Special Terms and Conditions — "FlexiMiles" Offer

TopCar Rac, S.L. · Spanish Tax ID B-38045498 · Special Terms and Conditions of the FlexiMiles promotional offer (clause 18 of the General Terms and Conditions)

Integration and prevalence clause (read first)

1. These FlexiMiles Special Terms and Conditions (hereinafter, the "STC") implement clause 18 of the TopCar General Terms and Conditions (hereinafter, the "GTC") and are incorporated into the rental agreement together with the GTC, available at https://top-car-hire.com/documents/general_terms_es.pdf.
2. The GTC shall apply in full to FlexiMiles agreements. The STC shall prevail over the GTC solely on the points they expressly regulate and in everything they conflict with or supplement. Any matter not expressly regulated in these STC shall be governed by the GTC, without exception.
3. The FlexiMiles offer is a promotional, special and limited offer, not a standard TopCar tariff. The Customer accepts these STC by signing the Particular Conditions of the rental agreement.

1. Nature, scope and availability

1. FlexiMiles is available exclusively at the Costa Adeje branch and solely for rentals commencing within the period published at any given time at https://fleximiles.top-car-hire.com.
2. Applicable only to vehicle groups A and B.
3. Pick-up and drop-off must take place at the Costa Adeje branch. Drop-off at a different branch (one-way rental) is not permitted, nor is taking the vehicle off the island of Tenerife; clauses 4.3 and 7.2 of the GTC apply for these purposes.
4. The offer may not be combined with other promotions and is not guaranteed for future bookings, renewals or extensions.
5. FlexiMiles includes a 2-hour grace period at both pick-up and drop-off.

2. Maximum rental term (clause 18.1 of the GTC)

1. The maximum term of a FlexiMiles rental agreement is 14 calendar days, with no extensions or renewals; clauses 7.3 and 7.4 of the GTC shall not apply.
2. For stays exceeding 14 days, a new rental agreement under the standard tariff in force must be executed, subject to its own terms and prices.

3. Mileage (clause 18.2 of the GTC)

1. The FlexiMiles agreement includes 100 km in total per agreement (not per day), regardless of the number of days booked.
2. Each kilometre driven in excess of 100 km is invoiced at €0.95/km (IGIC included), charged at the time of vehicle return.
3. The odometer reading recorded in the Particular Conditions at the time of delivery is the binding reference for mileage invoicing. It is the Customer's responsibility to verify said reading at pick-up and immediately notify any discrepancy; in the absence of immediate notification, said reading shall prevail.

4. Super Cover (SCDW) (clause 18.3 of the GTC)

1. The Super Cover (SCDW) referred to in clause 9.3 of the GTC is offered under FlexiMiles at the promotional price published on the TopCar website at the time of booking (currently €20 per rental, IGIC included). This regime prevails over clause 9.5 of the GTC solely for FlexiMiles.
2. The cover, exclusions and limits of the Super Cover are those set out in clauses 9.3 and 9.4 of the GTC, without modification.
3. The Basic Cover (compulsory third-party liability, CDW and theft protection with excess) is governed by clause 9.2 of the GTC. The excess applicable to groups A and B shall be that set out in the prevailing Tariffs (currently €900, IGIC included), disclosed to the Customer prior to contracting.

5. Security deposit

The security deposit is governed by clause 6 of the GTC and is a concept distinct from the excess. Solely for FlexiMiles purposes, the following amounts apply:

1. With Super Cover: €0 with credit card and €200 with debit card.
2. Without Super Cover: amount equal to the prevailing excess (currently €900), pre-authorised on the payment card pursuant to clause 6 of the GTC.

6. Fuel policy

Clause 4.4 of the GTC shall apply. As a FlexiMiles specificity, no inspection charge nor refuelling service fee shall be applied: should fuel be missing, only the missing fuel itself shall be charged, with no surcharge.

7. Out-of-hours pick-up

By way of implementation of clause 3.5 of the GTC for FlexiMiles purposes, pick-up within the 23:00–01:00 window at the Costa Adeje branch is an optional additional service, subject to TopCar's prior approval and to a fee of €30 per service, applicable to pick-up only. Drop-off may take place at any time. The branch's guaranteed business hours are 07:00–22:59.

8. Driver: FlexiMiles specificities

Driver age, licence-holding seniority and documentation requirements are governed by clauses 3.1, 3.2 and 3.4 of the GTC. As FlexiMiles specificities:

1. Drivers aged between 21 and 24 (inclusive): young driver surcharge of €12/day, pursuant to the prevailing Tariffs (clause 3.3 of the GTC).
2. For the purposes of clause 3.4 of the GTC, the booking confirmation email and its FlexiMiles reference shall qualify as a valid voucher/booking locator.

9. Return and late return

Return, early return and late return are governed by clauses 7.1, 7.2, 7.5 and 7.6 of the GTC, without modification. In particular: early return shall not entitle the Customer to any refund for unused days (clause 7.5); late return shall trigger the contractual penalty set out in clause 7.6 of the GTC (three times the daily rate displayed on the TopCar website per day of delay), without prejudice to any further actions and damages to which TopCar may be entitled under applicable law.

10. Cancellation and payment

1. The FlexiMiles booking is made without advance payment and without the need for a card to secure the booking.
2. The Customer may cancel freely and at no cost at any time prior to pick-up.
3. No-shows shall incur no charge whatsoever.
4. For information: pursuant to Article 103(l) of Spanish Royal Legislative Decree 1/2007 (consolidated text of the General Consumer Protection Act), vehicle rental contracts with a specified date or period of performance are excluded from the right of withdrawal; this exclusion does not affect the present cancellation policy, which is more favourable to the Customer.

11. Extras (IGIC included)

The price applicable to each rental shall be the one published on the TopCar website at the time of booking. Once the booking is confirmed, the price of that agreement shall not be modified. The amounts in the table above are those in force as of the date of this document and are indicative.

12. FlexiMiles prices (low season · IGIC included)

The 100 km are total per agreement (not per day). "With Super Cover" = base + promotional Super Cover price (currently €20; the website price in force shall apply if higher, cl. 4.3). Group B = +€5 over A · 8–14 day tier = +€20 over 1–7 days.

The price applicable to each rental shall be the one published on the TopCar website at the time of booking. Once the booking is confirmed, the price of that agreement shall not be modified. The amounts in the table above are those in force as of the date of this document and are indicative.

13. Data protection (FlexiMiles supplement)

The processing of personal data shall be governed by clause 15 of the GTC and by the TopCar privacy policy (https://top-car-hire.com/legal/politica-de-privacidad and the cookie policy), supplemented —not replaced— by the following FlexiMiles-specific information clause, covering the processing introduced by this offer:

• Controller: TopCar Rac, S.L., Spanish Tax ID B-38045498. Contact: rgpd@topcar.es. Data Protection Officer: as published in TopCar's privacy policy.
• Purposes and legal bases: management of the request/booking made through the FlexiMiles website (form) and of the rental contractual relationship — performance of the contract and pre-contractual measures; compliance with legal obligations, in particular documentary registration pursuant to Spanish Royal Decree 933/2021; management of incidents, damage and claims; security of the web platform (anti-fraud/anti-bot measures, technical logs, IP addresses) based on legitimate interest; commercial communications, where applicable, based on revocable consent.
• Recipients/processors: providers processing data on behalf of TopCar (web hosting, transactional email, operational booking-management tool, analytics/anti-bot), under contracts pursuant to Article 28 GDPR; and the recipients set out in clause 15 of the GTC and the privacy policy.
• International transfers: should any processor process data outside the EEA, adequate safeguards shall apply (EU Standard Contractual Clauses or another mechanism under Article 46 GDPR), available upon request.
• Retention: for the duration of the contractual relationship and, thereafter, blocked for the applicable legal limitation periods.
• Third-party data (additional drivers/occupants): the Customer warrants having informed them; TopCar makes this notice and the privacy policy available to them prior to pick-up.
• Rights: access, rectification, erasure, objection, restriction and portability at rgpd@topcar.es; and the right to lodge a complaint with the Spanish Data Protection Agency.

14. Restatement of the prevalence clause

The TopCar General Terms and Conditions shall apply in their entirety to the FlexiMiles agreement. These Special Terms and Conditions only prevail over the GTC on the points expressly regulated herein (clause 18 of the GTC). Any matter not expressly regulated herein shall be governed by the GTC, without exception.