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Terms of conditions IBIZAJEEPS SL

IBIZAJEEPS  RENTAL CONDITIONS

In these terms and conditions the following words shall have the following meaning:

- Vehicle: the vehicle or other property that is the subject (or forms a part of) of the rental agreement;

- Renter: the natural person older than 25 years of age or a  minimum of one year in the possession of a driving licence  or a legal entity entering into a rental

   agreement as the party renting the vehicle;

- Rental agency: the natural person or legal entity being entering into a rental agreement as the party renting out the vehicle;

- Consumer: a renter who is a natural person and is not entering into the rental agreement within the execution of his/her profession or business;

- Rental agency damage: any financial loss suffered by Ibizajeeps as a result of:

- damage to the vehicle (including the vehicle or its parts being in a condition incompatible with normal wear and tear) or loss of the vehicle or its associated parts

(including the keys, alarm installation, and documentation such as registration papers and international motor insurance documents) or any parts of such. This loss

shall also include any costs incurred for the replacement of the vehicle (or parts thereof) as well as the loss of rental income;

- damage inflicted on persons or property by or through the vehicle, for which Ibizajeeps, the party in whose name the vehicle is registered or the liability insurer

of the vehicle is liable;

- Overhead damage: rental agency damage caused by a collision involving any part of the vehicle situated more than 1.90 metres above the ground or by a collision

involving property attached to the vehicle at a point more than 1.90 metres above the ground;

- Driver: the actual driver of the vehicle;

In writing: a document sent on paper or electronically; Motor Insurance Liability Act

 I. General provisions

SECTION 1: Applicability

These General Terms and Conditions are applicable to all agreements entered into by the renter and Ibizajeeps in respect of renting and renting out vehicles,

including any accessories.

SECTION 2: The offer

1. Depending on the wishes of the renter, Ibizajeeps shall submit an offer either in writing or verbally.

2. The offer shall be irrevocable for 14 days, with the exception of a situation of insufficient availability.

3. The offer shall contain a complete and accurate description of the rental period, the rental sum and the potential additional cost elements. Moreover, the offer shall

stipulate the level of any personal excess and the possibility of commuting the personal excess, and detail any requirements regarding a deposit or other means of

security.

4. The offer shall give details of the opening times of Ibizajeeps and a telephone number on which it can be reached.

5. The offer shall stipulate the way in which payment is to be made and security provided.

6. If reasonably possible, the offer shall be accompanied by these General Terms and Conditions. If this is not possible, the General Terms and Conditions shall be handed

over on conclusion of the agreement.

SECTION 3: The agreement

1. The agreement shall come into effect once the offer has been accepted. A verbal agreement should be confirmed in writing by Ibizajeeps.

2. The rental agreement shall be entered into for the period and at the rate stipulated in the rental agreement or otherwise agreed. The rental agreement shall also

stipulate the times/dates of commencement and termination of the rental period.

3. On the grounds of section 9, paragraph 7, and with reference to section 12, paragraph 2, of these General Terms and Conditions, the rental agreement shall, if

applicable, stipulate the maximum amount of liability limitation.

SECTION 4: The rental price and price changes

1. The rental sum and any additional cost elements, such as price per kilometre, shall be agreed in advance, as shall any right to make interim price changes. The rental

agency shall be responsible for ensuring that the rental sum is clearly stipulated on the rental agreement.

2. If prices should change within three months of the conclusion of the agreement, this shall have no effect on the agreed price. A consumer shall be entitled to dissolve

the agreement if the price is raised after a three-month period following the conclusion of the agreement but prior to the commencement of the rental period, unless

the rental agreement stipulates that the rental period shall commence later than three months after the conclusion of the agreement.

3. The second paragraph shall not apply to any price changes due to legislative changes, for example changes to the rate of VAT.

4. The number of kilometres driven shall be established on the basis of the odometer, unless the odometer is defective. Any kilometres driven after the odometer becomes

defective shall be established in the most obvious way. The provisions relating to the odometer shall be equally applicable to the operational hour meter for the PTO

and engine cooling system.

5. Throughout the rental period all the costs associated with vehicle usage, such as tolls, Eurovignette and the costs of fuel, cleaning and parking shall be for the account

of the renter.

6. Without prejudice to the obligation of the renter to pay compensation if grounds exist, the renter may not be charged for any costs which have not been agreed.

SECTION 5: The rental period and exceeding the rental period

1. The renter shall be obliged to return the vehicle to the address of Ibizajeeps stipulated in the agreement, or to an alternative address agreed at a later stage, by

- at the latest - the date and time stipulated as the end of the rental period. During opening hours, Ibizajeeps shall be obliged to accept the vehicle.

2. Only with the permission of Ibizajeeps may the vehicle be returned to a place other than that agreed and/or returned outside opening hours.

3. Agreements in respect of the early return of the vehicle within the agreed rental period are subject to confirmation.

4. Should the vehicle not be returned in the agreed manner at the end of the rental agreement, or any extension to the agreement, Ibizajeeps shall be entitled to

take back the vehicle immediately. The renter’s obligation by virtue of the agreement shall remain in force until Ibizajeeps regains possession of the vehicle.

5. If the vehicle is not returned in time, Ibizajeeps shall be entitled to charge the renter 20% of the daily rental price for each hour that the rental period is

exceeded. Should the period of no-return exceed 5 hours, 1_ times the daily rental price may be charged each day until the vehicle is returned, irrespective of the

renter’s obligation to compensate Ibizajeeps for any loss it has or may in future suffer. If it is in fact impossible for the renter to return the vehicle, no increased

rental price shall be charged. The increase in the rental price shall not be applicable if the renter can demonstrate that the period was exceeded as a result of force

majeure.

SECTION 6: Cancellation

1. If an agreement is cancelled, the renter shall be liable for the following cancellation costs:

- if cancellation is before the 42nd day (exclusive) prior to the day of rental: the down payment, up to a maximum of 20% of the rental sum;

- if cancellation is between the 42nd day (inclusive) and the 28th day (exclusive) prior to the day of rental: 35% of the rental sum;

- if cancellation is between the 28th day (inclusive) and the 21st day (exclusive) prior to the day of rental: 40% of the rental sum;

- if cancellation is between the 21st day (inclusive) and the 14th day (exclusive) prior to the day of rental: 50% of the rental sum;

- if cancellation is between the 14th day (inclusive) and the 5th day (exclusive) prior to the day of rental: 75% of the rental sum;

- if cancellation is between the 5th day (inclusive) and the day of rental: 90% of the rental sum;

- if cancellation is on the day of rental or later: the entire rental sum.

2. Cancellation outside office hours shall be deemed to have occurred on the following calendar day.

SECTION 7: Payment

1. Advance payments of up to 50% of the rental sum may only be requested for rental agreements which have a commencement date within three months. On

commencement of the rental period, a deposit may be requested.

2. The deposit shall be returned subject to settlement of any outstanding costs as soon as the vehicle is returned, unless there is a question of rental agency damage. In

the case of rental agency damage, the deposit shall be returned to the extent it exceeds the amount for which the renter is liable. This amount shall be returned as

soon as it is clear that there is definitely a question of an excess. If there is only a question of damage to the vehicle, the amount shall always be returned within 2

months; if there is (also) a question of third-party damage, it shall be returned within 6 months.

3. If Ibizajeeps damage is caused by third parties and Ibizajeeps has successfully recovered all the damages from these third parties, the deposit shall be

returned within 14 days of the damages being recovered. Ibizajeeps shall make every effort to ensure the damage caused by third parties is recovered as

quickly as possible and shall keep the renter informed of developments.

4. Unless agreed otherwise, the rental sum must be paid immediately after the expiry of the rental period. Any other amounts should be paid within ten days of receipt of

the relevant invoice. Should the renter fail to pay, he/she shall be in default by operation of law. From the date of default, the renter shall be liable to pay the statutory

interest for non-trade agreements on the outstanding amount. The renter shall also be liable for any collection costs incurred by Ibizajeeps. Any extrajudicial

collection costs shall be determined in advance in accordance with the following amounts, unless these were to be deemed unreasonable in the case in question:

- € 44, including VAT, if the principal sum plus interest is € 500 or less, up to a maximum of 15% of the principal sum;

- € 75, including VAT, if the principal sum plus interest is in excess of € 500 but no more than € 5,000;

- € 768, including VAT, if the principal sum plus interest is in excess of € 5,000 but no more than € 10,000;

- € 904, including VAT, if the principal sum plus interest is in excess of € 10,000 but no more than € 20,000;

- € 1158, including VAT, if the principal sum plus interest is in excess of € 20,000.

SECTION 8: Renter’s obligations

1. Without prejudice to the provisions below, the renter must look after the vehicle as befits a good renter and ensure that the vehicle is used in accordance with the

purposes for which it is intended.

Consequently, the renter shall be prohibited from using the vehicle on an unsuitable circuit or terrain, or on any terrain in respect of which the renter or driver have

been informed that entry to the terrain is at their own risk.

2. The renter must return the vehicle to Ibizajeeps in its original state. This means, among other things, that the renter must remove any changes or additions to

the vehicle made by him/her, or on his/her behalf, and do so in such a way that the vehicle can be returned to Ibizajeeps in its original state. The renter cannot

claim any right to compensation in such situations.

3. The renter must ensure that any loads in or on the vehicle are carefully secured.

4. Only the person (or persons) named as the driver (drivers) in the rental agreement may drive the vehicle. The renter may not make the vehicle available to any person

not named as a driver in the rental agreement. The renter shall be responsible for ensuring that all the drivers named in the rental agreement are qualified to drive the

vehicle, and are both mentally and physically capable of driving the vehicle.

5. The renter may not rent out the vehicle.

6. The renter may not use the vehicle to give driving lessons or to transport people in exchange for money other than for the benefit of ‘carpooling’, nor may the renter

use the vehicle to participate in competitions, or speed, driving skill or reliability tests.

7. The renter may not take the vehicle outside Ibiza , unless this has been agreed in writing with Ibizajeeps.

8. If the renter is aware or notices that the vehicle is damaged or defective, the renter may not use the vehicle if doing so could worsen the damage or defects, or reduce

road safety.

9. The renter is obliged to impose all the obligations and prohibitions in this section on the driver, passengers and other users of the vehicle and to supervise adherence

to such.

10. The renter must, among other things, take good care of the vehicle’s keys, the operation of the alarm installation and the vehicle’s documents (such as the vehicle

registration certificate and the international motor insurance documents).

SECTION 9: Instructions for the renter

1. The renter must ensure that the oil level and the tyre pressure are kept at the required levels and accede to any request from Ibizajeeps to submit the vehicle for

service. Such requests shall be issued in good time so the renter can reasonably fulfil the request. If the rental period is a month or less, the renter shall not be obliged

by Ibizajeeps to submit the vehicle for a routine service.

2. The renter must return the vehicle in a clean state. Failure to observe this obligation could result in the renter being charged for the costs of cleaning, at a minimum

charge of € 25 (including VAT).

3. The renter must fill the vehicle with the fuel and, if necessary, any supplements specified as suitable by Ibizajeeps.

4. Should the renter become aware of or notice that the vehicle is defective or damaged or has caused damage, or should the vehicle be missing, the renter shall be

obliged to:

- give notification of this as soon as possible;

- follow the instructions issued by Ibizajeeps;

- submit, whether or not on request, all the information and documents which relate to the incident to Ibizajeeps or its insurer;

- ensure the vehicle is not left behind without being suitably protected against the risk of damage or loss;

- cooperate with Ibizajeeps or a person designated by Ibizajeeps in order to acquire compensation from third parties or to provide a defence against the

claims of third parties.

5. In the event of accidents, damage or loss, the renter shall also be obliged to:

- report the incident to the local police;

- submit a completed and signed claim form to Ibizajeeps as quickly as possible;

refrain from making any form of acknowledgement of guilt.

6. The renter is obliged to impose all the obligations and prohibitions in this section on the driver, passengers and other users of the vehicle and to supervise adherence

to such.

7. The renter shall not be permitted to transport goods in the vehicle which have a collective value in excess of € 15,000, unless otherwise agreed.

8. The renter should inform Ibizajeeps as quickly as possible about:

- any malfunction in the working of the odometer, the tachograph, the cruise-control or the operational hour meter for the PTO and engine

cooling system, as soon as the renter can reasonably deduce there is a malfunction;

- any breaks in the fuel system seal, as soon as the renter can reasonably deduce there could be a break;

- any incident which causes, or could reasonably cause, the vehicle to be damaged, as well as any incident which is caused, or could

reasonably be caused, by the vehicle;

- the vehicle malfunctioning;

- the loss, or the loss of control, of the vehicle, its parts or associated components;

- attachment of the vehicle;

and any other circumstances about which Ibizajeeps should, in all reasonableness, be informed.

9. If Ibizajeeps is required to submit information to the authorities in respect of the identity of the person who was driving or using the vehicle at a specific

moment, the renter must respond to any related questions posed by Ibizajeeps as quickly as possible.

SECTION 10: Obligations of Ibizajeeps

1. At the time of delivery, Ibizajeeps shall deliver a clean, well-serviced vehicle, plus the agreed accessories and specifications; the vehicle shall also be equipped

with all the equipment compulsory in the Netherlands, have a full fuel tank and, as far as Ibizajeeps is aware or could be expected to be aware, it shall be in a

good technical state.

2. If it is impossible to deliver a vehicle from the agreed category, then, at the request of the renter, a vehicle from a higher category shall be provided without the renter

being charged any extra costs. A request for an upgrade cannot be fulfilled if the agreed vehicle is already in the highest category.

3. Prior to the rental, the renter shall, together with Ibizajeeps, compile a report indicating the damage to the vehicle that already existed.

4. Ibizajeeps shall handover all the required documents to the renter prior to the rental period.

5. Ibizajeeps should ensure that the vehicle contains instructions in the Dutch language, as well as a list of telephone numbers to which the renter can report

incidents both during and outside office hours.

6. Ibizajeeps shall ensure that details of the type of fuel, and any other prescribed supplements, are clearly indicated on the vehicle, preferably near the fuel tank

opening.

7. The instructions should clearly state the oil level and tyre pressure to be maintained.

8. Ibizajeeps shall ensure there is adequate breakdown help both in the Netherlands and abroad. Help shall only be applicable to breakdowns abroad if it has

been agreed that the vehicle may be used abroad.

9. At a minimum, adequate help shall be taken to mean that Ibizajeeps can offer a replacement vehicle, as far as possible an equivalent vehicle, if a malfunction in

the vehicle necessitates repair work which is expected to take longer than two working days. If the breakdown is attributable to the renter, the costs of the help shall

not be reimbursed by Ibizajeeps.

10. Immediately on return, Ibizajeeps shall inspect the vehicle for any damage. This refers to situations when the vehicle is returned to Ibizajeeps from which

the vehicle was collected, as well as to situations when it is returned to a different office.

SECTION 11: Liability of the renter for damage

1. For each damage incident, the renter is liable for rental agency damage up to the level of personal excess stipulated in the rental agreement. In the event of overhead

damage to vehicles weighing 3,500 kilograms or less, the personal excess is maximised at € 1,500, while all other damage incidents are maximised at € 1,000.

2. If however the damage is caused by any act or omission in contravention of section 8, the renter shall be fully liable for rental agency damage, unless he/she proves

that the act or omission was not attributable to him/her or complete compensation is unacceptable on the grounds of reasonableness and fairness.

3. If the vehicle is returned outside Ibizajeeps’s opening hours with the permission of Ibizajeeps and/or is to be picked up by Ibizajeeps from an

agreed place other than the business premises of Ibizajeeps, the renter shall, in accordance with paragraphs one or two of this section, remain liable for any

rental agency damage until the time when Ibizajeeps actually inspects the vehicle, or has it inspected. In the situations described in the previous sentences, the

rental agency shall inspect the vehicle at the first opportunity and immediately inform the renter if any damage is discovered.

4. In respect of rental agency damage which consists of financial loss as a result of damage being caused with or by the vehicle to people or property, in respect of which

the liability towards third parties is borne by Ibizajeeps, the party in whose name the vehicle is registered or the liability insurer of the vehicle, the provisions in

the second paragraph of this section shall only apply if there is no cover by virtue of the conditions of the Motor Liability Act (WAM) insurance agreement.

5. In the event of the vehicle being damaged while it is abroad, the costs of repatriating the vehicle shall be for the account of Ibizajeeps, unless the second

paragraph of this section is applicable.

6. The renter shall be liable for the actions and omissions of the driver, the passengers and any other users of the vehicle, even if the renter has not given permission for

them to use the vehicle.

SECTION 12: Defects to the vehicle and rental agency liability

1. At the request of the renter, Ibizajeeps shall be obliged to repair any defect, unless this is impossible or the required expenditure cannot, under the given

circumstances, be reasonably expected of Ibizajeeps. This obligation shall not be applicable if the renter is liable to Ibizajeeps for the cause of the defect

and/or for the consequences of the defect.

2. Ibizajeeps shall not be liable for any vehicular defects causing the goods being transported to be damaged to the extent the total value of the transported goods

exceeds € 15,000, unless in accordance with the provisions in section 9, paragraph 7, a higher amount has been agreed. Regarding personal injury, Ibizajeeps

shall not be liable if and to the extent the injured party is able to recover his/her damages from a payment by virtue of general insurance or by virtue of other

provisions.

3. The provisions in the previous paragraph shall not apply to the extent that it relates to defects of which Ibizajeeps was or should have been aware at the time

the agreement was entered into or to matters which are the result of wilful misconduct or gross negligence on the part of Ibizajeeps.

SECTION 13: Government measures and information to the authorities

1. Any sanctions and consequences of government measures related to the renter having the vehicle at his/her disposal or making use of the vehicle shall be for the

account of the renter, unless these are connected to a defect already present when the rental commenced or the sanctions are related to circumstances within the

sphere of control of Ibizajeeps.

2. Should these sanctions and measures be imposed on Ibizajeeps, the renter shall indemnify Ibizajeeps immediately on request, whereby the renter shall

also be liable to pay administration costs, the minimum amount being € 25 (including VAT). Ibizajeeps shall do its utmost to minimise these costs.

Should Ibizajeeps be obliged to provide information to the authorities due to any act or omission on the part of the renter, such as a traffic offence, the renter

shall be obliged to reimburse any associated costs, the minimum amount being € 10 (including VAT).

3. If requested, the renter shall be provided with a copy of the official document imposing the sanction.

SECTION 14: Attachment of the vehicle

1. In the event of administrative, civil or criminal attachment of the vehicle, the renter shall be obliged to fulfil the obligations of the rental agreement, including the

payment of the rental sum, until the moment when the vehicle, unencumbered with attachment, is once again in the possession of Ibizajeeps, unless the

attachment is related to circumstances which are within the sphere of control of Ibizajeeps.

2. The renter shall be obliged to indemnify Ibizajeeps for any costs resulting from the attachment.

SECTION 15: Dissolution of the rental agreement

1. Ibizajeeps shall be entitled to terminate the rental agreement without notice of default or judicial intervention and to repossess the vehicle without prejudice to

its rights to the reimbursement of costs, damages and interest if:

- during the rental period, it becomes apparent that the renter is not, not fully or not in time fulfilling one or more of the obligations arising from the agreement, unless

the failure is such it does not justify dissolution;

- the renter dies, is placed under guardianship, files for suspension of payments, is declared bankrupt, or has the Debt Management (Natural Persons) Act (Wet

declared applicable to him/her;

- circumstances become apparent to Ibizajeeps the nature of which is such that, had Ibizajeeps been aware of them, it would never have entered into

the rental agreement.

2. The renter shall cooperate with Ibizajeeps in every way so that Ibizajeeps is able to regain possession of the vehicle.

3. Should the renter die before commencement of the rental period, the rental agreement shall be dissolved without notice of default or judicial intervention.

4. Ibizajeeps shall not be liable for damages as a result of dissolution on the grounds of this section.

SECTION 16: Complaints and mediation arrangements

1. A complete and clear description of complaints regarding the execution of the rental agreement should be submitted to Ibizajeeps promptly once the renter has

discovered the alleged shortcoming. Failure to submit the complaint promptly could result in the renter losing any rights in the matter.

If the complaint has been submitted to the Mediation Office and the mediation failed to satisfy the renter, the renter may subsequently submit the complaint to

 

SECTION 19: Registration of the personal details of the renter and the driver

1. The personal details specified in the agreement shall be registered in a register of personal data by Ibizajeeps as the body responsible within the context of the

Personal Data Protection Act On the basis of this registration, Ibizajeeps may implement section 13 of these Terms and

Conditions, execute the agreement, provide an optimal service and up-to-date product information to the renter and the driver and make them personalised offers. The

personal details may, moreover, be passed on to a court bailiff if there is a question of filling a fuel tank without paying.

Regarding the personal details registered, the renter and the driver may both submit requests for inspection and corrections and raise objections. Regarding direct

mailing, any objections shall at all times be honoured.

2. The details referred to in paragraph one may also be included in the Vehicle Rental Warning System As well as Ibizajeeps,

SECTION 20: Applicable law

The rental agreement shall be governed by Spanish law, unless on the grounds of mandatory rules of law, the law of another country is applicable.

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