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

The rental invoice will be made out in the name of the contract holder unless previously communicated otherwise, and can only be modified by requesting it prior to 5 days after the return of the vehicle.
Inspect the vehicle before moving it from the parking space and inform Top Auto Balear of any discrepancy regarding the state of the vehicle reported by Top Auto Balear personnel. Discrepancy both in terms of the list of accessories present in the vehicle and undamaged or incorrectly marked damage on the previously signed rental agreement.
Sign the ‘Out’ section of the agreement and the Annex “Vehicle Condition Control Report” as proof of acceptance of the vehicle’s condition upon pick-up. The signature on the rental agreement implies acceptance by the customer 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 on the contract will be considered new damage and will be charged to the contract holder. In case 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 corresponding to the replacement cost.
If applicable, handle the assembly of child seats or any other extra requiring installation. Top Auto Balear will not assume, under any circumstances, responsibility for the installation of accessories in the rented vehicle.

1.2 Obligations of the contract holder and authorized drivers during the rental period

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

• Alert Top Auto Balear to any sign of a technical fault in the rented vehicle: fluid levels (oil, water), tire pressure, etc.
• In case of accident/incident, breakdown, or mechanical failure, regardless of the cover contracted, follow the procedure established by Top Auto Balear:
  • Do not repair the vehicle without prior authorization from Top Auto Balear.
  • Request roadside assistance service according to the instructions provided by Top Auto Balear at the start of the rental.
  • Do not admit or prejudge responsibility for the event.
  • Do not abandon the rented vehicle without taking 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) 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 provided to the rented vehicle at the location of the incident, or, if the vehicle cannot be repaired on site, 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.
  • Furthermore, only in case of an accident/incident, the driver must properly fill out an accident report, hand it in at the Top Auto Balear office at the time of returning 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 duly completed accident report is not delivered or in case of negligence on the part of the customer, Top Auto Balear reserves the right not to deliver a replacement vehicle. Additionally, coverage may be invalidated and therefore the customer will be responsible for 100% of the damages present on the vehicle.

Additionally, coverage may be invalidated.

Top Auto Balear will process accident reports, advise the driver on how to act, and advise them in the event of suffering injuries and/or receiving court summonses.

• In case of theft or larceny 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 customer will be responsible for 100% of the vehicle recovery cost or its market price.
  • Notify Top Auto Balear of the theft or larceny of the rented vehicle within a maximum 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, they will be responsible for paying Top Auto Balear the total value of the vehicle.
• Respect traffic regulations. Violation of traffic laws is classified as an offense and the driver may incur fines and penalties established in applicable laws. Furthermore, in the event that the driver is issued a traffic fine during the rental period, Top Auto Balear will charge the contract holder for the fine management and administration service for each infraction/fine received (See more information in section 4).
• The customer is responsible for 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 in the opposite lane or driving in areas where there are no tracks or roads will be considered negligence, the coverage contracted will be invalidated, and the contract holder will be responsible for all expenses generated.
• 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 regarding the operation of the gear shift. Any damage caused to the vehicle as a result of an error in changing gears will be considered negligence, the contracted coverage will be invalidated, and the contract holder will be responsible for all expenses generated.

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

• Return the rented vehicle with its corresponding keys in the same working order in which it was delivered. In the event that the contract holder returns the rented vehicle in conditions other than those specified by Top Auto Balear at the time of pick-up in the contract, they will be responsible for the alterations produced and for missing documentation and accessories, and depending on the contracted coverage, may incur additional costs derived from breach of contractual conditions.
• If the contract holder has coverage contracted with their bank card provider or a third party, Top Auto Balear will charge the corresponding amount to the contract holder’s bank card provided at the time of rental payment, and the contract holder will be responsible for claiming this amount from their bank card provider or third parties.
• Follow the instructions received from Top Auto Balear for the return.
• Return the 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, they will remain responsible for the rented vehicle until Top Auto Balear can gain access to it.
• Return the vehicle at the agreed location, date, and time. Top Auto Balear makes active communication channels available to the contract holder (phone, WhatsApp, and email) in order to adjust the pick-up time. Although the rental price is based on 24-hour periods, the return time must adjust to or be earlier than the one specified in the contract. Any extension of the return time must be requested in advance and can only take effect with a affirmative written response.

• In case of late return of the rented vehicle (a return is considered late 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.
• Inspect the vehicle before returning the keys and make sure not to forget any personal belongings inside. Top Auto Balear will not be responsible for the loss or damage of personal items left or forgotten in the vehicle during or following the rental period. The contract holder is solely responsible for these items. If you forget any personal item, it 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 through a company/person designated for this purpose.

1.4 Additional obligations of the contract holder and authorized drivers whose non-compliance will invalidate the contracted coverage

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

The following cases of loss of coverage and rights are expressly detailed and communicated to the customer during the reservation process, highlighting key information so that the information can be checked for acceptance.

• Do not drive the vehicle under the influence of alcohol, drugs, or any other substance that could 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 affect driving. The mere fact of driving under the effects of any of the indicated substances will be sufficient cause for the contract holder to be held responsible for the damages caused, regardless of whether or not the influence of such circumstances in causing the damage has been proven.
• Ensure the rented vehicle is driven only by drivers expressly authorized by Top Auto Balear in the rental agreement.
• Do not drive the vehicle outside the island of Mallorca.
• Supply the rented vehicle with the correct type of fuel, which is indicated in the ‘Vehicle Details’ section of the contract and also next to the fuel cap of the rented vehicle. Fueling error will be considered new damage and will be charged to the contract holder.
• Do not put water or agricultural diesel into the fuel tank. The presence of water or agricultural diesel in the tank will be considered negligence and will be attributable to the contract holder.
• Do not drive on unauthorized or restricted roads. This section includes damages caused by attempting to climb or colliding with sidewalk curbs and pedestrian zones, as these are not considered roads.
• Do not travel with a greater number of people than permitted by law for the type of vehicle rented.
• Do not use the vehicle for public transportation of passengers.
• Do not use the rented vehicle for illegal activities.
• Do not participate with the rented vehicle in races, competitions, reliability tests, or speed trials.
• Do not use the vehicle for commercial purposes, courier services, or the transport of goods or passengers.
• Do not sublease the vehicle.
• Do not use the vehicle to tow other vehicles.
• Do not use the vehicle for transporting 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 treatment, special cleaning, and vehicle downtime costs.
• It is not permitted 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 up to 48 hours prior.
• Collision and theft damage to bodywork and glass exceeding the amount of the excess, which varies depending on the type of vehicle and is specified prior to booking. (The maximum amount paid by the vehicle driver for collision damage is the excess amount).
• Tire damage caused by wear and tear.
• Roadside assistance.
• VAT and taxes included.

Peace of mind. All-inclusive Zero Excess

• Unlimited mileage.
• Second driver included.
• Full/Full Fuel Tank.
• Free cancellation up to 48 hours prior.
• Possibility of pick-up and drop-off outside office hours.
• Collision and theft damage to bodywork.
• Damage to the tire tread caused by any element found on the road.
• Glass / Windows.
• Roadside assistance.
• VAT and taxes included.

3.1. Our prices do not include

• Fuel under EASY and PEACE OF MIND options. 1 tank of fuel included in the PREMIUM option.
• Compensation for loss or theft of personal belongings.
• Damage caused to the vehicle or its components due to negligent use or driving.
• Damage to the sidewall of the tire and/or rim caused by negligent driving off-road.
• Theft of the vehicle.
• Negligent use is expressly considered driving off roads or areas specifically intended for vehicles. This may cause damage to the roof or underbody of the vehicle. This point includes damage from hitting curbs, stones, etc., located at the edge of the roads. Likewise, driving under any of the situations specified in section 1.4 is considered negligent use.

5.1 Restrictions and considerations regarding payment

• Prepaid cards are not accepted.
• Payment via smartphone, check, or bank transfer is not accepted.
• The holder of the bank card used to pay for the rental must be present at the time of payment. If the cardholder is not the contract holder, the cardholder will sign a specific authorization allowing all charges attributable to the contract holder arising from it to be billed to their card.
• The payer will be responsible for knowing their bank card PIN if paying with a card that uses this technology.
• The payer must ensure that their bank card has sufficient funds at the time of vehicle pick-up to make the rental payment with all options contracted and, if applicable, pre-authorize the deposit amount corresponding to the rented vehicle group.

5.2 Accepted payment methods and fees according to payment method

Accepted payment methods differ depending on whether it is for rental payment or the fuel deposit.

• PAYMENT OF THE RENTAL AMOUNT:
• Cash: No commission
• Credit or debit card Eurozone: No commission
• Credit or debit card Non-Eurozone in local currency: No commission
• Credit or debit card Non-Eurozone in € Euros: 2% Commission
• American Express Card: 2% Commission
• GUARANTEE DEPOSIT:
• Credit Card or American Express: Pre-authorization No commission.
• Debit Card: 2% Commission (The deposit amount is refunded, not the commission)

5.3 Possible fees according to bank card type

Accepted payment methods differ depending on whether it is for rental payment or the fuel deposit.

5.4. Our prices do not include

• Fuel
• Compensation for loss or theft of personal belongings
• Damage caused to the vehicle or its components due to negligent use or driving
• Additional extras
  • GPS
  • Child seats
  • Young driver surcharge (ages 19 to 24 inclusive)
  • Travel/delivery surcharges.
• Potential charges post-vehicle return resulting from misuse or negligence:
  • Charge for new damage (exterior and interior) present on the vehicle
  • Charge for loss or misplacement of accessories and damage to accessories
  • Charge for loss or misplacement of documentation
  • Charge for damage, loss, theft, or burglary of keys
  • Charge for fueling error
  • Charge for special cleaning
  • Charge for smoking inside the vehicle
  • Charge for driving outside authorized territory by Top Auto Balear
  • Charge for late return of the vehicle
  • Charge for abandonment of the rented vehicle
  • Charge for returning the rented vehicle in a public parking lot without express authorization from Top Auto Balear
  • Fine management and administration charge (does not include the price of the fine)

6.1 Modifications or cancellations before the start and during the rental period

If the customer made the booking directly with Top Auto Balear, free cancellation will be allowed up to 48 hours before the start of the rental. It is essential to send an email requesting cancellation or modification to: reservastopautobalear@gmail.com and wait for an acceptance reply.

Modifying the reservation will also be permitted, but acceptance of the modification will be subject to availability, and rates current at the time of modification may apply.

If the customer made the booking through an intermediary, they must contact them directly to manage the reservation cancellation.

6.2 Replacement due to accident/incident, breakdown, or mechanical failure.

In case of an accident or breakdown, Top Auto Balear reserves the right to replace the vehicle, subject to availability at all times, and may refuse replacement if Top Auto Balear considers that the changes caused to the rented vehicle were due to failure to comply with or breach of the obligations and conditions established in this rental contract previously accepted by the tenant, high claim history of the tenant, or any other circumstance that by law gives entitlement to do so.

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

If it is possible for the contract holder to drive to the office to perform the replacement, they must arrive at the office with a full tank of fuel.

It is mandatory for the contract holder to be present at the time of replacement and present their national identity document, passport, or equivalent document as proof of identity.

6.3 Unfulfilled Rental / No-Show

If the customer does not show up on the agreed date and time without carrying out the cancellation process, Top Auto Balear will not refund the reservation amount, and if it has not been paid yet, will charge an amount corresponding to one day of contracted rental plus a €60 penalty fee.

If the customer arrives to pick up the vehicle more than 3 hours late, the rental of the vehicle will be subject to availability.

6.4 Late Pick-up of Vehicle

If the customer experiences a delay of more than one hour, they must notify the delay to Top Auto Balear via email at topautobalear@gmail.com or via phone by calling (+34) 628655886 or WhatsApp, indicating the new pick-up time. If the reservation holder does not inform Top Auto Balear about their flight delay, Top Auto Balear cannot guarantee the vehicle pick-up service.

Customer service hours are from 8:00 to 22:00 Monday to Sunday.

If the customer arrives outside customer service hours, Top Auto Balear will apply the Out-of-Hours Pick-Up Charge:

• Between 22:00 and 00:00 a €60 surcharge per service.
• From 00:00 onwards an €85 surcharge per service.
• Office closing days when out-of-hours delivery fees will also apply:
• December 25th and January 1st, €60 will be charged between 8:00 and 0:00 h.
• On December 24th and 31st, the €60 out-of-hours delivery charge will apply from 17:00 to 0:00 h.

If the vehicle is picked up at the airport, the reservation holder has a 40-minute window to present themselves at the agreed location after their flight lands.

6.5 Early Vehicle Return

In case of early return of the rented vehicle, Top Auto Balear will refund 50% of the amount corresponding to the rental of unused days, according to prices confirmed in the booking.