AUDI ON DEMAND – RENTAL AGREEMENT – SPAIN

The following conditions, together with the confirmation of reservation, constitute the vehicle rental contract (the ‘Contract’) between the customer and VOLKSWAGEN GROUP ESPAÑA DISTRIBUCIÓN, S.A. (hereinafter ‘VGED’) (jointly designated as the ‘parties’ and individually as ‘party’). For the sake of brevity the customer will also be referred to, without gender bias, as ‘he’, where necessary.

The parties agree as follows:

1 Glosario de términos empleados en el presente Contrato

1.1 For the purposes of the Contract, the following terms, whether used in the singular or in the plural, shall have the meaning determined below:

«ABI» refers to Audi Business Innovation GmbH, Hochbrückenstraße 6, 80331 Munich, GERMANY;

«Audi on demand centre» refers to the official dealer of the AUDI brand, selected by the customer through the website, which will be responsible for managing, delivering and returning the vehicle rented by the customer, as well as for providing any other customer service.

«VGED» refers to Volkswagen Group España Distribución, S.A., a company incorporated under Spanish law, holding Tax Identification Number A-60,198,512 registered in the Trade Register of Barcelona in Volume 24,887, folio 171, sheet number B- 80,744 and with registered office in El Prat de Llobregat, Business Park Porta de Barcelona, Calle de la Selva 22.

«Confirmation of reservation» refers to any email sent by the Website to the customer on behalf of VGED to confirm the reservation made through said Website. Among other things, it confirms the rental amount and the car rental term;

«Conditions of use» refers to the Contract entered into separately between the customer and ABI to allow the customer to register an account and use the Website;

«Optional accessories» refers to any accessory that the customer may have requested and that VGED (or the Audi on demand centre) has agreed to provide for use with the vehicle. The Audi on demand centre may confirm on behalf of VGED, and by any means, the rental of these items, either by recording them in the Vehicle Status Report or by sending a separate email indicating the corresponding equipment;

«Payment card» refers to the credit, debit card of any type that the customer has registered in his account profile on the Website. The customer can update it on the Internet whenever he wants to and it will be used for pending transactions; in the following reservations, it will be used to collect all the fees stipulated in this Contract;

«Fixed equipment» refers to all the equipment that is delivered with the vehicle, except for any optional accessory (such as a spare wheel, a set of safety equipment, a first-aid kit, mobile phone chargers, etc.);

«Prohibited use» refers to any situation referred to in the sections 9.1 and 9.4;

 

«Reference information» refers to any document that identifies the Fixed Equipment of the vehicle, the corresponding rules of use, and other information of general scope concerning the safe and appropriate handling of the vehicle (including the ‘Frequently Asked Questions’ page of the Website and the Vehicle Instructions Manual). VGED will provide the customer with these documents by electronic means or in paper format. VGED may deliver them in person, publish them on the Website, leave them inside the vehicle at the beginning of the rental term, or deliver them in some other way;

«Rental amount» refers to the amount (including VAT) that VGED will charge for renting the vehicle during the rental term given in the reservation confirmation. It will be calculated multiplying the rental rate by the term thereof;

«Rental rate» refers to the taxable rate for renting the vehicle per day/hour, according to what was indicated when the reservation was made. It will be used to calculate the rental amount;

«Rental term» refers to the rental period of the vehicle as stated in the reservation confirmation, calculated from the date and time of ‘delivery’ until the date and time of ‘return’ (both included);

«Place of collection and return» refers to the place where the Audi on demand centre will make the vehicle available to the customer at the beginning of the rental term, as well as the place to which the customer must return the vehicle once the rental term has ended, as stipulated by VGED in the reservation confirmation.

«Telematic information« refers to the information gathered by the telematic equipment (according to article 15) installed on the Audi R8 model that tracks the location of the vehicle in the event of robbery or theft.

«Vehicle» refers to the vehicle leased by VGED to the customer and to any fixed equipment marked in the Vehicle Status Report;

«Vehicle Status Report» refers to the reports completed by the Audi on demand centre and confirmed by the customer before taking the vehicle and on returning it. It contains information about the vehicle relative to the amount of fuel, the mileage, the level of cleanliness, the damages and the optional accessories;

«Website» refers to the ‘Audi on demand, Spain’ website, which can be accessed at www.es.audiondemand.com; and

«Customer» or «of the customer» refers to you, the person identified as ‘customer’ in the reservation confirmation.

 

1.2 Unless the context dictates otherwise:

1.2.1 The headings used in this Contract are for informational purposes only, do not constitute part of this Contract and will not limit, condition or extend in any way the terms and conditions of this Contract.

1.2.2 References to the provisions of this Contract include those provisions in their modified or promulgated version at any time; and

1.2.3 The terms ‘including’ or ‘includes’ shall be construed as being accompanied by the expression ‘by way of illustration but not restrictive’.

 

2 HOW AND WHEN A LEGALLY BINDING CONTRACT IS ENTERED INTO BETWEEN THE CUSTOMER AND VGED

2.1 How a legally binding contract comes into force – This Contract implies the full acceptance of the conditions set forth in this document.

2.2 Make a reservation – The mere exhibit of the vehicle and the respective rental services on the Website do not in any case constitute any contractual offer or commitment by VGED.  The reservation is put onto a formal basis by fully filling in the form on the reservation website and will come into effect once the [‘Confirm reservation with payment obligation’] button has been clicked.  Until the reservation has been formalised (by clicking on the confirmation button), the data entered and the payment method can be checked and modified. The reservation will be held for no more than 28 days.

2.3 Acceptance of the reservation by VGED – If the vehicle to be rented that is stated in the customer's reservation is available and VGED proceeds to accept it, a reservation confirmation will be sent, at which time the Contract will enter formally into force and become binding on the parties.

2.4 What happens if VGED rejects the reservation – If VGED does not accept the customer’s reservation, the customer will be informed by e-mail and no amount will be charged. This may be because, for example, the vehicle is unavailable; that there is an unexpected decrease in the available resources of VGED (or the corresponding Audi on demand centre); that the criteria/requirements for renting the vehicle are not met (e.g. having failed to pass a review of the driving licence); or that VGED can not accept the specified rental term or place of delivery or retrieval.

2.5 VGED cannot guarantee the availability of the Vehicle specified in the reservation – The customer declares that he knows and accepts that the description of the vehicle in any reservation confirmation issued refers only to the body model [e.g. a specific gearbox/transmission (manual or automatic) and a specific type of fuel (diesel or petrol)], but not to a specific vehicle or attribute (e.g., a colour or a specific type of motor), even if there is a registration in the reservation confirmation. Although VGED will make its best efforts to ensure that the vehicle corresponds to the one contained in the reservation confirmation, it cannot be guaranteed in all cases. By way of example, it is possible that the vehicle specified in the Reservation Confirmation is not available at the agreed time of delivery because it has suffered damage while being driven by a previous customer (a situation that could not be foreseen at the time of booking).

2.6 QR Codes – The reservation confirmation contains the QR code with the coded information relating to the booking of the vehicle. The QR code must be presented when the vehicle is collected and returned.

3 RIGHT TO USE THE VEHICLE AND THE OPTIONAL ACCESSORIES

3.1 Right to use the vehicle and optional accessories – To the extent that VGED accepts the offer according to section 2 and the terms, conditions and limitations of the Contract are met (including payment of the amounts stipulated in section 5 by the customer), VGED grants the limited right to use the vehicle and the optional accessories during the rental term stipulated between the parties.

3.2 Vehicle ownership – It is acknowledged and accepted that the vehicle and any optional accessories belong to – are the property of, are used and enjoyed by, rented or leased by – VGED, even if they are the property of or are in the name of a third party (such as Volkswagen Finance).

4 HOW TO PICK UP AND RETURN A VEHICLE

4.1 Where will the vehicle be delivered and returned to? – The Start Location and Return Location for the Vehicle will be confirmed as follows:

4.1.1 Requesting a Start and Return Location - You may request that the Start Location and/or Return Location for the Vehicle to be either the Audi on demand Hub or a location other than the Audi on demand Hub during the booking process.

4.1.2 The Start and/or Return Location is an Audi on demand Hub - Where you request the Audi on demand Hub as the Start Location and/or Return Location for the Vehicle, this will be deemed to be confirmed by VGED on issuing the Booking Confirmation unless otherwise specified by or on behalf of VGED.

4.1.3 The Start and/or Return Location is a location other than an Audi on demand Hub - Where you request a location other than the Audi on demand Hub as the Start Location and/or Return Location for the Vehicle, such request will be shown on the Booking Confirmation. VGED will review and consider your request against the delivery zone identified on the Website. When the customer has chosen a location other than an Audi on demand Hub, the booking must be done at least 24 hours in advance.

4.2 Customer identity checks before the vehicle is delivered – Before delivering the vehicle to the customer, VGED must verify the identity of the customer and ensure that both the customer and any additional driver agreed to have a valid driving licence. The customer must cooperate and present his or her identity document (DNI), as well as the necessary valid driving licence, to facilitate the corresponding verifications, which may be carried out by the Audi on demand centre on the account of and in the name of VGED, and it must also be ensured that additional agreed drivers also cooperate and submit the aforementioned documentation. To carry out these checks, VGED or the Audi on demand centre will make a copy of the documentation provided by the customer, on the account of and in the name of VGED. If the corresponding verifications are not carried out or have not been satisfactorily passed, VGED may terminate this Contract without incurring any liability and without the customer having the right to indemnification or any compensation whatsoever.

4.3 When must the vehicle be picked up and returned? – The vehicle must be picked up at the pick-up point and returned to the place of return at the time agreed and arranged in the reservation confirmation, in accordance with section 4.1. The rental term must begin and end within the business hours of the Audi on demand centre, which are given in the reservation page of the Website.

4.4 How the vehicle is collected – the vehicle will be considered delivered when the Audi on demand centre delivers it to the customer (including keys and keychain of the vehicle) and scans the QR codes that appear in the reservation confirmation sent. If the QR codes cannot be scanned (due to technical problems, for example), VGED (or the Audi on demand centre) will record the start of the rental term manually.

4.5 How the vehicle is returned – The vehicle will be considered returned as soon as the Audi on demand centre regains possession of it (including the keys and key ring), and when the corresponding QR code is scanned. If the QR code cannot be scanned (due to technical problems, for example), VGED (or the Audi on demand centre) can record the end of the rental term manually.

4.6 The vehicle is not returned – If the vehicle is not returned at the agreed place of delivery within 24 hours of the date and time specified in the reservation confirmation (or at a time agreed later by the customer and VGED in writing) and, having tried to contact the customer through the contact details given by the customer, VGED can consider the vehicle as a ‘stolen vehicle’ and report it to the police in accordance with section 13 of the Contract.

4.7 Extension of the rental term – An extension of the rental term may be requested by contacting VGED (or the Audi on demand centre). VGED (or the Audi on demand centre) will assess the request based on vehicle availability and notify the customer if the request is accepted or rejected. If the request is rejected, the rental term will not be modified and the customer will remain obliged to return the vehicle on the date and at the time stated in the reservation confirmation. If the request is accepted, the vehicle must be returned in accordance with the provisions of this section 4 on the date and at the time agreed with VGED (or with the Audi on demand centre). If such an extension is granted, the customer must pay the additional rental amounts as set out in section 5.2.3.

 

5 WHAT AMOUNTS MUST BE PAID UNDER THIS CONTRACT

5.1 Rental Amount – The customer agrees to pay VGED the car rental amount, as well as the amount agreed for any optional accessory (amount that the customer recognises, accepts and authorises to be charged to his payment card).

5.2 Additional charges – Depending on how the vehicle is used, the customer may incur the additional charges indicated below (amounts that are recognised, accepted and authorised to be charged to the customer’s payment card).  The customer also accepts that, without prior notice, VGED may assign the debt, in part or in full, to the Audi on demand centre:

5.2.1 Fuel charge – If, according to the Vehicle Status Report, the vehicle is returned with less fuel than it had when it was delivered, VGED may charge the customer a charge equivalent to the cost per litre of filling the fuel to the level at which it was delivered, as indicated on the purchase receipt that the Audi on demand centre or VGED can make available to you, if required. An additional charge for management costs corresponding to the 7% of the total cost of fuel will also be applied.

5.2.2 Deductible – In the event of theft, loss or damage to the vehicle, VGED may charge the customer the deductible stipulated in section 7.4. If such circumstances arise, the Vehicle Status Report will be cited as evidence for the parties. If the customer so requests, VGED will email a copy of the Vehicle Status Report and any other related evidence. Damages not detected at first visual inspection will be added to the Vehicle Status Report once discovered, and the customer will assume responsibility for them.

5.2.3 Additional rental fee – If the customer retains the vehicle beyond the date and time specified in the reservation confirmation (whether or not an extension has been agreed according to section 4.9), VGED may charge the time elapsed until the return of the vehicle in accordance with section 4.6 and at the rental rate, prorated according to the hours elapsed.

5.2.4 Charge for delayed return – Apart from the additional rental amount referred to in section 5.2.3, if the vehicle is not returned to the agreed return location within 60 minutes of the date and the time specified in the reservation confirmation or in the return time agreed upon in the extension pursuant to section 4.9, VGED may charge the customer the corresponding charge for a full day’s rental of the specific model.

5.2.5 Vehicle recovery charge – If the Vehicle is collected by or on behalf of VGED (including by an Audi on demand Hub) at any location other than the Return Location, VGED may charge you a fixed charge of 25 € (incl. VAT) plus 1,5 € per km for the return journey between the Audi on demand Hub’s location and the location the Vehicle is collected from.

5.2.6 Milage Excess – If a customer exceeds a maximum of 500 km per day with a vehicle of Audi on demand, VGED or the Audi on demand Hub will charge the customer an additional amount of 1,5 € per exceeded km

5.2.5 Unforeseen costs for damages – If applicable, VGED may charge the customer any costs that arise for damages caused to the vehicle or the cost of repairing it, so long as the vehicle's insurance policy does not cover them or is included in an deductible section, if such exists. They can include the cost of retaining the vehicle, as well as any other administrative charge for inspecting it.

5.2.6 Costs for filling the vehicle with the wrong fuel – If the vehicle is filled with the wrong fuel, VGED may charge the customer all the costs incurred to repair the damage that may be caused to the vehicle.

5.2.7 Execution costs – VGED may charge the customer all reasonable costs incurred to collect the amounts owed under this Contract and to enforce any contractual condition upon the customer (including administrative fees of VGED), any fine envisaged by law for rejected credit card charges, or any fee or disbursement for legal or professional services.

5.2.8 Charges for optional accessories or equipment – If the customer fails to return or damages any optional accessory or vehicle equipment, VGED may charge the cost for replacing or repairing it.

5.2.9 Cancellation charge – If the customer cancels the vehicle booking within the twenty-four hours before the vehicle is delivered, VGED may charge a cancellation fee equalling the first day’s rental.

5.2.10 Charge for not collecting the vehicle – The fact that the customer does not pick up the vehicle on the date stipulated in the reservation confirmation does not exempt the customer from paying the rental amount.

5.3 Charges and traffic fines – The customer is responsible for paying all of the following amounts:

5.3.1 Tolls, regulated parking and other traffic charges; and

5.3.2 Fines and costs (including fees for legal or professional services) for any violation of the law or traffic regulations (such as parking, speed limit, towing, storage or other costs), as long as it is related to the use of the vehicle by the customer, any additional driver, or any person that the customer allows to drive. If VGED pays any of the amounts specified in sections 5.3.1 or 5.3.2 (to which it is not obliged), it may ask the customer for reimbursement (an aspect that the customer acknowledges and accepts, and therefore authorises VGED to charge said amounts on his payment card).

 

 

6 HOW THE AMOUNTS DUE FROM THE CUSTOMER ARE BILLED AND PAID

Billing – VGED will invoice the customer for all amounts due in accordance with sections 5.1 and 5.2. All invoices are payable at the time they are issued. The customer gives his consent to receive invoices in electronic format by email.

6.1 Payment card – All amounts due or payable under this Contract may be charged by the third-party payment processor of VGED, heidelpay GmbH or heidelpay S.A. (or any successor of these) (the ‘payment processor’); the customer hereby acknowledges and accepts the above and authorises said Payment Processor to debit all amounts due or payable under the Contract to the customer’s payment card.

6.2 Pending authorisation on the payment card – The customer also authorises the payment processor to retain on the payment card an amount equivalent to the rental amount, plus the amount of the deductible provided in section 7.4, up to seventy-two (72) hours before the rental term begins. The customer accepts that the pending authorisation may be a request made by the Audi on demand centre to the payment processor on behalf of VGED, to allow the centre to contact the customer to obtain an alternative payment card in the event the original payment card is rejected.

 

 

7 THEFT, LOSS AND DAMAGE TO THE VEHICLE AND THIRD-PARTY COVERAGE

Theft, loss or damage to the vehicle – VGED (or the Audi on demand centre) will cover expenses for theft, loss or damage to the vehicle, provided that they are not excluded from the insurance policy, and insofar as:

7.1.1 you meet the criteria of section 7.2; and

7.1.2 you pay the corresponding charge corresponding to the deductible stated in section 7.4.

7.2 Criteria – To benefit from the coverage specified in section 7.1, the customer must meet the following criteria:

7.2.1 meet the age requirements indicated in section 7.4 below;

7.2.2 have had a valid driving licence for the vehicle in question for at least twelve (12) months;

7.2.3 be at least 21 years of age.

7.2.4 in the case of vehicles of the R and RS range, be at least 25 years of age;

7.3 What happens if the criteria are not met – If you do not meet any of the criteria in section 7.2 or any other criteria or prerequisite that VGED specifies at any time, VGED may cancel the reservation automatically without you having the right to request indemnification or compensation for any reason. In such event, VGED will refund to you the amounts already paid and you will remain liable for any theft, loss or damage to the vehicle until you return it to the Audi on demand centre in accordance with this Contract.

7.4 Deductible fee – The deductible fee payable by the customer in case of theft, loss or damage to the vehicle will be:

- €600 for all models;

- €1,200 for R8.

7.5 Third-party cover – VGED is legally responsible for contracting third-party coverage. This protection will cover the material and personal damages to third parties when using the vehicle. The maximum compensation for material damage is set forth in the SOA (Seguro Obligatorio Automóviles, Compulsory Motor Insurance).

 

 

8 ACCIDENTS AND BREAKDOWNS

Accidents

8.1 Who to contact in the event of an accident – Any damage, loss or theft of the vehicle must be reported immediately to the Audi on demand centre, using the contact details provided in the booking confirmation or on the Website (on the contact page) and, where appropriate, the police.

8.2 Liability for damaging or losing a vehicle when civil liability can not be determined – If the vehicle is damaged or lost and civil liability cannot be determined, the customer will assume responsibility for said damage or loss.

Breakdown

8.3 Who to contact in the event of a breakdown – Twenty-four (24) hour coverage is offered by Audi roadside assistance to resolve mechanical and other breakdowns, as well as accidents (on roads in Spain). Call:

- Audi Turismos: 900 320 333

- Audi models A8, Q7, A6 armoured, R8: 900 330 310.

For roadside assistance in the rest of Europe and in countries bordering the Mediterranean:

- Audi Turismos: +34 91 593 86 90

- Audi models A8, Q7, A6 armoured, R8: +34 91 594 94 47

8.4 Delivery of another vehicle – If the vehicle is to be repaired or replaced, VGED will decide, at its sole discretion, whether to deliver another to the customer.

 

 

9 OBLIGATIONS OF THE CUSTOMER REGARDING THE VEHICLE

9.1 State of the vehicle - The customer accepts:

9.1.1 that VGED must verify his identity and that of all additional drivers before delivering the vehicle, to ensure that each individual has a valid driving licence for the required categories. The customer also agrees to cooperate and to present the identification documents and the appropriate driving permits to be verified and will ensure that additional drivers do so as well.  These identity checks can be carried out by the Audi on demand centre, acting on behalf of VGED;

9.1.2 that he receives the vehicle and the optional accessories in good physical and mechanical condition, unless otherwise specified in the Vehicle Status Report, which will be filled in before the vehicle and any optional accessories are delivered;

9.1.3 that he will check the level of the tank and battery of the vehicle before accepting it and, if the levels are lower than agreed, ensure that the Audi on demand centre indicates the same in the Vehicle Status Report;

9.1.4 that neither the vehicle nor any optional accessory will be transferred to other persons, unless VGED expressly consents;

9.1.5 that he is renting the vehicle and any optional accessory ‘as is’, and that he has had the opportunity to inspect them before accepting the vehicle;

9.1.6 that he will use the vehicle and the optional accessories with due diligence and prudence;

9.1.7 that he will not smoke or allow anyone else to smoke in the vehicle;

9.1.8 that he will protect the vehicle from possible robbery and theft by closing the doors, windows and the roof when leaving it parked, and locking it with a key, and will also properly safeguard the keys;

9.1.9 that he will fill the vehicle's tank with the correct fuel;

9.1.10 that he will take care of the vehicle according to the guidelines contained in the reference information, such as those stating the correct type of fuel;

9.1.11 that he will neither modify nor alter in any way the vehicle or any optional accessory (neither visually nor technically), such as by removing the seats;

9.1.12 that he will return the vehicle and any optional accessories in the same condition as when it was received, and with the same tyres that the Audi on demand centre delivered it with, on the return date (or before) or when VGED requests it;

9.1.13 that he will not repair the vehicle or any optional accessory without the permission of VGED (or of the Audi on demand centre) and follow all instructions given by VGED (or the Audi on demand centre) regarding said repair; and

9.1.14 If the vehicle or any optional accessories stop working properly, immediately contact the Audi on demand centre to report the incident and follow its instructions (for the contact details of the Audi on demand centre, consult the Frequently Asked Questions page on the Website) or, in the event of an emergency, immediately contact Audi Roadside Assistance at the numbers indicated in article 8.3.

All of the above are stated notwithstanding the provisions of the current regulations, at all times, as regards consumers and users.

9.2 Prohibitions of use – the vehicle cannot be used:

9.2.1 by anyone other than the customer or another additional driver expressly approved in advance by VGED. In addition, the rights or obligations set forth in this Contract may not be transferred or relinquished in any other manner, nor may the vehicle be sublet;

9.2.2 to transport persons or goods on demand, as a carrier, or for driving lessons and driving tests or for any other advanced driving course or other commercial purpose; or

9.2.3 for any illegal, reckless or dangerous purpose, nor for any purpose for which the vehicle was not designed, including:

a) taking part in speed events, races, competitions, motorsport or endurance events (or any similar event) or using the vehicle in any way on race tracks, training circuits, circuits or off-road;

b) transporting a number of passengers greater than the number of safety belts available in the vehicle; carry passengers outside of the passenger compartment; carry loads that exceed the maximum authorised load of the vehicle; or carry hazardous or polluting materials;

c) using the vehicle for taxi services, exhibitions, rallies or as an advertising medium;

d) applying any visual or technical change to the vehicle or repairing it in any way;

e) using the vehicle while under the influence of alcohol, drugs or any substance that could impair the senses or the ability to react; or

f) towing or pushing any object.

9.3 Use of the vehicle – The customer must ensure that the vehicle is not used:

9.3.1 off the roadway, on tracks or unpaved roads;

9.3.2 outside the territory of the Spanish peninsula and bordering countries (France, Monaco, Andorra and Portugal); or

9.3.3 by anyone who has given false information to VGED (or the Audi on demand centre) or who does not have a valid driving licence (e.g. who does not have authorisation to drive vehicles in the rental category).

9.4 Compliance with the law – The customer agrees to use the vehicle in compliance with the laws generally applicable in Spain.

 

 

10 PERSONAL DATA OF THE CUSTOMER

10.1 The Terms of Use of the Audi on demand Internet platforms describe, among other aspects, the division of responsibility for the processing of data between VGED (Provider) and ABI (Operator) on the Website used by the customer to rent the vehicles. According to this distribution of responsibilities, ABI owns the Website and is responsible for managing it, and must store, process and share all personal data that the customer gives about himself or that are collected in compliance with the Terms of Use and the ABI Privacy Notice (both available on the Website).

10.2 The personal data that ABI shares with VGED for the purposes contained in the Terms of Use, as well as any telematic or personal information that the customer gives directly to VGED, will be treated in accordance with VGED's privacy notice, which may be accessed through the Website at the time of booking.

10.3 The customer commits, together with VGED, to the following:

10.3.1 to ensure that any personal information provided to ABI or VGED, either through the Website or by any other means, will be credible and complete;

10.3.2 to obtain the written consent of any additional driver before providing personal information about him to ABI or VGED (either through the Website or otherwise), and to provide a copy of the ABI and VGED privacy notices to said driver before requesting his consent.  If the additional driver from whom the consent was obtained withdraws his consent, VGED will be notified immediately in writing; and

10.3.3 to notify VGED and ABI and to modify immediately the profile of the account you have on the Website should your personal data – or those of any additional driver – change, whether that is the name, address, email address, the driving licence, or the payment card used in this Contract and to rent the vehicles. If the customer or any additional driver changes the driving licence information between the day the reservation is confirmed and the start of the rental term, at the beginning of said period a second document must be presented as proof of identity, regardless of whether the information in the profile has been updated.

 

 

11 HOW TO MODIFY OR CANCEL THE RESERVATION

11.1 Modification of the reservation – The reservation can be modified, by cancelling it or changing the details, through the Website: ‘My reservations’ (or, when the function is available, directly accessing the section of the Website where reservations can be modified). If doubts arise regarding modifications of the reservation, the Audi on demand team can be contacted using the contact information that appears in the reservation confirmation or on the Website. The request for an extension of the rental term will depend on the availability of the vehicle in question and will have to be approved by VGED (or the Audi on demand centre), which will assess the request based on vehicle availability and notify the customer if the request is accepted or rejected.

11.2 Cancellation of the reservation – The reservation can be cancelled through the Website. The customer has the right to cancel the reservation at no cost up to twenty-four (24) hours before the vehicle is delivered. If cancelled in the twenty-four (24) hours before the vehicle is delivered, VGED may, under section 5.2.12, charge a cancellation fee equal to the cost of the first day of rental of the vehicle.

 

 

12 WHEN THE CONTRACT CAN BE RESCINDED

12.1 Right of rescission of VGED – VGED will have the right to terminate the Contract unilaterally and with immediate effect if:

12.1.1 The customer breaches any of the prohibitions set out in point 9.2 of this Contract, regardless of whether or not the breach is the fault of the customer;

12.1.2 The customer infringes any provision of this Contract.

All of the above, without the customer having the right to receive indemnification or compensation for any reason.

12.2 Right of rescission of the customer – The customer may terminate this Contract immediately if legal grounds to do so arise through a breach by VGED.

12.3 Other rights and remedies of VGED – The exercise of your right of withdrawal under section 12.1 will not limit in any way your exercise of any other right or remedy provided by law or by this Contract.

 

 

13 POSSESSION OF THE VEHICLE FOR LONGER THAN PERMITTED

13.1 Vehicle recovery – If the customer continues to use the vehicle after his right to do so has expired or has been rescinded, VGED may notify the police of the theft of the vehicle and will take all legal measures to recover it (which may involve recovering it, requesting an injunction ordering that it be returned, or paying an amount equivalent to its market value). By this document the customer irrevocably authorises VGED (or whomever is authorised to act on his behalf) to access his facilities or premises to recover possession of the vehicle, provided that excessive force is not used. The customer hereby exempts VGED from any liability, costs (including fees for legal or professional services), charges or fees that may be incurred as a result of such notification and action and undertakes to reimburse VGED all such outlays.

 

 

14 RESPONSIBILITY OF VGED FOR LOSS OR DAMAGE SUFFERED BY THE CUSTOMER

14.1 Personal effects in the vehicle – Any personal effects stored in the vehicle are stored at the customer's risk. VGED and the Audi on demand centre will not be liable for any damage or loss due to the theft of personal effects during the rental term.

14.2 VGED is liable to the customer for foreseeable damages that it may cause – If VGED or the Audi on demand centre do not comply with the conditions of the Contract, VGED will be liable for the damage suffered by the customer as a foreseeable consequence of such non-compliance or poor performance of services. The losses or damages are considered foreseeable when it is obvious that they will occur or when, on signing the Contract, both VGED and the customer were aware that such damages or losses could arise.

14.3 Legal rights – Nothing in this Contract will limit the rights conferred on the customer by virtue of current regulations at all times regarding consumers and users.

14.4 VGED is not responsible for economic losses – The customer may rent the vehicles for personal and private use only; VGED will not be liable for any loss of profit, commercial loss, interruption of activity or loss of commercial opportunity.

 

 

15 TELEMATICS

15.1 Use of telematics – The R8 models in the Audi on demand program have a built-in telematics device (telematics equipment). The customer accepts that this device uses mobile phone, satellite or radio signals to transmit telematic information and that this information will be treated in accordance with the privacy policy of VGED, which can be consulted on the website.

The customer also accepts that this data collection will be used only in case of theft or theft of the vehicle.

15.2 Interference with telematics – The customer will not manipulate or adjust telematic equipment or telematic information (or the transmission of same), nor interfere with them in any way.

 

 

16 OBLIGATION TO REIMBURSE VGED

16.1 Refund – The customer will fully reimburse VGED for any loss, liability, damage, injury, complaint, claim, fines, costs and fees for legal or professional services, as well as for any other expense incurred by VGED or the Audi on demand centre that arises from the use of the vehicle or of the optional accessories on the part of any person, including third-party claims or the civil responsibility for dealing with these. The customer or VGED (or the Audi on demand centre) may submit an insurance claim for those circumstances or losses, but the person ultimately responsible to VGED for all those losses will be the customer, in the case of non-coverage and/or exclusion of insurance against these damages/expenses as well as those included in the deductible section.

 

 

17 COMPLIANCE

17.1 The party, in complying with his obligations arising from the agreement entered into with VGED, hereby declares:

(i) that he knows the VGED Code of Conduct, which can be read on the official website (http://www.volkswagengroupdistribucion.es/binaries/content/assets/downloads/codigo-de-conducta.pdf), and commits to take into account that employees and collaborators of VGED respect the principles, values and guidelines given in it;

(ii) That he will respect the applicable national legislation, in particular regarding anti-corruption, prevention of money laundering and financing of terrorism;

(iii) That he is not now and never has been a party to legal litigation of any kind before any national or international court, and that he has never been the subject of an official or judicial investigation of any kind instigated by any public authority or court;

(iv) That, to the best of his knowledge and understanding, he is not registered and has never been registered in any list of sanctions or seizures of any kind.

 

 

18 OTHER RELEVANT CONDITIONS

18.1 Submission to the conditions of the Contract – VGED undertakes to comply with the written conditions of this Contract and with any document to which this Contract makes express reference. The conditions of the Contract shall be legally binding on both parties.

18.2 Causes or circumstances beyond the control of VGED – If the customer (or any person acting on his behalf) does or fails to do something and so prevents VGED (or the Audi on demand centre) from fulfilling the contractual obligations, or delays fulfilment of same, the incapacity to comply with the obligations (or the delay in doing so) shall not be considered a breach by VGED, nor in the event of causes or circumstances that come about that are beyond the control of VGED (or the Audi on demand centre, where applicable).

18.3 If a court nullifies part of this Contract, the remainder will remain in force – If any provision of this Contract is declared null, illegal or unenforceable, the validity and enforceability of the other stipulations will remain unaffected hereby.

18.4 VGED may assign this Contract to other persons – VGED may assign to another organisation (including the Audi on demand centre) the rights and obligations arising from this Contract.

18.5 Even if VGED is late in the execution of this Contract, it may execute it later – the failure by VGED to exercise the rights derived from this Contract shall not be deemed to constitute a waiver of said rights in the future.

18.6 This Contract does not confer rights on any other party – This Contract is concluded between the customer and VGED. No other person shall have the right to enforce any of its conditions. Neither the customer nor VGED will need the consent of any other person to terminate the Contract or alter its conditions in any way.

18.7 Legislation applicable to this Contract – In matters not provided for in this Contract, as well as for the interpretation and resolution of conflicts that may arise between the parties as a consequence thereof, the common laws of Spain shall be applicable.