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 the original “General Terms and Conditions” in Spanish.
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 Hirer”), upon which the owner transfers to the Hirer 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
1. The Hirer receives the vehicle described in the contract in proper working order and without deficiencies, with a set of keys, tools and accessories, especially reflective waistcoats, which must be checked by the Hirer at the beginning of the rental, reporting any deficiencies at the station where he rented the vehicle. The Hirer must also check that the child seats are correctly anchored. The Owner accepts no liability for failure to check these aspects, which are the sole responsibility of the Hirer. It is compulsory for the Hirer to always carry his copy of the rental contract.
2. The Hirer undertakes to use the vehicle and accessories
diligently and to return them in the same condition in which they were delivered to him. To allow the appropriate safety inspections to be carried out and to drive the vehicle in compliance with the regulations of the Highway Code.
3. In the event that during the rental it becomes necessary to repair any of the parts of the vehicle that may affect driving safety, the Hirer must inform Vima Rent a Car and will be informed of the steps to be taken.
4. When renting a vehicle equipped with an AdBlue ® tank, the Hirer must ensure that the tank is always sufficiently full, being liable for any damages caused by non-compliance with this obligation, including any administrative sanctions or fines, mechanical damage or accidents to the vehicle or third parties.
5. Child restraint systems such as child seats, booster seats and others will always be fitted and/or supervised by the parents, who are responsible for their correct use and anchoring in the car.
6. If the vehicle is abandoned, a vehicle recovery fee of up to €1000 plus all costs and expenses arising from its recovery will be charged. Returning the vehicle before the end of the period does not imply under any circumstances the return of any amount to the Hirer, as it is considered a unilateral termination of the contract by the Hirer. If Hirer fails to comply with any of the points set out in the General or Particular Conditions set out in the Contract, Owner reserves the right to withdraw the vehicle from Hirer at any time, and Owner may request damages from Hirer.
7. The Hirer 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 kind of modification, its restitution to the original state plus any damages will be charged to the Hirer. Repairs in a workshop or replacement of spare parts may only be carried out with the express written authorisation of the Owner. No repair costs will be reimbursed unless prior consent and acceptance by the Owner of the estimate and the workshop carrying out the repair has been obtained. In the absence of such express written consent, the Hirer shall be solely responsible for the payment of such expenses, both workshop and spare parts.
8. Use of the Vehicle: It is imperative that the Hirer carries a copy the rental contract and the receipt from the local council, which must be visibly displayed on the dashboard of the vehicle. By legal requirement, the rental data, such as model, registration number, rental period and place of residence or accommodation must be visible on the dashboard. If this is not the case, the Hirer will be liable for the possible penalty and the handling costs.
B. BOOKINGS
1.Reservations refer to vehicle categories. A reservation within a category does not guarantee the assignment of a specific model within that category.
2. For reservations with STANDARD or BASIC packages, vehicle collection is strictly limited to the published office hours and latest pick-up times indicated in the booking confirmation. For STANDARD reservations, the latest possible vehicle collection time is 21:30 on the reserved day. Under no circumstances shall flight delays, cancellations, baggage delays, immigration delays, transportation disruptions, or any other third-party incidents extend the latest pick-up time for STANDARD or BASIC reservations. Customers who do not physically appear at the agreed collection station before 21:30 will automatically be considered a “No-Show”. In such cases, the reservation may be cancelled, the vehicle may be released, and no refund, compensation, modification, or credit will be issued.
The exception regarding flight delays applies exclusively to PREMIUM reservations for which VIMA Rent a Car has expressly confirmed in writing an out-of-office-hours pick-up service.
In order to coordinate a nighttime vehicle handover, the customer must always inform us before 19:00 h. Otherwise, even if the reservation is PREMIUM, it will not be possible to deliver the vehicle and the reservation will be marked as “No Show”.
3. Cancellations must be made at least 48 hours before the start of the rental period. If a reservation with “premium” insurance is canceled between 48 and 24 hours in advance, a charge of 50% of the rental amount will apply. Cancellations made less than 24 hours in advance will incur a charge equivalent to 100% of the reservation price. Reservations with the BASIC or STANDARD Packages are non-refundable, non-modifiable, and non-cancellable.
4. To cancel a Premium Package booking, the renter must send an email to autos@vimarentacar.com attaching the booking confirmation and providing their bank details.
C. AUTHORIZED DRIVERS, PERMITTED USES
1. Upon delivery of the vehicle, the Hirer must present a valid driving licence and an identity document valid for the rental of the vehicle and valid in the country of rental. All required documents must be presented in physical format. Photocopies and photographs are not accepted. In case of prepaid reservations, the Hirer must present the means of payment used to make the reservation. In case the Hirer does not present such documents, the Owner will terminate the rental contract; no compensation will be due to the Hirer. The vehicle may only be driven by the Hirer and those persons designated in the rental contract. It is the responsibility of the Hirer that any driver is in possession of a valid driving licence for the countries in which the vehicle is used. Upon request of the Owner, he must list the persons authorised by the Hirer to drive the vehicle, stating their names, surnames and addresses in writing. This shall apply in particular when the authorities require the Owner to identify the driver who has committed an offence.
2. The vehicle may only be used on properly asphalted public roads.
The Hirer’s signature on the Contract shall be considered as acceptance of this general and particular conditions. If the Hirer uses the vehicle in any of the following unauthorised cases, he/she shall be liable and responsible for any damage caused to the vehicle and third parties, regardless of the type of insurance taken out. Therefore, the Hirer shall be liable for the costs arising from any of the following cases. Unauthorised use includes, but is not limited to, the following examples:
– Participation in competitions.
– Illegal racing.
– Driving without a driving licence or permit, or without the Owner’s authorisation.
– Transfer of the vehicle to a third party.
– Pushing or towing any other vehicle.
– Circulation in places that are not suitable for public transport, such as beaches, car circuits, etc.
– Circulation on unpaved roads
– Negligent behaviour when warning lights or signals on the vehicle’s dashboard that the lessee declares to be aware of when signing this contract are switched on.
– The transport of furniture or goods
– The transport of animals in the vehicle
– The transport of persons or goods that directly or indirectly implies a payment to the Hirer (e.g. using the vehicle as an illegal “taxi”)
– Subletting the vehicle
– Transporting more people or more luggage than is authorised for the vehicle, in accordance with the number of seat belts
– Transporting luggage on top of the vehicle (roof racks are not authorised) – Leaving objects in plain view in the vehicle
– Soiling or damaging 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 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 is prohibited inside the vehicle.
– Parking in areas that are not properly marked or signposted for this purpose.
3. It is expressly forbidden to take the vehicle off the island. In case of taking the vehicle out of the island, a charge of up to €1500 plus the costs of recovery of the vehicle will be applied.
4. The Hirer must ensure that the vehicle’s load is correctly positioned and always respects the load and/or occupant limits authorised for the vehicle. It is the Hirer’s responsibility to lock the vehicle properly when leaving it.
5. The Hirer is personally and jointly and severally liable for the persons who drive the vehicle during the rental.
6. Without prejudice to the Hirer’s liability to third parties, if any of the circumstances provided for in points 1 to 3 occur, the Owner may terminate the contract with immediate effect, as well as claim compensation for damages, including loss of profit, that the breach in question has caused him.
7. The Hirer and additional drivers must be at least 20 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 legislation, for the entire rental period.
D. RENTAL FEES
1. The rental charges are as outlined in the rental agreement. The minimum charge shall be for a 12-hour rental. Unless a bonus or special price has been agreed, the rental charges listed in the price tables displayed at any Vima Rent a Car office shall apply. For drivers under 24 years of age or with less than four years of driving licence, specific rates or additional charges may apply.
2. The rental price does not include costs such as refuelling, petrol, handling costs, as well as costs for delivery or collection of the vehicle outside a Vima station, nor applicable taxes, unless specifically mentioned. Special prices, offers and discounts do not apply if the Hirer is in default of payment. The Owner reserves the right to change the charges and discounts resulting from an obvious error or incorrect information provided by the Hirer.
3. Supplements or extras, such as mileage, child seats, telephone, navigation systems, airport taxes, etc., shall be invoiced on the basis of the rates in force at the time of booking. If the vehicle has not been booked in advance, the rates in force at the time of collection of the vehicle shall apply.
4. If the vehicle is returned to a place other than the point of delivery, the hirer shall bear the cost of the return service to the correct point of return.
5. If the Hirer picks up the car at the airport of Palma de Mallorca, he will pay the parking ticket to be able to leave the car park, this payment will not be imputable to the company Vima Rent a Car.
6. The Hirer undertakes to return the car with the same level of fuel that is delivered to him (this amount will be detailed in the rental contract). If this condition is not fulfilled, 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 €30.
7. VIMA Rent a Car reserves the right to charge customers who return the car in unhygienic, dirty or otherwise unusable conditions.
8. VIMA Rent a Car reserves the right to charge up to €250 to those customers who return the car with lost or broken GPS.
9. VIMA Rent a Car reserves the right to establish charges of up to 250€ for those customers who return the car with lost or broken child seats.
10. VIMA Rent a Car reserves the right to charge €80 for each hour of delay in returning the vehicle after the return time agreed in the rental agreement, without prior notice and without the express written authorization of VIMA confirmed by email. Furthermore, VIMA Rent a Car reserves the right to charge €80 for returns made outside the agreed return time, location or return procedure, including cases where the vehicle is driven into the parking facility outside the authorized hours, without the express written authorization of VIMA confirmed by email. 11. VIMA Rent a Car reserves the right to establish charges of up to €500 if there is evidence of smoking inside the rented vehicle.
12. In the event that the Hirer wishes to extend the rental period, in order for the extension of the contract to be effective, he/she must receive written authorisation from VIMA by e-mail, must have paid the extension fee and must have signed the new rental contract. Failure to comply with any of these three conditions will result in a penalty of €190 per day of rental in addition to the extension fee. No insurance will cover any damage or damage caused to the vehicle in case of unilateral extension of the rental contract. 13. In the event that the Hirer fails to pay the amounts due for any damage caused to the vehicle during the rental period, or fails to provide the required payment guarantee, Vima Rent a Car reserves the right to immobilise or recover the vehicle, or to terminate the rental agreement with immediate effect. In such cases, the Hirer shall not be entitled to any compensation, refund or reimbursement for any unused rental days, without prejudice to Vima Rent a Car’s right to take any legal action necessary to recover the outstanding amounts owed.
E. EXPIRY, PAYMENT TERMS AND GUARANTEES
1. Rental price and additional charges
The rental price, as well as any supplements, additional services, liability limitations, fees, delivery or return charges, taxes and any other amounts contracted by the renter shall be due and payable in accordance with the booking conditions and these general terms and conditions.
Any outstanding amounts must be paid no later than at the time of vehicle collection. However, where required by the company, payment must be made in advance via the bank payment link provided to the renter.
2. Accepted payment methods
VIMA Rent a Car accepts payments by VISA and MASTERCARD credit cards, as well as debit cards that meet the requirements set out in these terms and conditions. Cash payment at the destination, at the time of vehicle collection, is also accepted.
Payments may be made at VIMA Rent a Car’s premises or through any of the payment systems enabled by the company.
Digital wallets, including but not limited to Apple Pay, Google Pay or equivalent systems, will not be accepted. In all cases where a card is required, the physical card must be presented. The use of the card through mobile devices, digital wallets or similar systems will not be accepted.
3. Card and rental guarantee
As a rental guarantee, the renter must present a valid physical credit card that is in date and meets the requirements established by VIMA Rent a Car. The card must necessarily be issued in the renter’s own name.
The card used to pay for the booking must be the same physical card presented by the renter at the time of vehicle collection to provide the rental guarantee. A different card will not be accepted for this purpose.
Cards belonging to third parties will not be accepted, either as a payment method or as a rental guarantee.
The card used to provide the guarantee must be available when the rental agreement is entered into and may be used by VIMA Rent a Car to make the relevant pre-authorisations, deposits or charges in accordance with the agreement, booking and these general terms and conditions.
VIMA Rent a Car will also make a €120 pre-authorisation as a fuel guarantee. This pre-authorisation will be released once it has been verified that the vehicle has been returned with the same fuel level as when it was delivered, in accordance with the fuel policy applicable to the rental.
The €120 pre-authorisation for the fuel guarantee shall be independent of any other pre-authorisation, deposit or guarantee applicable depending on the package booked, the driver’s age or the specific conditions of the booking.
4. Cards not accepted as a credit card or ordinary guarantee
For the purposes of providing the ordinary rental guarantee, credit cards issued by digital financial institutions or similar financial services shall not be considered valid credit cards, even if they are marketed as credit cards and operate through the VISA or MASTERCARD payment networks.
Prepaid cards, cards issued by digital financial institutions and equivalent products offered by similar financial services will likewise not be accepted as an ordinary guarantee card, including, by way of example only, Revolut, N26, Wise, bunq, Vivid Money, Monese, Nubank, Girocard and EC-Karte.
The above list is merely illustrative and is not exhaustive. VIMA Rent a Car reserves the right to determine, based on the characteristics and nature of the financial product, whether a particular card meets the requirements to be accepted as a credit card and as an ordinary rental guarantee.
Where the renter only has a card that is not acceptable as a credit card for the ordinary guarantee and wishes to proceed with the rental, they may, exclusively where they have booked or upgraded their booking to the PREMIUM package, opt for the “Delivery without Credit Card” option, provided that the card presented is issued in the renter’s own name.
To use this option, the renter must:
a) physically present the card for identification and registration in the rental agreement;
b) accept a €600 pre-authorisation or deposit as a guarantee; and
c) pay a supplement of €5 per rental day for the “Delivery without Credit Card” option.
Customers who have booked the STANDARD package and do not have a valid credit card to provide the ordinary guarantee must first upgrade their booking to the PREMIUM package, paying the corresponding upgrade fee. In addition, they must pay the €5 per rental day supplement for the “Delivery without Credit Card” option and accept a €600 pre-authorisation or deposit as a guarantee.
Booking the “Delivery without Credit Card” option does not modify, replace or remove any other conditions applicable to the rental, nor any guarantees, deposits, pre-authorisations or additional charges that may apply depending on the driver’s age, package booked or any other circumstances provided for in these general terms and conditions.
5. PREMIUM package customers
Customers who have booked the PREMIUM package and meet the requirements established by VIMA Rent a Car will not be required to provide a security deposit corresponding to the excess, unless the specific booking conditions expressly state otherwise.
This exemption applies exclusively to the security deposit corresponding to the excess and does not affect any other guarantees, pre-authorisations, deposits or charges that may apply for other purposes, including the fuel guarantee, the JUNIOR category or any other concept provided for in these general terms and conditions.
PREMIUM customers who do not have a valid credit card may use the “Delivery without Credit Card” option under the conditions established in Section 4.
6. STANDARD package customers
Customers who have booked the STANDARD package must present a valid physical VISA or MASTERCARD credit card, in date and issued in the renter’s own name, for the purpose of providing the rental guarantee.
The ordinary guarantee applicable to the STANDARD package shall be €1,200.
STANDARD customers who only have a debit card, or any other card that does not meet the requirements for providing the ordinary guarantee, will not be able to receive the vehicle under the STANDARD package conditions.
To proceed with the rental, they must first upgrade their booking to the PREMIUM package and purchase the “Delivery without Credit Card” option, paying the applicable €5 per rental day supplement, in addition to the guarantee established for this option.
The package upgrade must be completed before the vehicle is actually delivered and, where necessary, at the VIMA Rent a Car desk upon the customer’s arrival in Mallorca.
Under no circumstances may a STANDARD package be upgraded to PREMIUM once the rental has started or during the period in which the vehicle is being used. The only possibility of making this upgrade is before taking possession of the vehicle, at the VIMA Rent a Car desk, upon the customer’s arrival in Mallorca.
7. JUNIOR drivers (20–24 years old)
Where the driver is subject to the conditions applicable to the JUNIOR category, an additional guarantee of €350 must be provided.
Where the booking duration is 7 days or less, this guarantee may be provided by means of a €350 pre-authorisation.
Where the booking duration exceeds 7 days, the €350 must be paid as a security deposit using the payment method indicated or enabled by VIMA Rent a Car.
The JUNIOR driver guarantee shall be additional to and independent of the guarantee applicable to the booked package.
Therefore:
- JUNIOR + STANDARD: STANDARD guarantee of €1,200 + additional JUNIOR guarantee of €350.
- JUNIOR + PREMIUM: JUNIOR guarantee of €350, with no security deposit corresponding to the PREMIUM excess, unless the specific booking conditions expressly state otherwise.
8. STANDARD package guarantee
For rentals under the STANDARD package, where the rental period is 7 days or less, a €1,200 pre-authorisation will be made as a guarantee.
Where the rental period exceeds 7 days, VIMA Rent a Car may require the €1,200 to be paid in advance as a security deposit via a payment link.
The guarantee applicable to the STANDARD package shall be independent of any other additional guarantee that may apply due to the driver’s age, services booked or specific booking conditions.
9. Collection outside normal business hours
Vehicle collection outside normal office hours shall be subject to the supplements, requirements and conditions established by VIMA Rent a Car for the out-of-hours service.
VIMA Rent a Car may require certain amounts to be paid in advance where necessary to arrange vehicle delivery outside normal business hours.
The customer must complete in advance all identification, document verification, acceptance of the terms and payment procedures established by VIMA Rent a Car as requirements for out-of-hours delivery.
Failure to comply with any of these requirements may prevent the vehicle from being delivered until they have been duly completed.
10. Authorisation of charges
By accepting these general terms and conditions and entering into the rental agreement, the renter expressly authorises VIMA Rent a Car to charge the card provided for any amount legitimately arising from the rental agreement, in accordance with the booking conditions and these general terms and conditions.
Charges may include, among others:
- outstanding rental amounts;
- supplements or additional services;
- fuel;
- damage and losses caused to the vehicle;
- excesses or amounts payable by the customer;
- special cleaning;
- vehicle recovery costs;
- parking charges;
- fines, penalties or administrative costs arising from them;
- delays or returns made outside the agreed conditions;
- loss of or damage to accessories, equipment or documentation;
- administrative or management fees; and
- any other amount provided for in the agreement or these general terms and conditions.
The renter must ensure that the card provided remains valid and has sufficient funds or available credit to cover any amounts that may become payable.
11. Insufficient funds and non-payment
If an authorised charge cannot be processed due to insufficient funds or available credit, blocking, cancellation, expiry or any other circumstance relating to the card provided, VIMA Rent a Car may require the renter to make payment by bank transfer, payment link or any other payment method enabled by the company.
The renter must settle the amount claimed within the period specified by VIMA Rent a Car.
Late payment may result in default interest, collection costs and any other costs that may legally be claimed.
VIMA Rent a Car reserves the right to pursue any outstanding amount through judicial or extrajudicial means, as well as any legally applicable costs arising from such action.
12. Return and release of guarantees
Once the vehicle has been returned, VIMA Rent a Car will check its general condition, fuel level, accessories, documentation and compliance with the terms of the agreement, as well as the existence of any damage, incidents or outstanding amounts.
Where there are no outstanding amounts or incidents justifying the full or partial application of the guarantee, VIMA Rent a Car will release or refund it, depending on the method used to provide the guarantee.
Where the guarantee has been provided by credit card, the maximum hold period shall be 30 business days from the start of the rental, without prejudice to any additional time that may be required by the issuing bank to process the release.
Where the guarantee has been provided by debit card, the maximum refund period shall be up to 30 days from the return of the vehicle, without prejudice to any additional time that may be required by the relevant bank.
The refund will generally be made using the same payment method used to provide the guarantee.
If, for technical, operational or banking reasons, it is not possible to refund the amount to the same payment method, VIMA Rent a Car will issue a voucher valid for 6 months.
F. INSURANCE
1. The rented vehicle has the compulsory Civil Liability insurance with a maximum coverage of 50 million euros.
2. The insurance coverage of the vehicle for own damage due to theft, fire and force majeure will have the reserved coverage. With or without excess.
3. The applicable excesses per claim are those in force and contracted prior to the rental.
4. Likewise, the insurance cover shall be excluded in the event of claims in which the driver of the vehicle is not an authorised driver, is not in possession of a valid driving licence, or uses the vehicle in contravention of the provisions of points C.2, C.3 and C.4, as well as in the cases of figure I.2 of these conditions.
5. Vima Rent a Car offers three types of insurance to customers. In case of contracting any of them, this fact will be reflected in the rental contract.
The “BASIC” insurance does not include:
1. Expenses derived from the loss or breakage of the 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.
5. Expenses arising from incorrect refuelling.
6. Expenses arising from roadside assistance.
7. Expenses derived from the management of fines.
8. Replacement car.
9. Damage or breakage of the clutch.
10. Expenses arising from the key handover service.
11. Damage to the bodywork of the vehicle. In addition, each day that the vehicle is being repaired due to an accident caused by the renter, the renter must pay a charge of up to €350 to Vima Rent a Car.
The “STANDARD” insurance does not include:
1. Expenses arising from loss or breakage of keys.
2. Expenses arising from damage to wheels, tyres or rims.
3. Expenses derived from the breakage or theft of the antenna.
4. Expenses derived from the breakage of windows or glass.
5. Expenses derived from incorrect refuelling.
6. Expenses derived from roadside assistance.
7. Expenses derived from the management of fines.
8. Replacement car.
9. Damage or breakage of the clutch.
10. Expenses derived from the key handover service.
11. Damage to the bodywork of the vehicle. In addition, each day that the vehicle is being repaired due to an accident caused by the Hirer, the Hirer must pay a charge of up to €350 to Vima Rent a Car.
The “Premium” insurance does not include:
1. Expenses derived 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 or breakage to the clutch.
5. Expenses arising from key delivery service.
6. Replacement car.
The “Extra” insurance does not include the costs derived from the key delivery service.
6. No insurance or tariff includes or covers damage to the vehicle resulting from reckless driving, driving under the influence of alcohol or drugs, or driving off public roads or unpaved roads. Damage caused by reckless, negligent or reckless driving (For example: driving with the mobile phone, distractions at the wheel and other actions penalised in the current traffic regulations in Spain) is not covered under any circumstances. If the vehicle is immobilised or damaged due to reckless or negligent driving, driving under the influence of alcohol or drugs, or driving off public roads or unpaved roads, Vima Rent a Car S.L. reserves the right to charge an amount of up to €350 per day of repair or immobilisation, in addition to the damage caused to the vehicle and costs arising from the accident to the vehicle itself and to third parties.
7. All damages or defects caused to the vehicle must be report covered by any insurance policy.
8. Breakdown due to incorrect fuel: If the vehicle suffers a breakdown due to refuelling with incorrect fuel, the Hirer must pay the costs of emptying the tank, refuelling with the correct fuel, possible repairs and travel (€0.60 per kilometre one way and €0.60 per kilometre return) from the office at Calle La Marina, 25, 07659, Cala Figuera.
9. Damage and damage caused inside the vehicle will not be covered under any circumstances or by insurance. The Hirer will assume all costs incurred inside the vehicle plus an amount of up to €350 for each day that the vehicle is being repaired.
10. Coverage of Insurance Purchased from Intermediaries: Insurance purchased through intermediaries will not carry coverage with VIMA. It will be the responsibility of the Hirer to arrange any possible reimbursement with the additional company contracted.
11. In the event of accident or breakdown, VIMA reserves the right to replace the vehicle, which will always be subject to availability, and may be refused if VIMA considers that the alterations produced in the rented vehicle were caused by the breach or violation of the obligations and conditions established in this rental contract, which have been previously accepted by the Hirer, by the hirer’s accident or by any other circumstance that by law may entitle the Hirer to do so.
12. If VIMA proceeds to replace the rented vehicle in the event of accident, accident, breakdown or mechanical failure, VIMA will assess the situation and study the most effective solution: the driver may be advised to drive to the office to obtain a replacement vehicle or a tow truck will be sent to tow the rented vehicle to VIMA’s office.
13. VIMA reserves the right to cancel the delivery of the vehicle in the event of justified doubts about the customer’s financial standing or because of the customer’s history of non-payment or serious incidents with VIMA.
14 No refund will be issued in the event of a No-Show or cancellation after the scheduled pick-up time. No refunds or credits will be issued for unused rental days (late pick-up or early return) once the vehicle has been rented.
15. No insurance or tariff includes breakage, theft or loss of vehicle components such as aerials, windscreen wipers, fuel filler caps, wheel trims, floorboards, triangles, GPS, waistcoats, child seats, etc.
G. ACCIDENTS / THEFT / OBLIGATION TO REPORT
1. In case of accident, theft, fire, damage caused by nature, and in general in any case of damage, the Hirer must do everything possible to protect the interests of the Owner. In particular, he shall immediately inform the police if a crime has been committed, if there are injuries or if the guilt of those involved is to be investigated.
2. In the event of an accident, the Hirer must fill in the standardised friendly declaration form that can be found in the vehicle documentation and inform the Owner of the accident within a period not exceeding 24 hours, by means of a copy of the report, the original of which must be delivered within a maximum period of two days. If the other party refuses to sign an amicable statement, the Hirer must request the presence of the police. In addition, he must:
– Concisely and precisely describe the accident and, where appropriate, note the names of any witnesses.
– Not prejudge or acknowledge any responsibility for the accident.
– Not abandon the vehicle without taking appropriate measures to protect it from further damage by leaving it closed and without disturbing traffic. Immediately inform VIMA Rent a Car of the accident by calling +34 971 645353 and sending an email to autos@vimarentacar.com with all the documentation. In the event of an accident or criminal act, the Owner shall not be obliged to offer the Hirer another rental vehicle. In this situation, the Contract shall be deemed to have ended between the two parties, the Owner and the Hirer, and the Hirer shall be required to pay the amount due to the Lessor for the replacement of the vehicle.
3. Furthermore, in all other cases of damage to the vehicle, the Hirer
must draw up and deliver to the Owner a report describing the damage.
4. The accident and/or damage reports referred to in the previous points must be filled in completely and with as much detail as possible, both with regard to the damage and the circumstances in which it occurred.
5. The Owner is not liable for damage or theft of objects deposited inside the vehicle.
6. The loss of the vehicle does not automatically imply an obligation on the part of the Owner to provide a replacement vehicle.
H. THE HIRER’S RESPONSIBILITY.
1. The Hirer receives the vehicle in a correct state of maintenance and bodywork, without deficiencies, except for the observations that may be made when receiving the vehicle. He must return it in the same condition. The Hirer is liable to the Owner for any damage or theft of the vehicle, as well as, in general, damages due to breaches of contract, except for the limitations of liability that the Hirer contracts, in addition to what results from applying the legal provisions in force that are not regulated in these conditions.
2. On the other hand, the Hirer shall be liable without limitation for the violation of any of the legal provisions that are committed during the term of the contract, in particular for traffic offences. A sum of up to €30 will be invoiced for the handling of fines attributable to the driver.
3. Damage to the interior of the vehicle, damage caused by incorrect refuelling or damage to the engine, damage to windows and mirrors, damage to tyres, unless the corresponding insurance has been taken out, damage to the underside or roof of the vehicle, as well as the cost resulting from the loss/damage of the vehicle key are not covered by the contracted limitation of liability.
4. In case of breakdown or accident outside the agreed rental period: Upon termination of the contractual relationship between Hirer and Owner (hereinafter, the Parties), Hirer shall be liable for 100% of the payment of repairs and expenses incurred to the Vehicle, plus a penalty of up to €350 for each day that the vehicle is not available for re-rental.
5. Traffic offences: Hirer shall be responsible for the payment of fines during the rental period. Hirer shall inform the Owner of any fines imposed on Vehicle or driver during the rental period. Hirer will always charge the Owner for the notification and handling of penalty fines imposed on Hirer. The payment of fines is not included in any of the coverage that may be contracted. In the event that the authorities retain the vehicle due to an act or omission on the part of the lessee, whatever the cause, the Hirer will be responsible for and indemnify the Owner for all expenses and loss of profit incurred for this reason, in addition to a penalty of up to €350 for each day that the vehicle is not available to be rented again by Vima Rent a Car S.L.
I. RETURN OF VEHICLE
1. The rental contract shall be for the initially agreed duration, at the end of which the vehicle must be returned. However, it may be extended with the consent of the Owner, provided that the Hirer requests this with three days’ notice.
2. The Hirer is obliged to hand over the vehicle, keys, documentation and accessories at the agreed place and before the expiry of the contracted period. This must be done within the normal business hours displayed at each of the Vima Rent a Car stations.
3. The special rates shall only apply for the periods specified in the offer.
4. In case of late delivery of the vehicle, it will be billed according to the rates in force at that time.
5. It is the Hirer’s responsibility to ensure that the vehicle is delivered to the agreed place.
6. Hirer shall return the vehicle, keys, documentation and accessories in the same condition in which they were handed over to him/her.
7. Objects found: Hirer must empty the Vehicle of his personal belongings. The Owner is not responsible for any object found in the vehicle. Notwithstanding the foregoing, any object found in the vehicle may be returned to Hirer upon express written request to autos@vimarentacar.com. In this case, the Owner 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 Hirer.
J. AUTHORIZATION TO CHARGE AMOUNTS
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 Hirer 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 HIRER
If, for reasons beyond the company´s control, the rented car model is not available, VIMA Rent a Car 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
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.
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.
3. We also inform you that the processing indicated in the previous paragraph is required for the execution of the contract between the Hirer and VIMA Rent a Car SL company.
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.
5. Failure to provide the data to the aforementioned entities implies that the provision of the services covered by this contract cannot be fulfilled.
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.