Regulations of “Hola Car” for Car Rental (“Regulations”)

effective from April 07, 2025.

The Regulations issued by Patryk Nowak (Holacar.eu), Carrer Sant Pau 109,3,2, 08001 Barcelona (“Lessor“) define the conditions of car rental and constitute an integral part of the rental agreement (“Agreement“).

Definitions:

a) Tenant – the party to the Agreement or the person who made the car reservation.

b) User – the Tenant and any person designated by the Tenant in the Agreement as authorized to drive the car or a person to whom the Tenant has actually entrusted the driving of the car.

Who can rent a car and how

A car can be rented by:

1. An individual who meets the following conditions:

   a) presents a physically valid ID card or passport, and a valid driving license for a minimum of one year to the Lessor.

   b) presents a physical payment card valid for more than 3 months from the end of the rental period. We do not accept Revolut, N26, Wise cards.

   c) is registered in the Central Register and Information on Economic Activity if entering into the Agreement as an entrepreneur. d) has turned 21 years old.

2. The Tenant is fully responsible for the car and for the actions and omissions of the User, particularly ensuring that the User complies with the Regulations and the Agreement until the car is returned to the Lessor, based on a receipt protocol signed by the Lessor. If the Agreement is entered into by more than one Tenant, their responsibility is joint and several.

3. Only the Tenant and the User are authorized to drive the car.

4. If the Tenant or the User fails to meet the requirements outlined above, the Lessor is entitled to refuse to enter into the Agreement or to terminate it immediately.

Car Reservation and Conclusion of the Agreement

5. The Tenant makes a car reservation through the form available on holacar.eu. The Tenant will receive a vehicle availability offer and an exact quote via email within 12 hours.

6. Submission of the Reservation does not guarantee its acceptance by the Lessor. The reservation becomes binding upon sending a written notification in electronic form (email) or by phone from the Lessor.

7. The conditions for the Lessor to enter into the Agreement are:

   a) positive verification of the Tenant’s data meeting the conditions specified in the above points.

   b) acceptance by the Tenant of the applicable Regulations available on holacar.eu.

   c) submission of the reservation at least 24 hours before the planned time of car pickup.

   d) providing credit card details.

   e) in the case of payment by bank transfer – acknowledgment of the transfer amount in the Lessor’s bank account.

8. The Agreement is concluded by signing it by the Tenant and the representative of the Lessor under the terms of the reservation. The Agreement will be concluded in paper form. The same principles apply to the car pickup and return protocol.

9. When concluding the Agreement, a pre-authorization will be made on the Tenant’s payment card to secure the amounts due under the Agreement and Regulations. The release of the pre-authorization occurs within the timeframe resulting from the procedures of the bank issuing the card. The Lessor is entitled to charge the Tenant for unpaid amounts due under the Agreement and Regulations. In the case of a block lasting longer than 14 calendar days, the Lessor recommends that the Tenant contact the bank. The release of the pre-authorization does not imply a waiver of the Lessor’s claims against the Tenant.

10. If it is impossible to issue a car that matches the confirmed reservation, the Lessor may rent a car of the same or higher class at the price of the reservation, which does not constitute non-performance or improper performance of the Agreement.

11. In the event of wanting to extend the rental of the vehicle, these conditions are to be agreed with the Lessor in writing (email) no later than 24 hours before the end date of the rental specified in the Agreement.

12. The reservation is made for a class of car and not a specific model.

13. The Tenant may cancel the car reservation 72 hours before the rental date. If the cancellation occurs later, the Lessor is not obligated to refund the costs incurred by the Tenant when making the reservation.

Tenant’s Obligations

14. The Tenant receives a car that is operational, fueled, clean, and with all operating fluids in a condition enabling its proper use, and agrees to use it in accordance with traffic regulations in the country where the car is rented, with due diligence, and to return it in the condition it was in when issued, along with keys, remote control, and full equipment with which the vehicle was handed over. The car is equipped with a GPS monitoring device.

15. The Tenant and the User are obliged to use the car in the manner specified in the Agreement and corresponding to the properties and intended purpose of the car, and furthermore undertake to: a) carry out, at their own expense, current basic checks of the car, including checking and topping up engine oil, fuel, washer fluid, coolant, brake fluid, AdBlue fluid, and checking the correct tire pressure. b) use the appropriate fuel according to the information by the fuel filler or in the Agreement.

16. The cost of fuel consumed during the rental is covered by the Tenant.

17. Taking the car outside of Spain is not allowed. Traveling without the Lessor’s consent constitutes a violation of the Regulations, and all costs related to breakdowns, damage to the vehicle, or theft abroad are borne by the Tenant.

18. If the Tenant uses the car contrary to the Agreement or its intended purpose, as well as when circumstances indicate reasonable suspicion of theft or misappropriation, the Lessor may terminate the Agreement with immediate effect.

19. The Tenant and the User are obliged to use the car on public roads and those permitted for traffic. They may not use the car on unpaved roads or those not permitted for road traffic.

20. Smoking tobacco products, electronic cigarettes, consuming alcohol, using drugs, and transporting animals in the car is prohibited.

21. Payment of all monetary fines, penalties, parking fees, tolls, and other charges for using road infrastructure, as well as private and public law liabilities arising from the use of the car is the obligation of the Tenant or User. The Tenant is obliged to reimburse the Lessor for amounts that the Lessor paid in connection with the Tenant’s violation of the obligations specified in the previous sentence.

Car Return

22. The Tenant is obliged to return the car at the place and time specified in the Agreement. With prior consent from the Lessor and for a fee specified in point 60, the Tenant may return the car at a different location than specified in the Agreement.

23. A delay in returning the car of up to 59 minutes does not incur additional charges. Returning the car after this time results in a contractual penalty according to point 46, subject to point 11.

24. A car not returned on time, where the Lessor is not informed by the Tenant or User about the intention to extend according to point 11, will be reported to the police as stolen. The Tenant is obliged to pay a contractual penalty and fees according to point 46.

25. In the case of a delay in returning the car without the Lessor’s consent, the Lessor is authorized to pick up the car from any location and to charge the Tenant for all costs associated with this pickup.

26. The return of the car and the car keys may only take place to a representative of the Lessor. The return of the car is confirmed by a receipt protocol signed by the representative of the Lessor and the Tenant. If the Tenant refuses to participate in the pickup or to sign the pickup protocol or is absent at the agreed place and time of return, the Lessor may carry out the pickup unilaterally.

27. The car must be returned in the same condition as it was handed over on the day of rental. If the condition of the vehicle deviates from the condition it was in when handed over, the Tenant is obliged to pay contractual penalties according to point 36.

Breakdowns, Damages, Theft of the Car

28. In the event of a breakdown or damage to the car, the Tenant is obliged to immediately notify the Lessor. The Tenant has no right to make repairs or tow the car without the Lessor’s consent. If the car is left inoperable or damaged due to the Tenant’s fault outside of the return location indicated in the Agreement, the Tenant bears the cost of towing it.

29. The Tenant may not tow other cars or install external devices on the rented car, such as a bicycle rack.

30. The Tenant may not replace parts on their own in the car.

31. In the event of theft of the car, damage, collision, or accident, the Tenant is obliged to immediately notify the police and the Lessor at the phone number +34 615 667 440. The Tenant is also obliged to cooperate with the insurance company and the Lessor as necessary to settle the damage, in particular, to provide a written description of the incident, copies of documents required by the insurance company, including a statement of sobriety at the time of the incident. In the event of theft of the car, the Tenant is obliged to promptly return the car keys to the Lessor. The Tenant is responsible for damages resulting from failure to perform the obligations arising from this point unless they prove that their lack of cooperation did not hinder the Lessor’s pursuit of claims arising from the incidents mentioned above.

32. In the event of a breakdown or immobilization of the car, the Lessor will provide the Tenant with a replacement car within 24 hours from the moment the Lessor is informed. For the period of waiting for the replacement car, the Tenant does not pay the rental fee. If the replacement car is of a lower class, the rental fee will be correspondingly reduced.

33. The provision of a replacement car is not available in the case of:

    a) loss or destruction of the car keys.

    b) damage to the car caused by the Tenant or User.

    c) immobilization of the car outside of Spain.

    d) parking damages and acts of vandalism, unless they prevent the use of the car and the Tenant is not responsible for their occurrence. Exceptions are situations where the vehicle was parked in an inappropriate place, particularly on unpaved surfaces or outside designated parking spaces.

    e) refueling with incorrect fuel.

    f) failure to replenish operating fluids.

Tenant’s Liability and Contractual Penalties

34. The Tenant will pay the Lessor the specified contractual penalty for events defined in point 33 (excluding subpoint B), unless they prove that the event occurred due to reasons for which neither the Tenant nor the User is at fault.

35. The contractual penalty for damage or failure to perform the obligations from point 31 depends on the class of the car and is as follows:

    In class A	1500€
    In class B, B+	1500€
    In class C, C+, B premium	1900€
    In class D, D+	2000€
    In class D premium, VAN, R, SUV	2500€
    In class VAN premium, R Premium	2700€
    In class E, SUV premium	3000€
    In class Classic	4500€
    In classes other than those listed above	2000€

     

 Other contractual penalties:

53. A pre-authorization for fuel will be taken as specified in the table with other contractual penalties. The amount of this charge depends on the class of the car and is specified in the table in point 52.

54. The Tenant is liable for the full amount of damage if the damage resulted from their intentional actions or omissions or negligence as defined in point 35, including:

    a) permanent damage to the car’s interior, leaving permanent stains.

    b) driving the car while intoxicated, under the influence of drugs or other intoxicating substances, or without a valid driver’s license.

    c) fleeing the scene of an accident or collision.

    d) unauthorized travel of the car outside the territory of Spain.

    e) failing to return the car documents or a complete set of keys after the car’s theft or failing to meet other obligations required by the insurer that result in refusal of compensation.

    f) exceeding the permissible speed or load or other violations of traffic regulations in force at the place of the collision or traffic accident.

    g) participating in competitions, rallies, races, shows, and other such events.

    h) using false data or documents to rent the car.

    i) using the car by a person other than the Tenant or User.

Fees

56. Fees, including rental charges, are collected in advance. Prices are charged in the currency applicable in the given country. The amounts specified in the agreement and regulations are gross amounts.

Additional Fees

The rental price includes a limit of 100 km per day. Each additional kilometer beyond the set limit will be charged at a rate of 0.25€ per kilometer

Other Information

64. Complaints should be directed to the Lessor’s address from point 1 or email: info@holacar. The complaint will be processed within 30 days from the day it is received by the Lessor, and the Tenant will be informed of the method of complaint resolution in the form in which the complaint was received.

65. Changes to the Agreement or its termination require written or documentary form.

66. The Regulations, Vehicle Handover Protocol, and Vehicle Return Protocol, as well as the Price List, constitute an integral part of the Rental Agreement.

67. The operator of the service and the Administrator of personal data is Patryk Nowak, registered at Carrer Sant Pau 109,3,2 08001 Barcelona. The rules for processing personal data by the Lessor and clauses regarding the fulfillment of the Lessor’s informational obligations are contained in the Privacy Policy.

68. The Tenant consents to the processing of personal data in connection with the reservation and rental of the car (in accordance with the Act of May 10, 2018, on the protection of personal data (Journal of Laws of 2018, item 1000) and in accordance with the Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR)