Car (and scooter) Rental Agreement



The purpose of this contract is the use of the vehicle without a driver for the service specifically contracted. The services are governed exclusively by these particular terms and conditions and the general terms and conditions set out below and signed by both contracting parties.



1. USE OF THE VEHICLE



It is strictly forbidden



To drive the vehicle by any person not duly authorised by MOTO LUIS S.A., the details of which are stated on the front of the contract, and driving the vehicle is subject to the condition that such persons are in possession of the corresponding driving licence.



1.2 To use the vehicle for the transport of goods.



1.3 To use the vehicle to tow or push other vehicles.



1.4 To participate in races, competitions or challenges with the vehicle.



1.5 To drive the vehicle under the influence of alcohol and/or drugs.



1.6 To travel with more people than the number of people allowed by law for the type of rented vehicle.



1.7 To embark the vehicles, their circulation being expressly limited to the island of Ibiza. Under no circumstances will it be possible to take the vehicle to Formentera, and the driver may be subject to significant penalties imposed by local authorities.



1.8 To transport animals inside the vehicle (100-200€).



1.9 To use the vehicle as public transport ("pirate taxi").



1.10 Smoking inside the rented vehicle. In the event that the vehicle smells of tobacco, Moto Luis will apply a penalty to cover the costs of care, special cleaning and the vehicle's stoppage (min. €50).



1.11 Running out of charge (electric vehicles)



1.12 Running out of fuel and/or adblue or any other liquid necessary for the correct functioning of the vehicle. The vehicle will be provided with a minimum level of adblue and if necessary, the client is responsible for refuelling the vehicle.



1.13 Driving in áreas not suited to public transport, such as beaches, racetracks, forestry roads, back roads etc. Driving over dirt roads and very poorly paved roads that could cause damage to the underside of the vehicle.



1.14 To repair our vehicle yourself or change/buy any accessoire or spare part such as wheels, tyres etc.



1.15 To leave personal belongings inside the vehicle. If our vehicle is damaged due to this fact the lessee assumes full responsibility for the damage.



The lessee assumes full responsibility for any fine, sanction or damage resulting from the infringement of this clause and commits to pay MOTO LUIS S.A. a 30 euro charge for the management of traffic sanctions (fines).



The hirer is obliged to take a test drive if requested to do so. In the case of the rental of two-wheeled vehicles, a test drive may be required prior to the handover of the keys in order to assess the knowledge of the operation of this type of vehicle and its correct driving. If you do not pass this test, the rental may be refused without any refund of the amount paid.



Moto Luis will not be responsible for the loss or damage of personal belongings left or forgotten in the vehicle during the rental or afterwards. The contract holder is solely responsible for these goods and they will be destroyed after three months. If the renter requests the return of their belongings via a courier service, they will be responsible for the cost of delivery and any other associated costs.



The lessee, regardless of the insurance taken out, shall always be liable for damage to the vehicle and all its accessories caused by water/sea water.



Collection of the vehicle: If you do not collect the vehicle at the time agreed in your reservation and Moto Luis has additional costs such as paid parking, Moto Luis may once again charge the amount of the additional service.





2. RETURN OF THE VEHICLE



2.1 The Hirer must return the rented vehicle at the place, date and time agreed in the rental contract, the courtesy period being 60 minutes; any return at a different date, place or time may entail additional charges and/or a change in the price of the rental per day in accordance with the general rate in force (desk rates).



2.2 If it has been agreed that the vehicle is to be returned at the airport, it is the Hirer's responsibility to return the vehicle to the correct car park. If the vehicle is returned to the wrong airport car park or elsewhere, a charge of 30 euros will be payable.



2.3 MOTO LUIS S.A. is fully authorised to withdraw the vehicle from the Hirer at any time if there are suspicions that the vehicle is being used for illegal activities or if there are concerns about the Hirer's financial solvency.



2.4 FUEL. The rented vehicle will be delivered to the Hirer with a full tank of fuel and it must be returned with a full tank of fuel. In the event of returning the vehicle with less fuel, the Hirer must pay the difference, plus 20 euros per refuelling (10 euros if it is a scooter+ 2€ fuel per missing line). You must leave the petrol station ticket inside the vehicle and you must refuel it no further than 10 km from the place of return.



2.5 Renters who hire their vehicle with an excess and wish to have it checked by an employee of MOTO LUIS S.A. when returning it, must do so during office hours in San Antonio. If the return is made outside these hours, in case of damage, the damage will be photographed without moving the vehicle from the place where it is parked and these photographs will be considered valid. The hirer shall be liable for any new damage to the vehicle caused during the rental period and until it is checked in by an employee as soon as possible. The company will inform the client by e-mail and/or WhatsApp by sending photographs of the delivery and collection of the vehicle, taken in the car park itself.



2.6 The rental price includes a standard cleaning. However, in case the rented vehicle requires special cleaning, Moto Luis will charge the contract holder 100 - 200 € to cover the costs of treatment, special cleaning and vehicle stoppage. Special cleaning is considered to be any cleaning that requires a more exhaustive action (examples of extreme dirt: soil in the interior, animal hair, waste, cigarette butts, ashes, construction site remains, vomit, stains on the upholstery, etc.).



2.7 If you do not return on the date/time stipulated in the contract, Moto Luis is entitled to charge the additional days + administration fees, but also an increase if we have to give the next client a higher category to avoid overbookings.



2.8 Electric cars have to be returned with a load of at least 50%. If you return it with less load, we are entitled to charge 1 extra day's rent at the current desk rate. You are obliged to return it with the 2 cables. If any extras are missing you must pay the cost. Ask us for the PDF "how to charge an electric car".





3. RENTAL CHARGES



The Hirer agrees to pay to MOTO LUIS S.A.:



3.1 The amount resulting from the application of the general rate in force and the price agreed in the rental contract, corresponding to duration, insurance, optional waivers, additional equipment and complementary services, according to the stipulated conditions, as well as applicable taxes and fees. Payment shall be made at the time of signing the contract if not already paid in advance. The lessee must provide a credit card as a guarantee for the rental (in case of having only a debit card, MOTO LUIS S.A. reserves the right not to rent the vehicle or may request a deposit of 100-500 euros).



3.2 The amount of the repair of any damage that may occur during the rental with excess up to its limit (each individual damage is an additional excess); or, the total amount of the repair regardless of the type of insurance contracted when one or more of the circumstances described in section 1 of these terms and conditions apply.



3.3 The cost of removal and/or repair of damage to the vehicle caused by the use of unsuitable fuel (towing service, labour, workshop, etc.) plus the cost of a new full tank of suitable fuel and 20 euros per refuelling service.



3.4 Traffic fines, as well as the costs incurred by the Hirer in the use of the vehicle due to infringement of current legislation, in particular Traffic Regulations, as well as surcharges for late payment and judicial or extrajudicial costs as a result of the above.



3.5 The cost of missing tools, tyres, rims, emergency triangles, reflective waistcoats, electric car charging cables (200-800 euros each or according to the manufacturer´s cost if higher) or other accessories of the rented vehicle. In the event of loss, theft damage or water damage to the vehicle keys, the customer must pay the cost of their replacement, the amount of which varies between 75 and 1,000 euros, depending on the model. The price of each scooter helmet is 40 euros in the event of loss, breakage or theft. In the event of extreme cleaning of the vehicle, the Hirer shall pay 100-200 euros.



3.6 The costs arising from the faulty fitting of accessories to the rented vehicle or the misuse of its components, including the incorrect opening of bonnets or roofs or damage to the interior of the vehicle, regardless of the insurance taken out.



3.7 The roadside assistance service (exclusive service for cars, scooters do not have roadside assistance) regardless of the insurance contracted if it is due to negligence on the part of the client, such as rescuing vehicles in places or on roads that are not suitable for driving; leaving the lights on and running out of battery or other errors such as activating the speed limiter or leaving the key locked inside the car.



3.8 The days during which the vehicle is stopped due to accident, breakdown or retention of the vehicle by authorities (police), due to the negligence of the Hirer at the rate of the rented vehicle type.



3.9 The costs and/or damages caused outside the period of validity of the contract if the agreed date and time of return of the rented vehicle is exceeded.



3.10 Notwithstanding the above, and regardless of the insurance coverage contracted, in the event that the vehicle presents material damage that has occurred as a result of an accident during the rental period and the corresponding Accident Report and, where appropriate, the European accident statement form is not presented, at the end of the rental period, the client will be charged €60 as a Non-Delivered Accident Report (UAR charge). The aforementioned charge will be charged by Moto Luis staff at the end of the rental at the time of the final settlement of the rental contract.



3.11 In the event of theft of the vehicle, the lessee is responsible for reporting the incident to the Guardia Civil. Moto Luis will provide the details of the vehicle and the insurance company. In case of not going, a 200€ handling fee will be charged.



4. INSURANCE, LIABILITY AND ACCIDENTS



4.1 Only drivers expressly authorised by MOTO LUIS S.A. are insured and are covered by a compulsory insurance.



4.2 The Hirer's liability for damage caused to the rented vehicle is fully covered in the event of fire and theft by the comprehensive insurance (or limited to the amount of the excess according to the current rental rate in case of rental with excess) provided that the requirements of the following point are met.



4.3 In the event of accident, theft or fire, even partial, the Hirer shall:



4.3.1 Not abandon the rented vehicle without taking the necessary safety and precautionary measures to protect it and inform MOTO LUIS S.A. as soon as possible and in any case within 24 hours immediately after the incident occurs.



4.3.2 Obtain information from the other party and possible witnesses by filling in a report to be sent to MOTO LUIS S.A. within 24 hours of the accident, stating the signature, place, date and time it took place.



4.3.3 Immediately notify the authorities if the fault of the other party is to be investigated or if there are injured persons.



4.4 No insurance covers the loss, damage or theft of objects or personal property transported inside the vehicle.



4.5 MOTO LUIS S.A. declines all liability for accident or damage if the Hirer provides inaccurate information concerning his/her identity, address or validity of his/her driving licence.



4.6 If the car suffers any new damage during your rental, please inform us so that we can order replacement or new spare parts as soon as possible. Please send us an email to cora@motoluis.com/info4@motoluis.com within 24 hours (you are also obliged to do so if you have taken out the All-in One insurance). Do not forget to attach photographs of the damage.



4.7 If the car can no longer be driven due to an accident, Moto Luis will do everything possible to resolve the situation as soon as possible. In case you need/want another car, you must pay the new rental amount according to the current rate at this time.



4.8 Towing service is never included when renting a scooter. Roadside assistance service by our Moto Luis staff during our working hours is included when it is a breakdown of the scooter, but is not covered if it is a misuse/negligence on the part of the client.



5. APPLICABLE LAW AND JURISDICTION



5.1 The present Contract will be ruled by Spanish Law, which will be applicable in relation to its validity, interpretation, execution and fulfilment.



5.2 The questions arising from this contract between the lessee and the lessor will be subject to the jurisdiction of the Courts of Law and Tribunals of Ibiza.



6. INFORMATION IN COMPLIANCE WITH PERSONAL DATA PROTECTION REGULATIONS



6.1 Your personal data will be used for our relationship with you and to be able to provide you with our services. Such data is necessary for us to be able to relate to you, which allows us to use your personal information within the law. It may also be used for other activities, such as sending you advertising or promoting our activities.



Only authorised personnel within our organisation will have access to the information we collect from you. In addition, those entities that need to have access to your information in order for us to provide our services to you may also have access to your information. Public or private entities to whom we are required to disclose your personal information in order to comply with any law will also have access to your information.



Our business is obliged by the Law on Public Safety to keep a record of all the clients to whom we provide services, so it is possible that the State Security Forces and Corps (police) may be aware of the personal information generated by our relationship.



We will retain your data for the duration of our relationship and for as long as we are required to do so by law. Once the applicable legal periods have expired, we will securely delete it.



You can contact us at any time to find out what information we hold about you, rectify it if it is incorrect and delete it at the end of our relationship, when this is legally possible.



You also have the right to request the transfer of your information to another entity (portability). To request any of these rights, you must make a written request to our address, along with a photocopy of your ID, to identify you: MOTO LUIS S.A., Av. Portmany 17 bajo, 07820, Sant Antoni de Portmany, Illes Balears, Spain.



In the event that you feel that your rights have been disregarded by our entity, you may file a complaint with the Spanish Data Protection Agency (www.agpd.es).



Specific permissions (tick the corresponding box if yes):



I consent to the use of my personal data to receive promotions and discounts from MOTO LUIS S.A. by e-mail and/or WhatsApp (mailing).



I consent to the use of my telephone number so that MOTO LUIS S.A. can communicate with me via WhatsApp, thus improving the speed and efficiency of the different procedures and communications.



I agree that the rented vehicle has geolocation activated during my rental.



I herewith declare that I am capable of driving the vehicle I am renting, that I am allowed legally to drive the rented vehicule and that my driving license is valid in Spain.

In the event of supplying the rented vehicle with the wrong type of fuel, Moto Luis will apply an additional penalty (see point 3.3).

RESERVA TU VEHÍCULO CON MOTO LUIS