ARTICLE 1. DEFINITIONS

In these General Terms and Conditions the following definitions apply:

1. Costa Mobility Service: Costa Mobility Service trade name by Stuij Costa Services SL, registered with NIF: B13883350;

2. The customer: the buyer, client, tenant, contracting party or anyone else with whom Costa Mobility Service enters into an agreement, to whom Costa Mobility Service makes an offer or delivery, or for whom Costa Mobility Service performs a performance; everything with regard to both business customers and consumers.

ARTICLE 2. VALIDITY

These terms and conditions apply to the sale and/or rental or loan of, among other things, mobility scooters, wheelchairs, rollators, stand-up chairs, general daily care aids, comfort/nursing beds and stair lifts and/or parts thereof.

ARTICLE 3. THE OFFER

1. All offers are without obligation, unless expressly agreed otherwise. Costa Mobility Service is only bound after it has confirmed the order in writing. The period within which the offer remains valid is thirty days, unless stated otherwise in the quotation/offer.

2. All prices stated by Costa Mobility Service are inclusive of VAT and exclusive of packaging and shipping costs and/or other taxes, charges or duties pertaining to the goods and/or services as such, unless expressly stated otherwise in the agreement.

ARTICLE 4. THE AGREEMENT

1. Down payment – Costa Mobility Service is entitled to request a down payment up to a maximum of 50% of the purchase price when entering into an agreement with a customer.

2. Price change – If a change occurs in the price after the conclusion of the agreement, this change will not affect the agreed price. Price changes in the context of clearance sales, closing sales, showroom models, discounts, promotions, purchases

offers and the like do not affect the already agreed price, for which the customer has signed.

3. Retention of title – Costa Mobility Service remains the owner of the goods sold by it to the customer, as long as the customer has not paid the total amount due under the agreement. The customer is obliged to ensure careful handling.

ARTICLE 5. THE DELIVERY TIME

1. The delivery time is understood to mean the term specified in the agreement, within which the performance must be performed. The delivery time is fixed, unless an expected delivery time has been agreed.

2. If the expected delivery time is exceeded, a new delivery time will be agreed in consultation. This further term is equal to the original expected delivery time, extended by a maximum of two months. In extreme cases, the agreement will be dissolved.

ARTICLE 6. TRANSPORT AND DAMAGE ON DELIVERY

1. If damage is found upon delivery of goods, the customer must make a note of the damage on the receipt. Moreover, the customer must report this to Costa Mobility Service in writing within 24 hours after delivery, failing which the customer is deemed to have received the purchased goods without damage.

2. Unless otherwise agreed, the agreement includes the transport of the purchased goods by the entrepreneur, who bears the risk of damage and loss.

ARTICLE 7. THE WARRANTY

1. The warranty covers parts such as the electronics, switches and, if applicable, the electric motor for a period of 24 months from the date of purchase of a new care aid and 3 months of a used care aid, excluding batteries, unless specifically stated otherwise. New batteries are warranted for 6 months from date of purchase. The following parts are expressly excluded from the warranty: tyres, paint, bumpers and foot plates, plastic and rubber parts, upholstery, lighting and lamps, shopping basket, as well as parts subject to normal wear and tear.

2. Warranty is not transferable and lapses in the event of collisions, improper and abnormal use, collisions and all other calamities that fall outside the sphere of influence of Costa Mobility Service. When reporting a warranty claim, the number of the purchase agreement must be provided. Without this information, the warranty claim cannot be processed.

ARTICLE 8. LIABILITY

1. Special liability insurance is explicitly required by law for the use of certain products, such as a mobility scooter. The customer must take care of this himself, unless agreed otherwise in the purchase agreement.

2. Costa Mobility Service is in no way liable for (consequential) damage caused by the use of the products supplied by Costa Mobility Service. Neither Costa Mobility Service nor its staff is liable for any damage, by whatever name and by whatever cause, other than as a result of own intent or gross negligence, to be proven by the customer and then only up to a maximum of the amount of the work or deliveries to be performed by Costa Mobility Service, or a proportionate part there of.

ARTICLE 9. INTELLECTUAL PROPERTY RIGHTS

Costa Mobility Service retains at all times the intellectual property rights, including copyrights, to the designs, sketches and calculations it has designed or created, even if the customer has given it an order to do so.

ARTICLE 10. PRODUCT ON TRIAL

1. In some cases it is possible to try a product at home. A written agreement will be drawn up in advance for this in all cases. It also specifies the period during which the product may be tried.

2. For testing a product at home, a down payment of an amount agreed upon in consultation and within reason is required at all times. If the customer proceeds to purchase the product, this will be settled by Costa Mobility Service.

3. Costa Mobility Service delivers the products to be tested to the customer in good condition. These must be returned in the same condition. The provisions included in Article 10 also apply to these terms and conditions.

ARTICLE 11. PAYMENT

1. Each purchase agreement is subject to the general condition that payment is made upon delivery, unless otherwise agreed.

2. If Costa Mobility Service carries out a delivery for the implementation of an agreement in parts, it is entitled to demand payment of the total upon conclusion of the agreement.

3. If an invoice is sent, the payment term is 5 days after the invoice date, unless otherwise agreed. The customer is automatically in default by the expiry of the payment term. If the invoice remains unpaid in full or in part after 5 days, the customer is obliged to pay Costa Mobility Service compensation for loss of interest amounting to the statutory interest on the unpaid invoice amount from that time until full payment.

4. Without prejudice to the provisions of Article 12.3, Costa Mobility Service will send the customer one payment reminder after the payment date has passed, in which it points out his default and gives him the opportunity to pay within 5 days.

5. If installments of an installment scheme are not paid at the agreed times, the installment scheme will lapse and the full (remaining) amount will be immediately due and payable.

6. All costs, both judicial and extrajudicial, which Costa Mobility Service must incur to enforce its rights, are for the account of the customer. These costs amount to at least 15% of the amount involved.

7. In the event of complaints, the customer is only entitled to withhold that part of the invoice that is in reasonable proportion to the content and seriousness of the complaint. This does not release the customer from his obligation to pay the remaining part of the invoice within the agreed period.

ARTICLE 12. CANCELLATION AND RETURN

1. In the event of cancellation of the agreement by the customer, the latter will owe compensation of 30% of what the customer should have paid for the performance of the agreement. The percentage as referred to in the previous sentence is 50% if the cancellation of an agreement is made by the customer, while the customer has already been informed that the delivery – or part thereof if it concerns a partial delivery – can take place. The percentages referred to in the previous paragraph are fixed, unless Costa Mobility Service can prove that its damage is greater. For products that must be custom-made and, as a result, are ordered specifically for the customer, including partial deliveries and adjustments, Costa Mobility Service is entitled to claim a maximum of 75% of the amount that should have been paid upon implementation of the agreement.

2. When returning an article, the customer is responsible for the damage-free and faultless return of the required article, even if this concerns transport damage or loss. Extra good packaging of the product, protected against bumps, moisture and dirt, is strongly recommended, regardless of how the package was delivered to the customer. To avoid discussion, Costa Mobility Service advises the customer to take photos of the condition of the item before shipment and to take photos of the package as it is offered to the carrier. In this way, the customer can claim any transport damage from the carrier. For extra security, the item can be sent insured or the customer can return the item to the store. If the article already has a defect upon receipt, the customer must report this to Costa Mobility Service in writing or by e-mail within 24 hours of receipt of the product, with photos of the defect (see also Article 6). If this is not done, it is assumed that any damage or defect occurred at the customer or during transport from the customer to Costa Mobility Service. Damage or defect will be reasonably charged to the customer.

3. If an article falls outside the return conditions or cannot be accepted for return by Costa Mobility Service for any other reason (for example damage or loss), the costs for return delivery to the customer will be charged to the customer.

ARTICLE 1. CONTRACTORS

1.The contracting parties are the Customer, who is 55 years or older or demonstrably disabled, and Costa Mobility Service, trade name of Stuij Costa Services S.L. with NIF: 13883350. Costa Mobility Service undertakes to place the rented care aid, described on the rental form, (in conjunction with “the rented”) at the Customer’s disposal for the duration of the contract, and to ensure that it is in a usable condition and complies with traffic regulations. The Customer undertakes to pay the total rental price at the time of signing the contract and concluding the contract.

2. The rental agreement for the rented care device is for a fixed period of time. The rental day period begins at 9:00 am and ends at 9:00 pm. Advance reservations are recommended for all rented care aids.

3. The rented care aid will be delivered and picked up, in consultation with the Customer, at an additional cost, if any, depending on the delivery location. The amount of the delivery charge will be agreed upon at the time of reservation. The Customer must provide clear information about the location where the rented care aid can be delivered and picked up and the Customer must provide a functional mobile number.

4. All changes to the rental contract must be notified by the Customer to Costa Mobility Service and confirmed by Costa Mobility Service.

5. Exceptional circumstances or force majeure may cause a delay in delivery to the Customer. In such cases, Costa Mobility Service will always inform the Customer of the changes.

6. All rented care aids are presented in an impeccable state of operation, set up by professional mechanics of Costa Mobility Service. The Customer accepts the immaculate estate of the rented care equipment and has the duty to inspect the care equipment and report any damage. You rent includes cleaning the care aid upon return. However, if the care aid is so dirty that it must be professionally cleaned, the cost will be passed on to the Customer.

7. The rented care equipment may only be used by the designated Customer and the members of his/her party as stated in the rental contract. The Customer undertakes to use the rented care aid with due care and propriety to observe traffic regulations. The Customer is not allowed to transport passengers or modify or adapt the rented care aid in any way.

8. The Customer is prohibited from using a rented mobility scooter or electric wheelchair under the influence of alcohol or drugs.

9. The Customer shall carry the signed rental contract, digital or otherwise, throughout the rental period for possible identification to the police.

10. If the Customer does not comply with the provisions of the General Conditions, Costa Mobility Service has the right to terminate the rental contract prematurely, to repossess the rented vehicle and to proceed to recovery of the rental fee for the entire agreed rental period.

ARTICLE 2. RESERVATION, PAYMENT & DEPOSIT

1. All reservations of rented care equipment must be made in advance with sufficient time to confirm availability. Payment will be made upon delivery of the rented item.

2. The rented care equipment must be paid in full upon signing the rental contract. Accepted methods of payment: Credit or debit card (MasterCard or Visa) or cash (EUR).

3. The Customer must read, accept and sign the rental agreements. The Client will be asked to show an original passport or personal ID and proof of disability in case of age under 55. The deposit of €20 to €250 per care aid (depending on the type of care aid) must be paid in cash. The deposit is refunded if the rented equipment is returned in the same condition in which it was rented. There is no right to a refund of the deposit until the end of the rental contract.

ARTICLE 3. RESPONSIBILITY OF THE CUSTOMER

1. The Customer accepts the cost of missing or broken parts of the rented care aid at market prices. If the missing or broken rented care device exceeds the amount of the deposit, the Customer must settle the balance.

2. The Customer is obliged to protect the rented care equipment against loss and theft. In case of theft or loss during the rental period, the Customer must bear all costs of replacing the rented item at the market prices in force at the time, including 21% VAT. From the moment of signing the contract and receiving the rented care equipment, the Customer is fully responsible for the rented item.

ARTICLE 4. REPLACEMENT DURING THE RENTAL PERIOD

1. If the Customer encounters problems with the rented equipment during the rental period, Costa Mobility Service will replace the rented care equipment. In case of improper use of the rented care equipment resulting in damage, the Customer will be charged for the repair costs. If the damage exceeds the amount of the deposit, the Customer must settle the balance.

ARTICLE 5. LIMITATION OF LIABILITY

1. Costa Mobility Service has civil liability insurance for mobility scooter rentals. This insures you for damage and injury to third parties. Damage or injury to yourself or the mobility scooter is not insured and is your own liability.

2. However, Costa Mobility Service is not responsible for liability arising from improper use of the rented mobility scooter. For example, injury, damage, loss or theft due to accidental drinking, reckless driving or unattended storage.

3. The Customer is responsible for adequate personal insurance for risks that may occur during the rental period. Costa Mobility Service is not liable for claims for bodily injury or damage, accidents or loss of personal property.

4. The Customer must respect Spanish traffic regulations. Any ticket or fine as a result of misuse of the rented care device will be the full responsibility of the Customer.

ARTICLE 6. CANCELLATION

1. If the Customer is forced to cancel the reserved care aid before the start of the booking, no rent will be due to Costa Mobility Service and the booking will be cancelled free of charge.

2. If the Customer is forced to cancel the rented care aid during the rental period, no refund will be made for the duration of one month’s rental. If the Customer has rented the care aid for more than one month, the Customer may request a refund from Costa Mobility Service starting from one month’s rental.

Do you have questions? Please feel free to contact us:

Costa Mobility Service
T: +34 744 723 248
E: info@costamobilityservice.com