Terms and Conditions

This is an automatic translation of the Terms and Conditions from their original language in Spanish. For informational purposes only and without legal value.

RENTAL SERVICE CONDITIONS

These GENERAL CONDITIONS FOR CONTRACTING A VEHICLE LEASE (hereinafter, “General Conditions”) will regulate the contractual relationship between Herrero Mraz SLU, B57957037, Gabriel Roca 20, 07014 Palma (hereinafter, “lessor”) and the user (hereinafter , “lessee”), by virtue of which the former cedes to the latter the use of a vehicle (hereinafter, “Vehicle”) for the term, price and other conditions stipulated by the parties in the rental agreement or conditions individuals, which will be made and signed at the lessor’s facilities.

Contract period.

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

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

It is a requirement to be the holder of the contract, it is required to be at least 18 years of age, have all the necessary physical faculties and possess the driving license corresponding to each vehicle as required by the Spanish authorities. Vespa 300cc and Honda CB500X motorcycles require a minimum age of 21 years. Moto Guzzi V7, Honda Transalp 750 and Ducati Scrambler motorcycles require a minimum age of 23 years. Ducati Multistrada, Harley Davidson and BMW Ninet motorcycles require a minimum age of 25 years.

The delivery and collection of the vehicle will always take place at the place agreed in the particular conditions and within the established schedule. Non-compliance by the client implies his responsibility to assume all the expenses that this produces. Reservations will be considered as no-shows if after one hour of the time indicated in the reservation, the vehicle is not picked up at the store or if after half an hour the customer is not located in a hotel or home delivery. Failure to show up to pick up the vehicle on the date, time and place indicated when making the reservation implies the loss of the amount paid.

The vehicle is delivered in perfect operating and aesthetic conditions, the lessee declaring that he has examined it to his complete satisfaction, thus exempting the lessor from any responsibility for any accident or inconvenience suffered as a user. The vehicle must be returned in the same conditions 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 refueling amount will be charged with a minimum of €5 and an additional service charge of €10. If a cleaning treatment is necessary for liquids, sand, vomit, food, creams or any other element outside the normal use of the vehicle, a charge of €50 will be applied for cleaning. Along with the motorcycle, two helmets homologated according to current regulations are delivered, which must be returned in the same conditions. The lessor does not have children's helmets and it is the lessee's responsibility to provide children's sized helmets to minors accompanying the driver.

The authorization to drive the vehicle is limited to the owner of the contract, not being able to sublease or assign the vehicle to third parties.

The use of the vehicle to transport people or merchandise for compensation is expressly prohibited. If it has been used for these purposes or abusive use, the lessee must compensate the lessor with 20 Euro cents for each kilometer that exceeds 500Km for 24-hour rentals, 750Km for 48-hour rentals, 1000Km for 72-hour rentals and 1200Km for longer than 72-hour rentals.

The use is limited only to the island of Mallorca and paved roads. The use to commit illicit acts or those that damage the image of the leasing company, its use in racing circuits, unpaved roads, sand or rocks is prohibited.

It is not permitted to use the vehicle to carry out driving practices, transport toxic, flammable and generally dangerous substances in the vehicle and/or that violate current legal provisions, transport the vehicle on board any type of ship, train, truck. or plane. The movement of the vehicle to the Spanish mainland or any other island is expressly prohibited.

The additional purchase of a mobile phone holder is optional and involves the deposit of a €40 deposit. If the client does not return the support at the end of the lease, or returns it damaged or unusable, the lessee must compensate the lessor with the amount of deposited. The lessee exempts the lessor from all responsibility for any loss or damage that may be suffered by the telephones or devices of all types that are used with the rented support, with the lessee being the sole responsibility of the correct fixation and safe use of the same.

Payment and Deposit.

Through the online reservation, an advance payment will be made. The remaining amount will be paid when picking up the vehicle. Upon signing the contract, the lessee will deposit a deposit of €200 if the optional liability waiver coverage is contracted, or €600 if this optional liability waiver coverage is not contracted. In the models of the Honda, Moto Guzzi, Ducati Scrambler brands, the deposit will be €400 if the optional liability waiver coverage is contracted, or €1,200 if the optional liability waiver coverage is not contracted. For Ducati Multistrada, BMW and Harley Davidson models, the deposit will be €600 if the optional liability waiver coverage is purchased, or €1,800 if the optional liability waiver coverage is not purchased. These bonds are to partially or totally cover possible charges that may be generated. The amount of the deposit does not limit in any case the responsibility of the client. The deposit will be fully refunded to the lessee upon completion of the contract between the parties, within a period between 1 to 15 days depending on the bank, as long as there had been no damage to the leased vehicle or additional charges, in this case it will proceed as is set out in the next paragraph.

Breakdowns, accidents and fines.

All damage to the vehicle that was not present before the signing of the rental contract will be repaired at the customer’s expense and the amount of which will be assigned by the lessor based on the cost table set out in annex 1, which he accepts and ensures meet the tenant. If the damage is not quantified in this table, it will be calculated using an estimate from an official service.

The costs of collecting the damaged vehicle and its transfer to the lessor’s workshop or facilities will also be borne by the client. If the transfer is made by means of the lessor, the cost will be €50 in Palma and €95 outside of Palma. The client expressly accepts the charge of these repair and transfer costs on the credit card provided to the lessor.

Under no circumstances will the lessee have the right to a refund of amounts paid for vehicle rental that have not been used due to an accident or breakdown caused by the driver.

In the event of a breakdown or accident, the lessee must contact the lessor at the emergency telephone number that appears in the particular conditions. The lessor will not be responsible for any towing or roadside assistance contracted directly by the lessee. Roadside assistance is limited to the hours from 8:00 a.m. to 11:00 p.m. and the expenses derived from assistance outside these hours will be borne by the client. Free roadside assistance is limited to mechanical breakdowns not caused by the customer. If roadside assistance is requested without a real breakdown, a service cost of €50 in Palma and €95 outside of Palma will be charged, the same as in the event of a breakdown caused by the driver’s negligence, being the cost of the repair the responsibility of the driver. If the breakdown is not caused by the driver, the vehicle will be replaced by another, as long as there is availability. If there is no availability, the amount of the rental period not used will be refunded. Tire repair will always be borne by the lessee, who must immediately replace them with others of the same characteristics, make and model.

In case of accident with the fault of a third party, the lessee must take the data of the opposing parties of the accident and sign the corresponding complaint or accident report correctly completed. The deposit will be withheld until the insurance company verifies that the information provided is correct. If the accident occurs between two or more vehicles, these being the property of the lessor and being leased, the damages will be considered as own by each lessee.

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

The lessor is not responsible for theft, loss or damage to electronic devices used in the mobile phone holder that is offered for rent as an optional add-on. The support for mobile phones requires an additional deposit, which will be used to compensate the lessor in case of loss or deterioration of this accessory by the lessee.

The client relieves the lessor of all responsibility that could result from infractions in relation to the use of the vehicle. All fines, penalties, liens, forfeitures, court costs, and other expenses (including, without limitation, recovery of expenses for parking, traffic, and other violations, including but not limited to storage fees and costs) that may be taxes to the lessee, but which are due by reason of the care, custody, control, possession, driving or use of the vehicle, will be payable to the lessee. The processing of identifying the driver in traffic or parking fines implies a management charge of €20 that will be paid by the client, expressly authorizing the charge on their credit card.

Insurance and coverage against damage.

The rental price includes compulsory civil liability insurance coverage and roadside assistance, according to the conditions of the policy contracted by the lessor at the time the lease contract is in force, except for negligence, intention or any breach of the obligations of the these general conditions by the tenant. Hiring the optional liability waiver coverage, limited to the amount of the deposit for an extra charge of €3/day for the Piaggio and Vespa brands, €5/day for the Honda, Moto Guzzi and Ducati-Scrambler brands and €9 /day for the BMW, Ducati and Harley Davidson brands is voluntary and will be reflected in the particular conditions. If it is contracted, the lessee will have a maximum responsibility for own damage to the vehicle for the amount of the deposit, including theft. It does not apply in case of intentional, reckless, negligent use or under the influence of alcohol or drugs. It is necessary to present 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 lessor is entitled to claim both consequential damage (including tow trucks, expert reports, legal costs, etc.) and lost profits due to the lack of availability of the vehicle.

The lessee and its occupant exempt the lessor from all liability for any damage they may suffer, both physical and material, arising from the normal or abnormal use of the leased vehicle. The lessee and his companion expressly declare that they are aware of the risks that the use of a motorcycle can produce and declare that they have the experience and knowledge necessary to operate the motorcycle without risk to their integrity, that of their companion and that of third parties. The absence of this experience and knowledge are sufficient cause for the early cancellation of the rental contract without the right to a refund of the amounts paid.
Insuring the driver and the passenger, if any, will be the responsibility of the lessee. The lessor will 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 your economic activity or labor.

Cancellation and early resolution.

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 48 hours in advance. Canceling less than 48 hours in advance prior to the beginning of the rental, or not showing up, implies the loss of the amount paid in advance for the reservation. It is not allowed to extend this contract, unless expressly authorized by the lessor.

Substitution.

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 and with the details of the causer.
  2. Breakdown not attributable to the driver.
  3. Theft, prior delivery of the police report and delivery of the keys.

Legal system and jurisdiction.

This contract is governed by what is agreed here and in the particular conditions, submitting the parties to the jurisdiction of the Courts of Palma de Mallorca, expressly waiving any other jurisdiction, for any matter arising from its application or non-compliance.

Data protection

In accordance with the provisions of the RGPD UE 679/2016 and Organic Law 3/2018 of December 5, (LOPDPGDD) the following data protection information is provided: Responsible: HERRERO MRAZ, S.L.U. CIF: B57957037, Postal address: GABRIEL ROCA, 20, ZIP: 07014, PALMA DE MALLORCA, Telephone: 620476285, Email: INFO@MALLORCAVINTAGE.COM. PURPOSE: At HERRERO MRAZ, S.L.U. We treat the information you provide us with in order to provide the services and sell you the requested products, bill them and manage the sending of information and commercial prospecting. The personal data provided will be kept, as long as the commercial relationship is maintained and its deletion is not requested, for a period of 5 years from the last contracting and/or purchase made. In any case, your personal data will be kept as long as they are useful for the indicated purpose, and, in any case, during the legal periods and for the time necessary to attend to possible responsibilities arising from the treatment. LEGITIMATION: The processing of your personal data is based on the execution of a contract, compliance with a legal obligation and your consent, in accordance with the provisions of the RGPD UE 679/2016 (ART. 6.1.A.B.C.) and the Organic Law 3/2018 of December 5, (LOPDPGDD). The Information Society Services Law 34/2002, articles 20 and 21, applies to sending commercial offers through telecommunications. RECIPIENTS: The data will not be transferred to third parties except in cases where there is a legal obligation. We inform you that CAAG B.V., (NIF/CIF): 102510738 and registered office in Curaçao, will act in any case as data processors under the terms of article 28 of the General Data Protection Regulation (RGPD) Regulation (EU) 2016/679 . RIGHTS: You can exercise your rights of access, rectification, deletion, portability, limitation and opposition to the processing of your data as well as not being the subject of decisions based solely on the automated processing of your personal data. You have the right to file a Claim with the Control Authority: Spanish Data Protection Agency (www.agpd.es).

The entity informs you that the rented vehicles have GPS. At HERRERO MRAZ, S.L.U. We treat the information provided by the GPS devices installed in the vehicles, in order to exercise control of the company's vehicles in the event of theft or incident.

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