VEHICLE RENTAL RATE QUOTES, RESERVATIONS AND PREPAYMENTS

Simply Wheelz and you

The term "Simply Wheelz" means Simply Wheelz S.L.

The term "you" means an individual wishing to rent a vehicle, who has contacted Simply Wheelz to obtain a rate quote, make a reservation or enter into a prepaid rental transaction, all as those terms are discussed below.

Simply Wheelz is a separate company from Hertz. You must pick up and return your car to Simply Wheelz locations or rental desks, not Hertz locations.

Rate quotes

Vehicle rental rates vary considerably from place to place and from time to time, and they change very frequently. You may contact Simply Wheelz to inquire about rates for vehicle rentals through the websites. Unless it is provided in connection with certain types of reservations, a rate quote you receive is merely indicative of the rates then being offered and creates neither legal rights nor practical expectations of vehicle availability or the continued applicability of the quoted rate. Rate quotes made in connection with reservations are covered by the rules appearing below.

Reservations

When you wish to make a reservation for the rental of a vehicle, you may contact Simply Wheelz through the website. A "reservation" for a vehicle rental is a notation in Simply Wheelz's records that you have expressed the desire and intention to rent a vehicle of a specified vehicle class from Simply Wheelz at a specified time, date and location (the "pick-up" time, date and location), with the vehicle to be returned to Simply Wheelz at a specified time, date and location (the "return" time, date and location), on the terms and conditions and subject to the rental qualifications and requirements that Simply Wheelz then imposes for such a rental. Pick-up and return times for reservations are always expressed in local time at the pick-up and return locations, respectively.

In general, Simply Wheelz accepts reservations only for a class of vehicles and not for vehicles either of specific makes, model years or models or with particular characteristics not common to all vehicles in the class.

When you seek to make a reservation, Simply Wheelz may decline to allow you to do so. If Simply Wheelz allows you to make a reservation, any legal obligations that arise - both for you and for Simply Wheelz - are discussed in detail below. The practical, non-legal significance of your making a reservation is also discussed in detail below.

Rental qualifications and requirements

The Simply Wheelz company may impose significant qualifications and requirements on people seeking to rent vehicles. Those include the possession of a valid driver's licence, the satisfaction of minimum age requirements and the making of arrangements with respect to payment of rental charges that Simply Wheelz deems satisfactory. Other, significant qualifications and requirements may also apply. You must satisfy all rental qualifications and requirements at the time of pick-up; it is not sufficient for you to meet them at the time of reservation. For full details, go to the Simply Wheelz website.

Rates quoted in connection with reservations

Quoted base rate: When you make a reservation for a rental transaction, you will generally receive a quote for the applicable base rental rate (also known as time-and-mileage/kilometre charges) that, unless you are advised to the contrary, is exclusive of certain charges that may be assessed in connection with the rental, including but not limited to taxes, governmental surcharges, other surcharges, common facilities charges, drop charges, delivery and collection charges, expense reimbursements and recoveries and charges for optional products or services (such as allowing additional or younger individuals to operate the vehicle, fuel or fuel service, loss or collision damage waiver, theft protection, supplemental insurance products, child seats and navigational aids). If you do not change any aspect of the reservation and the rental takes place in accordance with the reservation, then Simply Wheelz will honour the base rate quoted. If, before the rental takes place, you change the reservation with respect to the vehicle class, pick-up time, date or location or return time, date or location, then Simply Wheelz reserves the right to change the base rate applicable to the rental, so long as the changed rate is disclosed to you at or before the time the rental commences.

Estimated additional charges: When you make a reservation, in addition to being quoted a base rental rate, you may receive a quote of additional charges (other than charges for optional products and services) that Simply Wheelz expects will be assessed in connection with the rental but that are not included in the base rental rate that has been quoted. A quote for those charges is only a good faith estimate based on tax rates and other governmentally imposed charges that Simply Wheelz, at the time of the quote, expects will apply at the time of the rental. If Simply Wheelz's expectations with respect to tax rates or other governmentally imposed charges are not realized - for example, if tax rates are unexpectedly increased after the quote is given - then you will be liable for the taxes and other governmentally imposed charges that actually apply at the time of rental, even if they are higher than Simply Wheelz had expected at the time of reservation.

Estimated total: When you make a reservation, in addition to being quoted a base rental rate and any estimate of the additional charges that are expected to be assessed in connection with the rental, you may receive a quote of the estimated, or approximate, total charge for the entire rental. Such a total will ordinarily be computed without regard to charges for optional products and services and charges that Simply Wheelz cannot, on the basis of the information available to it at the time, determine. Except in the case of prepaid rental transactions (which are discussed below), such a total will only be a good faith estimate based on tax rates and other governmentally imposed charges that Simply Wheelz, at the time of the quote, expects will apply at the time of the rental. If Simply Wheelz's expectations with respect to tax rates or other governmentally imposed charges are not realized - for example, if tax rates are unexpectedly increased after the quote is given - then you will be liable for the taxes and other governmentally imposed charges that actually apply at the time of rental, even if they are higher than Simply Wheelz had expected at the time of reservation.

Assumptions made in estimates: When it estimates additional and total charges in connection with a rate quote, Simply Wheelz must make assumptions. In particular, if the quoted base rental rate has a per-mile/kilometre component, then Simply Wheelz will compute its estimates based on assumptions regarding the distance that you will drive. Those assumptions may not reflect your driving plans, and as a result the actual costs of your rental may differ significantly from Simply Wheelz's estimates.

Exception - reservations for distant dates: When you make a reservation for a rental transaction, you may be advised that the quoted rental rates for the specified pick-up time, date and place are "subject to change", "only indicative" or words of similar meaning. This typically occurs when the specified pick-up date is a number of months later than the date on which the reservation is being made. Such a reservation is called a "distant-date reservation". In the case of a distant-date reservation, Simply Wheelz reserves the right to change all the charges applicable to the rental, so long as the charges that will actually apply are disclosed to you at or before the time the rental commences. If you are making distant-date reservations, you may re-contact Simply Wheelz nearer to the indicated pick-up date in order to obtain a rate quote that is not subject to the qualifications just described. The preceding four paragraphs apply only to reservations that are not distant-date reservations.

Types of rental transactions and reservations; Definition of Reserving and Renting Companies

Simply Wheelz classifies rental transactions as "prepaid". The characteristics of a "prepaid" rental transaction are described in detail below; one of the most important characteristics is that in such a transaction, you will pay some or all of the amount that will be due for the rental "up-front" (that is, shortly after you arrange for the rental).

Simply Wheelz classifies reservations for rental transactions as "guaranteed", "confirmed" or "standby". The characteristics of "guaranteed" and "standby" reservations are described in detail below. A "confirmed" reservation is a reservation that Simply Wheelz makes without advising you that it is "guaranteed" or "standby". Simply Wheelz sometimes also takes "requests" for reservations; the characteristics of a "request" are also described below.

The term "Reserving Company", when used below with respect to any prepaid rental transaction or reservation made in the European Economic Area* means Simply Wheelz S.L.

* Organized under the laws of the indicated country unless otherwise specified.

The term "Renting Company", when used below with respect to any prepaid rental transaction or reservation, means the company (typically a Simply Wheelz company) operating the rental location at which the vehicle has been reserved to be picked up.

Prepaid rental transactions

When you enter into a prepaid rental transaction, you simultaneously (i) make a confirmed reservation with Simply Wheelz to rent a vehicle of a specified vehicle class from Simply Wheelz at a specified pick-up time, date and location, with the vehicle to be returned at a specified return time, date and location, and (ii) pay, typically by a debit, credit or charge card debit processed soon after the reservation is made, the total rental charge quoted at the time of reservation.

A prepaid rental transaction creates a two-party legal agreement between you and the applicable Reserving Company with the following terms:

A. If you arrive at the specified pick-up date and location, satisfy the then-applicable rental qualifications and requirements of the Renting Company and are willing to sign the document or documents constituting the rental agreement in the form presented by Renting Company, then the Reserving Company undertakes that the Renting Company will, within one hour of the later to occur of the specified pick-up time and your arrival at the rental counter, rent a vehicle of the specified class to you on the terms set forth in the rental agreement. The rental agreement will establish the legal obligations of you and the Renting Company with respect to the rental of the vehicle, and the legal obligations of the Reserving Company with respect to the rental of the vehicle will be solely those set forth in this paragraph and paragraphs B through L below.

B. If you rent a vehicle of the specified vehicle class from the Renting Company, abide by the terms of the rental agreement (including the obligation to return the vehicle at the specified return location at or before the specified return date and time, in the condition required by the rental agreement), purchase no optional products or services other than those expressly to be provided under the terms of the prepaid rental transaction and incur no additional charges (including charges for driving more than any mileage/kilometre limit that was disclosed at the time you agreed to enter into the transaction), then the Reserving Company undertakes that it will cause the Renting Company to accept the amount you previously paid to the Reserving Company as payment in full for the rental, even if the taxes and other governmentally imposed charges applicable to the rental are different from those expected at the time of reservation.

C. If you purchase any optional products or services that are not expressly to be provided under the terms of the prepaid rental transaction or incur any other additional charges (such as additional time charges if the vehicle is not returned on time, additional mileage/kilometre charges if the vehicle is driven more than a mileage/kilometre limit disclosed at the time you agreed to enter into the transaction, a service charge for failing to return the vehicle to the agreed return location or with the agreed amount of fuel in the tank, charges for loss or damage to the vehicle and charges for fines assessed against the vehicle's owner resulting from the use of the car by you or another person with your permission), then you will be solely responsible to the Renting Company for the charges for such optional products or services and for such other additional charges.

D. If you do not abide by the terms of the rental agreement or if your rented vehicle is lost, stolen or damaged, then the Renting Company will compute the total amount due to it under the terms of the rental agreement and the Reserving Company undertakes that it will cause the Renting Company, to the extent permitted by law, to apply the amount you previously paid to the Reserving Company toward the total amount due, with you being solely responsible to the Renting Company for the balance.

E. If you do not arrive at the specified pick-up location for the prepaid rental transaction at the scheduled pick-up time, then the reservation for the transaction will be held only until 11:59 p.m. (local time) on the specified pick-up date, unless the pick-up location closes before 11:59 p.m., in which case the reservation will be held until the closing time of the location.

F. You may receive a complete refund from the Reserving Company of the amount you previously paid to the Reserving Company in connection with a prepaid rental transaction, without any deduction for liquidated damages, if you notify Simply Wheelz through a Simply Wheelz website that you wish to cancel the transaction and Simply Wheelz actually receives that notice at any time during the following period (the "Free Cancellation Period"): (i) if the specified pick-up location for the transaction is in Europe, the Middle East or Africa, the period commencing at the time the reservation is made and ending at the end (local time) of the calendar day following the day in which the reservation is made (or the specified pick-up date for the rental, if earlier) and (ii) if the specified pick-up location is anywhere else, the period commencing at the time the reservation is made and ending at the specified pick-up time and date.

G. With respect to any prepaid rental transaction where the specified pick-up location is in Europe, the Middle East or Africa, the following shall apply: If you notify Simply Wheelz through a Simply Wheelz website that you wish to cancel the transaction and Simply Wheelz actually receives that notice at any time after the end of the Free Cancellation Period and before the beginning (local time) of the specified pick-up date, then the Reserving Company will promptly, at your election, either refund the amount you previously paid to the Reserving Company, less liquidated damages in the amount described in the next sentence, or cause the payment, less liquidated damages in the amount described in the next sentence, to be applied toward another rental transaction involving you and Simply Wheelz. The amount that will be payable in accordance with the preceding sentence as liquidated damages will be the amount that you were told, at the time you made the reservation, would be retained as a "Cancellation Charge" (or words of comparable meaning) if you cancelled the reservation after the end of the Free Cancellation Period. This amount, when payable, is intended to be an estimate of the amount needed to compensate the Reserving Company and the Renting Company for the administrative costs they incurred in connection with the making of the reservation (including, without limitation, charges paid to charge, credit and debit card issuers and processors).

H. If you do not arrive at the specified pick-up location for the prepaid rental transaction by 11:59 p.m. (local time) on the pick-up date indicated in the reservation, or by the closing time of the location on that date, if earlier, then the reservation for the transaction will expire, and promptly upon your request, the Reserving Company will, at your election, either refund the amount you previously paid to the Reserving Company, less liquidated damages in the amount described in the next sentence, or apply the payment, less liquidated damages in the amount described in the next sentence, toward another rental transaction involving you and Simply Wheelz. The amount that will be payable in accordance with the preceding sentence as liquidated damages will be the amount that you were told, at the time you made the reservation, would be retained by the Reserving Company as a "No-Show Fee" (or words of comparable meaning) if you did not enter into the rental transaction specified in the reservation. This amount, when payable, is intended to be an estimate of the amount needed to compensate the Reserving Company and the Renting Company for the administrative costs they incurred in connection with the making of the reservation (including, without limitation, charges paid to charge, credit and debit card issuers and processors) and for the Renting Company's inability to rent the vehicle while it was reserved for your use.

I. As described below under "Conditions outside the Control of Simply Wheelz (Force Majeur)", if, as the result of events or conditions outside the control of the Reserving Company or the Renting Company, it is impracticable for the Reserving Company or the Renting Company to perform its obligations under paragraph A above, then either the Reserving Company or the Renting Company may cancel the prepaid rental transaction, in which case the Reserving Company will refund to you, without any deduction, the prepaid rental charge that it collected. Also, as described below under "General Conditions outside the Control of the Customer", if, as the result of general events or conditions outside your control, it is impracticable for you to perform your obligations under paragraph A above, then you will be excused from such obligations and the Reserving Company will, upon receipt of notification from you of the existence of such general conditions or events, refund to you, without deduction, the prepaid rental charge that it collected from you.

J. Neither the Reserving Company nor the Renting Company is responsible for consequential damages should either the Reserving Company or the Renting Company fail to meet its obligations in connection with a prepaid rental transaction. Similarly, you are not responsible for consequential damages should you fail to meet your obligations in connection with the transaction.

K. The Renting Company will be a third party beneficiary of the prepaid rental transaction. Nonetheless, you are not intended to, and the Reserving Company undertakes that you will not, have any obligation to the Renting Company to pay damages (liquidated or otherwise) to the Renting Company in the circumstances contemplated by paragraphs F, G, H and I above. The Renting Company's only rights in such circumstances will be those established under separate arrangements between the Renting Company and the Reserving Company, the terms of which are not your responsibility.

L. The legal rights and obligations created by a prepaid rental transaction will be governed by the laws of the jurisdiction in which the pick-up location is situated, unless applicable law mandates that a different body of law govern (in which case the mandated body of law will govern).

It is important to note that the obligations just described arise only when a prepaid rental transaction is entered into directly with Simply Wheelz. If you enter into an arrangement with a third party, such as a tour operator or the operator of a website offering prepaid vehicle rentals, then you will have whatever legal rights and obligations against that third party the arrangement creates, but you will not have any rights against Simply Wheelz, and Simply Wheelz will not have any obligations to you, unless and until you actually sign a document or documents constituting a rental agreement in the form presented by Simply Wheelz.

This means that if, after you have entered into a prepaid rental arrangement with a third party, you do not actually enter into a rental agreement with a Renting Company for any reason - including failure of the third party to make an advance payment to the Renting Company that it would require in connection with the rental, the lack of availability of vehicles of the specified class, your failure to arrive at the rental location at the specified pick-up time and date, your inability to satisfy then-applicable rental qualifications and requirements or your unwillingness to sign the document or documents constituting the rental agreement in the form presented - then your sole legal recourse will be against the third party and not against the Renting Company (or any Simply Wheelz company). Put simply, people making prepaid arrangements for car rental through third parties do so entirely at their own risk and without any promises from Simply Wheelz.

Important exceptions:

1. The law in some places imposes a penalty on a rental company for its failure, in certain circumstances, to offer to rent a vehicle in accordance with a confirmed reservation. Where that is the case, Simply Wheelz or the relevant Simply Wheelz licensee will do as the law requires.
2. Reservations not made in good faith, including but not limited to multiple reservations for a single rental transaction, reservations made for a rental to a person known not to meet the relevant rental qualifications and requirements, reservations made without the intention of actually entering into the associated rental transactions, reservations involving fraud or deceptive conduct and reservations effected through unauthorized use of Simply Wheelz's systems and facilities, are prohibited, and people making them will be liable to Simply Wheelz and its licensees for any consequent loss and expense, to the fullest extent permitted by law.

Practical consequences of making a confirmed or standby reservation

Although they are generally not legally obligated to do so, Renting Companies endeavour to fulfil confirmed and standby reservations for non-prepaid rentals of vehicles, subject to (i) vehicle availability, (ii) satisfaction by renters of the relevant Renting Company's then-applicable rental qualifications and requirements, (iii) willingness of renters to sign the document or documents comprising the rental agreement in the form presented by the Renting Company and (iv) in the case of standby reservations, the Renting Company's ability to meet all confirmed reservations (as discussed above under "Standby Reservations"). Although once again they are generally not legally obligated to do so, Renting Companies endeavour to fulfil both confirmed and standby reservations for non-prepaid rentals of vehicles before offering the same vehicles for rental for the same periods to individuals who have not made reservations (sometimes called "walk-ups").

Expiration of reservations

If you make a reservation for a non-prepaid rental specifying a pick-up location in the United States of America or anywhere else in the world outside Europe, the Middle East and Africa and you fail to arrive at the pick-up location by 11:59 p.m. (local time) on the specified pick-up date (or, if the location closes before 11:59 p.m., by the location's closing time), the reservation will expire. If you make a reservation for a non-prepaid rental specifying a pick-up location in Europe, the Middle East or Africa and fail to arrive at the pick-up location within two hours of the specified pick-up time (or, if the location closes before then, by the location's closing time), the reservation will expire; however, (i) if you are arriving by airplane and have provided Simply Wheelz with flight details (including airline and flight number), the reservation will be held until the flight arrives or the pick-up location closes, whichever occurs first and (ii) if you have made a guaranteed reservation, it will be held until 11:59 p.m. (local time) on the specified pick-up date (or, if the pick-up location closes before 11:59 p.m., the location's closing time).

Requests

Sometimes when you seek to make a reservation, Simply Wheelz will advise that a reservation cannot be confirmed at that time but that a further internal query will be made to determine if it can be. When that occurs, a reservation is said to be "on request". In such a circumstance, you may be told to contact Simply Wheelz at a later date to determine the status of the request, or Simply Wheelz may undertake to contact you to advise of the status of the request. Unless and until Simply Wheelz subsequently advises you that a confirmed or standby reservation may now be made, all information Simply Wheelz provides with respect to the requested reservation, including any associated rate quote, is merely indicative of current conditions and should not create any expectations regarding either the likelihood that a confirmed or standby reservation will eventually be available or the rate or other terms that would apply if such a reservation were eventually determined to be available.

Conditions outside the control of Simply Wheelz (Force Majeure)

If it is impracticable for the Reserving Company or the Renting Company to perform any of its obligations set forth in paragraph A under the heading "Prepaid Rental Transactions" or in paragraph 1 under the heading "Guaranteed Reservations" at the specified pick-up time, date and location as the result of events or conditions beyond the Reserving Company's or the Renting Company's control, including, without limitation, any governmental act, flood, fire or other natural catastrophe, unusually severe weather (including wind, snow and ice storms), epidemic, Act of God, war, terrorist act, riot, insurrection, civil strife, national emergency, strike or other labour dispute, utility failure, failure or disruption of data processing or transmission or failure or disruption of access or supply, then (i) in the case of a guaranteed reservation, the reservation will expire, a No-show Fee will not be charged and the Reserving Company and the Renting Company will have no further obligations with respect to the reservation and (ii) in the case of a prepaid rental transaction, the transaction will be cancelled, the Reserving Company will promptly refund to you, without any deduction for liquidated damages, the prepaid rental charge that had been collected from you in respect of the transaction and the Reserving Company and the Renting Company will have no further obligations with respect to the transaction.

General conditions outside the control of the customer

If it is impracticable for you to perform any of your obligations set forth in paragraph A under the heading "Prepaid Rental Transactions" or in paragraph 1 under the heading "Guaranteed Reservations" at the specified pick-up time, date and location as the result of general events or conditions beyond your control, including, without limitation, any governmental act, flood, fire or other natural catastrophe, unusually severe weather (including wind, snow and ice storms), epidemic, Act of God, war, terrorist act, riot, insurrection, civil strife, national emergency, strike or other labour dispute, utility failure, failure or disruption of data processing or transmission or failure or disruption of access or supply, then (i) in the case of a guaranteed reservation, the reservation will expire, a No-show Fee either will not be charged or will, if it was charged before you gave notice to Simply Wheelz of the existence of such event or condition, be promptly refunded to you by the Renting Company and you will have no further obligations with respect to the reservation and (ii) in the case of a prepaid rental transaction, the transaction will be cancelled, the Reserving Company will promptly refund to you, without any deduction for liquidated damages, the prepaid rental charge that had been collected from you in respect of the transaction and you will have no further obligations with respect to the transaction. You should note, however, that events and conditions that are beyond your control but that are not general in nature, including, without limitation, the condition of your health and the health of those travelling with you, will not excuse your performance of your obligations under a prepaid rental transaction or a guaranteed reservation; you should consider travel insurance or similar arrangements to protect you against unforeseen events and conditions that are specific to you and those travelling with you.

Addresses for correspondence

The notices to Simply Wheelz described above may be given through Simply Wheelz websites or by contacting Simply Wheelz's locations. They may also be made by letter addressed to the following address:

Simply Wheelz S.L. , C/. Argonautas 45, 29004, Malaga, Spain

Please note that since notices are not effective until they are actually received by Simply Wheelz, time should be allowed for letters that are posted.

Effective Date: November 1, 2007