CONDITIONS OF USE OF THE SPECIAL PRICES AUTO REISEN, S.L. WEB PLATFORM

1. ABOUT THE CONDITIONS OF USE OF THE PLATFORM: ACCEPTATION, MODIFICATIONS AND VALIDITY

These general conditions regulate use of the service(s) associated with the web platforms https://www.autoreisen.es https://www.autoreisen.com and http://www.arcarhire.com (hereinafter, “the Platforms”), under the ownership of Special Prices Auto Reisen, S.L. (hereinafter “AUTO REISEN”), a car hire company with offices in airports in the Canary Islands. AUTO REISEN is a Spanish trading company registered in the Trade Register of Santa Cruz de Tenerife in volume 492 , folio 87, page number TF-2832, first entry, with a registered address and tax domicile on Calle San Francisco, 5, Edificio Santander, Planta 8º, 38002, Santa Cruz de Tenerife, with Tax Identification Number B38086500 and the following contact email address for the purposes of these Conditions of Use of the Platform: privacidad@autoreisen.es.

1.1. Users of the Platform

Navigation and use of the Platform ascribes you the status of user and implies full and unreserved acceptance of each and every one of the provisions contained in these General Conditions of Use, according to the version published by AUTO REISEN at the moment the user accesses the Platform.

In any case, users of the Platform, registered or not, must be at least (18) years of age, with use by other underage users prohibited. Responsibility for compliance with this condition must therefore be assumed, declaring that you are the required age to access and use the Platform. AUTO REISEN may, at any time, request any supporting documentation necessary to verify compliance with this condition.

In the event of an infringement by users of the terms and policies to which the Platform is subject, AUTO REISEN may prevent access to the Platform by the user as well as suspend the services that were being provided or, where applicable, disable user accounts, without this affecting the right to any refund or monetary compensation for them.

1.2. Modification of conditions

We therefore recommend that the user, each time they access the Platform, carefully reads these conditions of use, as they may be subject to modifications due to legal, technical or corporate reasons, self-regulation processes or AUTO REISEN’s voluntary adherence to existing codes of conduct of interest to its activity and protecting the rights of its users in the best possible way. Wherever possible, AUTO REISEN will publish through the Platform, prior to its entry into effect, any modification relevant to these conditions for the rights and interests of users of the Platform. If you should not agree, you may unsubscribe from the relevant service(s).

1.3. Validity

Declaration of any of the conditions of use as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. Furthermore, the waiver by either party to demand, at any given time, fulfilment of these conditions, shall not imply a general waiver of the fulfilment of any condition or conditions imposed, nor will it give rise to an acquired right for the other party.

1.4. Duration

Access to the content of the Platform has, in principle, an indefinite duration.

AUTO REISEN is authorised to terminate or suspend the provision of the services or the development of actions through the Platform at any time, while fully respecting applicable regulations in such cases. Where reasonably possible, AUTO REISEN will give prior notice through the Platform of the termination or suspension of the provision of services provided through it.

1.5. Language

This legal notice will be translated into various languages in development of the activity of AUTO REISEN and its corporate policy on quality, services and customer service. Without prejudice to the foregoing, in the event of any conflict related to the interpretation or application of the conditions that make up this Notice, the parties agree that the Spanish language version of the Legal Notice will prevail over any other version in a different language for all legal purposes.

2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM

Through the platform, AUTO REISEN provides users with information, requests, access and/or use of the services or content (hereinafter, the “Service” or the “Services”) developed or made available by AUTO REISEN under the terms and conditions provided for each case.

2.1. Free nature of access and use of the Platform

Access and/or navigation of the Platform by users is free of charge, without prejudice to the remunerated nature of the services that may be made available through the Platform under the terms and conditions established by AUTO REISEN.

2.2. Navigation, registration and data forms

2.3. Veracity, accuracy and actuality of the information provided by the user

The data entered by users in the corresponding registration forms or in the data capture forms provided through the Platform must, at all times, be accurate, updated and truthful. These data will be processed by AUTO REISEN in accordance with Spanish personal data protection legislation (in the case of personal data). The user (or their legal representative) will be solely responsible for false, inaccurate or out-of-date statements that are made and for any damage caused to AUTO REISEN or third parties as a result of the breach of this obligation.

2.4. Obligation to make proper and responsible use of the Platform and the Services

The user undertakes to use the Platform and the Services in a sensible way, in accordance with existing regulations, these conditions of use, specific conditions applying to services, the privacy policy and other notices, rules of use and instructions brought to their attention, generally accepted morality and decency and public order. In case of an infringement of these commitments, AUTO REISEN reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of AUTO REISEN exercising legal and/or judicial action deemed to be of interest to its legitimate interests and rights (its own or those of third parties).

3. UNLAWFUL USE

Users of the Platform are PROHIBITED from:

1. Using any of the services or content provided through the Platform for any purposes that are unlawful or prohibited by these conditions, adversely affecting the rights and interests of AUTO REISEN or third parties. Unlawful purposes are considered, among others, as the use by users of provided services or content for lucrative, commercial purposes, theft of business secrets or “know how”, promotional or advertising purposes, which encourage participation in any type of gambling, lotteries, raffles or bingo games and the collection of data from third parties. Use of the services and content on the Platform is of a purely corporate or personal nature as provided for in these Conditions and is intended exclusively for users authorised by AUTO REISEN for these purposes.

2. Damaging, disabling, overloading, impairing or impeding the normal use of the services through the Platform as well as cyber-attacking the Platform, systems or associated processes.

3. Transmitting, communicating or making available to third parties information, data, content, messages and, in general, any type of content that:

(a) in any way is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognised in the constitution, in international treaties and in other applicable legislation, in particular with regard to disabled persons and other especially vulnerable collectives such as minors and the elderly.

(b) in particular, is contrary to the right of honour, personal and family privacy and the self-image of individuals.

(c) contradicts or infringes upon the fundamental right to privacy and personal data protection.

(d) induces, incites or promotes actions that are unlawful, criminal, denigrating, defamatory, libellous, violent or, in general, contrary to the law, generally accepted morality and decency or public order.

(e) induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or status.

(f) incorporates, makes available or permits access to elements, messages and/or illegal, pornographic, criminal, violent, offensive, harmful, degrading services or, in general, those that are contrary to the law, generally accepted morality and decency or public order. (g) incites or may incite an unacceptable state of anxiety or fear. (h) incites or may incite engagement in practices that are dangerous, risky or harmful to the health and physical or psychological equilibrium of people.

(i) is protected by any intellectual or industrial property rights belonging to third parties without the user previously having obtained from their owners the necessary authorisation to carry out the use that they make or intend to make.

(j) violates the secrets of AUTO REISEN or any other third party.

(k) is false, ambiguous, inaccurate, exaggerated or extemporaneous in a manner that is or could be misleading in terms of its subject matter or the intentions or purposes of the communicator. (l) in any way undermines the credit of AUTO REISEN or of third parties. (m) constitutes, where applicable, unlawful, misleading or unfair advertising and, in general, constitutes, unfair competition.

(n) incorporates viruses or other physical or electronic elements that may damage or impede the proper operation of the social network, system or computer equipment (hardware and software) of AUTO REISEN or of third parties, or may damage the electronic documents, digital content and files stored on said systems or computer equipment. (o) causes, due to its characteristics (such as format, length, etc.) difficulties in the normal operation of services or access to the Platform or its content.

In case of an infringement of these prohibitions by the users in question and from the moment AUTO REISEN becomes aware of the facts, AUTO RESISEN may warn them as many times as is necessary so that they immediately cease such activities/actions; encourage their immediate withdrawal or rectification; as well as not to transmit or, simply, not to take into consideration, where appropriate, possible assessments, opinions or comments made within the framework of the Platform.

In the event that such requests by AUTO REISEN are not attended to by the corresponding user, by mere legal or judicial mandate, or simply in their legitimate interests or those of third parties, AUTO REISEN may block and remove from the Platform, at any time, the aforementioned elements, information, assessments and content if it becomes aware of their illegitimacy without prior notice to users. It may also suspend, deactivate or delete the account of the user, if any, without this giving rise to any right or monetary compensation in favour of the user.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The user undertakes to use the content and services made available to them on the Platform, understood to include, but not be limited to, texts, graphics, images, icons, technology, software, links and other digital, audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Content”), in accordance with the law, these conditions of use, specific conditions applying to services and other notices, rules of use and instructions brought to their attention as well as generally accepted morality and decency and public order. In particular, the user undertakes to abstain from:

(a) reproducing, copying, distributing, making available or, in any other way, communicating publicly, transforming or modifying the services and content, unless authorised by the right-holder or legally permitted to do so. (b) deleting, manipulating or, in any way, altering the copyright and other identifying information of the reservation of rights of AUTO REISEN or of third parties.

(c) using or abusing the exercise of the exploitation rights associated with such content, unless expressly authorised to do so by their legitimate owner and, where appropriate, doing so under the conditions expressly agreed upon in this regard.

All the trademarks, names, distinctive signs, content architecture (design, navigation, arrangement and taxonomy of the Platform and its content, etc.) and the content or software of any kind that is incorporated into the Platform are the property of AUTO REISEN or third parties, without it being understood that use or access to the Platform and/or the content or services grants the user any right over said trademarks, trading names and/or distinctive signs as well as any other elements made available through it.

In summary, the content and other services are under the intellectual and industrial property of AUTO REISEN or third parties, and none of the rights that apply or may apply to them, beyond what is strictly necessary for the correct use or access to the Platform and the services and content (use not sub-licensable to third parties due to the characteristics of the service and other associated legal requirements), which are provided or may be provided to the user through it, may be understood as assigned to the user, by virtue of the provisions of these conditions of use or the services.

5. HYPERLINKS

Users and in general those persons intending to establish a hyperlink between their web page and the Platform (hereinafter, the “Hyperlink”) must comply with the following conditions:

1. The Hyperlink will only allow access to the homepage of the Platform but may not reproduce it in any form and reproducing or linking to the specific content or services of the Platform without the express written authorisation of AUTO REISEN is forbidden.

2. Framing of the web pages of the Platform will not be carried out.

3. No false, inaccurate or incorrect statements or indications about AUTO REISEN, its senior management, its employees or collaborators, or about the provided content or services, whether direct or indirect, shall be made.

4. It shall not be stated or implied that AUTO REISEN or any other third party present on the Platform has authorised the Hyperlink or has supervised or assumed in any way the services offered or made available on the web page in which the Hyperlink is established. With the exception of those signs that make up the Hyperlink itself, the web page in which the Hyperlink is established will not contain any mark, name, sign, designation, logo, slogan or other distinctive sign belonging to AUTO REISEN or to third parties related to it, in particular those visible through the Platform.

5. The website on which the Hyperlink is established will not contain information or content that is unlawful, contrary to generally accepted decency and morality and public order, especially with regard to the disabled or particularly vulnerable people such as minors or the elderly, nor will it contain content that threatens the rights of AUTO REISEN or third parties.

Establishment of the Hyperlink does not imply under any circumstances the existence of a relationship between AUTO REISEN and any third party included or existing on the Platform, on the one hand, and the owner of the web page on which it is established, on the other, nor acceptance or approval by AUTO REISEN or such third parties of its content or services.

In any case, AUTO REISEN may, at any time, urge people who have established a hyperlink between their website and the Platform to remove the hyperlink, subject to any legal and/or judicial action that may correspond to them.

6. EXCLUSION OF GARRANTEES AND LIABILITY

AUTO REISEN does not guarantee the availability and continuity of the functioning of the Platform and the services made available through it, whether they are its own or those of third parties. Where reasonably possible, it will give prior notice of any interruptions in the functioning of the Platform, access to its content or the provision of the relevant services.

AUTO REISEN does not guarantee the utility of the Platform and the content and services made available through it for carrying out any specific activity or purpose intended by the user of the Platform.

AUTO REISEN does not control or guarantee the absence of virus or other elements in the content, which may cause alternations to your information system (software and hardware) or to the electronic documents and files stored on your information system, although it will adopt the necessary preventive and corrective measures in this area.

AUTO REISEN does not guarantee in absolute terms the veracity, accuracy, completeness, timeliness, reliability and utility of the content and services of the Platform, in particular those provided, offered, published or transferred by third parties independent of the company.

AUTO REISEN may make available to users through the Platform technical linking devices (such as but not limited to links, banners, buttons), directories and search tools that allow users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). Installation of these links, directories and search tools on the Platform has the sole purposes of making it possible for users to search for and access information, content and services available on the Internet. The results of search tools are provided directly by third parties and are a consequence of the automatic functioning of technical mechanisms. AUTO REISEN therefore cannot and does not control these results and, in particular, cannot restrict the inclusion of Internet sites whose content may be unlawful, contrary to morality or decency or considered inappropriate for other reasons.

AUTO REISEN as a mere provider of information society services does not assume, direct or control the opinions, comments or actions associated with users, nor does it identify in any way with them or hold any editorial activity in this area. The users (and, where applicable, their respective legal representatives) shall be solely responsible for such opinions, comments or actions made through the Platform.

AUTO REISEN does neither assume, share or contribute in any way to the actions intended or carried out by users of the Platform. The users (and, where applicable, their respective legal representatives) shall be solely responsible for the actions or measures they intend, undertake or adopt based on the information accessed or communicated through the Platform, which is basic in nature, by other users of it.

AUTO REISEN, despite the many prohibitions, rules and recommendations that it addresses to users of the Platform, does not guarantee, nor is it in any way responsible for users making use of the Platform, the services and the content made available through it in a manner consistent with this legal notice and the privacy policy, nor that they do so in a diligent and prudent manner. However, it may implement security and detection systems in this field and adopt all the necessary corrective measures as soon as it has reliable knowledge of possible infringements in this regard, ensuring the general legitimacy of the services, content, assessments, opinions and comments that may be made through the Platform, without this representing or implying any obligation of control on behalf of AUTO REISEN.

The users (and, where applicable, their respective legal representatives) are solely responsible, in general terms, for the actions, assessments, opinions, comments, content and information that they publish, transmit, communicate or contribute through the Platform.

In all of the above cases, AUTO REISEN excludes any liability, damages or loses that occur or may occur, to the full extent permitted by the applicable legal system, either against the user, their respective legal representatives or any other third party.

7. PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES

In the event that any user, person or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any service or content made available through the Platform, or that their rights or legitimate interests have been infringed upon, they may notify AUTO REISEN through any legally valid means, with information containing at least the following points:

(a) The claimant’s identification details including name and surname, postal address and email address for notification purposes, national identification document, passport or equivalent legal document (including a copy or photocopy of it) and a contact telephone number.

(b) A description of the alleged unlawful activity carried out on the Platform.

(c) In the case of an alleged breach of intellectual or industrial property rights, precise information relating to this, supporting documentation in relation to it (if any), indication of the protected content or elements and their specific location on the Platform, where applicable.

(d) Sufficient powers of representation (legal or voluntary). Depending on the case, Family Book and ID card, passport or equivalent document that proves the identity of the legal representative (in the case of the legal representative of a minor), sufficient powers of representation (in the case of voluntary representatives of the claimant or the affected person).

(e) Express declaration, which is clear and under the responsibility of the claimant, that the information provided in the notification is accurate, and of the unlawful nature of the use of the content or the activities described.

(f) Handwritten or electronic signature of the claimant or the concerned person on whose behalf they are acting and the date.

AUTO REISEN, in these cases, will examine the notification and its supporting documentation as soon as possible, replying to the claimant (or their legal or voluntary representative, as the case may be), without prejudice to its right to block or remove, either temporarily or permanently, at any time, and without giving the user prior notice, content, opinions, comments or any information or element that is subject to the complaint or is related to it.

8. WITHDRAWAL AND SUSPENSION OF THE SERVICES AND CONTENT

AUTO REISEN, in the event of an infringement by the user of these conditions of use and the Privacy and Cookies policies of the Platform (also accessible here), all documents that the user fully and unreservedly accepts, may, depending on the cases described in these documents, deactivate or delete the user’s account or prevent them from using the Platform or the services associated with it, without this giving rise to any indemnification, compensation or right whatsoever in this area, due to the user’s breach of their specific obligations.

Moreover, AUTO REISEN reserves the right to block and remove from the Platform, at any time, without the need to provide the user with prior notice, the publication of data, elements, assessments, comments, opinions and, in general, any content that is or may be contrary to applicable legislation, regulations and its own conditions and policies.

In any event, AUTO REISEN reserves the right to take any legal or judicial action that may be appropriate in the face of such actions.

9. APPLICABLE LAW AND JURISDICTION

These conditions are governed, in all respects, by applicable Spanish law, and, in the event of any conflict or divergence in the interpretation and/or enforcement of them, or any of the other specific conditions made available on the Platform, both parties expressly waive their right to any other jurisdiction and submit themselves to the courts of competent jurisdiction of Santa Cruz de Tenerife.