1. OBJECT

This Vehicle Rental Contract without driver is entered into between SICILY BY CAR SPAIN, S.L. (hereinafter referred to as “SBC”) and the Customer identified in the Specific Conditions (hereinafter referred to as “Customer”), and is governed by the following General Conditions and the preceding Specific Conditions:

2.DELIVERY AND RETURN OF THE VEHICLE

2.1. The present Contract is valid for the period indicated in the Specific Conditions, starting from the date and time of delivery of the Vehicle to the Customer and ending on the date and time of return of the Vehicle to the Rental Company.

2.2. The Vehicle is rented in good working and clean condition, without any apparent defects other than those described in the "Vehicle Delivery/Return" document, jointly verified by the Customer and the SBC employee, which is an integral part of this contract and is incorporated herein by reference for all purposes.

2.3. The Customer undertakes to return the Vehicle in the same condition in which it was delivered, including the respective documents, accessories, spare parts and equipment, as well as in a state of cleanliness that allows for its inspection upon return.

2.4. If the Customer uses the Vehicle for purposes other than those provided for in this Contract or in violation of the law, particularly the Spanish Highway and Safety Code (1), SBC may immediately terminate the Contract.

The Customer will be required to return the Vehicle to the location indicated in the specific conditions within 24 hours of receiving the termination notice. SBC may immediately seize the vehicle with the assistance of law enforcement, at the Customer's expense.

2.5. Any extension of the rental period or a change in the Contract terms requires a written agreement between both parties, which will constitute a Contract Amendment. The Customer is responsible for any costs incurred in altering the Contract.

2.6. The Vehicle must be returned to SBC representative on the agreed date and at the location specified at the start of the rental contract, during business hours, with a joint check-in of "Vehicle Delivery/Return." SBC offers the Customer a service for delivering and returning vehicles outside business hours, subject to a service fee listed in the price list available at all SBC branches and on the website www.sicilybycar.es

2.7. If the Customer does not return the vehicle at the agreed date and time, the Customer will be responsible for paying SBC for the delay in returning the vehicle (with a tolerance of 59 minutes for the scheduled return time) and for each day of delay, compensation equal to the daily rate in effect on the scheduled return date, for the rented Vehicle group, plus the amounts corresponding to all services and/or extras subscribed to and/or applied at the beginning of the rental.

2.8. In case of damage to the vehicle or missing parts/accessories/documents upon return, or if the vehicle requires special cleaning, SBC will charge for the repair of the damage or replacement of the missing items, as well as extra cleaning/washing, according to the price list, available for consultation at all SBC branches or at www.sicilybycar.es.

2.9. SBC will not be responsible for losses/thefts/damages of material goods, personal belongings, or merchandise left in the Vehicle during or after the rental period.

(1) Consolidated Text approved by Royal Legislative Decree 6/2015, of October 30, which approves the consolidated text of the Law on Traffic, Motor Vehicle Circulation, and Road Safety; Royal Decree 1428/2003, of November 21, which approves the General Traffic Regulations for the implementation and development of the articulated text of the Law on Traffic, Motor Vehicle Circulation, and Road Safety, approved by Royal Legislative Decree 339/1990, of March 2; Royal Decree 2822/1998, of December 23, which approves the General Vehicle Regulations; and Royal Decree 818/2009, of May 8, which approves the General Driver Regulations.

3.TERMS OF USE

3.1. The renter and all authorized drivers must present a driving license issued for at least one year and a valid identity card, passport or national identification document.

Copies of documents, digital driving licenses (except those issued by Spain entity DGT, in this case the customer need to show the operator his driving license through the DGT application on his mobile phone), learning driving licenses and driving licenses with restrictions are not accepted.

Please note that if you do not hold a European driving license you must show an international driving license on top. Driving licenses written in the non-roman alphabet must be accompanied by an international driving license.

3.2. The minimum age to rent a vehicle is 25 years old. It is possible to rent vehicles belonging to groups A/A1/AA/B/C/C1/CA/E/E1/EA/FS/FS1/FSA/GS/G1/GA even though the driver is under 25 years old, with a driver licensee issued from minimum 1 year, upon activation the "Young Driver" service.

3.3. For vehicles belonging to groups HA/H1A/HSA/JA/JWA/JSA/LA/LWA/LSA/M/MA and the driver must be 25 years old.

3.4. For all car groups, the maximum age permitted is 82 years old.

3.5. During the rental period, the Customer must take care of the Vehicle and use it safely, legally, and appropriately, paying attention to the oil level, water, and tire pressure, ensuring that whenever the Vehicle is not in use, it is parked in a safe location and locked, and that items that could lead to theft, robbery, or damage to the Vehicle are not visible from the outside.

3.6. All the vehicles are usually delivered with a full tank of fuel. Should the vehicle be returned without a full tank of fuel a charge of € 40 will be applied for the refuel service surcharge plus the cost of the missing fuel calculated at the current market price per liter.

If the tank is not full, the customer is authorized to return it with the same level of fuel existing at the beginning of the rental. The counter staff will block a deposit on customer’s credit card as guarantee.

3.7. Concerning the vehicle, tools, parts, and components and their documents, the Customer is prohibited from performing the following acts: subletting, lending, transferring, selling, encumbering, pledging, modifying, or placing advertisements.

3.8. The Customer agrees not to use or allow the use of the Vehicle for:

1. transporting passengers or goods in violation of the applicable laws and regulations.
2. transporting passengers for express or tacitly agreed remuneration.
3. for sporting events or training, official or not.
4. by a person under the influence of alcohol, drugs, or any other substance that directly or indirectly reduces their perception and reaction capacity.
5. outside the Ibiza territory, SBC vehicles CANNOT go to Formentera Island or on any ferry transport.
6. driving in locations not suitable for public transport, such as beaches, race tracks, forest paths, private roads, dirt roads, gravel roads, or roads/paths unsuitable for motor vehicle traffic, regardless of the absence of signage or technological equipment indications (e.g., GPS);
7. acting negligently regarding the information provided on the instrument panel or warning signals of the rented vehicle, which the Customer acknowledges at the time of signing the Rental Contract;
8. driving on unpaved roads or paved roads with severe defects that may cause damage to the underside of the vehicle;
9. smoking is prohibited inside the vehicle.

4.RESPONSIBILITIES AND CHARGES OF THE CUSTOMER

4.1. The Customer is responsible for paying the rental price, which is determined by the rate in effect for the selected vehicle category. Payment must be made with the authorized driver's credit card or debit card; cash payments are not accepted.

4.2. The rates include unlimited mileage (unless otherwise specified), Collision Damage Waiver (CDW), Theft Protection, Third-Party Liability (TPL), Roadside Assistance, VAT, vehicle preparation and registration fees.

4.3. Premium Location Fee (collections at airport locations) not included in the rate, 13 % of any extras taken on collection.

4.4. The Customer will be the sole driver of the rented vehicle, unless an additional driver is specified in the rental contract or attached to it, which will involve the payment of the extra fee indicated in the price list available at all SBC counters or at http://www.sicilybycar.es/.

In this case, the Customer is responsible for ensuring compliance with these General Conditions by any additional driver or any passenger authorized by the Customer to travel in the vehicle. The Customer is also responsible for any costs or charges incurred by SBC as a result of non-compliance with these General Conditions by an additional driver or passenger.

4.5. In addition to other obligations established in this Rental Agreement, the Customer is required to:

1. Pay the rental price of the Vehicle according to the applicable rates or those previously agreed upon.
2. Pay the amounts related to the deposit/excess due for the rental, in accordance with the rate in effect at the time of rental.
3. Pay for optional services and/or extras subscribed by the Customer and described in the Special Conditions of this Contract, including the daily fee for using the toll service, as per the price list.
4. Not exchange parts and any components and/or accessories of the Vehicle.
5. Return the Vehicle with its interior in a similar state of cleanliness as when it was delivered. Failure to comply with this obligation will result in the charging of the "Special Cleaning" extra, as listed in the price list.
6. Pay the costs incurred by SBC due to the removal of incorrect fuel from the Vehicle, as well as any repairs resulting from incorrect fuelling, as provided in the price list.
7. Pay the costs of issuing the Vehicle’s documentation, in case of theft or loss by the Customer, plus the administrative service fee, as per the price list.
8. Cover all expenses incurred by the Customer during the rental period, including parking, towing, tolls, fines, additional sanctions, penalties, and all violations related to the use and driving of the Vehicle.
9. Cover all expenses, fines, or other charges related to the immobilization of the Vehicle when it is seized by police authorities due to any illegal acts attributed to the Customer, including the illegal transportation of goods.
10. Pay an administrative fee if SBC is notified by the competent authorities, as a result of an infraction or illegal act committed by the Customer, to identify the driver, as provided in the price list.
11. Cover all expenses, including court costs and attorney fees, incurred to obtain payment of any amount due by the Customer under this Contract, provided they are properly documented and presented to the Customer.
12. Without prejudice to the provisions of paragraph k), cover all repair costs for damage caused to the Vehicle during the rental period, when the Customer is legally responsible, including but not limited to impacts, collisions, rollovers, fire, acts of vandalism, and/or theft or robbery of the Vehicle.
13. Cover theft, robbery, or total loss of the Vehicle, for any reason, up to the amount of the Deductible indicated in the Rental Contract and upon presentation of proof of report to the police and delivery of the Vehicle keys.
14. Under this contract, the Customer is required to provide a telephone contact and email address, which will allow for the execution of this rental agreement.

5.VEHICLE MAINTENANCE

Mechanical maintenance resulting from the normal use of the Vehicle is the responsibility of Sicily by Car Spain. If the Vehicle is immobilized, any repairs or interventions on the Vehicle can only be carried out by the Customer with the agreement of Sicily by Car Spain and in accordance with all instructions given to the Customer. If the repair or intervention is authorized by Sicily by Car Spain, the Customer must present an invoice issued in the name of Sicily by Car, describing the intervention carried out, the parts replaced, and the respective labor costs.

6.INSURANCE AND COVERAGES

6.1. The Customer and/or authorized driver is insured under a third-party liability insurance policy in accordance with the legal provisions of the country, covering the risk of personal or material damages caused to third parties, as well as CDW and TP coverages, which are included in the rental price for all vehicles:

1. CDW – Collision Damage Waiver – which generally covers damage to the vehicle, including damage resulting from Collision, Rollover, Fire, Lightning or Explosion, Theft and Robbery, Vandalism, and Natural Phenomena, with the Customer being subject to the payment of a deductible, the base amount of which varies depending on the vehicle group;
2. TP – Theft Protection – The Customer 's liability for damage caused by theft or robbery of the Vehicle is limited to the maximum amount of the deductible, calculated according to the applicable table at the time of reservation confirmation, unless the Customer fails to comply strictly with the provisions of this rental contract, the rules of the Road Code—as previously referenced—.

6.2. If the Customer wishes, they may opt for other coverages that reduce their liability in the event of an accident, which can be consulted in detail at www.sbcspain.es or at all SBC agencies, namely:

1. MCP – Medium Coverage Protection – which generally covers damage to the vehicle, including damage resulting from Collision, Rollover, Fire, Lightning or Explosion, Theft and Robbery, Vandalism, and Natural Phenomena, with the Customer being subject to the payment of a reduced deductible, the calculation of which varies depending on the vehicle group.
2. SCP – Super Protection Coverage – which includes total elimination of penalties for damage and theft, damages to the vehicle resulting from Collision, Rollover, Fire, Lightning or Explosion, Theft and Robbery, Vandalism and Natural Phenomena, Glass in general, Locks, and Wheels. All damages caused by negligence and careless driving of the vehicles are never covered, even if the Customer has subscribed to the Super Protection Coverage at the start of the rental.
3. EP – Extra Protection – When subscribed, it covers damage to the windows, tires and rims, mirrors, headlights, and lights of the rented vehicle. It does not include damage to the lower and upper parts of the bodywork or the interior of the Vehicle, loss or damage to keys, and documents.
4. RAP – Roadside Assistance Plus – The Customer's liability for towing and on-site assistance will be eliminated in case of damages resulting from broken windows, locks, wheels, as well as damages to the vehicle's lower part, roof damages, interior vehicle damages, incorrect fuel refueling, loss of keys, and damage to the batteries of electric vehicles caused by the driver.

6.3. Damages due to negligence on the Vehicle, Damages under the Vehicle, Roof Damages, Interior Vehicle Damages, Incorrect Fuel Refueling, Loss of Keys, and Damages to Electric Vehicle Batteries are expressly excluded from CDW, TP, MCP, EP, and PAI coverages and are therefore not subject to any reduction or coverage.

6.4. For the purposes of the previous clause, the following actions are considered acts of negligence and, therefore, are not subject to any reduction or coverage, being further understood that such list is not exhaustive:

1. Unauthorized or driving of the vehicle without a license.
2. Non-compliance with the vehicle's maximum height.
3. Driving in areas unsuitable for traffic.
4. Improper use of the vehicle or contributing to its damage/theft.
5. Collision with hanging, suspended, or obstructive objects on the road.
6. Damage caused by gates or barriers in parking lots.
7. Driving on poorly maintained roads without due care, resulting in vehicle damage.
8. Driving on the beach or in unauthorized areas where the vehicle's integrity may be at risk.
9. Driving on flooded roads.
10. Refueling the vehicle with the wrong fuel or otherwise contaminating the fuel with other substances, including additives.
11. Damage resulting from ignoring traffic lights.
12. Damage to the clutch (due to frequent improper use) or incorrect use of the handbrake.
13. Damage to the wheels caused by driving with a flat tire.
14. Placing unauthorized objects inside or outside the vehicle.
15. Transporting dirty or contaminated materials that require additional cleaning costs or that damage or burn the interior.
16. Damage resulting from leaving the keys inside the car or losing them.
17. Damage resulting from leaving the window open.
18. Using the vehicle in demonstration races, events, or sports circuits, including private or public track days.

7.ACCIDENTS, THEFT, AND ROBBERY

7.1. The Customer must notify the competent authority of the theft or robbery of the vehicle within 24 hours of its occurrence, as well as inform SBC of the incident. The Customer must personally go to the SBC representative to deliver the original vehicle key and the official statement issued by the authorities.

7.2. In the event of an accident, the Customer is required to report the incident to the Balearic Emergency Service (+34) 112, provide all requested information, fill out the accident report or DA (Friendly Auto Accident Report), whenever third parties are involved, and the vehicle is unable to continue driving. The Customer must ensure the accuracy of the facts and sign the report with the nearest Sicily by Car Spain representative within 24 hours:

1. The Customer must fill out the accident report or DA with the circumstances of the accident, including the date, time, location, names, and addresses of witnesses, the names and addresses of the third party involved, and the registration, make, insurance company, and policy number of the third party's vehicle.
2. The Customer must not abandon the Vehicle without taking appropriate measures to protect it.

7.3. The subscription of any additional liability reduction services does not exempt the Customer from the obligations established in 7.1 and 7. 2.

7.4. Failure to comply with the above obligations will result in the Customer being liable for all repair costs resulting from the accident or for the maximum deductible in the event of theft or robbery.

7.5. In the event of an accident involving third parties, whenever possible, the Customer should take photographs of the vehicles involved in their post-accident positions, as well as of the damage to the vehicles, and subsequently provide these to SBC.

7.6. If the Customer detects any technical issue with the vehicle, they must immediately immobilize it and contact SBC via the 24-hour roadside assistance +34 684 795 990.

8.DAMAGE RECOVERY

Upon returning the vehicle, the Customer and the SBC employee will conduct a joint inspection to check for any new damages, which will be recorded in the 'Vehicle Delivery/Collection' document.

8.1. If new damages are detected (not present during the initial inspection and therefore not recorded in the 'Vehicle Delivery/Collection' document) and if they are not covered by any service contracted to reduce and/or eliminate the Customer's liability (Medium Coverage Protection or Super Coverage), the billing procedure will be as follows:

1. In the case of damages, the repair cost of which is listed in the SBC 'Damage Table,' available at all agencies and on www.sicilybycar.es , the SBC employee will identify and quantify the damage with the Customer and debit the corresponding amount from the authorized credit card.
2. For damages not included in the 'Damage Table,' once identified with the Customer, the SBC employee will block as a deposit the amount on the Customer's credit card, pre-authorized at the start of the contract, until the damage is quantified through an appropriate damage report, which will be sent to the Customer via email along with supporting documents and the respective repair cost. After 5 days from the email's dispatch to the Customer containing this documentation, SBC will debit the total amount due for the repair of the damages.
3. In any situation, the Customer may contest the damage and/or its quantification. In such cases, SBC will consider the Customer's reasons and provide feedback. If the Customer's dispute is accepted, no charge will be made, or a refund will be issued if the damage has already been charged. If the Customer's dispute is received within 5 days after the notification was sent containing the charge notice, the process will be temporarily put on hold, and no charge will be made until all verifications are completed.

8.2. If the Customer reports an accident not caused by themselves, SBC will charge a deposit amount based on the SBC damage scale or an appropriate damage report (for damages not included in the SBC damage scale) while waiting for the insurer's process to be completed. If the insurer provides compensation, this amount will be deducted from the amount charged to the Customer. If the damage caused by the accident are attributable to the Customer, they will be charged the remaining amount due and the cost of the damage report (if issued).

8.3. If the Customer reports an accident not caused by themselves and also presents a DA signed by the third party, no amount corresponding to liability for damages will be charged. If the third party's insurer does not cover the damages due to the form being incomplete, inadequate, or the accident resulting from negligence, the amount of the damages caused to our vehicle up to the maximum penalty contractually established will be claimed by SBC from the Customer.

9.PAYMENTS, SECURITY DEPOSITS, AND DEDUCTIBLES

9.1. The minimum rental period for the Vehicle is 24 hours from the start of the rental contract, and the total rental price will be calculated based on the number of days the Vehicle is in the Customer's possession, depending on the applicable rental rate and any optional extras and services contracted under this Rental Agreement.

9.2. To ensure compliance with the obligations arising from the Agreement, the Customer must provide a security deposit in the amount specified in the specific conditions, corresponding to the deductible applicable to the type of rented vehicle or the minimum deductible in the event of contracting any extra coverage, on a credit card held by the Customer, expressly authorizing SBC to debit the amounts due for all costs incurred with the rental and related charges, including the cost of repairing damages and/or breakdowns, provided they are duly demonstrated and passed on to the Customer, as stipulated in Clause 7 above; administrative service fees, taxes, and other costs related to fuel missing from the Vehicle at the time of return.

9.3. The security deposit will be refunded after the vehicle is returned to SBC, and after all contractual amounts due have been settled, provided the vehicle does not show any non-conformity, which will generally occur on the next business day after the contract is closed. In the event of any non-conformities, such as damage or breakdowns, the security deposit will be withheld until a technical evaluation is carried out to estimate the repair costs and potential retention, under the previous paragraph and Clause 7. If there are any outstanding amounts, including those related to the repair of damages and/or breakdowns, under the previous paragraph, SBC will use the security deposit, in whole or in part, for its payment, without prejudice to any extrajudicial and/or legal claims for the outstanding amount.

9.4. For the purposes of the previous paragraphs, the Customer must present a valid credit card and expressly authorize SBC to make the indicated debits, accepting that such debits may occur after the end of the Rental Agreement, upon confirmation by SBC that they are related to the rental and/or related charges and are the Customer's responsibility under the terms and conditions of this Rental Agreement.

9.5. Any claim by the Customer regarding the existence or quantification of their charges must be submitted and communicated to SBC no later than the 30th day following the Customer's receipt of the final account, notwithstanding any legal rights they may have.

10.REPLACEMENT VEHICLE

SBC is free to refuse to provide a replacement vehicle to the Customer in the event of an accident, breakdown, theft, damage, or for any other reason, without the need to justify the reason for its refusal.

11.LOSS OF OBJECTS

SBC will not be responsible in any case for the loss of objects that the Customer or a third party may have left in the Vehicle during the contract period or upon returning the Vehicle.

12.CANCELLATION POLICY

12.1. The Customer may cancel their reservation by contacting the SBC Reservations Department via email at reservations@sbcspain.es, without any penalty, as long as the reservation is canceled no later than 72 hours before the rental starts.

12.2. If the reservation is cancelled less than 72 hours before the rental starts, a penalty will be applied, according to the reserved vehicle group, as specified in the price table accessible at all SBC agencies and on www.sicilybycar.es

12.2.1. The aforementioned penalties will apply even for 'last-minute reservations' with pickup within 72 hours after the reservation request.

12.2.2. If the Customer does not receive a refund of the difference between the amount of the mentioned penalty and the amount actually paid at the time of booking, they may send a refund request via email to customersupport@sbcspain.es

12.3. Changes to reservations are not allowed.

12.4. If the Customer does not show up within 2 hours after the scheduled pickup time indicated in the reservation, the vehicle may no longer be available at the counter unless the Customer has previously informed the pickup location staff of any delay or provided the arrival flight number and a contact number.

12.4.1. In case of no-show, the Customer is not entitled to any refund of the amount already paid.

12.5. In the case of early return of the rented vehicle, SBC will not refund unused days, as the rate for prepaid reservations is lower than the rate for reservations payable locally at the time of vehicle pickup.

13.INFORMATION AND ELECTRONIC SIGNATURES

13.1. By signing this Agreement, the Customer declares that all clauses have been timely and expressly communicated and explained by the Rental Company, and that they are aware of them.

13.2. The parties irrevocably and expressly agree that the contract will be concluded electronically, through a digitized handwritten signature or any other suitable process, which for all purposes has the value of a private document written and signed by both parties.

13.3. After the electronic signatures are affixed to the contract, a copy of the contract is immediately sent to the email addresses of the parties identified in the specific conditions, which constitutes sufficient proof for the authorities whenever required.

13.4. The parties also agree that the electronic signature fulfills the same functional objectives as the handwritten signature, namely:

(a) It unequivocally identifies the signatory,

(b) Its placement on the document depends exclusively on the will of the signatory, and

(c) It preserves the integrity of the document.

13.5. In case of technical or human impossibility to use an electronic signature, the contract will be signed by the parties on paper and by hand.

14.PERSONAL DATA

14.1. SBC is responsible for the processing of the Customer's personal data.

14.2. The personal data collected under this Agreement will only be used for the following purposes:

(a) In connection with the vehicle rental agreement, based on the execution of the same and compliance with legal obligations to which SBC is subject; and

(b) To send communications of marketing campaigns, product, or service offers tailored to your interests, based on your consent.

14.3. The data in question will not be used for any other purpose without the Customer being previously informed and, if necessary, without obtaining their prior and express consent and will be retained by SBC as long as the contractual relationship between the Parties continues and/or for the additional period necessary to comply with deadlines provided by law and/or for the defense of rights and interests in judicial proceedings.

14.4. SBC may disclose the personal data collected to its service provider(s) to pursue the purposes described, as well as to Regulatory and Supervisory entities, judicial authorities, insurers, and other entities to which it is obliged by compliance with legal and regulatory duties, ensuring the confidentiality of such data.

14.5. SBC may disclose the personal data collected to its service provider(s) to pursue the purposes described, as well as to Regulatory and Supervisory entities, judicial authorities, insurers, and other entities to which it is obliged by compliance with legal and regulatory duties, ensuring the confidentiality of such data. SBC has implemented the necessary technical and organizational measures to ensure an appropriate level of security to the risk and to the personal data being processed.

14.6. The Customer may exercise the rights conferred by law (access, rectification, erasure, restriction, objection, portability) and withdraw their consent by writing to the following email address: dpo@sbcspain.es without prejudice to the right to lodge a complaint with the competent supervisory authority.

14.7. If the Customer wishes to learn more about how their data is processed, they should send an email to dpo@sbcspain.es.

14.8. All the foregoing, in accordance with the Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights).

15.GEOLOCATION

15.1. SBC has a geolocation system in its vehicles.

15.2. This system is used for the following purposes:

(a) Asset protection; and

(b) For criminal investigation purposes and possible recovery of the asset in case of vehicle theft.

15.3. The information collected by the geolocation system will be processed internally by SBC.

15.4. SBC will subcontract services associated with the geolocation systems, which will have access to the system's data under the respective contract.

15.5. These subcontractors have implemented all technical and organizational security measures appropriate to the processing performed.

15.6. The data collected by the geolocation system may also be disclosed to judicial authorities.

 

16.FINAL PROVISIONS

16.1. The Agreement is governed by Spanish law. For any disputes that may arise under the vehicle rental contract without a driver, the contracting parties agree to submit to the jurisdiction of the competent courts of Barcelona, except in cases where the law restricts the autonomy of the parties' will and does not allow for the conventional jurisdiction established herein, in which case the legal jurisdiction must apply.

16.2. The Customer accepts and is aware of these General Conditions, which were timely explained and previously sent by SBC at the time of reservation.