General Terms and Conditions for the lease of vehicles belonging to
Mallorca Power S.L.
The following lease conditions apply to the lease contract(s) concluded between
Mallorca Power S.L., Paseo Colon 155, 07458 Can Picafort (lessor)
the customer (lessee):
1. minimum age
Minimum age rider: 16 years
Minimum age rider with pillion: 18 years
Minimum age lessee 18 years
Driving license class: AM / A1 / A2 / A / B
Scooter Internal Combustion 125 cc
Minimum age: 18 years
Driving license class: A1 / A2 / A / B
In class B, the driver must be a holder of this license class for at least 3 years.
2. rented item
2.1) The subject of the contract is exclusively the temporary provision of the booked vehicle and/or accessories.
2.2) All prices include liability insurance. Fuel costs are not included.
When renting e-scooters, a full battery charge is included. Optionally, an additional battery can be rented.
2.3) A deposit of 300,- Euro to 1.000,- Euro (depending on the lease item) is to be paid before handover by credit card (Mastercard/ VISA) or cash.
2.4) Tank regulation for vehicles with combustion engines: Full on pick-up / Full on return.
In case the vehicle is not returned with a full tank of fuel, €3.50 per missing liter of fuel + €10 service fee will be charged.
The lease price, as well as the deposit, are to be paid 100% before the start of the lease period. Any damages, lease duration overruns, as well as missing tank fillings, will be collected directly or via deposit retention upon return. The tenant agrees to pay damages, etc. that exceed the deposit amount immediately on site or to deposit a security in the appropriate amount.
4. duty of care and liabilities of the lessee
4.1 The Lessee shall handle the vehicle with care, in particular observe the technical regulations and operating instructions, and ensure road safety. The oil, water level and tire pressure must be checked regularly by the lessee during the lease period. The lessee has to observe the legal regulations, especially the Spanish road traffic regulations. He/she is liable for all administrative fines, penalties and fines based on his/her use of the vehicle.
4.2 The Lessee is in particular prohibited from:
a) to leave the vehicle to other authorized drivers than those named on the lease contract.
b) to give the vehicle to an authorized driver if the latter has been banned from driving or does not have a valid driving license or is unfit to drive.
c) drive the vehicle if he/she himself/herself has been banned from driving or does not have a valid driving license.
d) using the vehicle in an unroadworthy condition.
e) participation with the lease item in motor sport events of any kind, including the associated practice drives.
f) use the vehicle off paved roads or on the beach.
g) carry out tampering with the speedometer. Defects on the speedometer must be reported to the lessor immediately.
h) to pledge, sell or otherwise dispose of the vehicle or its parts, equipment, accessories and documents in a manner that impairs or restricts the Lessor’s right as owner.
i) parking the vehicle in a non-theft-proof condition.
j) To move the vehicle outside the territory of the Balearic Islands. The transfer from Mallorca to another Balearic island must be authorized in writing by the lessor.
4.3 In the case of electrically powered vehicles, the lessee must pay attention to the specified range in order to be able to return to the rental station. In case of pickup by our service staff due to missed battery charge, a service fee of €25.- per hour and €0.80 per kilometer driven will be charged.
5. duties and liability of the lessor
The Lessor shall hand over the vehicle in perfect, cleaned, operationally safe and roadworthy condition as well as with undamaged seals on various components. In addition, the lessee receives the vehicle documents and onboard tools. The lessor shall only recognize prior damage if this is recorded in writing in the lease agreement at the time of handover and confirmed by signature of both the lessor and the lessee. Tire damage must always be paid for by the lessee.
6. liability of the lessee for damages
From the moment of the takeover until the return of the vehicle, the Lessee is also liable to the Lessor for slight negligence, concerning handling (including loss or confiscation of the vehicle and/or parts thereof) and for all damage (such as an accident or operational damage, damage as a result of improper handling and depreciation damage) that occurs to the vehicle beyond normal wear and tear during the lease period. In the event of damage to the vehicle, the lessee shall be liable for repair costs incurred or determined following an expert opinion, salvage and repatriation costs, expert costs, technical and economic depreciation, loss of rent income during the repair period or, in the event of total loss, for the replacement period. A basic daily fee is to be reimbursed as loss of rent per day. The lessee reserves the right to prove lesser damage. The lessee is also liable for additional rented accessories such as helmets including visor, jackets, gloves, loss of vehicle documents, loss of vehicle key, etc.
7. what to do in the event of accidents and other damage
In the event of any damage, including damage or accidents without the involvement of third parties, the Lessee is obliged to immediately notify the Lessor by telephone. Towing and/or repair services are to be commissioned only after consultation with the lessor. In the event of any accident involving third parties, the police must be called immediately. Evidence (witnesses, traces, etc.) must be secured, the data of the parties involved must be ascertained and everything that can contribute to the proper and complete clarification of the circumstances of the accident must be done. The Lessee undertakes not to acknowledge any debt or to take any other actions (payments, settlements) that could jeopardize the insurance coverage.
8. insurance coverage
a) The vehicle has flat-rate liability insurance coverage against personal injury, property damage and financial loss. The sum insured is 50 million euros for third-party damage and personal injury.
b) The lessee has to pay a deposit of 300,- Euro to 1.000,- Euro (depending on the vehicle) by credit card or cash when taking over the vehicle. This will be returned in full as soon as the motorcycle or scooter is returned undamaged to the rental company. Any damage to the motorcycle or scooter will be deducted from the deposit. Until the actual damage is determined, the lessor may retain the deposit in its entirety.
The lessee is further expressly informed that he is also liable for damages in the following cases, if he or the registered drivers:
a) fails to comply with the contractual obligations pursuant to Clause 4.
b) in the case of an accident for which he/she is responsible, leaves the scene of the accident without permission.
c) causes damage intentionally or through gross negligence.
d) exceeds the agreed lease period in breach of the contract.
9. vehicle handover and vehicle return
The vehicle is handed over with a full tank (vehicles with combustion engines), clean, in perfect condition and without any externally visible defects. The lessee must return the vehicle at the end of the lease period with a full tank of fuel (vehicles with combustion engines), at the agreed return location, date and time with all vehicle documents, vehicle keys, tools and accessories in the same condition. In case of loss of the tools, vehicle keys and/or vehicle documents, this is to be compensated in full by the lessee. In case of heavy dirt the lessee has to pay the vehicle cleaning costs.
If the return date is exceeded by more than 10% of the agreed lease period, the tenant is obliged to pay another lease period as compensation. In case of exceeding more than 50% of the lease period, double the lease period price will be charged as compensation. In case of exceeding 100% of the lease term, without informing the lessor of the reason, the lessor assumes embezzlement and initiates appropriate legal action.
The lessor may terminate the lease without notice if an important reason becomes known which makes the continuation of the lease unreasonable. Important reasons are in particular false information of the lessee about the person, the creditworthiness as well as the serious violation of the contractual obligations, in particular a violation of section 4 of the terms and conditions of the lease. In case of termination without notice, the vehicle must be returned immediately, even before the expiry of the ordinary lease period. In addition, claims for damages by the lessor shall remain unaffected.
10. cancellation policy
The company Mallorca Power S.L.. does not charge any handling or cancellation fees for bookings cancelled more than 30 days before the start of the lease.
For cancellations up
to 30 days before the beginning of the lease period ………………………. 0%
from 29 days to 15 days before the beginning of the lease……. 30%
from 14 days to 8 days before the beginning of the lease……… 50%
from 7 days to 1 day before the beginning of the lease…………. 80%
for no-show or on the day of the arranged lease……… 100%
of the total amount of the lease is due.
11. final clauses
No secondary agreements or supplements to this lease agreement have been made. All contractual agreements must be in writing.
Should any provision of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining terms. The contracting parties are obligated to replace the invalid regulations with regulations that come as close as possible to the economic purpose of the invalid regulation (severability clause).
11.1 Applicable law / jurisdiction
This Agreement shall be governed by Spanish substantive law, excluding its conflict of law rules. Exclusive place of jurisdiction is Palma de Mallorca / Spain.