Rental Terms and Conditions for motorhomes of Tresca Mallorca

1. Scope, contents of contract, jurisdiction

1.1 The following Standard Terms and Conditions of Maria Ferrer Cañellas (TRESCA MALLORCA), with ID 43188382V and residence at Camí Son Mascaró S/N, 07142 Santa Eugènia, telephone number (+34) 680 841 053 and email: info@trescamallorca.com (hereinafter referred to as “the lessor”) apply exclusively. Terms and conditions of the lessee which contradict or deviate from the Standard Terms and Conditions of the lessor will not be recognized. The Standard Terms and Conditions of the lessor will apply even if the lessor hires the Vehicle out to the lessee without reservation, knowing that terms and conditions of the Hirer contradict or deviate from these Standard Terms and Conditions.

1.2 The sole subject of the contract with the lessee is hiring out of the Vehicle. The lessor is under no obligation to provide travel services, and in particular no package of travel services.

1.3 In the event of a booking, a rental contract will arise between the lessor and the lessee which is solely subject to Spanish law. The statutory provisions relating to travel contracts do not apply to the contract either directly or accordingly. The lessee will organize his journey himself and make use of the Vehicle on his own responsibility. The rental contract is limited to a specific period as agreed.

1.4 All agreements between the lessor and the lessee must be concluded in writing.

2. Minimum age, authorized drivers

2.1 The Hirer and any other driver must be at least 23 years old. The lessee and any other drivers must have been in possession of a Class B or comparable national driving license for at least two year. The delivery of the Vehicle requires the presentation by the Hirer and/or driver(s) of the driver’s license and the valid identification card/passport at the time of taking possession. If a delay in taking possession occurs due to the nonpresentation of said documents, such delay shall be at the expense of the Hirer. If such documents cannot be presented neither at the agreed
time for taking possession, nor within a reasonable grace period thereafter, then the lessor shall be entitled to withdraw from the contract. The cancellation provisions set forth in section 4.2 shall apply. The lessor or the official authorities of the country may require the presentation of an international driver’s license (for non-EU citizens).

2.2 If, upon renting, a respective driving license cannot be presented, the Vehicle shall be regarded as not collected. In such case, there shall apply the respective terms of cancellation (see 4.2).

2.3 The Vehicle may only be driven by the lessee and the drivers named at the time of hiring.

3. Hire charges and their calculation, rental period

3.1 The hire charges applicable are those stated in the version of the lessor’s price list in force at the time the contract is concluded. Any prescribed minimum rental period applicable during particular travel periods is likewise indicated in the version of the lessor’s price list current at the time the contract is concluded. The prices applicable are those for the season indicated in the price list within which the rental period booked falls. A one-off lump-sum service charge will be made for each rental. The amount of this is also indicated in the version of the lessor’s price list current at the time the contract is concluded.

3.2. The minimum rental period is two days in low season up to a minimum period of five days in high season.

3.3 The relevant hire charge includes: IVA, unlimited mileage and full risk insurance (see 11.).

3.4 The daily rates applicable will be charged for each 24-hour period completed or commenced during the rental period. The rental period will begin when the Hirer takes possession of the Vehicle at the rental station and end when the rental station employee takes it back.

3.5 If the Vehicle is returned after the time agreed in writing, the lessor will charge a fee according to the actual valid pricelist (up to a maximum equal to the relevant full day price for each day late). Any costs incurred as a result of a subsequent hirer or any other person making claims against the lessor on the grounds that a Vehicle was supplied late must be borne by the lessee..

3.6 If the Vehicle is returned before the expiry of the agreed rental period, the full contractually agreed hire charge must be paid unless the Vehicle can be hired out to someone else.

3.7 The Vehicle will be supplied with a full tank and must be returned in the same condition. Otherwise, the lessor will charge the diesel according to the valid price list (price plus 15 Euro). Fuel and running costs during the rental period must be borne by the Hirer.

3.8 One-way rentals are only possible by special agreement.

4. Reservations and changes to bookings

4.1 Reservations are only binding after they have been confirmed by the lessor as described in Subsection 4.2.

4.2 To confirm the booking, the lessee has to make the payment. After receiving the payment, a booking confirmation will be sent to the Hirer. Only then will the reservation become binding on both parties. If the Hirer exceeds this deadline written in the offer the lessor will cease to be bound by the reservation. Cancellation fees*:

– Until 50 days before the beginning of the rental period, we will charge 20% of the rental price.
– Between 49 to 15 days before beginning of rental 50 % of rental price
– Less than 15 days before beginning of rental 85 % of rental price
– At rental day / day of pick up or by no show 100 % of rental price

*It is up to the Hirer to prove that no damage has occurred at all or to a lesser extent. The cancellation must be made in writing.

5. Terms of payment, security deposit

5.1 The predicted hire charge, calculated on the basis of the booking details, has to be paid by credit card through the website www.trescamallorca.com . Other payment methods are possible by special agreement.

5.2 The security deposit of EUR 650 must either be received together with the hire charge in the lessor account at the latest when the Vehicle is collected (MasterCard, Visa).

5.3 The lessor will reimburse the security deposit after the final rental account has been settled, as long as the Vehicle is returned as required. Any charges incurred in addition to the hire charge paid in advance by the Hirer will be deducted from the security deposit when the Vehicle is returned.

5.4. The lessee expressly agrees to pay the lessor:

– Additional charges that arise if the vehicle is left in some other place or city, without the authorization of the lessor.
– The amount of all kinds of fines, judicial and extrajudicial expenses derived from any traffic offense or of any other kind, which are directed against the vehicle, the lessee or lessor, derived from the validity of this rental contract, to Unless they were caused by the landlord’s fault.
– In the event that due to the fault of the lessee the vehicle was detained or seized, all expenses will be at his / her expense, including the loss of profits of the leasing company during the time the vehicle is immobilized.
– Expenses incurred by the landlord (including attorneys and solicitors fees) in claiming the amounts owed by the tenant under this contract.
– The expenses derived from the replacement or repair derived from the loss or breakage of any of the accessories rented together with the vehicle.
– The vehicle has an all-risk insurance with franchise (does not include the personal effects of the renter and companions). In the event of an accident or theft, the tenant will be responsible for the amount of € 650 per claim.

5.5 If the lessee defaults on payment, interest will be charged in accordance with the statutory regulations in force.

6. Collection, return

6.1 Before driving the wheel, the lessee is under an obligation to take part in a detailed introduction to the Vehicle by the lessor. On that occasion, there is drawn up a detailed report (Pick Up) of delivery describing the condition of the Vehicle that is to be signed by both parties. The lessor is entitled to refuse to hand over the Vehicle until this introduction has taken place. If handover is delayed due to the fault of the lessee, he must bear any costs incurred as a result.

6.2 On returning the Vehicle, the lessee is under an obligation to carry out a final examination of it together with rental station staff, with a written return report (Drop Off) to be prepared and signed by the lessor and the Hirer. Any damage not specified in the report of delivery that is detected upon return of the Vehicle shall be at the lessee’s expense.

6.3 Vehicles can be collected and returned from 6 pm. Pick up and Drop Off times as shown in the rental contract are binding.

6.4 Unauthorized delays in the return will be penalized with a daily rate three times the amount applied in the contract. Any justified cause of force majeure that prevents the return on the agreed day, must be immediately communicated to the landlord for him to accept it; otherwise it will be considered unauthorized delay.

6.5 If the tenant wishes to extend the lease, he must request it from the lessor at least three days before the end of the contract. The eventual confirmation of the extension will be subject to the availabilities that the lessor has at this time, thus not assuming any prior commitment whatsoever.

6.6 Any alteration of the rental dates must be previously authorized by the lessor. Failure to comply with this condition empowers the lessor to take over the vehicle or to require it in court. The lessor reserves the right to obtain the return of the vehicle, at any time during the term of this contract, if its use contravenes the provisions of the same.

6.7 In the return of the vehicle at the end of the rental, in which the lessee is not present at the inspection of the same due to causes attributable to him, delivery by mailbox or non-availability, and damage to the vehicle is noted, the lessee accepts the valuation of the damages resulting from the inspection carried out by the lessor’s staff.

6.8 The vehicle will be returned clean inside and with empty wastewater and toilet tanks. Otherwise, the tenant must pay € 30 for cleaning, € 60 for emptying the gray water tanks and chemical toilets and / or the amount of fuel plus € 15.

6.9 The fact of filling the drinking water tank with diesel or another fuel or product, or the diesel tank with water or another fuel or product, will imply a penalty of € 650.

6.10. The breakage or loss of the vehicle keys will imply a penalty of € 300.

6.11. The vehicle is registered in a location system.

7. Prohibited use, duty of care

7.1 The Hirer is prohibited from using the Vehicle as follows: to participate in motor sport events and Vehicle tests, to transport easily inflammable, poisonous or otherwise dangerous substances, to commit Customs or other criminal offences, even if these are only punishable according to the law applicable in the place where the offence was committed, for rental to a third party or for the commercial transport of passengers or for any other use going beyond that agreed by contract, in particular driving on terrain not intended for the purpose.

7.2 The Vehicle must be treated carefully and appropriately and properly locked on all occasions. The regulations and technical rules applicable to its use must be complied with. Its running condition, in particular oil and water levels and tire pressure, must be monitored. The Hirer undertakes to check regularly to make sure that the Vehicle is in a roadworthy condition.

7.3 All Vehicles are non-smoking Vehicles. This means that you may not smoke in any part of the Vehicle. Pets may only be brought along subject to the lessor’s explicit approval. Cleaning expenses caused by non-compliance with regulations must be borne by the Hirer. Any costs which may be incurred by deventilation or for elimination of contamination with smoke, including lost profits resulting from temporary nonavailability of the Vehicle for hire owing to these circumstances, shall also be borne by the Hirer.

7.4 If evidence of violation of the provisions in the aforementioned paragraphs 7.1, 7.2 und 7.3 can be provided, the lessor may terminate the lease without notice.

8. What to do in the event of an accident

8.1 After an accident, theft or damage by fire or collision with a wild animal, the police must be informed immediately and also the rental station (for Telephone Number see rental contract), at the latest immediately after the working day following the day of the accident/incident. It is not permitted to accept any third-party claims as valid.

8.2 Even in the case of very slight damage, the Hirer must prepare a detailed written report for the lessor, including a sketch. If, for whatever reason, the Hirer fails to draw up such report and if, because of that, the insurance company refuses to pay the damage, the Hirer shall be obliged to pay full compensation for the damage.

8.3 The accident report must in particular include the names and addresses of anyone involved and any witnesses, together with the license numbers of all Vehicles involved and has to be over handed filled out and signed by drop off latest towards the lessor.

9. Defects in the Vehicle

10.1 Any claims to compensation by the Hirer on the basis of defects for which the lessor is not responsible are hereby excluded.

10.2 Any defects in the Vehicle or its fittings/equipment which are discovered after the commencement of the hire must be reported to the lessor in writing by the Hirer by returning of Vehicle. Claims for damages based on subsequently notified defects shall be excluded unless the claim is based on a defect which is not patent.

10. Repairs, substitute Vehicle

10.1 The normal mechanical wear of the vehicle is assumed by the lessor. When the duration of the journey or the state of the roads so advise, the necessary maintenance operations will be carried out in an official service of the chassis-engine brand.

10.2 Stop the vehicle as soon as possible when any warning light that indicates an anomaly in the vehicle’s operation lights up, and you should contact the lessor or the Assistance Company arranged by the lessor and only with it, and you should go exclusively to an official service of the chassis-engine brand, unless expressly authorized by the lessor.

10.3 Repairs which are necessary in order to maintain the Vehicle in a good working and roadworthy condition during the rental period may be ordered by the lessee up to EUR 150 without consultation. Repairs going beyond this may only be ordered with the consent of the lessor. The lessor will bear repair costs on production of the original invoices and the parts replaced, as long as the Hirer is not liable for the damage pursuant to Section 12 below. This does not apply to tyre damage.

10.4 If a defect for which the lessor is responsible makes such a repair necessary, and if the Hirer does not rectify the defect on his own initiative, the Hirer must notify the lessor of the defect immediately and set a reasonable deadline for its repair. Any circumstances specific to a particular country (e.g. infrastructure) which delay the repair must be taken into account here to avoid disadvantage to the lessor.

10.5 If the Vehicle is destroyed without any fault on the part of the Hirer or if it appears likely that its use will be prevented or withdrawn for an unreasonably long time, the lessor will be entitled to supply the Hirer with an equivalent substitute Vehicle within a reasonable period. If the lessor supplies an equivalent substitute Vehicle, any termination by the Hirer is excluded. If in such a case the lessor offers a Vehicle from a lower price class and this is accepted by the Hirer, the lessor will reimburse to the Hirer the difference between this and the price already paid in advance by
the Hirer.

10.6 If the Vehicle is destroyed due to the Hirer’s fault or if it is foreseeable that its use will be prevented or made impossible for an unreasonably long period due to the Hirer’s fault, the lessor may refuse to make a replacement Vehicle available. In such a case, termination of the contract by the Hirer is excluded. If the lessor provides a replacement Vehicle, it can charge the Hirer with the transfer costs incurred.

11. Hirer’s liability, insurance

11.1 In accordance with the principles of a comprehensive motor insurance, the lessor will indemnify the Hirer from liability subject to an excess of EUR 650 per damage to be borne by the lessee in case of damage subject to full comprehensive motor insurance per case of damage. The respective excess cannot be excluded.

11.2 The indemnity against liability described in Subsection 11.1 will not apply if the lesseecauses a loss/damage deliberately or by gross negligence.

11.3.If the lessee causes loss/damage culpably, he will additionally be liable in the following cases:
– if loss/damage was caused by impaired ability to drive due to drugs or alcohol.
– if the Hirer or a driver to whom the Hirer has supplied the Vehicle leaves the site of an accident without justification
– if the Hirer fails to call the police to an accident, contrary to the obligation imposed by Section 8, unless this breach of obligation does not affect
either the establishment of the cause of the loss/damage or of its amount.
– if the Hirer breaches any other obligations imposed by Section 8, unless this breach of obligation does not affect either the establishment of the
cause of the loss/damage or of its amount.
– if loss/damage is due to usage prohibited by Subsection 7.1
– if loss/damage is due to a breach of an obligation imposed by Subsection 7.2
– if loss/damage is caused by an unauthorized driver to whom the Hirer has supplied the Vehicle
– if loss/damage is due to a failure to take account of the Vehicle’s dimensions (height Spanish Road Traffic Regulations, with Spanish Road Traffic Regulations or equivalent country signs.
– if loss/damage is due to a failure to comply with load regulations

11.4 To avoid increasing costs due to expenses incurred to establish the amount of the damage suffered, the lessor will in the event of accident damage initially supply the Hirer on request with sample invoices for the type of case concerned.

11.5 The Hirer is liable for all fees, charges, fines and penalties imposed upon the lessor in connection with the use of the Vehicle, unless these are incurred due to the fault of the lessor. The lessor reserves the right to deduct the fees, charges, fines and penalties from the clients’ credit card. Additional handling charges are subject to the displayed pricing lists at the rental stations.

11.6 More than one Hirer will be generally and severally liable.

12. Lessor’s liability, expiry by limitation

12.1 The lessor delivers the vehicle in perfect condition, having carried out all the checks and maintenance necessary for its proper functioning. It will not be responsible for mechanical failures or breakdowns due to normal deterioration of the same, nor is it responsible for expenses, delays or damages in any way produced, directly or indirectly as a consequence of such failures or breakdowns.

12.2 If, due to force majeure, fortuitous reasons or reasons beyond the control of the lessor, the vehicle cannot be delivered on the agreed date, this will not entitle any compensation, except for the return by the lessor to the tenant of the amount paid as reservation.

12.3 The lessor does not assume any responsibility towards the lessee, for the lessee’s car that is, as free parking, at the lessor’s premises during the rental period of the motorhome.

12.4 The lessor will be liable without limitation in the event of intent and gross negligence. In the case of slight negligence, the landlord will only respond in a limited way to the foreseeable damages established in the contract, to the extent that an obligation is infringed whose fulfillment is of special importance to achieve the object of the contract (cardinal obligation). This measure of responsibility will also be valid in cases where obstacles arise to the provision services upon formalizing the contract.

12.5 The General Commercial Conditions set forth by the lessor at the time the rental period begins will be valid.

13. Jurisdiction
In the event of disputes arising from or related to the motorhome rental contract, it is agreed that the jurisdiction is that of the corresponding rental center, that is, that of the lessor’s domicile.
In compliance with the provisions of Organic Law 15/1999 of December 13, Protection of Personal Data, we inform you that the data you provide will be incorporated and will be treated in the files owned by Tresca Mallorca Autocaravanes (Maria Ferrer Cañellas) in order to be able to provide you with our services, as well as to keep you informed about matters related to the activity of the company and its services. Likewise, we remind you that you have the right to access, rectify and cancel your personal data, by means of a written request to the mail:

info@trescamallorca.com