The present GENERAL CONDITIONS OF VEHICLE RENTAL (hereinafter, "General Conditions") will regulate the contractual relationship between MOOV Rent-a-car (Tomitni Cars, S.L.) (hereinafter, "Lessor") and the paying customer (hereinafter, "Lessee"), by virtue of which the Lessor grants the Lessee the use of a vehicle (hereinafter, "Vehicle") for the period, price, and other conditions stipulated by the parties in the signed rental agreement (hereinafter, “Contract").
In case of any discrepancy between the content of any point in the General Conditions and that of the signed Specific Conditions between the parties, the latter shall prevail.
lt is the responsability of the Lessee to carry at all times and in a visible place in th evehicle the document or label corresponding to the current contract.
1. Object of the contrato: The rental without driver of the Vehicle described in the Specific Conditions of the Contract for the private transportation of passengers and their luggage, complying with all the General Conditions established in this document.
2. Rental period: delivery (Check-Out), return (Check-In), and extension: The minimum rental period will be 1 day (24 hours), and the maximum will be determined in the Contract. Rental days will be calculated in periods of 24 hours, with MOOV Rent-a-car granting a grace period of 60 minutes from the date and time of the Vehicle's Check-In as stipulated in the Contract.
Failure to comply with the above period will empower the Lessor to charge the rental amount from the contract's end until the return of the Vehicle, according to the Current Rate, mileage, damages, and a penalty for the economic damages caused, with this amount increasing each day from the date the Check-In should have been carried out until the return or recovery and preparation of the Vehicle.
If the Lessee abandons the Vehicle, in addition to the mentioned charges, a recovery fee of €250 plus all expenses and costs related to its recovery would be charged.
In case of early Check-In, no amount from the price agreed upon in the Contract will be refunded to the Lessee, as it is considered a unilateral termination of the Contract by the Lessee.
If the Lessee violates any of the points established in the General or Specific Conditions set out in the Contract, the Lessor reserves the right to withdraw the Vehicle from the Lessee at any time, and the Lessor may request damages.
For operational reasons related to Vehicle inspection, the Lessor reserves the right to replace the Vehicle with another of similar characteristics at any time. Check-Out and Check-In will take place at MOOV Rent-a-car facilities, within the deadlines and terms stipulated in the Specific Conditions of the Contract. MOOV Rent-a-car offers the possibility of the Lessee performing the Check-Out and Check-In of the Vehicle in other locations by prior agreement, according to the conditions and restrictions of the service, indicated on our website and those established in point 16, within the same deadlines and terms stipulated in the Specific Conditions of the Contract. If the Check-In is not performed or the Vehicle is abandoned, the Lessee will be charged the additional cost of the Vehicle recovery fee plus all expenses and costs derived from the recovery, along with the overdue rental days, according to the Current General Rate, established on the lessor's website or facilities in the periods from the moment established in the Contract as Check-In until the effective recovery and preparation of the Vehicle.
2.1. Contract extension: The Lessee must expressly and in writing notify, appearing at the MOOV Rent-a-car office where the Contract was made at any time before the end of the rental period stipulated in the Contract, or at any other MOOV Rent-a-car facility,
The minimum extension period will be at least 1 day (24 hours), which can be extended according to the Specific Conditions of the Contract and the contracted Vehicle. In no case can the initial Contract price be used for an extension.If the Lessee wishes to keep the Vehicle for a longer time than initially agreed, they must obtain prior express authorization from the Lessor and immediately pay the additional amount for such extension, with the price applicable to the rental extension period indicated in the Current General Rate, established on the lessor's website or MOOV Rent-a-car facilities or other means it considers.
The Lessor reserves the right to deny extension requests for operational reasons. The use of the Vehicle after the end of the lease period or its extension will be considered unauthorized use for the purposes of point 12 of this contract, and a complaint for misappropriation will be filed.
3. Driver(s): The Lessee and additional drivers must be at least 18 years old, hold a valid driver's license, and must present a valid European ID or Passport, both documents valid throughout the rental period, legible, and in good condition, and accepted by Spanish legislation.
4. Vehicle maintenance: The Lessee receives the Vehicle in optimal condition and must keep it in good condition, not allowing any modifications, neither external nor internal. If any modification is made, the Lessee will be charged for restoring it to its original state, plus possible damages and losses.
Repairs in the workshop or replacement of parts can only be carried out with the prior express written authorization of the Lessor. No repair costs will be reimbursed unless there is prior consent and acceptance by the Lessor of the budget and the workshop that performs the repair. In case of lack of such express written consent, the Lessee will be solely responsible for paying such expenses, both for the workshop and for parts.
5. Vehicle identification: The Lessee must keep the identifying stickers and license plate holders of MOOV Rent-a-car on the rented Vehicle to be easily identified. The removal of these elements will incur an additional charge for restitution, plus payment of the possible administrative sanction imposed for this concept. According to certain municipal regulations, the Lessee must also place in a visible place at all times the document or label corresponding to the current contract. If the Lessee fails to comply with this obligation, they must assume the sanction and pay the management fees established in point 13.
6. Found items: The Lessee must empty the Vehicle of personal effects. The Lessor is not responsible for any items found in the Vehicle. However, any object found in the Vehicle can be sent to the Lessee upon explicit written request to MOOV Rent-a-car, C/ Ca’n Calafat, 81 - 07199 Polígono Son Oms / Palma (Illes Balears), Spain. In this case, the Lessor will charge a fee for the shipping management of the objects, in addition to the costs associated with their shipment, which will be fully borne by the Lessee.
7. In case of breakdown or accident outside the agreed rental period: After the contractual relationship between the Lessee and the Lessor (hereinafter, the Parties) has ended, the Lessee will be responsible for 100% of the payment for damages, repairs, and expenses caused to the Vehicle and third parties.
8. Prices and rates: Contract prices will be adjusted to the Current General Rate available to the public at MOOV Rent-a-car facilities, websites, or other means considered by the Lessor, whose content the Lessee expressly acknowledges prior to this Contract, particularly those related to the type of vehicle and contract class subscribed between the Parties. All prices will be indicated and valued in Euros (€). The fuel price will depend on the daily market rate. Due to the fluctuation in fuel prices, we cannot inform you of the value in these General Conditions.
9. Coverages: The Lessor offers different coverages with various rates specifying the following:
Blue Pack: includes basic insurance and liability insurance, with a damage deductible, the value of which depends on the Vehicle Group/Category contracted (specified in the Specific Conditions of the Contract). If the optional coverage (Red Pack) is not contracted, a pre-authorization block ranging from €750 to €4,000, depending on the Vehicle Group/Category, will be applied to the Lessee's credit/debit card as a guarantee to cover the deductible and any possible damage. If the Lessee returns the Vehicle in the same condition as received, the blocked amount will be refunded. In case of new damage, an administrative damage charge will be applied. All Groups/Categories have mandatory and voluntary liability insurance up to €50,000,000, medical assistance, and legal defense. The Blue Pack does not include expenses within the deductible limit for roadside or tow assistance, damages to rims, tires, glass, interior, exterior, and the vehicle's underside, as well as the loss or damage of keys. These expenses will be deducted from the retained deductible.
Green Pack: includes basic insurance and liability insurance, with a damage deductible, the value of which depends on the Vehicle Group/Category contracted (specified in the Specific Conditions of the Contract). If the optional coverage (Red Pack) is not contracted, a pre-authorization block ranging from €250 to €2,000, depending on the Vehicle Group/Category, will be applied to the Lessee's credit/debit card as a guarantee to cover the deductible and any possible damage. If the Lessee returns the Vehicle in the same condition as received, the blocked amount will be refunded. In case of new damage, an administrative damage charge will be applied. All Groups/Categories have mandatory and voluntary liability insurance up to €50,000,000, medical assistance, and legal defense. The Green Pack does not include expenses within the deductible limit for roadside or tow assistance, damages to rims, tires, glass, interior, exterior, and the vehicle's underside, as well as the loss or damage of keys. These expenses will be deducted from the retained deductible.
Red Pack: includes comprehensive insurance and liability insurance, with no damage deductible. All Groups/Categories have mandatory and voluntary liability insurance up to €50,000,000, medical assistance, and legal defensea.
By hiring this coverage, the Lessee can enjoy the peace of mind of having roadside or tow assistance, damages to rims, tires, glass, interior, exterior, and the vehicle's underside covered, and this coverage also includes the waiver of the administrative damage management charge. Loss or damage to keys, as well as damage to the interior, exterior, and underside of the vehicle due to improper use, are not included.
The different coverage options do not cover the inappropriate and illegal use of the rented vehicle.
9.1 Roadside Assistance: This coverage includes a 24-hour telephone service, calling the following phone number: (+34) 911 119 547 (900 300 188 from Spain) and MOOV Rent-a-car office (+34) 971 062 086 / (+34) 644 548 062), changing or replacing the Vehicle involved in the incident, roadside assistance by tow truck, going to the scene of the incident as soon as possible (this will not apply if the incident is due to the Lessee's negligence or the Vehicle's accident or stoppage due to crimes or infractions committed with it, specified in points 11 and 12).
9.2 General exclusions of coverages and their corresponding surcharges: All detailed coverages do not include the following services related to Vehicle damage, in relation to structural elements such as: undersides, interior and exterior equipment. The loss or damage to the vehicle's keys is not covered. None of the coverage options will cover damages to the insured Vehicle caused by: wars, natural disasters, and natural phenomena (hail, blizzards, or others), terrorism, riot, or mutiny; actions of the State Security Forces and Bodies, negligence on the part of the Lessee, abandonment, accident or stoppage of the Vehicle due to crimes or infractions committed with it, and any other activity established in points 11 and 12. These damages and related services will be the responsibility of the Lessee. Coverage, in no case, includes personal effects left, stored, or transported in the vehicle..
9.3 Franquicia/Depósito: Depending on the contracted coverages, a deposit block will be made on the Lessee's credit/debit card as a guarantee of compliance with their obligations to MOOV Rent-a-car, as well as a guarantee of any eventual liability arising during the rental period that must be assumed by the Lessee. This deposit will be made through a block on the Lessee's credit/debit card, and in case there is no incident related to the rental and/or the enjoyed vehicle, the pre-authorized or blocked amount will be released within a maximum period of 30 days after the contract termination. The deposit amount is established based on the category/segment of the vehicle reserved with MOOV Rent-a-car.
10. In case of an accident, criminal act, or vandalism (see point 11) committed against the Vehicle, the Lessee is obliged to:
• Report immediately the incident to the police.
• Fill out an accident report according to the official model found in the Vehicle, indicating at least the license plate number, the name and address of the other party, as well as the name of the insurer and, when possible, the insurance policy number. Concisely and precisely describe the accident and, if applicable, note the names of the witnesses.
• Do not prejudge or acknowledge any responsibility for the accident.
• Do not leave the Vehicle without taking adequate measures to protect it against further damage, leaving it locked and not obstructing traffic.
• Immediately inform MOOV Rent-a-car of the incident by calling the emergency phone: (+34) 971 062 086 / (+34) 644 548 062).
In the event of an accident or criminal act, the Lessor is not obliged to offer the Lessee another rental vehicle. The Lessor will receive an amount of €40 for the management of each Accident Report from each Party. In this situation, it will be considered that the Contract has ended between the two parties, Lessor and Lessee, and the Lessee must pay all the expenses derived from the Contract to the Lessor.
However, the Lessor may, although not obliged to do so, offer a new vehicle under the current and applicable conditions at the time indicated, in order to replace the vehicle involved in the accident, criminal act, or vandalism.
11. The following are examples of criminal or vandalistic acts committed against the Vehicle: Theft or robbery of the Vehicle. Theft or robbery of external or internal parts of the Vehicle, such as wheels, tires, or seats. Forceful theft causing damage to the windows or body of the Vehicle. Vandalism against the Vehicle. The above list is drafted for illustrative purposes only, and is non-limiting.
12. Unauthorized use of the Vehicle: It is the responsibility of the Lessee to use the Vehicle with due diligence and care, in accordance with its characteristics, respecting the current traffic regulations for motor vehicles, and avoiding, in any case, any situation that could cause damage to the Vehicle or to third parties. Also, in any case where the provisions of this point are breached, it shall be deemed that unauthorized use has occurred. It is the Lessee's obligation not to allow anyone other than those authorized under this Contract to drive the vehicle, and the Lessee must pay the charge for the unauthorized use of the vehicle. The Lessee shall be directly responsible for any damage or harm caused to the vehicle or third parties in such cases. The Lessee shall fully respond to damages caused to the interior and exterior parts of the vehicle due to unauthorized use. In the event of unauthorized use of the vehicle, the Lessee is obligated to pay all expenses resulting from such damages, and the specified amount shall be charged to the Lessee's credit/debit card, with the Lessee expressing explicit agreement for all purposes. The Lessee's signature on the Contract shall be considered as acceptance of the specified general and particular conditions contractually. Unauthorized use includes, but is not limited to, the following cases mentioned as examples:
Participation in competitions. Illegal races. Driving without a valid driver's license or permit, or without the lessor's authorization. Transfer of the vehicle to a third party. Pushing or towing any other vehicle. Driving in places not suitable for public transport such as beaches, race circuits, etc. Driving on roads that could cause damage to the vehicle's undercarriage/oil pan. Negligent actions when warning lights or signals on the vehicle's dashboard are activated, which the lessee claims to be aware of by signing this contract. The transportation of furniture, except for vehicles designed for this purpose. The transportation of animals in the vehicle. The transportation of people or goods that directly or indirectly involves payment to the Lessee (for example, using the Vehicle as an illegal “Taxi"). Subleasing the vehicle. The transportation of a number of people or amount of luggage exceeding the authorized limit for the vehicle, according to the number of seat belts. Transporting luggage on top of the vehicle (placing a roof rack on the vehicle is not authorized). Leaving objects in plain sight in the vehicle. Dirtying the interior of the vehicle. Driving the vehicle in a state of fatigue, illness, or under the influence of alcohol, medication, or drugs. Reckless driving. Driving contrary to traffic rules. Driving the rented vehicle by an unauthorized person in the contract, whether as a Lessee or additional driver. Driving the vehicle outside the permitted territory, as established in point 16 of these conditions. Using the vehicle after the rental period has ended. Not using a baby and/or child seat if traveling with children under 12 years of age or anyone with a height below 135 centimeters. SMOKING IS PROHIBITED INSIDE THE VEHICLE.
13. Traffic violations: The Lessee shall be responsible for the payment of fines during the rental period. The Lessee must inform the Lessor of any fines imposed on the Vehicle or the driver during the rental period. The Lessor will always charge for the notification and management of fines imposed on the Lessee. The payment of fines is not included in any of the coverages that can be contracted. In case the authorities retain the Vehicle due to an act or omission by the Lessee, regardless of the cause, the Lessee shall be responsible and shall indemnify the Lessor for all expenses and loss of profit incurred for this reason.
14. Joint liability: All Lessees and/or additional drivers shall be jointly liable for all obligations assumed by the Lessee in the Contract and all applicable legislation..
15. Fuel policy: At the effective time of the reservation and depending on the rate selected by the Lessee, one of the following options will be applied:
• Full-Empty (Blue Pack): The Lessee will pay 100% of the deposit at the Vehicle Check-Out, with the Lessor checking the fuel level at the Vehicle Check-In at this time. The remaining fuel in the tank will be refunded according to the gauge at eight-eighths, minus refueling management expenses.
• Full-Full (Green Pack & Red Pack): At Check-Out, the Lessor undertakes to deliver the Vehicle with a full tank, and the Lessee will also be obliged to return it with a full tank. If the Lessor fails to fulfill the refueling obligation, the Lessee may demand at the time of Check-Out that the Vehicle be delivered with a full tank. If the Lessee does not claim it at that time, it will be understood that they agree. If, on the other hand, it is the Lessee who fails to fulfill the refueling at Check-In, a refueling management fee plus the missing liters to reach 100% of the tank will be charged.
16. Permitted Territory: The vehicle may only be driven within the territory of the island of Mallorca. The Vehicle may not be embarked or transported on any means of transport, except with the prior express written authorization of the Lessor. It is noted that our vehicles are equipped with geolocators, and if it is detected that they have exceeded the permitted territory, it will be considered a breach of the Contract. The Lessor may charge the Lessee for damages and losses incurred, and this contract will be immediately terminated for the Lessee's contractual breach, with appropriate legal measures taken. The cost for this service is detailed in the extras table at the end of this text.
17. Mileage:
Unlimited per rental period with the Red Pack & Green Pack.
Limited to 200 km/day per rental period with the Blue Pack.
18. Extras: The Lessor offers a free baby and child seat in the Red Pack. For the rest of the packages at the cost established in the extras table at the end of this text.
19. Payment: All services will be paid in advance by credit card, debit card, or cash at our facilities. Payment for reservations via our website can only be made by credit or debit cards. The method of capturing this deposit and the deductible will only be done by the credit or debit card provided to the Lessor by the Lessee or the additional driver who appears and signs the Contract. The return of the Deductible and Deposit or Preauthorization may vary between 14 and 31 days depending on the Lessee's bank and due to the operational processes of the Lessee's bank. MOOV Rent-a-car accepts credit and debit cards, with no surcharge on them.
20.Currency: The rates set by the Lessor are valued in Euros (€). Payment can be made in all our facilities in the indicated currency, with credit or debit cards.
21. Taxes: All prices detailed in the rates include the current Value Added Tax. The Lessor is exempt from paying any other fees or taxes that any state, regional, or local authority may establish during the course of this Contract.
22. Jurisdiction and Applicable Law: This contract is governed by all national legislation that affects it. The Parties expressly submit to the Arbitration Boards for Transport, Courts, and Tribunals, for any incidents and issues arising from this contract, except those related to Consumer matters, which will be governed by the jurisdiction established in its own regulations.
22.1. In accordance with the regulation on online dispute resolution for consumer matters (EU Regulation no. 524/2013), reference must always be made to the EU platform for online dispute resolution. This also applies if there is no willingness to participate in such a procedure.
23. Cancellation policy: All cancellations must be made in writing to the following email address: bookings@moovrentacar.com, indicating the reservation number in the subject line. In the Red Pack, a refund will be made if the cancellation request is made at least 48 hours (or as per the rate) in advance of the contract start date, except for force majeure reasons (natural disaster, wars, attacks, death, or serious illness of the Lessee, their parents, siblings, or children), duly proven via the web, email, or regular mail. Within the last 48 hours before the start of the contract, a change of date is allowed within one year.
In the Blue Pack and Green Pack packages, no refund will be made except for force majeure reasons (natural disaster, wars, attacks, death, or serious illness of the Lessee, their parents, siblings, or children), duly proven via the web, email, or regular mail, and in this case, only a change of date is allowed within one year.
24. Customer service and complaints: If you wish to make any suggestions for the improvement of our services, we are at your disposal at the email address customerservice@moovrentacar.com, and all our facilities have official complaint forms that will be provided when requested from our employees.
25. Framework agreement: These conditions have the nature of a framework contract, applying to all rental contracts entered into by the same Lessee with MOOV Rent-a-car.
26. Translation: The Lessee has the right to receive a copy in the official language of these general conditions, and it will be stated in versions of the same drafted in other languages, with information on the available languages at that time provided at our facilities. In case of discrepancies, the decisive version will be the one drafted in Spanish.
27. Privacy policy: Personal data processing. According to the GDPR 2016/679, it is informed that the personal data collected here will be included in files owned by Tomitni Cars, S.L. The personal data collected will be processed for the processing of the contract and everything related to it.
Third-party data: In the event of providing personal data owned by third parties, you state that you have the consent of those affected, having previously informed them of the content of this privacy policy.
Commercial communications: The Lessee expressly accepts that the data contained in the Contract may be transferred to keep them informed, either by email or by any other means, of operational and commercial information and the conduct of opinion studies about products and services offered by MOOV Rent-a-car or by the companies that make up Tomitni Cars, S.L. or entities in the same sector, with which it collaborates, related to the leisure, insurance, financial, and automotive sectors. For more details, you can consult our privacy policy on our website.
Rights of the interested party: Those affected may exercise their rights of access, rectification, limitation, deletion, and opposition by writing, accompanied by a copy of their ID, and addressed to the aforementioned address or email: rgpd@moovrentacar.com.
Description of the extra |
Price |
||
Fees |
Late return fee |
€45.00 |
Per service |
Vehicle abandonment fee |
€250.00 |
Per service |
|
Administrative damage fee |
€40.00 |
Per service |
|
Identification removal fee |
€50.00 |
Per service |
|
Found object delivery fee |
€20.00 |
Per service |
|
Accident >Report Part management fee |
€40.00 |
Per service |
|
Unauthorized vehicle use fee |
€60.00 |
Per service |
|
Fines management fee |
€50.00 |
Per service |
|
Exceed management fee |
€1.00 |
Per extra km |
|
Fuel |
Refueling management fee |
€25.00 |
Per service |