The following translation is for information purposes, and the only legally valid version is the Spanish one.
These GENERAL TERMS AND CONDITIONS FOR THE RENTING OF A VEHICLE (hereinafter ‘Terms and Conditions’) shall regulate the contractual relation between Herrero Mraz SLU, B57957037, (hereinafter ‘owner’) and the customer (hereinafter ‘renter’), under which the former gives the latter the use of a vehicle (hereinafter ‘Vehicle’) for the period, price and other conditions stipulated by the parties in the rental contract or special conditions to be formalized and signed at the owner’s premises.
Duration of the contract
The duration of the contract is determined by the dates indicated in the special conditions, previously accepted and signed by the renter. After a complimentary hour is over, an extra day’s hire and 50 € penalty shall be charged for the first day and each subsequent days of delay. The contract is terminated at the agreed delivery time, once the vehicle, together with keys and documents, have been delivered and by means of the signature of acceptance of the owner. If the vehicle were not returned at the designated time and date established in the special conditions, the owner shall be able to sue the renter for misappropriation.
Terms of vehicle use, delivery, return and maintenance
Being at least 18 years of age, having all the necessary physical faculties and holding the driving licence corresponding to the vehicle category are requirements to be considered a legal contractor. The minimum age for hiring a car or motorbike with a cylinder capacity equal or exceeding 250cc is 23 and 25 for more than 500cc.
Pick-up and delivery of the vehicle shall be held at a place indicated in the special conditions and within the established schedule. Failure by the customer to comply shall hold him responsible for all expenses incurred. A reservation will be considered “no show” if the customer is not in the selected shop within one hour from the indicated time, or 30 minutes in deliveries to hotel or address.The vehicle shall be delivered in perfect working and aesthetic condition, indicating the renter that it has been examined to full satisfaction, so that the owner shall not be held accountable in case of any claim or inconvenience suffered by the user.
The vehicle has to be returned in the same condition it was delivered, including the fuel tank. If the vehicle is not returned with the same fuel level it was delivered, the filling charge will be at customers cost with a minimum of 5 € plus a 10 € charge for displacement. If a cleaning treatment due to fluids, sand, food, cream, vomit stains or any other element outside the usual usage of the vehicle were necessary, a 30 €/motorbike and a 60 €/car surcharge will apply. Smoking is not permitted in cars. Animal transport is not permitted.
Two helmets and documentation are given together with the motorbike, and they are to be returned following the same delivery conditions.
Authorization for driving the vehicle is limited to the contractor, without subletting or third party transfer. Vehicle usage is limited only to the island of Mallorca and on asphalted roads. Its use for committing unlawful acts for damaging the image of the rental company, for track racing, or driving on non-paved, sand or rock roads is prohibited.
Payment and Deposit
A 25% advance payment from the due total, based on a minimum of a one day’s rental, shall be made upon making an online reservation. The remaining amount will be paid upon vehicle pick-up.
A secure online credit card payment can be used. Bank transfer payment can also be used if reserving 5 days in advance from EURO countries.
Upon signing the contract, and in order to partially or completely cover any charges incurred, the renter shall make a 200 € deposit, except for models Moto Guzzi, BMW and Ducati and Harley which is 400€. The deposit amount does not limit in any way the responsibility of 4the customer. Such deposit shall be reimbursed in full to the renter upon termination of the contract between parties, within a period of between 1 and 15 days depending on the bank, provided there is no damage in the rented vehicle, in which case the procedure will be the one outlined in the following paragraph.
All vehicle damages not indicated prior to signing the rental contract shall be repaired at the customer’s expense, and the quantity shall be assigned by the renter on the basis of the cost chart set out in annex 1, which the renter accepts and claims to know. If the damages were not fully quantified in this chart, an official service will repair or replace, while informing the renter.
Breakdowns, accidents and fines
In case of breakdown or accident, the renter shall contact the owner by calling the emergency number provided in the special conditions. The owner shall not be responsible for any towing services or breakdown assistance hired directly by the renter. If breakdown assistance were requested without real engine failure, a 40 € call-out cost will apply, and the same will be true in case the breakdown occurs due to the driver’s negligence, in which case the repair will be at the customer’s expense. On the contrary, the vehicle shall be substituted by another, if available, or the non-used rental period amount shall be reimbursed. Tyre repairs shall always be the renter’s responsibility, who should have them replaced by others of similar characteristics, brand and model.
In case of accident the renter shall take note of the particulars of all opposing parties in the accident and shall sign the corresponding complaint or friendly settlement declaration report. The deposit shall be retained until the insurance company verifies that the submitted data is correct.
The owner shall not be held liable if personal belongings that are left in the vehicle get stolen.
The client releases the owner from all liability that could result from infringements concerning the use of the vehicle.
All fines, penalties, embargoes, confiscations, legal and other fees (including, not limiting, cost recovery for traffic violation, illegal parking and other offences, among which we find charges and storage costs) that may be imposed on the renter, and that are due to Motorbike care, custody, control, possession, driving or usage, shall be chargeable to the renter.
According to the conditions of the insurance subscribed by the owner during the time of validity of the rental contract, the rental price includes the compulsory general liability coverage and 24-hour roadside assistance, except in case of negligence or breach of obligations included in the present general conditions on the part of the renter.
Taking out the optional exemption from liability, limited to the car hire insurance excess value, for an extra charge of just 3 €/day is voluntary and shall be reflected in the special conditions. If contracted, the renter shall have maximum liability for self or third party damages in the vehicle, including theft, for the amount of the exemption. It does not apply in case of reckless or negligent driving, or under the influence of alcohol or drugs, and filing a police report and handing over the keys in case of theft shall be necessary. If limitation of liability is not taken, the responsibility of the renter shall be limited to the market value of the vehicle. The renter is aware that the liability insurance shall not provide coverage for fines or penalties.
The renter and occupants relieve the owner of all liability for any physical or material damage they could suffer, derived from the normal or abnormal use of the rented vehicle. They specifically declare they understand the risks that the use of a motorbike could imply and state they have the necessary experience and knowledge to ride the motorbike without risk for his/her integrity, the occupants’ and that of third parties.
Insuring the driver and the occupants, if any, shall be the responsibility of the renter. The owner shall not be liable, under any circumstances, for hospitalization costs, medical or other fees, nor for the consequences these could have during their holidays or trip, their return to the place or residence or entry into their economic or working activity.
Cancellation and Anticipated termination
Should the renter return the vehicle before the established date set in the special conditions, returning the vehicle would not imply the right to be refunded for the amount of unused paid time.
Cancellation of an online reservation shall be possible if done at least 48 hours in advance. Cancelling without giving 48-hour notice, or no shows, imply the loss of any payments made in advance in terms of boking. Extension of the contract shall not be allowed, unless expressly authorised by the owner.
The owner shall only substitute the rented vehicle under the following circumstances:
1. Accident not caused by the renter upon delivery of the signed accident report
2. Breakdown not attributable to the driver
3. Theft, upon delivery of the lodged police report and keys
Legal Regimen and Jurisdiction
This contract shall be governed by what was agreed upon and by the special conditions, and the parties, for any issues that may derive from its application or violation, shall submit to the jurisdiction of the Courts of Palma de Mallorca and waive any other jurisdictional rights to which they may be entitled.