Common use of LIABILITY AND LIMITATION OF LIABILITY Clause in Contracts

LIABILITY AND LIMITATION OF LIABILITY. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982 If you are a business, we are not liable to you or your business (whether in contract or tort, including without limitation negligence) or otherwise responsible for any loss of profit, business contracts, revenues, anticipated savings nor for any indirect or consequential damage of any kind. Subject to section [1.2], if you are a business, our liability to you (whether in contract or tort, including without limitation negligence) shall be limited to the rental charge you are required to pay us under the Rental Agreement. If you are a consumer, you agree that you will not use the Vehicle for any commercial or business purpose and accordingly that if you use the Vehicle for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process Termination Of Agreement If we terminate the Rental Agreement, it will not affect our right to receive any monies we are owed under the existing Rental Agreement. We may immediately end the Agreement if we become aware or suspect that you have, or any Approved Driver has breached these terms and conditions. Governing Law Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a consumer. This Rental Agreement is governed by the laws of England . We or you may bring a claim either in the country where the Vehicle is collected or in your country of residence. Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a business, you and we both agree that the Rental Agreement shall be governed by the laws of England and Wales and to the exclusive jurisdiction of the English courts. Alternative dispute resolution

LIABILITY AND LIMITATION OF LIABILITY. 14.1 To the maximum extent permitted by applicable law, We do will not exclude be held liable for: 14.1.1 any fault or limit in any way our liability failure relating to you where it would be unlawful to do so. This includes liability for (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach the use of the terms implied by section 2 Prepaid Product that is a result of abnormal and unforeseeable circumstances beyond Our control which would have been unavoidable despite all Our efforts to the Sale of Goods and Services Act 1982 If you are a business, we are not liable to you or your business (whether in contract or tortcontrary, including without limitation negligence) but not limited to, a fault in or otherwise responsible for failure of data processing systems; 14.1.2 the goods or services that You purchase with Your Prepaid Product; 14.1.3 any loss of profit, business contracts, revenues, anticipated savings nor for any indirect or consequential damage of any kind. Subject to section [1.2], if you are a business, our liability to you (whether in contract or tort, including without limitation negligence) shall be limited to the rental charge you are required to pay us under the Rental Agreement. If you are a consumer, you agree that you will not use the Vehicle for any commercial or business purpose and accordingly that if you use the Vehicle for any commercial or business purpose we will have no liability to you for any loss of profitprofits, loss of business, business interruptionor any indirect, consequential, special or punitive losses; 14.1.4 any acts or omissions that are a consequence of Our compliance with any national or European Union law; or 14.1.5 any fees charged by third parties such as other banks, financial institutions or commercial third parties for use of their facilities or services. In any event Our liability will be limited to the balance of Your Account at the time that the event occurs. 14.2 In addition to the conditions set out in section 14.1, Our liability shall be limited as follows: 14.2.1 Where Your Prepaid Product is faulty due to Our fault, Our liability shall be limited to replacement of the Prepaid Product, or loss at Our choice, repayment to You of business opportunity. We the available funds on Your Account; 14.2.2 Where sums are responsible incorrectly deducted from the available funds on Your Account due to you Our fault, Our liability shall be limited to payment to You of an amount equivalent to the amount incorrectly deducted. 14.2.3 In all other circumstances of Our default, Our liability will be limited to repayment of the amount of the available funds on Your Account. 14.2.4 Nothing in this Agreement shall exclude or limit Our liability for foreseeable loss and damage caused by us. death or personal injury. 14.3 If we fail You have used Your Prepaid Product fraudulently or allowed Your Prepaid Product to be used fraudulently, in a manner that does not comply with these termsTerms and Conditions, we are for illegal purposes, or if You have allowed Your Prepaid Product or its details to be compromised due to Your negligence You will be held responsible for the use and misuse of the Prepaid Product. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or damage you suffer regulations impose such a limit. This means You should take care of Your Prepaid Product and its details and act responsibly, or You will be held liable. 14.4 Providing that You have taken all reasonable care necessary and subject at all times to sections 11.3 and 12.4, You will not be liable for unauthorised transactions associated with a lost or stolen Card or a compromised Account . 14.5 Claims for non-execution, incorrect execution or late execution of authorised transactions: 14.5.1 If an authorised transaction is not executed or not executed correctly, You may request Us to refund the full amount of the transaction without delay insofar as the transaction was not made or not made correctly. If the amount has been deducted from Your Account, We shall restore the balance of Your Account to what it would have been without debiting for the non-executed or incorrectly executed transaction. If Your transaction was initiated by a foreseeable payment initiation service provider, We shall be subject to the aforementioned obligations. 14.5.2 Over and above section 14.5.1, You may ask Us to refund any charges and interest insofar as these were levied on You or debited to Your Account in connection with the non-execution or incorrect execution of the transaction. 14.5.3 If an authorised transaction is executed late, You may request Us to ask the payee’s payment service provider to credit the payment amount to the payee’s payment account as if the credit transfer had been properly executed. This obligation shall also apply if Your transaction is initiated via a payment initiation service provider. 14.5.4 Our liability in accordance with sections 14.5.1-14.5.3 is excluded in the following cases: (i) We are able demonstrate to You that the payment amount was remitted to the payee’s payment service provider in due time and in full. (ii) The transaction was executed in conformity with the incorrect unique payee identifier provided by You. In this case, You may, however, ask Us to make reasonable efforts to recover the amount of the transaction. If the transaction amount cannot be recovered, We shall upon written request provide You with available information that will enable You to assert a claim for a refund of the transaction amount against the actual recipient of the transaction. 14.5.5 Your claims under sections 14.5.1-14.5.3 for a non-executed or, incorrect executed transaction are excluded if You do not notify Us within 13 months after the day the transaction was made. This 13 month period shall only commence if We have notified You of the debit booking by the means agreed for transaction statements, as outlined in section 7, by no later than one month after the debit booking. Otherwise, this period shall begin with the date of the notification. This shall also apply if Your transaction was initiated via a payment initiation service provider. 14.5.6 Claims on Your part are excluded if the circumstances giving rise to a claim: (i) Are based upon an exceptional and unforeseeable event on which We have no influence and whose consequences could not have been avoided by exercising due diligence; (ii) Were brought about by Us as a result of our breaking a statutory obligation. 14.6 If You permit an AIS Provider or PIS Provider to act on Your behalf, You are liable to Us for the actions that You authorise the AIS Provider or PIS Provider to take on Your behalf, subject to Your mandatory legal rights and sections 14.4 and 14.5. Granting permission to any third party in any way does not relieve You of any of Your responsibilities under this contract or our failing to use reasonable care Agreement. You acknowledge and skill, but we are not responsible for any loss or damage agree that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process Termination Of Agreement If we terminate the Rental Agreement, it You will not affect our right hold Us responsible for, and will indemnify Us from, any liability arising from the actions or inactions of this third party in connection with the permissions You granted. 14.7 The Luxembourg Deposit Guarantee Fund (“Fonds de garantie des dépôts Luxembourg“ - FGDL) does not apply to receive Your Prepaid Product. However as a responsible e-money issuer We take the security of Your money very seriously. Your funds are held in a secure client account, specifically for the purpose of redeeming transactions made via Your Prepaid Product. In the unlikely event of any monies we are owed under the existing Rental Agreementinsolvency, funds that have reached Our client account will be protected against claims by creditors. We may immediately end will be happy to talk through any questions or concerns You might have; please contact Customer Service for information. 14.8 It is Your responsibility to ensure that any funds transferred to us for Your benefit are done so in accordance with Our instructions, in particular that You ensure the Agreement if we become aware or suspect that you have, or any Approved Driver has breached these terms and conditions. Governing Law Which laws apply correct identifier information is included with the funds transfer to the Rental Agreement and where you may bring legal proceedings if you are a consumer. This Rental Agreement is governed by the laws of England enable Us to assign such funds to Your Account. We or you may bring a claim either in the country where the Vehicle is collected specifically disclaim all liability arising out of or in your country connection with any arrangements You may have entered into with a third party financial institution regarding funds transferred to Your Account. In particular We disclaim all liability for errors made by such third party financial institutions and will only be liable for those funds received by Us in accordance with Our instructions and credited to Your Account for the purchase of residence. Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a business, you and we both agree that the Rental Agreement shall be governed by the laws of England and Wales and to the exclusive jurisdiction of the English courts. Alternative dispute resolutionelectronic money.

LIABILITY AND LIMITATION OF LIABILITY. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Sale of Goods and Services Act 1982 ▇▇▇ ▇▇▇▇ If you are a business, we are not liable to you or your business (whether in contract or tort, including without limitation negligence) or otherwise responsible for any loss of profitprofit, business contracts, revenues, anticipated savings nor for any indirect or consequential damage of any kind. Subject to section [1.2], if you are a business, our liability to you (whether in contract or tort, including without limitation negligence) shall be limited to the rental charge you are required to pay us under the Rental Agreement. If you are a consumer, you agree that you will not use the Vehicle for any commercial or business purpose and accordingly that if you use the Vehicle for any commercial or business purpose we will have no liability to you for any loss of profitprofit, loss of business, business interruption, or loss of business opportunity. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process Termination Of Agreement If we terminate the Rental Agreement, it will not affect affect our right to receive any monies we are owed under the existing Rental Agreement. We may immediately end the Agreement if we become aware or suspect that you have, or any Approved Driver has breached these terms and conditions. Governing Law Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a consumer. This Rental Agreement is governed by the laws of England . We or you may bring a claim either in the country where the Vehicle is collected or in your country of residence. Which laws apply to the Rental Agreement and where you may bring legal proceedings if you are a business, you and we both agree that the Rental Agreement shall be governed by the laws of England and Wales and to the exclusive jurisdiction of the English courts. Alternative dispute resolutionresolution Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the British Vehicle Rental and Leasing Association via their website at http:// ▇▇▇.▇▇▇▇▇.▇▇.▇▇. The British Vehicle Rental and Leasing Association will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition,