These General Conditions make up, together with the specific conditions to be signed by the customer, the rental agreement by which the provision of the Porsche Drive Service shall be governed (the “Specific Conditions” and the “Rental Agreement”, respectively).

Porsche may subcontract, in full or in part, third parties to execute the provisions derived from the Rental Agreement for the Lessor.

1. Parties of the Rental Agreement
   1. This Rental Agreement is signed between the customer, as the lessee (the "Customer"), and the Centro Porsche. ("Porsche" or the "Lessor"), as the lessor (together, the "Parties").
2. Book a vehicle
   1. The Customer can make a booking to rent a vehicle over the phone, by e-mail, on the website or in person, at the Porsche Drive authorised dealer (the "Booking Channels", respectively). Irrespective of the Booking Channel used, Porsche shall inform the Customer of the vehicles available for rent, providing information on the models, additional features, kilometres travelled, rental prices and the main terms and conditions that govern the Rental Agreement.
   2. To formalise a booking, the Customer must: (i) indicate which vehicle they would like to rent, specifying any additional features that they wish to have; (ii) state the number of days for which they intend to rent the vehicle and the pick-up and return time; and (iii) provide the following personal details: full name, nationality, driving licence and valid identity document or passport number, address, telephone number and e-mail address. Furthermore, the Customer must provide Porsche with the number of a credit card in their name, including the CVV security code and the expiration date, and the card must be valid for at least one (1) year. When the booking is formalised, two thousand five hundred euros (€2,500) shall be withheld on the card as a deposit. In the case of Turbo or GT models, this deposit will increase to five thousand euros (€5,000).
   3. Irrespective of the Booking Channel used, once a booking has been made, Porsche shall send an e-mail to the Customer confirming that the aforementioned has been made correctly (the "Booking Confirmation E-mail"). The Customer may only understand that a booking has been duly formalised when they receive the Booking Confirmation E-mail.
   4. The Customer is entitled to cancel the booking up to 24 hours before the Rental Period begins (pursuant to the definition of this term in Clause 5). In the event of a cancellation subsequent to the aforementioned period, the Customer must pay the cancellation fee specified in Clause 10.9. The cancellation fee shall be charged to the card provided by the Customer when formalising the booking or shall be offset against the Deposit to be made by the Customer (pursuant to the definition of this term in Clause 10).
   5. If the Customer does not pick up the vehicle within [30 minutes] from the start of the Rental Period ("No-Show"), the booking shall expire and the Lessor shall be free to rent out the booked vehicle to another person. In the event of a No-Show, the Lessor shall be authorised to charge the Customer [100]% of the Rental Price (pursuant to the definition of this term in Clause 6.1), charging the appropriate amount to the card provided when formalising the booking.
3. Signing of the Specific Conditions, Secondary Drivers, documents to be submitted when signing the Rental Agreement
   1. The Customer must sign the Specific Conditions before being given the keys of the Vehicle.
   2. It may be stipulated in the Specific Conditions that it is possible for the vehicle to not only be driven by the Customer, but also by additional drivers (the “Secondary Drivers”), in which case the Customer and the Secondary Drivers shall be jointly liable for fulfilling the obligations governed in the Rental Agreement, as well as for any damages that the Lessor and/or the vehicle may suffer as a result of their failure to fulfil the aforementioned.
   3. Before the Specific Conditions are signed by the Customer, Porsche shall check whether the Customer meets the conditions below, which must be fulfilled throughout the entire Rental Period. If this is not the case, the Lessor shall not allow the Customer to rent the vehicle:
      1. The Customer must have the following throughout the entire Rental Period and submit each one to the Lessor before signing the Rental Agreement: (i) a current driving licence, which is valid in Spain; (ii) a valid identity document from their native country or passport; and (iii) a credit card in their name, which is valid for at least one (1) year.
      2. If the driving licence of the Customer has been issued by a non-EU country, the Customer must also submit an International Driving Permit (IDP).
      3. The Customer must be at least twenty-five (25) years of age and have held their driving licence for at least five (5) years.
      4. In the event that the Customer, according to their driving licence, were only authorised to drive vehicles with an automatic transmission, the aforementioned may not rent vehicles with a manual transmission.
      5. If the Customer were to only hold a category B driving licence, the aforementioned may not rent vehicles that require other driving licence categories.
      6. The aforementioned conditions shall be applicable to Secondary Drivers.
   4. When Porsche delivers the Vehicle to the Customer, both Parties shall check that this is in good condition, and they must complete and sign a certificate of delivery for the vehicle which specifies, inter alia, the date and time that the delivery takes place, the kilometres travelled and the condition of the vehicle.
4. Returning the vehicle
   1. The vehicle must be returned to the place indicated in the Specific Conditions at the end of the Rental Period, always within the business hours of the authorised dealer or establishment where the return is to take place.
   2. In the event that the vehicle were returned before the end of the Rental Period, the Rental Price shall remain unchanged, with the Customer not being entitled to any type of refund.
   3. When the vehicle is returned, the Customer and Porsche shall check the condition of the vehicle together, and they must complete and sign a certificate of return for the vehicle which specifies, inter alia, the date and time that the return takes place, the kilometres travelled and the condition of the vehicle (the "Certificate of Return").
5. Rental Period
   1. The period during which the Customer shall be entitled to use the rented vehicle (the "Rental Period") shall start and end on the dates and at the times stipulated in the Specific Conditions.
   2. In the event of a No-Show, it shall be understood that the Rental Period must start on the date and at the time indicated in the Booking Confirmation E-mail.
6. Rental Price
   1. The rental price of the vehicle shall come to an amount which is determined based on the vehicle type and model, and the additional features, chosen by the Customer as well as on the duration of the Rental Period (the "Rental Price").
   2. The rates in force on the date of these General Conditions may be consulted on the booking Website www.porsche-drive.es.
   3. The Rental Price, calculated pursuant to the foregoing, shall be stipulated in the Specific Conditions and in the Booking Confirmation E-mail.
   4. The Rental Price must be paid by the Customer when the rental period finishes.
7. Use of the vehicle
   1. The Customer must immediately report any incident that arises in relation to the vehicle during the Rental Period to the Lessor.
   2. The Customer must use the vehicle with as much diligence as possible, in accordance with the instructions and the user manual found in each vehicle. In particular, the Customer must regularly check the oil and water levels and the tyre pressure. The vehicle and the top part of convertible vehicles must be properly closed whenever the vehicle is parked. Smoking is not permitted in the vehicle and animals are not allowed to be transported in it. In the event that the aforementioned is not observed, the Lessor shall be entitled to impose a fixed cleaning fee, as set out in Clause 10.9. This fixed cleaning fee shall also be paid if, when returned, the vehicle is found to be excessively dirty.
   3. The vehicle may only be driven by the Customer or by the Secondary Drivers. It is strictly prohibited to allow third parties to use the vehicle and, in particular, to subrent it . The Customer shall be liable to Porsche for any damages that the Lessor and/or the vehicle may suffer as a result of the vehicle being driven by a third party different from the Customer or the Secondary Drivers.
   4. The permitted blood alcohol limit is [0.0]‰. Driving under the influence of alcohol or any other intoxicating substance is strictly prohibited.
   5. The Customer must at all times observe any applicable law or regulation and, in particular, the motor vehicle circulation and road safety rules and traffic rules, and the vehicle must only be used on public roads.
   6. The vehicle may not be used, under any circumstances, to do motor sports or, in particular, in events in which the objective is to drive at the highest speed possible or in practice races for these events, even if the general public is permitted to drive in this way, and the vehicle may also not be used for test drives or road safety training. In the event that the Customer were to fail to fulfil this obligation, the Lessor shall be entitled to claim an amount of [TWO THOUSAND FIVE HUNDRED EUROS (€2,500)], as a penalty clause, plus compensation for any damages due.
   7. It is prohibited to transport hazardous substances, pursuant to the definition of the aforementioned in the Spanish regulations on hazardous substances in force at any given time.
   8. The vehicle may only be used for private purposes, and its use for business purposes such as, for example, transporting passengers in exchange for a price is prohibited.
   9. It is prohibited to make any structural alterations and any changes to the technical features of the vehicle.
   10. The vehicle may only be used in Spain, Portugal and Andorra. It is strictly prohibited to cross any border into another country.
   11. In order to counteract the high risk of theft of the vehicle in France, Italy, Spain and Portugal, the Customer must take more precautions than average (for example, they may only park the vehicle in car parks with surveillance, they must use [steering wheel locks], etc.). In the event that this obligation is not fulfilled, the Lessor may claim compensation for any damages due from the Customer.
   12. Any breach of the aforementioned rules shall constitute a serious failure to fulfil the conditions of the Rental Agreement and shall entitle the Lessor to terminate the Rental Agreement without warning and on justified grounds. This is understood to be without prejudice to the right of the Lessor to file any other claim, in particular, claims for damages.
8. Breakdowns and repairs
   1. In the event that any pilot light of the vehicle were to turn on or any message were to appear on the dashboard that could indicate a risk to the vehicle, passengers or traffic; if it is detected that the vehicle is not working properly; or if there is any breakdown or any repair is required, the Customer must immediately contact the Lessor by telephone via the following number:
      - Porsche Assistance contact telephone number: +34 900 111 911
      to come to an agreement with Porsche regarding the steps to be taken.
   2. The Customer must never try to repair the vehicle themselves, or allow anyone to try to carry out any repair. Furthermore, the Customer shall not be authorised to hire any third party to repair the vehicle.
9. Fuel
   1. The vehicle shall be delivered to the Customer, and it must be returned by the Customer, with the fuel tank full.
   2. Otherwise, the Lessor shall be entitled to charge the Customer the amount stipulated in Clause 10.9 per litre needed to fill the tank. The appropriate amount shall be deducted from the Deposit (pursuant to the definition of this term in the following Clause) or charged to the card provided by the Customer as set out in Clause 3.3.1.
   3. The Customer shall be responsible for the repair costs and for any other damages that are incurred by the Lessor and/or the vehicle as a result of the wrong fuel being put into the tank of the vehicle.
10. Collection of the Rental Price, the Deposit and other charges
    1. The Customer irrevocably authorises the Lessor to collect the Rental Price and any additional charges that are appropriate according to the Rental Agreement, charging these to the credit card provided when signing the Specific Conditions. The Lessor may collect the Rental Price and the aforementioned additional charges up to [six (6)] months after the vehicle has been returned by the Customer.
    2. As set out in Clause 6.4, the Customer must pay the Rental Price at the end of the Rental Period, when signing the Specific Conditions.
    3. Furthermore, when delivering the vehicle, the Customer must pay a deposit for the appropriate amount in order to guarantee the fulfilment of their contractual obligations (the "Deposit").
    4. The amount of the Deposit shall vary according to the vehicle which is rented.
    5. The Deposit shall be withheld on the credit card provided by the Customer for this purpose, and this card must be valid for at least [six (6)] months.
    6. Porsche undertakes to inform the Customer about the obligation to pay the Deposit during the process of booking the vehicle and when signing the Specific Conditions.
    7. In the event that when signing the Certificate of Return for the vehicle or in the [three (3)] following months, the Lessor states: (i) that the vehicle has been returned in a condition different to that in which it was delivered, (ii) that any part of the vehicle, the documentation delivered with it or any part of the rented additional features is missing, or (iii) that the vehicle has been returned with any kind of imperfection, damages and/or breakdowns whose repair is not covered by the insurance, the Lessor shall be entitled to offset any costs involved in returning the vehicle to its initial condition, replacing the parts that are missing or repairing imperfections, damages and/or breakdowns against the Deposit. In the event that the amount of the Deposit were not enough to cover these costs, the Lessor may demand the Customer to pay the difference.
    8. No interest shall be paid on the Deposit.
    9. Additional charges to be paid by the Customer, which may be offset against the Deposit or charged directly to the card provided by the Customer as set out in Clause 3.3.1:
       - Kilometres covered beyond the kilometre limit: ONE EURO (€ 1) per km.
       - Fuel costs (if the deposit is not full when the vehicle is returned): TWO EUROS FIFTY CENTS (€ 2.50) per litre.
       - Costs for processing fines and other penalties: THIRTY-FIVE EUROS (€ 35) per fine.
       - Fee for cancelling the booking less than (24) hours in advance: TWO THOUSAND FIVE HUNDRED EUROS (€ 2,500).
       - No-show: [100]% of the Rental Price.
       - Return transport costs (if the vehicle is not returned to the agreed place): TWO EUROS FIFTY CENTS (€ 2.50) per km.
       - Cleaning: ONE HUNDRED AND SEVENTY-NINE EUROS (€ 179).
       - Loss of the key: TWO THOUSAND FIVE HUNDRED EUROS (€ 2,500).
11. End of the Rental Period, returning the vehicle
    1. The Customer must return the vehicle at the end of the Rental Period. In the event that the Customer were to continue using the vehicle once the agreed Rental Period had finished, the Rental Agreement shall not be considered to be extended, without prejudice to the right of the Lessor to claim the penalties stipulated in Clause 11.2 as well as the damages incurred by the Lessor and/or the vehicle.
    2. If the Customer does not return the vehicle to the Lessor before the end of the Rental Period: (i) for reasons which are not attributable to the Customer: the Lessor shall be entitled to collect a penalty equal to the rental price which is due for the additional hours, days or kilometres that the vehicle is used, and this amount must be calculated with the rates used to calculate the Rental Price paid at the start of the Rental Period; and (ii) for reasons which are attributable to the Customer: the Lessor shall be entitled to collect a penalty equal to the rental price which is due for the additional hours, days or kilometres that the vehicle is used (calculated in accordance with the aforementioned) plus 50% of the Rental Price which has already been paid. The penalties in this clause must be paid by the Customer, without prejudice to the right of the Lessor to claim the appropriate compensation for any damages suffered by Porsche and/or the vehicle.
    3. The Customer must return the vehicle, all its accessories and documentation, and additional features to the place stipulated in the Specific Conditions, with the tank full, no later than the time at which the Rental Period finishes.
    4. In the event that the Customer, for whatever reason, did not return the vehicle to the place stipulated for this purpose, the amount referred to in Clause 10.9 for each kilometre that the vehicle must travel, plus any other costs that may result from travel (such as, for example, costs incurred by towing, or travelling to where the vehicle is, fuel costs, etc.) may be offset against the Deposit and/or charged to the card provided by the Customer as set out in Clause 3.3.1 by the Lessor.
    5. If the key is lost, the amount referred to in Clause 10.9 may be offset against the Deposit and/or charged to the card provided by the Customer as set out in Clause 3.3.1 by the Lessor.
    6. The Customer and the Secondary Drivers shall jointly be held liable to the Lessor for the condition in which the vehicle is found when it is returned, for the disappearance of any component, document or part of the additional features, as well as the failure to return the vehicle as agreed.
    7. In the event that the vehicle were not returned on the agreed day, the Lessor expressly reserves the right to file the appropriate complaint and to request the police to locate the vehicle.
12. Compulsory third party liability insurance
    1. The Rental Price includes compulsory third party liability insurance for motor vehicles in accordance with common Spanish legislation.
    2. However, this does not cover theft or disappearance of objects inside or on the vehicle.
13. Liability of the Lessor
    1. The Lessor shall be held liable to the Customer for any damages that may be caused to the aforementioned with fraud and/or gross negligence. [In the event of a breach due to ordinary negligence of an essential contractual obligation, the liability of the Lessor shall be limited to the foreseeable damages typical of the type of agreement concerned.]
    2. The Lessor is not liable for any objects left in the vehicle when it is returned, unless there is any fraud or gross negligence on the part of the aforementioned.
    3. If there are any defects in the vehicle when the Rental Agreement is signed, these are excluded from the liability of the Lessor.
14. Liability of the Customer, excess
    1. The Rental Price also includes first party liability insurance, which limits the liability of the Customer to the payment of the appropriate excess. Furthermore, the customer has the possibility to take out, in the booking process at the authorised dealer itself, an additional insurance package which exempts the customer from this excess.
    2. The Customer and the Secondary Drivers shall jointly be held liable for the payment of the excess, the amount of which shall reach six hundred euros (€ 600).
    3. Any damages that are caused as a result of the fraudulent action or gross negligence of the Customer shall be excluded from the insurance cover and, therefore, the repair of the aforementioned shall be paid in full by the Customer.
    4. Any damages that may be incurred as a result of the Customer failing to fulfil the obligations governed in the Rental Agreement due to fraud or gross negligence (in particular, the obligation to notify pursuant to Clause 16) shall also be excluded from the insurance cover. Nonetheless, if the nonfulfilment of the obligations governed in the Rental Agreement is not the cause of the damages, the insurance shall cover these, and the Customer must only pay the appropriate excess [(unless this nonfulfilment is a result of fraud or gross negligence)].
    5. Any damages that may be caused as a result of the vehicle being driven by a third party different from the Customer or the Secondary Drivers shall be excluded from the insurance cover.
    6. The insurance shall only cover damages that occur in countries in which use of the vehicle is permitted, as stipulated in Clause 7.10.
    7. Furthermore, the Customer shall have unlimited liability for any infringements of the rules in force (in particular, the motor vehicle circulation and road safety rules and traffic rules, as well as any other administrative rules) committed by the Customer or the Secondary Drivers. The aforementioned also includes infringements committed at the end of the Rental Period such as, for example, parking the vehicle in a car park where payment is required without the appropriate amount being paid.
    8. The Customer undertakes to compensate the Lessor for all fines, sanctions, fees and any other amounts that may be imposed on the Lessor by any public authority or any body regarding the Rental Period. The Lessor shall charge the Customer the amount stipulated in Clause 10.9 for each fine, sanction, fee or any other amount claimed by any public authority or body which must be processed by the Lessor. Moreover, the Lessor shall be entitled to claim the appropriate compensation from the Customer for the damages suffered.
    9. Any damages to the brakes, to operation and sheer breakages do not constitute accidental damages.
15. Enquiries from the public authorities
    1. The Lessor shall be entitled to disclose the name and the address of the Customer in response to written enquiries from a Spanish or foreign public authority, in connection with criminal offences or administrative infringements related to the use of the vehicle. Furthermore, the Customer must provide the Lessor with the names and private addresses of any third parties who have driven the vehicle. The Lessor shall also be entitled to disclose this information in response to enquiries from public authorities as defined above.
16. Obligation to report accidents, thefts and damages
    1. The Customer and the Secondary Drivers must immediately inform the police of any accident, theft, fire, injury, damaged caused by wild animals or other losses or damages in connection with the rented vehicle. If it is not possible to give this information by telephone, the incident must be reported to the police at the closest police station. The aforementioned is applicable even if the vehicle is slightly damaged, as well as if the accidents were the fault of the Customer themselves and/or the Secondary Drivers, without the intervention of any third party.
    2. In the event that the vehicle were to suffer any type of damage, the Customer and the Secondary Drivers must immediately inform the Lessor, by telephone and in writing, indicating all the details of the event that has caused the damage. To this end, the aforementioned must carefully and truthfully complete all sections of the preprinted accident report which they will find in the vehicle, and this must be submitted to the Lessor.
    3. The Customer and the Secondary Drivers must do everything possible to help explain the circumstances that gave rise to the damage. To that effect, they must fully answer any question from the Lessor in a truthful and accurate way. The Customer and the Secondary Drivers must not leave the scene of the accident until the relevant facts have been established.
    4. The Customer and the Secondary Drivers must never acknowledge their liability to third parties.
17. Locating vehicles (GPS tracking)
    1. Vehicles are equipped with a GPS tracking device which may be used by the Lessor to determine the location of the vehicle in the following cases: (i) objective facts are given which indicate the theft or misappropriation of the vehicle (for example, if the return time is passed and the vehicle has not been returned to the agreed place), (ii) any serious breach of these General Conditions takes place (for example, when there is objective evidence that the vehicle is being used outside the agreed area of use), or (iii) in the event that an accident or any other emergency occurs. It shall also be possible to determine the location of the vehicle in adherence to any official and/or legal requirements or obligations, such as official applications, of any public authority or court.
18. Termination
    1. Either of the Parties shall be entitled to terminate the Rental Agreement pursuant to the provisions of the law. The Lessor shall be entitled to terminate the Rental Agreement, without warning, for the following reasons: (i) inappropriate or prohibited use of the vehicle, in particular, contrary to the provisions of Clause 7; and (ii) involvement of the vehicle in a criminal offence.
19. Transfer and execution of the provisions of the Porsche Drive Service by third parties
    1. The Customer may not transfer or assign any of the rights, claims and obligations which are derived from the Rental Agreement for the aforementioned, or carry out any other operation that involves a provision by means of any title, tax, commitment and/or full or partial transaction, regarding the aforementioned rights and claims, unless consent is given in writing by Porsche beforehand.
    2. Porsche may transfer or assign, in full or in part, the rights derived from this Agreement and, in particular, any right to collect any amount from the Customer, to any third party.
    3. Porsche may execute the provisions specified in the Porsche Drive Service, in full or in part, through third parties.
20. Data protection
    1. In adherence to the legal provisions of Organic Law 3/2018 on protection of personal data and guarantee of digital rights, and in particular of the General Data Protection Regulation (“GDPR”), it is stated that the controller of personal data (the “Data”) is the Lessor.
    2. The identification and transaction data of the customer shall be processed in order to manage the Rental Agreement, on the lawful basis of the performance of the agreement which links the Parties, governed in article 6 (1) (b) of the GDPR.
       Furthermore, the geolocation data processed for the purposes indicated in clause 17 of these general conditions shall be processed on the lawful basis of the legitimate interest of the Lessor in preventing and investigating potential contractual or legal breaches related to the use of the rented vehicles. When the purpose is to provide the data subject or third parties with assistance in the event than an accident or an emergency has occurred related to the rented vehicle, the provisions of article 6.1 d) of the GDPR shall be applicable (processing is necessary in order to protect the vital interests of the data subject or of another natural person).
    3. Data shall not be disclosed to any third party outside Porsche unless this is necessary for the performance of the agreement, there is legal authorisation, or we have consent from the Customer to this end. Data may be transferred to companies of the Porsche group for internal administrative purposes, on the basis of the legitimate interest of the group in managing its customer agreements in a centralized and efficient way. Your data may also be disclosed to companies of the Porsche group in order for the aforementioned to carry out assessments and analysis on purchasing and behaviour aimed at optimising the offer and follow-up of the Porsche Drive programme and designing new Porsche strategies and products, as well as, when companies that promote the programme are concerned, checking that these are implemented correctly. The legal basis for the processing of your data is the legitimate interest of the companies of the Porsche Group in having more efficient sales strategies for products and services and, when companies that manage this are concerned, protecting the reputation of the brand and guaranteeing the maximum return of the programme. We shall also disclose your data to other companies of the Porsche group for business purposes if you have consented to this.
    4. In the event that data are transferred to companies whose processing site is not in a Member State of the European Union, Porsche shall ensure, before the data are transferred, that there is an appropriate level of protection regarding the aforementioned (for example, by means of an adequacy decision by the European Commission, through appropriate safeguards such as the standard agreement of contractual clauses of the Commission or the Customer consents to their Data being transferred).
       Porsche may provide general information on the recipients in third countries and a copy of the measure which has been specifically agreed on to guarantee the appropriate level of protection of the Data. To obtain the aforementioned, please contact the Data Protection Officer (the "DPO") via e-mail: [email protected].
    5. The data shall be stored while the Rental Agreement is in force and, subsequently, these shall be duly blocked, during the limitation period of any possible liabilities that may be derived from the contractual relationship established between the Parties.
    6. The Customer, as a data subject concerned by data processing, is entitled to exercise their right of access, rectification, erasure, restriction of processing, portability and to object to the processing of Data.
       To exercise these rights, the Customer may contact Porsche via e-mail: [email protected], providing an identity document proving their identity and specifying the right that they wish to exercise.
       Furthermore, the Customer may lodge a complaint to the Spanish Data Protection Agency.
       For any issue related to their privacy, the Customer may contact the Porsche DPO via the following e-mail address: [email protected].
21. Applicable law, jurisdiction
    1. The Rental Agreement shall be governed by the provisions of common Spanish law.
       In accordance with the provisions of article 52 of the Civil Procedure Act, the applicable jurisdiction for processes in which actions are brought in order to declare non-incorporation into the Rental Agreement or nullity of the clauses of the General Conditions, is that of the address of the Customer. When actions of declaration, of cessation or of retraction are brought regarding the aforementioned matter, the court of the place where the Lessor has its establishment and, in the absence of this, that of its address shall be competent; and if the Lessor were to lack an address in Spain, that of the place in which adherence has taken place shall be competent.