General terms and conditions

[expand title=”1.- Obligations of the contract holder and authorized drivers regarding the rented vehicle”]

The rental invoice will be made in the name of the contract holder unless the contrary has been previously communicated, and can only be modified, requesting it before 5 days after the return of the vehicle.
Check the vehicle before moving it from the plaza and inform Top Auto Balear of any discrepancies regarding the state of the vehicle notified by Top Auto Balear staff. Disagreement both at the level of the list of accessories present in the vehicle and damage not marked or incorrectly marked in the previously signed rental contract.
Sign in the ‘Exit’ section of the contract and the Annex “Vehicle Condition Control Report” as proof of acceptance of the vehicle’s condition upon collection. The signing of the rental contract implies acceptance by the client of the list of accessories present in the vehicle and of the description of damages included in the Annex “Vehicle Condition Control Report”. Any damage not marked in the contract will be considered as new damage and will be attributable to the contract holder. In the event of breakage, loss or misplacement of the accessory or additional equipment marked as present on the vehicle, the contract holder will be responsible for the payment of an amount as replacement cost.
If applicable, take care of the assembly of the child seats or any other extra that requires assembly. Top Auto Balear will not, under any circumstances, assume responsibility for the mounting of accessories in the rented vehicle.
[/expand]

[expand title=”1.1- Obligations of the contract holder and authorized drivers at the time of collection”]

The rental invoice will be made in the name of the contract holder unless the contrary has been previously communicated, and can only be modified, requesting it before 5 days after the return of the vehicle.
Check the vehicle before moving it from the plaza and inform Top Auto Balear of any discrepancies regarding the state of the vehicle notified by Top Auto Balear staff. Disagreement both at the level of the list of accessories present in the vehicle and damage not marked or incorrectly marked in the previously signed rental contract.
Sign in the ‘Exit’ section of the contract and the Annex “Vehicle Condition Control Report” as proof of acceptance of the vehicle’s condition upon collection. The signing of the rental contract implies acceptance by the client of the list of accessories present in the vehicle and of the description of damages included in the Annex “Vehicle Condition Control Report”. Any damage not marked in the contract will be considered as new damage and will be attributable to the contract holder. In the event of breakage, loss or misplacement of the accessory or additional equipment marked as present on the vehicle, the contract holder will be responsible for the payment of an amount as replacement cost.
If applicable, take care of the assembly of the child seats or any other extra that requires assembly. Top Auto Balear will not, under any circumstances, assume responsibility for the mounting of accessories in the rented vehicle.
[/expand]

[expand title=”1.2 Obligations of the contract holder and authorized drivers during the rental”]

Make use of the rented vehicle respecting the following conditions of use:

  • Alert Top Auto Balear to any indication of technical failure in the rented vehicle: fluid levels (oil, water), tire pressure, etc.
  • In the event of an accident / loss, breakdown or mechanical failure, regardless of the coverage contracted, follow the procedure established by Top Auto Balear:
  • Do not repair the vehicle without prior authorization from Top Auto Balear.
  • Request the roadside assistance service according to Top Auto Balear indications at the beginning of the rental.
  • Not recognizing or prejudging the responsibility of the fact.
  • Do not abandon the rented vehicle without the necessary measures to protect it.
  • Notify Top Auto Balear within a maximum period of 24 hours of any damage (with or without a third party) that has been caused to the rented vehicle. Top Auto Balear will assess the situation and study the most effective solution: the driver may be recommended to drive to the office to obtain a replacement vehicle, assistance may be given to the rented vehicle at the scene of the incident or, in case of not being able to repair the vehicle on site, or a tow truck will be sent to tow the rented vehicle to the Top Auto Balear office and a replacement vehicle will be provided to the contract holder.
  • In addition, only in the event of an accident / loss, the driver must duly fill out the accident report, deliver it to the Top Auto Balear office at the time of return of the rented vehicle and send a copy of the report to the email address topautobalear @ gmail.com. In the accident report, you must state the circumstances, place, date and time of the incident, possible witnesses and full contact details of any third party involvement.
  • If the accident report is not duly completed or in case of negligence on the part of the client, Top Auto Balear reserves the right not to deliver a replacement vehicle. In addition, the coverage may be invalidated. Top Auto Balear will process the accident reports, guide the driver on how he should act and will advise him in case of injury and / or receiving court summons.
  • In case of theft or theft of the rented vehicle, regardless of the coverage contracted, follow the procedure established by Top Auto Balear:
    • Immediately inform the pertinent authorities and file a police report, obtaining the corresponding signed police report. If this document is not delivered to Top Auto Balear, the coverage may be invalidated.
    • Notify Top Auto Balear of the theft or theft of the rented vehicle within a maximum period of 24 hours.
    • Deliver the keys of the rented vehicle to Top Auto Balear within a maximum period of 24 hours. If the contract holder does not hand over the keys, he will be responsible for paying Top Auto Balear the total value of the vehicle. This clause will only cease to apply if, in the police report, it is reflected that the vehicle keys were stolen.
  • Respect the rules of the Highway Code. Violation of traffic laws is classified as a crime and the driver may incur fines and penalties established in the applicable laws. In addition, in the event that the driver is imposed a traffic fine during the rental period, Top Auto Balear will charge the contract holder for the management and administration service of fines for each infraction / fine received (See more information in the section 4).
  • The client is responsible for the proper driving of the rented vehicle in accordance with Spanish laws. Any damage that may be caused to the rented vehicle as a result of driving the vehicle in the opposite lane will be considered negligence, the contracted coverage will be invalidated and the contract holder will be responsible for all expenses incurred.
  • Possess sufficient knowledge for the proper driving of the rented vehicle: The customer is responsible for the knowledge and proper driving of the rented vehicle, especially with regard to the operation of the gear change. Any damage that may be caused to the vehicle as a result of a gear change error will be considered negligence, the contracted coverage will be invalidated and the contract holder will be responsible for all expenses incurred.[/expand]

[expand title=”1.3 Obligations of the contract holder and authorized drivers at the time of return of the rented vehicle”]

  • DReturn the rented vehicle with its corresponding keys in the same working state in which it is delivered. In the event that the contract holder returns the rented vehicle under conditions other than those specified by TopAuto Balear at the time of collection in the Annex “Vehicle Status Control Report”, the latter will be responsible for the alterations produced and for the documentation and missing accessories and, depending on the coverage contracted, you may incur additional expenses derived from the breach of the contractual conditions.
    • If the contract holder has contracted coverage with the provider of his bank card or with a third party, Top Auto Balear will charge the corresponding amount up to the limit of the franchise on the bank card of the contract holder provided at the time of payment. of the rental and the holder of the contract will be responsible for claiming this amount from the provider of your bank card or third parties.
  • Follow the instructions received from Top Auto Balear for the return.
  • Return the rented vehicle during business hours.

If the contract holder returns the vehicle after hours, he must comply with Top Auto Balear’s instructions for the return after hours. A return outside of business hours is understood to be that which takes place from 10 p.m. to 7 a.m. In this case, it will not be necessary for the contract holder to carry out any management with Top Auto Balear staff. They must follow the return instructions given at the time of requesting delivery outside of business hours. The contract holder will continue to be responsible for the rented vehicle until 7:00 a.m. If the contract holder does not comply with the return instructions outside office hours, he will continue to be responsible for the rented vehicle until Top Auto Balear can have access to it.

  • Return the vehicle at the agreed place, date and time. Top Auto Balear makes available to the contract holder active communication channels (telephone, whatsapp and mail) to be able to adjust the pick-up time.
    • In the event of a late return of the rented vehicle (it is considered a late return, 30 minutes after the agreed time), the contracted coverage will be invalidated and Top Auto Balear will apply a penalty for each day of delay in the return of the vehicle. In addition to this payment, the contract holder will also be responsible for paying the daily rental rate.
  • Check the vehicle before returning the keys and make sure you do not forget any belongings inside. Top Auto Balear will not be responsible for the loss or damage of personal property left or forgotten in the vehicle during the rental period or thereafter. The contract holder is solely responsible for these goods.


[/expand]

[expand title=”1.4 Additional obligations of the contract holder and authorized drivers whose breach will invalidate the contracted coverage”]

Failure to comply with any of the obligations described below will invalidate the coverage contracted, so that the holder of the contract will be responsible for paying the damages caused to the rented vehicle and for all the expenses generated, and may reach the amount total vehicle.

The following cases of loss of coverage and rights are expressly detailed and informed to the client in the reservation process, highlighting the key information, so that the information can be marked for acceptance.

  • Do not drive the vehicle under the influence of alcohol, drugs or any other substance that may affect driving. Top Auto Balear declines all responsibility for accidents or damage to property caused by the rented vehicle if the driver was driving under the influence of alcohol, drugs or any other substance that could lead to driving. The simple fact of carrying out driving under the effects of any of the indicated substances will be sufficient cause for the contract holder to be responsible for the damages caused regardless of whether or not the influence of such circumstances on the accusation has been proven. of the damage.
  • Carry out the driving of the rented vehicle only by the drivers expressly authorized by Top Auto Balear in the rental contract.
  • Do not drive the vehicle outside the island of Mallorca.
  • Supply the rented vehicle with the appropriate type of fuel, which is indicated in the “Vehicle data” section of the contract and also next to the fuel tank cap of the rented vehicle. The fuel error will be considered as new damage and will be attributable to the contract holder.
  • Do not put water or agricultural diesel in the fuel tank. The presence of water or agricultural diesel in the tank will be considered negligence and will be attributable to the holder of the contract.
  • Do not carry out driving on unauthorized or restricted roads.
  • Do not travel more people than the law allows for the type of vehicle rented.
  • Do not use the vehicle for public transport of people.
  • Do not use the rented vehicle for illegal activities.
  • Not participating with the rented vehicle in races, competitions, reliability or speed tests.
  • Do not use the vehicle for commercial purposes, to provide a courier service or to transport goods or people.
  • Do not sublet the vehicle.
  • Do not use the vehicle to tow other vehicles.
  • Do not use the vehicle to transport animals.
  • Do not use the vehicle to transport explosives.
  • Do not use the vehicle to transport corrosive substances.
  • Do not smoke inside the rented vehicle. In the event that the vehicle smells of tobacco, Top Auto Balear will apply a penalty to cover the costs of treatment, special cleaning and stoppage of the vehicle.
  • It is not allowed to disassemble or remove the seats of the rented vehicle.

[/expand]

[expand title=”2. Age requirements and necessary documentation to complete the rental contract”]

  • Minimum age 21 years. The minimum age allowed to rent with Top Auto Balear is 21 years old.
  • In the event that any of the drivers authorized in the rental contract are between 21 and 24 years old, a supplement will be applied to the rental price and only insurance WITH a franchise can be contracted.
  • Top Auto Balear declines all responsibility for accidents or damage to property caused by the rented vehicle if the contract holder has deliberately provided Top Auto Balear with inaccurate information regarding his identity, address or validity of his driving license.
  • Faxed or photocopied driving licenses will not be accepted.
  • If the contract holder does not provide the documentation and information described below, Top Auto Balear reserves the right to deny the rental of the vehicle:
  • Identification document. Written in Roman characters or accompanied by a sworn translation thereof
  • Driving license with a minimum age of one year.
  • Address that must be proven.

[/expand]

3.- Prices

[expand title=”Easy All included (With Excess)”]

  • Unlimited mileage.
  • Second driver included
  • Full / Full Fuel Tank
  • Free cancellation before 48 hours
  • Damages due to collision and theft in bodywork and windows that exceed the amount of the franchise that varies with the type of vehicle and is specified before hiring.
  • Tire damage caused by wear.
  • Roadside assistance
  • VAT and taxes included.[/expand]

[expand title=”Peace of mind. All included without excess”]

  • Unlimited mileage.
  • Second driver included
  • Full / Full Fuel Tank
  • Free cancellation before 48 hours.
  • Possibility of collection and delivery outside office hours.
  • Collision damage and theft in the body.
  • Damage to the tire tread caused by anything found on the road.
  • Moons
  • Roadside assistance.
  • VAT and taxes included[/expand]

[expand title=”3.1. Our prices do not include”]

  • Fuel
  • Compensation for breakage or theft of personal items
  • Damage caused to the vehicle or its Components due to negligent use or driving of the same.
  • Damage to the side of the tire and/or rim due to collision with curbs, rocks or other objects.
  • Damage due to the tire and/or rim due to off-road driving.
  • Additional extras
    • Gps
    • Child seats
    • Young driver supplement (from 21 to 24 years old, both inclusive)
  • Potential charges after the return of the vehicle derived from misuse or negligence.
  • Charge for new damages (exterior and interior) present in the vehicle
  • Charge for loss or misplacement of accessories and for damage to accessories
  • Charge for loss or misplacement of documentation
  • Charge for breakage, loss, theft or theft of keys
  • Fuel error charge
  • Special cleaning fee
  • Charge for smoking inside the vehicle
  • Charge for driving outside the territory authorized by Top Auto Balear
  • Late vehicle return fee
  • Charge for abandonment of the rented vehicle
  • Charge for returning the rented vehicle in public parking, without express authorization from Top Auto Balear.
  • Fines management and administration fee (does not include the price of the fine)[/expand]

[expand title=”4.- Penalties”]

  • Fuel error charge: in case the rented vehicle is supplied with the wrong type of fuel, Top Auto Balear will apply a penalty of € 250.00.
  • Charge for returning the vehicle with less fuel: in case of returning the rented vehicle with less fuel, Top Auto Balear will charge for the amount of the missing fuel plus a penalty of € 20 to cover refueling costs.
  • Special Cleaning Fee: The rental price includes a standard cleaning of the rented vehicle. However, in the event that the rented vehicle requires special cleaning, Top Auto Balear will charge the contract holder between € 120 and € 240 to cover the costs of treatment, special cleaning and stoppage of the vehicle.
  • Special cleaning is considered to be any cleaning that requires a more exhaustive action and that implies the exit of the vehicle from its usual standard washing cycle.
    • Here are some examples where special cleaning charges would apply:
      • Type 1: € 120: Mud, sand, animal hair, remains of waste or food
      • Type 2: € 240: Butts, ash or smell of tobacco, excrement, vomit, paint stains, cement, plaster, smell of chemicals, oil, fuel.

Top Auto Balear will check the vehicle with the lessee upon return and their allegations will be taken into account. You will be sent a report and details of the costs, as well as photographs and justification of the dirtiness of the vehicle. In the event of disagreement, the lessee may send their allegations within 14 days to the customer service and claims email. In the event of not agreeing with the resolution, you may file a claim with the consumer or with the competent courts.

  • Charge for driving outside the territory authorized by Top Auto Balear. In case of driving outside the Island of Mallorca, Top Auto Balear will apply a penalty of € 350.00 in addition to the corresponding invalidation of coverage.
  • Charge for late return of the vehicle. Top Auto Balear offers the client enough means of communication to specify the time of return of the vehicle. Rental rates are calculated based on 24-hour periods from the start of the rental, with a 30-minute courtesy. In the event that the contract holder does not return the rented vehicle at the agreed return point at the time indicated in their rental contract, the contracted coverage will be invalidated and the contract holder will be responsible for the payment of damages caused to the rented vehicle. and of all the expenses generated, being able to reach the amount of the value of the vehicle and Top Auto Balear will apply a penalty of € 40 plus the expenses that have to be incurred for the recovery of the vehicle, which will be a minimum of € 300 in case it has been reported after 24 hours. In addition to what is indicated, the contract holder will also be responsible for the payment of the daily rental rate in force at that time, including the charges for the options contracted for each day of delay in the delivery of the vehicle.
  • Charge for abandoning the rented vehicle. In case of abandonment of the vehicle, Top Auto Balear will apply a penalty of € 200.00. In addition to this payment, the contract holder will also be responsible for paying the daily rental rate and the costs of recovering the vehicle.
  • Charge for returning the rented vehicle in public parking. In the event that the contract holder returns the rented vehicle in a public parking lot without prior authorization from Top Auto Balear, if the rented vehicle is recovered on the same return day established in the Top Auto Balear contract, a penalty of € 30.00 will apply. . If the rented vehicle is not recovered on the same return day established in the contract, Top auto Balear will apply the corresponding penalty to the charge for late return of the vehicle and the client will be responsible for paying the costs of recovering the vehicle.
  • Fines management and administration fee (does not include the price of the fine). In the event that the driver is imposed a traffic fine during the rental period, Top Auto Balear is obliged by law to identify him and provide the authorities with his personal data, so that the contract holder will receive at his home the sanction that is imposed on you for your payment. For this management and administration service, for each infraction / fine received, Top Auto Balear will charge the contract holder an amount of € 30.00. This charge does not include the payment of the traffic fine. It will be the contract holder who has to make the payment of the same directly with the authorities.

The previous penalties are detailed and informed to the client in the reservation process, highlighting the key information, so that the information can be marked for acceptance.  

Upon return of the vehicle, Top Auto Balear will check the vehicle. The client will be informed of any corresponding penalty as indicated above. You will be sent a report and details of the costs, photographs, as well as the necessary supporting documentation. In the event of disagreement, the lessee may send their allegations to the customer service email and claims within 14 days. In the event of not agreeing with the resolution, you may file a claim with the consumer or the competent courts.

[/expand]

[expand title=”5.- Payment”]

The signing of the rental contract and the withdrawal of the vehicle represent an obligation to pay without the right of withdrawal. By signing the rental contract, the contract holder expressly authorizes Top Auto Balear to use the bank card provided at the time of rental for the following purposes:

  • Carry out the collection of the vehicle rental with all the contracted options: extras, additional coverage.
  • If applicable, block the amount of the pre-authorization corresponding to the group of the rented vehicle. This amount will not be available for use until the unlocking is done.
  • In payments made by debit card, the pre-authorization will be charged, it will not be blocked. Depending on the bank issuing the card, the unlocking of the pre-authorization amount may take a maximum of 30 calendar days after the end of the rental contract to appear on the bank card statement of the contract holder. Top Auto Balear is not responsible for the commissions charged by the contract holder’s bank in the return of the pre-authorization.
  • If applicable, collect any charge derived from alterations caused to the vehicle during the rental (damage, documentation, missing accessories, level of cleaning) and from the breach or violation of any of the obligations and / or terms and conditions established in this rental contract.

[/expand]

[expand title=”5.1 Restrictions and considerations regarding payment”]

  • Prepaid cards are not accepted
  • Payment via smartphone or by check or transfer is not accepted.
  • The holder of the bank card with which the payment of the rent is made must be the holder of the contract and he must be present at the time of payment. In case the holder of the card is not the holder of the contract , the cardholder will sign a specific authorization that all charges that are attributable to the holder of the contract and that derive from it are charged to his card.
  • The payer will be responsible for knowing the PIN of his bank card if he pays with a card that includes this technology.
  • The payer must ensure that his bank card has sufficient funds at the time of vehicle collection to be able to collect the rental with all the contracted options and, in addition, if applicable, block the amount of the pre-authorization corresponding to the group of the rented vehicle.
  • [/expand]

[expand title=”5.2 Payments and blocks at the time of collection”]

  • At the time of vehicle collection and rental payment, Top Auto Balear will charge the rental charges to be paid at the counter on the bank card of the contract holder and will charge (debit card) or block (credit card) a security deposit of an amount according to the category of rented vehicle.[/expand]

[expand title=”3.1. Our prices do not include”]

  • Fuel
  • Compensation for breakage or theft of personal items
  • Damage caused to the vehicle or its Components due to negligent use or driving of the same
  • Additional extras
    • Gps
    • Child seats
    • Young driver supplement (from 21 to 24 years old, both inclusive)
  • Potential charges after the return of the vehicle derived from misuse or negligence.
    • Charge for new damages (exterior and interior) present in the vehicle
    • Charge for loss or misplacement of accessories and for damage to accessories
    • Charge for loss or misplacement of documentation
    • Charge for breakage, loss, theft or theft of keys
    • Fuel error charge
    • Special cleaning fee
    • Charge for smoking inside the vehicle
    • Charge for driving outside the territory authorized by Top Auto Balear
    • Late vehicle return fee
    • Charge for abandonment of the rented vehicle
    • Charge for returning the rented vehicle in public parking, without express authorization from Top Auto Balear.
    • Fines management and administration fee (does not include the price of the fine)[/expand]

6.- Modifications

[expand title=”6.1 Modifications before the start and during the rental”]

If the client has made the reservation directly with Top Auto Balear, it will be allowed to cancel the reservation free of charge up to 48 hours before the start of the rental. It will also be allowed to modify the reservation but the acceptance of the modification will be subject to availability.
[/expand]

[expand title=”6.2 Replacements due to accident / loss, breakdown or mechanical failure.”]

In the event of an accident or breakdown, Top Auto Balear reserves the right to replace the vehicle, which will always be subject to availability, and may be denied if Top Auto Balear considers that the alterations produced in the rented vehicle were caused by the breach or violation of the obligations and conditions established in this rental contract, which have been previously accepted by the lessee, due to the lessee’s accident or any other circumstance that may be entitled by law.

If Top Auto Balear proceeds to replace the rented vehicle in the event of an accident / loss, breakdown or mechanical failure, Top Auto Balear will assess the situation and study the most effective solution: the driver may be recommended to drive to the office to obtain a vehicle replacement or a tow truck will be sent to tow the rented vehicle to the Top Auto Balear office.

In the event that it is possible for the contract holder to drive to the office to make the replacement, he / she must go to the office with a full tank.

It is mandatory that the contract holder is present at the time of the replacement and presents his national identity document, his passport or equivalent document as proof of identity.

[/expand]

[expand title=”6.3 Cancellations”]

If the client has made the reservation directly with Top Auto Balear, it can be canceled free of charge and receive a full refund of the same amount, up to 48 hours before the rental begins. If you cancel your reservation less than 48 hours in advance, a charge of € 40 will be applied.

If the client has made the reservation through an intermediary, he must contact him to manage the cancellation of the reservation.

[/expand]

[expand title=”6.4 Rental not made”]

If the client does not show up on the date and time agreed at the time of booking, Top Auto Balear will not refund the amount of the reservation and if it has not been paid yet, it will charge the amount corresponding to one day of rental contracted plus a € 50 penalty.

If the client shows up to pick up the vehicle after 24 hours, the rental of the vehicle will be subject to availability.

[/expand]

[expand title=”6.5 Late pick up of the vehicle”]

If the client is going to suffer a delay of more than one hour, he must notify Top Auto Balear of the delay via email to topautobalear@gmail.com or by phone by calling (+34) 628655886 or whatsapp indicating the new pick-up time. If the reservation holder does not inform Top Auto Balear about the delay in his flight, Top Auto Balear will not be able to guarantee the vehicle’s pick-up service.

If the client arrives after hours, Top Auto Balear will apply the ‘Charge for collection outside hours’ (€ 50.00). Business hours are from 7:00 a.m. to 10:00 p.m. from Monday to Sunday.

If the vehicle is picked up at the airport, the reservation holder has a margin of 40 minutes to present himself at the agreed place after his flight has landed.

[/expand]

[expand title=”6.6 Early return of the vehicle”]

In the event of early return of the rented vehicle, Top Auto Balear will not apply any penalty to the contract holder.

[/expand]

[expand title=”7. Vehicle groups”]

When a customer makes a reservation with Top Auto Balear, he is reserving a vehicle group that includes several different models. It is not possible to reserve a specific model, therefore, the client will not be able to choose the specific model that is delivered.

[/expand]

[expand title=”8. Data Protection”]

Top Auto Balear informs that the personal data obtained on the occasion of the conclusion of the rental contract will be incorporated into a file of its ownership in order to provide the service. The client can exercise the rights of access, rectification, cancellation and opposition, directing a request via email to the address topautobalear@gmail.com and, attaching, in each case, a photocopy of their national identity document, their passport or equivalent document.

[/expand]

[expand title=”9. Legal regime and jurisdiction”]

The rental contract is governed by the Terms and conditions described in the previous points and by articles 1,554, following and concordant of the Spanish Civil Code on the leasing of things. Any divergence that arises between the Lessor and the Lessee, they agree to submit to the Courts of Palma de Mallorca, with express will against submission to arbitration.

[/expand]

[expand title=”10. Reservation of rights”]

Top Auto Balear reserves the right not to rent vehicles to those clients who violate any of the conditions or obligations established in this document.

Likewise, Top Auto Balear reserves the right not to rent the vehicle in case of well-founded doubts about the possibility of non-compliance with the obligations of this contract, due to a history of non-payment or incidents on the part of the client.

[/expand]

[expand title=”11. Taxes”]

Rent is subject to local taxes. All our rates / prices are inclusive of current VAT.

[/expand]

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