GENERAL TERMS AND CONDITIONS OF VEHICLES RENTAL AGREEMENT
These general terms and conditions regulate the contractual relationship between Vima Rent a Car, s.l. ("the owner") and the customer ("the renter"), upon which the owner transfers to the renter the use of a vehicle for the period of time, price and according to any other conditions stipulated in the rental agreement.
A. USE OF VEHICLE
- 1. The renter receives the vehicle described in the agreement in good working conditions and free of faults, along with a set of keys, tools and accessories, including reflective vests, all of which the renter shall verify their inclusion and conditions upon initial receipt of the rented vehicle, reporting any faults or missing items at the station where the vehicle was rented. The renter shall also ensure that child seats are properly secured. The owner is not responsible for the lack of verification of the above mentioned conditions and items, which are the sole responsibility of the renter. The renter shall always carry a copy of the rental agreement.
- 2. The renter agrees to use the vehicle and accessories with due diligence and to return them in the same conditions in which they were delivered, to allow the appropriate safety inspections, and to drive the vehicle in compliance with the laws of the applicable traffic codes.
- 3. In the event that during the term of rental any kind of repair is required for any of the parts of the vehicle that may affect driving safety, the renter shall notify Vima rent a car, which will instruct the renter about following next steps.
- 4. In the case of rentals of commercial vehicles equipped with an AdBlue ® tank, the renter shall ensure that the tank is always sufficiently full, being responsible for the damages caused by the breach of this obligation, especially any penalties or administrative fines.
- 5. The restraint systems like child seats, boosters, etc. always will be assembled and supervised by parents. The parents will be responsible for their right use and anchor in the car.
- 1. Bookings are made by vehicle categories. Booking in a particular category does not guarantee the provision of a specific model within the category.
- 2. The owner will keep the reservation until ninety minutes after the agreed time, no being obliged to provide the service under the agreed conditions after said term, this point will not be applicable if the delay in the collection of the vehicle is due to the arrival belated of the plane. Cancellations must be made at least 24 hours in advance regarding the start of the lease.
C. AUTHORIZED DRIVERS, PERMITTED USES
- 1. Upon delivery of the vehicle, the tenant must present a valid driver's license for the vehicle. rental of said vehicle and current in the rental country. In case of prepaid reservation, the Tenant will have to present the means of payment used to make the reservation. In case of that the tenant does not present such documents, the landlord will terminate the rental agreement; without compensation to the lessee. The vehicle can only be driven by the tenant, as well as those persons designated in the lease. It will be responsibility of the lessee that any driver is in possession of a valid and valid driving license for the countries where the vehicle is used. At the request of the landlord must relate the persons authorized by the same to drive the vehicle, indicating in writing name, surnames and address them. This will be especially applicable when the authorities require the landlord to identify the driver who has committed an infraction.
- The vehicle may only be used on public roads and highways. It is expressly prohibited: a) to participate in races, competitions or challenges of any nature with the vehicle; b) to use the vehicle for driver training purposes; c) to use the vehicle for testing purposes; d) to carry passengers or goods for a fee or compensation of any kind; e) to sublet the vehicle; f) to commit criminal acts with the vehicle, even if that act is deemed to be criminal only in the place of commission; g) to drive the vehicle while physically impaired by alcohol, drugs, fatigue or disease; h) to use the vehicle to push or tow other vehicles; i) to use the vehicle in situations of risk, especially if dashboard warning lights turn on; j) to carry toxic, flammable and/or dangerous substances in the vehicle; k) to tamper with the vehicle's odometer, any failures of which must be reported to the owner.
- 3. For rentals within Mallorca, it is expressly prohibited to remove the vehicle from the island.
- 4. The renter shall ensure that any load on the vehicle is properly placed and shall respect the limits on load and/or number of authorised occupants for the vehicle. It is the responsibility of the renter to leave the vehicle properly locked.
- 5. The renter is jointly and severally liable for the persons who drive the vehicle during the rental period.
- 6. With no impact to the renter's responsibilities against third parties, should any of the circumstances set out in paragraphs 1-3 occur, the owner is entitled to terminate the agreement with immediate effect and to claim compensation for any damages that the breach in question may have caused, including loss of profits.
D. RENTAL FEES
- 1. The rental charges are those outlined in the rental agreement. The minimum charge It will be for a 12 hour rental. Unless a bonus or price has been agreed upon special, the related rental charges will apply in the price tables exhibited at any office of Vima rent a car. Regarding drivers under 23 years of age or three years old driving license fees may apply specific or additional charges.
- 2. The rental price does not include costs such as refuelling, petrol, administration costs, and the costs related to the delivery or removal of the vehicle outside a Vima station, nor applicable taxes, unless specifically stated. Rates, offers and discounts will not apply if the renter is late in payment. The owner reserves the right to modify the charges and discounts in the event of an obvious error or incorrect information supplied by the renter.
- 3. Supplements or extra charges such as mileage, child seats, phone, navigation systems, airport fees, etc. will be billed based on the rates in effect at the time of the booking. If no booking was previously made, the rates in effect at the time of pickup shall apply.
- 4. Unless otherwise agreed upon in writing, the renter shall reimburse the owner, in accordance with the rates set out on Vima rent a car pricing lists, the costs of returning the vehicle to the original station if dropped off at a different station than that of pickup.
- 5. When collecting the car at the airport of Palma de Mallorca, the renter shall pay the parking ticket to leave the parking facility, and this payment shall not be chargeable to Vima rent a car.
E. EXPIRATION, PAYMENT TERMS, WARRANTIES
- 1. The rental price as well as any supplements stated in the agreement, such as limitations of liability, delivery charges, airport charges, etc., and taxes are due and payable at the beginning of the rental.
- 2. For bookings at a prepaid rate, the charge for rental and other agreed-upon amounts are payable upon reservation and will be charged to the credit card provided by the renter.
- 1. The rental vehicle is provided with the mandatory liability insurance with a maximum coverage of 50 million of euros.
- 2. The insurance coverage for the vehicle's own damage by theft, fire and force majeure will be the reserved coverage. With or without deductibles.
- 3. The deductibles applicable in the case of accidents are those valid and purchased prior to the rental agreement.
- 4. Insurance coverage will not be provided for claims in which the driver of the vehicle was not an authorised driver or was not in possession of a valid driver's license, or in which the vehicle was used in incompliance with the provisions in points C.2., C.3. and C.4. of these terms and conditions.
G. ACCIDENTS / THEFT / OBLIGATION TO REPORT
- 1. In case of accident, theft, fire, damage caused by acts of nature, and generally in any case of damage, the renter shall take appropriate actions to protect the interests of the owner. In particular, the renter shall immediately report to the police any case in which a crime has been committed, or in which there are injured people, or in which an investigation is required to determine which party involved is liable and at fault.
- 2. In case of accident, the renter must fill in the standard accident report that can be found with the vehicle documents and inform the owner about the accident within a time-frame not exceeding 24 hours, by providing a copy of the report, the original of which must be delivered within two days. If the other party refuses to sign an accident report, the renter shall request the presence of the police.
- 3. In any event of damage caused to the vehicle, the renter shall write and deliver to the owner a report describing it.
- 4. The accident and/or damage reports referred to above shall be completed in full and include as many details as possible, both in terms of the damage and the circumstances in which they occurred.
- 5. The owner shall not be liable for the damage or theft of objects left inside the vehicle.
- 6. The loss of the vehicle does not automatically imply the owner's obligation to make a replacement vehicle available.
H. DUTIES OF THE RENTER
- 1. The renter receives the vehicle in the proper maintenance and bodywork conditions, free of faults, with the exception of the observations made at the time of the initial receipt of the vehicle. The renter must return the vehicle in the same condition. The renter is liable to the owner of any damage or theft of the vehicle as well as general damages for breach of contract, except the limitations of liability purchased by the renter, or as applicable by law if not included in these terms and conditions.
- 2. Through the payment of a fee, the renter will have the option to limit its liability for damages caused to the vehicle to the amount of an agreed-upon deductible. Insurance that can be purchased are: insurance with deductible: limited to the amount of the deductible specified in the contract; insurance with no deductible: the owner is exempt from any payment for external damage to the vehicle, except for tires, windows, keys, mirrors and wrong refuelling. It is possible to purchase the SCDWO, by which damage to tires, windows, keys, mirrors and wrong refuelling are covered.
- 3. On the other hand, the renter shall be liable, without limitation, for the violation of any laws committed during the term of the agreement, such as traffic violations. An amount of 20 € will be billed for the administrative costs related to fines attributable to the driver.
- 4. The insurance purchased with limitation of liability will not cover damages caused to the interior of the vehicle; those caused by an incorrect refuelling or engine damage; damage to windows and mirrors, or tires, except in the event that the relevant insurance is purchased; damage to the bottom or roof of the vehicle; nor the expenses resulting from the loss/damage to the vehicle key.
I. RETURN OF VEHICLE
- 1. The rental agreement will last for the period of time initially agreed, at the end of which the vehicle must be returned. However, it may be extended with the consent of the owner, provided that this is requested by the renter three days in advance.
- 2. The renter is obliged to deliver the vehicle, the keys, documentation and accessories, in the agreed place and before the expiration of the contracted term. You must do it within the normal office hours exhibited at each of the Vima rent a car stations.
- 3. Special rates are only valid for the periods specified in the offer.
- 4. In case of late delivery of the vehicle, the renter will be billed at the rates in effect at that time.
- 5. It is the responsibility of the renter to ensure the delivery of the vehicle at the agreed-upon location.
- 6. The renter will return the vehicle, keys, documentation and accessories in the same condition as received.
J. AUTHORIZATION TO CHARGE AMOUNTS
- By virtue of the agreement with the owner and the communication of your credit card details at the time of the agreement or at a later time, the renter authorises the owner to charge to it the amounts for the price of rent, deposit and any other costs and responsibilities mentioned in these terms and conditions which are due in connection with the rental agreement.
K. DATA PROTECTION
- 1. De conformidad con lo establecido en la normativa vigente en Protección de Datos de Carácter Personal, le informamos que sus datos serán incorporados al sistema de tratamiento titularidad de VIMA RENT A CAR SL CIF B07657620 y domicilio social sito en C/ LA MARINA 25 07659, CALA FIGUERA (MALLORCA) (ILLES BALEARS),, con la finalidad de gestionar el alquiler del vehículo. En cumplimiento con la normativa vigente, VIMA RENT A CAR SL informa que los datos serán conservados durante EL PLAZO LEGALMENTE ESTABLECIDO.
- 2. Asimismo le informamos que los tratamientos mencionados en el párrafo anterior se encuentran legitimados por la satisfacción del interés legítimo de VIMA RENT A CAR SL
- 3. Asimismo le informamos que el tratamiento indicado en el párrafo anterior es requerido para la ejecución del contrato entre usted y nuestra empresa.
- 4. Con la presente cláusula queda informado de que sus datos serán comunicados en caso de ser necesario a: administraciones públicas y a todas aquellas entidades con las que sea necesaria la comunicación con la finalidad de cumplir con la prestación del servicio anteriormente mencionado.
- 5. El hecho de no facilitar los datos a las entidades mencionadas implica que no se pueda cumplir con la prestación de los servicios objeto del presente contrato.
- 6. VIMA RENT A CAR SL informa que procederá a tratar los datos de manera lícita, leal, transparente, adecuada, pertinente, limitada, exacta y actualizada. Es por ello que VIMA RENT A CAR SL se compromete a adoptar todas las medidas razonables para que estos se supriman o rectifiquen sin dilación cuando sean inexactos.