1. THE LESSEE

According to the Rental Agreement, the Lessee (also referred to as the Client) is the person who assumes full responsibility for compliance with the terms of these General Terms and Conditions and the Rental Agreement, as well as for the use of the rented vehicle. They are also the only person authorized to drive it, regardless of who made the reservation or payment.

THE LESSOR – Ms. Pamela Barnaba, administrator of MOTORFAST RENT, with NIF Y4386751K and the web domain WWW.MOTORFASTMARBELLA.COM, is considered the grantor of the rental agreement. Its employees and collaborators are authorized to act on behalf of the company under this agreement.

2. DELIVERY AND RETURN

The Lessee acknowledges that they will receive the vehicle described on page 1 of the Contract in perfect condition and working order, with its documentation and accessories (helmet, key fob, etc.). They agree to take care of them and drive the vehicle in compliance with traffic regulations and the Highway Code, according to the type of vehicle rented.

Before delivery, the Lessor will inspect the vehicle in the Lessee’s presence and note any visible cosmetic defects on the contract. These cannot be claimed upon return. The Lessee accepts responsibility for any additional damage to the vehicle upon return, whether driving or parked.

The Lessor will explain the operation of the vehicle and answer any questions the Lessee may have. The Lessee declares that they have fully understood the explanations. The fuel policy is full to full. The Lessee must return the vehicle with a full tank of fuel and the correct type of fuel.

The use of incorrect fuel or failure to refuel is considered negligence, and the Renter agrees to pay all costs of assistance, transportation, and repairs. The Renter must return the vehicle to the address indicated in the Contract, on the date and time established, with all documents, keys, and accessories, in the same condition as when it was delivered.

Any unjustified delay due to force majeure (according to Article 1105 of the Civil Code) will be penalized with €35/day, calculated hourly. If the Lessor demands the immediate return of the vehicle due to negligence or misuse, the Renter agrees to hand it over without any right to claim. Failure to return the vehicle after 12 hours will be considered theft and will be reported.

Driving with the contract expired and without authorization voids the contracted insurance and exempts the Lessor from all liability for accidents or violations committed during that period.

3. MECHANICAL WARRANTY

If, for mechanical reasons beyond the Lessor’s control, the vehicle cannot complete the rental period, the Lessor will only be obligated to refund the proportional portion of the unused rental amount. The Lessor may also replace the vehicle with a similar vehicle, adjusting the price according to the rate, with no further claims by the Customer.

If the vehicle cannot be driven, the Lessee should contact only the Lessor and its authorized roadside assistance company. Only assistance charges that have been previously authorized by the Lessor will be accepted.

4. DRIVER CONDITIONS

The Lessee guarantees that they meet the minimum age and experience required to drive the rented vehicle. They must hold a valid driver’s license for this type of vehicle, approved in Spain.

Licenses issued by Spain, countries within the European Union, and third countries recognized by Spain are considered valid. The Lessee guarantees that they are in adequate physical and medical condition to drive, and that they are not under the influence of alcohol, drugs, psychotropic medications, fatigue, or any other condition that impedes safe driving.

5. NEGLIGENCE AND MISUSE OF THE VEHICLE

Any action that violates traffic regulations, manufacturer specifications, or the Lessor’s instructions will be considered misuse. Abnormal wear of mechanical parts, especially tires, will be considered negligence. The Lessee will assume the costs of any damages caused and will not be entitled to reimbursements or claims.

6. USE OF THE VEHICLE

No person other than the authorized Lessee may drive the rented vehicle, unless expressly authorized in writing by the Lessor and added as an additional driver in the contract. Driving by another person will constitute a breach of contract, and in the event of an accident, civil and criminal liability will fall exclusively on the Customer.

7. TRAFFIC RADIUS

The Lessee agrees to drive the rented vehicle within a 35 km radius of the location indicated in the contract. Driving on roads is prohibited.unauthorized or unpaved roads, port areas, airports, refineries, circuits, or areas closed to traffic.

8. DRIVER OBLIGATIONS

The Lessee must comply with all Spanish traffic laws and regulations. They must monitor oil, fluid, coolant, and tire pressure levels, and report any mechanical anomalies. They may not make repairs or modifications without the Lessor’s authorization. If they fail to comply with these rules, they will be responsible for the costs of damages and downtime.

9. IN THE EVENT OF AN ACCIDENT

In the event of an accident, the Lessee must immediately notify the Lessor and follow their instructions. They must fill out the accident report correctly and submit it within a maximum of 24 hours. No replacement vehicle will be provided. The contract will be automatically canceled without the right to a refund, unless the other vehicle admits fault in an official report.

10. VEHICLE DAMAGE

The Renter will cover all damage caused to the vehicle during the rental period. These costs will be deducted from the security deposit. If the amount exceeds the deposit and the Customer purchased EXCELLENCE insurance, the insurance will cover the difference. If they chose BASIC, STANDARD, or TOP, they must assume the full cost.

11. LOSS OR THEFT OF THE VEHICLE

The Renter must immediately inform the Lessor in the event of an accident, loss, or total or partial theft. They will cooperate with the Authorities or Investigators. If the theft was due to negligence, the Renter must pay the market value of the vehicle. If the vehicle is ultimately recovered, the Renter remains responsible and will assume all repair and recovery costs. The Contract will be considered canceled without the right to any refund or reimbursement.

12. DAMAGE TO PASSENGERS AND PROPERTY

The Lessor is exempt from liability for personal or property damage suffered by occupants or their property during normal or abnormal use of the vehicle. The Renter must use the required safety equipment. The Lessor is not responsible for items left behind, stolen, or damaged in the vehicle.

13. FUEL POLICY

Refueling with diesel (if the vehicle requires gasoline) causes serious damage. This will be covered by the Lessee. The deposit will remain blocked until the repair invoice is presented. A minimum surcharge of €100 may be charged for loss of use.

14. FINES AND OTHER VIOLATIONS

The Renter will pay all fines resulting from violations during the rental period. If necessary, the Lessor will provide their identity to the authorities. The Client will also cover legal costs and vehicle immobilization costs if incurred by them.

15. UNAUTHORIZED ACTIONS

It is prohibited to tow, transport heavy loads, participate in races, drive on non-public roads, give driving lessons, or use the vehicle for illegal acts (trafficking, smuggling, etc.). It is also prohibited to sell, mortgage, or alter the vehicle. Failure to comply will result in immediate termination of the contract, and the Client will assume all legal and financial consequences.

16. INSURANCE COVERAGE

The Lessor provides the vehicle with mandatory civil liability insurance. It does not include theft or damage to the vehicle unless the Client purchases additional “comprehensive” insurance with a €250 deductible. Personal belongings are not covered.

17. LOST KEYS, HELMETS, AND LOCKS

Lost keys or helmets will be deducted from the deposit. If this is insufficient, payment by card is authorized. An additional charge of €50 will be added for each lost helmet.

18. VEHICLE RESERVATION

If the reserved model is not available, a similar model will be offered or the amount will be refunded. Cancellations made more than 15 days in advance will receive a 100% refund. Cancellations made between 15 and 5 days in advance will receive a 50% refund. Less than 5 days in advance will receive no refund.

19. RENTAL PRICE AND FEES

The rental price and deposit must be paid in advance. The deposit cannot be used to extend the contract. The Client authorizes the Lessor to charge their card for all amounts arising from the contract: rent, damages, theft, or any other obligation.

20. APPLICABLE JURISDICTION

The Client accepts this contract, regardless of their language or nationality. To resolve disputes, both parties submit to the courts of Málaga, waiving any other jurisdiction. In case of doubt, the original Spanish version shall prevail.

TABLE OF PENALTIES

LOSS OR BROKEN TOP TRUNK KEY – €15
LOSS OR BROKEN MASTER KEY – €100
MUNICIPAL TOWING FEES – €250
TOWING FEES RECOVERY AND MUNICIPAL DEPOSIT – €120/day
DRIVEN VEHICLE BY UNAUTHORIZED PERSON – €100
ABANDONING VEHICLE BEFORE CONTRACT END  – €100