Terms and Conditions
GENERAL RENTAL CONDITIONS
By this contract, Weloveibiza art-car, with NIE X9983439J and tax address at C / Abad i la serra, 41 Ibiza floor 5 door B, email email@example.com rents the vehicle described in the particular conditions of the rental contract to the person identified as a driver (hereinafter the Client), under the terms and conditions specified below (hereinafter the Contract). By imposing its signature on the front of the Contract, the Client declares to have read and be in compliance with all the terms and conditions thereof, and undertakes to comply with them.
1. OBJECT OF THE CONTRACT
The Client acknowledges that he receives the vehicle described in the Contract, clean and in the conditions of conservation and operation, damage, condition of the fuel tank and auxiliary equipment specified, which, if not referenced, will be considered suitable for use.
2. DURATION OF THE CONTRACT
The duration of the rental will be the one that appears in the particular conditions of the rental contract, specifying date and time of delivery and return of the vehicle, counting on the return with a courtesy period of 20 minutes. Once this courtesy period is over, and whenever it is due to causes attributable to the client, the client will pay Weloveibiza art-car the amount of € 25.00 for each hour of delay as a delay in delivery.
3. USE OF THE VEHICLE
The Client undertakes to keep the vehicle in good condition and in particular, without prejudice to the obligations that may appear in other clauses of this Contract, to: Use and drive the vehicle diligently, in compliance with the Law on Traffic, Traffic of Motor Vehicles and Road Safety and other applicable provisions. Any negligence for not respecting the road signs will not apply the coverage you have contracted in terms of damage to the leased vehicle.
Without limiting the generality of the provisions of the preceding paragraph, do not drive the vehicle under the influence of alcoholic beverages, narcotics, psychotropic drugs, stimulants or similar substances or in states of reduced driving capacity, such as fatigue or illness, nor allow the driving of the vehicle to whoever is in such circumstances.
Do not use the vehicle for illegal purposes.
Do not carry more passengers than those specified by the vehicle manufacturer or permitted by law, or transport animals.
Do not use in the vehicle gasoline or fuel of quality or characteristics other than those that correspond in accordance with what is indicated by the manufacturer of each type of vehicle.
Have the vehicle properly parked and closed when not in use.
Do not take the vehicle off the island of Ibiza without authorization from the landlord.
Do not allow the vehicle to be driven by any person other than the Client himself or the additional drivers specified in the front of the Contract.
Do not use the vehicle to move, push or tow other vehicles, trailers or objects.
Do not drive on roads or other places that, due to the poor state they are in, may cause damage to the vehicle.
Do not participate with the vehicle in competitions, competitions, training or resistance tests of materials, accessories or products for cars.
Do not use the vehicle to load or transport goods of any kind, or to mount a roof rack without authorization.
Do not handle the vehicle odometer in any way.
Do not use the vehicle to give driving courses, or for courier services or delivery of goods, or dedicated to commercial or industrial activities, or any type of activity that involves subletting the vehicle.
Comply with any other obligations imposed by current legislation.
The lessee will not be able to carry out the public vehicle of this contract, public passenger transport.
4. RETURN OF THE VEHICLE
The return of the vehicle must occur in the parking indicated by the lessor, date and time stipulated in the particular conditions of the rental contract. The vehicle will be returned by the Customer in the same conditions in which it was delivered, along with all its documents, auxiliary equipment, tires, tools and accessories. The Client may not alter any technical characteristic of the vehicle, keys, equipment, tools and / or accessories thereof, nor make any modification of its exterior and / or interior appearance. If it does so, the Client must bear all the necessary expenses to return the car to its original state, without prejudice to the damages caused to Weloveibiza art-car derived from the reconditioning for the time that the vehicle had to be immobilized, as well as any other caused to Weloveibiza art-car reserves the right to terminate this contract at any time during its term if the use of the vehicle contravenes the provisions of Clauses 3 and 10.
5. NO RETURN OF THE VEHICLE
In the event that the Customer returns the car on a date and time other than those established in the Contract, Weloveibiza art-car. will charge the Customer the stipulated price per day and hour of delay increased by 100% adjusting it to the real market price (without promotions or bearish market prices) and according to cost / day of the maintenance / investment of the vehicle, with a minimum of 35 euros per day of penalty-increase.
If the Customer returns or leaves the vehicle in a different place from the one indicated in the Weloveibiza art-car Contract, it may require:
the stipulated price per day increased by 100% adjusting it to the real market price (without promotions or bearish market prices) and according to cost / day of maintenance / investment of the vehicle, with a minimum of 35 euros per day of penalty-increase , based on the extra days necessary for the recovery of the car and its availability to be rented again
the costs caused by transfers, cranes, tolls, guardianship and custody Weloveibiza art-car reserves the right to bring legal actions before the competent authorities in any case of disappearance or non-return of the vehicle, assuming the Client all responsibility for the consequences derived .
6. EXTENSION OF THE CONTRACT
The Client is obliged to return the car on the specified date and time. If the Client wishes to extend the rental, he must do so in person with a Weloveibiza art-car representative in order to sign the extension. If the Contract could not be extended due to lack of vehicle availability or for any other reason, the Customer must return the car at the agreed date, time and parking.
Upon request for a Weloveibiza art-car extension, the signing of a new contract will be required considering the current Contract terminated at that time. In no case may the amount deposited as bail be used for an extension. The unilateral extension by the Client will be considered as a use
not allowed of the vehicle for the purposes of the Customer’s responsibility for any damage presented by the vehicle, also having the same consideration as the non-return of the vehicle within the agreed period.
The Client expressly agrees to pay Weloveibiza art-car, at the beginning of the rental period:
The rental charge corresponding to the time of vehicle layout, according to rates. The rates may vary depending on the seasons, so it is the responsibility of the Customer to verify the rate to be applied before hiring the vehicle, which will be duly published on the website.
The amounts derived from the hiring of additional insurance coverage that are optional and that can be contracted when collecting the vehicle.
The Client agrees and authorizes Weloveibiza art-car to carry out after the end of the rental period, and within three months, through electronic payment systems or any other collection system, charges for various concepts, giving the Client consent to the execution of said charges from this moment, the following are specified:
The lessee must return the vehicle reasonably clean and will bear all the costs of cleaning and disinfecting the vehicle when it is confirmed in the presence of the customer that the level of cleanliness and hygiene is unacceptable. The amount of these expenses have a charge between 60 and 150 euros that varies based on the type of cleaning that will have to be applied to the vehicle for proper cleaning.
The amount of all kinds of fines and legal expenses arising from improper parking, traffic violations and transport regulations or any other kind, that are directed against the vehicle, the Client or Weloveibiza art-car during the term of the Contract of rent, are the responsibility of the Client unless they are attributable to Weloveibiza art-car. In case the lessee wants to pay the fine through Weloveibiza art-car, an amount of 25 euros is charged per transaction.
The lessee will be responsible for the loss and deterioration of moons, mirrors, keys / remote controls (between 80/200 euros), tires, tires, clutch, tools, accessories and problems arising from the error in the type of fuel, damage to the roof, upholstery and damage to the interior of the vehicle. The charges for these concepts are specified and valued in section 15 “Vehicle damage prices”. The amount or difference of the value of any spare wheel, tires, toolsaccessories, documentation, keys or radio equipment that at the end of the rental is missing the vehicle or has been replaced by another, explicitly clarifying that said faults or substitutions are not covered by any insurance policy, the Customer being responsible for them.
The amount of the transfer by crane if it were.
The costs of repairing vehicle damage in the event of an accident, when:
a) The vehicle would not have been used based on the conditions.
b) The accident report would not have been completed and sent to Weloveibiza art-car within the stipulated period, or it may not fit the reality of the events produced.
c) That the corresponding extra coverage had not been contracted (see section 9) Weloveibiza art-car may charge the customer for loss of profit, the stoppage of the vehicle for the exclusive term of his stay in the workshop for its effective repair. The landlord will send the client a copy of the invoice and a workshop certificate attesting the time of stay of the vehicle for such effective repair and Weloveibiza art-car will charge the customer the amount of the price agreed in the contract for the number of days of stay of the vehicle in the workshop.
For the purposes of responding to and coping with the obligations assumed in this contract and those that are legally enforceable under current legislation, the Lessee will deliver, in payment and / or in guarantee of payment of the amounts due and before the start of the lease , a deposit and / or payment in cash, or Credit Card, and in this second case the holder must be the person who appears as the main driver of the rental contract.
8. VEHICLE RETURN SYSTEM
The lessee receives the vehicle with a full fuel tank and takes care of the fuel expense, forcing himself to return the vehicle with it full of fuel of the same quality with which he receives it, or paying Weloveibiza art-car the amount of the amount of fuel remaining to complete the deposit plus the corresponding management fee according to the current rates. For these purposes, the lessee will present at the time of the return of the vehicle, ticket or proof of refueling, as a means of accreditation of compliance with the stated obligation.
The Client and any authorized driver participate as insured in an Automobile Insurance Policy, a copy of which is available in the rented vehicle. This policy includes Civil Liability for damages to third parties arising from the use and circulation of the vehicle.
The damage to the vehicle will also be covered in the event of a collision that was not caused by the fault of the customer, provided that the following conditions are met:
That the Client notifies Weloveibiza art-car of the incident within a maximum period of twenty-four hours, providing the necessary documentation such as: part of an accident duly completed and signed by both parties, data of possible witnesses, complaint before the authorities, etc.
That the insurance company does not reject the accident for any other reason provided in the policy.
That the incident has not taken place due to improper use of the vehicle (see points 3 and 10) The damage insurance does not include in any case the damage to tires, tires, hubcaps, punctures, cylinder doors, blowouts, interior of the vehicle, mirrors interior and exterior mirrors, moons, locks, bass, clutch, engine, crankcase, catalyst and radiator, roof damage, upholstery and damage to the interior of the vehicle. It also does not include the cost per battery recharge, loss of key, tow truck, taxi for travel after accident, error in the type of refueling, or the amount corresponding to the days of stopping the vehicle until it is repaired. To cover all or part of these risks, there are additional coverages that may be contracted at the time of picking up the vehicle, whose coverages and guarantees will only be valid if the Client meets the conditions established above for the vehicle’s own damages.
Allow the vehicle to be driven by any person other than the Client himself or the additional drivers specified in the Contract.
Have the vehicle properly parked and closed when not in use.
Use of the vehicle once the rental period has expired.
Carry more passengers than those specified by the vehicle manufacturer or permitted by law, or transport animals.
Use the vehicle to move, push or tow other vehicles, trailers or objects.
Driving on roads or other places that, due to the poor state they are in, can cause damage to the vehicle.
Drive through sites not adapted for circulation such as beaches, forest tracks, car circuits, neighborhood roads.
Participate with the vehicle in competitions, competitions, training or resistance tests of materials, accessories or products for cars.
Use in the vehicle gasoline or fuel of quality or characteristics other than those that correspond in accordance with what is indicated by the manufacturer of each type of vehicle.
Leave visible objects inside the vehicle that can be stolen with the consequent damage to the vehicle.
Dirt the car beyond what a reasonable use implies.
Use the vehicle to load or transport goods of any kind, or ride without authorization from the landlord baca on the roof.
Manipulate the vehicle odometer in any way.
Take the vehicle off the island of Ibiza unless written authorization has been previously obtained from Weloveibiza art-car and the corresponding additional travel coverage has been paid.
Use the vehicle for public passenger transport, to teach driving courses, for courier services or delivery of goods, or to engage in commercial or industrial activities, or any type of activity that involves subletting the vehicle.
The exemption of the franchise will also be invalidated by the aforementioned assumptions and also if the client does not present the corresponding part of an accident or in case it is not corroborated with the insurance company.
10. DRIVING LICENSE
The minimum age of the driver is 21 years and must be at least two years old, must be in possession of a valid driver’s license, being the Client directly responsible for the adverse consequences caused to Weloveibiza art-car for non-compliance .
11. ADDITIONAL DRIVERS
All Clients and/or authorized drivers will be jointly and severally liable for all the obligations of the Client that arise from the Contract and the laws applicable thereto.
If no additional coverage is contracted, a deposit of between € 400 and 2000 must be made, depending on the model rented and in accordance with the published rates that will be charged to your credit card or cash.
Weloveibiza art-car reserves the right to keep the deposit that would have been deposited to cover the damages caused in the Vehicle until they are economically quantified, being able to impute the same to part of the damages. In all other cases Weloveibiza art-car undertakes to order the refund of the deposit by the corresponding means within eight days of the delivery of the Vehicle or in case of deposit of the deposit in cash the return will be ‘immediate upon vehicle delivery.
13. CHAIRS AND ELEVATORS APPROVED FOR CHILDREN
The Client must inform Weloveibiza art-car of the need for the use of a mandatory mandatory retention device for children under three years of age or older who do not exceed the height of 150 centimeters, prior payment of the corresponding rental rate, and without anchoring in the vehicle. The Client is in any case responsible for the installation of the device. In any case, Weloveibiza art-car will be free of any possible liability arising from personal or material damages that occur as a result of the Client’s breach of the obligation to use the mandatory retention device, or its installation, or incorrect use by the Client and of any possible manufacturing defect of said device.
14. CANCELLATION RIGHT
Weloveibiza art-car reserves the right to terminate the Contract in advance, with immediate effect and without any compensation in this regard to the client in the following cases:
At the time of receiving information that questions the financial solvency of the Client.
It is demonstrated that the Client is breaching the Contract.
The Client misuses the vehicle.
Claims that may be submitted by customers who have the status of consumers under the terms of current legislation will be treated by Weloveibiza art-car customer service; They may be sent to any of the contact details specified in these conditions, and will be answered by the appropriate means within a maximum period of 30 days.
16. PRICE OF DAMAGE TO VEHICLES
Side mirrors 45, window, front windshield 220, rear windshield 220 euros, punctures 30 euros, pneumatic 70 euros, antenna 15 euros, direction indicator 15 euros, stop 15 euros, cover 30 euros, seat cover set 40 euros, upholstered , cd radio, internal rearview mirrors 30 euros, trunk of the trunk 50 euros, keys 80 euros, glove compartment 40 euros.
Scratches 30 euros, trunk 70 euros, keys 25 euros, tire 70 euros, seat upholstery 100 euros, helmets 70 euros, rearview mirrors 30 euros, safety chain or looker 35 euros. Prices and objects that are not specified will be valued according to their replacement value.
17. PERSONAL OBJECTS
Weloveibiza art-car is not responsible for stolen, forgotten or lost items inside the vehicle. In case of failure, Weloveibiza art-car for technical reasons needs a minimum time to solve the problem, this time is estimated at 72 hr.
The delivery and return times of the vehicles are from 10.00 a.m. to 9.00 p.m., after-hours deliveries are extra not included in the rate and must be requested to pick up the vehicle. In case of return of the vehicle after working hours or in a different place (on request) the lessee remains responsible for the vehicle until the lessor enters possession of it.
The parties are subject to the legislation of Spain. In case of any conflict or discrepancy, the applicable jurisdiction will be the one that corresponds according to the current procedural norms.
19. INFORMATION ANNEXES (ONLY APPLICABLE TO ASSUMPTIONS FOR ACQUISITION OF PRODUCTS WITH CONTRACTUAL OR LEGAL RECOGNITION OF THE RIGHT OF WITHDRAWAL):
Information on the exercise of the right of withdrawal
Right of withdrawal:
You have the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period will expire after 14 calendar days of the day (1). To exercise the right of withdrawal, you must notify us (2) of your decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by mail, fax or email). You can use the model withdrawal form below, although its use is not mandatory (3).
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right be sent before the corresponding term expires.
Consequences of withdrawal:
In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from the choice by you of a delivery method different from the less expensive delivery method ordinary that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same payment method used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement (4).
Instructions for completion:
(1) Insert one of the expressions that appear in quotes below:
a) in the case of a service contract or a contract for the supply of water, gas or electricity – when they are not packaged for sale in a delimited volume or in certain quantities – of heating by urban systems or digital content that do not lend on a material support: “of the conclusion of the contract”;
b) in the case of a sales contract: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods”;
c) in the case of a contract for the delivery of multiple goods ordered by the consumer and user in the same order and delivered separately: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods “;
d) in case of delivery of a good composed of multiple components or parts: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the last component or part”;
e) in the case of a contract for the periodic delivery of goods during a certain period: “that you or a third party indicated by you, other than the carrier, acquired the material possession of the first of those goods”.
(2) Enter your name, your full address and, if available, your phone number, your fax number and your email address.
(3) If you offer the consumer and user on your website the option to complete and send information electronically regarding their withdrawal from the contract, insert the following text: “You also have the option to fill out and electronically submit the form form withdrawal or any other unambiguous statement through our website [insert the electronic address]. If you resort to that option, we will notify you without delay on a durable medium (for example, by email) the receipt of such withdrawal.
(4) In the case of a sales contract in which you have not offered to collect the goods in case of withdrawal, insert the following information: “We may withhold the refund until we have received the goods, or until you have submitted a proof of their return, depending on which condition is met first. ”
(5) If the consumer and user has received goods subject to the contract, insert the following text:
– “We will collect the goods”, or
– “You must return or deliver the goods directly to us or … (insert the name and address, if applicable, of the person authorized by you to receive the goods), without undue delay and, in any case, no later than within 14 calendar days from the date on which you give us your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the end of said period “;
– “We will bear the costs of returning the goods”;
– “You must bear the direct cost of returning the goods”;
– In the event that, in a distance contract, you do not offer to bear the costs of returning the goods and the latter, by their nature, cannot normally be returned by mail: “You must bear the direct cost of return of goods, … euros (insert amount) “; or, if a reasonable calculation of the cost of return of the goods cannot be made in advance: “You must bear the cost”
Direct return of goods. It is estimated that this cost is approximately… euros (insert the amount) at most “, or
-In the event that, in a contract concluded outside the establishment, the goods, by their nature, cannot normally be returned by mail and have already been delivered to the domicile of the consumer and user at the time the contract is concluded: “We will collect our cargo the goods “;
(c) “You will only be responsible for the decrease in value of the assets resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.”
(6) In the case of a contract for the provision of services or for the supply of water, gas or electricity – when they are not packaged for sale in a delimited volume or in certain quantities – or heating by urban systems, insert the following : “If you have requested that the provision of services or the supply of water / gas / electricity / heating through urban systems (delete what does not apply) begin during the withdrawal period, you will pay us an amount proportional to the part already provided of the service at the moment in which you have communicated your withdrawal, in relation to the total object of the contract.
Model withdrawal form
(You must only complete and submit this form if you wish to withdraw from the contract)
For the attention of (here you must insert the name of the entrepreneur, his full address and, if available, his fax number and his email address):
– I hereby inform you / communicate (*) that I withdraw from me / withdraw from our (*) contract for the sale of the next good / provision of the following service (*)
– Order on / received on (*)
– Name of the consumer and user or of the consumers and users
– Address of the consumer and user or of the consumers and users
– Signature of the consumer and user or consumers and users (only if this form is submitted on paper)
(*) Delete as appropriate.
20. DATA PROTECTION
In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you about the incorporation of your personal data to a file owned by Weloveibiza art-car in order to facilitate the service provision.
Likewise, you expressly consent to the processing of your data in order to inform you about products, services, initiatives and promotions that may be of interest to you, developed by Weloveibiza art-car, through postal or electronic means (among others, via email and / or mobile phone, SMS / MMS), or other forms of remote communication.
We remind you that, in accordance with Law 34/2002 on Services of the Information Society and Electronic Commerce, you may revoke your consent in this regard at any time, by means of communication addressed to firstname.lastname@example.org or through the links provided to this respect in the communications sent by email.
Likewise, we inform you that you will be able to exercise the rights of access, rectification, cancellation and opposition recognized in the aforementioned Organic Law 15/1999, of December 13, by sending a letter to Abad I La serra 41 floor 5 door B, or by email to email@example.com, accompanying a photocopy of the DNI or similar document.
( )I do not authorize the processing of my data for commercial / advertising purposes.
( )I do not authorize the transfer of my data to Weloveibiza art-car.
Driving an Art-Car is much more than renting a car, it’s a life experience. Vehicles recycled in an artistic way, reviewed in detail until they are ready. Finally, they are available to our clients to discover Ibiza in a different and unique way.