GENERAL TERMS AND CONDITIONS

These GENERAL CONDITIONS OF CONTRACT FOR THE HIRE OF A VEHICLE (hereinafter, “General Conditions”) shall govern the contractual relationship between PALLMARIDERS S.C. ( hereinafter, “Lessor”) and the user (hereinafter, “Renter”). (hereinafter, “Lessor”) and the user (hereinafter, “Renter”), by virtue of which the former grants the latter the use of a vehicle (hereinafter, “Vehicle”) for the term, price and other conditions stipulated by the parties in the rental contract or particular conditions, which shall be made and signed at the Lessor’s premises.

Duration of contract

The duration of the contract is established by the dates indicated in the particular conditions accepted and signed by the lessee. After one hour of courtesy, an extra day of rental and a 50€ penalty will be charged for the first day and the consecutive days of delay. The contract is terminated from the agreed time of delivery, once the vehicle is delivered together with the keys and documents, by means of the lessor’s signature of acceptance. If the lessee does not return the vehicle on the date and at the time established in the particular conditions, the lessor may denounce the lessee for misappropriation.

Conditions of use, reception, return, use and maintenance of the vehicle

In order to be a contract holder, it is a requirement to be at least 18 years of age, to have all the necessary physical faculties and to have the driving license corresponding to each vehicle.

The delivery and collection of the vehicle will always be made at the place agreed upon in the particular conditions and within the established schedule. Failure on the part of the customer to comply implies his responsibility to assume all the expenses incurred as a result. Reservations will be considered as no-shows if the vehicle is not picked up at the store within one hour of the indicated time.

The vehicle is delivered in perfect working and aesthetic conditions, and the lessee declares to have examined it to his complete satisfaction, thus exempting the lessor from any responsibility for any accident or inconvenience suffered by him as a user.

The vehicle must be returned in the same condition as it was delivered, including the fuel tank. If the vehicle is not returned with the same level of fuel as delivered, the estimated refueling amount will be charged with a minimum of 5€ and an additional service charge of 10€. If a cleaning treatment is necessary due to liquids, sand, vomit, food, creams or any other element outside the usual use of the vehicle, a charge of 30€/vehicle will be applied. Animals may not be transported.

Two helmets and documentation are delivered with the vehicle, which must be returned in the same conditions of delivery.
The authorization to drive the vehicle is limited to the contract holder, who may not sublease or assign the vehicle to third parties. Use is limited to the island of Mallorca and on paved roads only. It is forbidden to use it to commit illicit acts or to damage the image of the rental company, to use it on race tracks, unpaved roads, sand or rocks and beaches.

Payment and Deposit

By means of the online reservation a prepayment of 50% of the total amount will be made on some occasions, with a minimum of 8 hours of rental for some items. The remaining amount will be paid upon vehicle pick-up. It is possible to pay by credit card with secure online payment. At the signing of the contract, the lessee will deposit a deposit of 150€ (depending on the product rented), except for electric vehicles, which will be 50€, to partially or totally cover possible charges that may be generated. The amount of the deposit does not limit the client’s liability in any case. This deposit will be fully refunded to the lessee at the end of the contract between the parties, within a period of 1 to 15 days depending on the bank, provided that there has been no damage to the rented vehicle, in which case it will proceed as set forth in the following paragraph.

All damages to the vehicle that were not present prior to the signing of the rental contract will be repaired at the customer’s expense, the amount of which will be assigned by the lessor on the basis of the table of costs that may be requested at the signing of the contract, which the lessee shall accept and make sure to be aware of. If the damage is not quantified in this table, it will be repaired or replaced by an official service, in which case the lessee will be informed.

Breakdowns, accidents and fines

In case of breakdown or accident, the lessee must contact the lessor at the emergency telephone number indicated in the particular conditions. The lessor will not be responsible for any towing or roadside assistance contracted directly by the lessee. If roadside assistance is requested without actual breakdown, a travel cost of 50€ will be charged, as in case of breakdown caused by driver’s negligence, being the repair at the customer’s expense. Otherwise, the vehicle will be replaced by another one if available or the amount of the rental period not used will be refunded. The repair of tires shall always be at the expense of the lessee, who shall immediately replace them with others of the same characteristics, make and model.

In the event of an accident, you must take the information of the opposing parties and sign the corresponding accident report or accident report. The deposit will be withheld until the insurance company verifies that the information provided is correct.

The lessor is not responsible for the theft of personal property left in the vehicle.

The client releases the lessor from any liability that may result from violations related to the use of the vehicle.

All fines, penalties, liens, seizures, forfeitures, court costs and other charges (including, without limitation, recovery of charges for parking, traffic and other violations, including storage charges and costs) which may be imposed on Renter, but which are due by reason of the care, custody, control, possession, driving or use of the Vehicle shall be due and owing to Renter.

Insurance

The rental price includes compulsory civil liability insurance coverage and 24-hour roadside assistance (for motorcycles), according to the terms of the policy taken out by the lessor at the time the rental contract is in force, except for negligence or any breach of the obligations of these general terms and conditions by the lessee.

The optional liability waiver, limited to the amount of the excess for an extra charge of 3EUR/day, is voluntary and will be reflected in the particular conditions. If hired, the renter will have a maximum liability for own damage to the vehicle or third parties for the amount of the excess, including theft. It does not apply in case of reckless or negligent use or use under the influence of alcohol or drugs, and it is necessary to file a police report and hand over the keys in case of theft. If the limitation of liability has not been contracted, the lessee’s liability is limited to the market value of the vehicle. Renter understands that liability insurance will not provide coverage for fines or penalties.

The lessee and his occupant exempt the lessor from all liability for any damage they may suffer, both physical and material, arising from normal or abnormal use of the rented vehicle. They expressly declare that they are aware of the risks that the use of a vehicle such as the one they are renting may cause and that they have the necessary experience and knowledge to operate the vehicle without risk to themselves, their passengers and third parties. The absence of this experience and knowledge is sufficient cause for the early cancellation of the rental contract without the right to a refund of the amounts paid.

Insuring the driver and passenger, if any, shall be the responsibility of the lessee. The lessor shall not be held responsible, under any circumstances, for hospitalization costs, medical fees or similar or for the consequences that these may have on the normal development of your trip or vacation, return to your place of residence or incorporation into their economic or labor activity.

Cancellation and early termination If the lessee returns the vehicle before the date set in the particular conditions, the delivery of the vehicle does not entitle the lessee to a refund of the amount paid for the time not used.
It is possible to cancel a reservation if it is made at least 72 hours in advance and recover the amount paid for the reservation.

Cancellations made less than 24 hours in advance and up to 48 hours in advance will be refunded 50% of the amount paid.

Failure to show up at the time and date requested for the reservation (1 hour margin, unless prior notice is given) implies the total loss of the amount paid in advance for the reservation and the right to the reservation. The present contract may not be extended, unless expressly authorized by the Lessor.

Replacement

The lessor will only replace the leased vehicle in the following cases:

1. Accident when not caused by the lessee, upon delivery of the signed accident report.
2. Failure not attributable to the driver
3. Theft, upon delivery of the police report and delivery of the keys.

Legal regime and jurisdiction

This contract is governed by what is agreed herein and in the particular conditions, submitting the parties to the jurisdiction of the Courts of Palma de Mallorca with express waiver of any other jurisdiction, for any matter arising from its application or breach.

Legal clause of authorization for the collection and processing of personal data

Responsible Identity: PALMARIDERS S.C. – CIF: J16660466 Postal address: ARXIDUC LLUIS SALVADOR 19 LOCAL IZQ. 07004.PALMA DE MALLORCA Telephone: 601181425 Mail electrónico:PALMARIDERS@GMAIL.COM;

On behalf of the company we process the information you provide in order to provide the service and sell the products requested, perform the billing of the same. The data provided will be kept for as long as the business relationship is maintained or for the years necessary to comply with legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation as to whether PALMARIDERS S.C. is processing your personal data and therefore has the right to
right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.