents, they must report it to the office where the agreement was signed before moving the vehicle from its parking space, so that it can be added to the agreement.

C.2. The renter will receive the vehicle with its complete documents, key, tools and accessories, in particular the reflective vests and the emergency warning devices, and must check them on handover, reporting any defect to the office where the vehicle was rented. The renter undertakes to use the accessories with care and to return them in the same condition in which they were received. If they are not returned at the end of the agreement, the renter must pay the lessor their value, according to the charge shown in the List of Additional Charges. The renter is responsible for locking the vehicle properly whenever leaving it.

C.3. If, during the rental, any warning light comes on in the instrument panel indicating a fault affecting the safety or integrity of the vehicle, or if the renter notices signs of a breakdown or malfunction, the renter must stop the vehicle as soon as possible and contact the lessor or the roadside assistance company appointed by the lessor. Using the vehicle in a risk situation is prohibited. Charges from roadside assistance companies not appointed by the lessor will only be accepted in emergencies; they must come from official dealers of the vehicle's make and must have the prior, express written authorisation of the lessor. Tampering with the odometer is strictly prohibited, and the renter must notify the lessor immediately of any fault in it.

Depending on the cover taken out under section G, a roadside assistance charge may apply, as specified in the List of Additional Charges. In the event of a mechanical failure not attributable to negligence on the part of the renter, the renter will not bear any charge for the roadside assistance service, regardless of the cover taken out. In any case, the renter will be liable if they have used the vehicle in a prohibited manner under section B.4 or have acted negligently.

C.4. The renter must heed the fluid and oil level warnings, check these levels regularly and, in general, allow any safety inspections or services required by the vehicle's specifications for use. These services must be carried out at workshops authorised by the lessor; otherwise, the renter will be liable for any damage resulting from the incorrect topping-up of fluids.

The renter undertakes to treat and look after the vehicle with care and diligence, to comply with all applicable technical rules, to check regularly that it is in good working order and to lock it properly. Smoking in the vehicle is prohibited.

C.5. Vehicles will be handed over with the fuel tank at the level stated in the agreement, and the renter undertakes to return them with the same level. Otherwise, an additional charge will be applied, comprising the cost of the fuel and the refuelling service charge shown in the List of Additional Charges. This charge may be taken from the security deposit or from the payment method used to guarantee the rental. No refund will be given for any fuel left over in the tank.

The renter must refuel the vehicle with the correct type of fuel. Otherwise, the renter will be liable for the costs of transporting the vehicle and repairing any damage caused, and must also pay the lessor compensation for loss of profit for the days the vehicle is out of service, calculated on the basis of the certificate on loss of profit due to vehicle downtime issued by the Spanish National Federation of Vehicle Rental Companies with and without Driver (FENEVAL).

C.6. The renter receives the vehicle with all its tyres in good condition and without punctures, together with a spare wheel or, failing that, a repair kit. Vehicles fitted with run-flat tyres (which can be driven without air for a certain number of kilometres) may be handed over without a spare wheel or repair kit. If any tyre is damaged or lost for a reason other than normal wear, faulty fitting or a manufacturing defect, the renter must inform the lessor. Tyre repairs and replacements must be carried out at workshops authorised by the lessor; otherwise, the renter will be liable for any damage resulting from an incorrect replacement.

C.7. The renter is prohibited from altering any technical feature of the vehicle or its exterior or interior appearance, unless expressly authorised in writing by the lessor. In the event of a breach, the renter must pay the duly justified costs of restoring the vehicle to its original condition, together with compensation for loss of profit for the days the vehicle is out of service, calculated according to the FENEVAL certificate referred to in section C.5. The renter is also prohibited from repairing the vehicle themselves or through third parties, unless expressly authorised by the lessor.

C.8. If, with the prior written authorisation of the lessor, the weight of the vehicle or the possibility of attaching a trailer requires a road tax supplement to be paid, the renter must complete the relevant formalities and pay it, and will hold the lessor harmless against any fee, tax, surcharge, penalty or cost arising from non-compliance with the applicable regulations. The vehicle must be returned to the lessor in the same condition in which it was received.

D. RESERVATIONS

D.1. Reservations refer to vehicle categories. Reserving a category does not entitle the renter to be assigned a specific model within that category.

D.2. The lessor will hold the reservation for up to sixty minutes after the agreed time. After that period, the lessor will not be obliged to provide the service on the agreed terms. Cancellations must be made at least 24 hours before the start of the rental.

D.3. The following applies to reservations with a prepaid rate:

• a) Changes may be made up to one hour before the start of the rental. In that case, a change fee will be charged to the renter, as shown in the List of Additional Charges, in addition to the difference between the rate originally selected and the new one.
• b) The price applicable after the change will be the rate in force at the time of the change. The lessor will not refund the amount already prepaid or any rate difference if the price is lower after the change.
• c) A prepaid reservation may be cancelled at least 24 hours before the start of the rental. In that case, the lessor will refund the prepaid amount to the renter, less a cancellation fee equal to the price of the first three days of rental (calculated in accordance with section E, including additional equipment and complementary services). If the reservation is for less than three days, no refund will be made, as there is no right of withdrawal in vehicle rental.

D.4. Cancellation insurance: if the renter has taken out cancellation insurance when making the reservation, they may cancel it free of charge up to 24 hours before the start of the rental, and the lessor will refund 100% of the amount paid for the rental. The price of the cancellation insurance itself is non-refundable. The price of this insurance is shown in the current rates.

D.5. Cancellations must be notified in writing, by email to rent@fauria.cat or by letter addressed to Fauria Grup SHS S.L., Avinguda de Vidreres, 3, 17310 Lloret de Mar (Girona), Spain, stating the reservation number.

E. RENTAL CHARGES, PAYMENT DATES, SECURITY DEPOSIT AND METHOD OF PAYMENT

E.1. The renter undertakes to pay the lessor:

E.1.1. The rental charges stated in the agreement for the duration (with a minimum charge of 24 hours), the cover, the liability limitations, the additional equipment and the complementary services, in accordance with the agreed conditions, together with the applicable taxes and fees. These will be invoiced at the rates in force when the reservation was made. If no reservation was made beforehand, and unless a discount or special price has been agreed, the rates in force when the agreement is signed will apply.

E.1.2. The charges arising from not returning the vehicle in the same working order, maintenance condition and bodywork condition in which it was received. The renter is liable to the lessor for any damage to the vehicle during the rental, for its partial or total theft and for any loss arising from breaches of contract, except for the liability limitations and optional cover taken out (section G.2.1), and without prejudice to the legal provisions in force on matters not governed by these General Terms and Conditions.

Even if the liability limitations in section G.2.1 have been taken out, they will not apply, and the renter will be fully liable for the loss and damage caused, in the following cases:

• a) Loss and damage caused by the renter or by persons for whom the renter is responsible, through wilful misconduct or gross negligence.
• b) If the renter does not submit the accident report or the European Accident Statement, submits it late or incomplete, or includes false facts or data in it.
• c) If the renter fails to render assistance or to call the police as required in section H, unless the damage was caused without wilful misconduct or gross negligence on the part of the renter.
• d) If the damage was caused by an unauthorised driver.
• e) If the prohibitions in sections B.4 to B.8 have been breached.

The repair charges for which the renter is liable will be assessed by the independent expert appointed by the lessor or by an expert chosen by mutual agreement of the parties. The amount so determined (or, where applicable, the excess amount) will be claimed from the renter together with the administrative fee for handling damage claims shown in the List of Additional Charges. The renter is entitled to a copy of the expert report. If the cost cannot be determined in this way, it will be set according to the repair workshop's estimate. In the event of a total loss, the compensation payable by the renter will be the market value of the vehicle before the loss. The lessor may also claim consequential costs (towing, expert reports, legal costs, etc.) and loss of profit for the time the vehicle is unavailable.

E.1.3. The charges for additional equipment, services or optional cover taken out after the agreement has been signed. Additional equipment will be invoiced according to the List of Additional Charges, and services and cover at the price in force when they are taken out; all of them must be recorded in a new agreement signed by the renter. Once the vehicle keys have been handed over, optional cover can only be added within 15 minutes of signing the initial agreement.

E.1.4. The fuel missing from the vehicle when it is returned and the refuelling service, in accordance with section C.5. The fuel will be invoiced at the market price and the refuelling service according to the List of Additional Charges.

E.1.5. The charges for transporting the vehicle or repairing the damage caused by refuelling with the wrong fuel, in accordance with section C.5.

E.1.6. Kilometres in excess of those included in the agreement, at €0.25 per additional kilometre not contracted.

E.1.7. The charges for obtaining a duplicate or sending the vehicle key in the event of loss or damage, and for transporting the vehicle immobilised for this reason to the lessor's nearest office, according to the List of Additional Charges. Compensation for the vehicle's downtime will also be charged, calculated according to the FENEVAL certificate referred to in section C.5.

E.1.8. The charges for replacing the vehicle's accessories if they go missing or are lost (for example, the emergency warning devices, the reflective vest or the first-aid kit), according to the List of Additional Charges.

E.1.9. The charges for replacing the vehicle's documents if they go missing, according to the List of Additional Charges.

E.1.10. The charges for special cleaning of the vehicle if it is returned so dirty that a specialist company is needed (for example, due to vomit, ink stains, cigarette burns, mud or dirt caused by animals). This charge will be the amount invoiced to the lessor by the cleaning company.

E.1.11. The administrative fee for handling traffic fines, payable for each fine notice or penalty procedure processed by the competent authority in relation to the vehicle and for events occurring during the rental. Its amount is shown in the List of Additional Charges and may be charged to the payment method provided by the renter. However, the lessor may claim a higher cost if it duly proves that cost and that it is attributable to the renter.

E.1.12. The administrative fee for handling damage claims, payable when the vehicle shows material damage of any extent caused during the rental for which the renter is legally and contractually liable. If the renter has taken out any of the liability limitations in section G.2.1, they will be liable for damage not covered by it or up to the amount of the excess. This fee is payable for each damage claim and its amount is shown in the List of Additional Charges.

E.1.13. Unless otherwise agreed in writing, the charge for returning the vehicle to its original office when it is dropped off at an office other than the pick-up office, according to the List of Additional Charges, unless the renter proves that the lessor has incurred lower costs or damage. The amount will be charged to the payment method provided by the renter. The lessor may claim additional items or a higher cost if it duly proves them.

E.1.14. The administrative fee for failing to meet the rental period, payable when the renter returns the vehicle or the keys after the time agreed in the agreement without having agreed a new return time with the lessor. Its purpose is to compensate the work the lessor has to carry out because the vehicle is not available at the agreed time and to recover the vehicle and the keys. Its amount is shown in the List of Additional Charges, unless the renter proves that the lessor has incurred lower costs or damage, and it will be charged to the payment method provided by the renter. The lessor may claim additional items or a higher cost if it duly proves them and they are attributable to the renter.

E.1.15. If the USB cable or adapter provided with the vehicle is lost or damaged, the charge shown in the List of Additional Charges. This payment does not prevent the lessor from claiming any other damage that such loss or damage may have caused.

E.2. Payment dates

E.2.1. The rental price stated in the agreement, together with the cover, liability limitations, additional equipment, complementary services and applicable taxes and fees, fall due and must be paid at the start of the rental.

E.2.2. For reservations with a prepaid rate, the rental price and the other agreed amounts must be paid when the reservation is made and will be charged to the payment method indicated by the renter in the reservation.

E.2.3. The renter will be in default on the day after each payment falls due, without the need for any reminder. In the event of default, the lessor may claim the amount owed plus three percentage points above the statutory interest rate, together with the costs incurred in claiming that amount.

E.2.4. The renter irrevocably authorises the lessor and its authorised collection agent to charge to the payment methods presented when signing the agreement, or provided later in accordance with the legislation in force, all amounts and charges arising from the rental, both those included in the agreement and those resulting from these General Terms and Conditions and the List of Additional Charges. The renter must give the lessor this authorisation by means of a bank card issued in their name.

E.3. Security deposit at the start of the rental

E.3.1. As a guarantee that their obligations will be fulfilled, the renter must provide a security deposit at the start of the rental. The amount depends on the category of the rented vehicle, according to the following table:

The category of each vehicle can be checked at any time at www.rentacarcostabrava.com, by telephone or at any Rent a Car Costa Brava office.

The obligation to provide a security deposit also applies to rentals with a prepaid rate, and the renter must present the card used to make the reservation in order to provide it.

E.3.2. The lessor is not obliged to keep the security deposit separate from its other assets, and the deposit does not earn interest. The lessor may ask for the deposit to be held for longer if the rental period is extended or if the renter has not paid the price or any charges arising from the rental.

E.3.3. The deposit will be provided using a valid payment method accepted by the lessor, whose expiry date must be at least 30 days after the end date of the agreement.

E.3.4. Before the start of the rental, the lessor will ask the card issuer for an authorisation (pre-authorisation) for the amount of the deposit, as a guarantee of the renter's payment obligations during the rental. If the deposit cannot be provided, the lessor may refuse the rental.

E.3.5. After the vehicle has been returned and the necessary checks have been made, the amount invoiced to the renter for the rental and the other items in section E.1 will be charged to the payment method provided by the renter, and the authorisation requested at the start of the rental as a deposit will be released.

E.4. Method of payment

E.4.1. Unless another method of payment accepted by the lessor is agreed, the rental price, the deposit and the other amounts in section E.1.1 will be charged to the payment method indicated by the renter when making a prepaid reservation or, if the reservation is not prepaid, when signing the agreement.

The lessor accepts Visa and MasterCard credit and debit cards. Prepaid cards are not accepted. Maestro and V PAY cards are only accepted for vehicles up to the Medium category (except SUV and Premium). The card must be in the renter's name and must be physically presented to sign the agreement. The payment method notified to the lessor may not be changed while the agreement is in force or after it ends. In addition, the expiry date of the card must be at least 30 days after the end date of the agreement.

E.4.2. Charges for additional equipment, lost or broken accessories or complementary services that come to light at the end of the agreement will be charged to the same card. The renter may request a breakdown of the items invoiced and dispute them within the legal time limit.

E.4.3. By contracting with the lessor and providing their card details, at that time or later, the renter authorises the lessor to charge to that card the rental price, the deposit and any other cost or liability provided for in these General Terms and Conditions in connection with the agreement.

E.5. Invoicing

E.5.1. The renter agrees that the lessor may send invoices in electronic format, in accordance with the legislation in force, to the email address provided.

E.5.2. The renter is responsible for ensuring that electronic invoices reach them correctly or, if so agreed, for downloading them.

E.5.3. The renter may object to receiving electronic invoices at any time by express notice. In that case, the lessor will send the invoices on paper.

E.5.4. The lessor is not responsible for problems with receiving systems or other circumstances that prevent the renter from receiving invoices correctly. An invoice is deemed received when it reaches the renter's sphere of control. If the lessor only sends a notice or makes the invoice available for download, it will be deemed received when the renter downloads it. The renter undertakes to download available invoices within a reasonable time.

E.5.5. If an invoice does not reach its destination or cannot be received, the renter will notify the lessor immediately, and the lessor will send a copy marked as such. While the problem persists, the lessor may send invoices on paper.

E.5.6. If the lessor provides the renter with access details, such as a username or password, the renter must protect them from unauthorised third parties and keep them strictly confidential. If the renter becomes aware that unauthorised persons have accessed this information, they must inform the lessor immediately.

F. RETURN OF THE VEHICLE

F.1. The rental period will be as agreed in the agreement and will be invoiced in 24-hour periods counted from the start time of the rental. The renter undertakes to return the vehicle, together with the keys, documents, accessories and additional equipment, at the agreed place and no later than 30 minutes after the time agreed in the agreement. Otherwise, the renter must pay the lessor the additional charges provided for in section E.1.

The service will be deemed completed when the lessor's staff have received the vehicle and its keys, or when the keys have been left at the place agreed with the lessor.

Unless otherwise agreed in writing, the renter must return the vehicle within the opening hours of the lessor's office. If a return outside opening hours has been agreed, the renter must park the vehicle in the agreed place, leave the extras in the boot, the parking brake on (or the gear lever in park) and the vehicle locked, and leave the keys at the place agreed with the lessor, stating where the vehicle has been parked. The renter must never hand the keys to an unauthorised person, even if they appear to be an employee. The renter will remain responsible for the vehicle until the lessor has located it. If the renter agrees to return the vehicle outside opening hours, they accept that the lessor's staff will inspect the vehicle in their absence, once the keys have been collected.

F.2. The rental price is calculated according to the pick-up and return times stated in the agreement. The lessor always allows a 30-minute grace period. If the vehicle is returned later, the additional period will be invoiced at the current rates. Special rates only apply to the periods stated in the offer; if the grace period is exceeded, the current rates will apply to the entire rental period.

F.3. If the renter returns the vehicle before the date and time stated in the agreement, the lessor will not be obliged to refund or reduce the price of the unused days. If the rental was booked at a special rate whose conditions are no longer met because of the early return, the standard rate for the period actually used may be applied, but never exceeding the rental price originally agreed. No refund will be made for reservations with a prepaid rate, in accordance with section D.3.

F.4. The renter is responsible for returning the vehicle at the place agreed in the agreement, which specifies a particular office as the return location. If the vehicle is returned elsewhere for reasons not attributable to the lessor, the administrative charge "Return to another office" provided for in section E.1.13 will be applied, for the amount shown in the List of Additional Charges.

Returning the vehicle at places that are not permitted will incur the charge "Return at a place not permitted", whose amount depending on the place is shown in the List of Additional Charges. The vehicle may not be returned outside the lessor's offices or in a country other than the country of rental.

F.5. Using the vehicle's navigation system during the rental may result in navigation data being stored in the vehicle. When mobile phones or other devices are connected to the vehicle, their data may also be stored. Rent a Car Costa Brava does not collect or process this data. If the renter or the driver does not want this data to remain in the vehicle, they must delete it before returning the vehicle by restoring the factory settings of the navigation and communication systems. The lessor is not responsible for deleting this data.

F.6. The security deposit provided at the start of the rental may not be used to extend the rental period. The agreement may be extended, with the prior written authorisation of the lessor, provided the renter requests it three days before the end date. The extension may be arranged by telephone, for a maximum of five additional days and only once per agreement. The renter undertakes to authorise immediately, on the payment method already provided, an additional guarantee covering the extended period, to which the rate in force at that time will apply. The renter is responsible for going to the lessor's offices to obtain the new agreement with the extension. The lessor may refuse the extension.

F.7. If the renter does not return the vehicle on the scheduled date and two days have passed without the agreement having been extended, the lessor will consider that the vehicle has been misappropriated and will report this to the competent authorities.

G. COMPULSORY THIRD-PARTY LIABILITY INSURANCE, OPTIONAL COVER AND LIABILITY LIMITATIONS

G.1. Compulsory third-party liability insurance

G.1.1. The rented vehicle includes compulsory third-party liability insurance, which covers personal injury and material damage arising from the use and driving of the vehicle, with the guarantees and amounts provided for in the legislation in force and in European Union regulations.

G.1.2. This cover is guaranteed and borne by the insurer with which the lessor has taken out the relevant policy. By signing the rental agreement, the renter becomes an insured party under that policy.

G.1.3. The insurance is valid in the countries stated in the rental agreement.

G.2. Optional cover and liability limitations

G.2.1. The renter can choose between the following insurance options:

a) Basic insurance (Third party insurance)

With basic insurance, the renter assumes full liability for loss and damage caused to the vehicle, its parts or its accessories (including damage to wheels, windows, engine, underbody and roof) as a result of a road accident, as well as for loss and damage resulting from theft, attempted theft or vandalism.

If the renter is not at fault for the accident, they will not be liable for the loss and damage caused to the vehicle, its parts or its accessories, provided they duly complete the European Accident Statement, which must clearly show the details of the vehicles and drivers involved and the circumstances of the accident (in particular, the place, time and description of the accident, and the full name and address of the person who was driving).

b) Full insurance

With full insurance, the renter is released from liability, except for the amount of the excess per claim stated in the rental agreement (no excess, except for commercial vehicles, 9-seater vehicles and Premium category vehicles, which have an excess of €200 per claim), for loss and damage caused to the vehicle, its parts or its accessories (except the engine, underbody and roof) as a result of a road accident, as well as for loss and damage resulting from theft, attempted theft or vandalism.

In the event of a road accident, this liability limitation will only apply if the renter duly completes the European Accident Statement with the details indicated above. In the event of theft, attempted theft or vandalism, it will only apply if the renter returns to the lessor the original set of keys received when signing the agreement, without any tampering, together with the original of the report filed with the authorities.

G.3. Conditions of application of the cover. Exclusions

Without prejudice to the above sections and these General Terms and Conditions, the application of the compulsory third-party liability insurance, the optional cover and the liability limitations is subject to the following conditions:

G.3.1. Damage to persons, property and the vehicle caused by the renter through wilful misconduct or gross negligence is excluded from the insurance and from any optional cover or liability limitation taken out, and is therefore the renter's full responsibility.

G.3.2. Likewise, the insurance and any optional cover or liability limitation do not apply to claims in which the driver is not an authorised driver or does not hold a valid driving licence, or to claims arising from use of the vehicle contrary to sections B.4 to B.8 or in the cases set out in section E.1.2.

In general, the cover taken out does not include damage caused by negligent or wilful acts of the renter, such as poor care of the vehicle, improper or unlawful use, distraction or drowsiness at the wheel, intentionally causing damage, culpably concealing damage caused to the vehicle or negligent use of the clutch. This list is illustrative and not exhaustive.

G.3.3. The excess per claim applicable according to the cover taken out is that in force at the time of the rental, as stated in the agreement and in the current rates.

G.3.4. A claim does not automatically oblige the lessor to provide the renter with a replacement vehicle.

G.3.5. Damage not resulting from an accident but from negligence, fault or carelessness inside the vehicle, to the engine, to the underbody or to the roof is excluded from the liability limitation taken out.

G.3.6. Optional cover and liability limitations only apply if the renter has taken them out and paid for them when signing the agreement, and only to the renter and the authorised drivers. They will be recorded in the rental agreement. The price of this optional cover and the amount of the excess can be found in the current rates. The liability limitation is only valid while the agreement is in force.

G.3.7. The lessor is not liable for the renter's belongings left inside the vehicle during the rental. Any damage to or theft of such belongings will be the sole responsibility of the renter.

H. ACCIDENTS, THEFT AND OBLIGATION TO REPORT

H.1. In the event of an accident, theft, fire, damage caused by animals or by natural phenomena and, in general, any damage, the renter or the driver must notify the police or the relevant security force immediately and do everything necessary to protect the lessor's interests. The police must also be notified in accidents caused by the renter's own fault or without third-party involvement, and in particular when the vehicle is immobilised or when continuing to drive would endanger road safety. If it is not possible to contact the police, the renter or the driver must go to the nearest police station. They must also complete an accident report (European Accident Statement), whether or not they are at fault and whether or not a third party is involved. If a crime has been committed, if anyone has been injured or if the liability of those involved must be investigated, the renter must report it to the police immediately.

H.2. In the event of an accident with another vehicle, the renter must complete the European Accident Statement on the official form found with the vehicle documents and notify the lessor in writing of all the details of the accident immediately and within 24 hours at the latest, sending a copy of the statement, the original of which must be delivered within two days at the latest. If the other driver refuses to sign the European Accident Statement, the renter must call the police and also give the lessor a copy of the police report.

H.3. The European Accident Statement must be completed in full and in as much detail as possible, regarding both the damage and the circumstances in which it occurred. The renter must sign it and obtain the signature of the other driver, if any. If the other driver refuses to sign, the renter must ask the police to attend the scene to establish the facts; otherwise, the renter will be considered responsible for the accident unless they prove otherwise.

H.4. The renter or the driver must take all useful and appropriate measures to clarify the circumstances of the claim. In particular, they must answer the lessor's questions about the circumstances fully and truthfully, must not leave the scene of the accident before the necessary checks have been made so that the lessor can assess it, and must not prevent the lessor from making those checks. The renter authorises the lessor to request a copy of the accident report or police report from the relevant authority or security force.

H.5. A claim or the theft of the vehicle does not automatically oblige the lessor to provide the renter with a replacement vehicle.

I. LIABILITY

I.1. The lessor is liable for loss and damage caused by its employees and other persons for whom it is legally responsible, in cases of wilful misconduct or gross negligence, unless it proves that it acted with due diligence to prevent them. Compensable loss and damage for breach of contract will be limited to foreseeable and reasonable direct loss (including towing, expert reports, legal costs, etc.) and will never extend to mere expectations.

I.2. The renter and the other authorised drivers will be liable without limitation for any breach of the regulations committed while the agreement is in force, in particular traffic offences. The renter will hold the lessor harmless against any penalty, fine, fee, surcharge and, in general, any cost imposed by the authorities. The costs of the administrative work the lessor must carry out to respond to requests from the authorities to identify the offender or other circumstances of an offence or crime will be borne by the renter, under the terms of section E.1.11.

J. TERMINATION OF THE AGREEMENT

J.1. The parties may terminate the agreement where there is a legal ground for doing so. The lessor may terminate it with immediate effect if the renter is more than two days late in paying any amount due or if there is another just cause. The following, among others, are considered just causes:

• The return of direct debits, cheques or charges on the card or payment method provided, unless the renter pays within two days, or failure to comply with the payment terms agreed with the lessor.
• The renter using the vehicle for an improper purpose or causing damage to it through wilful misconduct or gross negligence, including failure to carry out the maintenance or services the renter is obliged to carry out.
• Breach of the applicable transport regulations.
• Breach of any of the prohibitions in sections B.4 to B.8.
• And, in general, where, in view of the circumstances, the continuation of the rental cannot reasonably be expected; for example, in the event of a high number of claims or repeated exceeding of the maximum mileage.

J.2. If the agreement is terminated, the renter must immediately return the vehicle, the keys, the documents and the accessories. In any case, the lessor will be entitled to collect the vehicle from wherever it is located.

J.3. In the event of termination, the lessor may claim the loss and damage caused to it, including consequential costs (towing, expert reports, legal costs, etc.) and loss of profit for the time the vehicle is unavailable, calculated according to the FENEVAL certificate referred to in section C.5.

K. GENERAL PROVISIONS

K.1. The renter is entitled to receive a copy of these General Terms and Conditions in Spanish, as stated in the versions drawn up in other languages. In the event of any discrepancy, the Spanish version shall prevail.

K.2. Set-off of claims will take place in accordance with the legislation in force. In particular, the security deposit may only be set off after checking that the renter has fulfilled all their obligations, in accordance with section E.3.5.

K.3. If there is more than one renter or driver, all of them will be jointly and severally liable to the lessor.

K.4. All rights and obligations arising from these General Terms and Conditions and from the agreement extend to the authorised drivers.

L. AMENDMENTS

L.1. There are no agreements between the renter and the lessor other than those set out in writing in the rental agreement or in these General Terms and Conditions. Any amendment must be made in writing and signed by both parties.

M. CUSTOMER SERVICE

M.1. For any questions or complaints, you can contact our Customer Service:

• By email to rent@fauria.cat, stating the agreement number in the subject line.
• By telephone or WhatsApp on +34 623 427 796.
• At any of our offices, where you will be given a form for this purpose.
• By letter addressed to Fauria Grup SHS S.L., Customer Service Department, Avinguda de Vidreres, 3, 17310 Lloret de Mar (Girona), Spain.