1. Scope of application, definition

Scope of application

These GTC apply to all business relationships between the landlord and the tenant.

 

The landlord's GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the lessee shall not become part of the contract, even if the lessor is aware of these terms and conditions. Anything to the contrary shall only apply if the lessor expressly agrees to the validity of these terms and conditions upon conclusion of the contract. In particular, the lessor's general terms and conditions shall also apply exclusively if the lessor rents the motorbike to the lessee without reservation in the knowledge of the lessee's general terms and conditions.

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Price list

The price list of King of the Road Mallorca S.L. valid at the time of conclusion of the hire contract.

2. Subject matter of the contract
The subject of the contract between the lessor and the lessee is exclusively the rental of a motorbike by the lessee from the lessor (rental contract) with the rights and obligations agreed in the rental contract and the GTC.

By concluding the rental agreement, the renter receives the right to use the motorbike to the agreed extent for the agreed rental period. The hire contract ends at the end of the agreed hire period. An extension of the hire period is only possible with the express consent of the Rental Firm in text or written form. The tacit extension of the rental agreement through continued use of the rental property is excluded even without a declaration of intent to the contrary.

By concluding the rental agreement, the Lessor shall in particular be entitled to claim payment of the agreed rent from the Lessee as well as compliance with all other obligations of the Lessee regulated in the agreement, including the Lessor's General Terms and Conditions.

In particular, the Hirer shall organise its own journeys. The provision of travel services, in particular an entirety of travel services (travel), is not owed by the Rental Firm. The statutory provisions on the travel contract therefore do not apply.

3. reservation and cancellation

Reservations are only binding after written confirmation by the landlord and as soon as the tenant has paid the agreed deposit on the rental price or the full rental price.

If the tenant cancels the contract before the agreed start of the rental period, the following portions of the agreed rental price must be paid in accordance with the rental contract.

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In the event of cancellation   

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• Up to 30 days before the start of the rental period 20%,

• Up to 15 days before the start of the rental period 50%,

• Less than 14 days before the start of the rental period 70%,

• Less than 7 days before the start of the rental period 90%

• 100% of the agreed rental price on the day of the start of the rental period.
   

The tenant is entitled to nominate a replacement tenant. If this person fulfils the rental agreement, the pro rata payment shall be waived.

 

In general, the landlord does not agree to the automatic conversion into a tenancy for an indefinite period if the rented property continues to be used. Irrespective of this, compensation for use beyond the agreed rental period must be paid, which is based on the respective daily rent of the rental object.

 

If the vehicle is returned prematurely before the agreed return date, the full rental price must be paid if the Rental Firm is unable to rent the vehicle to another party. 

 

The Hirer can protect himself against these costs by taking out travel cancellation insurance in accordance with the General Terms and Conditions of this insurance. However, the conclusion of such insurance is not part of the contract and is only intended as an indication.

 

3. Rental prices

The prices of the currently valid rental conditions apply. The rental conditions can be viewed on the homepage www.triumph-rental-mallorca.com.

 

4. Deposit

Upon conclusion of the contract (online or in the business premises), a deposit including statutory VAT must be paid:

 

• 30€ for a half-day rental (per motorbike)

• 50€ for a one-day hire (per motorbike)

• 100€ for a reservation of 3 days or more (per motorbike)

 

In case of non-compliance, the lessor is no longer bound to the reservation. 

 

5. Takeover

The motorbike is to be taken over at the agreed date (day and time) at the business premises of the lessor. Unless otherwise agreed, the motorbike is available for collection on weekdays between 10:00 and 18:00 and must be returned by the time of collection on the last day of the rental at the latest. 

 

In principle, we reserve the right to provide a model of the same or higher price category with comparable essential features instead of the booked model. 

 

If the vehicle is not collected at the contractually agreed time with a waiting time of 2 hours, the rental period shall be shortened. The hire period then begins at the time of collection or handover and ends at the agreed end of the hire period (day and time).

 

When the rented items are handed over, a condition report is drawn up in which all existing damage is noted. The lessee is obliged to inform the lessor immediately of any new damage to the rental items during the rental period.

 

6. Return

If the Rental Firm suffers damage due to the late return of the vehicle (e.g. due to claims for damages by the subsequent Hirer, etc.), the Rental Firm reserves the right to assert these claims for damages against the Hirer.

 

If the motorbike is returned in an undamaged condition, apart from the damage listed in the condition report, the deposit will be refunded in full. The vehicle will be handed over in a clean condition and with a full tank of petrol. It must be returned with a full tank of petrol and roughly cleaned. Unless other contractual agreements have been made. 

 

If the vehicle is returned in an exceptionally dirty condition (liquids, sand, vomit, food, creams or other elements outside the normal use of the vehicle), the renter must pay a cleaning fee of €30 including VAT. Both parties reserve the right to prove higher or lower costs.

 

The place of return corresponds to the place of handover. Unless otherwise contractually agreed. If the Hirer does not return the motorbike to the agreed location, the Rental Firm shall charge the Hirer €1 per kilometre of the distance between the agreed return location and the actual return location. In addition, the Rental Firm will charge the Hirer an expense allowance of €20 including VAT per hour or part thereof including VAT for the return of the motorbike to the agreed location.

 

If the contractually agreed return is delayed by more than half an hour and up to one hour, the Rental Firm will charge the Hirer €30 including VAT as additional labour costs and loss of use. In the event of a delay of more than one hour, the landlord will charge the tenant a further half-day's rent. In the event of an agreed return at 1 pm, the rental period shall be extended to 5 pm. In the event of an agreed return at 5 p.m., the hire period shall be extended to 9 a.m. on the following day.

 

If the motorbike is not returned with a full tank of petrol as contractually agreed, the Rental Firm shall arrange for refuelling at the expense of the Hirer. For this, the lessor will charge the lessee a flat rate of €30 including VAT.

 

For a lost key we charge 200€ including VAT.

 

The rental rate includes a free kilometre allowance of 100 KM for a half-day rental and 200 KM for a full-day rental (unless otherwise agreed). If the motorbike is returned with more kilometres than agreed in the contract, the lessor will charge the lessee €0.30 per kilometre including VAT.

 

For bookings of two or more days, delivery and/or collection of the motorbike anywhere on the island is possible on request. This option must be made at the latest at the time of booking or reservation. The renter should inform us of this in the field "Your message to us". We charge €25 including VAT per hour or part thereof as labour costs for this service. This flat rate includes all costs, such as time and labour for 2 people, petrol and a second and necessary vehicle.

 

7. Deposit


A deposit in the amount of the agreed excess of the fully comprehensive insurance must be paid at the start of the rental period as security for the return of the motorbike in an undamaged and contractually cleaned condition. Unless otherwise contractually agreed, the deposit is €1,500 per motorbike. The deposit must be paid to the Rental Firm free of charge (Visa, MasterCard, PayPal or in cash) at the latest when the vehicle is picked up.

 

The customer must ensure that they have sufficient credit available on their card (Visa, MasterCard) at the time of booking.

 

The deposit will be refunded in full if the vehicle is returned in an undamaged condition, apart from the damage listed in the condition report.

 

In order to fulfil the motorbike rental contract, King of the Road Mallorca S.L. must be able to collect all legal and/or contractual costs associated with the rental using the renter's means of payment. The renter grants express authorisation if the renter hands over his/her means of payment before collecting or handing over the vehicle. In particular, the renter authorises the rental company to collect contractually owed processing costs in connection with administrative offences and fine proceedings, as well as warnings and fines and all costs incurred in connection with the fulfilment of the rental contract, which King of the Road Mallorca S.L. has paid or incurred, via the renter's credit card.

 

8. Insurance cover

The motorbike has flat-rate liability insurance cover, with an excess of €1,500, against personal injury, property damage and financial loss. The sum insured is €50 million for third-party damage, whereby the benefit for personal injury is limited to €8 million per injured person.

 

The rental motorbikes of the hire company are insured against damage, theft and fire. 

 

9. Authorised drivers

Authorised drivers

The age of the renter or driver must be at least 21 years and the driver must have held a driving licence for motorbikes for at least one year. The driver's licence must contain the box 1 or A and must comply with the legal regulations that apply to driving the rented motorbike.

 

The vehicle may only be driven by the renter and the drivers specified in the rental agreement. The vehicle may not be sublet or handed over to third parties. For the duration of the hire period, the Hirer is legally treated as the vehicle owner.        

 

Submission of documents, change of address

Before handing over the motorbike, the renter must present a valid driving licence required to drive the motorbike as well as a valid identity card or passport. The presentation of these documents is a prerequisite for the handover of the motorbike to the renter.

 

If the Hirer is unable to present the required documents at the agreed handover date, the named driver shall be cancelled from the rental agreement as a driver at the request of the Rental Firm. The authorisation of these drivers shall lapse upon their removal from the rental agreement. Cancellation shall not affect the Lessor's entitlement to the agreed rental price.

 

If the Hirer is unable to present the required documents at the agreed handover date, the Rental Firm shall be entitled to terminate the rental agreement without notice after a reasonable grace period set by it has expired without result. If the Rental Firm terminates the rental agreement without notice after the grace period has expired without result, the Hirer shall not be entitled to any claims for non-fulfilment; in addition, the provisions on extraordinary termination without notice for which the Hirer is responsible shall apply.

 

If the handover of the motorbike is delayed due to documents not being submitted on time, the renter shall bear the resulting costs.

 

If the address/registered office of the Hirer changes between the conclusion of the rental contract and the complete fulfilment of the rental contract, the Hirer must inform the Rental Firm of the new address immediately and without being requested to do so.

 

10. Duty of care

The Hirer is obliged to treat the rental object with care and to follow the motorbike operating instructions to the letter.

 

He is also obliged to properly secure the motorbike against theft.

 

11. Maintenance and repair

In the event of a defect in the motorbike, the Rental Firm must be called and the instructions of the staff must be followed.

 

If the Hirer does not follow these instructions, he/she shall bear the costs incurred.

 

12. Liability of the Hirer

The Hirer is liable for the timely return of the vehicle in the condition stipulated in the contract. In the event of accidental damage and theft, the Hirer shall only be liable to the extent of the agreed excess.

 

This amounts to €1,500 per claim. The renter can reduce the excess by taking out insurance.

 

However, the renter is liable without limitation for all damage if and to the extent that the insurer does not pay, in particular because the renter (or the driver) caused the damage through intent or gross negligence, or the damage was caused by alcohol or drug-induced driving under the influence.

 

If the Hirer has committed a hit-and-run offence or breached his obligations pursuant to Section 9 of these Terms and Conditions, he shall also be fully liable, unless the breach had no influence on the settlement of the claim.

 

The renter is also fully liable for all damage caused by use by an unauthorised driver or for prohibited purposes or by improper handling of the motorbike.

 

Use is restricted to the island of Mallorca and tarmac roads. Use on race tracks, unpaved roads, sand or rocks is prohibited. It is not permitted to carry out driving exercises with the vehicle.

 

The Hirer is prohibited from using the vehicle to participate in motor sport events and vehicle tests, to transport explosive, highly flammable, toxic, radioactive or otherwise dangerous substances, to commit customs and other offences, even if these are only punishable under the law of the place of the offence, to sublet or lend the vehicle or for other commercial purposes - except those expressly agreed.

 

Grossly negligent use of the motorbike and the resulting damage, e.g. the motorbike falling over, stone chips, water damage, improper cleaning, sand damage, rim and tyre damage, shall be borne by the renter.

 

"Wheelies and stoppies are strictly prohibited and the renter is liable for any damage caused by improper use.

 

Flashing warning lights on the motorbike must always be observed and any malfunctions must be reported to the rental company immediately. Particular attention must be paid to the oil and cooling water indicator lights

 

The Hirer is prohibited from parking the motorbike on public roads during the night (10 p.m. to 6 a.m.). The motorbike must be locked with the steering wheel lock when parked.

 

The additional hire of a mobile phone holder is optional and is subject to a deposit of €40. If the customer does not return the support at the end of the hire period, or returns it damaged or unusable, the hirer must compensate the hire company with the deposit paid. The renter releases the rental company from any liability for any loss or damage to the telephones or devices of any kind used with the rented support, whereby the renter is solely responsible for the proper attachment and safe use of the same.

 

13. Processing fees for fines or tolls. 

It should be noted that processing fees for driver identification in the event of traffic or parking fines are payable in addition to the fine or toll and that the Hirer is fully liable for the payment of such fines or tolls. The processing fee for additional work, for example for correspondence, is €36 including VAT.

 

14. Liability of the rental firm

In the event of default in performance or impossibility of performance for which the Lessor is responsible, the Lessor shall be liable to the Lessee for damages limited to 2 times the agreed daily net rent.

 

The Rental Firm shall be entitled to provide a replacement motorbike equivalent to the reserved motorbike at the Rental Firm's registered office if the vehicle is not available for reasons for which the Rental Firm is not responsible or during the rental period for reasons for which the Hirer is not responsible.

 

The Rental Firm shall not be liable for indirect damage (e.g. lost holiday time). The landlord is not liable for any travel services and in particular not for the entirety of travel services. The statutory provisions on the package holiday contract do not apply to the contractual relationship either directly or indirectly.

 

The Rental Firm is not obliged to store items that the Hirer leaves behind in the vehicle on return.

 

The Rental Firm does not accept any compensation or refunds in the event of bad weather (individual agreements possible).

 

15. Breakdowns and accidents

The Hirer must inform the Rental Firm and the police immediately in the event of an accident, fire, theft, damage caused by wild animals or other damage. This also applies to accidents caused by the Hirer without the involvement of third parties. If the tenant fails to have the damage recorded by the police, he shall be fully liable. Opposing claims may not be recognised as a matter of principle.

 

Even in the case of minor damage, the Hirer must immediately provide the Rental Firm with a detailed written report including a sketch. The accident report must contain in particular the names and addresses of the persons involved and any witnesses, as well as the licence plate number and insurance details of the vehicles involved.

 

The Rental Firm is not responsible for towing or breakdown assistance called directly by the Hirer. Roadside assistance is limited to the hours of 8:00 a.m. to 11:00 p.m., and any costs arising from assistance outside these hours shall be borne by the customer. Free roadside assistance is limited to technical breakdowns not caused by the customer. If roadside assistance is requested without a real breakdown, the cost of the journey will be charged at €50 including VAT in Pollenca and €95 including VAT outside Pollenca, as well as in the event of a breakdown caused by the driver's negligence, with the repair costs being the responsibility of the customer's driver. If the breakdown is not caused by the driver, the vehicle will be replaced by another, if available. In case of unavailability, the amount of the unused rental time will be refunded.

Tyre repair is always the responsibility of the renter

 

Under no circumstances will the renter be entitled to a refund of the amounts paid for the vehicle rental that was not used due to an accident or breakdown caused by the driver.

 

The Rental Firm is not liable for the theft of personal belongings left in the vehicle.

 

The Rental Firm is not liable for theft, loss or damage to electronic devices used in the mobile phone holder offered as an accessory for hire. The mobile phone holder requires an additional deposit to be paid to the Rental Firm in the event of loss or deterioration of this accessory by the Hirer.

 

16. Preclusion period, limitation period

The Hirer must notify the Rental Firm in writing of any claims for non-contractual provision of the rental service within one month of the contractually agreed return of the vehicle.

 

After expiry of the deadline, claims can only be asserted if there is no fault for non-compliance with the deadline.

 

17. Storage of personal data

The Rental Firm is authorised to process the data it receives about the Hirer with regard to the business relationship or in connection with it, regardless of whether this data originates from the Rental Firm itself or from third parties, in accordance with the Data Protection Act.

 

This applies in particular in connection with the clarification of any incorrect information provided by the Hirer, delays in the return of the vehicle by more than 24 hours or the investigation of traffic offences or administrative offences.

 

18. GPS tracking of the vehicles

The rented motorbike must be equipped with a GPS tracking system. The renter agrees to this procedure.

 

19. Place of jurisdiction


The place of jurisdiction for all disputes arising from or relating to the hire contract shall be the registered office of the Rental Firm, provided that the Hirer does not have a general place of jurisdiction in Germany or the contracting party against whom a claim is to be made has moved his place of residence or habitual abode outside the area of application of the German Code of Civil Procedure after conclusion of the contract or his place of residence is not known at the time the action is brought, the Hirer is a merchant or a person with equivalent status under Section 38 (1) of the German Code of Civil Procedure. 

 

These General Terms and Conditions shall be governed in all respects by the domestic law (with the exception of the choice of law provisions) of the Kingdom of Spain. Any action between the parties to this agreement may only be brought in the Mallorcan Court and not in any other jurisdiction, and the prevailing party shall be entitled to recover its reasonable fees and costs from the non-prevailing party.

 

This provision also applies to bills of exchange and cheque proceedings.

 

20. Final provision

All agreements must be made in writing. Should individual provisions of these rental conditions be or become invalid, this shall have no influence on the legal effect of the remaining points. 

 

The invalid provisions must be reinterpreted in such a way that their purpose can be effectively fulfilled. 

 

Mandatory statutory provisions remain unaffected.

 

Processing status 08.05.2024

 

 

 

 

General Terms and Conditions for the purchase of online vouchers

 

1. Conditions of purchase and subject matter of the contract

The contract is concluded with King of the Road Mallorca S.L. (Triumph Rental Mallorca) with registered office in Mallorca, Spain, and is only concluded upon full payment of the voucher (nominal value).

 

The purchase contract is also only concluded when, on the one hand, the buyer accepts the terms and conditions made available there during the ordering process and sends the order online and, on the other hand, King of the Road Mallorca S.L. delivers the vouchers. 

 

The vouchers will be delivered immediately after full payment has been received.
 
A purchased gift voucher is a purely digital product, no physical product will be dispatched. 

 

2. Ordering and prices

The order is placed in the gift voucher shop on the homepage www.triumph-rental-mallorca.com and can be paid by credit card, PayPal or instant bank transfer. 

 

The customer has the option of choosing between voucher amounts (nominal values) of €50, €100, €250, €500, €1000 and €1500. 

 

The fully paid voucher will then be sent by e-mail to the e-mail address provided by the purchaser or customer and can be printed out immediately as a "PDF" document. 

 

The voucher(s) are each provided with a unique barcode, which is required to redeem the voucher. The customer is responsible for the storage and handling of the original voucher template. 

 

No liability is accepted for any misuse of the voucher template. In the event of loss, theft or improper cancellation of vouchers, the amount cannot be refunded. 
A duplicate copy of the voucher is not possible.

 

3. Products and redemption

The voucher(s) can be redeemed on the online portals triumph-rental-mallorca.com and can be used for guided motorbike tours offered there or for motorbike rental and all rental accessories listed on the portals.

rental accessories listed on the portals. 

 

If an order or reservation is made at the company headquarters or in the rental store, the voucher can of course also be redeemed in person on site.

 

King of the Road Mallorca S.L. will redeem all gift vouchers by submitting them without checking whether the person submitting them is authorised to do so. However, King of the Road Mallorca S.L. reserves the right to refuse the redemption of a gift voucher if there is a suspicion of deception, fraud or other illegal activities in connection with the redemption of the gift voucher.

 

Gift voucher must be specified as the payment method when checking out online. 
If the amount of the gift voucher is not sufficient for full payment of the item booked online, the difference must be paid using the other payment methods in the check-out, such as credit card, PayPal or instant bank transfer. 

 

If the online booking is less than the value of the voucher, the customer will receive a new voucher in the amount of the difference to the initial voucher. However, this process is only possible once. This means that it is no longer possible to issue a further voucher for any remaining amount.

 

The value of unredeemed gift vouchers will not be refunded. 

 

Purchased or ordered gift vouchers cannot be redeemed for cash. Change cannot be given in connection with the redemption either.
Furthermore, the face value of gift vouchers cannot be changed after purchase.

 

It is not possible to redeem a gift voucher for an order that has already been placed. 

 

The voucher is redeemed for goods. A transfer to another voucher is not possible.

 

No interest is paid on the credit balance of the voucher. 

 

An invoice, including VAT, can only be issued when the voucher is redeemed, i.e. when the voucher is actually redeemed. 

 

In the event of a return of an item or the entire order when paying exclusively by voucher, the amount will be refunded by voucher. After successful cancellation of the purchased or rented item, the customer will receive a new digital voucher for the corresponding amount to the e-mail address provided by him. The issue and therefore validity date of the original voucher applies to this new voucher. 

 

If the order was paid for with a voucher and another means of payment, the refund will be made in the amount of the voucher credit used as a digital voucher and in the corresponding amount to the respective other means of payment. 

 

Any cancellation fees for cancelling booked motorbike tours or booked motorbike rentals remain unaffected by this. Any cancellation fees will therefore be charged as if the payment for the booked item(s) had been made by credit card, PayPal or bank transfer. 
Vouchers are valid for 3 years from the date of issue. An extension of the validity is only possible upon written request to kontakt@triumph-rental-mallorca.com and must be requested at least 3 months before the expiry date.

 

4. Minimum age

Only persons over the age of 18 are authorised to make purchases on our online portals.

 

5. Right of cancellation and cancellation policy

Vouchers can be cancelled within 14 days. The written declaration of cancellation must be received by us within 14 days of the date of issue. After these 14 days, the right of cancellation can no longer be exercised or if the voucher for a service has already been used in full or in part within this period.

 

6. Changes to services

Deviations in illustrations or descriptions of the items and services offered are possible. Errors and changes to the articles are reserved.

 

7. Security guarantee & data protection

Security is our top priority! Therefore, all personal data such as credit card number, name and address are transmitted via a protected SSL line when paying by credit card. 

 

This makes sensitive data illegible in Internet traffic. Our data protection information, which can be viewed on our website, applies. 
By providing personal data (in particular e-mail address), the buyer expressly consents to the collection, storage and processing of the data provided in the form for marketing and advertising purposes. 

 

In addition, the buyer expressly agrees in particular to the storage of his data.

 

8. Changes to the GTC

King of the Road Mallorca S.L. reserves the right to amend these GTC at any time. However, the contractual relationship shall be governed by the terms and conditions valid at the time of purchase of the respective voucher.

 

Furthermore, the conditions for vouchers are subject to the law of the Kingdom of Spain.

 

9. Place of jurisdiction

The place of jurisdiction for all disputes arising from or concerning the voucher purchase shall be the registered office of King of the Road Mallorca S.L., provided that the buyer has no general place of jurisdiction in Germany or the contracting party to be sued has moved its place of residence or habitual abode outside the area of application of the Civil Procedure Code after conclusion of the contract or the place of residence is not known at the time the action is brought. 

 

These General Terms and Conditions shall be governed in all respects by the national law (with the exception of the choice of law provisions) of the Kingdom of Spain. Any action between the parties to this agreement may only be brought in the courts of Majorca and not in any other jurisdiction, and the prevailing party shall be entitled to recover its reasonable fees and costs from the non-prevailing party.

 

This provision also applies to bills of exchange and cheque proceedings.

 

10. Final provision

All agreements must be made in writing. Should individual provisions of these Terms and Conditions of Purchase be or become invalid, this shall have no influence on the legal effect of the remaining points. 

 

The invalid provisions must be reinterpreted in such a way that their purpose can be effectively fulfilled. 

 

Mandatory statutory provisions remain unaffected.

Processing status 09/05/2024