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Contract

2. SUBJECT OF CONTRACT

2.1. The Lessor shall provide the car to the Lessee for temporary use, in good working order, and the Lessee shall be obliged to pay the rent for the vehicle and return the vehicle to the Lessor in good working order after the expiry hereof.

2.2. The car for lease is equipped in accordance with the list in Appendix 1 hereto, which is an integral part hereof.

2.3. To sign the lease agreement, the Lessee must provide the Lessor with copies of his/her national driving license, copy of his/her passport with personal data/NIF/NIE/CIF, and his/her residential address in Spain and permanent residence address (this requirement covers all persons who are going to drive the leased car).

2.4. The Lessor and the persons allowed to drive the car must be older than 21 (inclusively), unless otherwise agreed between the parties.

2.5. The cost of the lease tariff

INCLUDES: unlimited mileage, road user tax, IVA 21%, compulsory insurance of civil liability to third parties, vehicle carrier in case of a car accident, car replacement in case of breakdown, child seats, navigation, Second Driver service.

NOT INCLUDED: additional insurance (obtained at will), full fuel tank, cost of delivery of the car to the customer’s location (agreed upon separately).

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Lessor shall provide the car in good working order and with full fuel tank, and the car shall be returned with the full fuel tank as well, the cost of unused fuel will not be returned to the Lessee, though otherwise may be determined in case of short-term lease.

3.2. The Lessee shall drive the leased car on his/her own, using his/her own driving skills.

3.3. The Lessee shall not be entitled to change the car’s structure, remove or install its parts without the Lessor’s special permission.

3.4. After the expiry hereof, the Lessee shall be obliged to return the car to the Lessor, with all its belongings, with regard to normal wear, to a place agreed upon in advance.

3.5. In case of delay in the car’s return, the double cost of one day of lease shall be charged for each day of the delay.

3.6. The Lessee shall be obliged:

3.6.1. To pay the fines that arose during the vehicle’s lease; if the fine is paid after the expiry of the lease term, a charge of 40 euros will be charged in addition to the fine for its execution, and in case of non-payment, the Lessee’s data shall be sent to the police, and a payment request shall be sent to the address provided by the Lessee.

3.6.2. In case the car requires deep compartment cleaning after its return, the Lessor, at its own discretion, may charge 100 euros to the Lessee.

3.6.3. In case of loss of the electronic key, the Lessee shall additionally pay 100 euros or 30 euros in case of a key without electric control, and the cost of its handover by the Lessor.

3.6.4. The car should be returned to the Lessor’s parking place, or to another place agreed upon by the parties in advance.

3.7. In case of damages to the vehicle or a car accident, the Lessee shall be obliged:

3.7.1. To immediately inform the police or appropriate authorities, and the Lessor.

3.7.2. To collect the personal data of the witnesses of the accident, and other possible information (photo or video coverage of the accident scene), that can help restoring all the circumstances of the emergency.

3.7.3. In case there is no additional insurance, the Lessee must pay the cost of the car’s repair and its idle time in the repair shop, based on the company’s tariff, in case of the Lessee’s fault. The cost of the repair shall be determined by an official dealer of the car make involved.

3.8. The Lessor shall be obliged:

3.8.1. To provide child seats and navigation systems free of charge at the Lessee’s request.

3.8.2. Not to take any pledge and not to reserve any collateral amounts on the Lessee’s account.

3.8.3. To provide and accept the car at the agreed time.

3.8.4. In case of the car’s breakdown not at the Lessee’s fault, to eliminate the cause of the breakdown or provide another car as soon as possible.

4. UNAUTHORIZED USE

4.1. When using the car, the Lessee must use proper care and caution in the operation, in accordance with the car’s technical characteristics, abiding by the traffic regulations currently in force for motor transport, and in any case avoiding any situation that would bring damage to the car and third parties. The Lessee shall also be obliged not to permit the driving of the car by persons different from those authorized for that hereunder; provided that the Lessee shall bear direct responsibility for any damage or losses inflicted to the car or third parties in any appropriate case. Any case of disrespect of what is set in these paragraphs shall be construed as unauthorized use.

4.2. The Lessee shall bear full responsibility for damage inflicted to the car’s internal and external parts due to its unauthorized use, and in that case he/she must pay all the costs arising due to that.

4.3. In case of payment enforcement by judicial procedure, the Lessee must pay all the costs arising from the appropriate proceedings, services of lawyers, attorneys and legal costs, even if his/her participation in the proceeding is not obligatory from a procedural point of view.

4.4. Unauthorized use shall include the cases listed above as an example, but not limited to:

4.4.1. Towing or pushing of any other vehicle, trailer or other object.

4.4.2. Driving in places unsuitable for public transport, such as beaches, race courses, forest paths, country roads, etc.

4.4.3. Driving along non-asphalt roads or roads that are asphalt but have serious defects, which may be the cause of damages to the car’s body bottom plate.

4.4.4. Driving in the car within restricted access areas, including airport runways and other roads used for aviation and/or military purposes.

4.4.5. Negligent response to the appearance of light indicators or warning signals on the control panel of the leased car; provided that, by signing this agreement, the Lessee shall declare that he/she knows those indicators and signals.

4.4.6. Transportation of property or animals and, particularly, substances that are dangerous, inflammable and/or hazardous for the car, its driver or passengers.

4.4.7. Transportation of people or property that, directly or indirectly, implies payment to the Lessee.

4.4.8. Sublease of the car.

4.4.9. Use of the car for any illegal activity.

4.4.10. Transportation of such amount of people or baggage that is excessive for the car in question, according to the requirements of the manufacturer.

4.4.11. Any manipulations with the trip counter or impact thereon, provided that, in case of any faults in its operation, the Lessor must be informed immediately.

4.4.12. Transportation of baggage or any elements on the car’s roof, even with the use of any suitable equipment.

4.4.13. Leaving personal belongings in the car in plain sight, so that they may be stolen, which would entail related damage to the car.

4.4.14. Making the car’s compartment dirtier than after rational and careful use.

4.4.15. Driving the car in a tired, diseased condition, or under the influence of alcohol, medical or narcotic drugs.

4.4.16. Driving the car without any precautions.

4.4.17. Using the car to teach to drive, under any circumstances and/or to teach any skills related to being behind the wheel.

4.4.18. Driving the car without obeying the traffic regulations.

4.4.19. Driving the leased car by a person no permission for that pursuant hereto, whether as a Lessee and/or additional drivers.

4.4.20. Driving the car outside the Kingdom of Spain without any relevant agreement with the rent-a-car company.

4.4.21. Using the car after the expiry of the rental period.

4.5. Unauthorized use of the car by the Lessee shall give the Lessor the right to terminate the lease agreement prematurely by reason of its non-fulfillment by the Lessee at his/her own fault, and, in an appropriate case, to demand the appropriate compensation for the damage and losses incurred.

4.6. Smoking is prohibited in the vehicle. Penalty 200 euro.

4.7. For leaving the borders of Spain without green card and permission a 200 euro fine.

5. EFFECTIVE TERM

5.1. This agreement shall come into force from the moment it’s signed by the parties.

5.2. The Lessee shall be entitled to terminate this agreement at his/her own initiative, after a written notice to the Lessor 2 (two) days before the planned termination date. Provided that the rental cost will be re-calculated in such a case.

5.3. If the Lessee violates any provision hereof, the Lessor shall be entitled to terminate this agreement unilaterally without any preliminary notification and with the appropriate seizure of the vehicle, independent of its geographical position. In that case, the Lessor shall not bear any responsibility for loss or damage to objects and subjects belonging to the Lessee and found within the car at the moment of seizure, but shall do its best to take measures to protect the Lessee’s interests. The rental cost shall not be returned in such a case.

6. OTHER TERMS

6.1. Any changes hereto or terms and conditions not set herein must be executed as an additional agreement hereto in writing and signed by both parties.

6.2. This agreement has been drawn up in Spanish (the Russian and English versions have only been drawn up for better understanding of the Lessee), signed in two copies, one for each of the parties, and drawn up in accordance with the legislation of the Kingdom of Spain.

6.3. The parties will do their best to settle disputes and differences hereunder by their own means, and in case it is impossible to overcome the differences on their own, the parties shall be governed by the legislation of the Kingdom of Spain and apply to court in the territory of the Kingdom of Spain.