Condiciones Generales

GABYROBER SL (AUTOS VERGER) GENERAL VEHICLE LEASE CONDITIONS

These general conditions govern the contractual relationship between Autos Verger (“the Lessor”) and the client (“the Lessee”). Under these general conditions, the former grants the latter the use of a vehicle for the term, price, and other conditions set forth in the rental agreement.

• USE OF THE VEHICLE

The Lessee receives the vehicle described in the contract in proper working order and without defects, with a set of keys. The Lessee must verify this at the start of the rental period. Any defects must be reported to the Autos Verger office at Avenida Primavera number 7, Colonia de Sant Jordi, or by calling 0034-971656589. The Lessee must also verify that child seats are properly secured. The Lessor assumes no liability for failure to verify these aspects, which are the sole responsibility of the Lessee. It is mandatory for the renter to always carry their copy of the rental agreement with them.

• • Please note that, according to our terms and conditions, cars must be returned on the last night.
  • or, for example, at 8:00 PM or even 11:00 PM (the 24-hour system only applies to the airport).
  • The renter agrees to use the vehicle and accessories diligently and return them in the same condition as they were delivered. They will allow any necessary safety inspections to be carried out and drive the vehicle in compliance with the regulations of the Highway Code.
  • If, during the rental period, repairs to any parts of the vehicle that may affect driving safety are necessary, the renter must inform Autos Verger and will be informed of the steps to be taken.
  • In vehicle leases provided with an AdBlue ® tank, the lessee must ensure that the tank is always sufficiently full, being liable for any damages caused by the tank. Failure to comply with this obligation, including any administrative sanctions or fines, mechanical damage, or accidents involving the vehicle or third parties.
  • If the Vehicle is abandoned, a vehicle recovery fee of up to €1,000 plus all expenses and costs arising from its recovery will be charged. Returning the vehicle before the end of the period does not, under any circumstances, imply the refund of any amount to the Lessee, as it is considered a unilateral termination of the Contract by the Lessee. If the Lessee breaches any of the points established in the General or Specific Conditions established in the Contract, the Lessor reserves the right to withdraw the Vehicle from the Lessee at any time, and the Lessor may claim damages.
  • The Lessee receives the Vehicle in perfect condition and must keep it in good condition. No exterior or interior modifications are permitted. If any type of modification is made, its return to its original condition plus any possible damages will be charged to the Lessee. Repairs in a workshop or replacement of spare parts may only be carried out with the express written authorization of the Lessor. No repair costs will be reimbursed unless the Lessor has given prior consent and acceptance of the estimate and the workshop performing the repair. In the absence of such express written consent, the Lessee will be solely responsible for paying these costs, both for the workshop and for spare parts.
  • Use of the Vehicle: It is imperative that the Lessee carry a copy of the rental agreement and proof of rental dates.

• RESERVATIONS
  • Reservations refer to vehicle categories. A reservation in a category does not confer the right to be assigned a specific model within that category.
  • The Lessor will hold the reservation until 60 minutes after the agreed time and is not obligated to provide the service under the agreed conditions after this period. This point will not apply if the delay in picking up the vehicle is due to a late arrival of the aircraft. Cancellations must be made at least 48 hours before the start of the rental. If a reservation with “premium” insurance is cancelled between 48 and 24 hours in advance, the charge will be 50% of the rental price. If the cancellation is made less than 24 hours in advance, the cancellation fee will be 50%. The amount will be equivalent to 100% of the reservation price. Reservations with BASIC Insurance are non-cancellable and non-refundable.
  • To cancel a reservation, the renter must communicate this intention by emailing info@rentacarverger.com, attaching the reservation document.
• AUTHORIZED DRIVERS, PERMITTED USES.
  • Upon return of the vehicle, the renter must present a valid driver’s license, as well as an ID valid for the rental of said vehicle and valid in the country of rental. All required documents must be presented in physical form. Photocopies and photographs are not accepted. If the renter fails to present these documents, the lessor will terminate the rental agreement, with no compensation to the renter. The vehicle may only be driven by the renter and those persons designated in the rental agreement. It is the renter’s responsibility to ensure that any driver holds a valid driver’s license. At the Lessor’s request, the Lessee must list the persons authorized to drive.
  • The vehicle may only be used on properly paved public roads. The Lessee’s signature on the Contract will be deemed acceptance of the general and specific conditions specified in the contract. If the Lessee uses the vehicle in any of the following unauthorized situations, they will be liable for any damage caused to the vehicle and to third parties, regardless of the type of insurance purchased. Therefore, the Lessee must pay the costs arising from any of the following situations. Unauthorized use includes, but is not limited to, the following cases, cited as examples:
    • Participation in competitions.
    • Illegal racing.
    • Driving without a permit or driving license, or without the Lessor’s authorization.
    • Transferring the vehicle to a third party.
    • Pushing or towing any other vehicle.
    • Driving in areas unsuitable for public transport, such as beaches, car racetracks, etc.
    • Driving on unpaved roads • Negligent conduct in response to the activation of warning lights or signals on the vehicle’s dashboard, which the Lessee acknowledges by signing this contract.
    • Transporting furniture or merchandise.
    • Transporting animals in the vehicle.
    • Transporting people or goods that directly or indirectly requires payment to the Lessee (e.g., using the Vehicle as an illegal “Taxi”).
    • Subleasing the vehicle.
    • Transporting a number of people or luggage exceeding the authorized number of seats in the vehicle, according to the number of seat belts.
    • Transporting luggage on the vehicle (placing a roof rack on the vehicle is not authorized).
    • Leaving objects visible in the vehicle.
    • Soiling or damaging the interior of the vehicle.
    • Driving the vehicle while fatigued, ill, or under the influence of alcohol, medication, or drugs.
    • Reckless driving.
    • Driving contrary to traffic regulations.
    • Using the vehicle after the end of the rental period.
    • Do not use a baby or child seat if traveling with children under 12 years of age or anyone shorter than 135 centimeters.
    • Smoking is prohibited inside the vehicle.
    • Parking in areas not properly designated or signposted.
  • It is expressly prohibited to take the vehicle off the island. If the vehicle is taken off the island, a charge of up to €1,500 will be applied, plus vehicle recovery costs.
  • The renter must ensure that the vehicle’s cargo is properly secured and always respects the authorized load and/or occupant limits. It is the renter’s responsibility to properly lock the vehicle upon leaving it.
  • The renter will be personally and jointly liable for any person driving the vehicle during the rental period.
  • Without prejudice to the lessee’s liability to third parties, if any of the circumstances provided for in points 1 to 3 occur, the lessor may terminate the contract with immediate effect and claim compensation for damages, including any lost profits caused by the breach in question.
  • The Renter and any additional drivers must be at least 21 years of age and have held a driver’s license for at least 3 years. They must present a valid ID card or passport, both documents valid for the entire rental period, in physical form, legible and in good condition, and accepted by Spanish law.

• RENTAL FEES
  • The rental fees are those specified in the rental agreement. The minimum charge will be a 12-hour rental. Unless a discount or special price has been agreed upon, the rental fees listed in the price tables displayed at any Autos Verger location will apply.
  • The rental price does not include costs such as refueling, gasoline, or the costs of delivering or collecting the vehicle outside of an Autos Verger station, unless specifically mentioned. Special prices, offers, and discounts will not apply if the Renter is late with payment. The Lessor reserves the right to modify charges and discounts due to a clear error or incorrect information provided by the Lessee.
  • If the vehicle is returned to a location other than the drop-off point, the Lessee must bear the cost of the return service to the correct drop-off point.
  • If the Lessor picks up the car at Palma de Mallorca Airport, they will pay the parking fee to exit the car park. This payment will not be attributable to Autos Verger.
  • The Lessor agrees to return the car with the same fuel level as when it was delivered. If this condition is not met, Autos Verger reserves the right to charge a fee equivalent to the amount of fuel remaining up to the amount established in the contract plus the refueling service fee, equivalent to €30.
  • Autos Verger reserves the right to charge customers who return the car in unhygienic, dirty, or otherwise misused conditions. o Autos Verger reserves the right to charge up to €150 for customers who return the car with lost or broken child seats.
  • Autos Verger reserves the right to charge up to €30 for each hour the customer returns the agreed-upon return time earlier or later than the agreed-upon return time in the rental agreement. Rentals without prior notice and confirmation from Autos Verger are prohibited.
  • Autos Verger reserves the right to charge up to €500 if smoking is found inside the rented vehicle.
  • If the lessor wishes to extend the rental, for the contract extension to be effective, they must receive written authorization from Autos Verger via email, make the payment for the extension, and sign the new rental contract. Failure to comply with any of these three conditions will result in a penalty of €190 per rental day in addition to the payment for the extension. No insurance will cover any damage or malfunction caused to the vehicle in the event of a unilateral extension of the rental contract.

• EXPIRATION, PAYMENT CONDITIONS, GUARANTEES
  • All services will be paid by credit card (VISA or MASTERCARD, AMEX), debit card, or cash at our facilities or to the person in charge of delivering the car. The Lessee is required to present a valid, physical card upon signing the contract.
  • The Lessee accepts the terms and conditions set forth in this document, as well as any applicable charges arising from the rental period or other costs stated in this document. These charges will be made to the card provided by the Lessee upon signing the contract. If the card provided does not have sufficient funds to cover any debt or payment owed to the company, the Lessee agrees to make a bank transfer to GABYROBER S.L. within a maximum of 24 hours. After this period, the amount will increase by 25% for each week the Lessee is late with payment. Autos Verger, GABYROBER S.L. reserves the right to initiate legal proceedings of any kind against Lessees who fail to comply with the payment procedures set forth in this document.
  • The Lessor reserves the right to deny requests for extensions for operational reasons.
  • If the Contract cannot be extended due to vehicle unavailability or for any other reason, the customer must return the vehicle on the agreed date, branch and time. Therefore, in the event that the Contract is extended, the customer must make an additional payment for said extension.
    • The payer must ensure that their bank card has sufficient funds at the time of vehicle collection to be able to collect the rental payment with all contracted options.
    • INSURANCE
  • The rented vehicle has mandatory Third Party Liability insurance with a maximum coverage of €50 million.
  • The vehicle insurance coverage for own damage due to theft, fire, and force majeure will be reserved. With or without excess.
  • The applicable excess per claim are those in force and contracted prior to the rental.
  • Similarly, insurance coverage will be excluded for claims in which the driver of the vehicle is not an authorized driver, does not hold a valid driver’s license, or is not using the vehicle.
  • Autos Verger offers three types of insurance to customers. If either of these two options is purchased, this will be reflected in the rental agreement.

In addition, each day the vehicle is being repaired due to an accident caused by the lessee, the lessee will be required to pay a fee of up to €350 to Autos Verger.

“STANDART” insurance does not include:

1. Expenses arising from lost or broken keys.
2. Expenses arising from damage to wheels, tires, or rims.
3. Expenses arising from a broken or stolen antenna.
4. Expenses arising from broken windows or glass.
5. Expenses arising from incorrect fuel refueling.
6. Expenses arising from roadside assistance.
7. Expenses arising from handling fines.
8. Replacement car.
9. Damage or breakage of the clutch.
10. Expenses arising from the key return service. 11. Damage to the vehicle’s body.

In addition, each day the vehicle is being repaired due to an accident caused by the renter, the renter must pay a fee of up to €350 to Autos Verger.

The “Premium” insurance does not include:

1. Expenses arising from lost or broken keys.
2. Expenses arising from incorrect refueling.
3. Expenses arising from handling fines.
4. Expenses arising from damaged or broken clutch.
5. Expenses arising from the key return service.
6. Replacement car in the event that the driver of the Verger vehicle is found to be at fault for the accident.

• The “Extra” insurance does not include expenses arising from the key return service.
• No insurance or rate includes or covers damage to the vehicle resulting from reckless driving, driving under the influence of alcohol or drugs, or driving off public roads or unpaved roads. Damage caused by reckless, negligent, or imprudent driving (for example, driving while using a cell phone, distracted driving, and other actions penalized by current Spanish traffic regulations) is also not covered under any circumstances. If the vehicle is immobilized or damaged due to reckless or imprudent driving, driving under the influence of alcohol or drugs, or driving off public roads or unpaved roads,
• All damage or defects to the vehicle must be reported immediately to Autos Verger by email at info@rentacarverger.com. All damage to the vehicle that is not reported by this method will not be covered by any type of package or insurance (Standard, Premium) and will be borne by the renter. It is essential to send an email detailing the causes of the accident, in addition to attaching photographs of the accident. In the event that the accident is the result of a collision with another vehicle, it is essential to submit a properly completed accident report for the Premium insurance to cover the damage or defects. In case it is not possible to identify the other vehicle or driver because they have fled the scene or the lessor was not present at the time If the incident is confirmed, the lessee must file a report with the competent authority and present a copy of the report to GABYROBER S.L. Any damage or malfunction caused to the vehicle or third parties without the required documentation (a certified copy or police report) will not be covered by any insurance.
• Breakdown Due to Incorrect Fuel: If the vehicle breaks down due to refueling with the wrong fuel, the lessee will be responsible for the costs of emptying the tank, refueling with the correct fuel, any repairs, and travel (€0.90 per kilometer one way and €0.90 per kilometer return) from the office at Avenida Primavera number 7 in Colonia de Sant Jordi de Ses Salines.
• Damage and malfunctions inside the vehicle are not covered under any circumstances or insurance. The lessee will assume all costs incurred inside the vehicle plus an amount of up to €350 for each day the vehicle is being repaired. • Insurance Coverage Purchased Through Intermediaries: Insurance purchased through intermediaries will not include coverage with Autos Verger. It is the customer’s responsibility to manage any potential reimbursement with the additional company purchased.
• Autos Verger reserves the right to cancel the delivery of the vehicle in the event of well-founded doubts about the customer’s financial capacity or due to a history of non-payments or serious incidents with Autos Verger.
• ACCIDENTS / THEFT / OBLIGATION TO REPORT
  • In the event of an accident, theft, fire, natural damage, and in general in any case of damage, the lessee must do everything possible to protect the interests of the lessor. In particular, the lessee must immediately report to the police if a crime has been committed, if there are injuries, or if the culpability of those involved must be investigated.
  • In the event of an accident, the lessee must complete the standard accident report found in the vehicle’s documentation and notify the lessor of the accident within 24 hours, providing a copy of the report, the original of which must be delivered within two days at the latest. If the other party refuses to sign a report, the lessee must request police presence. Furthermore, the lessee must:
    • Concisely and accurately describe the accident and, where applicable, list the names of any witnesses. • Do not prejudge or accept any responsibility for the accident.
    • Do not abandon the Vehicle without taking appropriate measures to protect it from further damage by leaving it locked and out of the way of traffic. Immediately report the incident to Autos Verger by calling +34-91656589 and emailing info@rentacarverger.com with all documentation. In the event of an accident or criminal act, the Lessor will not be obligated to offer the Lessee another rental vehicle. In this situation, the Contract between the Lessor and Lessee will be deemed terminated, and the Lessee will be responsible for paying the Lessor all expenses arising from the Contract.
    • The accident and/or damage reports referred to in the previous points must be completed completely and with as much detail as possible, regarding both the damage and the circumstances under which it occurred. • The Lessor shall not be liable for damage to or theft of items stored inside the vehicle.
• LESSEE’S LIABILITY.
  • The Lessee receives the vehicle in proper condition, with proper bodywork and without defects, except for any observations made upon receipt. The Lessee must return it in the same condition. The Lessee is liable to the Lessor for any damage to or theft of the vehicle, as well as, in general, damages for breach of contract, subject to the limitations of liability agreed upon by the Lessee, in addition to any resulting from the application of current legal provisions not regulated in these conditions.
  • Furthermore, the Lessee shall be liable without limitation for violations of any regulatory provisions committed during the term of the contract, especially for traffic violations. A sum of up to €50 will be charged for handling fines attributable to the driver.
  • Damage to the engine will not be covered; nor damage to windows and mirrors, or tires, unless the corresponding insurance is purchased, nor damage to the underbody or roof of the vehicle, as well as the cost resulting from the loss/damage of the vehicle key.
  • In the event of a breakdown or accident outside the agreed rental period: Once the contractual relationship between the Lessee and the Lessor (hereinafter, the Parties) has ended, the The Lessee will be responsible for 100% of the cost of repairs and expenses incurred on the Vehicle, in addition to a penalty of up to €350 for each day the vehicle is unavailable for re-rental.
  • Traffic Violations: The Lessee will be responsible for paying any 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 a fee for notification and processing of fines for any penalties imposed on the Lessee. Payment of fines is not included in any of the coverages that may be purchased. In the event that the authorities detain the Vehicle due to an act or omission on the part of the Lessee, regardless of the cause, the Lessee will be responsible for and will indemnify the Lessor for all expenses and lost profits incurred as a result, in addition to a penalty of up to €350 for each day the vehicle is not available for re-rental by Autos Verger.
• VEHICLE RETURN
  • The Lessee is obligated to return the vehicle, keys, documentation, and accessories at the agreed location and before the expiration of the contracted term. This must be done during normal office hours posted at Avenida Primavera 7 Colonia Sant Jordi Autos Verger or Airport.
  • In the event of late return of the vehicle, the vehicle will be billed according to the rates in effect at that time.
  • It is the Lessee’s responsibility to ensure the return of the vehicle at the agreed location.
  • Items found: The Lessee must empty the Vehicle of all personal belongings. The Lessor is not responsible for any items found in the Vehicle. Notwithstanding the foregoing, any items found in the Vehicle may be returned to the Lessee upon express written request to info@rentacarverger.com. In this case, the Lessor will charge a fee for the handling of the items, in addition to the costs of their return, which will be fully borne by the Lessee.
• RIGHTS OF THE LESSEE
  • If, for reasons beyond our control, we do not have the rented car model available, the company reserves the right to change it, always replacing it with a similar car or one of a higher category for the same price.

• DATA PROTECTIONIn accordance with current Personal Data Protection regulations, we inform you that your data will be incorporated into the processing system owned by GABYROBER SL, with CIF B57824237 and registered office at Avenida Primavera 7, 07638, Colonia de Sant Jordi (MALLORCA) (ILLES BALEARS), for the purpose of managing the vehicle rental. In compliance with current regulations, GABYROBER SL informs you that the data will be retained for THE LEGALLY ESTABLISHED PERIOD. o We also inform you that the processing mentioned in the previous paragraph is legitimized by the satisfaction of GABYROBER SL’s legitimate interest. o We also inform you that the processing indicated in the previous paragraph is required for the execution of the contract between you and our company. By means of this clause, you are informed that your data will be communicated, if necessary, to: public administrations and all entities with which communication is necessary for the provision of the aforementioned service. GABYROBER SL informs you that it will process the data in a lawful, fair, transparent, appropriate, relevant, limited, accurate, and up-to-date manner. Therefore, GABYROBER SL undertakes to adopt all reasonable measures to ensure that such data is deleted or rectified without delay if it is found to be inaccurate.