Car Rental Terms and Conditions Car Rental Terms and Conditions

General Conditions of Vehicle Lease without Driver Definitions

Lessor:
Luca Angelo Ferrara (MS Car Rental) Avenida Huelva 37
03170 Ciudad Quesada
Alicante, Spain
NIF: Z2368099R
Tel. +34 656 404 115
E-mail: ms.rent.smart@gmail.com

Lessee:
Individual or company indicated in the Leasing Agreement that, by signing, declares to accept the Lease Conditions described below and the personal responsibility of the entrusted vehicle for its use in accordance with the Conditions indicated in the Agreement.

Vehicle:
Vehicle that constitutes the object of the Lease indicated in the Contract.

Contract:
Vehicle Lease Agreement between the Parties.

Parties:
Lessee or Lessor.

Driver:
Person indicated in the Contract by the Lessee, authorized to use the Vehicle during the term of the Contract.

I. General Information

1. The Lessee declares that he/she is over 25 years old and has held a valid driving license for at least 5 years.
2. The Lessee is obliged to present two identity documents (identity card or passport) and an original valid driving license.
3. The Vehicle expressly may not be used to:
• transport people or goods for subletting or profit,
• tow other vehicles, trailers or objects,
• participate in races, rallies or competitions,
• drive under the influence of alcohol, drugs, narcotics or substances affecting consciousness and reaction ability. 4. A third party not indicated in the Contract may not use the Vehicle without prior written authorization from the Lessor.
5. It is possible to add another Driver during the Contract period with prior authorization from the Lessor. Authorization can be obtained by email by sending identity documents and a scanned driving license to: ms.rent.smart@gmail.com
6. The Contract describes the Vehicle type, brand and all expenses payable by the Lessee.
7. The Lease duration is strictly defined in the Contract. Exceeding the agreed return time may result in additional

charges according to point 12.
8. The Lessor reserves the right to immediately recover the Vehicle at the Lessee’s expense if the Vehicle is used contrary to the Contract or in the event of delayed payment. The Lessor may retain the deposit.
9. The Lessee receives the Vehicle fully refueled and must return it with a full fuel tank.
10. If the Lessee fails to return the Vehicle or contact the Lessor within 12 hours after the Lease expires, the Vehicle may be reported to the Police as misappropriated.
11. The Lease may only be extended with prior authorization from the Lessor and advance payment.
12. Failure to return the Vehicle on time results in a charge of 115 EUR for each full or partial day of unauthorized use. The Lessee also assumes full responsibility for any damages or breakdowns.
13. The Lessee must comply with all road traffic regulations applicable in the country of use.
14. The Vehicle is delivered in good operating condition and must be returned in the same condition.
15. Costs of windshield fluids, bulbs, tire repairs and other consumables are paid by the Lessee.
16. The Vehicle must be returned clean inside and outside. Otherwise, additional cleaning charges apply.
17. The Lessee or Driver is obliged to:
• protect the Vehicle against theft,
• lock the Vehicle and activate anti-theft systems,
• protect keys and documents,
• check oil, coolant, brake fluid and tire condition regularly,
• use the correct fuel type.
18. Consumption of food, tobacco and alcohol inside the Vehicle is prohibited.
19. If the Vehicle is returned excessively dirty and inspection is impossible, the Lessee may be charged for damages discovered after cleaning.
20. The Lessor reserves the right to provide Lessee or Driver data to authorities when legally required.
21. The Lessee expressly agrees to the installation of a GPS tracking device in the Vehicle.

II. Travelling Abroad

1. Prior authorization from the Lessor is required to travel abroad. Additional insurance fees may apply. 2. The Vehicle may not be used in:
• Ceuta,
• Melilla,

• Canary Islands,
• Balearic Islands.
3. The Lessor will equip the Vehicle according to legal requirements for approved foreign travel destinations. 4. Permission for foreign travel may only be granted for:
• Portugal,
• France,
• Gibraltar.

III. Costs

1. All Lease costs must be paid at signing using a Visa or Mastercard card issued in the Lessee’s name. 2. Lease payment and refundable deposit are collected at the beginning of the rental.
3. The deposit is refunded within 7‒30 business days depending on banking procedures.
4. Early return of the Vehicle does not entitle the Lessee to reimbursement.

5. Cancellation of an online reservation incurs a fee of 65 EUR. Reservations cancelled less than 24 hours before pickup are non-refundable.
6. The Lessee authorizes the Lessor to charge all contractual fees to the payment card used.
7. Returning the deposit does not waive the Lessor’s rights to future claims.

8. Lease extensions are calculated proportionally according to the contractual daily rate. 9. All prices and fees are stated in EUR including VAT.

IV. Insurance

1. The Vehicle is insured with:
• CDW (Collision Damage Waiver),
• LDW (Loss Damage Waiver).
2. Insurance applies only when the Vehicle is used according to this Agreement.

V. Collision and Theft Damage Coverage

The Lessee accepts responsibility for the applicable deposit under CDW/TP coverage. Coverage does not apply in cases of:
• gross negligence,
• intentional misconduct,

• violation of law,
• violation of insurance terms.
The following are not covered:
• tires,
• windows,
• interior damage,
• upholstery stains,
• cigarette burns,
• missing accessories or equipment.
Replacement vehicles are not covered by damage waiver protection.

VI. Failure / Breakdown

1. In case of Vehicle immobilization, the Lessor will attempt to provide a replacement Vehicle. 2. No replacement Vehicle is provided in cases of:
• lost keys,
• lost registration documents,

• damage caused by Lessee negligence, • breakdown outside Spain,
• vandalism.

VII. Accidents, Damage and Theft

1. In case of accident, theft or damage, the Lessee must immediately contact the Police and obtain an official report. 2. All incidents must immediately be reported to MS Car Rental, Tel. +34 656 404 115, E-mail: ms.rent.smart@gmail.com
3. The Lessee must cooperate fully with the Lessor and insurance companies.

4. Failure to comply with reporting obligations results in full financial liability. VIII. Lessor Responsibility

The Lessor is not responsible for:
• personal belongings left in the Vehicle,
• fines,
• penalties,
• damages caused to third parties during the Lease period.

IX. Additional Fees / Costs

Vehicle downtime caused by misuse (per day): 115 EUR Unauthorized Driver: 215 EUR
Lost key: 65 EUR + replacement cost
Lost registration plate: 65 EUR + replacement cost Smoking in Vehicle: 165 EUR

Animal transport violation: 115 EUR
Dirty Vehicle return: 40 EUR
Heavy interior stains: 165 EUR
Damaged/missing rims: 65 EUR + replacement cost Wrong fuel: 515 EUR + repair cost

Unauthorized modifications: 815 EUR + repair cost Speeding above 140 km/h: 65 EUR
Missing equipment items: 65 EUR + replacement cost Vehicle misappropriation procedure: 515 EUR Refueling service: 35 EUR + fuel cost

Leaving Spain without authorization: 515 EUR Administrative authority information fee: 65 EUR Fine processing fee: 65 EUR + fine amount