Paguera / Mallorca
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Terms and conditions

Terms of the contract

The use of the vehicle and participation in Quad tours are in compliance with the following regulations. The hirer/tour participator must have read all terms of the contract and sign to indicate he/she has understood and accepted the terms and conditions.

1. Driving license

The minimum age of driving is 18 years with supervised tours and 25 years when driving unsupervised. The hirer/tour participator must show proof of a valid driving license and is required when driving to carry the driving license with them at all times. The vehicle must only be driven by the hirer/tour participator and under no circumstances be passed on to someone else. If the vehicle is driven by an unauthorized person or the hirer/tour participator is under the influence of drugs, alcohol, medicine, tiredness or any other influences that could affect the ability of driving, the hirer/tour participator accepts full responsibility for any damage that is caused. The hirer/tour participator confirms that he/she has basic knowledge of how to drive a Quad. Possible, physical not easy visible interference that influence the fitness to drive (illnesses, disabilities, limitations, etc.) must be informed to the lender before the start of the tour/rental period. The hirer may only use the vehicle in accordance and agreement of these terms. The property of the vehicle and the component parts always remains with the lender/tour guide. It is specifically forbidden to the hirer/tour participator to further rent, sell or auction of the vehicle to other person/parties. The contract is used as identification of driving allowance. The hirer is responsible to carry the contract with him/her at all times. While driving the vehicle, it is a rule that driving an ATV/Quad requires the wearing of a safety helmet. The safety helmet is provided by the lender.

2. Handing over and return

The lender hands over the vehicle and its component parts in optical and technical perfect condition. The hirer must inspect the vehicle about its road safety and functionality before use and is bound to communicate directly to the lender if there are any signs of defect. At the end of the tour/rental period, the vehicle and its component parts must be returned in the same condition as they were handed over. The hirer/tour participator will be charged a bill should damage of the vehicle through reckless/irresponsible driving be identified. During the rental period, should repairing be necessary to ensure the road safety of the vehicle, the hirer can carry out reparation of up to 30 Euro. Bigger or more serious reparation may only be carried out with the consent of the lender. The reparation cost is to be paid from the lender only if a receipt has been provided and that there is no proof that the damage has been caused through reckless/irresponsible use of the hirer. Hirers are solely responsible for the cost of flat tires.
The lender cannot be made responsible for further transportation in any direction of the hirer and their rented vehicle if there is a failure/defect of the vehicle or accident. In addition, the lender is not responsible for proving a replacement vehicle. The vehicle must be returned fully fuelled. Should the vehicle not be fully fuelled, the lender reserves the right to charge a fee of 40 Euro for further petrol/compensation. The fee will be deducted from the deposit. It is prohibited to open or manipulate lead or sealed parts of the vehicle.

3. Insurance

Insurance for drivers and passengers depends upon the hirer/tour participator. The lender is not under any circumstances responsible for claims through accident, hospital stay and medical fee. The hirer/tour participator includes the following insurances: legal third party/personal liability insurance and fully comprehensive insurance with an excess/own contribution of 750 Euro per event of damage at guided tours, i.e. of 2000 Euros per event of damage when hiring independently.  Theft is not insured. The following are not insured as well: Tire damage and damage to the wheel rim.

4. Responsibilities and liabilities of the hirer/tour participator

The tour participator confirms with signature that he/she is fully aware of the danger and risk participation could indicate. The lender takes no responsibility and cannot be made liable for any theft or damage of personal goods/valuables of the hirer/tour participator. The hirer/tour participator is obligated to handle the vehicle with care and is to be reminded to drive in an acceptable and safe manner at all times. Furthermore the hirer/tour participator must follow the traffic regulations and comply with street signs, additionally must consider the advice or tip of the lender/tour guide. Failure in obeying the regulations above makes the hirer/tour participator liable in adverse to the lender for any damage or failure of the vehicle, as long as the hirer/tour participator does not show proof that the damage was caused through reckless driving/behaviour of the lender.

The hirer/tour participator is liable in this case for any damage/harm they inflict on themselves or any other third party and cannot hold the lender responsible to any degree. Failure to comply with the terms of use, i.e. instruction of the lender, will result in allowing the lender to proceed with immediate termination of the contract before the start of rental time or during the rental period or exclusion of the tour participator from the tour. From this moment onwards, the lender, or his representative, has the right to withdraw the vehicle from the hirer/tour participator. In this case, the lender reserves the right to keep the agreed rent as a form of compensation and reserves the right to claim any further expenses and continuing cost. The liability of the lender is in accordance with the contract and is permissible with the law up to a maximum of the rental price, i.e. the tour price limited. Further requirements of the hirer/tour participator in contrast with the lender are excluded.

5. Prohibited use during rental time

The following shows the vehicle must not be used in combination with:

a) participation in motor events/test drives/racing events

b) not to be driven on non-asphalting roads, streets or pathways

c) not to be driven on streets, roads and premises where through street signs it indicates that further entering or driving through is prohibited

d) not to come in contact with customs or commit any other offences

e) not to carry any explosive, toxic, radioactive or any other substances of any kind.

6. Rental price and method of payment

The hirer/tour participator must pay the rental price in advance before the first use of the vehicle.

7. Reservation / Cancellation

The vehicle or the Quad tours can be booked personally, via telephone or email. The contract/Quad tours will be processed via telephone, in writing or once an appointment has been agreed on with the hirer/tour participator. After completed reservation, should the hirer/tour participator want to submit cancellation, i.e. cancel the service, the following part/share of the total cost is payable:

up to 21 days prior to start of the tour / start of hiring 20 %

up to 14 days prior to start of the tour / start of hiring 40 %

up to 7 days prior to start of the tour / start of hiring 60 %

up to 2 days prior to start of the tour / start of hiring 80 %

up to 1 day prior to start of the tour / start of hiring 100 %

If the vehicle is returned before the end of the agreed renting time, the fully agreed price is to be paid. There are no part refunds of the rent price.

8. Deposit

At exchange of vehicles to the hirer, a refundable deposit of 1500 Euro must be paid. The deposit can be paid in cash or charged on the credit card (check in advance if your card is accepted). The deposit will be confirmed in the contract along with the condition of the vehicle prior to first use. If the vehicle is returned undamaged, clean and the fuel is filled up, the deposit will be fully returned. Should there be any sign of damage, neglect or any other unsatisfactory conditions of the vehicle, the lender reserves the right to charge a fee depending on the severity of the damage, meaning that money will be deducted from the deposit.

9. Fine / Ticket / Multas

If the hirer/tour participator receives a fine/ticket/Multas, he/she is fully responsible and will be charged. The lender must be informed immediately. Should the hirer/tour participator received a fine/ticket/Multas and does not settle the balance; the lender will reserve the right to charge a handling fee of 150 Euro in relation to the fine/ticket/Multas. Subject to other charges.

10. Applicable law/ Court of jurisdiction

The agreement is in compliance with the material Spanish law but excludes conflict rule. Exclusive court of justice is Palma de Mallorca / Spain.

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