Mustang Adventures S.L hires the vehicle/s to you, subject to this rental agreement and terms and conditions to be signed by you and any other appendices which may be required to be signed by you. On signing this agreement you acknowledge that you fully understand the rental agreement and terms and conditions in their entirety and that you are bound by all terms and conditions presented to you.
“This Agreement” – means the rental agreement and terms and conditions, together with the pre-check form, definition of damage form and any other documentation required by us to be signed by you in connection with your rental of the vehicle.
The terms and conditions will be applicable to the person signing the contract for hire of vehicle with the company Mustang Adventure, S.L. and as guarantee of the vehicle provides a credit card in their name. The costs associated with the rental agreement will be assumed by the person who signs the same or expressly appears in the contract of hire as authorised to drive the vehicle regardless of whether they are the driver of the vehicle or not.
All of the persons identified in the rental agreement will be jointly liable for the payment of any sum owed and which derives from the contract.
For the purposes of this document a specific meaning has been established for the following terms or expressions:
“Insurance excess and damage deposit” – means the amount of €3,000 payable by you in respect of the insurance excess fee.
“Rental Agreement” – means terms of rental with which you must comply.
“Rental Period” – means the duration of the period in which the Vehicle is in your control and possession.
“Vehicle” – means the vehicle described in the Rental Agreement and includes vehicle documentation, wheels, tyres, tools, accessories and any other related equipment as well as any vehicle with which it may be substituted at our discretion.
“We/us/our” – means Mustang Adventures S. A, 07820-SANT ANTONI DE PORTMANY (BALEARES), TRAVESIA DEL MAR Nº 1.Baleares, Spain.
“You” – means the person, company, firm or organisation who signs the Rental Agreement, together with any authorised driver stated on the Rental Agreement.
II.- Requirements for the driver. Age Limit & Driver History
All drivers must:
- Be expressly mentioned in the rental agreement.
- Be aged between 29 and 68 years of age to drive any of the cars in our fleet.
- Hold a full valid driving license for cars for more than 5 (five) years prior to rental.
Persons not insured to drive:
- Those who are not expressly mentioned in the rental agreement.
- Those who have been involved in an accident whilst driving in the past 3 (three) years;
- Those who have been convicted of an offence in connection with driving a motor vehicle or motor cycle and had their license suspended or endorsed with more than 9 (nine) points in the past 5 (five) years;
- Those who have any physical or mental defect or infirmity that affects their ability to drive a vehicle.
If an unauthorised person drives the vehicle they will not be complying with the general terms and conditions and will be liable for the consequences which derive from the same.
III.- Use of the vehicle
The vehicle may only be used on the island of Ibiza.
Call us or send an email to firstname.lastname@example.org advising of your intention to book a vehicle. We will acknowledge same but only on receipt of 50 % (fifty per cent) of the fee (“the deposit”) and confirmation that you have read and agree to all of the terms and conditions, will a booking confirmation be sent to you outlining the dates and details of your reservation of the vehicle. Such booking confirmation will be binding on you.
The balance of the hire fee will be taken in person on the day of the hire date. Should we not receive full payment within the time stipulated we reserve the right to cancel the booking and retain the deposit.
The daily rates applicable are as set out on the prices page of the Mustang Adventures website.
VI.- Documents On Collection
On collection of the Vehicle, the primary cardholder must be present and must provide the following original items of identification:
- Passport – including the passport of any further authorised driver;
- Valid driving licence – including that of any further authorised driver;
- A utility bill or bank statement that is not more than 3 (three) month’s old and registered to the address of the card holder;
- Valid credit card.
Prior to departing with the Vehicle you will be required to sign and acknowledge that you are fully aware of all the terms and conditions of the Agreement.
When collecting the vehicle you will be asked to sign the part of the contract referring to the condition of the vehicle at that moment. Should you find any visible damage to the vehicle which is not indicated in the rental agreement you should ensure that they are added to the contract; otherwise it will be understood that you accept the condition of the vehicle described in the contract and will be liable for the damage found at the time of its return.
VII.-Insurance and Insurance Excess Damages Deposit
All of our Vehicles are insured with Fully Comprehensive Cover and include 24 hr road assistance.
The standard excess is €3,000 in respect of all of the cars in the fleet.
In the event of an accident resulting in any damage to third party property or the Vehicle itself, you will be liable for the first €3,000. Please note that this excess applies to each claim and not to each rental.
We require that when you book the Vehicle, you grant us permission to obtain a pre-authorised amount of either €3,000 on your credit card to cover Insurance Excess and Damages Deposit.
You will be fully liable for replacement or repairs including but not limited to, tyre damage, windows, windscreen, roof, chassis damage, clutch or gearbox damage as well as for damage to internal fixtures and fittings, upholstery, paint and any equipment provided with the Vehicle.
Should the Vehicle be stolen and you cannot find the keys to the Vehicle, then you will be fully liable for the replacement cost of the Vehicle and any consequential losses associated therewith.
You will also be fully liable for any costs associated with incorrect use of fuel in the Vehicle.
We will not be liable in respect of any items which may be stolen from the Vehicle, including personal items and it is strongly recommended that you arrange further travel insurance to cover effects for personal injury, whatsoever the cause.
VIII.- Damages Deposit
Should the excess not be required, we are in any event authorised to retain the pre-authorised amount mentioned in 4 above for a period of 2 (two) weeks after the return of the Vehicle in order to cover the possibility of damage to the Vehicle or accessories, fixtures and fittings or equipment included in the rental. This payment will not be processed unless loss or damage occurs or any additional charges arise during the rental period. Additional charges which may be deducted from your credit card include but are not limited to:
- Fuel – the Vehicle will be supplied with a full tank of fuel. Should you fail to return the Vehicle with a full tank, replacement of the fuel will be charged;
- Speeding and traffic fines, penalties or infringements arising out of your use of the Vehicle, including fines and infringements for parking, clamping, towing or obtaining release of the Vehicle from a compound, as well as all legal and court fees or costs arising from such infringements or penalties;
- Replacement of lost keys;
- Additional driver charge (if applicable);
- Any further charges to return the Vehicle to the same condition it was in at the time of collection, including any cleaning that may be necessary.
Should a claim arise, we reserve the right to retain the pre-authorised amount for the period necessary in which to quantify the charges and to deduct such charges from your credit card. Should we release the pre-authorisation from your card without deduction, prior to noticing damage to the Vehicle or equipment, or additional charges, your signature to this agreement provides us with permission to deduct this amount from your card. Should damages exceed the pre-authorised amount, you will be liable for settling the additional costs, as well as for any legal costs that might be incurred by us in recouping those costs. By hiring from Mustang Adventures S.L. you allow us to charge any amount which is unpaid deriving from the rental agreement to the means of payment provided by yourself. Where charges are incurred which result in our deducting monies from your credit card, a detailed invoice will be provided to you stipulating the charges so debited.
IX.- Collection & Return of the Vehicle
The time for collection of the Vehicle will be as stipulated on your booking confirmation. Should you be in excess of 30 (thirty) minutes late we reserve the right to rent the car to another customer. Please set aside a period of between 30 – 60 minutes in order to conclude the handover on arrival at our premises, in order for us to take you through the Vehicle and its equipment and to conclude the documentation.
The Vehicle should be returned to our premises by the time that was agreed on the booking confirmation. It should be clean, inside and out with a full tank of fuel and in the same condition as it was when it left the premises. Failure to comply with this provision will result in charges being made against your credit card.
You remain fully responsible for the Vehicle until such time as the keys are handed back to us. Should you abandon the Vehicle any charges therefor will be deducted from your credit card.
No monies will be refunded should the Vehicle be returned prior to the return time.
It is not possible to extend the Rental Period without prior authorisation from us. We may agree to such extension but for insurance purposes the maximum rental period cannot exceed 28 (twenty eight) days. You will not be insured if you return the Vehicle after the period stated on the Rental Agreement.
Should you return the Vehicle 1 (one) hour after the agreed return time, we are entitled to a further full day’s rental. Any other charges which may be incurred by us as a result of a late return will be deducted from your credit card, and by signing this Agreement you agree thereto. Any revenue lost as a result of late return of the Vehicle due to an accident will also be charged to you.
X.- Obligations for the use of the vehicle
During the Rental Period, the Vehicle may only be driven by you or an additional driver stipulated on the Rental Agreement. You and any such authorised driver are jointly and severally liable for your obligations under this Agreement. You are not permitted to:
- Drive the Vehicle outside of Ibiza;
- You should drive the vehicle carefully and in accordance with the traffic laws and regulations.
- Should you use the vehicle for the transport of persons up to 135 centimetres tall, you should inform us so that we can provide you with the corresponding obligatory and approved safety equipment which should be mounted or installed for the purpose.
- The vehicle should be treated with the greatest possible care as if it were a member of your family and should be locked and protected from damage.
- The vehicle should be re-fuelled with the appropriate type of petrol or diesel failing which you will be liable for the costs incurred.
- Use the Vehicle for any race, rally, track event or contest;
- Drive the Vehicle in areas unsuitable for public transport or on dirt roads or very poorly paved roads that may cause damage to the underside of the Vehicle;
- Rent, sell or dispose of the Vehicle or its parts or sub-lease the Vehicle;
- Carry passengers for reward without authorisation.
- Overload the Vehicle or carry more passengers than it is designated for;
- Use the Vehicle for any illegal purpose;
- Use the Vehicle to push, pull or tow any vehicle or trailer;
- Cause damage to the Vehicle by leaving items of value in plain sight inside the Vehicle;
- Drive the Vehicle under the influence of alcohol, medication or drugs;
- Carry passengers or property for hire or reward;
- Use the Vehicle to carry dangerous goods such as volatile liquids, gases, explosives or other corrosive and inflammable material;
- Use the Vehicle to give driving lessons;
- Manipulate the odometer – any malfunction of the odometer must be reported to us immediately;
- Drive in a manner that is reckless or without caution;
- Drive against traffic regulations;
- Use the Vehicle in a manner which could cause any damage whatsoever;
- No smoking is permitted in the Vehicle at any time – any damage caused to the Vehicle through smoking will be at your expense;
- No pets or animals are allowed in the Vehicle at any time;
- The Vehicle will be supplied with a full tank of fuel at the start of the Rental Period. You must return the Vehicle with a full tank at the end of the Rental Period, and your failure to do so will result in our charging you for replacing the fuel at the locally determined price, together with a fuel collection fee of €50.00.
- Should you lose, damage or lock the keys in the Vehicle, you will be fully liable for the replacement thereof. In such event, please contact us immediately. Only on replacement of the keys and the placing of them in our possession will the Vehicle be deemed to have been returned to us.
- Otherwise in any way breach any of your obligations under this Agreement.
XI.- In the event of a breakdown, accident or theft.
In case of mechanical breakdown or accident which requires or obliges you to stop the vehicle, 24 hour roadside assistance is provided for and which you should call and is included in the price. In the event that immediate repairs cannot be made, we reserve the right to offer a substitute vehicle. If that is not possible we will refund the hire costs for the remainder of the Rental Period. The extent of our liability in relation to a breakdown is limited to substitution of the Vehicle or a refund of the remainder of the hire costs. We are not in any way liable to pay for other costs such as accommodation or travel costs.
In the event of an accident, loss or damage arising out of the use of the Vehicle during the Rental Period, you should:
- Not accept responsibility or admit to any liability to other parties, make any settlement offers or the like;
- Notify us as soon as possible prior to completing the accident report form;
- Report the incident to the police and obtain the names and addresses of third parties and any witnesses to the incident;
- Undertake to assist us in any claim arising from the incident, including providing us with all relevant information and attending at court to give evidence;
- Acknowledge that the excess or any other amount due by you as a result of any damage arising from the incident, is payable at the time of reporting the event and not on completion of the Rental Agreement;
- Pay for any costs relating to delivery of a substitute vehicle as a result of the accident regardless of whether you were at fault or not.
In case of theft of the vehicle you should inform us of the facts and provide us with the police statement within 24 hours of its taking place together with the original keys of the vehicle.
Payment may be made by Visa, MasterCard, bank transfer or cash.
When paying by credit card, you agree to the following:
- We are authorised to take action including the completion of documentation, to recover from your credit card all amounts owed by you in accordance with this Agreement, including but not limited to, any amounts due as a result of damage to the Vehicle or property of a third party and any other charges which may be incurred as a result of your rental of the Vehicle (including parking fines, traffic fines and administration costs incurred).
You will not dispute any liability to us for any amount due under this Agreement and agree to indemnify us and keep us indemnified against any and all loss howsoever arising (including legal costs) by reason of us notifying your credit card issuer of such a dispute.
Should we accept payment of the damages deposit by holding an open security payment which will be cancelled 2 (two) weeks after completion of the Rental Period, you agree that we are entitled to recover payment from your credit card in respect of any amounts due of which we were not aware at the time of cancelling the open security payment.
All transactions are quoted in Euros and we will not be liable for any fluctuations which may occur between the amount initially debited against your credit card and the amount refunded within two weeks after expiration of the Rental Period.
A full refund of the deposit will be granted to you if cancellation is made 7 days before the date of collection of the Vehicle.
A 50 % (fifty per cent) refund will be granted to you if cancellation is made no less than 2 days of the date of collection of the Vehicle.
No refund will be granted if a cancellation is made within 1 day of the date of collection of the Vehicle.
In the event that we cancel the Agreement as a result of unavailability of the Vehicle due to circumstances beyond our control, a full refund will be offered to you. You shall have no further claim of any kind against us.
We reserve the right to cancel the Agreement in the event of invalid driving licences or if our terms and conditions are not met, in which circumstances no refund will be made to you.
You hereby agree to indemnify and hold Mustang Adventures S.L Ibiza exempt from any liability to you for any loss or damage howsoever arising and incurred by you as a result of this Agreement, including but not limited to:
- Any loss or damage caused by mechanical failure, defect, accident or the Vehicle being unfit for your purpose;
- Any loss or damage to property left in or on the Vehicle or at our premises or recovered or handled by us.
You furthermore indemnify us, our employees, agents and assignees against any claims, demands or expenses of whatsoever nature (including legal costs) incurred by us or them by reason of your use and/or possession of the Vehicle.
Should you incur any loss or damage as a result of our negligence then our liability therefor will be limited to the loss or damage which was a foreseeable result of such negligence. With the exception of the case of death or personal injury resulting from our gross negligence, our total liability to you in respect of any breach of these terms or tort or act or omission by us in connection with this Agreement will be limited in aggregate to the price agreed to be paid by you for the right to use the Vehicle for the period agreed.
Should you be acting in the course and scope of a business or organisation then this paragraph replaces that of the paragraph above. We will not be liable for any claims of whatsoever nature relating to loss of profit, business, contracts, goodwill, anticipated savings, expenses, consequential losses or other similar losses, for any reason whatsoever. In the case of death or personal injury as a result of our gross negligence, our liability will be limited to the price agreed to be paid by you for the right to use the Vehicle for the period agreed, whether our breach is one of these terms and conditions, tort or other act or omission by us in connection with this Agreement.
We reserve the right to refuse to hand over the Vehicle to you if you appear to be unfit to drive the Vehicle or you fail to provide us with the required documentation. Should we become aware that you or your passengers are behaving in a negligent or abusive manner during the Rental Period, we reserve the right to retrieve the Vehicle at your cost, with no refund for loss of hire days to you.
Should you not comply with any of the terms and conditions contained herein, you will be liable to us for any liability or loss incurred by us or damages or expenses we may suffer or have suffered as a result thereof. We reserve the right to retrieve the Vehicle from you at any time and at your expense, should you breach this Agreement.
XV. Law applicable and jurisdiction.
This Agreement shall be governed by Spanish Law. For any matters arising as a result of this contract the Courts and Tribunals of Ibiza will be competent for their resolution.
The provisions of this paragraph apply to our website and governs data collection and usage of the website. The website is owned and operated by Mustang Adventures 07820-SANT ANTONI DE PORTMANY (BALEARES), TRAVESIA DEL MAR Nº 1, Spain.
By using our website you agree to the following:
Your privacy is of paramount important to us.
During your enquiry and the booking process we may collect personal details from you such as your email address, name, home address, telephone numbers, work address etc. This information is required in order to make the booking possible. Other information, such as your IP address, browser type, domain name and other information relating to your hardware and software may also be collected from you in order to provide you with the service you require.
Our website may include links to third party websites. We do not endorse any such websites and are not responsible for the information, material, products or services contained on or accessible through those websites.
Your personal information will not be passed on to any third party companies (aside from our insurance company). Payment details will be processed through a secure system. We will take reasonable measures to ensure that information that you transmit to our website will remain confidential and protected from unauthorised access, however we do not warrant against unauthorised access and will not be liable for any unauthorised access by any means to that information.
We may make improvements or changes to the information, services, products and other materials on our website or terminate the website at any time without notice. We may also modify these terms and conditions at any time. By accessing our website you acknowledge your acceptance of the modified terms and conditions.
No representation is made by us as to the suitability of information, services and materials contained on our website. All such information is provided “as is” without warranty of any kind.
The intellectual property rights over the website and its content are the property of MUSTANG ADVENTURES SL. You have no rights or permission to use brands and should not modify, hire, provide, sell or distribute their content in whole or in part.
Cookies – Our website may use “cookies” which are text files placed on your hard disk by a web page server and are designed to personalise your website experience. Cookies cannot be used to run programmes or deliver viruses to your computer. They are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies you may not be able to fully experience the interactive features of our website.