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Terms and Conditions

The Terms and Conditions were last updated on 24 May, 2023

1. Introduction

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

6. Third-party property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

8. Registration

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post, fax, or email). Our contact details can be found below. You may use the attached model withdrawal form, but it is not obligatory.

9. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

11. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

13. General Rental Conditions

You must accept the general terms and conditions of car rental presented to you before making the online booking payment, without which the possibility of making a booking is blocked.

You have contracted a vehicle with third party insurance, it covers the damage caused to the vehicle, object or person against which it crashes.

In the event of an accident under the influence of alcohol or drugs, the insurance will not be responsible for the damage caused.

The security deposit that is applied when contracting the vehicle, is to guarantee the collection of the possible damages or damages caused to the vehicle.guarantee the collection of the possible damages or damages caused to the vehicle, not covered by the insurance, or for possible inconveniences during the contracted period.

In the event of robbery or subtraction of the vehicle, it is strongly recommended that you to report it to the police and to inform the office as soon as possible.

Failure to do so may result in the corresponding management costs for processing the report of the robbery, in addition to any possible damage caused to the vehicle.

The following penalties may be deducted from the security deposit, and in the event that this is not sufficient, the following penalties will be charged the difference of the total amount of the expenses incurred upon return of the vehicle:

The amount of each penalty will be itemised on the invoice and will be displayed in our office.

14. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Spain.

15. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

16. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

17. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

18. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

19. Language

These Terms and Conditions will be interpreted and construed exclusively in English and Spanish; Castilian. All notices and correspondence will be written exclusively in that language.

20. Entire agreement

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and ARTEAGA Y ROSELLO PITIUSAS, C.B. in relation to your use of this website.

21. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

22. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Spain. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Spain. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

23. Contact information

This website is owned and operated by ARTEAGA Y ROSELLO PITIUSAS, C.B..

You may contact us regarding these Terms and Conditions by writing or emailing us at the following address: moc.azibiretoocsdeeps@ofni
Calle Ramón Muntaner, 61
07800 Ibiza

GENERAL RENTAL CONDITIONS  

  1.   DEFINITIONS

- **The Company:**

ARTEAGA Y ROSELLO PITIUSAS, CB, hereinafter referred to as "the company".

- **Deposit:** 

  The amount the renter pays in cash or that will be charged to their credit card to cover additional rental expenses. If the deposit is paid in cash, it will be refunded after a vehicle inspection at the end of the contract. 

  1.   ESSENTIAL REQUIREMENTS

2.1.   MINIMUM AGE AND EXPERIENCE

- 23 years old and 2 years of experience are required for renting scooters.

- 21 years old for bicycles. 

2.2.   MANDATORY

- Valid passport/ID and driving license at the time of vehicle collection.

- Driving permit valid for driving in Spain:

  - Permits from European Union countries.

  - Permits from European Economic Area countries (Iceland, Liechtenstein, Norway).

  - National permits written in Spanish or accompanied by an official translation.

  - International driving permits. 

  1.   PAYMENT METHODS

3.1.   FOR ONLINE BOOKINGS

- Payment is accepted via STRIPE. 

3.2.   AT THE OFFICE

- Payment can be made in cash (in euros) or by VISA/MASTERCARD. 

3.3.   GUARANTEE

- A credit card in the driver’s name is required.

- A hold will be placed on the card for the security deposit, which will be canceled once the vehicle is returned under the agreed conditions. 

  1.   BOOKING INFORMATION

4.1.   ONLINE BOOKINGS**

- Bookings made through the website are deemed to be made in good faith.

- If fraudulent practices are detected, the booking(s) will be canceled without compensation.

- Discounts apply only to the vehicle rental and not to extras.

- The booked amount is final and will not be modified. 

4.2.   BOOKING CANCELLATIONS

- **MORE THAN 24 HOURS IN ADVANCE:** 

  A voucher will be issued or a full refund will be provided at the customer’s choice.

- **LESS THAN 24 HOURS IN ADVANCE:** 

  The full amount paid will be forfeited.

- **IMPORTANT:** 

  Cancellation requests must be made in writing to `info@speedrentibiza.com`.

- If the rental contract is canceled before its completion, no refund for the remaining time will be provided. 

4.3.   BOOKING MODIFICATIONS

- Any modification incurs a management fee of €10.

- If the rental price increases due to a modification, the customer must pay the difference plus the management fee.

- Modification requests must be submitted in writing to `info@speedrentibiza.com`. 

4.4.   CUSTOMER ERRORS WHEN MAKING A BOOKING

- The company is not responsible for refunding any amount if incorrect data (e.g., pickup/drop-off locations, dates, extras) is entered.

- The customer may cancel the booking as provided in section 4.2. 

  1.   RENTAL CONTRACT CLAUSES

5.1.   PREAMBLE

- The General Rental Conditions apply to the person signing the contract and providing the credit card deposit or cash.

- All persons listed in the contract are jointly and severally liable.

- If the booking is made by someone other than the main driver, that person must be listed as an additional driver. 

5.2.   VEHICLE

- The renter receives the vehicle in perfect working condition with all necessary documents, tires, tools, and accessories.

- The renter is responsible for any damage, theft, or loss not noted in the inspection.

- The renter agrees to:

  - Maintain the vehicle in good condition without fraudulent alterations.

  - Comply with all traffic regulations and laws.

  - Not allow unauthorized persons to drive.

Only persons expressly authorised in the rental agreement and holding a valid driving licence for the rented vehicle may drive the vehicle.

If the vehicle is driven by an unauthorised person, or by a person without a valid licence, any coverage, additional insurance, liability reduction or protection contracted will be void, and the customer will be responsible for all damage, costs, fines and losses caused.

  - Not drive off the island of Ibiza (or to Formentera) without prior written authorization.

It is expressly forbidden to take, transport, ferry or use the vehicle outside the island of Ibiza, especially in Formentera, unless previously, expressly and in writing authorised by Speed Rent Ibiza.

The customer acknowledges that the entry, circulation and parking of vehicles in Formentera may be subject to administrative authorisation, quotas, fees, number plate controls and penalties. Speed Rent Ibiza does not authorise the vehicle to be taken to Formentera without written permission.

Any breach of this condition will void any coverage, additional insurance, liability reduction or protection contracted, and the customer will be responsible for all damage, fines, towing, transport, administrative costs, loss of use of the vehicle and any other loss caused.

  - Not drive under impairment due to alcohol, drugs, fatigue, or illness.

  - Avoid unsuitable roads.

  - Possess the appropriate driving permit.

  - Secure the vehicle properly.

  - Avoid negligence that might void insurance coverage.

- Failure to comply may result in the renter assuming all damage costs.

- In cases of gross negligence, the company reserves the right to terminate the contract and seize the vehicle. 

5.3.   INSURANCE AND PROTECTIONS

- Refer to the General Insurance Conditions. 

5.4.   ACCIDENTS

- The renter must immediately inform the company of any accident and cooperate with the insurer.

- In the event of an accident:

  - Do not admit or assume responsibility.

  - Obtain complete details of the other party and complete the amicable accident report (an extra charge of €80 applies if not completed).

  - Notify the authorities immediately and bring the damaged vehicle to the office within 4 hours for the report.

  - Do not leave the vehicle until the arrival of the authorities or a company representative.

  - For major damage (exceeding 3 cm), provide photos and evidence as needed.

  - Failure to comply means the renter will be responsible for all damages regardless of insurance coverage.

  - The company is not obliged to replace the vehicle in case of accident or theft. 

In the event of an accident, fall, damage, theft, loss of keys, police intervention or any incident related to the vehicle, the customer must immediately notify Speed Rent Ibiza and follow its instructions.

The customer may not abandon, repair, move or arrange the repair of the vehicle on their own without prior authorisation from Speed Rent Ibiza.

If the customer fails to report the incident, abandons the vehicle, tampers with it or acts without authorisation, the customer may be held responsible for all damage, costs, fines, towing, transport, loss of use and losses caused.

5.5.   VEHICLE RETURN

- The vehicle must be returned at the agreed location, date, and time, in the same condition as received, with all documents, tires, tools, keys, and accessories.

- Any deviation may incur extra charges.

- A 30-minute grace period is allowed; beyond that, extra day charges plus a 25% penalty apply.

- The final rental amount will be calculated upon return, including penalties.

- No refund is provided for early return. 

5.6.   MINIMUM RENTAL PERIOD

- From 09:00 to 19:30 on the same day. 

5.7.   RENTAL CONTRACT EXTENSION

- To extend the rental period, follow these steps:

  - Visit the office at least 24 hours before the initial end of the contract.

  - Have the vehicle inspected with a company agent.

  - Pay the new rental fee and any additional charges.

  - Sign a new contract or an addendum.

- Failure to comply will result in extra day charges plus a 25% penalty.

- The company reserves the right to deny an extension for operational reasons.

- Extensions will not be granted by phone or email. 

5.8.   FUEL POLICY (FULL/FULL)

- The vehicle is delivered with a set amount of fuel and must be returned with the same level.

- Any shortfall will be charged plus €15 for refueling.

- The renter is responsible for using the correct fuel type; any damage due to incorrect fuel is at the renter’s expense. 

5.9.   FINES AND TRAFFIC VIOLATIONS

- A management fee of €45 is charged per fine (excluding the fine amount).

- The renter is responsible for all incurred costs (towing, impound fees, penalties, lost profits). 

5.10.   EXTRA CHARGES

- The renter authorizes the company to charge the provided credit card for any expenses derived from the contract, with the receipt sent afterward. 

5.11.   ADDITIONAL SERVICES AND EXTRAS

- The renter may also contract additional services such as:

  - Out-of-office pick-up or drop-off.

  - Two helmets are included with scooter rentals.

  - Additional driver.

- *(Refer to the Price List for additional charges.)*

- **ROADSIDE ASSISTANCE:** 

  Will be charged in case of renter error, negligence, misuse, loss of keys, breakage, water damage, abandonment, or fuel shortage. Any rescue in unsuitable or unpaved areas is at the renter’s cost (except for company-related breakdowns). 

5.12.   VEHICLE IDENTIFICATION

- The renter must keep the company’s identification stickers and keychain on the vehicle.

- Removal of these items incurs a restitution surcharge of €25. 

5.13.   PERSONAL BELONGINGS

- The renter must remove personal effects at the end of the rental.

- The company is not responsible for forgotten items. If found, shipping will be at the renter’s expense. 

5.14.   PRICES AND RATES

- Contract prices follow the current general tariff, available for public viewing at the company’s premises.

- All prices are expressed in euros. 

5.15.   JOINT AND SEVERAL LIABILITY

- All renters and any additional drivers are jointly and severally liable for the contract obligations. 

5.16.   DEPOSIT RETURN

- The deposit is returned after a vehicle inspection.

- In case of damage due to misuse, a detailed note will indicate the amount to be deducted from the deposit.

- If immediate assessment is not possible, the company has 30 days to refund the remaining amount after repairs. 

5.17.   NO SHOW” BOOKINGS

- Failure to appear at the agreed time/place will be considered unilateral cancellation.

- A penalty of 100% of the rental amount will be applied, and the company may use the reserved vehicle without compensation. 

5.18.   JURISDICTION

- Rental contracts are governed by applicable Spanish law.

- The parties submit to the Transport Arbitration Boards, Courts, and Tribunals of Ibiza, except in Consumer cases where other jurisdictions apply. 

5.19.   INFORMATION ON PERSONAL DATA PROTECTION AND PROCESSING

- See the designated web address. 

5.20.   TRACKING DEVICES

- To protect the vehicle and prevent crimes, the company may use electronic tracking devices.

- This information is used during and after the rental solely for contract execution and control.

- By accepting these conditions, the renter gives explicit consent to such tracking. 

5.21.   ELECTRIC VEHICLES

- It is the renter’s responsibility to keep an adequate battery charge at all times.

- In case of assistance due to battery discharge, the renter will cover all costs (towing, operator travel, etc.).

- Replacement, if available, is conducted at the office; deliveries outside incur an extra charge of €100.

  1.   ADDITIONAL PROVISION

- The renter is responsible for reading the contract carefully.

- Any doubt or disagreement must be expressed before acceptance/signing.

- Failure to comply with any clause makes the renter fully liable for any damage caused to the company or third parties. 

GENERAL INSURANCE CONDITIONS

  1. TYPES OF INSURANCE
  • The company includes basic third-party insurance in the rental price.
  • This insurance covers damage caused to other vehicles, persons, or property, excluding damage to the rented vehicle itself. Basic insurance does not cover damage to the rented vehicle itself and does not remove the customer’s liability.

    • The rental includes basic third-party insurance, depending on the rented vehicle and the applicable policy conditions.

    Basic third-party insurance does not cover damage to the rented vehicle itself and does not remove the customer’s liability for damage, loss, theft, negligence, misuse, breach of contract, fines, accessories or any other cost arising from the rental.

    Coverage Plus, if offered and expressly contracted, is an optional add-on available only for scooters. It reduces the customer’s maximum liability for accidental damage to the rented vehicle, provided the vehicle is used correctly and in accordance with the rental agreement.

    For 125cc scooters, the maximum liability with Coverage Plus is €300. For 300cc scooters, the maximum liability with Coverage Plus is €500.

    Coverage Plus is not fully comprehensive insurance and does not cover every situation. It does not cover theft, loss or damage of keys, loss or damage of helmets, fines, penalties, negligence, alcohol or drugs, off-road riding, misuse, leaving Ibiza, transport to Formentera, use by an unauthorised person, abandonment of the vehicle or breach of contract.

    In any of these cases, the customer will be responsible for all damage, costs, fines and losses caused, even if Coverage Plus has been contracted.

  1. GENERAL RATES DEPOSITS
  • Scooter deposit: €150 for 125cc scooters and €300 for 300cc scooters.
  • E-bike deposit: €250.
  • Bike deposit: €150.

    • The deposit is a guarantee and does not constitute a maximum liability limit. If the damage, losses, fines, costs or losses arising from the rental exceed the amount of the deposit, the customer must pay the difference.

    The full or partial return of the deposit will be made after checking the vehicle, its accessories and compliance with the rental conditions.

CHARGES

  • Wrong fuel: €200