General Conditions
The use of vehicles is subject to the following terms. The travel participant (hereinafter referred to as "participant") confirms with their signature that they have read and accepted these terms. Buggy 4 Fun, Olivera 3, 07560 Cala Millor (hereinafter referred to as "organizer").
The tours are conducted by "Chopper Tours Mallorca SL" B57854424.
1. **Driver's License:** The minimum age for renting vehicles is 18 years. The participant confirms that they hold a valid Class B/3 driver's license and are carrying the original license. Only registered drivers are permitted to operate the vehicle. If the vehicle is used by an unauthorized person or if the driver is under the influence of drugs, alcohol, medication, fatigue, or substances that impair their driving ability, the registered driver is fully liable for any resulting damages. The driver is obliged to inform the organizer before the start of the tour about any impairments to their driving ability that are not visible to the naked eye (illnesses, limitations, etc.). The participant is only entitled to use the vehicle under the terms of this contract. The organizer remains the owner of the vehicle and accessories at all times.
2. **Delivery and Return:** The organizer delivers the vehicle and its accessories in technically and visually perfect condition. The participant must check the vehicle’s roadworthiness and proper functioning before driving and immediately inform the organizer of any defects or complaints. The vehicle and its accessories must be returned in the same condition at the end of the tour. Damages resulting from improper use are not covered by the comprehensive insurance and must be compensated by the participant. The organizer is not responsible for transporting the participant or returning the vehicle in case of technical defects or accidents. Furthermore, the organizer is not obliged to provide a replacement vehicle.
3. **Insurance:** The participant(s) is/are responsible for obtaining insurance for drivers and passengers. The organizer is not liable for any accident-related costs, such as hospital fees, doctor’s fees, or similar expenses. The rental agreement includes the following insurances: liability insurance and/or comprehensive insurance with a €500 deductible.
4. **Participant's Responsibilities and Duty of Care:** The participant confirms with their signature that they participate in the tour at their own risk. Furthermore, the organizer assumes no liability for the loss, theft, or damage of the participant's personal belongings. The participant is obliged to use the rented vehicle with due care and in a manner appropriate to their driving ability, to comply with the road traffic regulations in Spain, and to follow the instructions and guidelines of the organizer. For safety reasons, overtaking, racing between participants, intentional drifting, etc., are strictly prohibited. If the participant fails to meet these obligations, they are liable to the organizer for any resulting damages and disadvantages unless the participant proves that the damage was due to gross negligence by the organizer. In such a case, the organizer is liable for all damages to themselves or third parties, and the participant is released from liability. If the participant does not comply with the terms of use or the organizer's instructions, the organizer may terminate the contract at any time with immediate effect or exclude the participant from the tour. From that point on, the company has the right to immediately withdraw the vehicle or have it withdrawn by a representative. In this case, the organizer retains the agreed rental price as compensation and reserves the right to claim any additional costs and expenses. The organizer's total liability arising from or in connection with this contract is limited to the rental price or tour price as a maximum, to the extent permitted by applicable law. All other rights of the participant against the organizer are expressly excluded. In the case of delay or no-show, participation in the tour cannot be guaranteed, and no refund of the amount paid in advance will be given.
5. **Tour Price:** The participant must pay 100% of the rental price before the start of the tour or rental period.
6. **Reservation, Cancellation:** The vehicle or tour can be booked in person, by phone, via the website, or by email. The rental agreement is concluded through an electronic appointment, by phone, or in writing with the organizer. If the participant withdraws from the contract, they must pay the following percentage of the total price agreed upon in the reservation: 33% up to 7 days before the start of the trip/rental period, 80% up to 2 days before the start of the trip/rental period, and 100% up to 1 day before the start of the trip/rental period. If the participant returns the vehicle before the agreed rental period ends or before the tour concludes, the participant must pay the full agreed rental price. No partial refund of the rental price will be given.
7. **Fines:** The participant is obliged to pay any fines incurred due to their fault. In the event of a fine, the organizer must be informed immediately. If the participant fails to pay the imposed fines, the organizer reserves the right to charge an additional administrative fee of €100 in addition to the fine amount. The organizer also reserves the right to claim any other resulting costs.
8. **Applicable Law / Jurisdiction:** This agreement is governed by the substantive law of Spain, excluding the provisions on conflict of law principles. The contract is subject to the exclusive jurisdiction of the courts in Palma de Mallorca, Spain.