GENERAL TERMS AND CONDITIONS
Contract terms
Use of the vehicle is subject to the terms and conditions set out below. By his/her signature, the tour participant, hereinafter “Participant”, confirms that he/she has read and recognised the terms and conditions.
Mallorca Power S.L. Paseo Colon 155, 07458 Can Picafort, hereinafter “Organiser”
1. Driving Licence
The minimum age for drivers is 19 years. In addition, the driver must have at least 1 year of driving experience. The participant confirms that they hold a valid driving licence of class B/3 and that they will carry the original licence with them throughout the entire tour. Special vehicles may be subject to different requirements, which are stated in the respective vehicle descriptions.
The vehicle may only be driven by the drivers registered in the agreement. If the vehicle is driven by an unauthorised person, or if the driver is under the influence of alcohol, drugs, medication, fatigue or any other substances or circumstances that may impair driving ability, the registered drivers shall be fully liable for all resulting damage, to the extent permitted by law.
Any known impairments of driving ability that are not immediately apparent, in particular illnesses, limitations, injuries or other circumstances, must be reported to the organiser before the start of the tour. The participant is entitled to use the vehicle exclusively within the scope of this agreement, the safety briefing and the organiser’s instructions. Ownership of the vehicle and all accessories remains with the organiser at all times.
2. Handover, Return, Technical Defects and Tour Cancellation
The organiser hands over the vehicle, including all related accessories, in a proper, roadworthy, functional and visually acceptable condition. The participant is obliged to inspect the vehicle before the start of the tour for any visible defects, damage, roadworthiness and proper functioning. Any defects, damage or complaints must be reported to the organiser immediately before the tour begins. If no complaint is made before the start of the tour, the vehicle shall be deemed to have been accepted in proper condition.
The participant undertakes to handle the vehicle and all provided accessories with care, to use them properly and exclusively in accordance with the safety briefing, the organiser’s instructions and the applicable traffic and safety regulations. The vehicle and accessories must be returned at the end of the tour in the same condition in which they were handed over, except for normal wear and tear resulting from the tour.
Damage caused by improper use, driving errors, failure to comply with the safety briefing, failure to follow instructions, grossly negligent or intentional conduct, violations of traffic regulations, driving outside the designated route or any other breach of contract shall be charged to the participant. Such damage is not covered by any comprehensive insurance if the insurance coverage is excluded or restricted due to such conduct.
If a technical defect occurs during the tour, the organiser shall decide at its own discretion and taking into account the specific circumstances whether a replacement vehicle will be provided to the participant or whether the participant may continue the tour as a passenger in the tour guide vehicle. There is no entitlement to the provision of a replacement vehicle.
If neither the provision of a replacement vehicle nor the continuation of the tour as a passenger in the tour guide vehicle is possible, the organiser may, at its own discretion, grant the participant a proportional refund of the tour price. The amount of any such refund shall depend in particular on the distance already covered, the tour services already provided and the time at which the tour was discontinued.
If the participant cancels or discontinues the tour at their own request, regardless of the reason, there shall be no entitlement to a full or partial refund of the tour price. This also applies in particular if, in the event of a technical defect, the participant was offered a reasonable option to continue the tour, for example with a replacement vehicle or as a passenger in the tour guide vehicle, and the participant rejects this option.
If there is no technical defect and no reason attributable to the organiser, and the participant nevertheless wishes to discontinue the tour or is no longer able or permitted to continue the tour due to their own conduct, the organiser may charge the costs for the return transport of the vehicle and for the return transport of the participant in addition to the agreed tour price. This applies in particular in cases of tour cancellation for personal reasons, misconduct, failure to follow instructions, violations of safety rules or any other reasons attributable to the participant.
The organiser shall not be liable for the onward transportation of the participant or the return transportation of the vehicle following a technical defect, accident, tour cancellation or any other incident, unless the organiser caused the circumstance intentionally or through gross negligence. Mandatory statutory liability claims remain unaffected.
3. Insurance
Insurance for drivers and passengers, in particular accident, travel, health, luggage, cancellation or other personal insurance, is the responsibility of the participant or participants. The organiser shall not be liable for claims or consequential costs arising from an accident, including in particular delay costs, medical costs, hotel costs, loss of earnings, travel or return travel costs, to the extent permitted by law.
The rental or tour agreement includes the legally required third-party liability insurance for the vehicle. The participant may, where available, take out comprehensive insurance with an excess for an additional charge. The excess is 500.00 EUR or 1,000.00 EUR depending on the type of vehicle, or the amount stated in the agreement.
In particular, damage to the participant’s personal property, the interior equipment, items carried in or on the vehicle, and damage caused by improper use, gross negligence, intent, failure to comply with the safety briefing, violations of traffic regulations or any other breach of contract are not insured if the insurance coverage is excluded or restricted as a result.
4. Duty of Care and Liability of the Participant
By signing, the participant confirms that they take part in the tour at their own risk and responsibility. The participant undertakes to use the vehicle provided to them with due care and in accordance with their general driving abilities, to comply with Spanish road traffic regulations and to observe and follow all instructions and information given by the organiser, tour guides and staff.
For safety reasons, overtaking manoeuvres within the group, racing, intentional drifting, risky driving behaviour, driving under the influence of alcohol or drugs, leaving the designated route and any behaviour endangering other participants or third parties are strictly prohibited.
If the participant fails to comply with their obligations, they shall be liable to the organiser for all resulting damage and disadvantages caused by them, to the extent permitted by law. The participant shall also be liable for damage caused to themselves or to third parties if such damage is caused by their conduct, breach of duty or improper use of the vehicle.
In the event of non-compliance with the terms of use, safety rules or instructions of the organiser, the organiser may terminate the agreement at any time and exclude the participant from further participation in the tour. In this case, the organiser is entitled to take possession of the vehicle immediately, either directly or through a representative. In such a case, the organiser shall retain the agreed rental fee or tour price as compensation and reserves the right to claim additional expenses, damages and costs.
The organiser’s liability arising from or in connection with this agreement shall, to the extent permitted by law, be limited to the agreed rental fee or tour price. Further claims by the participant against the organiser are excluded to the extent permitted by law. Mandatory statutory liability claims remain unaffected.
5. Tour Price
The rental fee or tour price must be paid in full by the participant before the start of the tour or before the beginning of the rental period. Participation in the tour or handover of the vehicle shall only take place after full payment, unless expressly agreed otherwise.
6. Reservation, Withdrawal and Cancellation
The vehicle or tour may be reserved or booked in person, by telephone, via the website, by e-mail or through other booking channels accepted by the organiser. The rental or tour agreement is concluded upon telephone, written or electronic confirmation of the appointment by the organiser.
In the event of withdrawal or cancellation by the participant, the following portions of the agreed total price according to the reservation shall be payable: Up to 7 days before the start of the tour or rental period 33% of the total price, up to 2 days before the start of the tour or rental period 80% of the total price, up to 1 day before the start of the tour or rental period or in the event of no-show 100% of the total price.
If the vehicle is returned before the end of the agreed rental period, or if the tour ends early or is discontinued by the participant, the full agreed rental fee or tour price shall be due. No partial refund of the rental fee or tour price shall be made in these cases, unless expressly agreed otherwise.
7. Traffic Tickets, Fines and Other Costs
Traffic tickets, fines, fees, towing costs or other official or private costs caused by the participant shall be charged to the participant. The participant is obliged to inform the organiser immediately of any traffic tickets, fines or official notices received.
If the participant does not pay the traffic tickets, fines or other costs caused by them on time, the organiser reserves the right to charge an administrative fee of 100.00 EUR in addition to the amount of the ticket, fine or respective claim. Further costs and claims remain reserved.
8. Applicable Law and Place of Jurisdiction
This agreement shall be governed by substantive Spanish law, excluding conflict-of-law rules. The exclusive place of jurisdiction shall be Palma de Mallorca, Spain, to the extent permitted by law.
Version date: 06.07.2026