Rental Terms & Conditions Mallorca

Mission statement

1) To provide our customers the ultimate Mallorca experience by driving a nostalgic 2CV, Burton or Beetle convertible and offering ancillary services to promote this feeling.
2)
Ducks need clean water. It is our aim to provide clean water in countries where this is most needed. We do this by creating clean water wells, provide sanitary solutions et cetera in third world countries.

Rental and Membership General Terms and Conditions:

Rental and Membership

    1. Everyone aged 30 and above, and in possession of a driver’s license valid for at least 4 years is allowed to rent a 2CV or Beetle. However we expect descent behavior suiting sustainable tourisme, showing respect for the environment, the car and the island;
    2. The car ’s are not allowed to leave the island;
    3. Every hirer signs the Rental Agreement and the General Terms and Conditions documents in twofold. Every hirer becomes a Member of Ducks United Club Mallorca and gets his private membership number and card. This pass is non-transferrable and cannot be used by or sold to a third party;
    4. The rental charges need to be made, and payments need to be in our account in advance before the start of the rental period. In case of last minute bookings where payments cannot be made in advance, payments can be made upon picking up the car by either credit or debit card. Bank details:

Bank: INGDirect, Spain

IBAN: ES39 1465 0100 9117 1288 6729

BIC / Swiftcode: INGDESMMXXX

Account name: Karin Boone Goote
Payments are made on a shared transfer costs basis.

Payments to buy off the excess / own risk are made in cash upon picking up the car.

  1. Ducks United must be in possession of a copy of the hirer´s valid driver´s license AND passport before delivery of the car. Additionally, the driver will provide Ducks United with an email address and a mobile phone number on which he or she can be contacted during the rental period;
  2. The cars are located at the base of Ducks United Plaça Bartomeu Estaràs 1, Valldemossa (approximately 25 mins from the airport);
  3. Also the car can be picked up at the airport, or hirers can be picked up from the airport and taken to their cars, at an additional charge. For this service your flight and arrival details must be known to us beforehand;
  4. The car s are delivered in good condition and are well maintained. However, if due to a technical problem the car is no longer operational, Ducks United will provide a replacement car as soon as possible.
  5. All cars have Limited Liability insurance, inclusive of accident and injury insurance for the driver and passengers.

Booking and cancellations policy

  1. If, due to fault of the hirer, the hirer cannot make use of the Rental Agreement, the hirer is obliged, and hereby agrees to be obliged, to pay the full rental amount as confirmed when making the reservation;
  2. Potential hirers can book a free option on a car for the period of one day. After this day the option expires;
  3. After confirmation of the booking cancellation within one week is possible free of charge provided that the cancellation is made at least 4 weeks in advance of the start date of booked rental period.

Use of the cars

  1. The hirer must treat the car in a careful manner. This means observing the capabilities of the car . The hirer is aware of the fact that this car was built in an era when safety regulations where less stringent. For example, the car does not have airbags, reinforced doors or roll bars;
  2. On delivery, Ducks United will provide clear verbal instructions to the hirer and will provide a comprehensive instruction manual;
  3. The driver must adhere to the applicable Spanish traffic regulations;
  4. The hirer is responsible to ensure that any driver has a valid driver´s license, and that they are physically and mentally fit to drive the vehicle;
  5. The hirer is responsible for appropriate car seats for children. If you need children car seats, Ducks United can rent you one for 3 euro’s per day. A child will account for one of the four available seats in the vehicle. A 2CV and Beetle convertible can accommodate a maximum of 4 occupants; a Burton can accommodate a maximum of 2 persons
  6. The hirer is prohibited from renting or lending the car to third parties;
  7. The hirer is prohibited from participating in races, competitions, car games or other similar activities;
  8. Transportation of pets in the vehicle is allowed, provided that the necessary precautions have been taken to prevent damage to the vehicle and animal. Any damage caused is at risk and the expense of hirer;
  9. The hirer agrees to keep all liquids and tire pressure at the required levels. The cars use EURO 98 fuel;
  10. Per 24hrs a 100 kilometers are free of charge, thereafter a fee of €0,10 per kilometer will be charged;
  11. The hirer agrees to fill up the fuel tank before returning the car. Ducks united is not responsible for the use or purchase of fuel;
  12. Ducks United reserves the right to terminate this agreement without legal intervention if they discover circumstances during the rental period that, had they previously been aware of them, would have invalidated this agreement;
  13. The hirer agrees to impose the obligations and restrictions of these terms and conditions to the driver, passengers and other users of the vehicle, and to ensure that they comply with them.

Insurance Excess / own-risk

  1. The hirer agrees to a maximum insurance excess / own-risk of €600 per individual claim, damage or accident. This excess can be bought off separately at a waiver fee and brought down to € 250,- ;
  2. Excess waiver does NOT apply to any damage to the roof of a 2CV or the front wheel fender panels of your Burton;
  3. It is the responsibility of the hirer to immediately report any damages made to the car. In case of damage, the hirer agrees to pay the applicable excess amount in cash upon redelivery of the car.
  4. Notwithstanding the provisions of clause a. of this article 6, the excess is unlimited and the hirer is fully liable for damage in the event one or more of the following circumstances apply:

i. Gross negligence or misconduct of the hirer or driver,

ii. Damage caused with permission of the hirer or driver, or with their intention,
iii. Unauthorized rental or lending to a third party,

iv. Non-compliance, without the express waiver by Ducks United, of any of the stipulations and obligations described in Article 7 –sub g. below,

In case any of the above mentioned circumstances apply, the hirer is liable and agrees to be liable for all repair- and associated costs.

In the event of damage

  1. The hirer is required and agrees to return the vehicle in its original state (as delivered to him or her). The delivery condition of the vehicle is examined and agreed between hirer and Ducks United at the start of the rental period;
  2. If the hirer suspects that there is a defect which has not been noted at the handover, he/she is obliged to contact Ducks United as soon as possible;
  3. Ducks United cannot be held responsible for loss or theft of any possessions from the vehicle whilst it is in the possession of the hirer.
  4. Ducks United cannot be held responsible for (the consequences of) damage to goods transported with the vehicle.
  5. Ducks United has arranged for a valid accident and injury insurance for the driver and passengers. However, in the case of personal injury to driver or passengers during the rental period as result of an accident or incident, the hirer agrees that the driver or passengers first claim under their own health insurance coverage;
  6. In the event of damage to, or defect of, the vehicle, the vehicle may not be used if this will further damage the vehicle or reduce road traffic safety;
  7. In the event of damage or an event which can cause damage, the hirer is obliged to:

i. To immediately inform Ducks United by telephone and to follow our instructions,

ii. To supply Ducks United or its insurer with all requested and unrequested relevant information and records in relation to the incident or accident,

iii. To supply us with a fully completed and signed damage notification form within 48 hours,

iv. Not to admit any form of guilt or liability,

v. Not to abandon the vehicle without having thoroughly protected it from the risk of (further) damage or theft.

vi. To provide Ducks United and persons appointed by Ducks United with all requested assistance in obtaining any damage compensation from third parties or their insurers, and/or helping with the defense against claims from third parties or their insurers.

Repairs & Technical Support

  1. Necessary repair costs during the rental period to ensure the proper operation and safety of the car, are at the expense of Ducks United;
  2. Repairs can only take place with the explicit permission of Ducks United;
  3. Ducks United will provide technical support if necessary. Ducks United is obliged to do their utmost to help the hirer as soon as possible.
  4. Ducks United will only offer technical support on the island of Mallorca, unless there is a written agreement which states otherwise.
  5. If it is not possible to drive any further with the vehicle due to a (hidden) defect which already existed at the start of the agreement, the hirer is entitled to replacement transportation. If driving any further is not possible due to any other circumstances, the hirer is not entitled to replacement transportation. However, in such case Ducks United will, on a best reasonable efforts basis, attempt to make replacement transportation available;
  6. In any case, the hirer must contact Ducks United as soon as possible in order to search for a solution;
  7. Repatriation costs in the event of damage or defects outside Mallorca are at the cost of the hirer, unless agreed otherwise. This is only applicable when it is not possible for the hirer to transport the vehicle him- or her self.
  8. Ducks United is not responsible or liable for any other damage or consequence of the impossibility to drive any further caused by a defect.

Government imposed fines and measures

  1. All government imposed fines and (consequences of) measures in relation to the possession and/or use of the vehicle, are for the expense of the hirer, unless they originate from faults or defects that already existed at the beginning of the rental period. These fines and measures include, but are not limited to, speeding tickets, parking fines, tow-away costs, impounding costs, any penalties and measures as result of driving under the influence of alcohol, et cetera;
  2. If such Government imposed fines and measures are charged to Ducks United, they can be recharged to the hirer during a one year period after the date of this agreement. Ducks United is entitled to charge an administration fee of 25 euro’s.

Copyright

  1. Documents provided to the hirer, such as maps, directions and other related documents are property of Ducks United and cannot be copied, or handed out to third parties.
  2. Photos or journals of the trip dating from the period that the vehicle was borrowed, when given to Ducks United, become the property of Ducks United and can be used for publications and/or commercial purposes, for the purpose of supporting the charity goals of Ducks United.

Mediation and dispute resolution

  1. Mediation and dispute resolution is only applicable in the event of a dispute about the explanation or execution of these terms and conditions and will be decided by a third party;
  2. Mediation: In the event of a dispute, Ducks United can present this dispute in a written document to a mutually agreed mediation body;
  3. Dispute resolution: The provision of mediation does not prohibit taking the dispute to court.

Applicable law

a. This rental agreement will always governed by Dutch law.