GENERAL CONTRACTING CONDITIONS
These GENERAL CONDITIONS OF CONTRACT FOR THE HIRE OF A VEHICLE (hereinafter, «General Conditions») shall govern the contractual relationship between PALLMARIDERS S.C. («Lessor») and the user (hereinafter, «Hirer»), by virtue of which the former grants the latter the use of a vehicle («Vehicle»). (hereinafter, «Lessor») and the user (hereinafter, «Lessee»), 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 the 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’s rent and a penalty of 50€ will be charged for the first day and the consecutive days of delay. The contract is terminated from the agreed time for delivery, once the vehicle has been handed over together with the keys and documents, by means of the hirer’s signature of acceptance. If the vehicle is not returned 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, the lessee must be at least 18 years of age, have all the necessary physical faculties and possess the driving licence corresponding to each vehicle.
The delivery and collection of the vehicle will always take place at the place agreed in the particular conditions and within the established timetable. Failure on the part of the client to do so implies his or her responsibility to assume all the expenses that this may cause. Reservations will be considered as no-shows if the vehicle is not collected from the shop within one hour of the time indicated.
The vehicle is delivered in perfect working and aesthetic condition, and the lessee declares that he/she has examined it to his/her complete satisfaction and therefore exempts the lessor from any responsibility for any accident or inconvenience suffered by the lessee 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 it was delivered, the estimated refuelling cost 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 normal 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 as when they were delivered.
The authorisation to drive the vehicle is limited to the contract holder, who may not sublet or transfer the vehicle to third parties. The use of the vehicle is limited to the island of Mallorca and on asphalted roads. It is forbidden to use the vehicle to commit illegal acts or to damage the image of the rental company, or to use it on racing circuits, unpaved roads, sand or rocks and beaches.
Payment and deposit
When booking online, an advance payment of 50% of the total amount will be made on some occasions, with a minimum of 8 hours rental for some items. The remaining amount will be paid on collection of the vehicle. It is possible to pay by credit card with secure online payment. At the signing of the contract, the renter will deposit a deposit of 150€ (depending on the product rented), except for electric vehicles, which will be 50€, to partially or fully cover possible charges that may be generated. The amount of the deposit does not in any way limit the customer’s liability. This deposit will be refunded in full 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 the procedure will be as set out 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 expense of the client, the amount of which will be assigned by the lessor on the basis of the table of costs that can be requested when signing the contract, which the lessee will accept and ensure that he/she is 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 given in the special conditions. The lessor will not be responsible for any towing or roadside assistance contracted directly by the lessee. If roadside assistance is requested without an actual breakdown, a travel cost of €50 will be charged, as in the case of breakdown caused by driver negligence, the repair being at the expense of the customer. Otherwise, the vehicle will be replaced by another if available or the amount of the rental period not used will be refunded. The repair of tyres will always be the responsibility of the lessee, who must immediately replace them with others of the same characteristics, make and model.
In the event of an accident, he/she must take the details of the parties involved in the accident and sign the corresponding accident report or accident report. The deposit will be retained until the insurance company verifies that the information provided is correct.
The lessor is not responsible for the theft of personal belongings left in the vehicle.
The client relieves the lessor of all liability that may result from infringements in relation to the use of the vehicle.
All fines, penalties, liens, seizures, forfeitures, court costs and other costs (including, without limitation, recovery of costs for parking, traffic and other offences, including storage charges and costs) which may be imposed on the Hirer, but which are due by reason of the care, custody, control, possession, driving or use of the vehicle shall be payable by the Hirer.
Insurance
The rental price includes compulsory civil liability insurance cover and 24-hour roadside assistance (for motorbikes), in accordance with the conditions of the policy taken out by the lessor at the time of the rental contract, except in the event of negligence or any breach of the obligations of these general conditions by the lessee.
The contracting of 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 contracted, 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 the event of reckless or negligent use or use under the influence of alcohol or drugs, and a police report must be filed and the keys handed over in the event of theft. If the limitation of liability has not been contracted, the renter’s liability is limited to the market value of the vehicle. The renter understands that the liability insurance will not provide coverage for fines or penalties.
The renter and his occupant release the lessor from all liability for any damage they may suffer, both physical and material, resulting from the 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 passenger and third parties. The absence of this experience and knowledge is sufficient cause for early cancellation of the rental contract without the right to reimbursement of the amounts paid.
The Hirer is responsible for insuring the driver and the accompanying person, if any. The lessor shall not be liable, under any circumstances, for hospitalisation costs, medical fees or similar or for the consequences that these may have on the normal development of their trip or holiday, return to their place of residence or incorporation into their economic or work 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 imply the right 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 with less than 24 hours notice and up to 48 hours notice 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. It is not permitted to extend this contract, unless expressly authorised by the lessor.
Replacement
The lessor will only replace the leased vehicle in the following cases:
1. Accident when it is not caused by the lessee, upon delivery of the signed accident report.
2. Breakdown 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 here and in the particular conditions, and the parties submit to the jurisdiction of the Courts of Palma de Mallorca, expressly waiving any other jurisdiction, for any matter arising from its application or non-application.
Legal clause of authorisation 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 E-mail: electrónico:PALMARIDERS@GMAIL.COM;
On behalf of the company we process the information you provide in order to provide you with the service and sell you the products you have requested, and to invoice you for 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 passed on 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 you have the following rights
right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.
