GENERAL CONDITIONS OF CONTRACT OF VEHICLE RENTAL
The present GENERAL CONDITIONS OF CONTRACT OF VEHICLE RENTAL (hereinafter, “General Conditions”) shall regulate the contractual relationship between OK RENT A CAR, S.L. (hereinafter, “Rental Company”) and the paying customer (hereinafter, “Renter”), by virtue of which the first assigns to the second the use of a vehicle (hereinafter, “Vehicle”) for the period, price and other conditions stipulated by the parties in the rental agreement (hereinafter, “Agreement”), which shall be executed and signed in the facilities of the Rental Company.
It is the responsibility of the Renter to keep a copy of this agreement at all times in the Vehicle and at sight.
1. Object of the Agreement
It is the rental without driver of the Vehicle described in the specific conditions of the Agreement for the private transport of passengers and their luggage, fulfilling all the General Conditions established in this document.
2. Rental period, Check-Out, Check-In and extension:
The minimum rental period shall be 1 day (24 hours) and the maximum shall be determined according to the Vehicle selected in the Agreement.
The rental days shall be calculated for 24-hour periods starting from the exact time on which the Renter has picked up the rented Vehicle (hereinafter, Check-Out) and until the return of the Vehicle (hereinafter, Check-In), its keys and its documentation to the Rental Company, OK RENT A CAR granting a grace period of 60 minutes from the date and time of the Vehicle Check-In stated in the Agreement.In the event that the aforementioned period is not fulfilled, the Lessor will be authorised to collect the rental amount from conclusion of the contract until the Vehicle is returned, according to the Valid General Rate established on the website or at the Lessor’s facilities, the mileage, damage and a penalty for economic damage caused which will amount to €40 due to delay, and this amount will be added each day from Check-In until return or recovery and preparation of the Vehicle.
If the Lessee abandons the Vehicle, in addition to the foregoing, they will be charged €120 on the Balearic Islands and €180 in the rest of the locations established in point 16, for the Vehicle recovery fee, plus all of the expenses and costs arising from its recovery.Performing the Check-In prior to the end of the period shall not give the Renter any right to a refund or deduction of any amount of the price signed in the Agreement, since it is considered a unilateral termination of the Agreement by the Renter, waiving any right established in the contractual relationship. If the Lessee breaches any of the points established in the General or Special Conditions established in the Contract, the Lessor reserves the right to take the Vehicle from the Lessee at any time, and the Lessor may seek damages.
For operational motives of inspection of the Vehicle, the Rental Company reserves the right to replace the Vehicle at any time for another of similar characteristics previously informing the Renter.The Check-Out and the Check-In shall be performed in the facilities of OK RENT A CAR where the Agreement was signed, in the periods and terms stipulated in the specific conditions of the Agreement.
OK RENT A CAR offers that the Check-In of the Vehicle by the Renter can be performed in other facilities of their company (within the Balearic Islands), different to those where the Agreement was signed (One Way fee), in the same periods and terms stipulated in the specific conditions of the Agreement, where the Renter must pay:
€290 for installations located in different islands where the Vehicle was rented
If the Lessee does not perform the Check-In or abandons the Vehicle, the Lessee will be charged the excess cost of the Vehicle recovery fee plus all of the expenses and costs arising from the recovery, together with the rental days owed, according to the Valid General Rate established on the website or at the Lessor’s facilities for the period between Check-In, as established in the Contract, until the effective recovery and preparation of the Vehicle.
2.1. Extension of the Agreement:
The Renter must give express written notice, attending the OK RENT A CAR office where the Agreement was signed at any time before the end of the rental period established in the Agreement, or at any other facility of OK RENT A CAR, according to the aforementioned One Way fee conditions.
The minimum extension period shall be at least 1 day (24 hours) and can be extended according to the specific conditions of the Agreement and the Vehicle hired.
In no case can the price at the start of the Agreement serve as its extension. If the Renter wanted to keep the Vehicle for a time greater than that initially agreed, he/she undertakes to previously obtain express authorisation from the Rental Company and immediately pay the amount of the additional deposit for said extension. The price applicable to the extension period of the rental shall be that indicated in the Current General Rate, established in the website or facilities of OK RENT A CAR or other means that the Rental Company considers.
The Rental Company reserves the right to refuse the request for extensions for operational reasons.Use of the Vehicle, once the lease period is concluded or it is extended will be understood as unauthorised use for the purposes of point 12 of this contract, and it will be reported as misappropriation. Delivery or return of the Vehicle outside of the office’s business hours (7:00 a.m. to 10:00 p.m.) entails a mandatory surcharge of €40 per service.
The Lessee and the additional drivers must be at least 19 years of age and must have had their drivers’ licence for a minimum of one year which must be valid for the entire period of the lease and are required to present a European national identification document or passport, both valid, legible and in good condition. Drivers from outside the European Union must present an international driving license. Point 9.1 sets forth the covers for Young Drivers (from 19 to 25 years of age) and additional drivers (second driver and third driver).
4. Vehicle maintenance:
The Lessee receives the Vehicle in perfect condition and must maintain it in good repair, and may not make any modifications to the exterior or the interior. If any modification is made, its restoration plus any possible damage will be charged to the Lessee. Repairs at the garage or replacement of parts may only be made subsequent express written authorisation from the Lessor. No repair expenses will be reimbursed without the prior consent and approval of the Lessor of the estimate and the garage which makes the repair. In the event that such express written consent has not been granted, payment of said expenses, both for the garage and the replacement parts, will be the exclusive responsibility of the Lessee.
5. Vehicle Identification:
The Lessee must keep the identifying stickers and registration holders of OK RENT A CAR on the Vehicle leased in order that it may be identified in accordance with the municipal traffic Laws and Ordinances related thereto. Removal of these stickers will entail a surcharge for their restoration of €50, plus payment of the administrative penalty imposed as a result thereof. According to municipal ordinances, the document furnished to the Lessee which shows that the Vehicle is leased must also be placed in a visible spot at all times and, if this obligation is not fulfilled, said penalty must be assumed and the management expenses established in point 13 must be paid.
6. Objects found:
The Renter must remove all his/her personal effects from the vehicle. The Rental Company assumes no liability whatsoever for any objects found in the Vehicle. Notwithstanding the foregoing, all objects found in the vehicle can be sent to the Renter at his/her express request and by writing to OK RENT A CAR, Gran Vía Asima,36,A,- 07009,Palma, Balearic Islands, Spain.
7. In case of breakdown or accident outside the agreed rental period:
Once the contractual relationship has ended between the Renter and the Rental Company (hereinafter, the Parties), the Renter shall be responsible for 100% of the payment of the repairs and costs caused to the Vehicle.
8. Prices and rates:
The Contract prices will be adapted to the General Valid Rate displayed for the entire public in the facilities and on the websites of OK RENT A CAR or by other means determined by the Lessor, the content of which the Lessee expressly states they are aware of prior to this Contract, in particular those related to the type of vehicle and type of contract signed between the Parties. All prices will be indicated in Euros (€). The price of fuel will be detailed when the Contract is signed between the parties. Due to the fluctuation in the prices of fuel, it is impossible to inform the Lessee in these General Conditions of the price thereof.
The Rental Company offers you different coverages with various rates, specifying the following: All Groups/Segments have: Basic CDW insurance: it includes basic insurance and civil liability, involving a damages excess, the value of which depends on the category of the vehicle hired. The categories are differentiated in three Groups/ Segments (specifying them in the specific conditions of the Agreement):
excess of €600 (EBMR, MBMR, ECMR, MBAR, EDMR, EDAR)
excess of €750 (CDMR, CVMR, CWMR, CWAR IBMR, HDMR, HDAR, IDMR,IVMR CKMR, CDAR, CXMR, CXAR, IDAR, IVAR, SGMR, SGAR, MTMR, MTAR, ITMR, ETMR, CSAR)
excess of €900 (CFMR, CFAR, SDMR, FVMR, FXMR, FXAR)
excess of €1,250 (SDAR, CTMR, CTAR)
excess of €1,500 (FWMR, FWAR)
excess of €2,500 (XDMR, XDAR, SFMR, SFAR, CTAR)
excess of €3,000 (SXAR)
excess of €3,500 (PFAR, XFAR, LXAR)
In the event that the additional optional cover (SDCW) is not contracted, we will block an amount which will vary between €600 and €3,500, according to the Vehicle Group/Segment, on the Lessee’s credit card for pre-authorisation to cover the deductible and any possible damage. If the Lessee returns the Vehicle in the same condition in which it was collected, the amount blocked will be returned.
All Groups/Segments have compulsory and voluntary civil liability insurance up to €50,000,000, individual accidents and legal defense.
9.1 Optional coverage:
Wheel and windscreen (CGT): By taking out this category, the Renter can enjoy the peace-of-mind of knowing that any possible damages to windscreens and wheels, which are the most sensitive and unforeseen due to the very nature of their use, are covered. Their misuse is not covered. This coverage has a minimum cost of €16; once this minimum has been exceeded €7 per day will be charged until reaching a maximum of €80, without going over this amount.
Removal of Excess (SDCW): By taking out this additional extension, the customer removes all excess from the insurance. Differentiating between five Groups/Segments:
Group/Segment 1: This coverage has a minimum cost of €20; once this minimum has been exceeded €10 per day will be charged until reaching a maximum of €145.95, without going over this amount.
Group/Segment 2: This coverage has a minimum cost of €30; once this minimum has been exceeded €15 per day will be charged until reaching a maximum of €195.95, without going over this amount.
Group/Segment 3: This coverage has a minimum cost of €50; once this minimum has been exceeded €25 per day will be charged until reaching a maximum of €295.95, without going over this amount
PREMIUM (CAR) Roadside assistance: This cover covers 24 hour telephone service, calling the following number: +34 971 928 603, the change or replacement of the Vehicle object of the incident, roadside tow truck assistance, arriving at the location of the incident in the shortest time possible (*this cover is only available on the Balearic Islands and this cover will not be applied if the aforementioned incident was due to negligence on the part of the Lessee or accident or stoppage of the Vehicle due to crimes or violations committed by the Lessee, specified in points 11 and 12). This cover has a one-time cost of €14.
If this coverage is not taken out, the Renter must pay the surcharge established for this purpose in point 9.2 to the Rental Company.
-OK PREMIUM Cover: this insurance category includes all the aforementioned (Wheel and windscreen, Removal of excess (according to Group/Segment contracted) and PREMIUM Road Assistance (CAR)), differentiating between the following Groups/Segments:
Group/Segment 1: This coverage has a minimum cost of €30; once this minimum has been exceeded €15 per day will be charged until reaching a maximum of €195.95, without going over this amount.
Group/Segment 2: This coverage has a minimum cost of €40; once this minimum has been exceeded €20 per day will be charged until reaching a maximum of €295.95, without going over this amount.
Group/Segment 3: This coverage has a minimum cost of €60; once this minimum has been exceeded €30 per day will be charged until reaching a maximum of €495.95, without going over this amount.
– Young Driver, from 19 to 25 years of age: This coverage has a minimum cost of €24; once this minimum has been exceeded €10 per day will be charged until reaching a maximum of €300, without going over this amount.
– Second driver: This coverage has a minimum cost of €18; once this minimum has been exceeded €7 per day will be charged until reaching a maximum of €70, without going over this amount.
– Third driver: This coverage has a minimum daily cost €1; until reaching a maximum of €30, without going over this amount.
9.2 General exclusions of the coverage and their corresponding surcharges:
All of the covers detailed do not include the following services related to damage to the Vehicle, in relation to:
Structural elements; undercarriage; roof; rear-view mirrors; interior and exterior equipment; brand logo; control panel; dashboard; engine; replacement of pieces; mechanical elements; chassis; tyres and rims (only included in Wheels and CGT Windscreens; Windscreens and/or glass (only included in Wheels and CGT Windscreens); removable components (for example: booster, baby seat, antenna, trays, GPS, multimedia cards; safety kit (triangle and vests); erroneous refuelling; vehicle replacement in the event of a breakdown (only included in CAR).
Due to their importance, the following services, which are also excluded, are specified:
Roadside assistance and tow truck (only included in CAR), even if the CAR cover has been contracted, it will entail a surcharge of €240, for the cases specified in points 9 and 10 or due to the Lessee’s negligence.
Loss, damage or theft of the Vehicle documents: In this case, a surcharge of €30 is applied for administrative procedures.
Loss, damage or theft of keys: In this case, a minimum surcharge of €200 and a maximum of €400 will be applied depending on the vehicle model leased.
This list is merely for information purposes, due to its length we must refer to the “Table of Prices of Damages and/or Losses and Related Services”, where all possible damages and/or losses and related services, together with their respective prices, are specified in detail.
The “Table of Prices of Damages and/or Losses and Related Services” is available to the general public in the facilities, websites of OK RENT A CAR or other means that the Rental Company considers. The Renter expressly states that he/she is aware of its content prior to this Agreement. All prices shall be indicated in euros (€) and shall be used to charge the possible damages, losses and related services in the invoice issued in the name of the Renter.
None of the coverage categories shall cover the damages caused in the insured Vehicle as a result of: wars, natural catastrophes and natural phenomena (hailstones, snowstorms or other), terrorism, disturbances or uprisings; acts of the State Security Bodies and Forces, negligence by the Renter, abandonment, accident or immobilisation of the Vehicle due to offences or infringements performed therewith and any other activity established in points 11 and 12. These damages and related services shall be at the expense of the Renter.
The coverage shall in no case cover personal effects left, stored or transported in the vehicle. NEVER LEAVE ANY VALUABLES IN THE CAR AND ALWAYS MAKE SURE YOU LOCK IT PROPERLY WITH THE KEY
10. In the case of accident, criminal act or act of vandalism (see point 11) committed against the Vehicle, the Renter is obliged to:
a. Immediately report what has happened to the police.
b. Complete the accident report using the official model located in the Vehicle, specifying at least the registration number, name and address of the other party and name of the insurer and, where possible, insurance policy number.
c. Concisely and accurately described the accident and, where applicable, note down the names of any witnesses.
d. Do not prejudge or acknowledge any responsibility for the accident.
e. Do not abandon the Vehicle without taking the appropriate measures to protect it from damages, leaving it closed and without disturbing traffic.
f. Immediately inform OK RENT A CAR of the accident by calling the emergency telephone number: +34 971 928 603
“In case of accident or crime, the Rental Company shall not be obliged to offer the Renter another rental vehicle. The Rental Company shall receive €50 for handling the processing of the accident report(s). The Rental Company can offer you a new vehicle under the current conditions valid at the indicated time, with the aim of replacing the vehicle object of the accident, criminal act or act of vandalism. In this situation, it shall be considered that the Agreement has concluded between the two parties, Rental Company and Renter, and the Renter must pay all the costs arising from the Agreement to the Rental Company.”
11. The following are examples of criminal acts or acts of vandalism against the vehicle:
Robbery or theft of the Vehicle.
Robbery or theft of external or internal parts of the Vehicle such as wheels, tyres or seats.
Burglary causing damages to the windows or bodywork of the Vehicle.
Vandalism to the Vehicle.
The above list is given merely by way of example and is not intended to be limiting in any way whatsoever.”
12. Unauthorised use of the Vehicle:
The Renter shall be responsible for using the Vehicle with due care, in accordance with its characteristics, respecting Spanish traffic regulations for motor vehicles in force and, at all times, avoiding all situations that may cause damage to the Vehicle or to third parties. Any case that breaches the stipulations of this paragraph shall also be understood as Unauthorised use.
It is the Renter’s obligation to not allow any person other than those authorised in accordance with this Agreement to drive the Vehicle and the Renter is directly liable for any damages caused to the Vehicle or third parties in said case. The Renter shall be fully liable for the damages caused to the interior and exterior of the vehicle due to its unauthorised use. In the event of unauthorised use of the vehicle, the Renter shall be obliged to pay all costs arising due to said damages. This sum specified shall be paid by charging it to the Renter’s credit card, charged to the deposit amount or in cash, with the Renter stating his express consent for all intents and purposes. The Renter’s signature on the Rental agreement shall be considered acceptance of the general and specific conditions stated in this agreement. Unauthorised use includes, but is not restricted to, the following cases given by way of example:
• Participation in competitions.
• Driving without a driving license or without the authorisation of the Rental Company.
• Pushing or towing any other vehicle.
• Driving in places not suitable for public transport, such as beaches, racing tracks, etc.
• Driving on routes which may cause damages to the vehicle undercarriage/crankshaft.
• Negligent use regarding the operation of the pilot lights or warning signals on the vehicle dashboard that the Renter declares to be aware of when signing this agreement.
• The transport of goods or animals in the vehicle.
• The transport of people or goods that directly or indirectly involves payment to the Renter (e.g. using the vehicle as illegal “taxi”).
• The subletting of the vehicle.
• The transport of a number of people or quantity of luggage greater than that authorised for the vehicle based on the number of safety belts.
• Transport of luggage on top of the vehicle. (It is forbidden to place a roof rack on the vehicle).
• Leaving objects in full view inside the vehicle.
• Soiling the vehicle’s interior.
• Driving the vehicle when tired, ill or under the influence of alcohol, medicine or drugs.
• Dangerous driving.
• Driving without following traffic regulations.
• Driving of the rented vehicle by a person who is not authorised in the agreement either as Renter(s) or additional driver(s).
• Driving of the vehicle outside the allowed territory, established in point 16 of these conditions.
• Use of the vehicle once the rental period has ended.
• Not carrying a baby and/or booster seat if you are travelling with children under the age of 12 or any person with a height lower than 135 cm
• IT IS ABSOLUTELY FORBIDDEN TO SMOKE INSIDE THE VEHICLE
13. Traffic infringements:
The Renter shall be liable for immediate payment of the fines caused by any infringement of the law during the rental period. The Renter must inform the Rental Company of any fines against the Vehicle or the driver during the rental period. The Rental Company shall always charge €50 to the renter for the notification and handling of fine notifications. Payment of the fines is not included in any of the coverages that can be taken out. Should the authorities detain the Vehicle due to any act or omission by the Renter, for any cause whatsoever, he/she shall be liable and compensate the Rental Company for all expenses and loss of profit incurred for said reason.
14. Joint and several liability:
All renters and/or authorised drivers shall be jointly and severally responsible for all the Renter’s obligations arising from this agreement and the laws applicable thereto
15. Fuel policy:
At the effective time of the booking and depending on the rate selected by the Renter, once of the following options shall be applied:
a) Full/Refund – The Renter shall pay 100% of the tank at Vehicle Check-Out, and the Rental Company shall check the fuel level in the tank in the Vehicle Check-In at that time, refunding the remaining fuel in the tank in accordance with the eight-eighths marker, minus the management costs established at €24.
b) Full/Full – At the Check-Out, the Rental Company must hand over the Vehicle tank full. The Renter must also return it full at the Check-In. Should the obligation of filling by the Rental Company not be fulfilled, the Renter can demand at the time of Check-Out that he/she is given the Vehicle with the tank full. If he/she does not complain at that time it shall be understood that he/she is in agreement. If, on the contrary, the Renter should breach this point at the Check-In, he/she shall be charged handling costs of €24 plus the remaining litres until the tank is 100% full.
16. Authorised territory:
The Vehicle may be driven in Spain (except the Canary Islands, Ceuta and Melilla). The Vehicle may not be boarded or transported on any method of transport, unless the Lessor has granted its due written authorisation.
On the Balearic Islands: 1,500 Km per lease period. All other authorised territories: 200 km per day within the lease period, up to a maximum 2,000 km. Only if this is exceeded or the Vehicle is used once the Contract has been concluded, will an additional €0.4/km, including VAT be charged.
18. Additional services and extras:
Speedy Check In: this is the fast delivery service of the Vehicle and a one-off price shall be paid for each service, establishing two categories: *from origin (one-off price per service of €12). *at counter (one-off price per service of €18).”
Delivery/one way fee: this service consists of taking a vehicle to any area, only of the Balearic Islands (Majorca, Menorca, Ibiza or Fomentera) where the Renter notifies the Rental Company, differentiating prices by zones. These zones and prices can be consulted on a map within the “Extras” tab on the OK RENT A CAR website. The prices per zones is as follows:
Delivery Zone 1: the price per service shall range from a minimum of €20 to a maximum of €40.
Delivery Zone 2: the price per service shall range from a minimum of €30 to a maximum of €60.
Delivery Zone 3: the price per service shall range from a minimum of €40 to a maximum of €80.
Delivery Zone 4: the price per service shall range from a minimum of €60 to a maximum of €120.
The Renter is reminded that according to Spanish traffic laws all children under the age of 12 or any person with a height less than 135 cm must use their respective and approved seat when sitting in the Vehicle. The Rental Company offers you a baby and child seat, for a daily cost with minimums and maximums, differentiating between the three groups specified below and in the OK RENT A CAR website.
GPS: has a minimum cost of €12, once this minimum has been exceeded €6 per day will be charged until reaching a maximum of €120, without going over this amount.
Paper map: one-off cost per unit of €2.50.
OpenRoof extra vehicle supplement: has a minimum cost of €9; once this minimum has been exceeded €3 per day will be charged until reaching a maximum of €50, without going over this amount.
Diesel vehicle supplement: has a minimum cost of €9; once this minimum has been exceeded €3 per day will be charged until reaching a maximum of €30, without going over this amount.
If you want more detailed information about all the extras click here
All services will be paid in advance via credit card (VISA or MASTERCARD), debit or cash at our facilities. If the Lessee wishes to pay in cash, for security, they must pre-authorise a security deposit of 100% with respect to the deductibles and conditions established in point 9 and of 25% if they contract the OK Premium Cover. Payment of reservations on our website may only be made using the above-mentioned credit cards. The method of obtaining said security deposit and the deductible will only be through the credit card provided by the Lessee to the Lessor or the additional driver appearing on, and who has signed, the Contract. Return of the deductible and Security Deposit or Pre-authorisation may take between 14 and 31 days depending on the bank used and the operating conditions of the Lessee’s bank. OK RENT A CAR only accepts VISA and MASTERCARD credit cards, and does not apply any surcharge.
All prices detailed in the rates include 21% VAT. The Rental Company is exempt from the payment of any other taxes that any state, regional or local authority may establish in the course of this Agreement.
21. Jurisdiction and Applicable law:
This contract is governed by all of the Spanish Legislation which is relevant to it. The Parties expressly submit to the Transport Arbitration Boards, Courts and Tribunals of Mallorca for any incidents and matters which arise from this contract, except for those regarding consumer goods which will be governed by the jurisdiction established in their own regulations.
22. Cancellation policy:
All cancellations must be made by writing to the following email address: email@example.com. No amount shall be refunded for booking made, except for reasons of force majeure (natural catastrophe, wars, terrorist attacks, death or sudden serious disease of the Renter, his parents, siblings or children) reliably made to the aforementioned addresses
23. Customer service and claims:
If you want to make any suggestions about improvement of our services, you can use the email: firstname.lastname@example.org and additionally, all our facilities have official complaint sheets which will be given to you when requested to our employees.
24. Framework agreement:
The present conditions have the consideration of framework agreement, being applicable to all rental agreements signed between the Renter and OK RENT A CAR.
The Renter has the right to receive a copy in Spanish of the present General Conditions and this shall be stated in its versions written in other languages, informing you in our facilities of all the languages we have available at that time. In the event of any discrepancies, the prevailing version shall be the Spanish version.
I. PROCESSING OF BROWING DETAILS
The browsing details, such as the provider’s domain name (PSI) and/or IP address which gives them access to the network, the date and time of access to our website (www.okrentacar.es) or the Internet address from which the link directing to it starts, shall be processed for statistical purposes and for the improvement of said website.
III. PROCESSING OF PERSONAL DETAILS
INFORMATION ON FILES AND PROCESSING.- In accordance with Spanish Data Protection Act 15/1999, of 13 December (LOPD), you are informed that the personal details collected on this website shall be incorporated in files owned by OK RENT A CAR S.L., with address in Av. Gran Vía Asima, 36,-07009, Palma, Balearic Islands, Spain.
CONTACT DETAILS: The personal details collected in relation to a query or request shall be handled to process it, and, where applicable, contact you in relation to this.
COMMERCIAL COMMUNICATIONS.- Unless you indicate otherwise, your details will also be processed to keep you informed, either by email or any other means, of operational and commercial information and performing opinion surveys on products and services offered by OK RENT A CAR S.L. or by the companies forming part of OKGroup or companies of the same industry, with which it collaborates, related to the leisure, insurance, financial and automotive industries.
RIGHTS OF THE INTERESTED PARTY.- The affected parties can exercise their rights of access, rectification, cancellation or opposition by a written request, enclosing a photocopy of your identity card, addressed to Av. Gran Vía Asima, 36,-07009,Palma, Balearic Islands, Spain.
The Renter’s signature on the Agreement shall be considered as acceptance of the General and Specific Conditions specified in the agreement.