1. PARTIES & RESPONSIBILITY

The Lessee (Client/Customer) is fully responsible for complying with all terms of this Agreement and the rented vehicle, and is the only authorized driver, regardless of who reserved or paid for it.

THE LESSOR – MOTORFAST RENT (represented by Ms. Pamela Barnaba, CIF Y4386751K, WWW.MOTORFASTMARBELLA.COM).

2. PICK-UP, CONDITION & FUEL POLICY

The Lessee receives the vehicle in perfect condition, verified and documented alongside any pre-existing superficial marks (surface scratches under 3 cm are considered normal wear and tear).

The fuel policy is full-to-full. Failure to refill correctly or using the wrong fuel constitutes negligence, and the Client agrees to cover all resulting roadside assistance, repair, and transfer expenses.

3. RETURN & LATE FEES

The vehicle must be returned to the agreed address, date, and time. Unauthorized delays incur a fee of 35€ per day (calculated hourly).

If unreturned 12 hours after the drop-off time (following reasonable contact attempts via phone, email, or SMS), it will be reported to the police as stolen, automatically suspending the contracted insurance. The Lessor may also demand immediate return in cases of misuse.

4. MECHANICAL BREAKDOWNS

In case of mechanical failure beyond control, the Lessor’s liability is limited to reimbursing the unused rental amount or providing a similar replacement vehicle. The Lessee must contact exclusively the authorized roadside assistance company designated by the Lessor.

5. DRIVER REQUIREMENTS & PHYSICAL CONDITION

The driver must hold a valid, up-to-date driving license officially recognized in Spain (Spanish, EU, or approved international permits) and have sufficient experience.

Operating the vehicle under diminished physical or mental capacity—due to fatigue, illness, alcohol, drugs, or medications—is strictly prohibited.

6. PROHIBITED USES & UNAUTHORIZED ACTIONS

Only the authorized Lessee may drive the vehicle (unless an additional driver is registered in writing).

It is strictly forbidden to tow, transport excessive loads, participate in races or test circuits, drive on unpaved/non-public roads, give driving lessons, commit illegal acts, or pledge/sell any part of the vehicle.

7. CIRCULATION RADIUS & MONITORING

The Lessee must operate the vehicle exclusively within a 35 km radius from the pick-up location and avoid restricted areas like port enclosures, airports, refineries, or closed circuits.

The Lessee acknowledges that the vehicle may be equipped with a GPS geolocation device to monitor compliance.

8. DRIVER’S MAINTENANCE OBLIGATIONS

The driver must monitor oil, hydraulic fluid, coolant levels, and tire pressure, and use the security locks provided when parked. No mechanical modifications, repairs, or part replacements may be carried out without the Lessor’s express authorization.

9. ACCIDENTS & COLLISION PROCEDURE

In the event of an accident, the Lessee must immediately notify the Lessor’s emergency line, follow instructions, accurately complete and sign the accident report form, and deliver a copy within 24 hours.

Replacement vehicles are not provided unless fault lies undeniably with another party via a police report or judicial decision.

10. VEHICLE DAMAGES & DEPOSIT USAGE

The Lessee is liable for all vehicle damages incurred during the rental period (whether operational or parked), recoverable via the security deposit.

If repair costs exceed the deposit, Basic/Standard/Top insurance policyholders must cover the full deficit out-of-pocket, whereas Excellence policyholders are covered subject to policy terms.

11. THEFT, LOSS & ACCESSORIES

The Lessee must immediately report any theft or loss to the Lessor and authorities, assisting fully in investigations.

Theft caused by Lessee negligence requires covering the full market value (per Ministry of Finance tables) plus loss of profit; otherwise, Excellence theft insurance applies.

Loss of keys, helmets, parts, or accessories will be charged at manufacturer replacement cost plus management/surcharge fees.

12. PASSENGERS, PERSONAL BELONGINGS & SAFETY

Passengers and drivers exempt the Lessor from liability for physical or material damages arising from vehicle use, and must wear mandated safety equipment.

The Lessor is not responsible for personal belongings or objects left, forgotten, or damaged in the vehicle.

13. TRAFFIC FINES & SEIZURE COSTS

The Lessee is solely responsible for paying all traffic fines, toll infractions, and towing/impound expenses incurred during the rental period, as well as compensating the Lessor for any operational downtime days caused by vehicle seizure, breakdown, or damage attributable to the Lessee.

14. INSURANCE COVERAGE

The rental price includes compulsory civil liability insurance for third-party damages and passengers.

Theft, vandalism, and personal damage to the rented vehicle or transported goods are excluded unless the “Excellence” extension (with a 250,00€ excess) was contracted.

15. RESERVATIONS & CANCELLATIONS

Cancellations made over 15 days before the rental start date receive a full refund; 15 to 5 days before incur a 50% retention; less than 5 days incur a 100% retention.

However, cancellation fees are waived if the Lessor successfully re-rents the vehicle for the exact same dates (retaining only operational/administrative costs). Late pick-ups do not qualify for partial refunds.

16. PRICING, PAYMENTS & CARD AUTHORIZATION

Rental prices and security deposits must be paid in advance via credit card, debit card, or cash. The security deposit cannot be used to extend a rental.

The Lessee explicitly authorizes the Lessor to charge all accrued debts, damages, fines, and theft costs directly to their payment card.

17. DATA PROTECTION (GDPR)

In compliance with Regulation (EU) 2016/679 (GDPR) and Spanish LOPD-GDD, personal data provided will be processed by MOTORFAST RENT solely to manage the rental, billing, legal obligations, and defense.

Data subjects may exercise their rights of access, rectification, and erasure by contacting the company or the Spanish Data Protection Agency (AEPD).

18. APPLICABLE LAW & JURISDICTION

This contract is governed by Spanish law. Any disputes arising from its interpretation or compliance shall be submitted to the Courts of Málaga, expressly respecting any mandatory consumer protection jurisdiction rules applicable by law.

In case of translation discrepancies, the original Spanish text takes precedence.

TABLE OF PENALTIES

BROKEN OR LOSS TOPCASE’S KEY: €20
BROKEN OR LOSS MAIN KEY: €120
MUNICIPAL CRANE EXPENSES: €250
MUNICIPAL RECOVERY COST PER DAY: €100
USING THE VEHICLE BY THE PERSON NOT INCLUDED IN THE CONTRACT: €150
ABANDONMENT OF THE VEHICLE BEFORE THE TERMINATION OF THE CONTRACT: €150