Terms and Conditions
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Rental of goods and equipment for tourist, recreational and temporary use in Mallorca
Identification and scope of application
These general terms and conditions govern the online rental of goods and equipment offered by Dinou Potes S.L.U., with registered office at Lugar PolÃgono 31, Parcela 933, CP 07670, Felanitx, holding tax identification number NIF B88742564, owner of the website myholidayupgrade.com and operating commercially under the name Holiday Upgrade. The full registry details of Dinou Potes S.L.U. are set out in the Legal Notice available on the website.
Hereinafter, Holiday Upgrade.
These terms apply to any natural or legal person who contracts the rental of goods or equipment offered by Holiday Upgrade through the website or any other online contracting method enabled by Holiday Upgrade.
Hereinafter, the Customer.
The specific terms of each reservation shall be those appearing in the order, reservation, invoice, confirmation issued through the online contracting process or equivalent document generated by Holiday Upgrade.
Key terms before contracting
Before confirming the reservation and making payment, the Customer must review in particular the following essential information, which shall be shown or made available in summary form on the website or during the online contracting process:
Rented product or equipment, included accessories and specific rental period.
Rental price, VAT, delivery and pickup charges, security deposit, pre-authorisation, saved payment method, authorisation for subsequent charges and any applicable additional charge.
Cancellation, return, failed pickup and early return rules.
Customer liability for damage, loss, theft, extreme dirtiness, accessories not returned or improper use, including the full amount of repair, extraordinary cleaning, replenishment or replacement where applicable.
The possibility for Holiday Upgrade to charge subsequent amounts to the payment method authorised by the Customer after the end of the rental where there is damage, loss, theft, accessories not returned, extreme dirtiness, late return, failed pickup, non-payment or other duly justified outstanding amounts.
Non-existence of the right of withdrawal where the reservation relates to goods intended for tourist, recreational or leisure activities for a specific date or period of performance.
The advisability of consulting, before using the goods, the technical information, instructions for use, safety warnings or documentation that may be available or made available to the Customer by Holiday Upgrade, the manufacturer, on the website, during the online contracting process, together with the item or by any other reasonable means.
General terms
First.- Purpose
Holiday Upgrade rents to the Customer the non-fungible movable goods described on Holiday Upgrade’s website and/or in the relevant contractual or commercial documentation.
The Customer rents a specific product, identified by model, name, characteristics and accessories as shown on the website, in the reservation confirmation or in the relevant contractual documentation. Holiday Upgrade shall deliver the specific product contracted. Replacement with an equivalent or higher-category product may only occur in exceptional cases, such as supervening unavailability, breakdown, prior damage or force majeure, and after notice to the Customer.
Together with the rental, the Customer may purchase consumable products associated with the use of certain goods or equipment. These consumable products shall be invoiced as a sale separate from the rental, unless expressly stated otherwise in the reservation or specific terms.
At the end of the rental, Holiday Upgrade may credit the Customer with the amount corresponding to purchased consumable units returned together with the rented goods, provided that such units are entirely unused, complete, in perfect condition, with their original packaging or seal closed and intact, and suitable for commercial return.
Second.- Electronic contracting and online management
The rental shall be contracted through Holiday Upgrade’s website or any other online contracting method enabled by Holiday Upgrade.
The selection of goods, availability, rental dates, Customer details, price, payments, deposits, confirmations, modifications and other operational aspects of the reservation may be managed through the website, the online contracting process or other technological tools used by Holiday Upgrade for rental processing.
The reservation shall be formalised when the Customer completes the online contracting process, accepts these General Terms and Conditions, provides the required data and receives reservation confirmation by email or by another means enabled by Holiday Upgrade.
The reservation confirmation sent by email shall be deemed contractual confirmation and shall include or make available to the Customer these General Terms and Conditions and the contractual information applicable to the reservation.
Before confirming the reservation, the website or online contracting process must show or make available to the Customer, in a clear and accessible manner, the essential information applicable to the reservation, including the rental price, VAT, delivery and pickup charges, security deposit or pre-authorisation, additional charges, cancellation regime, liability for damage, return conditions and non-existence of the right of withdrawal where applicable.
Third.- Minimum duration and rental duration
The minimum rental duration shall be seven days, unless Holiday Upgrade indicates another minimum duration on the website, in the online contracting process or in a specific promotion.
The rental shall have the duration indicated in the specific terms of each contracting, reservation, confirmation or equivalent document, counted from the delivery date or date on which the goods are made available, unless the parties previously agree another start date in writing.
Holiday Upgrade establishes a minimum order amount of 150 euros, unless another minimum amount is expressly indicated on the website, in the online contracting process, in a specific promotion or in the specific terms applicable at the time of reservation.
Fourth.- Delivery of the goods
The movable goods shall be delivered to the Customer on the date, at the place and under the conditions indicated in the order, reservation, confirmation issued through the online contracting process or equivalent document.
The Customer must be available at the agreed place and time for delivery of the goods or ensure the presence of an authorised person to receive them. Holiday Upgrade may verify the identity of the Customer or authorised person by means of an official identity document before delivering the goods.
Delivery shall take place in good working order, in condition suitable for ordinary use and with the accessories included in the reservation. Holiday Upgrade shall document the condition of the goods and accessories at delivery by means of a digital delivery protocol and, where applicable, photographs, videos, delivery notes, checklists or other reasonable means of evidence.
Photographs or videos shall be limited, insofar as reasonably possible, to the rented goods, their accessories, visible condition, damage, defects or incidents, avoiding the capture of persons, minors, identity documents, payment methods, private areas or elements of the surroundings that are not necessary.
Fifth.- Price, VAT, delivery and pickup charges
The rental price shall be the price indicated on Holiday Upgrade’s website, in the order, reservation, tariff, invoice, confirmation issued through the online contracting process or equivalent document generated by Holiday Upgrade.
All prices published to consumers shall be deemed to include 21% VAT, unless expressly stated otherwise or another tax rule applies.
Delivery and pickup of the goods may accrue a fixed fee of 49 euros for the island of Mallorca, unless Holiday Upgrade indicates a different fee on the website, in the online contracting process or in the specific terms previously and expressly accepted in writing.
This fee may be free for orders equal to or above 500 euros after discounts, if so indicated on the website, in the reservation or in the specific terms previously and expressly accepted in writing.
In the event of a failed pickup attributable to the Customer, Holiday Upgrade may charge, as a minimum: (i) additional daily rates at the full daily price without discount for each additional day until effective pickup; and (ii) a new travel or pickup fee of at least 49 euros.
Sixth.- Payment method and authorisation for subsequent charges
Payment must be made through the means enabled on the website or by payment providers integrated into the contracting process enabled by Holiday Upgrade from time to time.
Unless expressly stated otherwise in the reservation, payment of the rental price, taxes, delivery and pickup charges, additional services and other applicable items must be made in advance at the time of reservation.
During the contracting process, Holiday Upgrade may ask the Customer to enter and save a valid payment method through the enabled payment provider. Technical storage of the payment method shall be carried out by the relevant payment provider, and Holiday Upgrade shall not retain full card details.
By accepting these General Terms and Conditions, the Customer expressly authorises Holiday Upgrade, through the enabled payment provider, to initiate subsequent charges on the payment method provided by the Customer, even when the Customer is not present at the time of the transaction, provided that such charges arise from economic obligations under the reservation or rental contract.
Holiday Upgrade shall inform the Customer of the amounts it intends to charge subsequently, providing a reasonable breakdown and, where applicable, the available supporting documentation.
Seventh.- Security deposit, deposit and saved payment method
To secure payment of the rental price, damage, loss, theft, misappropriation, late return, extraordinary cleaning, accessories not returned and other obligations arising from the rental, the Customer must provide the security deposit, deposit, pre-authorisation, saved payment method or guarantee indicated on the website, in the online contracting process or in the specific terms of the reservation.
The security deposit, deposit, pre-authorisation or saved payment method shall be mandatory for all Customers, whether consumers or businesspersons/professionals, unless expressly waived by Holiday Upgrade.
After the end of the rental and return of the goods, Holiday Upgrade shall have a period of 24 to 48 hours to review their condition, check operation, verify accessories and detect possible damage not visible at the time of pickup.
The security deposit, deposit, pre-authorisation, saved payment method or any other guarantee associated with the rental is a partial performance guarantee and does not limit the Customer’s liability.
Eighth.- Customer liability for damage, loss, theft, replacement and accessories not returned
The Customer shall assume liability for damage, defects, breakage, loss, theft, misappropriation, disappearance, accessories not returned, extreme dirtiness or deterioration suffered by the goods during the rental period, except for normal wear and tear resulting from ordinary and diligent use.
The existence, extent and attribution of damage shall be assessed by reference to documentation of the condition of the item at delivery and return, as well as photographs, videos, digital protocols, delivery notes, checklists, communications with the Customer, technical reports, estimates, invoices or other reasonable means of evidence.
The Customer’s liability shall include the full amount of repair, extraordinary cleaning, replenishment, replacement, recovery or proven outstanding amount. The security deposit, deposit, pre-authorisation, saved payment method or any other guarantee associated with the rental is only a partial guarantee and shall in no case be considered a maximum limit of the Customer’s liability.
Ninth.- Use, custody and prohibitions
The Customer must use the goods with due diligence, in accordance with their nature, ordinary purpose, normal operating conditions and, where applicable, the technical information, instructions for use or safety warnings available or made available by reasonable means.
The Customer may not sublet, assign, lend, sell, pledge, transfer, tamper with, modify, dismantle, repair on the Customer’s own account, technically intervene in, alter or allow third parties to use the goods without Holiday Upgrade’s prior written authorisation.
It is prohibited to remove the rented goods from the island of Mallorca without Holiday Upgrade’s prior written authorisation.
Tenth.- Return of the goods
Once the rental has ended, the Customer must return to Holiday Upgrade the contracted goods within the period, at the place and under the conditions agreed in the reservation, confirmation issued through the online contracting process or specific terms.
The goods must be returned in the same state of preservation as when delivered, with all accessories, packaging, documentation and included elements, except for wear and tear resulting from ordinary and diligent use.
Holiday Upgrade shall document the condition of the goods upon return by means of a digital return protocol and, where applicable, photographs, videos, delivery notes, checklists or other reasonable means of evidence.
Eleventh.- Customer obligations
The Customer undertakes and assumes all responsibilities attached to that status until effective return of the goods to Holiday Upgrade, including in particular:
Paying the rental price, security deposit, charges, expenses, taxes and other applicable amounts on time.
Providing true, complete and updated data.
Reviewing reservation information before confirming it.
Being available for delivery or pickup.
Using the goods according to their ordinary purpose.
Diligently safeguarding the goods.
Not carrying out unauthorised repairs, modifications or tampering.
Not removing the goods from Mallorca without prior written authorisation.
Immediately reporting any damage, breakdown, loss, theft, incident or abnormal use.
Returning the goods on time, at the agreed place, in good condition and with all included accessories.
Twelfth.- Holiday Upgrade’s obligations and liability
Holiday Upgrade guarantees legal and peaceful possession of the rented goods and shall be liable for warranty obligations under the Civil Code.
In the event of breakdown, defect or failure of the item not attributable to the Customer that prevents normal use, Holiday Upgrade shall endeavour, insofar as reasonably possible, to repair the item, replace it with an equivalent or higher-category item, or proportionally refund the days or period during which the Customer could not use the item for a reason attributable to Holiday Upgrade.
Except in legally mandatory cases, Holiday Upgrade shall not be liable for indirect damage, loss of profit, loss of enjoyment, consequential damage, loss of opportunity, moral damage, travel expenses, accommodation or other damage not directly linked to the rental price of the affected item.
Thirteenth.- Non-existence of the right of withdrawal
The Customer acknowledges and accepts that the rental of goods offered by Holiday Upgrade is contracted for a specific date or period of performance selected by the Customer during the reservation process.
The goods offered by Holiday Upgrade are intended for temporary use during stays, trips, holidays or tourist, recreational or leisure activities in Mallorca.
In accordance with article 103.l) of the consolidated text of the Spanish General Law for the Defence of Consumers and Users, the right of withdrawal does not apply, among other cases, to contracts relating to the supply of services connected with leisure activities where the contracts provide for a specific date or period of performance.
Therefore, once the reservation for a determined period has been confirmed, the Customer does not have a legal 14-day right of withdrawal in respect of that reservation.
Fourteenth.- Cancellation by the Customer
The Customer may cancel the reservation by notifying Holiday Upgrade in writing by email, WhatsApp or another written means accepted by Holiday Upgrade, in accordance with the voluntary cancellation regime set out in this clause.
Unless the specific terms of the reservation provide otherwise, the following refund regime shall apply to voluntary cancellation by the Customer:
| Time of cancellation | Refund |
| Up to 30 calendar days before the start of the rental | 100% of the amount paid |
| Between 14 and 29 calendar days before the start of the rental | 75% of the amount paid |
| Between 7 and 13 calendar days before the start of the rental | 50% of the amount paid |
| Between 3 and 6 calendar days before the start of the rental | 25% of the amount paid |
| Less than 3 calendar days before the start of the rental | 0% of the amount paid |
Fifteenth.- Cancellation, modification or refusal of delivery by Holiday Upgrade
Holiday Upgrade may cancel or modify a reservation where there is justified reason, including supervening unavailability of the item, prior damage, breakdown, manifest error, logistical impossibility, force majeure, non-payment, lack of security deposit or pre-authorisation, insufficient identification of the Customer, reasonable suspicion of fraud, breach of these terms or any other reason that reasonably prevents delivery or provision of the service.
Sixteenth.- Modification of the reservation
Any modification of dates, products, delivery or pickup place, duration, additional services, tariffs, exceptions, discounts or specific terms must be previously accepted in writing by Holiday Upgrade through the website, email, official WhatsApp or other electronic means accepted by Holiday Upgrade.
Seventeenth.- Electronic communications and contact details
The Customer accepts that communications relating to contracting, reservation, confirmation, modification, payment, delivery, return, cancellation or rental incidents may be sent through Holiday Upgrade’s website, email, telephone, WhatsApp or other electronic means provided by the Customer during the contracting process.
Eighteenth.- Force majeure
Holiday Upgrade shall not be liable for failure or delay in delivery, pickup, replacement or provision of the service where such failure or delay is due to force majeure or circumstances beyond its reasonable control.
Nineteenth.- Termination of the contract
The rental may be terminated due to expiry of the agreed term, mutual agreement, breach by either party, non-payment, lack of deposit or pre-authorisation, improper use, unauthorised assignment, removal of goods outside Mallorca without authorisation, loss, theft, serious damage, refusal to return or any essential breach by the Customer.
Termination shall not prevent Holiday Upgrade from claiming rental prices, charges, damage, losses, expenses, replacements, penalties, retained deposits or outstanding amounts.
Twentieth.- Applicable law and jurisdiction
These General Terms and Conditions and the contractual relationship between the parties shall be governed by Spanish law.
Where the Customer acts as a consumer, the courts and tribunals having jurisdiction under applicable consumer and user legislation shall be competent.
Where the Customer acts as a businessperson or professional, the parties submit, expressly waiving any other jurisdiction that may correspond to them, to the courts and tribunals of Palma de Mallorca, unless a mandatory rule provides otherwise.
Twenty-first.- Amicable dispute resolution
The parties shall endeavour to resolve amicably any question, incident or dispute relating to the interpretation, performance or compliance with the contracting.
The foregoing is without prejudice to the rights corresponding to the Customer under applicable law and to the possibility of bringing proceedings before the competent courts and tribunals where appropriate.
Twenty-second.- Service provider information and legal website data
Holiday Upgrade shall make available to website users the legal information required by applicable information society services and electronic commerce rules, including, among other points, provider identification, corporate name, tax ID, registered office, registry details where applicable, email, telephone and other contact methods.
Twenty-third.- Severability
If any clause of these General Terms and Conditions is declared null, invalid or unenforceable, in whole or in part, such nullity, invalidity or unenforceability shall not affect the validity of the remaining clauses, which shall remain fully in force.
Prevalence of the Spanish version
In the event of any discrepancy between the Spanish version and any translation, the Spanish version shall prevail, unless expressly stated otherwise in the reservation or applicable contractual document.
Online acceptance
Acceptance of the order, reservation, contracting form, confirmation, pro forma invoice or equivalent document generated in the online contracting process shall imply acceptance of these General Terms and Conditions, which shall form an integral part of the contractual relationship between Holiday Upgrade and the Customer.
Marking the acceptance box, confirming the reservation, making payment or any other equivalent action enabled on Holiday Upgrade’s website or in the online contracting process shall be deemed express acceptance of these General Terms and Conditions, in the version in force and made available to the Customer at the time of contracting.
Such express acceptance shall include, where a payment method has been requested or saved during the contracting process, the Customer’s authorisation for Holiday Upgrade to initiate subsequent, one-off and non-recurring charges on the payment method provided, under the terms of clause Sixth of these General Terms and Conditions.
Where applicable, the online contracting process may include a specific box or equivalent mechanism for the Customer to expressly confirm awareness of the non-existence of the right of withdrawal under these General Terms and Conditions.
Holiday Upgrade, directly or through its technology providers, may retain electronic evidence of acceptance of these General Terms and Conditions, including date and time of acceptance, applicable version of the terms, reservation details, order confirmation, electronic communications, specific acceptance of the non-existence of the right of withdrawal where applicable, and other reasonable records of the contracting process.
Legislation cited
Spanish Civil Code: article 1566.
Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users, in particular article 103.l).
Law 34/2002 of 11 July on information society services and electronic commerce.
Date of update
Last updated: 1 July 2026.