VEHICLE RENTAL TERMS AND CONDITIONS

– When picking up the vehicle, you must present your driver’s license, ID card, or passport and ensure that none of the documents have expired.
– The customer must present a valid credit card (VISA, MasterCard, or AMEX) as a guarantee for the rental in the name of the person listed as the primary driver.
– The minimum age requirement for drivers is 23 years old. Drivers must have held a driver’s license for at least 2 years. Drivers under 25 years of age or drivers who have held a license for less than 4 years must pay an additional insurance fee of €5 per day (minimum €15 and maximum €50 per contract). The validity and validity of the driver’s license is the sole responsibility of the CUSTOMER, who will be solely responsible to the authorities for the unsuitability of said license.
– At Miami Car Hire, we do not set an upper age limit for car hire. However, drivers aged 75 or over must take out our senior driver insurance (€5 per day, minimum €15 and maximum €50).
– Reserving a vehicle category or group does not entitle the renter to choose a specific make or model. Miami Movilidad S.L., hereinafter MIAMI, reserves the right to assign a specific vehicle within that group reserved by the customer, subject to availability.

THE RENTAL PRICE INCLUDES
– Personalized service. Delivery and collection at the terminal parking lot.
– Delivery and collection at our Fuengirola office.
– Free delivery and collection at the car park of Malaga airport terminal and María Zambrano train station (AVE) between 9am and 9pm.
– Unlimited mileage*.
*If you plan to travel a lot of kilometers, please note that you will have to return to one of our offices and change the car before reaching 2,000 km. If you exceed the 2,000 km limit without changing the car, a penalty of €1 per kilometer will be applied.
– VAT, taxes, and local fees.
– Comprehensive insurance with excess.
– 24-hour roadside assistance (ADA ASSISTANCE. Tel: 914 131 044) – (NORTHGATE ASSISTANCE. Tel: 902 419 000) – (OCCIDENT ASSISTANCE. Tel: 917 838 838).
– First additional driver.

NOT INCLUDED IN THE RENTAL PRICE
– Surcharge for nighttime vehicle delivery or collection:
• Between 6:30 a.m. and 6:59 a.m., there is a surcharge of €25.
• Between 7:00 a.m. and 7:59 a.m., there is a surcharge of €15.
• Between 8:00 a.m. and 8:59 a.m., there is a €10 surcharge.
• Between 9:00 p.m. and 9:59 p.m., there is a €10 surcharge.
• Between 10:00 p.m. and 10:59 p.m., there is a €15 surcharge.
• Between 11:00 p.m. and 11:59 p.m., there is a €20 surcharge.
• Between 12:00 a.m. and 12:59 a.m., there is a €25 surcharge.
• Between 1:00 a.m. and 6:29 a.m., there is a €30 surcharge.
– Delivery or collection of vehicles at locations other than the airport, María Zambrano train station, or our Fuengirola office will incur a minimum surcharge of €20.
– Service surcharge at Málaga Cruise Terminal: a charge of €15 will apply for vehicle drop-off and a charge of €15 for vehicle collection at this location.
– Additional second driver: €4 per day. (Minimum €12 and maximum €44 per contract).
– GPS navigator: €4 per day (minimum €12 and maximum €50 per contract).
– Child safety systems: Maxi Cossi, baby seats, and booster seats.

INSTALLATION IN THE VEHICLE IS ALWAYS THE CUSTOMER’S RESPONSIBILITY.
• Group 0 baby seats: €6 per day per seat (maximum €72 per contract).
• Baby seats: €3 per day per seat (maximum €45 per contract).
• ISOFIX baby seats, group 1/2/3, from 9 to 36 kg: €6 per day per seat (maximum €72 per contract).
• Booster seats: €2 per day per booster seat (maximum €24 per contract).
• ISOFIX booster seats: €3 per day per booster seat (maximum €36 per contract).
–Loss of documents (valued at €30), tools, and accessories.
– Insurance coverage and assistance outside of mainland Spain.
Our vehicles are not authorized to travel outside the Spanish mainland. If you wish to travel to Gibraltar and/or Portugal, you need express authorization from MIAMI and must pay additional insurance of €6 per day of rental (minimum €40 and maximum €90 per contract). Otherwise, the contract will be void, as will the insurance and roadside assistance coverage.

INSURANCE
MIAMI offers two types of insurance:
1. Comprehensive insurance with excess: provides compulsory and supplementary civil liability coverage, legal defense, and claims for damages and bodily injury, partial protection against damage to the vehicle, and free 24-hour roadside assistance. The maximum excess payable varies depending on the group of vehicle rented:
• Group 500, A, C. – €500
• Group 500C, F, P, CL. – €600
• Group 50CA, DA, CLA, EA. – €700
• Group E, EAH, FA, SUV, SUA. – €800
• Group HA, SUA2. – €900
• Group J. – €1000
• Group JLA. – €1200
The customer must leave a deposit as a guarantee of the excess when renting the vehicle. This deposit will be automatically refunded when the vehicle is returned, provided that it is returned in the same condition as when it was picked up and without any new damage caused during the rental period. You can avoid having to leave a deposit by taking out comprehensive insurance without excess.
MIAMI reserves the right to use the excess to cover damage to the vehicle that is not covered by the insurance offered by Miami Car Hire. For this reason, the customer is responsible not only for the payment of the vehicle repair costs, but also for all other expenses and costs arising from the damage, such as transportation and/or immobilization costs.

Please understand that certain types of damage are not covered by any insurance: loss of keys, damage to the underbody, clutch, damage to the radio/CD player or upholstery, use of unsuitable fuel, driving under the influence of alcohol, loss or theft of car parts (e.g., spare tire, reflective vest, V16 emergency warning triangle, etc.), any damage not listed on an accident report.
Comprehensive insurance WITHOUT excess: offers compulsory and supplementary civil liability coverage, legal defense and claims for damages and bodily injury, protection against damage to the vehicle without excess, free 24-hour roadside assistance, windows and glass, locks, tire damage, and punctures.
This type of insurance does not require a deposit as a guarantee.
The amount to be paid for total insurance without excess varies depending on the group of the rented vehicle:
• Group 500, A, C. – €7 per day (minimum €30 and maximum €100 per contract or month).
• Group 500C, F, P, CL. – €8 per day (minimum €40 and maximum €110 per contract or month).
• Group 50CA, DA, CLA, EA. – €9 per day (minimum €50 and maximum €120 per contract or month).
• Group E, EAH, FA, SUV, SUA. – €10 per day (minimum €60 and maximum €130 per contract or month).
• Group HA, SUA2. – €11 per day (minimum €70 and maximum €150 per contract or month)
• Group J. – €12 per day (minimum €80 and maximum €170 per contract or month)
• Group JLA. – €14 per day (minimum €100 and maximum €190 per contract or month)
Please understand that certain damages are not covered by any insurance: loss of keys, damage to the underbody, clutch, damage to the radio/CD player or upholstery, use of unsuitable fuel, driving under the influence of alcohol, loss or theft of car parts (e.g., spare tire, reflective vest, V16 emergency warning triangle, etc.), any damage not listed on an accident report.

GENERAL RENTAL TERMS AND CONDITIONS
Under this contract, Miami Movilidad S.L., with Tax ID No. B92151927 and registered office at C/ Emilio Hurtado, 10. 29004 Málaga, rents the vehicle described on the front of the Contract to the person identified as the driver and payer (hereinafter the customer), under the terms and conditions specified below (hereinafter the Agreement). By signing the front of the Agreement, you acknowledge that you have read and agree to all the terms and conditions set forth herein and agree to comply with them.

PURPOSE OF THE AGREEMENT
The customer acknowledges that they receive the vehicle as described in the Agreement, clean and in proper maintenance and operating condition for its perfect use.
The Customer agrees to preserve and maintain the vehicle, drive and use it in compliance with the standards of the highway code, as well as those provided for in this Agreement.

CONTRACT DURATION
The rental period will be as specified in the agreement, stating the date and time of delivery and return of the vehicle. The rental day is a period of 24 hours from the start of the rental. A 2-hour grace period will be applied to the return, after which the amount corresponding to a full day’s rental will be charged.
If the customer decides to terminate the rental before the date specified in the contract, they will not be entitled to a refund for the days on which they did not use the car.
The rental is only considered terminated when the vehicle and its keys have been received by MIAMI staff.

USE OF THE VEHICLE
The Customer undertakes to keep the vehicle in good condition and, without prejudice to the obligations that may appear in other clauses of this Contract, to use and drive the vehicle with care, complying with the Traffic, Motor Vehicle Circulation, and Road Safety Law and other applicable provisions. Any damage caused to the vehicle due to negligence in not following traffic signs will not be covered by insurance.
The vehicle is equipped with a GPS geolocation system for security and mechanical control purposes, and the lessee acknowledges and accepts its installation and use. The data thus obtained will be processed using the means, storage criteria, communication, and rights of access, rectification, portability, and deletion of data protection for which the Lessor is responsible.

RETURN OF THE VEHICLE
The vehicle must be returned to the branch at the date and time stipulated in the contract, unless otherwise agreed and confirmed by MIAMI at least 24 hours in advance.
The vehicle shall be returned by the customer in the same condition in which it was delivered, together with all documents, auxiliary equipment, tires, tools, and accessories.

SPECIAL OR EXTRAORDINARY CLEANING
Charges arising from the return of the vehicle in a condition that requires special cleaning or the intervention of an external cleaning company to carry out extraordinary cleaning will be charged at a minimum of €50 and a maximum of the total number of hours required to return the vehicle to its condition prior to delivery.
The customer may not modify any technical characteristics of the vehicle: keys, equipment, tools, and/or accessories, or make any changes to the appearance and/or interior of the car. If this occurs, the customer will be responsible for all costs necessary to return the car to its original condition.

FAILURE TO RETURN THE VEHICLE
In the event that you 1) return the car at a date and time other than those established in the Contract 2) return or leave the vehicle at a location other than that indicated in the contract, MIAMI will charge you the stipulated price per day plus a 100% surcharge and the costs of travel, transport, tow trucks, etc.
The rental is only considered terminated when the vehicle and its keys have been received by MIAMIstaff.
MIAMI reserves the right to take legal action before the competent authorities in any case of loss or non-return of the vehicle. The Customer assumes full responsibility for the consequences.

CONTRACT EXTENSION
The customer is obligated to return the car on the date and time specified in the Contract. If the customer wishes to extend the rental, they must do so in person at any of the MIAMI offices or by email at least 24 hours prior to the end of the contract. If the contract cannot be extended due to lack of vehicle availability or any other reason, the customer must return the vehicle on the scheduled date and time.
When requesting an extension, MIAMI may require the customer to sign a new contract, thereby terminating the existing contract and possibly changing the financial terms.
In any case, the amount deposited as a guarantee may be used for an extension. A unilateral extension by the customer will be considered unauthorized use of the vehicle for the purposes of the customer’s liability for any damage to the vehicle, the insurance will lose its validity, and it will be reported as misappropriation to the appropriate authorities.

PAYMENTS
All services must be paid for in advance. MIAMI may require a deposit as a guarantee that the vehicle will be returned on the date and at the time agreed in the rental agreement.
In the event of damage or failure to comply with any of the payment obligations assumed by the Customer, MIAMI will retain the amount paid as a deposit up to the amount necessary to settle the debt in full. Under no circumstances will this deposit serve as payment for the extension of the rental agreement.
At the time of delivery of the vehicle, the customer must present a valid credit card as a form of payment. The card must belong to the person listed as the primary driver on the rental agreement.

CANCELLATION OR MODIFICATION POLICY
Cancellation or modification of a reservation is free of charge, except in the following cases:
– Cancellation less than 24 hours before the start of the rental selected by the customer, the cancellation penalty is €50.
– Cancellation during the Christmas period, Easter week, and the months of July, August, and September: less than 5 days before the start of the rental period selected by the customer, the penalty is 30% of the total price of the reservation, with a minimum amount of €50 and a maximum of €200.
Once the scheduled pick-up date and time has arrived, the reservation cannot be canceled, which means that if this occurs, 100% of the amount paid for the reservation will be forfeited.

MIAMI may cancel the reservation at any time due to Force Majeure. Similarly, MIAMI reserves the right to cancel the reservation in the event of any prior breach of the rental agreement by the customer, including failure to pay any amount due for previous rentals in which the customer who made the reservation, the lessee and/or driver of the vehicle who was party to the signed rental agreement may have been involved.
Similarly, MIAMI may cancel reservations made by customers who behave or have behaved inappropriately towards MIAMI staff, have committed any fraudulent act involving MIAMI vehicles, or are known to have committed any unlawful or illegal act. In this case, MIAMI will proceed to refund the full amount of the reservation if it deems it appropriate.

INSURANCE
Only the renter or drivers expressly accepted by MIAMI are covered by the insurance policy:
1) The insurance policy covers compulsory civil liability and damage to third parties, in accordance with current Spanish legislation.
2) The renter agrees to this policy and undertakes to comply with its terms and conditions. Furthermore, they undertake to take all necessary measures to protect the interests of the lessor and the lessor’s insurance company in the event of an accident during the term of this contract and, in particular, undertake to:
a) Inform MIAMI within 48 hours of any accident, theft, or fire, even if partial, as well as the police authorities, of any bodily injury, theft, or robbery.
b) Record in your statement the circumstances, place, date, and time of the accident, the names and addresses of witnesses, the name and address of the vehicle owner, the license plate number, the insurance company, and the vehicle insurance policy number.

c) Attach any police, civil guard, or court reports to this statement, if applicable.
d) Do not discuss liability under any circumstances, nor compromise or agree with third parties regarding the accident.
3) In the event of an accident, the renter is responsible for an excess according to the current rate, in relation to the damage to the vehicle. This excess can be waived by taking out additional insurance at the start of the rental, the cost of which varies according to the group of vehicle rented.
4) The guarantee does not cover clothing or other items transported.
5) The insurance only covers the duration of the rental, in accordance with this contract. After the termination of this contract, unless expressly extended by MIAMI, MIAMI declines all responsibility for any accident or damage that the renter may cause, for which he/she will be solely responsible.
6) The insurance does not cover any driver who does not hold a valid and current driver’s license. When the driver is not in a normal condition, due to alcohol, drugs, or other causes, the renter and the driver shall be jointly and severally liable for any damages that MIAMI may suffer.

7) MIAMI declines all responsibility for accidents involving third parties or damage to the vehicle caused by the lessee during the rental period if the lessee deliberately provides MIAMI with inaccurate information regarding their identity, address, or the validity of their driver’s license, in which case the insurance will not be valid.

ACCIDENT
The renter agrees to immediately report any accident to MIAMI and to immediately forward any letters, summonses, or notifications relating to said accident, and to cooperate fully with MIAMI and the insurance company in the investigation and defense of any claim or lawsuit.

At the time of the accident or incident, the lessee shall take the following measures:
a) Do not acknowledge or prejudge responsibility for the event.
b) Obtain complete details of the other party, which, together with the details of the accident (how it happened, place, date, time, etc.), shall be sent urgently to MIAMI, including by telephone in the case of a serious accident.
c) Immediately notify the authorities if the other party is at fault.

REPAIRS, LUBRICATION, OILS
Repairs in the event of mechanical breakdown (excluding those caused by negligence, incompetence, and/or mistreatment by the driver), as well as oil changes and lubrication, will be carried out free of charge at MIAMI workshops. If they have to be carried out at other workshops, the cost will be reimbursed to the renter upon presentation of the corresponding receipts.
However, in the event of a breakdown where the repair is carried out at a workshop other than MIAMI, it will be essential for the lessee to obtain prior authorization from MIAMI when the cost exceeds 10 euros.

LIABILITY
MIAMI, having taken all reasonable precautions to prevent mechanical failure of the rented vehicle, shall not be liable for any damage caused, directly or indirectly, by unforeseeable or unexpected mechanical failure.

FAILURE BY THE CUSTOMER TO COLLECT THE VEHICLE
MIAMI will keep the vehicle and the conditions of the reservation available to the customer for up to 2 hours after the time agreed in the reservation. After this courtesy period, MIAMI does not guarantee the availability of the vehicle or the conditions of the reservation. Failure to collect the vehicle within the specified period will result in the loss of the entire amount paid for the reservation.

FUEL POLICY
WE DO NOT CHARGE FOR REFUELING.
The customer must return the vehicle with the same amount of fuel as was in the vehicle at the start of the rental period.

MISUSE OF THE VEHICLE
– The customer must keep the vehicle in optimal condition and use it diligently in accordance with laws and regulations at all times to avoid any situation that could damage the vehicle.
– The customer shall not allow the vehicle to be driven by anyone other than a person authorized in the contract. Otherwise, the customer shall be directly liable for any damage to the vehicle caused by third parties in this situation.
– Vehicles include a V16 emergency signaling beacon device. Returning it in poor condition, or failing to return it, will incur a cost of €50 for the renter.

– Misuse of the vehicle includes, but is not limited to, the following examples:
• Driving the vehicle under the influence of alcohol, narcotics, psychotropic drugs, stimulants, or similar substances, or in a state of impaired driving ability, such as fatigue or illness, or allowing the vehicle to be driven by a person in such circumstances.
• Reckless driving and/or driving contrary to traffic regulations.
• Use of the vehicle for illegal purposes.
• Use of the vehicle after the rental period has ended.
• Carrying more passengers than specified by the vehicle manufacturer or permitted by law.
• Using the vehicle to move, push, or tow other vehicles, trailers, or objects.
• Driving in places unsuitable for traffic, such as beaches, forest tracks, dirt roads, etc.
• Using the vehicle to participate in competitions, contests, training, or testing the resistance of materials, equipment, or automotive products.
• Use of fuel that is different in quality or characteristics from that specified by the manufacturer for each type of vehicle. (The charge for misfueling is a minimum of €700, depending on the final amount, the type of engine, the type of vehicle, and the amount billed by the repair shop).

• Parking the vehicle incorrectly or leaving it unlocked when not in use. • Leaving objects in plain sight inside the vehicle that could be stolen, causing damage to the vehicle.
• Tampering with or modifying the vehicle’s odometer.
• Tampering with or modifying the GPS geolocation system.

Any violation of the provisions of this Agreement shall be interpreted as an abuse of the agreement, in which case the customer shall be liable for all damage caused to the vehicle and shall be obliged to pay all expenses incurred. In the event of a legal claim, the customer will bear all costs of the proceedings, including attorneys’ fees and court costs, but their testimony and presence in court is not procedurally required.

TRAFFIC FINES
The customer is fully and absolutely responsible for any fines, penalties, or other measures imposed on the rented vehicle due to improper use of said vehicle.
MIAMI is required by law to provide the authorities with the details of customers who receive a traffic fine during the rental period and will charge the customer an administrative fee of €35 for this service when we receive a traffic fine. This fee does not include the payment of the traffic fine, which must be paid directly to the authorities by the customer after receiving the fine by mail at their home address.

DRIVER’S LICENSE
The customer must be in possession of a valid driver’s license that is approved for driving in Spain. The customer must have held the license for a minimum of two years.
The customer is directly responsible for proving the validity of the license and will be solely responsible to the authorities for the unsuitability of said license.

ADDITIONAL DRIVERS
All customers and/or authorized drivers shall be jointly and severally liable for all obligations arising from the Agreement with the customer and applicable laws.

RIGHT TO CANCEL
MIAMI reserves the right to terminate the contract early, with immediate effect and without compensation to the customer, in the following cases:
– Upon receipt of information that calls into question the customer’s financial solvency.
– MIAMI demonstrates that the customer is in breach of the Contract.
– The customer has misused the vehicle.

PERSONAL BELONGINGS
MIAMI is not responsible for any stolen, forgotten, or lost items inside the vehicle.
Any damages of any kind that the Lessor may suffer due to serious breach of the conditions set forth in these “Terms and Conditions” and/or due to use other than that agreed upon by the Lessee, authorize the Lessor to withdraw the Vehicle from the Lessee and to invoice and charge the Lessee the amounts resulting in accordance with the procedure and criteria of these General Conditions.

JURISDICTION
Any dispute that may arise between the Lessee and MIAMI shall be submitted to the jurisdiction of the consumer courts and tribunals or those of the place of performance of the obligation.