GENERAL TERMS AND CONDITIONS
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”
- Driving licence
The minimum age is 18. The Participant affirms that he/she possesses a valid driving licence of class B/3 and will carry this in the original with him/her. The driver must have a full driving license for at least 1 year. The vehicle may only be driven by registered drivers. If the vehicle is driven by an unauthorised person or is driven under the influence of drugs, alcohol, medication, fatigue or other substances that have an effect on driving behaviour, the registered drivers will be liable in full for all damage arising as a result. The Organiser must be informed before commencing the tour of any not readily visible impairments of fitness to drive (illnesses, restrictions, etc.). The Participant is only entitled to use the vehicle in accordance with the terms and conditions of this agreement. Ownership of the vehicle and its accessories will always remain with the Organiser.
- Delivery and return
The Organiser will deliver the vehicle and its accessories in a visually and technically flawless condition. The Participant shall inspect the vehicle for roadworthiness and functional capability before commencing the tour and shall inform the Organiser without undue delay of any defects and objections. The vehicle and its accessories must be returned in the same condition at the end of the tour. Damage arising from inexpert use will be charged to the Participant and is not covered by the collision damage insurance. The Organiser will not be liable for the onward conveyance of the Participant and the return conveyance of the vehicle in the event of a technical defect or accident. The organiser will further not be bound to provide a replacement vehicle.
Insurance for the driver and passenger is the responsibility of the Participant. The Organiser will not under any circumstances be responsible for claims arising from accidents such as costs of hospitalization, doctors’ fees and the like. The hire contract includes the following insurance: statutory liability insurance and fully comprehensive insurance with excess.(€ 500 for 2-seaters and € 1000 for 3 and 4-seaters) In the case of 2-seater vehicles, the deductible can be excluded for a surcharge on site. Theft is not insured. Interior fittings are not insured.
- Duty of care and liability of the Participant
By his/her signature the Participant confirms that he/she is participating in the tour at his/her own risk and peril. The Organiser also rejects any liability for any loss or theft of or damage to personal property of the Participant. The Participant undertakes to use the vehicle used/hired by him/her with the appropriate care and attention and in accordance with his/her general driving ability, to comply with Spanish road traffic regulations and to follow and heed instructions and advice given by the Organiser. In particular, overtaking manoeuvres, racing between the participants, intentional drifting, etc. are prohibited for safety reasons. If the Participant fails to meet these obligations, he/she will be liable to the Organiser for all damage and disadvantage arising as a result unless the Participant provides evidence that the damage arose through grossly negligent behaviour of the Organiser. In this case the Participant will be liable for all damage caused to himself/herself or to third parties and holds the Organiser entirely harmless in that respect.
In the event of failure to comply with the conditions of use or the instructions of the Organiser, the Organiser may cancel the contract early at any time or exclude the Participant from the tour. From that time the Organiser shall have the right to collect the vehicle itself or to have it collected by one of its representatives. In this case the Organiser will retain the agreed hire charge as compensation and reserves the right to demand recompense for all additional outlays and costs incurred.
The liability of the Organiser arising from or in connection with this contract shall in all cases – to the extent allowed by law – be limited to not more than the hire charge or tour fee. Further claims of the Participant against the Organiser are expressly excluded.
- Tour fee
The Participant / tour participant must settle the hire charge in full before commencing the tour or hire.
- Reservation, withdrawal, cancellation
The vehicle or the tour may be booked in person, by telephone, on the website or by email. The hire contract will come about upon the agreement of a date with the Organiser by telephone, in writing or electronically. In the event of withdrawal/cancellation by the Participant, the following proportion of the agreed total fee according to the reservation shall be payable:
up to 7 days before the start of the tour/hire: 33%, up to 2 days before the start of the tour/hire: 80%, up to 1 day before the start of the tour/hire: 100%.
If the vehicle is returned before the end of the agreed hire period or end of the tour, the entire agreed hire charge shall be payable. No partial refund of the hire charge will be given.
- Traffic tickets and penalty notices
The Participant will be charged for traffic tickets and penalty notices caused by him/her. The Organiser must be notified of these without undue delay. Should the Participant not settle the traffic tickets or penalty notices he/she has received, the Organiser reserves the right to levy a processing fee of €100 on the fine stated on the traffic ticket or penalty notice. The right to assert other costs is reserved.
- Applicable law / place of jurisdiction
This agreement is subject to material Spanish law to the exclusion of conflict-of-laws provisions. The sole place of jurisdiction is Palma de Mallorca / Spain.
As at 08.04.2022