19th Ave New York, NY 95822, USA

TERMS AND CONDITIONS OF AGREEMENT

Through this contract Hiper Rent a Car SA rents the vehicle described to the lessee under set terms and conditions. The lessee, on signing this contract, agrees to the clauses which have been read and explained to the lessee in his or her own language, and is bound to said terms and conditions.

FIRST ARTICLE

USE AND STATE OF VEHICLE: The lessee acknowledges the fact that he or she receives the vehicle in perfect mechanical condition and with the appropriate tools, tyres and accessories and undertakes to keep it in good condition. He or she is also bound to:

  • Not transport persons or merchandise or use it for any other kind of activity that implicates sub-leasing the vehicle.
  • Not allow other persons to drive it other than the lessee or specifically authorised persons as shown on the present contract.
  • Not drive the vehicle in inferior physical conditions caused by alcohol, drugs, fatigue or illness.
  • Not use the vehicle for pushing or towing other vehicles or trailers.
  • Not use the vehicle to participate in races, sport events or to carry out material resistance tests.
  • Not take more passengers than those specified by the manufacturer or permitted by the law.
  • To park the vehicle appropriately and in safekeeping when not in use.
  • The vehicle may not be transported outside the Balearic Islands without the prior written authorisation of the lessor.
  • Not drive outside the national roads, highways or on any unsuitable terrain, as damage to the underside of the vehicle or mechanical component as a result of bad driving is specifically excluded from SCDW insurance coverage.
  • Stop the vehicle as soon as possible when any light comes on indicating an anomaly in its function. In this case the lessee must contact the lessor so that they can make suitable arrangements. No repairs will be reimbursed without prior authorisation from the lessor.

SECOND ARTICLE

PRICE, PERIOD OF HIRE AND VEHICLE RETURN:

The price of the hire is reflected on the contract corresponding to category and CURRENT TARIFF (in reference to service, taxes and insurance, or optional liability.) said price agreed with lesser at the moment of signing the contract depending on selected price. The price of the hire includes, cost of compulsory vehicle insurance and collision damage waiver (CDW) with corresponding taxes. Also, in case lessee has contracted, price does include optional insurances, such as SCD. The hire period will be valid from the day and time indicated on the contract. The vehicle must be returned to agreed location, on the date and time indicated. If said time limit is exceeded the customer must pay 11 Euros per fraction equal or superior to an hour. If the lessee wants to renew the contract, he most get the authorisation from the lesser  before ending the actual contract. We understand authorisation as a new contract and the lessee is obliged to go to any of our offices to make the renewal. This renewal can be denied depending on availability.

THIRD ARTICLE

PAYMENT: The lessee undertakes to pay the lessor:

  1. The price of hire which will be that corresponding to the vehicle and current tariffs at any given moment. The rental is to be charged to a credit or debit card, the signature constitutes acceptance and authorisation of the lessor to charge the total final amount to the lessee’s account held with the banking institution that issued the card.
  2. The charges corresponding by exemption to the lessee for total or partial responsibility for damage caused to the vehicle as a result of collision or theft, for additional Insurance charge for bodily harm (PAI) and theft of personal property and any other additional charges stipulated.
  3. Any expenses incurred by the lessee claiming payment due as a result of this contract.
  4. The total amount of any type of fine, legal and extrajudicial costs arising from infractions against Road Safety Law given to the vehicle, the lessee or the lessor during the valid contract period unless they have arisen due to the fault of the lessor.
  5. The costs for damage repairs caused by collision, overturning or breakdown of said vehicle, or damage to the lessor due to theft, determine however that if said vehicle is being used in accordance with the terms of this contract, the responsibility of the lessee will not exceed the excess specified according to different vehicle models. If the lessee contracts the SCDW he would be exempt from this excess payment due to damage, breakdown or theft excluding the coverage of the insurance specified on this contract.
  6. The amount or difference in value of any spare wheel, tyre, tools, convertible roof, radio system or key that may be missing from the vehicle at the end of the contract. It is specifically stated that any missing or substituted article is not covered by any insurance policy, the lessee being responsible for it.

Likewise the loss or breakage of the key and loss of the documents will be correspondingly charged for as damages caused to the lessor.

  1. The quantities corresponding to fuel.
  2. The costs of transfer and repair to the vehicle as a result of use of unsuitable fuel.
  3. All taxes of any kind, which are payable on provided services.

The penalisation corresponding to not completing, in the event of an accident, the friendly settlement declaration or accident report form. Lack of said form, as of the full details of the other party involved, will render the CDW and the SCDW ineffective. Likewise, in the event of theft of the vehicle, if the corresponding report has not been made to the suitable authorities, the TP and the super CDW will be rendered ineffective

FOURTH  ARTICLE

INSURANCE:

Only the driver or drivers specifically accepted by the lessor are insured

  • The lessee, and any driver of the vehicle authorised in accordance with article 1 above, participate as the insured in an automobile insurance policy a copy of which is available to the lessee in the lessor’s headquarters. Said policy covers civil responsibility and damages to third parties in accordance with the current legislation of the country where the vehicle is registered. (CDW)
  • The lessee declares he or she agrees with said policy and undertakes to observe its clauses and conditions.
  • In the general tariff currently valid a quantity is established apart from the rental and basic third party insurance(CDW) other optional insurances:

SCDW is an optional service provided directly by the lessor. Exemption from excess payable by lessee, for damage to or loss of the vehicle not covered by CDW or TP, with the exception of clauses numerated in this contract.

PAI (Personal accident insurance) – medical assistance and compensation for death and/or permanent disability.

TP partial exemption from responsibility in the event of partial or total theft of the vehicle and damage caused to it by vandalism.

  • The guarantee does not cover clothes and/or objects transported.
  • The insurance is issued for the time of hire alone, in accordance with this contract. After this period and unless there is a specifically accepted renewal, the lessor accepts no responsibility for accidents or damage the lessee may cause, for which the latter alone will be responsible.

If the driver is not in a normal state due to alcohol or drug consumption or   other reasons, the lessee and the driver will jointly be the sole persons liable for any damages which may be caused to the lessor, even though the lessee has contracted the CDW, PAI and TP insurance types, they will not cover material damage to the vehicle or physical harm to the driver, lessee and passengers, or any other kind of damage caused as a result of careless driving or which infringes the commitments undertaken in article 1 of this contract.

FIFTH  ARTICLE

FUEL

The fuel consumed during the valid contract period will be payable by the lessee, the lessee must refuel the vehicle with the appropriate fuel. In case of refueling the vehicle with the wrong fuel, or contaminated fuel containing water or other components, the Lessee shall be responsible for expenses incurred for the repair of damage caused to the vehicle.  Also in such cases, the Lessee shall pay Lessor the respective lost days profit for the immobilization of the vehicle.

SIXTH  ARTICLE

ACCIDENTS:

The lessee undertakes to inform the lessor of any accident and to collaborate fully both with the lessor and the insurance company in the defence of any claim and trial.

The lessee will take the following steps at the time of the accident:

  1. Not recognise or pre-judge responsibility of the accident except in the friendly settlement declaration.
  2. obtain full details of the other party, complete the traffic accident friendly settlement declaration or accident report, and witnesses, which he or she will send along with the accident details (how, place, time, etc…) urgently to the lessor, communicating by telephone in the event of serious accident.
  3. notify the authorities immediately if the other party is to blame.
  4. not to leave said vehicle without taking suitable steps to protect and safeguard it.

In the event of the lessee failing to comply with any of these measures, the lessor can claim damages from the lessee due to the latter’s negligence, even in the event that he or she has agreed to buy the vehicle accident insurance (SCDW) which will be rendered ineffective in this case. Likewise in the case of an accident caused by the lessee, the latter will pay for the pick-up vehicle and journey, and in the event of his or her requiring another vehicle a new contract must be signed, without reimbursement (both for return and for compensation) for the fuel or days of hire left on the previous vehicle.

In case of accident and lessee is at fault, the lessor reserves the right to change the vehicle for another one, even though the contract is not finished, without reimbursement of days left on the contract.  Lessee will be charged for used fuel.

SEVENTH  ARTICLE

THEFT:

In the event of theft of the vehicle the lessee is bound to present the corresponding report of theft to competent authorities, and hand it over along with the keys to the lessor. On the contrary the insurance coverage contracted will have no effect.

EIGHTH  ARTICLE

DATA PROTECTION (LORTAD – ORGANIC LAW ON DATA PROTECTION):

In accordance with the provisions of the GDPR EU 679/2016 and Organic Law 3/2018 of 5 December (Data Protection and Guarantee of Digital Rights: LOPDPGDD), you are provided with the following data protection information: RESPONSIBLE / MANAGER: HIPER RENT A CAR S.A., Fiscal ID code: A07132046, Address: CAMINO CAN PASTILLA Nº41, CP: 07610 PALMA DE MALLORCA, Telephone: 971269850, Email address: contacto@hiper-rentacar.com. Data protection officer: contact: / http://www.protecmir.com / e-mail: protecmirlegal@protecmir.com. PURPOSE: At HIPER RENT A CAR S.A. we process the information you provide us in order to provide you the requested service, prepare the invoicing for this service and manage the sending of information and commercial research. Your personal details will be retained while they remain useful for the purpose indicated, and in any event for the legally established periods and for the time needed to address any possible liabilities resulting from said processing. LEGAL BASIS: Personal data processing is based on the performance of a contract, to comply with a legal obligation and on your consent, in accordance with the provisions of the General Data Protection Regulation GDPR EU 679/2016 (Art. 6.1. A. B. C) and Organic Law 3/2018 of 5 December on Data Protection and Guarantee of Digital Rights: (LOPDPGDD). Articles 20 and 21 of the Information Society Services Act 34/2002, for the use of telecommunications to send commercial offers, shall apply. RECIPIENTS: Your data will not be shared with third parties unless it is a legal requirement to do so. . Likewise, your data may be transferred to third parties, when this transfer is necessary to provide the contracted service. Your data may also be transferred to the competent public Administration to comply with the applicable legal obligations. No data is expected to be transferred to third countries. RIGHTS: You may exercise your rights of access, rectification, cancellation, data portability and opposition to your data being processed, and not to be subject to decision making based solely on automated processing of your personal data. You have the right to file a complaint with the Regulatory Authority: The Spanish Agency for Data Protection (www.agpd.es).

NINETH  ARTICLE

MAINTENANCE AND REPAIRS

The normal wear and tear of the vehicle will be covered by the lessor.  If the vehicle is immobilized due to mechanical breakdown or accident the lessee must contact the lessor.  We will only accept repair invoices from the lessee in cases of emergency which have been previously authorized by the lessor.   The lessee is not authorized to order reparation of the vehicle.

TENTH  ARTICLE

RESPONSIBILITY

As long as the lessor takes due precautions and does everything necessary for its prevention, he or she will not be held responsible for the vehicle’s mechanical defects due to normal wear and tear of it, or for expenses arising from delays and damages caused in any way as a result of said defects or breakdowns. On the other hand the lessee will be responsible for the charges corresponding to damage or deterioration caused by improper or negligent use, as well as failure to fulfil any of the terms of the general conditions, in which case the insurance cover contracted will be rendered ineffective.

ELEVENTH  ARTICLE

PURCHASING PROCEDURE.

If you are under 18 years of age, you may not book any of the services on the www.hiperrentacar.com website. To acquire any service on the website, you must be 18 or over.

Services must be purchased through the specific selection of the service desired by means of the purchase selection instruments found on the website. Once the purchase request has been selected and verified, you must expressly accept the contract conditions as shown on the website. From the moment of acceptance, you acquire the status of customer/user of the company/entity. We recommend that you read these General Terms and Conditions carefully, and print them on paper or save the document in electronic format.

In order to purchase any of the services on the website, you are required to register your personal and/or professional details. In some cases, you will have to set up a username and password that will allow you to access areas that require prior identification. When you register your personal data on our website, or when you book one of our services, your personal and/or professional data are incorporated into our database, and will be used exclusively to process the sale of the service during the selected period and to send you information about services offers similar to those you have purchased that may be of interest to you. At any time, you may modify your customer registration details (address, contact telephone number, email address, etc.).

Purchase procedure:

1.- To purchase a service from the website, you must follow the instructions on the page and select the service you wish to purchase.

You will be able to view and control the services selected by following the booking instructions on the website. When selecting the service on the website, you will be able to view the characteristics of the service and its price. We will also specify whether or not VAT is included in the final price of the service selected, and the terms and conditions, including information regarding shipping costs. VAT is included.

Once the selection of services is complete, you will proceed to payment. Before confirming payment, we will inform you again of the price of the services that you have selected, specifying whether or not VAT is included in the final price of the service selected, the contract conditions, including information regarding the date when the services will be provided, and in case of additional expenses, we will indicate the corresponding amount. In any case, you will be informed of the costs of the services that you have purchased in the event that these are not included in the final price of the services selected.

You will also receive information regarding the possibility of applying discounts. At this point you will be able to continue shopping or make the payment and/or contracting.

2.- To make the purchase and payment of the service you will fill in a form with the data requested. The data that are mandatory to proceed with the purchase and payment will be marked with an asterisk. A delivery address will need to be specified.

Once the mandatory personal data of the order and payment form has been implemented, accept the terms and conditions of the order and payment by ticking the corresponding box. You must also expressly accept the processing of your personal data for the purpose of purchasing and/or booking the services on the website by ticking the privacy policy and personal data processing box.

You may also request, by ticking the corresponding box, to receive newsletters and offers from the company/entity. And confirm the billing address.

3.- The form of payment accepted by the company/entity is:

  • Visa
  • Master Card
  • American Express

4.- The security of its customers is essential for the company/entity […]. Therefore, in order to protect the transmission of confidential information, the website has a data encryption protocol with an SSL Security Certificate. SSL encryption technology protects financial transactions and the flow of data (name, address, credit card number, etc.), allowing transactions to be carried out securely. For payment with Visa and Mastercard credit cards, the customer is required to have CES (Secure Electronic Commerce) payment activated. You can tell whether the Secure Electronic Commerce protocol is activated by the VISA “Verified by VISA” and Mastercard “Mastercard Secure Code” logos. In all transactions the system conducts a validation with the issuing bank of the card with which you are paying, asking for a key / PIN / signature / security code that the customer must have, and that together with the card number, expiry date and the 3 digits on the back guarantee the security of the transaction. We call this key / PIN / signature / security code the CES Security Code or CES Secure E-Commerce Code. The customer’s credit card details will be absolutely confidential (neither the company/entity nor third parties will be able to access them).

In the event that payment by credit card is refused, the purchase of the service will be automatically cancelled and the customer will be informed of the cancellation by electronic means.

5.-  Finally, you must confirm the contracting and/or purchase of the services selected.

TWELFTH ARTICLE

RIGHT OF WITHDRAWAL

The right of withdrawal of the user/consumer, provided for in article 68 of Royal Legislative Decree 1/2007, of November 16th, is not applicable in this contract, since it is a service included in the exceptions to the right of withdrawal of consumers and users regulated by art. 103 of Royal Legislative Decree 1/2007, of November 16th.

Cancellation conditions:  The withdrawal and/or cancellation conditions are specified in the contracted service.

THIRTEENTH ARTICLE

JURISDICTION

These general conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. The parties submit to the jurisdiction of the competent Courts and Tribunals for any questions that may arise or actions that may be brought as a result of the provision of the website service and its services and contents, and regarding the interpretation, application, fulfilment or non-fulfilment of the provisions of these general conditions. If the user is considered to be a consumer, the competent Courts and Tribunals will be those provided for in the provisions of current legislation governing consumer protection.

In addition, we remind you that you can access the European Union’s online dispute resolution platform by following this link. (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show).