Clauses 

The present general conditions of vehicle rental regulate the relationship between AUTOS PORTMANY (Portmany Rent SL) and the customer (Lessee) under which the former assigns to the latter the use of a vehicle for the term, price, and other conditions stipulated in this contract. The signature of the Lessee shall be considered as the acceptance of all clauses and conditions indicated.

1. VEHICLE CONDITION.

• The Lessee declares to have received the vehicle specified on the front of this contract in perfect working condition, with all necessary documents, tires, tools, and accessories, as well as in good overall exterior and cleanliness condition, undertaking to return it in the same conditions. The Lessee confirms possession of a valid driving license, and any irresponsibility due to this reason will be at their expense. They are also responsible for any damage caused to the vehicle, as well as for its theft, loss, or illegal activities carried out while in possession of it. Additional drivers will be jointly liable for all obligations assumed by the Lessee.

2. INSURANCE.

• Portmany Rent SL offers the customer a compulsory civil liability insurance, plus one for passengers under the conditions stipulated by the Insurance Company. It also offers insurance against accidents for own damage (C.D.W), plus theft insurance (TP), with EXCESS, in the rented vehicle. Loss, theft, or damage caused to goods or objects transported in the vehicle and damage suffered in the vehicle due to theft and/or vandalism are excluded from the insurance coverage. The amount of the excess in case of own damage to the rented vehicle, theft, loss, or loss of some of its parts is detailed on the front of the contract. The Lessee may exempt themselves from the excess by paying the corresponding premium, which is reflected in the current general rate. In any case, the exemption from the excess (SCDW) DOES NOT INCLUDE THE LOSS OR BREAKAGE OF KEYS AND REMOTE CONTROLS (value according to the model between €150 and €450), DAMAGES TO TIRES AND/OR WHEELS, DAMAGES TO UNDERSIDE (including the lower parts of bumpers and doors), ROOF OR CONVERTIBLE TOP, CLUTCH, INTERIOR OF THE RENTED VEHICLE, ACCESSORIES AND EXTRAS OF THE RENTED VEHICLE, ASSISTANCE AND/OR RESCUE OF THE VEHICLE IN UNPAVED OR UNSUITABLE PLACES FOR DRIVING, NOR DUE TO LACK OF FUEL OR ERROR IN REFUELING. If the customer forgets, loses, or misplaces the keys, they will be charged €50 for providing the duplicate keys. In case of an accident, the company will not replace the damaged vehicle, nor will it refund the remaining rental period. The accident coverage will not apply if the Lessee does not present the accident report properly completed within 24 hours after the accident. In the case of theft, the insurance coverage will not apply if the customer does not present the corresponding complaint within 24 hours and the keys to the stolen vehicle. This insurance will be invalidated, as well as the contract, and with loss by the Lessee of the amount of the rate, insurance, and deposit when:

A) The vehicle is driven by a person other than the Lessee.

B) The driver violates the laws of the Traffic Code.

C) The damage is caused intentionally.

D) The vehicle carries a number of passengers greater than authorized.

E) The car is driven off-road.

F) The driver drives under the influence of alcohol or other narcotic substances.

G) The Lessee uses it for any activity, such as transportation of goods, the remunerated transportation of passengers, or when it implies directly or indirectly subleasing the vehicle.

H) When the lease contract has expired and the vehicle has not been returned yet.

I) The vehicle is driven outside the island of Ibiza (not even Formentera) without prior express written authorization from Portmany Rent SL. If the insurance is invalidated due to the aforementioned situations (A up to 1), the lessee is responsible for damages caused to the vehicle by theft, accident, breakdown, vandalism, loss or misplacement of its parts, as well as the days when the vehicle is immobilized.

3. REPAIRS.

• The lessee must inform Portmany Rent SL of any breakdown suffered by the vehicle. Portmany Rent SL will not be responsible for the cost of repairs made by unauthorized persons in writing, nor does it assume any responsibility for any agreement between the lessee and a person outside the company. In the event of a breakdown and/or assistance, Portmany Rent SL, for technical reasons, needs a minimum time to solve the problem, which is estimated at 5 hours from the time it becomes known and during office hours.

4. RETURN OF THE VEHICLE.

• The vehicle will be returned at the place, date and time stipulated in the contract and in the same condition as delivered by Portmany Rent SL, with all its documents, tires, tools, keys and accessories. The service is only considered terminated once the vehicle and its keys have been delivered to Portmany Rent SL. If the vehicle is returned earlier, the lessee will not be entitled to a refund of the rate and insurance of the contract. There is a margin of 30 minutes delay in the return with respect to the agreed time, so if the vehicle is returned outside that grace period, the lessee will pay an extra amount corresponding to at least one day’s rent, without the option of continuing with the vehicle. The final amount for this reason will be subject to the time of the return of the vehicle. If the lessee wants to keep the rented vehicle for a longer period than the one agreed upon in the contract, they must obtain prior written authorization from Portmany Rent SI, with a minimum notice of 48 hours, and pay the corresponding amount or accept the charge on the credit card with which the rental was paid. In no case can the deposit be used for an extension of the rental. Failure to comply with this condition authorizes Portmany Rent SL to apply a surcharge of 50% on the current local rate until the date of recovery of the vehicle, in addition to all expenses generated for its recovery, and to take charge of it or require it judicially.

CLEANING: the interior condition of the vehicle must be acceptable due to its normal use. If not, a penalty of between €50 and €120 will be applied. SMOKING IS PROHIBITED INSIDE VEHICLES, and a penalty of €60 will be applied for cleaning and disinfection.

5. MINIMUM RENTAL PERIOD.

• One day, from any time of day until 7:30 p.m.

6. GASOLINE AND FINES.

• They are the responsibility of the lessee. The fuel tank will be delivered with a certain level and must be returned the same way. If it contains less, the difference and a penalty of €15 will be charged. For administrative reasons, if the vehicle is returned with more fuel than at the time of departure, no amount will be refunded to the lessee. It is the lessee’s responsibility to refuel the vehicle with the appropriate type of fuel. If the customer uses the wrong fuel when refueling, repair and/or transportation costs will be charged to them (€300). Any fines incurred during the rental period shall be borne by the lessee. The lessee’s details will be provided to the issuing entity in order to send the fine to their address. An administrative charge of €45 for processing will be charged to the lessee’s credit card. In the event that the driver cannot be properly identified due to insufficient information provided by the client, the amount of the fine will also be charged to the lessee’s credit card.

 

7. EXTRA CHARGES.

• The tenant expressly authorizes Portmany Rent SL. to charge the credit card without prior authorization and subsequently send the receipt to the client, for all extra charges generated by the return of the vehicle, according to the clauses of this rental agreement. In the event that the tenant is not present at the vehicle inspection upon return of the vehicle due to reasons attributable to them (return of keys by mailbox, at a location other than a Portmany Rent SL office, unavailability, or the return is made outside of office hours or at a location other than the one designated by the service provider) and damage is found on the vehicle, the tenant accepts the valuation of the damages resulting from the inspection carried out by Portmany Rent SL personnel in their absence, as well as the charges on their credit card for these concepts.

8. JURISDICTION.

• In the event of a dispute arising from this contract, both parties submit to the courts of IBIZA, expressly waiving any other jurisdiction, and submit disputes arising from this contract to what is established by Spanish regulations.

9. DATA PROTECTION.

• For the purposes of the current regulations on personal data, Portmany Rent SL. informs you that the data provided by the tenant is collected in files for internal use by the company. You can exercise your right of access, rectification and opposition to the processing of your data by notifying Portmany Rent SL in writing.

10. ADDITIONAL PROVISION.

• It is the responsibility of the tenant to read this contract carefully. Any doubts or disagreements must be stated before accepting and/or signing the contract. In the event of non-compliance with any of these clauses, the tenant assumes full responsibility for damages that such non-compliance may cause to Portmany Rent SL. as well as to third parties. In the translation of the language, there may be errors, for contractual purposes, both parties will be governed by the conditions written in Spanish. Portmany Rent SL reserves the right of admission in any case.