General Provisions

1. This Appendix forms an integral part of the LM Drive Vehicle Rental Terms and Conditions and applies exclusively to vehicles designated by the Rental Company as Premium.
2. In the event of any conflict between the LM Drive Vehicle Rental Terms and Conditions and this Appendix, the provisions of this Appendix shall prevail with respect to Premium Vehicles.
3. In matters not regulated by this Appendix, the LM Drive Vehicle Rental Terms and Conditions and the applicable Rental Agreement shall apply.

§1. Premium Vehicles

1. Premium Vehicles are vehicles identified by the Rental Company as belonging to this category in the offer, during the booking process or in the Rental Agreement.
2. The Rental Company reserves the right to amend the list of vehicles classified as Premium Vehicles.
3. Detailed conditions concerning a specific Premium Vehicle, particularly the amount of the security deposit, may be specified in the offer, booking confirmation or Rental Agreement.
4. The amount of the security deposit and any individual rental conditions applicable to a specific Premium Vehicle are communicated to the Renter before the booking is made or the Rental Agreement is concluded.

§2. Security Deposit

1. A refundable security deposit is required before a Premium Vehicle can be released.
2. The amount of the security deposit is determined individually for each Premium Vehicle and is communicated to the Renter during the booking process or before the Rental Agreement is concluded.
3. The security deposit may be provided in the form of a pre-authorisation hold on a payment card or by another method accepted by the Rental Company.
4. The security deposit must be provided before the Vehicle is released.
5. The security deposit will be released or refunded after the rental period has ended and it has been confirmed that the Vehicle was returned in accordance with the Rental Agreement, the Terms and Conditions and this Appendix.
6. The security deposit may be released or refunded within 14 days from the end of the rental period.
7. The Rental Company has the right to withhold the release or refund of all or part of the security deposit until any investigation concerning, in particular, damage, a collision, accident, theft, fine, road toll, parking charge or other circumstances that may result in the Renter's liability has been completed.
8. Providing a security deposit does not limit the Renter's liability to the amount of the deposit unless the Rental Agreement or the insurance conditions expressly state otherwise.
9. If the amounts due from the Renter exceed the value of the security deposit, the Renter is obliged to pay the remaining balance.

§3. Renter's Liability

1. The Renter is responsible for damage, costs and charges not covered by insurance.
2. The Renter may be fully liable for damage resulting in particular from:
   • intentional acts or gross negligence,
   • driving the Vehicle by a person not listed in the Rental Agreement or not approved by the Rental Company,
   • driving the Vehicle under the influence of alcohol, drugs, intoxicants or medication impairing the ability to drive,
   • using the incorrect type of fuel,
   • violating road traffic regulations where such violation results in the limitation or exclusion of the insurer's liability,
   • using the Vehicle contrary to its intended purpose,
   • off-road driving, driving on unpaved roads or roads unsuitable for the Vehicle,
   • carrying out repairs or modifications without the Rental Company's consent,
   • taking the Vehicle outside Spain without the Rental Company's prior consent,
   • leaving the scene of an accident or incident,
   • failing to report damage or an incident to the Rental Company,
   • breaching the Terms and Conditions, this Appendix or the Rental Agreement.
3. The cost of damage may be deducted from the paid or blocked security deposit.
4. If the value of the damage, costs or charges exceeds the amount of the security deposit, the Renter is obliged to pay the remaining balance.
5. If the actual cost of damage cannot be determined immediately after the Vehicle is returned, the Rental Company has the right to withhold settlement of the relevant part of the security deposit until it receives an estimate, invoice or other document allowing the amount due to be determined.

§4. Insurance

1. The Premium Vehicle has the required insurance cover in accordance with the insurance conditions applicable to that Vehicle.
2. Insurance of a Premium Vehicle does not automatically release the Renter from liability for all damage occurring during the rental period.
3. Insurance cover may not include, in particular:
   • damage to wheels and tyres,
   • damage to the underbody,
   • damage to the Vehicle interior,
   • loss of or damage to keys,
   • loss of Vehicle documents or equipment,
   • damage resulting from refuelling with the incorrect type of fuel,
   • damage caused while the Vehicle was being driven by an unauthorised person,
   • damage resulting from intentional acts or gross negligence,
   • damage resulting from use of the Vehicle in breach of the Terms and Conditions, the Rental Agreement, this Appendix or applicable law.
4. The detailed scope of insurance cover may depend on the specific Premium Vehicle and the terms of the applicable insurance policy.

§5. Collisions, Accidents, Theft and Damage

1. Any collision, damage, breakdown, loss, theft or other incident involving the Vehicle must be reported to the Rental Company immediately.
2. The Renter is obliged to follow the Rental Company's instructions and cooperate during the claims handling process.
3. Where required by law, the insurance conditions or the circumstances of the incident, the Renter is obliged to:
   • call the police or other appropriate services,
   • secure the scene of the incident,
   • obtain the details of the parties involved and witnesses,
   • take photographic documentation,
   • prepare and provide the Rental Company with the required statements, reports or official records.
4. The Renter may not admit liability, enter into settlements, arrange repairs or carry out repairs without the Rental Company's consent.
5. Failure to report damage, provide the required documentation or cooperate may result in limitation or loss of insurance cover and liability of the Renter for the resulting costs.

§6. Vehicle Condition and Acceptable Wear and Tear

1. Before the rental begins, the Renter is obliged to inspect the Vehicle and report any existing damage or irregularities to the Rental Company.
2. The Vehicle must be returned in no worse condition, subject to normal wear and tear resulting from proper use.
3. Individual scratches, chips or small dents measuring no more than approximately 1 cm may be regarded as normal signs of use, provided that they do not occur in larger numbers within the same area and do not require repair of the entire component.
4. Several instances of damage located in the same area may be classified as damage exceeding normal wear and tear.
5. The Rental Company has the right to charge the Renter the actual and reasonable costs of repairing damage exceeding normal wear and tear.

§7. Return of the Vehicle

1. The Premium Vehicle must be returned at the time, location and in the condition specified in the Rental Agreement.
2. The Vehicle must be returned with the fuel level required under the applicable fuel policy.
3. The Vehicle must be returned in a condition allowing its technical and visual condition to be assessed.
4. If the Vehicle is returned outside the working hours of a Rental Company representative, the final assessment of its condition may take place during a later inspection.
5. Returning the Vehicle without the direct participation of a Rental Company representative does not automatically confirm that the Vehicle is free from damage.

§8. Vehicle Downtime

1. If the Vehicle is taken out of service as a result of damage for which the Renter is responsible, the Rental Company may charge the Renter reasonable Vehicle downtime costs.
2. The downtime cost may be calculated on the basis of the applicable daily rental rate and the actual number of days during which the Vehicle could not be rented due to repairs or waiting for necessary parts.
3. The downtime period should correspond to the actual and reasonable period during which the Vehicle was unavailable for use.

§9. Additional Charges

The following charges apply to Premium Vehicles unless the actual cost of damage, repair, replacement or service is higher, or the Rental Agreement for a specific Vehicle provides otherwise.

§10. Settlement of Amounts Due

1. The Rental Company has the right to settle amounts due under the Rental Agreement, the Terms and Conditions and this Appendix against the security deposit.
2. Such amounts may include, in particular, the costs of:
   • Vehicle repairs,
   • fuel,
   • cleaning,
   • fines and other charges,
   • missing or damaged equipment,
   • towing and roadside assistance,
   • Vehicle downtime,
   • other amounts specified in the Additional Charges table.
3. If the amount due exceeds the amount of the security deposit, the Renter is obliged to pay the remaining balance within the period specified by the Rental Company.
4. If any part of the security deposit remains after all amounts due have been settled, it will be refunded or released to the Renter.
5. If determination of the amount due requires an estimate, invoice, information from the insurer or another document, settlement of the relevant part of the security deposit may be withheld until the costs have been determined.

§11. Final Provisions

1. In matters not regulated by this Appendix, the LM Drive Vehicle Rental Terms and Conditions and the Rental Agreement shall apply.
2. The Rental Company may specify individual rental conditions for particular Premium Vehicles where this results, in particular, from their value, equipment or insurance conditions.
3. Individual conditions concerning a specific Premium Vehicle, communicated to and accepted by the Renter before the rental begins, form part of the Rental Agreement.
4. The amount of the security deposit applicable to a specific Premium Vehicle is communicated to the Renter before the booking is made or the Rental Agreement is concluded.
5. This Appendix becomes effective on the date it is published or made available to the Renter.