Yves Monteux t/a Rent a Classic Mallorca hires the vehicle/s to you, subject to this rental agreement and terms and conditions to be signed by you and any other appendices which may be required to be signed by you. On signing this agreement you acknowledge that you fully understand the rental agreement and terms and conditions in their entirety and that you are bound by all terms and conditions presented to you. Permission to use the vehicle/s is granted to you subject to the following:

1. Definitions

“This Agreement” – means the rental agreement and terms and conditions, together with the pre-check form, definition of damage form and any other documentation required by us to be signed by you in connection with your rental of the vehicle.

“Insurance excess and damage deposit” – means the amount of between 600€, 1000€ and 1500€ (dependant on type of vehicle) payable by you in respect of the insurance excess fee.

“Rental Agreement” – means terms of rental with which you must comply.

“Rental Period” – means the duration of the period in which the Vehicle is in your control and possession.

“Vehicle” – means the vehicle described in the Rental Agreement, and includes vehicle

documentation, wheels, tyres, tools, accessories and any other related equipment, as well as any vehicle with which it may be substituted in our discretion.

“We/us/our” – means Yves Monteux t/a Rent a Classic Mallorca, of Cami de son ribes, pol 4, parcel 476, 07340 Alaro, Baleares, Spain.

“You” – means the person, company, firm or organisation who signs the Rental Agreement, together with any authorised driver stated on the Rental Agreement.

2. Booking

Call YVES Monteux or send an email to info@rentaclassicmallorca.com advising of your intention to book a vehicle. We will acknowledge same, but only on receipt of 50 % (fifty per cent) of the fee (“the deposit”), and confirmation that you have read and agree to all of the terms and conditions, will a booking confirmation be sent to you outlining the dates and details of your reservation of the vehicle. Such booking confirmation will be binding on you.

The balance of the hire fee will be required 30 (thirty) days prior to the hire date. Should we not receive full payment within the time stipulated, we reserve the right to cancel the booking and retain the deposit.

In the case of bookings made less than 30 (thirty) days prior to the hire date, full payment must be made at the time of booking the Vehicle.

3. Rates

The daily rates applicable are as set out on the prices page of the Rent a Classic Mallorca website.

4. Documents On Collection

On collection of the Vehicle, the primary cardholder must be present and must provide the following original items of identification:

• Passport – including the passport of any further authorised driver;
• Valid driving license – including that of any further authorised driver. Should the driving license not be valid in Spain, a valid International Driver’s License will be required in addition to the driver’s license;
• A utility bill or bank statement, that is not more than 3 (three) month’s old and registered to the address of the card holder;
• Valid credit card.
Prior to departing with the Vehicle, you will be required to sign and acknowledge that you are fully aware of all the terms and conditions of the Agreement.

5. Insurance and Insurance Excess Damages Deposit

All of our Vehicles are insured with Fully Comprehensive Cover and include 24 hr road assistance.

The standard excess is 1500€ in respect of the Lotus 7 Replicas and the VW Camper Van, 1000€ in respect of the MGB Roadsters and 600€ for the Citroën 2CV and BMW Convertible.

In the event of an accident resulting in any damage to third party property, or the Vehicle, you will be liable for the first 600€, 1000€ or 1500€, as the case may be. Please note that this excess applies to each claim, and not each rental.

We require that when you book the Vehicle, you grant us permission to obtain a pre-authorised amount of either 1000€ or 1500€, on your credit card to cover Insurance Excess and Damages Deposit.

You will be fully liable for replacement or repairs, including but not limited to, tyre damage, windows, windscreen, roof, undercarriage damage, clutch or gearbox damage, as well as for damage to internal fixtures and fittings, upholstery, paint and any equipment provided with the Vehicle.

Should the Vehicle be stolen and you cannot find the keys to the Vehicle, then you are fully liable for the replacement cost of the Vehicle and any consequential losses associated therewith.

You will also be fully liable for any costs associated with incorrect use of fuel in the Vehicle.

We will not be liable in respect of any items which may be stolen from the Vehicle, including personal items and it is strongly recommended that you arrange further travel insurance to cover effects for personal injury, whatsoever the cause.

6. Age Limit & Driver History

All drivers must:

• Be between 28 and 68 years of age to drive the Caterham and Rush Super seven cars;
• Be between 25 and 75 years of age to drive the standard classic cars;
• Hold a full driving license for cars (manual gearbox) for more than 5 (five) years prior to rental.

Persons not insured to drive:
• Those who have been involved in an accident whilst driving in the past 3 (three) years;
• Those who have been convicted of an offence in connection with driving a motor vehicle or motor cycle and had their license suspended or endorsed with more than 9 (nine) points in the 5 (five) years;

• Those who have any physical or mental defect or infirmity that affects their ability to drive a vehicle.

7. Damages Deposit

Should the exess not be required, we are in any event authorised to retain the pre-authorised amount mentioned in 4 above for a period of 2 (two) weeks after the return of the Vehicle, in order to cover the possibility of damage to the Vehicle or accessories, fixtures and fittings, or equipment included in the rental. This payment will not be processed unless loss or damage occurs, or any additional charges arise during the rental period. Additional charges which may be deducted from your credit card include, but are not limited to:

• Fuel – the Vehicle will be supplied with a full tank of fuel. Should you fail to return the Vehicle with a full tank, missing fuel will be charged;
• Speeding and traffic fines, penalties or infringements arising out of your use of the Vehicle, including fines and infringements for parking, clamping, towing or obtaining release of the Vehicle from a compound, as well as all legal and court fees or costs arising from such infringements or penalties;
• Replacement of lost keys;
• Additional driver charge (if applicable);
• Daily charge for GPS rental (if aplicable);
• Any further charges to return the Vehicle to the same condition it was in at the time of collection, including any cleaning that may be necessary.

Should a claim arise, we reserve the right to retain the pre-authorised amount for the period necessary in which to quantify the charges and to deduct such charges from your credit card. Should we release the pre-authorisation from your card without deduction, prior to noticing damage to the Vehicle or equipment, or additional charges, your signature to this agreement provides us with permission to deduct this amount from your card. Should damages exceed the pre-authorised amount, you will be liable for settling the additional costs, as well as for any legal costs that might be incurred by us in recouping those costs. Where charges are incurred which result in our deducting monies from your credit card, a detailed invoice will be provided to you, stipulating the charges so debited.

8. Collection & Return of the Vehicle

The time for collection of the Vehicle will be as stipulated on your booking confirmation. Should you be in excess of 30 (thirty) minutes late, kindly inform us in order to ensure there is someone on hand to assist you on collection. Please set aside a period of between 30 – 60 minutes in order to conclude the handover on arrival at our premises, in order for us to take you through the Vehicle and its equipment and to conclude the documentation.

The Vehicle should be returned to our premises by 5 pm on the final day of the rental period. It should be clean, inside and out, with a full tank of fuel and in the same condition as it was when it left the premises. Failure to comply with this provision will result in charges made against your credit card.

You remain fully responsible for the Vehicle until such time as the keys are handed back to us. Should you abandon the Vehicle, any charges therefor will be deducted from your credit card.

No monies will be refunded should the Vehicle be returned prior to the return date.

It is not possible to extend the Rental Period without prior authorisation from us. We may agree to such extension, but for insurance purposes the maximum rental period cannot exceed 28 (twenty eight) days. You will not be insured if you return the Vehicle after the period stated on the Rental Agreement.

Should you return the Vehicle 1 (one) hour after the agreed return time, we are entitled to a further full day’s rental. Any other charges which may be incurred by us as a result of a late return will be deducted from your credit card, and by signing this Agreement you agree thereto. Any revenue lost as a result of late return of the Vehicle due to an accident will also be charged to you.

9. Conditions of use

During the Rental Period, the Vehicle may only be driven by you or an additional driver stipulated on the Rental Agreement. You and any such authorised driver are jointly and severally liable for your obligations under this Agreement. You are not permitted to:

• Drive the Vehicle outside of Mallorca;
• Use the Vehicle for any race, rally, track event or contest;
• Drive the Vehicle in areas unsuitable for public transport or on dirt roads, or very poorly paved roads that may cause damage to the underside of the Vehicle;
• Rent, sell or dispose of the Vehicle or its parts, or sub-lease the Vehicle;
• Overload the Vehicle or carry more passangers than are designated for;
• Use the Vehicle for any illegal purpose;

• Use the Vehicle to push, pull or tow any vehicle or trailer;
• Cause damage to the Vehicle by leaving tempting items in plain sight inside the Vehicle;
• Drive the Vehicle under the influence of alcohol, medicine or drugs;
• Carry passengers or property for hire or reward;
• Use the Vehicle to carry dangerous goods such as volatile liquids, gases, explosives or other corrosive and inflammable material;
• Use the Vehicle to give driving lessons;
• Manipulate the odometer – any malfunction of the odometer must be reported to us immediately;
• Drive in a manner that is reckless or without caution;
• Drive against traffic regulations;
• Use the Vehicle in a manner which could cause any damage whatsoever;
• No smoking is permitted in the Vehicle at any time – any damage caused to the Vehicle through smoking will be for your account;
• No pets or animals are allowed in the Vehicle at any time;
• Otherwise in any way breach any of your obligations under this Agreement.

10. Maintenance during the Rental Agreement

You undertake to take all reasonable steps to properly maintain the Vehicle, including checking the oil, coolant and water levels, as well as the tyre pressure and battery, on a daily basis.

Should the Vehicle be damaged by your actions or ommissions, you will be fully liable for the cost of repair or replacement. This includes filling the Vehicle with incorrect fuel and damage to the clutch, gearbox, wheels and tyres.

No repairs, alterations or additions may be made to the Vehicle.

11. Fuel Policy

The Vehicle will be supplied with a full tank of fuel at the start of the Rental Period. You must return the Vehicle with a full tank at the end of the Rental Period, and your failure to do so will result in our charging you for missing fuel at the locally determined price, together with a fuel collection fee of €50.00.

12. Loss of Keys

Should you lose, damage or lock the keys in the Vehicle, you will be fully liable for the replacement thereof. In such even, please contact us immediately. Only on replacement of the keys and the placing of them in our possession, shall the Vehicle be deemed to have been returned to us.

13. In the event of a Breakdown

Should the Vehicle break down or should you experience any mechanical difficulties, please report same to us immediately. Our Vehicles are covered by 24 hour breakdown assistance and in the event that quick repairs cannot be made, we reserve the right to offer a substitute vehicle. If that is not possible, we will refund the hire costs for the remainder of the Rental Period.

The extent of our liability in relation to a breakdown is limited to substitution of the Vehicle or a refund of remainder of the hire costs. We are not in any way liable to pay for other costs such as accommodation or travel costs.

If you have broken down, please remember to remain at a safe distance from the Vehicle until the roadside assistance arrives. You are not permitted to abandon the Vehicle at any time. You must hand the keys over to the roadside assistance on their arrival. Should you abandon the Vehicle, you will be responsible for any transport, labour and other charges associated with returning the Vehicle to our premises.

14. In the event of an accident

In the event of an accident, loss or damage arising out of the use of the Vehicle during the Rental Period, you will:

• Not accept responsibility or admit to any liability to other parties, make any settlement offers or the like;
• Notify us as soon as possible prior to filling in the accident report form;
• Report the incident to the police and obtain the names and addresses of third parties and any witnesses to the incident;
• Undertake to assist us in any claim arising from the incident, including providing us with all relevant information and attending at court to give evidence;
• Acknowledge that the excess or any other amount due by you as a result of any damage arising from the incident, is payable at the time of reporting the event and not at the completion of the Rental Agreement;
• Pay for any costs relating to delivery of a substitute vehicle as a result of the accident regardless of whether you were at fault or not.

15. Payment

Payment may be made by Visa, MasterCard, bank transfer or cash.

When paying by credit card, you agree to the following:

• We are authorised to take action, including the completion of documentation, to recover from your credit card all amounts due by you in accordance with this Agreement, including but not limited to, any amounts due as a result of damage to the Vehicle or property of a third party, and any other charges which may be incurred as a result of your rental of the Vehicle (including parking fines, traffic fines and administration costs incurred).
• You will not dispute any liability to us for any amount due under this Agreement, and agree to indemnify us and keep us indemnified against any and all loss howsoever arising (including legal costs) by reason of us notifying your credit card issuer of such a dispute.
• Should we accept payment of the damages deposit by holding an open security payment which will be cancelled 2 (two) weeks after completion of the Rental Period, you agree that we are entitled to recover payment from your credit card in respect of any amounts due of which we were not aware at the time of cancelling the open security payment.
• All transactions are quoted in Euros, and we will not be liable for any fluctuations which may occur between the amount initially debited against your credit card and the amount refunded within two weeks after expiration of the Rental Period.

16. Cancellation

A full refund of the deposit will be granted to you if cancellation is made 30 (thirty) days before the date of collection of the Vehicle.

A 50 % (fifty per cent) refund will be granted to you if cancellation is made between 29 (twenty nine) and 15 (fifteen) days of the date of collection of the Vehicle.

No refund will be granted if a cancellation is made within 14 (fourteen) days of the date of collection of the Vehicle.

In the event that the full price was paid on booking as a result of it being made less than 30 (thirty) days prior to the hire date, no refund will be made.

In the event that we cancel the Agreement, as a result of unavailability of the Vehicle due to circumstances beyond our control, a full refund will be offered to you. You shall have no further claim of any kind against us.

We reserve the right to cancel the Agreement in the event of invalid driving licenses, or if our terms and conditions are not met and in such circumstances no refund will be made to you.

17. Indemnity

You hereby agree to indemnify and hold harmless Yves Monteux t/a Rent a Classic

Mallorca, from any liability to you (regardless of who is at fault) for any loss or damage howsoever arising and incurred by you as a result of this Agreement, including but not limited to:

• Any loss or damage caused by mechanical failure, defect, accident or the Vehicle being unfit for your purpose;
• Any loss or damage to property left in or on the Vehicle or at our premises, or recovered or handled by us.

You furthermore indemnify us, our employees, agents and assigns against any claims, demands or expenses of whatsoever nature (including legal costs) incurred by us or them by reason of your use and/or possession of the Vehicle.
Should you incur any loss or damage as a result of our negligence, then our liability therefor will be limited to the loss or damage which was a foreseeable result of such negligence. With the exception of the case of death or personal injury resulting from our gross negligence, our total liability to you in respect of any breach of these terms or tort or act or omission by us in connection with this Agreement will be limited in aggregate to the price agreed to be paid by you for the right to use the Vehicle for the period agreed.
Should you be acting in the course and scope of a business or organisation then this paragraph replaces that of the paragraph above. We will not be liable for any claims of whatsoever nature relating to loss of profit, business, contracts, goodwill, anticipated savings, expenses, consequential losses or other similar losses, for any reason whatsoever. In the case of death or personal injury as a result of our gross negligence, our liability will be limited to the price agreed to be paid by you for the right to use the Vehicle for the period agreed, whether our breach is one of these terms and conditions, tort or other act or omission by us in connection with this Agreement.

We reserve the right to refuse to hand over the Vehicle to you if you appear to be unfit to drive the Vehicle or you fail to provide us with the required documentation. Should we become aware that you or your passengers are behaving in negligent or abusive manner during the Rental Period, we reserve the right to retrieve the Vehicle at your cost, with no refund for loss of hire days to you.

18. Breach

Should you not comply with any of the terms and conditions contained herein, you will be liable to us for any liability or loss incurred by us or damages or expenses we may suffer or have suffered as a result thereof. We reserve the right to retrieve the Vehicle from you at any time, and at your expense, should you breach this Agreement.

19. Title to Vehicle

We reserve the right, title and ownership of the Vehicle throughout the rental period, and you acknowledge that you are merely hiring the Vehicle and do not have any right to attempt to sell, mortgage, offer, pledge, let, hire, sublet, lend or otherwise part with the personal possession of the Vehicle.

20. Amendments

Any amendments, alterations or additions to the Rental Agreement must be signed by both parties hereto.

21. Governing Law

This Agreement shall be governed by Spanish law. In the case of any actions or claims arising out of this Agreement, the parties submit to the jurisdiction of the Courts of Palma de Mallorca.

22. Entire Agreement

This Agreement, together with its appendices, constitutes the entire agreement between the parties. We reserve the right to vary the rates, terms and conditions of hire, and to refuse to hire to any person without explanation or notification.

These terms and conditions supersede all previous versions, and any or all prior written or oral communications between the parties, and incorporate the whole agreement. In the event of any inconsistency between these terms and conditions and any other literature, such as our website or brochure, the provisions of these terms and conditions will prevail.

Should any terms of provisions of these terms and conditions be found to be unlawful, void or unenforceable, then that provision, shall to the extent required, be deleted from the Agreement and made ineffective insofar as possible, without the need for modification of the rest of the Agreement and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

23. Website Conditions and Privacy Policy

The provisions of this paragraph applies to our website and governs data collection and usage of the website. The website is owned and operated by Yves Monteaux t/a Rent a Classic Mallorca of Cami de son ribes, pol 4, parcel 476, 07340 Alaro, Baleares, Spain.

By using our website you agree to the following:

Your privacy is of paramount important to us.
During your enquiry and the booking process, we may collect personal details from you such as your email address, name, home address, telephone numbers, work address etc. This information is required in order to make the booking possible. Other information, such as your IP address, browser type, domain name and other information relating to your hardware and software may also be collected from you in order to provide you with the service you require.

Our website may include links to third party websites. We do not endorse any such websites and are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk. Should you link to third party websites from our website, you are encouraged to check those third party sites’ privacy policies.

Your personal information will not be passed on to any third party companies (aside from our insurance company). Payment details will be processed through a secure system.

As mentioned above, we collect and use your personal information in order to provide you with the service you require. We will take reasonable measures to ensure that information that you transmit to our website will remain confidential and protected from unauthorised access, however we do not warrant against unauthorised access and will not be liable for any unauthorised access by means to that information.

Information collected from you is used in order to notify you of any of our promotions, products or services which may be available from time to time. We do not rent, sell or lease customer lists or details to third parties. We keep track on the website of which links and pages you are interested in, merely to determine which services are most popular.

We will disclose your personal information, without notice, only if required to do so by law or in the bona fide belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us or the website; protect and defend our rights or property; and to protect the personal safety of users of our website or the public.

We may make improvements or changes to the information, services, products and other materials on our website, or terminate the website, at any time without notice. We may also modify these terms and conditions at any time, and such modification shall be effective as soon as they are posted on our website. By accessing our website, you acknowledge your acceptance of the modified terms and conditions.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. We are not responsible for the accuracy of any message sent by email over the internet, whether from you to us, or us to you. We do not warrant that your access to the website will be interrupted or error-free or that any information, data, content, software or other material accessible through our website will be free of bugs, viruses, worms, Trojan horses or other harmful components.

In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind whatsoever arising from your access or use of our website, or access to third party websites from our website, including loss of profit and the like whether or not in contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

No representation is made by us as to the suitability of information, services and materials contained on our website. All such information is provided “as is” without warranty of any kind.

You agree to indemnify and hold us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of our website terms and conditions.

All trademarks, copyright, database rights and other intellectual property rights in the materials on our website, together with the underlying software code are owned directly by us or our licensors. You may not copy, modify, alter, publish, broadcast, sell or transfer any material on this website or its underlying code whether in whole or in part. Contents of our website may be downloaded, printed or copied for your personal non-commercial use.

In using our website, you agree that you will not:

• Post, transmit or disseminate any information on or via our website which is or may be harmful, obscene, defamatory or otherwise illegal;
• Use this website in a manner which causes or may cause an infringement on third party rights;
• Use any software or device which interferes electronically with the operation or functioning of our website, including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
• Deface, alter or interfered with the website or the underlying code.
We reserve the right to cancel your bookings without reference to you and/or deny you access to the website where we believe that you are in breach of these website provisions, without prejudice to any of our other rights.
Cookies – Our website may use “cookies” which are text files placed on your hard disk by a web page server and are designed to personalise your website experience. Cookies cannot be used to run programmes or deliver virus’ to your computer. They are uniquel assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website.