VIMA - GENERAL TERMS AND CONDITIONS OF VEHICLES RENTAL AGREEMENT

Acceptance of the Terms and Conditions

These general terms and conditions of contract, as well as any matter arising from them, shall be governed by Spanish law. The complaints regime and the determination of jurisdiction shall be governed by the provisions of section R.

These General Terms and Conditions shall govern the contractual relationship between Vima Rent a Car, S.L. (“the Owner”) and the customer (“the Hirer”), by virtue of which the former assigns to the latter the use of a vehicle for the term, price and other conditions set out in the rental agreement.

The versions of these General Terms and Conditions published in English, German, French and Italian constitute free translations provided in good faith to the customer for their convenience. In the event of any discrepancy, contradiction or doubt as to interpretation between any of the said versions and the Spanish version, the Spanish version shall prevail in all cases, being the only one with contractual force.

These General Terms and Conditions form part of the rental agreement entered into by the Hirer. In the event of discrepancy, the following order of precedence shall apply: (1) the particular conditions expressly agreed in the agreement actually signed by the Hirer; (2) the conditions specific to the package contracted, as set out in the booking confirmation; and (3) these General Terms and Conditions.

A. USE OF THE VEHICLE

1. The Hirer receives the vehicle described in the agreement in proper working order and free from defects, with one set of keys, tools and accessories, in particular reflective vests, all of which the Hirer shall check at the start of the rental, notifying any defects at the station where the vehicle was hired. The Owner accepts no liability for any failure to check these matters, which is the exclusive responsibility of the Hirer.

2. The Hirer undertakes to use the vehicle and the accessories with due care and to return them in the same condition in which they were delivered. To allow such safety inspections as may be appropriate to be carried out, and to drive the vehicle in compliance with the rules of the Highway Code.

3. In the event that during the rental it becomes necessary to repair any part of the vehicle which may affect driving safety, the Hirer shall inform Vima Rent a Car and shall be advised of the steps to be followed.

4. In rentals of vehicles fitted with an AdBlue® tank, the Hirer shall ensure that the tank is always sufficiently full, and shall be liable for any loss caused by breach of this obligation, including any administrative penalties or fines, mechanical damage or accidents affecting the vehicle or third parties.

5. Child restraint systems, such as child seats, booster seats and others, shall always be fitted and/or supervised by the parents, who shall check that they are correctly anchored and are solely responsible for their use and installation in the vehicle.

6. The vehicle shall be deemed abandoned when the Hirer leaves it in a place other than that agreed without notifying VIMA Rent a Car and without handing over the keys, or when, having been required to return it, the Hirer fails to deliver it within 48 hours. In such a case a vehicle recovery fee of €1,000 shall be charged, plus all expenses and costs arising from its recovery. Cases of return at a place other than that agreed with notification or handover of the keys shall be governed by clause I.7.a. If the Hirer breaches any of the points set out in the General Terms and Conditions or the particular conditions established in the Agreement, the Owner reserves the right to withdraw the Vehicle from the Hirer at any time, and the Owner may claim damages from the Hirer.

7. The Hirer shall keep the Vehicle in good condition, no modification, whether external or internal, being permitted; should any type of modification be made, its restoration to the original condition plus any damages shall be charged to the Hirer. Repairs at a garage or the replacement of parts may only be carried out with the prior express written authorisation of the Owner. No repair expense shall be reimbursed unless the Owner has given prior consent and accepted the quotation and the garage carrying out the repair. Where there is no such express written consent, payment of the said expenses, both for the garage and for parts, shall be the exclusive responsibility of the Hirer.

8. Use of the Vehicle: It is imperative that the Hirer carries a copy of the rental agreement and the municipal permit, displaying them visibly on the vehicle’s dashboard. By legal requirement, the rental details, such as model, registration number, rental period and place of residence or accommodation, must be visible on the dashboard. Failing this, the customer shall bear any penalty and the administration charges provided for in clause H.2.

B. BOOKINGS

1. Bookings refer to vehicle categories. A booking within a category does not guarantee the allocation of a specific model within that category.

2. For bookings with the STANDARD package, collection of the vehicle is strictly limited to the office hours established in point 5 of this section, as well as to the collection deadline indicated in the booking confirmation. In the case of STANDARD bookings, the collection deadline is 21:30 on the day booked. Under no circumstances shall this deadline be extended on account of delays or incidents beyond the company’s control, including, but not limited to, flight delays or cancellations, delays in baggage delivery, immigration controls, transport incidents or any other delay caused by third parties. Customers who do not present themselves physically at the agreed collection point before 21:30 shall automatically be considered a “No Show”. In such cases, the booking may be cancelled, the vehicle shall not be delivered and no right to any refund, compensation, modification or credit shall arise.

The exception relating to flight delays applies exclusively to PREMIUM bookings in which VIMA Rent a Car has expressly confirmed in writing a collection service outside normal office hours.

In order to arrange a night-time delivery, the customer must always give notice before 19:00. Otherwise, even if the booking is PREMIUM, delivery of the vehicle shall not be possible and the booking shall be marked as a “No Show”.

In the event of discrepancy between the General Terms and Conditions relating to delays and the limitations established for the STANDARD package, the conditions of the package contracted shall prevail in all cases. It is the customer’s exclusive responsibility to ensure their arrival within the permitted collection hours. VIMA Rent a Car accepts no liability for collections not made due to delays attributable to airlines or other third parties.

3. Cancellations must be made at least 48 hours before the start of the rental period. If a booking with “premium” insurance is cancelled between 48 and 24 hours beforehand, a charge of 50% of the rental amount shall apply. Cancellations made less than 24 hours beforehand shall incur a charge equivalent to 100% of the booking price. Bookings with the STANDARD package are non-refundable, non-modifiable and non-cancellable, save for the package upgrade provided for in clauses E.4 and E.6, which may in all cases be carried out prior to collection of the vehicle.

4. To cancel a booking of a Premium package, the Hirer must send an email to autos@vimarentacar.com attaching the booking confirmation and providing their bank details.

5. Office hours. VIMA Rent a Car’s normal office hours are from 08:00 to 21:30. Every reference contained in these General Terms and Conditions to office hours, to normal hours or to “out-of-hours” delivery or return shall be understood as referring to that time slot. VIMA Rent a Car may carry out deliveries and receptions of the vehicle outside those hours on the terms provided for in clauses E.8 and I.7.

6. Right of withdrawal. In accordance with article 103, letter l), of Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users), the right of withdrawal does not apply to vehicle rental agreements with a specific date or period of performance. Consequently, cancellations and modifications shall be governed exclusively by the provisions of point 3 of this section.

C. AUTHORISED DRIVERS, PERMITTED USES

1. On delivery of the vehicle the Hirer shall present a valid driving licence, together with an identity document valid for the rental of the said vehicle and in force in the country of rental. All required documents must be presented in physical format. Photocopies and photographs are not accepted. In the case of prepaid rate bookings, the Hirer shall present the means of payment used to make the booking. Should the Hirer fail to present such documents, the Owner shall terminate the rental agreement, without any compensation being due to the Hirer. The vehicle may only be driven by the Hirer, as well as by those persons named in the rental agreement. It shall be the Hirer’s responsibility to ensure that any driver holds a driving licence in force and valid for the countries in which the vehicle is used. At the Owner’s request, the Hirer shall list the persons authorised by them to drive the vehicle, stating in writing their first name, surname and address. This shall apply in particular where the authorities require the Owner to identify the driver who has committed an offence.

2. The vehicle may only be used on properly surfaced public roads. The Hirer’s signature on the Agreement shall be deemed acceptance of the general and particular conditions specified contractually. Should the Hirer use the vehicle in any of the following unauthorised ways, the Hirer shall be liable and answerable for any damage caused to the vehicle and to third parties, regardless of the type of insurance contracted. Accordingly, the Hirer shall pay the costs arising from any of the following cases. Unauthorised use includes, and is not limited to, the following cases cited by way of example:

• Participation in competitions.
• Illegal races.
• Driving without a licence or vehicle registration document, or without the Owner’s authorisation.
• Assignment of the vehicle to a third party.
• Pushing or towing any other vehicle.
• Driving in places which are not suitable for public transport, such as beaches, motor racing circuits, etc.
• Driving on unsurfaced roads.
• Negligent conduct in response to warning lights or warning signals on the vehicle’s instrument panel, which the Hirer declares to be aware of by signing this agreement.
• The transport of furniture or goods.
• The transport of animals in the vehicle.
• The transport of persons or goods which directly or indirectly involves a payment to the Hirer (for example, using the Vehicle as an illegal “Taxi”).
• The subletting of the vehicle.
• The transport of a number of persons or a quantity of luggage in excess of that authorised for the vehicle, according to the number of seat belts.
• Transport of luggage on top of the vehicle (fitting a roof rack to the vehicle is not authorised).
• Soiling or damaging the interior of the vehicle.
• Driving the vehicle in a state of fatigue or illness or under the influence of alcohol, medication or drugs.
• Reckless driving.
• Driving contrary to traffic regulations.
• Driving of the rented vehicle by a person not authorised in the agreement either as Hirer(s) or as additional driver(s).
• Use of the vehicle after the end of the rental period.
• Failure to carry a baby and/or child seat when travelling with children under 12 years of age or any person less than 135 centimetres in height.
• Smoking inside the vehicle is prohibited.
• Parking in areas not properly designated or signposted for that purpose.

3. It is expressly prohibited to take the vehicle off the island of Mallorca, as well as to embark or transport it on board a ship, ferry or any other means of transport, with or without a driver, and regardless of whether or not the vehicle actually leaves the island. In the event of breach, a cost of €1,500 shall apply plus the vehicle recovery expenses, which shall comprise the travel of personnel in accordance with clause D.14, the towing or transport of the vehicle, the tickets and charges for sea or air transport, parking or storage expenses and any other costs necessary for its return to the island of Mallorca. Furthermore, none of the insurance options offered by VIMA Rent a Car shall cover damage caused to the vehicle or to third parties during embarkation, transport or driving outside the island of Mallorca, the Hirer being liable for all of it.

4. The Hirer shall ensure that the vehicle’s load is correctly positioned and shall at all times respect the load and/or occupancy limits authorised for the vehicle. It is the Hirer’s responsibility to lock the vehicle properly when leaving it.

5. The Hirer shall be personally and jointly and severally liable for the persons who drive the vehicle during the rental.

6. Without prejudice to the Hirer’s liability towards third parties, should any of the circumstances provided for in points 1 to 3 arise, the Owner may terminate the agreement with immediate effect, as well as claim compensation for the damages, including loss of profit, which the breach in question has caused it.

7. The Hirer and the additional drivers must be at least 20 years old, must have held a driving licence for at least one year, and must compulsorily present a DNI (national identity document) or Passport, both documents being in force throughout the rental period, in physical format, legible, in good condition and accepted under Spanish law.

D. RENTAL CHARGES

1. The rental charges are those set out in the rental agreement. The minimum charge shall be that of a 12-hour rental. Unless a discount or special price has been agreed, the rental charges listed in the price tables displayed at any Vima Rent a Car office shall apply. In respect of drivers under 25 years of age or over 78 years of age, the surcharges provided for in clause D.17 shall apply. In respect of drivers who have held their driving licence for less than four years, specific rates or additional charges may apply.

2. The rental price does not include costs such as refuelling, petrol, processing costs, or the costs of delivery or collection of the vehicle away from a Vima station, nor the applicable taxes, unless specifically mentioned. Special prices, offers and discounts shall not apply if the Hirer is late in making payment. The Owner reserves the right to amend charges and discounts resulting from a manifest error or from incorrect data supplied by the Hirer.

3. As regards supplements or extras, such as mileage, child seats, telephone, navigation systems, airport charges, etc., these shall be invoiced on the basis of the rates in force at the time the booking is made. Where they have 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 at a place other than the delivery point, the provisions of clause I.7.a shall apply.

5. The Hirer, if collecting the car at Palma de Mallorca airport, shall pay the car park ticket in order to be able to exit it; this payment shall not be attributable to the company Vima Rent a Car.

6. Fuel policy. The fuel level with which the vehicle is delivered shall be expressly stated in the rental agreement and shall be measured in eighths of a tank. The Hirer undertakes to return the vehicle with the same fuel level as stipulated in the signed agreement, likewise measured in eighths. Should the vehicle be returned with a lower level, VIMA Rent a Car reserves the right to charge the amount of the missing fuel up to the level established in the agreement, plus the amount of the refuelling service, equivalent to €20. The return of the vehicle with a fuel level higher than that stipulated shall not give rise to any right to compensation, refund or discount.

7. VIMA Rent a Car reserves the right to impose charges of €190 on those customers who return the car in conditions of poor hygiene or dirtiness, including traces of vomit and excess sand. Material damage caused to the interior of the vehicle, including the upholstery, shall be assessed in accordance with Annex I and not in accordance with this clause.

8. VIMA Rent a Car reserves the right to impose charges of up to €250 on those customers who return the car with the loss or breakage of the portable navigator (navigation GPS) provided by VIMA Rent a Car. Tampering with the fleet geolocation device is governed by clause S.4.

9. VIMA Rent a Car reserves the right to impose charges of €500 on those customers who return the car with the loss or breakage of the child seats. Should the child seats be returned with vomit, excrement or any other type of dirt, a cost of €250 is established which shall be borne by the customer.

10. Punctuality in returning. A grace period of 15 minutes before and 15 minutes after the return time agreed in the rental agreement is established; a return effected within that period shall be deemed to have been made on time. Once the grace period has elapsed, VIMA Rent a Car reserves the right to charge €80 for each hour or part thereof of delay in returning the vehicle with respect to the time agreed in the rental agreement, up to a maximum of 24 hours of delay, after which the daily penalty provided for in clause D.12 shall apply instead, and not cumulatively, without prior notice and without express written authorisation confirmed by email from VIMA. Likewise, VIMA Rent a Car reserves the right to charge €80 for returns made outside the return time, place or procedure expressly agreed, including cases in which the vehicle is brought into the car park outside the authorised hours, without the express written authorisation confirmed by email from VIMA.

11. VIMA Rent a Car reserves the right to impose charges of up to €500 if there is evidence that smoking has taken place inside the rented vehicle.

12. Should the Hirer wish to extend the rental, in order for the extension of the agreement to be effective the Hirer must receive VIMA’s written authorisation by email, must have paid for the extension and must have signed the new rental agreement. Should any of these three requirements not be met, there shall be a penalty of €190 per rental day in addition to payment for the extension. No insurance shall cover any damage or deterioration caused to the vehicle in the event of a unilateral extension of the rental agreement.

13. Should the Hirer fail to pay the amounts corresponding to the damage caused to the vehicle during the rental period, or fail to comply with the obligation to provide the payment guarantees required, Vima Rent a Car reserves the right to immobilise or withdraw the vehicle or to terminate the rental agreement immediately, without any right to compensation, return or refund for the rental days not enjoyed, without prejudice to the exercise of all such legal actions as may be appropriate for the recovery of the sums owed.

14. Roadside assistance, travel expenses and fuel supply. Where, as a consequence of a breakdown, incident, immobilisation or any other circumstance not covered by the insurance contracted by the Hirer, VIMA Rent a Car has to send personnel, a tow truck or any other means of assistance, the Hirer shall pay travel expenses at the rate of €1.50 per kilometre. That amount shall apply to both the outward and the return journey, the kilometres being calculated in all cases from and to VIMA Rent a Car’s assistance base, located at Camí Vell de Llucmajor, 29, Polígono Sa Tapia, 07007 Palma, regardless of the office at which the agreement was formalised or the vehicle delivered, and of the place where the vehicle is located at the time of the incident. This amount is independent of and cumulative with the cost of the repair, the towing and any other expenses arising from the incident, as well as with the excess which may be applicable.

Roadside assistance service hours. VIMA Rent a Car’s roadside assistance service is provided exclusively between 9:00 and 20:00. Incidents reported outside those hours shall be attended to from 9:00 on the following day, without the delay in the provision of the service giving rise to any right to indemnity, compensation, refund, discount or extension of the agreement, and without affecting the right to the proportional refund provided for in clause N.5 where the incident is not attributable to the Hirer. During the waiting time for the assistance service, the amounts provided for in clause D.10 shall not accrue. The foregoing is without prejudice to the assistance to which the Hirer may be entitled under the compulsory third-party liability insurance or under cover contracted with third parties, as well as to recourse to the public emergency services where the situation so requires.

Running out of fuel. Driving the vehicle until the fuel runs out shall in all cases be deemed negligent use attributable to the Hirer, and is therefore not covered by any of the insurance options offered by VIMA Rent a Car, whatever the package contracted. In such a case, VIMA Rent a Car shall supply 20 litres of fuel, the cost of which shall be paid by the Hirer at the rate of €2.20 per litre, resulting in a charge of €44 in respect of the fuel supply service. That charge is independent of and cumulative with the travel expenses provided for in the preceding paragraph, which shall likewise accrue in this case, as well as with any other expense or damage arising from running out of fuel. In this case the refuelling service provided for in clause D.6 shall not additionally apply.

15. Loss, breakage or theft of keys. In the event of loss, breakage or theft of the vehicle keys, as well as in the event that they are left inside the vehicle, the Hirer shall pay a fixed amount of €600 in respect of the replacement of the key, its coding and the associated administration. That amount is not covered by the STANDARD or PREMIUM packages, unless the Hirer has contracted the EXTRA supplementary cover provided for in clause F.5, and is independent of and cumulative with the travel expenses provided for in clause D.14, which shall likewise accrue in this case, as well as with the key delivery service and any other expenses arising from the incident.

16. Mileage. VIMA Rent a Car’s rates include unlimited mileage. However, that unlimited mileage is understood as referring to normal and reasonable use of the vehicle, in keeping with the distances and usual mobility within the island of Mallorca, which may reach an indicative maximum of 200 kilometres per day on average over the whole of the rental period.

Should it be found, on the return of the vehicle, that the mileage notoriously and repeatedly exceeds that daily average, VIMA Rent a Car may consider that the vehicle has been put to one of the unauthorised uses provided for in clause C.2 — in particular subletting or the transport of persons or goods involving a payment to the Hirer — with the consequences provided for in clauses C.6 and F.4, without prejudice to the Hirer’s right to prove by any means admissible in law the use actually made of the vehicle.

17. Additional drivers and age surcharges.

1. The addition of each additional driver to the rental agreement shall have a cost of €7 per rental day and per driver.

2. The additional driver must be registered for the whole of the rental days contracted, it not being possible for them to be added for individual days or for parts of the rental period.

3. Where any of the drivers, whether the Hirer or an additional driver, is under 25 years of age or over 78 years of age, an additional surcharge of €15 per rental day and per driver shall apply. That surcharge is cumulative with the amount provided for in letter a), such that the addition of an additional driver falling within either of those age brackets shall give rise to a total amount of €22 per rental day (€7 in respect of the additional driver plus €15 in respect of the age surcharge). The age surcharge provided for in this letter does not entail the constitution of any additional guarantee or deposit, without prejudice to the guarantee corresponding to the JUNIOR category provided for in clause E.7.

4. The maximum number of additional drivers shall be three per rental agreement.

5. Every additional driver must meet the requirements established in clause C.7 and must be identified and registered in person in the rental agreement, presenting the documentation required in clause C.1. The addition of an additional driver once the rental has begun shall require the execution of the corresponding annex to the agreement at VIMA Rent a Car’s offices.

6. The driving of the vehicle by a person not registered in accordance with this section shall be deemed unauthorised use, with the consequences provided for in clauses C.2 and F.4.

18. Immobilisation penalty. Where the vehicle is immobilised or has to remain under repair as a consequence of damage, breakdowns or incidents attributable to the Hirer in accordance with these General Terms and Conditions, the Hirer shall pay a penalty of up to €350 for each calendar day on which the vehicle is not available to be rented out.

This penalty is a single one for all the cases provided for in these General Terms and Conditions. It shall accrue only once for each period of immobilisation, whatever the number of items of damage, heads of charge or clauses concurring, and replaces any other penalty for immobilisation, stoppage or loss of profit provided for in this document. It shall accrue only while the vehicle is actually immobilised or under repair, and VIMA Rent a Car shall evidence that period at the Hirer’s request.

E. DUE DATE, PAYMENT CONDITIONS AND GUARANTEES

1. Rental price and additional items

The rental price, as well as the supplements, additional services, limitations of liability, charges, delivery or return expenses, taxes and any other items contracted by the Hirer shall be due and payable in accordance with the conditions of the booking and these General Terms and Conditions.

Amounts which remain outstanding must be paid, at the latest, at the time of collection of the vehicle. However, where the company so requires, payment must be made beforehand by means of the banking link provided to the Hirer.

2. Accepted means of payment

VIMA Rent a Car accepts payments by VISA and MASTERCARD credit cards, as well as by debit cards which meet the requirements established in these conditions. Payment in cash at the destination, at the time of collection of the vehicle, 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.

Payments made by means of digital wallets shall not be accepted, including, among others, Apple Pay, Google Pay or equivalent systems. In all cases in which a card is required, it must be presented physically, its use through mobile devices, digital wallets or similar systems not being permitted.

3. Card and rental guarantee

As a guarantee for the rental, the Hirer must physically present a valid credit card, in force and meeting the requirements established by VIMA Rent a Car. The said card must necessarily be issued in the name of the Hirer themselves.

The card used to make payment for the booking must be the same as the physical card which the Hirer presents at the time of collection of the vehicle in order to constitute the rental guarantee. A different card shall not be accepted for the constitution of that guarantee.

Cards belonging to third parties shall not be accepted, either as a means of payment or as a rental guarantee.

The card intended to constitute the guarantee must be available at the time of formalising the agreement and may be used by VIMA Rent a Car to carry out such pre-authorisations, security deposits or charges as may be appropriate in accordance with the agreement, the booking and these General Terms and Conditions.

Likewise, VIMA Rent a Car shall carry out a pre-authorisation of €120 in respect of the fuel guarantee. That pre-authorisation shall be released once it has been verified that the vehicle has been returned with the same fuel level with which it was delivered, in accordance with the fuel policy applicable to the rental.

The pre-authorisation of €120 corresponding to the fuel guarantee shall be independent of any other pre-authorisation, security deposit or guarantee which may be applicable depending on the package contracted, the driver’s age or the particular conditions of the booking.

4. Cards not accepted as a credit card or as an ordinary guarantee

For the purposes of constituting the ordinary rental guarantee, cards issued by digital financial institutions or similar financial services shall not be considered valid credit cards, even where they are marketed as credit cards and operate under the VISA or MASTERCARD payment networks.

Likewise, prepaid cards, cards issued by digital financial institutions or equivalent products offered by similar financial services shall not be accepted as an ordinary guarantee card either, including, purely by way of example, Revolut, N26, Wise, bunq, Vivid Money, Monese, Nubank, Girocard and EC-Karte.

The above list is purely illustrative and is not limitative in nature. VIMA Rent a Car reserves the right to determine, having regard to the characteristics and nature of the financial product, whether a given card meets the requirements necessary to be accepted as a credit card and as an ordinary rental guarantee.

Where the Hirer has only a card which is not admissible as a credit card for the constitution of the ordinary guarantee and wishes to proceed with the rental, they may make use, exclusively where they have contracted or upgraded their booking to the PREMIUM package, of the option known as “Delivery without a credit card”, provided that the card presented is issued in the name of the Hirer themselves.

In order to make use of this option, the Hirer must:

1. physically present the card for identification and recording in the agreement;

2. accept a pre-authorisation or security deposit of €600 by way of guarantee; and

3. pay a supplement of €5 for each day of the booking, in respect of “Delivery without a credit card”.

Customers who have contracted the STANDARD package and do not have a valid credit card to constitute the ordinary guarantee must first upgrade their booking to the PREMIUM package, paying the corresponding upgrade supplement. In addition, they must pay the supplement of €5 per day of the booking corresponding to the “Delivery without a credit card” option and accept a pre-authorisation or security deposit of €600 by way of guarantee.

The contracting of the “Delivery without a credit card” option does not modify, replace or eliminate the remaining conditions applicable to the rental, nor the guarantees, security deposits, pre-authorisations or additional charges which may be applicable depending on the driver’s age, the package contracted or any other circumstance provided for in these General Terms and Conditions.

5. Customers with the PREMIUM package

Customers who have contracted the PREMIUM package and meet the requirements established by VIMA Rent a Car shall not be subject to the constitution of a security deposit corresponding to the excess, unless the particular conditions of the booking expressly provide otherwise.

This exemption relates exclusively to the security deposit corresponding to the excess and does not affect other guarantees, pre-authorisations, security deposits or charges which may be applicable on other grounds, including the fuel guarantee, the JUNIOR category or any other item provided for in these General Terms and Conditions.

PREMIUM customers who do not have a valid credit card may make use of the “Delivery without a credit card” option, on the conditions established in section 4.

6. Customers with the STANDARD package

Customers who have contracted the STANDARD package must present a physical VISA or MASTERCARD credit card, valid, in force and issued in the name of the Hirer themselves, for the purpose of constituting the guarantee corresponding to the rental.

The ordinary guarantee applicable to the STANDARD package shall be €1,200. Where the duration of the rental is 7 days or less, that guarantee shall be constituted by means of a pre-authorisation; where it is longer than 7 days, VIMA Rent a Car may request that it be paid in advance as a security deposit by means of a payment link. This guarantee is independent of any other which may be applicable by reason of the driver’s age, the services contracted or the particular conditions of the booking.

STANDARD customers who have only a debit card, or any other card which does not meet the requirements established for the constitution of the ordinary guarantee, may not receive the vehicle under the conditions of the STANDARD package.

In order to be able to proceed with the rental, they must first upgrade their booking to the PREMIUM package and contract the “Delivery without a credit card” option, paying the corresponding supplement of €5 for each day of the booking, in addition to the guarantee established for that option.

Under no circumstances may the upgrade from the STANDARD package to PREMIUM be requested or carried out once the rental has begun or during the period of use of the vehicle. The only possibility of carrying out that upgrade shall be before collecting the vehicle, at VIMA Rent a Car’s desk, on the customer’s arrival in Mallorca.

7. JUNIOR drivers (20-24 years of age)

Where the driver is subject to the conditions corresponding to the JUNIOR category, an additional guarantee of €350 must be constituted.

Where the duration of the booking is 7 days or less, that guarantee may be constituted by means of a pre-authorisation of €350.

Where the duration of the booking is longer than 7 days, the €350 must be paid as a security deposit by the means of payment indicated or enabled by VIMA Rent a Car.

The guarantee corresponding to the JUNIOR driver shall be additional to and independent of the guarantee corresponding to the package contracted. Accordingly:

• 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 particular conditions of the booking expressly provide otherwise.

8. Collection outside normal hours

Collection of the vehicle outside the office hours established in clause B.5 shall be subject to the supplements, requirements and conditions established by VIMA Rent a Car for the out-of-hours service, the amount of which shall be notified to the Hirer prior to its contracting and shall be recorded in the booking confirmation or in the rental agreement.

VIMA Rent a Car may require the prior payment of certain amounts where this is necessary in order to be able to deliver the vehicle outside normal hours.

The customer must first complete all the procedures of identification, documentary verification, acceptance of the conditions and payment which VIMA Rent a Car has established as requirements for out-of-hours delivery.

Failure to comply with any of these requirements may prevent delivery of the vehicle until they have been duly completed.

9. Authorisation of charges

By accepting these General Terms and Conditions and formalising the rental agreement, the Hirer expressly authorises VIMA Rent a Car to make the corresponding charges for any amount legitimately arising from the rental agreement to the card provided, in accordance with the conditions of the booking and these General Terms and Conditions.

The charges may comprise, among others: outstanding rental amounts; the deposit; supplements or additional services; fuel; damages caused to the vehicle; excesses or amounts payable by the customer; special cleaning; vehicle recovery expenses; parking expenses; fines, penalties or administrative expenses arising from them; delays or returns effected outside the conditions contracted; loss of or damage to accessories, equipment or documentation; administration charges; and any other amount provided for in the agreement or in these General Terms and Conditions.

The Hirer must ensure that the card provided remains valid and has sufficient funds or credit limit to meet the amounts which may become payable.

10. Insufficient funds and non-payment

In the event that an authorised charge cannot be made owing to insufficient funds or available limit, blocking, cancellation, expiry or any other circumstance relating to the card provided, VIMA Rent a Car may require the Hirer to make payment by bank transfer, payment link or another means of payment enabled by the company.

The Hirer must pay the amount claimed within the period indicated by VIMA Rent a Car.

Delay in payment may give rise to default interest, collection expenses and such other costs as may be legally payable.

VIMA Rent a Car reserves the right to claim, judicially or extrajudicially, any amount outstanding, as well as the expenses legally arising as a consequence of such a claim.

11. Return and release of the guarantees

Once the vehicle has been returned, VIMA Rent a Car shall check its general condition, fuel level, accessories, documentation and compliance with the conditions of the agreement, as well as the existence of any damage, incidents or amounts outstanding.

Where there are no outstanding amounts or incidents justifying the total or partial application of the guarantee, VIMA Rent a Car shall proceed to release or refund it, according to the means by which it was constituted.

Where the guarantee has been constituted by credit card, the maximum period of blocking shall be 30 working days from the return of the vehicle, without prejudice to the additional period which the issuing bank may require in order to make the release effective.

Where the guarantee has been constituted by debit card, the maximum period for making the refund shall be up to 30 days from the return of the vehicle, without prejudice to the additional periods which the relevant bank may require.

The refund shall generally be made by the same means of payment used to constitute the guarantee.

In the event that, for technical, operational or banking reasons, it is not possible to make the refund to the same means of payment, VIMA Rent a Car shall issue a voucher valid for 6 months.

F. INSURANCE

1. The rented vehicle has compulsory Third-Party Liability insurance with maximum cover of 50 million euros.

2. The vehicle’s cover for own damage by theft, fire and force majeure shall be that corresponding to the insurance option contracted by the Hirer in accordance with point 5 of this section.

3. Excess. The excess applicable to each rental shall be that corresponding to the insurance option contracted and shall be expressly stated, together with its amount, in the booking confirmation and in the rental agreement signed by the Hirer. The guarantees, security deposits and pre-authorisations associated with that excess are exclusively those provided for in section E of these General Terms and Conditions.

4. Insurance cover shall be excluded, whatever the option contracted, in incidents in which any of the following circumstances concur:

   1. that the vehicle was being driven by a person not authorised in the agreement, either as Hirer or as additional driver;

   2. that the driver did not hold a driving licence in force and valid in Spain;

   3. that the driver did not meet the requirements as to age and length of holding of the driving licence provided for in clause C.7;

   4. that the vehicle was used in contravention of the provisions of clauses C.2, C.3 and C.4, relating to unauthorised uses, the prohibition on taking or transporting the vehicle off the island and load and occupancy conditions;

   5. that any of the cases provided for in clause F.6 concurred, relating to reckless, negligent or imprudent driving and to driving under the influence of alcohol or drugs;

   6. that the Hirer failed to comply with the obligations of notification and provision of documentation provided for in clauses F.7 and G.2;

   7. that the vehicle was used after the end of the rental period or during an extension not authorised in accordance with clause D.12.

In the above cases, the Hirer shall be liable for all the damage caused to the vehicle and to third parties, without limit or excess, regardless of the insurance package contracted.

5. Insurance options. VIMA Rent a Car offers two insurance packages —STANDARD and PREMIUM— and a supplementary cover known as EXTRA, which may be contracted on top of either of them. The package contracted and, where applicable, the contracting of the EXTRA cover shall be expressly recorded in the rental agreement.

Exclusions common to both packages. Regardless of the package contracted, neither of them includes:

1. Roadside assistance, which is governed by clause D.14.
2. The replacement vehicle, in accordance with section N.
3. The key delivery service.
4. The expenses arising from refuelling with the incorrect fuel, which are governed by clause F.8.
5. Damage to or breakage of the clutch.
6. The loss, breakage or theft of the keys, which is governed by clause D.15, unless the EXTRA cover has been contracted.
7. The fine administration charges provided for in clause H.2, unless the EXTRA cover has been contracted.

The “STANDARD” package additionally does not include:

1. Expenses arising from damage to wheels, tyres or rims.
2. Expenses arising from the breakage or theft of the aerial.
3. Expenses arising from the breakage of windows or glass.
4. Damage caused to the bodywork of the vehicle.

The “PREMIUM” package does not provide for any exclusions additional to the common ones listed above.

“EXTRA” supplementary cover. The EXTRA cover may be contracted on top of either the STANDARD or the PREMIUM package and covers exclusively the following two items:

1. The loss, breakage or theft of the vehicle keys, on the terms of clause D.15.
2. The fine administration charges provided for in clause H.2.

The contracting of the EXTRA cover shall have a cost of €2 per rental day. The EXTRA cover does not in any other respect extend the cover of the package on top of which it is contracted, does not replace it and does not include the key delivery service, which shall be payable in all cases.

6. No insurance or rate includes or covers damage to the vehicle arising from reckless driving, driving under the influence of alcohol or drugs, or driving off public roads or on unsurfaced roads. Nor is damage caused by reckless, negligent or imprudent driving covered in any case (for example: driving while using a mobile phone, distractions at the wheel and other actions penalised under the traffic regulations in force in Spain). If the vehicle is immobilised or damaged by reckless or imprudent driving, driving under the influence of alcohol or drugs, or driving off public roads or on unsurfaced roads, the immobilisation penalty provided for in clause D.18 shall apply, in addition to the damage caused to the vehicle and the costs arising from the accident to the vehicle itself and to third parties.

7. All damage or deterioration caused to the vehicle or to third parties must be notified to VIMA Rent a Car by email to autos@vimarentacar.com within the periods provided for in clause G.2. All damage caused to the vehicle which is not notified by this method shall not be covered by any of the insurance packages or by the EXTRA supplementary cover and shall be borne by the Hirer. It is essential to send an email detailing the causes of the accident, as well as to attach photographs of it. Should the accident be the result of a collision with another vehicle, it is essential to present a duly completed European accident statement form in order for any insurance option to cover the damage or deterioration. Should it not be possible to identify the other vehicle or driver because it has fled the scene or because the Hirer was not present at the time of the events, the Hirer must lodge a report with the competent authority and present a copy of it to VIMA RENT A CAR S.L. Any damage or deterioration caused to the vehicle or to third parties in respect of which the required documentation (accident statement form or police report) is not presented shall not be covered by any insurance.

8. Breakdown due to incorrect fuel: If the vehicle suffers a breakdown due to refuelling with incorrect fuel, the Hirer shall bear the expenses of draining the tank, refuelling with the appropriate fuel, any repairs and travel (€1.50 per kilometre outward and €1.50 per kilometre return) from VIMA Rent a Car’s assistance base, located at Camí Vell de Llucmajor, 29, Polígono Sa Tapia, 07007 Palma.

9. Under no circumstances and under no insurance is damage and deterioration caused inside the vehicle covered. The Hirer shall bear all the costs caused to the interior of the vehicle, without prejudice to the immobilisation penalty provided for in clause D.18.

10. Cover of insurance contracted through intermediaries: Insurance purchased through intermediaries shall not entail cover with VIMA. It shall be the customer’s responsibility to arrange any possible refund with the additional company contracted.

11. VIMA reserves the right to cancel the delivery of the vehicle in the event of well-founded doubts as to the customer’s financial capacity or by reason of the customer’s history of non-payment or serious incidents with VIMA.

12. No refund shall be issued in the event of failure to collect the vehicle (No-Show) or cancellation after the scheduled collection time. No refunds or credits shall be issued for unused rental days once the vehicle has been rented where the cause is attributable to the Hirer, including cases of late collection, early return and, in general, any other case of early termination of the agreement attributable to the Hirer, all of the foregoing on the terms of sections M and N.

13. No insurance or rate includes the breakage, theft or loss of vehicle components such as aerials, windscreen wipers, tank caps, wheel trims, boot floors, warning triangles, portable navigator, vests, child seats, etc.

G. ACCIDENTS / THEFT / OBLIGATION TO REPORT

1. In the event of an accident, theft, fire, damage caused by natural forces, and in general in any case of damage, the Hirer shall do everything appropriate to protect the Owner’s interests. In particular, the Hirer shall immediately report the matter to the police where an offence has been committed, if there are injured persons or if the fault of those involved has to be investigated.

2. In the event of an accident, the Hirer shall complete the standard European accident statement form which they will find among the vehicle’s documentation and shall notify the Owner of the accident within a period of no more than 24 hours, by means of a copy of the form, the original of which shall be delivered within a maximum period of two days. If the other party refuses to sign a European accident statement form, the Hirer shall request the presence of the police. In addition, the Hirer must:

• Describe the accident concisely and precisely and, where applicable, note the names of the witnesses.
• Not prejudge or acknowledge any liability for the accident.
• Not leave the Vehicle without taking appropriate measures to protect it against further damage, leaving it locked and not obstructing traffic.
• Immediately inform VIMA Rent a Car of the incident, calling +34 971 645 353 and giving notice by email to autos@vimarentacar.com with all the documentation.

In the event of an accident or criminal act, the Owner shall not provide the Hirer with another rental vehicle, in accordance with the provisions of section N. In this situation the Agreement shall be deemed to have ended between the two parties, Owner and Hirer, and the Hirer shall pay all the expenses arising from the Agreement to the Owner, without prejudice to the provisions of clause N.5 where the incident is not attributable to the Hirer.

3. Otherwise, in any case of damage to the vehicle, the Hirer shall draw up and deliver to the Owner a report describing such damage.

4. The accident and/or damage reports referred to in the preceding points shall be completed fully and with the greatest possible detail, both as regards the damage and as regards the circumstances in which it occurred.

5. An incident affecting the vehicle shall in no case entail an obligation on the Owner to make a replacement vehicle available, in accordance with the provisions of section N.

H. LIABILITY OF THE HIRER

1. The Hirer receives the vehicle in proper condition of maintenance and bodywork, free from defects, save for such observations as may be made on receiving the vehicle. The Hirer shall return it in the same condition. The Hirer is liable to the Owner for any damage to or theft of the vehicle, as well as, in general, for loss arising from contractual breaches, save for the limitations of liability which the Hirer contracts, in addition to whatever results from applying the legal provisions in force in respect of matters not regulated in these conditions.

2. Furthermore, the Hirer shall be liable without limitation for the breach of any of the statutory provisions committed during the term of the agreement, in particular for traffic offences. A sum of up to €50 shall be invoiced for the administration of fines attributable to the driver, unless the Hirer has contracted the EXTRA supplementary cover provided for in clause F.5.

3. The limitation of liability contracted shall not cover damage caused to the interior of the vehicle, damage caused by reason of incorrect refuelling or damage to the engine; nor damage to glass and mirrors, or to the tyres, unless the corresponding insurance has been contracted, nor damage to the underside or roof of the vehicle, as well as the cost resulting from the loss of or damage to the vehicle key, which shall be governed by the provisions of clause D.15.

4. In the event of a breakdown or accident outside the agreed rental period: Once the contractual relationship between the Hirer and the Owner (hereinafter, the Parties) has ended, the Hirer shall be liable for 100% of the payment for the repairs and expenses caused to the Vehicle, in addition to the immobilisation penalty provided for in clause D.18.

5. Traffic offences: The Hirer shall be responsible for the payment of fines during the rental period. The Hirer shall inform the Owner of any fine imposed on the Vehicle or the driver during the rental period. The Owner shall pass on the notification and fine administration charges on the terms provided for in clause H.2. The payment of fines is not included in any of the cover that may be contracted. In the event that the authorities impound the Vehicle by reason of an act or omission on the part of the Hirer, whatever the cause, the Hirer shall be liable and shall indemnify the Owner for all the expenses incurred for that reason, in addition to the immobilisation penalty provided for in clause D.18.

6. Tolls, charges and parking expenses. Tolls, road tax charges, charges for access to low-emission or restricted-traffic zones, parking expenses and, where applicable, the cost of the removal of the vehicle by the municipal tow truck and its storage, as well as the associated administration charges, shall be borne by the Hirer, provided that they have accrued during the rental period. VIMA Rent a Car shall pass on such amounts to the Hirer in accordance with clause E.9, enclosing the corresponding supporting document.

I. RETURN OF THE VEHICLE

1. The rental agreement shall have the duration initially agreed, at the end of which the vehicle must have been returned. However, it may be extended on the terms and subject to the requirements provided for in clause D.12, which the Hirer must request at least three days in advance.

2. The Hirer is obliged to deliver the vehicle, the keys, documentation and accessories at the agreed place and before the expiry of the term contracted. The Hirer shall do so within the office hours established in clause B.5, unless the provisions of point 7 of this section apply.

3. Special rates shall apply only for the periods specified in the offer.

4. It is the Hirer’s responsibility to ensure the delivery of the vehicle at the agreed place. Delay in returning is governed exclusively by clauses D.10 and D.12.

5. The Hirer shall return the vehicle, the keys, the documentation and the accessories in the same condition in which they were delivered.

6. Lost property: The Hirer shall empty the Vehicle of their personal effects. The Owner accepts no liability for any object found in the Vehicle. Without prejudice to this, any object found in the Vehicle may be sent to the Hirer upon express written request to autos@vimarentacar.com. In this case the Owner shall charge a fee for arranging the dispatch of the objects in addition to the costs inherent in sending them, which shall be borne in full by the Hirer.

7. Return outside office hours.

   1. Place of delivery and return. The delivery and the return of the vehicle take place at Parking G of Palma de Mallorca airport, unless another place has been expressly agreed in the rental agreement.

   In the event that the vehicle is left in a space, level or car park other than that indicated but within the airport precinct, VIMA Rent a Car shall apply a vehicle recovery fee of €150.

   In the event that the vehicle is left outside the airport precinct, the vehicle recovery fee shall be €250, to which the travel expenses provided for in clause D.14 shall be added, calculated from and to VIMA Rent a Car’s assistance base.

   In both cases, any parking, storage or removal expenses which have accrued shall likewise be borne by the Hirer, in accordance with clause H.6. The vehicle shall not be deemed returned until it has actually been located and received by VIMA Rent a Car’s personnel, the amounts provided for in clause D.10 accruing in the meantime.

   Where the Hirer leaves the vehicle in a place the use of which VIMA Rent a Car had expressly refused, a charge of €800 shall apply, even where the Hirer had given prior notice of their intention to leave it in that place and/or had handed over the keys. That charge replaces the recovery fees provided for in the preceding paragraphs and is cumulative with the travel expenses of clause D.14, with the parking, storage or removal expenses of clause H.6 and with the amounts accruing in accordance with clause D.10 until the vehicle is actually received.

   The provisions of this section are without prejudice to the provisions of clause A.6 where the vehicle is deemed abandoned, and of clause C.3 where the vehicle is outside the island of Mallorca.

   2. Rates for return outside office hours. The return of the vehicle outside the office opening hours is subject to the prior payment of the following supplement:
   • returns between 21:31 and 06:30: €39;
   • returns between 06:31 and 07:59: €29.

   3. Failure to pay the supplement in advance. The supplement provided for in the preceding paragraph must be paid prior to the end of the rental agreement. The return of the vehicle within those time slots without having previously paid the corresponding supplement shall give rise to a penalty of €80 in accordance with clause D.10. The mere notification by the Hirer of their intention to return the vehicle within those time slots, without the actual payment of the supplement before the end of the agreement, does not exempt them from payment of the said penalty of €80, which shall apply in substitution for, and not cumulatively with, the unpaid supplement.

   4. In all cases, the Hirer shall park the vehicle locked within the car park indicated by VIMA Rent a Car, leave the documentation and the accessories inside the vehicle and deposit the keys in the letterbox provided for that purpose, stating in writing the space in which it has been parked. Under no circumstances shall the Hirer hand the keys to an unauthorised person or leave them inside the vehicle; should they do so, the provisions of clause D.15 shall apply.

   5. The Hirer shall continue to be responsible for the vehicle, its accessories and any damage, loss or theft which may occur until such time as VIMA Rent a Car’s personnel actually receive the vehicle and carry out the check of its condition, which shall take place on the following working day within opening hours.

   6. The Hirer expressly accepts that the check of the condition of the vehicle be carried out by VIMA Rent a Car’s personnel without their presence, a copy of the resulting report being sent to the email address provided in the agreement, in accordance with the procedure of section P.

   7. The rental shall be invoiced up to the return date and time agreed in the agreement, without an out-of-hours return duly authorised giving rise in itself to additional rental days. If the vehicle is deposited after that date and time, clause D.10 shall apply.

   8. VIMA Rent a Car recommends that the Hirer take photographs of the vehicle, the odometer and the fuel level at the time of deposit.

J. RIGHTS OF THE HIRER

If for reasons beyond our control we do not have the model of car rented available, 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. The provisions of this section relate exclusively to the replacement of the model booked prior to the delivery of the vehicle and are not applicable, under any circumstances, once the rental has begun, in accordance with the provisions of section N.

K. DATA PROTECTION

1. In accordance with the provisions of the legislation in force on the Protection of Personal Data, we inform you that your data will be incorporated into the processing system owned by VIMA RENT A CAR SL, CIF B07657620, with registered office at C/ LA MARINA 25, 07659, CALA FIGUERA (MALLORCA) (ILLES BALEARS), for the purpose of managing the rental of the vehicle. In compliance with the legislation in force, VIMA RENT A CAR SL informs you that the data will be retained for THE LEGALLY ESTABLISHED PERIOD.

2. We likewise inform you that the processing mentioned in the preceding paragraph is legitimised by the satisfaction of the legitimate interest of VIMA RENT A CAR SL.

3. We likewise inform you that the processing indicated in the preceding paragraph is required for the performance of the contract between you and our company.

4. By means of this clause you are informed that your data will be communicated, where necessary, to: public administrations and all those entities with which communication is necessary for the purpose of complying with the provision of the service referred to above.

5. The failure to provide the data to the entities mentioned means that the provision of the services which are the subject matter of this contract cannot be complied with.

6. VIMA RENT A CAR SL informs you that it will process the data in a lawful, fair, transparent, adequate, relevant, limited, accurate and up-to-date manner. For this reason, VIMA RENT A CAR SL undertakes to adopt all reasonable measures to ensure that such data is erased or rectified without delay where it is inaccurate.

7. Communication to the traffic authorities. In compliance with the provisions of the traffic and road safety legislation, VIMA RENT A CAR SL, in its capacity as registered keeper of the vehicle, is obliged to identify to the competent authorities the driver responsible for the offences committed during the rental period, communicating for that purpose the identifying details of the Hirer or of the relevant authorised driver.

L. RESPECT FOR STAFF

1. VIMA Rent a Car guarantees its staff a working environment free from violence and requires from the Hirer, the additional drivers and any person accompanying them respectful treatment in all their communications and dealings, whether in person, by telephone, in writing or by any electronic means.

2. Any insult, disparagement, degrading treatment, threat, intimidation, assault or discriminatory behaviour directed at VIMA Rent a Car’s staff shall entitle the company, at its sole discretion and without the need for prior notice, to:

   1. refuse delivery of the vehicle, even where the booking has been confirmed and paid for; and/or

   2. terminate the rental agreement with immediate effect and proceed to withdraw the vehicle, wherever it may be located.

3. In either of these cases, the Hirer shall have no right to any return, indemnity, compensation or payment for the rental days not enjoyed, without prejudice to VIMA Rent a Car’s right to claim the damages caused, to pass on the vehicle withdrawal expenses in accordance with clause D.14 and to exercise all such legal actions as may be appropriate.

4. VIMA Rent a Car likewise reserves the right to refuse future bookings or rentals to those who have engaged in the conduct described in this section.

M. ACCIDENT ATTRIBUTABLE TO THE HIRER AND DAYS NOT ENJOYED

1. For the purposes of this section, an accident, damage or immobilisation attributable to the Hirer shall be deemed to be any which arises from the driving of the Hirer or of any authorised driver, from an unauthorised use of the vehicle in accordance with section C, from imprudent or negligent driving in accordance with clause F.6, or from the breach of any of the obligations assumed under this agreement.

2. Where, as a consequence of an accident, damage or immobilisation attributable to the Hirer, the vehicle is put out of service and the agreement is terminated in accordance with clause G.2, the Hirer shall have no right to any return, refund, indemnity, compensation, voucher or payment for the rental days not enjoyed, whatever the insurance package contracted and regardless of the number of days outstanding.

3. The foregoing is without prejudice to, and cumulative with, the Hirer’s obligation to pay for the damage caused to the vehicle and to third parties, the applicable excess, the immobilisation penalty provided for in clause D.18, the travel and vehicle withdrawal expenses in accordance with clause D.14 and any other expenses arising from the incident.

N. ABSENCE OF A REPLACEMENT VEHICLE

1. VIMA Rent a Car shall under no circumstances provide a replacement vehicle. The service contracted is limited to the vehicle delivered to the Hirer at the start of the rental.

2. Consequently, whatever the cause by which the vehicle becomes immobilised, broken down, damaged, stolen or in any other way out of service during the rental period, and whatever the insurance package contracted, the Hirer shall have no right to demand the delivery of another vehicle, or the extension of the agreement, or the provision of any alternative service.

3. None of the insurance packages offered by VIMA Rent a Car —STANDARD or PREMIUM— nor the EXTRA supplementary cover includes the making available of a replacement vehicle.

4. The provisions of this section are without prejudice to the provisions of section J, relating to the replacement of the model booked prior to the delivery of the vehicle, which shall continue to apply on its own terms.

5. Where the vehicle is put out of service for a cause not attributable to the Hirer or to the authorised drivers, the agreement shall terminate and the Hirer shall be entitled to the return of the proportional part of the price corresponding to the rental days not enjoyed, without any additional indemnity being due.

O. CLASSIFICATION OF INCIDENTS AND EVIDENCE

1. Definition. A breakdown of the vehicle shall be understood as the mechanical, electrical or electronic failure which prevents its use and which does not arise from the use or handling of the vehicle by the Hirer or by the authorised drivers.

2. The following shall not be deemed a breakdown, but rather an incident attributable to the Hirer, by way of illustration and without limitation:

   1. The discharge of the battery as a result of having left the lights, the air conditioning, the sound system, the key in the ignition or any other electrical consumption switched on with the engine off.

   2. Running out of fuel.

   3. Refuelling with the incorrect fuel.

   4. The loss, breakage or theft of the keys, as well as leaving them inside the vehicle.

   5. Damage to tyres, rims or the underside arising from impact against kerbs, potholes or obstacles, or from driving on unsurfaced roads.

   6. The breakage of windows, mirrors or bodywork by impact.

   7. The activation of the immobiliser or of the security systems by tampering or improper use.

   8. Any other incident arising from the breach of the obligations of section A or from the unauthorised use provided for in section C.

3. Objective verification criterion. Where, following the assistance intervention, the vehicle resumes its normal operation without the need for mechanical repair, replacement of parts or transfer to a garage —in particular by means of a jump start of the battery, refuelling, tyre change or delivery of a spare key— it shall be deemed established that there was no breakdown of the vehicle and that the incident is attributable to the Hirer.

4. Evidence. The assistance personnel shall issue an intervention report in which the date and time, the mileage, the cause identified, the action taken and the result shall be recorded, accompanied by photographic evidence and, where appropriate, by the reading of the vehicle’s ECU. The Hirer shall be offered the opportunity to sign the report and a copy shall be sent to them by email. The Hirer’s refusal to sign it shall be recorded in the report itself and shall not affect its validity.

5. The Hirer may prove by any means admissible in law that the incident arises from a breakdown of the vehicle within the meaning of point 1, in which case they shall be released from the charges provided for in clauses D.14 and M.

6. Assessment of damage. Damage caused to the vehicle which is not covered by the insurance package contracted shall be assessed in accordance with the damage scale set out as Annex I to these General Terms and Conditions, likewise available at VIMA Rent a Car’s offices and on its website.

   The amounts in the damage scale include parts, labour, paint and applicable VAT. The scale of levels applies exclusively to table 1 of Annex I, the columns of which already incorporate the corresponding surcharges, no additional increase being applicable on top of them. The amounts in tables 2 to 6 are fixed and do not admit of any surcharge by level.

   Damage not contemplated in the damage scale shall be assessed in accordance with a garage quotation or expert valuation, a copy of which shall be provided to the Hirer together with the communication provided for in clause P.1.

   The amounts in the damage scale comprise the full cost of the repair. The immobilisation penalty is governed exclusively by clause D.18 and shall accrue only once per period of immobilisation, whatever the number of items of damage concurring.

P. ASSESSMENT AND CLAIM FOR DAMAGE AFTER THE RETURN

1. Where, following the return of the vehicle, VIMA Rent a Car identifies damage, shortages or incidents not noted at the time of delivery, it shall notify this to the Hirer by email addressed to the address provided in the agreement, within a maximum period of 7 calendar days from the return.

2. That communication shall include the description of the damage, the corresponding photographic evidence, the breakdown of the costs and the method used to calculate them.

3. The Hirer shall have a period of 14 calendar days from receipt of the communication to submit representations addressed to autos@vimarentacar.com.

4. Once that period has elapsed without representations having been submitted, or once these have been resolved, VIMA Rent a Car may apply the corresponding charge in accordance with clause E.9 and shall proceed to release the remainder of the guarantee in accordance with clause E.11.

5. The damage shall be assessed in accordance with the amounts expressly provided for in these General Terms and Conditions where a set amount exists and, failing that, in accordance with a garage quotation or valuation, a copy of which shall be provided to the Hirer together with the communication provided for in point 1.

Q. FORCE MAJEURE

1. Concept. For the purposes of these General Terms and Conditions, force majeure shall be understood as any event beyond the reasonable control of the affected party, unforeseeable or which, having been foreseen, was unavoidable, and which objectively prevents the performance of its obligations, such as natural disasters, extreme weather phenomena, fires, epidemics, wars, terrorist attacks, riots, general strikes, interruptions of supply or communications, governmental restrictions or the closure of port or airport infrastructure.

2. The party affected by an event of force majeure shall not be liable for the breach of its obligations for as long as that circumstance persists, and shall notify the other party as soon as possible and provide documentary evidence of it.

3. Excluded circumstances. The following shall not be deemed force majeure for the purposes of these General Terms and Conditions: circumstances affecting the means of transport, the travel or the travel plans of the Hirer and their companions, and in particular the delay, cancellation or missing of flights, whatever their cause, including weather conditions; delays in baggage delivery; border or immigration controls; incidents in land or sea transport; illness, accident, surgery, hospitalisation or any other medical cause affecting the Hirer, the additional drivers, their companions or third parties; supervening work, professional or family commitments; a change of plans or the failure of the Hirer or their companions to appear; and, in general, any other analogous circumstance affecting the personal, family, work or organisational sphere of the Hirer, of their companions or of third parties connected with their trip. Such circumstances fall within the sphere of organisation and risk of the Hirer themselves and shall not affect the regime of collection, cancellations and No-Show provided for in section B, nor shall they give rise to any right to refund, compensation, modification or credit.

4. Where an event of force majeure prevents VIMA Rent a Car from delivering the vehicle, VIMA Rent a Car shall notify the customer as soon as possible and shall refund the amounts paid corresponding to the service not performed, without any additional indemnity being due.

5. The Hirer is recommended to take out cancellation or travel assistance insurance covering the circumstances listed in point 3, cover which is unconnected with VIMA Rent a Car and must be arranged directly with the corresponding insurance company.

R. CUSTOMER SERVICE, COMPLAINTS AND DISPUTE RESOLUTION

1. The Hirer may address any enquiry, complaint or claim to autos@vimarentacar.com or to the telephone number +34 971 645 353. VIMA Rent a Car shall acknowledge receipt of it and shall issue a reply within a maximum period of one month.

2. VIMA Rent a Car makes available to customers official complaint forms, in accordance with Decreto 46/2009, de 10 de julio, sobre las hojas de reclamación o denuncia en materia de consumo de las Illes Balears (Decree 46/2009 of 10 July, on complaint or denunciation forms in consumer matters in the Balearic Islands). Such forms may be requested both at VIMA Rent a Car’s office and at its vehicle delivery and return points, where the staff responsible for the delivery and receipt of the vehicle carry them with them at the customer’s disposal, as well as through the email address autos@vimarentacar.com, in which case they shall be sent to the customer immediately.

3. These General Terms and Conditions and the rental agreement are governed by Spanish law. For the resolution of any dispute arising from them, the parties submit to the Courts and Tribunals of Palma de Mallorca, without prejudice to the jurisdiction legally corresponding to the Hirer where they have the status of consumer.

S. FLEET GEOLOCATION

1. Certain vehicles in VIMA Rent a Car’s fleet may be equipped with a geolocation system (GPS). Where this is the case, it shall be expressly recorded in the rental agreement, and the device shall remain active from the moment of delivery of the vehicle and throughout the term of the agreement.

2. The location data shall be processed by VIMA RENT A CAR SL, on the legal basis of the legitimate interest in the protection of its assets and in the verification of compliance with the agreement, and shall be consulted only in the following cases: alert of disconnection or tampering with the device; failure to return the vehicle on the date and at the time agreed; well-founded suspicion of theft or robbery; roadside assistance requested by the Hirer; and verification of compliance with the geographical or use conditions agreed in the agreement, in particular the prohibition provided for in clause C.3.

3. The location data shall not be used for the continuous tracking of the Hirer’s movements or for any purpose other than those listed, and shall be retained for the legally established period.

4. The deactivation, tampering with, concealment or removal of the geolocation device is expressly prohibited. Breach of this prohibition shall be deemed unauthorised use for the purposes of clause C.2, shall entitle VIMA Rent a Car to terminate the agreement with immediate effect and shall entail a penalty of €500, without prejudice to the claim for the damages caused.

5. The Hirer may exercise their rights of access, rectification, erasure, objection, restriction and portability on the terms provided for in section K.

ANNEX I. DAMAGE SCALE

Amounts in euros, VAT and labour included. This damage scale supersedes all previous ones.

Scale of levels

1. Bodywork and panels

2. Windows, mirrors and lights

3. Wheels and underside

4. Interior and mechanical

5. Accessories and minor items

6. Cleaning and services

Special cleaning (vacuuming and additional washing for dirt beyond the ordinary, without material damage) | 60 |
Serious cleaning (clause D.7) | 190 |
Cleaning of the tank due to incorrect refuelling | 220 |

The polishing amounts apply where the superficial scratch affects more than one part or is not attributable to a specific panel. Where the scratch is located on a single part, level 1 of table 1 shall apply.

7. Items with set amounts in the body of the conditions

VIMA RENT A CAR, S.L. — CIF B07657620 C/ La Marina, 25 — 07659 Cala Figuera (Mallorca), Illes Balears Assistance base: Camí Vell de Llucmajor, 29 — Polígono Sa Tapia, 07007 Palma Tel. +34 971 645 353 — autos@vimarentacar.com