Airport Carparking-Mallorca-SL Terms and Conditions as of 07/09/2009
These terms and conditions apply to the customers of Airport Carparking-Mallorca-SL and their vehicles and other objects, including all services provided. In addition these terms and conditions also apply on the shuttle service as well as the delivering and receiving of customers vehicles to and from the airport of Palma de Mallorca. Differing provisions, including those in the general terms and conditions or where the customer are included, do not apply, unless they are expressly accepted by the company Mallorca Airport Carparking in written form.
II. Conclusion of Contract
In response to a booking request of the customer, comes a contract for the services requested and confirmed with the appropriate booking confirmation from Airport Carparking Mallorca-SL. Contractors are the customer and Airport Carparking Mallorca SL. If a third person books on behalf of the customer, he is liable to Airport Carparking Mallorca SL jointly with the customer and severally for all obligations under the contract, provided that a statement issued is by the customer or a third person airport to Carparking Mallorca SL. Separately, each customer is required to forward all booking related information such as the terms and conditions to an eventual third party.
III. Services, prices, payments
Airport Carparking-Mallorca-SL is obligated to keep ready the service booked by the customer in accordance with these terms and conditions and to provide the agreed services. The customer is obligated to pay applicable or agreed prices of Mallorca Airport Carparking-SL for the agreed services. This also applies to third parties or the customer led services and expenses of Mallorca Airport Carparking-SL to third parties. The agreed prices include applicable sales tax.
Payments for annual and semi-annual contracts are to be made when the first vehicle is delivered. Please check with your bank in sufficient time whether charges for international transfers may incur. The customer himself or herself pays the fee for the referral and the 3% fee for card payments. The prices agreed upon for the so-called short-term parkers are to be paid in cash with collection of the vehicles.
If a customer of Mallorca Airport Carparking reports a defect, then a claim for abatement of the contract sum or compensation does not apply. Mallorca Airport Carparking-SL is liable under the law for all damages resulting from injury to life, limb or health by intent. Other damage caused by willful misconduct or gross negligence Mallorca Airport Carparking is not liable for. As for slight negligence, an injury liability only applies if it is a breach of a contractual duty or a cardinal duty in a manner that endangers the purpose of the contract. In these cases the liability to foreseeable contract damages is limited. Airport Carparking-Mallorca-SL assumes no liability for valuables, which the client leaves in the vehicle aware or unconsciously, unless this is done with the written consent of Airport Carparking Mallorca SL. Liability covers the legal liability due to damage, destruction, theft, loss or unauthorized use of selected vehicles and their accessories (excluding contents, valuables and cargo) and from the movement of these vehicles by Airport Carparking Mallorca SL its employees or agents on the premises. For property damage, the loss ratio is limited to a maximum of € 12000.00.
IV. Liability of Airport Carparking Mallorca SL
The Company Airport Carparking-Mallorca.SL assumes no liability for incidental or consequential damages that were not apparent before parking. This is especially true on all electrical and mechanical parts. For damages caused by third party emissions or force majeure Airport Carparking Mallorca SL is free from compensation as well as damage caused by internal and external turmoil, war and natural forces. The above limitations apply to all claims for damages, regardless of their legal basis including claims in tort. The aforementioned liability restrictions also apply in cases of any property damage a client's claims against employees or agents of Mallorca Airport Carparking SL. They do not apply in cases of liability for a defect after a guarantee, by cunning or secretive errors or in case of personal injury. Airport Carparking Mallorca SL is trying to take great care to duly convey the customer to a reported time of departure to the airport of Palma de Mallorca or to accept the vehicle at the departure terminal counter. The timely arrival is not the subject-matter of the contract. Claims for damages are excluded. The customer is liable for intentionally or negligently caused damage to objects of legal protection of Mallorca Airport Carparking SL or of third parties on the premises of Airport Carparking Mallorca SL. Regardless of fault the customer is liable for all damages caused by technical faults spent on the premises of Airport Carparking Mallorca SL vehicles are causing (e.g. oil leakage, fire, explosion, water loss). This applies even if such defects are not included in the state report on the vehicle or were previously unknown. The customer assigns its own claims against third parties or insurance from a claim to Majorca Airport Carparking SL in advance, as far as Airport Carparking Mallorca SL from such an incident is claimed in turn. Airport Carparking-Mallorca-SL can refuse to park the vehicle on the premises, if there are issues that can arise as a result of the use of the site or the parking area such as threats to the reliability of Airport Carparking-Mallorca. Furthermore, Airport Carparking Mallorca SL is authorized to exclude from transport persons who are observably or believed to be under the influence of alcohol or other intoxicating substances (drugs of any kind). Child seats can only be provided if the customer notifies the need for and the number of and Airport Carparking Mallorca confirm this reservation. In the above cases claims for compensation are excluded. Damage claims by the customer will expire in accordance with statutory provisions.
V. Behavior on the premises
On the premises, the provisions of the Road Traffic Act (Road Traffic Regulations) apply. The customer must abide by the traffic management arrangements prescribed. Every customer and the persons appointed by him are to behave appropriately so that hazards and damages to third parties are excluded. Instructions given by the staff of Airport Carparking-Mallorca-SL and its employees and agents are to be followed. The customer is prohibited to make repairs on the premises (except by authorized roadside emergency services), to wash or clean cars, drain coolant, fuel or oils or dispose waste inside the car or on the premises. Contaminations, for which the customer can be held accountable for, are to be eliminated promptly and properly. Otherwise Airport Carparking-Mallorca-SL is entitled to eliminate the contamination at the expense of the customer. In the event of contamination of soil or groundwater, the removal by authorized companies may be prompted at the expense of the customer. In these cases the customer has no right to self-performance. Staying on the premises for purposes other than the vehicle delivery and pick-up, the loading and unloading, and while waiting for an eventual transfer to the airport of Palma de Mallorca is not permitted. Here too, the instructions of Airport Carparking-Mallorca-SL, its employees and agents must be adhered to. With the driving onto the premises of Airport Carparking-Mallorca-SL and until leaving the premises, the customer assures that the driver holds a valid driver's license and vehicle insurance required by law. On request, customers are to submit their license and vehicle registration to employees and agents of Airport Carparking-Mallorca-SL. In appropriate cases, demonstrating sufficient insurance coverage may also be required. If the described documents cannot be submitted, Airport Carparking-Mallorca is entitled to reject the contract. In these cases the customer is not entitled to compensation. This also applies to vehicles that are passed to the customer at the airport or to the Company-Airport Carparking Mallorca SL, its employees or vicarious agents.
VI. Final Provisions
Changes or additions to the contract, the acceptance of these terms and conditions shall be in writing. Changes or additions to the contract, the acceptance of these terms and conditions shall be in writing. Unilateral amendments and supplements by the customer or by third parties are invalid. Fulfillment and payment is at Mallorca Airport Carparking-SL. The exclusive jurisdiction is - including for check and exchange disputes - Palma de Mallorca, Palma. Should any provision of these Terms be or become invalid or incorrect, the validity of the remaining provisions shall not be affected. In addition, the Spanish laws and regulations apply.
Tax ID: B57672529
C./Canal de San Jordi 1-3
07610 Poligono Son Oms, (Can Pastilla)
Palma de Mallorca