1.1- Obligations of the contract holder and authorized drivers at the time of collection

• The rental invoice will be issued in the name of the contract holder unless otherwise previously communicated, and can only be modified by requesting it within 5 days after the return of the vehicle.
• Check the vehicle before moving it from the parking space and inform Top Auto Balear of any discrepancy regarding the condition of the vehicle as reported by Top Auto Balear staff. Discrepancy both at the level of the list of accessories present in the vehicle and of damages not marked or marked incorrectly in the previously signed rental contract.
• Sign the ‘Departure’ section of the contract and the Annex “Vehicle Condition Control Report” as proof of acceptance of the condition of the vehicle upon collection. Signing the rental contract implies the acceptance by the client of the list of accessories present in the vehicle and 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 in the vehicle, the contract holder will be responsible for paying an amount as replacement cost.
• If applicable, take charge of the assembly of child seats or any other extra that requires assembly. Top Auto Balear will not, under any circumstances, assume responsibility for the assembly of accessories in the rented vehicle.

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 the event of negligence on the part of the client, Top Auto Balear reserves the right not to provide a replacement vehicle. In addition, the coverage may be invalidated and therefore the client will be responsible for 100% of the damage to the vehicle.

• 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 relevant 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 and therefore the client will be responsible for 100% of the cost of recovering the vehicle or the market price of the same.
  • Notify Top Auto Balear of the theft or robbery of the rented vehicle within a maximum period of 24 hours.
  • Hand over 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.

• 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 law. Any damage that may be caused to the rented vehicle as a result of driving in the wrong lane or driving in areas where there are no roads or highways 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.

1.3 Obligations of the contract holder and authorized drivers at the time of return of the rented vehicle

• Return the rented vehicle with its corresponding keys in the same working condition as when it was delivered. In the event that the contract holder returns the rented vehicle in conditions other than those specified by TopAuto Balear at the time of collection in the contract, the latter will be responsible for any alterations made and for any missing documentation and accessories and, depending on the coverage contracted, may incur additional costs arising from non-compliance with 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 on the contract holder’s bank card provided at the time of payment for the rental and the contract holder will be responsible for claiming this amount from the provider of his bank card or from third parties.
• Follow the instructions received from Top Auto Balear for the return.
• Return the rented vehicle according to the instructions provided at the time of delivery. Returns are normally made without the presence of Top Auto staff. If the contract holder does not comply with the return instructions, he/she 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 active communication channels available to the contract holder (telephone, WhatsApp and email) to be able to adjust the pick-up time of the vehicle. Although the rental price is based on 24 hours, the return time must be adjusted or be earlier than the one indicated in the contract. Any extension of the return time must be requested in advance and can only be made effective if there is an affirmative response in writing.
• In the event of late return of the rented vehicle (late return is considered 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 returning the vehicle. In addition to this payment, the contract holder will also be responsible for paying the daily rental rate.
• Please check the vehicle before returning the keys and make sure that you have not forgotten any belongings inside. Top Auto Balear will not be held responsible for the loss or damage of personal property left or forgotten in the vehicle during the rental period or afterwards. The contract holder is solely responsible for these goods. In the event that you forget any personal items, they will be kept at our central office (Avda. Cardenal Rosell 137, Palma de Mallorca, CP 07007) for 3 months. The contract holder is responsible for collecting the item by their own means or by a company/person they designate for this purpose.

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 drive on roads that are not authorised for driving or are restricted. This section includes damage caused by trying to climb or crash into the curbs of sidewalks and pedestrian areas, as these are areas not considered 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.

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.

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

3.1. Our prices do not include

• Fuel in EASY and PEACE OF MIND modes. 1 tank of fuel included in the PREMIUM option
• Compensation for breakage or theft of personal items
• Damage caused to the vehicle or its components due to negligent use or driving of the vehicle.
• Damage to the side of the tire and/or rim due to negligent driving off-road.
• Driving off-road is expressly considered negligent use and damage caused by hitting curbs, stones, etc. located at the edges of the roads. Likewise, driving under any of the situations specified in point 1.4 is considered negligent use.

6.1 Modifications or cancellations before the start and during the rental

If the client has made the reservation directly with Top Auto Balear, the reservation can be cancelled free of charge up to 48 hours before the start of the rental.
It is also possible to modify the reservation, but the acceptance of the modification will be subject to availability and the rates in force at the time of the modification may apply.
If the client has made the reservation through an intermediary, they must contact them to manage the cancellation of the reservation.

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.

6.3 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.

6.4 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 customer arrives outside of business hours, Top Auto Balear will apply the ‘Out of business hours collection fee’ (€60.00).

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.

6.5 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.

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