VIMA - GENERAL TERMS AND CONDITIONS OF VEHICLES RENTAL AGREEMENT
Acceptance of Terms and Conditions
All of the content below is a free translation of VIMA Rentacar’s ‘General Terms and Conditions’ into English, provided in good faith to the customer. Please see below for the original ‘General Terms and Conditions’ in English. In any legal dispute, the Spanish ‘General Terms and Conditions’ will prevail over the free English translation.
These terms and conditions of contract and all matters arising from them are subject to Spanish law and to the exclusive jurisdiction of the Spanish courts.
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
o 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.
o 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.
o 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.
o 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.
o 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.
o 6. If the vehicle is abandoned, a vehicle recovery fee will be charged plus all costs and expenses incurred in recovering the vehicle. If the Check-In is carried out before the end of the period, no amount of the price subscribed in the Contract will be returned or refunded to the Renter, as this is considered a unilateral termination of the Contract by the Renter. If Renter fails to comply with any of the points set out in the General or Particular Conditions set out in the Contract, Lessor reserves the right to withdraw the vehicle from Renter at any time, and Renter may claim damages from Renter.
o 7. Renter receives the vehicle in perfect condition and must keep it in good condition, not being allowed to make any exterior or interior modification, if there is any type of modification, its restitution to the original state plus possible damages will be charged to Renter. Repairs in a workshop or replacement of spare parts may only be carried out with the express written authorisation of the Lessor. No repair costs will be reimbursed unless prior consent and acceptance by the Lessor of the estimate and the workshop carrying out the repair has been obtained. In the absence of such express written consent, the Lessee shall be solely responsible for the payment of such expenses, both workshop and spare parts.
• B. BOOKINGS
o 1. Bookings are made by vehicle categories. Booking in a particular category does not guarantee the provision of a specific model within the category.
o 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 48 hours in advance regarding the start of the lease. If the reservation with the premium insurance is cancelled between 48 hours and 24 hours before the rental date, the charge will be 50% of the rental price. With less than 24 hours notice the charge will be equivalent to 100% of the booking price.
o 3. To cancel a reservation, the hirer must communicate this wish by sending an email to firstname.lastname@example.org attaching the reservation document and providing the bank details.
• C. AUTHORIZED DRIVERS, PERMITTED USES
o 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.
o 2. The vehicle may only be used on public roads and highways. The Lessee’s signature on the Contract shall be deemed to be acceptance of the general and particular conditions specified in the contract. Unauthorised use includes, but is not limited to, the following cases cited by way of example: – Participation in competitions. – Illegal racing. – Driving without a driving licence or permit, or without the Lessor’s authorisation. – Transfer of the vehicle to a third party. – Pushing or towing any other vehicle. – Driving in places that are not suitable for public transport such as beaches, car circuits, etc. – Driving on roads that could lead to damage to the vehicle’s underbody/crankcase. – Negligent behaviour in the event of warning lights or warning signs on the vehicle’s dashboard that the lessee declares to be aware of when signing this contract. – The transport of furniture, except for vehicles designed for this purpose. Transporting animals in the vehicle – Transporting people or goods that directly or indirectly imply a payment to the lessee (e.g. using the vehicle as an illegal “taxi”) – Subletting the vehicle – Transporting more people or luggage than the number of people or luggage authorised for the vehicle, in accordance with the number of seat belts – Transporting luggage on top of the vehicle (it is not authorised to place a roof rack on the vehicle) – Leaving objects in plain view in the vehicle. – Leaving objects in sight in the vehicle.- Soiling the interior of the vehicle.- Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, medication or drugs.- Reckless driving.- Driving the vehicle contrary to traffic regulations.- Driving the rented vehicle by a person not authorised in the contract either as Hirer/s or additional driver/s.- Driving the vehicle outside Mallorca. – Use of the vehicle after the end of the rental period. – No baby and/or child seat if travelling with children under 12 years of age or any person with a height of less than 135 centimetres. – SMOKING INSIDE THE VEHICLE IS PROHIBITED.
o 3. For rentals within Mallorca, it is expressly prohibited to remove the vehicle from the island.
o 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.
o 5. The renter is jointly and severally liable for the persons who drive the vehicle during the rental period.
o 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.
o 7. The Renter and additional drivers must be at least 19 years old and have held a driving licence for at least one year, and must present a valid identity card or passport, both documents in physical format, legible and in good condition and accepted by Spanish law, for the duration of the rental period.
• D. RENTAL FEES
o 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.
o 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.
o 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.
o 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.
o 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.
o 6. The lessor undertakes to return the car with the same level of fuel as that delivered (this amount will be detailed in the rental contract). In the event that this condition is not met, VIMA Rent a Car reserves the right to charge the amount of fuel remaining up to the amount established in the contract plus the amount of the refuelling service, equivalent to thirty euros.
o 7. VIMA Rent a Car reserves the right to charge those clients who return the car in unhygienic, dirty or other bad conditions.
• E. EXPIRATION, PAYMENT TERMS, WARRANTIES
o 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.
o 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.
o 3. All services shall be paid in advance by credit card (VISA or MASTERCARD), debit card or cash at our premises. Payment for bookings via our website can only be made using the credit or debit cards indicated above. VIMA RENT A CAR only accepts VISA and MASTERCARD credit cards, not including any surcharge on them.
o 4. The renter accepts the conditions contained in this document, as well as any charges applied derived from the rental period or other costs contained in this document. These charges will be made to the card provided by the tenant at the signing of the contract. In the event that the card provided does not have sufficient funds to cover any debt or payment with the company, the client undertakes to make a bank transfer to VIMA Rent a Car S.L. within a maximum period of 24 hours. After this period, the amount will be increased by 50% for each week that the lessee is late in making the payment. VIMA Rent a Car S.L. reserves the right to initiate legal proceedings of any kind against renters who do not comply with the payment procedures set out in this document.
• F. INSURANCE
o 1. The rental vehicle is provided with the mandatory liability insurance with a maximum coverage of 50 million of euros.
o 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.
o 3. The deductibles applicable in the case of accidents are those valid and purchased prior to the rental agreement.
o 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.
o 5. Vima Rent a Car offers three types of insurance to customers. In case of contracting either of them, this fact will be reflected in the rental contract. The “PLUS” insurance does not include: 1. Expenses derived from loss or breakage of keys. 2. Expenses derived from breakage of windows, glass or rear-view mirrors. 3. Expenses derived from damage to wheels, tyres or rims. 4. Expenses derived from the breakage or theft of the aerial. Expenses arising from incorrect refuelling. 6. Expenses arising from roadside assistance. 7. 7. Expenses derived from the management of fines. 8. Replacement car. In addition, each week that the vehicle is being repaired due to an accident caused by the renter, the renter must pay a charge of up to 1000 euros to Vima Rent a Car. The “Premium” insurance includes a replacement car, within a maximum period of 48 hours after notification of the accident by the renter, provided that there is a fleet available on the part of the lessor. The “Premium” insurance does not include: 1. Expenses arising from loss or breakage of keys. 2. Expenses arising from incorrect refuelling. 3. Expenses arising from the handling of fines. 4. Expenses arising from damage to the clutch. 5. Expenses arising from roadside assistance.
o 6. No insurance or tariff includes/covers damage to the vehicle resulting from reckless driving, driving under the influence of alcohol or drugs, or driving off public roads.
• G. ACCIDENTS / THEFT / OBLIGATION TO REPORT
o 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.
o 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. In addition, the renter must:
– Concisely and accurately describe the accident and, where appropriate, record the names of witnesses.
– Not prejudge or acknowledge any responsibility for the accident.
– Not to abandon the Vehicle without taking appropriate measures to protect it from further damage by leaving it closed and without disturbing traffic. f. Immediately inform VIMA Rent a Car of the accident by calling +34 971 645353 and sending an email to email@example.com. With all the documentation. In the event of an accident or criminal act, the lessor is not obliged to offer the lessee another rental vehicle. The Lessor will be charged a handling fee for each accident report. The Lessor may offer the Lessee a new vehicle, under the current conditions in force at the time indicated, in order to replace the vehicle involved in the accident, criminal act or vandalism. In this situation, the Contract shall be deemed to be terminated between the two parties, Lessor and Lessee, and the Lessee shall pay all expenses arising from the Contract to the Lessor.
o 3. In any event of damage caused to the vehicle, the renter shall write and deliver to the owner a report describing it.
o 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.
o 5. The owner shall not be liable for the damage or theft of objects left inside the vehicle.
o 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
o 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.
o 2. 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 30 € will be billed for the administrative costs related to fines attributable to the driver.
o 3. 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 if 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.
o 4. In case of breakdown or accident outside the agreed rental period: Upon termination of the contractual relationship between Renter and Lessor (hereinafter referred to as the Parties), the Hirer will be responsible for 100% of the payment of repairs and expenses incurred to the Vehicle, plus a penalty of up to 1000 euros for each week that the vehicle is not available for rental.
o 5. Traffic infringements: Renter shall be responsible for the payment of fines during the rental period. Renter must inform Renter of any fines imposed on the Vehicle or the driver during the rental period. Renter will always be charged by Renter for the notification and handling of penalty fines imposed on Renter. The payment of fines is not included in any of the coverage that may be contracted. In the event that the authorities detain the Vehicle due to an act or omission on the part of Renter, whatever the cause, Renter shall be liable for and indemnify Lessor for all expenses and loss of profit incurred as a result, plus a penalty of up to 1000 euros for each week that the vehicle is not available for rental.
• I. RETURN OF VEHICLE
o 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.
o 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.
o 3. Special rates are only valid for the periods specified in the offer.
o 4. In case of late delivery of the vehicle, the renter will be billed at the rates in effect at that time.
o 5. It is the responsibility of the renter to ensure the delivery of the vehicle at the agreed-upon location.
o 6. The renter will return the vehicle, keys, documentation and accessories in the same condition as received.
o 7. Objects found: Renter must empty the Vehicle of his personal belongings. The Lessor is not responsible for any object found in the Vehicle. Notwithstanding the foregoing, any object found in the vehicle may be returned to Renter upon express written request to firstname.lastname@example.org. In this case, the Lessor will charge a fee for the shipping of the objects in addition to the costs of sending them, which will be borne entirely by the Lessee.
• J. AUTHORIZATION TO CHARGE AMOUNTS
o 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. RIGHTS OF THE LESSER
o If for reasons beyond our control we do not have the rented car model, the company reserves the right to change it, always replacing it with another similar to the one booked or of a higher category for the same price.
• L. DATA PROTECTION
o 1. In accordance with the provisions of current legislation on Personal Data Protection, we inform you that your data will be incorporated into the processing system owned by VIMA RENT A CAR SL CIF B07657620 and registered office located at C/ LA MARINA 25 07659, CALA FIGUERA (MALLORCA) (ILLES BALEARS), in order to manage the rental of the vehicle. In compliance with current legislation, VIMA RENT A CAR SL informs you that the data will be kept for THE LEGALLY ESTABLISHED PERIOD.
o 2. We also inform you that the processing mentioned in the previous paragraph is legitimised by the satisfaction of the legitimate interest of VIMA RENT A CAR SL.
o 3. We also inform you that the processing indicated in the previous paragraph is required for the execution of the contract between you and our company.
o 4. With this clause you are informed that your data will be communicated if necessary to: public administrations and all those entities with which communication is necessary in order to comply with the provision of the above service.
o 5. Failure to provide the data to the aforementioned entities implies that the provision of the services covered by this contract cannot be fulfilled.
o 6. VIMA RENT A CAR SL informs that it will proceed to process the data in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner. For this reason, VIMA RENT A CAR SL undertakes to adopt all reasonable measures to ensure that the data is deleted or rectified without delay when it is inaccurate.