PROTUR CAR, S.L., from herein the Lessor, leases to the Lessee, whose particulars and signature appear on the contract, the assigned vehicle in accordance with the clauses and conditions that are established below and which the Lessee accepts by signing the contract and which he/she undertakes to fulfil.

1 – RESPONSABILITY: The rental vehicle may not be driven by any person other than the Lessee or the second driver if one is stipulated in the contract. The vehicle may not be used in races, rallies, or any other competitions, or in training sessions for these. It may not be driven on airport runways, airport service roads or associated areas. The Lessee may not drive the vehicle or use it or let it be used: a) if he/she is under the influence of drugs, narcotics, alcoholic beverages or if his/her mental faculties are altered in any way, b) without the appropriate permit or licence, c) to push or tow any vehicle or any other object, whether the object has rolling parts or not, d) to transport goods, e) to transport  paying passengers.

 

The Lessee may not commit the offence of failing to render assistance, but only with regard to the consequences that the traffic accident has for the perpetrators, accomplices or accessories of the offence.

2 – USE: The leased vehicle may only be used to transport passengers, and the number of these may not surpass the number indicated in the vehicle’s Technical Inspection Sheet, and the Lessee will be responsible if he/she is apprehended for transporting any smuggled articles, stolen goods, or goods of a dubious origin. It may not be driven in any way that contravenes traffic regulations. The vehicle that is the object of this contract may only be driven on the island of Majorca, unless there is written authorisation from the Lessor to the contrary. In the event that the Lessee fails to comply with any of the conditions stipulated in sections 1 and 2, the Lessee will be liable for any resulting damages and the Lessor may repossess the vehicle at any time without giving prior warning and without reimbursing any sum of money.

3 – CHANGE OF VEHICLE: A rental vehicle will only be changed (depending on availability) or sums of money refunded in the event of technical problems with the vehicle and never as a result of an accident or negligence on the part of the Lessee. In the event that the Lessee wants to bring forward the return of the vehicle, he/she must inform the Lessor giving at least 24 hours notice. If not, he/she will be charged for an additional day’s rental.

4 – FUEL: The vehicle is handed over with a specific level of fuel at the time of rental, and the Lessee must return the vehicle with the same level of fuel as when it was handed over. No money will be refunded for fuel, except where there is a technical problem with the vehicle. Filling the vehicle up with the wrong fuel is the Lessee’s responsibility and he/she must pay all costs caused to the Lessor in order to restore the vehicle to proper working order, including transfer of the vehicle to the garage.

5 – REPAIRS: The Lessor will not reimburse the client for any repairs, or for any type of expenditure made on the vehicle by the Lessee, without prior authorisation.

6 – INFRACTION OF TRAFFIC REGULATIONS: The Lessee accepts full responsibility for any fines or any other consequences deriving from the infraction of traffic regulations, orders and parking prohibitions during the rental period.

7 – ACCIDENTS: The Lessee must inform the relevant authorities and the Lessor of any traffic accidents, damages or theft as soon as possible. He/she must not admit responsibility or culpability in the event of an accident. He/she must fill in the details required in the section of the contract. The costs of transferring the vehicle to the garage indicated by the Lessor will be the responsibility of the client.

8 – PERSONAL GOODS: Neither the Lessor nor the insurance company will take responsibility for the theft, damage or loss of personal belongings, luggage, or objects during the rental period or once the vehicle has been returned.

9 – DURATION: The rental period is from 08.00 to 20.00 of the same day. In the event of a rental period of 2 days or more, this period will end at 20.00 on the last day of the rental period. In the event of non-compliance, the Lessor may repossess the vehicle without prior warning, and the Lessee must pay for an extra day or extra days, depending on the recovery of the vehicle by the Lessor.

10 – INSURANCE: This includes obligatory and voluntary civil responsibility up to 50,000,000 € per accident, including occupants, except the driver, and, of course, except if any of the prohibitions described in section 1 are applicable.

11 – BODILY INJURIES TO THE DRIVER: Included in accordance with the conditions and limitations stipulated in the vehicle’s policy. Not included if any of the prohibitions described in section 1 are applicable.

12 – DAMAGES TO THE RENTAL VEHICLE: The car is hired under FULLY COMPREHENSIVE cover, whereby the car hire company exempts the person hiring the vehicle from all responsibility for any damages that may occur to the hired vehicle, providing the person hiring the vehicle has not breached any condition set out in the hire contract, sections 1 and 2, or any other legal requirement or regulation currently in force. The Lessee declares that he/she has examined all elements of the rental vehicle to his/her satisfaction, including the engine, steering, bodywork and tyres, and therefore expressly declares that the Lessor is not liable for any misfortune, inconvenience, delay or difficulty caused to the Lessee as user of the vehicle in question, either to the Lessee personally or to his/her occupants. Nevertheless, if there is an unforeseeable mechanical failure resulting from causes that cannot be attributed to human intervention, both Lessee and Lessor will be exempt from any liability. If the inappropriate use of the vehicle and its mechanical parts, or the loss of or damage to the keys can be attributed to the Lessee, the latter will be liable for damages, and likewise if any of the prohibitions in sections 1 and 2 are applicable.

13 – LEGISLATION AND JURISDICTION: This contract will be governed and interpreted in accordance with the laws of the country in which it has been signed. Any incidents that arise as a result of non-compliance with any of the clauses of this contract will always be subjected to the jurisdiction of the courts of Palma de Mallorca