RENTAL SERVICE TERMS AND CONDITIONS
These GENERAL TERMS AND CONDITIONS FOR VEHICLE LEASE RENTAL (hereinafter, the “General Terms and Conditions”) govern the contractual relationship between Amorerental S.L., Avnd del Lago 2B, 07458 Playa de Muro, with Tax ID (CIF) B75554667 (hereinafter, the “Lessor”) and the user (hereinafter, the “Lessee”), under which the former grants the latter the use of a vehicle (hereinafter, the “Vehicle”) for the term, price and other conditions stipulated by the parties in the rental contract or specific conditions, which shall be executed and signed at the Lessor’s premises.
Term of the contract
The term of the contract is established by the dates indicated in the specific conditions accepted and signed by the Lessee. After a one-hour courtesy period, an extra day of rental and a €50 penalty will be charged, for the first day and each consecutive day of delay. The contract is deemed terminated from the agreed return time, once the Vehicle has been returned together with the keys, by means of the Lessor’s acceptance signature. If the Vehicle is not returned on the date and time established in the specific conditions, the Lessor may report the Lessee for misappropriation.
Conditions of use, handover, return, operation and maintenance of the Vehicle
To be the contract holder, it is required to be at least 21 years old and have 3 years of driving experience, to have all necessary physical faculties, and to hold the driving licence corresponding to each Vehicle as required by the Spanish authorities.
Delivery and collection of the Vehicle shall always take place at the location agreed in the specific conditions and within the established hours. Non-compliance by the customer implies their responsibility to assume all expenses generated thereby. Reservations will be considered as no-show if, after one hour from the time indicated in the reservation, the Vehicle has not been collected at the shop, or if after half an hour the customer cannot be located for a hotel or home delivery. Failure to appear to collect the Vehicle on the date, time and place indicated when making the reservation implies the loss of the amount paid in advance.
The Vehicle is delivered in perfect operating and aesthetic condition, and the Lessee declares having examined it to their complete satisfaction and therefore releases the Lessor from any liability for any accident or inconvenience they may suffer as a user. The Vehicle must be returned in the same condition in which it was delivered, including the fuel tank level. If the Vehicle is not returned with the same fuel level as delivered, the estimated refuelling amount will be charged, with a minimum of €5, plus an additional €10 service charge. If a cleaning treatment is required due to liquids, sand, vomit, food, creams or any other element outside normal use of the Vehicle, a €50 cleaning charge will be applied. Together with the motorcycle, two helmets approved under the regulations in force are provided and must be returned in the same condition. The Lessor does not provide children’s helmets and it is the Lessee’s responsibility to provide child-size helmets to any minors accompanying the driver.
Authorisation to drive the Vehicle is limited to the contract holder, and the Vehicle may not be sublet or transferred to third parties.
Use of the Vehicle to transport people or goods in exchange for remuneration is expressly prohibited. If it has been used for these purposes or there has been abusive use, the Lessee shall indemnify the Lessor with €0.20 per kilometre exceeding 500 km for 24-hour rentals, 750 km for 48-hour rentals, 1,000 km for 72-hour rentals, and 1,200 km for rentals of longer duration.
Use is limited exclusively to the island of Mallorca and to paved roads. Use to commit unlawful acts or that damages the image of the rental company is prohibited, as is use on racing circuits, unpaved roads, sand or rocks. It is not permitted to use the Vehicle for driving practice, to transport toxic, flammable or generally dangerous substances and/or substances that violate current legal provisions, or to transport the Vehicle on board any type of boat, train, truck or airplane. Travel with the Vehicle to mainland Spain or any other island is expressly prohibited.
Payment and deposit
An advance payment will be made through the online reservation. The remaining amount will be paid when collecting the Vehicle. Upon signing the contract, the Lessee will pay a deposit of €200 if the basic damage liability reduction is contracted, €400 if it is not contracted, or €0 if the total damage liability reduction is contracted; or, in the case of bicycles and electric scooters, the Lessee will pay a deposit of €100 if no liability reduction is contracted, or €0 if it is contracted. These deposits are to partially or fully cover possible charges that may arise. The deposit amount does not in any way limit the customer’s liability. Said deposit will be fully reimbursed to the Lessee once the contract between the parties has ended, within a period of 1 to 15 days depending on the bank, provided that there has been no damage to the rented Vehicle or additional charges; in such case, the procedure set out in the following paragraph will apply.
Breakdowns, accidents and fines
All damage to the Vehicles that did not exist prior to the signing of the rental contract will be repaired at the customer’s expense, and the amount will be determined by the Lessor based on the cost table set out in Annex 1 (available at the office), which the Lessee accepts and states they know. If the damage is not quantified in that table, it will be calculated by means of an estimate from an official service.
The costs of collecting an accident-damaged Vehicle and transporting it to a workshop or to the Lessor’s premises shall also be borne by the customer. If the transport is carried out by the Lessor’s means, the cost will be €50 in Playa de Muro and €95 outside Playa de Muro. The customer expressly accepts the charge of these repair and transport costs to the credit card provided to the Lessor.
In no case shall the Lessee be entitled to reimbursement of amounts paid for Vehicle rental that have not been enjoyed 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 phone number stated in the specific conditions. The Lessor will not cover any towing or roadside assistance hired directly by the Lessee.
Roadside assistance is limited to the hours of 08:00 to 23:00 for motorcycles and 10:00 to 18:00 for bicycles, and the costs arising from assistance outside these hours shall be borne by the customer. If the damage liability reduction + rescue (€35/rental) is contracted for bicycles or electric scooters, it includes roadside assistance and collection in the event of breakdown, puncture, flat battery or other problems that prevent continuing the route; without this liability reduction, the customer must resolve minor incidents on their own with the provided material.
Free roadside assistance is limited solely to mechanical breakdowns not caused by the customer. If roadside assistance is requested without an actual breakdown, a travel cost of €50 in Playa de Muro and €95 outside Playa de Muro will be charged, as well as in the event of a breakdown caused by driver negligence, with the repair cost borne by the customer.
If the breakdown is not caused by the driver, the Vehicle will be replaced with another one, provided that availability exists. If there is no availability, the amount corresponding to the unused rental period will be refunded. Tyre repairs shall always be borne by the Lessee, who must replace them immediately with tyres of the same characteristics, brand and model. In the event of an accident caused by a third party, the Lessee must obtain the details of the opposing parties in the accident and sign the corresponding report or amicable accident statement correctly completed. The deposit will be retained until the insurer verifies that the information provided is correct.
If the accident occurs between two or more Vehicles that are the property of the Lessor and are rented, the damage will be considered as own damage by each Lessee.
The Lessor is not responsible for theft of personal belongings left in the Vehicle.
The customer releases the Lessor from any liability that may arise from infringements relating to the use of the Vehicle. All fines, penalties, seizures, confiscations, legal costs and other expenses (including, without limitation, recovery of expenses for parking, traffic and other infringements, including storage charges and costs) that may be imposed on the Lessee, but which are due by reason of the care, custody, control, possession, driving or use of the Vehicle, shall be payable by the Lessee. Processing the identification of the driver in traffic or parking penalties entails a €20 administration fee to be paid by the customer, who expressly authorises the charge to their credit card.
–Liability: The customer is responsible for damage caused to the Vehicle or to third parties, except for those covered by optional liability reduction packages.
Damage liability reduction
The rental price includes mandatory civil liability insurance coverage and roadside assistance, according to the conditions of the damage liability reduction contracted by the Lessor at the time the rental contract is in force, except in cases of negligence, intent, or any breach by the Lessee of the obligations of these general terms and conditions.
Contracting the optional basic damage liability reduction (for motorcycle), limited to the amount of the deposit; the total damage liability reduction (for motorcycle); the damage liability reduction (for bicycle or scooter); or the damage liability reduction + rescue (for bicycle or scooter) is voluntary and will be reflected in the specific conditions.
If the basic liability reduction (for motorcycle) is contracted, the Lessee will have a maximum liability for own damage to the Vehicle in the amount of the deposit, excluding theft or personal injury.
If the total damage liability reduction (for motorcycle) is contracted, the Lessee will have no liability with respect to the deposit, excluding theft or personal injury.
If the damage liability reduction (for bicycles and scooters) is contracted, it covers accident damage; it does not cover: loss, theft, or missing parts.
If the damage liability reduction + rescue (for bicycles and scooters) is contracted, it includes roadside assistance and collection in the event of breakdown, puncture, flat battery or other problems that prevent continuing the route; without this liability reduction, the customer must resolve minor incidents on their own with the provided material.
It does not apply in cases of intentional, reckless or negligent use, or under the effects of alcohol or drugs. A police report and delivery of the keys are required in the event of theft. If the limitation of liability has not been contracted, the Lessee’s liability is limited to the Vehicle’s market value. The Lessee understands that civil liability insurance will not provide coverage for fines or penalties.
The damage liability options do not cover damage to oneself; they only cover damage to the vehicles.
Theft: In the event of theft of a bicycle or scooter, the customer must immediately notify Amore Rental and the police. Replacement value borne by the customer for theft: €879.
Theft: In the event of theft of a motorcycle, the customer must immediately notify Amore Rental and the police. Replacement value borne by the customer for theft: €3,500.
The Lessor is entitled to claim both actual damage (including towing, assessments, legal costs, etc.) and loss of profit due to the Vehicle being unavailable.
The Lessee and their passenger release the Lessor from all liability for any damage they may suffer, whether physical or material, arising from normal or abnormal use of the rented Vehicle. The Lessee and their companion expressly declare that they are aware of the risks that the use of a motorcycle may entail and state 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 such experience and knowledge is sufficient grounds for early cancellation of the rental contract without entitlement to a refund of amounts paid.
Insuring the driver and the companion, if any, shall be the Lessee’s responsibility. The Lessor shall not be liable, under any circumstances, for hospitalisation costs, medical fees or the like, nor for the consequences these may have on the normal course of the trip or holiday, return to the place of residence, or resumption of economic or work activity.
Cancellation and early termination
If the Lessee returns the Vehicle before the date set in the specific conditions, return of the Vehicle does not entitle the Lessee to a refund of the amount paid for unused time.
A reservation can be cancelled if done at least 48 hours prior to the start of the rental. Cancelling with less than 48 hours’ notice or a no-show entails loss of the amount paid in advance as the reservation fee. Extension of this contract is not permitted unless expressly authorised by the Lessor.
Replacement. The Lessor will only replace the rented Vehicle in the following cases:
Accident: when it is not caused by the Lessee, upon delivery of the accident report signed and including the details of the party responsible.
Breakdown not attributable to the driver.
Governing law and jurisdiction
This contract is governed by what is agreed herein and in the specific conditions, and the parties submit to the jurisdiction of the Courts of Palma de Mallorca, expressly waiving any other jurisdiction, for any matter arising from its application or breach.
Data protection
In accordance with the provisions of the GDPR EU 679/2016 and Organic Law 3/2018 of 5 December (LOPDPGDD), the following data protection information is provided:
Controller: AMORERENTAL S.L. Tax ID (CIF): B75554667, Postal address: YOLA 8, Postcode: 07458, PLAYA DE MURO, Telephone: 669394397, Email: AMOREVESPARENTAL@GMAIL.COM
PURPOSE: . we process the information you provide us in order to provide you with the services and sell you the requested products, issue invoices for 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 contract and/or purchase made. In any case, your personal data will be retained while they are useful for the indicated purpose, and in any event, for the legal time limits and for the time necessary to address possible liabilities arising from the processing.
LEGAL BASIS: The processing of your personal data is based on the performance of a contract, compliance with a legal obligation and your consent, in accordance with GDPR EU 679/2016 (Art. 6.1.A.B.C.) and Organic Law 3/2018 of 5 December (LOPDPGDD). Law 34/2002 on Information Society Services, Articles 20 and 21, is applicable to the sending of commercial offers via telecommunications.
RECIPIENTS: Data will not be transferred to unrelated third parties except in cases where there is a legal obligation. We inform you that DATAPRO SL will act in all cases as data processors under the terms of Article 28 of the General Data Protection Regulation (GDPR) Regulation (EU) 2016/679.
RIGHTS: You may exercise your rights of access, rectification, erasure, portability, restriction and objection to the processing of your data, as well as the right not to be subject to decisions based solely on automated processing of your personal data. You have the right to lodge a complaint with the Supervisory Authority: Spanish Data Protection Agency (www.agpd.es).
The company informs you that the rented vehicles are equipped with GPS. At AMORERENTAL S.L. we process the information provided by the GPS devices installed in the vehicles for the purpose of monitoring the company’s vehicles in the event of theft or incident.